PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE COUNCIL
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Book 6 27, 28 and 29 March 2012
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AC, QC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP
Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP
Treasurer...... The Hon. K. A. Wells, MP
Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP
Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP
Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC
Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP
Minister for Education...... The Hon. M. F. Dixon, MP
Minister for Planning...... The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC
Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP
Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP
Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP
Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC
Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP
Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary...... Mr D. J. Hodgett, MP
Legislative Council committees
Privileges Committee — Ms Darveniza, Mr D. Davis, Mr P. Davis, Mr Hall, Ms Lovell, Ms Pennicuik and Mr Scheffer. Procedure Committee — The President, Mr Dalla-Riva, Mr D. Davis, Mr Hall, Mr Lenders, Ms Pennicuik and Mr Viney
Legislative Council standing committees
Economy and Infrastructure Legislation Committee — Mr Barber, Ms Broad, Mrs Coote, #Ms Crozier, Mr Drum, Mr Finn, #Ms Hartland, #Mr Leane, #Mr Lenders, #Mr Ondarchie, Ms Pulford, Mr Ramsay and Mr Somyurek. Economy and Infrastructure References Committee — Mr Barber, Ms Broad, Mrs Coote, #Ms Crozier, Mr Drum, Mr Finn, #Mr Leane, #Mr Lenders, #Mr Ondarchie, Ms Pulford, Mr Ramsay and Mr Somyurek. Environment and Planning Legislation Committee — Mr Elsbury, #Mr Finn, #Ms Hartland, Mrs Kronberg, #Mr Leane, Mr Ondarchie, Ms Pennicuik, #Mrs Petrovich, Mrs Peulich, Mr Scheffer, #Mr Tarlamis, Mr Tee and Ms Tierney. Environment and Planning References Committee — Mr Elsbury, #Mr Finn, #Ms Hartland, Mrs Kronberg, #Mr Leane, Mr Ondarchie, Ms Pennicuik, #Mrs Petrovich, Mrs Peulich, Mr Scheffer, #Mr Tarlamis, Mr Tee and Ms Tierney. Legal and Social Issues Legislation Committee — Ms Crozier, Mr Elasmar, #Mr Elsbury, Ms Hartland, Ms Mikakos, Mr O’Brien, Mr O’Donohue, Mrs Petrovich, #Mr Ramsay and Mr Viney. Legal and Social Issues References Committee — Ms Crozier, Mr Elasmar, #Mr Elsbury, Ms Hartland, Ms Mikakos, Mr O’Brien, Mr O’Donohue, Mrs Petrovich, #Mr Ramsay and Mr Viney. # Participating member
Joint committees
Dispute Resolution Committee — (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. Drugs and Crime Prevention Committee — (Council): Mr Leane, Mr Ramsay and Mr Scheffer. (Assembly): Mr Battin and Mr McCurdy. Economic Development and Infrastructure Committee — (Council): Mrs Peulich. (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. Education and Training Committee — (Council): Mr Elasmar and Ms Tierney. (Assembly): Mr Crisp, Ms Miller and Mr Southwick. Electoral Matters Committee — (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. (Assembly): Ms Ryall and Mrs Victoria. Environment and Natural Resources Committee — (Council): Mr Koch. (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. Family and Community Development Committee — (Council): Mrs Coote and Ms Crozier. (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. House Committee — (Council): The President (ex officio) Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis.. (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. Law Reform Committee — (Council): Mrs Petrovich. (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. Outer Suburban/Interface Services and Development Committee — (Council): Mrs Kronberg and Mr Ondarchie. (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. Public Accounts and Estimates Committee — (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. Road Safety Committee — (Council): Mr Elsbury. (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. Rural and Regional Committee — (Council): Mr Drum. (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. Scrutiny of Acts and Regulations Committee — (Council): Mr O’Brien and Mr O’Donohue. (Assembly): Mr Brooks, Ms Campbell, Mr Gidley, Mr Nardella and Mr Watt.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-SEVENTH PARLIAMENT — FIRST SESSION
President: The Hon. B. N. ATKINSON Deputy President: Mr M. VINEY Acting Presidents: Ms Crozier, Mr Eideh, Mr Elasmar, Mr Finn, Mr O’Brien, Ms Pennicuik, Mr Ramsay, Mr Tarlamis Leader of the Government: The Hon. D. M. DAVIS Deputy Leader of the Government: The Hon. W. A. LOVELL Leader of the Opposition: Mr J. LENDERS Deputy Leader of the Opposition: Mr G. JENNINGS Leader of The Nationals: The Hon. P. R. HALL Deputy Leader of The Nationals: Mr D. DRUM
Member Region Party Member Region Party Atkinson, Hon. Bruce Norman Eastern Metropolitan LP Leane, Mr Shaun Leo Eastern Metropolitan ALP Barber, Mr Gregory John Northern Metropolitan Greens Lenders, Mr John Southern Metropolitan ALP Broad, Ms Candy Celeste Northern Victoria ALP Lovell, Hon. Wendy Ann Northern Victoria LP Coote, Mrs Andrea Southern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Crozier, Ms Georgina Mary Southern Metropolitan LP O’Brien, Mr David Roland Joseph Western Victoria Nats Dalla-Riva, Hon. Richard Alex Gordon Eastern Metropolitan LP O’Donohue, Mr Edward John Eastern Victoria LP Darveniza, Ms Kaye Mary Northern Victoria ALP Ondarchie, Mr Craig Philip Northern Metropolitan LP Davis, Hon. David McLean Southern Metropolitan LP Pakula, Hon. Martin Philip Western Metropolitan ALP Davis, Mr Philip Rivers Eastern Victoria LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin Northern Victoria Nats Petrovich, Mrs Donna-Lee Northern Victoria LP Eideh, Mr Khalil M. Western Metropolitan ALP Peulich, Mrs Inga South Eastern Metropolitan LP Elasmar, Mr Nazih Northern Metropolitan ALP Pulford, Ms Jaala Lee Western Victoria ALP Elsbury, Mr Andrew Warren Western Metropolitan LP Ramsay, Mr Simon Western Victoria LP Finn, Mr Bernard Thomas C. Western Metropolitan LP Rich-Phillips, Hon. Gordon Kenneth South Eastern Metropolitan LP Guy, Hon. Matthew Jason Northern Metropolitan LP Scheffer, Mr Johan Emiel Eastern Victoria ALP Hall, Hon. Peter Ronald Eastern Victoria Nats Somyurek, Mr Adem South Eastern Metropolitan ALP Hartland, Ms Colleen Mildred Western Metropolitan Greens Tarlamis, Mr Lee Reginald South Eastern Metropolitan ALP Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Tee, Mr Brian Lennox Eastern Metropolitan ALP Koch, Mr David Frank Western Victoria LP Tierney, Ms Gayle Anne Western Victoria ALP Kronberg, Mrs Janice Susan Eastern Metropolitan LP Viney, Mr Matthew Shaw Eastern Victoria ALP
CONTENTS
TUESDAY, 27 MARCH 2012 ADJOURNMENT Trafalgar: abattoir closure...... 1680 JAMES ‘JIM’ STYNES, OAM ...... 1641 Wind farms: government initiatives ...... 1681 ROYAL ASSENT...... 1641 High Street Road, Wantirna: upgrade ...... 1681 Hampton Park: community renewal project...... 1681 QUESTIONS WITHOUT NOTICE Planning: Freshwater Place...... 1682 Nurses: enterprise bargaining ...... 1641, 1642 Regional Rail Link Authority: West Footscray Automotive industry: government support ...... 1643 footbridges ...... 1682 Hazardous waste: management...... 1643, 1645 Maltese Association Hobsons Bay: funding...... 1683 Carbon tax: Ambulance Victoria...... 1645 Victorian volunteer small grants program: Mildura Base Hospital: future...... 1647 closure...... 1683 Housing: work and learning centres ...... 1648 Melbourne City Council: elm trees ...... 1684 Victorian cancer plan: funding...... 1648, 1649 Responses...... 1684 Skills training: federal funding ...... 1649 Bendigo hospital: future...... 1650 Information and communications technology: WEDNESDAY, 28 MARCH 2012 government initiatives...... 1651 REVIEW OF CLIMATE CHANGE ACT 2010 RULINGS BY THE CHAIR Government response...... 1651 Auditor-General: information leak ...... 1687 SCRUTINY OF ACTS AND REGULATIONS JOINT SITTING OF PARLIAMENT COMMITTEE Victorian Responsible Gambling Statute Law Revision Bill 2012...... 1651 Foundation...... 1687, 1758, 1765 Statute Law Repeals Bill 2012...... 1651 BUSINESS OF THE HOUSE Alert Digest No. 5...... 1651 Statements on reports and papers ...... 1687 PAPERS...... 1651 COMMUNITY VISITORS PRODUCTION OF DOCUMENTS...... 1652 Report 2010–11...... 1687 NOTICES OF MOTION...... 1652 LAW REFORM COMMITTEE BUSINESS OF THE HOUSE Access by donor-conceived people to General business ...... 1652 information about donors...... 1687 MEMBERS STATEMENTS PAPERS...... 1689 Shrine of Remembrance: parliamentary visit...... 1653 MEMBERS STATEMENTS Greek Independence Day...... 1653 Health sector: enterprise bargaining...... 1689 Communications towers: Western Victoria Ouyen P–12 College: building program...... 1689 Region constituent...... 1653 Goulburn River High Country Rail Trail: Niddrie electorate: by-election ...... 1654 horseriders...... 1690 James ‘Jim’ Stynes, OAM ...... 1654, 1656 Rail: Cardinia Road station ...... 1690 Pope Shenouda III...... 1654 Shri Swaminarayan Mandir, Mill Park: Mental health: advice line...... 1655 consecration...... 1690 Anglesea: men’s shed...... 1655 Stuart Lloyd...... 1691 Racing: regional track safety...... 1655 Shire of Yarra Ranges: cabinet meeting ...... 1691 Gaye Tripodi and Yvonne Jennings...... 1656 Greek Independence Day ...... 1691 Carbon tax: economic impact...... 1656 Yooralla: RIDE program...... 1692 Anzac Day: centenary...... 1656 National Playgroup Week...... 1692 LEGAL PROFESSION AND PUBLIC NOTARIES Epilepsy: Purple Day...... 1692 AMENDMENT BILL 2012 DOROTHY DIX QUESTIONS: ELECTION Second reading...... 1657 COMMITMENT ...... 1693, 1719 Third reading...... 1666 QUESTIONS WITHOUT NOTICE WILLS AMENDMENT (INTERNATIONAL WILLS) GM Holden: government assistance ...... 1710, 1711 BILL 2011 Housing: former government performance ...... 1711 Second reading...... 1666 Wind farms: government policy ...... 1713 Referral to committee...... 1678 Carbon tax: health sector...... 1713 JOINT SITTING OF PARLIAMENT Industrial relations: minimum wage ...... 1714 Victorian Responsible Gambling Foundation...... 1678 Sunshine: Hampshire Square development ...... 1715 PORT BELLARINE TOURIST RESORT (REPEAL) Employment: construction industry...... 1715, 1716 BILL 2012 Exports: government initiatives...... 1716 Introduction and first reading...... 1679 Hazardous waste: management ...... 1717, 1718 Statement of compatibility...... 1679 Aviation industry: AIR 5428 project...... 1718 Second reading...... 1679 Answers ...... 1719
CONTENTS
SUSPENSION OF MEMBER ENVIRONMENT AND PLANNING REFERENCES Hon. M. P. Pakula...... 1713 COMMITTEE QUESTIONS ON NOTICE Reporting date...... 1771 Answers...... 1719 MEMBERS STATEMENTS PRODUCTION OF DOCUMENTS ...... 1727, 1747 Elwood: flood mitigation ...... 1773 Link Up: young parent support program ...... 1773 TRANSPORT (COMPLIANCE AND MISCELLANEOUS) AMENDMENT (FARES) National Ride2School Day ...... 1773 BILL 2012 Queensland: election result ...... 1773, 1774 Introduction and first reading...... 1727 Australian Football League: season start...... 1774 Statement of compatibility...... 1727 International Women’s Day...... 1774 Second reading...... 1727 Assisi Centre Aged Care: refurbishment...... 1774 Manufacturing: job losses ...... 1771 GREATER DANDENONG PLANNING SCHEME: AMENDMENT ...... 1727 Gowrie Street Primary School: student leaders...... 1771 Springvale Benevolent Society: Wes Eggleston WORKSAFE VICTORIA: PREMIUMS ...... 1740 community service award...... 1772 STATEMENTS ON REPORTS AND PAPERS Springvale Benevolent Society: 50th anniversary....1772 Auditor-General: Compliance with Building City of Casey: community events...... 1772 Permits ...... 1748 Cleaners: United Voice Clean Start campaign...... 1774 Review of Climate Change Act 2010: report...... 1749 WorkSafe Victoria: dividends...... 1774 Budget sector: midyear financial Senator Bob Brown: comments ...... 1775 report 2011–12...... 1750, 1754, 1757 Helen Davis...... 1775 Auditor-General: Melbourne Markets PORT BELLARINE TOURIST RESORT (REPEAL) Redevelopment ...... 1750, 1752 BILL 2012 Climate change and greenhouse gas emissions Second reading...... 1775 in Victoria: report ...... 1751 Committee ...... 1781 Budget update: report 2011–12...... 1753 Third reading ...... 1783 Auditor-General: Public Transport WATER AMENDMENT (GOVERNANCE AND Performance...... 1753 OTHER REFORMS) BILL 2012 Protecting Victoria’s Vulnerable Children Second reading...... 1784, 1793 Inquiry: report...... 1755 Committee ...... 1801 Review of Climate Change Act 2010: Third reading ...... 1803 government response ...... 1756 QUESTIONS WITHOUT NOTICE ADJOURNMENT GM Holden: government assistance ...... 1787 Department of Primary Industries: pig health Richmond: urban renewal project...... 1787 and research unit ...... 1758 Maternal and child health: government support .....1788 Barwon Valley School: recreation facilities...... 1759 Carbon tax: hospitals...... 1788 Sunbury: tertiary education facilities ...... 1759 Higher education: TAFE funding...... 1790 Victoria University: boatbuilding course ...... 1759 Learn Local: funding ...... 1790 Project Respect: funding...... 1760 WorkSafe Victoria: dividends...... 1791 Mentone: beach renourishment ...... 1761 Aviation industry: training services...... 1791 Wallan Secondary College: funding...... 1761 Budget: announcements...... 1792 Weather forecasting: Wimmera Southern Children: developmental dysplasia ...... 1792 Mallee region ...... 1761 DRUGS, POISONS AND CONTROLLED Responses ...... 1762 SUBSTANCES AMENDMENT (SUPPLY BY MIDWIVES) BILL 2012 Second reading...... 1803 THURSDAY, 29 MARCH 2012 Third reading ...... 1814 DISABILITY AMENDMENT BILL 2012 ABORIGINAL AFFAIRS TASKFORCE Indigenous affairs report 2010–11 ...... 1767 Introduction and first reading...... 1815 Statement of compatibility...... 1815 LEGAL AND SOCIAL ISSUES REFERENCES Second reading...... 1816 COMMITTEE Organ donation in Victoria...... 1767 ASSOCIATIONS INCORPORATION REFORM BILL 2011 PAPERS ...... 1771 Introduction and first reading...... 1817 BUSINESS OF THE HOUSE Statement of compatibility...... 1817 Adjournment...... 1771 Second reading...... 1822 STANDING COMMITTEES ACCIDENT COMPENSATION AMENDMENT Membership...... 1771 (REPAYMENTS AND DIVIDENDS) BILL 2012 Introduction and first reading...... 1825
CONTENTS
Statement of compatibility...... 1825 377. Tourism and major events: minister’s Second reading...... 1825 office — staff...... 1866 VICTORIAN INSPECTORATE AMENDMENT 380. Water: minister’s office — staff ...... 1868 BILL 2012 381. Women’s affairs: minister’s office — Introduction and first reading...... 1826 staff ...... 1871 Statement of compatibility...... 1826 387. Regional and rural development: Second reading...... 1830 minister’s office — public transport ADJOURNMENT tickets...... 1873 Toolangi Forest Education Centre: funding ...... 1832 394. Children and early childhood Port Phillip Bay: shipping safety...... 1833 development: minister’s office — Farming: safety initiatives ...... 1833 public transport tickets...... 1873 Sea View House, Portland: future ...... 1834 395. Community services: minister’s Sunbury: closed-circuit television cameras...... 1834 office — public transport tickets...... 1873 GM Holden: government assistance ...... 1834 407. Housing: minister’s office — public Police: Ballarat...... 1835 transport tickets...... 1874 Building Commission: consumer protection...... 1836 408. Innovation, services and small City of Kingston: waste management...... 1836 business: minister’s office — public Youth: body image ...... 1837 transport tickets...... 1874 Werribee employment precinct: development...... 1837 412. Mental health: minister’s office — Blackburn–Eley roads, Burwood East: public transport tickets...... 1874 pedestrian safety ...... 1838 424. Tourism and major events: minister’s Responses ...... 1838 office — public transport tickets...... 1874 428. Women’s affairs: minister’s office — public transport tickets...... 1874 WRITTEN ADJOURNMENT RESPONSES 469. Agriculture and food security: minister’s office — car parking TUESDAY, 27 MARCH 2012 spaces ...... 1875 470. Assistant-Treasurer: minister’s State Emergency Service: volunteers...... 1841 office — car parking spaces...... 1881 Horsham College: redevelopment...... 1842 472. Aviation industry: minister’s office — Planning: Point Cook...... 1842 car parking spaces ...... 1888 Employment: regional and rural Victoria...... 1843 473. Children and early childhood Community services: Child FIRST centres...... 1844 development: minister’s office — Ouyen P–12 College: funding ...... 1844 car parking spaces ...... 1894 Iluka Resources: Douglas mine...... 1845 476. Corrections: minister’s office — car Children’s services committee: membership...... 1845 parking spaces...... 1901 478. Education: minister’s office — car parking spaces...... 1907 WEDNESDAY, 28 MARCH 2012 479. Mental health: minister’s office — car parking spaces...... 1908 Department of Premier and Cabinet: catering ...... 1847 480. Multicultural affairs and citizenship: minister’s office — car parking spaces ...... 1914 QUESTIONS ON NOTICE 486. Establishment of an anti-corruption commission: minister’s office — car WEDNESDAY, 28 MARCH 2012 parking spaces...... 1921 340. Regional and rural development: 490. Technology: minister’s office — car minister’s office — staff...... 1849 parking spaces...... 1927 347. Children and early childhood 493. Water: minister’s office — car parking development: minister’s office — spaces ...... 1934 staff...... 1851 494. Women’s affairs: minister’s office — 348. Community services: minister’s car parking spaces ...... 1940 office — staff...... 1854 495. Youth affairs: minister’s office — car 355. Environment and climate change: parking spaces...... 1947 minister’s office — staff...... 1856 1318. Education: capital works — Bruthen 361. Innovation, services and small Primary School...... 1954 business: minister’s office — staff...... 1858 1319. Education: capital works — Buchan 365. Mental health: minister’s office — staff.....1861 Primary School...... 1954 371. Regional cities: minister’s office — 1320. Education: capital works — Buckley staff...... 1863 Park College...... 1954
CONTENTS
1321. Education: capital works — Bullarto 1350. Education: capital works — Primary School...... 1955 Carranballac P–9 College...... 1968 1322. Education: capital works — Bundoora 1351. Education: capital works — Primary School...... 1955 Carraragarmungee Primary School.....1969 1323. Education: capital works — Bundoora 1352. Education: capital works — Secondary College...... 1956 Carrington Primary School ...... 1969 1324. Education: capital works — Bungaree 1353. Education: capital works — Carrum Primary School...... 1956 Downs Primary School ...... 1970 1325. Education: capital works — Buninyong 1354. Education: capital works — Carrum Primary School...... 1957 Downs Secondary College...... 1970 1326. Education: capital works — Burwood 1355. Education: capital works — Carrum East Primary School...... 1957 Primary School...... 1971 1327. Education: capital works — Burwood 1356. Education: capital works — Carwatha East Special Developmental School...... 1958 College P–12 ...... 1971 1328. Education: capital works — Buxton 1357. Education: capital works — Primary School...... 1958 Castlemaine North Primary School...... 1972 1329. Education: capital works — Cairnlea 1358. Education: capital works — Park Primary School ...... 1959 Castlemaine Primary School ...... 1972 1330. Education: capital works — 1359. Education: capital works — Caledonian Primary School...... 1959 Castlemaine Secondary College ...... 1972 1331. Education: capital works — California 1360. Education: capital works — Caulfield Gully Primary School...... 1960 South Primary School ...... 1973 1332. Education: capital works — 1361. Education: capital works — Ceres Camberwell High School ...... 1960 Primary School...... 1973 1333. Education: capital works — 1362. Education: capital works — Chalcot Camberwell Primary School...... 1960 Lodge Primary School ...... 1974 1334. Education: capital works — 1363. Education: capital works — Charlton Camberwell South Primary School...... 1961 College...... 1974 1335. Education: capital works — 1364. Education: capital works — Chatham Cambridge Primary School...... 1961 Primary School...... 1975 1336. Education: capital works — Camelot 1365. Education: capital works — Chelsea Rise Primary School...... 1962 Heights Primary School...... 1975 1337. Education: capital works — Camp Hill 1366. Education: capital works — Chelsea Primary School...... 1962 Primary School...... 1976 1338. Education: capital works — 1367. Education: capital works — Campbellfield Heights Primary Cheltenham East Primary School...... 1976 School...... 1963 3564. Health: ambulance services — heroin 1339. Education: capital works — Campbells overdoses ...... 1977 Creek Primary School ...... 1963 6648. Finance: Affairs of State...... 1977 1340. Education: capital works — Canadian 6649. Finance: Allygroup...... 1978 Lead Primary School...... 1964 6650. Finance: AusAccess Unit Trust...... 1978 1341. Education: capital works — Cann 6651. Finance: Australian Public Affairs River P–12 College...... 1964 Partnership Ltd...... 1978 1342. Education: capital works — 6652. Finance: Baber Roger Peters ...... 1979 Canterbury Girls Secondary 6653. Finance: Barton Deakin...... 1979 College ...... 1965 6654. Finance: Berkeley Consultants Pty Ltd .....1979 1343. Education: capital works — 6655. Finance: Bluegrass Consulting...... 1980 Canterbury Primary School ...... 1965 6656. Finance: Burson-Marsteller...... 1980 1344. Education: capital works — Cape 6657. Finance: CamCom-Campaign Clear Primary School...... 1966 Communications...... 1980 1345. Education: capital works — Cardinia 6658. Finance: Cameron Milner ...... 1981 Primary School...... 1966 6659. Finance: Cannings Corporate 1346. Education: capital works — Cardross Communications...... 1981 Primary School...... 1966 6660. Finance: Carney Associates...... 1981 1347. Education: capital works — 6661. Finance: Chris Schacht...... 1982 Carisbrook Primary School ...... 1967 6662. Finance: Clean Economy Services ...... 1982 1348. Education: capital works — Carlisle 6663. Finance: Clifton Consulting Services River Primary School ...... 1967 Pty Ltd...... 1982 1349. Education: capital works — Carnegie 6664. Finance: Corporate Words Australia Primary School...... 1968 Pty Ltd...... 1983
CONTENTS
6665. Finance: Cosway Australia...... 1983 6711. Finance: Melbourne Public Relations 6666. Finance: Cox Inall Communications ...... 1983 Group...... 1998 6667. Finance: CPI Strategic...... 1984 6712. Finance: Michael Kelly...... 1999 6668. Finance: CPR Communications and 6713. Finance: MPR ...... 1999 Public Relations Pty Ltd...... 1984 6714. Finance: Next Generation Thinking ...... 1999 6669. Finance: CSR Ltd ...... 1984 6715. Finance: Numbat Consulting...... 2000 6670. Finance: Dan Cass and Company ...... 1985 6716. Finance: Paris Walter Pty Ltd...... 2000 6671. Finance: Daskay Pty Ltd...... 1985 6717. Finance: Parker and Partners Pty Ltd ...... 2000 6672. Finance: Daymark Public Relations 6718. Finance: Pesel and Carr...... 2001 Pty Ltd...... 1985 6719. Finance: Phoenix Public Affairs...... 2001 6673. Finance: Diplomacy Pty Ltd ...... 1986 6720. Finance: Place Consultancy...... 2001 6674. Finance: EC Strategies Pty Ltd...... 1986 6721. Finance: Porter Novelli ...... 2002 6675. Finance: Edunity ...... 1986 6722. Finance: Primary Communication Pty 6676. Finance: Embark Worldwide Ltd...... 2002 Consulting...... 1987 6723. Finance: Profile Management 6677. Finance: Endeavour Consulting Group Consultants Pty Ltd...... 2002 Pty Ltd...... 1987 6724. Finance: Public Affairs Network Pty 6678. Finance: Enhance Corporate Pty Ltd...... 1987 Ltd...... 2003 6679. Finance: Essential Media 6725. Finance: Public Relations Exchange Communications...... 1988 Pty Ltd ...... 2003 6680. Finance: FIPRA Australia Pty Ltd...... 1988 6726. Finance: RedStick Strategic 6681. Finance: G and A Commercial Communications...... 2003 Services Pty Ltd ...... 1988 6727. Finance: Relate Technical 6682. Finance: G. F. Richardson...... 1989 Communications Pty Ltd...... 2004 6683. Finance: Galbraith and Company Pty 6728. Finance: Reputation Pty Ltd...... 2004 Ltd ...... 1989 6729. Finance: Res Publica ...... 2004 6684. Finance: Gell Southam Group Pty Ltd ...... 1989 6730. Finance: Richardson Coutts Pty Ltd ...... 2005 6685. Finance: Government Relations 6731. Finance: Royce (Vic) Pty Ltd...... 2005 Australia Advisory Pty Ltd ...... 1990 6732. Finance: SAS Group ...... 2005 6686. Finance: Government Relations 6733. Finance: Shac Pty Ltd...... 2006 Solutions Pty Ltd...... 1990 6734. Finance: Shelly Freeman Consultant ...... 2006 6687. Finance: Hawker Britton...... 1990 6735. Finance: Socom Pty Ltd...... 2006 6688. Finance: Hill and Knowlton...... 1991 6736. Finance: Statecraft Pty Ltd ...... 2007 6689. Finance: HTT Trust...... 1991 6737. Finance: Strategic Advice Australia 6690. Finance: Hugo Halliday Pty Ltd...... 1991 Pty Ltd ...... 2007 6691. Finance: InsideOut Strategic ...... 1992 6738. Finance: Strategic Partnership Group...... 2007 6692. Finance: InterCapital Group Pty Ltd ...... 1992 6739. Finance: The Agenda Group Pty Ltd...... 2008 6693. Finance: Intermediary Consulting Pty 6740. Finance: The Civic Group Pty Ltd ...... 2008 Ltd ...... 1992 6741. Finance: The Strategic Counsel...... 2008 6694. Finance: Ivydale Nominees Pty Ltd ...... 1993 6742. Finance: The Trustee for the S and L 6695. Finance: Jackson Wells Pty Ltd...... 1993 Santoro Family Trust ...... 2009 6696. Finance: Jeni Coutts and Associates 6743. Finance: Wilkinson Group...... 2009 Pty Ltd...... 1993 8151. Energy and resources: CarbonNet 6697. Finance: John Connolly and Partners program — HRL funding...... 2009 Pty Ltd...... 1994 8162. Water: Northern Victoria Irrigation 6698. Finance: John Cook ...... 1994 Renewal Project — Benjeroop...... 2010 6699. Finance: John Martin McQuilten ...... 1994 8163. Water: Goulburn-Murray Water — 6700. Finance: Kenneth Gordon Betts...... 1995 irrigation services ...... 2010 6701. Finance: KPMG ...... 1995 8165. Water: irrigation — Benjeroop...... 2010 6702. Finance: Kreab Gavin Anderson 8166. Water: voluntary buyback scheme — (Australia) Ltd ...... 1995 Benjeroop ...... 2011 6703. Finance: LESL Services Pty Ltd...... 1996 8167. Water: voluntary buyback scheme — 6704. Finance: LK Creative...... 1996 Benjeroop ...... 2012 6705. Finance: Manallack Pty Ltd...... 1996 8168. Water: voluntary buyback scheme — 6706. Finance: Markstone Group Pty Ltd...... 1997 Benjeroop ...... 2012 6707. Finance: Marshall Place Associates 8181. Employment and industrial relations: Pty Ltd...... 1997 General Mills Australia — East 6708. Finance: Martin Jones ...... 1997 Bendigo factory ...... 2013 6709. Finance: Max Jackson and Associates ...... 1998 6710. Finance: Media Affairs...... 1998
CONTENTS
8216. Police and emergency services: police — Ballarat office accommodation...... 2013 8217. Police and emergency services: police — Ballarat vehicles...... 2013 8228. Attorney-General: security incidents — Ballarat court complex...... 2013 8230. Higher education and skills: TAFE funding ...... 2014 8231. Higher education and skills: vocational education and training — private providers ...... 2015 8236. Public transport: rail — Williams Landing station ...... 2016
MEMBERS INDEX...... i
JAMES ‘JIM’ STYNES, OAM
Tuesday, 27 March 2012 COUNCIL 1641
Tuesday, 27 March 2012 anybody else with a 3-minute delay on a meeting would have been looking around the room at the scenery or at The PRESIDENT (Hon. B. N. Atkinson) took the who else was in the room. But not Jim Stynes; he chair at 2.03 p.m. and read the prayer. would not waste a minute. He actually sat there writing one of his books. Maybe he had a bit of an inkling that his life was not going to be a long one. It was not, but it JAMES ‘JIM’ STYNES, OAM was certainly a life that left a significant impression on many people. The PRESIDENT — On this day I am going to call members to their feet for a minute’s silence in respect It is true that no-one in the history of the AFL, and I of the late Jimmy Stynes. James Stynes, who we all dare say in the community, particularly in respect of know as either Jim or Jimmy, and who was the holder, those who deal with young people, has ever walked as as members would be aware, of a Medal of the Order of tall as Jim Stynes. We all strive to do our best in the Australia, passed away on 20 March at the age of 45, community, and he is one of the people who inspires us which was way too young for a man of his ability and as he inspired so many other people right across the inspiration. His passing is a great loss to everyone. community.
The football story of Jim Stynes is a remarkable one, On this occasion, following his state funeral this covering 264 games with the Melbourne Football Club morning, I am sure I speak on behalf of all members between 1987 and 1998 and including the highest when I say our thoughts and prayers are very much honour for a player in the game — that is, winning the with his wife, Samantha, his children, Matisse and Brownlow Medal for best and fairest player, which Jim Tiernan, his parents, Brian Stynes and Teresa Davy, the did in 1991. Jim Stynes had been a promising Gaelic rest of the Stynes family and all those in his extensive football player back in his home country, the Republic coterie of friends. He built many very strong of Ireland. He was brought to Australia as a very young relationships with people right across the community, man, at age 18, in an extraordinary and audacious far beyond the football club which he loved so dearly experiment, the architect of which was Ron Barassi, to and which he came back in recent times to be president see if some Irish footballers could be recruited to our of. game. Jim Stynes and a compatriot of his, Sean Wight, established themselves as two of the finest footballers I ask members to join with me and stand, as a tribute, in Melbourne Football Club’s history, and Stynes went for a minute’s silence in memory of Jim Stynes. on to become a legend of the game, as we know. Both men were total novices to our game but distinguished Honourable members stood in their places. themselves well.
Whilst Jim Stynes was recognised for his football ROYAL ASSENT ability and what he achieved on the field, the state funeral accorded him this morning was more a tribute Message read advising royal assent on 20 March to: to the things he did in his adopted country and Building Amendment Act 2012 community. This man, using his skills and celebrity as Carers Recognition Act 2012 an AFL footballer, went on to establish one of the very City of Melbourne Amendment (Environmental important organisations that deals with young people, Upgrade Agreements) Act 2012 particularly young people who are at risk or experiencing troubles in our community. Jim was Control of Weapons and Firearms Acts extraordinary in terms of the inspiration he provided to Amendment Act 2012 so many people through his work in schools and the Independent Broad-based Anti-corruption community and in speaking at so many engagements. Commission Amendment (Investigative Functions) Act 2012. I knew Jim very well — not as well, obviously, as many of the people who were at St Paul’s Cathedral this morning — and on one occasion he came to this QUESTIONS WITHOUT NOTICE place and I had a meeting with him. He was upstairs in the dining room waiting for me. I was 3 minutes late to Nurses: enterprise bargaining the meeting because I got waylaid by somebody on the Mr JENNINGS (South Eastern Metropolitan) — way. Jim was sitting there writing in a notebook — My question is to the Minister for Health. I ask the writing one of his books. It occurred to me that minister: after the conclusion, or close to the
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1642 COUNCIL Tuesday, 27 March 2012 conclusion, of the enterprise bargaining negotiations Hon. D. M. DAVIS — Just wait patiently, with nurses which involved a dispute between the Mr Pakula, and I will explain where the situation is at government and the ANF (Australian Nursing the moment. Federation) running for over 120 days, can the minister outline to the Parliament and, very importantly, to the Let me be clear here: this is within government wages Victorian community the nature of the so-called policy — a 2.5 per cent salary outcome, with additional productivity improvements that he negotiated with benefits for nurses that have been negotiated against nurses in their enterprise bargaining agreement (EBA), productivity offsets. I indicate that the enterprise and also what the costs are to the budget contained bargaining agreement, the document, has been worked within the agreement? through between the ANF and the VHIA. They are at present consulting with their stakeholders and will Hon. D. M. DAVIS (Minister for Health) — I thank release the document very soon. The government has the member for his question and indicate that there was taken the view through the conciliation process that it a long-running dispute with the ANF union. The respects that and respects the positions of the respective government and the Victorian Hospitals Industrial parties to the negotiation. Mr Jennings will have to wait Association (VHIA) were prepared to negotiate. I want just a tiny little bit longer, and he will see the details of to pay tribute, in the first instance, to the work of a fully negotiated enterprise bargaining agreement. Commissioner Gooley, who did very good work in bringing the parties together over a lengthy period. This I make the point that under the last government the was a slow process, which I think the community will EBA was not fully funded, and health services were understand; I think the community will also understand clobbered by additional costs. They were clobbered by that we have achieved a good result. The result will be additional costs that were unfunded. They were good for Victorians; it will be good for taxpayers — — required to pick up the additional costs out of their budget. That is not the case with this deal. This deal Hon. M. P. Pakula interjected. will be fully funded. This deal will be a set of arrangements that will put Victorian nursing in a good Hon. D. M. DAVIS — I am telling you. It will be position and also put taxpayers and Victorian patients in good for taxpayers; it will be good for the nursing a strong position. This is a deal that is good for federation and nurses across the state. There will be taxpayers, good for nurses and good for our health additional benefits to strengthen the professionalism of system. It is a deal that has been negotiated within nurses. There will also be additional productivity government wages policy and with productivity offsets. offsets. The arrangements are within budget. Supplementary question Mr Jennings interjected. Mr JENNINGS (South Eastern Metropolitan) — Hon. D. M. DAVIS — Just be patient, Mr Jennings. The minister actually turned me into a fortune teller in I am giving you a very complete and full answer, and relation to the fact that I knew he was not going to give you should be very calm and relaxed. me any details, as I interjected, which he did not, and he asked me to ask him subsequent questions to get any Mr Jennings — If you can give me one detail in details. Where I was wrong was that he spoke for only 4 minutes, I’ll be amazed. 1 3 ⁄2 minutes, as distinct from 4 minutes. Now the Hon. D. M. DAVIS — Would you like me to go for minister might be a good fortune teller because my 4 minutes, would you? I can do that if that would — — supplementary question relates to the nature of the budget allocations to fund the nurses EBA. Given that Mr Jennings — You will. he failed to reduce nurse numbers as he had originally intended, will he make other savings in the hospital Hon. D. M. DAVIS — This is a good deal for sector to pay for the fact that he did not reduce the Victorians; it is a good deal for nurses; it is a good deal nurses workforce, as he had sought to do at the for taxpayers. It is within the government’s wages beginning of the negotiations? envelope and arrangements of 2.5 per cent plus productivity. There are significant productivity offsets The PRESIDENT — Order! I will allow the that have been negotiated. question, but I must say that it does stray a fair way in terms of being a supplementary. In terms of the Hon. M. P. Pakula — And they are? responsiveness of the minister to the original question, I think it bends it a fair way.
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Hon. D. M. DAVIS (Minister for Health) — The designers secure more work in GMH’s global supply premise of the member’s question is wrong. The chain. Beyond that, we will continue to press for government and VHIA at no point sought to reduce the commitments from the commonwealth and the number of nurses. We have always envisaged that there company on next generation technologies for the would be more nurses in the system as we went engine plant at Fishermans Bend. forward, and indeed there will be more nurses as we go forward, so the basis or premise that the member begins Honourable members interjecting. with is quite wrong. The PRESIDENT — Order! I am sure Mr Pakula Automotive industry: government support can discuss with the whip the importance of the question that he keeps putting by way of interjection Mr KOCH (Western Victoria) — My question and perhaps get it on the record. If he cannot achieve without notice is to the Minister for Employment and that, perhaps Mr Somyurek might be able to get one of Industrial Relations, and I ask: can the minister inform his interjection questions on the record by going the house of any recent developments with major through the whip rather than via a shouting match. The automotive manufacturers here in Victoria? minister to continue.
Hon. R. A. DALLA-RIVA (Minister for Hon. R. A. DALLA-RIVA — Unlike those Employment and Industrial Relations) — I am thankful opposite, we understand the importance of design and to the member, who has a strong interest in the research development. We understand the importance automotive sector and the connection it has to of the supply chains. Many of the supply chains are employment in Victoria. The Victorian government small family companies, but they need to transform worked very hard with the commonwealth government themselves so they are able to compete in selling parts and GM Holden (GMH) to negotiate a package to keep to local producers and also through the global auto this leading manufacturer, Holden, operating in supply chain and to other areas like defence, aerospace Australia and to sustain vital elements of the et cetera. However, they all need some help, and that is automotive industry in Victoria. It is important that why we stand by the industry during this period of Holden is here to stay as a manufacturer. The global transformation. industry is going through some big changes, with China, India and other high-volume producers coming Ours is a modest, responsible and tightly targeted on stream in a very significant way. contribution. We recognise that it is a highly competitive global industry, yet it is aimed at producing In January we announced, as members would know, a the best possible outcome for automotive joint agreement with the commonwealth and Ford to manufacturing in Victoria and for the businesses that secure the future of Fords operations at Geelong and supply the industry. Broadmeadows through until at least 2016. We are already starting to see the benefits. I remind those Honourable members interjecting. opposite that the Australian-built Ford Territory SUV Hon. R. A. DALLA-RIVA — To counter those will feature at the Ford stand at this week’s members opposite who are yelling, I refer to an article 33rd Bangkok International Motor Show. This will in the Australian Financial Review about Labor’s showcase the Territory; but it is not just a Territory, it is employment spokesman, Tim Pallas, the member for a seven-seater. It has seven seats, and that is fantastic. Tarneit in the Assembly, who, rather than supporting The Ford company expects an enthusiastic reaction our efforts to secure GMH design and engineering, was from the Thai public for this seven-seater, which will out there generating what you could only class as hopefully signal great future opportunities for the ill-informed speculation about Holden designers Territory in growing markets. moving to Adelaide. There he was quoted on page 7 of Likewise, we made the commitment to ensure that the AFR as talking about sending manufacturing jobs to GMH in Victoria could compete successfully with the the only Labor state left on the mainland. It only goes to world’s best. In our discussions with the company and prove that the commitment of Mr Pallas and his the commonwealth we have focused on ensuring that colleagues to Victorian jobs and industry runs a very Victoria maintains its edge in key capabilities like poor second to their allegiance to their Labor mates. design and engineering. We have proposed a substantial financial commitment towards securing the future of Hazardous waste: management the design and engineering centre at Fishermans Bend, Mr BARBER (Northern Metropolitan) — My and part of this package will see GMH engineers and question is to the Minister for Planning. If Mr Guy
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1644 COUNCIL Tuesday, 27 March 2012 remembers his history, he will know that from the time Hon. M. J. GUY — Mr Barber will indeed get an of the proposed Werribee toxic dump, which was part answer to his question as I proceed with it. of the downfall of the Kennett government, to the time of the proposed Nowingi toxic dump, which was part of The PRESIDENT — Order! I ask Mr Guy to the downfall of the Brumby government, there has been withdraw the comment. a very long and difficult community campaign and dialogue around the long-term plan for the treatment of Hon. M. J. GUY — I withdraw; I apologise. hazardous wastes. After an extensive process, the Mr Finn — He is not a John? Hazardous Wastes Siting Advisory Committee came up with guidelines for buffers of 200 metres for a primary Hon. M. J. GUY — Good point, Mr Finn. As I was exclusion zone and 2000 metres for a secondary saying, the key issue in relation to the exclusion zone. There is no doubt that in the case of C125 amendment, which I note is listed for debate amendment C125 those buffers have been abandoned tomorrow — — and have also been significantly reduced at the Innova site in Altona and the Renex site in Dandenong South. I Mr Leane interjected. am sure that those communities and many other communities would like to know whether the original Hon. M. J. GUY — I was going to take Mr Leane’s buffers recommended by the Hazardous Waste Siting interjection on numbers and make reference to certain Advisory Committee have now been abandoned for any numbers, but I will leave that one. The key issue with future proposals. the facility that is being permitted in the city of Greater Dandenong is that if it is not to go in the facility that is Hon. M. J. GUY (Minister for Planning) — designated, where else would the Greens — or indeed Mr Barber is quite right. I do know my history very the Labor Party, from its comments in the local well, and, like Mr Dalla-Riva, I watched it being made paper — like me to put it? Should I put it in Eltham? on the weekend. I wonder how Mr Barber — — Mr Somyurek — In an industrial 1 zone. Mr Lenders interjected. Hon. M. J. GUY — Is Mr Somyurek suggesting Hon. M. J. GUY — How is that carbon tax going, Tullamarine? Is that Labor policy now — Tullamarine? John? How is that carbon tax going for you? It is Is that Greens policy? Or it could be left on the building working well. sites where it is taken from, in the outer urban growth areas. Is that the policy of the intellectual left, which The PRESIDENT — Order! I can understand the stands opposite us on this side of the chamber? enthusiasm of some for Saturday’s result and the — — I simply say that there is an issue that needs to be Mr Leane — The Storm. solved, and this government is going to get on with solving it. However, it is not going to come at the The PRESIDENT — Order! That was a good expense of creating a vast number of new sites across result — Billy Slater is doing very well. I think he can the metropolitan area, which is clearly what is now take the Dally M Medal now. being advocated by those opposite and the Australian I also understand that the opposition might well want to Greens. If the Australian Greens or the Australian defend its circumstances. Therefore today could well be Labor Party want to find alternative places to put a period of some heightened emotions in this chamber. industrial waste that is being taken, in some cases As you know, I am not keen to see that sort of activity naturally — natural waste — out of the ground, then in here. As an absolute bottom line, as has been the they may make a suggestion to me very quickly. Do position of previous presiding officers, I am not they suggest the western suburbs? Caroline Springs? prepared to have members of this house referred to by Werribee? their first names, particularly in the context where it is Ms Broad — Fix it! thought to be a disparaging remark. Hon. M. J. GUY — I am fixing it, Ms Broad. That I ask that Mr Guy withdraw his reference to is the point. I take up your interjection. I am fixing it, Mr Lenders in the way that he made it and that he and you are opposing the fix. If you want to be a return to the question that Mr Barber asked. Mr Barber loudmouth about it and if you have an opinion about it, has certainly not participated in the subsequent debate, then why do you not give me an alternative? But I do and I think he is awaiting an answer to his question. not have an alternative. I have fixed it, Mr Jennings.
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Tuesday, 27 March 2012 COUNCIL 1645
You can do your plays at Trades Hall Council, but I Mr Somyurek interjected. fixed it, friend! Hon. M. J. GUY — Why does he hate Macleod? Those opposite are opposing it. If the Labor Party Why does Mr Somyurek hate the northern suburbs? I wants to put toxic waste through the outer urban areas say clearly: the Baillieu government has found a of Melbourne, that is a very interesting suggestion. We solution; the opposition just wants to create more have a facility that has been approved for class A waste problems. and has been ticked off by the relevant authorities. This government has solved the problem. We will not see Carbon tax: Ambulance Victoria that material sitting in growth areas, which is clearly what the Labor Party and, by way of obvious support, Mr O’DONOHUE (Eastern Victoria) — My the Greens want to happen. question is to the Minister for Health, who is also the Minister for Ageing. I ask: can the minister inform the Supplementary question house of the impact of the commonwealth government’s carbon tax on Ambulance Victoria? Mr BARBER (Northern Metropolitan) — I am in some difficulty, because it was an extraordinarily Hon. D. M. DAVIS (Minister for Health) — I thank argumentative answer. What I was really asking the the member for his question and for his interest in minister was: by what criteria would he select future Ambulance Victoria. As many in this chamber will sites? And there will be such future proposals coming know, I am increasingly concerned about the impact of forward. We are quite clear that the work of the the commonwealth carbon tax on health services in Hazardous Waste Siting Advisory Committee should Victoria. I particularly want to draw the house’s be retained, not abandoned, and that is why I am keen attention to table 5 in the commonwealth government’s to find out from the minister what other facilities he is papers that relate to treatment of transport. currently considering that might also fail, if you like, the buffer zone test put forward by that committee, Mr Barber — Where’s your health report? which had to do its work under such extraordinary Hon. D. M. DAVIS — Just wait patiently! I am difficulty and which, from our point of view, had going to give some of it now, so just wait patiently. actually reached a resolution. That is where we are going. Table 5 talks about aviation Hon. M. J. GUY (Minister for Planning) — I fuels, and it states: understand Mr Barber is inviting me to suggest other As fuel tax credits are not available for aviation fuels, sites. I simply say I am not suggesting or thinking of domestic aviation fuel excise will be increased by an amount other locations — in fact quite to the contrary. By way equivalent to the effect of placing the carbon price on aviation of what Mr Barber says was argumentativeness and fuel in order to provide an effective carbon price for aviation. what I say was being responsive to an interjection Changes to aviation excise will apply to fuels acquired after during my substantive question when I was asked, 1 July 2012. ‘Why don’t you fix it?’, I simply said this was a solution to a problem that is obviously in existence Mr Barber pointed to studies I had undertaken, and I around the metropolitan area. will indicate that the total aviation — —
Mr Barber — So this is the site to end all, is it? Mr Barber — Table it!
Hon. M. J. GUY — If the Greens would like to Hon. D. M. DAVIS — Just be patient! I am going suggest Brunswick — — to give it bit by bit. Total aviation fuel was reported as 3270 kilolitres per annum. This was held to be flat Mr Barber interjected. across the forecast period — and I quote from the said study: Hon. M. J. GUY — If Mr Barber would like to suggest Northcote, or if he would like to suggest other The assumed energy density for aviation fuel was areas of the state — — 33.1 gigajoules per kilolitre, and the assumed emission factor was 72 kilograms per gigajoule for scope 1 emissions and 5.3 kilograms — — Mr Somyurek — Why do you hate the south-east? Hon. M. P. Pakula — On a point of order, Hon. M. J. GUY — Why does Mr Somyurek hate President, I draw your attention to order of the day 6, Northcote? Why does he hate Eltham and Yan Yean? ‘Carbon tax impact on health services’, and I ask you Why does Labor hate Ivanhoe?
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1646 COUNCIL Tuesday, 27 March 2012 for a ruling on whether the minister’s answer offends ambulance service is a particularly important service the provisions about anticipation. for country Victoria. I make the point that King Air B200C planes are under contract now to Air Hon. D. M. DAVIS — On the point of order, Ambulance Victoria, and the contract runs to May President, there has been a longstanding approach of 2021. Those air ambulances, as well as the helicopters, reasonable latitude. This is clearly a point of interest in will need to use aviation fuel over the forthcoming the community, and I make the point that if Mr Pakula period. is so sensitive about the impact of the carbon tax on air ambulance operations, then he should be very It is clear that the commonwealth’s carbon tax concerned about the impact, because it will be a tax on arrangements will directly impact on air ambulance the air ambulance. That is what is going to happen. costs; they will directly impact on the fuel costs for There will be hundreds of thousands of dollars in tax on those air ambulance services. I am not sure that anyone the air ambulance. in this chamber wants to see additional costs loaded directly onto Air Ambulance Victoria. I am not sure Hon. M. P. Pakula — Further on the point of order, that anyone wants to see patients impacted by higher President, Mr Davis can rant and rave. It is not my fault carbon tax costs through the aviation fuel excise if he does not understand the standing orders. increase that Prime Minister Gillard is planning to put on the air ambulance service in Victoria and in other The PRESIDENT — Order! Is order of the day 6 states. I make the point that this cost will go straight to what Mr Pakula has drawn attention to? the bottom line of ambulance services in this state.
Honourable members interjecting. Mr Lenders — On a point of order, President, on a Hon. D. M. DAVIS — Further on the point of further matter of anticipation, I draw your attention to order, President, it may help you to know that the the notice paper today. Notice of motion 24, standing in document relates to health services, meaning hospitals Mr Davis’s own name, specifically notes the and related matters. This is a very specific question federal-state financial arrangements negotiated by about Air Ambulance Victoria, which is not necessarily Mr Davis’s Premier and lauds their success in dealing covered by the motion. with growth in the health system. Again on the subject of anticipation, I say that notice of motion 24 is about The PRESIDENT — Order! My apologies for the exact areas Mr Davis is touching on and he is having some difficulty in dealing with this, but I had anticipating that motion as well. been given a notice paper for some weeks ago — and so have a number of other members — which is why Hon. D. M. DAVIS — On the point of order, there was some confusion. Now I have the correct one, President, notice of motion 24, as the member outlines, and Mr Pakula is correct that it is order of the day 6 to does deal with the agreement by the Council of which he is referring. Australian Governments, but ambulances are not a part of that deal in any way whatsoever. These costs will go It is true that members are not entitled to anticipate a straight to the bottom line of ambulance services. There later debate in terms of matters that are likely to be key will be hundreds of thousands of dollars in carbon costs issues in that debate. I am mindful of the fact that I do every year — going from $340 000 to $430 000. not think the question went to some of the matters Mr Davis is now taking up in his response. I think he The PRESIDENT — Order! The minister has gone has honed it down to some areas that I would have from responding to a point of order to debating the thought were broader than the question that was asked, issue, and points of order are not a matter for debate. I so I dare say that Mr Davis is about to return to am concerned that, because I did not have the notices in different matters in respect of his answer and in front of me, a fair bit of debate that took place would response to Mr O’Donohue’s question and that he has not really stand the test for points of order. I had more simply been using the material to this point to provide sympathy for Mr Pakula’s point of order on this some context for the response he is making. In that occasion, and it was pretty close in terms of the matters sense I take the view that his response will probably not it raised. anticipate the matters covered by order of the day 6, but In respect of the point of order raised by Mr Lenders, I will listen carefully. there are two matters. The first one is that, on my quick Hon. D. M. DAVIS — As I indicated in the process reading, the notice does not talk about ambulance of that point of order, I am concerned about the impact services, although they are part of health services. That particularly on air ambulance services. The air is where I was at when considering Mr Pakula’s point
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Tuesday, 27 March 2012 COUNCIL 1647 of order. On my quick reading I do not think ambulance arguably better than many equivalent regional services services are specifically covered by this notice of but at least as well. In that sense the service has been a motion. very good service in Mildura.
The second, more important thing perhaps in terms of I make the point that the government also has additional the anticipation rule, is whether or not the house would capital that it is intending to put into the service. The expect to actually debate the motion today. I do not $5 million for the upgrade of the emergency department believe that is the case, based on the order of business I at Mildura hospital was an important election understand we are likely to proceed with this day. From commitment, which I note was never matched by the that point of view also I am not sure that this point of Labor Party and has not been matched by the Labor order would satisfy the anticipation rule. Mr Pakula’s Party to this day. Further, there is additional joint point was much closer. commonwealth-state funding that will go into that hospital to provide additional capacity in the emergency Hon. D. M. DAVIS — The fact is that the department and additional support for mental health commonwealth’s approach with the carbon tax will patients at Mildura hospital. lead to higher excise costs for air ambulance services, which means it will lead to higher costs for air Mildura Base Hospital is an important hospital. It ambulance services. There is no compensation. There is services a distant area of the state. The government is no support from the commonwealth for this very determined to make sure that the health services in commonwealth tax on ambulance services. This is an Mildura are of the highest quality. Mildura takes a extraordinary decision by the commonwealth, to put a number of patients from across the border in New tax on air ambulance services. It will hit those needing South Wales and some patients from South Australia, to be transported urgently, and particularly country so there is additional load there. The hospital provides a Victorians, who will bear the brunt of the very good quality service. It is a service that has stood commonwealth tax on ambulance services. the test of time and a service that, on examination of its performance, stands as being at least as good and Mildura Base Hospital: future arguably better than equivalent regional health services elsewhere in Victoria. Mr JENNINGS (South Eastern Metropolitan) — My question is to the Minister for Health. I note that Supplementary question last week the Premier made the suggestion that he is generally open to the concept of public asset sales to Mr JENNINGS (South Eastern Metropolitan) — I fund infrastructure, and I also note the current challenge was pleased to hear that the minister has referred to the government faces to keep up with the infrastructure investments into the future, paid for by the state and by and health-care needs of the people of Mildura, who the commonwealth. I congratulate him on that. My had their hospital privatised in the Kennett era, and I question was in relation to the continuing concern about ask: how is the government going to guarantee that whether it keeps up with demand. In light of those health investment keeps up with the needs of the people investments and the need for ongoing investments, can of Mildura into the future in light of the privatised the minister rule in or rule out the reacquisition of the service delivery model which is currently being hospital as a public sector service in the future? renegotiated? Hon. D. M. DAVIS (Minister for Health) — As the Hon. D. M. DAVIS (Minister for Health) — It is a member will understand, I am not going to enter into matter of public record that the contract in Mildura is excessive discussion about a commercial negotiation up for negotiation. That negotiation is obviously a that is under way, pursuant to a lease where the commercial matter that will be part of a general process government has obligations. The government will to examine the best outcomes for the people of Mildura. discharge its obligations in the arrangements to the As part of that process I have made sure that additional letter. I have no doubt that the member would not want data on Mildura is available for the first time. The me to in any way step away from the contractual health ministers of the previous government — arrangements that are in place and the obligations that Mr Andrews, the member for Mulgrave in the the government and the department have in that respect. Assembly, Ms Pike, the member for Melbourne in the Assembly, and others, kept secret the data regarding the I welcome the member’s new-found support for Mildura hospital. I have released that additional data on additional capital allocation, and I make the point that Mildura in a timely way. That data shows very clearly his government did not support the additional capital that the Mildura hospital has performed well — allocation of $5 million that we announced as an
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1648 COUNCIL Tuesday, 27 March 2012 election commitment and did not match it in the I am delighted to report that the Carlton Work and election campaign. I welcome his belated change of Learning Centre is already kicking goals and that great heart in supporting the additional $5 million that the results have already been achieved. The work and coalition committed to in the previous budget for learning centre is creating relationships with local Mildura hospital. That is very important. training organisations, including the Complex Training Academy, which has asked the work and learning Housing: work and learning centres centre to train and place security guard positions through the public tenant employment program. The Mr ONDARCHIE (Northern Metropolitan) — I work and learning centre held information sessions, and have a question this afternoon for the Minister for 35 interested tenants attended those information Housing, who is also the Minister for Children and sessions. The Complex Training Academy is now Early Childhood Development. Can the minister update assessing those applicants for training needs and the house on the implementation of her election potential placement into real jobs. It is extremely commitment to create five work and learning centres on pleasing to see these great results happening so early in public housing estates? this program.
Hon. W. A. LOVELL (Minister for Housing) — I Last Thursday I was also pleased to be joined by thank the member for his question and his ongoing Mr Ondarchie, who, as the chair of the community interest in the work and learning centres policy of the liaison committee for the redevelopment of the Carlton government and the welfare of public housing tenants estate, is a familiar face at the Carlton estate. I will be in Victoria. Last Thursday I was delighted to open the officially opening the Geelong Work and Learning first of five work and learning centres that the Centre soon, and announcements about the locations of government committed to at the last election. As the a further three work and learning centres will be made Premier and I announced last October, the first two of shortly. these will be in Carlton and Geelong. It is part of a $4.6 million election commitment to improve the Victorian cancer plan: funding employment opportunities and living standards of public housing tenants. Mr JENNINGS (South Eastern Metropolitan) — My question is to the Minister for Health. The minister The first work and learning centre to be opened is is aware that the four-year $150 million funding located at the Church of All Nations in Carlton and is announced in the 2008–09 budget to establish the operated by the Brotherhood of St Laurence in Victorian cancer plan, which was designed to increase partnership with the Church of All Nations. This survival rates by 10 per cent by 2015, included an fantastic facility will house the Carlton Work and allocation of $45.2 million in the 2011–12 budget, and Learning Centre, which will provide opportunities for the strategy requires a further allocation in the forward tenants to gain assistance in finding work, developing estimates of this year’s budget. Can the minister job-ready skills and accessing information and guarantee that the cancer plan will continue, through resources that help individuals enter the workforce. We that funding, to be provided for in the forward know that people who do not have a job can be allocation and estimates? excluded not only economically but also socially. This can cause people to become trapped in a cycle of Hon. D. M. DAVIS (Minister for Health) — I think disadvantage and to become isolated and withdrawn. the member, being a former minister, well understands Training, education and ultimately employment — the that you cannot pre-empt the budget. I am not sure ability to maintain a stable job — can help people break exactly what day budget day is this year — what date in out of this cycle. May is it?
I am very pleased to be delivering this program in Hon. G. K. Rich-Phillips interjected. partnership with the Brotherhood of St Laurence and the Church of All Nations, which understand the Hon. D. M. DAVIS — It is 2 May. I will give importance of a hand up rather than a handout. The Mr Jennings a tip: he will read the budget, with the rest Church of All Nations has been active in the Carlton of Victoria, on 2 May. community for many years and has established strong ties with the local community through a range of An honourable member — It is 1 May. successful programs. Hon. D. M. DAVIS — It is 1 May. I am sorry; I have given the wrong date. Either way, in the first week of May the budget will be delivered in the normal way,
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Tuesday, 27 March 2012 COUNCIL 1649 and I can promise Mr Jennings that I will even walk of the state government’s budget at that time. In terms him through a little bit of it if he wants me to on the of our commitment to cancer services, I pointed to day — just some steps on the budget at the time it is some very specific matters that relate to a strong and delivered. Let me be quite clear: the government is very ongoing commitment to quality cancer services in committed to cancer services and to ensuring that Victoria. Victorians have the best possible cancer services. Skills training: federal funding We brought to fruition the Victorian Comprehensive Cancer Centre, which was initially a project of the Ms CROZIER (Southern Metropolitan) — My previous government, as I have said in this chamber question is to the Minister for Higher Education and before. At $1.042 billion, the VCCC is a remarkable Skills, Mr Peter Hall. Last week Prime Minister Gillard project that will deliver better cancer services, better announced the commonwealth government’s proposed research services and better results in terms of cancer funding allocations to the states for skills training. I ask into the future for Victorians. That is a very clear sign the minister if he can advise the house of how Victoria of our commitment to cancer services into the future. has fared under those proposals. That is now on the public record, and I put this matter to the chamber. Indeed if Jennings wishes to quickly go Hon. P. R. HALL (Minister for Higher Education online, I would urge him to look at the website, where and Skills) — We did not fare too well. That is the he will see a webcam that will give him quarter-hourly short answer to Ms Crozier’s question. Despite the updates of the construction process at the VCCC site. shadow minister for skills and apprenticeships claiming He will be able to see the diggers as they are digging there would be a boost to skills funding in Victoria, that down to the base of the VCCC. was not the case. The funding proposal put forward by the Prime Minister last week came in two components. Mr Jennings — Do they only dig down? If you add together the two funding components suggested for the state of Victoria in 2011–12, you find Hon. D. M. DAVIS — No, when they are finished that the resulting figure is $458 million. But if you look digging down, Mr Jennings, they will then start to lay at the proposals put forward by the Prime Minister this the concrete and they will build up. I have learnt this year for 2012–13, then you see that the Victorian share about construction; clearly Mr Jennings has yet to learn equates to $404 million — a difference of $54 million. this about the construction process, so he might benefit from watching the webcam for some time and keeping The fact of the matter is that the proposed funding close tabs on the progress of the building of the new arrangement between the states and the commonwealth Victorian Comprehensive Cancer Centre. means that Victoria will lose $54 million for skills training over the next 12 months. That equates to about My point here is that the government is committed to 20 000 training places in Victoria. Given the way the providing good cancer services for Victoria. In terms of economy is and the investment that is needed in skills budget announcements, Mr Jennings, like other training, the gap is going to be hard to fill here in Victorians, can wait until the first week of May. Victoria.
Supplementary question Hon. M. P. Pakula interjected.
Mr JENNINGS (South Eastern Metropolitan) — I Hon. P. R. HALL — Mr Pakula says perhaps the thank the minister for his offer to share quality time government is not such a good advocate in terms of with me on budget day, and I will take it up. But I ask this. These negotiations will be settled through a the minister: given that he was not aware of the Council of Australian Governments agreement under imminent budget date and given that this is actually a national partnerships, as Mr Pakula knows, and I can potential concern for the Victorian Cancer Agency, the assure him that Victoria will go in there and argue very Victorian Cancer Biobank and other services within the strongly for a better share of the funding that is needed cancer plan, does he have a contingency plan to wind for skills training in this state, so it is not all over, Red down those services if in fact he is not successful in the Rover; there is time to go yet, and we will keep arguing coming month and in the delivery of the appropriate this point of view. funding into the future? Has he a plan in place to deal with that contingency? It is important to note that one of the conditions attached to these training dollars was that each state had Hon. D. M. DAVIS (Minister for Health) — I think to implement a training entitlement for people I have answered the question fully. Budget day is in the undertaking training. In Victoria we have had that first week of May, and the member will see the details
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1650 COUNCIL Tuesday, 27 March 2012 entitlement in place for some time. To its credit, the process is well advanced, as I think the member introduction of the training entitlement occurred when probably well knows. the previous government was in place. We more than match the condition that says each state must have a The pity about the Bendigo project is that Labor has training entitlement to a certificate III level. There is consistently opposed a larger hospital. The member for now an entitlement for people who are upskilling to Bendigo East in the Assembly is, to my knowledge, the train to a diploma or advanced diploma level. only local member of Parliament who has consistently advocated for a smaller hospital with fewer services in The agreement also suggests that states should have her area. It is extraordinary and culpable. It is about income-contingent loan schemes. Victoria has piloted time she got with the program and said, ‘I want a strong income-contingent loan schemes for VET (vocational hospital. I want a hospital that will return the very best education and training) for the last two or three years. outcome for my community’. That is my point. I might Those who are studying for a diploma or an advanced add, as a point of genuine generosity on this matter, I diploma can access VET fee help, and only when their understand the member gave birth yesterday, and we income-earning ability reaches certain levels will they wish her and her baby well. be required to pay. I suggest that something Victoria will be arguing is that this income-contingent loan On the matter of the Bendigo hospital, I make the point scheme should be extended to certificate III and that it is time the Bendigo members got with the certificate IV levels now, because it is quite ludicrous program; it is time they went for the bigger hospital and that through VET fee help it is now cheaper to do a for the $102 million scale-up under the PPP process as diploma than it is to do an apprenticeship. That seems it was begun and continued through — and it will ludicrous to me. If we can assist more people in lower continue through. I look forward to the bids that come level training, then the state and the economy of back, ultimately, from the two tenderers and to seeing Australia will be far the better for it. the analysis of those bids. I look forward to the opportunity to provide the biggest health project in While we will continue to negotiate with the federal country Victoria’s history, a project that is $102 million government on getting our fair share of training dollars, bigger than Labor’s project. Labor needs to finally get it is disappointing that Victoria will in fact receive over its resistance and say it wants the big project and $54 million less in the year ahead than it received from not the small project for Bendigo that those two local the commonwealth government for training this year. Labor members for Bendigo continue to advocate for. Bendigo hospital: future Supplementary question
Mr JENNINGS (South Eastern Metropolitan) — Mr JENNINGS (South Eastern Metropolitan) — My question is to the Minister for Health. Given the During the minister’s answer one of his backbenchers Premier’s current enthusiasm for potential public asset was encouraging me to refine my supplementary sales in Victoria, can the minister rule out the total question, and I will refine it. Can the minister rule out privatisation of the Bendigo hospital redevelopment the health service of Bendigo hospital being privatised which is currently under way? as an extension of the current arrangements in accordance with his Premier’s direction? Hon. D. M. DAVIS (Minister for Health) — Can I just be very clear — — Hon. D. M. DAVIS (Minister for Health) — I think the member’s premise is again wrong on this. What I Honourable members interjecting. can say is that the PPP process continues under the same arrangements that existed under Labor. There will Hon. D. M. DAVIS — Just calm down, and let us be a public health service in Bendigo that will have a be very clear about these matters. The Bendigo hospital public component, and the health service under the PPP redevelopment is the largest health project in country rules will be delivered in the normal way. We look Victoria’s history. At $632 million, it is $102 million forward to a larger health service than Labor would larger than Labor’s commitment. The government has have delivered under the same rules and the same an expression of interest process that is already well arrangements that existed under Labor without change. advanced, and indeed two important groups that have international experience have been short-listed. A request for tender process will occur within the normal PPP (public private partnership) process, and that
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Information and communications technology: REVIEW OF CLIMATE CHANGE ACT 2010 government initiatives Government response Mr O’BRIEN (Western Victoria) — My question is to the Minister for Technology, the Honourable Hon. D. M. DAVIS (Minister for Health), by leave, Gordon Rich-Phillips. I ask the minister: what is the presented report. Baillieu-Ryan government doing to increase innovation and productivity through the use of ICT in Victorian Laid on table. businesses? Ordered to be considered next day on motion of Hon. G. K. RICH-PHILLIPS (Minister for Mr BARBER (Northern Metropolitan). Technology) — I thank Mr O’Brien for his question and for his interest in innovation in the Victorian SCRUTINY OF ACTS AND REGULATIONS economy, because innovation is one of the key drivers COMMITTEE of productivity in the Victorian economy and one of the key things that the government needs to promote if Statute Law Revision Bill 2012 strong economic growth is to continue in this state. Mr O’DONOHUE (Eastern Victoria) presented Last year I was pleased to release Victoria’s report, together with an appendix. Technology Plan for the Future, which brings together the potential of ICT, biotechnology and small Laid on table. technology under one plan for the first time. The plan had two key streams. One was industry development, Ordered to be printed. and the other was driving technology-enabled innovation in the broader economy. Statute Law Repeals Bill 2012
In accordance with that element of the plan, earlier this Mr O’DONOHUE (Eastern Victoria) presented month I was pleased to release the Digital Futures report, together with appendices. Fund. The Digital Futures Fund is designed to support collaborative projects within the Victorian economy Laid on table. that are targeted at driving productivity, driving growth Ordered to be printed. and driving competitiveness among industries in Victoria. The Digital Futures Fund will provide support Alert Digest No. 5 particularly to projects involving small to medium businesses, or SMEs. Each project will require the Mr O’DONOHUE (Eastern Victoria) presented involvement of two SMEs and can bring together Alert Digest No. 5 of 2012, including appendices. industry bodies, community organisations, universities, TAFEs and research institutions and leverage off those Laid on table. institutions to develop projects which drive innovation in the economy. Ordered to be printed.
We are looking at opportunities in data mining analytics, cloud computing, cyber security and a range PAPERS of key areas for the Victorian economy. The program Laid on table by Clerk: has now opened. Expressions of interest are being sought, and the opportunity to submit them will close Australian Crime Commission — Report, 2010–11. on 12 April this year. I look forward to seeing some innovative ideas come forward from SMEs in Victoria Climate Change Act 2010 — which we can use to help drive productivity and Report on Climate Change and Greenhouse Gas innovation in the Victorian economy in coming years. Emissions in Victoria pursuant to section 17 of the Act.
Review of the Climate Change Act 2010, pursuant to section 19 of the Act, December 2011.
Commissioner for Environmental Sustainability — Strategic Audit of Victorian Government Agencies’ Environmental Management Systems, January 2012.
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Crown Land (Reserves) Act 1978 — Minister’s Order of Sustainability and Environment Department — Report under 9 March 2012 giving approval to the granting of a licence at section 30L of the Surveillance Devices Act 1999, 2010–11. Maldon Historic Area. A proclamation of the Governor in Council fixing an Gambling Regulation Act 2003 — Fixed Term Ban Order of operative date in respect of the following act: 14 March 2012 under section 2.5A.9 of the Act. Resources Legislation Amendment Act 2011 — except for Interpretation of Legislation Act 1984 — Notice pursuant to Parts 3 and 6 — 20 March 2012 — (Gazette No. S91, 20 section 32(3)(a)(iii) in relation to Statutory Rule No. 6. March 2012). Mount Baw Baw Alpine Resort Management Board — Report for the year ended 31 October 2011. PRODUCTION OF DOCUMENTS Municipal Association of Victoria Insurance — Report, 2010–11. The Clerk — I have received a letter dated National Environment Protection Council — Report, 27 March from the Minister for Planning. 2010–11. Letter at page 1686. Office of Police Integrity — Report under section 31 of the Crimes (Assumed Identities) Act 2004, 2010–11.
Planning and Environment Act 1987 — Notices of Approval NOTICES OF MOTION of the following amendments to planning schemes: Notices of motion given. Brimbank Planning Scheme — Amendments C93 and C138. Hon. D. M. DAVIS having given notice of motion:
Glenelg Planning Scheme — Amendment C65. Mr Viney — On a point of order, President, I desire Greater Bendigo Planning Scheme — clarification as to why a bill is being referred to the Amendments C109, C120, C137 and C150. references committee rather than the legislation committee. Greater Shepparton Planning Scheme — Amendment C136 Part 1. The PRESIDENT — Order! It was the legislation Loddon Planning Scheme — Amendment C27. committee. Melton Planning Scheme — Amendment C118. Mr Viney — He said ‘references committee’.
Mount Alexander Planning Scheme — The PRESIDENT — Order! At the moment we are Amendment C45. dealing with notices of motion. That legislation will be Moyne Planning Scheme — Amendment C42. dealt with either later today or on Thursday.
Surf Coast Planning Scheme — Amendment C72. Further notices of motion given. Swan Hill Planning Scheme — Amendment C33. Mr KOCH having given notice of motion: Wyndham Planning Scheme — Amendment C158. The PRESIDENT — Order! I ask Mr Koch if that Prevention of Cruelty to Animals Act 1986 — Revocation of matter was framed in the form of giving notice of that Code of Accepted Farming Practice for the Welfare of Pigs (Revision 2). motion.
Safe Drinking Water Act 2003 — Report on Drinking Water Mr KOCH — Yes. Quality in Victoria, 2010–11.
A Statutory Rule under the Legal Profession Act 2004 — No. 19. BUSINESS OF THE HOUSE
Subordinate Legislation Act 1994 — General business
Documents under section 15 in respect of Statutory Rule Mr LENDERS (Southern Metropolitan) — By Nos. 14, 18 and 19. leave, I move: Legislative Instruments and related documents under section 16B in respect of a Contaminated Stock Order of That precedence be given to the following general business 20 March 2012 made under section 48 of the on Wednesday, 28 March 2012: Agriculture and Veterinary Chemicals (Control of Use) Act 1992.
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(1) notice of motion 237 standing in name of Mr Lenders with my colleague Jenny Mikakos and the local federal relating to the banning of ‘Dorothy Dix’ questions; member for Batman, Martin Ferguson, I was honoured (2) notice of motion 257 standing in the name of Mr Barber to place a wreath at the war memorial in memory of to introduce the Transport (Compliance and Greek-Australian casualties. I congratulate the Miscellaneous) Amendment (Fares) Bill 2012; organisers, the Darebin mayor and council officers for providing splendid refreshments after the ceremony. (3) notice of motion given this day by Ms Hartland to revoke amendment C125 to the Greater Dandenong planning scheme; Communications towers: Western Victoria Region constituent (4) order of the day 15, consideration of minister’s answer to a question without notice relating to WorkCover Mr RAMSAY (Western Victoria) — I bring to the premiums; attention of the house the plight of a farmer in (5) notice of motion 251 standing in the name of Mr Barber Warrnambool, John Howard, who in 2006 was notified relating to the provision of the 2012 Network Revenue of a planning permit application to erect two Protection Plan; communications towers in close proximity to his residential property. While he objected to the (6) notice of motion 216 standing in the name of Ms Mikakos relating to funding for the Take a Break application, the permit was approved by the Moyne occasional child-care program; and Shire Council. An objection was raised by a wind farm operator that the proposed siting of the communications (7) notice of motion 286 standing in the name of towers was within 800 metres of a proposed turbine, Ms Pennicuik relating to the provision of the ‘Comperio’ report. which it was suggested would cause electrical interference. The town planner at the time then made a Motion agreed to. verbal amendment to the planning permit to resite the communications towers away from the proposed wind turbine, closer to Mr Howard’s residence. The MEMBERS STATEMENTS communications towers were then erected without Mr Howard’s knowledge and without the council Shrine of Remembrance: parliamentary visit re-approving the amended permit.
Mr ELASMAR (Northern Metropolitan) — On Mr Howard believes that his private home has now Friday, 9 March, on the kind invitation of the President been affected by electrical interference from the of this house, together with several parliamentary communications towers. Such has been the interference colleagues I toured the Shrine of Remembrance in that he has had to move out of his home and live St Kilda Road. The chairman, Air Vice-Marshal Chris elsewhere. Over the years, Mr Howard has sought Spence, and the chief executive of the shrine, justice, to have some appreciation of his concerns Mr Denis Baguley, gave us a guided tour of this shown, to have those concerns addressed and to have beautiful monument. We viewed two new the legality of the verbal amendment challenged by the contemporary and very interesting exhibitions about courts. Through many court battles and a Victorian World War II. I highly recommend a visit to the Shrine Civil and Administrative Tribunal ruling, Mr Howard of Remembrance to all Victorians, especially our young has been unsuccessful in challenging the system that people, who should understand the sacrifices made by has driven him out of his home. My understanding is their predecessors to keep Australia strong and free that the issue is still being negotiated by the Moyne from oppression. These new exhibitions complement shire’s insurers. the existing Anzac legacy of our brave men and women of the fighting forces. This set of circumstances was brought to the attention of this chamber by my predecessor, John Vogels, MLC, Greek Independence Day and Peter Kavanagh, MLC, another former member for Western Victoria Region, and it is now being raised by Mr ELASMAR — On another matter, on 24 March me. Regardless of who is at fault in this sorry saga, we I attended the celebration of Greek national day owe it to Mr Howard to give him some sense of justice organised by the Centre of Greek Ex-Servicemen’s and faith that the laws of this land offer protection to Elderly Citizens Club of Darebin and District in private citizens. I urge the Moyne Shire Council and conjunction with the City of Darebin at the Preston Mr Howard to find a suitable settlement. town hall. The Greek and Australian flags were flown together at full mast. The ceremony was well attended by members of various Greek clubs in Darebin. Along
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Niddrie electorate: by-election advisory consultative committee. His most extraordinary football achievements included playing Mr BARBER (Northern Metropolitan) — In the for the Melbourne Football Club in 264 games between Niddrie by-election the Labor vote went down, the 1987 and 1998. He was inducted into the AFL Hall of Greens vote went up and the Liberal Party went Fame in 2003, was the 1991 Brownlow medallist and AWOL — and that pretty much sums up Victorian became the president of the Melbourne Football Club in politics as it stands. We went to the people of Niddrie 2008. with a set of policies, and it is policies that the voters are looking for. The Labor Party wrapped the polling Jim Stynes showed great courage during his protracted booths in so much red plastic that they looked like an illness and was an inspiration to many cancer sufferers. artist’s installation by Christo, but there was nothing on I wish to extend my sincere condolences to Jim’s offer there for the voters. family — his wife, Samantha, and his two children, Matisse and Tiernan. He was a remarkable man who Voters are seeking policies that will make a inspired many, and I am sure he will be sadly missed. contribution to their everyday lives, including helping them beat their bills while cutting their carbon usage James ‘Jim’ Stynes, OAM and meeting the most basic of needs — public transport to get them to and from work. The fact that millions of Mrs PEULICH (South Eastern Metropolitan) — I dollars are being ripped out of this community by poker rise today to honour the passing of Victorian legend Jim machines is something that concerns many voters. Only Stynes. Jim’s commitment to Australian Rules Football, the Greens are proposing to cut the losses to poker in particular the Melbourne Football Club, and to his machines. Congratulations to our candidate Josie Lester beloved Reach Foundation along with his and to the members of the Moonee Valley Greens, who two-and-a-half-year health battle earnt him the respect ran an excellent campaign to which the Niddrie of all Victorians. Jim played a pivotal role in securing a community has responded. 30-year deal between the City of Casey and the Melbourne Football Club which has seen the Casey James ‘Jim’ Stynes, OAM community benefit from a range of first-class education programs for the community. Jim was also a Medal of Ms MIKAKOS (Northern Metropolitan) — This the Order of Australia recipient and both a Victorian of morning I attended the very moving funeral of the late the Year and a Melburnian of the Year. James ‘Jim’ Stynes, OAM, who, as many of us know, was well known not only for his stellar football career Jim Stynes was committed to what he believed in and at the Melbourne Football Club but also for his epitomised honesty, integrity and passion. He will be involvement with various charities. It is for this reason sadly missed, but his legacy to the AFL and to the in particular that I wish to pay tribute to him. Casey and Victorian communities will last a very long time. We lost a remarkable Victorian who leaves In 1994 Jim co-founded the Reach Foundation, behind a legacy on and off the football field. I share recognising that all too often greatness in young people Australia’s and Ireland’s mourning, and our love goes is hidden behind fear, anger or hurt. He believed that to Jim’s wife, Sam, and his children, Matisse and every young person should have the support and Tiernan. self-belief they need to fulfil their potential. Reach achieves this by creating safe and supportive places Pope Shenouda III where teenagers can share their stories and experiences honestly. Every year his charity runs programs for more Mrs PEULICH — My deepest sympathy also goes than 60 000 young Australians in more than out to the Coptic community of Melbourne’s south-east 580 metropolitan and regional schools across the on the passing of Pope Shenouda III, who was the country. spiritual leader of the Middle East’s largest Christian community and an inspirational figure. South Eastern Jim was recognised for his achievements with Reach Metropolitan Region, which I have the honour of and in the community through many awards, including representing in the Victorian Parliament, has a vibrant Melburnian of the Year in 2010, a Medal of the Order Coptic community, and my thoughts and prayers are of Australia, a Churchill Fellowship in 2007 and with the members of that community as they mourn the Victorian of the Year in 2001 and 2003. Jim also passing of their spiritual leader. This is a great loss for worked on a number of government advisory bodies, the Coptic community and the Christian world as a including the 1997 Victorian government’s suicide task whole. However, local community members stand force and the federal Minister for Youth’s youth beside the Coptic community and offer their full
MEMBERS STATEMENTS
Tuesday, 27 March 2012 COUNCIL 1655 support, led by significant community figures such as critical times in their lives, such as at retirement or the mayor of Casey, Cr Sam Aziz. May Pope during ill health or protracted periods of Shenouda III’s vision for a better future continue to unemployment. Men’s sheds provide a physical space inspire all faith communities, including providing with workbenches, tools and informal areas for direction to Coptic Christians. conversation where men can connect, learn and work on local projects. Mental health: advice line The Anglesea men’s shed reflects the strong Ms TIERNEY (Western Victoria) — The Baillieu relationships within the community and local groups, government’s decision to shut down Victoria’s only including the Anglesea and District Community House dedicated 24-hour mental health advice line is nothing and the Anglesea Bowling Club. Along with $50 000 short of a disgrace. At a time when governments should from the Baillieu government, the bowls club be supporting vulnerable members of our community, contributed $24 000, the Shire of Surf Coast the Baillieu government has seen fit to abolish, without contributed $22 000 and the Anglesea community, consultation, a very important support service for those including both Alcoa and the Bendigo Bank, donated Victorians suffering mental illness. Figures released by generously towards the construction of this men’s shed. the federal government’s private health insurance ombudsman indicate that one in five Australians will The efforts of many in the Anglesea community must experience some form of mental illness in their lifetime. also be acknowledged, and I thank them for their commitment to establish this facility. The men’s shed This decision is of particular concern to rural and program has seen a rapid expansion to more than regional Victorians, who, as data from the Department 160 sheds across Victoria. The Baillieu government of Health’s website suggests, were responsible for recognises that there is an ongoing need for more sheds one-third of the 9500 calls received by the advice line. and has committed a further $4 million to the men’s As reported on the ABC’s Ballarat website, critics, who shed program over the next three years. include many health professionals, are asking questions about why the service was so poorly promoted and why Racing: regional track safety there is no replacement mental health triage service, when there is clear evidence that there is a need in the Hon. M. P. PAKULA (Western Metropolitan) — community. A spokesperson for the Minister for On New Year’s Day the much anticipated Hanging Mental Health, Mary Wooldridge, was recently quoted Rock picnic race meeting was abandoned after one in the Warrnambool Standard as saying that the advice race, when the winner almost fell and its jockey was line has not met expectations. This begs the question: almost dislodged. Safety concerns then meant that the what expectations need to be met in order to provide traditional Australia Day meeting had to be moved to critical support for country Victorians facing mental Kyneton. Last week the Benalla meeting was cancelled health issues? after potholes were discovered during race 2. Racing at Benalla has now been suspended for the balance of the The slash-and-burn approach by this government to the 2011–12 season. Interestingly, on Saturday the Colac state’s essential services will not be forgotten by meeting was transferred to Terang because of the state country Victorians. This decision has been made simply of the track, with an accompanying media release from to save money, and it will leave distressed Victorians Racing Victoria stating, ‘all Victorian tracks are without access to out-of-hours advice and support for inspected by an RV steward the day before a meeting’. mental health issues. It seems that those routine inspections have not been sufficient to identify problems such as those that have Anglesea: men’s shed occurred at Hanging Rock and Benalla.
Mr KOCH (Western Victoria) — I was pleased to What needs to happen is that the minister must ensure represent the Minister for Community Services, Mary that there is a comprehensive audit carried out as to the Wooldridge, in officially opening a new, purpose-built state and safety of regional race tracks, because it is men’s shed at Anglesea. Men’s sheds allow men to be clear that the routine inspections are not picking up all involved in their local community and help them to of the problems. These meetings are too important to develop new skills, friendships and networks. They local communities to be abandoned part-way through, provide a place for camaraderie, collaboration and and the safety of jockeys and horses is too important to social connections, enabling men to work shoulder to be left to chance. shoulder with each other and their community. Studies have shown how important it is to support men at
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James ‘Jim’ Stynes, OAM The ACTING PRESIDENT (Mr Ramsay) — Time! Mr P. DAVIS (Eastern Victoria) — I wish to make some brief comments about Jim Stynes, OAM, Carbon tax: economic impact husband, father, friend, footballer, leader, mentor and acquaintance to some. As a member of the Melbourne Mr ELSBURY (Western Metropolitan) — I was Football Club, I am amongst many who feel the loss of pleased to visit a cold storage unit in Laverton North Jim Stynes enormously, but it is felt no more than by last week, and I was chilled not only by the atmosphere those who were involved with Jim through his work within the cold storage but also by the story I heard with Reach. It is in that area of his life that he will about how much the carbon tax is going to impact on leave, I suspect, the greatest legacy. this business and ancillary businesses. Those ancillary businesses rely upon this cold storage for the service it He touched many with his compassion, humility, provides, and those companies are also supplied with integrity and character, and I have to say that the the labour force and technical expertise needed. The Victorian community is much more resilient for his cold storage company has done everything it possibly selfless contribution to youth. It is often the case that can to reduce its power consumption, and now it is we like to use examples of our experience, and in this going to be hit with a carbon tax. It is not right. It is case I can say with absolute sincerity that my brief ripping the guts out of the western suburbs, and it is personal encounters with Jim Stynes were such that I taking jobs away from people across the west. concur with the description of Jim at his state funeral today, where he was described as an ‘honourable man’. Anzac Day: centenary I will long remember him. Mr ELSBURY — I join with people from across Gaye Tripodi and Yvonne Jennings the community in denouncing the claims made last week that the Anzac Day celebrations in 2015 will Ms DARVENIZA (Northern Victoria) — Last somehow be divisive in this community. These Tuesday I was very pleased to catch up with Gaye commemorations are to celebrate the peace that was Tripodi and Yvonne Jennings from Swan Hill. Both achieved at the end of the war. They are about bringing women were recently inducted into the 2012 Victorian people together to say that the war is over and that we Honour Roll of Women. Gaye Tripodi operates can live together in peace and harmony due to the Murrawee Farms, a 600-hectare farm, with her hard-fought battles and the democracy that was husband. She is an industry leader and an advocate for defended. horticulture in her community and across Victoria. Gaye has been instrumental in ensuring that a skilled James ‘Jim’ Stynes, OAM seasonal labour workforce is available to the horticulture industry, and she successfully secured Mr EIDEH (Western Metropolitan) — The sad Swan Hill being one of only two Australian towns to passing last week of Mr Jim Stynes, OAM, was not just pilot the Pacific Seasonal Worker Pilot Scheme. She a tragedy for his family and his football club; it was has provided advocacy for and education to growers on also a tragedy for the state. Jim Stynes was far more issues affecting them, including grower productivity than a footballer, a husband and a father. He was a man and funding opportunities. twice selected as Victorian of the Year because of who he was outside of football and because of his intense Yvonne Jennings is the deputy mayor of Swan Hill commitment to the people of his adopted land. He was Rural City Council. She has played a significant role in a man who created the Reach for the Stars program, a number of community and regional organisations, and later simply called Reach, to inspire, to motivate and to in 2009 she convened the Women on Farms workshop help kids who would otherwise have been lost to the and forums. She has been awarded the Rural Industries system. Research and Development Corporation’s Victorian Rural Woman of the Year award. Yvonne is passionate As a solid supporter of the Essendon Football Club, I about promoting opportunities for women in regional pay my respects to all at Melbourne Football Club over Victoria, and she has been involved with a number of the loss of this great community hero. One example of boards, including those of Australian Women in his community contribution can be seen in Caroline Agriculture, the Victorian Farmers Federation and the Springs in my electorate, where they have just Ricegrowers Association of Australia. completed a program helping troubled youth to build self-esteem and cope with bullying. This is a program that is essential to the future of these kids, and it is all
LEGAL PROFESSION AND PUBLIC NOTARIES AMENDMENT BILL 2012
Tuesday, 27 March 2012 COUNCIL 1657 thanks to the work that Jimmy Stynes began some two Mrs Peulich — We know who. decades ago. We can do his legacy no greater honour than to continue that which he began. Hon. M. P. PAKULA — Well, bully for you, Mrs Peulich! You know who. I most humbly and sincerely request that the government consider how we, the Parliament of It authorises the legal services commissioner to Victoria, can honour Jim Stynes and his legacy, not summarily dismiss a disciplinary complaint against a through creating trophies, naming halls or building legal practitioner in circumstances where that statues, but through what he himself preferred to do — practitioner has already been removed from the role. In helping kids. an administrative sense, there is little point in continuing to force the legal services commissioner to deal with a complaint against a lawyer who has already LEGAL PROFESSION AND PUBLIC been struck off — again a common-sense change. NOTARIES AMENDMENT BILL 2012 It also removes from the legal services board a current Second reading annual reporting requirement that it certify that it has performed all of its legislative functions. As explained Debate resumed from 15 March; motion of in the departmental briefing, this is an obligation that Hon. G. K. RICH-PHILLIPS (Assistant Treasurer). overlaps with other reporting requirements that the legal services board is already required to comply with. Hon. M. P. PAKULA (Western Metropolitan) — I rise to indicate that the opposition will not be opposing The bill also makes judicial education a specific ground this bill and to make some brief comments with regard for discretionary funding under the Public Purpose to it. For the benefit of the minister in the chamber, I Fund. I will say more about that in a few moments. also indicate that we are unlikely to seek any With regard to the Public Notaries Act 2001, the bill amendments to this bill. states that an applicant for a public notary position must satisfy a fit and proper purpose test in order to be Hon. R. A. Dalla-Riva interjected. appointed as a public notary. Again that is more by way of clarification than by way of any particular change to Hon. M. P. PAKULA — I am revelling in the the way the public notaries have been appointed up to minister’s delight. this point. Mr Elsbury — Don’t call it too early. In terms of the change to the way in which practitioners Hon. M. P. PAKULA — Exactly. ‘Don’t call it too can take pro bono work, we think it is desirable that early’, Mr Dalla-Riva. This is a bill that is there be a broader range of circumstances in which fundamentally about enabling corporate legal legal practitioners can undertake pro bono work. We practitioners, who are currently restricted to providing would say two further things about it. This legislative legal services either to their employer or as volunteers instrument would have been even better had in community legal centres, to provide pro bono work government lawyers been freed up to undertake in a broader range of circumstances. That is a change pro bono work in the same way that corporate lawyers that organisations like the Public Interest Law Clearing have been. We are sure many of the government House and others have been seeking in order to enable lawyers currently engaged in a whole range of more practitioners to conduct pro bono work. It is a bill disciplines within the public sector would happily that enables the Legal Services Board of Victoria to undertake pro bono work if the legislation freed them exempt corporate legal practitioners who are up in the same way the government has freed up undertaking pro bono work from the requirement for corporate lawyers. coverage by professional indemnity insurance. That We note that is a comment that has come from the Law change is required to facilitate the broader change the Institute of Victoria. The law institute supports the bill is seeking to make. removal of barriers for corporate lawyers, but its It is also a bill that does a few other things that could preferred position — one the opposition supports and broadly be described as minor. It authorises the legal endorses — is that all lawyers who hold practising services commissioner — and I should disclose in the certificates, including government lawyers, should be Parliament what I disclosed in the briefing, which is able to fully engage in pro bono work. As part of our that a family member of mine is employed in the Office commentary on this legislation we also note by the by of the Legal Services Commissioner — — that the Public Interest Law Clearing House is likewise
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1658 COUNCIL Tuesday, 27 March 2012 very supportive of initiatives that make it easier for more cases are brought before the courts, as more corporate lawyers to engage in a wider range of pro people are charged and as fewer people become likely bono opportunities. to plea-bargain — given the changes to sentencing — there is going to be an increased call on the resources of The other point we would make on the bill is that it is legal aid, one that at least so far has not been met by not clear what impact, if any, these changes might have increased resources provided by the government. on community legal centres. Up to this point in time community legal centres have benefited — and in some I fear that in many circumstances people who would cases have benefited a great deal — from having otherwise rely on legal aid to assist and support them as corporate lawyers come into their operations to conduct they confront the court system might be forced to rely pro bono work. One of the potential ramifications of on pro bono work done by corporate lawyers and these changes is that those corporate lawyers who have others. It is therefore very interesting that what the now up to this point been going into community legal Attorney-General described before November 2010 as centres to conduct that pro bono work will no longer a raiding of the Public Purpose Fund is now seen as necessarily need to do that. They will be able to legitimate expenditure using the Public Purpose Fund. conduct that pro bono work otherwise — without In fact this legislation expands the types of expenditure having to go into community legal centres — and I for which the Public Purpose Fund can be used — and think the government, the Attorney-General and the this is without any more money or resources being put Department of Justice need to keep a very close eye on into legal aid. whether this change depletes the skill set, the quality or the opportunities for training for those young lawyers Nevertheless, as I have indicated, the good in this bill who work in community legal centres and who have up outweighs the bad. The stakeholders in the legal to this point benefited from having corporate fraternity — the law institute and the Public Interest practitioners go into the centres to conduct that pro Law Clearing House — and the opposition all accept bono work. That is an important factor the government that it is good that there will be more circumstances in needs to keep an eye on. which corporate lawyers can offer pro bono assistance. Our only regret, as I have indicated, is that this It is also worth noting that the inclusion of judicial legislation does not go even further and make that education as a ground for discretionary funding from capacity available to government lawyers. the Public Purpose Fund caused the opposition considerable surprise. This is not so much because Our only other regret is that in regard to the use of the judicial education is of and by itself an unworthy use of Public Purpose Fund this government’s actions do not the Public Purpose Fund but more because of the sort of match the rhetoric we heard from members opposite commentary we heard from Mr Clark, who is now the before the 2010 election, when they talked about Attorney-General, before the last election about what raiding of the Public Purpose Fund and the need for he described as the former government’s raiding of the increased funding of legal aid. Given the types of Public Purpose Fund to meet costs that had up until changes this government is making both to law then been met by the government as part of funding the enforcement and the way the courts need to deal with general operating expenses of the courts and the legal persons brought before them, a radical increase in legal system. When Mr Clark was shadow Attorney-General aid funding is going to be necessary, and if we do not he was declaiming at every opportunity about how the see it in the budget on 1 May, then woe betide the court former government was raiding the Public Purpose system. Fund to fund legal aid. I note that in the new government’s 16 months it has not made any change to Ms PENNICUIK (Southern Metropolitan) — The the way the Public Purpose Fund is used for the Greens will be supporting the Legal Profession and provision of legal aid. Public Notaries Amendment Bill 2012, which makes a number of amendments to the Legal Profession Act I also note that despite the massive increase in demand 2004 and only one amendment to the Public Notaries on the court system’s resources that has been created by Act 2001. this government’s changes to sentencing provisions — and that demand will continue to be created as the The major amendment to the Legal Profession Act government’s changes are rolled out and as more and removes from the act the restriction on lawyers taking more police hit the streets — there has not been any pro bono work. It is currently the case in Victoria that increase in legal aid funding. It is unfortunate that the lawyers are prohibited from undertaking pro bono work changes being made today to enable more lawyers to unless it is as a volunteer in a community legal centre work pro bono will sadly be very necessary, because as (CLC). It is worth noting that Victoria is the only state
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Tuesday, 27 March 2012 COUNCIL 1659 where lawyers are not able to undertake pro bono work appropriate. There are also quite a number of statute outside of CLCs, so this is a very positive change. I law revisions, minor and technical amendments and understand it will free up some 2700 lawyers in repeals of unnecessary provisions. Victoria and make them eligible to provide pro bono legal services to people who need them. In that respect It is interesting too that part 3 of this bill makes the it is a very modest change to the Legal Profession Act, amendment to the Public Notaries Act to clarify that an but that change will have a positive effect on the lives applicant for an appointment as a public notary in of thousands of people who would otherwise not have Victoria must satisfy the board of examiners that he or access to legal advice or representation. she is a fit and proper person for appointment, which seems to almost be a given, but this provision clarifies Some other small amendments are made by the bill, that that test has to be satisfied. including changes to professional indemnity insurance. The bill provides that lawyers who work in a I make this minor observation on the statement of community legal centre are covered by the insurance of compatibility. It talks about the amendments in the centre, but lawyers undertaking pro bono work clause 16, when in fact it means the amendments in outside a community legal centre will now be covered clause 15. That is a mistake in the statement of by professional indemnity insurance. In particular compatibility with reference to the clauses. There is clause 6 requires the Legal Practitioners Liability also a mistake in one of the sentences in the statement Committee, when determining professional indemnity of compatibility. The sentence starts, ‘This addition insurance, to consider the revenue of law practices and enables to board, using its existing powers’; I am sure it the cost and difficulty of differentiating between types should be, ‘This addition enables the board, using its of law practices and the matters they handle, which existing powers’. These may seem like small things to seems a sensible change to me. raise, but in the previous sitting week I raised quite a few issues about the second-reading speech on the Other minor changes to the Legal Profession Act Control of Weapons and Firearms Acts Amendment include amendments to allow the legal services Bill 2011. Mistakes were made in the second-reading commissioner to summarily dismiss a disciplinary speech for that bill which I regard as confusing at best complaint if the commissioner forms a view that it is and misleading at worst. I just point out that statements not in the public interest to continue with or investigate of compatibility and second-reading speeches are legal the complaint because the subject of the complaint is an documents of the Parliament, and they should be Australian legal practitioner whose name has been proofread to make sure they do not have errors in them, removed from the roll and also, at clause 9, to clarify even if they are small errors. Certainly referring to an the obligation of the legal services commissioner to incorrect clause is not a small error. conduct an investigation expeditiously. The bill inserts new sections to empower the legal services The main changes to the Legal Profession Act made by commissioner to suspend or take no further action in an this bill are to free up lawyers to undertake pro bono investigation of a lawyer if the lawyer has been work. We think that is a positive development that will removed from the roll. no doubt, as I said, make legal services and advice available to thousands of people who otherwise would The bill also removes the requirement for the Legal not have access to them, but it is worth also saying that Services Board of Victoria to provide an annual report, this is not an alternative to properly funding Victoria on the basis that this reporting obligation is onerous and Legal Aid and other legal services. That is a separate unnecessary. I take it that that is what the LSB is issue. I would not want the government to think that saying, but it does not seem to me that the provision of just because it is going ahead with this positive an annual report is too onerous and unnecessary. The move — one that is supported by virtually everyone public should have the opportunity on an annual basis you speak to, apart from the Law Institute of Victoria, to find out what the legal services board is doing. which has some comments to make, which I will go to However, the Greens will not oppose that provision. in a moment — there does not still need to be adequate funding of legal aid. Certainly it has been raised with us As Mr Pakula said, the other minor amendment is to by stakeholders that the current funding is not adequate, include judicial education as a purpose for which the and Mr Pakula made the point, which I would reiterate, LSB can grant funds from its Public Purpose Fund, that the changes brought in by the government to the with the approval of the Attorney-General. Currently Infringements Act 2006 and other acts over the last the funds can be granted for law reform, legal 12 months are already having and will continue to have education, legal research and any purpose relating to the effect of increasing the workload of legal aid. That the legal profession or the law that the board considers
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1660 COUNCIL Tuesday, 27 March 2012 is an issue not touched on by this bill but an issue that is There is a significant body of literature on unmet legal need, worth raising in the context of this bill. and this paper does not seek to provide a comprehensive summary of it. Suffice to indicate that access to justice system is hampered by barriers experienced by many in the I mentioned that the law institute had raised some community. Those barriers are not only financial, although issues. I would say that it is supporting the amendments that is a significant reason. Other barriers arise from made by the bill, but it said it would have preferred to circumstances, which are themselves contributing causes of have seen this addressed in the broader context of the legal issues, such as marginalisation, disadvantage, national legal profession reform, particularly with oppression and discrimination. respect to practising certificates for government There are a number of identifiable cohorts in the community lawyers. I presume those things will come when the that experience particular unmet legal need, including, for national reforms come. example, single parents, those on social security, the elderly, the homeless, prisoners, newly arrived persons and others Hon. M. P. Pakula — If they come! from culturally and linguistically diverse communities … There are also identifiable areas of law in which need is experienced, including, for example, family law, employment Ms PENNICUIK — Mr Pakula says, ‘If’; certainly law, fines, civil debt and immigration. it has been raised by us that it is a long time coming, and that is a valid point raised by the law institute. On Assisting those persons pro bono can be a simple matter of the other hand Victoria is the only state left where taking instructions and providing legal information or advice. For those people, their principal legal problem is that they do practising lawyers can only undertake pro bono work not understand their legal rights. In other cases, it may be by volunteering through a community legal centre, and appropriate to provide further case work, including it is good to amend the legislation so that is not the negotiating or preparing correspondences, or prosecuting or case, and that brings us into line with other states in that defending claims, including test cases in the superior courts. This work is often undertaken or completed with the help of regard. the legal assistance sector (legal aid commissions and community legal centres), barristers and the private legal The law institute also suggested that access to profession acting pro bono. appropriate professional indemnity insurance be considered and that any barriers to access be addressed That is the type of work that the amendments made by so that new section 3.5.4A to be inserted into the act this bill will allow so that thousands of people who do does not have the unintended effect of limiting pro not have access to legal advice and legal practice will bono work in the event that appropriate insurance is not now be able to access it. Also, the 2700 lawyers who available. I am not quite sure what the answer to that is, want to participate in practising and providing that pro but I am sure that the government is aware of the bono legal advice will be able to do so. I am sure many concerns. Perhaps Mr O’Brien, who is the lead speaker of those lawyers wish to use their skills, particularly in for the government, could elaborate on that issue as areas of public interest, to help those who need regards public indemnity insurance having the effect of assistance in navigating the justice system. limiting the ability to undertake pro bono work. The other point made in the PILCH-ACLA paper was I will now talk about the work of the Public Interest that they first raised this legal reform in Victoria with Law Clearing House and the Australian Corporate the then Attorney-General, Mr Rob Hulls, in August Lawyers Association (ACLA) corporate pro bono 2009, and although he supported the concept he was not project, which was launched in 2009. We contacted prepared to go ahead with it in advance of the national PILCH regarding its views on this bill. It is not only changes. They then approached the new supportive of the bill but it has been actively advocating Attorney-General, Mr Robert Clark, and he invited for the changes made by the bill. It is worth quoting them to submit the proposal and duly said that he would from the practical findings of the PILCH-ACLA support it, hence this bill. corporate pro bono project which were presented at the ACLA national conference on 25 November 2011: PILCH also provided us with the corporate pro bono in Australia paper, which contains practical findings from Marginalised and disadvantaged members in the community its scheme and lists 13 projects that commenced under experience significant levels of unmet legal need. Pro bono the scheme as at 21 September 2011. Without going legal practice plays an important and meaningful role in into the names of the legal firms and the parties those meeting that need. It impacts positively on the personal and professional experience of legal practice, and contributes to lawyers assisted, some of the work included: providing organisational objectives. legal advice to charities; contract review and governance advice; general commercial work Further: undertaken for a foundation which supports children with special needs; taking referrals from the New South
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Wales Cancer Council legal referral service; providing I am reminded of a particular program that was advice to residents from the Korean community; undertaken by a law firm called Middletons which providing advice to Scouts Australia; placing secondees involved setting up specific pro bono services with at legal centres providing legal advisory service to Anglicare in Gippsland. That is by way of example, but walk-in clients; providing legal services to the there are many others. There is also the Victorian Bar, Brainchild Foundation, which assists children with the Public Interest Law Clearing House, the brain tumours; taking referrals from PILCH, Good Environmental Defenders Office and the Law Institute Return and other not-for-profit organisations and of Victoria, as well as Victoria Legal Aid. I am also advising clients directly at Homeless Connect Australia reminded of the many tireless workers I have known and other events; providing legal advice to A Friend’s who have worked for the Victoria Legal Aid phone Place, which is the National Centre for Childhood Grief advice line, Parents Without Partners and other and Youth Challenge Australia; acting as co-counsel organisations dealing with inquiries from members of with a lawyer from DLA Piper on action against the the community. Victorian government in relation to kangaroo cull; and establishing and running the Korean community pro In relation to that, I should begin with a great lesson I bono legal advice service. Those are the types of was taught early in my transition from a law degree to activities in which lawyers will be able to practise. practice by the Springvale Monash Legal Service, which undertakes an important and educative role — in Before I conclude I would like to thank the Law relation to Monash University graduates anyway — Institute of Victoria, the Public Interest Law Clearing through its professional legal practice program. The House and the Federation of Community Legal Centres motto I believe they have pioneered, at least in Victoria for the advice they have provided to me on the conjunction with legal services, is to encourage numerous justice bills that I have had to deal with in the self-help. An important part of providing access to last five years. As part of their work they also look at justice in our community is to encourage the legal legislation and write to the Attorney-General, to the profession and those with legal training to assist others shadow Attorney-General, to me and to other members to help themselves as best they can. Notwithstanding of Parliament about that legislation. On a daily basis the the fact that ‘as best they can’ often should involve Public Interest Law Clearing House, the Federation of legal representation, at times it will involve Community Legal Centres and the various community self-representation both because it is a right and legal centres throughout Victoria and throughout because of an individual’s financial circumstances in Australia assist clients who would otherwise not know many unfortunate cases. their legal rights and how to implement them and who would otherwise not have access to that advice or to An important aspect of the bill is that it will enable legal practitioners to assist them with the issues they specifically corporate legal practitioners — in-house confront. With those comments, I confirm the Greens counsel — to engage in legal practice on a pro bono will be supporting the legislation. basis outside a community legal centre, subject to a requirement to be covered by appropriate professional Mr O’BRIEN (Western Victoria) — It is with great indemnity insurance on terms and conditions approved pleasure that I rise to speak on the Legal Profession and by the Legal Services Board of Victoria. I will return to Public Notaries Amendment Bill 2012. I commence by the aspect of indemnity insurance, as it is important. joining my parliamentary colleague from the Greens in congratulating our many providers of pro bono legal Another important lesson drummed into me is that if services on the tireless and excellent work that has been you are offering pro bono services — pro bono being a undertaken for many years. That includes the shortening of the Latin phrase ‘pro bono publico’ Federation of Community Legal Centres; specific meaning for the public good — it is your duty as a community legal centres — such as Springvale Monash lawyer to provide those services to the best of your skill Legal Service, Monash-Oakleigh Legal Service, Fitzroy and ability, the same as you would for a paying client. Legal Service, South-West Community Legal Centre at There is to be no distinction. That can be a real issue for Warrnambool, Barwon Community Legal Service, legal practitioners to manage in that it is the paying Central Highlands Community Legal Centre, Melton clients who pay not only your bills but very often the Community Legal Centre and the Victorian Aboriginal firm’s bills. Many needy pro bono cases are difficult. Legal Service — and many other legal services and They have been rejected by other forms of government providers; corporate firms where individuals have been assistance, such as an investigation by the Ombudsman, able to work in pro bono legal services in their spare other government reviews and initial programs in the time; and other law firms that presently engage in courts. They look to a pro bono legal service for pro bono programs. assistance. That is why the professional indemnity
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1662 COUNCIL Tuesday, 27 March 2012 insurance requirements are very important, and the bill The requirement for all practising certificate holders to has been a careful response to that issue. be covered by appropriate professional indemnity insurance is a critical consumer protection mechanism. The bill also amends the Public Notaries Act 2001 to It is important that consumers be afforded appropriate clarify that an applicant for appointment as a public compensation in circumstances where a legal notary in Victoria must satisfy the board of examiners practitioner has been negligent in the provision of those that he or she is a fit and proper person for appointment. services, whether pro bono, for fee, for part fee or The bill also makes other changes to the Legal however. It is envisaged that, subject to the approval of Profession Act 2004, which I will turn to shortly. the legal services board, corporate legal practitioners wishing to engage in legal practice on a pro bono basis In relation to the issues of pro bono legal services, it is will be able to avail themselves of a free insurance important to remember that many of those services policy being set up by the National Pro Bono Resource come under greater stress in times of emergency. This Centre specifically for this type of practice. That is an has been a recent problem, probably most critically encouragement, and it is another example of the experienced in the aftermath of the bushfires in corporate sector in a sense coming on board. The Victoria. Various bodies such as the Victorian Bar, the Department of Justice will then work with the legal Public Interest Law Clearing House, the Law Institute services board to ensure that corporate legal of Victoria, the Environment Defenders Office and a practitioners wishing to undertake pro bono work are number of private firms — I do not want to leave able to readily access appropriate indemnity insurance. anyone out — quickly formed Bushfire Legal Help to As I have said, rather than being a hurdle it is the means provide on-the-ground services as best it could for by which the existing hurdle is overcome. people in a time of need. Similar initiatives were also undertaken in relation to the floods. This flexibility has I should then just deal with some of the matters raised not previously been available to corporations because a by Mr Pakula. I note that the opposition does not corporate practising certificate is limited to practice oppose the bill, but in his contribution to the debate in-house on behalf of the corporation or in the Mr Pakula suggested that whilst he welcomed the bill practitioner’s own time at a community legal service. he considered that it should also be extended to government lawyers in the same way as it is being Clause 3 of the bill will substitute the definition of extended to corporate lawyers. We thank the opposition ‘corporate legal practitioner’ in section 1.2.1 of the for not opposing the bill, but I am advised — and I Legal Profession Act. Clauses 4 and 5 permit such provide this advice to the house — that in many cases corporate legal practitioners to engage in legal practice government lawyers also hold practising certificates as on a pro bono basis. There are some issues in relation to corporate legal practitioners of the type that are the resolution of the professional indemnity questions. This subject of this very bill. Therefore government lawyers partly relates to the matters that were raised by who hold such practising legal certificates will be Ms Pennicuik in her contribution. It is important to note empowered to work pro bono outside of a community that there are approximately 2700 corporate legal legal centre in the same manner as other corporate legal practitioners. This bill will in a sense free up the ability practitioners — that is, in-house counsel. In that regard, of those practitioners to do pro bono work while still on the advice I have been given, that situation will not acting for the corporation or within the employment of arise in many practical cases. the corporation, but their public indemnity matters need to be resolved. I would also like to turn to some other aspects of the bill which are best summarised. They are short and In relation to that, the requirement for corporate legal concise, but they are discrete in the aspects they work practitioners to hold professional indemnity insurance is on. The other amendments to the Legal Profession not intended to be a hurdle, but rather the step by which Act 2004 include, firstly, an amendment to the the hurdle to these practitioners engaging in pro bono reporting powers of the legal services board under services is overcome. Without that professional clause 12 of the bill, which removes the legislative indemnity insurance members of the public cannot obligation section, which is section 6.2.21(c). That have, as a matter of consumer protection, the reliability provision required the board to report on whether or not that goes with holding that insurance should a it had performed all of its legislative functions in the practitioner, despite their best endeavours or otherwise, reporting year. It is being removed for the reason that fail — for the reasons I have outlined earlier that can this reporting obligation is onerous and unnecessary. occur in these cases — to live up to the standards of a reasonable practitioner or otherwise make a public To respond again to the question raised by the Greens, indemnity situation arise. the removal of this requirement does not, as I think was
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Tuesday, 27 March 2012 COUNCIL 1663 suggested — and if it was not, that is how I heard it ultimately the legal services, if crime is prevented from anyway — mean the removal of the whole reporting the outset. requirements of the legal services board. There will still be a reporting requirement on the legal services board, Turning to the next aspect of the bill in relation to but it will simply not have to report in relation to the disciplinary complaints, the bill will amend the specific matter of the performance of each of its disciplinary powers of the legal services commissioner functions. by providing in clauses 8 to 10 that the legal services commissioner may summarily dismiss a complaint In that regard, with this bill the government is again where the commissioner believes there is no public removing red tape. It is an important part of this interest in taking further action on the complaint government’s implementation of its election because the practitioner who is the subject of the commitment, which was to remove red tape. There is complaint has already been struck off the Supreme an important philosophical divide between our side of Court roll. Similarly, the commissioner can take no the house and many of our opponents on the other side further action in respect of an investigation under on this matter, in that if one is to provide the best way division 3 of part 4.4 where the commissioner considers of delivering services it is not always the case that one it is in the public interest to do so because the imposes lots of rules and obligations, but rather one practitioner has already been struck off the Supreme empowers the community to best help itself. That is a Court roll. That is another reform that will reduce philosophical difference between the sides of the house unnecessary work by the legal services commissioner and something that we on this side of the house, if we in circumstances where effectively the outcome has are moving into more difficult economic times, will already been achieved, being that the practitioner has continually rely on. Reductions in red tape, as we can been struck off. find them and as we can roll them out, will be very important and will enable, in an economic sense, this The next amendment is made via clause 6, which state to ride out its difficulties. These specific justice inserts a new paragraph into section 3.5.6(2) of the reforms will enable the profession to best get on with its Legal Profession Act in order to clarify that the Legal job without having to deal with unnecessary and Practitioners Liability Committee — or LPLC — may expensive reporting requirements, for example. consider, in addition to the existing non-exhaustive considerations, the revenues of law practices when I would also like to go to Mr Pakula’s second determining premiums and excesses in relation to criticism — which may not have been precisely on the contracts of professional indemnity insurance. Again bill, but I know latitude is given in lead speeches — that is another important reform to deliver sensible and relating to the general law and order policies of this effective allocation of premiums amongst various firms. government and whether or not it had sufficiently matched them with resources. We have had this debate Clause 6 also substitutes existing section 3.5.6(2)(e) of on previous bills, principally those very important the Legal Profession Act to align the wording of this pieces of legislation dealing with sentencing reforms, clause with the wording of section 3.5.6(2)(a); it will home detention abolition and other reforms that the oblige the LPLC to consider the costs and difficulty of coalition has brought in, including providing additional differentiating between the different types of law police and protective services officers, that endeavour practices and the costs and difficulty of differentiating to reduce crime in this state by restoring respect for law between the different types of matters handled by law and order. We do not accept the assumption that practices. somehow by doing that we will be creating unnecessary work for the courts. Yes, there may be work for the Clause 13 of the bill adds judicial education as a courts in bringing people to justice, and whether or not purpose for which the legal services board may grant they are guilty will be a matter for the courts, but the money from the distribution account of the Public purpose of this law and order agenda needs to be spelt Purpose Fund with the approval of the out very clearly, and it has been. But given that it was Attorney-General. This is another important aspect that raised again we will spell it out again. may not necessarily need to have been specifically added, but, given the importance of having allocations The purpose of this agenda is to re-engender respect for of funding appropriately documented and clearly within law and order and therefore reduce crime. It primarily the head of power, it is important to add that aspect of protects the community and therefore ultimately judicial education. reduces the call on many government services, including hospitals, health care and police, and The last two changes in the bill are to permit the legal services board to delegate certain functions in relation
LEGAL PROFESSION AND PUBLIC NOTARIES AMENDMENT BILL 2012
1664 COUNCIL Tuesday, 27 March 2012 to setting professional indemnity insurance community-minded way. When we are talking about requirements. It also makes amendments to the Legal hard times, about banks and service providers et cetera, Profession Act of a statute law revision nature in order it is important that all this goodwill in their legal to correct minor technical errors and to repeal departments also extends up the tree to the various unnecessary provisions. corporate departments as we deal with a more challenging international economic environment. We I must thank and commend Ms Pennicuik, who has look forward to further reductions in red tape and identified what I am advised is an error in the statement further reductions in crime as a result of the steady of compatibility. I think she mentioned two possible work of this Baillieu-Ryan coalition government. errors: we accept the first correction but not the second. As on my copy, the first error is that what is shown as Mr EIDEH (Western Metropolitan) — I rise to clause 15 on the printed copy should be clause 16. I speak on the Legal Profession and Public Notaries again commend Ms Pennicuik on her work. She is Amendment Bill 2012. As we have already heard — working up towards that honorary law degree that she but it is well worth repeating — the purposes of the once, I think, volunteered for. Either that or she is Legal Profession and Public Notaries Amendment Bill becoming a bush lawyer, which is another are to amend the Legal Profession Act 2004 to permit complimentary title I most frequently impose on the corporate legal practitioners to engage in legal practice member for Rodney in the Assembly, Paul Weller. But on a pro bono basis — I repeat that part: pro bono; to it is important in relation to acting for other people that change the annual reporting requirements of the Legal you do not do so unless you have appropriate public Services Board; to provide an additional basis on which indemnity insurance and professional indemnity the legal services commissioner may dismiss a insurance. In relation to that error, it is well spotted and disciplinary complaint; and to empower the corrected for the record. commissioner to suspend or decide to take no further action in relation to an investigation. Finally, the bill also makes amendments to the Public Notaries Act 2001 to provide a new eligibility ground Each and every aspect of this bill has the support of the for appointment as a public notary. A person must not opposition. That should not be a surprise to anyone, as be appointed as a public notary unless they have the Australian Labor Party has always championed satisfied the board of examiners that they are a fit and consumer rights, advocated for social justice and proper person for appointment. That is in clause 16, defended the rights of all people in our community. We which will insert the new ground for eligibility into support this bill because at long last — and as the next section 4 of the Public Notaries Act. Clause 17 amends logical step for the Legal Profession Act, which Labor section 5 of the Public Notaries Act to indicate the promoted — we progress towards improved standards types of matters the board of examiners must have of justice and supporting the community through regard to when assessing the fitness and propriety of an allowing more lawyers to offer pro bono work. The sad applicant for appointment — namely, whether the part of the bill before us is, as the Law Institute of applicant has been suspended from legal practice, Victoria clearly identified, the failure to allow whether the applicant has ever been found guilty of government lawyers to also offer pro bono work. unsatisfactory professional conduct or professional misconduct as defined under the Legal Profession Act Pro bono means free. It means helping those who may or any corresponding law or whether the applicant is not be able to afford lawyers and either fall outside the subject to any outstanding disciplinary complaints criteria for legal aid or simply need a high-quality within the meaning of the Legal Profession Act or a lawyer. But, of course, there are those who do even corresponding law. Clause 18 is a new transitional more. I think, for example, of Sam Agricola, a resident provision, which provides that the amendments made of my electorate. He is president of the business by clauses 16 and 17 apply only to a person who association in St Albans, where he has a successful applies for a certificate of eligibility after the legal practice, and he is highly regarded as a competent commencement of those sections. and capable lawyer — one who gives 20 per cent of his time to pro bono work. That is extraordinary; it is a In conclusion, we thank the opposition for not opposing great positive for the legal profession. I hope more the bill. The government commends the work of the lawyers will consider how they can do even more for various and many practitioners already conducting the community. pro bono work. We welcome the extension of that capacity to the work of these new corporate legal I would also like to pay my respects to the Public practitioners, and we urge them to encourage their Interest Law Clearing House, where noted media organisations to continue to operate in a identity Jon Faine has frequently contributed work in
LEGAL PROFESSION AND PUBLIC NOTARIES AMENDMENT BILL 2012
Tuesday, 27 March 2012 COUNCIL 1665 the past, and the Federation of Community Legal The bill amends the Legal Profession Act 2004, and it Centres Victoria, which is noted for such great removes the legislative restrictions that prevent consumer lawyers as Denis Nelthorpe, who also lives in corporate lawyers from volunteering their services for my electorate. These organisations are role models for pro bono legal work other than with community legal pro bono work, helping others and putting justice and a centres. The definition of ‘corporate legal practitioner’ fair go before anything else. is amended to permit corporate lawyers, defined as in-house counsel for businesses, community But there is another aspect of this bill which I do not organisations and government, to provide those believe I have heard about from any other speaker. I pro bono legal services so long as they have a practising believe an indirect but positive consequence of the certificate and the required public indemnity insurance. extension of pro bono services will be that senior very The bill contains provisions for the Legal Services experienced lawyers will work alongside the less Board of Victoria to delegate functions in relation to experienced — community legal centre lawyers and setting professional indemnity insurance requirements. others — who will benefit significantly from their greater experience and expertise. Such mentoring can The bill also reduces red tape, as Mr O’Brien talked only improve the practice of law and the delivery of about in his contribution. It allows the legal services justice. There will also be the opposite effect, where commissioner to summarily dismiss or take no further senior in-house lawyers will learn a great deal about, action on an investigation of a disciplinary complaint dare I say, average, everyday problems. This where the commissioner considers there is no public knowledge will make them even better lawyers. interest in further action, based on the practitioner having already been struck off the Supreme Court roll. While the pro bono aspect of this bill is its key feature, the bill also makes a number of changes to the Legal The bill amends the Public Notaries Act 2001, as Services Board of Victoria that will further enhance its Mr Eideh pointed out, to make it clear that a person operation. The opposition supports these reforms and must satisfy the board of examiners that he or she is a commends the Attorney-General for bringing them fit and proper person for appointment. The factors that before us. Changes to the Public Notaries Act 2004 are need to be taken into account by the board of examiners also a positive step forward, and the opposition will not include whether the applicant has ever been suspended be opposing them. While justices of the peace may be from legal practice, found guilty of unsatisfactory regarded as performing similar roles to notaries and at professional conduct as defined in the 2004 act or under no cost, there is a critical distinction here: notaries have a corresponding law, or has any outstanding international recognition and are extremely important disciplinary complaints. for members of migrant communities who need to have documents certified or witnessed before sending them This bill is evidence that the Baillieu government is overseas. The changes in this bill strengthen the already committed to reducing regulatory burdens, boosting high standards for notaries and only add to that productivity and opening up opportunities. The international recognition. restrictions currently in place are an unnecessary burden on the legal profession, and this bill removes In conclusion, this bill takes many positive steps in the that red tape. It enhances the ability of the legal areas of justice and legal representation. While I profession to use its unique skills and knowledge for support the bill, I am concerned that legal indemnity the benefit of the community. insurance could have been included and also that government lawyers should be allowed to perform Pro bono work is something that should be encouraged pro bono work. in the community. The previous legislation placed unnecessary restrictions on certain lawyers providing Mr ONDARCHIE (Northern Metropolitan) — I this service to the community. My previous role was in rise today to speak on the Legal Profession and Public business, and my business provided pro bono services Notaries Amendment Bill 2012. I commend my to organisations and individuals in need, including colleague Mr O’Brien and others in the house. not-for-profit and community organisations, churches Mr O’Brien summed it up when he said this bill is and people in difficult circumstances who needed about assisting others and allowing lawyers to help support or who simply did not have the resources to whomever they can, particularly the needy and those fund their required level of support. That is what makes who have difficult cases. Mr O’Brien is a lawyer from this such an interesting and important bill. the bush rather than a bush lawyer. I welcome his contribution today. This bill allows often highly qualified lawyers to provide assistance to individuals or organisations who
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1666 COUNCIL Tuesday, 27 March 2012 have a meritorious claim but lack the resources to the Legal and Social Issues Legislation Committee, of support their case. Mr O’Brien spoke a lot about that in which I am a member. The reasons for doing so are not the chamber not long ago. The bill also represents a clear; however, as a member of that committee I win-win for the legal fraternity — reducing red tape certainly welcome the opportunity to finally have a through the removal of unnecessary regulation and piece of legislation for this committee to consider. After expanding the scope of legal support available. An 15 months of the Baillieu government and this upper example, as Mr O’Brien touched on, is corporate house legislation committee being in operation, we lawyers providing assistance in cases of emergency finally have a piece of legislation to consider. I do such as floods and bushfires. The people in my wonder, however, whether there is some drafting flaw electorate of Whittlesea still live with the effects of that in the bill that has caused the government to refer the tragic bushfire of 2009, as do communities such as bill to the committee. Kinglake, Kinglake West, Strathewen, Arthurs Creek and Marysville. Here is an opportunity to support I particularly raise that issue in light of the fact that the communities such as those. bill was brought to the Parliament four months ago. It was introduced in the Legislative Assembly on Perhaps the final words of my contribution should be a 8 November 2011. If there had been a problem with the quote from George Toussis, senior legal counsel for bill, there would have been ample opportunity for the Hewlett-Packard Australia, who said: government to have addressed that issue through proposing amendments in the Legislative Assembly. There is a great sense of satisfaction in being able to apply our The bill has passed through the lower house, and it is skills to those less fortunate than ourselves. now being debated in the Legislative Council. That really goes to the nub of what this bill is all about. It is about supporting those who do not have the I look forward to getting some further clarification as to necessary resources to support themselves through the the reasons why this bill is going to be sent to the legal process. I commend this bill to the house, and I committee, particularly, as I understand, as the Law encourage its speedy passage. Institute of Victoria has not raised any objections to the changes proposed in the bill. That was the advice the Motion agreed to. opposition received at the departmental briefing on this bill. As I understand it the law institute’s position, Read second time; by leave, proceeded to third which was expressed in 2009 to the Department of reading. Justice, was that it did not believe there was any practical purpose being served by the adoption of the Third reading convention. If those at the institute think there is no purpose being served in this respect, it would be Motion agreed to. interesting to know what argument would be put in Read third time. relation to why this bill should go to the Standing Committee on Legal and Social Issues Legislation Committee. I will certainly be seeking some WILLS AMENDMENT (INTERNATIONAL clarification of those reasons from the government WILLS) BILL 2011 when the bill is discussed in the committee. I will be very keen to seek the views of the law institute and Second reading other legal professionals about the matter.
