PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Wednesday, 31 August 2011 (Extract from book 12)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AO, 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 Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulus and Mr Walsh.
Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.
Joint committees
Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulus, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 2 Elected 19 February 2011
CONTENTS
WEDNESDAY, 31 AUGUST 2011 SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011 BUSINESS OF THE HOUSE Second reading ...... 2919, 2931 Notices of motion: removal...... 2887 QUESTIONS WITHOUT NOTICE PETITIONS Road safety: government performance ...... 2923 Electricity: smart meters...... 2887 Council of Australian Governments: meeting...... 2924 Western Region Health Centre: dental service Planning: green wedge logical inclusions ...... 2925 funding...... 2887 Industrial relations: union activity...... 2926 Bass Highway–Hade Avenue, Bass: safety ...... 2887 Member for Frankston: conduct...... 2927, 2928, 2930 Schools: Coburg...... 2887 North–south pipeline: protester surveillance...... 2927 Bacchus Marsh: Avenue of Honour ...... 2888 Ombudsman: elected representative conduct ...... 2928 Buses: Kinglake service ...... 2888 Road safety: traffic cameras...... 2930 Whittlesea-Yea Road: safety ...... 2888 ROAD SAFETY CAMERA COMMISSIONER BILL Planning: Attwood green wedge...... 2888 2011 Second reading ...... 2938 DOCUMENTS ...... 2889 HEALTH PRACTITIONER REGULATION NATIONAL MEMBERS STATEMENTS LAW (VICTORIA) AMENDMENT BILL 2011 Wantirna College: principal for a day ...... 2889 Second reading ...... 2952 Victorian certificate of applied learning: TRANSPORT LEGISLATION AMENDMENT (PUBLIC funding...... 2889, 2892 TRANSPORT SAFETY) BILL 2011 Australian World Orchestra ...... 2889 Second reading ...... 2962, 2987 Australian Ballet: program...... 2889 Children: Take a Break program ...... 2890, 2891 DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF Elisa Sharp ...... 2890 DISPLAY AND SALE OF CANNABIS WATER Planning: Ivanhoe structure plan...... 2890 PIPES) BILL 2011 Major events: government initiatives ...... 2891 Statement of compatibility ...... 2974 Buses: Kinglake service ...... 2891 Second reading ...... 2974 Wimmera: branding campaign...... 2891 ELECTRONIC TRANSACTIONS (VICTORIA) Science Week...... 2892 AMENDMENT BILL 2011 Science: Bio 21 specialist school...... 2892 Statement of compatibility ...... 2976 Planetarium: ministerial visit ...... 2892 Second reading ...... 2976 Rosebud: aquatic centre...... 2892 EXTRACTIVE INDUSTRIES (LYSTERFIELD) Todd Blake...... 2893 AMENDMENT BILL 2011 Cycling: Scody Cup...... 2893 Statement of compatibility ...... 2978 Wangaratta: men’s shed ...... 2893 Second reading ...... 2978 Daffodil Day...... 2893 Max Bussell ...... 2893 GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011 Planning: St Kilda development ...... 2893 Statement of compatibility ...... 2980 Sandringham electorate: lifesaving clubs ...... 2894 Second reading ...... 2985 Pat Mutimer...... 2894 International students: achievements ...... 2894 ADJOURNMENT Timber industry: protests...... 2894 Victorian certificate of applied learning: Wind farms: government policy...... 2895 funding ...... 2993 National Tree Day...... 2895 Seville Community House: funding...... 2993 Mordialloc Life Saving Club: committee...... 2895 Community sector: wages...... 2994 Teachers: laptop computers...... 2895 Water: Sunraysia modernisation project ...... 2994 Bellbrae Primary School: 150th anniversary ...... 2896 Housing: Narre Warren North electorate Cadel Evans...... 2896 constituent...... 2995 Sunbury: 175th anniversary...... 2896 Small business: environmental initiatives ...... 2995 Sunbury fire brigade: centenary...... 2896 Ballarat Regional Multicultural Council: GRIEVANCES funding ...... 2996 Wangaratta Festival of Jazz and Blues: funding ..... 2996 Former government: performance ...... 2896, 2901, 2911 Planning: city of Wyndham ...... 2997 Road safety: government performance...... 2899 Edithvale Primary School: pedestrian crossing ...... 2998 Government: performance...... 2904, 2909 Responses...... 2998 Former government: contaminated site ...... 2906 Liberal Party: political activity...... 2913 STATEMENTS ON REPORTS Public Accounts and Estimates Committee: budget estimates 2011–12 (part 1)...2916, 2917, 2918