Debate resumed from 15 March; motion of As I understand it, this is a relatively straightforward Hon. G. K. RICH-PHILLIPS (Assistant Treasurer). bill. It is significant, because wills have been a fundamental part of our legal landscape in the English Ms MIKAKOS (Northern Metropolitan) — The legal system for millennia. The oldest known will in the opposition does not oppose this bill. I am pleased to be world belonged to an Egyptian man and dates back to able to speak on it, as it is a bill that originated some 2600 BC. I understand from the knowledgeable, time ago as part of a SCAG (Standing Committee of authoritative source known as Wikipedia that the Attorneys-General) process that was supported by the longest ever will was over 1000 pages long and the previous Labor government. shortest was only 3 words long. Wikipedia says that the shortest known legal wills are those of Bimla Rishi of I note that it was only earlier today that the Leader of Delhi, India, who said ‘All to son’, and Karl Tausch of the Government gave notice that at the conclusion of Germany, who said in his will, ‘All to wife’. Both of the second-reading debate the bill would be referred to those wills contained only three words. Writing those
WILLS AMENDMENT (INTERNATIONAL WILLS) BILL 2011
Tuesday, 27 March 2012 COUNCIL 1667 three words is a pretty innovative way to dispose of Niger, Portugal and Slovenia. It is also in force in a your assets after your death. It usually takes a few more number of Canadian states. words than that, and during my time as a legal practitioner I had the opportunity to assist clients to Under our Australian constitution, becoming a prepare their wills. They are very important documents, signatory to an international convention does not because they provide an opportunity for people to plan automatically mean that the convention becomes part of for the future and make their wishes clear as to the our domestic law, which is why this bill is before us. In transfer or disposal of one’s property upon their death. July 2010 the decision was made by the Standing Committee of Attorneys-General to formally accede to The issues which have given rise to the introduction of this convention. It is necessary for each of the states and this bill to the Parliament are about the multicultural territories to formally adopt the provisions of the nature of our nation. Those issues are particularly convention into state law. It was agreed at that SCAG relevant to our state of Victoria, which has a large meeting that all Australian jurisdictions would adopt multicultural community with over 40 per cent of this uniform law as their local law. Once this bill has residents either having been born overseas or having at passed in Victoria and other jurisdictions have passed least one parent who was born overseas. All of us have their bills, we will be able to formally recognise diverse electorates which have people from many international wills across Australian jurisdictions. different backgrounds, faiths and languages. My electorate of Northern Metropolitan Region is The bill amends the Wills Act 1997 to align Victorian particularly diverse. law, and thus wills made under that act, with the uniform law of the convention. The bill includes the Many people who have migrated to Australia have convention as a schedule to this bill. In particular, decided to call Victoria home; however, they still have article 1 of the uniform law is a key provision. It strong connections with their homelands, which include provides that, irrespective of the place where a will is the ownership of land and other assets. For these made, the location of the assets and the nationality, Victorians to own an overseas property may not have domicile or residence of the testator of the will, if it is impact on their day-to-day lives, but it may become a made in the form of an international will complying burden to them when they are seeking to create a will. with the provisions contained in this uniform law, the At the moment many of these individuals would have will is valid. It goes on to list a range of provisions legal expenses and would have to travel overseas, which are very similar to those applying to making which is time consuming, in order to establish a valid domestic wills — for example, the will needs to separate will for the disposal of their assets. That may be made in writing, be properly witnessed et cetera. be financially impossible for many. There are, however, some differences between what is required for making valid domestic wills and what is In response to this issue the International Institute for required for making international wills, and I will come the Unification of Private Law, also known as to those in a moment. UNIDROIT, developed an international convention on wills which was signed in Washington, DC, in 1973. The proclamation and commencement of this bill will As the Attorney-General outlined in the second-reading occur after the convention has come into force — that speech: is, as I understand it, six months after Australia accedes to the convention. Because every jurisdiction in the UNIDROIT … is an intergovernmental organisation that country needs to pass equivalent laws on this formulates uniform law instruments aimed at harmonising and coordinating private laws between countries. convention or uniform law, there is the real possibility that the provisions of this bill may not come into force The convention aims to eliminate the issues that may for some time yet. However, once it comes into force, it arise when establishing a will across international will be very useful. borders, including where a person making a will wishes to deal with the disposal of assets in another country or Clause 5 of the bill inserts a new division into the Wills when a person seeking to make a will has as their Act, titled ‘International wills’, which includes a new residence a country which is different to the country in section 19D. This proposed section outlines that the which the will is to be executed. According to the legal requirements for witnesses to wills, now including International Institute for the Unification of Private Law international wills, remain those as determined by there are currently around 20 signatories to this Victorian law. The issues around the capacity of the convention, which include Belgium, Bosnia and will-maker, or testator, remain the same as they are Herzegovina, Cyprus, Ecuador, France, Italy, Libya, under Victorian law. Issues to do with the construction of the terms of a will also are not changed. They
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1668 COUNCIL Tuesday, 27 March 2012 continue to be matters that are dealt with by existing inserted by clause 6 into the Wills Act 1997 as a Victorian law. schedule.
The main difference between the making of a will As far as we know, the countries that have ratified the under Victorian law and the making of an international convention include Belgium, Bosnia and Herzegovina, will comes as a result of new section 19C, headed Canada, Cyprus, Ecuador, France, Italy, Libyan Arab ‘Persons authorised to act in connection with Jamahiriya, Niger, Portugal, Slovenia and the former international wills’. This new section specifies that Yugoslavia. Others that have signed but not ratified the international will-makers must also declare the will in convention include Iran, Laos, the Russian Federation, the presence of an authorised person who must be a Sierra Leone, the United Kingdom and the United legal practitioner or a public notary. It also requires this States of America. I would be interested to learn if the authorised person to attach to the will a certificate government knows of any other countries that are verifying that all proper formalities have been planning to or are looking as if they are going to ratify undertaken in relation to its construction. the convention. Mr O’Brien might address that in his contribution. In conclusion, the opposition does not oppose this bill. As I said, it is part of a process that commenced whilst All other matters related to wills — for example, legal Labor was still in government. Once all the other capacity to make a will or the construction of the terms jurisdictions have passed the uniform law and signed up of a will — will continue to be dealt with under to it in their respective parliaments, international wills Victoria’s existing Wills Act 1997. The main difference will have legal validity under Victorian law and be between wills prepared under this bill and those recognised as a valid form of will by our courts and the prepared under existing laws is that a will-maker must courts of other states that will be party to this declare the international will in the presence of an convention. It will be an important reform once it is authorised person who is an Australian legal adopted. I certainly look forward to hearing in the Legal practitioner or a public notary. Interestingly, public and Social Issues Legislation Committee whether there notaries are the subject of a bill that members have just are concerns that stakeholders have about this bill, debated. The authorised person must attach a certificate because I am not aware of any at this point in time. stating that the proper formalities have been performed, and that certificate makes the international will valid. Ms PENNICUIK (Southern Metropolitan) — The Greens will be supporting the bill and its referral to the I was very interested in what Ms Mikakos had to say Legal and Social Issues Legislation Committee. Like about the history of wills. It is very important that the Ms Mikakos, I have only just been informed of that desires and wishes of a person making a will are carried referral, and I am not quite sure of the reason or reasons out. This bill will assist with the issues I mentioned for it. However, if there are issues — and I am before — that is, residents of countries other than where interested to hear Mr O’Brien raise those issues during the will was made and where assets are located his contribution — it is good practice to refer bills to overseas. Ms Mikakos’s contribution made me think of that committee. a historical will that I remember — that of William Shakespeare. He left his wife, Anne Hathaway, his This bill basically adopts into Victorian law the second-best bed. That was taken by many people to be UNIDROIT (International Institute for the Unification not the greatest thing he could have left his much-loved of Private Law) Convention providing a Uniform Law wife, but in fact when you look into the historical on the Form of an International Will, which was signed record someone’s second-best bed was the best thing in Washington, DC, on 26 October 1973. Model they could leave someone, so in fact it was a good thing legislation on which this bill is based was agreed to by that he left his wife, Anne Hathaway, his second-best the Standing Committee of Attorneys-General in 2010. bed. It is interesting that the will of William Shakespeare is one of the few documents about him The bill basically affords legal protection to and that are extant. There are not a lot of documents that he recognition of wills that have cross-border issues, such signed during his life that are left, apart from a couple as those made by residents of countries other than that of legal documents for the purchase of property where the will was made or those where assets are et cetera. That is why he is such a mysterious figure. I located overseas. The convention provides a specific digress. form for an international will which is additional to that for a domestic will, and that form will be recognised by Returning to the bill, research by the Greens has not courts that are parties to the convention. The form is unearthed any issues with the bill except those that were raised by the Law Institute of Victoria, which I
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Tuesday, 27 March 2012 COUNCIL 1669 will return to in a moment. UNIDROIT is an The bill has been well summarised by speakers in the intergovernmental agency which is based in Rome, and other place and the speakers before me in this place. its website states: The bill amends the Wills Act 1997 to adopt the UNIDROIT (International Institute for the Unification Its purpose is to study needs and methods for modernising, of Private Law) Convention providing a Uniform Law harmonising and coordinating private and in particular commercial law as between states and groups of states and to on the Form of an International Will 1973, otherwise formulate uniform law instruments, principles and rules to known as the convention or the uniform law. In doing achieve those objectives. so it also implements a decision of the Standing Committee of Attorneys-General, or SCAG, in July This seems a good thing. It appears that through the 2010, whereby all Australian states and territories agreement of the Standing Committee of agreed to adopt the uniform law into their local Attorneys-General (SCAG) in 2010 that Australia is legislation. I am pleased to say Victoria is the first agreeing to cooperate in this exercise. jurisdiction to bring a bill into its Parliament to adopt We know the Law Institute of Victoria wrote to the this very important international convention, or the Department of Justice in August 2009 about this issue, uniform law, into its local legislation. and I have read the letter, but the main point of the The primary objective of the convention is to eliminate letter was that complying with the convention was problems that occur when you have cross-border issues unnecessary. The letter states that when making an affecting a will. Cross-border issues are issues that have international will it is an onerous and time-consuming concerned many members of The Nationals and my requirement to obtain a certificate from an authorised coalition colleagues for many years in many areas, and person, that the Wills Act already has foreign wills they extend to issues crossing borders beyond the provisions which Victoria’s jurisdiction extends over state’s jurisdiction to international borders and wills as in sections 17, 18 and 19 and that lawyers can international assets. These issues can occur with a will practically operate under those provisions. The letter where the will has been executed in an international also makes the point that the Supreme Court of Victoria jurisdiction, where the assets are located in an can adjudicate on the matter. At that time the law international jurisdiction or where the will-maker’s institute could see no practical purpose being served by country of residence is different to the country in which the adoption of this convention. I think they were valid the will was executed. points to raise, and maybe they are points that can be raised if the bill is referred to the Standing Committee The bill will provide a vehicle for international wills to on Legal and Social Issues. I am not sure if the be considered and enforced in accordance with the concerns and queries raised by the law institute remain other countries and states that will adopt the uniform its view, and it could certainly clarify them during any legislation. This arrangement works alongside the potential committee inquiry into the bill. existing Wills Act and Victorian probate and will requirements, so that the international will in effect will However, this is a legitimate international issue being be recognised in terms of probate. It is designed to sit dealt with cooperatively in Australia, and it would not alongside the existing regime. The sitting alongside be practically feasible for Victoria not to follow this aspect and the necessity of undertaking this exercise path if every other Australian jurisdiction is following were the principal concerns of the Law Institute of it. I would be interested to know if the government Victoria. I am advised those concerns remain, but I will speaker could enlighten us as to the status of the other turn to that shortly. states of Australia with regard to implementing the provisions of the convention and the uniform legislation An international will that complies with articles 2 and 5 as agreed to by SCAG in 2010. With those comments, of the uniform law will be recognised as a valid form of we will support the bill. will by the states and countries that are party to the convention, irrespective of where the will was made Mr O’BRIEN (Western Victoria) — It is with great and the location of the assets. The international laws pleasure that I rise to speak on the Wills Amendment operating in foreign countries will not have to be (International Wills) Bill 2011, and I note that the examined to determine whether the will has been opposition will not be opposing the bill nor opposing properly executed. the anticipated motion to refer the bill at the conclusion of the second-reading debate to the Standing Under this bill the formalities required for making an Committee on Legal and Social Issues, of which I am a international will are similar to the requirement for member. other wills under the Wills Act — for example, they must be in writing and must be signed in the presence
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1670 COUNCIL Tuesday, 27 March 2012 of the will-maker and two witnesses. It is also important Portugal, Slovenia and the former Yugoslavia. These to note that article 6 states that the will must be signed are countries that will recognise international wills on each page by the testator, or if they are unable to made in Australia, and they are countries whose sign, by the person signing on his or her behalf, or if international wills Australian jurisdictions will also there is no other person, by the authorised person. In recognise once the convention comes into force here. addition, each sheet must be numbered. The following state parties have signed the convention, but it has not yet come into force: the Holy See, Iran, A key difference between an international will and Laos, Russia, Sierra Leone, the United Kingdom and another form of will is that the maker of the the United States of America. The United Kingdom has international will must also declare the will in the prepared legislation to adopt the uniform law in presence of an authorised person who must certify that anticipation of the convention coming into force. The the formalities required by the uniform law have been Australian Capital Territory has also introduced its own met. An authorised person’s certificate is then attached bill, and other states and territories are intending to to the international will. In the absence of contrary proceed by mid to late 2012. evidence, the certificate of the authorised person will be conclusive evidence of the formal validity of the will This takes me to an issue that has been raised by both and will be accepted in Victorian courts. A uniform will Ms Mikakos and Ms Pennicuik — namely, the reasons does not deal with issues such as capacity of the for referral of this bill to the Legal and Social Issues will-maker; these remain a matter of evidence for the Legislation Committee. I am advised that the reason is satisfaction primarily of the witnesses, those who draft that Victoria is the leading state in the country in the wills and those responsible for the will’s execution and adoption of uniform law and the law will not be able to the construction of the terms of the will. come into effect until the other states have adopted it. It is important that legislation such as this, which is very The formalities required for a will to be an international beneficial, be given consideration. It is appropriate that will under the uniform law also require that the will this bill be referred to the committee so that its benefits cannot be a joint will, so each person must have a as well as any potential criticisms or concerns can be singular will. As I have said, the will must be in considered. These include the concerns of the Law writing, it must be declared by the will-maker before Institute of Victoria (LIV). two witnesses and an authorised person, and it must be signed by the will-maker and the signature I will turn to some of matters that it has identified, but acknowledged in the presence of two witnesses and the before doing so I should say that the Supreme Court authorised person. If the will-maker is unable to sign and the Victorian Bar Council remain supportive of the the will, the authorised person must note on the will the bill. They have noted that the uniform law simply reason for the will-maker’s incapacity. requires that the court be satisfied that the bill complies with the uniform law rather than the relevant foreign Those formalities in the uniform law will not affect the law. This issue removes the requirement to apply validity of a will under Victorian law if for some reason complex conflict-of-laws rules to determine the primary those signatures have not been properly executed under issue of whether the will is in a valid form. the international law or if the formalities have not been complied with. An international will will not The LIV and State Trustees both initially argued that it necessarily be rendered invalid if those requirements was not necessary for Victoria to adopt the uniform have not been met. As I said, if it is rendered invalid law, given the existing provisions in the Wills Act and because it does not comply with the required the limited effect of the uniform law in only applying to formalities, it may still be valid under Victorian law. By the form of the will. State Trustees has reviewed the bill way of example, it may be a will to which foreign laws and advised that it will achieve the purpose of giving apply, the validity of which can be determined under effect to the convention under the law of Victoria, that division 6, part 2, of the Wills Act 1997. the bill clearly sets out the formality requirements for the making of an international will and that it gives a I am receiving advice on this matter, but as far as I am clear description of the persons authorised to act in aware Victoria is the first state in Australia to bring a connection with an international will. I can advise, bill like this into its Parliament. There are currently though, that despite this decision by SCAG the LIV 12 state parties to the convention and an additional remains of the view that the international wills regime 8 signatories. The following state parties have is unnecessary because it imposes more burdens and legislation that has already come into effect: Belgium, formalities on will-makers than are otherwise required Bosnia and Herzegovina, numerous Canadian under the Wills Act. The LIV also argues that the provinces, Cyprus, Ecuador, France, Italy, Niger, uniform law would be of limited benefit, given that
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Tuesday, 27 March 2012 COUNCIL 1671 only certain countries are party to the convention and I was reminded again of the importance of fresh waves because complexities will still arise when considering of understanding in the area of immigration in poignant the construction of a will executed in a foreign place. terms today during the moving state funeral for the late Jim Stynes, which I attended. His brother Brian Stynes In response to this, the thing to note is that all states and commenced and concluded his eulogy in Gaelic. As territories have agreed, through SCAG, to adopt the co-convenor of the Australian-Irish parliamentary uniform law into their local laws to allow Australia to friendship group and as a Melbourne supporter and accede to the convention. We have a situation where we great admirer of Jim’s, along with everyone else, I go with the rest of the states and territories or we sit on found it was a moving ceremony. In relation to the it alone. In relation to an international will that sits specifics of this bill, something the late Jim Stynes said alongside it, the preferred thinking of the government is on the video that was played — I think it was his that it is best, whilst still protecting the existing regime, closing comment — sat with me as of great moment. It to adopt this law and allow this international will to be was that he had had a meeting with the Dalai Lama and available to persons wishing to avail themselves of its that what he had gained from it and indeed from his benefits. This is simply an additional form of will; it is illness was the importance of dealing with death as an not mandatory. However, if a will-maker chooses to essential and important part of life. make their will an international will, they must meet the specific form and process requirements for that will to That is something that applies not just to the discussion be valid, as is prescribed in the uniform legislation. of wills. The same committee of which I am a member, the Standing Committee on Legal and Social Issues, is An international will may be an additional form of also presently considering and debating issues in foreign will — that is, a will made overseas — but it relation to organ donation, which is another aspect of will sit alongside other foreign wills recognised by the morbid or black consideration relating to death and Wills Act. The Supreme Court will still be able to which is also important to be considered in furthering consider the validity of a foreign will that is not an life. I would urge all Victorians to embrace Jim international will. However, an international will will Stynes’s words and deal with issues relating to death as be made in compliance with the uniform law, which bravely as they can and to bring forward discussions will remove the need for the court to determine whether with their families in relation to aspects of assets and jurisdictions’ rules should be applied to determine wills, whether they are within Victoria’s jurisdiction or whether the will was validly executed. As the uniform overseas. Certainly if one does not have any assets, one law goes only to the issue of the formality of a will to does not necessarily need to make a will, but when be admitted to probate in Victoria, it does not affect the people leave behind assets unfortunately they can bring substantive law to be applied to the administration of families into conflict. That has been particularly estates and assets in Victoria or the rules about the heartbreaking in relation to many farming families and construction of wills. communities. It is best dealt with through early discussions, family and estate planning, living wills and The government considers it appropriate to send this now the vehicle of the international will. bill to the Legislative Council committee for review so that it can consider these issues and other issues in In conclusion I will pick up and continue the theme of relation to the detailed provisions of the bill. Given that quoting epitaphs started by the other co-convenor of the Victoria has led the country by bringing this bill into its Australian-Irish group, Frank McGuire, the member for Parliament, hopefully it will enjoy careful consideration Broadmeadows in the other place. Rather than and an appropriate assessment or otherwise by that Shakespeare, I prefer to quote Spike Milligan’s epitaph, committee. which I remember. It is again a form of black humour, but it brings out the importance of having discussions in I wish also to support Ms Mikakos’s comments and relation to death while a person is alive. His famous those of other speakers in relation to the importance of epitaph — and I will read it in Gaelic, so forgive me, the bill in terms of its multicultural or international because I do not know how to pronounce it in Gaelic — aspects and in relation to reconfirming Victoria’s is: ‘Dúirt mé leat go raibh mé breoite’. It means ‘I told commitment to multiculturalism and the important you I was ill’. I am reminded of another epitaph, which issues that apply to all Victorians, whether they are of a friend of mine said was another Irish black-humoured indigenous, colonial or recent immigrant heritage and epitaph or blessing: ‘May you die in bed aged 99, or be whether or not they have assets within Victoria or shot by a jealous mistress’. I leave you, Acting overseas. President Finn, with that particular blessing, and I commend the — —
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The ACTING PRESIDENT (Mr Finn) — Order! It is important for families to know that their final That could be construed as a reflection on the Chair. wishes can be executed in a valid and legally However, I will allow the member to continue. enforceable document. I support the bill, and I am pleased the government has taken this step towards Mr O’BRIEN — I meant it in goodwill, and if you legislating uniform processes that will assist grieving do die in bed aged 99, that will be sufficient for many families to rightfully access estates and/or property left of us. May you contribute in this chamber long into by their predecessors. This legislation continues the those years, Acting President. momentum that was established under the previous government. Returning to the bill, I note this is an important bill, one appropriate for referral to the Legislative Council Ms CROZIER (Southern Metropolitan) — I also committee. I commend it to the house. am pleased to rise and speak on the Wills Amendment (International Wills) Bill 2011. Other members in the Mr ELASMAR (Northern Metropolitan) — I rise to chamber who are in support of this bill have raised the speak on the Wills Amendment (International Wills) point that although it is relatively minor in terms of its Bill 2011. As my colleague Ms Mikakos already technical nature, it will have major implications for indicated to the house, we are not opposing the bill or many people throughout Victoria. I commend the the referral to the Legal and Social Issues Legislation Attorney-General for bringing it to Victoria’s attention Committee. The bill’s objective is to standardise and into the Parliament last November. I understand the Victorian law, as it pertains to present-day Victorian Australian Capital Territory has also adopted a similar wills under the existing Wills Act 1997, with the bill, and other states are in the process of undertaking prevailing international conventions concerning that as well and will be doing so later this year. cross-border protection of wills and with the 1973 uniform law on international wills. It was interesting to listen to Ms Mikakos’s contribution and her opening remarks, in which she described the The fact that a nation state is a signatory to an importance of a will. I think we would all agree that a international convention does not automatically mean will is extremely important, and I, like Mr O’Brien, that the convention becomes local law. That is why highlight the importance of urging everybody to make a Victoria, in conjunction with the rest of Australia, is will. Ms Mikakos highlighted a definition from standardising the international wills law. The passage of Wikipedia and gave a bit of background about how this bill will codify and uphold Victoria’s commitment, long wills have been in existence. It is quite fascinating made through the Standing Committee of to think that wills, or the process of wills, have been Attorneys-General. It will represent, when joined with around for as long as they have and have stood the test the bills of other Australian states and territories, of time. That was a very interesting bit of background finalisation of the recognition of the international wills information. In this day and age, when we live in a convention and of Australia’s accession to the so-called global village where technology and convention. Put in plain English, this means an communication are extremely important, this piece of international will shall be recognised as valid by legislation and this reform will enable the process of Victoria for the purposes of deceased estates, whether wills and will making to have more relevance to those those estates are in Victoria or overseas and whether the people to whom it applies. deceased person who made the will lived here in Victoria or overseas. By way of background in relation to what this bill will do, as has already been highlighted, it amends the Wills Importantly, according to the International Institute for Act 1997 to adopt into Victorian law the uniform law the Unification of Private Law, the convention is contained in the UNIDROIT (International Institute for currently in force in Belgium, Bosnia and Herzegovina, the Unification of Private Law) Convention providing a Cyprus, Ecuador, France, Italy, Libya, Niger, Portugal Uniform Law on the Form of an International Will, a and Slovenia. It is also in force in the following convention that was signed in Washington, DC, in Canadian states: Manitoba, Newfoundland, Ontario, 1973. The bill does this as part of Australia’s Alberta, Prince Edward Island, New Brunswick and responsibility under that convention. Australia has been Nova Scotia. Other signatories to the convention are: a member of UNIDROIT since 1973. the Holy See, Iran, the Russian Federation, Sierra Leone, the United Kingdom and the United States of The primary objective of the convention is to eliminate America. problems that arise when cross-border issues affect a will, where a will deals with assets located overseas or where the will-maker’s country of residence is different
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Tuesday, 27 March 2012 COUNCIL 1673 to the country in which the will is executed. This bill provide a simplified process to individuals who have fulfils Victoria’s obligation to the UNIDROIT assets in multiple jurisdictions. Convention providing a Uniform Law on the Form of an International Will. It will enable Victoria to be in In conclusion, no matter where somebody has come line with the law of the UNIDROIT member nations from or the language they speak, it is good for them to that are signatories to that convention. know they are able to have an international will so that their assets and property will be disposed of in the As has been highlighted, a number of countries are manner they wish. I would urge all Victorians to ensure signatories to the convention. The convention has been that they have a legitimate will to ensure that, following ratified in Belgium, Bosnia, Herzegovina, Cyprus, their death, their assets and wishes are recognised. I Ecuador, France, Italy, Nigeria, Portugal, Slovenia and commend the bill to the house. some Canadian states. I also understand that the United States and the United Kingdom are signatories but have Hon. M. P. PAKULA (Western Metropolitan) — I not yet ratified the convention. This convention pertains rise to speak briefly on this bill, and I do so as part of to a number of countries, and for the Victorian the 40 per cent Ms Crozier referred to, because my community — which is a large multicultural mother was born in the former Union of Soviet community made up of people from all parts of the Socialist Republics. It also just occurred to me as I world — it will give peace of mind to those people who listened to Ms Crozier summing up that I do not yet can apply this legislation to those areas they may have have a will of my own, which is probably an oversight. come from. I think it was Ms Mikakos who reminded the chamber that 40 per cent of the residents of Victoria Mrs Coote interjected. were either born overseas or have a parent who was Hon. M. P. PAKULA — I say to Mrs Coote that it born overseas, so this piece of legislation may is not a function of any eternal life fantasy; it is just a potentially affect a significant number of people. function of slackness on my part and the fact that I have As has also been said, members all have electorates very few assets to distribute. made up of large multicultural and diverse Honourable members interjecting. communities. Essentially, this aspect of the bill will enable those people to have peace of mind when they Hon. M. P. PAKULA — I will take all that on are disposing of and distributing those assets, should board, Mrs Coote. I am sure I will not require your they have assets in other jurisdictions. It will give those assistance. people and their families the ability to distribute their assets and property in a far more succinct way. I want to address one element of this debate, which is the question of the referral to the Standing Committee As has also been highlighted, this legislation has been on Legal and Social Issues Legislation Committee of in train for some time. It was put in place back in July this house. I want to address it because of what I see as 2010, when there was a decision of the Standing the curious nature of this referral, even though the Committee of Attorneys-General from all states and opposition will not be opposing it. In his contribution territories to adopt the uniform law into local Mr O’Brien alluded to the reasons, it seems, for the legislation. It will allow Australia to formally accede to referral — this being a beneficial bill, the benefits the convention, and it will provide a consistent needing to be properly considered but also as a result of approach to the recognition of international wills across some potential criticism and concern particularly all Australian jurisdictions. As has been highlighted, I emanating from the Law Institute of Victoria. think there is a time lapse of around six months for that to take place, as it needs all Australian jurisdictions to My question, and I think it is one that has not been have passed similar laws. The convention states that thoroughly addressed, is: what has changed? From the that commencement should take place after a nation has departmental briefing we had, it was pretty clear that acceded, so we look forward to other states and any concerns the law institute had with this bill were territories partaking in that process later this year. fully known to the government before the bill was introduced into the other place. For the government to Hon. M. P. Pakula — Partaking of. be aware of those concerns and to introduce the bill, pass it through the Assembly, second read it in the Ms CROZIER — I thank Mr Pakula for that Council and then refer it on seems a bit curious. What correction. This bill is a relatively straightforward, we are left wondering is whether or not there is some technical bill that will provide great peace of mind to other problem with the bill that the government has not many people across Victorian communities. It will yet revealed. Mr O’Brien made a point of the fact that
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1674 COUNCIL Tuesday, 27 March 2012 we are the first state to bring such a bill to Parliament. Mr O’Brien interjected. We hope, in being the first, the government has not, yet again, rushed it to the point where it requires alteration Hon. M. P. PAKULA — Mr O’Brien says the law or rushed it without properly considering all the institute has raised it with us. It raised it with the consequences. We do not have any greater clarity on department before the bill was introduced, but the point that at this stage. is that there has been no occasion on which the opposition or the Greens have come to this Parliament, If, instead, it is simply because the government wants to advised the house of concerns that have been raised use the committee process to assuage some of the with us by stakeholders and suggested that a proper concerns that have been raised by the law institute, that response to that would be the referral of a bill to the is of itself not a bad thing, but I simply make this point: relevant upper house committee and the government if it is the case that the law institute has approached the has agreed to that. There have been only three government with concerns and the government has occasions on which the government has agreed to refer responded to those concerns by agreeing to send this a bill to an upper house committee, and on each of bill to the relevant committee for more consideration, those occasions the motion has been moved by a then I would say that stakeholders also approach the member of the government. opposition and the Greens with concerns about bills all the time. We often raise those concerns in this place We do not oppose the bill, and we do not oppose the and ask the government, as a consequence of those referral; we just wish the government would treat concerns — whether they are raised by a stakeholder or stakeholder concerns raised with the Greens and the whether they are concerns that we have raised Labor Party in the same way that it treats concerns that ourselves — to send those bills to the relevant are raised with it. committee. On every occasion that the Greens or the opposition have asked for a bill to be referred to an Mrs COOTE (Southern Metropolitan) — I have upper house committee — whether it has been because been looking forward to speaking on this bill, because it of a concern that we ourselves have or whether it has is an important bill and, as Mr Pakula said, there are a been because of a concern raised with us by a number of reflections we can all make in looking at it. stakeholder — that request has been denied by the It was particularly interesting to look at how this bill government majority in this place. came about, its international ramifications and how that comes back to an issue that many people do not like to Mrs Coote — You should be happy about that. address. People do not want to think about making a will, because it shows up their vulnerability or their Hon. M. P. PAKULA — Mrs Coote said we should invincibility. It is one of those areas about which people be happy about that. We are happy about the fact that think, ‘That is not going to happen to me; I will do it the bill is going to the committee for further scrutiny; later. I will fix this first, or I will do something else’ — that is fine. If it is because there is a problem with the and then it is too late. The difficulty is, as Mr Elasmar bill, it is incumbent on government speakers to confess said in his contribution, that problems are created for to that. If it is simply because the law institute has the people who are left behind, which is why it is raised concerns again — the concerns it raised before seriously important to make certain that these issues are the bill was introduced, and there is nothing new about covered. For those reasons, I commend this bill that has them as far as we know — that is great. If the been brought to this chamber. government is referring this off because a stakeholder has gone to it and raised concerns about the bill, that is It was an interesting bill to research and to look at. great. Mr O’Brien, on behalf of the government, did a terrific synopsis of the bill and went into great detail about the Our point is that when a stakeholder comes to the issues involved with the bill. However, there are some Greens or the opposition with concerns and we raise aspects that I would like to highlight to the chamber those concerns in the Parliament, the government ought tonight. to agree to refer bills off in those circumstances as well. What is good for the goose is good for the gander. If a The Wills Amendment (International Wills) Bill 2011 stakeholder raises a concern with the government and is going to help give peace of mind to many members that causes the government to refer a bill off, why will of Victoria’s multicultural communities, particularly the government never agree to refer bills off when those those who may wish to have their estate go to family stakeholders raise those concerns with us and we reflect members living overseas when they pass on. In light of those concerns in our contributions in Parliament? that, it is interesting to look at an article in the Herald Sun of 13 March about the number of pensions paid by
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Tuesday, 27 March 2012 COUNCIL 1675 the Australian government to people overseas. It was in contained in the UNIDROIT (International Institute for the vicinity of $600 million, which I thought was fairly the Unification of Private Law) Convention providing a excessive, as the article points out. The article had some Uniform Law on the Form of an International Will important elements to it, one of which has implications 1973. The history of this is quite interesting. It was and ramifications for the bill we are debating today initially created by the League of Nations back in 1926, because it shows the technical reason a bill such as this but the collapse of the League of Nations during the is important. In this article it says: Second World War meant that it needed to be re-established, and this occurred in 1940. The reason A Herald Sun investigation has found about was that it was important that wills were recognised 75 000 Australians living abroad were sent federal government payments last year, including about around the world. The International Institute for the 65 000 pensioners. Unification of Private Law, which is an independent intergovernmental organisation, is currently based in That is a lot of people living in all parts of the world, Rome. and if they are pensioners, the necessity of having a will is all the more relevant. The article goes on to say: There are 63 countries that have become signatories to this convention. A country has to opt in; it is not Benefits are being sent to pensioners living in more than something which countries automatically become part 70 different countries. of. Australia is becoming a signatory, alongside the US, The highest number were in Italy, Greece and New the UK, Japan, some Canadian provinces and China, Zealand. There is an interesting trend here. Senior which are all signatories to this UNIDROIT Americans are moving offshore to live in the Bahamas convention. This bill fits very neatly within this, as the and other areas because they want to have a better Standing Committee of Attorneys-General of Australia retirement. We are starting to see a trend in this country has recognised. As I just said, some of our largest as well. We are seeing senior Australians, including trading partners are members. senior Victorians, moving to the Philippines and to other places in Asia, including Indonesia. Of pensioners In an increasingly international sphere where people are registered in Asia in June 2010, there were 91 in moving and living internationally far more frequently Indonesia, 73 in Vietnam, 320 in Thailand and 436 in than they have ever done at any point in the past it is the Philippines. really important that their wills are recognised right around the world and that people can feel confident that The reason pensioners are going to live in these places should there be a mishap, things are going to be is that they can have a better lifestyle, but there will be a organised properly. We have two groups of people: we drawback. Presumably these people will have wills — have pensioners who are choosing to live overseas, and we hope they have made wills. We hope the discussion we have people who came from another country to and debate on this wills bill today will highlight for become Australian citizens and then returned to the them the necessity of making certain that their affairs lands from whence they came. We also have people are in order. It is an interesting trend. I hope the people who are moving with their jobs and people who have who are moving to these countries are going to be fit extended families all around the world. It all comes and well and happy, but I also hope that they have back to the importance of a will being an internationally looked at making the proper arrangements here in recognised document, which is what we are discussing Australia. Before I put down this Herald Sun article I here. will mention that it says: We pride ourselves in Australia on being multicultural. In 2000, $1.4 billion in pension payments flowed into It is very important that we understand our expatriates Australia, more than four times the $310 million sent and non-residential Australians and help them to feel offshore. By 2010 this had fallen to $1.2 billion, little more confident that Australia and Australia’s laws are going than double the decade-high $571 million sent offshore that year. to be able to protect them. All of the provinces in Canada, with the exception of Quebec, have acceded to The interesting issue here is that a lot of people from the convention. Here in Australia Victoria is leading the the UK living in Australia are on UK pensions, and way among the Australian states and territories. We are arrangements have been made at the federal level on going to be one of the first to join the Australian these issues. But that brings us back to this bill and to government in ratifying the convention. making quite certain that people’s affairs are in order. I want to detail what the convention means, because it In July 2010 the Australian Standing Committee of is important to understand the technicalities that are Attorneys-General agreed to adopt the uniform law ticked off when someone makes this type of a will.
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When creating a will there are certain requirements that refer this bill off to the legislation committee. This is a must be carried out before the will can be executed in very important piece of legislation. It is important that Australia — for example, wills must be in writing, must people have an opportunity to look at it. We are going be signed by the will-maker in the presence of two to be leaders in the country on this issue, so we want to witnesses and must also be signed by the two witnesses. use the framework of this Parliament to send it off to When executing a will these requirements must be met the legislation committee to make quite certain that all for the will to be valid. If the beneficiary lives overseas, avenues have been properly looked into. they must prove that the will has been validly made before they can receive the proceeds of the estate. This Mr Pakula challenged us to confess that there were is a very important aspect. It can be quite arduous some sort of sinister undertones to this. There is no because it requires them to prove that the will has been sinister undertone to this. Mr Pakula himself went on to made correctly in Australia. say he believed the legislative committee process was a very good process and that in fact this was quite a good The uniform law in this convention means that in thing to happen, so he was a little bit duplicitous in his addition to the will being in writing and signed in the commentary. I think he was probably clutching at presence of two witnesses by the will-maker, it must straws, trying to find something that was going to be also be signed by an authorised person. As I said, it is bad about this bill so that he could criticise it, in true an arduous process, but it is an important process opposition form. But I have to say I am certain that because the validity of the bill must be established. An upon reading the record of his contribution tomorrow authorised person could be a legal practitioner or a people will find that on the whole, as the rest of the public notary. If someone is going to the effort of opposition members have said, the opposition will not preparing a will, it is important that they get it right — be opposing this bill. they will want to get it right. As I have said, Victoria has a very large multicultural When an international will is created in Australia and and ethnically diverse population. People from all over carries the signature of an authorised person foreign the world have chosen Victoria as their home. A lot of courts will recognise that the will has been validly people who have migrated here, as I have said before, made in Australia and therefore the beneficiary will not have chosen to go back to the lands of their origin and have to undergo the lengthy procedure of proving this; to live overseas. But this bill will give them the peace it will just be accepted. That is a very important point. of mind that when their will is executed their loved As members who have read the memorandum are ones in foreign countries will not have the arduous task aware, an international will that complies with the of proving that their will has been validly made. Instead uniform law will be recognised as a valid form of will there will be a straightforward process for their by the courts of other states that are party to the beneficiaries to receive their share of the estate. convention, irrespective of where the will was made, the location of assets or where the will-maker lives, and In commending this bill to the house I also want to end without the court having to examine the internal laws on the note on which I began — that is, to encourage all operating in foreign countries — that is to say, people in this chamber to have a valid will. Victoria — to determine whether the will has been properly executed. Mr Jennings — Why don’t we do one now?
As has been mentioned before, it is important to note Mrs COOTE — Mr Jennings asks, ‘Why don’t we that in clause 2 the bill does not set out a specific date do one now?’. We could — does he have a pen? I am of commencement. This is because the bill will be sure we have enough witnesses. That would be proclaimed once the commonwealth has acceded to the extremely interesting for someone as wealthy as convention, which will occur once all the states and Mr Jennings; it would be very interesting to see. territories have adopted the uniform law. It is very However, I do not mean to be derogatory towards this important to understand that Victoria is at the forefront bill because in fact it is very important. I think young of signing this convention. We believe it is very people — and Mr Jennings is a young person — are important. We have a huge multicultural community very dismissive about making a will. It is really here in Victoria. We pride ourselves on this. So it is important that people make a will; obviously it is not important and necessary for Victoria to take the lead in for the person who passes away, it is for their this regard. I was therefore very disappointed to hear beneficiaries. It is really important that people’s affairs Mr Pakula’s contribution, in which he actually are left in such a way that makes it easy for those for intimated that there may be some hidden agenda in this whom they care to be well looked after into the future. referral. There is no hidden agenda in our wanting to This bill enables that to occur.
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This is certainly legislation with which Victoria can convention. The primary objective of the convention is lead the way. I commend the bill to the house. It is a to eliminate problems that arise when cross-border worthwhile exercise. It is important for us all to have issues affect a will — for example, where a will deals had an opportunity to speak, to reflect upon making a with assets located overseas or where the will-maker’s will and to understand what that means. The other country of residence is different to the country in which aspect that I wanted to mention very briefly is that it is the will is executed. not just a will that is important, but granting a medical power of attorney here in Victoria is also a very This will bring peace of mind to Victoria’s important part of sorting out your affairs, because you multicultural community. I am from a migrant family. do not want your loved ones to have to deal with issues My parents were born in Ceylon, now known as that might be too difficult for them into the future. I Sri Lanka. Dad was born in Colombo, Mum was born commend the bill to the house. in Kandy, and they emigrated here. There are a large number of Sri Lankans who live here in Victoria. In Mr ONDARCHIE (Northern Metropolitan) — I fact last Sunday the Sri Lankan community in rise today to speak on the Wills Amendment Victoria — and I was a part of that — got to celebrate (International Wills) Bill 2011, and it is a delight to Sri Lankan New Year. But often we see older follow the contribution of Mrs Coote again. It is my generations joining the younger migrants in Australia. lucky day, because once you have followed someone Whether they be Nonna and Nonno, whether they be with the skill and abilities of Mrs Coote you are often Yiayia or whether they be Papa G, often grandparents left with very little to say. However, just to make sure come here to Australia to join the younger generation. you are not disappointed, Acting President, I will have As the song well says — and I note Mrs Coote almost a bit to say on this bill today. touched on Advance Australia Fair — we are one, but we are many, and from all the lands on earth we come. The bill amends the Wills Act 1997 to adopt into Victorian law the uniform law contained in the Mrs Coote — Sing it. UNIDROIT — which is the International Institute for the Unification of Private Law — Convention Mr ONDARCHIE — I am not going to sing it. providing a Uniform Law on the Form of an International Will 1973, part of the international wills This bill meets that primary objective of the convention convention, which was signed in Washington, DC, in to eliminate problems that arise when cross-border 1973. UNIDROIT is an intergovernmental organisation issues affect a will. It is based on the model prepared by that formulates uniform law instruments aimed at the parliamentary counsel’s committee at the request of harmonising and coordinating private laws between SCAG. The international wills convention requires countries. The international wills convention came into contracting states to introduce the uniform law on the force on 9 February 1979 and currently has 12 state form of an international will — the uniform law — into parties and an additional 8 signatories. These include their own will. Contracting states must reproduce the the United Kingdom, the United States, Italy, France, actual text of the uniform law or translate it into the Bosnia and numerous provinces in Canada. While official language or languages of the state. Australia has been a member of UNIDROIT since The uniform law provides for an additional form of a 1973, it is not yet a signatory to the international wills will, an international will, that sits alongside the other convention. existing forms of a will. It complies with the uniform As Mrs Coote told us, in July 2010 the Standing law that will be recognised as a valid form within the Committee of Attorneys-General (SCAG) agreed that courts of other states that are party to the international all Australian states and territories would adopt the wills convention, irrespective of where that will was convention’s uniform law into their local legislation to made, the location of the assets or where the will-maker allow Australia to formally accede to the convention lives. Issues such as the capacity required of the and to provide a consistent approach to the recognition will-maker or the construction of the terms of a will are of international wills across Australian jurisdictions. matters that will continue to be dealt with by existing Victorian law. This bill brings Victorian law and wills made under the existing Wills Act 1997 into line with the prevailing The uniform law sets out requirements for the form of international conventions concerning the cross-border the will and the process for its execution. The protection of wills and the Convention providing a formalities required for international wills executed Uniform Law on the Form of an International Will under the uniform law are similar to the requirements 1973. The bill gives expression to the international for other wills under the Victorian Wills Act 1997. For
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1678 COUNCIL Tuesday, 27 March 2012 example, an international will must be made in writing to the enactment of these international wills provisions, and be signed by the will-maker in the presence of two and I have to take it at face value that that necessitates other witnesses. The main difference is that the uniform inquiry by the legal and social issues committee. He law contains an additional requirement that the made the point that there is nothing wrong with the bill will-maker also declare the will in the presence of an and that no issues have been raised in relation to it, authorised person, who is required to attach to the will a notwithstanding the fact that some concerns have been certificate to the effect that the proper formalities have raised by the Law Institute of Victoria. I am sure they been performed. This certificate, in the absence of will be examined during the committee inquiry. contrary evidence, is conclusive evidence of the formal validity of the instrument as an international will. I would like to say in support of this reference to the legal and social issues committee that the Greens are In Australia an authorised person is any Australian legal happy for bills to go to legislation committees and wish practitioner or, as we have discussed this afternoon, a that more would go to those committees. I put on the public notary. I think even members of Parliament can record that we have tried to refer nine bills to those deal with that. The international wills convention committees over the past year. Many stakeholders in allows contracting states to designate these authorised the community had raised issues with those bills, but persons. Through SCAG, states and territories have the government refused to send them to the committees. agreed that authorised persons should have an As I have said many times — and I do not want to understanding of local laws concerning wills and of the repeat it ad nauseam — it would be good if this uniform law form requirements. The bill therefore signalled a new dawn in which the government will designates Australian legal practitioners and public agree to refer bills to committees for inquiry when notaries as persons authorised to act in connection with significant issues are raised by either side of the house. international wills. Motion agreed to. This bill is going to make it easier for our migrant population; it is going to make it easier for those who have come to this country and feel a little up in the air JOINT SITTING OF PARLIAMENT about the international standing of their wills. I am grateful that those in the house today are supporting this Victorian Responsible Gambling Foundation bill. It is a bill that, as I say, brings us together as a The ACTING PRESIDENT (Mr Finn) — Order! community and helps those who are a little concerned I have received a letter from the Minister for Gaming about how their wills will play out and be dealt with in requesting that arrangements be made for a joint sitting Australia. I commend the bill to the house. for the purpose of appointing three members to serve on Motion agreed to. the Victorian Responsible Gambling Foundation board. I have also received the following message from the Read second time. Assembly:
Referral to committee The Legislative Assembly has agreed to the following resolution:
Hon. P. R. HALL (Minister for Higher Education That this house meets the Legislative Council for the and Skills) — I move: purpose of sitting and voting together to elect three members of the Parliament to the board of the Victorian That the Wills Amendment (International Wills) Bill 2011 be Responsible Gambling Foundation and proposes that the referred to the Legal and Social Issues Legislation Committee time and place of such meeting be the Legislative for inquiry, consideration and report by 20 June 2012, and in Assembly chamber on Wednesday, 28 March 2012, at particular to examine the practical benefits to Victorians of 6.15 p.m. having a simplified process of recognition of international wills in Victoria, noting the large number of Victorians either which is presented for the agreement of the Legislative born overseas or who have family residing overseas. Council. Ms PENNICUIK (Southern Metropolitan) — I Hon. P. R. HALL (Minister for Higher Education want to make a few remarks in support of the motion, and Skills) — By leave, I move: because I was not able to make them in response to Mr O’Brien’s clarification as to why the bill is being That the Council meet the Legislative Assembly for the purpose of sitting and voting together to elect three members referred to the Standing Committee on Legal and Social for appointment to the board of the foundation and, as Issues. He said in his contribution that the main reason proposed by the Assembly, the place and time of such was that Victoria is the leading jurisdiction with regard
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meeting be the Legislative Assembly chamber on Human rights issues Wednesday, 28 March 2012, at 6.15 p.m. The bill does not raise any human rights issues because it Motion agreed to. does not affect the rights of any individuals, as the party to the agreement and the Crown lease that are terminated is a Ordered that message be sent to Assembly corporation. informing them of resolution. Conclusion
I consider that the bill is compatible with the charter act PORT BELLARINE TOURIST RESORT because it does not raise any human rights issues. (REPEAL) BILL 2012 Matthew Guy, MLC Minister for Planning Introduction and first reading Second reading Received from Assembly. Ordered that second-reading speech be Read first time for Hon. R. A. DALLA-RIVA incorporated into Hansard on motion of (Minister for Employment and Industrial Relations) Hon. P. R. HALL (Minister for Higher Education on motion of Hon. P. R. Hall; by leave, ordered to be and Skills). read second time forthwith. Hon. P. R. HALL (Minister for Higher Education Statement of compatibility and Skills) — I move:
For Hon. R. A. DALLA-RIVA (Minister for That the bill be now read a second time. Employment and Industrial Relations), Incorporated speech as follows: Hon. P. R. Hall tabled following statement in accordance with Charter of Human Rights and The Port Bellarine Tourist Resort (Repeal) Bill 2012 (the bill) Responsibilities Act 2006: will repeal the Port Bellarine Tourist Resort Act 1981 (the act), and end the agreement scheduled to the act and the In accordance with section 28 of the Charter of Human Rights Crown lease granted under the act. and Responsibilities Act 2006 (the charter act), I make this statement of compatibility with respect to the Port Bellarine The act was enacted to ratify and otherwise give effect to an Tourist Resort (Repeal) Bill 2012. agreement made in 1981 between the Hon. Rupert Hamer, then Premier of Victoria, on behalf of the state and Grawin In my opinion, the Port Bellarine Tourist Resort (Repeal) Bill Pty Ltd, to facilitate the development of a tourist resort and 2012, as introduced to the Legislative Council, is compatible marina on land south-west of Portarlington township, known with the human rights protected by the charter act. I base my as Port Bellarine. opinion on the reasons outlined in this statement. The agreement requires Grawin Pty Ltd to develop a tourist Overview of bill resort and marina, including canals and waterways to be constructed on the foreshore and in the resort, and tourist The bill proposes to end all arrangements made under the Port accommodation, including 1000 residential lots. Bellarine Tourist Resort Act 1981 for the construction by Grawin Pty Ltd of a tourist resort and marina development on The development (being conceived in the late 1970s) is now land west of Portarlington, without the state incurring any out of step with contemporary policy settings and community liability now or in the future. expectations.
The bill: In particular, the environmental impacts of the development would be regarded as unacceptable in today’s setting. For terminates the agreement between the state and Grawin instance, the marina component of the development includes Pty Ltd (Grawin) that forms schedule 1 to the Port a significant amount of coastal dredging, and the development Bellarine Tourist Resort Act 1981; would likely be damaging to sensitive coastal environments. abolishes the committee of management created by the In recognition of the likely adverse environmental impacts of Port Bellarine Tourist Resort Act 1981 and terminates the development, previous ministers for planning, including the Crown lease granted to Grawin by it in June 1985; the immediate past minister, have determined that an provides that no amount is payable by the state to any environment effects statement would be required. The person for any loss or damage arising from or connected development would potentially have adverse impacts on with the enactment of the act, and the state is not liable coastal processes, Ramsar wetlands and associated flora and for any claims arising from or connected with the fauna, and marine and estuarine ecology. termination of the agreement or the Crown lease; The development fails to meet policy objectives in the repeals the Port Bellarine Tourist Resort Act 1981 in its Victorian Coastal Strategy 2008. The Victorian coastal entirety. strategy prohibits residential canal estates. It also discourages development that may result in disruption of shorelines,
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coastal processes and habitat values. The Victorian coastal Trafalgar: abattoir closure strategy also requires the impacts of climate change to be addressed in any development. The development fails to meet Mr LENDERS (Southern Metropolitan) — The these requirements. matter I raise tonight is for Peter Walsh, the Minister The development is also inconsistent with local strategic for Agriculture and Food Security. It concerns the planning policy under the Greater Geelong planning scheme. L. E. Giles abattoir in Trafalgar. For over 60 years the The proposed development site is outside the Portarlington Giles family has been serving the meat producers of settlement boundary, which was put in place following extensive community consultation and a planning scheme Gippsland. The family started out serving farmers with amendment process. a horse and cart, and it now runs a small abattoir. Many of the suppliers to Colin and Ray Giles are small local For these reasons, the development, if it were to proceed, would fall considerably short of legitimate government and specialist producers of cattle, lambs, pigs and goats. community expectations. The staff at the Giles abattoir were mainly locals, many of whom grew up around farms and stock animals and The state agreed to facilitate the development of the tourist some of whom had been working in the Giles business resort, including by rezoning the subject land, and endeavouring to ensure all necessary licences and permits for over a decade. were granted by relevant authorities. The state met its obligation to rezone the land in 1983 and all the necessary Late last year a photography student asked to take some approvals were issued by the relevant authorities by the photos inside the abattoir, to which the family mid-1980s. In the 30 years of the operation of the act, no consented. The footage was edited by Animals works to progress the tourist resort have been undertaken on Australia and then given to PrimeSafe. PrimeSafe the site. requested that Colin and Ray, both aged in their 70s, The development right granted by the act has never been attend a meeting in Melbourne where, Colin recounts, acted on, and the development is now out of step with they were pressured to hand in their licence or face government and community expectations. The bill is required legal action in the Supreme Court. Following the to bring this out-of-date agreement to an end. meeting PrimeSafe rang the Giles brothers three times The bill provides that the state will not be liable for any asking whether they had yet sent in their licence. claims made by Grawin in connection with the ending of the act or the agreement or Crown lease, and that no Later, after reflecting on legal advice, the family sought compensation will be payable to Grawin. to have their case considered through the Victorian As a gesture of good faith, however, the government intends Civil and Administrative Tribunal. Expected legal to make an ex gratia payment to the company should the bill expenses of tens of thousands of dollars, however, successfully pass through Parliament and the act be repealed. resulted in the action being withdrawn and the abattoir This payment would be a gift made by the state, an act of staff being told that the business was closing and that good faith in acknowledgement of the (albeit minor) steps the company has undertaken to fulfil its obligations under the they no longer had jobs. The Giles abattoir had terms of the act and agreement. successfully passed regular audits by PrimeSafe and its predecessor, the Victorian Meat Authority, over many Repeal of the Port Bellarine Tourist Resort Act 1981 and decades of operation. The VMA had specifically seen termination of the agreement and associated Crown lease will eliminate the potential for an adverse planning, environmental and approved the abattoir’s processing of pigs in pens, and community outcome. and the Giles family was not aware of any regulatory changes. The Department of Primary Industries is yet to I commend the bill to the house. release the findings of its investigation. Debate adjourned for Mr TEE (Eastern This is not about animal cruelty. It is a given that Metropolitan) on motion of Mr Leane. animal cruelty is not tolerable. This is about how the Debate adjourned until next day. regulator applies the law and how small businesses and jobs can be protected and business owners advised of their obligations. I ask the minister to have PrimeSafe ADJOURNMENT review its decision in relation to the L. E. Giles abattoir — specifically in this instance where advice Hon. D. M. DAVIS (Minister for Health) — I was given verbally but then that advice was denied, as move: the Giles brothers claim — and to initiate a wider review of the processes and conduct of PrimeSafe. That the house do now adjourn. Further, I ask the minister to advise what plans he has to assist in the face of 25 jobs being lost in Trafalgar and what he intends to do to assist those small specialist
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Tuesday, 27 March 2012 COUNCIL 1681 farmers who have now been put out significantly by the hypocrisy and a lack of understanding about this issue. closure of the local abattoir. Their open-slather approach to wind farms ignored the big picture to the same extent that they ignored This is an issue that I do not comfortably go into. All of community rights and wishes. As Parliamentary us are horrified by animal cruelty, and it is not tolerable. Secretary for Sustainability and Environment I am What we see here is a small business and two elderly passionate about nurturing alternative and sustainable gentlemen, whom I have met. I visited Colin Giles and energy industries, but these industries can and must his family. I was also at a function at Trafalgar on operate in a manner that protects community interests. Sunday where it was evident that the abattoir closure was probably the biggest issue in the local community. It is interesting to note that Labor’s wind farm policy There must be a balance between cruelty and a talked about environmentally acceptable locations, but response which closes down an abattoir. Some of these what about community acceptable locations? farmers now have to go to Melbourne if they want pigs Communities must have a voice in the process — and or goats slaughtered, or they must go to Sale in the by that I mean a majority voice, not the voice of a vocal other direction. few with narrow agendas.
The action I seek is for the minister to genuinely look at I commend Mr Guy on delivering planning policy that how this can be addressed. I ask that he explain to the gives certainty and fairness to both Victoria’s wind Trafalgar community how those jobs can be restored energy industry and the community. I ask that the and, in particular, give some comfort to members of minister continue to address the opposition’s this community that there will be a fair hearing and that misinformation and scaremongering regarding this they are not going to be told by Melbourne how to run issue and that he also continue to promote and foster their affairs. Victoria’s important wind energy industry. Wind farms: government initiatives High Street Road, Wantirna: upgrade
Mrs PETROVICH (Northern Victoria) — My Mr LEANE (Eastern Metropolitan) — My adjournment matter is for Matthew Guy, the Minister adjournment matter is directed to the Treasurer, Kim for Planning, and relates to the Victorian wind energy Wells. As the member for Scoresby in the Assembly industry. Labor failed to get anywhere near its target for the minister made an election commitment to duplicate wind-generated energy during its term in government. and revamp a section of High Street Road in Wantirna Labor’s wind farm policy divided communities and that falls inside his electorate. It is a section of about denied them a voice, excluded local councils from the 1.4 kilometres and is between Stud Road and Burwood planning process and left a trail of collateral damage. Highway. To the Treasurer’s credit he did get some The coalition’s wind farm policy restores fairness and funds for preconstruction planning to deliver this certainty to the planning process around wind farms, project, but the action that I seek is funding for and it restores community rights by providing adequate construction in the next budget. I ask that he get on with buffer zones and meaningful consultation. building this length of road, which he clearly committed to doing before the election. Contrary to the misinformation promulgated by Labor’s scaremongering, Victoria’s wind energy industry has Hampton Park: community renewal project not faltered due to these important policy changes. Victoria has five wind energy facilities with a Mrs PEULICH (South Eastern Metropolitan) — I combined total of around 200 turbines beginning wish to raise a matter for the attention of the Minister construction this month. This investment is pushing for Community Services. It is in relation to the ahead despite uncertainty within the renewable energy Hampton Park community renewal project, which is a sector about Labor’s carbon tax legislation and political capacity-building program. I recently had the pleasure uncertainty and growing concern over the forthcoming of accepting the minister’s invitation to chair the review of the 20 per cent by 2020 renewable energy strategic partnerships committee of the Hampton Park target. community renewal project. The committee is now looking at two key projects — that is, the community The Gillard government is yet to provide terms of hall daytime activation project and the career guidance reference for the renewable energy target review, and development program — which will be significant this is causing great uncertainty within the renewable benefits to the Hampton Park community and require energy industry. The forces at play here are complex, funding through the Community Renewal Flexible and our Labor counterparts are displaying ignorance, Fund.
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The community hall daytime activation project will for Planning. It relates to residents I met who live at build an additional 48 square metres of dedicated Freshwater Place, which is a 60-storey residential storage space, complete with lockable storage units, development in Southbank. They oppose a that will increase the community’s daytime use of the development application which is before the minister very popular Arthur Wren Hall in Hampton Park. The for a 275-metre, 71-storey tower, which, if the minister strategic partnerships committee believes extra storage approves the application, will be within 8 metres of space is required so that individual community groups their building. It will block their views, it will block such as, for example, the mothers group, the playgroup, their sunlight and it will block their privacy. the table tennis club and local primary schools can use it practicably and be able to store their materials and Mrs Coote — Who are you talking about? equipment for their regular use of the facility during the day. This seems to be the way to increase that usage. Mr TEE — Freshwater Place. The residents I spoke to had done their homework before they purchased their The project will mean the expanded use of the hall by residences. They knew there was a design and local community groups and various organisations, development overlay which provided for a 24-metre allow for additional daytime classes run by Hampton setback and a 160-metre height limit for the southern Park Community House to accommodate that increased section of the building and a 6-storey height limit for demand and increase local community partnerships. It the northern part of the building. The development and is a very worthwhile infrastructure project that will design overlays provided them with the comfort they ensure that the Arthur Wren Hall is one of the most needed and protection of their views, sunlight and popular community halls in the city of Casey. privacy. They knew they would be protected.
The second project is the career guidance development The application for a 71-storey tower was sent to the program, which is very important for the Hampton Park Minister for Planning for approval. On 16 November community and is intended to be a series of activities last year these residents wrote to the Minister for over two years to provide targeted people with Planning to put their case and he has not — — mentoring career pathway services. It will provide career guidance to over 200 Hampton Park residents Mrs Coote — They’ve met him. through the platform of the community house. It will Mr TEE — Has he? My understanding is that the provide one-on-one support, work readiness support, minister had not responded by the time of my meeting. training and learning tailored to individual needs and I have a concern. The residents have a request that this aspirations, as well as post-placement support. The issue be referred to an independent panel because they project is a partnership between Hampton Park are concerned there is no process in place. They do not Community House, local learning and training have access to a council; the minister is the planning organisations as well as Job Services Australia authority. There are development controls in place that providers, the Berwick Village Chamber of Commerce, this development will override. They are concerned the economic development unit and the Hampton Park there will be no capacity for anyone with independent Networking Group. It will increase the capacity of the eyes to review their case and make sure that they get an local neighbourhood house to play more of a role in the opportunity to put their submissions to a responsible, education and training space; it will improve local independent authority — a person or a panel — to hear employment services and provide one-on-one support their case so they can receive the natural justice that to over 200 people in the community who need this they are entitled to. support. Regional Rail Link Authority: West Footscray I ask the minister to favourably consider the application footbridges for that funding. The approval of the two key projects by the Victorian coalition government will ensure that Ms HARTLAND (Western Metropolitan) — My Hampton Park has infrastructure in place to continue adjournment matter tonight is for the attention of the supporting the community beyond the community Minister for Public Transport, Mr Mulder. A month ago renewal program. Capacity building is the objective. I spoke in this house of two local pedestrian and bicycle This will increase the capacity in the future. footbridges — the Rising Sun bridge and Footscray West station bridge — that are proposed to be Planning: Freshwater Place demolished because of the regional rail project. These Mr TEE (Eastern Metropolitan) — My bridges link Footscray to seven communities. Their adjournment matter is for the attention of the Minister removal will result in a kilometre-long stretch of
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Tuesday, 27 March 2012 COUNCIL 1683 residential area with no crossing to link the association’s large membership has placed loads on the communities, no crossing to allow families to walk to floor such that it now needs to be replaced. The council child-care facilities and schools and no crossing to is prepared to undertake this work and has raised a enable people to cycle to local shopping areas. budget for it, but it also requires financial assistance from the Maltese Association Hobsons Bay. To add to I read extracts from the local residents’ letters to the that, the performing stage will have to be removed to minister which touched on the negative impacts this accommodate the new flooring works, and again the will have on communities. A month has passed since association has been asked to raise funds for a new the minister received the bulk of these letters, yet he has stage. not responded. This follows on from a bad precedent set by the minister earlier. Members of the association have told me they do not understand why council has not provided for a new The government and the Regional Rail Link Authority stage and why they have been left with the job of have not bothered to tell residents that they propose to replacing it. The minister can see that that would put the demolish their local bridges. Before the minister association under some financial stress. Certainly that is informed the community of the proposal, he received what they tell me — that the association is in a spot of 73 letters from local residents raising concerns about it financial bother. and calling for the retention of a footbridge. More letters followed. Residents found out about the proposal I am asking the minister to see if some funding is either from me or from the local media. They have not available to assist the Maltese Association Hobsons received responses to their letters to the minister. Bay in rejuvenating its neighbourhood centre. I am aware that there are enormous pressures on the budget This issue is about treating people with respect and and that the state of Victoria is suffering as a result of consideration; it is about basic communication. These 11 years of Labor mismanagement, but I am asking the people are facing the potential loss of community links minister to investigate what is available and if any help and the negative implications that will follow, yet the can be afforded to the Maltese Association Hobsons minister has not bothered to respond to their letters. Bay. As I said, I know the members of this association They deserve a response to their concerns and extremely well, and they are very enthusiastic about questions. I ask the minister to treat these people with helping members of their local community. It would be the respect they deserve and to respond to their letters. a very worthy thing indeed if the minister were able to provide some assistance at their time of need. Maltese Association Hobsons Bay: funding Victorian volunteer small grants program: Mr FINN (Western Metropolitan) — I raise a closure matter for the attention of the Minister for Multicultural Affairs and Citizenship. It concerns representations that Ms DARVENIZA (Northern Victoria) — I wish to have been made to me by the president of the Maltese raise a matter for the attention of the Minister for Police Association Hobsons Bay, Joe Attard. I have to declare and Emergency Services, Peter Ryan. The matter I raise an interest as I am a life member of this particular is the coalition government’s decision to axe the organisation, as is Mr Elsbury. It is important that I put Victorian volunteer small grants program. This will that on the record. have a very significant impact on rural communities and community organisations and make it harder for I have been approached by Mr Attard with regard to a them to recruit and train volunteers. proposal for work that is very much needed on the association’s neighbourhood centre in Collins Avenue, I am very disappointed that the coalition government Altona East. The association has a long-term lease for has dumped this very important program. In the past the centre, but the land and the building are owned by month in the north-eastern region of my electorate Hobsons Bay City Council. The building is estimated to alone we have had hundreds of volunteers representing be about 80 years old, and due to council neglect, so I a number of organisations working tirelessly in am informed, it is now in need of significant flood-affected communities, providing essential support maintenance work. The association has managed to to vulnerable residents. For example, more than keep the centre operational only because of work 17 000 meals were served by local groups that have undertaken by members on a voluntary basis. now been marginalised by this announcement. Cutting this $3 million program will have a devastating impact Hobsons Bay City Council has now acknowledged that on the 1500 community houses, neighbourhood centres the flooring in the centre has become unsafe. The and small community organisations in northern Victoria
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1684 COUNCIL Tuesday, 27 March 2012 that rely on volunteers — not to mention what it will do Melbourne City Council plan the trees in Alexandra to the community spirit and staff morale. Avenue, Carlton, Jolimont and Domain Road would be replaced with native trees. Many of my constituents are I will give some examples of just some of the types of up in arms about this. They are very proud of the elm organisations and a few of the community groups in trees in and around the Domain, along St Kilda Road, northern Victoria that have received volunteer small in the Botanic Gardens and all around that vicinity. We grants. Carevan in Albury-Wodonga provides evening understand that the trees are getting older, that some of meals to homeless and disadvantaged families and their limbs are falling off and that so many of them trains its volunteers to help people access appropriate need to be replaced, but it is really important that we support services. Albury Wodonga Health used a grant keep the character and heritage of our city by replacing for National Volunteer Week promotions. The Ovens the elm trees with elm trees. and King Community Health Service used small volunteer grants to organise a regional gathering for its Recently in the Herald Sun there was a letter about palliative care volunteers. Goulburn Valley Community Mr Shears’s meeting about the elm trees. It states: Care and Emergency Relief hosted a special welcome day for individuals interested in becoming volunteers to We were told that they were diseased, nearing the end of their life but overall too prominent and dominating. They have help access and deliver services to clients with complex survived drought and the elm tree beetle to proudly survive needs. The Felltimber Community Centre bought and enhance our surrounding parks and streets. equipment and materials to allow volunteers to make curtains for housing department tenants. The Birchip That is what one of my constituents, Susan Holt, wrote. Business and Learning Centre provided accredited training to skill up community members to become The action I ask of the minister this evening is that she volunteers in local sports clubs and organisations. encourage the Lord Mayor, Robert Doyle, to continue Melbourne City Council’s program of replacing These are just a few of the types of organisations that diseased and unsafe elm trees with new elm trees in have received and relied on those grants. order to maintain Melbourne’s reputation as the most My specific request of the coalition government is that livable city in the world. it immediately reinstate this important volunteer program so that community organisations can continue Responses to deliver the support they currently provide right Hon. P. R. HALL (Minister for Higher Education across Victoria and particularly in my electorate of and Skills) — I have written responses to the Northern Victoria Region. adjournment debate matters raised by: Mr Finn on Melbourne City Council: elm trees 7 February 2012, Ms Pulford on 7 February 2012, Mr Elsbury on 9 February 2012, Mr Lenders on Mrs COOTE (Southern Metropolitan) — My 28 February 2012, Mr Ondarchie on 29 February 2012, adjournment matter this evening is for the Minister for Ms Darveniza on 29 February 2012, Mr Lenders on Local Government, Jeanette Powell. I know that the 1 March 2012 and Ms Mikakos on 1 March 2012. minister is proud of the fact that Melbourne is the most A number of matters have been raised tonight. The first livable city in the world and that she is particularly was by Mr Lenders for the attention of the Minister for proud of our wonderful elm trees. The elm trees form a feature of marvellous Melbourne and are one of the Agriculture and Food Security regarding the L. E. Giles reasons the city is continuously in the category of the Abattoir in Trafalgar. The issue raised by Mr Lenders is very important, and I must admit I concur with his top most livable cities of the world. In Europe the elm thoughts and comments on this particular matter. In trees in the wonderful avenues died because of Dutch particular he asked that the minister request that elm disease, but in Victoria the trees have been saved PrimeSafe review the decision to close that abattoir, and we have the best avenues of elm trees in the world. St Kilda Road has one of the most beautiful avenues of and he also sought some assistance for workers who elm trees in the world. It is really important to have lost jobs there. I will certainly convey that request to the Minister for Agriculture and Food Security. understand that. I know that the Lord Mayor, Robert Doyle, is also aware of this, and last week he reiterated Mrs Petrovich raised a matter for the Minister for his position on this on 3AW. Planning encouraging the minister to work on and further develop wind farm planning laws, and I will It seems that some people are causing some mischief. pass that request on. Recently Ian Shears held a meeting at which he said that heritage is not necessarily good and that under a
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Mr Leane raised a matter for the Treasurer seeking the delivery of a pre-election commitment in respect of infrastructure in his electorate, and I will pass that request on.
Mrs Peulich raised a matter for the Minister for Community Services encouraging the minister to look favourably upon a funding application for projects by the Hampton Park community renewal project. I will pass that matter on to the Minister for Community Services.
Mr Tee raised a matter for the Minister for Planning, Mr Guy, regarding Freshwater Place in Southbank. He requested that the planning application for a new construction in that area be referred to an independent planning panel, and I will pass that request on.
Ms Hartland raised a matter for the Minister for Public Transport regarding the proposed removal, as I understand it, of two bridges for pedestrians and cyclists. In particular she asked that the minister respond to representations made to him by local residents, and I will pass that request on.
Mr Finn raised a matter for the Minister for Multicultural Affairs and Citizenship, Mr Kotsiras, regarding the Maltese Association Hobsons Bay, and in particular he sought some advice as to whether there may be any funding available to assist that association with the rejuvenation of its neighbourhood centre, and I will pass that request on.
Ms Darveniza raised a matter for the Minister for Police and Emergency Services seeking the reinstatement of the volunteer small grants program. I will convey that request to the Deputy Premier.
Mrs Coote raised a matter for the Minister for Local Government regarding elm trees. I know we have Dutch elms and I am not sure whether the elm beetle is of Dutch extraction, but nevertheless I am aware that there is a significant problem. I might add that there is also a problem in some of our country communities. In Traralgon there was a need to replace some elm trees as well because of the elm beetle disease afflicting them. Mrs Coote made a very sensible request, asking the Minister for Local Government to encourage the Melbourne City Council, in particular the Lord Mayor, to ensure that the elm trees that are diseased and unsafe are replaced with new elm trees, and I will pass that matter on.
The PRESIDENT — Order! The house now stands adjourned.
House adjourned 6.29 p.m.
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Wednesday, 28 March 2012 Mr LEANE (Eastern Metropolitan) — There has been discussion between the two whips, and we have The PRESIDENT (Hon. B. N. Atkinson) took the agreed that statements on reports and papers should chair at 9.33 a.m. and read the prayer. start at 5.15 p.m. I seek to clarify that after the joint sitting we will return to this chamber to engage in the The PRESIDENT — Order! I wish to inform the adjournment debate. house that I have been advised that the Economy and Infrastructure Legislation Committee and the The PRESIDENT — Order! That would be my Environment and Planning References Committee are understanding. On returning to the chamber the meeting this day following the conclusion of the sitting minister will move the adjournment motion. of the Council. Ms PENNICUIK (Southern Metropolitan) — I do not have any objection to what was worked out RULINGS BY THE CHAIR between the two parties, except that we were not consulted on it. One thing I wish to raise is that if Auditor-General: information leak government business is going to be conducted by way of a joint sitting, perhaps the Assembly could take note The PRESIDENT — Order! I advise members that that it is actually general business — or pursuant to a matter raised by Mr Barber in regard to non-government business — on Wednesdays in this the leaking of information from an Auditor-General’s chamber and schedule those joint sittings on an report I have followed this up with the Auditor-General, alternate day. who advises me that police were asked to investigate that matter. The police have advised the Mr LEANE (Eastern Metropolitan) — I apologise Auditor-General that, in the circumstances, they are to the Greens Whip for not consulting her on this minor unable to establish who might have been responsible change. It was something we discussed before. I will for the leak of that Auditor-General’s report to the endeavour to make sure we consult the Greens Whip in media, but the Auditor-General advises me that police future. are satisfied that the leak did not come from the Auditor-General’s office. The PRESIDENT — Order! It is also probably my fault, given that I sought to have members understand what the layout of today would be from the outset. No JOINT SITTING OF PARLIAMENT doubt Mr Leane and Mr Koch were planning to talk to Ms Pennicuik during the day to establish that. It is Victorian Responsible Gambling Foundation probably my fault for trying to expedite the matter.
The PRESIDENT — Order! I draw members’ Motion agreed to. attention to the fact that we have a joint sitting at 6.15 p.m. this evening, and therefore members of this house will be requested to convene in the other COMMUNITY VISITORS chamber to elect three members to serve on the board of the Victorian Responsible Gambling Foundation. Report 2010–11 Members will note that, as this will occur at 6.15 p.m., it will affect the statements on reports and papers that Hon. D. M. DAVIS (Minister for Health), by leave, we deal with in this house, so the leaders of the presented government response. government and the opposition might wish to consider Laid on table. whether or not we bring those statements forward by a quarter of an hour or whether we stick to the current submission. I will need to be advised. LAW REFORM COMMITTEE Access by donor-conceived people to BUSINESS OF THE HOUSE information about donors
Statements on reports and papers Mrs PETROVICH (Northern Victoria) presented Mr KOCH (Western Victoria) — By leave, I move: report, including appendices, together with transcripts of evidence. That statements on reports and papers be at 5.15 p.m. this day. Laid on table.
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Ordered that report be printed. Until now no-one has considered the unintended consequences of donor conception and the anguish this Mrs PETROVICH (Northern Victoria) — I move: may cause to children who yearn to know their biological parentage and lineage. I think the That the Council take note of the report. embarrassment of donors who may be in existing I am pleased to speak on this report. It is a substantial relationships is minor in comparison to the impact the piece of work by the Law Reform Committee, and I children experience. I am not undermining that would like to commend my fellow members of that embarrassment, because I understand there are committee: the chair, Mr Clem Newton-Brown, and the difficulties, but the impact on children of not having deputy chair, Ms Jane Garrett, along with Mr Anthony basic information about themselves is the most Carbines and Mr Russell Northe. I also acknowledge important thing. We need to give primacy to children’s the good work of the staff of the secretariat, including rights and welfare, which is one of the overriding executive officer Dr Vaughn Koops, research officers principles in this report. It is consistent with the United Ms Amie Gordon and Ms Vathani Shivanandan, and Nations Convention on the Rights of the Child and administrative officer Ms Helen Ross-Soden. Victoria’s Charter of Human Rights and Responsibilities, which we all hold up as a shining This is, as I have said, a substantial piece of work, and light. I think this is significant for these people. in many respects it has been a long time coming. It is a balance of the views of donors and donor-conceived Donors will have the right to put in place contact vetos recipients. Before 1998 children had no right to to prevent children contacting them, and counselling information identifying donors — that is one of the will be provided to assist. However, those children interesting parts of this report. Donors who donated conceived prior to 1998 should have access to before 1998 did so on the understanding of anonymity. information that identifies their donors so that all children are treated equally regardless of their birth Access to information identifying donors is dependent date. on the date of conception. The current practice is that access to donor information is unrestricted to the Interjections from gallery. children but is dependent on the donor’s consent. What this meant for those people who were donor conceived The PRESIDENT — Order! Unfortunately before 1998 was that they had no sense of identity members of the gallery are not allowed to participate in because of a lack of information about the identity of proceedings. their biological father. Mrs PETROVICH — I think those in the gallery There were very interesting and poignant submissions were having a little bit of trouble hearing what was made by many people. It was enlightening to hear of going on. There is a recommendation to retrospectively the difficulties that the lack of that knowledge caused remove anonymity in adoption cases in the 1980s in those people throughout their life. Many of them had Victoria. Contact vetoes are successfully used in found out late in life that they were donor conceived. A adoption cases and have always been respected. The poignant aspect of that issue is that if you find out later majority of people who made submissions to the in life that you were donor conceived, you realise that committee favoured providing information identifying the family you thought was yours and the sense of donors to the children. Six out of nine donors who gave identity that you understood to be yours are no longer. evidence said they were happy to be contacted by That can be quite shattering, particularly for a young offspring. Things have moved on. person. Ms PENNICUIK (Southern Metropolitan) — I am If this report is accepted, Victoria will be the first very pleased to make some short remarks on Inquiry jurisdiction in the world to retrospectively remove the into Access by Donor-Conceived People to Information anonymity agreement in favour of donor-conceived about Donors report, which was tabled today. This children. The committee received many submissions inquiry was referred to the Law Reform Committee from donors and donor-conceived children. There was following the tabling of an interim report. The interim quite a fine balance between two competing interests — report was tabled by the Law Reform Committee of the the rights of the child and the rights of the donors. previous Parliament. While the report has only just Some legislation that has been introduced in recent been tabled and I have therefore not read the whole times has not taken into consideration the rights of the report, I note that recommendation 1 is: child. In this case this all-party committee decided that That the Victorian government introduce legislation to allow the rights of the child are paramount. all donor-conceived people to obtain identifying information about their donors.
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I am a little bit emotional about this because it was on MEMBERS STATEMENTS my motion that the matter be referred to the previous committee that got this inquiry under way. I moved Health sector: enterprise bargaining amendments to the earlier legislation passed by Parliament to allow all donor-conceived people to Ms HARTLAND (Western Metropolitan) — I obtain identifying information about their donors would like to congratulate the Australian Nursing because I agree with the comments made by Federation wholeheartedly, especially Lisa Fitzpatrick Mrs Petrovich when she said that the rights of and nurses across Victoria, on the way they stood up for donor-conceived people have to be paramount. During nurse-patient ratios. By doing so, they stood up for the inquiry and in representations made to us in patients and the health-care system in general. I joined Parliament when the earlier legislation went through we with nurses at Western Hospital on several occasions, heard of the anguish that has been caused to people and the thing I noticed most was that when they were conceived prior to 1998 in not being able to have access out on Gordon Street members of the community to identifying information. showed their support by honking their horn or stopping by to chat. I am glad the state government finally saw This is a very welcome report. Obviously, as I said, I sense and realised it needed to negotiate in good faith have not had a chance to read the whole report, but I am and resolve the dispute. very much looking forward to doing so. I welcome the first and key recommendation and thank the committee I urge the state government to learn from this for its work. experience and engage in good faith bargaining with psychiatric nurses and ambulance officers this year Mr SCHEFFER (Eastern Victoria) — Very briefly instead of making the mistake of disrespecting their I place on record the opposition’s support for this work as well. report. As the chair of the Law Reform Committee during the last Parliament, I indicate that the members Ouyen P–12 College: building program of the committee prepared an interim report on this issue and our only recommendation was that the inquiry Ms BROAD (Northern Victoria) — Last week I be referred to the Law Reform Committee of this was pleased to again visit Ouyen P–12 College and see Parliament. The matters are of course very serious and the new buildings at the school being utilised with pride very important for a number of Victorians. The and enthusiasm by students and staff, as they were opposition is happy that there has been a resolution of intended to be by the former Labor government, which these matters and that we can move forward. allocated funding for their construction. However, during my visit I was made aware of the $354 000 bill Motion agreed to. confronting the school to fix the list of building faults identified by the school buildings review as well as the fact that the school’s budget for maintenance is just PAPERS $43 574, leaving a gap of more than $300 000. This is a direct result of the refusal of the Baillieu-Ryan Laid on table by Clerk: government to fund the completion of the building program. Auditor-General’s Report on Access to Public Housing, March 2012. As a result, the school must patch up buildings that are Ombudsman — Report on the Investigation into Conflict of due for demolition just to keep them safe. Even worse, interest, poor governance and bullying at the City of Glen because the building program is not complete and the Eira Council, March 2012. school is split between two sites that are divided by a Special Investigations Monitor’s Office — Report for the railway line and a major highway that staff and students period 1 July to 31 December 2011, pursuant to section 30Q must cross many times on a daily basis, the whole of the Surveillance Devices Act 1999. school community continues to be fearful of the A Statutory Rule under the Confiscation Act 1997 — No. 20. risks — risks they did not sign up for, because the school was never supposed to be split between two sites.
To date the member for Mildura in the Assembly, Mr Crisp, has not delivered the funds that Ouyen P–12 College needs to finish the building program, and the Baillieu-Ryan government has not made a
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1690 COUNCIL Wednesday, 28 March 2012 commitment to the school either. Now is the time station that was in Labor’s $38 billion 2008 Victorian for Mr Crisp to provide the solution that Ouyen transport plan and that Labor budgeted for in 2010 and needs and deliver funding to complete the school committed to start in late 2010 and complete after 2011. building program in this year’s state budget, which This is the same railway station that when in opposition will be handed down by the Baillieu government in the member for Bass in the other place, Ken Smith, and May. Edward O’Donohue agitated for, telling anyone who would listen that everything had to be done faster. Goulburn River High Country Rail Trail: horseriders Now we see the standing joke that is the Cardinia Road station. This coalition has not fixed the problems; in Mrs PETROVICH (Northern Victoria) — The fact it has created some of its own, which the residents Goulburn River High Country Rail Trail is an exciting of Pakenham now have to live with. I applaud the and important new tourism facility in my electorate of government on following through with the former Northern Victoria Region. The trail extends for Labor government’s work on the construction of the 134 kilometres through some of Victoria’s most Cardinia Road station, but I share the disappointment of beautiful countryside from Tallarook to Mansfield and local residents that the government is incapable of is managed jointly by the shires of Mitchell, finishing the job properly. I remember Mr O’Donohue Murrindindi and Mansfield. The possibility that horses saying in 2010 that it was hard to see how the new may be excluded from the Mitchell shire section of the station could cost $55 million. Transport genius Paul trail is very concerning to me, because of my lifelong Mees called for a royal commission. Now we know that interest in horseriding, and to the numerous horseriding the costing was spot-on. However, it is a disgrace that groups that have contacted my office about this issue. there are no staff and no toilets. How hard would that have been? The coalition has treated Pakenham with The full trail is due to open within a few weeks, but contempt. Mitchell Shire Council is yet to complete the final risk assessment procedures relating to the horseriders using Shri Swaminarayan Mandir, Mill Park: the trail. The funding was provided to this project by consecration both the state and federal governments for a facility that could be used by a number of groups, including Mr ONDARCHIE (Northern Metropolitan) — Last horseriders. The shires of Murrindindi and Mansfield Friday and Saturday I was honoured to be part of the have been able to deliver the promised shared facility, consecration of the new BAPS Shri Swaminarayan yet Mitchell Shire Council has demonstrated a lack of Mandir in Mill Park, a new Hindi temple that is one of consultation and early planning. the biggest Hindi temples to be opened in Victoria. We were honoured by the presence of His Divine Holiness I have ridden along part of the trail in question, and I Pramukh Swami Maharaj and Pujya Tyagvallabh believe that in consultation with local horseriding Swami, who had come from India. It was indeed an groups parking and safety concerns could easily be honour to attend with the sadhus and the variety of addressed. It is disappointing that this did not occur people who were there. earlier in the planning process. Mitchell Shire Council was happy to accept the funding for a shared trail, so I The Hindi community started on Friday with a urge it to use all resources available to deliver a trail devotional parade through Mill Park, including Plenty that can be used safely by walkers, cyclists and Road. There were a number of floats and about horseriders. 1500 members of their community to welcome the following day’s consecration. I particularly pay tribute Rail: Cardinia Road station to the members of this community because as they travelled the distance along Plenty Road and the other Mr SCHEFFER (Eastern Victoria) — Pakenham residential streets a number the local residents came out residents were bemused by the bizarre appearance of to see what was happening, and the Hindi community our out-of-touch Premier, the Minister for Public members left the procession to talk to the local residents Transport and the Parliamentary Secretary for about their spirituality and their inclusiveness in their Transport, Edward O’Donohue, at the Cardinia Road local community. station last Monday. For $54 million this railway station will be like a ghost town for years to come — I take my hat off to Mr Sitesh Bhojani, who 30 years no staff, no protective service officers, no public toilet ago in his parents’ home fostered the idea of building a and, until a new substation is built, a power supply that new Hindi temple in Mill Park. This is a wonderful, cannot cope with peak hour demand. This is the same
MEMBERS STATEMENTS
Wednesday, 28 March 2012 COUNCIL 1691 inclusive community, and we are delighted to have it in announce that the school had received a $100 000 grant the northern metropolitan area. to become a music specialisation school. I congratulate the principal, Ray Yates, and his staff on their Stuart Lloyd dedication to music and their involvement with music in the Dandenongs more generally. Ms PULFORD (Western Victoria) — I would like to take this opportunity to congratulate Stuart Lloyd of The Minister for Multicultural Affairs and Citizenship, Edenhope on winning the Foundation Scholarship Nick Kotsiras, took part in a round table discussion awarded by the Macpherson Smith Rural Foundation. with members of the Sudanese communities of the The scholarship will provide Stuart with $45 000 over Shire of Cardinia and the La Trobe Valley about some three years while he completes his tertiary education. of the issues those communities face. Stuart is currently studying software engineering at Monash University. I was also pleased to see the Parliamentary Secretary for Families and Community Services, Andrea Coote, Stuart Lloyd is been a six-time college dux. He was visit Emerald Community House to inspect the progress school captain and has been a tireless contributor to the of works that are part of the coalition’s $150 000 Edenhope College community. The Macpherson Smith commitment to refurbish this important piece of Rural Foundation’s Foundation Scholarship allows community infrastructure. promising rural students such as Stuart the opportunity to reach their potential and become future leaders. In Greek Independence Day addition to receiving financial assistance Stuart will participate in the foundation’s mentoring and leadership Ms CROZIER (Southern Metropolitan) — In my development programs for future rural leaders. electorate of Southern Metropolitan Region I have a number of strong and very proud Greek communities, The importance of this scholarship cannot be including those in the areas of Prahran and Oakleigh. overemphasised. Rural students are statistically more The 25th day of March marks the national day of likely to defer their tertiary studies due to financial Greece — a day that recognises the Greek War of pressures. The scholarship, which is for study at a Independence and is celebrated by Greek communities Victorian university, is open to Victorian students throughout the world and in many parts of Melbourne. living in regional or rural areas who demonstrate On Friday I attended a flag-raising ceremony in Prahran leadership potential and a passion for rural Victoria. to mark the occasion together with my colleagues Clem Congratulations, Stuart. Newton-Brown, the member for Prahran, and Kelly O’Dwyer, the federal member for Higgins. The event, Shire of Yarra Ranges: cabinet meeting organised by the Stonnington City Council, has been held for 30 years. Attended by many local traders, Mr O’DONOHUE (Eastern Victoria) — I was residents, and church leaders, it is an important event pleased that the coalition cabinet met in the Yarra each year for the local community of Prahran. Ranges Shire on Monday. It met at Monbulk, and the meeting was followed by a community lunch with On Sunday Nick Kotsiras, the Minister for community leaders and a range of ministerial meetings Multicultural Affairs and Citizenship, yourself, and briefings with various community stakeholders to President, other state and federal colleagues and I discuss a number of issues. attended a reception at the Consulate General of Greece in recognition of the day. On this occasion much was I was pleased to join the Premier, the Minister for said about the many achievements of Greece over Public Transport and the member for Gembrook in the centuries, the resilience of Greece and the special Assembly, Brad Battin, at the Cardinia Road station. relationship Australia has with Greece. Also discussed Mr Scheffer referred to this, and the coalition was the concern many Greeks in our own communities government is fixing the problems it inherited from have for friends and family who remain in Greece and Labor. How could Labor plan a railway station without who are dealing with the current financial crisis power for the trains to stop and start with? It is affecting their country. unbelievable. We are fixing this problem left behind by Labor. This was not budgeted for by Labor. I look The debt levels Greece and some other European forward to the station becoming operational from countries have are placing great strain on their 22 April. governments, despite the receipt of billions of euros from the European Commission, the European Central I was also pleased that the Premier and the Minister for Bank and the International Monetary Fund. The Education visited Monbulk Primary School to
MEMBERS STATEMENTS
1692 COUNCIL Wednesday, 28 March 2012 situation still remains dire and of concern to not only Many playgroups operate through the selfless support Europe but to the international community. It is a of volunteers and their much-appreciated fundraising salient reminder to us all of the need for prudent fiscal efforts. management, including responsible government borrowing and spending. With a clear plan to improve On Monday I attended the Our Time supported the state’s fiscal position, drive investment and create playgroup in Reservoir. The Supported Playgroups and jobs, the Baillieu government is taking great measures Parents Group Initiative was announced by the former to ensure that Victoria’s economy remains strong and Labor government in the 2005–06 A Fairer Victoria competitive. strategy as a four-year package. It was initially rolled out to 14 municipalities, where Best Start sites were Yooralla: RIDE program established, and in 2008–09 the Labor government committed funding for a further 15 municipalities. The Mrs COOTE (Southern Metropolitan) — On funding of these 15 sites is coming to an end this 22 March I had the greatest of honour in going to look financial year. One of these sites is in my local at a terrific innovation by Yooralla: the Yooralla RIDE government area of Darebin, where the Our Time (Respite Information and Development in the East) playgroup is situated. program. It was just inspirational. I would like to put on record my praise for the work that is being done out The recent Report of the Protecting Victoria’s there and for the fact that Sanjib Roy, the chief Vulnerable Children Inquiry also recognised the executive officer of Yooralla, who does a fantastic job, significant role of both community and supported was there, along with Ashley Creighton, the deputy playgroups in supporting families in Victoria and general manager, Catherine Smith, Meaghan Ball, Liz recommended that the Baillieu government: Wood, Linda Gibson and Tasha. This program for Increase investment and appropriate infrastructure in respite uses an innovative approach, dealing with and universal services including … community playgroups, to listening to people in the eastern metropolitan region communities that have the highest concentration of vulnerable about the concerns they have for respite. children and families …
Respite for people with disabilities is an enormous I understand that Playgroup Victoria supports the challenge; it is difficult, it is stressful and it needs to be inquiry’s recommendation. The Minister for Children handled with a great deal of sensitivity. Yooralla and Early Childhood Development needs to commit to recognises that information sharing is the key to implementing the recommendations in the Protecting running a successful program. Some of the things it Victoria’s Vulnerable Children Inquiry report that relate does include providing an essential point of contact for to her portfolio, and it is disappointing that she has carers, families, service providers and people with failed to do so so far. disability for information and referral to respite and carer supports; enhancing the development of Epilepsy: Purple Day partnerships and information sharing between disability-specific services, individuals, carers, families Mr O’BRIEN (Western Victoria) — Monday, and other key stakeholders; and facilitating and 26 March, was Purple Day, being the global day for epilepsy awareness. In Victoria there are an estimated coordinating quarterly meetings of the regional 55 000 people who currently have epilepsy. Epilepsy disability respite network, which has the aim of will affect approximately 4 per cent of Victorians, or promoting a disability respite service that is integrated, consistent and responsive. Yooralla also assists with the 220 000 people, at some stage in their lives; however, development and planning of future respite service the number of people who are significantly affected by epilepsy, including family members and carers, will be delivery through the collection and analysis of service approximately four times that figure, or provision data. I congratulate all involved and hope 880 000 people. they continue the good work. Epilepsy most commonly affects young people and National Playgroup Week people in the later years of life. International research Ms MIKAKOS (Northern Metropolitan) — I rise shows that people over 65 years are becoming the today to highlight National Playgroup Week, which is fastest growing population suffering from seizures. being celebrated this week. There are approximately Seizures among this group are 6 to 10 times more 25 000 families and 40 000 children each week who common than in any other age group, and it is estimated attend playgroups in Victoria. They are an excellent that, by 2025, 50 per cent of new onset seizures will be way for young children to learn socialisation skills. in older persons.
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Epilepsy can happen to anyone and can start at any age. the then Leader of the Opposition, who would become I myself suffered from epilepsy as a youth, and it was the next Premier, Mr Baillieu. very formative in my experiences in life. It became a matter of realising that one is mortal and does not There was a debate on the ABC with a panel of always have control over one’s brain. That has been journalists asking about a range of things. A few weeks something that has spurred me through my life’s ago I listened to a replay of that debate, and I listened to challenges, but many other people deal with it every it again this morning. As one of my colleagues said, I day. I also know and sympathise with many other probably need to get out more; however, I listened to it. people who have the problem of caring on a daily basis For any members who would care to listen to the for young people suffering from epilepsy. leaders debate, at approximately the 25 minute and 2 second point and onwards they would find an I commend the government, the opposition and the extraordinary interchange. The then ABC journalist Greens health spokesperson, Colleen Hartland, on a Josephine Cafagna, who joined the new Premier’s staff bipartisan approach to this issue. I also place on record a couple of weeks later, asked Mr Baillieu, who was the involvement of my brother, Professor Terence then the Leader of the Opposition, about Parliament, O’Brien at the University of Melbourne, and I about question time, about dignity and about a range of commend him as well as the many other professionals other things in Parliament. I will quote from that and carers and the Epilepsy Foundation of Victoria for exchange between Josephine Cafagna and Mr Baillieu: their work on epilepsy research. I encourage all members to wear their purple ribbons for the global day … will you tonight give a commitment to changing the rules of the Parliament so that ministers are forced to answer of epilepsy awareness. questions asked in the people’s Parliament? Mr Baillieu replied: DOROTHY DIX QUESTIONS: ELECTION COMMITMENT Josephine, I could not agree more … I make that commitment. I’m happy to do that. Mr LENDERS (Southern Metropolitan) — I move: He further stated: That this house — I believe the standing orders should be changed. (1) notes that during the 2010 leaders election debate, when the current Premier was asked about parliamentary He also said that ‘ministers never answer’. In relation to standards by then ABC journalist Josephine Cafagna, he Dorothy Dix questions, he said they are a ‘waste of replied that under his administration ‘Dorothy Dix’ time’. questions would be banned; It goes on, and members who listened to the debate (2) notes that no changes have been proposed to the standing orders of either house to end questions to from that 25-minute point onwards would have thought ministers from government members; that one of the first acts of the Baillieu government would have been to convene the Standing Orders (3) notes that in the Legislative Council on 6 December Committee, at least for the Assembly if not for the 2011, the Government Whip, Mr David Koch, asked a Council, to deal with and ban Dorothy Dixers. That ‘Dorothy Dix’ question of a minister sitting next to him that invited her to praise him and the government despite would be the conclusion that any reasonable person the Premier’s pledge to abolish the practice; and would come to.
(4) calls on government members in the Council to honour Mr Barber interjected. the spirit and letter of the Premier’s election commitment made to Josephine Cafagna and the Mr LENDERS — Yes, Mr Barber, I know that his Victorian people in November 2010. first act was to increase the size of the ministry, but you I am disappointed to be moving this motion, because would have thought that one of his first acts would have for anybody who was listening to the leaders debate in been to convene the Standing Orders Committee and November 2010, before the election — — make the Parliament more accountable.
Mr Barber — How many do you reckon that was? In the motion I have moved, the first item is that this house should note the commitment in that particular Mr LENDERS — Mr Barber, probably quite a few area made by the now Premier during the leaders people did because it was the only time there was a debate. The second item in my motion is to note that no discussion between the then Premier, Mr Brumby, and changes have been proposed to the standing orders of either house to end questions to ministers from
DOROTHY DIX QUESTIONS: ELECTION COMMITMENT
1694 COUNCIL Wednesday, 28 March 2012 government members, and that is a matter of fact. There November 2010. We are now almost in April 2012, and is no question that at the 25-minute mark of the leaders nothing has happened. debate Mr Baillieu committed to having the Standing Orders Committee — for the Assembly unequivocally Mr Finn wants to go on about broken promises. His and arguably for both houses — deal with the matter of colleagues Mr Dalla-Riva and Mr Guy spent half of questions at question time. It has not happened. Some question time yesterday giggling at how smart they would say it is not a priority, and I would agree that were in responding to Dorothy Dix questions and clearly jobs and other issues are incredibly high getting things on the notice paper about whether the priorities for the government, but it is a great Labor caucus in Queensland could get into a Tarago. disappointment that a government that made a They may think that is funny and worth giggling about, commitment at election time to deliver on this issue has but Mr Finn should reflect on the fact that if one asked not even convened the Standing Orders Committee to what one of the issues was that cost the Bligh look at this particular item. government in Queensland, I would argue it was broken promises. Any analysis of the effect on the The third item of my motion requests the house to Queensland election of petrol tax, privatisation or other note that on 6 December 2011 in the Legislative things would say it was about broken promises. Those Council — — opposite, rather than giggling about the misfortune of what has happened in Queensland, should reflect on Mr Finn interjected. how communities respond to governments breaking solemnly given promises. Mr LENDERS — I take up Mr Finn’s interjection, which is presumably about broken election We have a Parliament where there has been no effort commitments. What Mr Baillieu promised when he whatsoever to bring this reform into place. Worse still, came forward to the Victorian people, asked them to referring to the third paragraph of my motion, was what vote for him and said, ‘I will be different’, was: ‘If I am happened in question time on 6 December last year, Premier, we will have a question time that gets rid of despite Mr Baillieu saying when he was opposition the nonsense of Dorothy Dixers and makes ministers leader that he believed Dorothy Dixers were a waste of answer questions’. Whether that was correct or not, I time and that ministers needed to answer questions. could go through, in response to Mr Finn, a series of Mr Baillieu said he thought it was all a farce. The reforms from both sides of Parliament to question time. Government Whip, Mr Koch, asked a question of the That is not unique to the Labor Party or the Liberal Deputy Leader of the Government, Ms Lovell, who Party. was sitting right next to him, as Mr Leane is sitting next to me. Mr Koch’s question — and I paraphrase — In the past this house did not have question time. There asked Ms Lovell to tell him about the great works of the was no question time in the Victorian Parliament until Baillieu government in Geelong. It was on a specific 1960s in the Assembly and much later in the Council. issue. To answer this question Ms Lovell got out a From both the Labor side and the Liberal side, there piece of paper, and I would be so bold as to suggest that have been reforms over time that have been brought to if I had been sitting behind them in the gallery, I would question time, whether it be in this house in the form of have seen it was in the same font or handwriting as the supplementary questions, which were initiated by the question. Ms Lovell looked at Mr Koch and said, ‘The opposition at the time, which is the now government, or Baillieu government has done fantastic things, whether it be in the Assembly in the form of time limits especially Mr Koch my friend here, who is so on questions. There has been a range of things. fantastic’. It was an absolute farce. We had a This is not a debate about which party historically has government member asking a question of the minister the most runs on the board in question time. I am happy sitting next to him. It is almost, ‘You scratch my back, I to have that debate, but this is a debate about the fact will scratch yours, and aren’t we great?’. that in the lead-up to the election Mr Baillieu solemnly, Members of the Labor Party have asked Dorothy in response to what was probably to be the first Dixers in this Parliament for years. This is not a Dorothy Dixer of his future administration, answered particular issue where the Labor Party is saying it has Josephine Cafagna by saying, ‘I will be different. I will never had Dorothy Dixers. Dorothy Dixers have existed make ministers answer questions at question time’. He in this Parliament for decades. What is different is that left the unequivocal impression that he was going to get for the first time to my knowledge in the history of rid of Dorothy Dixers and that he would call on the Victoria a leader has gone to the electorate and said, Standing Orders Committee to do this. That was in ‘We are going to change this practice’. I cannot recall any leader, as part of an election campaign, saying,
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‘Part of our parliamentary reform is to get rid of Brumby or Bracks governments did. I am sure they will Dorothy Dixers’. I am sure that Mrs Peulich and all the go through that. I am sure that if Mr Guy enters the other speakers after me will get up and say that Labor debate, which he probably will not do, he will manage did this, Labor did that. This is not a debate about to take it back to the first Cain government or even Labor. This is a debate about a leader who got up and back to a Labor government in the First World War — said, ‘I am going to be different’. It is blatantly clear he normally seems to go back that far. That would that either the leader did not mean what he said or his obviously be a question of relevance for you, President, whole parliamentary team has completely ignored him. but in my view this is not a matter of dredging up the past; this is a question of whether the Premier will The Government Whip in the Legislative Council asked honour his commitment. If those opposite wish to go a question of the Deputy Leader of the Government, the into the past, good on them, but I think they are being manager of government business, saying, ‘Aren’t you delusional, particularly post-Queensland, if they think fantastic? What did you do in Geelong?’ She replied, political leaders can make multiple promises, not ‘You are so fantastic. We were together’. How is that honour them and expect that the electorate will forgive evidence of the scrutiny of government that Mr Baillieu them. said there would be? It is a mutual admiration society of badly delivered lines; they are not even delivered well. Honourable members interjecting.
We can then go to Mr Ondarchie asking a classic Mr LENDERS — I will take up Mr Ondarchie’s Dorothy Dixer, I think it was during the last sitting interjection. He said, ‘So this is a big issue’. I think one week. It was a question for Mr Dalla-Riva. of the lessons that government members need to learn Mr Ondarchie asked the minister what he was doing in and think about is that they are the government; the manufacturing and if he had any comments on opposition is not the government. It is amazing that alternative policies, to which Mr Dalla-Riva got up and Mr Guy can put out press releases criticising Mr Tee started saying that a potential secretary of the for not asking him certain questions. I would have Australian Council of Trade Unions should be thought in the context of this debate that if Mr Guy advocating to a government in another jurisdiction and wanted to be asked a question, he could organise five running a campaign against the carbon tax rather than members from his side of the house each day to ask against another party. That is meant to be scrutiny of him that question. It is interesting to note that government. It is an absolute joke. We are again talking Mr Ondarchie thinks it is his job to lecture opposition about the classic Dorothy Dix questions where the members on what they should raise as issues. second part of the question is, ‘Will you comment on alternative policies?’. Honourable members interjecting.
This is not a statement on whether it is appropriate or Mr LENDERS — It is interesting that government not appropriate — that is a separate debate. This is a members feel it is their job to tell opposition members statement that two weeks out from the election what they should do. The arrogance of that smacks of Mr Baillieu, now the Premier, solemnly said: ‘If I am something like Stalin’s Russia, Tito’s Yugoslavia or elected, I will be different’. I am sure Mr Finn, Mugabe’s Zimbabwe — that government members Mrs Peulich and others will go on about all these think their job is to lecture opposition members about Dorothy Dixers that happened when Labor was in the issues they should raise. government. Dorothy Dix questions have been asked in this Parliament since question time started. This is not a In a Parliament that has now sat since December 2010, question of who has done more and who has done less; there has not been a single incident in either house of a this is a question of honesty and truth. For the first time government member — a member of the coalition — in Victoria a leader said, ‘If you elect me, this will be crossing the floor. There has not been a single incident different. This is what makes me different from where a member of the government in either house has previous government leaders. I am worth electing’. asked a question or raised an adjournment matter even That is in effect what Mr Baillieu said to Ms Cafagna in vaguely critical of the government or scrutinising the televised leaders debate, and nothing has been done government. There has not been a single time in this about it. In fact the use of Dorothy Dixers has reached house when the government has been prepared to refer another level. to a Legislative Council committee any issue that the Labor Party or the Greens on the opposition benches I am sure those opposite will feel incredibly smug in have wished to have referred. going through a litany of what I may have done in my nine years as a minister or what other members of the
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The government’s idea of scrutiny is presumably that theatre to Parliament; yes, there is an element of whatever happens in the cabinet room or the party room partisan debate. But in the end there is a scrutiny is all that matters. Then we have the further level of element of Parliament, and Victoria has moved arrogance from Mr Ondarchie and others as they come significantly over the last few decades to improve in here and lecture opposition members on what they question time in Parliament. As I say, that is a should be asking the government. Not only do they bipartisan move; it has happened on both sides of the want Dorothy Dixers to be asked from their own side, house. Some of the best initiatives in this house came but Mr Guy is also telling Mr Tee what he should ask from the Liberal Party and The Nationals, and some of him in question time. the best initiatives in the Legislative Assembly came from the Labor Party. So there are some good things The arrogance we are starting to see beggars belief. Not that have happened over time to improve scrutiny. only does the government control what its own members ask it; it is now demanding to control what We could go a lot further and perhaps get to a system the opposition asks it. I say through you, President, to like that in New Zealand or in the UK, where in Mr Ondarchie: you may wish to determine what the question time governments are actually held to account. opposition raises here, but we will not move away from But that is a separate debate for a separate time. What our role of scrutinising government. We will not move the debate today is about is holding the Premier to the away from that. I say to Mr Ondarchie: you will not commitment he made when he said the time has come direct us as to what issues we should raise in in Victoria to change the Parliament. Mrs Peulich, I am Parliament, because we were elected by citizens of this sure, will go on forever about what happened in the last state on the same day you were elected, and part of our Parliament or the Parliament before or the Parliament role is scrutiny. I will not resile from shining the bright before that. If that is her way of dealing with the future, light of scrutiny on the government on any occasion. good on her.
It would probably be of assistance to Mr Ondarchie, Mr Finn — You have got to learn from the past. Mr Finn and everybody on the government side, if they do not wish to suffer the same fate as other Mr LENDERS — But I would say to Mr Finn that governments that have lost, if they focused on many would agree that it is through sledging the other honouring some promises, not on controlling the side that former Queensland Premier Anna Bligh is opposition. If they focus on governing well, their where she is today, so if that is the path — — chances of re-election will be a lot stronger. The motion before the house today on Dorothy Dixers goes to that Honourable members interjecting. particular issue. Mr LENDERS — No. I say with all sincerity to Mr Ondarchie — I wish you would say, ‘I’m sorry, those opposite that if they, in their smugness, think the Victorians’. answer is to sledge the opposition, if they think the answer is to not address the issue, if they think the Mr LENDERS — And again Mr Ondarchie cannot answer is to go back and not forward, and if they think help himself — he is telling the opposition what it the answer is to sit there like Mr Dalla-Riva and should do in this house, based on what he thinks would Mr Guy did yesterday, giggling through question time be a good thing. I repeat my earlier comment that if in a at their funny puns at someone else’s expense and not Westminster system the most savage attack weapon of actually reflecting on what has happened, then I would government members is to tell the opposition what say to them that they may wake up in two and a half matters it should be raising, then I think they have years time with an incredible dose of reality. They may completely and totally lost the plot. This is not the reflect back upon this time, when their response to a House of Representatives of Zimbabwe; this is the question about the Premier honouring an admirable Legislative Council of Victoria, and we as an election commitment was to laugh at it and pretend it opposition will not be told by the government what was not there. questions to ask — no matter how much Mr Ondarchie wishes it. They even asked the question in an absolutely clumsy manner, with Mr Koch asking it of Ms Lovell, who was Let us move on to the fourth part of this motion, which sitting next to him. They did not even have the smarts, calls on government members in the Council to honour may I be so bold as to say, to get someone on the other the spirit and the letter of the election commitment the side of the chamber to ask the question. It was so Premier made to Josephine Cafagna and the Victorian blatant and so obvious, and I suspect that they will rue people in November 2010. Yes, there is an element of
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Wednesday, 28 March 2012 COUNCIL 1697 the day when they did not actually listen to what opposition ask us a question? There are more important Mr Baillieu said in the debate with Mr Brumby. things to ask’. So they went back to the Zimbabwe model, where the government tells the opposition what I could go on a lot further about this, but I think the it has to ask at question time. It goes right back to the simple issue here — — arrogance of government members, it goes to the broken election commitments they are not willing to Hon. R. A. Dalla-Riva interjected. honour and it goes to their evasiveness and dodginess.
Mr LENDERS — I cannot believe Mr Dalla-Riva Hon. R. A. Dalla-Riva interjected. is interjecting about his meals. For a man who did not pay for his meals for all of 2010 and 2011, until he was Mr LENDERS — Mr Dalla-Riva misses the point. sprung by the Werribee Mansion, and for a man who He goes back to a sledge-the-past mentality. If does not pay for his meals at cabinet committee Mr David Davis had not promised to do this, we on this meetings, I find it interesting that he is jumping up on side of the house would never have asked if he was this. going to honour that promise. This was not a policy issue of disagreement between parties. Just as Mr Ondarchie — On a point of order, Acting Mr Baillieu promised to change question time, President, I would remind the member, through you, Mr David Davis thought on the Thursday before the Acting President, that this has nothing to do with the election that ministers should pay for meals. A minister motion at hand — but maybe there is no content to it. having a meal at work when they are working through The ACTING PRESIDENT (Mr Tarlamis) — lunchtime is not unreasonable; no-one is saying it is Order! There is no point of order, but I ask Mr Lenders unreasonable. But Mr David Davis, on behalf of the to come back to the motion. coalition, said it was and that if the coalition was elected, it would do something differently. When we in Mr LENDERS — As Mr Dalla-Riva raised the opposition sought to hold the coalition to account all we issue, I will say that the only reason the opposition got back was, ‘How dare you ask us a question!’. Why asked questions in this house about whether ministers did we ask the question? actually pay for their meals in cabinet was because the Leader of the Government, Mr Davis, like his leader, Hon. R. A. Dalla-Riva interjected. Mr Baillieu, had views on what should happen in Mr LENDERS — We asked it because the government. Mr Davis got on ABC 774 at about government said it would do things differently. Like 8 o’clock in the morning on the Thursday before the Mr Baillieu during question time, Mr Davis, on the election and commented on an FOI request about the subject of ministers paying for meals, said one thing to cost of meals of Premier and Cabinet. He said it is win an election and then did something completely outrageous, and he is entitled to have that view. He said different. Before Mr Dalla-Riva gets too excited, I that if he were in government, it would be different — suggest he also look at whether the government has and he is entitled to have that view — and that honoured its commitment — which means going back ministers should pay. Then it took the best part of a to December last year — and whether it has cabinet year or more before Mr Davis would answer a question committees as well as cabinet itself. I think the answer on this matter, whether in the house or on notice, or the will be that, once again, those opposite have weaved, Premier would answer such a question, either on the dodged and evaded. adjournment or on notice. Going back to the original motion, this is not about People opposite may not think it is an important getting in the gutter and saying who has done this, that issue — and in the scheme of things it is not — but in or the other. This is about the Premier making a solemn practice it is a classic example, again, of scrutiny. When commitment, hand on heart, to Josephine Cafagna and in opposition, government members promised that if the Victoria people that he would do things differently. they were elected, ministers would pay for meals. They The fact is that he has not. It is interesting to note that thought it was inappropriate that this had not happened the Premier employed the questioner to be his chief under the previous government. They are entitled to spin doctor, but let us leave that Dorothy Dixer aside. that view, and the community is entitled to that view. But the point I was making in that case is that Mr David Secondly, not only has the Premier not honoured his Davis said the government would do something and it commitment, 14 government members in this chamber took scrutiny for the best part of a year for it to honour have totally ignored his commitment as well. The that commitment. The only response that President is not asked questions, but the ministers are, Mr Dalla-Riva and others had was, ‘How dare the
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1698 COUNCIL Wednesday, 28 March 2012 and each and every one of the 14 government Ms Broad — We have 40 per cent women in non-ministers has gotten up in here, in defiance of the Parliament. How many do you have? Premier, and repeatedly asked Dorothy Dixer questions. Some of those questions have been embarrassing, but Mrs PEULICH — If Ms Broad wants to have a they have asked them. say, she should queue up. She is at the end of the queue, which is either where they have placed her or where she I have said my bit. I urge the house to support this has placed herself. She should queue up, have her motion, because it could be an amazingly tripartisan chance and put her words on the public record. Every motion. We had a commitment from Mr Baillieu to Wednesday Mr Lenders subjects us to — — change the standards of Parliament and to ask the Standing Orders Committee to get rid of Dorothy Ms Broad — Acting President, I seek leave to take Dixers. This was going to change the Victorian up Mrs Peulich’s challenge to bring on a motion right Parliament, much like the introduction of question time now to debate affirmative action in this Parliament. in the Assembly in the 1960s and the Council in the 1970s did, and much like the way other reforms have The ACTING PRESIDENT (Mr O’Brien) — come about. This was the next step in reform. It has not There is no point of order. been referred to the Standing Orders Committee. We Ms Broad — Acting President, it was not a point of could get tripartisan support on this, but I am not order. I sought leave. holding my breath waiting for that. Mr Leane interjected. Mrs PEULICH (South Eastern Metropolitan) — I am yet to understand whether that performance The ACTING PRESIDENT (Mr O’Brien) — The displayed a chronic short-term memory problem, which Opposition Whip has indicated that Ms Broad did not may be commensurate with the fact that Mr Lenders is raise a point of order. Ms Broad has sought leave; I will an older member in the twilight of his political career. ask that leave be considered. As the motion Ms Broad He needs to declutter the opposition’s front bench and seeks to move is not on the notice paper, I formally ask give some of the more talented middle and back if leave is granted. benchers an opportunity. He should stop hogging responsibilities and denying his colleagues, such as Leave refused. Ms Pulford, an opportunity to try out their abilities. He is sitting there hogging those opportunities and giving Mrs PEULICH — If Ms Broad is so embarrassed us a good giggle. Another option is that Mr Lenders’s by the contributions of Mr Lenders and the free kick performance was a test run or a trial for a gig at the this motion provides to government members and Melbourne International Comedy Festival. If it is not members of the Greens, I share her view. I would be the first or the second options, it was a display of just as embarrassed by Mr Lenders’s performance, and enormous arrogance and hypocrisy that would leave an I would want to curtail the debate as well. This debate ordinary person, one who has not been around the block is about openness, accountability and what we did — as many times as I have, gasping, with their mouth and do — stand for. This is in contrast to the 12 years falling to the floor. of trashed policies and commitments from the Labor Party, penned and authorised by Mr Lenders in the Mr Lenders knows full well that those who do not 1999 Integrity in Public Life policy. Mr Lenders know history are condemned to repeat it. I am a great authorised this when he was leading the Labor believer in knowing the history behind something. I had secretariat. the honour of being elected to this chamber in 2006. Looking at Mr Lenders’s performance, it strikes me as There is no greater example. If I were Mr Lenders, my extraordinary how many of his dissertations and integrity would mean something to me. He actually put lectures, dripping in piety, seem to focus on women, himself in the gun. The hypocrisy of Mr Lenders and although in this instance the motion technically focused the Labor Party is blatantly clear to anyone who cares on the Premier. That women often seem to be the to devote 30 seconds of thinking on this issue. It is just subject of Mr Lenders’s focus and attack may display unbelievable. If I were Mr Lenders, I, like Ms Broad, an underlying problem or just the hypocrisy of the would be absolutely ashamed of what has happened. I Labor Party whose members claim they are the great would want to curtail debate. At the end of the day if believers in social justice and in equality of the genders. she wants to have another debate about Mr Lenders’s Given the attacks on women by Mr Lenders since 2006, conduct and his targeting of women, she should have Labor women should be giving him an earful. He is a moved that motion and made sure it was to be debated disgrace. This is yet another example of that. at a time when we are not discussing non-government
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Wednesday, 28 March 2012 COUNCIL 1699 business. She ought to queue up. It is up to her to Mrs PEULICH — It is a difficult issue, because the negotiate that with her leader, Mr Lenders, who keeps extract refers to a matter Mr Lenders raised on hogging opportunities to contribute to debate and 13 October 2011. It is the subject of this debate, yet I subjects members of this chamber to more of his rants am not able to refer to the extract. every Wednesday during sitting weeks. This is yet another one. Mr Finn — I think you are home. Six months is up.
During the last sitting week we had a similar debate Mrs PEULICH — Am I home? canvassing many of the same issues. We will canvass them again this sitting week. I look forward to hearing The ACTING PRESIDENT (Mr O’Brien) — the contributions of other government members. Order! On our quick calculations, regrettably Mrs Peulich is a fortnight too early in relation to using Anna Bligh made commitments — — the extract. If Mrs Peulich has other information, we would be happy to consider it. I ask her to apply my Mr Finn — The former Premier. guidance.
Mrs PEULICH — The former Queensland Mrs PEULICH — I did not have my calendar Premier, Anna Bligh, broke those commitments. She handy. I will paraphrase the extract, which will keep me subjected her opponent, Campbell Newman, to a in compliance with standing orders. Accountability is character assassination, and she was punished severely. very much about the whole raft of measures that this In the last days before her defeat she showed some government has delivered and will continue to deliver. honour. Sensibly, she got the message. There was no The Labor Party, when in government for a dirty dozen way that Ms Bligh could have walked back into the years, failed to deliver this raft and abused its position Labor Party room after such a massive obliteration. She at every opportunity. had the good sense to try to retain some shred of dignity by picking up her bat and ball knowing it was the Question time is one element of this extract. Typically curtain call. Mr Lenders ought to take a leaf out of and characteristically, Mr Lenders has misrepresented Anna Bligh’s book. He was repudiated. The policies he what the Premier said. I am not surprised by that. His penned and authorised which were the subject of entire political life has been about misrepresentation election campaigns in both 1999 and 2002 were trashed and deceiving the voting public. This was exemplified, and shredded. He has the audacity to stand in this as I said before, by him penning and authorising the chamber and lecture us about these important principles 1999 document Integrity in Public Life — Labor’s Plan that he does not want to debate or canvass more for Proper Standards yet proceeding, as a former broadly. Leader of the Government, a senior minister and a former Treasurer, to trash every element of that. I will go to the substance of the motion, given that Mr Lenders does not have the good sense to show a We have had some discussion about the former little bit of dignity as he is coming to the end of his government’s abuse of the advertising code that it political life. adopted. I will not recap that debate, but it was the subject of an Auditor-General’s report. The former Ms Broad — You’re such a dignified person! government’s abuse of that code as it struggled to hold onto government was well reported by the media. Mrs PEULICH — The Labor Party has shown no Commuters could not get a train, and if they could, they dignity whatsoever. I will refer to the extract from could not get a seat on that train. But the former Hansard that I have, but I am not sure whether six government had plenty of money to promote itself as a months has actually passed since it was published. I am way of trying to save its political skin — that is what guided by the Acting President as to whether I can the Labor Party is about. The coalition is about quote an extract from Hansard for the purposes of accountability, transparency and delivering on its debate, given that it is the subject of the motion. policies.
The ACTING PRESIDENT (Mr O’Brien) — Hon. M. P. Pakula — Except you haven’t delivered Order! My guidance is that the rule is that so long as the on any of them. extract is not less than six months old, it can be used. I cannot assist the member in regard to the facts; the Mrs PEULICH — I would have thought that member will have to make her own call. Mr Pakula had more sense and that his better political life was ahead of him. Can Mr Pakula live down the fact that in this chamber he voted against strengthening
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FOI laws? There was some pathetic acrobatic At the time the Premier, then the Leader of the manoeuvre in his argument when he voted against Opposition, said that the then Premier, Steve Bracks, strengthening FOI laws. That is a blunder that I would engaged in hyperbole on freedom of information and not have expected from someone who was reasonably that the government was one of secrecy. He said that smart and had better years ahead of him — unlike ‘they don’t answer questions in Parliament’, and we all Mr Lenders, who obviously is in the twilight of his know this to be true; it was freedom from information. political career. He probably should have taken his bat The government has now introduced a commissioner and ball and gone. A bit like Anna Bligh, he should for FOI who will oversee all non-government freedom have read the tea leaves and saved the remnants of his of information applications. That will substantially beef integrity — if there is any left — and tried to rebuild it up the FOI laws. in a post-parliamentary career. On the subject of a government of secrecy, last week I Labor’s spin, which we see in this motion, is mentioned that Ms Kosky, a former member for Altona characteristic of Labor and is the reason why Labor was in the Assembly who held the portfolios of both the arts tossed out of office. The bull, the distortions and the and transport, buried the documents pertaining to spin that we heard from Mr Lenders — and he is the Spencer Street station for 50 years. They were put out spinmeister, and we can track that back to 1999 — are of the view of the public for 50 years. the reasons why Labor was tossed out of office. Labor members, especially those who have recently been Honourable members interjecting. elected to the Parliament, ought to make sure that a double line is drawn under that sort of conduct so they Mrs PEULICH — In her capacity as the Minister can turn the corner and rebuild their political fortunes. for the Arts. If anyone is digging around to try to find That is a bit of free political advice, which I do not that information about Spencer Street, it would be a often give to Labor Party members — for good reason. little less clear, more opaque — more secret, dare I say. As Mr Finn said, we want Mr Lenders to use every Again, that is Mr Lenders’s spin and hypocrisy: Wednesday to bring forward motions such as this, Ms Kosky burying a very important bit of public because we actually enjoy debating them. information for 50 years. It is symptomatic of the Labor illness and Labor’s abuse. To suggest that we ought to In his reply to Ms Cafagna Mr Baillieu said that have parliamentary reform in response to the low level question time in Parliament had become a farce. The of public life that we saw under Labor is absolutely reason why it had become a farce was not a revelation farcical. by only Mr Baillieu; it was the view of most Victorians. They were sick and tired of the spin, because in reality Hon. M. P. Pakula — It’s what you promised! their experience of life under Labor was diametrically Mrs PEULICH — That is not what Mr Baillieu and distinctly different from the spin that was coming promised. from people such as Mr Lenders, Mr Brumby and of course Mr Bracks before him. Hon. M. P. Pakula — What did he promise?
Obviously Parliament does have a clear role in Mrs PEULICH — Listen carefully. Mr Baillieu democracy. It is not the only role, but it is a significant said: role. In our system, where government members ask what are popularly termed Dorothy Dixers and I believe there should be widespread reform of Parliament in opposition members ask the tough questions, one order to engage the community and in order for our democracy to work effectively. expects that with the best of it and the worst of it, truth will emerge. That is the way that our system is built. If He also said that he wanted to make Parliament more opposition members believe that Dorothy Dixers are accountable and he wanted ministers to answer somehow not a reflection of reality, then their questions. commitment, hard work and skill should be directed to exposing the shortcomings. That is their job; it requires Members have seen the President in this chamber hard work, persistence and being on the ball. If playing a much more interventionist role in bringing opposition members cannot match what happens under ministers to account and also ensuring that their the system, then perhaps they or those who are devising answers are relevant. Indeed the President has been their strategy ought to reconsider their strategy. Maybe very interventionist in cutting out the bull and the spin, more hard work is required. which the opposition’s presiding officers failed to do.
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The government has delivered exactly what the then for the truth, no regard for the facts and no regard for opposition leader said it would. The house has adopted history, and I believe they can only fool the public for sessional orders to make answers relevant, and no so long. We saw that demonstrated in Queensland: the amount of spinning the truth will change that. If public will only be fooled for so long. Question time is Mr Pakula wants to hook his credibility wagon to more accountable now than it was under Labor. Mr Lenders’s, he should go for it — but I would not Ministers endeavour to answer questions. With his recommend it as a good career move. more interventionist approach, the presiding officer ensures that they are on the question, and in the time Under this Labor opposition what we have seen are since we were elected more questions on notice have volumes or mountains of smart alec cut-and-paste been responded to than during the total time of the questions on notice, which are written by Labor’s dirt previous Parliament under Labor. unit, to try to take up the valuable time of public servants — — Queensland lost for 44 good reasons, with members who did not heed the truth or the public view. Victorian Hon. M. P. Pakula interjected. Labor continues to stick its head in the sand and continues the cultures, policies and practices of the Mrs PEULICH — What are you complaining previous regime. Until Labor draws a line under it, about? They try to take up the valuable time of public turns the corner and forces people like Mr Lenders into servants and divert them from the main task of working retirement in order to dissociate itself from the previous for the people of Victoria. This Baillieu coalition dirty 12 years, Victorian Labor will not rebuild its government has already in this Parliament answered fortunes. I hope that continues. The Baillieu coalition more questions than Labor did in all the last Parliament. government is focused and committed to delivering on Hon. M. P. Pakula — You don’t answer them! its promises, which include a raft of integrity measures. They have already been delivered in the short time we Mrs PEULICH — If Mr Pakula believes that any have been in office. With those few words, I conclude of those answers are inadequate, there are avenues for by saying that Mr Lenders’s test run for the comedy him to take that up. festival is evident for what it is: a joke, an insult and an embarrassment to him. Secondly and importantly, the government is introducing IBAC (Independent Broad-based Mr BARBER (Northern Metropolitan) — This is a Anti-Corruption Commission). time-wasting motion from the ALP when there are so many other important motions on the notice paper that Hon. M. P. Pakula — Let’s talk about IBAC! we could get onto debating — motions that hold the government to account, seek information, and, in some Mrs PEULICH — We are talking about IBAC, a cases, propose taking actions that at some point public interest monitor and an FOI commissioner — somewhere might actually influence the governance of already we are well on the way to delivering a raft of the state. accountability and integrity measures that would never have crossed the minds of Labor members. They This is a piece of political Spakfilla that is going to go promised it in policies, they misled voters, but they nowhere near filling the yawning crevasse that is the never delivered it over 12 dirty years of Labor. We ALP’s policy agenda. Its members think they can just have done exactly what we said we would do. Labor trudge along, waiting for the Premier, Ted Baillieu, to members do not like it. They had 12 years to do it, but trip over his own shoelaces while trying not to trip over they did none of it. They did absolutely zilch — zip. In their own, when the public is desperate for political fact they abused democracy, and Mr Lenders was a leadership on the policy issues that affect citizens in prime architect of that strategy and that history that was their day-to-day life. For example, further down the repudiated by Victorians at the last state election. I notice paper there are notices of motion concerning believe that Victorians will repudiate Labor even more public transport, fare rises, the proposal to site a toxic overwhelmingly in the next state election. We see this soil facility in the Greater Dandenong municipality, the around the state: people are sick and tired of the spin, impact of fare evasion on the revenue available to our the lies and the deceit. public transport system, the costs of running the Australian Formula One Grand Prix as part of our Whatever Mr Lenders says, what he is trying to do with major events program, child-care funding, which was his Wednesday rants is rewrite history, but some of us given by Ms Mikakos, and so on and so forth. have been around long enough to remember it. This is a typical Labor strategy. Labor members have no regard
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I do not propose to waste any more time on this motion probably mistaken on that count. There are a lot of because I want to get onto important matters where we conspiracy theories. can hold the government to account. From the point of view of the average citizen, question time is the most The Premier clearly stated that he would address this watched, and in some ways the least useful, part of issue in standing orders, and he has not. Similarly the Parliament. There is a simple way to enhance its Premier clearly stated to the teachers in a forum that he usefulness — that is, for the parties of this Parliament would make them the highest paid teachers in the themselves to do so. However, if it is of any assistance country. That has not happened. That was untrue. to the ALP, I make a pledge now on behalf of my two Greens colleagues and myself that should we become Hon. M. P. Pakula — A porky. ministers in a future government we will not take Mr LEANE — That was a porky, if ever there was Dorothy Dixer questions but use ministerial statements. one. Mrs Peulich brought up FOI. In the election Standing order 5.13 is the appropriate place for a campaign when another journalist asked the Premier minister to make a statement or a government about FOI the Premier’s response was, ‘When it comes announcement. It does not get used very often in this to FOI, my position is ask and ye will receive’. That Parliament, possibly because there is a further provision was his response. That has not happened, so that was for up to 2 hours debate when taking note of a untrue. Then towards the end of the election campaign, ministerial statement. In my view Dorothy Dixers when there was a big push on, the Premier was going should be ruled out by the President, and the around throwing railway lines in everywhere. He was government should be directed to make a ministerial going around saying, ‘We will actually build a railway statement when it wants simply to announce its latest line to Doncaster’. That is not going to happen — that good news story via the vehicle of question time. was untrue. The train line to Rowville is never going to happen. There was the train line to Tullamarine and the Mr LEANE (Eastern Metropolitan) — Thank you, monorail to Avalon. The government now says it Mr Barber, for your humble advice. I acknowledge that cannot afford two tracks, so it might do one to Avalon. Mr Barber is the smartest man in the room — and we That might be the go. It is just endless. all need to acknowledge and bow to that — because I am starting to believe the rumour that he has counted to Mrs Peulich brought up the IBAC (Independent infinity twice! To address his critique, we believe this is Broad-based Anti-corruption Commission). The IBAC an important motion because it is an indication of the was going to be the New South Wales model — it was tip of the iceberg of election commitments made by going to be the Ferrari. It is not the Ferrari; it is a Ted Baillieu and the coalition when in opposition — — clapped-out bomb. The IBAC has got no clothes, and the big statement about the IBAC has been exposed. Mr Finn interjected. There was the commitment of 100 new hospital beds in the financial year — there has actually been a reduction Mr LEANE — I am happy to get to that, Mr Finn. I in hospital beds. There will not be 100 new hospital have high expectations of, and I look forward to, beds by the end of the financial year. There will not be Mr Finn’s contribution. My travelling time has been the 800 hospital beds that were committed. As I said, greatly reduced, thank you very much. this Dorothy Dixer commitment is just the tip of the iceberg of a plethora of untruths. The Premier and the This is the tip of the iceberg of commitments this coalition went out during the election campaign, and government has reneged on. It is as clear as that. Most, they had no intention of fulfilling these promises. if not all, of us would have watched the televised debate between Mr Baillieu and the former Premier, I want to touch on paragraph 4 of Mr Lenders’s motion. Mr Brumby. I clearly remember the journalist asking He calls on government members to ‘honour the spirit the question regarding Dorothy Dixers. It was asked in and letter of the Premier’s election commitment’. Every the fashion of Dorothy Dixers. Mr Baillieu’s response time a government member gets up and reads a was that, if elected, he would change the standing question they are party to the lie of the Premier’s claim orders, but he has not done that. He was asked by a that Dorothy Dixers would be no longer. I was a journalist who a few weeks later, after the election, government member — long, good days they were. I became an employee of the Premier. I am not going to used to sit where Mr Ondarchie sits. I will give subscribe to conspiracy theories such as that the Greens Mr Ondarchie some credit: he actually does what I used are CIA agents. I would not want to be aligning myself to try to do — he memorises the question that is handed with people who suggest that. At one time I did think I to him. He puts some hand movements into it and he might have heard Mr Barber’s shoe ringing, but I was pretends it is actually a question that he drafted, not one
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Wednesday, 28 March 2012 COUNCIL 1703 given to him by an adviser. I will give him credit for Mr Lenders interjected. that, but the reality is that the Dorothy Dixers have not been eliminated, and that was the suggestion that the Mr LEANE — I would not expect there would be Premier made. This is an important motion, because it any angst between Nationals members and Liberal is about credibility. I am waiting for Mr Finn. He will Party members — I am assuming they are one. In any get up and talk about — — event there is no impediment in a parliamentary sense, so if this change is not made, it will be just another of Mr Lenders — Why he didn’t run in Niddrie? the myriad of untruths the coalition went out and stated during the election campaign. Mr LEANE — He might talk about why he did not run in Niddrie. I do not know. He has already Mr DRUM (Northern Victoria) — This is a great interjected on EastLink. As Mr Lenders said, the opportunity for coalition members to rise in this place government members need to take heed. There was a and talk about the achievements of the coalition change of policy on EastLink. EastLink is built, and it government and the ways we have been able to back up is a great asset out in the east, but you need to ask the with what we have done in government what we said in electorate about the members for Bayswater, Kilsyth opposition we would do in government. It is a great and Ferntree Gully in the other place and about them opportunity for us to tell a great story. not fulfilling something that they proposed to do. Our Minister for Health is continually questioned about Mr Finn will get up and talk about the Prime Minister. a range of issues, such as the ramping of ambulances. Mrs Peulich spoke about Mr Lenders and tried to Do you think we could ever get the previous colour him as Masonic. Let us wait and see what is said government to open up and acknowledge we had a about the Prime Minister and if there is any similar problem such as ramping? However, when in reflection. I know Mr Finn is going to talk about the opposition the health minister spoke about this, saying, price on carbon, because I have heard that speech about ‘In government we’ll publish these figures. We’ll put 17 times this term. Maybe he could just put it on a loop. them on the web’, and that is what the health minister The federal government is a minority government that has done. How do we fix this issue? It is going to take was formed with a number of Independents and a years of further investment in the health sector to get Greens member. People should remember what Tony the situation to a stage where we can be proud of what Abbott offered to those Independents and the Greens to we have done there, but opening up this problem and form a government himself. letting the people of Victoria understand the extent of it is something this government has been very proud to Mr Finn interjected. do.
Mr LEANE — Mr Finn should remember what he We made other promises. For years and years we had actually offered. He was desperate. called on the previous government to set up an independent, broadbased anticorruption commission Mr Finn interjected. (IBAC), but those calls continually fell on deaf ears. Mr LEANE — It would be unparliamentary for me We have moved to get the Independent Broad-based to mention what he said he was prepared to offer. If the Anti-corruption Commission up and running. We have Greens and the minor parties had gone with Mr Abbott, legislated — and we continue to legislate — to make we might be having the reverse argument about sure everything we said we would do about an IBAC commitments. As far as this Parliament goes, the comes to fruition. We said we would put the debate Baillieu government — and we will be reminded about about corruption in this state behind us once and for all this for a long time — has a majority in both houses. by bringing in an independent body, meaning all of Every commitment those opposite made, they can carry us — all public servants — would have to live and out. They face no impediment in this chamber or in the work by the code of ethics the people of Victoria expect other chamber. There is no impediment in Parliament of their public servants. For years and years the Bracks standing in the way of their implementing the changes and Brumby governments had turned a blind eye to to question time — no impediment at all. They do not activities in many areas that were verging on have to do any negotiation with the minor parties — corruption; they would certainly have made most with any other party — or with Independents. Victorians extremely concerned about the goings-on involving their public servants. We moved to create the Mr Barber — Just The Nationals. IBAC as we said we would do.
Mr LEANE — Just The Nationals.
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We set up the freedom of information commissioner. Hon. M. P. Pakula — What did he say about We have brought in an independent person to look at Dorothys? the relevant area, and again this is something we are extremely proud of. We had an opportunity to do it, and Mr DRUM — No, the issue you are trying to raise we did it. Again the previous government had been is what Josephine Cafagna said about Dorothys. Again called on to do this for years and years, but it would not it is beautiful Labor work here, where Labor members do it. We also brought in the public interest monitor. are going to take the words of an ABC reporter and slip These are the things the current Premier, when Leader them across and pretend they are the words of the of the Opposition, stood up and said he would bring in Premier. That is not the case. Labor can try as much it and which in government he has brought in. likes to rewrite history. Labor can try as much as it likes to tell Victorians that the way it would like it to be is in I know the Labor Party does not like this. I know it has fact the case, but it does not work. It does not matter problems with the way we have brought in how many times Labor comes up with slogans. It does transparency in government. I know the Labor Party is not matter how many times Labor tries to spin the past. always trying to find some commitment we may have It does not matter many times Labor repeats lies — referred to during the election campaign that we have they are still just lies. It does not matter one skerrick not been able to fulfil to the present time; however, the how many times Labor members come into this way in which this government is methodically, chamber and put forward a history that has been deliberately and responsibly moving through all of its rewritten in the way the Labor Party would like it to be commitments and ticking them off is something the rewritten. It does not matter how many times they do it, vast majority of Victorians are able to look at and say in because their lies will always be just lies. response, ‘We have people who we understand are governing this state in tough economic times. We have We need to have strong governance that is going to act people who will be responsible in being in charge of the in the best interest of Victorians. We need to have books. We never had confidence Labor could ever strong government that is going to do what it said it was manage the finances of the state. Now in tough going to do. That is something Victorians can be proud economic times we have — thank goodness — the of — to have a government like this. As I said, if they Baillieu-Ryan government, in which we have full read through what the Premier has said, Victorians can confidence and which has been able to steer the ship rest easy knowing that we have a government that has through these tough times’. been in government for less than one and a half years and has already brought on board these areas of In relation to the conversation with an ABC reporter transparency and accountability. It has brought on that former Minister Lenders spoke about — the board measures of responsibility, and most Victorians interview with Josephine Cafagna — I have a copy of realise that we have somebody at the levers of the the relevant extract. When you read through the exact controls whom they can trust to act in a responsible words of the interview you will see that Mr Baillieu fashion. again has been true to his word. I do not think anybody is fooled by the process to Hon. M. P. Pakula — Read it out! All of it! which our question time has become subject. I think Dorothy Dixers are as useless as they have always Mr DRUM — I do not need to read it out, been. I think the debate on calls for change to Dorothy Mr Pakula. What we have here is another example of Dixers could be truly alive and as well as it is today in the Premier being true to his word. The Premier has two years time, three years time or five years time. I been able to — — think when a government decides to do away with Dorothy Dixers and replaces them with ministerial Hon. M. P. Pakula — What did he say about statements, there will be little difference in the process Dorothys? Read it out! compared to how it is at the moment.
Mr DRUM — I will read out a bit: Hon. M. P. Pakula — Then why won’t you do it? I believe the standing orders should be changed. I believe That is what you said you would do. there should be widespread reform of Parliament in order to engage the community and in order for our democracy to Mr DRUM — Mr Pakula, we will not do it because work … effectively. we never said we would do it. Of all the things we have to do, such as dealing with the economy and running That is exactly what he has done. the state, this rates as being of minuscule importance to the people of Victoria. We do not need to spend time on
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Wednesday, 28 March 2012 COUNCIL 1705 a minuscule issue like this when there are so many ‘It should do something’, is what he continually says. other areas that need to be addressed. Quite frankly We have ministers working at amazing rates. We have whether the government gets its message across to the a Premier who is up and at it every day with a work rate people of Victoria in a Dorothy Dixer or in a ministerial that is beyond reproach. We have a Deputy Premier statement really does not matter. who is working 20 hours a day and taking this state through very difficult times. We have a ministry and a This debate is about a lie. It is about the Labor Party workforce that is doing an enormous amount of work trying to rewrite history in a way that it was never and showing brilliant leadership in tough times. We written. Words have been put into the mouth of the need a little bit more from the opposition if we are Premier which he was supposed to have said but never going to have a credible debate and credible arguments. said. Here we go again with the former government If the opposition is going to have any credibility living with the total embarrassment that it was in whatsoever, it needs a leader who actually says government for 11 years and did not need any extra something other than, ‘I think the government should police for all those 11 years until the then opposition do something’. It is quite farcical, but it has happened came up with a call to introduce 1700 new police. Then again — that is the Labor Party’s problem, not the all of a sudden former Premier Brumby said, ‘Actually coalition’s problem. We get about doing what we said we do need more police now, so we will match we would do. whatever they are doing. What do you want to do? Put PSOs (protective services officers) on railway stations? This is just another opportunity for the coalition to Plastic police? What are they going to do? Are they stand up and highlight that within one and a half years going to ring the cops?’. it has acted in a whole range of areas the previous government simply refused to touch. It was too hard, When we came up with a PSO policy about making our too tough and too close to the bone in some areas. train stations safer for our people, the cynicism and When you look at what happened at Brimbank, what ridicule that came from the then government was happened with the building over the road and some of palpable. Now we have in opposition those same the processes that were employed by the former people who ridiculed that policy. They come to all of government, there is no wonder that it steered away our major stations and want to know, ‘When are we from some of these openness and accountability issues. going to get our PSOs? When are we going to get them It gives me a great opportunity to again highlight the on this station? When are they going to come to fact that we have been in the driver’s seat for a very Kangaroo Flat? When are they going to come to short space of time when compared to the previous Bendigo? When are they going to come to all of the government; however, we have taken on board some of major stations?’. the bigger issues. In the areas we were able to promise we would effect change, we have done that. Mr Leane interjected. Ultimately we are now in a situation where the Mr DRUM — Here we go again. One minute opposition may want to get on board and stop this tying Mr Leane wants to ridicule a policy from the up of ministers’ time with more questions on notice in government of the day, and the next minute he wants to one and a half years than the previous government had get a media article in his name with his photo on it and to answer over the four-year period of the last wants to know when a government policy is going to be Parliament. The opposition probably thinks that it is a delivered. The hypocrisy of opposition members is bit of fun to ask the same question 25 different times of quite staggering; however, that is their problem. They 22 different ministers and that those 700 questions will have to live with the idea that not once in the past somehow or other are a good use of ministerial office 18 months have they come up with a policy — not time. If that is what it thinks, then the people of Victoria once! For years in government they talked about will find out what this mob gets up to in here. credibility in this place. They talked about some Opposition members might then have some more credibility in this chamber. An opposition has the explaining to do as to why they are quite happy to ability to come up with policies that go in a different waste time. However, our job is simply to take all direction from those of the current government, but before us, head down, backside-up, and get the job there is absolutely nothing from this opposition. done. Again it is what we have been able to show we At the moment the Leader of the Opposition’s have done. catchphrase is, ‘The government should do something’. That puts motions such as this one from Mr Lenders Okay, Daniel Andrews, member for Mulgrave in the into perspective, and it is something we do not need to Assembly — what is it that the government should do? spend too much time and energy on because we know it
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1706 COUNCIL Wednesday, 28 March 2012 is not true. The opposition’s ability to retry and rewrite electricity and putting people, who are not wanted or history is unsurpassed, and that can be seen from many liked by the left wingers in this country, behind the of its accusations. Its ability to relay things as they are eight ball; that is what this carbon tax is all about. not is unsurpassed. In government Labor was the master of spin, and now in opposition it simply lacks The ACTING PRESIDENT (Mr Elasmar) — credibility. It tries to misuse the facts, which is a nice Order! Mr Finn should return to debating the motion way of saying it is trying to get some form of mud to before the house. stick to the government. Mr FINN — Absolutely, Acting President. You will We reject the motion out of hand. We hope Victorians have to call Mr Barber to order and ask him to stop will start to look through this opposition and see it as leading me astray, because my thoughts sometimes being lazy and lacking credibility, particularly in the wander. types of debate in which it wishes to engage. To get back to what I was saying, Mr Leane made the Mr FINN (Western Metropolitan) — I always enjoy comment that one of the great broken promises of this speaking to motions moved by Mr Lenders. It is a great government was about the rail link to Tullamarine pity that he left the chamber during the course of this airport. My recollection is, and it is a very clear debate. I always find it odd, not that it happens all that recollection, that in 1999 the western suburbs, often, that a member can move a motion on a matter particularly the north-west, could claim the record as they obviously think is of great importance to the future being the very first area in Victoria to suffer from a of the state and then leave the chamber while the broken promise by the Labor Party. The first lie of the motion is being debated. To me that is a sign that they Bracks government was directed toward the are not all that interested in what the rest of us are north-western suburbs of Melbourne when it said, forced to discuss. However, the fact that Mr Lenders is ‘Remember the rail link we were going to build to not here will not daunt me, and I will continue Tullamarine? We were joking; we are not going to do it discussing this particular matter. now’. Of course that proposal died; it disappeared off the agenda altogether. An honourable member interjected. Since that day when Labor broke its first promise, we Mr FINN — He may be listening on the speaker in have seen a long line to follow. That is just the way it his room and he may deign to join us. He may deign to does things. I am disappointed that Mr Lenders has not wander up the corridor, actually walk into the chamber come into the chamber to participate any further in this and listen to what is said, live and in person, as it were. debate, because I like Mr Lenders. Some people in the Before going any further, I refer to the contribution general community may think that because we are on from Mr Leane. opposing sides in this chamber or in politics generally that we do not personally like each other, but I do like Mr Barber — What about the carbon tax? Mr Lenders. Perhaps we do not have a great deal in common, but there is one thing that binds us, and that Mr FINN — I can absolutely assure Mr Barber that of course is the fact that we both have a devotion — I we will get to the carbon tax in a minute. suppose that would be the word to use — to the Mr Barber — A huge carbon tax. Richmond Football Club. I hope Mr Lenders has a very good evening tomorrow night at the MCG, and at this Mr FINN — It is a huge carbon tax. Mr Barber told point I am quietly confident that he will have. I hope he me during the last sitting week that the Greens want a has a better night tomorrow night than the day he is $60-a-tonne carbon tax. I wonder whether the Assistant having here in this chamber today, because this motion Treasurer, Mr Rich-Phillips, could tell us what a is a shocker; it is just atrocious. $60-a-tonne carbon tax would do to industry in Victoria. I do not think there would be much left. There Talk about overkill. This is overkill of the highest order, is not going to be much left anyway, but a $60 tax and I can well understand why Ms Broad got to her feet would wipe out everything. But Mr Barber will not a little earlier and tried to shut down debate on this divert me from what I am saying. motion. I can well understand why Ms Broad decided that she had something better to debate. She had Mr Barber interjected. something better to talk about when she got to her feet and sought leave to debate a completely different Mr FINN — Mr Barber knows this is not about matter. I can fully understand why she did that, because what it is collecting; it is about hitting industry, hitting this motion would come close to being the greatest
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Wednesday, 28 March 2012 COUNCIL 1707 waste of time — and let us face it, Wednesdays are families are on about when Labor members come in renowned for that — if not cross the line of being the here talking about things that quite frankly most people greatest waste of time that this house has faced in the do not even know about. They do not know about it, term of this government. they do not care about it and they think it is all nonsense. Why do they think it is all nonsense? I commend Ms Broad on her courage, because it is not Because it is. This is typical of the Labor Party that we very often that you see a member of the opposition take have all come to know over recent years. on their own leader in such a public forum. It is very rare, and in fact I do not recall it happening. Over my When Mr Barber got up and started to talk about what nearly 20 years of experience I do not recall a member the Greens were going to do when they formed of the Labor Party taking on their leader and attempting government, the debate went up a level. It went from to shut them down by getting up and seeking leave to ridiculous to really stupid. Mr Barber made all sorts of propose another matter for discussion. That is unheard claims about what the Greens were going to do when of, and I commend Ms Broad for her courage on that. I they formed government. It amused us — I know it understand why she did it, because this is just a total amused Mr Pakula no end — but it should not have waste of time. surprised any of us, particularly when you consider what the federal leader of the Greens, Senator Bob In the course of a week I get around to a huge number Brown, is quoted as having said at the 40th anniversary of places within the Western Metropolitan Region and conference of the Greens. Can you imagine what a sometimes outside the west as well. I speak to sensational weekend that would be? They held it in hundreds, sometimes thousands, of people about a Hobart. A big night was had down there, I can well whole range of matters, but since the election of imagine. They would have been hanging from the trees November 2010 this is the first time that the issue of down there. Senator Brown is quoted as having said: Dorothy Dixers has been raised with me. I get around, and I speak to a lot of people. In Sunshine, Werribee, Here is one sobering possibility for our isolation: maybe life Point Cook, Maribyrnong, Essendon, Craigieburn, has often evolved to intelligence on other planets with biospheres and every time that intelligence, when it became Greenvale or wherever it may be nobody has raised the able to alter its environment, did so with catastrophic issue of Dorothy Dixers with me. consequences. Maybe we have had many predecessors in the cosmos but all have brought about their own downfall. Mr Barber — They all want public transport. That’s why they are not communicating with Earth. They Mr FINN — Public transport is a very big issue, have extincted themselves. Mr Barber; absolutely. We can talk about that in a That is what he said! They have ‘extincted themselves’. minute. We can talk about that at length. Senator Brown continued:
I want to make the point that of all the issues that are They have come and gone. And now it’s our turn. raised with me on a daily basis, nobody in the last 14, 15 or 16 months has raised the issue of Dorothy Dixers. If he is talking about the Greens, hear, hear! Now it is If nobody out in the community is worried about their turn. They have come, and it is well and truly time Dorothy Dixers, why is the Leader of the Opposition for them to go. Let us hope before long we can say coming in here today wasting the time of this about the Greens that they too have ‘extincted Parliament? We have really important things to discuss, themselves’. I will look that up in Funk and Wagnalls a and Mr Barber will back me up. We have many bit later on, because that is a new turn of phrase for me. important things to discuss, but here we are talking As I was saying, when I hear comments from about something that the general community has Mr Barber in a debate such as this about what the absolutely no interest in. Greens are going to do when they form government I think to myself we really are off with the pixies. Is it any wonder that the Labor Party has a disconnect with ordinary people? Is it any wonder that we saw the The real issue here is why we are debating this motion result that we did in Queensland on Saturday, in New today. The real issue is why Mr Lenders is bringing this South Wales last year or in Victoria the year before? Is motion to this chamber and wasting our time today. it any wonder that the Labor Party cannot connect with Interestingly enough, he is not wasting his own time. ordinary people any more? It cannot connect with He is out doing something better. Perhaps we should hardworking Australians — Australian families, as the join him. Perhaps we should all be doing something Prime Minister likes to rabbit on about. Is it any wonder better. Mr Lenders has not been in the chamber for the that the Labor Party has no idea what Australian debate on his motion for quite some time. Even in the
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1708 COUNCIL Wednesday, 28 March 2012 mind of Mr Lenders this is not a major issue. Certainly actions — or perhaps the inaction — of the previous before the last election it was not an issue in any way, government. shape or form, despite what Mr Leane attempted to tell us. Mr Leane attempted to tell us that this was an issue In 2006, when I first came to this place, Point Cook was that brought down the Brumby government. I can tell a small settlement. By 2010 it was a booming suburb, Mr Leane that there were many issues that brought and it remains a booming suburb. But what had down the Brumby government, but this was not one of happened between 2006 and 2010 was that the previous them. government, the Brumby government, under the then Minister for Planning, Minister Madden, had taken all As I travelled throughout the western suburbs before the land tax and had taken every cent it could out of the last election with Mr Elsbury, who has joined me in every land sale and every stamp duty payment in a big this place for this term and I have no doubt for many way — and stamp duty was huge in Point Cook. But terms to come — and Mr Pakula will be interested to what the previous government had not done was hear this, because he does not get out to the west very provide the people of Point Cook with appropriate road often; in fact he might want to take notes — we heard infrastructure. What the previous government had not about the issues of the western suburbs. We heard about done was provide the people of Point Cook with the the neglect that Labor had visited upon the western appropriate public transport. What the previous suburbs for 11 years. government had done was fail the people of Point Cook on every point. We now have a situation where there In fact the campaign slogan of the Liberal Party in the are thousands and thousands of people living at Point western suburbs before the last election was ‘Labor Cook. The previous government ripped the money out neglects the west — this time vote Liberal’. That and put nothing back, so now this government is in a resonated with western suburbs communities because position where it has to solve the problems, and it will they knew that Labor had neglected them in an do that. extraordinarily substantial way, and they responded by increasing the primary vote of the Liberal Party in the Mr Barber interjected. upper house by over a third. In fact Mr Elsbury was extraordinarily confident on the night of the election Mr FINN — It will be tough. Mr Barber knows it itself that he had been elected, such was the response of will be tough, and we are aware of just how tough this people to the neglect that they had suffered as a result budget will be. The Assistant Treasurer, Minister of 11 years of Labor government. Rich-Phillips, will back me up on this, I am sure: it is as a direct result of the 11 years of Labor that we had prior We are now in the process of turning that around. In to the election of this government that we will have a fact we have had so many ministers visiting the western tough budget this year. We have all those issues, not suburbs since the election in 2010 that one local just in Point Cook but right through the western mayor — I will not say which local mayor it was — at suburbs. You just have to go to Essendon to see that. a recent function said, ‘At last we have a government Essendon is a seat that we almost won. In fact it is a that is taking the western suburbs seriously’. And is it seat that we should have won, and I kick myself almost not about time? every day that we did not win that seat. There were issues there that caused people to vote against the then Honourable members interjecting. government.
Mr FINN — Mr Pakula over there has a chortle to I welcome Mr Lenders back into the chamber; it is himself. He might think that is an exaggeration, but I good to see him. The issues that voters in Essendon invite him to come to the western suburbs occasionally, voted on are the ones that we should be debating in this because if he does he will know that it is. In fact he house today. If opposition members wish to be relevant, might know from his previous visit there back in 2008. if they wish to actually bring the needs and concerns of He might have picked up something then. But he Victorians before this Parliament, then they should go should realise that now we have a government that does out there and talk to the people in Point Cook, actually take the very real problems of the western Essendon, Craigieburn, Greenvale and Footscray. They suburbs seriously. You just have to go to Point Cook. I should go out there and talk to people who have real do not know if any of the opposition members have problems and who do not actually know what Dorothy ever been to Point Cook, but I go to Point Cook on a Dixers are — and if they did, they could not care less. regular basis. They have a lot of problems at Point Nobody from one end of this state to the other is going Cook, and those problems are there because of the to be sitting down tonight over chops and three veg talking about Dorothy Dixers.
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Honourable members interjecting. Stalinist. That was the word he used. If you want to talk about Stalinism, let us have a look at what happens to a Mr FINN — Nobody, except maybe Mr Lenders, member of the Labor Party who crosses the floor. Let but he has shown by his extended absence from this us find out. If Mr Pakula felt particularly strongly about chamber during this debate that he is not all that something — this is highly hypothetical, let me tell interested in this either. It is all a mystery to me. you — and he felt the need to stand up and cross the Mr Lenders seemed to get very upset because Mr Koch floor and vote against his own the party and did so, he asked about Geelong. I do not see what the problem is would be out. He would not last in the Labor Party for there. In fact Mr Koch has a long and distinguished one day — and I am sure you know exactly what I am history of fighting hard for the people of Geelong. It is talking about, Acting President. He would be out the something he is very proud of, and I think the people of door. That is how the Labor Party operates. Geelong can be proud that they have in him a great representative of Geelong, along with Mr Ramsay and The Liberal Party has, since its inception, respected the Mr O’Brien, who are also great representatives of right of conscience. We have respected the right of Geelong in this house. Why would the Labor Party conscience, so if members do cross the floor from time object to Mr Koch getting up and asking a question to time, we respect that. That is fine, and that is a very about Geelong? Then the emphasis changed to the fact good thing. But if Mr Pakula, Mr Tee or — god help that the Minister for Housing, Minister Lovell, seemed us — Mr Lenders crossed the floor and voted against to show some affection for Mr Koch. I do not the ALP, if they saw the light and came over here even understand that either, because as we know Mr Koch is once — I am not talking about two or three times — a very nice gentleman. He is a very nice chap, so why they would be kicked out. At the very least they would would Ms Lovell not show some affection for him? be suspended from the ALP, if not expelled. If that is not Stalinist tactics, what is? If Mr Lenders wants to Mrs Peulich interjected. come in here and talk about Stalinist tactics, let us talk about how the ALP operates, not just in this state but Mr FINN — I would not be so unkind as to repeat Australia wide. what Mrs Peulich said. I would not be so unkind as to repeat what she said about nobody showing any I have to say, of course, that the ALP caucus in kindness to Mr Lenders, because I think that is Queensland would have a bit of trouble with that rule, probably — — because it cannot afford to lose anyone. It is in a spot of bother, to say the very least. For Mr Lenders to get up Mrs Peulich — Well deserved? here and imply that there is something Stalinist about Mr FINN — Mrs Peulich’s words, not mine. If the way this government operates is total nonsense. Mr Koch gets up here and does his job and wants to put Then Mr Lenders and Mr Pakula, from memory, who on the public record what this government has done for was chorusing along in the background, joined together the people of Geelong, why should he not? Why should to tell us that Mr Guy should not be suggesting to he not let the people of Geelong know that he is in here Mr Tee questions that needed to be asked during batting for them? Why should he not let the people of question time. I think that in years gone by I probably Geelong know that he has their best interests at heart would have agreed. But, fair dinkum, the way Mr Tee and that he will go in and fight for whatever the people is in question time, he needs every bit of help he can of Geelong need? I find it astonishing that of all the get. If Mr Guy, Mr Hall or anybody else wants to offer things that the opposition in this state can get upset him advice as to what sort of questions he should ask, I about it gets upset because Mr Koch wants to talk about would suggest to Mr Tee that he listen with both ears Geelong. That to me is very strange — as indeed is the because he needs every bit of help that he can get. It is opposition, I might say. all a bit sad sometimes, really, isn’t it? It is all just very, Then Mr Lenders went on to talk about members of the very sad. government crossing the floor. Then Mr Lenders started on about broken promises. Hon. M. P. Pakula — Wind it up. Well, if anybody knows about broken promises, it would be the Leader of the Labor Party in the Mr FINN — No, I have got a long way to go yet — Legislative Council, because his is an organisation that a long way to go. Mr Lenders then spoke to us for some specialises in broken promises. Whether it be at a time about members of the government crossing the federal level, a state level or whatever it may be, Labor floor and how outrageous it was that they had not done loves to break its promises. Mr Lenders will well so. He even went on to say that this was in some way remember that, as I mentioned before, prior to the 2002
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1710 COUNCIL Wednesday, 28 March 2012 election — going back, if you want, to 1999 — the rail was moved by Mr Lenders this morning. I would ask link to the Tullamarine airport was the first promise that future contributions to the debate come back to the broken by the Labor Party in government. That is not motion and recognise what it is actually about rather something that we in my part of the world are than dwelling on past issues to the extent that has been particularly proud of; we are certainly not very thrilled done so far. about it. But it is something that should be recorded for the history books. Business interrupted pursuant to standing orders.
Mr Drum interjected. QUESTIONS WITHOUT NOTICE Mr FINN — We are getting to that, Mr Drum. Of course, it would have to be said that there were a GM Holden: government assistance number of other broken promises after 1999, but that was the first one. In another example — Mr Drum Mr SOMYUREK (South Eastern Metropolitan) — might have an interest in this — the shadow minister My question is to the Minister for Manufacturing, for sport at that time had promised prior to the 1999 Exports and Trade, Mr Richard Dalla-Riva. Can the election that he would keep Waverley Park, which was minister inform the house how much money the originally known as VFL Park, as a football ground for Victorian government has contributed to the Holden the people of the eastern suburbs to enjoy. Of course as motor company assistance package announced last soon as the election was over that promise went with Thursday? the rest of them, and Waverley Park is now a housing Hon. R. A. DALLA-RIVA (Minister for estate. That did not distress me enormously, I have to Manufacturing, Exports and Trade) — I thank the say, because I hated going to the place. It took three member for his question. As usual, the opposition has days to get there, another three days to get out of the car got the wrong end of the stick. Our commitment was, as park and it rained the whole time. So I was not too I said yesterday, modest. It was, as I indicated, directed distressed by that broken promise, but it was another towards the three elements that are important to broken promise that should be added to the list of manufacturing, and to Holden in particular, in Victoria. promises broken by the Labor Party after that election. The first, of course, is the research and development Then, of course, we move on to the following election, component, which is a very important area, as members President — and this is a matter that may well be of in this chamber would understand. The research, the interest to you. A letter was distributed throughout the development, the design and the engineering capability eastern suburbs of Melbourne signed ‘Steve Bracks, in Victoria’s automotive sector is world renowned, both Premier of Victoria’. In that letter the former Premier in GM Holden (GMH) and in Ford. promised that the Scoresby freeway, as it was then The second is the issue around the supply chain. We referred to, would be completed on time and on budget make no apologies for our support of the supply chain with no tolls. No tolls, they said, back before the 2002 or for understanding how that is important. election. That was in writing to the good voters of the eastern suburbs, signed by the Premier, Steve Bracks. The third is in terms of securing the matter of the — — You would have thought that if they had it in writing, the average person in the east would have thought, ‘Fair Mr Somyurek — On a point of order, President, the enough; we can believe it’. How wrong they were. minister has been on his feet for over a minute now. It They forgot they were dealing with the masters of was a very narrow question, and he has not attempted to deception; they were dealing with the ALP; they were answer the question at all at this stage. dealing with people who would not know the truth if it jumped up and bit them on the nose. As a result of them The PRESIDENT — Order! Mr Somyurek would believing this particular document, we saw an be aware that I am not in a position to direct the extraordinary result, particularly in the eastern suburbs, minister totally and exactly in how he answers the where a number of previously safe Liberal seats fell to question. The minister has heard the question, and he is the ALP. certainly entitled to put his answer into context. Whilst, as Mr Somyurek observed, the minister has been on his The PRESIDENT — Order! Mr Finn will continue feet for 1 minute and 3 seconds, he still has 2 minutes after question time. Can I just indicate in terms of the and 57 seconds in which to address the matter debate, which I have been listening to in my office, that Mr Somyurek raised. this is a very narrow debate, and I am rather perplexed at how far and wide it has ranged from the motion that
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Mr Drum — On a point of order, President, are we presence and remains a strong manufacturer here in are going to get to the stage where every time one of Victoria. our ministers gets to their feet and is responsive to the question, opposition members are going to jump to In terms of the specific question that was asked, their feet and say they are not giving us the exact obviously Mr Somyurek needs to understand that as a answer we want? In this chamber we need to get to the matter of practice and convention we are not going to stage where some of the opposition shadow ministers provide details on investment support initiatives. If the are called for making frivolous points of order when commonwealth and South Australian governments they know the minister is being responsive to the wish to announce their contributions, that is entirely for question. them to decide. We do not wish to create that precedent. As those members who were in government The PRESIDENT — Order! Thank you, Mr Drum, would know, investment support has a competitive that was most helpful. I am sure that if I hear a frivolous dimension to it. point of order, I will call it. The issue is that any member of this house is entitled to raise a point of order Hon. M. P. Pakula — Not in this case. if they believe there is a point of order there. In the context of minsters’ answers, there is an expectation in Hon. R. A. DALLA-RIVA — The stupidity, I must the standing orders that they are responsive to the say, of the former government minister for industry question. That is the issue opposition members have daring to raise that point of interjection really raised on a number of occasions by points of order. Can demonstrates why Labor is in opposition. We I suggest to members that if they compare this house understand that investment support has a competitive with the other house, they will find there are very few dimension to it, from business to business and points of order by members of the opposition in this jurisdiction to jurisdiction. Our practice — and it has house, and I think that was the case even in previous been the practice of previous governments in parliaments. The opposition’s record is not too bad. I Victoria — is not to get into those numbers. will judge if members move into an area of frivolity. Supplementary question The minister, to continue. Mr SOMYUREK (South Eastern Metropolitan) — Hon. R. A. DALLA-RIVA — As I said, we are, as I ask the minister how his government’s failure to a government, supportive of manufacturing in Victoria. publish the level of assistance to Holden is consistent We want Holden to remain here as a manufacturer. It with its pre-election commitment to introduce seems that those opposite have a different view. If they transparent and rigorous monitoring and assessment have a different view about supporting Holden, then frameworks for industry assistance? maybe they should come out and say that they do not support co-contributions to Holden. It is well known Hon. R. A. DALLA-RIVA (Minister for that our contribution has been modest and responsive to Manufacturing, Exports and Trade) — I have answered the needs of the research and development elements, the question in terms of what we are doing. There is a the supply chain and the important engine rigourous process, which members opposite would componentry. know about from when they were in government. It is disappointing that they did not apply that process to, Honourable members interjecting. say, the desalination plant. It is interesting that they talk The PRESIDENT — Order! Mr Somyurek raised a about investment support now. point of order indicating that he is concerned the As I said, we in government are going to make a minister is not addressing his question. Can I suggest modest contribution to the Holden deal. We believe it is that the interjections are not assisting the minister to get the right deal for Holden, we believe it is the right deal to the point that Mr Somyurek wants to hear. If the for Victorian workers and we believe it is the right deal minister is being verballed, he is obviously going to for Victorian families. avoid, as much as possible, answering the question. If he does answer it, the members are not going to hear it. Housing: former government performance The minister, to continue. Mrs KRONBERG (Eastern Metropolitan) — My Hon. R. A. DALLA-RIVA — We have been question is directed to the Minister for Housing, who is working with the commonwealth government and the also the Minister for Children and Early Childhood South Australian government, and obviously we have Development, the Honourable Wendy Lovell. I ask: is been working with Holden in ensuring that GMH has a
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1712 COUNCIL Wednesday, 28 March 2012 the minister aware of any findings of mismanagement Hon. W. A. LOVELL — The Department of in public housing? Treasury and Finance, Mr Lenders. The report states that that review ‘made a range of recommendations for Hon. W. A. LOVELL (Minister for Housing) — I asset management and investment alternatives’, but it thank the member for her question and her ongoing then says: interest in public housing in Victoria. This morning the Auditor-General tabled a report called Access to Public Despite these reviews, neither the board, the division, nor the Housing. This is a damning report on the systemic government, developed or acted upon any long-term strategies to address the deteriorating financial position. neglect and mismanagement by the former Labor government of public housing in this state. The This is a damning report on Labor; it is a damning Auditor-General’s report confirmed that over the past report on Mr Lenders as the former Treasurer who did 10 years under the former Labor government nothing to address this. He was responsible for the significant flaws in public housing investment decisions housing review board. Neither the housing review and asset management were not addressed, placing the board, the division nor the government did anything to long-term provision of public housing at risk. address this financial crisis. It is a damning report on Ms Broad, who was the Minister for Housing in 2006 Let us just have a look at some of the things the when the housing review board was set up. Perhaps the Auditor-General said in his report: failure in public housing was the reason Ms Broad was It is unclear why the division has not introduced longer term removed from cabinet. It is a damning report on strategies to address this acute situation given that it has Richard Wynne, the member for Richmond in the developed over at least a decade. Since at least 2006, other Assembly. It is a report that highlights his failure as a departments, including the Department of Treasury and former minister. Daniel Andrews, the Leader of the Finance — Opposition, should call for Mr Wynne’s resignation or Mr Lenders! — sack him.
and the Department of Premier and Cabinet, have also been What have we done to address this situation? We have aware of the deteriorating state of public housing, yet this has introduced seven key initiatives to address the situation. not spurred action. I have commissioned an independent third-party review The Auditor-General went on to say: of the finances of the housing and community building division; I have also commissioned an independent Now that public housing is nearing a crisis, it will be all the third-party review of program expenditure; I have more challenging to address. commissioned a comprehensive property condition audit of the entire portfolio — — This is another one of Labor’s messes left for us to fix. The Auditor-General went on to say that the housing Honourable members interjecting. division: The PRESIDENT — Order! I do not like to call … lacks basic information, such as accurate property members of the house to order frequently during condition data, to inform decisions. question time. Normally I do not have to. I guess the You have to ask yourself why the former minister did events of last weekend have made members a little bit not commission an audit of property conditions given more edgy and boisterous, but the fact is that this is an that the Auditor-General warned Labor not once but important report. Some members might not like what is twice in 2006 and 2007 of the maintenance backlog in in it, but a member asked a question about it. public housing. The Auditor-General also said: Irrespective of whether the question was a Dorothy Dixer or whether the member came up with the In its April 2006 report, the — question herself, the fact is the question was important housing review — and the minister was providing important and relevant information to members of the house on that question. board found that the division’s financial position was Attempts to simply shout down the minister or to create unsustainable over the forward estimates period … In its 2007 enough hubbub so that the minister is not able to report, the board noted that the division’s underlying financial properly provide information to members of the house position has been deteriorating since 1998–99. are just not on in my opinion. Members will find out An additional 2007 review commissioned by — — that if they persist, my opinion will count.
Mr Lenders interjected. I am afraid the minister’s time is exhausted. Is there a supplementary question?
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Wednesday, 28 March 2012 COUNCIL 1713
Mrs Kronberg — No. The PRESIDENT — Order! As I said earlier, the minister is entitled to answer a question. He is Wind farms: government policy 12 seconds into his answer. From listening to his response, I understood him to indicate that the Mr TEE (Eastern Metropolitan) — My question is substantive matter of the question was an issue for to the Minister for Employment and Industrial Mr Guy as the Minister for Planning, but I felt Relations. The wind farm tower manufacturer Keppel Mr Dalla-Riva was prepared to go further. Clearly if he Prince is making 100 employees redundant. We have faces a barrage he is not going to go further. I would reports from Bloomberg that say the government’s have thought it was in the opposition’s interests to let transitional wind farm provisions will cost 600 jobs, the minister tackle that question and complete his and I ask: has the government done any analysis of how answer. many jobs will be lost as a result of the government’s anti-wind farm policy? Hon. R. A. DALLA-RIVA (Minister for Employment and Industrial Relations) — As I said in Hon. R. A. DALLA-RIVA (Minister for response to the main question and the supplementary, it Employment and Industrial Relations) — I thank the relates to the planning minister’s responsibility. In member for his question, but it is probably more terms of the overall issue of manufacturing, as I said in appropriately directed to the Minister for Planning in the last sitting week, we are very pleased with the result that regard. in relation to the growth in the number of jobs in manufacturing. We do not resile from the fact that we Supplementary question stand strong for manufacturers, and we will work Mr TEE (Eastern Metropolitan) — The minister is through whatever issues they may confront. I make the the Minister for Employment and Industrial Relations. point, however, that members opposite continue to talk My question was about jobs in the wind farm industry down jobs and job opportunities, and it is disappointing and the loss of jobs because of the anti-wind farm for me, as the employment minister, that they want to policy of this government. My question was very much continue to deride the manufacturing industry when it is about employment in this sector in Victoria. I ask: does under enormous pressure from a thing called the carbon the minister have any idea and can he give the tax. They continually push it, when it is the federal community any idea about the number of jobs that will government’s policy. be lost as a result of his government’s anti-wind farm policy? Carbon tax: health sector
Hon. R. A. DALLA-RIVA (Minister for Mr DRUM (Northern Victoria) — My question is Employment and Industrial Relations) — The specific to the Minister for Health and Minister for Ageing, question about wind farms is about a planning issue and David Davis. Can the minister inform the house of the should be directed to the Minister for Planning — — impacts of the commonwealth’s carbon tax on health portfolio capital works? Hon. M. P. Pakula interjected. Hon. D. M. DAVIS (Minister for Health) — I thank Questions interrupted. the member for his question and for his strong support for projects in Bendigo and other areas of northern Victoria. I note his concerns, which are shared by a SUSPENSION OF MEMBER number of others in this chamber, about the impact of the commonwealth carbon tax on the capital works of Hon. M. P. Pakula our hospitals and health services. I note that the work the department has had done looks at the capital works The PRESIDENT — Order! I ask Mr Pakula to of a number of projects, particularly the costs of a vacate the chamber for half an hour. number of key materials used in construction — concrete, steel and aluminium. I make the point that Hon. M. P. Pakula withdrew from chamber. there are a number of materials, including plant and equipment, that are sometimes imported and on which QUESTIONS WITHOUT NOTICE there will be no carbon tax paid, but the concrete, steel and aluminium, which is made in Australia, will face Wind farms: government policy the carbon tax impost.
Questions resumed.
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The point I want to make is that in a normal budget that rather than from a source document, so he does not would certainly add many hundreds of thousands of have to make those notes available. dollars to the costs of construction, rising in 2020 to somewhere between $250 000 and $300 000 in Ms Broad interjected. additional costs on top of those that are already generated in large construction projects. These costs Hon. D. M. Davis — In due course, I will. will make it harder to complete capital projects. They Industrial relations: minimum wage will make them more expensive. There is no rebate or reduction available for hospital or health construction Ms MIKAKOS (Northern Metropolitan) — My costs either in the public sector or in the private sector question is for the Minister for Employment and under the carbon tax, which will come into effect on Industrial Relations. Given the government has formed 1 July. That is going to have a significant effect on the the view that minimum wages should be adjusted with costs. caution, as indicated in its submission to Fair Work Australia’s minimum wage review last week, I ask: can I have to tell you that the costs of the carbon tax on the the minister advise what the minimum hourly rate of health sector will be significant and will impact directly pay for an 18-year-old employee is? on capital projects, whether in public-private partnerships form or in build form. We will pay more Hon. R. A. DALLA-RIVA (Minister for for concrete, more for steel and more for aluminium — Employment and Industrial Relations) — I thank the more for those base products that are the critical member for her question because we, as you, President, components of key health infrastructure. know, have been calling for a common-sense and balanced approach to industrial relations. We have also When Labor Party members call for new health been measured in our commitment to the minimum projects, they should add a carbon tax price to the base wage case. I am not proposing that Ms Mikakos ask me construction cost of any project. It is about time the every detail about every specific issue. What I can say opposition faced up to the impact of this carbon tax on is that we are taking a balanced approach to ensure that key sectors of the Victorian economy. One of those key the minimum wage case is reflective of our position. If sectors is the health sector. Public and private health Ms Mikakos wants to know what our position was, she services are going to be hit hard by Prime Minister Julia should get onto the website and she will find it. Gillard’s carbon tax, which will push up the costs of construction in health. Supplementary question
Ms Broad — On a point of order, President, the Ms MIKAKOS (Northern Metropolitan) — The minister has referred in his answer to the question to minister’s submission suggests that the rate should not work that his department has done, and he has referred change, but remarkably he does not know what that rate to a series of figures. I call on him to table that is. In any event, I again refer the minister to the information for the benefit of members so that we can government’s submission to Fair Work Australia. Can all have the benefit of this advice from his department. the minister advise what percentage increase the government considers would provide a decent wage for The PRESIDENT — I can ask the minister if he is young workers on minimum wages? prepared to make it available, but, as I understand it, the minister was using notes rather than actually referring Hon. R. A. DALLA-RIVA (Minister for to a document on this occasion. Whether or not he Employment and Industrial Relations) — I thank the would be prepared to provide the source document is member for asking me what my opinions are. My another issue. opinions are of course irrelevant. The government’s position has always been that it is calling for a balanced Hon. D. M. Davis — On the point of order, approach to ensuring that minimum wages are President, in due course I will make this available to considered in the context of the economic environment, everyone, but we are going to go through a little the Victorian economic position that was left by the journey, item by item, on the carbon tax and the former government. We are always seeking to ensure increases that the Labor Party is putting on health costs. that it is in the best interests of Victoria, whether it is The PRESIDENT — Order! I did not invite a through our enterprise bargaining agreement process or debate on that one. I advise Ms Broad that on this whatever other mechanisms we are making applications occasion I think the minister was quoting from notes, to, such as the Fair Work Act 2009 review or the minimum wage case.
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Wednesday, 28 March 2012 COUNCIL 1715
Sunshine: Hampshire Square development Sunshine from a pedestrian-unfriendly area to one that is going to attract people. It will attract local jobs and be Mr ELSBURY (Western Metropolitan) — My a central part of the suburb. We see this as an area question is to the Minister for Planning, the Honourable where there can be future commercial and residential Matthew Guy. Can the minister advise the house of any growth, and we are proud to be associated with this new urban renewal projects for Melbourne’s western development. Again I give credit to all those involved suburbs that will bring jobs and investment? over a couple of years. It is a development that will see great growth for Sunshine into the future. Hon. M. J. GUY (Minister for Planning) — Recently I had the pleasure of being in downtown I pay tribute to the commissioners at Brimbank City Sunshine with some of my colleagues, particularly Council, who have done a tremendous job, and to my Western Metropolitan Region members Mr Finn and colleagues Mr Finn and Mr Elsbury, who have been Mr Elsbury, who was there later, and indeed with passionate supporters — particularly Mr Finn, whose Labor’s Telmo Languiller, the member for Derrimut in office is just around the corner — of the growth of this the other place, who also came along to be part of what activities area in Sunshine. I believe that in the future was the opening of a great new urban renewal project in we will be able to see some terrific growth in that Sunshine. As Mr Finn and Mr Elsbury — coalition defined activities area, taking some of the pressure off members who live and work in, represent and are a the outer residential areas outside that activities area home-grown part of Melbourne’s western suburbs — where neighbourhood character will be able to remain will know, the future of Melbourne’s western suburbs intact, as it should. is indeed bright. Employment: construction industry It is with pleasure that I inform the house that we opened this terrific facility. I give credit to all those Mr TEE (Eastern Metropolitan) — My question is involved — both the current government and the to the Minister for Employment and Industrial previous government along with the Brimbank council, Relations, and I refer to the survey of 119 building in this case under the stewardship of the administrators, industry businesses which was released last week by including Peter Lewinsky who is there at the the Victorian Building Commission. The survey moment — in bringing forward the new Hampshire showed that over the next six months builders were Square development, which will attract a large amount planning to reduce their workforce by more than of new investment and growth to central Sunshine. 6000 employees. Has the minister been briefed on the outcome of the survey? On this side of the house we see Sunshine as having a very bright future. It is one area where — — Hon. R. A. DALLA-RIVA (Minister for Employment and Industrial Relations) — I thank the Mr Jennings — Literally! member for his question — for whatever reason, it is obviously my day! Having said that, I took some advice Hon. M. J. GUY — Thank you, Mr Jennings; you as to the previous question from Ms Mikakos, because I are quite correct — literally. In fact the day we were wanted to make sure we had clarity. Under the former there was a very sunny day, so I am pleased to inform Labor government’s submission to the minimum wage the house of that as well. The Baillieu government sees case, it actually argued for the minimum wage for an Sunshine as an area close to the central part of 18-year-old to be — — Melbourne where, with a defined activities area and new planning controls, we can achieve an activities area Mr Tee — On a point of order, President, I do not that will develop organically, properly and sensibly understand the relevance of the minister’s answer when with the support of the council and indeed with the he is essentially answering the previous question asked support of the local community. We will need to work by Ms Mikakos. I asked him a particular question about on issues such as open space — an issue rightly raised the building industry. by Mr Finn over time — and we will need to work with the community to ensure that that activities area is one The PRESIDENT — Order! I uphold Mr Tee’s that can grow, as I said, to take some of the offsets from point of order. I have trouble finding relevance to this growth outside of the activities area and bring it to the question in an answer to the previous question. The central Sunshine area. minister might find another mechanism to convey that new-found information to the house, and I ask him to The Hampshire Square development we recently address Mr Tee’s question. I uphold the point of order opened sees the transition of a part of downtown on the matter of relevance.
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Hon. R. A. DALLA-RIVA — Thank you for the The PRESIDENT — Order! I do not want ruling, President. It is interesting that those opposite challenges across the chamber. Remarks are to be want to talk about the proposed issue of declining job directed through the Chair, not directed to the numbers in the construction industry. Will they talk opposition. As the minister knows, in answering about the incline in manufacturing jobs? No. Will they questions he should not seek to debate issues, and the be promoting that? If we go to the very issue of why the challenge was that the minister’s comments were construction industry may see a decline, we will find starting to debate rather than answer the question. there are a couple of areas to consider. In terms of a carbon tax, that is clearly confronting a lot of industry Supplementary question in Victoria. Members opposite are clearly being misled if they think that is not having an impact in terms of Mr TEE (Eastern Metropolitan) — It was quite construction jobs. The Minister for Planning is doing clear that what I really wanted to know was whether or the best he can to fix up the errors of the former not the minister had been briefed on the survey. planning minister. Employment is part of an emerging crisis in the building industry. It follows comments made by Brian Hon. M. J. Guy — Who was that again? Welch from the Masters Builders Association of Victoria that there is going to be a 10 per cent decline in Hon. R. A. DALLA-RIVA — We do not want to the construction industry. Jobs are haemorrhaging in mention him. We are taking the issue of the this industry. Will the minister, as a matter of urgency, construction industry very seriously. We have always seek a briefing on the findings of this survey so that he said we believe the construction industry should be well can then develop an informed response to what is an supported. emerging crisis?
I do not recall anyone opposite asking me what our Hon. R. A. DALLA-RIVA (Minister for view is on the federal government abolishing the Employment and Industrial Relations) — It is ABCC (Australian Building and Construction interesting that Labor Party members opposite talk Commission) and the impact that will have on the about an emerging crisis. We are focused on jobs and construction industry in Victoria. Absolutely zip. They focused on generating and supporting investment support the federal government’s abolition of the opportunities in this state. All that those opposite are ABCC — the very body that had a direct input into interested in is manufacturing doom and gloom. construction in this state and that had a direct responsibility for enforcing compliance and keeping Exports: government initiatives costs down. Mrs COOTE (Southern Metropolitan) — My What we find is that members opposite are more question is for the Minister for Manufacturing, Exports interested in the manufacture of doom and gloom. They and Trade, the esteemed Minister Dalla-Riva. I ask: can relish the fact that there is some report saying there is a the minister advise the house how the Baillieu potential decline in construction jobs. We are not going government is helping Victorian-based companies to stand by as a government and accept what members strengthen their presence in international markets? opposite would like to see when they manufacture doom and gloom. We are focused on ensuring that jobs Hon. R. A. DALLA-RIVA (Minister for are generated in Victoria and that it is a positive Manufacturing, Exports and Trade) — I thank the environment for investment. But what we find is that member for her question and indeed her interest in not one of those people opposite — not one of those ensuring that we have opportunities for companies to be from the Labor camp opposite — will get on the phone able to connect with international markets, because I and say, ‘The abolition of the ABCC was wrong’. Say have indicated time and again the importance of our it now. Will Mr Tee get up now and say it? No. What I capacity for companies to engage in the global mean to say is — — economy. We have previously mentioned in this place the super trade mission to India, which showcased Ms Broad — On a point of order, President, the Victorian business and industry capability in areas such minister has on numerous occasions been debating the as the automotive sector, as well as aviation and question rather than answering it. I ask you to bring him aerospace and information and communications back to answering the question or at least being relevant technology, for which Mr Rich-Phillips, the Minister to the question that was asked. responsible for the Aviation Industry and the Minister for Technology, is responsible. Hon. R. A. Dalla-Riva interjected.
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Wednesday, 28 March 2012 COUNCIL 1717
We know these trade missions are important for this Victorians. We will not stand by and let opportunities government in delivering success stories for fall like the previous government did. manufacturers here in Victoria. I was pleased to announce recently, during the Australian Formula One Hazardous waste: management Grand Prix, that two leading Victorian automotive component suppliers have secured export deals worth Mr BARBER (Northern Metropolitan) — My $50 million with the Malaysian car manufacturer question is to the Minister for Planning, Mr Guy. It Proton. The first is a partnership with Hella, a relates to another toxic soil treatment facility, this time Mentone-based cross-sector lights supplier which in Altona. A local premium car facility has put in an supplies not only to the mining industry but also to the objection to the planning permit that is now being automotive sector. Indeed it also supplies lights for the sought from Hobsons Bay City Council for this Ford Territory, the seven-seater. particular facility. In its objections, amongst other things, it notes — and I have provided a copy of the This partnership with Malaysian Proton cars is a direct letter: result of Hella joining the Victorian government trade Our operation could be significantly impacted by mission. It was on the trade mission to India that it was elements …deposited on a vehicle surface in a dry state, over able to meet with international buyers and secure the time. The implication for storage vehicles in our yard could deal. This is a $40 million export contract to supply the result in costly damage such as etching in the vehicle finish. rear lamps for Proton vehicles, which came to fruition due to recognition that Hella provides a competitive It also expresses concern about its employees’ health. advantage in terms of technology and a These are the sorts of sensitive uses that I was asking 350-person-strong skilled workforce. the minister about yesterday in relation to another facility. Will the minister intervene in the planning In addition, MtM, the company that is partnering the scheme to set up proper buffers around these soil construction of the Tomcar all-terrain vehicle — again treatment facilities before this matter makes its way to a fantastic automotive manufacturer that is established VCAT (Victorian Civil and Administrative Tribunal)? here — has also won a contract to supply the gearshift lock mechanisms to Proton cars, worth $10 million Hon. M. J. GUY (Minister for Planning) — I thank over five years. That is fantastic — exporting tier 1 Mr Barber for his question. From memory, the supply componentry into Malaysia. This builds on application that he is discussing is a live application that MtM’s exports to General Motors, not only in the is now the subject of appeal to VCAT, so I do not wish United States but also in China and elsewhere. The to pass comment on a live application. Victorian government recognises that a growing The second point is that in terms of contaminated land competitive economy needs a strong, dynamic export Mr Barber would be aware that — again, if my sector, it needs to generate wealth and it needs to drive memory is correct — in March 2011 I established an productivity, which those opposite do not understand. It advisory committee on potentially contaminated land is about innovation and strengthening Victoria’s sites around Melbourne. That will come on the back of connection to global markets and — again what those the Auditor-General’s report on contaminated land opposite do not understand — the important global sites, which I think was tabled in this Parliament in supply chains. December last year. In that vein, I would also briefly like to mention another The advisory committee report has come back to my export potential, and that is for brown coal from this department. It will be assessed by my department state. All of us know that Victoria has one of the before the recommendations come back to me, which is world’s largest deposits of brown coal, second only to the normal process. I think it is wise to wait for that Russia. I strongly support the opening up of our report before I make any comment beyond that. massive coal resources for future use. It is important to Obviously I will take the advice from the advisory the Latrobe Valley and it is important for all Victorians. committee. Having said that, in relation to the permit With the right technology, brown coal can have a new that is the subject of a VCAT appeal, as I said, I do not future and drive significant growth in export revenue wish to pass comment on that, suffice to say that on the for this state. To put it into some perspective, the broader issue of contaminated land the government is revenues from black coal exports in Queensland and getting on with the issue of addressing those concerns. New South Wales generate more than $50 billion annually. We believe it is time to test whether technological opportunities can be delivered for
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Supplementary question help secure the AIR 5428 project to provide defence pilot training in Gippsland? Mr BARBER (Northern Metropolitan) — This is an application for the siting of a toxic soil treatment Hon. G. K. RICH-PHILLIPS (Minister facility like the one in Greater Dandenong that we are responsible for the Aviation Industry) — I thank debating later this day. I gather that the applicant for Mr Davis for his question and for his interest in this that facility has made an application to VCAT on the important opportunity for the aviation industry in failure to determine, but it is not yet there. If the Victoria and for Gippsland. As Mr Davis mentioned in minister were to intervene and set up rules involving his question, AIR 5428 is a new project of the buffers as recommended by the Hazardous Waste Department of Defence to deliver all fixed-wing pilot Siting Advisory Committee, then those would be the training for the Royal Australian Air Force, the Royal rules under which this appeal would be determined. As Australian Navy and the Australian Army, Australia it is, the appeal will be determined only under the wide, from 2016. guidelines for the relevant zoning. It is not like the one in the south-east where the minister has rezoned the Victoria is already a strong leader in the provision of land under certain conditions. We are seeking a pilot training in Australia. We are the leading state in commitment to introduce new planning rules. Can I Australia for the provision of flight training. We have take it from the minister’s previous answer that he has some great competitive advantages. We have a good ruled out doing that in time for this particular matter to skills base upon which to draw. We have fantastic be heard at VCAT? terrain and benign weather in which to offer a training environment. We have good infrastructure throughout Hon. M. J. GUY (Minister for Planning) — Again I Victoria. We have uncongested airspace. There are a lot do not want to pass comment on a live application. My of very strong natural attributes for the delivery of pilot understanding was that this was not a failure to training in this state. In the city of Sale in particular we determine; it was actually a rejection by the City of also have a very strong defence presence in terms of the Hobsons Bay. provision of defence training. There are a number of established defence training schools associated with the Mr Barber interjected. air force base at East Sale, which means Gippsland is very well placed to add the 5428 contract to the range Hon. M. J. GUY — I think it was a rejection rather of training provided out of that facility. than a failure to determine. Last month I was delighted to visit Sale and witness the Mr Barber — The first one was an appeal. This is a signing of an MOU (memorandum of understanding) failure to determine. for a cooperation agreement between the shires of Hon. M. J. GUY — I am not sure about that, but Wellington and East Gippsland. This MOU is designed anyway it is a matter that is now before VCAT, so I am for Gippsland to present a united front to the not going to comment on it specifically. I obviously Department of Defence, to facilitate cooperation will not be talking about the C125 in Dandenong, given between the councils with respect to the use of their that it is the subject of debate in this chamber later facilities in the greater Sale region and to send a very today. Having stated that, as I said, I will take all clear signal to the Department of Defence to the effect matters into consideration when I receive the report that Gippsland and Victoria have a united presence and back from the advisory committee I established to deal view on the securing of this contract. with this matter specifically. In terms of any issues that I was also delighted to participate in a meeting of the it may deal with that are currently under consideration, Defence Council Victoria chaired by retired Rear that would depend on the time when I get the report Admiral John Lord. The Defence Council Victoria is back and any action that may take place as a result of working very closely with the councils and will work that report, so nothing can be ruled in or out at that very closely with the bidders to ensure that Victoria is stage. well positioned. We had representatives from the Aviation industry: AIR 5428 project Department of Business and Innovation and from Regional Development Victoria to ensure that the Mr P. DAVIS (Eastern Victoria) — I have great government is well positioned to participate in working pleasure in directing a question without notice to the towards securing that contract for Victoria. Of course Minister responsible for the Aviation Industry. I ask: the project enjoys strong support from the government. can the minister update the house on the government’s I know the Deputy Premier, Mr Ryan, who as the election commitment to work with Victorian bidders to member for Gippsland South is the local Assembly
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Wednesday, 28 March 2012 COUNCIL 1719 member, is committed to securing that important An honourable member interjected. contract for Victoria, as is the Minister for Higher Education and Skills, Mr Hall, as a member for Eastern Hon. R. A. DALLA-RIVA — No. I will talk to Victoria Region, and as are the other local members, you. Mr Philip Davis and Mr O’Donohue. Mr TEE (Eastern Metropolitan) — In a similar The Department of Defence is expected to release a vein, on 28 February I asked a question without notice request for tender for that contract later this year. This is of the Minister for Planning. I asked him whether or not a great opportunity for the aviation industry in Victoria. he had spoken to the Premier in relation to Ventnor. It is a great opportunity for the Gippsland region to The minister said he would take on notice the question secure this contract. As Mr Davis noted, prior to the of whether or not he had spoken to the Premier and election the government committed to working with the would provide me with advice. I do not believe I have aviation industry to secure this contract for Victoria. received that advice after asking the question a month We are now delivering on that commitment. We are ago today. I was wondering if I could get any working with the local councils — Wellington, Latrobe clarification around that issue. and East Gippsland — and we will be working with the industry once the request for tender is released to ensure Hon. M. J. GUY (Minister for Planning) — I that Victoria is well placed to pursue this important apologise to Mr Tee if he has not received it. I thought opportunity. that had been sent. If it has not, I will follow it up straightaway.
QUESTIONS ON NOTICE DOROTHY DIX QUESTIONS: ELECTION Answers COMMITMENT
Hon. D. M. DAVIS (Minister for Health) — There Debate resumed. are answers to the following questions on notice: 340, 347–8, 355, 361, 365, 371, 377, 380–1, 387, 394–5, The PRESIDENT — Order! I indicate that during 407–8, 412, 424, 428, 469–70, 472–3, 476, 478–80, question time I re-read Mr Lenders’s motion. I return to 486, 490, 493–5, 1318–67, 3564, 6648–743, 8151, the remarks I made when I was in the chair just before 8162–3, 8165–8, 8181, 8216–7, 8228, 8230, 8231, question time that in my view this is a very narrow and 8236. specific motion. I understand that there is a problem with this debate in the sense that Mr Lenders strayed outside the exact terms of his motion; in other words, QUESTIONS WITHOUT NOTICE he sought to convey a range of remarks which very much couched this debate, notwithstanding the words, Answers in terms of there having been a broken promise. Clearly that line of argument has led other speakers in the Hon. M. P. PAKULA (Western Metropolitan) — debate to roam fairly wide with their remarks in that During the last sitting week in February I asked the regard. I accept that members had a right to do so in the Minister for Employment and Industrial Relations a sense that Mr Lenders had invited some of that question regarding the Transport Industry Council, its discussion. Nonetheless, I think the line of argument composition and its meetings. He took that question on has been widely canvassed by speakers subsequently, notice. I would seek advice from him about whether he and I ask members participating in the debate from this has an answer to that question yet or not. point on to confine their remarks more to the motion on the paper or perhaps to some other matters that The PRESIDENT — Order! This relates to an Mr Lenders might have raised in his remarks, which I undertaking to the chamber, so it is a slightly different listened to, and to be a lot more circumspect in terms of matter to the questions being responded to now. Is the the broken promises issue, particularly when we are minister able to advise Mr Pakula on the situation going back almost two decades. That is a fair stretch. there? Hon. M. P. Pakula — On a point of order, Hon. R. A. DALLA-RIVA (Minister for President, just to clarify your ruling, it is my intention Employment and Industrial Relations) — Yes. The to join the debate at some point. I accept your remarks answer has been drafted, so I just need to sign it. I have about confining ourselves to the motion and matters it for the member. related to the motion. I will simply make a point and
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1720 COUNCIL Wednesday, 28 March 2012 seek your guidance. There have been a range of matters Mr Lenders’s comments and indeed to Mr Leane’s canvassed by government speakers, including comments earlier is that if you are a member of this Mrs Peulich, Mr Drum and Mr Finn, and I hope the house, a member of the other place or a participant in Chair will provide some latitude to the opposition in the political process, you would know what a Dorothy responding to some of the contentions that have been Dixer is, but most working families and those who are made — provided, as you have indicated, that we do not participants in our profession and who go about not stray too widely from the topic. providing taxes to enable us to keep this government’s process going would not know — and indeed do not Hon. D. M. Davis — On the point of order, know — what a Dorothy Dixer is. For Mr Lenders to President, I think it is important where matters have come in here suggesting that this is one of the great been raised in the debate and have been put on the issues of mankind and an issue that people are sitting record by the lead speaker and other non-government around at home discussing at great length over the roast speakers that there be an opportunity for government lamb on a Sunday night is a nonsense. members to make appropriate responses. To leave matters hanging carries a risk. President, you are absolutely spot-on when you give guidance about bringing us back to the motion, The PRESIDENT — Order! In respect of that point because, as you pointed out, debate on this motion has of order, I am happy for those matters to be addressed. spread far and wide. It has not been about the issues What I do not want to see is this debate spiralling into a that matter to people. I can assure you that I know for a whole lot of new areas. What Mr Davis says is right: fact that people are sitting around the kitchen table at obviously the rules of debate and the expectation of night discussing how they are going to pay their debate in this place is that if matters are raised, electricity bill, which is an issue that is going to become members ought to have an unfettered opportunity to increasingly burdensome as the carbon tax hits. They respond to them. That is one of the hallmarks of this are discussing how they are going to pay their kids’ chamber in particular. I certainly do not seek to stop school fees or their car registration or any number of members responding to matters that have been raised, things. These are real issues that matter to real people. albeit that this has been a fairly lengthy debate on what is a fairly narrow premise. Therefore I am not sure that It is also about jobs. This is a time when we have a there needs to be a great Tolstoy-like response to the number of businesses and industries preparing for the matters that have been raised. I am particularly carbon tax by cutting back on jobs. I can assure you that concerned that whilst there have been some in my area — out in the western suburbs — there is government speakers who have spoken on this motion, very real concern about whether people might get up in so too has Mr Leane, who has countered some of those the morning, go to work and find that they will not have contentions matters that were made and also addressed a job by the time they are supposed to knock off at other matters. night. I would counsel the opposition as much as possible to raise those sorts of matters today. I have no As I said, I do not want to hear new material that is objection to a whole day being set aside for opposition lacking in direct relevance to this motion, which is quite business. It is a sign of a robust and healthy democracy specific. However, I am mindful of the fact that that those who are in opposition are given sufficient Mr Lenders, being the lead speaker for this debate, time to raise those matters that are important to them opened up the lines of argument far wider than what the and to people in their communities. motion actually says. If such time is given, it is only reasonable for the Mr FINN (Western Metropolitan) — It does not opposition to actually utilise it, and I cannot help but surprise me at all to hear you, President, give us think that this motion today is not doing that. This guidelines of the nature that you have, as this motion, to motion is self-indulgent. This motion talks about things say the very least, lacks substance. It is not surprising that really do not matter. In a time and an age when that Mr Lenders and subsequent speakers would cover already vast numbers of people are not just disengaged a range of matters, because, to be quite frank, if we but very angry — I think ‘angry’ is not too strong a were to debate this motion purely on the merits of the word — at the political process, people would see this words themselves, we probably would have finished as something that is a total waste of time. I have to say I about 45 seconds after we started. agree with that.
As I said earlier, this is a ridiculous motion, and it is an Sitting suspended 1.00 p.m. until 2.03 p.m. enormous waste of the time of this house. It is all a question of priorities. The point I make in response to
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The DEPUTY PRESIDENT — Order! Mr Finn to about Anna Bligh?’. He could very well be talking continue, very briefly. about Anna Bligh, and it is a great pity that he is not in the chamber to illuminate us as to whether he was Mr FINN — We will see where that takes us, talking about Anna Bligh on this occasion. Deputy President, but I appreciate your guidance. We will give that due consideration and the respect it Mrs Peulich — Perhaps he has a crystal ball? deserves. Mr FINN — He may have his hands on a crystal So far in my contribution to this particular motion, I ball, and he may be thinking about that a great deal. had responded to just some of the points that had been Alternatively, if we are speaking about political leaders made by Mr Lenders. I hope Mr Lenders is not going to who have made promises that have been so very leave the chamber because it would be very publicly broken and that are bound to bring them down, disappointing if he were to do so — as he walks out the he may have been referring to the Prime Minister, door, again not just showing disrespect for the chamber because I do not think there is anybody in this country but also telling us that he really does not give a flying who is not familiar with the line, ‘There will be no rodent’s rump about this motion. He has moved this carbon tax under any government that I lead’. I wonder motion, as Mr Barber pointed out earlier today, for if Mr Lenders is making a prediction about the fate of reasons that are lost on all of us. I just cannot begin to the federal government, and in particular the Prime imagine why this motion has been moved, because Minister, when that government has the courage to face there are so many other motions that could be debated the people. As we know, for some time now the in this chamber. I am sure Mr Leane, at the drop of a Australian people have been very keen for an election hat, could give me a list of seven or eight matters that but it has not been forthcoming. could and should be debated on this Wednesday. It is important to take into consideration the views that Hon. M. P. Pakula — On a point of order, Deputy Mr Lenders has expressed on political leaders who President, I hesitate to do this because I think it runs the make these big announcements and then after the risk of encouraging Mr Finn to go on longer, but if you election go back on their word. I am loath to use the had been in the chamber prior to question time, I think word ‘lie’ because I may well be dragged to order, but I you would agree with me that Mr Finn is now straying am sure many outside this chamber would use that into the territory of tedious repetition. He has made this word. I will not go there. particular point on about 15 occasions now. The DEPUTY PRESIDENT — Order! Mr Finn The DEPUTY PRESIDENT — Order! I have been should not skate around what he knows to be in and out of the chamber at various points during inappropriate usage of words in this chamber. I remind Mr Finn’s 35-minute contribution so far, and I have Mr Finn of the President’s ruling in relation to heard him make those points. I remind Mr Finn that contributions on this narrow motion. I understand that there are provisions in relation to repetition, and I ask he is responding to some of the comments from the him to continue with that in mind. Leader of the Opposition, but he has already done so extensively in his contribution. I am not sure that Mr FINN — Thank you, Deputy President. I am Mr Finn needs to continue in that vein. I would prefer it very much aware of the rules regarding tedious if his remaining remarks, I hope closing remarks, were repetition, as indeed I am sure is Mr Pakula. On this closer to the words of the motion. occasion I was just recapping for the benefit of those members who were not in the chamber and may have Mr FINN — Deputy President, I find it regrettable missed the points that I made previously. For myself, I that the Chair would seek to shut me down in that way; know there is nothing worse than walking into the nonetheless, I will attempt to make the points that I was chamber and not knowing what the speaker on his or trying to make. I would have thought it was a fairly her feet is talking about. That is something in which I strong point of interest that the Leader of the have absolutely no intention of being complicit, and Opposition was making a prediction about the political that is the bottom line. demise of the Prime Minister, his federal leader. I put that down for what it is worth. At the subsequent Earlier I was referring to Mr Lenders’s contribution, in double dissolution election Mr Barber will no doubt particular his reference to broken promises. I found it lose his federal leader as well. I am particularly looking interesting when Mr Lenders referred to political forward to that. leaders who break their promises and how it brings them down. I thought to myself, ‘Could he be talking
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This particular motion refers on two occasions to then the then Brumby government falling over the line, then ABC journalist Josephine Cafagna. I have worked with Mr Lenders, Mr Leane and a number of other members Josephine Cafagna in years gone by when we were both would be facing pretty much the same scenario as what employed at 3AW. We worked very closely together, happened in Queensland last Saturday. That is what so I know Josephine. Perhaps once she joined the ABC happened in Queensland at the previous election: Labor I might not have been as much of a fan of her as I once just fell over the line, and the people were somewhat was, but I am mystified as to what the fascination is unforgiving of Labor as a result of its activities with Josephine Cafagna that Mr Lenders has. following that election win. Mr Lenders refers to her constantly in debates, interjections and question time. In a whole range of Mr Leane — On a point of order, Deputy President, opportunities that he has had, Josephine Cafagna’s once again the member is straying from the motion and name comes up. I do not know what the fixation is — also getting close to the subject of the previous point of perhaps we can leave that to the appropriate medical order — that is, tedious repetition. Opposition and professionals to explain — but I find it very strange that non-government members would like to get through the somebody who is doing their job as non-controversially program to some degree and — — as possible, who was a member of the media and is now a member of the Premier’s staff, should be The DEPUTY PRESIDENT — Order! That is dragged into the proceedings of the Parliament so fine, but it is not part of the point of order. Mr Leane much. should raise the point of order, not points in debate. Does Mr Leane wish to add anything further, briefly? Mr Barber — A journalist working for a politician — is that unprecedented? Mr Leane — I just want to add that I am sure the government would be frustrated if every Mr FINN — I am not sure if it is unprecedented, but non-government member spoke on every bill and it certainly mystifies me a tad as to why Mr Lenders tediously repeated matters. I think that is what will discusses Ms Cafagna at such length and at so many happen now and in the future. opportunities. The DEPUTY PRESIDENT — Order! I am I have to again point out that it is disappointing to me having trouble understanding what the point of order is. that as we discuss his motion Mr Lenders is not in the chamber to help illuminate it. If Mr Lenders were here Mr Leane — The point of order is: good luck in this chamber, we might be able to wrap up a little bit getting your bills through. sooner because he would be able to give us some of the The DEPUTY PRESIDENT — Order! There is no answers to the questions I am raising. The matters I am point of order then. raising are very important. It is a great pity that Mr Lenders is not here to do that. Mr FINN — That was fascinating. I was just saying Mr Lenders has to accept what happened, that he has to Mr Barber — This is not a motion to take note of move on and that really we must have matters of Bob Brown’s address. substance brought before this house. This motion Mr FINN — Bob Brown’s address was a ripper, it cannot under any circumstances be seen as a matter of has to be said. I am not sure what he was on, but it must importance or substance. If you were to walk down have been pretty strong. Bourke Street, you would not find anybody who even knows what we are talking about, much less someone The basic problem underlying this motion is that who thinks this is important to them. Mr Lenders has not accepted what happened in November 2010. I can relate to that, having been I ask the Leader of the Opposition and other members through a defeat in years gone by. That was in 1999, of the opposition to think carefully before they bring and it took me a long time to recover. I can understand matters into this house on a Wednesday. I have heard it how Mr Lenders would feel and how that frustration referred to as wasteful Wednesday, and I think that is a and annoyance would make its way into the public pity because there are many matters that the opposition arena in a number of ways. This motion today is clearly should be bringing before the house. I ask that the one of them. opposition leader and members of the Labor Party do just that, because this Parliament is far too important to I ask Mr Lenders to think for a moment that if in have its time wasted on such trivial matters. November 2010 — after the leaders’ election debate with Josephine Cafagna — the election had resulted in
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Hon. M. P. PAKULA (Western Metropolitan) — codes of conduct. That does not mean those things are Mr Finn considered this matter to be so trivial that he not important. If the Liberal Party and The Nationals spoke on it for 48 minutes. During that 48 minutes he say these things do not matter because they are not told us on at least a dozen occasions how unimportant important to the voters, my question is: why were they the matter was. Another point I wish to raise goes to the talking about them so much in the lead-up to the 2010 matter raised by Mr Leane. I will not belabour this election? point, but there is an agreement between the parties that the non-government parties are entitled to determine the All we heard from the Liberal-Nationals between 2006 program for Wednesdays, and whilst there are no time and 2010 was that there was a need for an independent limits on Wednesdays, I would also put that there is a commission against corruption, that there were issues convention at least that government members will not related to FOI, the conduct of the Parliament, Dorothy unnecessarily seek to meddle with that program by Dixers and all of that stuff. It is not because it is outrageous filibusters. As Mr Leane said, if this is necessarily the hottest issue in voter land; it is because going to be the way the government treats Wednesdays, accountability of government is important, and the to try to prevent the opposition from debating other members opposite made it an important election issue. items on the notice paper by filibustering on the first In the months before the election they went out week in item on the notice paper, then two can play at that and week out and made accountability an important game. issue, because in the narrative created by the then non-government parties, now the government, In regard to Mr Finn’s comments about both the Leader accountability in government is important. Whether or of the Opposition and the opposition more generally not it is the hottest topic for the general community, in somehow being in denial about the election result of this Parliament there is a recognition that government November 2010, let me say the reality is far from it. In accountability is important. If it is not an important fact the opposition has demonstrated at every point that point and if Dorothy Dixers are not important because it not only accepts absolutely and utterly the verdict of the voters are not talking about them, on that basis the Victorian people but also accepts absolutely its neither are most of the other accountability measures responsibility to hold the government to account for the that Mr Drum was trumpeting about so loudly during commitments it made which at least in part caused it to his contribution. be elected. The Victorian people expect the opposition to do its bit to ensure that the promises Mr Finn and his Mr Barber — Boring, but important. colleagues made that caused the people to vote for them are delivered on. Hon. M. P. PAKULA — I will come to Mr Barber. Let me say a few things about some of the contributions Whilst Mr Finn might say motions such as these are a that were made during the debate. I have to say I was waste of time, the fact of the matter is that this is the initially only going to talk about Dorothy Dixers. Then opposition’s responsibility. We are not simply we heard from Mrs Peulich and I felt the need to responsible for writing policies for the 2014 election expand my repertoire somewhat. Mr Drum said in campaign. It is our responsibility to come into this place regard to transparency and responsibility that they had and to call the government to account for the been ticking off the commitments one by one. I make commitments it makes. Whilst it might be preferable to the point in this debate that I have made in previous the government that we cease to do that, we will not. debates, whether they were about IBAC or FOI: just ticking them off as if they are some kind of to-do list I note also that Mr Finn, having lambasted Mr Lenders really is not the point. The point is not about creating over and over for leaving the chamber, has just left the something called an IBAC and saying, ‘Hey, we’ve chamber himself 2 minutes and 32 seconds into my done it’; it is about creating the kind of IBAC the contribution, having made us sit through 48 minutes of coalition said it would create. It is not about creating an his own. FOI commissioner and saying, ‘Look, we’ve done it’; it is about creating an FOI commissioner with powers the I also make the point that the substance of Mr Finn’s coalition said the FOI commissioner would have. It is contribution seemed to be that out there in voter land, in not about delivering a ministerial code of conduct; it is the western suburbs or other parts of the electorate, they about delivering the type of ministerial code of conduct are not talking about Dorothy Dixers. That is right, they that was promised by the coalition. are not. But they are not talking about the Independent Broad-based Anti-corruption Commission (IBAC) These things are not just titles. It is the substance that is either. They are not talking about the FOI important. In terms of the substance of the coalition’s commissioner. They are not talking about ministerial accountability measures, none of them measures up to
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1724 COUNCIL Wednesday, 28 March 2012 what it said before the last election that it would do. It very difficult now that they have been reduced from might have an IBAC — well, it is coming — and it 10 members to 7. might have an FOI commissioner coming and it might have a ministerial code of conduct, but none of them The previous opposition went on and on about looks anything like the models the coalition promised. I government advertising. In 2010 Mr David Davis will not go on and on about this because of the time brought a private members bill into this Parliament to constraints created by Mr Finn but also because I have establish a government advertising review panel. At last been through a lot of it before. Let me quickly go year’s budget estimates hearings the Premier said the through them. panel would be up and running by the end of 2011. It is now March, nearly April, 2012, and there is no sign of Regarding FOI, the promise was for an FOI it. What is worse is that the latest commentary from the commissioner setting enforceable standards for government makes it look like we are never going to departments. What was delivered? It will be the see it. minister doing it. When the minister at the table was asked about it, the sole answer was, ‘We think that’s There was a written commitment from Mr McIntosh appropriate in the circumstances’. We had a promise of that a ministerial code of conduct would be drafted by an FOI commissioner who would have responsibility the Privileges Committee and voted on by the over all FOI matters. Instead the response in the Parliament, but when we got to it, it was actually to be legislation was all except cabinet-in-confidence claims, drafted by the Premier and not voted on by anyone. except national security claims, except where the What did government members, when in opposition, decision is made by an agency head and except where say about a ministerial code of conduct drafted by the the decision is made by a minister. It is an FOI executive? They said it would be essentially designed commissioner in name only, with no responsibility for to fail. That is what they said a ministerial code of the majority of FOI complaints that come up. conduct drafted by the executive would be.
An IBAC along the lines of the New South Wales Mrs Peulich talked about questions on notice and how model was promised, but what has been delivered is not this government has replied to more questions on notice an independent, broadbased anticorruption commission, in 18 months than the former government did in four because it cannot look into corruption other than years. Well, I have some of those replies here. I have to corruption that is already in the criminal code and on tell Mrs Peulich, who talked about the time taken by the statute books, so if it is non-serious corruption, as departments, that interestingly every single department the legislation says, or if it is misdemeanours in office, and every single minister has given exactly the same the IBAC has no authority whatsoever. Basically all it answer. How time consuming must that be? And look becomes is another investigative arm of Victoria Police, at the topic — this is a government committed to because the only thing it can look into is criminal transparency. There were questions about which conduct. Well, guess what? We have a police force for lobbyists the government has met with. Every single that. An IBAC is meant to be about something more minister in every single portfolio has given exactly the than just the commission of crimes. same answer: ‘Government ministers and ministerial staff members continue to adhere to the — — I ask members to look at the committees of this Parliament. I have made the point on numerous Mrs Peulich — On a point of order, Deputy occasions that we have legislation committees and that President, in the interests of the consistency of your any member of this Council can refer a bill to them. management of this debate, could I suggest that reading Not one such motion moved by Ms Pennicuik, the responses to questions on notice is straying a little Mr Barber or anyone from the opposition has been far from the motion? carried by this house. Only three bills have been sent to the legislation committees, and all three of them have Hon. M. P. PAKULA — On the point of order, been on motions moved by a member of the Deputy President, in the interests of consistency, my government. earlier point of order was about repetition, and I have not repeated this point at all. In relation to The Scrutiny of Acts and Regulations Committee and Mrs Peulich’s point of order, directly before the the Public Accounts and Estimates Committee have lunchbreak I asked the President specifically about been cut from 10 members to 7, and the Greens are on whether I would be entitled to respond to a number of neither committee. That might be a matter of choice for the points made by government speakers in the debate, the Greens, but I have to make the point that even if and the President reaffirmed my ability to do so. they wanted to be on these committees, it would be
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The DEPUTY PRESIDENT — Order! That is Hon. M. P. PAKULA — Indeed I was, during correct. The point of order is not upheld. question time, as Mrs Peulich well knows. There are no members of the opposition who would argue that the Mr Ondarchie — Still, 10 minutes in and you have President does not require or at least seek to have not gotten to the motion yet. ministers answer questions in a relevant way when they are put to him or her by a member of the opposition. No Hon. M. P. PAKULA — Mr Ondarchie, it is member of the opposition is suggesting that the coming. And I make the point that in the 48 minutes of President ever attempts to shut down the opposition Mr Finn’s contribution I do not think he went near it. when it asks a question that might be inconvenient to a To put Mrs Peulich’s mind at ease, I do not intend to minister. There is no member of the opposition who belabour the point of questions on notice. I simply want would suggest that the President does not endeavour, to say on the matter of questions on notice — which are when he makes a ruling, to explain that ruling properly. questions of the government — that Mrs Peulich’s Members of the opposition accept all of those contribution, which I must say was bizarre, alleged that suggestions, and in fact I have made some of them questions on what lobbyists the government had met myself. with or about the numbers of ministerial staff employed had been drafted by the Labor dirt unit — the Labor dirt I think the President presides over the chamber in a way unit drafting questions on notice for ministers! That that is not capricious; rulings are properly explained, shows how committed Mrs Peulich is to repeating this members are only thrown out for good reason and line as often as humanly possible. It shows, I think, a members are given proper warning. I might say I am contempt for members of Parliament to suggest that sure I do not have any colleagues in the Legislative there is anything remotely dirt unit-esque about Assembly lining up to make the same points. If they are members of the opposition seeking information from not prepared to make those points, they have good the government — particularly when we do not get reason for not making them. I do not think their answers to any of our questions. experience is as happy an experience as the experience the 40 members of the Legislative Council have been Another great one is that when we asked the able to enjoy under not just this President but previous government, which had made claims about ministerial presidents. I am grateful for the fact that debate in the offices and how much it had reduced staff numbers, Legislative Council is presided over by a President who how many ministerial staffers and how many understands that there is at least a degree of departmental secondees there are in each minister’s independent-mindedness which is required to be office, we got an answer about the number of brought to bear in the conduct of the chamber. In that ministerial staffers, but there was no appearance, Your regard the Legislative Council stands as a beacon that Worship, of any answer to the question about how the Legislative Assembly should try to follow. If the many departmental secondees there are. When Legislative Assembly did try to follow that example, Mrs Peulich talks about smear and about a dirt unit, I there would be greater scrutiny of the current have to say to her that the opposition is coming to the government. end of its rope with the constant attempts by the now government to smear uncontrollably the good Going to the question of Dorothy Dixers — — administrative record of the previous government — 11 years of AAA credit ratings, 11 years of budget Mr Ondarchie — Sixteen and a half minutes! surpluses and 11 years of discipline and a united government that Mrs Peulich’s party continues to smear Hon. M. P. PAKULA — I advise Mr Ondarchie to cover up its own inaction. that I will be done within 20 minutes.
As part of her contribution, Mrs Peulich said that the Mr Ondarchie interjected. Parliament has changed. We now have a President who is holding ministers to account. We now have a Hon. M. P. PAKULA — If it were not for the fact President who requires ministers to answer questions in that 95 per cent of government speaker’s time was a relevant way. I have to say that in regard to the spent dealing with other matters, I would have been Legislative Council I agree with Mrs Peulich. There are able to deal with it quite quickly. The substance of the no members of the opposition who would accuse the government’s response is, ‘Ted Baillieu did not President of capriciously ejecting members of promise to do away with Dorothy Dixers’. I am sorry, Parliament — even though I was ejected myself today. but that is not what everybody thought. That is not the impression that Ted — — Mrs Peulich — Were you? Mrs Peulich interjected.
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Hon. M. P. PAKULA — Mrs Peulich laughs. In the 2 seconds into the debate, when Josephine Cafagna lead-up to the 2010 election Mr Baillieu and other asked Mr Baillieu the specific question about Dorothy shadow ministers made an art form of this. They made Dixers and how question time would be run, there an art form of making suggestions to the Victorian could be no ambiguity in any objective person’s mind community but couching their language very carefully. that this was a Premier who was going to change how Do you think, for example, there is anyone in Rowville the Parliament was run. who does not think that a train line was promised? Do you think there is anyone in Doncaster who does not The proposition that I have put, along with other think a train line was promised? Of course there is not, members on this side of the chamber, is that it is not but the government now says, ‘We didn’t actually good enough for the government members to go back promise it. We promised to look at it’. The language over many years of Parliament and say ‘Hypocrite’ or was very clear and clever. Those voters were entitled to whatever. For the first time in Victoria’s history, to my expect that this government had given them a knowledge, a Premier — Mr Baillieu — said he would commitment to build a train line. Similarly anybody reform question time, but nothing has been done. watching that debate but not going through the Government members’ only defence has been to say, transcript 18 months later looking for a get-out clause ‘Labor did terrible things in the past’. This is a debate would have been absolutely convinced that what about getting the Premier to honour his commitment. Mr Baillieu promised was a reform of the Parliament, The debate has not yet achieved that; there has been including the doing away with Dorothy Dixers. The quite a lot of dialogue about various atrocities that reason we focused on that is that it is — — people have committed — or allegedly committed — but the central proposition, which is to hold Mr Baillieu Mrs Peulich interjected. to his promise to get rid of Dorothy Dixers and to have government backbenchers in this place not defy their The PRESIDENT — Order! Mrs Peulich has made Premier’s election commitment by asking Dorothy a contribution. We would like to hear from Mr Pakula Dixers, has not been answered. I would urge members without assistance. to support — —
Hon. M. P. PAKULA — It is emblematic of how, The DEPUTY PRESIDENT — Order! I ask in the last 18 months, every accountability promise Mr Lenders to remember the correct title of the made by this government has been either walked away Premier. from or watered down to the extent that it looks absolutely nothing like the commitment made before Mr LENDERS — The issue is, firstly, the holding the election. of Mr Baillieu to his promise made in the leaders debate in November 2010. There has been no effort on I want to finish by making a brief point about my friend the part of Mr Baillieu or any of his ministers in either Mr Barber. Mr Barber says this is a sideshow — — house to refer this issue to the Standing Orders Committee as he unequivocally said he would do. Mr Ondarchie — Your friend? That’s changed a Secondly, the spirit of that has been defied by all bit! 14 non-ministers in this house — 14 parliamentary Hon. M. P. PAKULA — I think Mr Ondarchie is secretaries and backbenchers — who repeatedly ask the my friend too. Mr Barber says it is a sideshow and a Dorothy Dixers that the coalition leader emphatically waste of time and that there are more important things said in November 2010 would not be part of a to debate. My only question is why accountability Parliament controlled by his government. I urge the measures and accountability topics are only important house to support the motion. enough to be debated in the Parliament when they are House divided on motion: raised by the Greens. Ayes, 18 Mr LENDERS (Southern Metropolitan) — When I Barber, Mr Pakula, Mr moved this motion and started speaking on it this Broad, Ms (Teller) Pennicuik, Ms morning there were four propositions in the motion that Eideh, Mr Pulford, Ms went back to what the now Premier said in the leaders Elasmar, Mr Scheffer, Mr debate of November last year. For anybody who Hartland, Ms Somyurek, Mr disputes or questions his commitments, there is no Jennings, Mr Tarlamis, Mr Leane, Mr Tee, Mr (Teller) question: he said he would convene the Standing Lenders, Mr Tierney, Ms Orders Committee to look at how this place is run. If Mikakos, Ms Viney, Mr you look at the tape you will see that 25 minutes and
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Noes, 20 Department of Transport to set fares, making it unlawful to provide for an increase in public transport fares having effect Atkinson, Mr Koch, Mr before 1 January 2014. This is the main purpose of the bill. Coote, Mrs Kronberg, Mrs (Teller) Crozier, Ms Lovell, Ms Public transport operators do not engage the provisions of the Dalla-Riva, Mr O’Brien, Mr charter, as the charter applies to natural persons only. Davis, Mr D. O’Donohue, Mr Davis, Mr P. Ondarchie, Mr In my opinion, the Transport (Compliance and Elsbury, Mr Petrovich, Mrs Miscellaneous) Amendment (Fares) Bill 2012 as introduced Finn, Mr Peulich, Mrs to the Legislative Council is compatible with the human Guy, Mr Ramsay, Mr rights protected by the charter. Hall, Mr (Teller) Rich-Phillips, Mr Mr Greg Barber, MLC Pair Darveniza, Ms Drum, Mr Second reading
Motion negatived. Mr BARBER (Northern Metropolitan) — I move:
That the bill be now read a second time. PRODUCTION OF DOCUMENTS This bill freezes the recent 8.6 per cent increase in The Deputy Clerk — The Clerk has received a public transport fares for a period of two years, letter from the Minister for Public Transport. reducing overall fare increases to a figure more closely reflecting inflation and rises in cost of living. Letter at page 1766. Studies suggest that the recovery ratio for Melbourne’s Ordered to be considered next day on motion of public transport operating costs is higher than other Ms PENNICUIK (Southern Metropolitan). Australian capitals even though we collect similar fare amounts on a per passenger-kilometre basis.
TRANSPORT (COMPLIANCE AND Clause 3 of the bill places a specific, limited restriction MISCELLANEOUS) AMENDMENT on the wide discretionary power conferred on the (FARES) BILL 2012 director of the Department of Transport to set fares, making it unlawful to provide for an increase in public Introduction and first reading transport fares having effect before 1 January 2014.
Mr BARBER (Northern Metropolitan) introduced a Public transport is an essential service and many bill for an act to amend the Transport (Compliance Victorians use it because they have no other and Miscellaneous) Act 1983 and for other transportation option. This bill protects Victorians’ purposes. access to this essential service by ensuring that increases in fares do not rise significantly and Read first time; by leave, ordered to be read second unpredictably relative to cost of living. time forthwith. I commend this bill to the house. Statement of compatibility Debate adjourned on motion of Mr O’DONOHUE Mr BARBER (Northern Metropolitan) tabled (Eastern Victoria). following statement in accordance with Charter of Human Rights and Responsibilities Act 2006: Debate adjourned until Wednesday, 11 April.
I make this statement of compatibility with respect to the Transport (Compliance and Miscellaneous) Amendment (Fares) Bill 2012 (the bill), in accordance with section 28 of GREATER DANDENONG PLANNING the Charter of Human Rights and Responsibilities (the SCHEME: AMENDMENT charter). Ms HARTLAND (Western Metropolitan) — I The bill promotes the right to freedom of movement expressed in section 12 of the charter by enhancing certainty move: and consistency, encouraging Victorians to patronise public That amendment C125 to the Greater Dandenong planning transport. scheme be revoked. Clause 3 of the bill places a specific, limited restriction on the wide discretionary power conferred on the director of the
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Amendment C125 is more than a rezoning amendment; The plan, as it is put, is to treat categories A and B soils it links the rezoning with the proposed use of the site at the Lyndhurst facility until they are suitable for for an unnecessary new toxic soil treatment facility landfill and then dispose of them at the tip. Some will connected with the existing toxic tip. I have no quarrel be used as daily cover to avoid the need for clean fill to with the very narrow issue of rezoning the land to be imported. The company admits that it proposes to industrial use, in keeping with land that surrounds it, dispose of categories B and C waste directly into and I have no quarrel with toxic soil being remediated. cell 12C at the toxic tip. There will be some economic The amendment is not appropriate because a full incentive in the plan to treat category B waste before examination of its impact has not been considered. disposal, but if some other factors come into play, there Given Mr Guy’s answer yesterday to the question about is nothing to stop the company from burying untreated contaminated sites from my colleague Mr Barber, it is category B waste in the tip. clear that a great deal more work needs to be done on this very issue, not just in regard to Lyndhurst but Commencing in the late 1990s, there was a hive of across the state. The planning framework for toxic sites activity in planning in relation to hazardous waste. I am is clearly incomplete. indebted to Professor Ian Rae, whose brief history of the various processes I will summarise. The history is The proposal goes against both government policy and relevant here because the processes and common sense by encouraging toxic waste to be recommendations of two committees became the disposed of as landfill. The joint exhibition of the de facto planning guidelines. The Kennett government proposed uses prevented the panel from considering established the Hazardous Waste Consultative submissions on the environmental issues, and at the Committee to come up with a plan for how to manage same time it prevented a review of the works approval hazardous waste and where to put it. Its operation decision of the Environment Protection Authority continued under the Bracks government. The (EPA). The amendment also impacts on planning for committee recommended establishing soil treatment the future of toxic tips and especially closure of a toxic facilities because treating soil would cut down on toxic tip. landfill, but it recommended buffer distances around those new soil treatment facilities. The then The panel report does not adequately consider the need government accepted nearly all the recommendations for the facility. The proposed SITA soil treatment and gave some new responsibilities to the EPA, and the facility is opposed by Greater Dandenong City Council, Prescribed Industrial Waste Advisory Committee was in whose area it is to be located, and by Casey City established. Council, in whose area the nearest residents live. From reading a great deal of correspondence over many Meanwhile, the toxic tips at Tullamarine and Lyndhurst years, I have learnt that this is a fight that has been were filling up, so the then government set about going on for at least 10 years. It has been a fight finding a new site for toxic waste disposal. The office between the previous government, the current of major projects appointed a Hazardous Waste Siting government and the two councils. Advisory Committee, whose members set about trying to find appropriate sites. The process was later The proposal is to truck in different types of toxic soil. abandoned. While the HWSAC was in operation it Category A soils are the most toxic. They cannot be adopted a set of criteria that was accepted by the accepted in any confinement facility, but according to government. The criteria include the following buffer the panel report, each year some 20 000 tonnes of the zones: a 200-metre primary exclusion zone with a stuff will be brought in by trucks thundering along all 2-kilometre buffer for sensitive uses such as child care, the roads to Lynbrook. Category A soils contain things food production and housing. To put those buffer zones such as explosive substances, flammable solids, in context, the house nearest the Lyndhurst soil substances or waste likely to spontaneously combust, treatment facility is 790 metres away, and the suburb of substances that go ‘kaboom’ if you mix them with Lynbrook is just over 1 kilometre away. Those de facto water, corrosive substances and so on. In my view, guidelines were never formalised. In my view that category A soils should be the highest priority for leaves the planning framework incomplete. on-site treatment. I do not want that material on the roads. Category B soils contain toxic waste with a high Yesterday during question time in Parliament, Mr Guy level of control. As coincidence would have it, the toxic highlighted the need for better planning. He expressed tip at Lyndhurst is the only facility licensed to put his fears that if there is not a toxic soil plant at category B waste into landfill. Category C waste is Lyndhurst, one might pop up anywhere, including near suitable for landfill. residential areas such as Brunswick. I have to say to the minister that that has been my experience over many
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Wednesday, 28 March 2012 COUNCIL 1729 years: governments say to the community, ‘Well, if it’s without leaving the premises. The company in that case not here, you have to decide where it’s going to be’. is Innova Soil Technology. On its website it promotes That is the responsibility of government. It is the on-site treatment, saying it is cost effective and safe. I responsibility of government to have planning do not know why it suddenly needs to truck toxic soil frameworks that deal with these issues and not to put it from all over Melbourne to Altona. The Altona back onto the community to say where a toxic soil plant example is relevant to Lyndhurst, because it provides should be located. an opportunity for us to separate rezoning from use. In Altona the land was already zoned for industrial use. The Baillieu government has shown that it can take Hobsons Bay City Council went to the Victorian Civil firm action on planning guidelines in relation to land and Administrative Tribunal to argue that, use. Last year the government restricted new wind notwithstanding the zone, the company should have to turbines to locations further than 2 kilometres from apply for a permit for the new use. VCAT found in dwellings, except by written consent. It also prohibited favour of Hobsons Bay City Council. Innova then wind farm developments in several parts of the state. applied for a permit. Hobsons Bay City Council Unfortunately the Minister for Planning is not in the considered the application and ultimately refused it chamber. I would like to ask the minister what he earlier this week. considers more dangerous — toxic sludge or clean energy. One creates a waste legacy, and the other Local residents have run a very strong campaign reduces waste by making electricity without carbon against the Altona facility. I signed the community dioxide emissions. One of them involves the noise of petition, and I would be proud to take a petition to trucks travelling all day and night through our suburbs, Parliament or participate in any other action the and the other one goes ‘whoosh’. One of them is a great community campaigners wish me to. I commend big industrial plant; the other is a wind farm on a Hobsons Bay City Council for listening to the person’s property. Is this government sure it has its community and helping it oppose a toxic soil plant. I planning priorities right? mentioned Altona, but this is a problem across the state; it is not just in Lyndhurst or Altona. We will see other The government should complete a firm planning sites like this, because if this amendment zoning the framework for toxic soil facilities which at least land as industrial 1 goes through, these facilities will be includes strong siting restrictions on permanent soil able to be sited in a number of places. remediation facilities, as are placed on wind turbines. The framework should consider the comparative The Lyndhurst soil treatment plant and the tip are the benefit of mobile soil facilities over permanent ones. only parts of the activity associated with the This would encourage industry to move to on-site amendment. Most of the new activity will involve treatments. trucks moving 60 000 tons of toxic soil per year from other parts of Melbourne. Let us remember that trucks I would like to explain the difference between the two. spill stuff, they break down, they crash. What happens The Lyndhurst site will be run by Sita Environmental to the toxic soil spilt on a road near a house, and what Solutions. If members look at SITA’s website, it claims happens if it goes into the local creek? Many of those to specialise in on-site treatments — that is, it takes the truck movements are unnecessary, because some or all high-tech mobile soil treatment equipment to the place of the soil could be treated on the sites from which it where the toxic soil has been discovered, and it is originates. treated on site in a safe, contained way — in other words, you move the equipment instead of the soil. This is the key failure of the panel report. It considered Apparently SITA can get the equipment and the the need for the facility only in the context of the need relevant engineers, project leaders and operators to a to dispose of waste. It did not consider whether there site at short notice and work there around the clock. It was a need to remove the soil from the originating site. advertises this process as being more economical The panel report went into some detail about how because it reduces the logistics costs. It also avoids difficult it was for its members to separate out the clogging our roads with more trucks, many of which planning issues from the environmental issues and how will go through the major truck routes in my electorate. they were not able to address the environmental issues. The panel report says it is not clear which matters were This brings me to a situation we have in Altona. There relevant to land use planning and which matters were is absolutely no need for a new toxic treatment plant in relevant to works approval. The panel concluded that Altona now that the major companies offer on-site there should have been an advisory committee to treatment — that is, mobile equipment — for toxic soil. consider both planning and environmental matters, and They go to the site to treat the soil, and it can be reused that in the end it could not consider environmental
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1730 COUNCIL Wednesday, 28 March 2012 matters, even though it was clear that public submitters order to facilitate the development of hazardous waste thought the joint advertising process meant all matters treatment facilities. should be considered by the planning panel. RATWISE asks:
To make matters even worse, as the planning panel 1. Did the planning panel consider the consequences for all pointed out, when the government exhibited the zoning industry 1 zones in Victoria of allowing the storage and treatment of hazardous waste, including category A (the amendment together with the planning permit, one most hazardous of all) in an industry 1 zone at the impact was that third parties were denied the right to Lyndhurst tip? appeal to VCAT against the EPA works approval decision. In this way the panel said that third parties 2. Was the panel aware the C125 amendment will see were not provided with an opportunity to have their more hazardous waste industries successfully applying to establish in industry 1 zones? concerns addressed on the more detailed environmental impacts that a works approval application would 3. Will the C125 amendment result in applications to normally address. The panel highlighted this problem further develop the Lyndhurst tip site for the treatment together with the lateness of the EPA’s submission. and storage of toxic and other hazardous waste? 4. Is it good planning for the storage and treatment of toxic The amendment brings up a number of unresolved and and hazardous waste in the middle of an area being incomplete framework issues for toxic sites across the developed for industries such as warehouses and state. The need for the facility and its broader impacts distribution centres? have not been assessed, and that is the reason I am in the chamber today saying the amendment should be 5. How was a decision made that an industry 1 zone is appropriate for treatment of contaminated soil when a revoked. It is unfortunate that the Minister for Planning permit exists for one in an industry 2 zone and also in a is not in the chamber, because I would have put several special use industry 3 (a petrochemical industry) zone? questions to him. The soil treatment plant is associated with the Lyndhurst toxic tip. When will this tip close? 6. Is there a need for planning schemes to be amended to ensure that hazardous waste facilities will not be Casey City Council wrote to the state government permitted to be established in industry 1 zones? asking it to amend the planning scheme to create a 1-kilometre buffer zone around the Lyndhurst tip. Will (RATWISE suggests that there may need to be changes the minister conduct an environmental impact study on to the land use term ‘materials recycling’ under industry 1 zoning in that ‘materials to be collected, the Lyndhurst tip, as requested by Casey City Council? dismantled, treated, processed, stored, recycled, sold, These are questions that need to be addressed. used or surplus materials’ must not be prescribed industrial wastes … There may also be a need to ensure Before I finish, I believe that as an MP I have a that hazardous waste at a refuse disposal in an industry 1 responsibility to be an advocate for the community and is prohibited.) a responsibility to voice people’s concerns. Living in RATWISE is also of the view that: the western suburbs I have been active for many years around what I refer to as urban contamination and 7. The Lyndhurst tip will fill in the near future and there is urban environmental issues — contaminated sites, a need for the government to find an alternative site for the containment of residual hazardous wastes. Coode Island et cetera. I will finish today by reading a letter from Residents Against Toxic Waste in the 8. The government needs to develop a hazardous waste South-East (RATWISE): policy that will result in the phasing out of the disposal of hazardous waste to landfill and that this the policy is Justice Morris, former president of Victorian Civil and communicated to the public. Administrative Tribunal (VCAT) said in his speech on ‘Inherent conflicts in the planning system’, given at an Urban 9. The PIW landfill levy should continue to be used to Development Institute of Australia (Victoria) luncheon, support the reduction in hazardous waste produced and May 2007, that, ‘Decisions about land use and development going to landfill. remain relevant for many years. Hence good decisions must display long-term thinking, and not just pander to short-term RATWISE believes a whole state approach is needed when needs’. assessing the C125, not to rely on Lyndhurst into the future, but work towards keeping hazardous waste out of our RATWISE is of the view that the C125 amendment to the suburbs. Support is sought from all parties. City of Greater Dandenong planning scheme, which is now before you for your consideration, is not a good decision In concluding, RATWISE has received 593 letters of petition displaying long-term thinking and that it must be revoked. directed to members of Parliament on the C125 amendment, indicating considerable community concern about the The C125 amendment changes the site known as the amendment and the storage and treatment of hazardous waste Lyndhurst tip from a farming zone into an industry 1 zone in it facilitates. This community concern, along with the planning matters raised above, shows the inappropriateness of
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the C125 amendment to the City of Greater Dandenong City of Casey, and it was seconded by Cr Wayne planning scheme. RATWISE therefore asks Parliament to Smith, calling for further work into the future to ensure revoke the amendment in accord with section 38 of the Planning and Environment Act 1987. that people’s concerns about health impacts are not swept under the carpet. That is a good thing. I would like to finish by saying that I have been involved in these kinds of issues for over 20 years. I While speaking to that, I note that I have also spoken have seen governments come and go, I have seen plans about the performance of the EPA (Environment and I have seen committees, but I have not seen a Protection Authority) in the past and in particular my consolidated, whole-of-state way of dealing with concerns about the deaf ear turned to complaints, those hazardous waste, contaminated sites and industrial sites. relating not just to the Lyndhurst issue — and could I Where I live these are within 20 metres of people’s say that that issue continues; I will come back to that houses, yet this government can have 2-kilometre specifically in a moment — but everywhere else also. buffer zones around wind farms. What is more The cause for the inadequate handling of complaints to serious — a major hazard facility or a wind farm? I the EPA about odour particularly was exposed by an urge the government to get this planning issue right, Auditor-General’s report on the management of and I urge the government to change its mind and not hazardous waste that showed there were nine go ahead with this amendment. fragmented databases and there was no capacity for the organisation, which ultimately has the relevant statutory Mrs PEULICH (South Eastern Metropolitan) — authority, to identify what permits were held and what First of all I declare an interest in the general issue of the conditions were, let alone to enforce them. tips and landfill. I also live in a suburb that is close to a tip and landfill area and that suffers considerable I must commend Mr Merritt, CEO of the EPA, and the negative impact on amenity, so I come to this question, minister on taking that seriously and moving to and have done so in this chamber since the time of improve the system. One thing the EPA has done since being elected, showing a great deal of interest in the the time in question — in part in response to specific way that tips and landfill have been managed and in councils, including the City of Kingston, calling for many instances — Ms Hartland is right — mismanaged greater intervention from the EPA — has been to or poorly managed over past years and past decades. institute the cultural shift of getting out into the That is my interest. I do not have a specific direct community to hear concerns firsthand. I know it has interest in relation to this site, but I certainly have an been active around Lyndhurst, because I attended a enormous amount of empathy. That is on record, of couple of those meetings. With all due respect, I note course, in Hansard. that I do not recall any member of the Greens attending any of those meetings, nor is there a history of the Members will indeed recall that I have spoken on these moving of any specific motions at any of the councils, issues on many occasions. During the committee stages in particular at the Casey council — where there is a of the landfill levy debate I encouraged the then Greens-endorsed councillor — that could have driven Minister for Environment and Climate Change, Gavin some better outcomes, given the concerns Ms Hartland Jennings, to initiate a health study in response to has now spoken about. concerns about the possible effects on birth defects. I did this by a call through the media, through members Coming back to the management of the databases, I of the committee and in particular through Cr Jim believe that there has been significant improvement but Mimeti, a Labor councillor whom I taught at school, so that there is still a long way to go. Too often I still hear I have to declare an interest there too. I commend about odours being detected out of office hours and Minister Jennings for actually doing that; it was very there being no capacity for immediate action in important to do that. response. I would like to use the opportunity of this debate to place that on record. I believe the EPA is The complex problem of managing tips and landfills, making significant inroads, but there is obviously more especially in the growing urbanised environment, is work to be done. A legacy of mismanagement over very important. It is important to respond to the time cannot be turned around in a brief period. concerns at the appropriate time. Mr Jennings established that study, it was subsequently released and Ms Hartland had obviously been lobbying for some it did not show any significant clusters. That is not to initiatives in her electorate, and seeing that, I also called say that those issues will never be revisited. I note the for increased community engagement in relation to long history of this site and the many motions that have some of those tips and related issues. I do not know for been moved and media articles that have been written. certain — no doubt I will be advised — whether it was Cr Amanda Stapleton moved a recent motion at the as a result of action by the former government or by
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1732 COUNCIL Wednesday, 28 March 2012 this government, but I am pleased to see that a structure As we know, the C125 amendment to the City of to improve community engagement surrounding those Greater Dandenong planning scheme has been through issues has been introduced. So there are some issues a full amendment process, including being looked at by with which I have been directly involved where I have an independent panel as well as being subject to EPA seen improvement, but there is a long way to go. This is reviews, works approvals and licensing. Following this just one area, although of course the south-east has a lot process, obviously, was the recommendation that the of tips. amendment be approved, which has since been the case. In relation to this matter, on searching my records I did not find that anyone had contacted me specifically As a local member of Parliament with a significant about the C125 amendment before the recommendation history on this, I did not receive any approaches from was issued in the panel report. I certainly did not any single member, any single councillor or any council receive any direct representation from the City of on amendment C125 until the process was concluded. Greater Dandenong. I would like to commend the City Revocation of a planning amendment, whilst obviously of Greater Dandenong for doing a great job of briefing possible given the process we are going through here, is MPs. It is a Labor council, but I must pay tribute to the intended for the exceptional situations where improper chief executive officer, John Bennie, who does an processes have been followed, where no consultation outstanding job of lobbying and advocating for the has occurred or where there may be impropriety. council without fear or favour and with Clearly, as with most planning amendments, when professionalism. The process brings all councillors, people make submissions to those processes they may irrespective of their political colours, around the table not necessarily be happy with them, but in this case from time to time to advocate for their council. They do there clearly has been no evidence that I can see of any that reasonably regularly. At the most recent meeting impropriety in the processes. There has certainly been the issue of C125 and this motion was not on the consultation, given the large volume of submissions agenda and was not raised. that have been made and that the panel has painstakingly gone through and responded to. I will I know that a motion was put before the Casey council come to the detail of this in a moment. I have not in October 2011 in relation to this amendment and that received any representations. the entire council voted not to take further action. Everyone voted that way — there was no exception — Subsequent to the recommendation that the including the Greens councillor Lynette Keleher, who amendments be adopted, I note that the cities of Casey also voted that the report simply be noted. In looking and Greater Dandenong will probably work together — through the list of submitters on the amendment and I certainly hope they do — to ensure that the published in Greater Dandenong Planning Scheme licence for the soil processing is phased out at the same Amendment C125 Permit Application 2010/013898 — time as the permit for landfill operations so that the Panel Report, dated 1 August 2011, I do not see the rights of the public to a better use of that land are name of any member of the Greens. I do not see a protected into the future. submission made specifically by Cr Keleher. If parliaments were to routinely overturn decisions — The point I wish to make is that planning panels complex, technical decisions and processes — which involve very complicated processes and rely on a are lawful and which follow due process, then there significant amount of technical skill. There is an would be no certainty in the planning process attempt to entrench in that process the rights of whatsoever, and the system would crumble and fall into individuals — and I note Ms Hartland’s concern that disarray. The processing of contaminated soil before it third parties could not object to VCAT (Victorian Civil goes into landfill is something that has been advocated and Administrative Tribunal) at a particular stage. That by all sides — by the Greens, by the Labor Party, which applies to any other permit application. For example, at was at the forefront, and certainly by the coalition the time when I was campaigning about my concerns government. In fact, just to remind members about that, with the social housing that was built at the back of the I will read from a press release titled ‘Soil clean-up Kingston town hall and that destroyed a civic facility by technology breaks new ground’ issued by the former occupying that car park, those objectors who had not Minister for Environment and Climate Change on found out about the relevant proceeding also could not 5 March 2009. I am just going to pick out a few appeal to VCAT, so that is not unusual. It is a process sentences to substantiate what I am saying that as a way that has been long established, although that does not of minimising the amount of contaminated soil that mean it is without flaws. goes into landfill, this has been a direction of the industry and all political parties as per policy. Of course
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Wednesday, 28 March 2012 COUNCIL 1733 there is always going to be heartache about where it is well have ameliorated part of the situation and some of sited. In relation to a contaminated site in the the concerns that have occurred. Melbourne suburb of Springvale, the press release says: The response from the EPA to that letter from the City ‘The technology meets the stringent environmental and safety of Casey is dated 28 November 2009. It is headed standards applied by EPA Victoria with oversight provided ‘Advice in relation to Lyndhurst landfill’. Under the by an independent environmental auditor’, subheading ‘Lynbrook development plan’, it says: Mr Jennings went on to say: To protect sensitive land uses from any off-site effects It is great to see innovative and cost-effective solutions being resulting from normal and upset landfill operating conditions delivered by Australian industry. such as offensive odours, noise, litter and dust, an adequate buffer distance should be maintained between the landfill and Industry is making great progress in reducing waste by the sensitive land uses including the residential developments. increasing recycling and reuse and ultimately putting less hazardous waste into landfills. … EPA would therefore encourage council to amend the The press release goes on to expound the benefits of Lynbrook development plan to make reference to the this process. Lyndhurst landfill and to introduce guidelines that require the existing buffer distances to be protected and maintained to The general policy direction is one that is endorsed by prevent inappropriate encroachment of sensitive uses or all political parties. That then prevents the stockpiling sensitive zones. of hazardous waste material throughout the community, The existing buffer of 800 metres between the landfill and the which obviously poses an even greater risk. already developed areas of Lynbrook Estate has been shown to be both appropriate and to provide adequate protection As I have mentioned before, as a result of the health from potential impacts of Lyndhurst landfill. concerns I raised in the Parliament during debates under the Labor government, as a result of my direct That was back in 2002. If the government at the time representation here in this chamber and with the good believed that this was inadequate, I imagine action grace of the then Minister for Environment and Climate would have been taken to resolve it. It goes on to say: Change, Mr Gavin Jennings, that health study was Based on the recommended buffers set out above, experience conducted. The results of the study were released after with the Lyndhurst landfill and other landfills and the nature the change of government, and I am advised that they of the waste received by Lyndhurst landfill, it is important demonstrate no significant clusters of health issues. that the Lynbrook development plan should seek to ensure that the current buffer of at least 800 metres between the I would now like to go specifically to the matter of this landfill and the residential development is maintained. particular amendment, but before doing so I would like The City of Casey also wrote a letter dated 1 December to show the disarray of positioning on the issues 2003 to the City of Greater Dandenong. The letter is pertaining to the Lyndhurst landfill over time, which addressed to Mr Greg Bursill, manager of city then compounds these problems and makes them more development. It says: complex to resolve. I am looking at a letter dated 2 October 2002 from the City of Casey to the EPA. I thank you for the opportunity of meeting on 9 September This was under the former government, and it is not an 2003 with officials from your council to discuss issues in the attempt to shift the goalposts. It says, under the heading above regard. ‘Advice in relation to the Lyndhurst landfill’: This is in reference to buffer zones surrounding the The conservation advisory committee of the City of Casey Lyndhurst landfill site. It continues: has recently raised concerns in relation to the approval of new Please accept my apology for the delay in getting back to you residential subdivisions in Lynbrook and Lyndhurst in writing following that meeting. highlighting the close proximity of these areas to the Lyndhurst landfill and the possible impact that the disposal of hazardous waste at this facility may have on residents. This is the important paragraph: It goes on to talk about seeking advice from the EPA on The buffer zone surrounding the Lyndhurst landfill site has no statutory effect on any land outside the Greater Dandenong the approved operations of the facility, categories of planning scheme. It is not the intention of council to in any waste that can or are being accepted, whether any way petition for the City of Casey to be bound by this buffer buffer or any other land use controls should apply to the or to propose any buffer-related conditions on development facility and recommendations for restrictions or occurring east of Dandenong-Hastings Road. guidelines that should be included in the Lynbrook The history of this is complex, and the flaws do not development plan. It was timely, and timely advice may reside in any specific quarter. When a process or issue
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1734 COUNCIL Wednesday, 28 March 2012 comes up all we can do is try to get the best outcome instances where this has occurred. The problem is that we can. The difficulty with Ms Hartland’s motion is as an industrialised society we need a state facility to do that this chamber, or the Parliament, has only been this work. involved in overturning six planning amendments in its history. This chamber is not a statutory planning With regard to what has been approved, on authority with the technical skill that would reside with 22 December 2011 the Minister for Planning approved panels. We are not equipped to make the detailed amendment C125 to the Greater Dandenong planning reassessments of planning permit applications of such a scheme and issued a planning permit that was subject to complex nature, which would be necessary in order for conditions. The amendments rezoned the land — and I us to do what Ms Hartland is asking. do not think Ms Hartland is arguing strongly against that rezoning — occupied by the Taylors Road landfill I will now go specifically to the details of planning from that of a farming zone, which is clearly scheme amendment C125, which I believe, from the inconsistent with the use to which it has been put, to panel report I have been reading, tries to address in a that of an industrial zone 1. The associated planning rational and reasonable way some of the specific issues permit allows part of the landfill site to be used for the raised by the submissions, and I will cover some of purposes of materials recycling or a soil processing those points. In doing that, I will recap some of the facility. history. The Environment Protection Authority, the statutory The Taylors Road landfill is the state’s only facility authority for the protection of our environment, issued a licensed to accept category B waste and is clearly separate works approval for this facility on 16 January considered to be of the status of significant land use. 2012. The amendment was required because the former The former Minister for Planning became the Minister for Planning rezoned the land from that of responsible authority for the site in 2007 in order to rural zone to farming zone in 2007, and the rezoning to deliver certainty to the community that prescribed industrial zone 1 better reflects the ongoing use of the waste would be handled safely and efficiently at the land and is compatible with the site’s surrounding site. I have visited it, as I am sure Ms Hartland and industrial context. many other people who are interested in landfill operations have, and it is run pretty tightly. That is not It is not so much the fact that it is being rezoned; it is to say that there is no room for improvement; there is, probably more about the sort of use to which it is being particularly in the handling of complaints about odour put. The former Minister for Planning decided to and operations outside of the usual times of 9.00 a.m. to prepare an amendment to C125 following a request 5.00 p.m. in particular. That is separate, though, to from Golder Associates on behalf of SITA Australia, some of these matters, and basically people have said which operates the Lyndhurst landfill. The applicant that if it cannot comply with the existing permits, why requested the minister, as the planning authority, to not consider a soil processing facility? Whilst I prepare a combined permit and planning scheme empathise with that thinking, it would mean that we amendment in July 2010. The amendment was would not have a facility of state importance. exhibited between November 2010 and January 2011. This is a really important bit of information, because The soil processing facility will treat hazardous waste what we are really concerned about here is how the by reducing contaminant concentrations prior to re-use effects of the site may impact on residents. or placement as prescribed industrial waste in the landfill. That is a good policy outcome. Indeed in The soil processing facility is located in the reading about some of the processes of addressing north-eastern corner of the existing landfill, with the contamination, it is quite groundbreaking — to use a landfill providing a buffer to the south and the west of pun. It will enable contaminated soils to be removed the new facility. The land to the north, south and east of and treated away from development sites where we do the site, beyond the landfill, is industrial land. There are not want them to be spread throughout the community, a number of scattered residential properties to the west. freeing up those sites for redevelopment. Just On 10 June 2011 the EPA advised the panel on this that recently — in my own experience, for example — with it considered the proposed buffer distances and the the dredging of Mordialloc Creek, where there was facility acceptable. All the panel could do was rely on contaminated sediment, the works had to be held up the authority that is responsible for the protection of our after loading the trucks because there was nowhere to environment. take the contaminated soil. Having truckloads of contaminated soil on the streets of Mordialloc was not a Were people notified of the proposal? There was a joint really good outcome, and there are many other similar exhibition of the planning scheme amendment and the
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EPA works approval which took place in November committee is still in place. It meets every six weeks and 2010 and resulted, as Ms Hartland said, in the receipt of comprises a number of community groups, council, the numerous submissions — 332. Again, I do not actually EPA, the Department of Planning and Community see the name of the Greens-endorsed Development, the Department of Health and SITA. It councillor, Lynette Keleher, on that list of submissions, was established to discuss landfill issues. An of which 261 were pro forma. That does not diminish independent facilitator chairs these meetings, and the the merit of those, but it comes with the advice of the committee publishes a regular information sheet. submitters. The EPA advised that it had no objection to the proposal, subject to the applicant obtaining a works The panel recommended a condition of the planning approval for the soil processing facility. A gas provider, permit linking the life of the soil processing facility to APA Group, had also confirmed it had no objection to the life of the landfill operation. This is a critical point the proposal. Melbourne Water confirmed it had no for the community. The condition was largely in objection to the proposal, subject to standard response to community expectations of future use of the conditions, and those have been included on the permit. site for public open space once the landfill has ceased Community consultation took place between operation. The condition has been included on the 18 November 2010 and 20 January 2011. As I permit. mentioned before, an independent panel was appointed to consider the submissions and provide This is a very important issue, the history of which recommendations to the minister. spans many years and involves many agencies. I have cited some of the detail to demonstrate that there was a I turn briefly to the issues raised by the submissions. long and protracted process of accessing technical skills The submissions related largely to concerns about and expertise and there was a substantial amount of adverse amenity impact, both from the existing consultation. I personally have not received any direct landfill — and this is important because it goes back to representations. I believe revocation motions should be my comments that some of those complaints to the used sparingly for cases where there is impropriety, a EPA, especially those out of hours, need to be treated lack of due process or a lack of consultation. I do not more promptly and to be seen to be so treated — and believe that any of those apply, and it is regrettable that from the proposed soil facility use. Many of the those who are now raising the issue did not make concerns were technical in nature and were addressed submissions using the approved process. With those by the EPA in its assessment of the works approval few words, I indicate that the government will oppose application. the revocation motion.
The City of Greater Dandenong opposed the Mr TEE (Eastern Metropolitan) — I welcome the amendment and the application for a planning opportunity to speak on this very important and permit — I did not receive advice of that, but council complex issue. Today we have seen the conflation of did oppose it — and the council appeared before the two issues into one. There is the planning rezoning, panel. The main concern of the council was the ongoing which is really the subject of this motion. That question use of the land for a landfill and the community is whether or not the land should be zoned industrial. expectation that the landfill would cease operation On this issue we in the opposition share the view of the within a 10 to 20-year time frame. The permit condition planning panel and its conclusions. recommended by the panel addressed this issue, and it was very important for this to occur. In doing so we note the very extensive process undertaken by the panel and the level of engagement by The works approval and the combined planning permit the panel. The panel supported the rezoning because the and amendment C125 were jointly advertised, as previous farm zoning did not allow for the current use provided under section 20B of the Environment of the site as a disposal facility. The farm zoning in Protection Act 1970. The EPA held a conference place was inconsistent with the way the site has been regarding the works approval on 21 February 2011. used since 1990. This inconsistency was the result of a SITA also held a community consultation session in change to the definition of ‘farm zone’. When the November 2010 during the exhibition of the facility was originally zoned, a farm zone was amendment; officers of the EPA were also in consistent with the use of the land as a disposal facility. attendance. The unresolved submissions to the The council changed the definition of ‘farm zone’, and combined permit and amendment were referred to the all of a sudden the use of the land was inconsistent with independent panel, which conducted a hearing over six the zoning. The panel recommended that this anomaly days in June 2011. The panel report was received on be fixed and the land be zoned in a way that would 1 August 2011. A community engagement steering allow the disposal facility to continue operating. It was
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1736 COUNCIL Wednesday, 28 March 2012 recommended by the panel, and in my view there is a first time the waste will be converted on the site into clear argument in favour of the rezoning. class B or C waste, and then it will be either disposed of on the site or the class C waste could be trucked off The second argument of the panel for the rezoning from elsewhere. farm to industrial was that rezoning this land to industrial was consistent with the land use in the area. That is a very significant change to the use of the land, The panel found that the surrounding sites were zoned and that is an issue which is rightfully concerning many industrial and not farming. Again the logic of this panel residents in the area. The concern that has been recommendation is persuasive. generated is based around whether the proposed facility follows best practice. There are also concerns about In terms of the issue before the chamber of whether the appropriate buffers. There are concerns about the land should be rezoned, the opposition supports the additional truck movements — and we are talking view of the panel, because the rezoning accurately about trucks that will be moving up to 60 000 tonnes of reflects the current use of the land and also the use of waste onto this site every year. We are talking about the land in that area. I note that Ms Hartland in essence impact of emissions, both the particulate matter that agrees. She said she does not really have any quarrel will be around and indeed the odour, and there are with the rezoning. Her issue is the planning application concerns about the noise when this volume of activity is and the planning permit that provides for a class A added to the site. facility. I will come to that in a second. For the moment I just note that Ms Hartland said her quarrel is not really We believe these are very legitimate issues and with changing this to an industrial zone. concerns. We are somewhat comforted by the thorough and rigorous examination of these issues by the panel As I said, on balance we support the rezoning as and by the extensive process the panel went through. recommended by the panel. In doing so we have However, we do agree that there is a deficiency in the considered the panel, but we have also exercised government’s policy approach to this matter. We know independent review and judgement. We have not, as that this facility is one of three new facilities that are Mrs Peulich has suggested, adopted a slavish adherence being proposed and that the other two are quite to the panel. We believe it is appropriate to recognise progressed — namely, the Renex Group facility in that every decision and every planning scheme Dandenong South and the Innova Soil Technology site amendment is important; every planning scheme at Altona. What we are seeing is a mushrooming of amendment matters because it makes a difference to the these facilities, but we are seeing that occurring in a lives of Victorians. And as a Parliament we ought not vacuum of political leadership; there is no framework abrogate our responsibility by saying that there was a or policy context. We are concerned that in those areas, process and that is all we need to consider. and indeed in others that may emerge, these same issues that have concerned the community in Lyndhurst Mrs Peulich — Due process — a fully consultative will arise. process. It is incumbent on the government to act and to set out Mr TEE — Due process. We are elected to make the standards and the framework when deciding where decisions; we are not elected to hand over our this waste can be disposed of in Victoria. We do not responsibilities to a panel or indeed a duly constituted think it is appropriate that the government simply puts process. That is not why the voters of Victoria have put its head in the sand. We do not think it is appropriate us here. They have put us here to represent them, not to that it vacates the field and simply says, ‘We are slavishly implement the outcomes of a process. As I providing a solution’. It is not; all it is doing is allowing said, on the issue of the rezoning I do not know that an ad hoc approach that does not give the community, there is that much between the parties in the chamber the councils or the proponents of these facilities any today. clarity, certainty or comfort. These are very serious I want to turn to the class A facility, which is not an issues that ought to be approached in a very considered issue that this Parliament has jurisdiction over but it is manner by the government. Its silence on this issue important because it has generated considerable borders on neglect. community concern. The planning permit this minister The government’s silence must also be seen as a sign has approved will mean that for the first time category that we can anticipate an increased demand for facilities A waste — the worst of the worst — will be delivered of this type. We know there is increasing demand for to this site. For the first time up to 60 000 tonnes a year inner urban renewal, and sites where historically a of class A waste will be trucked onto the site. For the considerable amount of toxic waste has spilt into the
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Wednesday, 28 March 2012 COUNCIL 1737 soil are now being eyed off by developers and by the concerns expressed by Ms Hartland, but we will not community for housing and development. This is a support the disallowance motion. longstanding issue, but it is also an emerging issue. It will continue to gather momentum, and therefore we Mr O’BRIEN (Western Victoria) — I congratulate urge the government to ensure that it has the Mrs Peulich on her extensive and comprehensive appropriate policy settings in place. We urge it, as part contribution, and I thank her for that. It was in stark of developing those policy settings, to make sure it sets contrast to the most recent contribution, in which out clear parameters and engages with the community. Mr Tee spoke for a reasonable time but said very little. Mrs Peulich demonstrated her longstanding interest and As I said, I urge the government to take responsibility involvement in her electorate and in matters involving and to provide some guidance and the necessary tools. the City of Casey and the City of Greater Dandenong, There is an absence of information in terms of projected plus her particular interest and involvement in landfill demand. There is an absence of support and guidance issues generally and especially on this site. for decision-makers like councils that will increasingly have to grapple with these issues. There is a complete The government does oppose the motion. It is rare that lack of support and information for communities, which a revocation motion is brought before the house. We do are rightfully very concerned about the impact that not believe, for the reasons well articulated by these sorts of facilities will have on them. Mrs Peulich, it is appropriate that this amendment be the subject of a revocation motion, let alone that the I note that the push towards inner urban development in motion be accepted by the house. We accept that the Melbourne presents a number of challenges for the opposition and the Greens have every right to bring government. As well as the removal of soil affected by whatever motions they like, including motions to toxic waste, there is also the challenge of development revoke planning scheme amendments, but there does near major hazard facilities. In relation to major hazard not appear to have been any lack of due process in this facilities, I note that the Minister for Planning has matter. It is a difficult issue; there is no doubt about admitted in writing that there is a lack of policy and that. In terms of the minister’s dual role as both a guidance as to where development should occur and the responsible authority and a planning authority, and in appropriate buffers for development alongside major terms of accepting the recommendations of the panel hazard facilities. In one sense the government at least and following on the process that commenced under the acknowledges the issue of development near major former government in relation to the preparation of the hazard facilities, but, as we have seen with this minister amendment, there is no example of sham consultation time and again, the fact that he might acknowledge or other lack of due process that might be the subject of something does not mean he will act. a successful revocation motion.
While I impress upon the government the need to work In relation to the issues before the panel, I think they quickly to come up with a framework for the way we have been well articulated by Mrs Peulich, and I do not deal with contaminated soil, I also acknowledge this need to go into them in detail. A concept that seemed to minister’s track record of being inactive on issues like be suggested by Mr Tee’s contribution is that it is the this, which are very important. I urge him to lift his right of Parliament to review every planning decision work rate, because these issues are just too important to because every planning decision is important. We be left in abeyance. accept that every planning decision is important, but the Victorian Parliament simply cannot be involved in I conclude by saying that while we acknowledge the every single one. Whilst important ones can be brought issues that Ms Hartland has raised and we share a in as the subject of a motion, it is not appropriate to number of her concerns, when we consider what is suggest that the Parliament should become a forum for before this house — and what is before this house is the the consideration of detailed planning decisions — rezoning rather than the planning application — we are, which is what happened in relation to the Gunns on balance, supportive of the rezoning to industrial. We decision, when the Tasmanian Parliament in effect think that is a more appropriate zoning and is more turned itself into a planning authority, adding much reflective of current land use on the site and in the area. difficulty to its procedures. That is the sort of It does not make much sense to us to have a zoning of short-sightedness — it is easy to say but very difficult farmland on land which is clearly not farmland or and complicated in its actual application — that shows where that zoning is inconsistent with the land use of up the lack of a planning strategy from the other side. the site and inconsistent with the way the site has been used since 1990. We share some of the sentiments and Mr Tee said something very important about this in his contribution. He could not quite bring himself at the
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1738 COUNCIL Wednesday, 28 March 2012 start to say he supported the decision of the minister. He growth boundary issues in growth areas. This is in indicated a number of times that he supported the contrast to the Labor policy with its lack of probity and planning panel’s view about the rezoning, but he could transparency. not quite get the words out to say he supported the decision of the minister. We have established a housing affordability unit and a peri-urban councils unit in the Department of Planning Mr Tee — That is true. and Community Development. We are undertaking a livability audit of Melbourne as part of the development Mr O’BRIEN — He has accepted that that is true, of the new metropolitan strategy. We are removing the because he does not like to do anything but criticise planning exemptions for packaged liquor stores, from the sidelines. Then he used these magic words, abolishing Labor’s undemocratic development which I wish to pick up on. He said that he considered assessment committees, fast-tracking planning for the the minister’s actions to demonstrate a vacuum of vitally important Portland hospital helipad and moving political leadership, and there was no policy and no to protect Victoria’s heritage assets. This is in contrast policy context. I thought for a moment that I was to the actions of the Labor government and the former listening to a debate on the actions of the former minister, who vacated the field with a lack of policy Minister for Planning and the former government, and political leadership and did not even take a which went to the 2010 election with no planning planning policy to the last election. policy at all. Let that be said: it had no planning policy. It vacated the field, to use Mr Tee’s words. It was an I would like to pick up on one aspect of Ms Hartland’s extraordinarily accurate description about the conduct contribution in which she cited Mr Stuart Morris, QC, a of the former Labor government and its four planning well-respected former Supreme Court judge who is ministers, but particularly its ultimate planning now again a member of the bar. He emphasised the minister, who did not bring a planning policy to the importance of long-term planning, which Ms Hartland election on this issue or any other issue relevant to mentioned in her contribution. This government agrees Victoria’s long-term planning needs. on the importance of long-term planning. However, those opposite vacated the field after the last election, By contrast, Mr Tee then accused the present planning and over the 11 years that they were in government minister of failing to take action in relation to planning they did not take action in relation to the policies that issues in Victoria. That is an extraordinary allegation Mr Tee now calls for. To take such a churlish position against the minister. It is contrary to many other not only smacks of hypocrisy but is outright ludicrous. allegations that have been made by the shadow minister We will rely any day on the record of our Minister for about the genuine activity of this industrious minister, Planning, Mr Guy, over the records of any or all of the who is well across his portfolio and who has delivered four planning ministers under the previous government and implemented a range of policies on behalf of the put together. government — policies which were taken to the election by the coalition. The minister has also dealt I turn briefly to the specific issues concerning the with other issues that have arisen since the election. I Lyndhurst soil processing facility. The issue has been will cite a couple of them to demonstrate the well summarised by other speakers, but I remind the spuriousness of such a claim from the shadow minister. house that the decision was taken by this Minister for Planning on 22 December 2011 when the minister The government has instigated the regional planning approved amendment C125 to the Greater Dandenong flying squad to assist rural councils with complex planning scheme to rezone the Taylors Road landfill planning issues. We have implemented wind farm site from a farm zone to an industrial 1 zone. The policies to give certainty and fairness to the community. amendment was prepared by the former Minister for We have removed Labor’s policy of putting high-rise Planning. The rezoning was undertaken to better reflect development along tramlines. We are on track to the land’s use as a landfill site and to grant a planning release 50 000 housing lots in Melbourne’s growth permit for buildings and works associated with a soil areas to improve housing affordability. We have processing facility. The facility reduces contaminant reformed the growth areas infrastructure contribution to concentrations prior to reuse or placement as prescribed make it fairer and to provide local infrastructure earlier. industrial waste contaminated soils in the landfill and is We have also established a new urban renewal consistent with the state policy of encouraging urban authority which places Victoria in a position to renewal. The approval provides opportunities for sites undertake major urban renewal projects in Melbourne undergoing development to transfer contaminated soil and regional Victoria. We have established a off site to be treated, reducing delays to development transparent logical inclusions process to look at urban caused by treating soil on site.
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As I said earlier in relation to the decision, the other speakers on this motion spoke about the concerns combined permit and amendment implements the I raised regarding the health and safety of residents who objectives of planning in Victoria by protecting the live near this site. We have seen other sites that have state’s significant land use. The Taylors Road site leaked; we have seen other sites that have caused houses the state’s only facility licensed to accept damage to local communities. While I am not saying category B waste and enables the provision of benefit to that this is one of those sites at this stage, will it be one the wider community. The operations on the Taylors of those sites in the future, considering the record in Road site are encouraged to meet all applicable relation to toxic tips across the state? I do not think environmental standards. This facility is vital in there has been any guarantee that this site will not enabling efficient redevelopment of infill sites around become a hazard for local communities. metropolitan Melbourne and Victoria. The minister provided further answers to questions on this issue as Health studies involve vexed issues. I am aware of they were raised in question time yesterday. The health studies that have been done in relation to the absence of a licensed facility would require on-site Lyndhurst tip and the Tullamarine tip. A major flaw of treatment of all contaminated soil, resulting in delays to these studies is that they do not take into consideration development throughout Victoria. As such, the site is of the many people who may have lived near sites for 10, state significance. 15, 20 or 25 years but have then moved away from those sites. This is a major problem. Often these studies The background to the site has been well summarised are not done on the right groups. by Mrs Peulich, and I do not necessarily want to go into any detail except to put on record again that the City of I have had contact with the Tullamarine group, and I Greater Dandenong was opposed to the application for have been at meetings with both those organisations. I a planning permit and the amendment and appeared at think Mrs Peulich should have checked with the the panel. The main concern of the council related to Residents Against Toxic Waste in the South East, the ongoing use of the land as a landfill site and the known as RATWISE, before saying I have had no community expectation that the landfill would cease contact with the community. I have had contact with operation within a 10-to-20-year time frame. A permit representatives from Casey City Council and Greater condition now addresses this issue. That is, effectively, Dandenong City Council, with whom I have spoken an instance of long-term planning in relation to this site. about this issue. I have received emails about this issue, The amendment will not change the core role of the and I have made phone calls to the councils on this landfill but rather enhance it by allowing resource issue. I am not sure why Mrs Peulich was not recovery activities to take place on the subject land to contacted, but I certainly was. service the region into the future in line with state policy. I agree that this is an incredibly complex issue; it is not an easy issue to deal with. The reason I moved this In confirming the government’s opposition to the motion today was definitely because we do not have a motion I indicate that we on this side of the chamber statewide way of dealing with these issues. We are understand Ms Hartland’s genuine concerns in relation going to need more and more soil remediation over the to certain landfill issues. They are genuine concerns, next 10 to 15 years to deal with a number of inner but they are concerns that are shared by the government suburban sites that are contaminated. We need to be and have been well considered by the panel, the able to build housing on those sites. We need to look at Environment Protection Authority and the minister, the technology that is being cited by these companies who has taken another timely decision and is that can be used on site rather than trucking material continuing to fill the vacuum that was left by the former through residential areas to new facilities. Minister for Planning, who failed to take a planning policy to the election, and by the previous Labor I do not take the step of proposing planning amendment government’s 11 years of failure to do any long-term revocations lightly; this is only the third time I have strategic planning of benefit to Victoria, which left this done so. On one of those occasions, regarding the state lacking infrastructure and in critical need in Barwon Heads bridge, the coalition voted with me. I various areas. This government is working hard to meet say to Mr O’Brien that I do not think I am the only those needs. I oppose the motion in the strongest terms. person who has ever done this. I do not do this lightly; I moved this motion today because there was no other Ms HARTLAND (Western Metropolitan) — I am mechanism for me to talk about the issues and concerns disappointed that there is little support for the of the local community. I believe the local community revocation of amendment C125 from members of this has missed out on being able to raise its concerns. We house. I am extremely disappointed that none of the have to remember that the local community members
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1740 COUNCIL Wednesday, 28 March 2012 are the ones who live near this tip; they are the ones On 1 March Mr Dalla-Riva was asked a quite specific who will have ongoing concerns about their health and question by me. Given that it is a substantive motion, I safety and their children’s health and safety. I am will quote my question from Hansard: extremely disappointed that those concerns have not been taken into account. My question is for the Minister for Employment and Industrial Relations. The Treasurer has announced a $471.5 million withdrawal from the Victorian WorkCover House divided on motion: Authority — — Ayes, 3 Mrs Peulich — On a point of order, Acting Barber, Mr (Teller) Pennicuik, Ms (Teller) President, you were not in the chair at the time, but in Hartland, Ms responding to an earlier motion by Mr Lenders I sought Noes, 36 guidance from the Chair and the clerks, obviously Atkinson, Mr Lenders, Mr through the Chair, about the appropriateness of quoting Broad, Ms Lovell, Ms material from Hansard that had been published within Coote, Mrs Mikakos, Ms the previous six months. I expected that the answer Crozier, Ms O’Brien, Mr would be that if it were part of a contribution on a Dalla-Riva, Mr O’Donohue, Mr motion, it would be an exception. The advice given to Davis, Mr D. Ondarchie, Mr Davis, Mr P. Pakula, Mr me earlier today was that I could not quote directly Drum, Mr Petrovich, Mrs from Hansard because of the six-month rule. I seek that Eideh, Mr Peulich, Mrs in the interests of consistency you make the same Elasmar, Mr Pulford, Ms ruling. Elsbury, Mr Ramsay, Mr (Teller) Finn, Mr Rich-Phillips, Mr Guy, Mr Scheffer, Mr Mr Barber — On the point of order, Acting Hall, Mr Somyurek, Mr President, we have had previous rulings from the Chair Jennings, Mr Tarlamis, Mr (Teller) that that rule does not apply when the material that is Koch, Mr Tee, Mr being quoted is from an answer to a question without Kronberg, Mrs Tierney, Ms notice and so forth. It is only using material in debate Leane, Mr Viney, Mr that would offend the six-month rule. That is to be Motion negatived. found on page 53 of the clerks very handy guide entitled Rulings from the Chair 1979–2008. It is only material in debate that cannot be quoted. WORKSAFE VICTORIA: PREMIUMS Mr LENDERS — On the point of order, Acting Mr LENDERS (Southern Metropolitan) — I move: President, I am happy to paraphrase. I do not need to quote it verbatim, if that assists in avoiding a ruling. That this house takes note of the minister’s answer to a question without notice on 1 March 2012 in relation to WorkCover premiums. The ACTING PRESIDENT (Mr Eideh) — Order! Mr Lenders, to continue. I might add for the historical record that this is the first time that a take-note motion in relation to a question Mr LENDERS — The material issue of the without notice has been moved in my time in the question I asked was in relation to productivity and Legislative Council. specifically about the effect on employment of the government’s policy decision to withdraw Hon. D. M. Davis — There have been many $471.5 million from the Victorian WorkCover threatened. Authority. Legislation would obviously come through this house seeking to give the government the authority Mr LENDERS — That is right, Mr Davis; many to do that. have been threatened. It has been on the notice paper multiple times that the house take note of a minister’s The reason I moved this take-note motion concerns four answer. The reason I am seeking to debate this motion items relating to the response from the minister. As I today is that there was a quite extraordinary answer on said, I have not had a take-note motion debated in this 1 March from the Minister for Employment and house during my time in this house or in the other Industrial Relations in response to a question and a place — in 12 years in Parliament. I will keep it as supplementary question from me. I will be fairly specific as possible to the four items in the minister’s succinct, because I know that a number of members answer that I would like the house to take note of. wish to speak on this motion.
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The first point is that the immediate response of the The second thing about this was that the minister used minister, on being asked what I thought was a serious the statistics very strangely. He just quoted a statistic, question about the effect on WorkCover of with no effort to explain it, debate it, qualify it or put it $471.5 million being taken from it, was simply to in context. Then he started reading from a cue card. It is swagger and to start sledging the opposition. The first absolutely evident to anyone who reads the answer of thing the minister did was attack the opposition because the minister that the first two paragraphs are actually his the day before I had asked the minister a question about own words — and I congratulate him on that. In the government expenses. I accept that Parliament is a third paragraph it is clear that he was reading from a fairly robust place, but if the first response to a serious cue card. question about the WorkCover authority is to attack an opposition member on what they asked the previous If members go to the third paragraph, which again I will day, that is a very poor execution by a minister of what not quote, they will see that it is clearly something that he is expected to do as a minister. was written by a minder, a policy adviser — or the minister himself — in very different language from The second item I take some exception to is that the what he uses in the Parliament. We had this quite minister started to just go on about how good Victoria’s technical explanation, and then he looked up and said employment statistics are. He was asked a specific ‘dare I say the word, productive’ — so he actually question about the effect of the government’s decision adlibbed four or five words in the middle of reading on productivity and employment, and straightaway we from a cue card which had quite technical language, not got an answer about manufacturing employment. I written by that particular minister. might add that if members want to get pedantic about figures, they will note that on the same day as this we The points I make in taking note of this answer are, saw figures from the Australian Bureau of Statistics firstly, that the minister tried to avoid the showing that unemployment in regional Victoria had responsibilities of his oath of office and answering gone up by half during the stewardship of this questions in the Parliament by attacking the opposition government. on what was asked the day before. The second point is that he started to quote statistics completely out of As a person who over the years has answered many context, just throwing them in because he had them. questions on employment numbers, the one thing I The third point is that he then quite evidently read from would say is that I have never known a minister to ever a cue card while interjecting a word or two of his own. not qualify the numbers, to say numbers go up and The fourth point is that he then went on what I will call down, try to make a bit of a commentary on the by a technical term, a ‘rant’, on the carbon tax. statistics or to say that trends are going one way or the other. I have probably never heard a minister so I accept that he is not the minister responsible for the shamelessly quote a single figure on employment WorkCover authority. The Assistant Treasurer has that numbers that was taken out of context. Again, this is responsibility in this place. The context was a debate not a motion condemning a minister; it is noting the for some days about productivity and what it meant, extraordinary response of grabbing one aspect of ABS and he was actually asked a question about taking figures and not putting that into context. That is the $471.5 million out of the WorkCover authority and comment I make on this point. what effect it would have on productivity and employment. Turning to the supplementary question The third point I make on this take-note motion is that and his answer to the supplementary question — and the minister said we need to boost productivity. This is there is a lot of material there — he totally ignored it, one of the issues I take an extreme note of in relation to and pretended it did not happen. The supplementary this particular minister. It might be difficult to pick the question brings to his attention six cuts to the exact paragraph, but if members go to about the third WorkCover authority premium rate, which is what paragraph of the minister’s answer, I make the material happened under the previous government. It refers to point that that was a scripted answer read from a cue the returns in benefit improvements and that the card. As he often does when he is responding to a authority was in the black. In the middle of all of that question, the first thing the minister did was sledge the his response was that it has got nothing to do with opposition for daring to ask a question and give us anything and that we should blame it on the carbon tax. direction on what we should have asked the previous day. Without repeating the debate of this morning, I I will not go on for long, because I know other make that point. members wish to speak on this take-note motion and it is late in the day. A minister is asked a question about an issue in Parliament and his response is fairly typical
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1742 COUNCIL Wednesday, 28 March 2012 of this minister generally to questions. I am not in the Mr P. DAVIS — I am always pleased to say that I business of trying to praise Mr David Davis in this always support the leader. Having said in my preamble chamber, or any of the other four ministers of this that I am disappointed about the motion led by the government in this place, but most ministers will at Leader of the Opposition, I want to make a specific least argue in a political way; they will try to get back point about the minister’s reply in relation to the with the facts and make their political points, and they original question, and for the record it is probably will refer to the previous government. But what we useful to read the original question. The original have from this minister is not even an attempt to give question from Mr Lenders to the Minister for the Parliament an answer. Employment and Industrial Relations was:
I make four points. Firstly, he critiques questions asked The Treasurer has announced a $471.5 million withdrawal by the opposition the day before. Secondly, he throws from the Victorian WorkCover Authority, hence reducing the authority’s ability to cut premiums. Given the minister’s some statistics out. Thirdly, he reads from a cue card strong views on productivity and employment, what impact and then half-way through the cue card makes a will these foregone cuts have on employment and commentary on his own material. Fourthly, he has a productivity in Victoria? rant on the carbon tax. What the carbon tax has to do with a decision made by the state government to take a The response from the Minister for Employment and $471.5 million dividend or capital draw-down — Industrial Relations was quite clear, and I quote: whichever term you wish to use to describe it — out of In terms of the specific question about WorkCover, that falls the WorkCover authority absolutely baffles me. This within the responsibility of the Assistant Treasurer, was an extraordinary answer from a minister. It is no Mr Rich-Phillips. wonder that for the first time in my life in this Parliament a take-note motion has been put on the That accords entirely with the Leader of the agenda and actually debated, because it was one out of Opposition’s own concluding remarks that when the the box. It is worth a commentary that that is not what proposed legislation comes to this house he will ask the one would expect from a minister of the Crown on a Assistant Treasurer particular questions. I congratulate serious issue, of a $471.5 million draw-down from the him on acknowledging at the end of his contribution WorkCover authority. I flag that when the bill comes to that that is the case, but I wish to go to something quite the house we will be asking questions of the Assistant particular, which is the procedures of this place. Treasurer to try to get some more answers on this The procedures of the Legislative Council are matter, rather than the very feeble response we got from determined by standing orders, as the Leader of the the Minister for Employment and Industrial Relations. Opposition knows full well, because he held the quill to Mr P. DAVIS (Eastern Victoria) — The the parchment and drafted these standing orders, which penultimate comment by the former Treasurer, now were adopted in 2010. He drove their adoption so he Leader of the Opposition, distilled the whole debate and would know about standing order 8.01, which is headed saved me an enormous amount of time, because ‘Questions to ministers or other members’: Mr Lenders acknowledged full well that his original (1) Questions may be put to — question was entirely misdirected. I am stunned that Mr Lenders would glorify his precedent-setting speech (a) Ministers of the Crown relating to public affairs for today in this framework, suggesting that this motion is which the minister is directly connected, or has responsibility when representing a minister from somehow special because he has chosen to lead a the Assembly, or to any matter of administration debate on it. for which the minister is responsible …
Hon. D. M. Davis — A legend in his own Mr Lenders interjected. lunchtime. Mr P. DAVIS — The Leader of the Opposition, out Mr P. DAVIS — The interjection from the Leader of his place, seeks to interject, so I will not take up his of the Government that Mr Lenders may indeed be a interjection. I will ignore it entirely, but I do note that legend in his own lunchtime — and we want to know the question which I just cited for the record is to do how much he paid for it — is a very apposite with a matter — that is, the WorkCover authority — interjection. which is clearly in the purview of the Assistant Treasurer. Indeed it was stated in the concluding Mr Lenders — It is nice you are supporting him for remarks of the Leader of the Opposition in his a change. contribution to this debate — as a matter of fact, he acknowledged it to be so — that the Assistant Treasurer
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Wednesday, 28 March 2012 COUNCIL 1743 is the only person responsible for the WorkCover to conclusions about collective decision making for the authority as determined under the general orders. purpose of the administration of certain acts, those acts are delegated by the Premier under the general order, We know that the general orders show quite clearly and clearly the Accident Compensation (WorkCover what the ministerial responsibilities are. I am sure the Insurance) Act 1993 is not an act for which Leader of the Opposition is fully aware and cognisant Mr Dalla-Riva has responsibility. of the general orders. I would invite him to think further about standing order 8.02 headed ‘Rules relating to In my view, in the circumstances the minister gave questions’. I notice that he has so little interest in this entirely the right response, which was to suggest to the matter that he is determined to leave the chamber. Leader of the Opposition that he ask a similar question Standing order 8.02(1) states quite clearly that of the Assistant Treasurer. I can round out my ‘Questions should not contain … hypothetical matter’. contribution by saying if there was any doubt at all about that position, it was absolutely confirmed in the I put it to the house that the general preamble to this concluding remarks of the Leader of the Opposition, in debate on the question that was asked on Thursday, which he acknowledged that when the WorkCover 1 March, invited commentary around hypothetical amendment bill comes into this place he will be asking matters. Quite clearly the purpose of members asking questions of the Assistant Treasurer. I congratulate him questions without notice is to elicit information for the for concluding on that note, because it saved us all a benefit of the house and for the proper conduct of great deal of time. business of this Parliament. Ms PENNICUIK (Southern Metropolitan) — This I note further that under ‘Rules relating to questions’ is an interesting matter that Mr Lenders has raised. It is standing order 8.02(2) states that ‘Questions should not interesting that, as Mr Philip Davis has mentioned, ask for …an expression of opinion’. If ever there was a Mr Lenders addressed this question to the Minister for question put to a minister in this place that sought an Employment and Industrial Relations. In Mr Lenders’s expression of opinion, I suggest it is the question that defence, I would agree with him that he was asking the the honourable member — — question in relation to the impact that the $471.5 billion withdrawal from WorkCover authority would have on Mr Lenders — I am not honourable. employment and productivity in Victoria. In defence of Mr P. DAVIS — If Mr Lenders chooses to advise the minister, the particular slant of the question was the house he is not honourable, one can interpret that in probably directed to the correct minister in that respect, a number of ways. I would suggest that, according to even though the Assistant Treasurer in this place would my value system, Mr Lenders is an honourable have responsibility for answering the question. I think member. The point is that this question contradicts the the right question is: why is the government proceeding provisions under the rules relating to questions in that it with the withdrawal of $471.5 million from the is seeking an expression of opinion. In my mind it WorkCover authority, because that is the seminal could well have been within the jurisdiction of the question in this matter? Chair to have ruled that question out of order on that I do not agree with Mr Davis that Mr Lenders was occasion. However, as a robust forum, question time is asking for an opinion, because I would have thought operated on a pretty long rein, which I think is the that the minister should have a position on whether the agricultural term. withdrawal of those funds would have an impact on It was probably not a bad call to let it go and allow the employment and productivity. On the other hand I minister to answer the question in any manner in which would say that that is not the real issue with the he felt entitled to answer it, because that is the question either, because I would not suggest that precedent and procedure in this place — that ministers particular amount of money would have much of an are not obliged to answer a question the way a member impact on employment and productivity across the state would seek to have them answer it. Indeed I know it is of Victoria. However, the withdrawal of that amount of very frustrating for members of the opposition to have money from the WorkCover authority will have an ministers not answer questions entirely in the manner in impact on workers in terms of their views as to what which the opposition members would seek answers to that money is meant for. The money is derived from be given. Of course ministers have very specific premiums paid by employers by way of insurance, and responsibilities and they are inevitably under pressure the primary use of that money is to compensate workers from their peers not to transgress their portfolio who have been injured at work or made ill at work. obligations. While there is a cabinet process that leads That is the prime reason for having a workers
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1744 COUNCIL Wednesday, 28 March 2012 compensation system — the no. 1, the no. 2 and the By the time we get to 2015 that figure will have no. 3 reasons. increased to three-quarters of a billion dollars spent by the state of Victoria on the grand prix. So lots of Prior to having a workers compensation system, savings could be made without raiding the WorkCover workers were injured at work and did not get fund. compensated. Unless they could be cared for in hospitals or under medical insurance they lost not only I was quite astonished to read an article in the Age, their ability to work, having been injured, but they also written by Clay Lucas last year when this was lost income. Even today there are restrictions that announced, which states: remain in the workers compensation system, such that those workers who have been most badly injured or A spokeswoman for the Treasurer — made most ill from their work can have their Kim Wells — WorkCover benefits removed after 52 weeks. said the authority was well-run and well-placed financially. I raised this issue during the last Parliament when we had a very lengthy debate on the workers compensation The spokeswoman was quoted as saying that the changes. At that time the previous government had had authority’s: a record of returning $50 million worth of premiums to … accumulated financial position represents the combined employers every year for five years — the years for outcome of many years of premium payments, not just those which we could get figures out of the then Treasurer. made by current employers’ … Coincidentally the then Treasurer is now the Leader of the Opposition in the Council, and it was he who asked It was therefore appropriate that the broader Victorian community benefited from the authority’s strong financial the question that is the subject of this take-note motion. performance … I had a bit of trouble at the time getting that figure from the Treasurer during the committee stage of that debate. That is just an amazing statement. That is not what the Suffice to say that any of the surplus that was available money is paid for by employers — paid for according then was going back to employers and not to workers. to the degree of risk those employers pose to workers in Any surplus should be going to increase benefits for terms of their safety record and the hazardous nature of workers and to run occupational health and safety the work their workers engage in, which is how campaigns through WorkSafe to make workplaces safer premiums are set. and ultimately reduce the number of injuries and illnesses that workers suffer. It is interesting that Mr Lenders began the supplementary question he asked of Mr Dalla-Riva on The real question we should be looking at here is: why the day in question, 1 March, by saying: is the government embarking on this process of removing money from the WorkCover pool, which is During the last 12 years 75 per cent of the profit — if that is the correct word — there to compensate workers? It has never been done before in Victoria. As far as I am aware, it has never it is not profit, is it? They are accumulated WorkCover been done anywhere else. It is not the government’s funds — money to remove from the WorkCover authority pool. It is workers compensation money, and it should not be out of WorkCover has been returned in premium cuts and put into general revenue, from where it will dissipate, 25 per cent has been returned in benefit improvements. spent on who knows what. If I had my way it would be the other way round, with 75 per cent going to workers benefits improvements, The government says it needs this money for the particularly given the situation that still applies in budget. That is a matter of priorities. As my colleague Victoria as a result of previous amendments made to Mr Barber always says, what you pay for in the budget the workers compensation scheme legislation that made and how you get the money are matters of priorities. it harder for workers to claim for stress at work. That We have other things going on that are costing a lot of was done under the previous government, and it could money, such as 940 PSOs (protective services officers) be improved. It is very difficult for workers to get being stationed across the railway system completely compensation for chronic, long-term illnesses. There unnecessarily, which is going to cost $1 billion. If we are therefore many gaps in terms of benefits to workers were to discontinue that project, we would save in the workers compensation scheme. That should be $1 billion. It is interesting that $471 million is nearly turned around. half-a-billion dollars, which is what Victoria has spent so far staging the Australian Formula One Grand Prix.
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Until we have full benefits for workers we should not The challenges facing the Victorian economy need a be returning premiums to employers, who bear the response from this government. In terms of the context responsibility for providing a safe workplace. That is in which this motion is being debated today, I will cite a the issue we have in front of us. Members of the couple of recent media reports. In the Australian government should change their minds, and the Financial Review of 10 March Mr Steven Wojtkiw, the government should not proceed with taking the money spokesman for the Victorian Employers Chamber of from the WorkCover authority. It is a very dangerous Commerce and Industry, said VECCI is closely precedent to set. The money is not there to be put into watching state and federal governments to ensure that general revenue to be spent on something else. It is things are not made worse. The article indicates that the there to benefit injured workers. That is its primary extent of job losses across New South Wales and purpose, and the government should leave it alone. That Victoria is worse than reported, with a great deal of is the real issue that should be discussed here today in underreporting in the data and employers dropping out relation to this matter. of the workforce and bosses winding back hours in the country’s most populous states. In Victoria we know, Ms PULFORD (Western Victoria) — I wish to join from talking to people in our electorates, that this is a the debate on Mr Lenders’s motion to take note of the very real experience. extraordinary answer given by the Minister for Employment and Industrial Relations to a The employer organisations are consistent on this. In straightforward question about costs on business and September 2011 VECCI chief executive Mark Stone the impact they have on employment. Mr Philip Davis said in a media release: tried to put up an argument or two in defence of the minister’s answer, but the opposition feels that the Congratulations are due to the Victorian government and WorkSafe for achieving the lowest premium rate in Victoria, enormous gulf between the question and the answer on at 1.33 per cent … this occasion, on 1 March, necessitates our bringing this debate on. Nothing in Mr Davis’s contribution On that occasion Mr Stone also said: convinced me otherwise. Given the strong surplus, there is room for some premium Searching back to the start of the 55th Parliament, there relief — we would encourage the Victorian government to look at reducing premiums for business. are no examples of a take-note motion being debated in relation to a question without notice. As other speakers … have indicated, this is not something we undertake A premium cut will provide a welcome cost reduction to lightly; however, the answer to the question from these businesses … Mr Dalla-Riva is something he made light work of. It was the usual spray about the carbon tax, which is his On 15 December VECCI again indicated that it would answer to every question, and he made an attempt at the welcome greater consistency in the treatment of outset to try to pass to the Assistant Treasurer, WorkCover in terms of state government dividend Mr Rich-Phillips, the question about employment costs policy and that it should not endanger Victoria’s low and the impact on employment. This is a common WorkCover premiums. Again the business community tactic that we see from this minister. In response to a is urging the government to provide an environment question only today about jobs in Portland at Keppel where business costs are predictable, manageable and Prince Engineering in my electorate, he again tried to low. VECCI released publicly only yesterday its 2012 deflect responsibility to one of his colleagues. It is a state budget submission, and again the familiar refrain disturbing pattern because it undermines our ability to about government doing what it can to reduce costs to hold this minister to account. businesses is unsurprisingly a key feature of its submission. Of course there are challenges facing the Victorian economy. The Treasurer, Kim Wells, has indicated that Action is required. Tim Piper from the Australian the government has a jobs target of between 50 000 and Industry Group was quoted as saying in the Herald Sun 55 000 jobs a year. He indicated that last year. of 9 March: However, in youth employment, the construction industry and renewable energy, for example, based on We are looking for action from the state government to make sure manufacturers have a future and jobs are saved. answers from the Minister for Employment and Industrial Relations only today, this minister seems There is concern in the business community about this hell-bent on avoiding his responsibilities. move. This is a remarkable thing the government is doing, and it would be nice if the Minister for Employment and Industrial Relations were able to
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1746 COUNCIL Wednesday, 28 March 2012 indicate to the house what the government expects the The deterioration was largely driven by the actuaries’ impact of this cash grab from WorkCover to be on recognition of increased lodgements of common-law claims, particularly those at the lower end of the serious injury employment and employers. Employers are concerned spectrum. about it, and anyone in this place who has sat at a round table with business community leaders or Should this trend continue, the actuaries have indicated representatives of large organisations, medium strongly that there will be further increases in liabilities in future valuations. organisations or indeed very small organisations with perhaps a handful of employees knows the commonly The financial figures are included in that media release, expressed concerns about WorkCover premiums, and the funding ratio in the reporting period is 97 per payroll tax and other costs associated with employment. cent. To suggest that this is a conservative measure, an Those are the priorities frequently expressed to us as easy way to find $500 million with which to make members of Parliament, articulated by employers those government choices, is to make light of the through peak bodies and at every other opportunity — seriousness of this measure. This measure is at functions and meetings, through the media and in any unprecedented and requires legislation in Parliament to number of other places. enable it to occur.
The government has indicated that it needs to balance Ms Pennicuik made some remarks about the costs to the budget. I note Ms Pennicuik’s comments earlier business and the $471 million dividend. Ms Pennicuik about government and budget balancing being about suggested that she thought there was a great deal of choices. It is a lazy position for the government to strip capacity in the system to increase benefits to injured the Victorian WorkCover Authority of almost workers and perhaps also to reduce costs to businesses. $500 million, and the business community is Again I cite an article in the Herald Sun of 14 March in concerned. In addition to the uncertainty around the which spokesman and workplace law expert John Cain, funding basis for the Victorian WorkCover Authority, from Maurice Blackburn Lawyers, described the the government has also asked the Essential Services dividend as a backdoor tax. We also know that what is Commission to undertake a review of the WorkCover clear to practitioners in this field is that while the authority and the Transport Accident Commission government says there is nothing to look at here, there (TAC). This has the potential for serious ramifications is plenty of capacity in the system to maintain in my electorate. The Geelong Advertiser reported on premiums, maintain benefits and pull out a lazy 14 March that the Premier was refusing to guarantee the $500 million. 800 jobs at TAC in Geelong in the event of a merger of the two organisations. What is clear to practitioners is that the squeeze is on, and that many long-term, serious injury benefit The challenges facing the Victorian economy are well recipients are experiencing a renewed and vigorous known, and the Minister for Employment and Industrial reopening of claims. That includes people who have Relations has a lot of work to do. Input costs to had their entitlements established through court business are of course an incredibly important part of proceedings and settlements many years ago. I am told the equation. of notices being issued to long-term WorkCover recipients who have had their permanent and serious I will make some brief comments about the incapacity established in the courts. The notices are performance of WorkSafe. As earlier speakers outrageous, such that some of them even say, ‘We do indicated, the former Labor government was able to not think that your injury is work-related’. There is a bit manage improvements to benefits for injured workers going on in WorkCover in Victoria at the moment, and and successive premium reductions over many years. the government is making light of these matters. WorkSafe chief executive Greg Tweedly has a number of comments attributed to him in WorkSafe’s media There are serious concerns held by the business release of 8 March. He indicates a new record low rate community about the impact this will have in the longer of injury in the reporting period, which is welcome term on people who have been adversely affected, news for all of us. A $10 million actuarial release is horrifically affected in some cases, by injury or illness detailed in that statement, and Mr Tweedly himself said that has arisen through the course of their employment. in the media release: We have a minister who is reluctant to answer questions at the best of times on anything in his area of This is a strong result for the community and reflects the ongoing efforts by employers and workers across the state; responsibility. A $471 million backdoor tax on however, this positive outcome masked a further deterioration employers is highly likely to have an impact on in common-law liabilities, which rose from $2.1 billion to employment in Victoria, and that is what Mr Lenders’s $2.4 billion.
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Wednesday, 28 March 2012 COUNCIL 1747 question was about. Mr Dalla-Riva was either unable to If the attack is that Minister Dalla-Riva has pointed to answer or refused to answer. the impact of the carbon tax on manufacturing, the impact of the carbon tax on the Victorian economy, the Labor demonstrated that it is possible to run a scheme impact of the carbon tax on employment, then I am sure that is highly competitive compared to other states, but he stands condemned for that act. But he is protecting also to support injured workers while doing so. Every the Victorian economy, protecting manufacturing and member in this place knows that a sustainable protecting jobs in Victoria by standing up against Prime WorkCover scheme is something that employees and Minister Julia Gillard’s carbon tax. When one talks to employers value. Victoria has an advantage with its the business community across this state it is concerned comparatively low premium rates. When about the impact of the carbon tax in Victoria. Mr Dalla-Riva evaded answering Mr Lenders’s Mr Dalla-Riva, in a number of his responses, has very question on this very important subject, he properly, as minister responsible for manufacturing and demonstrated very clearly a lack of understanding about employment, made clear points about the impact of the input costs to businesses, which are a key driver of carbon tax on Victoria and how it is going to employment, and proved yet again that he is not up to disadvantage Victoria. the job. The Leader of the Opposition also asserted that Hon. D. M. DAVIS (Minister for Health) — I will Mr Dalla-Riva ranted. It is true that Mr Dalla-Riva be brief, but I begin by saying that this is an entirely became animated when it came to the damage caused to misconceived approach by the opposition. Nobody is the Victorian economy by the carbon tax and other denying the importance of the WorkCover scheme, of similar things. It should not be so surprising that the management of the WorkCover scheme by the Mr Dalla-Riva would become animated and very direct Assistant Treasurer, Mr Rich-Phillips, and the fact that in his response when holding the previous government he will manage that scheme in the interests of the to account for the failings, the cost overruns, the black community, of business and the long-term position of holes and the financial position in which the state was the state. When I say this motion is entirely left. I could go on with the desal plant and a long list, misconceived, I mean that it is in fact a cover for the but I am not going to do that today because I know time failings of the Leader of the Opposition. He has come is short. into this chamber today with a farrago of assertions, mostly unsupported by any significant evidence. It is However, I do intend to make it very clear that Minister clear that this is a misdirected approach by the Leader Dalla-Riva has worked very hard to protect the interests of the Opposition and his team. of Victorian employers, to protect jobs and to protect Victorian manufacturing, and that comes through in his I do not want to reiterate the points made by Mr Philip responses to questions in this chamber. As I said, the Davis earlier. He made the points eloquently about the Leader of the Opposition and his supporters have made entirely reasonable decision of the Minister for a farrago of assertions; nevertheless, no case has been Employment and Industrial Relations, Mr Dalla-Riva, made. The fact that he has brought a novel technique to to direct questions about WorkCover to the minister the chamber with this particular motion is beside the responsible for WorkCover, and he did that by point. It is the substance of what he has brought to the reference to the standing orders. The opposition was not chamber on which he fails. able to satisfactorily answer the points he made. This opposition is struggling for questions, struggling for Debate adjourned on motion of Mr LEANE relevance and struggling for understanding about what (Eastern Metropolitan). happened in the recent state election. Debate adjourned until later this day. The points raised by Mr Lenders failed, in my view, to get to first base. One of his attacks was that the minister was using cue cards, he asserted. What is so unusual or PRODUCTION OF DOCUMENTS new about a minister having notes or material in front of them that would relate to pertinent facts and figures Mr BARBER (Northern Metropolitan) — I move: about their portfolio? If the attack on That this house requires the Leader of the Government to Minister Dalla-Riva is that he has used notes and facts table in the Legislative Council by 12 noon on Tuesday, and figures on a sheet of information in front of him to 17 April 2012, a copy of the Network Revenue Protection reference occasionally, spare me! Plan for the 2012 calendar year, prepared under section 10.1 of the Metlink services agreement.
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This should be an uncontroversial motion. We In relation to my own region I am pleased that the requested the same documents last year and received coalition government is addressing concerns around a them in a timely fashion from the government. I hope number of stations. The Balaclava station upgrade has a the motion will be supported again today. very large concept design. An enormous amount of work, consultation and money has been put into Mr LEANE (Eastern Metropolitan) — The upgrading that station. Balaclava station is on a very opposition supports Mr Barber’s motion calling for busy line, the Sandringham line, and is used by just these documents to be tabled. As he has stated, he over 3000 passengers each weekday. An enormous received those documents last year, so there is no number of people rely on it to travel to the city and reason why he should not receive them this year. other places right across the metropolitan rail system each and every day. The station will have upgraded Ms CROZIER (Southern Metropolitan) — I am security, including improved closed-circuit television. pleased to rise to speak on Mr Barber’s motion. I do so for a number of reasons. The government will not be In conclusion, we will not be opposing Mr Barber’s opposing Mr Barber’s motion, but I would like to make motion, but I reiterate that fare evasion is an issue that a few comments in relation to it. In his motion this government is addressing. Mr Barber is calling for a copy of Network Revenue Protection Plan prepared under section 10.1 of the Motion agreed to. Metlink services agreement. Business interrupted pursuant to resolution of I agree with Mr Barber that fare evasion is a real issue. I Council this day. have been very critical of the numbers of fare evaders I have seen when travelling on public transport. It never ceases to amaze me how many people either do not STATEMENTS ON REPORTS AND PAPERS have a ticket or do not validate their tickets. It is right to be concerned about fare evasion. The government is Auditor-General: Compliance with Building taking that situation seriously. I note that an article in Permits the Age newspaper last year reported a leap in fare evasion from 9.3 per cent in 2009 to 13 per cent in Mr ELASMAR (Northern Metropolitan) — I rise to 2010. speak on the Auditor-General’s report on compliance with building permits. Almost 7 per cent of the state’s I am pleased to say that the coalition government is workforce is reliant on the Victorian building industry. cracking down on public transport fare evaders. The The industry generated over $24 billion in domestic and Minister for Public Transport, Minister Mulder, has commercial building works in 2010–11. These undertaken some extensive work in this area. He buildings in construction works are governed by the released a press release last year highlighting the fare Building Act 1993, the Building Regulations 2006 and evasion statistics from our time in government. The the Building Code of Australia, the objective of which press release gives the specific fare evasion figures for is to ensure that buildings are safe and meet minimum May last year for tram, train and bus and the overall standards. A competitive building permit system was figure of 13.5 per cent. I am pleased that an authority introduced in 1994 as part of a package of reforms like Public Transport Victoria will be much more designed to speed up the building approvals system, customer focused and will be looking at this real issue which up until that time had been administered by local that affects our public transport system. councils.
This is just one of the issues that the Baillieu By 2009–10, under the new system, around 85 per cent government has been addressing. It is addressing a of permits were being issued, worth 93 per cent of the whole range of aspects of public transport. The minister total value of approved building works. The monopoly has been making a number of announcements, previously held by municipal building surveyors on including addressing maintenance backlogs left by the issuing building permits was removed, which opened previous government, looking at improving our the market to private building surveyors, who have to infrastructure and conducting network upgrades. I note be registered and insured to protect the public interests. that this upcoming Easter a huge amount of work is The Building Commission was established as a new going to be undertaken right across the network. statutory authority to oversee building control, Undoubtedly it will have some impact on the public including the competitive building permit system. transport system, but it will have great benefits overall. These reforms of the building permit system were
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Wednesday, 28 March 2012 COUNCIL 1749 introduced to ensure a speedy and efficient process that report cited those implications on modelling which has inherent safety factors built into the system. indicated that even with the commonwealth’s carbon tax in place, meeting the 20 per cent target would However, the report found a distinct pattern of require the Victorian government to spend an additional incompetency, lack of transparency, and lack of $2.2 billion to purchase international offsets. This leadership within the Building Commission. It would seems to be a duplication, and it is probably a pretty appear that confusion reigns. Municipal councils are good finding from the perspective of Victoria’s not diligent in their enforcement of the Building economy. Act 1993 due to their lack of understanding of their own powers and functions in regard to private The findings supported the views of people, including surveyors. Ninety-six per cent of permits examined by the federal Minister for Climate Change, Greg Combet, the Auditor-General did not comply with minimum and the federal Minister for Resources and Energy, statutory building and safety standards. Instead, results Martin Ferguson, who have spoken against the reveal a system marked by inadequate practice, duplication of state and federal emissions targets. In including lack of transparency and accountability for chapter 2.1.3, which is headed ‘State government role decisions made. in adaptation’, it is clear that broad conclusions were drawn about the role of state governments in The audit found the Building Commission cannot adaptation. It states: demonstrate efficiency in instituting or maintaining minimum building and safety standards. There are eight It is generally accepted that the state government will have a detailed recommendations put forward by the stronger role in this area of policy, due to local and regional variations associated with the impacts of climate change. Auditor-General’s office. Let us hope the government implements them all as soon as possible, in particular Local initiative and private responsibility will be the keys to paragraph 6 of recommendation 1 and successfully adapting to the impacts of climate change. recommendation 6. The last two paragraphs of I would be very comfortable saying that with a recommendation 1 state: ground-up approach there is much to be achieved. It has develop and implement a strategy, in consultation with the been unfortunate that the whole conversation around a local government sector, to enable more effective carbon tax has actually taken away the impetus for coordination with councils to monitor the performance of the many of the practical solutions that communities are building permit system and of building surveyors; interested in. It has actually stolen the oxygen from the clarify councils’ responsibilities for monitoring and enforcing issue of environment because people are very the Building Act 1993 relating to private building surveyors concerned about the cost implications, and rightly so, of in consultation with the Department of Planning and this tax, which seems to be more about a cash grab than Community Development and relevant stakeholders. actually providing environmental solutions. Recommendation 6 states: As part of another piece of reading, I would like to The Building Commission should strengthen its complaints speak about a report that was also released yesterday, handling and investigation processes … Report on Climate Change and Greenhouse Gas Emissions in Victoria. It dovetails quite comfortably In conclusion, the building permit industry appears to into the other report I have been speaking about. It talks be in crisis and it needs to be fixed as a matter of about Victoria’s carbon profile and contains some urgency. I support the Auditor-General’s interesting statistics. It says carbon stock on Victorian recommendations, and I hope, along with the rest of us, public land remained fairly stable between 1950 and the implementation of his recommendations occurs 2010 without any significant variations as a result of sooner rather than later. major bushfire events in 1983, 2003, 2006–07 and Review of Climate Change Act 2010: report 2009. It also says: The model suggests that Victoria’s average carbon stock on Mrs PETROVICH (Northern Victoria) — I rise to public land (from 1950–2010) is approximately 717 million speak on the report titled Review of the Climate Change tonnes of carbon (2.6 billion tonnes of CO2). It also suggests Act 2010. The report of the independent review of that at the end of 2010 — Victoria’s Climate Change Act 2010 tabled yesterday a year after we experienced the terrible fires of Black has found that having both state and national emissions Saturday — reduction targets would impose additional cost burdens on Victorian households and businesses. In fact those the carbon store was approximately 680 million tonnes. A costs have had a significant price implication. The return to the long-term average will depend on future bushfire
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events. If trends for increased fire risk for Victoria occur, decrease in financial assets. We are seeing that position modelling indicates that the structure, dominant species and also deteriorating, and there is a chart on page 8 that function of some forest ecosystems could alter, changing the state’s carbon storage capacity. shows the position in relation to net infrastructure investment is very stark indeed. That chart shows the I have to say this is an area of particular interest for me. levelling out of investment that is now taking place. People wonder why I wax lyrical about prescribed The level of investment is only being held up by burning and that the only thing we have control over is projects and investments initiated by the former Labor fuel reduction. I think all officers and all state members government, such as the regional rail link and the who are involved in the protection of communities need purchase of rolling stock. If it were not for those to understand that without this prescribed burning work projects and investments, the position would have they are putting the environment at risk, they are deteriorated even further in relation to investment and, putting biodiversity at risk and they are putting the consequentially, jobs. catchments at risk. For people who really care about the environment this work is absolutely imperative. I ask Under these circumstances, priority setting for the every member of this chamber and every member of coming budget, which is to be brought down by the the public service to get behind this program, because Baillieu-Ryan government in May, will be critical, those who do not are actually jeopardising a whole because the government is clearly cutting back on range of things that we value very much. I have to say investment. We are seeing the consequences of that in the targets we are working towards are increasing, and regional and rural Victoria as well as in metropolitan in probably one of the wettest seasons that we have Melbourne. I am going to take the opportunity here to experienced in living memory, we are ahead of the set forward what I believe should be priorities for game. As recently as 1200 hours ago — — investment on behalf of some school communities in northern Victoria that have been overlooked by the The ACTING PRESIDENT (Mr Elasmar) — Baillieu-Ryan government to date. Order! The member’s time has expired. Just last week I was pleased to visit Robinvale P–12 Budget sector: midyear financial report College. It is very close to completing the magnificent 2011–12 building program that the former Victorian Labor government funded in concert with the federal Labor Ms BROAD (Northern Victoria) — I wish to make government. It is a fact, however, that some $5 million some remarks about the 2011–12 midyear financial to $6 million — and that is an estimate about which I report presented this month by the Treasurer. Firstly, certainly would not claim to have all the details — this report makes it very clear that Victoria’s financial remains to be invested in order to complete the building position is deteriorating under the Baillieu-Ryan program for the cafeteria, the library, landscaping, Liberal-Nationals coalition government. I refer to security fencing and administration. I think those are page 3 of the report, where it is stated that for the the main things that need to be completed. That would six-month period to the end of December 2011 the also provide — — general government sector recorded a net result from transactions of a deficit of $341 million and the state of The ACTING PRESIDENT (Mr Elasmar) — Victoria recorded a net result for the same period of a Order! The member’s time has expired. deficit of $801 million. This is in stark contrast to the record of the previous Labor government, which Auditor-General: Melbourne Markets delivered surpluses throughout its period in Redevelopment government. Mrs KRONBERG (Eastern Metropolitan) — I am Secondly, the report makes it clear that public always pleased to rise and make some remarks about investment is declining — save for investment the Victorian Auditor-General’s reports. The one on reflecting decisions of the former Labor government, which I will speak today is entitled Melbourne Markets which understood very well that public investment in Redevelopment, dated March 2012. infrastructure is vital for business and for jobs, whether that be through direct public investment or in The Melbourne Wholesale Fruit and Vegetable Market, partnership with business. I turn to page 6 of the report, which incorporates the National Flower Centre, is where it is clear from the summary balance sheet regarded as a really important part of Victoria’s position at the end of December 2011 that in that period economic infrastructure. It is quoted as currently having general government sector net assets decreased by a turnover in excess of $1.6 billion. Many members in some $7.1 billion and there was also a $653 million the house today will appreciate that the redevelopment
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Wednesday, 28 March 2012 COUNCIL 1751 has been a long and, unfortunately, very painful market, including those who currently operate there, odyssey. The redevelopment and relocation of the operate in an intensely competitive environment where market and all of its activities and operations from the transactions occur quickly and are heavily dependent on present location in Footscray Road to the site that is price. What is of critical importance during the currently under construction in Epping in the City of relocation is the ability to continue business at the new Whittlesea has been a long and tortuous road. I want to Epping site — — make some points about the importance of this market, the importance of the success of the project, the timely The ACTING PRESIDENT (Mr Elasmar) — commissioning of the project and where we have been Order! The member’s time has expired. in recent years. Climate change and greenhouse gas emissions I think it is worth reading into the record that the in Victoria: report intention of the new market is to establish ‘a modern, innovative and efficient fresh produce trading and Mr JENNINGS (South Eastern Metropolitan) — I distribution precinct’. It is one the largest infrastructure am pleased to have the opportunity to discuss the report projects undertaken in Victoria in recent years, but published yesterday entitled Report on Climate Change unfortunately producers, wholesalers, distributors and and Greenhouse Gas Emissions in Victoria. It arrived the general population are still waiting for the benefits in the Parliament, delivered by the Baillieu government. to flow from this new piece of infrastructure. The new It is a document that could well have been written by market has three main components: a trading floor Tim Flannery. The Baillieu government clearly owns where produce is displayed, bought and sold; a the analysis in this document, and it will be recalled for warehousing and cool storage facility used to store and all time that the Baillieu government owns the distribute produce; and the fit-out of leasehold areas to information that it published yesterday and tabled in the facilitate the business needs of each lessee. Parliament. I am sure all members of the government will wholeheartedly support the analysis published by The government acquired the additional land for the their government and delivered to the Parliament of site to develop this market precinct. The initial project Victoria in accordance with Victorian law. planning and governance arrangements for the relocation were assessed by the Victorian What does that analysis say? Interestingly, this analysis Auditor-General as sound. However, and this is a could have been written by Tim Flannery because it signature characteristic once again resounding, echoing reports that, in terms of climate change projections, by and reverberating down through the decades, there 2030 it is anticipated there will be an increase in the was — guess what? — poor project implementation. It average temperature across Victoria somewhere of the sounds like a broken record. This poor project order of 0.6 to 1.3 degrees Celsius relative to 1990. The implementation has adversely affected the project. One Baillieu government’s projections say that by 2070 the would expect that would be the case. There has also temperature may rise to somewhere of the order of 1.0 been poor management on behalf of the stakeholders. to 2.2 degrees Celsius under low emission scenarios That is one of the things that we need to underscore in and 1.9 to 4.2 degrees Celsius under the high emission terms of the poor governance arrangements. scenarios considered by the Baillieu government. It is recognised by the Baillieu government that those First and foremost this has meant that the relocation of scenarios are in play, relevant and could potentially lead the market has been significantly delayed. The market to the aforementioned effects on the Victorian climate. was originally meant to move to the Epping site in 2008, but it is forecast that there will be another two The report goes on to indicate there will be an increase years of construction, commissioning, installation and in the number of high fire danger days. It anticipates a bedding down activity before it is able to swing into full rise in sea level that could affect the coast, particularly operational mode. This will see a total delay of six in far east Gippsland. The Baillieu government report years. If that is not bad enough for people who are quantifies that the number of days above 35 degrees trying to run a business and feed this state, the expected Celsius in Melbourne may increase from 9 days — cost overrun will be 100 per cent. The cost of this which was the norm up until 1990 — to 11 to 13 days project will be double the original forecast cost. per year by 2030, and potentially up to 15 to 26 days per year by 2070. That means there is significant risk to To me the pivotal issue is something fundamental to a the Victorian community in terms of extreme weather market economy. The pivotal issue and the reason to days and high-risk fire days. It will mean that there will call the former Labor government’s management of this be a significant reduction in stream flows that occur project into question is simply that the tenants of the during this time.
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In its forward projections the report indicates that The project will cost more than double the $300 million Victorian areas with on average one day of snow cover included in the 2004 business case. The project will be per year may be reduced by 22 per cent. It confirms six years late. The procurement process was not what all aware citizens of the global community demonstrably fair. The stakeholder management was understand, which is that the frequency of droughts not effective. It is likely the former Brumby Labor may more than double by 2050. The Baillieu government paid more for the trading floor than it government clearly owns this analysis. It tabled this needed to. The project was not fully costed prior to analysis in accordance with Victorian law and now, as funding being sought. The price bid by the unsuccessful part of its organising principles for climate change bidder was $40 million more than the bid of the scenarios, it recognises the potential for those adverse successful bidder. Poor probity management resulted in impacts on the Victorian community. a procurement process that did not demonstrate fairness or appropriate management of conflicts of interest. The same report indicates that the actions of Victorian citizens and the Victorian economy can make a positive The people from Northern Metropolitan Region, which contribution to domestic abatement and the reduction of I represent, are delighted when there are new skills, greenhouse gases in Victoria. The report also indicates new jobs and new prosperity in the region. We are that during the decade between 2000 and 2009 on delighted to see this and the creation of opportunities in average carbon dioxide (CO2) emissions in Victoria Epping, but it comes at a cost. The report exposes the reduced from 25 tonnes per person to 22.2 tonnes per previous Labor government’s monumental person. The economy responded positively to the mismanagement of the Melbourne Markets relocation greenhouse challenge by being more efficient, so that in project. There were cost blow-outs, delays, poor 2000, 544 tonnes of CO2 equivalent were emitted in the stakeholder engagement and probity concerns that name of generating $1 million worth of economic marred the whole relocation. activity, and only 425 tonnes were emitted by the end of the decade. The former Brumby Labor government repeatedly proved it was incapable of delivering major projects on A significant contribution to the abatement had been time or on budget. ‘On time’ and ‘on budget’ are made by Victorians. Significant inroads had been made phrases that are foreign to the former Labor by the economy. In land use policy that relates to government. There were gaming licences, myki, the forestry activities there was an improvement during the desalination plant and political advertising. course of the decade recorded by the Baillieu Unfortunately the Victorian public has been left to pick government in its document. It is sad for Victorians that up the costs of another blow-out of the Brumby Labor on the same day the government released this report it government. also released a tawdry document, which could have been written by Stephen King, which outlines its The coalition government is working with the market response to the review of the Climate Change Act 2010. community and all stakeholders to overcome the problems identified by the Auditor-General to deliver Auditor-General: Melbourne Markets viable and vibrant fruit, vegetable and flower markets at Redevelopment Epping. We are fixing the problems of the former Brumby Labor government again and again. The cost Mr ONDARCHIE (Northern Metropolitan) — of the project went from $300 million to $670 million; Tonight I rise to speak on the Auditor-General’s that is a massive black hole. Melbourne Markets Redevelopment report of March 2012. I have had chances to make statements on a Mr Koch — How much? number of the Auditor-General’s reports during recent parliamentary sitting weeks. It is a bit like reading the Mr ONDARCHIE — It was $300 million that went Harry Potter series — that is, the characters are similar, to $670 million. That is a massive, huge black hole. there is a sinister plot and there is a group doing the Mr Jennings interjected. same scenes and themes. The group I speak of is the former Brumby Labor government. It let Victorians Mr ONDARCHIE — It cost more than the down again. When will members of the former Bendigo hospital. The Baillieu coalition government is government confess? When will they apologise? When determined to support the people from Northern will they accept responsibility? To refer to Metropolitan Region. We will again fix the problems Mr Jennings’s words in his recent contribution, they caused by the Brumby Labor government, and we will owned this report. When will they stand up and say, again deal with the fiscal mismanagement and fiscal ‘We made a mess of it’? ineptitude of John Lenders and the rest of the Brumby
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Labor government. It is lucky for Victorians that those In addition, six centres have closed their child-care in charge of the chequebook are responsible people and programs. Staff from another six centres — this could not the amateurs of the past. possibly be more — have said they will close their programs soon. I draw this to Mrs Petrovich’s attention, Budget update: report 2011–12 because this is having a disproportionate impact on regional communities. Regional communities do not Ms MIKAKOS (Northern Metropolitan) — I am have alternatives. Unless this issue is addressed — the pleased to be able to make a contribution today on the federal government is doing its part to address this Victorian budget update. The financial report indicates issue — Victorian families are going to have fewer that the government does not have any plans for options in occasional child-care placement options in creating jobs in Victoria. Thousands of people have regional communities. been involved. An estimated 15 000 full-time jobs have been lost in Victoria in the last month alone, despite What we see from the financial report is a government 27 000 new full-time jobs having been created in that is raiding the WorkCover authority and seeking to Australia. Since the Baillieu government’s election to prop up its budget whichever way it can, but cutting office there has been a loss of 21 000 jobs. We have important services that Victorian families rely on such come into this chamber on numerous occasions to ask as child care and also many other services in the relevant ministers — particularly the Minister for education sector and our health system. The most Employment and Industrial Relations — about their important thing that Victorian families would be plans to promote employment growth in this state. We looking to this government for is some direction about are yet to receive an answer. growing the economy and creating more jobs in the state. Despite the recent Herald Sun editorial that was Today the Minister for Employment and Industrial headed ‘Wake up Ted, we need you’, we are still Relations did not know how much young workers are waiting on Mr Baillieu to take action. paid, including the hourly minimum rate for 18-year-olds. The Minister for Youth Affairs has been Auditor-General: Public Transport Performance unable to inform the Parliament what the youth unemployment rate is. There have been situations Mrs PEULICH (South Eastern Metropolitan) — where ministers of the Crown have been unable to This is a useful opportunity to make a few remarks on a reassure Victorians that they actually have a plan for topic that is very important to South Eastern jobs growth in this state. The government has proposed Metropolitan Region — that is, public transport the sacking of 3600 workers from the Victorian public performance, particularly in the context of the service, creating difficulties for many thousands of Auditor-General’s report tabled in February. The public families in our state as well as taking away services that transport system is obviously recognised as being support Victorian families across many portfolio areas. essential to Victoria’s economic prosperity and livability for its citizens. The report notes that on a In terms of cost of living pressures, this government has typical weekday, public transport accounted for 8.4 per put up motor vehicle registration fees by $35 and there cent of the 12.6 million journeys made or 15 per cent of have been cuts to important services such as occasional the 113 million kilometres people travelled. Whilst that child care. I plan to speak a fair bit on occasional child is a substantial number of journeys and kilometres, it care today. I put on record how disappointing it is that falls far short of the former Labor government’s 12 per this government during its term of office has cent target for all journeys made. disadvantaged 9000 families who rely on the Take a Break occasional child-care program. As a consequence The audit is scathing. It looked predominantly at the of the government withdrawing funding that we used to 10 years of Labor government. The Department of provide, 71 per cent of occasional child-care services Transport expects further strong patronage growth over have increased their fees — some have increased their the next decade, which is why this report is so fees by a rate as high as 45 per cent — and 16 per cent important and so many important lessons are to be of providers have cut their hours. This is data that I drawn from it. I am confident that the new Minister for have sourced from the Association of Neighbourhood Public Transport has matters in hand and is working Houses and Learning Centres, which has surveyed its hard to change the culture of the department to ensure members recently. This data is based on what its that it plans better, that the reliability of the services are members told the association about the impacts of cuts improved and that capacity is built over time. to that program on Victorian families. Obviously the growth in patronage will be driven by a growing population and rising traffic congestion.
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Anyone who drives along Punt Road or the Monash To address those matters a raft of recommendations are Freeway in the morning may be tempted to consider made, including benchmarking public transport using public transport. Unfortunately not all suburbs operating costs, which is very important for long-term have it. It is convenient, of course, for people who plans to improve efficiency; developing the capability travel predominantly between two destinations, point A to forecast the performance implications; addressing and point B, on a work day, but in the modern context residual gaps in the measurement framework; many people are mobile and moving between different developing its plans for buses, trams and regional trains destinations, a bit like members of Parliament except to the same level of detail it has applied for when Parliament sits. I know that if on a non-sitting day metropolitan trains; preparing progress plans to monitor I relied on public transport for my mobility, I would performance against accessibility, sustainability and probably do about 20 per cent of the work I do per day. coordination objectives and developing rigorous plans Unfortunately it does not suit everyone and, as I said, to better manage these in the future; and lastly, some suburbs are not well served by public transport. finalising its draft processes for setting its state budget targets and applying them to contract threshold and The challenge is how the Department of Transport will other targets. cost effectively manage the expected growth in patronage while simultaneously improving A number of recommendations were made, but the performance. We have already seen and the most important, of course, is to change the culture. I Auditor-General has reported that since the change of believe we have the minister, the commitment and the government there has been an improvement in policies to deliver that. satisfaction. Budget sector: midyear financial report The audit assessed effective delivery by determining 2011–12 how well the Department of Transport and its affiliates had met the objectives of the Transport Integration Act Mr EIDEH (Western Metropolitan) — I would like 2010 of, firstly, meeting public transport users needs; to make a few comments on the midyear financial secondly, delivering a coordinated public system; report 2011–12. The list of economic failures by this thirdly, contributing to a more environmentally government in under 18 months in office has already sustainable state; and fourthly, improving access to set new world records that will never be breached. Its public transport for people with disability. The tardiness in administering the state, as the Sunday conclusion was that the Department of Transport did Herald Sun recently published, is staggering. In the not have the capability to foresee the rapid growth of midst of all that, our state is in very serious danger of customers between 2004 and 2009. being downgraded by economic forecasters. And on that side of the house they call this leadership. I call it a Mr Barber interjected. living nightmare for the men and women of our state, a nightmare that is reaching into every home and every Mrs PEULICH — That is the conclusion. business as the level of unemployment in this state Mr Barber interjected. breaches everything happening in every other state. The record speaks for itself, and the Premier himself, the Mrs PEULICH — Exactly. I think they should Honourable Ted Baillieu, is also on the record. have done better, but they did not. Premier John Brumby left this state in a solid economic Therefore the department was unable to deal with position, with a solid financial rating, with a history of performance pressures that contributed to the decline in budget surpluses, with a long list of investments in satisfaction about public transport. essential infrastructure for the benefit of the people of our state and with a list of achievements that regularly From the findings we know there are outstanding saw members on this side of the house talk about how weaknesses in how the department measures and Victoria was then leading the rest of Australia in every reports on performance, objectives of the act are not positive aspect imaginable. Sadly, the only leadership being appropriately measured or managed, there was that Victoria is showing today is reverse leadership. partial application of the department’s improved planning approach, there is a need to advance all plans The economic management of our state by the to the same level of preparedness and there is a need to Baillieu-Ryan government is woeful. The myth of better incorporate performance outcomes into planning. improvements to rail services reaching into my electorate has been exposed. The performance levels of Yarra Trams are becoming worse month by month,
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Wednesday, 28 March 2012 COUNCIL 1755 week by week, day by day and journey by journey. for Community Services, Mary Wooldridge, has Compared to the rest of our nation, Victoria lags behind already come up with a comprehensive response, which in retail trade, in building approvals, in new home was outlined in a media release of 28 February. The loans, in job vacancies, in business investment, in heading is ‘Coalition government takes immediate construction work done, in weekly earnings — in fact, action to protect Victoria’s vulnerable children’. The in virtually every area. Premier, Ted Baillieu, announced that we would take immediate action. The really comprehensive report The government is closing down the 24-hour mental took 12 months to come to fruition, and it is over health help line — money is more important than 900 pages long. The media release states: saving lives, is it not? Cutbacks in the Victoria Police’s unsworn members and support for the law enforcement Having conducted public hearings, meetings and assistance program database are already impacting on consultations across Victoria, as well as receiving more than 220 written submissions, the panel has made police services and thus threatening a new crime wave 90 recommendations, 20 findings and identified 14 matters that could endanger many Victorians. for attention. However, pensioners in public housing will help the When the inquiry was tabled on 28 February, the government by paying much more for their rent. This coalition government acted immediately on the may also help to cover some of the costs of the overreaching recommendation of the $80 000-plus spent on spin doctoring websites by the whole-of-government vulnerable children and families Baillieu-Ryan group. Power suppliers and public strategy to respond comprehensively to the report. This transport companies are also raising their costs at our was a major and immediate reaction, and the minister expense, with the full blessing of this government. and the Premier are to be congratulated. A high-level committee of ministers, chosen by and reporting to the Is this a state in crisis? It does seem to be, and yet a Premier, will develop this strategy. The media release little under two years ago we were the most admired further states: state in the nation. Today, under this current leadership, we are a laughing stock. Only the people of Victoria are Mr Baillieu said the coalition government is also … not laughing. committing $61.4 million over four years to immediately start improvements to service delivery at the front line. Protecting Victoria’s Vulnerable Children This report not only was well received by the coalition Inquiry: report government but was immediately acted upon. There are many recommendations in the report, and I will take the Mrs COOTE (Southern Metropolitan) — I have opportunity to bring up many of the issues in this great pleasure in speaking on Report of the Protecting segment of the proceedings in further sitting weeks. It is Victoria’s Vulnerable Children Inquiry. I commend important to reflect upon some of the statistics quoted Minister Wooldridge for commissioning this in the introduction of the executive summary because it comprehensive report. The professional panel was puts them in context. made up of Emeritus Professor Dorothy Scott, the Honourable Phillip Cummins and Mr Bill Scales. It is a The vast majority of Victoria’s children and young people pity I have only 5 minutes, but I will bring up other live in families where they are loved, cared for and parts of this report at other opportunities. encouraged by their families.
It is very important for members to have a look at the These children are supported, loved and cherished, but foreword written by the three members of the panel of this report reflects upon the lives of children who are whom I just spoke. It states: vulnerable in our community, who are falling through the cracks, who for a whole range of reasons, none of The inquiry was provided with complete freedom by the which are caused by their own actions, are in danger or Victorian government to conduct its own investigations and have been endangered in their lives. The introduction to reach its own conclusions. It has been a fully independent states that: inquiry. These children will be supported by their families through the The inquiry has been fully supported by the Victorian highs and lows of childhood and adolescence and will grow government. It has had open access to government, up with the personal resources and capabilities to live government departments and agencies and government independent, well-adjusted and productive lives. personnel. … Every week, nearly 60 children and young people from This is an open and transparent report, and the across Victoria are removed from their parents by the state recommendations have been welcomed. The Minister and placed in the care of another person or organisation …
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During 2010–11, about 3000 children and young people were complex policy debate important to the country’s placed in accommodation away from their family home. prosperity and viability. On average, the children stay in the care of the state for The current Victorian government and its members in about 18 months, but the report also states: the Parliament and in the community have Over the past decade, the number of Victorian children and progressively realigned their policy with that of the young people in out-of-home care has increased by 44 per Leader of the Opposition, Tony Abbott. The coalition cent — an annual growth of around 4 per cent a year — permitted its attack dogs to confuse and muddle public bringing the total number of children and young people in debate through retailing and spreading untruths. One of care to 5700 at June 2011 … the most scandalous examples of this was when the People across Victoria felt so concerned about the welfare of Minister for Energy and Resources, Mr O’Brien, was children that they made about 55 000 reports to the Victorian reported in the Age of 25 January 2012 as rejecting Department of Human Services in 2010–11. Of these departmental advice and using his own calculations to 55 000 reports, nearly 14 000 were considered sufficiently serious by the Department of Human Services that they were make it look as though the commonwealth’s carbon formally investigated. price would lead to Victoria paying an extra $2.5 billion a year to Canberra. I will take the opportunity to report further on this report on Wednesday of the next sitting week. The government’s attack on the renewable energy industry, on the planning regime that restricts the Review of Climate Change Act 2010: location of wind turbines and on the tariff regimes for government response solar panels has impacted heavily, with no apparent benefit to the Victorian economy or the climate. In Mr SCHEFFER (Eastern Victoria) — I am making recent weeks the government has attempted to link any some comments on the Victorian government’s and every economic issue in the state to the supposed response to Review of the Climate Change Act 2010. impact of the carbon price, and eventually this week the The government’s decision to step away from the government came out to say that it would dump the commitments it subscribed to when it was in 20 per cent greenhouse emissions target enshrined in opposition, and when the climate change legislation the Climate Change Act 2010. went through the Parliament in 2010, has quite frankly dismayed the community. As we know, the government The report Review of the Climate Change Act 2010 and said the passage of the clean energy future legislation the government’s response to that review were the through the Australian Parliament necessitated a review vehicles the Baillieu government used to finally break of the Victorian Climate Change Act 2010. The with the policy position it subscribed to when it was in government also said that besides the need to review opposition and embrace the disastrous and reckless the Victorian legislation itself, the passage of the farrago of evidence-free stances taken by the federal commonwealth energy laws was an opportunity for the opposition as the mood takes it. Someone said to me Victorian government to review its wider policy yesterday that this government is exactly the same as response to climate change. the Kennett government, only slower. The aptness of this is evidenced in the transition from what at first During its time in opposition, right up to the global gear blush looked like a sort of Rupert Hamer-type change that followed the 2010 United Nations Climate government to one we can now recognise as a Change Conference held in Copenhagen, the Victorian Kennett-Abbott-type government. opposition’s climate change policy aligned with that of the federal Liberal Party under the former leadership of The government agrees with the recommendation that Malcolm Turnbull. This policy recognised the integrity the 20 per cent emissions target should be revoked of the global and Australian scientific consensus about because Australia now has a commonwealth climate climate change, and agreed that one of the important change regime with a 5 per cent target and because strategies to lessen greenhouse gas emissions was to having the 20 per cent target would not drive significant establish a carbon trading scheme that would both additional emissions abatement. The government’s reduce emissions and stimulate the development of a response goes further, asserting that the 20 per modern, low-carbon economy. With the election of cent target would actually inhibit Victoria’s economic Tony Abbott to the federal Liberal leadership, this growth and impose large costs on the government and consensus was shattered, and a destructive campaign the community. It is difficult to see how the was launched to tear apart any progress being made to government arrived at this conclusion. bring the community through what was an enormously
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The opinion piece in this morning’s Age by Michael There is another line in this that is extremely Power from the Environment Defenders Office gives a important — one that cannot be overemphasised — pretty good account of why the government’s position which is: is flawed. Michael Power says that the government’s slipping away from its responsibility to act on climate The challenging economic environment reinforces the importance of sound financial management. change fails to recognise that for the clean energy future package to work, state governments need to take That would have to be the understatement of this complementary measures. It is not either/or; it is year — and perhaps the next as well. I have to say that both/and. when reading the report I had a certain feeling of deja vu. There was a sense that I had been here before. As State governments can take important actions in many of you might know, in October this year it will be transport, planning, forestry and mining to indicate the 20 years since the Kennett government came to office. examples that Michael Power mentioned in his opinion As a member of the Kennett government — in fact its piece. The government’s response is particularly youngest member — I was one of those people who alarming and disappointing — and Mr Jennings drew was faced with the economic disaster that was left to us attention to this — in the context of the Department of by the Cain and Kirner governments. Here I am — a Sustainability and Environment’s Report on Climate little older, it has to be said — elected as a member of Change and Greenhouse Gas Emissions in Victoria, the Baillieu government, picking up the mess left by the which presents some alarming projections related to Bracks and Brumby governments. The more things increasing temperatures, increasing sea level rises, change, the more things stay the same. fewer and heavier rainfall days and more consecutive dry days. We ignore these projections at our peril. It is, in the opposition’s terms, something that all began in November 2010. That is what it would like to tell us, Budget sector: midyear financial report but we know better. This is, and I am sure Mr Guy will 2011–12 know what I am talking about here, the cycle of life. What happens, whether it be in Victoria, New South Mr FINN (Western Metropolitan) — I am sure it Wales, Queensland, Western Australia, federally or will disappoint any number of members of this house to wherever, is that the Labor Party gets in and note that I am going to be speaking on Mid-Year completely — — Financial Report 2011–12 and not the climate change report on this occasion, although you cannot help but Hon. M. J. Guy — New Zealand. feel that that might be coming. I just have a feeling. Mr FINN — New Zealand is another one, I want to start this afternoon by quoting from chapter 1 Mr Guy — absolutely. The United Kingdom, Barack of Mid-Year Financial Report 2011–12 ‘Midyear Obama and the United States — you name it: they have results for the state of Victoria, including the general the runs on the board. They get in, and they completely government sector’. I want to quote a couple of destroy the economy. After a while the people wake up paragraphs: and they throw them out and put in the conservatives, who do the right thing, build up the economy again and For the six-month period to 31 December 2011, the general government sector recorded a net result from transactions of a make things look rosy. What happens? Out go the deficit of $341 million, while the state of Victoria recorded a conservatives, and in come the socialists again. They net result from transactions of a deficit of $801 million. start spending all the money, and up goes the deficit.
These half-year results are an imperfect guide to the 2011–12 In Queensland, for example, Campbell Newman, the full-year likely results. In particular, they do not include the impact of significant revenue items which are expected to newly elected Premier of that state, has more than an occur in the second half of the financial year such as delayed $80 billion debt that he has to deal with. I wish him grants from the commonwealth government for the regional well, but he has his work cut out for him. But this rail link — happens: Labor gets in, and it stuffs up the state; the conservatives get back in, and they fix it up. Labor that is, of course, if the federal government has not comes back in, and it does it all over again — and gone broke first — around and around it goes. Really, when are we going and Victorian Comprehensive Cancer Centre projects, as well to draw the line? as land tax revenue which is mainly recognised in the March quarter. Impacting upon the subject of this report, the budget, we have had such Labor disasters as myki and the desalination plant — surely the only desalination plant
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1758 COUNCIL Wednesday, 28 March 2012 in the Southern Hemisphere, if not the world, that is Department of Primary Industries: pig health running late because of floods! Could you imagine and research unit that? It has blown out to such an extent that we could not see it with binoculars. We have had the police IT Mr LENDERS (Southern Metropolitan) — The blow-out, we have had the Melbourne Markets matter I raise tonight is for the attention of the Minister blow-out — as Mr Ondarchie pointed out earlier this for Agriculture and Food Security, Peter Walsh. On afternoon — and we have had other blow-outs and so 7 March I had the great privilege of visiting the piggery much waste that have come directly from the previous of John Bourke in Stanhope. John is the president of the Labor governments that we find ourselves now in a Victorian Farmers Federation’s pigs group. It was good situation, as we did 20 years ago, where we as a for me, as shadow Minister for Agriculture and Food conservative government have to do the right thing by Security, to have the opportunity to see a working Victorians. piggery. It was good for me to do that as part of our outreach project, and I am very pleased the VFF offered Let me tell members from both sides of the house that me the opportunity to get to know the sector better. we will do the right thing. We will fix up the state, as we did before. Mr Scheffer said that this government is One of the things about visiting John Bourke in his looking more and more like the Kennett government, piggery at Stanhope was that I learned a lot more about and I think that is a very good thing. The Kennett the industry than I would have had I been sitting in government did the right thing by Victoria, and so will Melbourne. Amongst other things, John outlined to me this government. how 65 per cent of the processed pork we see in our supermarkets is actually imported from places such as The ACTING PRESIDENT (Mr Tarlamis) — Denmark, Canada and the United States and some of Order! The time has arrived for this house to meet with the concerns sector members have about whether the the Assembly in the Assembly chamber to elect three same standards applied to piggeries in Australia apply members for appointment to the Victorian Responsible to some of their competitors who have come in from Gambling Foundation board. The chair will be resumed overseas. He also raised some issues about general at the ringing of the bells. matters the industry is experiencing. In particular he had a concern about the Bendigo-based pig health and Sitting suspended 6.12 p.m. until 6.21 p.m. research unit within the Department of Primary Industries moving to Melbourne and whether that unit JOINT SITTING OF PARLIAMENT was going to be funded on an ongoing basis or not. I put on the record that I was part of the government Victorian Responsible Gambling Foundation that started the process of relocating some of the DPI The PRESIDENT — Order! I wish to report that functions to Bundoora and to Attwood. The VFF the house met with the Legislative Assembly today to disagrees with that — it considers that those functions elect three members of Parliament to the Victorian should stay in Bendigo — and it is also interested in Responsible Gambling Foundation board. I am pleased whether the minister, now that he is the minister rather to report that Mr Tim McCurdy, MP, Mr David than the shadow minister, still has the view that this Southwick, MP, and Mr Ian Trezise, MP — the move should not be happening and that the functions members for Murray Valley, Caulfield and Geelong in should not be moved to Bundoora. I guess the main the Assembly — were elected to the board for the term issue was that the VFF does not want the unit to move. specified in section 11 of the Victorian Responsible The VFF also wants ongoing funding for DPI’s pig Gambling Foundation Act 2011. health and research unit, because with rollover funding — on a year by year basis — rather than ongoing funding the unit is finding it difficult to keep ADJOURNMENT some of the good research staff it needs to do the important work in this area. Of course the industry has Hon. D. M. DAVIS (Minister for Health) — I a levy which partly funds this DPI research unit and move: which the industry has agreed to.
That the house do now adjourn. The action I seek tonight from the minister is that he guarantee that the funding for DPI’s pig research unit will continue and that he review whether the position he had in opposition on whether that DPI area should
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Wednesday, 28 March 2012 COUNCIL 1759 move from Bendigo to Bundoora and the position he Education and Skills, Peter Hall, and relates to tertiary has on that in government are the same. education facilities in Sunbury in my electorate. Sunbury has a current population of approximately Barwon Valley School: recreation facilities 35 000 people and a projected population in excess of 60 000 people by 2030. Labor, both state and federal, Ms TIERNEY (Western Victoria) — My chose to ignore the tertiary education needs of this adjournment matter this evening is directed to the rapidly growing community. Minister for Education and relates to recreational space at the Barwon Valley School in Geelong. Hon. D. M. Davis interjected.
A concerned parent of a young man attending his last Mrs PETROVICH — Absolutely ashamed, year at the school recently wrote to the Geelong Mr Davis. Under the watch of Ms Duncan, the member Advertiser expressing concerns about the lack of for Macedon in the other place, Jacinta Allan, the recreational space in which to play games and kick the shadow Minister for Regional and Rural Development, footy at the school. Barwon Valley School is the only and Julia Gillard, the then federal Minister for government school in the Geelong area that caters Education, we lost the Victoria University Sunbury specifically for children with an IQ of less than 50. campus facility.
Hon. D. M. Davis interjected. Mr Finn — Shame! That is shameful.
Ms TIERNEY — Barwon Valley School, it is Mrs PETROVICH — It was a criminal shame for called. The article details the issue of Barwon Valley those people, Mr Finn. The financial and emotional School students being denied access to adequate costs of our local kids leaving home or the effort of playground facilities due to portables being continually travelling for 3 hours a day to complete tertiary allocated to the school to cater for the increased school education did not seem to feature in Labor’s thinking population. The student’s mother, Michele Denham, when the community was robbed of a profitable and stated in the Geelong Advertiser that her son, Brett, was viable tertiary education facility. one of several students unable to move freely at the specialist school, which had fast outgrown its space. The coalition government fully understands the She said: importance of returning tertiary education to Sunbury, particularly to the region’s young people. We are They’re denied what every other kid in Victoria has access to, working with the community to achieve a solution; we and that’s a playground … are not sitting on our hands, like Labor did. I am … passionate about returning a tertiary education facility to Sunbury, and I am pleased to have the support of a The only place for them to play kick-to-kick was in the bus range of community and education groups in this cause. bay, which is extremely dangerous. I’ve been complaining to the education department and I’ve basically been told it’s the school’s problem. I have had numerous meetings and discussions on the issue in recent weeks and last week met with These issues are being raised at the same time as this community and education representatives to discuss government is about to evict 85 special needs students various proposals for trade training and other tertiary from the Hendy Street, Corio, campus of the Nelson facilities in Sunbury. I know that Mr Hall is also Park School, another specialist school in Geelong committed to finding a solution that delivers the best catering for students with needs different to those of the possible outcome for the Sunbury community and that students at Barwon Valley School. The campus site is his department is heavily engaged in the process. I ask up for sale, forcing the school to house all of its that the minister provide the house with an update on students at the Libau Avenue, Bell Park, campus. I urge progress as the coalition works towards providing the minister to address this important issue of the lack Sunbury with tertiary education facilities that meet the of space for our specialist schools in Geelong and to future social and economic needs of this growing meet personally with representatives, including parents, community. to understand the issues affecting these schools and their students. Victoria University: boatbuilding course Sunbury: tertiary education facilities Hon. M. P. PAKULA (Western Metropolitan) — I too want to make reference to Victoria University in my Mrs PETROVICH (Northern Victoria) — My adjournment matter, which is for the Minister for adjournment matter is for the Minister for Higher Higher Education and Skills, Mr Hall. It concerns a
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1760 COUNCIL Wednesday, 28 March 2012 decision by Victoria University to discontinue its Over the past four years Project Respect has received training course for marine craft construction $60 000 a year from the Department of Justice and apprentices. $20 000 from the Victorian Multicultural Commission. It has been brought to my attention that state I know Minister Hall is aware that this matter has been government funding for this organisation ran out two raised previously by the member for Williamstown in weeks ago. Project Respect is a not-for-profit the Assembly, Mr Noonan, and certainly in response to organisation that specialises in providing support to his representations the minister has thus far declined to victims of trafficking for prostitution through outreach intervene in any expansive way other than giving a programs, and demand for its services have been commitment to maintain a watching brief. I am also continuously increasing. I got to know a lot about this aware that the general manager of the Boating Industry organisation when it provided evidence to the previous Association of Victoria, Mr Clyde Batty, has since Parliament’s Drugs and Crime Prevention Committee written to Minister Hall and indicated as part of that inquiry into people trafficking for sex work, in which correspondence that: the committee noted that it was important for organisations such as Project Respect to ‘be encouraged … our manufacturing industry members are advising that the employment of new apprentices has ceased and that the to extend their outreach training and awareness ‘laying off’ of current first-year marine craft construction programs throughout the state and to as many different apprentices will begin shortly (except for the lucky few types of groups as possible’. I point out that this was a first-year apprentices who are still being trained by Victoria bipartisan recommendation through that report, which University — all four of them). the government had supported in principle when it I am also aware that Gordon TAFE has completed a responded to the report. business case which suggests that for seed funding of $750 000 it can pick up the course which Victoria The report also talked about how organisations such as University has discontinued, and in doing that it would Project Respect should be included in any consultative be able to keep what is a growing boatbuilding industry advisory bodies that might be established to advise afloat, as it were. government on these issues. Recommendation 17 specifically states that non-government organisations The Treasurer and the Premier have consistently talked that support trafficked women should ‘be provided with about their so-called four pillars, one of which is skills additional resources to continue and extend their development. What we have here is a real life example involvement in the training of police, municipal of how a reduction in the availability of options for skill officers, sex industry regulators and other relevant development is going to cost jobs in the boat persons’. construction industry and put the viability of the entire industry at risk. The action I seek is for the minister to I am very concerned that despite having written to respond urgently to the request he has had from the Minister Wooldridge about this organisation in the Boating Industry Association of Victoria and provide a past — and also to Minister O’Brien and the Minister sufficient quantum of seed money — not necessarily for Police and Emergency Services — the funding has the whole amount but a sufficient quantum — to ensure nonetheless run out. I am calling on the minister to that marine craft construction apprentices continue to urgently reinstate funding for Project Respect to allow be trained here in Victoria. it to continue to provide support for women in the sex industry, including those who are trafficked to Project Respect: funding Australia. I particularly draw the minister’s attention to the much-vaunted Sex Work and Other Acts Ms MIKAKOS (Northern Metropolitan) — My Amendment Bill 2011, which the government brought matter is for the Minister for Community Services, to this Parliament only last year, and the fact that the although the Minister for Consumer Affairs may also government said in its media release on 8 December: wish to respond to this matter because it is to do with Sex trafficking, slavery and sexual servitude are heinous sex trafficking. My understanding is that there are a crimes which are strongly condemned by this government. number of ministers who have some portfolio responsibility for this issue. Specifically I wish to I ask the government to make a response to that express my concern at the recently lapsed state commitment and actually put some funding into this government funding to Project Respect, which is a very organisation. important organisation focused on the prevention of emotional, sexual and physical abuse of women in the sex industry, including women trafficked to Australia.
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Mentone: beach renourishment building plan as a priority in the budget because it refused to do so in last year’s budget. Mrs COOTE (Southern Metropolitan) — My adjournment matter this evening is for the Minister for When in opposition a member for Northern Victoria Environment and Climate Change, Ryan Smith, and it Region, Mrs Petrovich, was quick to criticise the relates to beach renourishment in my electorate of former government for any delays in funding earlier Southern Metropolitan Region. I would like to stages of the new school, built with funds allocated commend the minister; he has done a fabulous job with through Labor budgets. In government Mrs Petrovich is beach renourishment at Elwood Beach. conspicuously silent on the subject of her government even committing funding to finish Wallan Secondary It is very interesting to look at statistics about some of College, let alone the need to allocate funding in the the beaches around Port Phillip Bay. There are May 2012 state budget. The member for Seymour in 40 million annual visits to beaches in Port Phillip Bay. the Assembly, Ms McLeish, has been keen to talk about Healthy beaches are essential for recreation, tourism, election funding for sports fields at Wallan Secondary families, local businesses and of course the economy. College, but she is deafeningly silent on whether she Port Phillip Bay beaches are an important recreational supports allocating funding in the state budget for and tourism asset for our state and local communities, finishing the building plan. and after recommendations from an independent coastal engineer, this year the government will spend This matters because the Minister for Education has $2.294 million to renourish four beaches around the admitted that the Baillieu government’s list of priorities bay. Those beaches are Mentone, North Aspendale, for school building works was drawn up by Liberal and Clifton Springs and Portarlington beaches. Nationals members, but Ms McLeish has not put Wallan Secondary College on the list. Priorities also Elwood Beach has just been renourished. I encourage matter because in last year’s budget the Baillieu everyone in this chamber to go and have a look — go government slashed Labor’s commitment of and walk your dogs, go and push your babies in their $1.7 billion for school building works to just prams or whatever you have to do. It is absolutely $208 million. I urge the government to make Wallan terrific. Elwood Beach was renourished with Secondary College a priority and provide the funds to approximately 60 000 tonnes of imported sand from a finish the building plan in the May 2012 state budget. land-based quarry, and the beach front was widened from between 10 and 15 metres to between 45 and Weather forecasting: Wimmera Southern 50 metres at high tide. This is really important. If you Mallee region go down on a summer’s day or indeed a summer’s night, you see how many people are enjoying our Ms PULFORD (Western Victoria) — My beaches. We have to make quite certain that they are adjournment matter this evening is for the attention of renourished as properly as they possibly can be. the Premier. The weather impacts on everything we do, and one could easily make the case that for regional The action I seek is to urge the minister to work very communities, like the community I represent, access to closely, as he did with the City of Port Phillip, with City reliable, up-to-date weather information is even more of Kingston councillors and with the committees of important. management to renourish Mentone beach. Many industries based in the regions are heavily Wallan Secondary College: funding dependent on weather, including farms, tourism and airlines, and there are other important considerations Ms BROAD (Northern Victoria) — My like emergency management that are also affected by adjournment matter is for the Minister for Education, weather. Knowing what the weather is going to do, as Mr Martin Dixon. The action I seek is that the best we can, is a vital part of so many operations. For Baillieu-Ryan government provide funding to complete years we have all watched the weather report on the the Wallan Secondary College building plan in the May evening news and made appropriate arrangements for 2012 state budget. Almost one year ago, in the lead-up the following day, only to have our best laid plans to the May 2011 state budget, I called on the members thrown into disarray when that forecast of no rain has of the Liberal-Nationals coalition government to put up been not quite accurate! Obviously 100 per cent the money for the school building plan. Today I am accurate weather predictions are unlikely, but over the again calling on the government to make funding years there have been huge leaps in the area of weather available to finish the Wallan Secondary College forecasting. This has been assisted by the technologies that enable us to monitor live and predict weather.
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Jo Bourke, executive director of the Wimmera Attwood locations of the Department of Primary Development Association, has raised with me the issue Industries. Mr Lenders sought the views of the minister of a campaign and provided me with a submission on those matters, and the action he sought was for the made by the association to the Bureau of Meteorology. minister to review his position and guarantee funding. I It details the challenges that the Wimmera Southern will pass those matters on to the minister, but I note his Mallee region faces in accessing real-time weather data strong advocacy for agriculture and for the particular and explains that it is seeking to address the radar industry that has been referred to. information black hole that exists between Mount Gambier and Mildura, where distance is impacting Ms Tierney raised a matter for the Minister for upon accuracy. Education regarding recreational space at Barwon Valley School — a special school in the Geelong Contained in the report are details of how weather region — as well as another school, and she referred to technology has made great advances but these leaps are certain playground facilities that she indicated were slower to make their way to regional parts of the state insufficient. I note that the condition of those and indeed the country. The report makes very clear the playground facilities is related to the provision of benefits such technology could bring in terms of services over a number of years, including the last advances for the region in agriculture, water resource 11 years under the previous government, but I am quite management and aviation. The report details the happy to pass that on and see if the minister is able to potential impact on emergency services, including the meet with the particular schools in question. I know that ability to better identify and categorise lightning strikes the minister has a strong commitment to specialist into dry or wet strikes based upon the existence of rain. school education. This information would also assist managers of reservoirs to manage flood risk. This is fundamental in Mrs Petrovich raised a matter for the Minister for a region that has on average 21 fires started by lightning Higher Education and Skills, Mr Hall, concerning each year. tertiary education in Sunbury, which is an area of significant population growth. She pointed out the I ask the Premier to read the report and, along with the failure of the previous government and the federal Minister for Agriculture and Food Security, the government to provide support for Sunbury tertiary Minister for Regional and Rural Development and the education over a long period of time, indicating that Minister for Police and Emergency Services, commit Sunbury has been robbed of a tertiary education facility the Victorian government to taking this up with the and that this has disadvantaged Sunbury over a Bureau of Meteorology to advance this cause so that significant time. I know that the member has advocated technology can be upgraded for the economic and very strongly on behalf of the Sunbury community to social benefit of the entire Wimmera Southern Mallee the Minister for Higher Education and Skills and has region. sought that he provide an update on tertiary education in Sunbury. She seeks further assistance in that regard, Responses and I will pass that on to the minister.
Hon. D. M. DAVIS (Minister for Health) — I have Mr Pakula also raised a matter for the Minister for one written response to the adjournment debate matter Higher Education and Skills concerning Victoria raised by Mr Lenders on 9 February. Tonight I have University and the marine craft construction received eight new adjournment matters, and I will apprenticeship and representations he has had from the respond to those. Boating Industry Association of Victoria. He also indicated that this is important for the manufacturing Mr Lenders raised a matter for the Minister for industry. He made the point that the Gordon Institute of Agriculture and Food Security concerning his visit to a TAFE has a business case which seeks seed funding of piggery at Stanhope — — $700 000 — or he indicated perhaps less — to assist the industry to continue with these important Mr Lenders interjected. apprenticeships that assist with skills development, an Hon. D. M. DAVIS — I did not catch that. The important aspect of the government’s focus. Mr Pakula minister visited under the guidance of John Bourke specifically seeks seed funding and an urgent response from the Victorian Farmers Federation, as I understand from the minister to the representations that Mr Pakula it. Mr Lenders made a number of points about the has pointed to. I will pass that on to the Minister for moving of services — which began under the previous Higher Education and Skills, who I know is very government — from Bendigo to the Bundoora and focused on the provision of support for apprenticeships
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Wednesday, 28 March 2012 COUNCIL 1763 in those manufacturing areas, particularly for groups Wallan, including ambulance stations and so on. I am like those Mr Pakula has pointed out. sure she will be prepared to advocate very strongly on these matters concerning Wallan Secondary College. Ms Mikakos raised a matter for the Minister for On Ms Broad’s behalf I will pass on the matter to the Community Services, which was also of relevance to Minister for Education. the Minister for Consumer Affairs, seeking additional funding for Project Respect, which is a not-for-profit I also note an adjournment matter raised with me group that seeks to provide support on tonight by Ms Pulford for the attention of the Premier. prostitution-related matters. She indicated that a report It concerns the weather and up-to-date information was tabled on this issue in the previous Parliament and about it. The Premier may be all powerful, but he is that she has written to ministers Wooldridge and probably unable to directly influence the weather. He O’Brien. She seeks that funding be provided to Project may be able to influence the Bureau of Meteorology. Respect. I will pass that on to the relevant ministers. I have no doubt about their commitment to providing a Mr Lenders — Don’t you talk down the state! strong response. As Ms Mikakos pointed out, the government legislated on this issue in recent times. Hon. D. M. DAVIS — I am talking down the capacity of the state’s Premier and anyone in this Mrs Coote raised a matter of relevance to the members chamber or the other chamber to directly influence the for Southern Metropolitan Region. The matter for the weather. However, I do not talk down the Premier’s attention of the Minister for Environment and Climate capacity to put a case to the Bureau of Meteorology. I Change is in regard to beach renourishment. She note the point that has been made by the Wimmera pointed out that healthy beaches are an important aspect Development Association in its submission, which of not just tourism but recreation more broadly. She points to a radar black hole in the region between South pointed to four beaches that are listed for work: Australia and the western side of the state. On a very Mentone, North Aspendale, Portarlington and I think serious note, this obviously has significant impacts on a one additional beach on the Bellarine Peninsula. whole range of activities throughout that area, Mrs Coote particularly pointed to Elwood beach, where particularly agriculture and tourism, although I am not 60 000 tonnes of sand was put in place, making a very going to provide the list again. I think that was a fair significant difference to that beach. point. I will pass on the matter to the Premier.
I know all members for Southern Metropolitan Region Ms Pulford has also asked that the Minister for in the chamber tonight will understand the importance Agriculture and Food Security and the Minister for of what has occurred at Elwood and will welcome the Regional and Rural Development, who is also the actions of Minister Smith, the Minister for Environment Minister for Police and Emergency Services, read the and Climate Change, in facilitating beach report. I suspect they may have already read the report. renourishment, which is of importance for tourism and I am aware that there have been conversations on these recreation in that area. Mrs Coote further seeks that the matters. I suspect that there will be some enthusiasm for minister liaise with the City of Kingston in regard to taking this matter up with the Bureau of Meteorology beach renourishment at Mentone. I will pass on that and perhaps some federal colleagues. As for point to him. I understand the importance of the work influencing the weather directly, that may be more that the City of Kingston is doing and the support it difficult. would offer to Mrs Coote’s campaign and her advocacy with Minister Smith for the Mentone beach Ms BROAD (Northern Victoria) — In accordance renourishment project. with standing order 4.13 I seek an explanation from the Leader of the Government as to a number of Ms Broad raised a matter for the Minister for Education adjournment matters that I raised in 2011 to which I regarding additional support for the Wallan Secondary have not received a response and which are therefore College building plan. I note there was a significant lag well and truly overdue according to the standing orders. under the previous government in provision of sports For the minister’s benefit, they are matters that I raised funding, which was an election commitment of the for the Premier on 17 August regarding the national current government. I also note that there is a need for disability insurance scheme; for the Premier on further steps to be taken and that election commitments 30 August regarding government advertising; for the will honoured in the term of this government. Cindy Premier on 26 October in relation to the future of the McLeish, the member for Seymour in the Assembly, is Snobs Creek discovery centre; for the Minister for a strong advocate for Wallan, including for the school. I Roads on 22 November regarding the Wallan-Kilmore know she advocates on behalf of other facilities in
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1764 COUNCIL Wednesday, 28 March 2012 bypass; and again to the Minister for Roads on 6 December in relation to the Wallan-Kilmore bypass.
Hon. D. M. DAVIS (Minister for Health) — I thank the member for raising the matters, and I will take those particular adjournment items up with the relevant ministers. I do not have a direct explanation for each of them now, but I will seek that information.
Mr LENDERS (Southern Metropolitan) — On a similar note, and under the same standing order, I have five adjournment matters that I raised which have not been replied to: for the Premier on 10 February, 2 August, 12 October, 13 October and 10 November; for the Minister for Environment and Climate Change, whom the Minister for Health also represents in this place, on 8 February; and the most significant ones for me, for Mr Davis, the Minister for Health, on 5 May and 8 December last year, to which he has not yet replied. For the latter two matters for which Mr Davis himself is responsible, I would be quite happy for him to say we will get them tomorrow and leave it at that. As for the other ones, I will give him the grace of not asking again this week for responses to them. For the record, there are five for the Premier, one for the environment minister — which, again, I give him on notice. However, on the two directed to Mr Davis on 5 May and 8 December I ask that he explain what the delay is, and hopefully he will be able to get back to me with those tomorrow.
Hon. D. M. DAVIS (Minister for Health) — I will take those matters on notice and reply to the member.
The PRESIDENT — Order! The house stands adjourned.
House adjourned 6.54 p.m.
JOINT SITTING OF PARLIAMENT
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Wednesday, 28 March 2012
JOINT SITTING OF PARLIAMENT Victorian Responsible Gambling Foundation
Honourable members of both houses met in Assembly chamber at 6.17 p.m.
The CHAIR (Hon. Ken Smith) — Order! Whilst joint standing orders 19 to 22 apply to this joint sitting, there is no joint sitting order to cover the nominations of members to the board. Therefore the first matter to consider is the adoption of rules.
Mr BAILLIEU (Premier) — I move:
That the rules for nominations, which are in the hands of members, be adopted. Motion agreed to.
The CHAIR — Order! I now invite proposals from members with regard to three members to be elected to the board of the Victorian Responsible Gambling Foundation.
Mr BAILLIEU (Premier) — I propose:
That Mr McCurdy, Mr Southwick and Mr Trezise be elected to the board of the Victorian Responsible Gambling Foundation. I understand each of them is willing to accept the appointment if chosen.
The CHAIR — Who seconds the proposal?
Mr ANDREWS (Leader of the Opposition) — I second the proposal.
The CHAIR — Are there any further proposals?
As there are only three members proposed, I declare that Mr McCurdy, Mr Southwick and Mr Trezise are elected to the board of the Victorian Responsible Gambling Foundation. I now declare the joint sitting closed.
Proceedings terminated 6.19 p.m.
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PRODUCTION OF DOCUMENTS
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Thursday, 29 March 2012 did not support the presumed consent model. This was one of the key issues that came before the committee, The PRESIDENT (Hon. B. N. Atkinson) took the and the committee has not recommended any change in chair at 9.33 a.m. and read the prayer. that regard.
It is important to recognise that there has been a ABORIGINAL AFFAIRS TASKFORCE significant increase in organ donations as a result of the national reform agenda. In fact in 2010 — that being Indigenous affairs report 2010–11 the first year of the program — there was a 35 per cent increase in organ donations in Victoria and a further Hon. W. A. LOVELL (Minister for Housing), by 8.5 per cent in 2011. The committee also found that leave, presented report. there is a need for families to have early discussions about their donation wishes so as to foster a greater Laid on table. emphasis on raising awareness of tissue donation and the facilitation of timely tissue donation as well as some LEGAL AND SOCIAL ISSUES consideration in relation to reimbursing expenses in the REFERENCES COMMITTEE case of living donors. Organ donation in Victoria I want to acknowledge the great work of the committee secretariat, including Richard Willis, Lisa Kazalac and Mr VINEY (Eastern Victoria) presented report, Sean Marshall. I want to acknowledge the work of all including appendices, extracts of proceedings and members of the committee. In particular I would like to minority report, together with transcripts of acknowledge the work of the deputy chair, evidence. Mr O’Donohue, who on a number of occasions had to step in for me during some family issues. The Laid on table. committee members worked well together.
Ordered that report be printed. During the course of the committee’s investigations there was an incident where the lung transplant Mr VINEY (Eastern Victoria) — I move: program at the Alfred hospital was suspended for what was planned to be two weeks but ended up being only That the Council take note of the report. one week. This became a matter of some considerable This is the first report of the Legal and Social Issues concern to the committee. There had also been some References Committee on a reference proposed by the significant public concern in relation to this, and government to undertake an inquiry into organ representatives of health organisations had expressed donations in Victoria. I want to say at the outset that a their concerns about it. The committee was unable to very comprehensive process was undertaken by the get to the essential reasons for the cancellation of the committee. I particularly want to acknowledge the program, and it was very concerned, because this is a submissions at public hearings, where the committee serious health issue and people’s lives are put at risk by received evidence from recipients of organs, people on such decisions. the waiting list and the families of donors. On behalf of the committee, I would like to express our appreciation Because the committee was unable to get to the bottom to all those who gave such evidence to the committee. of the reasons for this cancellation, the committee made Obviously often these were very personal and two significant recommendations. One involved emotional matters that people were making requesting that the Victorian Ombudsman conduct an submissions about. inquiry into the cancellation of lung transplantation at the Alfred in September and October of 2011. The There are a number of significant findings in relation to second was to seek that Mr Andrew Way, the chief the inquiry. The overwhelming evidence received by executive of Alfred Health, return to explain some the committee was about issues around whether or not inconsistencies that, based on the transcript of evidence there ought be presumed consent. For members who do and a briefing note to the health board, appeared to not know, that is an opt-out model. It is an assumption have occurred in his evidence before the committee. that someone consents to donating organs at the time of death. I make the point that differing views were The PRESIDENT — Order! Does Mr Viney seek presented to the committee in relation to this matter, but an extension by leave of, say, 10 minutes? the overwhelming evidence received during the inquiry
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Mr VINEY — No. difficult to sit through and hear. It was also the testimony from doctors at the Alfred, particularly, that Mr O’DONOHUE (Eastern Victoria) — Like really put into focus for me the fact that this is not just Mr Viney, I was pleased to be a member of this about retrieving the organ and about the transplant; it is committee. At the outset I also would like to thank the about the accommodation for families and about how secretariat of Richard Willis, Lisa Kazalac and Sean you make sure that families are informed. Even though Marshall for their efforts. I would also like to if someone is on the register the consent of the family is acknowledge the submissions and evidence we not technically required, the hospital will always ask for received. It has been an absolute privilege to be a that consent, and I think that is part of the deep respect member of this committee. We heard from surgeons hospitals have for families when they have to go and health professionals who at the drop of a hat and in through such an agonising choice about giving away the middle of the night would jump on a plane to the organs of a family member who is dying. Darwin, Adelaide, Hobart or New Zealand to turn a tragic event — the death of a person — into an event of I supported the majority on the matter of looking at the hope: the retrieval of an organ or organs to give life to issues around the Alfred. I felt quite clearly there was a others. contradiction in the evidence we had received; that is why I supported the majority on that. I think we need to It has been an absolute privilege also to interact with look at that and to investigate why there was the closure people such as Kim and Allan Turner of Zaidee’s and whether there is a problem with funding. This is too Rainbow Foundation, who, after the tragic loss they important an issue not to be funded and resourced experienced, have devoted themselves to organ properly. donation awareness. I would encourage all members of this place and anyone who listens to this debate or reads Ms MIKAKOS (Northern Metropolitan) — Organ the transcript of it to sign up to the organ donation donation is the gift of life. I was very privileged to have register. Before this inquiry I was not registered as an been a member of the parliamentary committee that organ donor; now I am, and I would encourage all concluded this report, and I have to say at the outset others to be so. One of the most significant findings and that I believe it was one of the most challenging aspects of evidence we heard was the importance of inquiries I have participated in, because we heard family discussions about the issue of organ donation; evidence from families who have faced these difficult when time is short and when a loved one may be in the circumstances. process of passing away it makes a critical difference to whether a decision to donate is made or not. We understand from the committee’s evidence that families face difficult decisions during a heartbreaking As Mr Viney said, the national reform agenda has been time when they are grieving, but the evidence clearly a great success. Commonwealth funding for that showed that it is not enough just for people to register expires on 30 June, and whilst there is some comfort on the Australian organ donor register. Because about a continuation of funding, the government families ultimately need to give consent for their loved members — the minority on this committee — believe one’s organs to be donated, it is critical that people have an opportunity exists to look at this issue in a different discussions with their families to make it clear to them way. We could look at a new way of bringing the what their wishes are, as family members are various health centre operators together to look at a unfortunately refusing to give consent at the critical centre of excellence. The minority reject the reference time. It is important that we continue to have more to the Ombudsman; we do not believe the case has been education and awareness about the need for organ made. We believe too much time was spent by the donation, and a number of the recommendations in this majority focused on the issue of a six-day, temporary report relate to those issues. reduction in organ donation services at the Alfred. I briefly want to come to the issue of funding, because Ms HARTLAND (Western Metropolitan) — I was as we have so many people on the waiting list for organ an organ donor — that is, I was on the register before transplants it is important that there is adequate this inquiry occurred. I am not giving organs away! It resourcing of our health system. The recommendations was really interesting for me to learn so much about also relate to the need for increased resources, and I was how organ donation comes about and to hear the disappointed that there was a minority report in relation incredible testimony we received about people who had to this chapter. given that ultimate gift of life to someone else under tragic circumstances. I know that for all members of the I want to conclude by thanking all those individuals and committee some of those testimonies were most organisations who made submissions to the committee.
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It was very useful and valuable evidence to us. I also Victoria must continue to encourage and facilitate wish to thank the secretariat staff for their support in organ donation. assisting us in concluding this report. I hope the government takes up the recommendations in the The committee supports some existing mechanisms and report; they are critical to so many Victorian families. legislative frameworks, including the current informed consent system. It is clear that as organ donations Ms CROZIER (Southern Metropolitan) — I am increase, so will the level of transplant activity. This also pleased to make a few comments in relation to this places a significant strain on existing hospital resources. very important matter. I also acknowledge the The committee recommends that the current resourcing committee members, the great work of the secretariat levels need to be reviewed to ensure that transplant staff and most importantly all those witnesses who activity can operate to maximum capacity. It is also provided submissions and gave evidence to the inquiry. important that families have early discussions about Some very extraordinary personal accounts were given their wishes regarding organ donation and that more that made the understanding of organ donation far more community education and awareness raising takes worthy for all members. place. In particular there should be a greater awareness of the importance of tissue donation. A number of issues emerged — funding and resourcing is one — but what also came out in this inquiry is that We heard from many individuals who have had Victoria is the leader in the field in this area. It firsthand experience of organ donation or undertakes services for a number of other jurisdictions, transplantation or who remain on transplant waiting including Tasmania, South Australia, New South Wales lists. I particularly want to thank those people for their and New Zealand, and I think that is an important issue important contributions, and I wish them well in the to take note of. future. I would also like to thank the committee staff for their hard work on this inquiry — Mr Richard Willis, There is also the issue of the complexity of Ms Lisa Kazalac and Mr Sean Marshall. I am proud to transplantation services. This is not just a one-off, acute be a member of a committee chaired by my friend and act; it involves very sick patients, and the major colleague Mr Matt Viney and also to work with deputy institutions that undertake transplantation services have chair Mr Edward O’Donohue and all the members of teams of personnel involved in the process, including the committee. working with the families of the donors and the traumatic and emotional experiences they are going Mr O’BRIEN (Western Victoria) — I rise to add though. There are teams of surgeons, physicians, my voice to the support for this report on the inquiry intensivists, nurse coordinators, theatre nurses, social into organ donation in Victoria. I also join the chair and workers and translators — there are many people deputy chair in thanking all members of the committee involved in this — and these institutions have to make secretariat, and I support Mr Elasmar’s kind remarks decisions in relation to the other major traumas and about the way in which the committee sought to emergency admissions they are dealing with. That cooperate and work through matters of common requires planning from not only administrative staff but evidence and common consideration and, where also clinical staff in relation to how they handle the necessary, dividing in relation to the minority report. cases and what they are dealing with on a day-to-day basis. Those institutions do a tremendous job; they In extending my thanks, I also concur with the remarks juggle lots of priorities. It is at times a very made in recognition of the testimony that was provided unpredictable and fluid situation, so I acknowledge that. by both the families of donors and organisations I also urge all within the chamber to consider joining representing the families of donors and the recipients. the organ donor register. The gift of organs — the gift of life — is a very important gift and, picking up the contribution from Mr ELASMAR (Northern Metropolitan) — I rise to Ms Crozier, it is an emerging and very specialised area speak about this important report, which examines of medicine in which Victoria provides a leading role to ways to increase Victoria’s organ and tissue donation the nation. In that respect the practitioners in the various rates. Since the 2008 national reforms in organ and Victorian hospitals who have to deal with this difficult tissue donation, Victoria’s total number of organ donors area, both from the technical medical point of view and has doubled. In 2010 alone Victoria had a 35 per cent in relation to the emotional and ethical framework, have increase in total organ donor numbers. Victoria now led the nation in this area. leads Australia in regard to organ donation. However, in order to save lives and enhance the quality of life for That is why one of the key recommendations of the the people who desperately need organ transplants, minority report is that this work should be extended,
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1770 COUNCIL Thursday, 29 March 2012 both in seeking greater contribution from the has been tabled. I indicate that the government will take commonwealth government in relation to funding on board the contribution of the committee. The organ donation retrieval and transplantation services committee has worked hard and taken broad evidence and possibly in the formation of a Victorian centre of which is of great value. This is an area that has intense excellence, as has been recently done in other medical significance for many people, and the stories of areas where Victoria leads the world, such as the cancer individual people who have had organ donations and and brain centres. been donors are very touching. The committee has obviously considered many of these matters at great The submission and evidence stressed that it is length. important that the discussion in relation to whether you wish to donate or not be had with community members I also want to compliment the support and evidence that and family members as early as possible in life so that was given to this inquiry by many of our major the decision does not need to be made at a time of grief. hospitals — the Alfred, the Austin and others. This I commend the report to the house. inquiry has involved support from not just my department but also those hospitals, which have Mrs PETROVICH (Northern Victoria) — I generously given their time to the committee, providing commend the committee and the committee staff for it with information and important evidence. the work that was put into this report. It is a very complex issue. We had many poignant submissions An all-party committee has delivered this important from people waiting for life-saving and altruistic report that will provide additional support for us into donations. As has been said earlier, it is very important the future and makes a number of important to have that discussion with your family early and not at recommendations. The government will consider those a time of crisis because then it is far too traumatic. recommendations and will respond in due course. Obviously I have not read the entire report in the period I commend the work of hospitals during times of crises, since it has been tabled. I welcome the report. It is an which we have seen recently in Victoria’s history, important step forward. I indicate my strong support for including the Black Saturday bushfires, and also — not those who are donors in Victoria — we still need to do so recently but still front of mind — the Bali bombings. much more work to lift the donation rate — and also to In many ways Victoria is leading the way in organ those involved in the transplantation services we have donation, and we should commend our highly trained in our state. They are very high-quality services. I medical staff who look after these patients. Once these particularly pay tribute to the Alfred. patients are in the system and on the register, they require lifelong care, and I commend that work. Mr JENNINGS (South Eastern Metropolitan) — This morning I have heard very profound and moving I was very impressed by the quality of evidence given contributions by the members of the Legal and Social by a range of people in their submissions. Many of Issues References Committee on its report into the these were heartfelt, and many were also very organ donation program in Victoria. I thank the professional recommendations. A lot has been said committee members, the staff that support them and the about some of the media reports around Alfred Health’s witnesses that appeared before them for making sure submission. I would like to quote Mr Andrew Way, the that the people of Victoria appreciate this issue more CEO of Alfred Health, speaking on its submission. He fully than they might have before and embrace the was very clear in saying that whether to have the concept of organ donation now and into the future. resilience of two programs, two sets of hospital capacities and so on, was a complex issue. He said: This morning I have also heard a range of matters that the committee has grappled with in determining its final There are some quite big questions if the program continues report to us and the pathway forward. In light of what to grow at the rate it is going. some of the members of the committee deem to be inconsistencies in the evidence that was provided about His submission was quite valuable to us. The Alfred Health transplant program generated some media some of the challenges and shortcomings within the current service provision of that program, as a matter of interest during the course of this inquiry, but we were concerned that the focus of the majority on this issue natural justice the committee has asked some witnesses had the potential to have an adverse effect on organ to come back to clarify those inconsistencies and that donation. evidence. If this evidence leads to the conclusion that there may be some shortcomings in the program into Hon. D. M. DAVIS (Minister for Health) — I am the future, then a reference to the Ombudsman may be pleased to make a brief contribution on the report appropriate to establish the veracity of that evidence. entitled Inquiry into Organ Donation in Victoria that The committee has been very considered and
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Thursday, 29 March 2012 COUNCIL 1771 thoughtful in the way it has dealt and is dealing with MEMBERS STATEMENTS those issues in the spirit of natural justice and full disclosure. I congratulate the committee on taking that Manufacturing: job losses action. Mr SOMYUREK (South Eastern Metropolitan) — Motion agreed to. Australian Bureau of Statistics figures released earlier this month show that 7000 full-time jobs have been lost in the manufacturing sector in Victoria in the 12 months PAPERS prior to February 2012. This is a damning indictment of the Baillieu government’s term in office. These Laid on table by Clerk: continuing job losses in the manufacturing sector are Interpretation of Legislation Act 1984 — Notice pursuant to causing a crisis of confidence in Victoria and creating section 32(3)(a)(iii) in relation to Statutory Rule No. 14. great anxiety for the thousands of working families earning a wage from the manufacturing sector.
BUSINESS OF THE HOUSE I take this opportunity to urge the Minister for Manufacturing, Exports and Trade and the Premier to Adjournment stop spending money on more reviews, inquiries and task forces and instead get on with the job of fixing the Hon. D. M. DAVIS (Minister for Health) — I problems in the Victorian manufacturing sector. I urge move: the government to formulate a proper manufacturing That the Council, at its rising, adjourn until Tuesday, 17 April plan which outlines a strategy to ameliorate the 2012. deleterious effects of the high Australian dollar on our manufacturing sector. I urge the government to Motion agreed to. formulate a plan that has as its objective the stimulation of the various drivers of the Victorian manufacturing sector, such as government procurement, infrastructure STANDING COMMITTEES investment, skills training and research and Membership development. I also urge the government to develop a plan that will preserve the jobs of the 264 000 people Mr LENDERS (Southern Metropolitan) — By employed in the Victorian manufacturing sector. leave, I move: The PRESIDENT — Order! The member’s time That Mr Leane and Mr Tarlamis be participating members of has expired. the Environment and Planning References Committee and the Environment and Planning Legislation Committee, and that Gowrie Street Primary School: student leaders Mr Lenders be a participating member of the Economy and Infrastructure References Committee and the Economy and Hon. W. A. LOVELL (Minister for Housing) — Infrastructure Legislation Committee. Too often we forget to give credit where credit is due. Motion agreed to. For this reason I would like to publicly recognise the students, teachers and parents who make up the Gowrie Street Primary School community in my home town of ENVIRONMENT AND PLANNING Shepparton. Gowrie Street is my closest local primary REFERENCES COMMITTEE school — I live just around the corner from it — which made it extra special for me on Friday, 23 March, to Reporting date present the school’s leadership team members with their badges. Ms TIERNEY (Western Victoria) — By leave, I move: These young people are a cross-section of Shepparton’s multicultural community. They come from many That the resolution of the Council of 5 April 2011 requiring different backgrounds, but they all work together — the Environment and Planning References Committee to inquire into, consider and report on environmental design and something that would be an example for many people public health in Victoria within 12 months be amended so as two or three generations older than them. The badges I to now require the committee to present its final report by presented them with will tell other students that these 31 May 2012. are their role models — that is, young people to aspire Motion agreed to. to be like.
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I was told that this year’s leadership team is larger than Springvale Benevolent Society: those in previous years because of the high quality of 50th anniversary candidates. This is a credit to the children, their parents and their teachers. These young people take their roles Mr TARLAMIS — I would like to take this seriously, and as one student told me they plan to lead opportunity to congratulate the Springvale Benevolent by example. Congratulations to principal Travis Eddy Society on reaching its 50th anniversary, which is a and his staff for creating a warm, inclusive and caring significant milestone. I thank the wonderful school environment. Congratulations also to the hardworking and dedicated people who have students for achieving their positions as school and contributed their time and support and have made a real house captains. I hope these young people continue to difference to the lives of so many local residents and play a leading role in their school and their community. families over the years. Without them this achievement You never know, I may have met some of our future would not have been possible. members of Parliament and local community leaders. In particular I would like to commend Joe Rechichi, Springvale Benevolent Society: Wes Eggleston who stepped up during a challenging time for the community service award society and has done an outstanding job, which was recognised earlier this year when he became the City of Mr TARLAMIS (South Eastern Metropolitan) — Greater Dandenong’s Citizen of the Year. Last week I was humbled to present the inaugural Wes Eggleston community service award, founded in City of Casey: community events honour of Wes Eggleston, at the 50th anniversary reception for the Springvale Benevolent Society hosted Mrs PEULICH (South Eastern Metropolitan) — by the City of Greater Dandenong. Yesterday the member for Narre Warren South in the Assembly, Judith Graley, made some remarks that I The Wes Eggleston community service award has been would classify as catty in relation to my lateness to one established as an annual award to recognise an particular event and my inability to attend another event individual in the community who, by their selfless in the city of Casey. Given the poor representation of actions, has enriched the lives of others through care, local Labor MPs in the city of Casey — which has a compassion, courage and leadership. Sadly Wes dynamic and diverse community and is well supported Eggleston passed away in 2009. He dedicated his life to by the Baillieu government, which is best exemplified helping others and ran the Springvale Benevolent by the delivery of a $24 million promise to the City of Society from his furniture store in Springvale, serving Casey to support the Brookland Greens methane gas as its secretary for around 40 years. He was a worthy rectification works — I thought the comments were a recipient of the Springvale Citizen of the Year award bit rich. and was declared a living treasure by the City of Greater Dandenong. The City of Casey faces many challenges, but its biggest challenge is the lack of effective representation It was fitting that the inaugural recipient of the Wes of its community due to the fact that the Assembly Eggleston community service award was Wes’s good members for Cranbourne, Narre Warren South and friend John Beus, OAM, who also received an award Narre Warren North are all members of the Labor on the night for 50 years of continuous service. John Party. These MPs have been missing in action when it was a founding member of the Springvale Benevolent comes to representing the community. A rollcall of Society in 1962 and received the Wes Eggleston attendance has revealed Judith Graley, the member for community service award for his outstanding Narre Warren South, and other local MPs as being community service, compassion and commitment to the absent at the all-abilities cricket day at Casey Fields, the community. Cranbourne night racing launch, Casey’s ovarian cancer International Women’s Day fundraiser, Casey’s Wes was highly regarded within the community and is motor neurone fundraiser in Cranbourne, Casey-South sorely missed. I am comforted that John, along with the Melbourne Cricket Club’s presentation night, all City many other dedicated members of the society, is of Casey civic dinners, Australia Day celebrations, the continuing Wes’s good work. City of Casey barbecue to celebrate the start of new year and the Nossal High School foundation assembly.
I am sorry; there is a call coming through on my phone.
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The list also includes the Melbourne Business Awards holistic program that seeks to address the myriad issues south-east region presentation, where there were five facing young parents, some of whom are as young as nominees and three winners from the city of Casey; 14 or 15 years old. Rotary’s Longest Lunch, which was a Casey-wide event; the Casey-Cardinia Business Breakfast Series, Volume 2 of the Cummins inquiry report identifies featuring guest speaker Steve Moneghetti; the maternal age as a known risk factor in relation to International Women’s Day business breakfast; the vulnerability. On page 36 it states: annual general meeting of the Merinda Park Learning A young mother and her child are likely to be more and Community Centre; Girl Guides Victoria; Women vulnerable because of the frequently associated social stresses of Note — — of single parenthood at a young age.
The PRESIDENT — Time! Recommendation 9 is for the development of a universal evidence-based parenting information support Mrs PEULICH — And the list goes on. program to be delivered to communities with high concentrations of vulnerable children and families. The PRESIDENT — Order! The list may well go Recommendation 12 is for the expansion of early on, but Mrs Peulich is out of time — and she had better parenting centres to service vulnerable families. The take that call from Ms Graley! government could learn a great deal from the young Elwood: flood mitigation parents’ Link Up program, which is now in its sixth year, about how this can and should be achieved. Ms PENNICUIK (Southern Metropolitan) — Last Monday, 26 March, I attended a forum hosted by a National Ride2School Day local community group known as LIVE, which stands Ms PULFORD — On another matter, I for Locals into Victoria’s Environment, at Elwood congratulate 178 riders and walkers from Forest Street Secondary College to discuss the floods that happened Primary School on their participation in National in Elwood on 4 February 2011. Also in attendance were Ride2School Day. We pedalled hard to keep warm on all of the councillors of Port Phillip City Council; an icy Ballarat morning, while talking about healthy Cr Clifford Hayes from Bayside City Council; transport and road safety. The Forest Street Primary councillors Cheryl Forge and Neil Pilling from Glen School ride was coordinated by teacher Cameron Eira City Council; Martin Foley, the member for Albert Landry and was one of 1000 activities involving Park in the Assembly; and a representative of the 140 000 kids across Australia on 23 March as part of Liberal Party, Mr Kevin Ekendahl. Despite the LIVE National Ride2School Day. organisers inviting members of the government, none of them attended the forum. The State Emergency Queensland: election result Service and the Consumer Action Law Centre were also in attendance. The room that the forum was held in Mr FINN (Western Metropolitan) — I rise to was full to overflowing with people whose homes congratulate the new Premier of Queensland, Campbell around the Elwood Canal had been flooded on Newman, and in particular our many new 4 February 2011. parliamentary colleagues in that state. To have so many new faces is invigorating for democracy, and when, Melbourne Water representatives were not in additionally, they are conservative faces, it is not just attendance, despite being asked to attend the forum. good for democracy but a boon for the economic and Council representatives said that despite the works the social health of the Sunshine State. I wish the new council can do in relation to local drainage, major government well; sadly it will need it. works need to be done by Melbourne Water and the state government. The resolution of the meeting was Labor, as it so often does, has left Queensland a total that Melbourne Water and the state government attend basket case, with a debt of more than $80 billion. North a meeting with the council and residents. I urge the or south, state or federal, Labor just cannot handle government to make sure that happens. money anywhere. Premier Newman will need all the energy and can-do attitude he can muster to turn things Link Up: young parent support program around, but I have no doubt he will. It is great to welcome Queensland back to the fold, and it is Ms PULFORD (Western Victoria) — Last week I wonderful to see both sides of Australia, east and west joined participants of the Link Up program, a program coasts, in good hands, with the added confidence that for young parents, for lunch, a chat and a play. The young parents’ Link Up program is an innovative,
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1774 COUNCIL Thursday, 29 March 2012 the entire northern coastline will be joining us by year’s those in the entire Liberal National Party team, both end. elected representatives and others in the organisation, are to be heartily congratulated on their historic win. As Australian Football League: season start of today, the Newman government holds 72 seats and is predicted to win 77. Currently Labor holds 6 seats and Mr FINN — On another topic, tonight sees the may ultimately win 8, thus falling short of the 10 seats beginning of the real football season. This is the most required to be held to function as a party in opposition. exciting part of the year. The hopes of Victorians are This means that the Labor Party has failed to fulfil a high as we join together to celebrate our great game. basic tenet of the Westminster system of parliamentary Australian Rules football is so much more than a very democracy. Queenslanders have also shown what they handy income stream for politically correct blokes in think of the Greens — and what a joy that is. suits; it is a way of life for millions of Australians. Tonight I will be joining close to 100 000 people at the The Queensland Treasurer, the Honourable Tim MCG as the Tigers and the Blues continue their Nicholls, the member for Clayfield, is someone I know decades-long rivalry. May the best team win — and and admire. He is to be congratulated on his individual may that team be Richmond! triumph in Clayfield, where, on a two-party preferred basis, he won 71.3 per cent of the vote and brought International Women’s Day home a 15.5 per cent swing — in a seat regarded back in 2009 as notionally Labor. At last the Queensland Mr ELASMAR (Northern Metropolitan) — On economy is in safe hands, with a government that will 14 March, together with several parliamentary encourage investment and prudent financial colleagues, I attended a lunch for International management. Women’s Day to celebrate all Labor women who have served in Victoria’s Parliament — from the first, Fanny When our Premier, Ted Baillieu, sits down next month Eileen Brownbill — 28 April 1890 to 10 October at the Council of Australian Governments meeting with 1948 — who became the member for Geelong in 1938 Premier Colin Barnett, Premier Barry O’Farrell and having stood for election to Parliament after the death Premier Campbell Newman, it will be a vision of her husband, William, the sitting member for splendid. The premiers of those four states, representing Geelong at the time, to our first woman Premier, Joan the greater proportion — — Kirner, to our newest women members. I applaud and salute their enormous contribution to the Victorian The PRESIDENT — Time! Parliament. Cleaners: United Voice Clean Start campaign Assisi Centre Aged Care: refurbishment Ms MIKAKOS (Northern Metropolitan) — I wish Mr ELASMAR — On another matter, on to congratulate the organisers of yesterday’s United 17 March, together with several parliamentary Voice National Day of Action rally, which highlighted colleagues, I attended a ceremony for the opening of the poor working conditions of shopping centre 30 new beds at the Assisi Centre Aged Care facility in cleaners. Cleaning is an essential job that many of us Rosanna. The centre is also undergoing extensive take for granted. We expect the environment we shop refurbishment and will ultimately house 90 residents. or work in to be kept hygienic and clean. However, it is The event was hosted by the former Chief Justice of the our lowest paid workers who do this much-needed Supreme Court of Victoria and former Governor of work. Victoria, Sir James Gobbo, who is also the patron in chief of the centre. Ms Jenny Macklin, the federal In November last year I met with cleaners from Epping Minister for Disability Reform, was also present. We Plaza in my electorate, and they gave me firsthand toured the facility and later had the opportunity to have accounts of their meagre working conditions. I support a chat with some of the residents. All in all, it was a United Voice’s Clean Start campaign for a livable very interesting morning, and I thank the organisers for wage, job security and a fair and safe workload for making it a pleasant occasion. Australia’s shopping centre cleaners working for Spotless, one of Australia’s biggest retail cleaners. Queensland: election result WorkSafe Victoria: dividends Mrs KRONBERG (Eastern Metropolitan) — The Queensland election result was a stunning victory, and I Ms MIKAKOS — Later today the Victorian Trades congratulate the new Premier, Campbell Newman. All Hall Council will hold a rally on the steps of Parliament protesting the raid of $471.5 million of WorkCover
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Thursday, 29 March 2012 COUNCIL 1775 dividends by the Baillieu government to cover up its to state conferences. Helen was awarded ALP life mismanagement of the budget. None of this amount membership by the Premier at the time, Steve Bracks. will be used to offer relief to employers for WorkCover premiums. By contrast, the previous Labor government Helen led a very full and active family life, raising four reduced WorkCover premiums six times and brought boys with much love and care. Helen’s contribution to them down to historic lows. Benefits for injured making this world a better place was endless, and I am workers were also greatly improved under Labor. The sure her work will live on. I take this opportunity to Baillieu government’s redirection of dividends to cover extend my sympathy to Helen’s partner, John Speight; up its mismanagement of the Victorian budget will lead her sons, Terry, Gary, Arthur and Mark; and her to higher WorkCover premiums for businesses at a time daughters-in-law, step-daughters and grandchildren. of rising unemployment and will provide no Vale Helen Davis. improvement to worker benefits. Senator Bob Brown: comments PORT BELLARINE TOURIST RESORT (REPEAL) BILL 2012 Mr ELSBURY (Western Metropolitan) — Douglas Adams, the author of Hitchhiker’s Guide to the Galaxy Second reading said, ‘Space is big. Really big. You just won’t believe how vastly, hugely, mind-bogglingly big it is’. Now I Debate resumed from 27 March; motion of am a bit of a sci-fi fan. I enjoyed Star Wars, Stargate, Hon. P. R. HALL (Minister for Higher Education Babylon 5 and all of the Star Trek shows and movies, and Skills). although Enterprise was a bit disappointing, but I have Mr TEE (Eastern Metropolitan) — I welcome the to say that when you use science fiction to justify an opportunity to speak on this bill, which is modest in entire policy you are really clutching at straws. That is terms of its length but which is a very important bill why when Senator Bob Brown said at a recent nonetheless, because it sets a number of precedents that conference, ‘Why aren’t the intergalactic phones we on this side are concerned about. ringing?’, you had to wonder where this guy actually came from. He was further quoted by the Herald Sun of The Port Bellarine proposal was a vision of the 1970s. 28 March as saying: It was a vision of the then government that was enshrined in legislation in 1981. It was a vision to Here is one sobering possibility for our isolation: maybe life has often evolved to intelligence on other planets with create a canal-style development with 1000 residential biospheres and every time that intelligence, when it became lots — a sort of Venice of the south — outside able to alter its environment, did so with catastrophic Portarlington. It was a vision that was very unusual in consequences. Maybe we have had many predecessors in the the sense that it was enshrined in legislation. It was cosmos but all have brought about their own downfall. unusual in that an agreement between the developer and You have got to wonder which planet this guy is on, but the government was enshrined as part of the 1981 ladies and gentlemen, I would prefer fact to fiction, and legislation. It was a vision of its time and for its time, I would rather use other sources than L. Ron Hubbard. but I think that time has clearly gone. Helen Davis There is no doubt that, if put forward today, this proposal would be rejected, and it would be rejected on Ms TIERNEY (Western Victoria) — I rise to pay a whole host of grounds, not the least of which would tribute to Helen Davis, who passed away last week. be local community opposition to the development. I Helen was a lifelong union and community activist. know that the member for Bellarine in the other place, Helen’s working life in Victoria started at Mistral Fans, Ms Lisa Neville, has been passionate in her advocacy to where she became a shop steward for over 300 people, ensure that this development does not occur. serving them for more than eleven and a half years. Then in the early 1980s she broke through to become The development would not be successful today, the first woman organiser with the Metal Workers because it is inconsistent with planning and zoning in Union, now the Australian Manufacturing Workers the area. It is inconsistent with the vision for ensuring Union. Helen served as a Preston councillor for sixteen that communities and development occur within and a half years, including two terms as the mayor. She existing settlements rather than increasing the sprawl. It was an active member of the Australian Labor Party at is inconsistent with today’s standards around a grassroots or branch level, as well as being a delegate environment, because the development could only proceed after the dredging of some environmentally sensitive areas. There is no doubt that this vision of the
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1970s, enshrined in 1981, is out of step with then that the developer, who is entitled to the benefits of community expectations, with planning expectations the 1981 legislation, has commenced litigation for a and with environmental standards of today. considerable amount of compensation — $100 million.
The issue then becomes: how do you end the dream? Not only are these fundamental questions about the way The previous government took steps to engage with the in which our system operates and the signal that this issue of how you would end this vision. The current government is giving to the business community about government has now introduced this legislation, and the way in which it operates, but there is also a very while the opposition supports the outcome in terms of important question about the state’s liability to pay removing this option from the landscape, it does have a $100 million worth of compensation. In its number of concerns about the means. The legislation second-reading speech the government has already purports to extinguish all property rights. It admitted that it will make an ex gratia payment, but the extinguishes the agreement and it extinguishes the 1981 amount that is being claimed — $100 million — is a legislation, and it does so on the basis that no very significant threat to the budget bottom line. compensation will be payable. In and of itself, this is something that would concern us for a number of We are very concerned about a number of the aspects reasons — in part because of the signal it sends to the of the way in which this government is attempting to community, and particularly the business community, close down the Port Bellarine tourist resort option. Our about the basis upon which you can do business in discomfort is heightened by the fact that this is now the Victoria. third time in as many months that the Minister for Planning has been sued for the actions he has taken as The government needs to be very clear and very careful minister. We have said publicly, and I will say it again, about how this is seen. We do not want a situation that we do not have any confidence in the way this where the business community is wary of doing minister operates. The business community does not business in Victoria. In essence, you have an agreement have any confidence and the community more broadly with the government, the government believes it wants does not have any confidence. to terminate that agreement and the government does terminate that agreement by legislation that purports to Every month for the last three months — and we are take away all of your rights. This is a heavy-handed only one-quarter of the way into the year — we have approach, and I think there is a real risk in terms of the seen the minister being sued, and that has occurred signal it sends to the business community. That is again this week. We have very low confidence in the something we are concerned about and are very alive acumen, the ability and the capacity of the minister to to. see through what is a very serious challenge. We are therefore very wary about the capacity to get an The right to compensation for the removal of a person’s outcome here which is an appropriate outcome so far as property rights is an important part of our system; it is Victorians are concerned. fundamental to the economic system under which we operate. It is such a fundamental tenet of our economy, We also know that the actions and the behaviour of the our society and our political structure that it is one of government are shrouded in secrecy. I am very the few rights that are enshrined in the constitution: the confident that whatever arrangements are reached right to just terms for the removal of property rights. between the developer and the government in relation This is an issue that concerns us in terms of how this to the litigation — and we note that litigation almost bill purports to sit alongside those fundamental rights always settles — the taxpayer will never find out and how it purports to match up to those rights. The bill exactly how much money has been paid by way of is clear in its intent to take away any rights to compensation. Not only do we have this fundamental compensation. Clause 10 is very clear: question about property rights and not only do we have this fundamental question about how they will be … no amount is payable by the Crown (as compensation, explored in this case, we are also very concerned that damages or otherwise) to any person … for any loss or the outcome will not be known. We are very concerned damage arising out of, or in connection with, the enactment of the act … the Crown is not liable to any person … for any that not only will the outcome not be known but the claim arising out of or in connection with the termination of taxpayers will never know whether or not they have got the agreement — value for money. or the Crown lease. Those are very expansive When we have a question mark hanging over the provisions that, in this case, purport to take away the capacity of this minister to deliver an outcome which is developer’s right to compensation. It is not surprising fair, reasonable and competently delivered, I think it
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Thursday, 29 March 2012 COUNCIL 1777 concerns us that there will be no transparency or on it becomes clearer that the acceptable standards of accountability and no way in which to judge how the decades ago no longer apply in the modern context. minister acquits himself on this occasion. In November last year we had a debate here on the We do not oppose the bill, although we have very Mines (Aluminium Agreement) Amendment Bill 2011 serious reservations about it and I have tried to set them where a 1961 agreement allowing for 100 years of coal out. We will be monitoring the situation very closely mining at Anglesea was extended by another 50 years. because we know the litigation is likely to persist for When the Greens dared to suggest that that was a bad some time and we know there are entrenched course of action and that the legislation governing that constitutional rights to just compensation, so there is a operation needed to be radically updated to represent real claim on foot here. We will continue to try to modern standards — and for that matter that there monitor this so we can shed a light on what occurs next, needed to be a time line for the ceasing of coalmining at because the sums of money here are vast and the issues Anglesea — we were told by the minister in the chair, of principle are very important. As I said, it is our view Mr Hall, that such a move and what he described as its to not oppose the bill; it is our view that the bill should associated sovereign risk would place future investment go through, but we caution the government about the in the state of Victoria in serious jeopardy and foster a message and the signal that is being sent in terms of the reputation that would chase investment out of the state. way in which it operates. That is a paraphrase of Mr Hall’s words. He said it would send a terrible signal to both those who had Mr BARBER (Northern Metropolitan) — The made personal investments and those companies that government’s pitch in relation to this bill is that the Port had made investments. Bellarine project would be environmentally damaging, but for it to get out of it legally would be very Almost a year ago, on 7 April 2011, the Greens asked expensive. That being the government’s argument, why the Minister for Planning, Mr Guy, what he was going do we still have the desalination plant? Why do we to do to sort out the terrible mess involving Kew have any number of projects that are environmentally Cottages, a long-running controversy his party had damaging and yet very expensive for the government to something to say about when in opposition but has get out of? It is because the government has a very virtually nothing to say about now. I will quote Mr Guy highly selective attitude to how it interprets the very directly, given that standing orders allow me to do that important question that is critical to our debate on this with the time that has elapsed: bill here today — that is, the question of sovereign risk. I am not sure if the Greens understand the concept of I concur completely that this project is environmentally sovereign risk. Where there is a contract in place, the state does not go about breaking contracts … unacceptable and should not go ahead, and I have no problem with supporting legislation to repeal the He said that in relation to the Kew Cottages original 1981 agreement to prevent this project from development. Well, I will ask Mr Guy to further my going ahead; there should be no doubt about that. That education on the concept of sovereign risk as we go leaves the one residual issue with the bill, as embodied through the detailed consideration of this bill. I in clause 10 — that is, that of sovereign risk. There genuinely hope that we elucidate a clearer line on what have been many instances when members of the other it is that this Parliament believes, and that all parties can parties in this place have reached for the touchstone of agree, represents sovereign risk and also what does not sovereign risk, even in the case of the Minister for represent sovereign risk — what represents the absolute Planning, Mr Guy, who wanted to throw across the right of the Parliament to make laws, change policies chamber at the Greens the argument that we cannot and improve standards for the betterment of our society undertake such and such a course of action because of in Victoria, its environment and the future generations. the touchstone of sovereign risk. On 3 September 2011 in relation to some changes to the In sorting out what is the right thing to do here in Mineral Resources (Sustainable Development) Act relation to clause 10 of the bill and some other 1990 the Minerals Council of Australia said there was a amendments which I gather are forthcoming, I have had sovereign risk issue. That related to mining exploration to go back through a number of recent instances where licences, which function in a way that means that their the question of sovereign risk has been raised. area shrinks year by year on a use-it-or-lose-it kind of Obviously it is an overused concept. Governments are basis. That is a totally legitimate exercise of the state’s constantly changing their policies for the betterment of power. We are granting people the right to explore for our society and our environment, and as time stretches minerals, and over time if a mining company does not fully explore an area, that right starts to expire.
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On 3 June 2010 in relation to the Crown Casino through the process of an environment effects taxation regime Mr Dalla-Riva took to task the then statement. Treasurer, Mr Lenders, and Mr Lenders invoked the concept of sovereign risk in that Crown Casino had a I know members of the government are not on too good licence — a licence by definition is not a property terms with the federal Minister for Sustainability, right — and that we wanted to change the tax rates Environment, Water, Population and Communities, applying to Crown Casino. Tony Burke, so it is not like they can ring him up and say, ‘Can you do us any favours?’. But I should point I save the best till last. This involves possibly one of the out that the executive, in now defending a legal claim most erudite members in this chamber, a man who by the owners of the rights associated with this rarely gets it wrong: Mr Philip Davis. Mr Davis was development, is worried about the compensation it may speaking on 14 September 2006, just before I arrived in have to pay. It is not worried about the message on this Parliament, on the issue of the Hazelwood power sovereign risk, because as a matter of politics it simply station, and his respondent was Mr Theophanous, the does not believe that this group of developers is big former Minister for Energy Industries and Resources. enough for it to worry about. Of course it is not going Mr Davis said: to take on the consortium building the desalination plant, and of course it is not going to take on Alcoa or International Power had a reasonable belief upon acquiring Australand or any of those big fish, but here we have a the Hazelwood asset that it had an undertaking from the sovereign government of Victoria in regard to access to coal. rather obscure developer. Did it, or did it simply have a licence to extract coal? I certainly have not had time to find out anything about As I said, Mr Philip Davis rarely gets it wrong; it is just the personal circumstances of this developer, as this bill that the times do not always suit him. In this case he has gone racing through the houses, so I cannot tell you gave us a very good observation in relation to sovereign anything about its particular circumstances. I risk that applies perfectly in the instance we are dealing understand that it is launching a series of legal actions with today. It is just unfortunate for him that it does not in the courts, even during these days, in response to the back up his government’s push. He said further: bill as it moves through the house. That, like any other legal action, is the government’s problem. Every Sovereign risk is difficult to legislate away; it can only be executive government enters into a range of legal addressed by real leadership from our parliamentarians and relations through contracts and quite often gets itself in leaders, and I do not see any leadership in this place at the present time. legal trouble. I myself have taken this government to the Supreme Court in relation to the secret myki report, He said that in 2006 in relation to Hazelwood. Well, in and I wonder whether the government simply intends to this chamber today the leadership in relation to legislate my action out of existence, as it is doing now sovereign risk is coming from the Greens. It is the in relation to these. I would not put it past it; if it is Greens who will argue that clause 10 of this bill is a picking on this developer, I am sure it would have no bridge too far — and we will be seeking a division on qualms going against me. that clause. Because I can completely agree with and support the right of the Parliament to change its mind The Liberal Party used to hold the rights of the about a particular proposal — in this case the Port individual against an authoritarian government above Bellarine development — I do not believe at all that the all else, but that does not describe this Liberal Parliament of 1981 had an inalienable right to bind government any more. It is not a liberal government forever all future parliaments. This is the exact any more; it is a different flavour that is much more argument I made in relation to the Anglesea coalmine, authoritarian. I do not know whether it has picked it up and I will just as happily make it today in relation to the from the US, or perhaps it is more like the Christian Port Bellarine development — a clearly unacceptable Democrats — that might be the way to explain its development. current positioning — but those sorts of Jeffersonian concerns about the overbearing nature of the state and I do not believe the developer sought federal approval the impact that that has on the individual at every level for its action under the Environment Protection and is no longer a defining ideology. Biodiversity Conservation Act 1999. If the developer had done that, the federal minister would have found This issue and this particular bill have now become a the development to be clearly unacceptable in terms of matter of convenience for the government. I blame not the EPBC act, which gives the federal minister the just this government but a series of governments. The power to reject the development even without going government has gotten itself into legal trouble, and it wants the Parliament to bail it out; hence we see the
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Thursday, 29 March 2012 COUNCIL 1779 quite tyrannical clause 10, which wipes out someone’s the principle that is at stake. We opposed the provision right to bring a cause of action to the courts. Yes, they in the Major Sporting Events Bill of 11 June 2009, can bring the action — there is no prohibition on brought to this place by Labor. Our amendments were that — but clause 10 seeks to ensure that the action will not supported by the coalition opposition. Today, from be unsuccessful. what I understand, we are going to find ourselves in exactly the same position — the 3 of us on one side of It may be some relief to Mr Guy, though, to know that the chamber and 37 on the other. We will make our this is not the most tyrannical example that has ever point on the particular clause, but if we are been brought into legislation in the state of Victoria. unsuccessful, we will take the next best option, which is There is a worse example, and it is reasonably recent. It to support the bill for those reasons I introduced at the is from 11 June 2009, and it is the Major Sporting beginning. Events Bill 2009. In the debate on that bill my colleague Ms Pennicuik took us back even further, to The government is quite right: many speakers who the Australian Grand Prix (Amendment) Bill 1995, have addressed the question of sovereign risk in this which set up a provision such that the residents of chamber — including, as I said, most accurately and Albert Park around the racetrack were excluded by completely Mr Philip Davis — are quite right. This sort legislation from taking a civil action against the of action sends little invisible ripples through our state. government for any damages caused by the holding of It sends messages to investors, property owners and the race or the construction in getting ready for the race. those who expect to be able to rely on a fair system of Ms Pennicuik was able to quote the then opposition acquisition, for example, under legislation for major leader, John Brumby, saying that the residents of Albert infrastructure. It even gets right down to the message it Park have no automatic right to just compensation and simply sends as a political message: if the government that they could have hundreds of thousands of dollars is willing to do this to someone who is powerful taken off the value of their properties as a result of the enough to have lawyers, what will it do in relation to construction and other impacts around the Australian you and your public housing flat, which might be the Formula One Grand Prix event. most important thing to you and your wellbeing?
That was 1995, but on 11 June 2009 the Labor It is extraordinarily disappointing that this government, government made that injustice immeasurably worse by so early in its term, is making such weak choices to get broadening it out to include other sorts of major events itself out of trouble or in some cases simply to let the and giving to itself — that is, the government — the public suffer for the mistakes of the previous power to determine, simply by signing a piece of paper, government, referring back to examples such as the which major events had the exemption from civil desalination plant. I could also get into myki if I had claims. That provision went much wider than simply time. this bill here today, and it gave the government discretion in buying itself a free get-out-of-court card I have thought long and hard about, and discussed with whenever it needed. That is an extraordinarily worrying my colleagues, the particular issues associated with direction for a government to go anywhere, anytime. clause 10. As I said, we have extensively gone back While it may seem like a small and obscure legal point, through the debates for some years in considering the it is actually a fundamental bedrock to our democracy. different arguments that have been made, and on that The ability of citizens to take their own government to basis we believe the best balance, although not the court to defend whatever residual rights they have to perfect outcome, is for us to oppose clause 10, but if we compensation or other types of damages, redress, relief are unsuccessful in that, to still support the remainder of or remedy can simply be written away at the stroke of a the legislation. pen. Mr O’BRIEN (Western Victoria) — I rise to make I understand fully what the government is trying to do a contribution in relation to the Port Bellarine Tourist here: it is trying to save the taxpayers of Victoria some Resort (Repeal) Bill 2012. The bill is a relatively short money. The government is in a legal dispute, and a one, but it is an important bill. The main purposes of constant series of court actions have been launched in the bill are to repeal the Port Bellarine Tourist Resort both directions. It is trying to get out of this by Act 1981, to terminate the agreement between Grawin legislating. Governments are involved in legal actions Pty Ltd and the state of Victoria for the development of all the time against any number of citizens on any a tourist resort on certain lands near Portarlington and number of issues. The unique nature of this action is to terminate a Crown lease granted under that act to that it arises out of an act of Parliament; however, in the Grawin Pty Ltd. view of the Greens that does not qualitatively change
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The background to the bill is that the proposed state. The leadership we rely on is the leadership from development, which is located on land in my electorate the Premier and the Minister for Planning, who has of Western Victoria Region, was contemplated under brought this bill to the Parliament. It is an unusual legislation to ratify and otherwise give effect to an circumstance that arises out of an act of Parliament agreement made in 1981 between the Honourable relating to the original agreement. The decision today, Rupert Hamer, then Premier of Victoria, on behalf of to take up Mr Barber’s point, is not one of executive the state and Grawin Pty Ltd to facilitate the government; rather it is one of this sovereign development of a tourist accommodation resort and Parliament, and that reflects that the original agreement marina, known as Port Bellarine, on land south-west of and the Port Bellarine Tourist Resort Act 1981 were Portarlington township along Port Phillip Bay. Under committed to by the Parliament and not merely the the agreement Grawin was obliged to complete stage 1 executive. first, that being the marina component. In relation to the points raised by Mr Tee, who Work on the tourist resort was never commenced, ultimately supported the bill notwithstanding the despite all required approvals having been issued by concerns he expressed, any changes to planning policy 1985 and despite the state having extended the schemes, as delegated legislation, can affect vested commencement date for the works three times. The development rights without giving rise to compensation government has therefore introduced this bill to repeal claims, and this is a bill that does not interfere with the the Port Bellarine Tourist Resort Act in its entirety, to company’s freehold property rights. It has some effect end the agreement and all arrangements made under on the development rights only, and the only impact at that act and to extinguish any potential for future all on the company’s property rights is in relation to the liabilities. Crown lease over a small area of the foreshore. The lease can only be used for the purposes of the The proposed development is out of step with the development, and this bill in no way affects Grawin’s contemporary regulatory and policy environment. ownership of the land. Successive governments took steps to progress the development through the 1980s and early 1990s by I correct Mr Tee on an important matter that he put to extending the dates by which Grawin was required to the Parliament — namely, that there is a just terms right commence works. With the state’s assistance Grawin to compensation in the Victorian constitution. There is had obtained the necessary permits by 1985, and the no just terms right to compensation in the Victorian state fulfilled its obligations under the act at that time. constitution. This bill does not affect property rights, In the 30 years of operation of the act Grawin has not save for the small area of foreshore land on Crown commenced any substantive works on the tourist resort lease, and there is no sovereign risk. and there has been a lack of government support for the tourist resort in the outdated form contemplated by the In relation to the issue of planning for the Bellarine agreement since about 1995. Grawin has known of the area, which is an important part of my region that has lack of government support for the project since that suffered under the previous government’s failure to time, and to pick up what is in effect the first point invest in both long-term strategic planning and raised by the Greens, it is a position in which there is no infrastructure provision, I note that many organisations sovereign risk, given all the above. involved with the Bellarine Peninsula, including the Committee for Bellarine, the Committee for Geelong, Mr Barber raised the issue of sovereign risk when he G21 and the council are presently undertaking strategic agreed in general terms with the principle both that it is planning initiatives in conjunction with the state and an important issue and that it is also, as Mr Barber said, federal governments, and we support those initiatives one that is sometimes overused. It does not apply in that and we support the community. It is a very sensitive there is no sovereign risk in this case. It is different environmental area. from the Anglesea coalmine, which was a recent decision — a good one — by the government in This bill will protect the environmental values of the relation to an ongoing development and a mine that area, and future decisions in relation to the Bellarine delivered better environmental and planning controls. generally will be a matter on which this government The Port Bellarine tourist resort development was never will listen to the community and take appropriate commenced and there is no sovereign risk arising from action. With those few words, I commend the bill to the this bill. house.
In terms of leadership on this issue coming from the Motion agreed to. Greens, the question at issue here is whether or not leadership can in any way come from the Greens in this Read second time.
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Committed. will fully cover the state from actions that are repudiative in nature. Committee Mr TEE (Eastern Metropolitan) — Subsection (3) Hon. M. J. GUY (Minister for Planning) — I seek talks about whether or not the agreement is in force at leave to have Mr O’Brien join me at the table. the commencement of the act, so the question is whether the agreement is currently in force, whereas the Leave granted. original clause assumes that the agreement is in force. The DEPUTY PRESIDENT — Order! I advise the Is that the difference? committee that this bill has a preamble, and in Hon. M. J. GUY (Minister for Planning) — The accordance with the standing orders the preamble will change has been proposed to counter the legal action stand postponed so that its consideration will follow the that the proponent brought forward two days ago, and consideration of the clauses of the bill. in providing that clarity as stated this will, we believe, Clauses 1 to 4 agreed to. better reflect the original intent of the bill, which will bring the matter to a close. Clause 5 Mr TEE (Eastern Metropolitan) — It appears that Hon. M. J. GUY (Minister for Planning) — I move: the difference between the bill and this amendment to the bill is the suggestion that the agreement may not be 1. Clause 5, lines 14 to 17, omit all words and expressions in force. That appears to be the difference between the on these lines and insert — bill and this amendment, and I am asking whether that “(1) The Agreement is terminated. is correct — that what the minister is asking us to vote for in this change is a suggestion that the agreement (2) All rights and liabilities of the State and Grawin may not be in force, which is different to the provision Pty. Limited arising out of or in connection with currently in the bill. the Agreement are extinguished.
(3) Without limiting subsection (2), that subsection Hon. M. J. GUY (Minister for Planning) — That is applies whether or not the Agreement is in force at correct, because Grawin, the proponent, asserts that it is the commencement of this Act. not in force and we assert that it is.
(4) If the Agreement is not in force at the Mr TEE (Eastern Metropolitan) — Thank you, commencement of this Act, the termination of the Agreement is confirmed.”. Minister. Just to be clear then: the change is in response to the writ that has been issued in which Grawin Mr TEE (Eastern Metropolitan) — I just have a suggests that the agreement is currently not in force and couple of questions in relation to the amendment. The therefore this amendment is designed to pick up that current clause of the bill says that all rights and contingency? liabilities arising out of or in connection with the agreement are extinguished. That is the current Hon. M. J. GUY (Minister for Planning) — That is clause 5, which appears to be replicated in new correct. subsection (2). What appears to be different between Amendment agreed to; amended clause agreed to. the current clause in the bill and the minister’s amendment is subsections (3) and (4); is that correct? Clause 6
Hon. M. J. GUY (Minister for Planning) — That is Hon. M. J. GUY (Minister for Planning) — I move: correct. 2. Clause 6, lines 19 to 22, omit all words and expressions Mr TEE (Eastern Metropolitan) — So my question on these lines and insert — really is: what do subsections (3) and (4) in clause 5 “(1) The Crown lease is terminated. add? It is a bit unclear. (2) All rights and liabilities of the State and Grawin Hon. M. J. GUY (Minister for Planning) — The Pty. Limited arising out of or in connection with amendments will better reflect the original intent of the the Crown lease are extinguished. bill and will bring the matter to a close. Obviously a (3) Without limiting subsection (2), that subsection number of the amendments put forward respond to the applies whether or not the Crown lease is in force repudiation issue, and we believe these amendments at the commencement of this Act.
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(4) If the Crown lease is not in force at the Clause 9 commencement of this Act, the termination of the Crown lease is confirmed.”. Mr TEE (Eastern Metropolitan) — In terms of clause 9, can the minister inform us of the amount that Mr TEE (Eastern Metropolitan) — Again, I ask is standing to the credit of the management fund? whether the same logic is applied to clause 6 as applies to clause 5, meaning that the plaintiff in the litigation Hon. M. J. GUY (Minister for Planning) — I am asserts that the Crown lease has been terminated and informed that the amount is $1600. that therefore this purports to act on a scenario whereby the Crown lease has already been terminated and Clause agreed to. therefore designed to extinguish that claim. Clause 10 Hon. M. J. GUY (Minister for Planning) — The answer is yes. Mr TEE (Eastern Metropolitan) — The second-reading speech refers to an ex gratia payment. Amendment agreed to; amended clause agreed to; My question is: what does that ex gratia payment clauses 7 to 8 agreed to. cover?
Mr TEE (Eastern Metropolitan) — Sorry, I have Hon. M. J. GUY (Minister for Planning) — I am questions on clause 8. advised that legal fees and out-of-pocket expenses would be covered by the ex gratia payment. Clause 8 recommitted. Mr TEE (Eastern Metropolitan) — Is the minister Mr TEE (Eastern Metropolitan) — I thank the able to quantify that amount? house for its indulgence. I just want to explore the Port Bellarine Committee of Management for a moment. As Hon. M. J. GUY (Minister for Planning) — At this I understand it, the committee has been reasonably point in time the amount has not been determined, but I inactive. I do not think it has met for a considerable would say that a modest and minimal ex gratia payment period of time, but I do think it has a role in terms of the will be made to cover the out-of-pocket expenses that management of the area, its maintenance and its have been incurred to date. upgrade. I am just wondering what will happen now to the management of that coast? Mr TEE (Eastern Metropolitan) — The out-of-pocket and legal expenses? Hon. M. J. GUY (Minister for Planning) — I am informed that the Minister for Environment and Hon. M. J. GUY (Minister for Planning) — Yes, Climate Change will most likely assign the that is correct. responsibility to another committee — the Bellarine Bayside Foreshore Committee of Management, which Mr TEE (Eastern Metropolitan) — On another is next door. matter, is this clause intended to extinguish the constitutional right to just compensation? Mr TEE (Eastern Metropolitan) — Excuse my ignorance, but is that a committee of the council or a Hon. M. J. GUY (Minister for Planning) — I am statutory committee? informed that there is no Victorian constitutional right to just compensation. Hon. M. J. GUY (Minister for Planning) — We all learn something every day, including myself. This is a Mr TEE (Eastern Metropolitan) — I suppose I am committee established under the Crown Land trying to see how this clause sits alongside not a (Reserves) Act 1978. Victorian constitutional right but the federal constitutional right to just compensation. Mr TEE (Eastern Metropolitan) — Will the management of this land be consistent with the Hon. M. J. GUY (Minister for Planning) — The management of land in the surrounding area? federal constitution would not apply to a state constitutional act. Hon. M. J. GUY (Minister for Planning) — Yes, and it will also be consistent with the 2008 Victorian Mr TEE (Eastern Metropolitan) — To be clear, the coastal strategy. position, as you understand it, is that the federal constitutional provision in relation to just compensation Clause agreed to. would not apply to this Victorian legislation.
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Hon. M. J. GUY (Minister for Planning) — That is in effect, the taxpayer can be assured that he or she gets correct. value for money?
Mr TEE (Eastern Metropolitan) — Can I seek an Hon. M. J. GUY (Minister for Planning) — That explanation for that? It is a bit unclear to me as to how a will go through the normal Department of Treasury and federal constitutional provision in relation to just Finances processes, and it may feature in the DTF and compensation can be said to be excluded by state Department of Planning and Community Development legislation. annual reports.
The DEPUTY PRESIDENT — Order! I can see Mr TEE (Eastern Metropolitan) — Just to clarify, is that Mr Barber is anxious, but I am allowing people to the minister suggesting that any compensation or conclude a conversation and then I will call him. settlement that is payable will be itemised in either of those annual reports? Mr Barber — It might be unnecessary at that point, Deputy President. Hon. M. J. GUY (Minister for Planning) — That is a matter for the departments. According to normal DTF Hon. M. J. GUY (Minister for Planning) — The practice it may feature in those annual reports. federal constitution confers specific acquisition powers on the commonwealth Parliament, subject to paying Committee divided on clause: compensation which obviously in a Victorian circumstance would not apply, so the Victorian Ayes, 36 Parliament has been given the ability to make laws in Atkinson, Mr Lenders, Mr relation to this issue which would not come under the Broad, Ms Lovell, Ms Coote, Mrs Mikakos, Ms jurisdiction of the federal Parliament. Crozier, Ms O’Brien, Mr Dalla-Riva, Mr O’Donohue, Mr (Teller) Mr BARBER (Northern Metropolitan) — If I can Davis, Mr D. Ondarchie, Mr be of assistance, the federal constitution relates to Davis, Mr P. Pakula, Mr (Teller) actions taken by the federal government to acquire Drum, Mr Petrovich, Mrs property and similar rights. There is no provision in the Eideh, Mr Peulich, Mrs Elasmar, Mr Pulford, Ms state constitution requiring compensation on just terms. Elsbury, Mr Ramsay, Mr We have our own legislation that sets out the Finn, Mr Rich-Phillips, Mr requirements under which acquisition of property is Guy, Mr Scheffer, Mr undertaken. The only link between the two would occur Hall, Mr Somyurek, Mr Jennings, Mr Tarlamis, Mr when a different section of the constitution — the Koch, Mr Tee, Mr section providing for the federal government to make Kronberg, Mrs Tierney, Ms grants to the states where such grants are to fund Leane, Mr Viney, Mr projects that involve acquisition — is involved. In that Noes, 3 case an action by a state government might be dragged into the question of the federal right to fair terms. But Barber, Mr (Teller) Pennicuik, Ms (Teller) Hartland, Ms when the state government takes an action on its own, no such right exists except for the statutory rights laid Clause agreed to. out under the acquisitions legislation that we have. That is of great importance to you if you are living next to a Preamble agreed to. railway line or a super-pipe or some piece of federal Reported to house with amendments. infrastructure. Report adopted. Hon. M. J. GUY (Minister for Planning) — I thank Mr Barber for his far more eloquent constitutional Third reading interpretation. It is correct and assists in answering Mr Tee’s question. Hon. M. J. GUY (Minister for Planning) — I move:
Mr TEE (Eastern Metropolitan) — The government That the bill be now read a third time. has said it will make an ex gratia payment. Litigation has been initiated. As we know, in 90 per cent of cases I thank all members for their cooperation in passing this litigation is settled. Is there any assurance the minister bill in a fairly prompt manner and for the management can give that there will be a degree of transparency in of amendments in the chamber. I put on record my terms of the outcome of that litigation to the extent that,
WATER AMENDMENT (GOVERNANCE AND OTHER REFORMS) BILL 2012
1784 COUNCIL Thursday, 29 March 2012 appreciation of the Greens and the Labor Party for with at some length by members of all sides of politics assisting the government in this procedure. in the Assembly, I do not think there is any question from anybody — and I will say this in simple terms and Motion agreed to. get to addressing the one exception — about the argument that the best of what happened to Read third time. metropolitan water authorities for consumers is being extended to regional water authorities and consumer WATER AMENDMENT (GOVERNANCE rights. You can couch this in terms of better consumer AND OTHER REFORMS) BILL 2012 rights and greater clarity or you can couch this in terms of reducing red tape — you can put it under whatever Second reading heading you want.
Debate resumed from 15 March; motion of I have read through the bill end to end. I remember that Hon. G. K. RICH-PHILLIPS (Assistant Treasurer). by the time I received a briefing from the department and had read up to page 82, which is near the end of the Mr LENDERS (Southern Metropolitan) — I rise to bill, I was almost cross-eyed because of the amount of speak on the Water Amendment (Governance and information about amending section 98(1)(b) of the Other Reforms) Bill 2012 and indicate the Labor Party Water Act and taking other things out of other acts and will not be opposing the bill. trying to cross-reference those things. It is always a challenge. Essentially the details of the bill mean that The bill is fairly self-explanatory. The passing of this these things are harmonised and the best of both bill will mean that very good work will have been done systems have been brought together. in relation to governance, particularly by bringing the three water entities of City West Water, South East I congratulate the government on one area in particular Water and Yarra Valley Water under the Water Act from the point of view of those in regional Victoria, 1989. This policy process was commenced when Tim considering that there is an extension of consumer Holding, the member for Lyndhurst in the Assembly, rights. There is one area of this bill that I will talk to. To was the Minister for Water, and it has been continued an extent I am probably flagging, possibly and added to since Peter Walsh has been the Minister inappropriately — I am sure Mr Barber will not be for Water. It is something that we on this side of the peeved about it — an amendment that I believe house think is good public policy, and we are very Mr Barber will move. I read it in the Herald Sun, so it supportive of it. is probably quite okay to say so. I speculate that an amendment might be moved by the Greens political Part of the reason for our support of this bill is that it party, and if it were to be moved, the Labor Party will removes the unnecessary complication of one set of support that amendment. governance rules applying to all of the other water authorities in the state and a second lot applying to the The matter goes to the morphing or merging of three corporate law water entities in Melbourne. It is consumer rights in the metropolitan area so that they sensible public policy, it reduces red tape, it adds are extended to consumers in rural areas, which I do not certainty and it clarifies a whole range of things. We are believe anyone would be critical of. One aspect of the fully supportive of that, and we are also delighted that harmonising has been an ability for metro water Mr Walsh has proceeded with this bill, because clearly authorities to charge interest on the late payment of it makes any potential privatisation of those water water bills, which was not there before. Whether that is authorities — despite there being a constitutional ban appropriate is a policy matter. When we were in on that — far more challenging. Those authorities are government Labor certainly applied such a regime to no longer company corporate law entities; they are the electricity and gas companies. The amendment that under the Water Act. We give full support to the a number of consumer groups have suggested is exactly minister for implementing a good policy. Without what I predict Mr Barber will move and, as I indicated, talking about its parentage, I can say that members if he does, the Labor Party will support that from both sides of politics agree that the policy is good. amendment.
The second part of this legislation — and I will refer to I got a very good briefing from officers of the it positively although there is one exception, which I Department of Sustainability and Environment. Again will come to shortly — is about the unquestioned people in the office of the Minister for Water gave me improvement in consumer rights. Without taking the information I sought and in fact additional members of the house through issues that were dealt information. Given the size of the bill, I did not pick up
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Thursday, 29 March 2012 COUNCIL 1785 that defect in the briefing. In fact from the briefing I Mr Lenders — It is a good bill, so it is easy to say thought there was no diminution of consumer rights. that. Clearly there was a misunderstanding in that briefing process. Once the consumer groups drew the matter to Mr RAMSAY — I am pleased that Mr Lenders has my attention we in the Labor Party had a discussion said that. I agree that it is a good bill, and on that basis I about it, and we consider the suggested amendment to am very happy to speak to it. be a worthy one. Having said that, we will support the amendment, and we hope that the government will as The purpose of the bill, as Mr Lenders has said, is to well. convert the three Melbourne water retailers — City West Water, South East Water and Yarra Valley Water, We need to see the bill in the context of what it is. It is which are three special purpose Corporations Act 2001 good legislation. As a general rule it extends consumer companies — into statutory bodies and migrate them rights. It puts in place a similar regime for all water from the Water Industry Act 1994 to the Water Act authorities across the state, which is very good. In my 1989, under which all the other water corporations are role as shadow Minister for Water, it is interesting to established. In essence, it is a move from a company note when reading annual reports, attending briefings law structure to a statutory body structure. and the like that the fact that different authorities are under different legislation makes it complicated. The The provision of retail water and sewerage services is fact that they are being brought under the one act will currently regulated under two acts, the Water Act 1989 make the process easier for any consumer, advocate or for regional Victoria and the Water Industry Act 1994 anybody else who wishes to engage with a water for Melbourne. While the two acts provide the powers authority, so full marks to the government for that. to both function and operate, that has made it difficult to provide uniform water services across Melbourne Full marks also go to the government for increasing and regional areas. The bill simplifies the current consumer rights for those covered by the regional water arrangements in Victoria by unifying the incorporation, authorities. Again, as I said, this is good policy that governance and regulatory arrangements that apply to stretches across two governments. I congratulate the state’s 19 water corporations under the Water Act Mr Walsh, the Minister for Water, on doing this, but, as 1989. The bill establishes three new statutory I said, the bill can be improved by extending to the corporations and provides a whole-of-business transfer metropolitan water users what happens with interest from each retailer to the relevant new water charged by the electricity and gas companies. Currently corporation. Vested rights, property and assets will the regional water authorities can take assets for travel into the new corporation, along with any debts, non-payment, but now the Essential Services liabilities and obligations that exist before conversion. Commission will be able to set an interest rate. Again, it is good public policy but it does take one right from As Mr Lenders pointed out, the bill humanises the urban water authorities that could be rectified by the provisions of the act on the recovery of debt by proposed amendment. removing the powers of a corporation to cut off a person’s drinking water if they have not paid their bill. The Labor Party does not oppose the bill. It is This is a reflection of the community’s view that water complimentary of most of the policy of the bill but is life’s essential requirement. I say that with some considers that the bill can be improved by the experience. One of the real strengths of people foreshadowed amendment. representing their regions and electorates in this house and the other house is that they bring life experience to Mr RAMSAY (Western Victoria) — It gives me the chamber and share their experiences. I suspect that I great pleasure to stand to speak on the Water am one of few in this house who rely on tank water to Amendment (Governance and Other Reforms) Bill provide for life’s essential needs. I suspect that turning 2012, which amends the Water Act 1989. The Baillieu on a tap for water would be the only knowledge many government is committed to keeping Victoria’s water in this house, particularly those on the opposition utilities in public ownership. I acknowledge benches, would have about accessing their water. Those Mr Lenders’s contribution. He is fully supportive of from a rural area certainly know the importance of this bill and in fact said words such as ‘sensible’, water — both water availability and water security. ‘supportive’ and even ‘delighted’ and ‘good policy’. It is a refreshing change from some of the commentary I remember well the many droughts that I and my we have heard during debate on other pieces of family have had to endure over the years, as have many legislation that this government has brought to this others in rural areas. I refer to 1982–83 when we ran house. out of water and had to cart water. We ran out of water
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1786 COUNCIL Thursday, 29 March 2012 for our stock and many of them perished. For many went on during the installation of the north–south years we fought for some security and sustainability of pipeline, both in the community engagement by water water access, not only for our own properties but the authorities and those compulsorily acquiring land to lay region, so I consider water particularly important when pipe for that particular water project. It also provides a we are talking about not only providing sustainable balance between Victorians’ right to privacy and the access to it but also humanising the costs associated water authorities being able to enforce water laws and with it and the legislation that applies to those who carry out their statutory functions. This is important, cannot afford to pay for their water or are just cut off, particularly in rural and regional areas where which many of us have had to endure during many land-holders are very sensitive to their rights to privacy droughts in country areas. We measure our water and their rights to deny access to persons coming on security by how many rungs we have on a tank. I can their land unless they have a reasonable claim to do so. assure members that when the tanks are empty in It gives some protection to the private citizen. droughts that is certainly a time to reflect on the importance of a very important resource. Under this bill regional Victorians will finally enjoy the same rights as Melbourne water users. A review can be I make that point on the basis that in debating this bill sought through the Victorian Civil and Administrative we are talking about removing debt recovery powers Tribunal of decisions by water corporations regarding that include the ability of water corporations to cut off connections and discharges of works by the the lifeblood of water to households that for a range of corporation. Uniform laws will now extend across reasons have not had the capacity to pay or respond to Victoria for people to seek compensation through calls for payment. VCAT for negligent or intended sewage spills from a water corporation’s works. This bill is starting the The debt recovery powers are being removed from the reform process of removing red tape in the water sector act. In the case of regional Victoria the bill repeals and the move to uniform, contiguous districts statewide provisions whereby a continuous debt over three years to help provide greater certainty for planning and to would have resulted in forced asset sales by a water meet the needs of all Victorians’ water and sewerage corporation, and if a landlord owed money to a regional needs, rather than the sort of ad hoc planning that was water corporation, then the water corporation could the hallmark of the previous government’s water require the tenant to pay rent to the water corporation to planning policy. satisfy the landlord’s debt. To my mind that was totally unjustified and unfair in relation to collection of debt. It The bill also removes myriad by-laws that currently was a very draconian punishment. regulate trade waste, water supply and sewerage services in the act. That will streamline the making of The government is mindful that some water users do regulations to cover those services. In essence this bill not fulfil their financial obligations, and rather than removes the heavy-handed approach of the powers of socialise the debt burden across the whole community, the corporations, makes all water authorities public the Water Act will retain two debt management powers, statutory bodies, provides repeal process mechanisms being the ability to charge interest on unpaid moneys for private citizens and will require water corporations and provide that debts accrued to a water corporation and catchment management authorities to give property are protected by a charge on the land they relate to. The owners or tenants seven days notice before entering Essential Services Commission, through customer land. service codes and consultation with the community, must provide a balance of appropriate powers that is In closing, providing transparency, accountability and sensitive to those facing financial hardship and protect fairness is a hallmark of the Baillieu government, again the financial capacity of the water corporations. In the delivered through this bill. I commend the bill to the past we have seen a socialisation of cost to all water house. users which reflects the increase in charges and the push to debt recovery. Under these two new powers we Greens amendment circulated by Mr BARBER will see more human and fair responses to debt (Northern Metropolitan) pursuant to standing recovery. As I said, the interest applied and debt orders. recovery must be fair and reasonable to both the provider and the user. Mr BARBER (Northern Metropolitan) — The amendment will ensure that penalty interest cannot be The bill introduces new requirements for water charged on residential consumers of water by existing corporations’ personnel entering residential land, city-based water authorities, as has been the current removing the possibility for the sort of thuggery that
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Thursday, 29 March 2012 COUNCIL 1787 law, and will extend that opportunity to rural water plant. It is interesting that members opposite do not authorities as well. understand it. What we did was we got the best deal: what was right for Victoria, what was right for families Business interrupted pursuant to standing orders. and what was right for Holden employees. Richmond: urban renewal project QUESTIONS WITHOUT NOTICE Mrs COOTE (Southern Metropolitan) — My GM Holden: government assistance question this afternoon is for the Minister for Planning, and I ask: can the minister inform the house about any Hon. M. P. PAKULA (Western Metropolitan) — new plans for inner city urban renewal that have been My question is to the Minister for Employment and approved by the Baillieu government? Industrial Relations. Yesterday the minister refused to reveal the quantum of the Victorian contribution to the Hon. M. J. GUY (Minister for Planning) — I thank $275 million Holden rescue package. Will the minister my colleague Mrs Coote for a question on another now confirm, as the Premier’s office did yesterday, that fantastic urban renewal opportunity in Melbourne’s the Victorian contribution to the Holden rescue package inner city that the Baillieu government has brought is more than $10 million? forward through the amendment process stage. The former GTV 9 site in Richmond is in Northern Hon. R. A. DALLA-RIVA (Minister for Metropolitan Region, which is my electorate and that of Employment and Industrial Relations) — I thank the Mr Ondarchie. This site represents a huge opportunity member for his question. I am disappointed the shadow for urban renewal on the doorstep of our CBD, with minister for manufacturing could not ask that question. 550 new dwellings on a large site. The government will I responded to the specific question yesterday, and I add heritage mechanisms to protect some of the advise the member to look at the answer I provided fabulous old buildings on the site, such as the Wertheim yesterday. As a part of that, we have provided more. piano factory, built in 1909, which is now the iconic Supplementary question GTV 9 Television City building that many Melburnians are aware of. Hon. M. P. PAKULA (Western Metropolitan) — As I indicated in the principal question, the Premier’s Like all of us in this chamber, President, you know office told a journalist yesterday that the amount was about some of the fabulous programs that history has more than $10 million, but the commonwealth said it is associated with that site. I will not go into any great $10 million, Holden said it is $10 million and in a detail, but this includes programs such as Hey Hey It’s statement tabled in the South Australian Parliament the Saturday, which included Red Faces, Plucka Duck and South Australian government said the amount from other great segments. Sale of the Century, Nine News Victoria is $10 million. If the minister’s government is and Graham Kennedy’s In Melbourne Tonight were saying it put in more than $10 million, who got the rest? also produced there. It is a fabulous site with much history. Hon. R. A. DALLA-RIVA (Minister for Employment and Industrial Relations) — This is the Mr Jennings interjected. stupidity of members opposite. There was a very clear Hon. M. J. GUY — I know Mr Jennings is a explanation yesterday. thespian at heart, so no doubt he has some interest in Mr Viney interjected. the site.
Hon. R. A. DALLA-RIVA — There were three The redevelopment at the site is consistent with panel parts, Mr Viney. The first part was about the research recommendations of a maximum of 8 storeys. We and development componentry, which we hold very believe this will produce a value-add for Melbourne on dear in Victoria. The second part was about the supply the doorstep of our city. Do not forget that this urban chain. If Mr Pakula looked at the document which he renewal is all about jobs, it is about investment and it is refers to, he would see that in South Australia there are ready to go. That is why the Baillieu government has contributions from the Victorian government and the facilitated that amendment to bring forward federal government — and guess how much the South $200 million worth of development, 400 construction Australian government contributed? Zip. We jobs and 30 permanent jobs on the site, not to mention understand the importance of the supply chain. The the support, convenience and flow-on retail third part, as I explained yesterday, was the engine
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1788 COUNCIL Thursday, 29 March 2012 employment that will come from the Lend Lease Hon. W. A. LOVELL — Does the member want GTV 9 development, a great urban renewal proposal. the answer or does she want to just yell at me? The government is putting together a comprehensive I find it interesting that the shadow Minister for response to the vulnerable children’s inquiry. That will Planning is questioning the merits of the project, be tabled when it is ready, and it will have the considering that I have just mentioned it will create responses to all those questions. 400 construction jobs. I have also mentioned retail jobs and flow-on commercial jobs. I just mentioned the skit Supplementary question Red Faces, which I suspect Mr Tee may now be a contestant on for the second time. Ms MIKAKOS (Northern Metropolitan) — I am still waiting for the minister to accept responsibility for In conclusion, this is a fabulous urban renewal the fact that there are recommendations in that report opportunity. It represents hundreds of millions of that directly relate to her portfolio responsibilities. It is a dollars worth of investment in Melbourne. At this time, good thing the Premier has now advised me that the in that part of the city, it will serve us well. It represents minister is a member of the relevant cabinet a great urban renewal opportunity for Melbourne’s subcommittee. I draw attention to recommendation 7 in inner north-eastern suburbs, which are represented by this report, which calls for an increased investment in Mr Ondarchie and me. This wonderful question was maternal child health and enhanced maternal child asked today by Mrs Coote. This government stands by health services. Does the government intend to increase urban renewal. We believe urban renewal is not only investment in these invaluable and much-needed good for our city’s growth but also good for job growth. services? That is why we are getting on with the job of facilitating urban renewal throughout metropolitan Hon. W. A. LOVELL (Minister for Children and Melbourne. Early Childhood Development) — I would have thought that the shadow minister would have learnt by Maternal and child health: government support now that I am not going to give her any early drops before budget day. Ms MIKAKOS (Northern Metropolitan) — My question is for the Minister for Children and Early Carbon tax: hospitals Childhood Development. Recommendation 7 of Report of the Protecting Victoria’s Vulnerable Children Mr FINN (Western Metropolitan) — My question Inquiry stated that the department should: without notice is directed to the Minister for Health, who is also the Minister for Ageing, and I ask: can the examine the capacity of local governments in low minister inform the house of how food in Victorian socioeconomic status areas to provide appropriate maternal hospitals will be impacted by the commonwealth’s and child health and enhanced maternal and child health services, consistent with the concentration of vulnerable carbon tax? children and families. Hon. D. M. DAVIS (Minister for Health) — I thank Will the minister guarantee that the KPMG review into the member for his question and note his longstanding the enhanced maternal and child health service program concerns about the impact of the carbon tax on will not lead to either the program being scrapped or the Victorian industry and activity across the Victorian eligibility criteria for the program being narrowed? economy. One area that will be impacted by the carbon tax is hospital food. It will become more expensive to Hon. W. A. LOVELL (Minister for Children and produce hospital food. Hospital kitchens are big users Early Childhood Development) — The Baillieu of gas and electricity, both of which will cop the carbon government values the Victorian universal maternal and tax. This will be a tax on hospital food, an additional child health service, a service that was, I believe, tax on the dinners and lunches that are served in public established under a former Liberal government and has hospitals across the state. Private hospital food will also continued to this day. It is a very valuable program. All be impacted by the carbon tax that is going to be decisions about financing for programs will be introduced by Prime Minister Gillard on 1 July. announced on budget day, but the shadow minister specifically asked about a recommendation from the The carbon tax will cause increased costs for the public vulnerable children’s report. As I have explained to her sector, estimated to be just over $300 000 in extra costs many times in question time, the government is putting by 2013 to $550 000 in extra costs by 2020. There will together — — be a steady increase in the additional costs, over and
Ms Mikakos interjected.
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Thursday, 29 March 2012 COUNCIL 1789 above the costs of producing food that apply today. Hon. D. M. DAVIS — On the point of order, That will be directly as a result of the cost — — President, this is not a report to Parliament; it is modelling that has been done by the department. It will Mr Jennings interjected. be released publicly in due course. There is more work to do, and there is more to discuss in this chamber. We Hon. D. M. DAVIS — Mr Jennings, let me be very are just taking it step by step. clear here — — Hon. M. P. Pakula interjected. Ms Broad — On a point of order, President, the minister has again referred to a very specific set of Hon. D. M. DAVIS — I know it is sensitive and I figures, and I ask him to provide the source of those know it hurts Mr Pakula, but you support the carbon tax figures to the house. on hospitals and on air ambulances — —
Hon. D. M. DAVIS — I am happy to tell the The PRESIDENT — Order! It is interesting. I will member that the figures come from work that has been review what the Speaker’s ruling was; I am fascinated. done by the department. They will be made available to I have some sympathy with what is reported to me as the house in good time, and I will allow the house to being the Speaker’s position in a previous question time follow this very closely. I know we have quite a deal in the other place in the sense that I think there is a need more to do on this. There are a number of other areas to show courtesy to the house in terms of referencing throughout the health system. Air ambulances are being material that is relied on in answers and, wherever hit — — possible, to have that information made available to members at the earliest time so they can be both Mr Jennings — No-one believes you. informed and able to contribute to debate or to seek Hon. D. M. DAVIS — I know Mr Jennings is not further information in respect of matters covered by concerned about the impact of the increased costs those reports. associated with the carbon tax on the health system, but I understand that this report is not necessarily required I am. The air ambulance service is going to be hit very to be tabled in Parliament; it is a report that has been hard. Cemeteries will be hit hard, and food in hospital sought by the minister. I am not sure whether the kitchens will be hit hard. authors of the report are consultants or departmental Mr Leane — Further to Ms Broad’s point of order, officers, whether or not it has been a President, I am unclear as to whether the minister has cabinet-in-confidence document or whether it has some agreed to table the document. other status, but I am certainly encouraged that the minister says he will make the report available in due The PRESIDENT — Order! The minister has not course. Rather than drip-feeding talk about costs agreed to table the document, nor was he asked to do so associated with the carbon tax for health services, by Ms Broad. Ms Broad sought to find out what the perhaps the global figure might be of greater interest source document was, and the minister has indicated and import to members of the house and indeed the that it is a report prepared by his department. Whether public than a step-by-step process in that sense. or not that is an adequate description of the report is perhaps a matter we might have a discussion about, but At any rate, I will look at the Speaker’s ruling and the minister was not asked to table it. He has certainly consider whether or not, if there are further questions of indicated that it will be tabled in due course. this nature, I should come to a similar view.
Hon. D. M. DAVIS — No, I did not say that. Hon. D. M. DAVIS — As I have indicated to the house, the impact of the carbon tax will be felt across a The PRESIDENT — Made available in due course. range of areas in our health system. I have to say that the impact on hospital food will be significant. There Hon. M. P. Pakula — On a point of order, will be more costs because, as I say, hospital kitchens President, earlier this week in the other place the use large amounts of electricity and large amounts of Speaker ruled out a Dorothy Dixer to the Minister for gas. Hospital food is transported around the Environment and Climate Change because he was countryside. A lot of precooked food is moved from speaking about a report that had not yet been tabled. It one kitchen to finishing kitchens in our major hospitals was described by the Speaker as a gross discourtesy to and in smaller hospitals as well. I might add that this the Parliament, and he ruled the question out of order will impact on nursing home costs as well, as the on that basis.
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1790 COUNCIL Thursday, 29 March 2012 additional costs are sheeted home through the carbon Learn Local: funding tax to those who are trying to operate facilities — — Mrs PETROVICH (Northern Victoria) — My Mr Jennings — No-one believes you. question is to the Minister for Higher Education and Skills, who is also the Minister responsible for the Hon. D. M. DAVIS — If Mr Jennings does not Teaching Profession, Mr Hall. Can the minister advise believe the carbon tax is going to increase the cost of the house of the latest round of capacity and innovation electricity and gas, he is in Noddyland. If he does not grants for Learn Local organisations? think it is going to put up the cost of food in hospitals and other services, he is in Noddyland. If he does not Hon. P. R. HALL (Minister for Higher Education think it is going to have an impact on air ambulance and Skills) — I thank Mrs Petrovich for her question. services right across the spectrum, then I have to say She is referring to some very fine capacity and that I think he is out of touch and it is time he got in innovation grant programs managed by the Adult, touch with what is going to happen with this carbon tax Community and Further Education Board. There were and the impact it will have across our health system. two rounds of those during the course of 2011, and The impact is going to be quite severe. something of the order of $8 million was distributed among the 320 Learn Local organisations we have Ordered that answer be considered next day on throughout the state. Members would be pleased to motion of Ms BROAD (Northern Victoria). know that currently round 3 grants are being announced. In round 3 of the grant program a total of Higher education: TAFE funding $2.3 million will be shared among 61 successful Learn Mr LENDERS (Southern Metropolitan) — My Local organisations that have applied for grants. question is to the Minister for Higher Education and Just last week I announced the first of those when I Skills, Peter Hall, and I ask: in the last six months has travelled to Broadmeadows and met people at the the government been required to forward or advance Banksia Gardens Community Centre. In partnership funding to any Victorian TAFE institute with an with two other organisations in that area, West Gate operating deficit? Community Initiatives Group and Homestead Hon. P. R. HALL (Minister for Higher Education Community and Learning Centre, Banksia Gardens and Skills) — In respect of the question from Community Centre received a grant of just under Mr Lenders, there is no TAFE institute in Victoria that $150 000 through this program to work with local is in a financially difficult position whereby we have businesses in the Broadmeadows area to develop had to give it extra money. We talk constantly to TAFE tailor-made training programs fit for purpose for institutes and assist in the timing of payments to enable businesses in the local areas those organisations serve. them to meet their financial obligations. This was a much-welcomed grants program, and I think the people at the Banksia Gardens Community Centre Supplementary question and in those two partner organisations are doing a mighty fine job in providing community support for Mr LENDERS (Southern Metropolitan) — I thank businesses and people in the Broadmeadows area. Mr Hall for his answer. My supplementary question is: can the minister confirm that at least one central On Monday, when cabinet was in the outer east Victorian TAFE has experienced severe difficulties, meeting in Monbulk, I had the opportunity in the and is it government policy not to support a TAFE with afternoon to travel down to Mount Evelyn to meet with severe financial difficulties? Morrisons, one of the largest providers of adult education in the outer east. I was able to announce for Hon. P. R. HALL (Minister for Higher Education Morrisons a grant of $47 290 to assist with the and Skills) — We are committed to supporting TAFE establishment of local social enterprises. This fits neatly institutes right across the state. Without naming it, with the profile of Morrisons, which provides some Mr Lenders refers to a particular TAFE in regional very important community services and education to Victoria. I can confirm that to assist it to meet its people in the outer east. I am sure members will be current financial obligations, the timing of some happy, as the occasions arise over the next few weeks, payments has been advanced to ensure that it is able to to assist and visit their Learn Local organisations and meet them. will welcome the program grants, which are, as I said, in this round going to be distributed among 61 Learn Local organisations.
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The PRESIDENT — Order! Further on behalf of the Baillieu government has announced Mr Pakula’s point of order, I am advised that the funding going forward. My supplementary question is: context in which the Speaker made the ruling given that the $471.5 million is being taken out, and Mr Pakula referred to is that there was a statutory report given that this is a decision of a board to which that was required to be tabled in the Parliament and that Mr Rich-Phillips can give directions, will he undertake a government backbencher asked a question regarding to continue funding Netball Victoria and the Victorian details of that report before it had been tabled. In that country football association at the levels promised by context I would have made a similar ruling to that made Mr Delahunty? by the Speaker, because it would be a discourtesy to other members of the house and inappropriate for that Hon. G. K. RICH-PHILLIPS (Assistant report to be the subject of a question without other Treasurer) — I thank Mr Lenders for his supplementary members having knowledge of it. I hasten to say now, question. I first go to the claim Mr Lenders makes though, that the report Mr Davis referred to — which about the government taking $471 million out of he had sought in terms of obtaining information on WorkCover, as if this is a payment being taken out in what costs a carbon tax might result in with respect to the current financial year. As the opposition well various services for which he is responsible — would knows, and as Mr Lenders well knows, that figure of not fall into the same category. Therefore I would not $470 million is across the forward estimates period. It is reach the same conclusion on this point of order. a four-year figure; it is not a single-year figure. The government believes this will not have an impact on the WorkSafe Victoria: dividends operations of the Victorian WorkCover Authority. The decision around individual sponsorships and around Mr LENDERS (Southern Metropolitan) — My individual campaigns is a matter for the VWA board. question without notice is to the Assistant Treasurer, Mr Rich-Phillips. Given the Baillieu government is Aviation industry: training services withdrawing $471.5 million out of the Victorian WorkCover Authority, will the minister make the Mrs PEULICH (South Eastern Metropolitan) — unequivocal commitment that the funding from My question without notice is directed to the Minister WorkCover for Netball Victoria and the Victorian responsible for the Aviation Industry, and I ask: can the Country Football League will continue? minister update the house on recent developments in Victoria’s aviation education sector? Hon. G. K. RICH-PHILLIPS (Assistant Treasurer) — I thank Mr Lenders for his question and Hon. G. K. RICH-PHILLIPS (Minister his interest in this issue. The government has indicated responsible for the Aviation Industry) — I thank that its decision to seek a dividend from the Victorian Mrs Peulich for her question and for her interest in this WorkCover Authority will not have an impact on important aspect of education in Victoria. Yesterday I premiums or on the operations of the authority in terms was able to speak in the house about one of the of the activities it undertakes in delivering rehabilitation opportunities for pilot training in Victoria in coming and compensation to injured workers or of course its years — the AIR 5428 contract for the Australian continued good performance in terms of reducing Defence Force. premiums for employers. As to the individual programs which may or may not be funded by the Victorian Pilot training is not the only area of the aviation WorkCover Authority, similarly to programs which industry where Victoria is leading the way in providing may or may not be funded by the Transport Accident training services. One of the great leaders in this area Commission, as Mr Lenders would appreciate, that is a over the last two decades has been Swinburne matter for the board of the authority. University, which along with RMIT has introduced a range of innovative programs for aviation education. Supplementary question Swinburne has just celebrated 20 years of providing aviation education in the pilot training area and also Mr LENDERS (Southern Metropolitan) — I accept across a range of other disciplines related to aviation. that Mr Rich-Phillips says it is a matter for the board, These include training programs around engineering, but if he goes back to March last year, he will see that aviation management and aviation planning and his colleague Mr Delahunty, the Minister for Sport and development. We now have in Victoria the capacity to Recreation, took great joy in announcing a commitment offer a full suite of training programs relevant to from the WorkCover authority going forward to fund aviation disciplines, which positions the state well in Victorian country football. While Mr Rich-Phillips says attracting international education students. it is a matter for the board, his ministerial colleague on
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Last week I was delighted to visit Swinburne’s campus Supplementary question in Hawthorn to officially open its new aviation simulation laboratory. The introduction and the use of Mr LENDERS (Southern Metropolitan) — I thank simulation technology in aviation is not new; it is Mr Rich-Phillips for his quick thinking about the something that has been used extensively for a number Auditor-General, but he did not mention the Treasurer of years, and in Victoria we have a number of or the Secretary of the Department of Treasury and companies that are providing very good aviation Finance. I will rephrase the question without simulation products in a training environment. What is mentioning the Auditor-General. Given that his leader unique about what Swinburne is doing with its new and deputy leader have said there will be no pre-budget aviation simulation laboratory is that it is using it as a announcements, what actions will the Treasurer and the research facility rather than as a training facility. secretary of the department take to stop any leaks or other announcements by the Premier or any other The purpose of the aviation simulation laboratory is to minister? give postgraduate students at Swinburne an opportunity to undertake research into issues such as human factors, The PRESIDENT — Order! Mr Rich-Phillips fatigue and the way in which adverse weather affects obviously answered the previous question, and I will aviation operations. The facility consists of a new fixed certainly allow him the opportunity to answer this one wing flight simulator and a new rotary wing flight as well, but I suggest that Mr Lenders is seeking simulator, and it will be used by postgraduate students speculation or asking the Assistant Treasurer to advise to undertake a lot of innovative research into what the Treasurer is thinking or what the Treasurer is particularly the human factor areas around aviation going to do. I am not sure that that is necessarily a operations, which simply has not been possible in the question he is competent to answer in one respect. past. This is a further strengthening of our capacity in Nevertheless, I will let the minister respond to the aviation training and research in this state, which question. positions Victoria as the leading state for aviation training provision in Australia. Mr Jennings — He did not mean that as a backhander, by the way. Budget: announcements The PRESIDENT — Order! No, he is indeed a Mr LENDERS (Southern Metropolitan) — It is competent minister, but this is a question that goes to clearly Mr Rich-Phillips’s day, because my question is the Treasurer, I would have thought. also to Mr Rich-Phillips in his capacity as Assistant Hon. G. K. RICH-PHILLIPS (Assistant Treasurer. I refer Mr Rich-Phillips to the response by Treasurer) — I thank Mr Lenders for his supplementary his leader, Mr Davis, to a question from Mr Jennings on question, but it raises the question in my mind of Tuesday and the response by his deputy leader, Mr Lenders’s obsession with leaks. I can only wonder Ms Lovell, to Ms Mikakos today, which said that all what the process was for his budget when he was budget announcements would be made on budget day preparing budgets in the last few years. If Mr Lenders and not to expect any earlier. It is an admirable policy, as Treasurer had to put processes in place to ensure that but I ask Mr Rich-Phillips: what procedures will the his Premier did not leak the budget, that is more an Treasurer, the secretary of the department and the issue for the previous government than it is for this Auditor-General put in place to stop the Premier or government. As I said before, the budget will be other ministers announcing some of them early? released on budget day, and we will then all see the Hon. G. K. RICH-PHILLIPS (Assistant content. Treasurer) — I thank Mr Lenders for his interesting question. I can tell Mr Lenders that the government Children: developmental dysplasia does not intend to direct the Auditor-General about Mr RAMSAY (Western Victoria) — My question anything to do with the budget. That might have been is to the Minister for Children and Early Childhood the practice of the previous government with respect to Development, the Honourable Wendy Lovell. I ask: can the Auditor-General’s consideration of the budget the minister inform the house of how the Baillieu estimates, but it is not this government’s approach to government is educating new parents on the threat of the Auditor-General’s consideration of the budget developmental dysplasia and how it can be prevented? papers. As to the content of the budget, we will see that on budget day. Hon. W. A. LOVELL (Minister for Children and Early Childhood Development) — I thank the member for his question. Developmental dysplasia of the hip, or
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DDH, is the fifth most commonly reported birth defect. water rights that it was not paying for, so that was more It can necessitate surgical correction or, if not corrected, of a bulk water charge; for South Gippsland Water it can lead to a limp or arthritis later in life. Recent was $3500; for Wannon Water it was $130 000; and for research has identified a direct link between the tight Westernport Water it was $34 000. wrapping of babies and increased incidence of DDH. While the natural instinct is often to tightly wrap a baby We do not know, because the government has not told in order to settle them, it is important that parents wrap us much about it, how much this latest cash grab newborns carefully so their legs are not restricted in any involving city water authorities might run to. However, way. I have been able to do some brief calculations using the annual reports of those three urban water authorities, In response to the growing recognition of this danger particularly in the notes to the accounts which talk the Victorian government provided the Royal about what is called the ageing analysis and impairment Children’s Hospital with $34 000 to develop a new detail of receivables. Receivables, I am assuming, is online video, which shows parents safe wrapping mostly water bills that are past due. techniques. The chief of paediatric surgery and director of orthopaedics at the Royal Children’s Hospital, For Yarra Valley Water that is $24 million worth of Associate Professor Leo Donnan, led the project, and I receivables that are between 1 and 16 days overdue; congratulate him and his team. The product is a quick, $14 million between 17 and 60 days overdue; easy way for parents to learn the best ways to wrap $1.9 million between 61 and 90 days overdue; babies in a way that does not impact on the baby’s $3.8 million between 91 and 180 days overdue; and natural growth. The video for parents is available on the beyond 180 days overdue there is $5.8 million Royal Children’s Hospital website, and I encourage outstanding. Put that together with the two other water every new parent to watch this short video. authorities, South East Water and City West Water, and one might estimate that if penalty interest charged at a rate of 1 per cent per month was to be put on all those WATER AMENDMENT (GOVERNANCE outstanding receivables, the three authorities could be AND OTHER REFORMS) BILL 2012 looking at an extra $850 000 a year out of our pockets, into their balance sheets and quite possibly from there, Second reading as dividends, back to this cash-strapped state government that is not at all shy about who it taxes and Debate resumed. which taxes it jacks up.
Mr BARBER (Northern Metropolitan) — What we For car registration the government seems to have got have heard is that the Labor Party is delighted about away scot-free with only a day’s news; public transport this bill, and Mr Ramsay on behalf of the Liberal Party, fares have been jacked up 8.6 per cent, and the Greens who in past lives would have gone apoplectic on any have a bill before this house to address that; and issue of water, says that this is wonderful and great and looking at its last half-yearly financial report, it is pretty that there is nothing to see here. For the most part that is clear that the government is in even more trouble than it true, except in relation to one aspect, and that is the is telling us. I am guessing that the shocker of the state not-so-trumpeted provision in the legislation that gives budget in May will be more taxes and more city water authorities a chance to charge penalty interest increases — particularly targeting cost of living areas on people who pay their bills late. which the government said a lot about in opposition but now is not shy about getting into. This was always the case in relation to country water authorities. By a question on notice I managed to find The government thinks it has got off scot-free with the out information about that a year or so ago. What I light treatment it got when the Treasurer announced his found was that country water authorities, both retail and mini-budget with all those tax grabs in it. This increase bulk, charge anything between 10 and 12.5 per cent is much more hidden, and we have heard this morning interest on late bills and have brought in some both government and opposition speakers saying that significant amounts associated with that. For Central they are not worried about it, it is okay and they are not Highlands Water it was worth $97 000; for East shy about it. But it is of concern, and I acknowledge Gippsland Water it brought in nearly $16 000; for what the government has said — that all the other Goulburn-Murray Water it was $854 000; for Goulburn aspects of consumer protection that have been available Valley Water it was $90 000; for Lower Murray Water in the past, and some more, have been added in this it was $350 000, noting though that that included new legislation to these authorities under a new Timbercorp, which went into receivership with various jurisdiction. Penalty interest is the outstanding issue that
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1794 COUNCIL Thursday, 29 March 2012 no-one seemed to want to talk about and no-one even the department and its long-running agenda, to expand knew about until the Greens sussed it out and the coverage of penalty interest rates. mentioned it to the Herald Sun. It could be a significant amount of money, particularly Both sides have said that the consumer protection in the context where this government is trying to grab framework for water users is very good, it is very every cent it can and is not too fussy about whom it moderate and it is very caring and sharing. However, jacks up taxes and charges on. It could significantly add there is another way of looking at this, and that is to to the financial distress of those in this situation to face look at the lost revenue from those in financial distress 1 per cent per month interest. That is why country who are unable to pay their bills. The head of Yarra consumers will be pleased to hear — although Valley Water notes that it loses around 0.65 per cent of Mr Ramsay may be disappointed to find that he is all revenue to bad credit. It is a tiny proportion, and that going to have to vote against it — about an amendment is used as an argument to say that there is no big put forward by the Greens that removes the application problem here. of penalty interest on residential customers in both country and city areas. That is our major objection to In fact there is another way to look at it, and that is that the bill. people, no matter what their circumstances, will pay their water bills. You may do without electricity, you Mr Ramsay interjected. may do without food or other forms of day-to-day needs, but you will never stop paying your water bill Mr BARBER — Mr Ramsay interjects somewhat because once you have lost water to your property you sotto voce that it is better than having the water cut off. are completely stuffed. With such a clear credit I do not believe we should be cutting the water off, and performance, despite the fact that water authorities have I also do not believe we should be reducing the water to to serve every customer in their areas regardless of a a trickle, as has been the case in some jurisdictions person’s credit history, there is a tiny rate of default. when they try to get somebody to pay. We do not allow penalty interest on electricity and gas bills, as There is only one more policy that the government and Mr Lenders noted, and I do not believe the government the authorities can introduce to squeeze more money is proposing to change those rules. But in relation to out of water consumers. It cannot manage the credit any water, which is just as critical, if not more so, than tighter than it has already got it down to, and so that one electricity and gas, the government has a different view, policy is to start charging penalty interest. The which is: ‘Let’s charge people’. We will seek to have government gives assurances that it is not planning on an amendment to the bill voted upon in that regard. that, but we all know that will be in the hands of the Essential Services Commission and that this is Certainly those who stand up for the vulnerable — Parliament’s one and only opportunity to do something including the Consumer Action Law Centre, the about it. By the way, when the Greens originally Victorian Council of Social Service, the St Vincent obtained that information on country water users being de Paul Society, the Brotherhood of St Laurence, the charged interest the then new Minister for Water, Financial and Consumer Rights Council and the Mr Walsh, had something to say. The Weekly Times of Consumer Utilities Advocacy Centre — have been 20 April 2011 says: calling on the government to make this amendment. The press release of these organisations of 23 March Mr Walsh said he was aware of the inconsistency and was was in their words making an 11th-hour bid to protect examining the issue as part of a major review of the Water vulnerable Victorians and urging the Victorian upper Act. house to amend the bill, which will allow metropolitan ‘We’re having a look at that part of the Water Act and it may water businesses to charge interest on overdue be one of the things that we will include in changes later in accounts. The press release says: the year’ … Spokesperson for the group, Gerard Brody, said most people Yes, Mr Walsh did do that, but not to take away this who fall behind with their utilities bills are experiencing unfair cash grab from country people. He has kept it for financial stress and that adding interest into the mix would them and added it for customers of the city water only exacerbate their situation. authorities. Perhaps I was naive when I read that This is not simply a Greens proposition. We are not statement saying, ‘We’re having a look at it, and it may simply making mischief. Those who are experts in this be one of the things’. I thought he was going to do that area of policy and those who on a daily basis assist for the betterment of country people in financial those individuals in the financial distress that I am distress, but in fact he decided, under the influence of referring to with personal support and in some cases
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Thursday, 29 March 2012 COUNCIL 1795 small amounts of money are saying that this is a critical Mrs Petrovich is now going into a historical analysis of issue. major projects in water and people’s views on droughts. I ask you to do what the Deputy Speaker in the We will have to wait and see, as time rolls out, what Assembly did and hold members to the content of the sort of punitive interest the three city water bill — a bill that has been debated in a very courteous authorities — assuming my amendment is manner by previous speakers — rather than letting unsuccessful — start to charge, what that amounts to Mrs Petrovich start a political debate on historical and what dividends we see being ripped out of those matters that are not covered in any way, shape or form authorities by the government if, as some suspect, it is by the object of the bill or any clauses within it. actually fattening them up for sale. Mrs PETROVICH — Further to the point of order, Mrs PETROVICH (Northern Victoria) — I am President, I was actually relating that to planning for the pleased to rise to speak on the Water Amendment community’s water supply needs, and I am talking (Governance and Other Reforms) Bill 2012. The about where we are going with our planning for future purpose of the bill is to convert the three Melbourne requirements. water retailers, being City West Water, South East Water and Yarra Valley Water, from Corporations Act Mr Barber — On the point of order, President, yes, companies regulated under the Water Industry Act we got that part, but it was not material presented by the 1994 into statutory corporations regulated under the lead speaker from the government, who was Water Act 1989. This will confirm those Melbourne Mr Ramsay, and so really what Mrs Petrovich is water retailers as being under public ownership and seeking to do is carve out her own space. We all know place all Victorian water retailers under the same act, where it is going. It will traverse most of the last four which is a great point of clarification. The bill will years of water debates in this Parliament, and given provide a common operating and governance your recent ruling, I do not think that would be framework across the Victorian water sector that is appropriate. aimed at cutting red tape and achieving a much more uniform arrangement. The PRESIDENT — Order! On the point of order, I am mindful that the contributions from each of the A practical example in my electorate of Northern speakers in this debate — and I have had the Victoria Region is the Mitchell Shire Council, which is opportunity of listening to them all — have been tight serviced by both Yarra Valley Water and Goulburn and have remained true to the provisions of the bill. I Valley Water. The bill will bring both of these water am also mindful of the fact that each of the speakers, as authorities under the same act, which will reduce red they have discussed the various objectives of the bill, tape and provide a more streamlined approach to water have established a fairly narrow and appropriate context supply and sewerage services. The bill will allow the for the debate. The bill makes no reference to major Minister for Water to determine water and sewerage water projects or the planning areas Mrs Petrovich has district boundaries for water corporations. These made some initial remarks about, so she now needs to reforms will provide greater certainty around come back to what the bill is about. The parameters set responsibility for planning for the community’s needs by the other speakers in the debate have been narrow for water supply and sewerage services. and consistent with what I read as the provisions of the bill. I had a close look at the bill, acknowledging that A great example of what happens when future planning there might be some members wanting to canvass does not occur was the drought during the terms of the wider issues. previous Labor governments. It took until 2006 for Labor to acknowledge that there was a severe water Mrs PETROVICH — In respect of planning, I shortage; until then, there was always a great optimism think it is very important. We see many expanding that rain was just around the corner. It then went from communities, particularly in the Hume corridor in the one extreme to the other. It went from the extreme of north and around Macedon Ranges, and the planning saying, ‘We’re sure it is going to rain soon’, to saying, and infrastructure issues addressed in the bill are ‘It is never going to rain again’. We then saw reactions relevant. It is sometimes good to learn from past such as building the largest desalination plant in the mistakes and acknowledge errors that have been made, Southern Hemisphere, which is a huge producer of and learn from them. carbon dioxide and is yet to be completed. The bill will allow the Minister for Water to determine Mr Lenders — On a point of order, President, this water and sewerage district boundaries for water is a bill dealing with governance of water authorities. corporations. These reforms will provide greater
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1796 COUNCIL Thursday, 29 March 2012 certainty around responsibility for planning for the amendment. We will probably see some other community’s needs for water supply and sewerage information come along in that regard. services. I have seen many cases of well built-up areas which have lagged, and up until fairly recently some Sitting suspended 12.58 p.m. until 2.02 p.m. areas — which have actually been in water catchment areas — have had septic tanks which have failed, and Mr SCHEFFER (Eastern Victoria) — The perhaps there has been an issue around sewerage provisions contained in this bill are generally supported services. At present we have different rules for and have been more than adequately addressed by Melbourne water users and country water users, and the previous speakers. Mr Lenders indicated the key message of this bill is that it will provide opposition’s support for the Greens’ amendment, even uniformity and equity for all Victorians in this respect. though he indicated to the house that he had not seen it. He advised us that he was working off an article in the We all know that many people in rural Victoria — and Herald Sun and he was presuming that that particular we heard Mr Ramsay eloquently speak about this — paper had reported the Greens’ position correctly. rely on their own water supply, something that many Mr Lenders explained in his contribution that even people in metropolitan areas have no understanding of. though he had gone through the bill very carefully — It is truly sustainable and self-sufficient. The provision indeed, I would say forensically — there was, in the of tank water is using water efficiently. Rural end, some confusion that had arisen from the Victorians understand they need to be self-reliant, departmental briefings he had received in relation to the because they rely on the elements. power of the water authorities to charge interest to residential water consumers who had fallen behind in The bill introduces new requirements for water their bill payments. corporations’ personnel entering residential land, which I am relieved to see. I will not dwell on the history, but Mr Lenders said that when the views of the Greens and we have had a chequered history over the last 11 years the Consumer Action Law Centre on that particular part with seizure of land, which has been of great concern to of the legislation came to his attention he discussed the my community in northern Victoria. That measure will issue with his colleagues and there was agreement on provide a better balance between Victorians’ right to the Labor side to support the Greens’ amendment. So privacy and the importance of water businesses being after this very fulsome support for the Greens’ able to enforce water laws, respond to emergencies and amendment, I must say I was surprised that Mr Barber carry out their statutory functions. was so dismissive of the opposition’s support of the bill and that he did not even acknowledge that Mr Lenders Under this bill a person’s right to seek compensation and the opposition gave their unqualified support to the through the Victorian Civil and Administrative Greens’ amendment. Contrary to what Mr Barber might Tribunal if there has been an intentional or negligent think, the Greens are not the only party that stands up spill of sewage from a water company’s works will for Victorians who find themselves in financial stress. now be extended to apply across all of Victoria, rather than just in metropolitan Melbourne as has previously But, as I say, the opposition supports this bill, and I will been the case. Until now regional Victorians have not not go through its provisions again. Is Mr Hall in the enjoyed all the same rights as people in metropolitan chamber? Melbourne. I represent a country electorate, and I am very pleased that this bill will remedy that situation. I Mr Drum — He will be here. know it will also make my constituency feel much Mr SCHEFFER — There is only one matter that I more comfortable. A water corporation’s power to ask Mr Hall to comment on when he sums up. Just at require a property owner to connect to its works will be the moment when it seems that there is a consensus on limited to sewerage works and only where it will be of water not being privatised, and when there is a bill benefit to the environment or public health. before us that is moving in that direction, news comes Overall this bill creates a uniform and much fairer set of out — this was last week — that the government is arrangements for the provision of water supply and considering raising funds through asset sales. One sewerage services to customers across Victoria, and it article in the Age identifies the sale of City West Water, reinforces the government’s commitment to keep South East Water and Yarra Valley Water as among the Victoria’s water utilities in public ownership. In options that are on the table. relation to the Greens proposed amendment, I advise The Premier is reported to have said that the the house that the government will oppose that government is not shy about selling assets to fund its infrastructure agenda. To give himself some wriggle
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Thursday, 29 March 2012 COUNCIL 1797 room he subsequently described his remarks as a Victoria. The Baillieu government has sought to rectify response to journalists and as part of a general these discrepancies, and we now see the rationalisation commentary on selling off state-owned assets. The of these discrepancies under one act. Premier said that the story the media was running — that is, on the sale of state-owned assets — was not new We feel that the customers of our water businesses and that he would not contemplate specifics or rule any should not be subject to or penalised by different laws particular sales in or out. So my question to Mr Hall is: for the provision of water supply and sewerage services what are we to believe? This water amendment bill is on the basis of where they live in Victoria. The bill not yet through the Legislative Council, and the before us today will amend the Water Act 1989 and the Premier appears to be giving mixed signals. I would be Water Industry Act 1994, and that will impact on the grateful if Minister Hall would address in his summing three Melbourne water retailers: City West Water, up what I think are very contradictory signals and Yarra Valley Water and South East Water. It will perhaps reassure the house that there will be no reversal change them from corporations act companies to of the commitment made in coalition policy and in this statutory corporations under the Water Act. The bill legislation. will also transfer the regulation of their businesses to that act. Just finally, I want to acknowledge the Consumer Action Law Centre, together with a number of other I am proud to say that this bill demonstrates the community sector organisations, which through a Victorian Liberal-Nationals coalition government’s media release last week expressed concern over leaving support for government ownership of water water authorities with the power to charge interest on corporations. We set this out in the plan for water that overdue accounts, as that would be to the detriment of we put to the Victorian people in 2010. Under the low-income Victorians and it would penalise Water Act the bill also creates a more uniform and households that are already struggling to pay their bills. improved set of operating arrangements for water The Consumer Action Law Centre said it feared that supply and sewerage services across Victoria. We can some water companies might choose to penalise people say with some pride that the new arrangements will who cannot pay their bills rather than assist them to find usher in a fairer and better situation for regional manageable ways to pay those bills. The centre also customers and will of course provide consistency across pointed out — and I think Mr Lenders referred to this Victoria. as well — that electricity and gas providers are not permitted to charge interest on unpaid bills and so Looking at the improvements that we will see as a neither should the water authorities. result of the passage of this legislation, we can see that customers in regional Victoria will be given as broad a I think these are serious concerns, and the Greens’ range of review rights before the Victorian Civil and amendment, which the opposition is supporting, will go Administrative Tribunal as Melbourne customers have to remedying the problem. I would be very interested to right now in relation to a water corporation’s decisions hear in subsequent contributions why the government regarding connections to and discharges of its services has indicated — I think Mrs Petrovich indicated this and the maintenance of those services. Regional earlier — that it will not be supporting the amendment. Victorians will also be given the same statutory right as Overall, though, this is positive legislation, and I metropolitan customers to claim compensation through commend it to the house. VCAT when it comes to situations such as those resulting in damage caused by intentional or negligent Mrs KRONBERG (Eastern Metropolitan) — I am flows of sewage from a water corporation’s works in pleased to make my contribution to the debate on this and around a customer’s property. important piece of legislation, the Water Amendment (Governance and Other Reforms) Bill 2012. It is The power of all water corporations to require a important to bring the tenets of the bill to the attention property owner to connect to a corporation’s works will of the house. The provision of retail water and be confined to sewerage works instead of systems sewerage services is currently regulated under two acts: falling under the all-embracing term ‘any works’, the Water Act 1989 for regional Victoria and the Water which could include irrigation works and drinking Industry Act 1994, which covers Melbourne. Through water supply works, for which there would be no evolutionary processes these two acts have led to the reason to mandate a connection. development of two different legislative frameworks for these services, and there are now insupportable It is terrific to see that this bill modernises the current discrepancies in the provision of water supply and power of water corporations to enter residential land for sewerage services between Melbourne and regional certain purposes. That falls within the ambit of the
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1798 COUNCIL Thursday, 29 March 2012 recognition of a person’s right to privacy, and we issue of supplying potable drinking water to human applaud it. The current power of all water corporations beings who have families and run businesses involves to enter residential land exceeds that of the police. The quite a different set of circumstances. I am pleased to government is to be applauded for addressing that and say that in regard to those elements, this bill repeals reversing it. The governance arrangements for water those debt recovery powers. corporations are also going to be improved vis-a-vis planning for emergencies, the appointment of directors Furthermore, the bill removes a water corporation’s to their boards and the determination of water supply power to discontinue the supply of drinking water to a and sewerage districts. customer who has failed to pay any money that is due to a corporation. I think people can quite often find One of the big planks of this legislation and one of the themselves with unpaid bills; they can find themselves elements that we have seen embraced by members of having poor communication between themselves and a the opposition, who are not opposing the bill, falls supplier of water or energy. Sometimes a person might under the category of rationalisation of debt recovery have to go to work or take a sick child to hospital rather powers. The Water Act currently contains a wide range than to try to speak directly to the water utility, which of debt recovery provisions that water corporations can put them in a holding pattern on that utility’s phone have at their disposal and can draw upon. The Baillieu system for 2 or 3 hours. We all know what a blight on government believes some of these provisions to be the transaction landscape it is to be held in a queue on unreasonably harsh. the phone trying to speak to somebody who can accept what you have to say about your current circumstances. In the absence of any amendments to the Water Act Sometimes it is difficult for people to head off — try as 1989, the migration of Melbourne Water retailers under they might — a process. There are many barriers to that the Water Act would give them access to these powers in this day of technology. It is surprising how and therefore subject Melbourne customers to dehumanising this has become. All you want to do is unreasonable debt recovery powers. Some of the debt actually speak directly to somebody who can take note recovery powers reflect outdated methods of dealing of your circumstances and intervene on your behalf. with customers. When preparing my contribution to the debate on this bill I have to say I was quite alarmed to Somebody may come home from a hospital stay or hear what some of these outdated methods mean to after a time of staying with a relative in another part of average consumers and commercial customers. the state or country or from overseas and open their front door to find they have missed advice, the power There is the power to sell land where an owner has not has been cut off and they cannot even flush the toilet. paid their bills for three years. During his contribution These are important issues that bring things into line Simon Ramsay underscored the fluctuations in fortune with 21st century thinking. and income flow that people on the land experience. There is also people’s employment situation and their It is important to point out and emphasise that — from lack of ability to provide for their families, put food on my point of view — water is a fundamental life force. the table and access services. Sometimes within one’s This bill is a recognition of how we need to be humane. life there can be many peaks and troughs. It is We cannot set out to punish people who, wittingly or important to have an understanding of the concept of unwittingly, have not paid a bill. Fresh drinking water the cyclical nature of people’s fortunes, their flow of and safe water are so important for public health. We income and their ability to accommodate the all understand personal discomfort, embarrassing ever-increasing burden of maintaining connections to questions that could flow, the sorts of pressures there water or other utilities, such as power. I am glad this are on families and businesses and how important water very humane thinking has been factored into this is for public health and to sustain life. legislation. There are two debt recovery provisions that remain. These outdated methods include being able to sell land These already apply to regional customers, so debt owned by someone who has had unpaid bills for three recovery provisions can be realigned in circumstances years, and there is the concept of garnishing rent — that when they need to be applied to Melbourne-based is, going into a flow of rent income on a regular basis, customers. When we look at the issue from a holistic dipping in, ripping out money and applying that. That is perspective we see that these debt recovery the rent a tenant would pay to a landlord to cover the provisions — while they are under the umbrella of landlord’s outstanding bills, which is a pretty extreme extending understanding, compassion and humanity to impost. We have seen that in taxation law in relation to consumers who are unable to pay their bills — need to taxation authorities seeking to recover taxation. The be put into context, because if a lot of money is taken
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Thursday, 29 March 2012 COUNCIL 1799 up in recovering costs from customers who have unpaid program or discharge problems. There is a whole range bills and are refusing to pay or for a time are unable to of actions and problems. Sometimes damage can be pay their bills and water entities have to move into a caused by negligent releases of water, sewage flows recovery mode to recover the unpaid bills, then the and so forth. The bill provides far wider customer rights action and time to do that is subsidised from money for water and sewerage customers to go to VCAT. raised by issuing costlier bills to customers who pay their bills during the natural course of using their As most government speakers have said, the bill also planned household or commercial budgets. modernises the powers of representatives of water authorities to enter residential land. That will hopefully The ACTING PRESIDENT (Mr Finn) — Order! strike a better balance between enabling landowners to Mrs Kronberg’s time has expired. maintain their right to privacy and providing water authorities with a right to access to people’s land. That Mr DRUM (Northern Victoria) — It is an absolute will be a lesser right than they have currently. In the pleasure to have the opportunity to speak on the Water past few years there have been some issues about Amendment (Governance and Other Reforms) Bill representatives of water authorities entering land. 2012. I do so with the very positive news that the opposition will support the bill, whilst the Greens will One of the issues addressed by the bill that has caused a move an amendment. It is refreshing that the bit of concern is the rationalisation of debt recovery government brings to the house bills that bring water powers. Currently the Water Act contains a wide range regulation and governance into line with current of debt recovery provisions. The government considers expectations and that also look to alter some of the them to be unreasonably harsh, and the Minister for ways that authorities go about their business. Water, Minister Walsh, has included the new provisions for that reason. We have outdated debt It has been well documented that the provision of water recovery methods for dealing with customers, such as and sewerage services in Victoria exists under two being able to sell their land and the like. If we are to try separate acts, the Water Act 1989 for regional Victoria to recover on unpaid bills, then steps such as selling the and the Water Industry Act 1994 for Melbourne. Whilst land or taking the rent from a tenant to pay the the same services can be delivered by two separate acts, landlord’s bills are considered antiquated and outdated. there will be discrepancies, anomalies and inequities. The bill repeals those powers. That is what we have today, and the bill rationalises the services by bringing the authorities under one act. The The bill also removes a water corporation’s power to Minister for Water needs to be congratulated on taking discontinue the supply of drinking water. That has been this course of action. He will preside over a more well and truly touched on by previous speakers on the harmonious industry once the three Melbourne water bill. Due regard must be given to the critical nature of retailers are converted from being companies under the water. It is very much common sense to bring the federal Corporations Act 2001 to statutory corporations governance of water authorities into line with modern under the Water Act 1989. That will facilitate a much expectations and modern standards. smoother governance arrangement into the future. The bill leaves in place two current debt recovery It is interesting that Mr Scheffer is seeking further provisions that have been spoken about. That again guarantees from the government that ultimately we will strikes the balance that the government is looking for. realise the assets we have in our water authorities. I am There are good reasons for leaving those provisions in sure that the Minister for Higher Education and Skills, the Water Act. Being able to reduce the burden on Minister Hall, will be able to relay to the opposition the law-abiding paying customers is something that is key message from the government, which is that this responsible governance. If the government were to not bill is centred on retaining our water authorities and leave those provisions in place, it would force on those water businesses in government. That is set out in the who always pay their bills on time the added pressure plan for water that the government has released and is of paying for the costs of providing water to those again highlighted in the provisions of this legislation. facing financial hardship, without any opportunity for the water authorities to recover those debts or hurry that Review rights will be available to customers in regional process along. That would be irresponsible and Victoria. The bill provides them with more rights to something that the state cannot afford. We need to look appeal to the Victorian Civil and Administrative at efficient means by which water businesses can Tribunal, just as Melbourne customers have, on recover small debts that are uneconomic to recover via decisions made by a water authority. They may be in legal proceedings. Again, people in Victoria would relation to connections, the maintenance of their works
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1800 COUNCIL Thursday, 29 March 2012 expect the government in its leadership to go down this offer a range of other payment options in accordance path of offering that level of responsibility. with the customer’s capacity to pay.
However, the government recognises that many in our Going through those points shows it is a very community face hardship and struggle to pay their comprehensive hardship policy, with 13 or 14 subsets utility bills. Customers facing hardship already have of hardship provisions. I am confident it captures the their interests protected by the provisions of the vast majority of hardship areas. It is worth noting that Essential Services Commission’s Customer Service this provision is already in place. The hardship policy is Code — Metropolitan Retail and Regional Water a backstop for many Victorians who are doing it tough Business. That requires all water businesses to apply a at the moment and struggling to pay their accounts, hardship policy for such customers. whether it be electricity, gas, water, rates, the rent and other associated living costs. This hardship policy is I want to spend the remaining time I have available to going to remain very firm in the day-to-day workings of go through the hardship policy because Mr Barber and our water businesses as they try to spread their ability to the other Greens would do well to gain an take on board revenue and continue to push their understanding of what exists in the current act and the businesses forward. hardship policy section of the customer service code of the Essential Services Commission. Under ‘Hardship Paying for those who do not pay should not fall to those policy’ the code states: who make other sacrifices in their lives in order to pay their bills on time; it should not be left to them. A water business must have a hardship policy and apply it to However, we believe those safeguards are in place residential customers who are identified either by themselves, the water business, or an independent accredited financial under the hardship provision. We believe the balance is counsellor as having the intention but not the financial right, and hopefully people will see these new changes capacity to make the required payments in accordance with for what they are — that is, a more equitable spread, a the water business’s payment terms. more responsible, humanitarian approach to debt Without limiting this general obligation, the hardship policy recovery and a simplification of our water businesses, must — ensuring that they remain under government ownership in the future and the governance models are modernised and then it lists a whole range of obligations that the to take these water businesses forward. water business applying the hardship policy must take into consideration. Hon. P. R. HALL (Minister for Higher Education and Skills) — I thank members of the chamber for their Internal assessment processes have to be provided to support of the legislation. I note there is one area we determine the customer’s eligibility using objective will be exploring in committee. There may be other criteria, and there is a definition for what objective areas members wish to explore, and I am happy to criteria could be: a customer’s eligibility for pursue those points. One general point made by concessions, a customer’s status as a tenant, a Mr Scheffer was brought to my attention. He sought a customer’s applications for the utility grant relief commitment from the government to rule out the scheme, a customer’s previous payment history and privatisation of water authorities. As has been very appropriate self-assessment by the customer. clearly said, the whole intent of this proposed legislation is to put all water authorities under the Water The hardship policy must provide an internal Act 1989, rather than the Corporations Act 2001, which assessment process which is designed to make an early is an indication of government policy: we have no identification of a customer’s hardship. The process intention to privatise water authorities. must determine the internal responsibilities for the management, development, communication and In terms of those comments, I also want to point out monitoring of this policy. The hardship policy must that because of constitutional changes brought in by the also provide for staff training within the water Labor government in 2003, if any water authority in the businesses. It must exempt customers in hardship from state were to be sold, it would require a three-fifths supply restrictions and exempt them from legal action majority of both houses of Parliament for that to occur. and additional debt recovery costs while payments are At that time we would have a robust debate, but I can made to the water business according to an agreed assure members that from the current government’s flexible payment plan. In the case of regional water point of view there is no intention at all for businesses, the policy must state any circumstance in privatisation. I hope that is of sufficient comfort to which interest payments on outstanding amounts can be Mr Scheffer. As I said, I am more than happy to pursue waived or suspended. It must, subject to water law,
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Thursday, 29 March 2012 COUNCIL 1801 the matter raised on interest issues in committee, rather guarantee I can in fact get that it would not try to break than make a general comment at this time. through that particular impediment.
Motion agreed to. Hon. P. R. HALL (Minister for Higher Education and Skills) — That advice is based on section 97 of the Read second time. Constitution Act 1975 regarding delivery of water services. However, I can assure Mr Barber that the Committed. advice that I have received, as reflected in my own Committee statement here today, conveys the government’s understanding of how that particular provision would Clause 1 work.
Mr BARBER (Northern Metropolitan) — I would Mr LENDERS (Southern Metropolitan) — I would not normally ask the government for a legal opinion — ask Mr Hall to take this on notice rather than seek for it would be out of order — but Mr Hall just finished his him to answer it now. I ask him to take it on notice and presentation by proffering one. Mr Hall made the claim perhaps get a reply back, like a question on notice. I that the provisions of the constitution set up a particular completely accept his view, and Mr Barber and I are barrier to any privatisation of water authorities. I am not both probably reflecting on the UK Colonial Laws convinced that the barrier and entrenchment Validity Act 1865 which gave those manner and form mechanism that has been used in the constitution is provisions to parliaments as to their constitutions, but unbreakable. Has Mr Hall’s government obtained an that is not the issue. Again I am happy for this to be on opinion or formed a view that the provisions, as we notice, but the issue then is: rather than privatise, which read them in the Constitution Act 1975, are unbreakable the government cannot do with these water authorities, and only that mechanism can be used to consider a would it rule out 30, 50, 60 or 99-year leases on these water privatisation? authorities? Would it also rule that out? I am happy for the minister to take that on notice rather than answer it Hon. P. R. HALL (Minister for Higher Education in committee now, but if he wishes to answer it in and Skills) — In response to Mr Barber seeking a legal committee now, I would be very interested in hearing opinion, I am not in a position to offer one. The opinion his response. I sought was from the advisers here about whether there is any constitutional barrier to the privatisation of water Hon. P. R. HALL (Minister for Higher Education authorities. That advice is as I have conveyed it in this and Skills) — I cannot give that answer now because chamber. I am more than happy to seek that advice in a the view of cabinet would have to be expressed in more formal way at a later point of time or if this regard to that. It is not for me, and me only, to make a committee goes for sufficient time I could try and find qualified response to that, so I will take that question on references for that advice within the Constitution Act notice. 1975. I recall those changes going through in 2003 in this Parliament. There were certain entrenchment Clause agreed to; clauses 2 to 44 agreed to. provisions, and the advice I have received is that the Clause 45 sale of water authorities would require a three-fifths majority of both houses of Parliament. Mr BARBER (Northern Metropolitan) — I move:
Mr BARBER (Northern Metropolitan) — Yes, I am Clause 45, after line 34 insert — familiar with the provision as it is to be read in the Constitution Act, but I am also aware that there are ‘( ) After section 281(3) of the Water Act 1989 insert — differing legal opinions as to whether the purported “(3A) Interest is not payable under this section in respect entrenchment of that provision is in fact as the of a fee imposed under a tariff in respect of government that introduced it intended it to be. residential premises.”.’. However, it would be quite a rarefied debate if we were to get into the issue of what can exist in a constitution This would set up the requirement, to quote the and whether a Parliament can pass a law and then pass amendment, at proposed subsection (3A): another law saying you are not allowed to change the Interest is not payable under this section in respect of a fee first law and that is the end of it. I was not seeking to imposed under a tariff in respect of residential premises. have that debate. I was simply picking up on Mr Hall’s claim that that was the case, and I took it to be that that As I said in the second-reading speech, in our view and was his government’s firm view. I take that as the best based on our advice in the drafting of this amendment
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1802 COUNCIL Thursday, 29 March 2012 this would create a prohibition on the charging of also worthwhile mentioning that moneys owed, and penalty interest for residential premises, whether they therefore the cost of moneys owed, is borne by all the be under city or country water authorities. customers of a particular water authority, and again that should be a consideration in whether or not to support Apparently I did a bit of an injustice to the Labor Party this particular provision. during my debate. I did not realise that it had stated it was supporting my amendment. Mr Lenders had some I reject Mr Barber’s comments that this measure is difficulty because he did not have a copy of it in front simply being used to fatten up — I think that was the of him. I would have been happy, by leave, to have term he used — water authorities for the purpose of circulated the amendment earlier on because the lead attracting bigger public dividends from those speakers from the other parties have some difficulty if I authorities. I can assure him that is not the case. There have not formally circulated my amendment. I hope to is no intention to use this as a measure to gain greater obtain support for this amendment. dividends from the water authorities. I think Mr Barber also claimed that these are mechanisms by which the Mr LENDERS (Southern Metropolitan) — As water authorities could be seen to be money hungry — Mr Barber has said, the Labor Party does support this I think that might have been a term used at one point in amendment for the reasons that I outlined in my speech his contribution — but again I make the point, and I on the second-reading motion. think Mr Lenders repeated this in his contribution, that any interest rates, if a water authority chose to set them, Hon. P. R. HALL (Minister for Higher Education would be set by the Essential Services Commission. and Skills) — The government is not prepared to Indeed those provisions apply in section 281(1B) of the support this amendment, and I want to put on record Water Act 1989, where the Governor in Council may some of the reasons why. First of all, it has been fix a minimum rate as follows: acknowledged during the course of the debate that for customers of urban and rural water authorities the (a) by expressing it as a percentage; or provisions in this particular bill are far less draconian than what could be applied to them in their current (b) by tying it to a specific floating institutional rate charged for loans or paid for borrowings by a public or situation. I refer to provisions currently relating to debt commercial institution. recovery powers, including being able to sell the land when the owner has unpaid bills. That provision has This means that one option available to the Essential been removed, and I do not think there would be any Services Commission is to set interest at the same rate argument about that. Also the garnishing of a tenant’s at which borrowing was undertaken by the water rent to pay the landlord’s bills has also been removed authority. I reject the suggestion that it is a revenue from the act and therefore would not be a provision raiser, whether to fatten up the water authority, to use inflicted upon any water users in the state. The third one Mr Barber’s term, or by way of a dividend to is that the bill also removes the water corporation’s government or otherwise. power to discontinue the supply of drinking water to a customer who has failed to pay moneys owing on a I also want to make the point, as has been made by water bill. other members of the government in their commentary on this provision, that in terms of state-owned In terms of those three provisions I think we would all authorities, where a person has outstanding charges or agree that they are significant improvements in fines or indeed taxes of a sort, it is a fact now that addressing the needs of customers. They are actions of interest is attracted on unpaid amounts under those last resort that the government has now ruled out by particular provisions. I think Mr Drum mentioned that amending this act, and that will not apply. However, unpaid local government rates can also attract interest. this does leave in place two ways in which debt can be In all of this there is no obligation for a water authority recovered. One is by imposing an interest rate on the to charge interest on unpaid rates, and if we look at the amounts of unpaid moneys owing to water authorities. answer to Mr Barber’s question that he spoke of in his That is a new provision, I concede, which will now debate, some of the regional water authorities do not apply to customers of water authorities living in charge interest and do not use mechanisms like that to Melbourne. Also there can be a charge applied on the try to recover moneys owing. Those authorities are property to which the services were provided in the Barwon Water, Coliban Water, Gippsland Water, North same way as unpaid rates can become a charge on a East Water and Western Water. property. Those are the two provisions left. Looking at all of those features, the decision the government has To the best of my memory, for the in excess of 20 years arrived at is a balance of all of those matters. I think it is that I have represented the Gippsland region I do not
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Thursday, 29 March 2012 COUNCIL 1803 think I have ever fielded a complaint from somebody Dalla-Riva, Mr O’Brien, Mr who felt they had been significantly and unfairly dealt Davis, Mr D. O’Donohue, Mr Davis, Mr P. Ondarchie, Mr with in respect of this measure. In looking at that table, Drum, Mr Petrovich, Mrs I notice that South Gippsland Water and East Gippsland Elsbury, Mr (Teller) Peulich, Mrs Water have applied an interest rate. They are in the area Finn, Mr Ramsay, Mr that I represent. I am not sure to what extent it has been Guy, Mr Rich-Phillips, Mr applied to domestic customers, because those water Pair authorities would cover both residential and Darveniza, Ms Kronberg, Mrs commercial areas. Amendment negatived. As I said, I can understand the arguments being advanced on this, but for all the reasons I have put to Clause agreed to; clauses 46 to 96 agreed to. the committee this afternoon, on balance the government will not be supporting the amendment. Reported to house without amendment.
Mr BARBER (Northern Metropolitan) — I would Report adopted. like to pick up on one point the minister made and seek Third reading some clarification. A number of those country water authorities use the Department of Justice penalty Motion agreed to. interest rate, which is the top rate — up around 12.5 per cent, as it is set from time to time. Was the minister Read third time. suggesting that the provisions of the bill would allow the Essential Services Commission to set lower rates? He referred to the bond market or the financial market DRUGS, POISONS AND CONTROLLED interest rates being more in tune with the cost of capital SUBSTANCES AMENDMENT (SUPPLY BY incurred by the water entity itself. MIDWIVES) BILL 2012
Hon. P. R. HALL (Minister for Higher Education Second reading and Skills) — Yes, that is what I meant. If Mr Barber looks at clause 281(1B) of the Water Act, he will see Debate resumed from 15 March; motion of that it states: Hon. G. K. RICH-PHILLIPS (Assistant Treasurer).
The Governor in Council may fix a maximum rate … Mr JENNINGS (South Eastern Metropolitan) — Thank you, Acting President, for inviting me to respond It says very clearly that it can be expressed ‘as a to the Drugs, Poisons and Controlled Substances percentage’ or ‘by tying it to’ — and it goes on. It is Amendment (Supply by Midwives) Bill 2012. I am available to the Essential Services Commission to set a happy to indicate that the opposition will not be rate using those criteria but also using the flexibility opposing the bill, which in effect means we support it, that the ESC has in relation to customer codes and the because this is a reasonable proposal brought forward like, which I think has been raised by others in the by the government that is consistent with its obligations course of this debate. under the national framework and national scope of practice that have been agreed to by jurisdictions across Committee divided on amendment: the states and commonwealth governments. The bill Ayes, 18 allows for an increase in the scope of practice for Barber, Mr (Teller) Pakula, Mr midwives to enable them to possess and sell, use or Broad, Ms Pennicuik, Ms supply certain drugs required for them to provide a Eideh, Mr Pulford, Ms quality midwifery practice when supporting Victorian Elasmar, Mr Scheffer, Mr women in their birthing options. Hartland, Ms Somyurek, Mr (Teller) Jennings, Mr Tarlamis, Mr Those birthing options have been enhanced during the Leane, Mr Tee, Mr Lenders, Mr Tierney, Ms course of the last decade, both in terms of the standards Mikakos, Ms Viney, Mr and quality of care and the regulation of midwifery and a number of other medical and allied health Noes, 20 professional standards and practices and also in terms Atkinson, Mr Hall, Mr of the broadening — as in this case — of the scope of Coote, Mrs Koch, Mr (Teller) Crozier, Ms Lovell, Ms practice to enable drug treatment to be provided. Lay
DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (SUPPLY BY MIDWIVES) BILL 2012
1804 COUNCIL Thursday, 29 March 2012 people may not be aware of the fact that — and may be undertaken as far back as February 2009. It was alarmed that — the scope of practice encompasses the instigated by the commonwealth’s maternity services ability to possess and sell, use or supply certain drugs. review, which ultimately led to the National Maternity People in our community may not be abreast of what Services Plan 2010, which was regulated and signed off the current practice has been for nurse practitioners, by all Australian health ministers at a conference in optometrists and podiatrists, who have received similar 2010. Basically we are two years further down the authorisations under Victorian and national law to track, and we are effectively three years down the track provide such a practice. Now midwives are added to from when the funding arrangements were put in place that scope of opportunity for medical care across the to enable this to occur, because there were provisions nation. for that in the commonwealth budget.
The bill is a relatively straightforward and simple piece In the 2009 budget $120 million was allocated to enable of state enactment of a national framework and the MBS and the PBS to cover these provisions. Nearly agreement and national regulation of this practice. It three years after the budgetary allocation that provided enables midwives to in effect be brought under the for this scope of practice, the Victorian government has scope of the Medicare benefits schedule (MBS) and the caught up with that momentum and that regulatory pharmaceutical benefits scheme (PBS), which are change. Victoria is now joining all the other commonwealth programs that fund, support and jurisdictions across the country that have adopted this regulate the distribution of pharmaceutical supplies legislative basis. throughout the Australian health industry. Now, through the scope of this bill, midwives are added to the The reason the Victorian opposition supports this people who can claim the rebates under the appropriate initiative today is that it was in office in Victoria during funding arrangements for those two important 2009–10 and was a participant in the national commonwealth programs. framework that has led to these outcomes, particularly in relation to the national regulatory environment for The bill is relatively simple. It enables the Nursing and medical professionals. As far back as 2004 the then Midwifery Board of Australia to have a regulatory Labor government in Victoria was very committed to regime for the scope of practice for midwives in improving the quality of maternity services across Victoria consistent with practice across the Australian Victoria. It established the Future Directions framework jurisdictions. This bill does it in a relatively simple way: and policy, designed to address equality issues and by dovetailing provisions of Victorian law and the provide for the safety and equity of Victorian women in regulatory environment within that national framework. receiving the appropriate antenatal care, delivery care This piece of legislation specifically designates who is and postnatal care. That included a well-considered considered to be an eligible midwife to enable them to view about the role of midwives, both then and into the get access to the MBS and the PBS. There are mirror future; finding the right balance between primary regulatory requirements for current competency maternity health models; and access to medical requirements and maintenance of the existing professionals and expertise when it is needed. provisions for the qualifications of midwives that will be consistently applied across the country, along with There was an effort to try to match resource allocation the level of prescribed schedule medicines which and the availability of specialised services with the midwives will have access to and be able to use under needs of our communities right across the state and to these provisions. make sure that we have a complementary set of health professionals who work within the maternity field. We In keeping with the regulatory environment, there is a support the establishment of a multidisciplinary requirement that midwives have their own professional approach to maternity care and a team approach that indemnity insurance to make sure that their patients are assists women and their babies through the birthing covered by the provisions of that insurance. Midwives process. have a requirement under this Victorian law to make sure that they have a collaborative arrangement with a We were very happy with that Future Directions medical practitioner who, without necessarily directly framework and the discipline that was established by supervising this practice, will have a quality assurance the Victorian government to support national element as part of their role. Certainty will be added to approaches, because we see that national standards and patient care through that environment. national regulatory environments are totally appropriate. Also within that movement and that This piece of work, in terms of being a national general direction we did not necessarily take for granted framework and having national momentum, was the quality assurance issues and standard of care issues.
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As part of our framework we established the Victorian government in its initiative coming forward with this maternity services performance indicators, which were piece of legislation. to provide performance comparisons between maternity services across the state. We recognised the need for We are reassured by the advice that has come to us additional expertise and skills and created the newborn through the briefing officers. They are obviously clinical network, which applied across the Victorian otherwise delayed today; nonetheless they were able to health landscape. provide me and other members of the opposition with appropriate advice about the way in which this bill There were some specific initiatives that were would be implemented. It includes some of the scrutiny included — for instance, in the Koori community, and discretionary issues that the minister will require to Aboriginal people across Victoria have had and will ensure quality care and to be able to reflect on the scope have very high birth rates, and thriving maternal and of the drugs that are listed on the schedules that are able child health would be a hallmark of government action to be used in this increased practice by midwives in and the intention of government, one would hope. The Victoria. Koori maternity program was designed to achieve that outcome. In the spirit of equity and equality throughout The minister has the opportunity to revise that listing. the Victorian landscape, the rural maternity initiative In the beginning the list will be pretty harmonious with was established as part of the Future Directions policy. the list of drugs and poisons that are currently available That was not only about standards, regulatory in other jurisdictions. That will be the base case, and environment, quality assurance issues and career then the minister will reflect on the appropriate breadth development for midwives and practitioners, it was also of those drugs listed within the schedule. That will be backed up by significant resource allocation. one of the responsibilities incumbent on the minister in implementing this piece of legislation in the future. During the life of the Labor government it funded the new Royal Women’s Hospital — a very important Given the extensive degree of interlocking regulatory issue then, now and in the future — involving the environments, quality assurance issues in terms of replacement of the women’s hospital by the national registration, national professional standards, redevelopment to provide quality care to Victorian the guarantee that midwives will have their own form families. Significant capital investment was provided in of practice insurance and the relationship that is the 2008–09 budget — over $30 million — to address required for midwives to have a collaborative growth in maternity services, particularly for outer arrangement with medical practitioners, there is an metropolitan communities, which are serviced by interlocking rigour in quality assurance that underpins Casey Hospital, Frankston Hospital, Werribee Mercy this piece of legislation and how it will interact with Hospital, the Northern Hospital and the Monash commonwealth law and, very importantly, Medical Centre. commonwealth funding programs such as the MBS and the PBS. This investment was certainly needed, and it was appropriate as the birth rate in Victoria rose We have great confidence that not only will midwives significantly in the second half of the first decade of this in Victoria be able to provide an appropriate practice century. Just to place it in time in a way that is perhaps and good-quality care to their patients, but ultimately a little bit more complicated than it needs to be, it was the women of Victoria will have a wider range of during the years between 2005 and 2010. The birth rate options available to them to tailor, as much as they can, in Victoria grew significantly at that time, and the their care plan in relation to preparing for the birth of budget that was brought down at the time was heralded their child and to be able to plan for that and have by the 77 000 births that were a feature of the growth of confidence that it is appropriately regulated. For those demand for maternity services and were experienced in cumulative reasons, the opposition will be supporting Victoria that year. this piece of legislation.
A measure of the significance of that required Ms HARTLAND (Western Metropolitan) — I investment was the $9.6 million for the maternity health thank Mr Jennings for going through the technical initiative in its own right. I put on record that that level details of the bill. As he said, it is a very straightforward of investment and recognition and that degree of bill, and the Greens will be supporting it. Giving support and level of professional standards are midwives the capacity to use and supply certain drugs recognised by the Labor Party in Victoria as being the in the course of their midwifery practice is logical and fundamental reasons why it will support the sensible.
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I will make a few comments about maternity services in members would know, there is also a greater risk of general, because it is quite clear from the Koori women developing diabetes and having greater Auditor-General’s report that was released in October adverse outcomes in relation to their pregnancies and 2011 that maternity services are underfunded and births. Those are two very important issues that will stretched to the limit, especially in the outer suburbs. I continue to need to be monitored. urge members of the government to read that report again because it gives us a lot of detail about the In relation to the aspect of funding, which was raised by problem. both Mr Jennings and Ms Hartland, Mr Jennings made the point that there needs to be significant investment Western Health has run a very successful home-based made in health, and he called on the government to do midwives service out of Sunshine Hospital which has so. Ms Hartland also made reference to maternity been very popular because women are able to see services in the west and particularly those increased midwives at the hospital, they are able to birth at home birthing rates over the past five years, which indicate a and the midwives have insurance, so it is a really lack of planning under the previous government to cater practical way of dealing with these issues. It would be for the growth that has occurred out in those regions good to see the government expand these kinds of especially. Now it is up to the Baillieu government to services. Sunshine Hospital is an example of how pick up the pieces and assist in that task of delivering stretched maternity services are. In the past five years appropriate health services. 219 women have delivered their babies in the emergency room. A recent briefing from Western She also made mention of the health planning and Health stated that its clear needs were for an intensive resourcing as a priority. I am pleased to say that in last care unit, a cardiac unit and at least four more birthing year’s budget the Baillieu government put rooms. $13.06 billion into the health budget. The previous budget, in 2010–11, under the former Labor I urge the Baillieu government to make health planning government was $12.341 billion, so there is a and resourcing a priority. While this bill will give significant increase of 5.9 per cent in the health midwives the right to prescribe a certain class of drugs, budget — the greatest spend in the state of Victoria in the government clearly needs to take a step further and the health budget that has been undertaken. That support both hospitals and midwives with ongoing increase in the health budget compares with an increase funding and support. of 1.6 per cent in the population, so I see that as a significant investment at the outset and as something Ms CROZIER (Southern Metropolitan) — I am that cannot be ignored by the Victorian public. pleased to rise to speak on the Drugs, Poisons and Controlled Substances Amendment (Supply by Certainly the Minister for Health and other members of Midwives) Bill 2012, and I do so for a number of the government should be acknowledged for their hard reasons. First, this legislation, as already mentioned by work in relation to the health budget because this is a Mr Jennings, will bring us into line with other states very expensive and demanding area of government and and territories. Further, as a former midwife I have had one that needs to be closely monitored, which is exactly firsthand experience in the administration of many what we are undertaking. routine drugs and medications in midwifery practice. I believe that anything that enhances midwifery practice But getting back to the bill, as Mr Jennings highlighted is not only good for midwives but also good for the this is a relatively straightforward bill. Its purpose is to women and babies they are caring for. I will return to provide for suitably qualified registered midwives, my experience a little later in my contribution, but first whose registration has been endorsed by the Nursing I will comment on a couple of points raised by and Midwifery Board of Australia, to possess, use, sell Mr Jennings and Ms Hartland in their contributions. I and supply a number of drugs used in the course of am pleased that they are both not opposing the bill. midwifery practice. In accordance with the Drugs, Poisons and Controlled Substances Act 1981 the I acknowledge the role of former governments that midwives will be authorised to use those drugs have participated in putting together the national specified on a list approved by the minister. The bill framework. That was an important initiative to also empowers the minister to specify at which health undertake. Mr Jennings made mention of some Koori services and in which clinical circumstances the drugs communities with very high birth rates, which was may be used. definitely the case in my experience. Also in my experience of working in the area of diabetes in Clause 5 of the bill inserts into the principal act pregnancy, which is a high-risk pregnancy area, as section 13(1)(bc), which adds registered midwives to
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Thursday, 29 March 2012 COUNCIL 1807 the list of health professionals authorised by section 13 midwives is an authority to claim a rebate to certain to obtain, to have in his or her possession and to use, PBS medications as listed. Authority to prescribe is sell or supply scheduled substances. The new section granted through respective state and territory drugs and provides that a registered midwife, whose registration is poisons legislation. The explanatory memorandum endorsed by the Australian nursing and midwifery points out that clause 9(1) empowers the Governor in board, may obtain, have in their possession and use, sell Council to make regulations for or with respect to the or supply those drugs, as other allied health prescribing of the scheduled poisons that a registered professionals have been able to do. midwife is authorised to obtain and have in his or her possession and to use, sell or supply. This bill will, under a strong regulatory framework, further enhance the authority of midwives to have The explanatory memorandum goes on to say that greater prescribing rights and be able to provide a clause 9(2) amends other regulation-making powers in greater range of services, thereby improving access to section 132 relating to the scheduled poisons that a maternity care for all Victorian women and their registered midwife is authorised to obtain and have in families. It will give greater flexibility to those eligible his or her possession and to use, sell or supply. That is midwives, greater choice to those women they are pretty straightforward at the outset. What midwives can caring for during their antenatal and intrapartum prescribe is restricted to a list of scheduled medicines periods and the best possible outcomes for the women which has been approved by the minister, and they are themselves and their babies in their antenatal, fairly routine medicines — things like narcotic intrapartum and six-week postnatal periods. analgesics; antiemetics; non-steroidal anti-inflammatory agents; penicillins, which are quite This issue, as was highlighted, arose from a federal routine in midwifery practice; anti-fungal agents, which government election commitment to develop a plan to again are quite routine for the neonate; oxytocic agents promote the national coordination of maternity services. of course, in the intrapartum period; vaccines I have an extract from National Maternity Services postpartum; and various analgesics. Plan 2010, which states that it: There is an available list. It is not an exhaustive list, …recognises the importance of maternity services within the obviously, of medications, but it gives a midwife ability health system and provides a strategic national framework to guide policy and program development across Australia over to practise and enhance the care of the woman she is the next five years. looking after. I say it is not exhaustive because there are many other drugs that are used in maternity care and … practices, from my experience working at the Royal The …plan has been developed within the context of broader Women’s Hospital. Mr Jennings made reference to the changes to Australia’s health and hospital systems. On Royal Women’s Hospital and the funding that the 13 February 2011 all Australian governments signed a heads former Labor government gave to relocate the hospital. of agreement on national health reform and committed to That issue was going on for quite some time. In fact signing a full national health reform agreement by 1 July 2011. when I was there from 1990 to 2000 it was an ongoing discussion, and I am delighted to see the new Royal As I mentioned, it was a five-year plan. The plan goes Women’s Hospital. Even though I had a significant on to state: amount of time in the old location, certainly the advancements at the Royal Women’s Hospital are state Maternity care will be woman-centred, reflecting the needs of each woman within a safe and sustainable quality system. All of the art and give great care to Victorian women. Australian women will have access to high-quality, evidence-based, culturally competent maternity care in a During my time at the Royal Women’s Hospital I range of settings close to where they live. Provision of such specialised in the high-risk area of diabetes in maternity care will contribute to closing the gap between the pregnancy. I worked with a highly specialised team of health outcomes of Aboriginal and Torres Strait Islander health professionals, including obstetricians, people and non-Indigenous Australians. Appropriately trained and qualified maternity health professionals will be available endocrinologists, ophthalmologists and dieticians, and to provide continuous maternity care to all women. we all worked together to enable the best possible outcomes for both the mother and baby during those Victoria, together with other states and territories, has periods of pre-pregnancy, pregnancy and the postnatal undertaken this action to amend the relevant drugs and periods. poisons legislation that will enable appropriate prescribing rights for midwives to facilitate access to Often I was monitoring and adjusting insulin levels, the pharmaceutical benefits scheme, or PBS, to allow working closely with endocrinologists, obstetricians subsidies for women. Of course giving PBS authority to and in some cases country Victorian GPs to enable
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1808 COUNCIL Thursday, 29 March 2012 those best possible outcomes, but I undertook specific The bill amends the Drugs, Poisons and Controlled further tertiary education and obtained a further Substances Act 1981 to facilitate appropriate qualification to be able to do so. It was not the standard prescribing rights for midwives. It allows midwives list of drugs that we are talking about in this instance. access to the pharmaceutical benefits scheme (PBS) for their clients — although personally I prefer to call them If the act is not amended to provide for endorsed patients. Granting PBS authority to midwives at a midwives to obtain, possess, use or supply scheduled commonwealth level simply confers an authority to medicines, Victoria will not be able to participate fully claim the rebate for certain PBS medicines. Their in the National Maternity Services Plan 2010, clients will also be able to benefit from the especially in the provision of more maternity services commonwealth rebate schemes for these services. for rural and remote communities, and I think that is Without this authority, Victoria’s midwives would be terribly important. Without prescribing authority unable to provide a range of private midwifery services Victorian midwives would not be able to effectively and, most importantly, Victorian mothers-to-be would utilise the Medicare benefits schedule items that would be out of step with the rest of Australia and severely facilitate access to a greater range of collaborative care disadvantaged. models, which is equally important. In all cases, under the new legislation midwives must In conclusion, this legislation has been widely have a collaborative arrangement with a medical supported by a range of stakeholders. It gives greater practitioner who has been designated for that purpose. flexibility to midwives and women during their This might be an obstetrician, a medical practitioner pregnancy and their six-week postnatal period. Women who provides obstetric services or a medical will be able to receive a PBS rebate for medicines practitioner employed or engaged by a hospital prescribed as part of a private midwifery practice and authority. otherwise. The bill brings Victoria into line with other Australian states and territories. Importantly, it enables In conclusion, the amendments will assist and benefit those women who live in rural and remote areas to have the clients of an eligible midwife to receive greater access to a range of midwifery services, as I comprehensive medical services and will obviate the have already said. It further enhances health services for need to utilise unnecessarily the services of a medical Victorian women and their families. Again, I am practitioner or nurse to have medicines prescribed for pleased that the opposition parties are not opposing this routine maternity care. My colleague Mr Jennings has bill. I commend the bill to the house. already indicated to the house that the opposition is not opposing the bill. The ACTING PRESIDENT (Mr Ramsay) — Order! Thank you, Ms Crozier. I recognise your Mrs PETROVICH (Northern Victoria) — I rise to considerable experience and knowledge in this area. speak on the Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012, and I Mr ELASMAR (Northern Metropolitan) — I rise to have to say that I am very pleased to do so. This bill contribute to the debate on the Drugs, Poisons and was developed in response to the commonwealth Controlled Substances Amendment (Supply by National Maternity Services Plan. That plan followed a Midwives) Bill 2012. By way of background, in 2008 national consultation and agreement by the Australian the Labor federal government undertook a review of government and provides a five-year vision for maternity services with a view to coordinating a maternity care in Australia. These amendments to the national plan for the Australia-wide delivery of Drugs, Poisons and Controlled Substances Act 1981 multidisciplinary midwifery services. The maternity provide a mechanism for suitably qualified and services review was undertaken by the commonwealth authorised midwives to prescribe approved medicines. chief nurse and midwifery officer, with a report published in February 2009. The recommendations Having used the services of qualified midwives on at contained in the report include expanding the role of least two occasions, I can say that their work is midwives to deliver greater access to a range of invaluable to the community. From a mother’s point of maternity care services within a collaborative care view, it is very reassuring to know that this bill environment. The National Maternity Services Plan improves a range of services in maternity care for 2010 was developed following extensive consultation Victorian women and their families. It is reassuring to with stakeholders and was agreed to by Australian state know an experienced midwife is on the job, and it will governments. be very comforting to a birthing mum to have all the ancillary services that will be provided as a result of this bill.
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The maternity services plan includes an agreement by decisions; and professional boundaries and ethics the states and territories to use best endeavours to guidance. amend the relevant drugs and poisons legislation to enable appropriate prescribing rights for midwives to If the act were not amended to provide for an endorsed facilitate access to PBS (pharmaceutical benefits midwife to obtain, possess, use, sell or supply scheme) subsidies for women. Obviously every birth is scheduled medicines, Victoria would not be able to not the same, and it is important to have that sort of participate fully in the National Maternity Services Plan responsive care available during a woman’s most 2010, especially in the provision of more maternity vulnerable time. It enables the best possible quality care services for rural and remote communities. Those to be provided to mother and baby. communities in northern Victoria that I represent are often home to small rural hospitals that rely heavily on Since 1 November 2010 suitably qualified and eligible the services provided by highly professional nurses. midwives have had limited access to Medicare benefits schedule items and the pharmaceutical benefits scheme Without prescribing authority, Victorian midwives for the practice of midwifery. The PBS authority is for would not be able to effectively utilise the Medicare medicines prescribed in private midwifery practice and benefits schedule items that facilitate access to a wider is limited by state and territory prescribing rights. It is range of collaborative care models. In due course for reimbursement only and is not an authorisation to amendments will be made to the Victorian Drugs, prescribe. The bill amends the act to enable a registered Poisons and Controlled Substances Act to authorise and midwife whose registration is endorsed under endorse midwives in the same way as other health section 94 of the national law to obtain, possess, use, practitioners with scheduled medicines endorsement are sell and supply any schedule 2, 3, 4 or 8 poison authorised under provisions of the national law. That is approved by the minister in the lawful practice of his or a great step forward. her profession as a midwife. Prescribing by endorsed midwives in Victoria will be Midwives are qualified to provide pregnancy, birthing limited to the list of scheduled medicines approved by and postnatal care to women and infants. In my the Minister for Health. The list will include the experience it is of great comfort to a birthing mum or a schedules 2, 3, 4 and 8 medicines required for heavily pregnant mum to know that that care is midwifery practice across pregnancy, labour, birth and available and on hand regardless of the circumstances postnatal care. The Victorian list will be developed in of the birth and whether it is an easy or more consultation with professional and clinical experts and complicated one. It is a great comfort to a birthing mum will be consistent with contemporary best practice to know that all facilities are available and that any ethical guidelines for prescribing by endorsed prescribed medicines that are required will be available. midwives.
With a scheduled medicine endorsement by the Nursing With access to the Medicare benefits schedule, a and Midwifery Board of Australia under section 94 of pharmaceutical benefits scheme authority will allow the national law, endorsed midwives are qualified to eligible endorsed midwives to provide private prescribe medicines within the scope of midwifery midwifery services at the rebated rate. This provides a practice in accordance with state and territory real choice for birthing mums and access to a range of legislation. To apply for scheduled medicines midwifery services. With those few words, I commend endorsement, midwives have to complete specific the bill to the house. training as well as meeting the NMBA requirements, and there is a comprehensive regulatory professional Mrs COOTE (Southern Metropolitan) — It gives practice framework in place to support safe midwifery me a great deal of pleasure to be speaking on the Drugs, practice. Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012. I would like to This includes competency standards; registration commend Ms Crozier and Mrs Petrovich for the standards, which include recency of practice; contributions they have made, particularly Ms Crozier, professional indemnity insurance; eligible midwife who put the government’s view very succinctly and endorsement under section 94 of the national law; outlined the purpose of the bill, the direction in which continuing professional development and guidance we want to take it and why it is such an important bill. specific to midwife practices, which include Ms Crozier has a background in nursing, and she homebirths; midwifery prescribing course brought a great deal of professional knowledge to her accreditation; guidelines for the scope of practice contribution to the debate on the bill.
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At the outset, I think it is important to think about the young or older, male or female; you can work in practice of midwifery. Nurses do the most amazing Australia or overseas. They are excellent professions if work in this state and across the country. It is pleasing you want to have flexibility in your life and you want to to see a number of younger women and men taking up be able to get a proper life balance. the profession of nursing, because it is such a noble and vital cause. One of the areas of nursing that would In 2008 the commonwealth began to investigate ways probably be the most joyful would be midwifery. To be in which the national coordination of maternity services watching and involved with new lives and the joy they could be facilitated. The result of these investigations bring would have to be a very gratifying thing. Here in was a report first published in February 2009. In 2002 this place we can spend a whole week — as we have the Council of Australian Governments agreed to a just done — sitting up late at night, talking about bills, National Maternity Services Plan to implement the debating, adjourning, making members statements, recommendations of the report. An agreement reached looking at reports and doing a lot of talking. But at the in the COAG plan was that all states and territories end of a session for midwives, there is a new baby. It is would use their best endeavours to amend relevant joyful and exciting and something that none of us could drugs and poisons legislation to enable appropriate ever say compared with anything that we do. It must be prescribing rights for midwives to facilitate women’s one of the most amazing things to be involved with. access to subsidies from the pharmaceutical benefits scheme. It would also be challenging having to deal with a whole lot of people who are in an emotional state or This is where Australian federalism requires the who are perhaps mothers and fathers for the first time. cooperation of the states, the territories and the Midwives must deal with a lot of their complex issues, commonwealth. It is now going to be of particular concerns and anxieties — not to mention the relatives, interest to see how COAG unfolds, given that we have who seem to be so involved in the birth of a child these so many wonderful Liberal-led states in this country. days. I am sure they are particularly challenging. With Queensland coming on board, we have Liberal governments all down the eastern side of Australia. What does this bill do? The purpose of this bill is set COAG is going to be a very different place. It is out in clause 1, and it is: extremely important to understand that many decisions can be made, given that there are so many Liberal … to amend the Drugs, Poisons and Controlled Substances states. Act 1981 to allow suitably qualified and endorsed midwives to possess, sell, use or supply certain drugs required for midwifery practice. We have Queensland, which has an overwhelmingly successful Liberal-Nationals government with Premier This is predominantly achieved by two clauses in the Campbell Newman at its helm. We have New South bill — Ms Crozier outlined them succinctly — with Wales; Barry O’Farrell is the premier in NSW. We restrictions and regulations making up the remainder of have Victoria, with Ted Baillieu and our team in the bill. Clause 4 defines a registered midwife, and government. We have Western Australia, where Colin clause 5(1) inserts new section 13(1)(bc), which will Barnett is the Premier. We are in control of the two add registered midwives to the list of health most populous states and the two largest mining states professionals authorised by section 13 to obtain and in the country, and we will have those representatives have in his or her possession and to use, sell or supply attending COAG. We have the tiny states of Tasmania scheduled substances. and South Australia, and those representatives will be at COAG too. COAG is going to be a very different place. I have spoken in this chamber before about how scheduled substances come to be classified as such and It will be important to watch what health issues will how those relationships with the authorities are formed, come on stream in the future, and they will be debated particularly when we were discussing the synthetic at COAG. I am quite certain that our Premier and the cannabinoids — Kronic in particular — and their Minister for Health, the Honourable David Davis, will relationship with the federal government. ensure that Victoria’s health sector is at the forefront of issues so that Victorians will benefit. This was not the The bill ensures that certain health practitioners are case when Victoria was what it used to be — when it restricted and empowers the Minister for Health to was represented by Labor at COAG and when it was approve the list of scheduled drugs and poisons that just a poor cousin. We saw Mr Brumby absolutely roll midwives can use and prescribe. It will bring Victoria over and accept what the national government said it into line with other states and territories. Nursing and was going to do to the health system in this state. We midwifery are very flexible professions. You can be will be taking issues to Prime Minister Julia Gillard and
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Thursday, 29 March 2012 COUNCIL 1811 federal ministers to make quite certain that health in There will be whole raft of professionals who will look Victoria is the very best for Victorians. closely at this debate to make certain that is the case. That definition will be a particularly useful one. This bill deals with midwives and the cooperation of all states. We welcome anything that involves security and For those members who feel they might like to have a a common understanding of this issue. We welcome profession after politics, they might consider being perfect clarity. Anyone presenting as a midwife in this midwives. If they do, there are two main ways to state or any other state will know with certainty what become a midwife. There is a bachelor of midwifery, they will be dealing with. which is a three-year undergraduate degree that can be completed by people who do not have a nursing PBS (pharmaceutical benefits scheme) rebates are qualification. There is usually a substantial focus on the financed through the federal budget; therefore the continuity of care — that is, providing care to women commonwealth legislation sets out who can claim a from the beginning to the end of their pregnancy. In rebate in relation to PBS medication. Laws passed by relation to clinical learning, students need to spend at respective state governments regulate prescription least 50 per cent of the overall program on clinical drugs through the same laws that ban certain illicit placements in order for the course to be accredited. The drugs of dependence. In the debate in this place on the second way to become a midwife is to complete a use of drugs of dependence and synthetic cannabinoids bachelor of nursing degree course and then a graduate we dealt with this issue at length. In Victoria these diploma or master of midwifery course. These drugs are regulated under the Drugs, Poisons and programs are generally 12 to 18 months in length and a Controlled Substances Act 1981, which will be nursing degree course generally takes three years. amended by this bill. Members can see that the approach is professional and Different classes of drugs are included in different the courses are very thorough. I recommend them, schedules to the act. Narcotics are treated differently to perhaps not to people in here but to constituents or drugs prescribed by health practitioners. This is family members who are considering going into the something very important to understand. The schedules, very noble profession of midwifery. It is important that as I indicated, are usually bound up with schedules they understand what they are dealing with. located in the federal arena. It is important to make what we are dealing with very clear. Just because the Midwives undertake a large amount of study, both commonwealth says a midwife has the authority to clinical and through course work. Their knowledge is claim a rebate on medication under the PBS, it does not both theoretical and practical, and that is an important mean that a Victorian midwife can prescribe that same aspect. I have been told many times by nurse educators medication. The passing of this bill will mean that that when young nurses look at the courses they all Victoria will play its role in cooperating with the other expect the work will be like it is in television programs, states and territories and the commonwealth by and they find it very difficult to deal with the reality. It allowing midwives to prescribe pharmaceuticals that is important for midwives to understand both clinical relate to their profession. and practical aspects. When nurses come out of their courses they need to know what they will be dealing It is important to put on the record the official definition with so there will be no surprises, and they will go on to of midwife. I think we all have a vague idea of what it be very good at their jobs. is, but the bill defines a ‘registered midwife’ as being: After undertaking an undergraduate or postgraduate … a person registered under the Health Practitioner degree course, midwives must be registered with the Regulation National Law — Nursing and Midwifery Board of Australia. I note it is (a) to practise in the nursing and midwifery profession as a the Australian board, which provides flexibility. In his midwife (other than as a nurse or student); and second-reading speech the minister noted that there are quite onerous requirements on midwives to be endorsed (b) in the register of midwives kept for that profession … by the board. These requirements include evidence of That is a fairly straightforward definition that ensures current competence to provide pregnancy, labour, birth that practising midwives will be covered by legislation. and postnatal care through a professional practice We have to remember that when we create bills it is not review. The minister noted also that as registered health just so we can speak on those bills. They make a professionals, midwives must have professional difference to people’s lives. There will be people who indemnity insurance and undertake mandatory will challenge these bills and look at the detail of them continuing professional development each year. They to make quite certain they are doing the right thing. must also have in place a collaborative arrangement
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1812 COUNCIL Thursday, 29 March 2012 with a designated medical practitioner, who is either an empowers the minister to specify at which health obstetrician, a medical practitioner who provides services and in which clinical circumstances the drugs obstetric services or a medical practitioner employed or may be used. engaged by a hospital authority. The bill amends the Drugs, Poisons and Controlled As I said at the outset, midwifery must be one of the Substances Act 1981 to authorise midwives with a most joyous professions. However, every so often prescribing endorsement to possess, use, sell or supply something will go wrong with the birth of a baby. It is certain scheduled medicines required for midwifery really important to understand and to back what the practice. God bless the midwives, I have to say. I have board insists upon — that is, continuous education, had personal experience watching them in action. recognising that in the changing world in which we live During both my short time as an executive director of it is important to understand what can go wrong with the Royal Women’s Hospital and as a father I have the birth of a baby. Any parents who are just about to watched midwives in action. experience the birth of a baby are expecting everything to be all right, but sometimes it is not. When things do I think back to 1990, when my son was born and my not go right it is important that midwives and any other wife went through a 16-hour labour and then had to be health professionals who are involved know how to transferred to another hospital for an emergency give the mother and baby the best care possible. These caesarean procedure. As she was being moved into the days we have an increasing number of older mothers room where the caesarean procedure was to take place, who are presenting with more complicated issues. They they encouraged me as the husband to come in and be go into pregnancies understanding a lot more than part of it all. I did that, but at the time I had failed to put perhaps their much younger counterparts. However, on the proper gown, head wear and all that sort of stuff. they are facing much greater challenges. It is important So I went out again to get dressed appropriately. In the that midwives understand that. process of doing that, I knocked over a tray of instruments, I was so nervous. Who saved the day? The In conclusion, it is important that we recognise the midwives. Thank God for the midwives. They very valuable role nurses and midwives play in health much took control of the situation. They sat down a service delivery and patient care. The bill does that by very, very nervous husband and they calmed his wife. providing midwives with the authority to prescribe certain prescription drugs while at the same time Midwives are people who are calm, they are people ensuring that the public is protected by strict who are reassuring, they are people who are focused safeguards. It is expected that the bill will provide and they are people who are considered. And they are Victorian women, particularly those in regional there for one of the most important moments in the life Victoria, with greater access to midwife services, and it of any dad and mum, because they are the calming will enable them to receive a PBS rebate for medicines influence that makes it all come together. Even when that are prescribed by a midwife. I have great pleasure there is a moment of complication, the midwives are in commending the bill to the house. the people who make it all seem okay. God bless the midwives. Mr ONDARCHIE (Northern Metropolitan) — It is an honour to rise today to speak on the Drugs, Poisons The bill defines midwife as ‘a person registered under and Controlled Substances Amendment (Supply by the Health Practitioner Regulation National Law’. Midwives) Bill 2012. Again, I have the quinella: two Endorsed midwives are able to possess, use, sell or days in a row I have been able to follow Mrs Coote. I supply any schedule 2, 3, 4 or 8 medicines approved by have to say to newer members of the chamber, and the Minister for Health. The bill provides for the even those more experienced, that they could learn an minister to approve a list of medicines to be prescribed interesting lesson if they followed Mrs Coote. by midwives. The minister also has the capability to limit circumstances where a midwife can prescribe The government has introduced this bill to allow medicine such as the form in which it is prescribed or in suitably qualified registered midwives whose relation to the purpose for which it is prescribed. The registration has been endorsed by the Nursing and Drugs, Poisons and Controlled Substances Regulations Midwifery Board of Australia to possess, use, sell and 2006 will be amended accordingly to facilitate these supply a number of drugs used in the course of changes and include a list of medicines approved by the midwifery practice. In accordance with the Drugs, minister. Poisons and Controlled Substances Act 1981, midwives will be authorised to use those drugs specified on a list By way of background, in 2008 the commonwealth approved by the Minister for Health. The bill also government committed to develop a coordination of
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Thursday, 29 March 2012 COUNCIL 1813 national maternity standards. The maternity services would not have been able to enjoy that special moment review was completed in February 2009. The review today. made many recommendations with a view to expanding the role of midwives to deliver wider access to a Appropriate safeguards associated with this bill are in collaborative multidisciplinary care environment. The place. The Nursing and Midwifery Board of Australia 2010 National Maternity Services Plan was developed has a comprehensive regulatory framework for on a national level. midwives, including its registration process to become an eligible midwife. The national law provides for This bill brings Victoria into line with other states, endorsement for scheduled medicines for midwives. following an agreement to use our best endeavours to Under this framework an applicant must be a currently amend the relevant drugs and poisons legislation to registered midwife in Australia, and Mrs Coote went enable appropriate prescribing rights for midwives to into a great deal of detail explaining the description of a facilitate access to the pharmaceutical benefits scheme midwife for us. They must demonstrate three years of (PBS) subsidies for women. full-time post-initial registration experience as a midwife and provide evidence of competence to As I said earlier in my contribution, I admire provide pregnancy, labour, birth and postnatal care midwives — I admire those who have undertaken that through a professional practice review. They must also practice for such a long time. Indeed, we are blessed in have approved qualifications to prescribe the schedule this chamber. Our own Ms Crozier was a midwife for of maintenance. Midwives are required, as are all some 10 years. She brings to this chamber a raft of health-care professionals, to have professional experience and tales about the benefits of midwives. As indemnity insurance with mandatory professional I said, we are blessed to have her here in the chamber. development each year to keep them on song with where they need to be. The national legislation in place allows midwives to claim rebates for certain PBS medicines. State Our own Ms Crozier was very skilled over the 10-year legislation such as this bill provides authority through period she assisted with births; she must have some the drugs and poisons legislation. This amending bill special tales to tell. Some beautiful children have been allows midwives to provide a broad range of services brought into the world with the assistance of and work collaboratively with medical practitioners. Ms Crozier, and I have to say they are very blessed Without these changes and the benefits associated with children. public rebate schemes, women and families would be limited in their access to maternity services. This is a Mrs Coote — What a lovely thing to see the first very important bill and one that we as a chamber should time you open your eyes! get right behind. Mr ONDARCHIE — Indeed, the first thing those The special times in my life include the birth of all three babies got to see was Ms Crozier, and I suspect they are of my children. Each time the midwife was the calm in the envy of many people in this world. the storm. The husband was getting all agitated — a useless bloke standing in a delivery room, trying to give Midwives accessing the Medicare benefits schedule or advice about the best way to breathe and control pain. the pharmaceutical benefits scheme must have a The bloke had no idea what he was talking about — no collaborative arrangement with a designated medical idea whatsoever! Who was the guide, the legend, the professional. To apply for endorsement to deal with person in the room who made it all come together scheduled medicines, midwives must complete specific seemingly so smoothly? In fact it was my wife; she training and meet Nursing and Midwifery Board of made it happen, but the midwife played a very Australia requirements in terms of the comprehensive important role in making it all come together. Thank regulatory and professional practice framework which God we were blessed with three beautiful children, one supports safe midwifery practice. The requirements of whom arrived home from England today for Easter. include competency standards, registration standards, It is a special moment in one’s life when a child returns guidance specific to midwife practice relating to to the nest. Members of this place who know me well homebirth, course accreditation standards for the will know this has not really worried me much over the midwifery prescribing course, guidelines for the scope last little while he has been away. I have been very of practice decision making and professional calm and happy about the whole thing — that is untrue; boundaries and professional ethics guidance. it is a pleasure to have him home. Had it not been for the love of God, the skills of the midwife and my wife I The list of medicines approved by the Minister for Health is expected to be developed in due course, with
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1814 COUNCIL Thursday, 29 March 2012 the consultation of clinical experts, other jurisdictions put pressure on hospitals to deliver all these services. and the Nursing and Midwifery Board of Australia. We support the scheme included in this bill, but we do This will ensure that contemporary evidence-based not support things like a carbon tax, that apparently was practice and best practice guidelines are continually never going to be introduced by a government led by maintained when bringing the most important thing into the Prime Minister. our world: a new child. This bill will be of great benefit to remote communities, Mr Leane — Ms Crozier was a midwife. which may not have access to a wide range of maternity resources. Enabling midwives to have prescribing Mr ONDARCHIE — As Mr Leane points out, and powers will alleviate the limitation on those remote I remind members in the chamber in case they are not communities for access and adequate services. The certain, Ms Crozier was a midwife for some 10 years. I Baillieu coalition government is governing for all suspect Mr Leane was not quite young enough to get Victorians, both metropolitan and rural, and, as already the benefit of Ms Crozier’s skills, but nonetheless her demonstrated in our very short time in government, it is contribution has been particularly beneficial to this fixing the problems. We are dealing with the poor whole discussion. legacy of the Brumby Labor government. This is a wonderful bill. After only 15 months of coalition In a sense this bill before the house is about increasing government, our no. 1 priority has been arresting the the scope of midwifery practice in Victoria, and this slide of the economy and delivering a conservative will result in Victorian women being given more budget, not to mention dealing with unfunded Labor choices as to the type of antenatal, labour and postnatal projects such as the Olivia Newton-John Cancer and care they want. This is very important. Having watched Wellness Centre and the ICT situation left for us at the three kids being born, and as a useless bloke in the Royal Children’s Hospital. The Baillieu coalition birthing area, I have to say that apart from my hands government is on top of this. being squeezed and trying to teach someone who was going through pain how to breathe, it was my fault. The federal Labor government came to power in 2007; only in 2009 did it fund the legislative amendments of Victoria is experiencing an ongoing baby boom, 2010. We have seen a federal Labor government talk particularly in my area, the Northern Metropolitan but take little action, yet this coalition government is Region. The city of Whittlesea sees 173 new residents introducing this change after only 15 months in arrive every week — not through births alone. The government. It is interesting that those on the other side outer suburbs of Melbourne are experiencing a boom. of the chamber have spent the better part of this week This bill creates an advantage, because it gives us the being critical of this government’s performance, but opportunity to broaden the range of maternity services here we are: the coalition government is delivering for available to women by extending the services provided Victorians. by midwives. Hence the government is taking action to accommodate the growing requirements of this baby The Baillieu-Ryan government understands the needs boom. Watching all the new families arrive in the of women, it is getting behind health services, and it is northern metropolitan area is particularly special to me. opening up opportunities for midwives to do the most Access to maternity services for Victorian women and precious thing they do, which is delivering new babies families will be strengthened through the increased into the community. God bless them all. I commend the capacity of midwives in this state. This bill facilitates bill to the house. the implementation of the 2010 National Maternity Services Plan and will give effect to the Motion agreed to. commonwealth’s budgetary measures to allow authorised midwives access to the PBS. Read second time; by leave, proceeded to third reading. This government endorses national schemes at times; at other times it does not. This is an instance where the Third reading government has identified the importance of providing a wide range of maternity services to women and Motion agreed to. families, and as a result this national scheme is wholly Read third time. supported by this coalition government. We do not support the carbon tax because we know that ultimately the carbon tax will have a negative effect on our health services. It is going to drive up costs for hospitals and
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DISABILITY AMENDMENT BILL 2012 The bill amends the act to require that an independent person only has to be available to explain to a person with a disability Introduction and first reading the review of the person’s behaviour support plan annually or whenever there is a proposed increase in restraint or seclusion. The amendment retains the important role of the Received from Assembly. independent person in explaining amendments to behaviour support plans that restrict a person’s liberty (and in relation to Read first time for Hon. D. M. DAVIS (Minister for which they may wish to seek a review). Consequently, the Health) on motion of Hon. P. R. Hall; by leave, amendment does not limit the right to a fair hearing, nor the ordered to be read second time forthwith. right to liberty and security of the person. Amendments that promote rights in the charter act Statement of compatibility The bill makes a number of amendments that promote rights For Hon. D. M. DAVIS (Minister for Health), in the charter act. Hon. P. R. Hall tabled following statement in Allowing family members to authorise service providers to accordance with Charter of Human Rights and manage a resident’s money Responsibilities Act 2006: Section 93(1) of the act requires an administrator to be In accordance with section 28 of the Charter of Human Rights appointed to authorise a service provider to manage a and Responsibilities Act 2006 (charter act), I make this prescribed amount of a resident’s money, where the resident statement of compatibility with respect to the Disability is unable to provide the consent themselves. The bill amends Amendment Bill 2012. the act to allow family members or others who are responsible for managing the person’s money on an informal In my opinion, the Disability Amendment Bill 2012, as basis to authorise the service provider to manage the person’s introduced to the Legislative Council, is compatible with the money. By recognising the authority of family members and human rights protected by the charter act. I base my opinion significant others in providing care and assistance to the on the reasons outlined in this statement. person with a disability, the amendment promotes the protection of families in section 17 of the charter act. Overview of bill Compulsory orders The purpose of the bill is to amend the Disability Act 2006 (the act) to make a number of technical and administrative The act specifies that where a person is subject to compulsory amendments and to make one minor amendment to the treatment and admitted to a residential treatment facility, a Human Services (Complex Needs) Act 2009. treatment plan must be prepared within 28 days. The bill promotes the right to a fair hearing by requiring the authorised Human rights issues program officer who prepares the plan to inform the person of the right to seek a review of the treatment plan by VCAT. One amendment engages but does not limit rights in the charter act, while a number of other amendments clarify An additional amendment to the act relates to supervised rights and responsibilities with the effect of promoting and treatment orders which provide for the civil detention of a strengthening rights in the charter act. person with a disability. The amendment promotes the right to a fair hearing as it provides that the person who is the Amendments that engage but do not limit rights in the subject of the supervised treatment order is to be notified of charter act the application for a supervised treatment order. Change to the role of the independent person Assessment orders Under section 143 of the act, an independent person must be Section 199(3) of the act permits the senior practitioner to appointed to explain a range of matters to a person with a make an assessment order for the purpose of enabling a disability related to the use of restraint and seclusion, treatment plan to be prepared for a person. An assessment including the right to review by the Victorian Civil and order allows a person to be detained for up to 28 days for the Administrative Tribunal (VCAT). Section 143 engages the assessment to occur. The bill provides for a person to seek a right to a fair hearing in section 24 of the charter act, as it review at VCAT of the decision to make an assessment order. provides a mechanism for a person with a disability to be This promotes the right to a fair hearing and the right to informed about their right to challenge decisions made in liberty and security of the person. relation to them at VCAT. Section 143 also engages the right to liberty and security of a person in section 21 of the charter Conclusion act, as it provides for safeguards against arbitrary detention. I consider that the Disability Amendment Bill 2012, as Section 143(1)(c) of the act currently requires an independent introduced to the Legislative Council, is compatible with the person to explain any change to a behaviour support plan, Charter of Human Rights and Responsibilities Act 2006. regardless of whether the change involves the use of restraint or seclusion. This has proved to be unduly onerous and Hon. Wendy Lovell, MP unnecessary to protect rights, as behaviour support plans may Minister for Housing be reviewed up to four times a year, including to reduce the use of restraint or seclusion.
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Second reading plan or when there is an increase in the use of restraint or seclusion. Currently the independent person is involved in all Ordered that second-reading speech be reviews concerning a behaviour support plan, which may be as frequent as four times a year. This level of frequency had incorporated into Hansard on motion of not been anticipated when the act was drafted. Hon. P. R. HALL (Minister for Higher Education and Skills). A further amendment to reduce the administrative burden on disability service providers is the removal of the requirement Hon. P. R. HALL (Minister for Higher Education to develop a behaviour support plan where a person is subject to a compulsory treatment order and has a treatment plan. A and Skills) — I move: treatment plan supersedes and duplicates the information contained in a behaviour support plan, making the latter That the bill be now read a second time. unnecessary.
Incorporated speech as follows: The introduction of these amendments will reduce the administrative burden placed on disability service providers, The Baillieu government is committed to protecting the rights while ensuring rights are protected. This will allow resources of Victorians with a disability and reducing the administrative to be prioritised to service delivery, leading to better burden on disability service providers. outcomes for clients.
The Disability Amendment Bill 2012 will amend the The bill will also clarify some unintended consequences of Disability Act 2006, which commenced in 2007. It will also the act. The definition of a ‘residential service’ has been make a minor technical amendment to the Human Services amended to allow that accommodation and support may be (Complex Needs) Act 2009. provided by different disability service providers. Accommodation may also be provided by an entity that is not The main purpose of the amendments is to protect and a disability service provider, such as a housing association. strengthen the rights of people with a disability, while The amendment has the effect of ensuring residential rights clarifying administrative and operational issues that have for people in disability services currently exempted from the arisen since the disability act came into effect. These Residential Tenancies Act 1987. amendments will not change the policy intent of the legislation. The amendments also clarify the jurisdiction of the disability services commissioner. Under the amendments the This bill is another way that the government is ensuring commissioner can consider complaints about services that are Victoria is best placed for the possible introduction of a provided by an organisation contracted or directly funded national disability insurance scheme. under the disability act by the Secretary to the Department of Human Services. In particular, the bill addresses concerns that have been raised about the detention of a person for the purposes of an This will allow the disability services commissioner to assessment order under section 199 of the act. This section consider complaints about organisations that do not fall permits the senior practitioner to authorise the detention of a within the current definition of ‘disability service’ in the act, person, without the person being able to seek a review of the such as disability advocacy services and the financial decision. intermediary service. This change will increase the protection that the commissioner is able to provide to people with a The bill amends the act to enable an application to be made to disability. the Victorian Civil and Administrative Tribunal for a review of the decision. This amendment will increase the Another unintended consequence of the act concerns the accountability and transparency of procedures relating to management of a resident’s money by a disability service assessment orders and ensure that the rights of people with a provider. The act attempted to limit the role of a disability disability are protected. service provider in managing a resident’s finances. In practice this section has precluded disability service providers from The bill aligns with the government’s election commitment to acting on directions given by a resident’s family or other reduce red tape by addressing key issues identified by significant person about the management of the resident’s disability service providers, while safeguarding the rights of money. The bill enables a disability service provider to those who use disability services. manage a prescribed amount of a resident’s money if a person The first amendment exempts residential respite services from who informally manages the resident’s money, such as a the requirement to provide a residential statement. This family member, gives the provider written consent to do so. requirement has been identified as onerous by disability The bill will also amend the Human Services (Complex service providers. Needs) Act 2009 to ensure that the powers and functions Removing the requirement to provide a residential statement established by that act are vested in the Secretary to the to people using residential respite services does not Department of Human Services, who administers the multiple disadvantage them. The act requires that all disability service and complex needs initiative, rather than the Secretary to the providers give people information about the services to be Department of Health, as is presently the case. delivered to them, including costs, complaint procedures and These amendments will ensure that the rights of people with a legal rights under the act. disability are protected and strengthened, while delivering on The second amendment means that an independent person the government’s commitments to reduce red tape and will be involved in the annual review of a behaviour support improve transparency and accountability.
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In the context of ongoing preparations for the possible make technical and consequential amendments. introduction of a national disability insurance scheme and continuing disability reform in Victoria, this bill is an Application of non-Victorian law important step in ensuring our legislative base is as strong as possible. Part 11 of the bill deals with the application of the Corporations Act 2001 (cth) (Corporations Act) to I commend the bill to the house. incorporated associations, recognising that effective governance is just as important for incorporated associations Debate adjourned for Ms MIKAKOS (Northern as it is for corporations. Clause 144 excludes incorporated Metropolitan) on motion of Mr Leane. associations from the general operation of the Corporations Act and part 3 of the Australian Securities and Investment Commission Act 2001 (cth), except to the extent provided by Debate adjourned until Thursday, 5 April. the rest of part 11. Clause 145 of the bill applies a range of modifications of the Corporations Act so that it will operate in the Victorian context. Among other things, the operation of ASSOCIATIONS INCORPORATION certain Corporations Act provisions are modified to substitute REFORM BILL 2011 Victorian courts and public authorities, such as the registrar of incorporated associations created by clause 187 of the bill and the Director of Consumer Affairs Victoria. Introduction and first reading The effect of the declaratory provisions in part 11 of the bill Received from Assembly. are to apply specified provisions of the Corporations Act to incorporated associations as if those provisions were a law of Read first time for Hon. M. J. GUY (Minister for Victoria. Accordingly, s 32 (the interpretive rule) will apply Planning) on motion of Hon. P. R. Hall; by leave, to the Corporations Act provisions as modified, Victorian public authorities are substituted for commonwealth public ordered to be read second time forthwith. authorities so s 38 of the charter act will also apply.
Statement of compatibility Human rights issues For Hon. M. J. GUY (Minister for Planning), The bill raises a number of human rights issues. Hon. P. R. Hall tabled following statement in 1. Examinations and information-gathering activities accordance with Charter of Human Rights and Responsibilities Act 2006: Clause 153 provides that the text of part 5.9 of the Corporations Act applies with modifications to any matters In accordance with section 28 of the Charter of Human Rights declared under division 2 of part 11 of the bill. Part 5.9 and Responsibilities Act 2006 (charter act), I make this provides for examination of persons about a corporation’s statement of compatibility with respect to the Associations affairs; for orders to be made against a person where that Incorporation Reform Bill 2011. person is guilty of fraud, negligence, default, breach of trust or breach of duty in relation to a corporation and the In my opinion, the Associations Incorporation Reform Bill corporation has suffered loss or damage; and for the powers 2011 (the bill), as introduced to the Legislative Council, is of the courts where various forms of external administration compatible with the human rights protected by the charter act. have been ordered. Clause 145 modifies the operation of I base my opinion on the reasons outlined in this statement. part 5.9 to provide for the Supreme Court to summon a person for compulsory examination about an incorporated Overview of bill association’s examinable affairs.
The purposes of the bill are to: Section 596A of the Corporations Act (as modified by clause 145) provides that the Supreme Court must summon a introduce a new principal act that will repeal and replace relevant person for examination about an incorporated the Associations Incorporation Act 1981; association’s examinable affairs if an eligible applicant applies for the summons and the Supreme Court is satisfied incorporate amendments to the Associations that the person to be examined is or was an office-holder of Incorporation Act 1981 contained in the Associations the incorporated association or a provisional liquidator of the Incorporation Amendment Act 2010 (2010 amendment association. An ‘eligible applicant’ means the registrar of act) and in part 3 of the Associations Incorporation incorporated associations, a liquidator or administrator of the Amendment Act 2009 (2009 amendment act) and incorporated association, or a person authorised by the provide for the repeal of those amending acts; registrar to make such applications. An incorporated consolidate the provisions of the Associations association’s ‘examinable affairs’ is defined in s 9 of the Incorporation Act 1981 that are most commonly used by Corporations Act as ‘the promotion, formation, management, volunteer members and office-holders of incorporated administration or winding up of the incorporated association; associations into the initial parts of the act with technical any affairs of the incorporated association; or the business and administrative provisions consolidated in later, affairs of a connected entity of the incorporated association separate parts; insofar as they are relevant to the incorporated association.’ The registrar and any other eligible applicant may take part in modernise the language and structure of the associations an examination under that section. incorporations legislation; and
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Section 596B of the Corporations Act (as modified) provides an inspector under these provisions. Under clause 177, a the Supreme Court with a discretionary power to summon a person can refuse to give information on the basis of person for examination about an incorporated association’s self-incrimination. However, clause 177(2) provides that it examinable affairs if an eligible applicant applies for the extends only to testimony not to the production of documents. summons and the Supreme Court is satisfied that the person has taken part or been concerned in examinable affairs of the Clauses 146 and 153 of the bill, by applying the relevant incorporated association, has been or may have been guilty of provisions of the Corporations Act, engage the rights of an misconduct in relation to the incorporated association, or may individual not to be compelled to testify against himself or be able to give information about the examinable affairs of herself, or to confess guilt, to a fair trial, and to freedom of the incorporated association. expression. Clauses 161, 176, 177 and 182 of the bill also engage these rights to a lesser extent. Section 597(7) of the Corporations Act provides that a person who is examined must not, without reasonable excuse, refuse Right not to be compelled to testify (s 25(2)(k)) and the right or fail to answer a question that the court directs him or her to to fair trial (s 24(1)) answer. Section 597(12) provides that a person is not excused from answering a question put to the person at an Part 5.9 of the Corporations Act abrogates the privilege examination on the ground that the answer might tend to against self-incrimination by compelling testimony, but incriminate the person or make the person liable to a penalty. s 597(12A) provides an immunity against that testimony being used directly in subsequent proceedings. It does not Section 597(12A) allows a person to claim direct immunity prevent ‘derivative’ use of the testimony, which is when, as a from self-incrimination by providing that any answer which result of the compelled statement, further evidence is may incriminate a person is not admissible in evidence uncovered that incriminates the maker of the statement. against the person in a criminal proceeding or a proceeding Section 597(12A) does not prevent such further evidence for the imposition of a penalty. This immunity does not being used in a criminal prosecution against the person. In extend to proceedings brought in respect of the falsity of an respect of criminal proceedings following civil answer provided by a person during these examinations. contraventions, s 1317Q also provides a direct immunity, and Section 597(12A) does not prevent the indirect use of does not prevent indirect use of the compelled testimony. compelled testimony, for instance as a tool for investigating a Clauses 161, 176, 177 and 182 of the bill expressly preserve criminal offence. the privilege against self-incrimination in relation to compelled testimony, but the privilege is abrogated with Clause 146 of the bill applies certain civil penalty provisions respect to documents. of part 9.4B of the Corporations Act (with modifications) to officers of incorporated associations. As a result, s 1317R of Clauses 146, 153, 161, 176, 177 and 182 of the bill limit the the Corporations Act applies, as modified, to incorporated protection against self-incrimination provided by ss 25(2)(k) associations, so that the Director of Consumer Affairs and 24(1) of the charter act, as a person who is compelled to Victoria may require a person to give all reasonable assistance respond to examination by the court or produce documents to in connection with civil penalty or criminal proceedings under an inspector is not protected against the indirect use of that both the bill and the Corporations Act. Section 1317R(3), as information in future criminal proceedings. However, I am of modified, provides that the director can only require a person the view that the limitation is reasonable under s 7(2) of the to assist in connection with criminal proceedings if he or she charter act for the following reasons. is unlikely to be a defendant in the proceedings, and is an employee, agent or office-holder of the incorporated (a) The nature of the rights being limited association or is the business partner of the person who is the subject of the proceedings. Section 25(2)(k) of the charter act provides that a person who has been charged with a criminal offence has the right not to Section 1317Q provides a direct use immunity so that be compelled to testify against himself or herself or to confess evidence given, or documents produced, by an individual in guilt. The Supreme Court held that this right, as protected by civil proceedings under part 9.4b cannot be used as evidence the charter act, is at least as broad as the common law against that individual in criminal proceedings based on the privilege against self-incrimination. It applies to protect a same (or substantially the same) conduct that constituted the charged person against the admission in subsequent criminal civil contravention (except for criminal proceedings in respect proceedings of incriminatory material obtained under of falsity of evidence given by that individual). As with compulsion, regardless of whether the information was s 597(12A), s 1317Q does not prevent the indirect use of obtained prior to or subsequent to the charge being laid. The compelled testimony. common law privilege includes an immunity against both direct use and derivative use of compelled testimony. Additionally, clause 158 of the bill provides for a further power of examination that enables an inspector to apply to the At common law, the High Court of Australia has recognised Magistrates Court for an order requiring the person to answer that the application of the privilege to documentary material is questions or provide information in relation to an alleged not as broad as the protection against compelled oral contravention of the bill. Clause 161 grants the director or an testimony. Additionally, other jurisdictions have generally inspector power to direct a publisher to produce specified regarded a compelled order to hand over existing documents information that has either been published or is required to be as not constituting self-incrimination. Accordingly, any kept by the publisher under this bill. Clause 182 permits an protection afforded to documentary material by the privilege inspector conducting a search to require the occupier of the is limited in scope and this aspect of the right is not as premises, or their agent or employee, to provide information, fundamental as the protection against compulsory demands documents or reasonable assistance to the inspector. for verbal answers. Clause 176 states that it is an offence to refuse or fail to give information to an inspector or do any other thing required by
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Section 24(1) of the charter act protects the right to a fair not engage the most important principles underlying the right, hearing in both civil and criminal proceedings. The protection namely reducing the risk of improper interrogation techniques against self-incrimination and compelled testimony is a by public authorities, and the unreliability of evidence general incident of the fair hearing right. obtained through such methods.
(b) The importance of the purpose of the limitations Furthermore, the abrogation of the privilege against self-incrimination by the Corporations Act provisions is The reason for limiting the protection against limited to prescribed situations. In relation to s 596B(1)(b)(i) self-incrimination by not providing a derivative use immunity of the Corporations Act, the Supreme Court can only is to enable the regulator to perform its compliance and summon a person for mandatory examination about an enforcement functions, given the difficulties of investigating incorporated association’s examinable affairs (the scope of offences against the Corporations Act. The purpose is also to which is limited by the definition in s 9 of the Corporations assist liquidators, administrators and inspectors to discharge Act), and can only summon a person who is (or was) a their duties in regard to an incorporated association. member of the committee or the provisional liquidator of the Fraudulent conduct involving the finances of an association incorporated association. In relation to s 1317R, the may involve a tangled web of activities which can only be regulator’s power to require assistance in investigating unravelled and understood by a prolonged and meticulous contraventions is limited to persons who are unlikely to journey through complex records. To allow persons who have themselves be defendants, and who have a tangible the necessary knowledge of these transactions to refuse to involvement in the incorporated association’s activities. The answer questions, or in the case of part 12 of the bill, to refuse people who will be subject to these powers have all chosen to to produce documents, may make it impossible for participate in regulated activities and have assumed duties and investigators to understand these transactions. This may obligations in relation to the incorporated association. undermine the whole investigative process as well as any liquidation or administration proceedings that may also be on While the Supreme Court also has a discretionary power foot. under s 596B(1)(b)(ii) of the Corporations Act to summon a broader class of people for examination, including any person In relation to the compulsion to produce documents, such able to give information about the examinable affairs of the documents that will be relevant to proceedings under the act incorporated association, I am of the view that the abrogation will have been produced in compliance with duties and of the privilege against self-incrimination will still only occur obligations that committee members and office-holders in narrow and appropriate circumstances. In regards to the willingly taken on. examination of persons who are not office-holders of an incorporated association in accordance with s 596B(1)(b)(ii), Further, although a derivative use immunity to counter the it is highly unlikely that this class of persons would be at risk regulator’s compulsory information-gathering powers would of incriminating themselves with the information that they mean that these rights are not limited, I consider that it is too provide to a court and eligible applicant through the operation great a forensic advantage to give to examinees. If examinees of these provisions, given that such persons would not be could ensure that any information, document or other thing subject to the duties and associated penalties in this bill. derived directly or indirectly from the information they Further, a person who applies to the court for a summons to provided would be rendered inadmissible in any later criminal examine a person under s 596B must lodge an affidavit in or penalty-exposing proceedings against them, they would be support of his or her application as required by s 596C. This able to effectively protect themselves from prosecution. This underpins the requirement in s 596B that the court ‘must be would have a ‘thawing’ effect on investigations, as the satisfied’ that the summonsed person may be able to give regulator will be reluctant to examine suspected principal information about the examinable affairs of the association offenders early (or at all) in an investigation, given the before a summons will be issued. possibility of these persons becoming prosecution proof by volunteering information during a compulsory examination, The Scrutiny of Acts and Regulations Committee has and may prevent valuable evidence being placed before the previously expressed a concern, particularly in regards to courts. Investigations would be more circuitous, costly and examined persons who may not realise the extent of their less time efficient to avoid any possibility of immunising the rights under the Corporations Act, that the limited direct use key players from prosecution. immunity provided only applies if the examined person expressly claims the privilege against self-incrimination A derivative use immunity would also place an excessive and before answering the question. I have considered this issue unreasonable burden on the prosecution to prove that any and I am satisfied that under s 6(2)(b) of the charter act, the item of evidence it sought to tender in a criminal trial against court must act in accordance with ss 24 and 25 of the charter an examinee who had claimed derivative use immunity was act, and can issue a caution regarding self-incrimination to a not obtained either directly or indirectly from that person’s person being examined to prevent a breach of a person’s examination. This would unduly complicate trials and rights from occurring inadvertently. generate separate hearings to determine just when, and from what sources, particular information was obtained. In relation to the compulsion to produce documents under the powers of entry and inspection in the bill, the abrogation of (c) The nature and extent of the limitations the privilege extends only to the production of documents, which is the handing over of an existing document and not the While the use of derivative evidence engages one aspect of creation of that document. Any writing present in a document the rationale for the right, that a person should not be required will have pre-existed the order to hand over the document, to assist the state in building a case against him or her, it does meaning that any self-incriminating evidence derived from so to a lesser extent than the direct use of compelled the writing is not compelled. Furthermore, the handing over testimony because the derivative evidence exists of pre-existing documents to investigators on request or as independently of the testimony of the accused. Further, it does compelled by a court in most circumstances is analogous to
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the seizing of documents or evidence through the execution of officers, due to concerns about their future prospects or a lawful warrant. The execution of a lawful warrant does not employment, loyalty to the association, or concurrent engage the right to protection against self-incrimination. confidentiality and contractual obligations, their cooperation is essential to ensuring the effectiveness of the regulatory (d) The relationship between the limitation and its purpose scheme. The assistance of those responsible for, and familiar with, the processes and operations of an incorporated There is a close relationship between the limits and their association is necessary to enable investigations into purpose. The experience of enforcing these laws has shown regulatory compliance. that granting immunities in a regulated commercial context to the type of individuals most likely to be examined and The examination and information-gathering provisions of the exposed to criminal and civil penalties leads to protracted Corporations Act and part 12 of the bill have been designed to investigations, with the result that those responsible for protect those who deal with or have interests in the wrongdoing and misconduct can ultimately escape liability. incorporated association. Therefore, to the extent that freedom The absence of a derivative use immunity in relation to the of expression is engaged, these provisions are lawful application of Corporations Act provisions will allow the exceptions that fall within s 15(3) of the charter act, as they regulator to effectively investigate and unravel the complex are reasonably necessary to respect the rights of other persons, affairs of an incorporated association without jeopardising the or for the protection of public order. success of any criminal or civil penalty proceedings which may be brought after all relevant information has come to 2. Reverse onus in offence provisions light. Part 5.7B of the Corporations Act (as modified by clause 152) In relation to the limited abrogation effected by clause 177, it applies to incorporated associations in relation to insolvency. is necessary for regulators to have access to relevant Part 5.7B contains two relevant offences (ss 588G and documents to ensure the effective administration of the 592(1)) which place the legal onus of proof on a defendant regulatory scheme. Persons who will be subject to this power with respect to available defences. will be aware of their obligations to keep and provide such documents which relate to compliance (or non-compliance) Section 588G(2) imposes a duty on members of the with the regulatory scheme and cannot reasonably expect to committee of an incorporated association not to allow the be immunised from their production. association to trade while insolvent. Section 588H of the Corporations Act is a defence to s 588G(2). It requires a (e) Less restrictive means reasonably available to achieve defendant to prove on the balance of probabilities, that, before the purpose incurring a further debt, he or she had good reasons to believe that the association was solvent and would remain solvent The availability of a derivative use immunity in relation to the even if the further debt was incurred, or that he or she Corporations Act provisions would not allow the legislative reasonably relied on another person for information and scheme to achieve its purpose because it would make advice about the association’s solvency. investigations and prosecutions more complex and less effective. Having considered the right against Section 592(1) of the Corporations Act provides for a self-incrimination in other common law jurisdictions and criminal offence of insolvent trading where the debt was under human rights instruments, as well as commonwealth incurred prior to 23 June 1993. This offence is derived from government reports on use immunity provisions in the former insolvent trading provisions of the companies corporations law, I am of the view that direct use immunity code. Section 592(2) provides a defence to s 592(1) and for oral testimony is sufficient protection for individuals who similarly places a legal onus on the defendant to prove the have voluntarily taken on positions of responsibility and defence that he or she did not consent to the debt being privilege in a regulated industry. I express the same view in incurred, or had reasonable grounds to believe that the respect of clauses 161, 176, 177 and 182 which only limits incorporations association was solvent and would remain the protection against self-incrimination in relation to solvent if the further debt was incurred. pre-existing documents. Additionally, a number of regulatory offences within the Accordingly, there are no less restrictive means reasonably Corporations Act impose an evidential onus on a defendant to available to achieve the purpose of these limitations. adduce or point to evidence that goes to an exception, excuse or defence. The criminal offences in the applied corporations Freedom of expression (s 15) legislation ss 471A, 590, 597 and 597A, read in conjunction with s 72 of the Criminal Procedure Act 2009 (Vic), impose The compulsion to answer questions and assist with an such a burden. In addition, clauses 176 and 179 provide for investigation engages the right to freedom of expression offences relating to failing to comply with, hindering or under the charter act. Section 15 provides that every person obstructing an inspector without reasonable excuse. has the right to freedom of expression, which includes the freedom to impart information and ideas of all kinds. It also These provisions engage the charter act’s right to be encompasses the right not to impart information. presumed innocent until proved guilty according to law.
When members of an incorporated association take on Right to presumption of innocence (s 25(1)) positions of responsibility within that organisation, they participate in a regulated activity with associated duties and Section 25(1) of the charter act provides that a person charged obligations. They possess knowledge about the incorporated with a criminal offence has the right to be presumed innocent association’s affairs because of their positions. Although they until proved guilty according to law. A provision which may not wish to offer information in respect of the imposes the burden of proving their innocence on an accused incorporated association’s affairs or the performance of can limit this right.
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Evidential burdens of proof effectiveness of enforcement and compliance with the bill by enabling the offences to be effectively prosecuted and to thus In my view, the above provisions that utilise an evidential operate as an effective deterrent. The importance of this onus in relation to a ‘reasonable excuse’ defence do not purpose lies in the fact that it would be difficult and onerous transfer the burden of proof, because once the defendant has for the Crown to investigate and prove beyond reasonable adduced or pointed to some evidence, the burden is on the doubt that the member or office-holder did not have a prosecution to prove beyond reasonable doubt the absence of reasonable excuse. the exception raised. Furthermore, the burdens do not relate to essential elements of the offences and are only imposed on The purpose and effect of the defence in this provision is to the defendant to raise facts that support the existence of an provide a defendant with an opportunity, in appropriate excuse, that relate directly to matters within the knowledge of circumstances, to escape culpability for insolvent trading by the defendant. the incorporated association under the defendant’s watch.
Accordingly, in my view section 25(1) is not engaged by (c) The nature and extent of the limitation these provisions. The limit is imposed only in respect of the defence. The Section 588H of the Corporations Act prosecution would first have to establish the elements of the offence. Section 592 applies only to members of the Section 588H is a defence to the civil penalty provision in committee or office-holders of an incorporated association section 588G(2) rather than to a criminal offence. that traded while insolvent prior to 23 June 1993.
In some circumstances, a civil penalty may be of such (d) The relationship between the limitation and its purpose magnitude that a court may consider that it involves true penal consequences, therefore engaging the right to be The imposition of a burden of proof on the defendant is presumed innocent. In the present case, however, I do not directly related to the purpose of enabling the relevant offence consider that the penalty for breaching section 588G(2) can to operate as an effective deterrent while also providing a be classed as ‘true penal consequences’. If a person is found suitable defence in circumstances where the contravention liable for breaching a civil penalty under the applied was not deliberate. Unless the defendant can satisfy the court legislation, they may be subject to a declaration of that the debt was incurred without the defendant’s consent, or contravention under section 1317E, a pecuniary penalty order that the defendant did not have reasonable cause to expect under section 1317G (which has been modified by that the incorporated association cannot pay its debts or will clause 146(2)(c) to be a maximum penalty of up to $20 000) not be able to pay its debts when they become due, he or she or a compensation order under sections 1317H or 1317HA. will be convicted. As the pecuniary penalty is a civil debt in the form of an order made in civil proceedings against the person, a person will not (e) Less restrictive means reasonably available to achieve be imprisoned for a failure to discharge the debt. Accordingly, the purpose in my view section 25(1) is not engaged by this provision. Although an evidential onus would be less restrictive than a Section 592(2) of the Corporations Act legal onus, it would not be as effective because it could be too easily discharged by a defendant, leaving the prosecution in Section 592 creates a criminal offence of allowing an the difficult position of having to prove whether the defendant incorporated association to trade insolvent prior to 23 June consented to the incurrence of the debt or whether the 1993. It is unlikely that this provision will be used with any defendant had reasonable cause to expect that the frequency, if at all, as it only applies to debts incurred before incorporated association would not be able to pay its debt. that date. Nevertheless, I accept that by placing a burden of The inclusion of a defence with a burden on the accused to proof on a defendant in relation to a criminal offence, this prove the matters on the balance of probabilities achieves an provision limits the right to be presumed innocent in s 25(1) appropriate balance of all interests, bearing in mind, in of the charter act. However, I consider that the limit upon the particular, that defendants will be office-holders and can right is reasonable and justifiable in a free and democratic reasonably be expected to possess the knowledge to enable society for the purposes of s 7(2) of the charter act having them to discharge the burden. regard to the following factors. Accordingly, in my view s 592(2) of the applied legislation is (a) The nature of the right being limited compatible with the charter act.
The right to be presumed innocent is an important right that 3. Powers of entry and inspection in relation to has long been recognised under the common law, well before contraventions of the act the enactment of the charter act. However, the courts have held that it may be subject to limits, particularly where, as Part 12 of the bill sets out the powers of inspectors appointed here, the offence is of a regulatory nature and a defence is by the director of Consumer Affairs Victoria to monitor enacted to enable a defendant to escape liability. compliance and investigate potential contraventions of the bill. (b) The importance of the purpose of the limitation These powers engage the right to privacy (s 13) and the right The provision applies only to insolvent trading by an to property (s 20) in the charter act. incorporated association prior to 23 June 1993. Where the prosecution has established that insolvent trading occurred, Right to privacy (s 13) and that a committee member or office-holder was responsible, the defendant is obliged to prove the defence. Section 13(a) of the charter act provides that a person has the The purpose of imposing the burden is to ensure the right not to have his or her privacy, family, home or
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correspondence unlawfully or arbitrarily interfered with. An with law. The bill provides for a variety of circumstances interference with privacy will not be unlawful provided it is where property can be seized by inspectors. I am satisfied that permitted by law, is certain, and is appropriately the provisions in part 12 of the bill do not limit s 20 as the circumscribed. An interference will not be arbitrary provided deprivation of property will occur in confined and controlled that the restrictions on privacy are reasonable in the particular circumstances for the purpose of monitoring, investigating circumstances and are in accordance with the provisions, aims and enforcing compliance with the act. For example, an and objectives of the charter act. inspector exercising a search under clause 166 cannot search, and therefore cannot seize, any thing from a part of the The bill provides for a range of search and seizure powers premises that is used for a residential purpose. Furthermore, allowing inspectors to enter and inspect premises in certain inspectors who seize an item under clause 166 must take circumstances. Many of these powers require the consent of reasonable steps to return it if the reason for its seizure no the occupier or are exercisable pursuant to a warrant obtained longer exists (clause 174), and must provide persons from in the belief that there are reasonable grounds that a whom documents were seized with certified copies of those contravention has occurred. In these circumstances, I am of documents within 21 days of seizure (clause 173). the opinion that any interference of privacy occasioned through the operation of these provisions will be lawful and Conclusion not arbitrary. I consider that the bill is compatible with the charter act The bill also provides for search and seizure powers that are because, to the extent that some provisions may limit human not subject to consent or warrant. In my view, for the rights, those limitations are reasonable and demonstrably following reasons, these powers are not arbitrary as they arise justified in a free and democratic society. in controlled and prescribed circumstances for the clear purpose of monitoring, investigating and enforcing Hon. Matthew Guy, MLC compliance with the bill. Minister for Planning
Clause 166 states that, for the purpose of monitoring Second reading compliance with the bill, an inspector may enter and search a premises without consent or warrant. This applies to premises Hon. P. R. HALL (Minister for Higher Education on which the inspector believes on reasonable grounds that and Skills) — I will make some comments because the affairs of an incorporated association are being conducted or a person is keeping a record or document that is required to there were house amendments made to this particular be kept by this bill or is relevant to demonstrating bill in the Assembly. Those amendments respond to a compliance. range of matters raised by the Law Institute of Victoria and the Victorian Bar in a submission provided to In my view, while the exercise of the search power by an inspector under clause 166 may interfere with the privacy of Consumer Affairs Victoria on 16 January 2012; an individual in some cases, any such interference will not be however, they do not address every point made in that arbitrary. The purpose of the entry and inspection powers is to submission. During consideration of the proposed ensure compliance with the regulatory scheme, which is amendments, parliamentary counsel and Consumer designed to safeguard the interests of the association and its members as well as creditors, consumers and the community Affairs Victoria identified a small number of further at large. The search and seizure powers under clause 166 are possible amendments to correct typographical errors strictly defined and contain a range of safeguards. Pursuant to and omissions and to clarify the operation of a number clause 66(3), an inspector must not exercise this power in any of provisions of the bill. PilchConnect also proposed an part of the premises that is used for a residential purpose, and additional amendment to clarify the application of may not enter and search premises except between the hours of 9.00 a.m. to 5.00 p.m., or when the premises are open for provisions in the bill related to model rules. business. The amendments clarify the application and operation If an inspector searches premises under clause 166 without of a range of provisions in the bill and in a number of the owner or occupier being present, they must leave a notice instances ensure consistency of redrafted provisions containing the details of the search, and the procedure for contacting the registrar for further details. Furthermore, an with the operation of equivalent provisions in the inspector cannot disclose any information acquired in Associations Incorporation Act 1981. The amendments carrying out a search except to the extent necessary, and any will also insert a number of explanatory notes to assist person may complain to the registrar about the exercise of a lay readers of the legislation. search under clause 166. All exercises of the power of entry under this part must be reported to the registrar pursuant to clause 181, who must keep a register containing the I move: particulars of all matters reported pursuant to clause 183. That the second-reading speech be incorporated into Consequently, I consider that these entry provisions are Hansard. compatible with section 13 of the charter act. Motion agreed to. Right to property (s 20)
Section 20 of the charter act provides that a person must not be deprived of his or her property other than in accordance
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Hon. P. R. HALL (Minister for Higher Education The 2010 amendment act includes a provision that removes and Skills) — I move: the current requirement for a separate statement of purposes to accompany an application for incorporation. This has been That the bill be now read a second time. incorporated into the current bill. The purposes of an incorporated association will be a matter to be expressed in its Incorporated speech as follows: rules. This will simplify the process for incorporation and eliminate the need for an association to file a separate form of statement of purposes with a copy of their proposed rules of The Associations Incorporation Act 1981 received royal association. assent in January 1982 and commenced operation in 1983. The act was established to provide a simple and inexpensive A transitional provision ensures the continuing validity of means by which unincorporated non-profit associations could rules and purposes for existing associations that currently obtain corporate status. The act regulates the creation, have a statement of purposes separate from their rules of operation and dissolution of incorporated associations and is association. the most popular vehicle for the incorporation of community and not-for-profit groups in Victoria. At 30 September 2011, Parts 3 and 4 address requirements for the name and there were 37 408 incorporated associations on the register of registered address of an incorporated association and outline incorporated associations. the legal capacity and powers of an incorporated association as a body corporate. Incorporated associations play a central role in enriching Victorian communities through their social, cultural, A significant provision in part 4 is the general prohibition on environmental and economic contributions and in providing an incorporated association securing pecuniary profit for any support to the most vulnerable in our society. of its members. This provision recognises and confirms one of the essential characteristics of this entity. While an Subsequent to passage of the original act, it has been incorporated association may engage in enterprise and make a amended by more than 30 separate pieces of legislation. In profit from that enterprise, any profit is to be directed towards recent years substantial amendments to the act were made by the purposes of the association, not to the private enrichment the Associations Incorporation Amendment Act 2009, which of its members. Other forms of incorporated entity, such as contains a number of amendments to enhance the rights of companies, are more appropriately designed for personal members of incorporated associations. The majority of those profit-making enterprise. amendments have commenced operation. However, one significant change, the merging of the roles of public officer The bill provides a simple process for execution of contracts and secretary provided in part 3 of that act, has yet to or other documents by an incorporated association whether or commence operation. not the association has a common seal. However, the simplified process will be subject to any more restrictive The Associations Incorporation Amendment Act 2010 arrangement specifically required by the rules of an contains further extensive amendments to the act, including a incorporated association. revised annual reporting framework with a new three-tiered reporting structure. These amendments have not yet come Consistent with provisions of the 2010 amendment act, into operation. restrictions upon trading by an incorporated association have been omitted from the bill. Notwithstanding that the act has been subject to substantial amendment, it has not, prior to this bill, been subject to a This enables an incorporated association to engage in trade or thorough consolidation, including standardisation of trading activities in pursuance of and in support of its expression and style in accordance with contemporary best purposes. However, as I noted earlier, the bill continues to practice usage. prohibit an incorporated association from securing pecuniary profit for its members. Not-for-profit sector stakeholders have submitted that the structure and sequence of provisions of the act have become Part 5 sets out the obligations of an incorporated association disjointed and difficult to follow for members of incorporated in relation to its rules and membership, including maintaining associations, who are commonly volunteers with no legal a register of members. Part 5 also provides for the conduct of qualifications or training. general meetings, including the procedure for passing special resolutions, and provides for court orders to enforce rules or The bill will establish a new principal act that will replace the the rights of members. Associations Incorporation Act 1981. In addition to rewriting and restructuring the provisions of the act, the bill will also The bill provides for general meetings and committee incorporate the amendments to the act contained in the 2010 meetings to be held in two or more venues using any amendment act and in part 3 of the 2009 amendment act. technology that allows participating members to clearly and simultaneously communicate with each other. This will The bill will also introduce a number of new features, enable members to participate in a meeting even though they including revised annual reporting provisions for incorporated may be physically remote from each other. These measures associations and a requirement for an incorporated association bring regulation into line with modern technology, modern to keep and maintain a register of members. organisational practice and promotes greater participation in the affairs of incorporated associations by their members. I will now broadly outline the contents of the bill. Division 3 of part 5 inserts new provisions regarding a Part 1 sets out purposes and definitions, and part 2 specifies register of members. Currently the schedule to the act, which how an association can incorporate under the bill. lists the matters that must be addressed in the rules of an incorporated association, includes a register of members. This
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requirement is now specifically addressed in the act by members at common law and are modelled upon equivalent division 3. provisions in the Corporations Act 2001.
An up-to-date register of members is central to the effective The bill also provides for application of the business management of an incorporated association. It enables judgement rule in determining whether an office-holder has members to be kept informed of association business and fulfilled their duty and provides for an office-holder to place meetings and is a primary resource to determine eligibility to reasonable reliance on information and advice from vote. appropriate officers, advisers or experts.
The bill provides that the register of members is to contain the Part 6 also provides for the return of documents of an name and address, class of membership (where applicable) incorporated association to it by a former member or and the date on which a person became a member of the office-holder of an incorporated association. Documents must association. Information on the register of members will not be returned within 28 days of the person ceasing to hold be generally available to the public, but must be available for office or ceasing to be a member. Failure to do so will be an inspection by members of the association at the registered offence. The bill also enables an incorporated association to office of the association. apply to the Magistrates Court for an order directing a person to return documents where they have not voluntarily To prevent information about members being used for an complied. improper purpose, the bill provides that a person must not use or disclose information about a person from the register, Part 7 reproduces the three-tiered reporting structure unless it is for a purpose clearly related to participation in the introduced by the 2010 amendment act and restructures and affairs of the incorporated association, or a purpose approved consolidates the financial reporting provisions. by the association or the committee of the association. Breach of this provision is an offence punishable by a fine of The revisions in reporting requirements are expected to 20 penalty units, currently equivalent to $2442.80. reduce the regulatory burden across a range of incorporated associations while ensuring that appropriate levels of financial There may be circumstances where a member of an transparency and governance are maintained. incorporated association has a legitimate reason for not wishing their personal information on the register to be Part 8 provides for circumstances in which an incorporated generally available to other members. For example, a person association seeks to transfer its registration to another may have a family violence intervention order in their favour corporate form such as a company or a cooperative. Part 9 and wish to keep their address confidential or an association provides for matters regarding the statutory management of may be formed to support victims of crime, and members incorporated associations. Part 10 sets out the processes for may not want their contact details to be available to all other the winding up of an incorporated association. The provisions members. The bill addresses this concern by enabling in these parts are substantially unchanged. members to request that the secretary of an incorporated association restrict access to some or all of their personal Part 11 provides for the interaction between associations information on the register where such special circumstances incorporation legislation and corporations legislation. Except exist. where explicitly applied by the bill, an incorporated association is declared to be an excluded matter for the Where a child is a member of an incorporated association, a purpose of section 5F of the Corporations Act 2001 in relation parent or guardian of the child member can request that the to the whole of the corporations legislation. This part secretary restrict access to some or all of that child’s or ward’s reproduces the revised and consolidated application personal information on the register of members. provisions that were introduced by section 41 of the 2010 amendment act. Age will be a relevant circumstance to be considered together with other factors, such as the nature of the activities Parts 12 and 13 provide for the administrative and operational conducted by the organisation, or any danger to the property implementation of the bill, including the office, function, or person of members. capacity and responsibilities of the registrar of incorporated associations. Consistent with current section 38, the bill If the secretary is satisfied that there are special circumstances provides that the registrar is a body corporate with perpetual that justify doing so, the bill provides that they must agree to succession. the request to restrict access. To ensure flexibility, the expression ‘special circumstances’ is not defined. Where a Part 14 provides for offences and proceedings under request to restrict access has been refused by the secretary, the associations incorporation legislation. Division 1 outlines the bill provides for a right of review of the decision by the general enforcement provisions including the limitation Victorian Civil and Administrative Tribunal. period for commencing proceedings, makes provision for continuing offences and the power to serve infringement Part 6 deals with the administration and management of notices. These provisions are substantially unchanged. incorporated associations, including the appointment of a secretary and committee, the holding of committee meetings Part 15 outlines general matters including deemed notice of and the duties of office-holders. facts or matters noted in the register of incorporated associations, assumptions that may be made by a person A number of important changes first introduced by the 2010 dealing with an incorporated association, matters that may be amendment act appear in this part. These include a duty of certified by the registrar, and provides for the manner of care and diligence and a duty of good faith and proper service of documents on an incorporated association. purpose for office-holders of an incorporated association. These duties reflect the fiduciary obligations of committee The process set out in section 9 of the Associations Incorporation Act for recordings to be made in the register of
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titles in respect of land vested in an incorporated association statement of compatibility with respect to the Accident has been omitted from the bill as adequate provision already Compensation Amendment (Repayments and Dividends) Bill exists under the Transfer of Land Act 1958. 2012.
This part also provides qualified privilege for auditors, In my opinion, the Accident Compensation Amendment statutory managers, administrators of incorporated (Repayments and Dividends) Bill 2012, as introduced to the associations, and for independent accountants who conduct a Legislative Council, does not raise any human rights issues review of the accounts of an incorporated association. and is therefore compatible with the human rights protected Qualified privilege attaches to audit reports or other by the charter act. documents prepared for the purposes of the bill or required by the bill to be lodged with the registrar. Hon. Gordon Rich-Phillips, MLC Assistant Treasurer The remainder of the bill deals with repeals, savings and transitional and consequential amendments. Savings and Second reading transitional provisions included in the bill will ensure that upon commencement of the proposed act: Ordered that second-reading speech be existing incorporated associations will be deemed to be incorporated into Hansard on motion of incorporated under the new act; Hon. P. R. HALL (Minister for Higher Education and Skills). a public officer of an incorporated association will be deemed to be the secretary of the association under the Hon. P. R. HALL (Minister for Higher Education act; and Skills) — I move: where an existing incorporated association has a separate statement of purposes, that statement of That the bill be now read a second time. purposes will be deemed to form part of the rules of that association. Incorporated speech as follows:
The bill completes a significant process of reform of the This bill amends the Accident Compensation Amendment regulation of incorporated associations in Victoria and will Act 1985 to enable the Victorian WorkCover Authority provide significant benefit to the not-for-profit sector by (VWA) to pay dividends or repay capital to the state of reducing the regulatory burden on incorporated associations Victoria. while improving the accessibility and functionality of this legislation. The bill implements the government’s decision to apply the standard government business enterprise dividend policy to I commend the bill to the house. VWA, thus bringing VWA into line with most other GBEs, including the Transport Accident Commission. Debate adjourned for Hon. M. P. PAKULA (Western Metropolitan) on motion of Mr Leane. The bill allows the Treasurer to determine dividends and repayments of capital, after consulting with VWA and the responsible minister, and having regard to VWA’s financial Debate adjourned until Thursday, 5 April. position.
Victorian taxpayers effectively underwrite VWA’s accident ACCIDENT COMPENSATION compensation insurance scheme so that liabilities, including benefit entitlements, will always be paid in full as they AMENDMENT (REPAYMENTS AND become due. DIVIDENDS) BILL 2012 This means that Victorian taxpayers bear the risk that they Introduction and first reading might have to ensure these payments are made if VWA’s own resources became insufficient.
Received from Assembly. It is therefore appropriate that the broader Victorian community benefits from VWA’s financial performance Read first time for Hon. G. K. RICH-PHILLIPS through a dividend payment. (Assistant Treasurer) on motion of Hon. P. R. Hall; by leave, ordered to be read second time forthwith. As with TAC, VWA is well managed and financially sound. VWA delivers excellent benefits to injured workers while maintaining the lowest average premium rate of any workers Statement of compatibility compensation scheme in Australia, at 1.338 per cent, and maintaining a strong financial position. For Hon. G. K. RICH-PHILLIPS (Assistant Treasurer), Hon. P. R. Hall tabled following Payment of dividends from VWA’s profit on insurance statement in accordance with Charter of Human operations will not put upwards pressure on the average premium. Premiums are set each year on the basis of Rights and Responsibilities Act 2006: projecting the claims and other costs VWA is expected to incur in the year ahead, not by looking back at the financial In accordance with section 28 of the Charter of Human Rights outcomes of past years. and Responsibilities Act 2006 (charter act), I make this
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Also, dividend payments will have no impact on benefit must be subject to scrutiny by a body capable of robust and entitlements, because benefits under the accident effective oversight. compensation scheme are enshrined in legislation. Along with a joint house committee of Parliament, the IBAC VWA has the financial capacity to make dividend payments. Committee, the VI was established by the VI act to provide These dividend payments will provide part of the resources that oversight. The objects of the VI act are to enhance for much-needed investment in economic and social IBAC’s compliance with its establishing legislation and other infrastructure. This reform is part of the Victorian coalition laws, and to assist in improving the capacity of IBAC and its government’s commitment to deliver a strong economy and personnel in the performance and the exercise of their improve the quality of community services in health, functions, duties and powers. education, transport and community safety. The bill provides additional functions, duties and powers for I commend the bill to the house. the VI, including the power to hold an inquiry, which may include conducting an examination. These functions, duties Debate adjourned on motion of Mr LENDERS and powers afford an appropriate level of oversight for (Southern Metropolitan). IBAC’s proposed complaint handling and investigative functions. The bill also provides the VI with the right Debate adjourned until Thursday, 5 April. framework for effective oversight of IBAC into the future, for example when the IBAC is vested with telecommunication interception powers under commonwealth laws.
VICTORIAN INSPECTORATE The bill also extends the role of the VI as the most appropriate AMENDMENT BILL 2012 body to monitor another important element of the Victorian integrity framework, the public interest monitor (PIM) regime. Introduction and first reading Human rights protected by the charter that are relevant Received from Assembly. to the bill Read first time for Hon. R. A. DALLA-RIVA Right to privacy and reputation (section 13 of the charter act) (Minister for Employment and Industrial Relations) Section 13(a) of the charter act provides that individuals have on motion of Hon. P. R. Hall; by leave, ordered to be a right not to have their privacy unlawfully or arbitrarily read second time forthwith. interfered with. The right to privacy is concerned with freeing a person’s ‘private sphere’ from government intervention or Statement of compatibility excessive unsolicited intervention by other individuals. An interference with privacy will not be unlawful provided it is For Hon. R. A. DALLA-RIVA (Minister for permitted by law, is certain, and is appropriately circumscribed. An interference will not be arbitrary provided Employment and Industrial Relations, that the restrictions on privacy are reasonable in the particular Hon. P. R. Hall tabled following statement in circumstances and are in accordance with the provisions, aims accordance with Charter of Human Rights and and objectives of the charter act. Responsibilities Act 2006: Section 13(b) provides that individuals have the right not to In accordance with section 28 of the Charter of Human Rights have their reputation unlawfully attacked. The expression and Responsibilities Act 2006 (the charter act), I make this ‘unlawfully attacked’ is not defined in the charter, but may statement of compatibility with respect to the Victorian include a public attack involving untrue statements that are Inspectorate Amendment Bill 2012 (the bill). intended to harm the reputation of a person.
In my opinion, the bill, as introduced to the Legislative However, the right is not absolute and can be subject to Council, is compatible with the human rights protected by the reasonable limitations under section 7(2) of the charter act. charter act. The bill engages the right to privacy and freedom from I base my opinion on the reasons outlined in this statement. reputational attack in three ways — in its provisions relating to: Overview of bill powers of entry and inspection (clause 14 (33N)); The purpose of the bill is to amend the Victorian Inspectorate Act 2011 (the VI act) to provide the Victorian Inspectorate the power to issue witness summons (clause 14 (33E)); (VI) with duties, functions and powers in relation to the and oversight of the Independent Broad-based Anti-corruption the VI’s making of reports and recommendations Commission (IBAC) and the monitoring of compliance of (clauses 14, 15, 17 and 18). public interest monitors (PIMs) with certain statutory obligations. Entry inspection and seizure powers
Given the nature of IBAC’s anticorruption role and the The right to privacy and reputation is engaged where a public significant powers required to perform that role effectively, authority is conferred powers of entry, inspection and seizure such as the powers of entry, search and seizure, IBAC itself in relation to private property.
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The bill will insert clause 33N which provides the VI, when The bill contains a number of provisions to safeguard the conducting an inquiry, with the power to enter the premises of confidentiality of information, documents or other things the IBAC and access and seize documents and information. obtained by a VI officer in the performance of their duties and These powers are crucial to the investigative powers of the functions, including as a consequence of the exercise of the VI, enabling the VI to carry out its function in relation to entry and inspection powers. Clause 28A provides that a VI ensuring that the IBAC is conducting its affairs in a lawful officer must not disclose any information acquired in the and appropriate manner. performance of their duties and functions or the exercise of powers except for the purposes of: The powers of the VI to inspect and seize documents and information of the IBAC will engage the right to privacy if the performance of duties, functions or exercise of personal information is inspected by the VI under these powers under the VI act; or processes. It is not the intent of the powers to enable the VI to access personal information outside the scope of the a prosecution or disciplinary action or process following investigation, but such information may be disclosed as a a VI investigation; or consequence of the exercise of these powers. IBAC is a public authority and the degree to which IBAC premises, and as otherwise authorised or required under the VI act. the things kept there, can be said to raise an expectation of This will include disclosures for the purpose of making personal privacy is minimal. recommendations to IBAC in relation to further action that the VI considers should be taken, making The VI’s power to enter premises, inspect and seize recommendations to a specified list of bodies for further documents and other things does not pose a significant threat investigatory or enforcement action and, in the case of to privacy. The ability to exercise this power is subject to the information acquired through PIM audits, disclosures to VI reasonably believing there are documents or other things the minister. that are relevant to an inquiry which are on IBAC premises. Before exercising the power to enter IBAC premises and I consider that any interference with privacy occasioned by inspect documents the VI must reasonably consider that the the VI’s entry, inspection and seizure powers will be lawful, IBAC has wilfully failed to comply with its obligation under will not be arbitrary, and are appropriately circumscribed with section 33 of the VI act to assist the VI to perform its the protections outlined above. functions. The power to issue a witness summons The bill also vests the VI with new powers to audit PIMs. PIMs will serve an important role in Victoria’s integrity The right to privacy is engaged where a public authority is framework, representing the public interest when law conferred a power to compel a person to provide personal enforcement and investigative authorities propose to exercise information or provide documents or things. extraordinary powers (such as telecommunications Clause 33E provides the VI, when conducting an inquiry, interception). The VI will be required to inspect PIMs’ with the power to issue a witness summons to a person records relating to: requiring that person to attend and give evidence at an the obligations of PIMs to return documents as soon as examination and/or produce documents or other things. The possible after an application is heard; and powers of the VI to issue a summons will engage the right to privacy if a person is compelled, as a result of that summons, the prescribed requirements for transmission, disposal to provide personal information. and storage of documents or information that a PIM receives in performing his or her functions (referred to The ability to compel the giving of evidence and production as the prescribed obligations in the bill). of documents or other things is a proportionate and appropriate power for the role of the VI, and is comparable to The VI will be required to inspect PIMs’ records which are other Victorian oversight bodies. Without such powers, the relevant to the prescribed obligations (relevant records) at VI would not be properly equipped to achieve its objectives least once a year. The VI will be entitled to enter premises or undertake proper investigations. These powers will become occupied by a PIM at any reasonable time with advance even more crucial to the effectiveness of the VI if the IBAC is written notice and access and copy all relevant records. provided with further proposed investigation powers, such as Within three months of conducting an inspection, the VI must telecommunication interception powers (subject to report to the minister on the results of the inspection. commonwealth approval).
The power to inspect a PIM’s records is to enable the VI to The power to issue a witness summons is accompanied by ensure that PIMs are meeting their statutory obligations. duties designed to ensure the VI appropriately informs a PIMs serve an important function in representing the public witness of his or her rights. The summons must inform a interest and their handling of sensitive records and witness of the nature of the matters about which the person is information should be held to an appropriately high standard to be questioned (except to the extent the VI considers on of accountability. reasonable grounds that this would be likely to prejudice the conduct of the inquiry), that the witness is entitled to seek While PIM premises may house a range of personal and legal advice, and that they may be able to assert privileges. confidential documents, the VI’s power to enter and inspect is subject to a number of controls. The VI may access and copy There are also safeguards to maintain the confidentiality of all relevant records, but not documents or things unrelated to information, documents or other things obtained by way of a person’s role as a PIM on those premises. The time of entry witness summons. Examinations will be conducted in private to a PIM’s premises must be reasonable, and advance notice and the safeguards that apply to maintain the confidentiality must be given. of information, documents or other things obtained as a
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consequence of entry and inspection powers will also apply to confidence in the IBAC, PIM and VI itself, and also the need information obtained by way of witness summons. to ensure the independence and integrity of those roles.
I consider that any interference with privacy occasioned by I consider that any interference with privacy occasioned by the VI’s power to issue a summons will be lawful, will not be the VI’s power to make reports and/or recommendations is arbitrary, and is appropriately circumscribed with the not unlawful or arbitrary and is appropriately circumscribed protections outlined above. with the protections outlined above.
VI’s making of reports and recommendations Freedom of expression (section 15 of the charter act)
The right to privacy and reputation is also engaged where a Section 15 of the charter act holds that every person has the public authority makes a public report that identifies a person right to freedom of expression. This includes the freedom to in a way that has the potential to damage the person’s seek, receive and impart information and ideas of all kinds, personal or professional reputation. whether within or outside Victoria, and regardless of the medium of expression. However, section 15 also notes that Clauses 36 and 38 of the VI act provide for the VI to make special duties and responsibilities attach to this right, and that annual and special reports to Parliament. That act features a lawful restrictions may be necessary to respect personal rights requirement that, if the VI intends to include an adverse and reputations, and to protect public safety, order, health or finding about IBAC or IBAC personnel in a report, the VI morality. must give IBAC or the relevant personnel a reasonable opportunity to respond to the adverse material, and fairly set A number of clauses of the bill limit the freedom of out each element of that response in the report. expression, by imposing confidentiality obligations on certain persons, and by providing for penalties where those Further, under the bill, the VI must not include in a report any obligations are breached. information that would identify a person who is not the subject of any adverse comment or opinion, unless the VI is The bill inserts a new division 2 and 3 in part 2 of the VI act, satisfied it is necessary or desirable in the public interest to do to deal with confidentiality. The bill restrains VI officers from so; and will not cause unreasonable damage to the person’s disclosing information acquired through their work. reputation, safety or wellbeing. Where the VI intends to name Exceptions to this obligation include: a person without making any adverse finding, the VI must first provide the person with the relevant material in relation (a) disclosures made for the performance of functions or to which it intends to name that person. The VI must also exercise of powers under the VI act; state in the report that the person is not the subject of any adverse comment or opinion. (b) disclosures made for the purposes of a prosecution or disciplinary action following a VI investigation; and An individual’s reputation may be put at risk where the VI chooses to give advice under proposed new section 36A to a (c) information sharing relating to recommendations for complainant about the results of an investigation. However, further investigatory or enforcement action. there are important controls on this power. The VI must not provide any information to the complainant if the VI The bill also imposes restrictions on people other than VI considers that it would: officers. Under the bill, persons who receive draft VI reports prior to publication are also subject to confidentiality not be in the public interest or the interests of justice; or obligations, except in limited circumstances (such as where disclosures are made in order to seek legal advice). put a person’s safety at risk; or The bill provides a process by which the VI can issue a cause unreasonable damage to a person’s reputation; or confidentiality notice to prevent any person (such as a witness) from disclosing restricted matters that would likely prejudice an investigation by the VI, IBAC or the police prejudice an investigation, the safety or reputation of a force; or person, or the fair trial of a person. A confidentiality notice is designed only to prevent a person from disclosing be likely to risk the disclosure of any secret investigative information to the extent necessary to avoid a prejudicial method used by VI, IBAC or the police force; or outcome. The bill ensures this by providing that the VI must cancel the confidentiality notice when the circumstances otherwise contravene any applicable statutory secrecy or justifying the issue of the notice no longer apply, when the privacy laws. scope of the notice needs to be varied (in these circumstances The VI’s report to the minister on a PIM’s compliance with the cancelled confidentiality notice may be replaced with a the prescribed obligations does not pose a significant threat to new confidentiality notice) or when a change in privacy: the report may inform the minister of regulatory circumstances means that the restriction on disclosure of breaches discovered, but not any information that could information is no longer the minimum necessary to ensure disclose the identity of a person involved in an investigation that the outcome the notice is intended to prevent does not or that indicates the status of an investigation being conducted eventuate. The person subject to the confidentiality notice will by a law enforcement agency to which the PIM has had be clearly advised of any cancellation or variation, as the VI is access. required under the bill to serve a notice in writing in the same manner as a witness summons. The limitations on the right are direct, proportionate and balanced with both the need to ensure public trust and All of these limitations on the right to free expression are direct, proportionate and balanced with the need to safeguard the confidentiality and integrity of VI operations (which may
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also involve the operations of IBAC, Victoria Police and that the witness has (for example, the right to an other law enforcement agencies). The confidentiality interpreter); provisions also serve the public interest in ensuring that investigations on foot are not affected, that trials are not in most circumstances, unless it would prejudice the prejudiced, and that personal safety or reputation are not investigation, a witness must be provided with at least compromised. seven days from the date of service of a summons before compliance is required, to enable the person to seek In light of the fact that the confidentiality provisions advice and consider the summons; effectively operate to preserve rights protected by the charter, the limitations are reasonable and demonstrably justifiable. where the VI intends to include in a report an adverse finding about a person the VI must first provide the I consider there are no less restrictive means reasonably person with a reasonable opportunity to respond to the available to achieve the intended purposes. adverse material and fairly set out each element of the response in its report. I consider that any interference with freedom of expression occasioned by the VI’s investigation and inquiry powers will Although I consider that the VI is not a tribunal and the be lawful, will not be arbitrary, and is appropriately procedures do not constitute ‘civil proceedings’ for the circumscribed with the protections outlined above. purposes of section 24, as discussed above, I note that conducting the inquiry in private provides important For the reasons stated, I do not consider that the protection for individuals in any event. It will protect those confidentiality provisions contained in divisions 2 and 3 of subject to the procedure from reputational damage from part 2 of the bill provide for the unlawful or arbitrary untested allegations, or from the risk of future prejudice if the interference with freedom of expression and there is therefore subject matter of the investigation does later form the basis of no limitation on the right to freedom of expression under a civil, disciplinary or criminal proceeding. The VI will be section 15 of the charter act. able to publish its conclusions in a public report which will provide the opportunity for public scrutiny if it is appropriate Right to a fair hearing (section 24 of the charter act ) in the circumstances. The provisions are an appropriate balance between the right to a fair hearing and other relevant Section 24 of the charter act holds that a person charged with rights such as the right to privacy and reputation (discussed a criminal offence or a party to a civil proceeding has the right above). to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and Right to liberty and security of person (section 21 of the public hearing. It also holds that all judgements or decisions charter) made by a court or tribunal in a criminal or civil proceeding Section 21(2) of the charter provides that a person must not be must be made public, unless exceptions apply including that a subjected to arbitrary arrest or detention. law other than the charter act otherwise permits. This right is engaged by clause 33W which provides that the Section 24 deals with the right to a fair hearing, incorporating commissioner may issue a written certificate charging a principles of procedural fairness. Procedural fairness concerns person with contempt and issue an arrest warrant in relation to the extent to which the procedures of a hearing protect the the contempt. rights of the parties, such as the right of a party to be provided a reasonable opportunity to present his or her case under The ability to charge a person with contempt and issue an conditions that do not place that party at a substantial arrest warrant is an important means by which the VI can disadvantage vis-a-vis his or her opponent. enforce compliance with a witness summons. A person will be guilty of contempt of the VI if the person, without The bill provides the VI with the ability to conduct inquiries reasonable excuse: for the purposes of its investigations powers (clause 12). As was stated in the statement of compatibility that accompanied fails to attend the VI in accordance with the witness the VI bill 2011, it is my opinion that, for the purposes of the summons; or charter act, the VI is not a ‘tribunal’, and its investigation functions, including the inquiry powers proposed in this bill, fails to attend from day to day in accordance with the do not constitute ‘civil proceedings’. That is because some witness summons, unless excused by the VI or released key features that are inherent to those concepts are not from further attendance by the VI; or present — namely, that the VI is not capable of making any binding determination as to the parties’ rights or liabilities; whilst attending the VI in accordance with a witness and that there are not two ‘parties’ involved in a contest over summons refuses or fails to answer a question that he or rights and liabilities. she is required to answer, refuses or fails to produce a document that he or she was required to produce by the Nonetheless I note the aspects of this bill which apply witness summons or refuses or fails to take an oath or procedural fairness principles to the inquiry powers, and the make an affirmation when required to do so. resulting reporting functions, of the VI: A person shall also be guilty of contempt by engaging in in an examination and in relation to a witness summons, threatening or obstructive behaviour before the VI. a person is able to seek advice from and be represented by an Australian legal practitioner; In my opinion the right not to be subjected to arbitrary arrest or detention is not limited by clause 33W. The issuing of an the VI must provide a witness with information about arrest warrant will not be arbitrary — it can only be issued in the nature and scope of the investigation to which the relation to a contempt and a person can only be guilty of inquiry relates, and also about the privileges and rights contempt in the limited circumstances set out above. An
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additional protection provided by clause 33W is that the Second reading person arrested must be brought before the Supreme Court without delay. If it is not practicable for the person to be Ordered that second-reading speech be brought immediately before the Supreme Court the person will have the right to apply to a bail justice to be released incorporated into Hansard on motion of from custody. Hon. P. R. HALL (Minister for Higher Education and Skills. Rights in criminal proceedings (section 25 of the charter)
Section 25(2)(k) of the charter provides that a person charged Hon. P. R. HALL (Minister for Higher Education with a criminal offence is entitled without discrimination not and Skills) — I move: to be compelled to testify against himself or herself or to confess guilt. That the bill be now read a second time. The bill inserts clause 33T which provides that a person is not Incorporated speech as follows: excused from answering a question, giving information, or producing a document or other thing in accordance with a Last year this Parliament passed three historic pieces of witness summons on the ground that the answer to the legislation to give effect to the coalition government’s question, the information, or the production of the document election commitment to create a new integrity framework for or other thing, might tend to incriminate the person or make Victoria. the person liable to a penalty. The purpose of the provision is to assist the VI in its function as a truth-seeking body that is The Independent Broad-based Anti-corruption Commission able to undertake full and proper investigations. Act 2011 (IBAC act) created Victoria’s first-ever anticorruption body with oversight of the entire public sector. It is not intended that the VI will compel a person to answer a The Victorian Inspectorate Act 2011 (VI act) established an question in relation to a matter where the person has been inspectorate to ensure that the IBAC will itself be subject to charged with a criminal offence in relation to the same matter. robust oversight. The Public Interest Monitor Act 2011 (PIM Where the VI is satisfied that the conduct of any IBAC act) established the public interest monitors (PIM) to provide personnel requires further investigatory or enforcement action important checks and balances on the use of covert it is able to recommend such action to the appropriate agency investigation and coercive powers in Victoria. including the Chief Commissioner of Police. If a person has been charged in relation to a matter that the VI was I am pleased to inform the house that just last night, the investigating, it is likely to occur only after the VI has Parliament passed further legislation arming the Independent concluded its investigation, and further action is being Broad-based Anti-corruption Commission (IBAC) with the undertaken by another agency. Accordingly it is not investigative functions and powers it needs to undertake considered that the bill will engage the rights in criminal investigations of serious corrupt conduct and police personnel proceedings. In any event, clause 33T is limited by the conduct. operation of subclause 33T(2) which provides that any answer, information, document or thing is not admissible in This bill amends the VI act to give the Victorian Inspectorate evidence against the person before any court or person acting powers, duties and functions to ensure that IBAC’s use of its judicially, except in limited circumstances: powers is both appropriate and proportionate. This complements the oversight role of the joint house committee proceedings for perjury or giving false information; of Parliament established under the IBAC legislation. an offence against the VI act; This bill will also give the Victorian Inspectorate the power to an offence against the Independent Broad-based audit public interest monitors’ compliance with certain Anti-corruption Commission Act 2011; or statutory obligations.
a disciplinary process or action. When IBAC is fully operational it will have broad-reaching powers to investigate serious corrupt conduct, including Further protection for persons the subject of criminal significant covert investigation and coercive powers, such as proceedings is provided by clauses 36(3) and 38(3) of the VI the power to intercept telecommunications under warrant. A act. These provisions state that if the VI is aware of a criminal key role of the Victorian Inspectorate is to oversee the use of investigation or criminal proceedings in relation to a matter or those powers. person to be included in a special report or annual report the VI must not include in that report any information which It is critical that the Victorian community has full confidence would prejudice the criminal investigation or criminal that applications for, and the use of, covert investigation and proceedings. coercive powers are subject to optimal safeguards and oversight. Conclusion This bill is designed to ensure that the Victorian Inspectorate For the reasons given in this statement, I consider that the bill will be able to do just that. is compatible with the Charter of Human Rights and Responsibilities Act 2006. The key aspects of the Victorian Inspectorate Amendment Bill 2012 are as follows: Richard Dalla-Riva, MLC Minister for Employment and Industrial Relations Minister for Manufacturing, Exports and Trade
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Inquiry powers matters that would likely prejudice an investigation, the safety or reputation of a person, or the fair trial of a person. This bill provides new inquiry powers to add to the Victorian Inspectorate’s powers to question IBAC personnel and access Persons who receive draft Victorian Inspectorate reports prior IBAC documents, ensuring that the Victorian Inspectorate has to publication will also be subject to confidentiality a comprehensive range of powers to investigate IBAC and obligations, except in limited circumstances (such as where IBAC personnel. In addition to the existing investigative disclosures are made in order to seek legal advice). powers of the Victorian Inspectorate, this bill contains provisions enabling the Victorian Inspectorate to conduct an Privileges inquiry for the purposes of an investigation. The privilege against self-incrimination is specifically An inquiry, including any examination, will be conducted in abrogated for all those summonsed or examined by the private. Victorian Inspectorate. This reflects the inspectorate’s primary role as an investigatory body rather than a The Victorian Inspectorate will be able to summons witnesses prosecutorial body. A ‘use immunity’ will apply, preventing to give evidence under oath and produce documents or things. self-incriminating evidence acquired through coercive Those summonsed must attend the examination until excused, Victorian Inspectorate questioning being used against a and will not, without reasonable excuse, be entitled to refuse person in civil or criminal proceedings (except for an offence to answer questions or produce documents or things required under the VI act or the IBAC act, perjury or a disciplinary of them. process or action if the person is a public sector employee or a member of police personnel). These powers will be subject to a range of appropriate safeguards, including: Other privileges and statutory obligations to maintain secrecy are overridden for current and former IBAC officers and witnesses must be informed of their rights and police personnel, except where claimed in their personal, not obligations in advance of being examined or providing official, capacity. For other persons, privileges may be documents or things; asserted and requirements to maintain secrecy are preserved.
witnesses will be entitled to legal representation; and The VI act already requires IBAC and IBAC officers to assist the Victorian Inspectorate in its investigations. Under the provisions protecting witnesses who have language current bill, where the Victorian Inspectorate considers that difficulties or a mental impairment or are aged 16 to 18. the IBAC or its personnel have wilfully failed to provide such assistance, the Victorian Inspectorate will also have the power Confidentiality provisions to enter and inspect IBAC premises and make copies or take possession of documents or things relevant to an inquiry. The bill includes provisions to safeguard the confidentiality of Victorian Inspectorate operations, and provides for offences Reports and recommendations for breach of the confidentiality obligations imposed. This bill contains appropriate procedural fairness protections Victorian Inspectorate Officers will only be able to divulge for those who may be named or have adverse comments information for the purposes of: made about them in a Victorian Inspectorate report.
the performance of duties or functions or exercise of The Victorian Inspectorate must not include in a report any powers under the VI act; information that would identify any person who is not the subject of any adverse comment or opinion unless the a prosecution or disciplinary action or process following Victorian Inspectorate: a Victorian Inspectorate investigation; has provided that person with the relevant material in making recommendations to IBAC in relation to further relation to which the Victorian Inspectorate intends to action that the Victorian Inspectorate considers should name that person; be taken; and is satisfied that it is necessary or desirable in the public making recommendations to a specified list of bodies for interest to do so; and further investigatory or enforcement action. is satisfied that it will not cause unreasonable damage to Current and former Victorian Inspectorate officers will be the person’s reputation, safety or wellbeing. exempt from any legal requirement to produce information, documents or things in a court, tribunal or another authority The Victorian Inspectorate must also state in the report that having power to require the production of documents or the the person is not the subject of any adverse comment or answering of questions. The exception to this exemption is opinion. that a Victorian Inspectorate officer may produce information, documents or things for the purposes of a prosecution or If the Victorian Inspectorate intends to include an adverse disciplinary process or action or other proceeding instituted as finding about a person in a report, the Victorian Inspectorate a result of an investigation conducted by the Victorian must give that person a reasonable opportunity to respond to Inspectorate. the adverse material, and fairly set out each element of that response in the report. The bill provides for a process by which the Victorian Inspectorate can issue a confidentiality notice to prevent a If the Victorian Inspectorate intends to include adverse person (such as a witness) from disclosing specified restricted findings about a public body in a report, the Victorian
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Inspector must give the relevant principal officer of that body Debate adjourned for Hon. M. P. PAKULA an opportunity to respond to the adverse material and fairly (Western Metropolitan) on motion of Mr Leane. set out each element of the response in its report.
Additional function to oversee PIMs Debate adjourned until Thursday, 5 April.
In addition to its existing functions to oversee IBAC, the Victorian Inspectorate will be granted a new function to ADJOURNMENT monitor compliance by PIMs with specified obligations relating to document handling, namely: Hon. P. R. HALL (Minister for Higher Education the obligations of PIMs to return documents as soon as and Skills) — I move: possible after an application is heard; and That the house do now adjourn. the prescribed requirements for transmission, disposal and storage of documents or information that a PIM Toolangi Forest Education Centre: funding receives in performing his or her functions. Mr LENDERS (Southern Metropolitan) — The In order to monitor these obligations this bill provides the Victorian Inspectorate with necessary powers to inspect and matter I raise tonight on the adjournment is really audit relevant records kept under the PIM legislation and to directed to three ministers, so I will seek the attention of report to the minister and Parliament on these matters. The the Premier for this one. It is regarding the Toolangi Victorian Inspectorate will be required to inspect the records Forest Education Centre and the decision to cease of each PIM at least once a year. To effect this, the Victorian Inspectorate will have the power to enter premises occupied funding the centre as of 30 June. by a PIM at any reasonable time with advance notice and access and copy all relevant records of the PIM. The As we know, Toolangi is a community that was Victorian Inspectorate may also require a PIM to provide the severely affected by the fires back in 2009. The forest Victorian Inspectorate with any necessary and relevant education centre records much of what happened in the information or documents in its possession or to which it has 1939 fires. It is a centre that has been open for many access. years, and students from many schools in Victoria go The Victorian Inspectorate must report to the minister on the there. If people check its website, they will find it goes results of an inspection within three months. The report may from prep to tertiary, and students go through the centre note any breaches of the prescribed obligations. It must not to get an interactive look at how forests work. It is include information that could disclose the identity of a person involved in an investigation or that indicates the status funded by the Department of Sustainability and of an investigation relating to an application made by a law Environment. As I understand it, the programs are run enforcement agency within the meaning of the PIM act. by the Department of Education and Early Childhood Development. Obviously being in a bushfire Conclusion community that is undergoing recovery, this is an area The government has long been on the record about the that is also relevant to the Minister for Bushfire importance of ensuring that bodies with significant powers, Response. However, my request is that this go to the such as the IBAC, are subject to appropriate scrutiny. This Premier. bill provides the Victorian Inspectorate with duties, functions and powers appropriate and necessary to ensure that the IBAC will itself be subject to robust oversight. Eight thousand students a year go through the centre, and about one-quarter of them are seeking information The bill gives the Victorian Inspectorate the broad ability to and advice on bushfires when they go into the program. inquire into all aspects of IBAC’s performance of its I completely understand the issues the Department of functions, duties and exercise of its powers. Such an investigation can occur regardless of whether an IBAC Sustainability and Environment may have with trying investigation is on foot. The Victorian Inspectorate is to fund programs, but the action I seek tonight from the empowered to take a broad range of actions and make a broad Premier is that he get his three ministers together — or range of findings, including relating to IBAC’s process in however he wishes to do it — and review how the arriving at a finding or recommendation. The Victorian Inspectorate could then recommend that IBAC re-investigate closing of this centre on 30 June fits in with the or reconsider a matter or finding. government’s broader program of bushfire recovery and the need to provide information to those With this bill, the coalition government has delivered the communities. It is a simple request — that is, that the Victorian Inspectorate with the duties, functions and powers to enable the oversight of the IBAC and monitoring of government look at it as a priority — and hopefully I compliance of PIMs, building on the foundations set in the will get back from the Premier a clear direction that this Victorian Inspectorate Act 2011. important centre will remain open so that students can understand forests better and support the region more I commend this bill to the house. strongly while also learning about fires and the dangers of bushfires.
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Port Phillip Bay: shipping safety one carrying crude oil, which would be an absolute catastrophe for Port Phillip Bay. Ms PENNICUIK (Southern Metropolitan) — My adjournment matter is for the Minister for Ports, Farming: safety initiatives Dr Napthine, and it is in regard to the incident that occurred at 1.20 a.m. on Saturday, 24 March, when a Mr O’BRIEN (Western Victoria) — My 27-metre fishing trawler ran aground at the tip of Point adjournment matter is for the Assistant Treasurer, who Nepean near Corsair Rock. The trawler was reported to is also the minister responsible for WorkCover, Gordon be carrying 30 000 litres of diesel, 300 litres of Rich-Phillips. I ask the minister to meet with a hydraulic fluid and 500 litres of commercial lubricant. constituent from Western Victoria Region, Chris It ran aground in 10 to 15 metres of water in the area Culvenor, from Clunes, to discuss some of his known as the Rip, which is one of the world’s most innovative ideas for safety messages in the area of farm treacherous stretches of water. safety.
It has been reported that the captain, who was very Farming practice has traditionally been less structured experienced, returned a blood alcohol reading above the than practices in other workplaces due to a combination legal limit, although at the time the police said: of the family-based farm business model and the variety of tasks which may have to be completed over There was a maximum of 6-metre swells, so weather the course of a working day. Over time this may result conditions obviously played a part and alcohol also played a in habits becoming ingrained that do not reflect best part … safety practice. Although practices such as riding on the We can’t establish which was the major part at this stage, back of a tractor or in the bucket of a front-end loader between alcohol and weather conditions — may be rare today, a lack of training or systems can leave employees not knowing the right thing to do that the vessel was experiencing. safely or not doing what they know is the right thing to Maritime authorities also confirmed that a cargo ship do, sometimes with tragic results. There are a number ran into strife nearby on the day before, which was the of other risk factors, such as the possible presence of Friday afternoon. We know that diesel has spread children on a farm site, a high use of complex around the south of the bay, and the minister has been machinery with moving parts and, sometimes, the reported as saying that it will evaporate. However, I solitary nature of farm work. have heard from dive experts a report that snorkellers in The minister will be aware of the danger of serious and around Pope’s Eye have come out of the water injury or death involved in working on rural properties. covered in hydrocarbon, which has left a sheen on the In Australia there are about 85 farm injury deaths per deck. Over the weekend divers complained that they year. This is 85 deaths too many, as all individual cases were diving in diesel. cause great suffering for family, friends and rural All this has occurred in an environment of changed communities. I am again reminded of a recent tragedy conditions in the south of the bay. This has happened in close proximity to Dunkeld, and my best wishes and since the channel-deepening project, which I have I am sure the best wishes of all our families go out to spoken about many times in the house, particularly with that community, which has suffered a fair degree of regard to the changed direction and strength of the tragedy in recent years. More prevalent is the incidence currents and the increased swell that is coming in, of serious injury; per 1000 farms, between 200 and resulting in the erosion of Portsea beach. I have seen 600 injuries need hospital treatment each year. This some photographs which were taken at Portsea over the ranks farming third in terms of dangerous occupations, same weekend showing the Portsea pier completely behind only the mining and transport industries. submerged by swell and people too afraid to go out on The costs are considerable. As well as the immediate it. pain and suffering to the individual, there are payments My request to the minister is that he ensures that the for medical treatment and rehabilitation as well as inquiry that is conducted into the events surrounding increased premiums for related insurance. I have been the grounding of the fishing trawler also looks at the in contact with Mr Culvenor, who is a constituent from events and circumstances around that day and the Clunes and who is passionate about these issues of farm previous day, including the problem with a container safety — or life safety, as he calls it. I believe he has ship on 23 March, with a view to ensuring that such an some innovative ideas for safety campaigns around this incident does not occur involving a larger ship, such as area. Having discussed his ideas at length, I believe they have much to recommend them. My constituent
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1834 COUNCIL Thursday, 29 March 2012 would appreciate a meeting with the minister and the Sunbury: closed-circuit television cameras department to discuss these ideas further. Mrs PETROVICH (Northern Victoria) — My Any initiative which seeks to protect farmers, their adjournment matter is for the Minister for Crime families and their employees from serious injury in the Prevention, Andrew McIntosh, and it relates to the workplace should be applauded, and I applaud the matter of CCTV (closed-circuit television) cameras and efforts of Mr Culvenor in raising these very important the safety of the Sunbury community. The cameras matters with me and the minister with no thought of were an election commitment for which the profit or personal gain but merely with a genuine desire community, police and traders association were and to improve the lives of his fellow Victorians. I continue to be most grateful. We listened to the commend his actions to the house. concerns of the community about their safety and provided the best result. This result has been granted to Sea View House, Portland: future Sunbury; no application is necessary. In fact there were absolutely no negatives in this policy at all until recent Ms TIERNEY (Western Victoria) — My reports included a gross overstatement of the adjournment matter this evening is directed to the maintenance and management costs of the CCTV Minister for Health, David Davis. It relates to Sea View cameras. It appears the Hume City Council has House in Portland. As the minister would be aware, questioned whether the facility can be provided with issues around the future of Sea View House have been the amount the government has granted. the basis for community concern for at least the last 15 months or so. I have read the Paxton Partners and I express concern that this was raised at the council Ferrier Hodgson reports and the correspondence my level at a time when it was known to be incorrect. I office has received from residents, ex-residents and have written confirmation that CCTV cameras can be other community members. There has been a continual supplied within the funding provided. Hume mayor, stream of letters to the editor on this issue in the Ros Spence, formally acknowledged her desire for Portland Observer, and that continues to be the case. installation of the cameras to proceed in Sunbury when As recently as 3 and 7 March more letters appeared in I met her on 17 March. the paper. There were letters from M. Menzel and from Nicole Chapple from Portland, and Daryl Petch has I would also like to raise the matter of an incorrect written opinion pieces and several letters as well as assessment of the costs of maintenance and letters to the minister and local member. management to the effect of their being too high, and I note that Cr Ann Potter may have knowingly misled her The degree to which this issue continues to be a community around the maintenance cost. Other concern, therefore, to a number of people in the region councils are happily covering the costs to reduce crime should not be underestimated. I also understand that within their region and have demonstrated that they community members have also attempted to make place protection of their community above petty party appointments with the local member for South-West politics. One wonders just what part of community Coast in the Assembly, Denis Napthine, and that those safety Hume City Council does not understand and requests have not been acceded to. what price it puts on the community’s protection. These cameras have been proven to be absolutely invaluable Tonight I am seeking a written update from the minister in crime prevention. on Sea View House about the issues raised in the correspondence, including the letters to the editor, and We made an election commitment to deliver CCTV as to whether he has provided formal clearance for the cameras to provide increased protection to the Sunbury closure of Sea View House and, if so, what the basis for community, and that is what we intend to do. If the that was. I also seek an update in the written advice on project falls over due to the shire’s inability to manage the nature of the one-on-one management for each and the cost of maintenance and management, it will be on every resident who has been or will be impacted on by the shire’s head. For the record, and hopefully to put this decision, where the residents have been relocated to this matter to rest, I ask the minister to reaffirm our and any other arrangements that have been put in place, commitment to the provision of CCTV cameras and the as well as the formula that will be used to distribute the allocation of the funds for this purpose. up-front fee paid by residents as they entered Sea View House or confirmation that the up-front fee will not be GM Holden: government assistance paid out and will remain in the hospital’s consolidated revenue. Mr SOMYUREK (South Eastern Metropolitan) — I raise a matter for the attention of the Minister for
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Manufacturing, Exports and Trade concerning the The gathering of youths is often very vocal. The Victorian government’s contribution to the Holden language used is often very offensive and the behaviour assistance package announced last week. In question often very aggressive and intrusive. The litter left time yesterday the minister had yet another opportunity behind at the end of a day is normally a sight for sore to display the transparency and accountability he and eyes. I am aware of an older lady who has been pushed his colleagues promised to exhibit if elected to over and of an attempted armed hold-up at one of the government. The minister steadfastly refused to do so, stores by a 15 or 16-year-old earlier this year. despite the fact that his counterparts, both federal and interstate, are willing to declare their taxpayers I have been approached by traders at the shopping investments. This raises the question of what this centre and asked to do something. I know the nearby government has to hide, and it also shows how Ballarat City Council office also finds this an hypocritical this government is when it says one thing unpleasant problem, and the issue has been raised with about accountability and transparency in opposition but councillors. Ballarat police have also been made aware acts in a way that makes accountability impossible in of the problem. It has been with great relief that I have government. This is the minister who signed off on an recently noted an increase in police presence outside the election commitment in the 2010 industry policy: shopping centre. I have been advised that that has made a difference to the behaviours on display. This issue is … to ensure these grants are actually what industry requires by no means final; there is much more to do. An from government, and to evaluate whether the dollar ongoing vigilant approach will undoubtedly consolidate allocation is fair. the efforts to date. That is on page 20. It is very hard to evaluate the fairness of a grant when the government will not I am aware this issue is not relevant to Ballarat alone or actually name a figure. to this location alone; however, it does raise the question about the impact of a visible police presence Apart from the questions around the amount of money on our streets and public spaces. Last month I involved, there are also unanswered questions relating addressed the opening of the Leadership Ballarat and to transparency and accountability, and the Victorian Western Region program. This program operates due to public deserves the answers to those questions. As a an $800 000 election commitment by the coalition consequence, I ask the minister to inform the house which was announced by the Minister for Police and about the following. What requirements were put by the Emergency Services himself, Peter Ryan. It is money Victorian government on Holden in obtaining the well spent; it is fostering, supporting and developing assistance? Has the Victorian government received a our next regional leaders. During a guarantee from Holden that it will remain in Victoria question-and-answer session many of the questions for the next 10 years? Will Victoria’s contribution posed by this group related to youth problems and ensure that Holden will not sack any of its current antisocial behaviour in public spaces and how this issue Victorian workforce? And will the value of the can be best addressed in public planning, including the Victorian government’s assistance to Holden be role of police. Part of the work the Drugs and Crime published, and if so, where? Prevention Committee is doing is looking at some of these issues. Police: Ballarat In January Mr Ryan visited Ballarat, announcing Mr RAMSAY (Western Victoria) — My question another 275 extra front-line police in Victoria by June tonight is directed to the Minister for Police and this year. By the end of June Ballarat will have received Emergency Services, the Honourable Peter Ryan. As a about 50 more police since the Baillieu government member for Western Victoria Region I spend came to power. I understand that 109 police will be considerable time in Ballarat, where I have an office. I allocated to Ballarat by the end of the government’s park my car in a nearby car park and walk to work. In first term in office. My question to the minister is: how that walk I always encounter a gathering of youths many of these police can Ballarat residents expect to be outside the Central Square shopping centre. While I placed as front-line police, walking the streets and walk without hesitation, I have observed others do so providing the visible presence that is very much with great reluctance. I have observed people avoiding needed? The Central Square example is but one the area altogether and simply walking away. If I were example of that need. a trader paying significant rent at the centre, I would be concerned, and I understand the level of angst being felt by those traders.
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Building Commission: consumer protection types of facilities that are often built before urban development encroaches. They are problematic. Mr TEE (Eastern Metropolitan) — I raise a matter for the Minister for Planning this evening relating to Today I would like to speak on and raise a matter for Lana and Boris Zaitsen, who have been building a the attention of the Minister for Environment and house. It has been going on for a number of years now, Climate Change. It is in relation to the Kingston area, and they are in dispute with the builder. This dispute which has many tips and landfill areas. I have pushed has become quite protracted and very costly and has for and we have seen some progress, with a number of reached a stalemate. stakeholders working together — the Kingston City Council and the Environment Protection Authority I spoke to Ms Zaitsen, who was quite distraught. She is (EPA), along with some of the other stakeholders in the unwell. She is looking for a way forward. She has had a community — after 10 years of neglect in enforcing number of dealings with the Building Commission, permit conditions, denying permits or extensions of with the Minister for Planning’s office and, as is permits where they are not warranted because of poor increasingly the case with these matters, with the operations and informing the community about where Premier’s office — with Mr David Vorchheimer. There to make complaints and how to have them addressed. has been a genuine effort through those meetings and discussions to try to find a way forward, but what is There are a lot of things that can be done. There are happening now is that the partly finished house is three things that are currently being done. The first is deteriorating. It has been exposed to the weather and to that the Kingston green wedge is being reviewed to see the elements, and things are going backwards rapidly. how these operations can be wound up and replaced by magnificent concepts such as chains of parks. The The builder has been taken to the Building Practitioners second relates to how to actually enforce various permit Board, and there are proceedings under way there; but, conditions. The third is that I have previously called on as I said, there is now a stalemate. The Zaitsens got a the minister to set up a reference group of genuine letter from the Building Commission in which it said it community members to oversee some of the problems. agreed to oversee the repairs and building of their home, but again those efforts have come to nothing. I have previously raised a flyer being distributed by the EPA promoting a president of a TOAG — toxic odour I ask that the minister re-engage. Ms Zaitsen says she action group — who was a card-carrying member of has been unable to get a meeting with the minister. She the Labor Party pretending to be a Kingston resident, has met with his office. She is in a very desperate way. profiling himself for a narrow agenda. Last night on the Her health has been affected. The couple’s finances news we saw Damian Coad, who is a sales consultant have been affected to the extent that they believe they with T. G. Newton and Company Sales Pty Ltd — a will be unable to make their repayments and might real estate company in Oakleigh — and who is a incur serious debt. The scenario is quite bleak for them secretary of the toxic odour action group. He is also in terms of their finances. resident of a faraway suburb — certainly not a resident of Kingston, nor does he own a business in Kingston — These are very difficult and complex issues — I but he was tagged as a Kingston resident. This is using understand that — but I would ask the minister to ambush tactics which are more intent on derailing engage with the Zaitsens, meet with them and make the processes that are intended to resolve these issues than effort to work with the Building Commission to try to on anything else. There is a very narrow agenda, and find a way forward for this couple, who really want the that can derail a lot of good work that has involved the dream home they had planned to have. Labor and Liberal parties working together to resolve some of these legacy issues. City of Kingston: waste management I am calling on the minister to enter into urgent Mrs PEULICH (South Eastern Metropolitan) — I negotiations and discussions with the EPA to see how it have raised the issue of the management of tips and can expedite the establishment of a genuine reference landfill across the south-east on numerous occasions in group and, more importantly, how to expose these this house since being elected in 2006. Yesterday we narrow interests and ambush campaigners for what they had a long debate on an attempt to revoke are, because they are certainly not locals. They are not amendment C125, and I spoke about some of the representing the local community, but they are initiatives I have pushed for in order to improve the attempting to derail the processes that are in place, and I management of some legacy issues involving these have no grounds for understanding why.
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Youth: body image There has been no new funding allocated by the Baillieu government to tackle body image issues. I am Ms MIKAKOS (Northern Metropolitan) — My concerned that the positive body image strategy has not matter this evening is for the Minister for Youth been supported with continued funding by this Affairs. I wish to express concern that the Baillieu government. There is no single solution to this issue; it government is not doing enough to promote greater is a complex issue. However, I am concerned at the self-esteem and a healthy body image amongst young silence from the Minister for Youth Affairs on this people. Negative body image can impact on their important issue. I call on the minister to allocate confidence and wellbeing and lead to serious mental funding in this year’s state budget to support programs health problems, self-harm and eating disorders. that promote a positive body image among our youth. According to Mission Australia’s national survey of Werribee employment precinct: development young Australians aged 11 to 24 conducted last year, body image ranked as one of the top three issues of Mr ELSBURY (Western Metropolitan) — My concern nationally and in Victoria. In 2011, 33.2 per adjournment matter this evening is for the attention of cent of young Victorians considered body image as the Minister for Technology, the Honourable Gordon their top personal concern. This issue has been Rich-Phillips, and it involves the Werribee employment increasing as an issue of concern over the last five years precinct. The Werribee employment precinct is a of this survey. It was the second most concerning issue project which is currently being developed by the for young people aged 20 to 24 years, and it was the Growth Areas Authority and proposes to bring some issue of most concern to Victorian females. 36 000 jobs into the western suburbs of Melbourne. It is ideally located for information and communications According to a Girlfriend magazine survey of technology organisations because there is the Werribee 1000 teenage girls reported in the Herald Sun of Mercy Hospital, a new private health clinic just about to 21 March: open in May, Victoria University, the University of Notre Dame Australia school of medicine, the More than half of girls believe losing weight would make them feel better about their appearance. University of Melbourne veterinary science school and Suzanne Cory High School. The Werribee police Some young people are resorting to dieting and station is situated on the same block, and the developing eating disorders. According to the Department of Primary Industries has got offices in the Girlfriend magazine survey, 50 per cent skipped meals, area, as does CSIRO, with scientific equipment in place 45 per cent had been on a diet, 35 per cent had cut out a for developing various products and exploring different food group and 19 per cent — that is one in five — ideas in scientific fields. admitted to vomiting after eating. Almost half of girls aged 13 to 20 years knew someone who had been It also has close proximity to Avalon Airport and diagnosed with an eating disorder, and 80 per cent said various industrial operations in Altona, Altona North, that they had heard their mothers talk about their bodies Laverton North, Truganina and Derrimut, and it sits in a negative way. between the Princes Highway, or Geelong Road, and the Geelong rail line. It has good connectivity, and it is In 2005 the Bracks and Brumby governments initiated in a very good place in Melbourne’s west to be able to a parliamentary inquiry into the effects of negative service a great deal of what is going on in that area. body image on young people. Young people reported There is also the opportunity, if we can bring more how important this issue was to them. The Labor white-collar jobs into the western suburbs of government responded by committing $2.1 million over Melbourne, for people from the areas of Point Cook, four years to implement solutions through the Wyndham Vale, Werribee, Tarneit, Truganina and Teenagers Go for Your Life positive body image further afield to be able to travel much shorter distances strategy. This was a comprehensive strategy that was to get to their workplace to undertake work in the the first of its kind in Australia and was developed to information and communications technology sector. implement the recommendations arising from the inquiry. The initiatives included community awareness The action I seek from the minister, in his day-to-day in regional and metropolitan Victoria, media and work promoting Victoria as a place for information and industry awareness partnerships, a voluntary code of communications technology organisations to establish conduct on body image for the advertising industry and themselves, is that he keep in mind this fantastic a grants program. I understand the federal government greenfields project in the Werribee employment has also initiated a range of similar programs. precinct and give it the attention it deserves, with the great potential that this project presents not only for the
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1838 COUNCIL Thursday, 29 March 2012 western suburbs but certainly for Victoria. It should not ideas that Mr Culvenor has. I will convey that request be ignored, and I hope that the minister keeps the west to the minister. in mind when he is seeking to encourage new businesses into Victoria. Ms Tierney raised a matter for the Minister for Health. She sought answers to a number of questions regarding Blackburn–Eley roads, Burwood East: the future of Sea View House in Portland. I will convey pedestrian safety that request to the Minister for Health.
Mr LEANE (Eastern Metropolitan) — My Mrs Petrovich raised a matter for the Minister for adjournment matter is for the attention of the Minister Crime Prevention regarding the closed-circuit television for Roads. Recently a safety concern was brought to my project in Sunbury. She sought that the government’s attention by a constituent. It concerns the intersection of commitment to the rollout of the CCTV network in Blackburn and Eley roads in Burwood East. It is a Sunbury be reconfirmed. I will convey that request. T-intersection, and not far down from the intersection on Eley Road the Blackburn English Language School Mr Somyurek raised a matter for the Minister for is located. Especially during peak hour in the mornings, Manufacturing, Exports and Trade. He raised a number students, some of them quite young, have to cross from of questions concerning grants made to Holden in the north side of Eley Road to get to school. The recent times. I will pass on that request to the minister. concern is that cars travelling north on Blackburn Road Mr Ramsay raised a matter for the Minister for Police and turning left into Eley Road do not have the and Emergency Services regarding public behaviour in opportunity to see the students, because of the road Ballarat; in particular he sought some advice about how situation, until they have completed their turn. It puts many additional police are going to be appointed to the some young students crossing the road at that point in Ballarat city region. I will convey that to the minister. peril. Mr Tee raised a matter for the Minister for Planning My constituent believes the situation is an accident regarding an ongoing domestic building permit dispute. waiting to happen. The constituent has suggested that He asked the minister to reacquaint himself — or the action I seek from the minister should be that ‘re-engage’ was I think the word used by Mr Tee — perhaps there could be some fencing erected on either with that particular matter to see if he can provide some side of Eley Road for at least a short distance to prevent assistance. That will be conveyed to the minister. students from crossing at that point and force them to cross further down Eley Road. Vehicles turning left will Mrs Peulich raised a matter for the Minister for then have more distance and time to see students Environment and Climate Change regarding issues crossing. That will at least give motorists the time to surrounding disused tip sites and the role of the brake if necessary. Environment Protection Authority reference group in respect of those sites in the Kingston municipality. I Responses will convey that request.
Hon. P. R. HALL (Minister for Higher Education Ms Mikakos raised a matter for the Minister for Youth and Skills) — Tonight we had 12 adjournment items. Affairs concerning body image among young people The first one was from Mr Lenders, heading up the and the importance of that particular topic. I will batting on the adjournment as usual. He raised a matter convey her comments and requests to the Minister for for the attention of the Premier regarding the Toolangi Youth Affairs. Forest Education Centre. He requested that the Premier call together three ministers with an interest in this Mr Elsbury requested that Minister Rich-Phillips particular subject and review what he claimed was an promote, wherever possible, the Werribee employment announced closure on 30 June. I will convey that to the precinct. It sounds like a great precinct, and I am sure Premier. Minister Rich-Phillips will do that. I will convey that request to him. Ms Pennicuik raised a matter for Minister Napthine regarding the recent sinking of a trawler in Port Phillip Finally, Mr Leane raised a matter concerning the Bay. I will refer that matter to the Minister for Ports. intersection of Blackburn Road and Eley Road in his electorate. Did I recently visit the centre there with you, Mr O’Brien raised a matter for Minister Rich-Phillips. President? He requested that the minister meet with one of his constituents, Mr Culvenor, regarding some farm safety The PRESIDENT — You did.
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Hon. P. R. HALL — I thought the name was familiar. They have a very fine facility in that community centre. On the matter of the Blackburn Road intersection, I will make sure that the Minister for Roads receives the request to look at whether that intersection can be made safer.
The PRESIDENT — Order! The house stands adjourned. Happy Easter, everyone.
House adjourned 4.58 p.m. until Tuesday, 17 April.
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WRITTEN ADJOURNMENT RESPONSES
Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers.
Tuesday, 27 March 2012
State Emergency Service: volunteers
Raised with: Minister for Police and Emergency Services
Raised by: Mr Finn
Raised on: 7 February 2012
REPLY:
Following the storm impact on Christmas Day, the Victoria State Emergency Service received 3556 requests for assistance (RFAs); more than 2200 calls for building damage and over 900 calls for flood damage. The number of RFAs rose to over 4451 as residents returned home after their Christmas breaks. VICSES volunteers and staff from around the state sacrificed their holidays and time with their families to respond to the needs of their communities.
VICSES volunteers were supported in the field by personnel from the Country Fire Authority (CFA), Metropolitan Fire Brigade (MFB) and the Department of Sustainability and Environment (DSE). Relief crews from South Australian State Emergency Service (SASES) and New South Wales State Emergency Service (NSWSES) arrived within days and contributed enormously to the overall effort.
I thank those VICSES volunteers and staff from around the state who sacrificed their holidays and precious time with their families to respond to the needs of their own and neighbouring communities. This government greatly values and respects the work of VICSES volunteers who play a paramount role in protecting Victorian’s from all manner of disasters. In addition to being called out to assist in emergencies, volunteers also undertake regular training and are to be commended for their level of commitment.
On Tuesday, 27 December 2011, I visited the Brimbank staging area and the Keilor VICSES unit and spoke to volunteers about the tasks being undertaken. A number of visits were also made to affected areas by the chief executive officer (CEO) of VICSES and other members to recognise our volunteers and those who arrived from interstate for their great contribution.
The CEO of VICSES on behalf of its board and all at VICSES has expressed her gratitude to all its volunteers and staff who sacrificed their holidays to respond to the needs of the community through the CEO’s newsletter.
I have also written to the CEO of VICSES conveying the government’s thanks to all its volunteers and staff, and this advice will be conveyed to VICSES units through the CEO’s monthly newsletter. Letters of appreciation by the CEO of VICSES have also been sent to the heads of the NSWSES and SASES for their assistance during this event.
I thank you for your interest in this matter.
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1842 COUNCIL Tuesday, 27 March 2012
Horsham College: redevelopment
Raised with: Minister for Education
Raised by: Ms Pulford
Raised on: 7 February 2012
REPLY:
I am informed as follows:
The Victorian coalition government has made a commitment to focus on upgrading government primary and secondary schools across the state. Priority projects to be included in the building program for the first term of government were identified in the Victorian Liberal Nationals Coalition Plan for Education, released in November 2010. Further schools were identified for capital funding in the Victorian state budget 2011–12, released on 3 May 2011.
The Victorian coalition government is aware that other schools like Horsham College had been involved in planning for building projects under the previous government’s capital works program. Unfortunately, current state budget constraints do not allow for all school building projects to be immediately funded, therefore, the needs of all schools across the state must be balanced and prioritised accordingly. The capital needs of all schools will be considered throughout state budget processes and when determining future priorities for the state government’s capital works program.
I appreciate having had the opportunity to visit the school, at the request of the member for Lowan, the Hon. Hugh Delahunty, MP, to meet with Mr Frank Spiel, principal, Horsham College, and Mr Peter French, school council president, and students.
Two major capital works projects are currently under construction on the Horsham College site. One is the relocation of the Horsham Special School ($7.5 million) and the other is the BER, Wimmera Trade Training Centre ($7.9 million) which is nearing completion.
I am advised the Grampians region has included the first stage of the Horsham College project in their program for future consideration for capital works.
Planning: Point Cook
Raised with: Minister for Planning
Raised by: Mr Elsbury
Raised on: 9 February 2012
REPLY:
The Point Cook West precinct structure plan underwent public consultation between 16 January 2012 and 16 February 2012. The Growth Areas Authority held community consultation sessions on 31 January and 1, 7, and 8 February 2012. Furthermore, I understand the Growth Areas Authority briefed Mr Elsbury, MP, member for Western Metropolitan, on Monday, 20 February 2012.
The Growth Areas Authority will continue to work with Wyndham City Council and the local community, including the Point Cook Action Group to resolve any submissions made during the consultation process. I understand the Growth Areas Authority met with the Point Cook Action Group on Monday, 27 February 2012.
I would be delighted to attend a meeting with Mr Elsbury and Mr Finn, MP, member for Western Metropolitan, to discuss the concerns of the Point Cook Action Group.
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Tuesday, 27 March 2012 COUNCIL 1843
Employment: regional and rural Victoria
Raised with: Minister for Regional and Rural Development
Raised by: Mr Lenders
Raised on: 28 February 2012
REPLY:
– Economic development through the facilitation of projects and job creation is a key priority of the coalition government.
– The regions play a key role in the coalition government’s vision to achieve balanced growth across the state.
– The representation on the Premier’s business round table from key regionally based industry sectors, including food, energy and mining, reflects this.
– In addition, the government is investing in regional Victoria through the Regional Growth Fund and a range of other programs all designed to stimulate population growth and economic activities in regional Victoria.
– Since coming into office, the coalition government has facilitated regional projects valued at approximately $747 million, resulting in the creation of 1240 new jobs.
– Key new facilitated jobs announcements in regional Victoria have included:
– 105 jobs as a result of an expansion of Hazeldene’s chicken processing plant at Lockwood (Damian Drum, 10 February 2012); – 90 new jobs in Mildura from Olam Australia’s $60 million almond processing centre (Minister Dalla-Riva, 25 November 2011); – 140 jobs as a result of an expansion of GippsAero, facilitated by a $1.5 million grant to Latrobe Regional Airport for upgraded facilities for GippsAero (Minister Ryan, 7 November 2011); – 40 jobs at RPC Technologies, Geelong, facilitated by a $2.75 million grant from the Geelong Investment & Innovation Fund (Minister Dalla-Riva, 4 November 2011); – 30 jobs from V/Line’s new maintenance facility in Ballarat (Minister Napthine, 12 August 2011); – 160 jobs from the establishment of a True Foods facility in Maryborough (Ministers Ryan and Dalla-Riva, 13 July 2011); – 50 jobs in the Kiewa Valley as a result of Danone’s $40 million plant expansion (Minister Ryan, 24 June 2011).
– Other recent media announcements of regional jobs and investment include:
– 50 jobs at Burra Foods, Korumburra as a result of a $54 million expansion (Minister Ryan, 17 February 2012); – 35 jobs at Warrnambool Cheese & Butter (Herald Sun, 20 January 2012); – 40 jobs at Tasman Market Fresh Meats new store in Shepparton (Shepparton News, 17 November 2011); – 225 jobs at Iluka Resources’ new mine near Ouyen (Sunraysia Daily, 15 November 2011).
– The Baillieu government also takes all job losses seriously across the state.
– When job losses occur, RDV/DBI staff work closely with companies and with local councils to ensure a coordinated approach to ensure that retrenched employees are aware of available assistance.
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Community services: Child FIRST centres
Raised with: Minister for Community Services
Raised by: Mr Ondarchie
Raised on: 29 February 2012
REPLY:
I thank Mr Ondarchie for raising this matter.
Protecting vulnerable children is one of the government’s highest priorities. The government established the Protecting Victoria’s Vulnerable Children Inquiry in January 2011 and tabled the report on 28 February, 2012.
In response to the report, I announced additional funding to recruit more child protection workers, the expansion of Child FIRST family services and the establishment of three new multidisciplinary centres to respond to child sexual abuse.
Child FIRST and family services have been established across Victoria since February 2009 and are a key part of the broader system supporting vulnerable children and their families. Child FIRST and family services play a critical role in identifying and responding to vulnerable children and families to reduce the risks of harm to children and decrease the need for statutory intervention.
There are four Child FIRST catchments which make up the Department of Human Services north and west metropolitan region. Two of these catchments cover the Legislative Council Northern Metropolitan Region. These are the North East Metro Child FIRST (covering the local government areas of Yarra, Darebin, Banyule, Nillumbik and Whittlesea) and the Hume Moreland Child FIRST (covering the local government areas of Hume and Moreland).
The additional Child FIRST funding announced when the Protecting Victoria’s Vulnerable Children Inquiry report was tabled provides for an additional $22.38 million in funding over five years for the six Child FIRST catchments experiencing extreme demand. This funding provides an additional $3.85 million (over four years) to the North East Metro Child FIRST and $2.69 million (over four years) for the Hume Moreland Child FIRST. This boost in capacity will significantly increase the level of support to vulnerable children and their families in the Northern Metropolitan Region of Melbourne.
Ouyen P–12 College: funding
Raised with: Minister for Education
Raised by: Ms Darveniza
Raised on: 29 February 2012
REPLY:
I am informed as follows:
The Victorian coalition government is committed to upgrading government primary and secondary schools across the state. Priority projects included in the capital works program for the first term of government are identified in the Victorian Liberal Nationals Coalition Plan for Education, released in November 2010. Further schools were identified for capital funding in the Victorian state budget 2011–12, released on 3 May 2011.
The Victorian government is currently engaged in state budget planning to determine how best to allocate public resources in the 2012–13 financial year. The outcome of this process will be announced in the 2012–13 Victorian budget released in May.
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Tuesday, 27 March 2012 COUNCIL 1845
I appreciate having had the opportunity to visit Ouyen P–12 College and meet with school representatives last September with our parliamentary colleague Mr Peter Crisp, member for Mildura. I have a better understanding and awareness of the needs of the school community thanks to my discussions with the school leadership and ongoing representation by Mr Crisp.
Iluka Resources: Douglas mine
Raised with: Minister for Energy and Resources
Raised by: Mr Lenders
Raised on: 1 March 2012
REPLY:
I refer to the adjournment debate matter you raised in the Legislative Council on 1 March 2012 regarding the Iluka Resources Ltd mine at Douglas.
Under the terms of its current approvals granted in 2009 by the former government, Iluka Resources Ltd (Iluka) can continue to store waste from its Hamilton Minerals Separation Plant at Douglas until its current mineral sands mining operations in Victoria conclude. This would occur when the Woornack, Rownack and Pirro (WRP) mine near Ouyen ends operations.
Iluka has the appropriate approvals from the Department of Health to store waste at Douglas that includes low levels of radioactivity as part of its work plan. The radioactive material is called monazite and it produces low levels of radiation. Monazite is mined along with other mineral sands but has no commercial value at present. As such, it is separated out and returned to the mine void as waste.
Iluka has a strict management plan and has approvals from the Department of Health to store some waste concentrates from the Minerals Separation Plant. The management and disposal of the waste is in accordance with national standards designed to ensure that radioactive materials are disposed of safely so that they present no risk to people or the environment.
In practical terms, one of the significant requirements is that the waste is spread across the bottom of the void and covered with a minimum of 5 metres of clean cover. Iluka’s compulsory six-monthly reporting to the Department of Health’s radiation team clearly indicates that the radiation emitted by the materials does not exceed prescribed limits detailed in the Radiation Act 2005.
Given concerns raised recently by some members of the local community, officers from my department’s independent Earth Resources Regulator met with the Kanagulk Landcare group last week and assured the group that DPI will continue its ongoing review of Iluka’s statutory and licence obligations, ensuring the mandated outcomes are met. The department will continue to be available to discuss issues with the company and the local community, and ensure that the company continues to comply with Victoria’s rigorous environmental and planning laws and regulations.
Children’s services committee: membership
Raised with: Premier
Raised by: Ms Mikakos
Raised on: 1 March 2012
REPLY:
The Protecting Victoria’s Vulnerable Children Inquiry report, conducted by the Honourable Philip Cummins, Emeritus Professor Dorothy Scott, OAM, and Mr Bill Scales, AO, is a most significant contribution to how the
WRITTEN ADJOURNMENT RESPONSES
1846 COUNCIL Tuesday, 27 March 2012 government, and governments going forward, should better deal with children in need. It also highlighted failings by previous governments.
Consistent with the past practice of governments in Victoria, the membership, name and functions of cabinet committees is not generally disclosed. This was indeed the approach taken by the previous government, in which the honourable member was a parliamentary secretary.
However, I have publicly announced that there will be a new, high-level committee of ministers who will develop and implement the comprehensive response to this report. This will include the Minister for Community Services, the Attorney-General, the Minister for Health, the Minister for Education, the Minister for Children and Early Childhood Development, the Minister for Aboriginal Affairs, the Minister for Police and Emergency Services and other relevant ministers.
The honourable member therefore can be reassured that all ministers with a portfolio interest in the government’s implementation of outcomes from the inquiry report will have the opportunity to contribute.
WRITTEN ADJOURNMENT RESPONSES
Wednesday, 28 March 2012 COUNCIL 1847
WRITTEN ADJOURNMENT RESPONSES
Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers.
Wednesday, 28 March 2012
Department of Premier and Cabinet: catering
Raised with: Premier
Raised by: Mr Lenders
Raised on: 9 February 2012
REPLY:
Ministers pay for the cost of the food and the drinks (tea, coffee, orange juice and soft drinks) provided by the Department of Premier and Cabinet (DPC) for cabinet meetings.
This arrangement is administered by the cabinet secretary.
This is a different approach from that followed by the previous Labor government.
DPC pay the caterers initially, and ministers are invoiced personally each quarter by the department. Ministers send their payments to DPC.
For cabinet committees, light refreshments (tea, coffee, soft drinks, biscuits, etc) are provided, significantly pared back from what was provided under the previous government, and these are paid for by the department as they are available not only to ministers but to officials who attend meetings of such committees.
1848 COUNCIL
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1849
QUESTIONS ON NOTICE
Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading.
Wednesday, 28 March 2012
Regional and rural development: minister’s office — staff
340. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Regional and Rural Development): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7
QUESTIONS ON NOTICE
1850 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-06 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1851
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Children and early childhood development: minister’s office — staff
347. HON. M. P. PAKULA — To ask the Minister for Children and Early Childhood Development: What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff
QUESTIONS ON NOTICE
1852 COUNCIL Wednesday, 28 March 2012 d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1853
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
QUESTIONS ON NOTICE
1854 COUNCIL Wednesday, 28 March 2012
Community services: minister’s office — staff
348. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Community Services): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1855
Minister 30-Jun-06 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4
QUESTIONS ON NOTICE
1856 COUNCIL Wednesday, 28 March 2012
Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Environment and climate change: minister’s office — staff
355. HON. M. P. PAKULA — To ask the Minister for Health (for the Minister for Environment and Climate Change): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1857
Minister 30-Jun-06 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9
QUESTIONS ON NOTICE
1858 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Innovation, services and small business: minister’s office — staff
361. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister for Innovation, Services and Small Business): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1859
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
QUESTIONS ON NOTICE
1860 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1861
Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Mental health: minister’s office — staff
365. HON. M. P. PAKULA — To ask the Minister for Health (for the Minister for Mental Health): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7
QUESTIONS ON NOTICE
1862 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-06 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1863
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Regional cities: minister’s office — staff
371. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Regional Cities): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows:
QUESTIONS ON NOTICE
1864 COUNCIL Wednesday, 28 March 2012 a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1865
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5
QUESTIONS ON NOTICE
1866 COUNCIL Wednesday, 28 March 2012
Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Tourism and major events: minister’s office — staff
377. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister for Tourism and Major Events): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1867
Minister 30-Jun-06 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
QUESTIONS ON NOTICE
1868 COUNCIL Wednesday, 28 March 2012
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Water: minister’s office — staff
380. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Water): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1869 c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9
QUESTIONS ON NOTICE
1870 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4 Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1871
Cabinet office 4 Total 126
Women’s affairs: minister’s office — staff
381. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Women’s Affairs): What is the total number of staff employed in their ministerial office as at 5 April 2011 and the total number of staff (including ministerial staff and staff seconded from departments) that have worked in the minister’s private office at any time during the period between 2 December 2010 and 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question no. 673 tabled on 13 October 2011, the following information is provided.
The total number of ministerial staff and seconded departmental staff employed in the private offices of all ministers and parliamentary secretaries is summarised as follows: a. As at 30 June 2006, there was a total of 212 staff b. As at 30 June 2007, there was a total of 214 staff c. As at 30 June 2008, there was a total of 210 staff d. As at 30 June 2009, there was a total of 210 staff; and e. As at 30 June 2010, there was a total of 212 staff.
The total number of ministerial staff and seconded departmental staff employed in each private office is as follows (please note that data as at 30 June 2006 can only be identified per portfolio rather than as individual ministerial offices):
Minister 30-Jun-06 Premier’s office 72 Arts, Women’s Affairs 4 Aged Care, Aboriginal Affairs 6 Agriculture 3 Attorney-General, Industrial Relations 10 Community Services, Children 5 Deputy Premier 7 Educational Services, Employment & Youth 8 Education & Training 7 Energy, Industry & Resources 6 Finance, Major Projects 10 Gaming & Racing, Tourism 7 Health 9 Information & Communications, Consumer Affairs 6 Local Government 6 Manufacturing & Exports, Small Business 7 Police & Emergency Services 9
QUESTIONS ON NOTICE
1872 COUNCIL Wednesday, 28 March 2012
Minister 30-Jun-06 Sport & Recreation, Commonwealth Games 7 Transport 10 Treasurer, Innovation, S&RD 10 Parliamentary Secretary to Cabinet 3 Total 212
Minister 30-Jun-07 30-Jun-08 30-Jun-09 30-Jun-10 Premier’s office 73 49 49 52 Hon. Jacinta Allan 8 8 7 8 Hon. Daniel Andrews 5 10 10 9 Hon. Peter Batchelor 10 10 10 9 Hon. John Brumby 9 Hon. Bob Cameron 5 6 6 7 Hon. Lily D’Ambrosio 6 Hon. Joe Helper 7 7 9 8 Hon. Tim Holding 8 11 11 12 Hon. Rob Hulls 8 10 9 9 Hon. Gavin Jennings 7 11 10 9 Hon. Lynne Kosky 8 6 7 Hon. John Lenders 9 8 10 10 Hon. Justin Madden 7 9 9 9 Hon. James Merlino 6 6 7 7 Hon. Maxine Morand 5 5 6 Hon. Lisa Neville 7 10 9 8 Hon. Martin Pakula 6 8 Hon. Tim Pallas 5 8 9 8 Hon. Bronwyn Pike 8 9 9 9 Hon. Tony Robinson 8 8 8 Hon. Theo Theophanous 9 9 Hon. John Thwaites 7 Hon. Richard Wynne 5 8 8 8 Parliamentary Secretary to Cabinet 3 2 2 2 Total 214 210 210 212
For ease of comparison, the total number of ministerial staff employed in the private offices of all ministers is summarised as follows, as at 5 April 2011:
Premier’s office 29 Hon. Peter Ryan 10 Hon. Louise Asher 5 Hon. Robert Clark 3 Hon. Richard Dalla-Riva 4
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1873
Hon. David Davis 5 Hon. Hugh Delahunty 3 Hon. Martin Dixon 4 Hon. Matthew Guy 4 Hon. Peter Hall 4 Hon. Nicholas Kotsiras 5 Hon. Wendy Lovell 5 Hon. Andrew McIntosh 4 Hon. Terry Mulder 4 Hon. Dr Denis Napthine 4 Hon. Michael O’Brien 5 Hon. Jeanette Powell 4 Hon. Gordon Rich-Phillips 2 Hon. Ryan Smith 5 Hon. Peter Walsh 5 Hon. Kim Wells 4 Hon. Mary Wooldridge 4 Cabinet office 4 Total 126
Regional and rural development: minister’s office — public transport tickets
387. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Regional and Rural Development): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Children and early childhood development: minister’s office — public transport tickets
394. HON. M. P. PAKULA — To ask the Minister for Children and Early Childhood Development: What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Community services: minister’s office — public transport tickets
395. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Community Services): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
QUESTIONS ON NOTICE
1874 COUNCIL Wednesday, 28 March 2012
Housing: minister’s office — public transport tickets
407. HON. M. P. PAKULA — To ask the Minister for Housing: What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Innovation, services and small business: minister’s office — public transport tickets
408. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister for Innovation, Services and Small Business): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Mental health: minister’s office — public transport tickets
412. HON. M. P. PAKULA — To ask the Minister for Health (for the Minister for Mental Health): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Tourism and major events: minister’s office — public transport tickets
424. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister for Tourism and Major Events): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
Women’s affairs: minister’s office — public transport tickets
428. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Women’s Affairs): What was the total cost for public transport tickets allocated to staff employed in the minister’s office between the period 2 December 2010 and 5 April 2011.
ANSWER:
No public transport tickets were allocated to staff employed in the minister’s office during this period.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1875
Agriculture and food security: minister’s office — car parking spaces
469. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Agriculture and Food Security):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186
QUESTIONS ON NOTICE
1876 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1877
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
QUESTIONS ON NOTICE
1878 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1879
Financial Year Car Spaces Total Cost 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
QUESTIONS ON NOTICE
1880 COUNCIL Wednesday, 28 March 2012
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1881
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Assistant-Treasurer: minister’s office — car parking spaces
470. HON. M. P. PAKULA — To ask the Assistant Treasurer:
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
QUESTIONS ON NOTICE
1882 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1883
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
QUESTIONS ON NOTICE
1884 COUNCIL Wednesday, 28 March 2012
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1885
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0
QUESTIONS ON NOTICE
1886 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1887
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
QUESTIONS ON NOTICE
1888 COUNCIL Wednesday, 28 March 2012
Aviation industry: minister’s office — car parking spaces
472. HON. M. P. PAKULA — To ask the Minister Responsible for the Aviation Industry:
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1889
Financial Year Car Spaces Total Cost 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
QUESTIONS ON NOTICE
1890 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1891
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090
QUESTIONS ON NOTICE
1892 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1893
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
QUESTIONS ON NOTICE
1894 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Children and early childhood development: minister’s office — car parking spaces
473. HON. M. P. PAKULA — To ask the Minister for Children and Early Childhood Development:
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1895
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
QUESTIONS ON NOTICE
1896 COUNCIL Wednesday, 28 March 2012
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1897
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
QUESTIONS ON NOTICE
1898 COUNCIL Wednesday, 28 March 2012
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1899
Financial Year Car Spaces Total Cost 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
QUESTIONS ON NOTICE
1900 COUNCIL Wednesday, 28 March 2012
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1901
Corrections: minister’s office — car parking spaces
476. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister for Corrections):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186
QUESTIONS ON NOTICE
1902 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1903
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
QUESTIONS ON NOTICE
1904 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1905
Financial Year Car Spaces Total Cost 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
QUESTIONS ON NOTICE
1906 COUNCIL Wednesday, 28 March 2012
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1907
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Education: minister’s office — car parking spaces
478. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
QUESTIONS ON NOTICE
1908 COUNCIL Wednesday, 28 March 2012
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
Mental health: minister’s office — car parking spaces
479. HON. M. P. PAKULA — To ask the Minister for Health (for the Minister for Mental Health):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1909
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400
QUESTIONS ON NOTICE
1910 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1911
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
QUESTIONS ON NOTICE
1912 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1913
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
QUESTIONS ON NOTICE
1914 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Multicultural affairs and citizenship: minister’s office — car parking spaces
480. HON. M. P. PAKULA — To ask the Minister for Planning (for the Minister for Multicultural Affairs and Citizenship):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1915
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
QUESTIONS ON NOTICE
1916 COUNCIL Wednesday, 28 March 2012
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1917
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
QUESTIONS ON NOTICE
1918 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1919
Financial Year Car Spaces Total Cost 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
QUESTIONS ON NOTICE
1920 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1921
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Establishment of an anti-corruption commission: minister’s office — car parking spaces
486. HON. M. P. PAKULA — To ask the Minister for Employment and Industrial Relations (for the Minister responsible for the establishment of an Anti-Corruption Commission):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733
QUESTIONS ON NOTICE
1922 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1923
Financial Year Car Spaces Total Cost 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148
QUESTIONS ON NOTICE
1924 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1925
Financial Year Car Spaces Total Cost 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
QUESTIONS ON NOTICE
1926 COUNCIL Wednesday, 28 March 2012
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1927
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Technology: minister’s office — car parking spaces
490. HON. M. P. PAKULA — To ask the Minister for Technology:
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
QUESTIONS ON NOTICE
1928 COUNCIL Wednesday, 28 March 2012
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1929
Financial Year Car Spaces Total Cost 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264
QUESTIONS ON NOTICE
1930 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1931
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491
QUESTIONS ON NOTICE
1932 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1933
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
QUESTIONS ON NOTICE
1934 COUNCIL Wednesday, 28 March 2012
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Water: minister’s office — car parking spaces
493. HON. M. P. PAKULA — To ask the Minister for Higher Education and Skills (for the Minister for Water):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1935
Financial Year Car Spaces Total Cost 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027
QUESTIONS ON NOTICE
1936 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1937
Financial Year Car Spaces Total Cost 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
QUESTIONS ON NOTICE
1938 COUNCIL Wednesday, 28 March 2012
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1939
Financial Year Car Spaces Total Cost 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
QUESTIONS ON NOTICE
1940 COUNCIL Wednesday, 28 March 2012
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Women’s affairs: minister’s office — car parking spaces
494. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Women’s Affairs):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1941
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487
QUESTIONS ON NOTICE
1942 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1943
Financial Year Car Spaces Total Cost 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588
QUESTIONS ON NOTICE
1944 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1945
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
QUESTIONS ON NOTICE
1946 COUNCIL Wednesday, 28 March 2012
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1947
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
Youth affairs: minister’s office — car parking spaces
495. HON. M. P. PAKULA — To ask the Minister for Housing (for the Minister for Youth Affairs):
(1) What was the number of car parking spaces allocated to the minister’s office as at 5 April 2011. (2) What was the cost of car parking spaces allocated to the minister’s office as at 5 April 2011. (3) What was the market value of car parking spaces allocated to the minister’s office as at 5 April 2011.
ANSWER:
I am informed that:
Further to the answer to question on notice no. 674, tabled on 28 February 2012, the following information is provided on the costs of car parking spaces allocated to ministerial offices from 2005–06.
DEPARTMENT OF BUSINESS and INNOVATION
Financial Year Car Spaces Total Cost 2005–06 14 $84 963 2006–07 14 $88 502 2007–08 14 $92 190 2008–09 14 $96 030 2009–10 14 $100 032
DEPARTMENT OF HUMAN SERVICES HEALTH
Financial Year Car Spaces Total Cost 2005–06 8 $10 311
QUESTIONS ON NOTICE
1948 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2006–07 7 $35 568 2007–08 8 $43 498 2008–09 7 $39 997 2009–10 12 $70 180
COMMUNITY SERVICES
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 5 $25 405 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
HOUSING
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 4 $20 324 2007–08 5 $27 186 2008–09 5 $28 569 2009–10 6 $35 090
AGED CARE
Financial Year Car Spaces Total Cost 2005–06 6 $7733 2006–07 6 $30 487 2007–08 6 $32 624 2008–09 6 $34 284 2009–10 5 $29 242
MENTAL HEALTH, Children
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 3 $15 244 2007–08 0 $0 2008–09 0 $0 2009–10 0 $0
MENTAL HEALTH, Senior Victorians, Community Services
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 7 $38 061
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1949
Financial Year Car Spaces Total Cost 2008–09 9 $51 426 2009–10 8 $46 787
DEPARTMENT OF PRIMARY INDUSTRIES Financial Year Car Spaces Total Cost 2005–06 5 $23 100 2006–07 14 $64 680 2007–08 14 $70 027 2008–09 14 $69 720 2009–10 14 $69 720
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Financial Year Car Spaces Total Cost 2005–06 15 $68 400 2006–07 12 $61 517 2007–08 28 $149 530 2008–09 29 $166 304 2009–10 25 $119 109
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES PLANNING
Financial Year Car Spaces Total Cost 2005–06 10 $45 600 2006–07 10 $51 264 2007–08 10 $51 264 2008–09 10 $54 813 2009–10 10 $57 266
SPORT AND RECREATION
Financial Year Car Spaces Total Cost 2005–06 7 $33 574 2006–07 7 $34 792 2007–08 7 $36 054 2008–09 7 $37 361 2009–10 7 $38 716
COMMUNITY DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 0 $0 2006–07 0 $0 2007–08 0 $0 2008–09 0 $0
QUESTIONS ON NOTICE
1950 COUNCIL Wednesday, 28 March 2012
Financial Year Car Spaces Total Cost 2009–10 5 $15 056
DEPARTMENT OF TRANSPORT
ROADS AND PORTS
Financial Year Car Spaces Total Cost 2005–06 4 $25 668 2006–07 2 $13 720 2007–08 8 $41 148 2008–09 7 $41 472 2009–10 7 $41 507
TRANSPORT
Financial Year Car Spaces Total Cost 2005–06 3 $19 248 2006–07 1 $2947 2007–08 10 $51 430 2008–09 5 $29 616 2009–10 6 $35 577
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT
Financial Year Car Spaces Total Cost 2005–06 13 $52 767 2006–07 23 $99 360 2007–08 21 * 2008–09 21 $106 588 2009–10 18 $89 251 *No cost available
DEPARTMENT OF JUSTICE
ATTORNEY-GENERAL
Financial Year Car Spaces Total Cost 2005–06 5 * 2006–07 6 $32 832 2007–08 7 $38 304 2008–09 2 $11 352 2009–10 2 $12 144 *Parking managed as part of rental — no cost recorded
CONSUMER AFFAIRS
Financial Year Car Spaces Total Cost 2005–06 2 * 2006–07 6 $32 832
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1951
Financial Year Car Spaces Total Cost 2007–08 6 $32 832 2008–09 6 $28 143 2009–10 7 $32 834 *Parking managed as part of rental — no cost recorded
POLICE, CORRECTIONS AND EMERGENCY SERVICES
Financial Year Car Spaces Total Cost 2005–06 3 * 2006–07 3 $11 160 2007–08 6 $31 080 2008–09 6 $32 100 2009–10 8 $48 576 *Parking managed as part of rental — no cost recorded
DEPARTMENT OF PREMIER and CABINET
OFFICE OF THE DEPUTY PREMIER
Financial Year Car Spaces Total Cost 2005–06 3 $2836 2006–07 6 $7486 2007–08 7 $23 090 2008–09 6 $20 922 2009–10 6 $19 494
OFFICE OF THE PREMIER
Financial Year Car Spaces Total Cost 2005–06 67 $241 082 2006–07 70 $240 516 2007–08 54 $259 491 2008–09 51 $243 929 2009–10 53 $199 757
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Financial Year Car Spaces Total Cost 2005–06 7 $34 354 2006–07 6 $33 017 2007–08 6 $5453* 2008–09 0 $0 2009–10 0 $0 *Until September 2007
QUESTIONS ON NOTICE
1952 COUNCIL Wednesday, 28 March 2012
OFFICE OF THE TREASURER
Financial Year Car Spaces Total Cost 2005–06 6 $20 568 2006–07 6 $20 364 2007–08 11 $47 108 2008–09 8 $26 826 2009–10 7 $24 346
PERIOD FROM 2 DEC 2010 TO 5 APRIL 2011 DEPARTMENT OF BUSINESS and INNOVATION
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 14 $34 257.00
DEPARTMENT OF HUMAN SERVICES MENTAL HEALTH, WOMEN’S AFFAIRS and COMMUNITY SERVICES
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 100.00
HOUSING and CHILDREN and EARLY CHILDHOOD DEVELOPMENT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
HEALTH and AGEING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $18 400.00
DEPARTMENT OF PRIMARY INDUSTRIES Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $8300.00
DEPARTMENT OF SUSTAINABILITY AND ENVIRONMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $13 589.24
DEPARTMENT OF PLANNING AND COMMUNITY SERVICES SPORT, RECREATION, VETERANS’ AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $6900.00
LOCAL GOVERNMENT, ABORIGINAL AFFAIRS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 6 $14 179.80
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1953
PLANNING
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 7 $16 131.85
DEPARTMENT OF TRANSPORT PORTS
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 3 $5633.54
ROADS and TRANSPORT
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 4 $7682.10
DEPARTMENT OF EDUCATION and EARLY CHILDHOOD DEVELOPMENT Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 8 $24 578.40
DEPARTMENT OF JUSTICE Year Car Spaces Total Cost 2 Dec 2011–5 April 2011 5 $11 507.55
DEPARTMENT OF PREMIER and CABINET OFFICE OF THE DEPUTY PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 5 $7839.00
OFFICE OF THE PREMIER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 20 $24 567.00
DEPARTMENT of TREASURY AND FINANCE OFFICE OF THE MINISTER FOR FINANCE
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 0 $0
OFFICE OF THE TREASURER
Year Car Spaces Total Cost 2 Dec 2010–5 April 2011 2 $3301.00
QUESTIONS ON NOTICE
1954 COUNCIL Wednesday, 28 March 2012
Education: capital works — Bruthen Primary School
1318. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Bruthen Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Bruthen Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Buchan Primary School
1319. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Buchan Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Buchan Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Buckley Park College
1320. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1955
(1) Will Buckley Park College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Buckley Park College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Bullarto Primary School
1321. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Bullarto Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Bullarto Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Bundoora Primary School
1322. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Bundoora Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Bundoora Primary School commenced master-planning and if so will this master-planning continue in 2011.
QUESTIONS ON NOTICE
1956 COUNCIL Wednesday, 28 March 2012
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Bundoora Secondary College
1323. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Bundoora Secondary College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Bundoora Secondary College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Bungaree Primary School
1324. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Bungaree Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Bungaree Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1957 capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Buninyong Primary School
1325. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Buninyong Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Buninyong Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Burwood East Primary School
1326. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Burwood East Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Burwood East Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
QUESTIONS ON NOTICE
1958 COUNCIL Wednesday, 28 March 2012
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Burwood East Special Developmental School
1327. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Burwood East Special Developmental School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Burwood East Special Developmental School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Buxton Primary School
1328. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Buxton Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Buxton Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1959
Education: capital works — Cairnlea Park Primary School
1329. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cairnlea Park Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cairnlea Park Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Caledonian Primary School
1330. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Caledonian Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Caledonian Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
1960 COUNCIL Wednesday, 28 March 2012
Education: capital works — California Gully Primary School
1331. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will California Gully Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has California Gully Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Camberwell High School
1332. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Camberwell High School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Camberwell High School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Camberwell Primary School
1333. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1961
(1) Will Camberwell Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Camberwell Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Camberwell South Primary School
1334. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Camberwell South Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Camberwell South Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Cambridge Primary School
1335. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cambridge Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cambridge Primary School commenced master-planning and if so will this master-planning continue in 2011.
QUESTIONS ON NOTICE
1962 COUNCIL Wednesday, 28 March 2012
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Camelot Rise Primary School
1336. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Camelot Rise Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Camelot Rise Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Camp Hill Primary School
1337. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Camp Hill Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Camp Hill Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1963 capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Campbellfield Heights Primary School
1338. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Campbellfield Heights Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Campbellfield Heights Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Campbells Creek Primary School
1339. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Campbells Creek Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Campbells Creek Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
QUESTIONS ON NOTICE
1964 COUNCIL Wednesday, 28 March 2012
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Canadian Lead Primary School
1340. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Canadian Lead Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Canadian Lead Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Cann River P–12 College
1341. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cann River P–12 College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cann River P–12 College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1965
Education: capital works — Canterbury Girls Secondary College
1342. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Canterbury Girls Secondary College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Canterbury Girls Secondary College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Canterbury Primary School
1343. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Canterbury Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Canterbury Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
1966 COUNCIL Wednesday, 28 March 2012
Education: capital works — Cape Clear Primary School
1344. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cape Clear Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cape Clear Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Cardinia Primary School
1345. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cardinia Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cardinia Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Cardross Primary School
1346. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1967
(1) Will Cardross Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cardross Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carisbrook Primary School
1347. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carisbrook Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carisbrook Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carlisle River Primary School
1348. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carlisle River Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carlisle River Primary School commenced master-planning and if so will this master-planning continue in 2011.
QUESTIONS ON NOTICE
1968 COUNCIL Wednesday, 28 March 2012
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carnegie Primary School
1349. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carnegie Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carnegie Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carranballac P–9 College
1350. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carranballac P–9 College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carranballac P–9 College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1969 capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carraragarmungee Primary School
1351. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carraragarmungee Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carraragarmungee Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carrington Primary School
1352. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carrington Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carrington Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
QUESTIONS ON NOTICE
1970 COUNCIL Wednesday, 28 March 2012
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carrum Downs Primary School
1353. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carrum Downs Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carrum Downs Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carrum Downs Secondary College
1354. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carrum Downs Secondary College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carrum Downs Secondary College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1971
Education: capital works — Carrum Primary School
1355. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carrum Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carrum Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Carwatha College P–12
1356. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Carwatha College P–12 receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Carwatha College P–12 commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
1972 COUNCIL Wednesday, 28 March 2012
Education: capital works — Castlemaine North Primary School
1357. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Castlemaine North Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Castlemaine North Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Castlemaine Primary School
1358. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Castlemaine Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Castlemaine Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Castlemaine Secondary College
1359. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1973
(1) Will Castlemaine Secondary College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Castlemaine Secondary College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Caulfield South Primary School
1360. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Caulfield South Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Caulfield South Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Ceres Primary School
1361. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Ceres Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Ceres Primary School commenced master-planning and if so will this master-planning continue in 2011.
QUESTIONS ON NOTICE
1974 COUNCIL Wednesday, 28 March 2012
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Chalcot Lodge Primary School
1362. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Chalcot Lodge Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Chalcot Lodge Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Charlton College
1363. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Charlton College receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Charlton College commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1975 capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Chatham Primary School
1364. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Chatham Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Chatham Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Chelsea Heights Primary School
1365. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Chelsea Heights Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Chelsea Heights Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
QUESTIONS ON NOTICE
1976 COUNCIL Wednesday, 28 March 2012
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Chelsea Primary School
1366. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Chelsea Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Chelsea Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
Education: capital works — Cheltenham East Primary School
1367. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Education):
(1) Will Cheltenham East Primary School receive funding in the next five years, equal to or greater than the guaranteed minimum for capital works under the Victorian schools plan. (2) Has Cheltenham East Primary School commenced master-planning and if so will this master-planning continue in 2011.
ANSWER:
I am informed as follows:
Consistent with longstanding policy under successive Victorian governments, capital investments are determined by cabinet and announced in the Victorian state budget for the upcoming financial year. No guaranteed minimum capital investment has ever applied to individual capital projects in Victoria prior to the announcement of an individual capital investment in the budget papers.
All existing schools in Victoria have gone through at least one major planning phase and without any indication of the relevant time period for consideration no further detail can be provided.
Decisions about individual planning stages for capital investments are made throughout each calendar year and these decisions cannot be pre-empted.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1977
Health: ambulance services — heroin overdoses
3564. MS HARTLAND — To ask the Minister for Health:
(1) How many ambulance call-outs have there been for non-fatal heroin overdose in the City of Yarra local government area, each year, for the past five years. (2) How many of these call-outs resulted in the person attending hospital.
ANSWER:
I am informed that:
(1) The number of heroin related ambulance attendances in the City of Yarra were:
2005–06: 156
2006–07: 287
2007–08: 396
2008–09: 420
2009–10: 428.
(2) The proportion of these attendances in the City of Yarra that were transported to hospital were:
2005–06: 43 per cent
2006–07: 25 per cent
2007–08: 25 per cent
2008–09: 30 per cent
2009–10: 31 per cent.
Finance: Affairs of State
6648. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Affairs of State and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1978 COUNCIL Wednesday, 28 March 2012
Finance: Allygroup
6649. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Allygroup and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: AusAccess Unit Trust
6650. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm AusAccess Unit Trust and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Australian Public Affairs Partnership Ltd
6651. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Australian Public Affairs Partnership Limited and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1979
Finance: Baber Roger Peters
6652. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Baber Roger Peters and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Barton Deakin
6653. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Barton Deakin and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Berkeley Consultants Pty Ltd
6654. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Berkeley Consultants Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1980 COUNCIL Wednesday, 28 March 2012
Finance: Bluegrass Consulting
6655. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Bluegrass Consulting and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Burson-Marsteller
6656. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Burson-Marsteller and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: CamCom-Campaign Communications
6657. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm CamCom-Campaign Communications and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1981
Finance: Cameron Milner
6658. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Cameron Milner and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Cannings Corporate Communications
6659. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Cannings Corporate Communications and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Carney Associates
6660. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Carney Associates and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1982 COUNCIL Wednesday, 28 March 2012
Finance: Chris Schacht
6661. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Chris Schacht and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Clean Economy Services
6662. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Clean Economy Services and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Clifton Consulting Services Pty Ltd
6663. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Clifton Consulting Services Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1983
Finance: Corporate Words Australia Pty Ltd
6664. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Corporate Words Australia Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Cosway Australia
6665. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Cosway Australia and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Cox Inall Communications
6666. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Cox Inall Communications and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1984 COUNCIL Wednesday, 28 March 2012
Finance: CPI Strategic
6667. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm CPI Strategic and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: CPR Communications and Public Relations Pty Ltd
6668. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm CPR Communications & Public Relations Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: CSR Ltd
6669. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm CSR Limited and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1985
Finance: Dan Cass and Company
6670. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Dan Cass & Company and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Daskay Pty Ltd
6671. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Daskay Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Daymark Public Relations Pty Ltd
6672. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Daymark Public Relations Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1986 COUNCIL Wednesday, 28 March 2012
Finance: Diplomacy Pty Ltd
6673. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Diplomacy Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: EC Strategies Pty Ltd
6674. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm EC Strategies Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Edunity
6675. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Edunity and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1987
Finance: Embark Worldwide Consulting
6676. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Embark Worldwide Consulting and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Endeavour Consulting Group Pty Ltd
6677. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Endeavour Consulting Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Enhance Corporate Pty Ltd
6678. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Enhance Corporate Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1988 COUNCIL Wednesday, 28 March 2012
Finance: Essential Media Communications
6679. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Essential Media Communications and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: FIPRA Australia Pty Ltd
6680. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm FIPRA Australia Pty Limited and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: G and A Commercial Services Pty Ltd
6681. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm G & A Commercial Services Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1989
Finance: G. F. Richardson
6682. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm G. F. Richardson and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Galbraith and Company Pty Ltd
6683. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Galbraith & Company Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Gell Southam Group Pty Ltd
6684. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Gell Southam Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1990 COUNCIL Wednesday, 28 March 2012
Finance: Government Relations Australia Advisory Pty Ltd
6685. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Government Relations Australia Advisory Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Government Relations Solutions Pty Ltd
6686. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Government Relations Solutions Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Hawker Britton
6687. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Hawker Britton and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1991
Finance: Hill and Knowlton
6688. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Hill & Knowlton and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: HTT Trust
6689. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm HTT Trust and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Hugo Halliday Pty Ltd
6690. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Hugo Halliday Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1992 COUNCIL Wednesday, 28 March 2012
Finance: InsideOut Strategic
6691. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm InsideOut Strategic and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: InterCapital Group Pty Ltd
6692. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm InterCapital Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Intermediary Consulting Pty Ltd
6693. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Intermediary Consulting Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1993
Finance: Ivydale Nominees Pty Ltd
6694. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Ivydale Nominees Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Jackson Wells Pty Ltd
6695. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Jackson Wells Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Jeni Coutts and Associates Pty Ltd
6696. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Jeni Coutts & Associates Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1994 COUNCIL Wednesday, 28 March 2012
Finance: John Connolly and Partners Pty Ltd
6697. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm John Connolly & Partners Pty Limited and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: John Cook
6698. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm John Cook and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: John Martin McQuilten
6699. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm John Martin McQuilten and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1995
Finance: Kenneth Gordon Betts
6700. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Kenneth Gordon Betts and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: KPMG
6701. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm KPMG and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Kreab Gavin Anderson (Australia) Ltd
6702. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Kreab Gavin Anderson (Australia) Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1996 COUNCIL Wednesday, 28 March 2012
Finance: LESL Services Pty Ltd
6703. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm LESL Services Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: LK Creative
6704. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm LK Creative and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Manallack Pty Ltd
6705. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Manallack Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1997
Finance: Markstone Group Pty Ltd
6706. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Markstone Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Marshall Place Associates Pty Ltd
6707. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Marshall Place Associates Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Martin Jones
6708. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Martin Jones and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
1998 COUNCIL Wednesday, 28 March 2012
Finance: Max Jackson and Associates
6709. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Max Jackson & Associates and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Media Affairs
6710. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Media Affairs and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Melbourne Public Relations Group
6711. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Melbourne Public Relations Group and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 1999
Finance: Michael Kelly
6712. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Michael Kelly and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: MPR
6713. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm MPR and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Next Generation Thinking
6714. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Next Generation Thinking and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
2000 COUNCIL Wednesday, 28 March 2012
Finance: Numbat Consulting
6715. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Numbat Consulting and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Paris Walter Pty Ltd
6716. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Paris Walter Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Parker and Partners Pty Ltd
6717. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Parker & Partners Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2001
Finance: Pesel and Carr
6718. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Pesel & Carr and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Phoenix Public Affairs
6719. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Phoenix Public Affairs and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Place Consultancy
6720. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Place Consultancy and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
2002 COUNCIL Wednesday, 28 March 2012
Finance: Porter Novelli
6721. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Porter Novelli and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Primary Communication Pty Ltd
6722. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Primary Communication Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Profile Management Consultants Pty Ltd
6723. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Profile Management Consultants Pty Ltd as trustee for Profile Trust and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2003
Finance: Public Affairs Network Pty Ltd
6724. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Public Affairs Network Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Public Relations Exchange Pty Ltd
6725. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Public Relations Exchange Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: RedStick Strategic Communications
6726. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm RedStick Strategic Communications and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
2004 COUNCIL Wednesday, 28 March 2012
Finance: Relate Technical Communications Pty Ltd
6727. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Relate Technical Communications Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Reputation Pty Ltd
6728. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Reputation Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Res Publica
6729. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Res Publica and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2005
Finance: Richardson Coutts Pty Ltd
6730. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Richardson Coutts Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Royce (Vic) Pty Ltd
6731. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Royce (Vic) Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: SAS Group
6732. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm SAS Group and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
2006 COUNCIL Wednesday, 28 March 2012
Finance: Shac Pty Ltd
6733. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Shac Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Shelly Freeman Consultant
6734. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Shelly Freeman Consultant and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Socom Pty Ltd
6735. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Socom Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2007
Finance: Statecraft Pty Ltd
6736. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Statecraft Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Strategic Advice Australia Pty Ltd
6737. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Strategic Advice Australia Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Strategic Partnership Group
6738. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Strategic Partnership Group and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
2008 COUNCIL Wednesday, 28 March 2012
Finance: The Agenda Group Pty Ltd
6739. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm The Agenda Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: The Civic Group Pty Ltd
6740. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm The Civic Group Pty Ltd and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: The Strategic Counsel
6741. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm The Strategic Counsel and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2009
Finance: The Trustee for the S and L Santoro Family Trust
6742. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm The Trustee for the S & L Santoro Family Trust and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Finance: Wilkinson Group
6743. HON. M. P. PAKULA — To ask the Assistant Treasurer (for the Minister for Finance): For the period 2 December 2010 to 16 August 2011: has the minister (or their staff) met with representatives of the lobbying firm Wilkinson Group and if so:
(1) On which date was the meeting held. (2) Was the minister (or their staff) accompanied by departmental representatives. (3) Were any note(s) or record(s) of the meeting kept. (4) Was the lobbyist(s) acting on behalf of a client(s), and if so what was the name of the client(s).
ANSWER:
Government ministers and ministerial staff members continue to adhere to the Victorian government professional lobbyist code of conduct introduced in August 2009.
The government has released a new fundraising code of conduct.
Energy and resources: CarbonNet program — HRL funding
8151. MR BARBER — To ask the Minister for Higher Education and Skills (for the Minister for Energy and Resources):
(1) Has the department advanced any of the committed $3.5 million for the proposed HRL power station through the CarbonNet program to assist the development of a plan for carbon capture and storage; if so, how much has been advanced. (2) When is that plan scheduled to be completed.
ANSWER:
I am informed that:
(1) No funding allocated to the CarbonNet project has been provided to HRL to assist with the development of a plan for carbon capture and storage (CCS).
QUESTIONS ON NOTICE
2010 COUNCIL Wednesday, 28 March 2012
(2) The CarbonNet project is in its early feasibility phase which is due for completion in late 2013. An announcement was made on 10 February 2012 regarding the selection of CarbonNet for funding under the Australian government’s carbon capture and storage flagships program.
Water: Northern Victoria Irrigation Renewal Project — Benjeroop
8162. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water):
(1) Will the Benjeroop district have their irrigation system upgraded as part of the Northern Victoria Irrigation Renewal Project (NVIRP). (2) To what extent will the upgrade works be consistent with the original plan for the Benjeroop area. (3) Have the planned upgrades under the NVIRP been, or will they be, altered in any way as a consequence of the flooding of Benjeroop in January 2011.
ANSWER:
I am informed that:
As a result of the Lower Loddon Irrigation Recovery Package (LLIRP) voluntary buyback, the land use will change in the Benjeroop district and reduce demand for irrigation services. It is unlikely that there will be any extensions of the backbone channel and there is a possibility that the Northern Victoria Irrigation Renewal Project (NVIRP) will be able to consider further reductions in the backbone channel.
As many property owners have accepted buyback offers, the Benjeroop strategic connection program previously prepared by NVIRP before the 2011 flood is no longer valid.
After the floods, NVIRP temporarily suspended their strategic connections project for Benjeroop. Now that most of the LLIRP buyback offers have been finalised, NVIRP will recommence discussions with Benjeroop landowners about their connection options. This will also include stock and domestic water supply requirements for dryland properties.
Water: Goulburn-Murray Water — irrigation services
8163. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water): Is Goulburn-Murray Water obligated to continue providing irrigation services to any person holding water delivery shares within its jurisdiction.
ANSWER:
I am informed that:
Goulburn-Murray Water has an obligation to supply irrigation water to any person who holds a water delivery share in its jurisdiction and is using water in accordance with their water use licence (WUL). Supply to an irrigator will continue unless the irrigator cancels or transfers their delivery share and/or cancels their WUL.
Water: irrigation — Benjeroop
8165. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water): Is it the intention of the government to permanently remove irrigation water from the Benjeroop area.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2011
ANSWER:
I am informed that:
It is the intention of the government to increase the resilience of the Benjeroop area through voluntary land use change. The Benjeroop area is situated on the Loddon River flood plain and has been identified as a high flood risk area as part of the Lower Loddon Irrigator Recovery Package.
The majority of the farmland in the area has been laid out for irrigation, which is vulnerable to extensive damage by floods, particularly in the Benjeroop area, where the duration of inundation can be quite long; as occurred in January 2011.
One of the key objectives of the Lower Loddon Irrigator Recovery Package is to buy back land in the high risk areas and help irrigators relocate their vulnerable agricultural businesses to other less flood prone areas. Once the land is purchased, or the land use is changed voluntarily by the land-holder, the water use licence (WUL) will be cancelled and the property excised from the irrigation district.
Removing the WUL and excising the property from the irrigation district does not prevent irrigation in the future. It is possible to apply to be included in the irrigation district in the future, or become a diverter off the River Murray. However, a land management agreement will be attached to the property titles advising prospective purchasers of the potential flood risks. This will aim to encourage landowners to purchase land in lower risk areas or purchase the land at their own risk.
The buyback and land use change offers are voluntary. Goulburn-Murray Water will continue to supply water to land-holders who choose to remain in the district and do not take up the buyback or land use change incentives.
Water: voluntary buyback scheme — Benjeroop
8166. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water): In relation to the property of Simon Telar located at 192 Little Murray Road, Benjeroop:
(1) Will the government offer to purchase this property under the Benjeroop voluntary buyback scheme given the adjoining properties have all received offers under the scheme. (2) Will the owners of this property receive government assistance or funding for the construction of a levy to enable vehicular access to the property in the instance of a future flood event. (3) Will the minister provide a guarantee that pumps will be provided and installed to enable water to be pumped from the property in the instance of a future flood event.
ANSWER:
I am informed that:
(1) The Rural Finance Corporation is making offers to purchase properties that are located within the high flood risk area, in accordance with priorities set by the Lower Loddon Irrigator Recovery Taskforce. Simone Treloar’s property is located within the high risk areas and her position at the bottom of the flood plain system fits with the funding priorities.
(2) The Lower Loddon Irrigator Recovery Package (LLIRP) is funding the construction of levies around dwellings in the high flood risk areas up to the value of $30,000, unless the dwelling is due to be demolished. This is being delivered by North Central Catchment Management Authority (CMA). Once any property changes hands, the Rural Finance Corporation, in consultation with the CMA, considers whether it is feasible to construct a ring levee, or whether the dwelling should be demolished.
(3) The government will not install pumps to remove water from properties in the event of a future flood. The LLIRP will reduce the flood risk in the Benjeroop area by changing the land use and protecting dwellings with ring levees.
QUESTIONS ON NOTICE
2012 COUNCIL Wednesday, 28 March 2012
Water: voluntary buyback scheme — Benjeroop
8167. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water): What conditions has the minister, Goulburn-Murray Water or any authorised agent set for a property to be eligible to receive an offer under the Benjeroop voluntary buyback scheme.
ANSWER:
I am informed that:
The Lower Loddon Irrigator Recovery Taskforce that I established has determined the eligibility and priorities for the voluntary buyback and incentives for land use change.
The task force defined the high risk area, which determined eligibility for an offer. Expert and independent advice was used to prepare a detailed risk assessment that took into account the actual hazard rating, socioeconomic factors and potential infrastructure impacts.
The task force then determined priorities for the making of offers to land-holders within the high risk area, using the following criteria:
1. Number of delivery share entitlements that could be terminated. Properties were prioritised from largest to smallest number of delivery share entitlements associated with the property. This criterion ensured the desired land use change away from irrigation, the most vulnerable land use in the area, was targeted.
2. Position within the high flood risk areas. Properties were prioritised from the bottom of the flood plain system to the upper boundary of the high flood risk area. Within the high risk areas, risk decreases up the flood plain due to better access. This criterion ensured that within the constraints of the overall budget, the most vulnerable and least accessible properties were given priority.
3. Value for money In the event of the two previous criteria being equally met, a relative value for money criterion was included. For example, the incentives to an existing land-holder to change land use would be more cost effective than a property buyback offer.
Water: voluntary buyback scheme — Benjeroop
8168. MR LENDERS — To ask the Minister for Higher Education and Skills (for the Minister for Water): Does the minister personally approve, or has the minister previously approved, each and every purchase offer offered through the Benjeroop voluntary buyback scheme.
ANSWER:
I am informed that:
No, I do not approve the purchase offers made under the Lower Loddon Irrigators Recovery Package. All offers to purchase land in the Benjeroop area have, and will continue, to be made by the Rural Finance Corporation.
The Rural Finance Corporation was appointed on behalf of the Department of Sustainability and Environment, to deliver the land acquisition and resale program.
I appointed the regional task force to guide implementation of the Lower Loddon Irrigator Recovery Package. The Taskforce have defined the boundaries of the high-risk areas and priorities for buyback offers within these areas.
All buyback or land use change offers made by the Rural Finance Corporation are based on the priorities established by this task force and in accordance with land-holders’ rights to privacy, every effort has been made to ensure the detail of each offer is confidential. The Rural Finance Corporation makes the decisions.
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2013
Employment and industrial relations: General Mills Australia — East Bendigo factory
8181. MS BROAD — To ask the Minister for Employment and Industrial Relations: On what date did the Department of Business and Innovation first become aware that General Mills Australia was planning to close its East Bendigo factory and move its operations to Mount Waverley.
ANSWER:
The Victorian government first became aware on 24 November 2011.
Police and emergency services: police — Ballarat office accommodation
8216. MS PULFORD — To ask the Minister for Employment and Industrial Relations (for the Minister for Police and Emergency Services): Has any review of office accommodation required by Victoria Police in Ballarat been undertaken; if so, did the review find that office accommodation infrastructure was required.
ANSWER:
I am advised that:
In the 2011–12 state budget, the coalition government allocated $30 million for new and upgraded police stations. Infrastructure upgrades to police stations are a crucial component of the government’s commitment to deliver 1700 extra front-line police members by November 2014.
Victoria Police is currently undertaking a review of office accommodation in Ballarat.
Police and emergency services: police — Ballarat vehicles
8217. MS PULFORD — To ask the Minister for Employment and Industrial Relations (for the Minister for Police and Emergency Services): What was the number of marked police cars available for use by Victoria Police members in the Ballarat police service area as at —
(a) 4 December 2010; (b) 30 June 2011; and (c) 30 November 2011.
ANSWER:
I am advised that:
(a) 20.
(b) 20.
(c) 22.
Attorney-General: security incidents — Ballarat court complex
8228. MS PULFORD — To ask the Minister for Employment and Industrial Relations (for the Attorney-General): In relation to sittings of the County Court in Ballarat, what was the number of recorded security incidents at the Ballarat court complex in the years —
(a) 2007–08; (b) 2008–09;
QUESTIONS ON NOTICE
2014 COUNCIL Wednesday, 28 March 2012
(c) 2009–10; and (d) 2010–11.
ANSWER:
I am advised that:
Recorded security incidents at the Ballarat court complex are as follows:
(1) 2007–08: 10 incidents.
(2) 2008–09: 8 incidents.
(3) 2009–10: 24 incidents.
(4) 2010–11: 24 incidents.
Higher education and skills: TAFE funding
8230. MS PENNICUIK — To ask the Minister for Higher Education and Skills: As a result of the changes to VET fees and funding of TAFE and private providers outlined on page 3 of the document ‘Skills Victoria, Changes to VET fee and funding arrangements for 2012’:
(1) What is the reduction in funding at each of the following institutions: Box Hill, Chisholm, Holmesglen, Kangan Batman, NMIT, RMIT, Swinburne University and Victoria University. (2) What is the total reduction to TAFE institutions over four years a result of these reductions. (3) How many teachers on contract have not had their contracts renewed at each of the following institutions: Box Hill, Chisholm, Holmesglen, Kangan Batman, NMIT, RMIT, Swinburne University and Victoria University. (4) How many voluntary and/or forced redundancies have or will occur at each of the following institutions: Box Hill, Chisholm, Holmesglen, Kangan Batman, NMIT, RMIT, Swinburne University and Victoria University. (5) How many jobs have been lost across the TAFE system this year. (6) How many courses have been discontinued this year at each of the following institutions: Box Hill, Chisholm, Holmesglen, Kangan Batman, NMIT, RMIT, Swinburne University and Victoria University. (7) What is the purpose of the Community Service Fund which will be set up as a result of these reductions.
ANSWER:
I am informed as follows:
(1) In October last year I announced a changes to funding rates at which training delivery would be paid to contracted registered training organisations. The impact of that change on the total income of individual institutes cannot be calculated until total training delivery provided by those institutes is known. Given the ability under the Victorian training guarantee (VTG) for all contracted providers to attract additional new enrolments, there may be an increase in the value of training delivery funding.
(2) As indicated above, it is not possible to calculate the impact on funding levels at this time.
(3) As employers in their own right, the councils of universities with TAFE divisions and the boards of the stand-alone TAFE institutes are responsible for all employment matters, including decisions concerning the effective and efficient management of their workforce. In the normal course of operations it can be expected that with changes in student enrolment patterns that some contracted teachers will not have their contracts renewed, while additional teachers in other disciplines will be engaged. As this is part of the normal course of
QUESTIONS ON NOTICE
Wednesday, 28 March 2012 COUNCIL 2015
the institutes’ operational efficiency, the government does not require the institutes to provide these statistics as part of their annual reporting cycle.
(4) As noted above, all staff at TAFE institutes and universities are employees of those organisations. There is no requirement on the institutes or the universities to report data on redundancies to government as and when they occur.
(5) See answer to (4).
(6) In the normal pattern of operations within TAFE institutes, courses and subjects are added and discontinued in response to a large number of factors, including registration requirements, student enrolment and development of areas of specialisation. The establishment of the range of courses that an institute offers is part of the normal governance of the institutes and as such is the responsibility of the boards of the TAFE institutes and council of universities.
(7) The Community Services Fund (CSF) has been established to support services provided to the community by TAFE and adult community education providers which promote access and learning outcomes, particularly for disadvantaged groups, and in thin markets.
Higher education and skills: vocational education and training — private providers
8231. MS PENNICUIK — To ask the Minister for Higher Education and Skills: In relation to the government’s removal of minimum and maximum caps on course fees that can be charged by private providers:
(1) Is the government monitoring the course fees charged by private providers for government-funded places. (2) Who is overseeing the quality of VET courses provided by private providers.
ANSWER:
I am informed as follows:
(1) Providers contracted by the Victorian government are required to provide to government indicative student tuition fees for all courses, and publish indicative student tuition fees for all government-subsidised training delivery.
Minimum and maximum fee caps do not apply for new enrolments in 2012. However, service agreements between the Victorian government and registered training providers make it clear that contracted providers are not permitted to charge more than the hourly tuition fee specified by the Victorian government.
As part of the government’s contract compliance audit program, providers contracted to deliver government subsidised are audited to verify compliance with these requirements.
(2) The Victorian Registration and Qualifications Authority (VRQA) and the commonwealth regulator, the Australian Skills Quality Agency (ASQA), regulate courses and training providers to ensure nationally approved quality standards are met.
The Victorian government has strengthened entry requirements for providers seeking a contract to deliver government-subsidised training in 2012 to include extended financial viability assessments of prospective providers.
QUESTIONS ON NOTICE
2016 COUNCIL Wednesday, 28 March 2012
Public transport: rail — Williams Landing station
8236. MS HARTLAND — To ask the Minister for Planning (for the Minister for Public Transport): In relation to public transport in Point Cook and Williams Landing:
(1) When will construction of Williams Landing train station be completed. (2) What is the catchment area for Williams Landing station. (3) What bus timetable changes and new bus routes are planned to complement the opening of Williams Landing train station. (4) When will new bus timetables and new bus routes connecting with Williams Landing trains be released and implemented. (5) What plans has the government made to service the southern part of Point Cook and the new and proposed residential developments in Werribee South, with public transport. (6) Has any land in Point Cook and Werribee South been reserved for the development of light or heavy rail.
ANSWER:
I am informed that, as at the date the question was raised:
The construction of Williams Landing railway station is scheduled to be completed by the end of 2012. This station will service people in the areas of Williams Landing and Point Cook. The Department of Transport will review bus services in these areas at the same time as timetable changes are considered to run trains to and from the new railway station. The Department of Transport has not reserved any land in Point Cook or Werribee South for the development of light or heavy rail.
MEMBERS INDEX
COUNCIL i
MEMBERS INDEX Statements on reports and papers Protecting Victoria’s Vulnerable Children Inquiry: report, 1755 BARBER, Mr (Northern Metropolitan) CROZIER, Ms (Southern Metropolitan) Bills Port Bellarine Tourist Resort (Repeal) Bill 2012, 1777, 1783 Bills Transport (Compliance and Miscellaneous) Amendment (Fares) Drugs, Poisons and Controlled Substances Amendment (Supply by Bill 2012, 1727 Midwives) Bill 2012, 1806 Water Amendment (Governance and Other Reforms) Bill 2012, Wills Amendment (International Wills) Bill 2011, 1672 1786, 1793, 1801, 1803 Legal and Social Issues References Committee Dorothy Dix questions: election commitment, 1701 Organ donation in Victoria, 1769 Members statements Members statements Niddrie electorate: by-election, 1654 Greek Independence Day, 1691 Points of order, 1740, 1795 Production of documents, 1748 Production of documents, 1747 Questions without notice Questions without notice Skills training: federal funding, 1649 Hazardous waste: management, 1643, 1645, 1717, 1718 DALLA-RIVA, Hon. R. A. (Eastern Metropolitan) (Minister for Employment and Industrial Relations and Minister for BROAD, Ms (Northern Victoria) Manufacturing, Exports and Trade)
Adjournment Questions without notice Responses, 1763 Answers, 1719 Wallan Secondary College: funding, 1761 Automotive industry: government support, 1643 Members statements Employment: construction industry, 1715, 1716 Exports: government initiatives, 1716 Ouyen P–12 College: building program, 1689 GM Holden: government assistance, 1710, 1711, 1787 Points of order, 1714, 1716, 1789 Industrial relations: minimum wage, 1714 Wind farms: government policy, 1713 Statements on reports and papers Budget sector: midyear financial report 2011–12, 1750 DARVENIZA, Ms (Northern Victoria)
COOTE, Mrs (Southern Metropolitan) Adjournment Victorian volunteer small grants program: closure, 1683 Adjournment Melbourne City Council: elm trees, 1684 Members statements Mentone: beach renourishment, 1761 Gaye Tripodi and Yvonne Jennings, 1656
Bills Drugs, Poisons and Controlled Substances Amendment (Supply by DAVIS, Hon. D. M. (Southern Metropolitan) (Minister for Health Midwives) Bill 2012, 1809 and Minister for Ageing) Wills Amendment (International Wills) Bill 2011, 1674 Adjournment Members statements Barwon Valley School: recreation facilities, 1762 Yooralla: RIDE program, 1692 Department of Primary Industries: pig health and research unit, 1762 Questions without notice Mentone: beach renourishment, 1763 Exports: government initiatives, 1716 Project Respect: funding, 1763 Richmond: urban renewal project, 1787 Responses, 1764 Sunbury: tertiary education facilities, 1762
MEMBERS INDEX ii COUNCIL
Victoria University: boatbuilding course, 1762 EIDEH, Mr (Western Metropolitan) Wallan Secondary College: funding, 1763 Weather forecasting: Wimmera Southern Mallee region, 1763 Bills Legal Profession and Public Notaries Amendment Bill 2012, 1664 Community Visitors Report 2010–11, 1687 Members statements James ‘Jim’ Stynes, OAM, 1656 Legal and Social Issues References Committee Organ donation in Victoria, 1770 Rulings, 1740
Points of order, 1646, 1714, 1720, 1789 Statements on reports and papers Budget sector: midyear financial report 2011–12, 1754 Questions on notice Answers, 1719 ELASMAR, Mr (Northern Metropolitan) Questions without notice Bendigo hospital: future, 1650 Bills Carbon tax Drugs, Poisons and Controlled Substances Amendment (Supply by Ambulance Victoria, 1645 Midwives) Bill 2012, 1808 health sector, 1713 Wills Amendment (International Wills) Bill 2011, 1672 hospitals, 1788 Legal and Social Issues References Committee Mildura Base Hospital: future, 1647 Organ donation in Victoria, 1769 Nurses: enterprise bargaining, 1642, 1643 Victorian cancer plan: funding, 1648, 1649 Members statements Assisi Centre Aged Care: refurbishment, 1774 Review of Climate Change Act 2010 Greek Independence Day, 1653 Government response, 1651 International Women’s Day, 1774 WorkSafe Victoria: premiums, 1747 Shrine of Remembrance: parliamentary visit, 1653
Statements on reports and papers DAVIS, Mr P. (Eastern Victoria) Auditor-General: Compliance with Building Permits, 1748
Members statements ELSBURY, Mr (Western Metropolitan) James ‘Jim’ Stynes, OAM, 1656
Questions without notice Adjournment Aviation industry: AIR 5428 project, 1718 Werribee employment precinct: development, 1837
WorkSafe Victoria: premiums, 1742 Members statements Anzac Day: centenary, 1656 Carbon tax: economic impact, 1656 DRUM, Mr (Northern Victoria) Senator Bob Brown: comments, 1775
Bills Questions without notice Water Amendment (Governance and Other Reforms) Bill 2012, Sunshine: Hampshire Square development, 1715 1799
Dorothy Dix questions: election commitment, 1703 FINN, Mr (Western Metropolitan)
Points of order, 1711 Adjournment
Questions without notice Maltese Association Hobsons Bay: funding, 1683 Carbon tax: health sector, 1713 Dorothy Dix questions: election commitment, 1706, 1720
Members statements Australian Football League: season start, 1774 Queensland: election result, 1773
MEMBERS INDEX
COUNCIL iii
Questions without notice Wills Amendment (International Wills) Bill 2011, 1678
Carbon tax: hospitals, 1788 Joint sitting of Parliament Statements on reports and papers Victorian Responsible Gambling Foundation, 1678
Budget sector: midyear financial report 2011–12, 1757 Questions without notice Higher education: TAFE funding, 1790 GUY, Hon. M. J. (Northern Metropolitan) (Minister for Planning) Learn Local: funding, 1790 Skills training: federal funding, 1649 Bills Port Bellarine Tourist Resort (Repeal) Bill 2012, 1781, 1782, 1783 HARTLAND, Ms (Western Metropolitan) Questions without notice Adjournment Answers, 1719 Hazardous waste: management, 1644, 1645, 1717, 1718 Regional Rail Link Authority: West Footscray footbridges, 1682 Richmond: urban renewal project, 1787 Bills Sunshine: Hampshire Square development, 1715 Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012, 1805
HALL, Hon. P. R. (Eastern Victoria) (Minister for Higher Greater Dandenong planning scheme: amendment, 1727, 1739 Education and Skills and Minister responsible for the Teaching Profession) Legal and Social Issues References Committee
Adjournment Organ donation in Victoria, 1768 Blackburn–Eley roads, Burwood East: pedestrian safety, 1838 Members statements Building Commission: consumer protection, 1838 Health sector: enterprise bargaining, 1689 City of Kingston: waste management, 1838 Farming: safety initiatives, 1838 GM Holden: government assistance, 1838 JENNINGS, Mr (South Eastern Metropolitan) Hampton Park: community renewal project, 1685 Bills High Street Road, Wantirna: upgrade, 1685 Maltese Association Hobsons Bay: funding, 1685 Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012, 1803 Melbourne City Council: elm trees, 1685 Planning: Freshwater Place, 1685 Legal and Social Issues References Committee Police: Ballarat, 1838 Organ donation in Victoria, 1770 Port Phillip Bay: shipping safety, 1838 Questions without notice Regional Rail Link Authority: West Footscray footbridges, 1685 Sea View House, Portland: future, 1838 Bendigo hospital: future, 1650 Sunbury: closed-circuit television cameras, 1838 Mildura Base Hospital: future, 1647 Toolangi Forest Education Centre: funding, 1838 Nurses: enterprise bargaining, 1641, 1642 Trafalgar: abattoir closure, 1684 Victorian cancer plan: funding, 1648, 1649 Victorian volunteer small grants program: closure, 1685 Statements on reports and papers Werribee employment precinct: development, 1838 Climate change and greenhouse gas emissions in Victoria: report, Wind farms: government initiatives, 1684 1751 Youth: body image, 1838
Bills KOCH, Mr (Western Victoria) Accident Compensation Amendment (Repayments and Dividends) Bill 2012, 1825 Business of the house Associations Incorporation Reform Bill 2011, 1817, 1822, 1823 Statements on reports and papers, 1687 Disability Amendment Bill 2012, 1815, 1816 Port Bellarine Tourist Resort (Repeal) Bill 2012, 1679 Members statements Victorian Inspectorate Amendment Bill 2012, 1826, 1830 Anglesea: men’s shed, 1655 Water Amendment (Governance and Other Reforms) Bill 2012, 1800, 1801, 1802, 1803
MEMBERS INDEX iv COUNCIL
Questions without notice WorkSafe Victoria: dividends, 1791
Automotive industry: government support, 1643 Standing committees Membership, 1771 KRONBERG, Mrs (Eastern Metropolitan) WorkSafe Victoria: premiums, 1740 Bills
Water Amendment (Governance and Other Reforms) Bill 2012, LOVELL, Hon. W. A. (Northern Victoria) (Minister for Housing 1797 and Minister for Children and Early Childhood Development) Members statements Aboriginal Affairs Taskforce Queensland: election result, 1774 Indigenous affairs report 2010–11, 1767 Questions without notice Members statements Housing: former government performance, 1711 Gowrie Street Primary School: student leaders, 1771 Statements on reports and papers Questions without notice Auditor-General: Melbourne Markets Redevelopment, 1750 Children: developmental dysplasia, 1792 Housing LEANE, Mr (Eastern Metropolitan) former government performance, 1712 work and learning centres, 1648 Adjournment Maternal and child health: government support, 1788 Blackburn–Eley roads, Burwood East: pedestrian safety, 1838 High Street Road, Wantirna: upgrade, 1681 MIKAKOS, Ms (Northern Metropolitan) Business of the house Adjournment Statements on reports and papers, 1687 Project Respect: funding, 1760 Dorothy Dix questions: election commitment, 1702 Youth: body image, 1837
Points of order, 1722, 1789 Bills Wills Amendment (International Wills) Bill 2011, 1666 Production of documents, 1748 Legal and Social Issues References Committee Organ donation in Victoria, 1768 LENDERS, Mr (Southern Metropolitan) Members statements Adjournment Cleaners: United Voice Clean Start campaign, 1774 Department of Primary Industries: pig health and research unit, James ‘Jim’ Stynes, OAM, 1654 1758 National Playgroup Week, 1692 Responses, 1764 WorkSafe Victoria: dividends, 1774 Toolangi Forest Education Centre: funding, 1832 Trafalgar: abattoir closure, 1680 Questions without notice
Bills Industrial relations: minimum wage, 1714 Maternal and child health: government support, 1788 Water Amendment (Governance and Other Reforms) Bill 2012, 1784, 1801, 1802 Statements on reports and papers Business of the house Budget update: report 2011–12, 1753 General business, 1652
Dorothy Dix questions: election commitment, 1693, 1726 O’BRIEN, Mr (Western Victoria)
Points of order, 1646, 1740, 1795 Adjournment Farming: safety initiatives, 1833 Questions without notice Bills Budget: announcements, 1792 Higher education: TAFE funding, 1790 Legal Profession and Public Notaries Amendment Bill 2012, 1661
MEMBERS INDEX
COUNCIL v
Port Bellarine Tourist Resort (Repeal) Bill 2012, 1779 Bills Wills Amendment (International Wills) Bill 2011, 1669 Legal Profession and Public Notaries Amendment Bill 2012, 1657 Greater Dandenong planning scheme: amendment, 1737 Wills Amendment (International Wills) Bill 2011, 1673 Dorothy Dix questions: election commitment, 1723 Legal and Social Issues References Committee Organ donation in Victoria, 1769 Members statements
Members statements Racing: regional track safety, 1655 Epilepsy: Purple Day, 1692 Points of order, 1645, 1646, 1719, 1721, 1724, 1789
Questions without notice Questions without notice Information and communications technology: government Answers, 1719 initiatives, 1651 GM Holden: government assistance, 1787
O’DONOHUE, Mr (Eastern Victoria) PENNICUIK, Ms (Southern Metropolitan) Legal and Social Issues References Committee Adjournment Organ donation in Victoria, 1768 Port Phillip Bay: shipping safety, 1833 Members statements Bills Shire of Yarra Ranges: cabinet meeting, 1691 Legal Profession and Public Notaries Amendment Bill 2012, 1658 Questions without notice Wills Amendment (International Wills) Bill 2011, 1668, 1678
Carbon tax: Ambulance Victoria, 1645 Business of the house Scrutiny of Acts and Regulations Committee Statements on reports and papers, 1687
Alert Digest No. 5, 1651 Law Reform Committee Statute Law Repeals Bill 2012, 1651 Access by donor-conceived people to information about donors, Statute Law Revision Bill 2012, 1651 1688
Members statements ONDARCHIE, Mr (Northern Metropolitan) Elwood: flood mitigation, 1773
Bills WorkSafe Victoria: premiums, 1743 Drugs, Poisons and Controlled Substances Amendment (Supply by Midwives) Bill 2012, 1812 Legal Profession and Public Notaries Amendment Bill 2012, 1665 PETROVICH, Mrs (Northern Victoria) Wills Amendment (International Wills) Bill 2011, 1677 Adjournment Members statements Sunbury Shri Swaminarayan Mandir, Mill Park: consecration, 1690 closed-circuit television cameras, 1834 Points of order, 1697 tertiary education facilities, 1759 Wind farms: government initiatives, 1681 Questions without notice Bills Housing: work and learning centres, 1648 Drugs, Poisons and Controlled Substances Amendment (Supply by Statements on reports and papers Midwives) Bill 2012, 1808 Water Amendment (Governance and Other Reforms) Bill 2012, Auditor-General: Melbourne Markets Redevelopment, 1752 1795
Law Reform Committee PAKULA, Hon. M. P. (Western Metropolitan) Access by donor-conceived people to information about donors, 1687, 1688 Adjournment Victoria University: boatbuilding course, 1759 Legal and Social Issues References Committee Organ donation in Victoria, 1770
MEMBERS INDEX vi COUNCIL
Members statements Stuart Lloyd, 1691
Goulburn River High Country Rail Trail: horseriders, 1690 WorkSafe Victoria: premiums, 1745 Points of order, 1795
Questions without notice RAMSAY, Mr (Western Victoria)
Learn Local: funding, 1790 Adjournment Statements on reports and papers Police: Ballarat, 1835
Review of Climate Change Act 2010: report, 1749 Bills Water Amendment (Governance and Other Reforms) Bill 2012, PEULICH, Mrs (South Eastern Metropolitan) 1785 Members statements Adjournment Communications towers: Western Victoria Region constituent, City of Kingston: waste management, 1836 1653 Hampton Park: community renewal project, 1681 Questions without notice Dorothy Dix questions: election commitment, 1698 Children: developmental dysplasia, 1792 Greater Dandenong planning scheme: amendment, 1731
Members statements RICH-PHILLIPS, Hon. G. K. (South Eastern Metropolitan) (Assistant Treasurer, Minister for Technology and Minister City of Casey: community events, 1772 responsible for the Aviation Industry) James ‘Jim’ Stynes, OAM, 1654 Pope Shenouda III, 1654 Questions without notice Aviation industry Points of order, 1724, 1740 AIR 5428 project, 1718 Questions without notice training services, 1791 Budget: announcements, 1792 Aviation industry: training services, 1791 Information and communications technology: government Statements on reports and papers initiatives, 1651 Auditor-General: Public Transport Performance, 1753 WorkSafe Victoria: dividends, 1791
PRESIDENT, The (Hon. B. N. Atkinson) SCHEFFER, Mr (Eastern Victoria)
James ‘Jim’ Stynes, OAM, 1641 Bills Water Amendment (Governance and Other Reforms) Bill 2012, Rulings, 1646, 1652, 1710, 1711, 1714, 1715, 1716, 1719, 1720, 1796 1789, 1791, 1795 Law Reform Committee Rulings by the Chair Access by donor-conceived people to information about donors, Auditor-General: information leak, 1687 1689
Suspension of members Members statements Hon. M. P. Pakula, 1713 Rail: Cardinia Road station, 1690 Statements on reports and papers PULFORD, Ms (Western Victoria) Review of Climate Change Act 2010: government response, 1756
Adjournment SOMYUREK, Mr (South Eastern Metropolitan) Weather forecasting: Wimmera Southern Mallee region, 1761
Members statements Adjournment Link Up: young parent support program, 1773 GM Holden: government assistance, 1834 National Ride2School Day, 1773
MEMBERS INDEX
COUNCIL vii
Members statements Points of order, 1652 Manufacturing: job losses, 1771 Rulings, 1721, 1722, 1725 Points of order, 1710
Questions without notice GM Holden: government assistance, 1710, 1711
TARLAMIS, Mr (South Eastern Metropolitan)
Members statements Springvale Benevolent Society 50th anniversary, 1772 Wes Eggleston community service award, 1772
Rulings, 1697
TEE, Mr (Eastern Metropolitan)
Adjournment Building Commission: consumer protection, 1836 Planning: Freshwater Place, 1682
Bills Port Bellarine Tourist Resort (Repeal) Bill 2012, 1775, 1781, 1782, 1783
Greater Dandenong planning scheme: amendment, 1735
Points of order, 1715
Questions without notice Answers, 1719 Employment: construction industry, 1715, 1716 Wind farms: government policy, 1713
TIERNEY, Ms (Western Victoria)
Adjournment Barwon Valley School: recreation facilities, 1759 Sea View House, Portland: future, 1834
Environment and Planning References Committee Reporting date, 1771
Members statements Helen Davis, 1775 Mental health: advice line, 1655
VINEY, Mr (Eastern Victoria) (The Deputy President)
Legal and Social Issues References Committee Organ donation in Victoria, 1767