BUSINESS OF THE HOUSE
Wednesday, 31 August 2011 ASSEMBLY 2887
Wednesday, 31 August 2011 10 000 children and adults from sites at Geelong Road and Paisley Street, Footscray;
The SPEAKER (Hon. Ken Smith) took the chair at 2. these services are the major dental facility for some of 9.33 a.m. and read the prayer. the most disadvantaged residents of the west, who have poor oral health compared to the state average and are otherwise unable to access dental care; BUSINESS OF THE HOUSE 3. we are disappointed with the lack of commitment in the Victorian state budget 2011–12 to redevelop these Notices of motion: removal ageing facilities in line with the recommendations of several reports; and The SPEAKER — Order! Notices of motion 1 to 11 will be removed from the notice paper unless 4. we are concerned that these vital services now face a members wishing their notices to remain advise the critical threat of closure. Clerk in writing before 6.00 p.m. today. The petitioners therefore request that the Legislative Assembly of Victoria: PETITIONS 1. take all necessary steps to ensure the safety, quality and future viability of the services, including a commitment to the provision of urgently needed capital upgrades for Following petitions presented to house: a new facility.
Electricity: smart meters By Ms THOMSON (Footscray) (2262 signatures). To the Legislative Assembly of Victoria: Bass Highway–Hade Avenue, Bass: safety The petition of the residents of Victoria draws to the attention of the house the infringement on our right to live freely and To the Legislative Assembly: securely and to choose what we are subjected to in our homes and businesses by the continued compulsory installation of Petition to the Honourable Ken Smith, Speaker of the smart meters (AMI) without an ‘opt-out’ provision for Legislative Assembly and member for the electorate of Bass: customers or full disclosure of future costs and possible health and environmental risks that smart meters may impose. As a local resident of Bass Coast, Bass or a visitor to Bass Coast, I am appalled by the dangerous state of the intersection The petitioners therefore request that the Legislative of the Bass Highway and Hade Avenue at the entrance to the Assembly of Victoria immediately: township of Bass.
1. issue a halt to the mandated installation of smart meters The intersection is unsafe and represents an unacceptable risk (AMI); to members of the local community, road users and visitors to the community. To avoid further tragedies we demand that 2. direct all power companies to offer a permanent the Victorian government fulfil its responsibilities and ‘opt-out’ for all customers; complete the intersection in 2011 before the peak period summer traffic. 3. require letters to be sent to all customers informing them that radiofrequency radiation (RF) is classified by the By Mr HODGETT (Kilsyth) (540 signatures). World Health Organisation as a 2B carcinogen, and smart meters emit RF; Schools: Coburg
4. make provisions to customers who have had smart To the Legislative Assembly of Victoria: meters installed and would like them removed, to reinstall dial or non-wireless interval meters at the option The petition of the residents of Coburg and surrounding of the customer and at no cost. suburbs in Victoria draws to the attention of the house the need to provide a high school in Coburg to cater for all By Ms EDWARDS (Bendigo West) secondary students including year 7 to year 9. (934 signatures) and The petitioners therefore request that the Legislative Mr HODGETT (Kilsyth) (438 signatures). Assembly of Victoria: Western Region Health Centre: dental service acknowledge the findings of the August 2010 spatial funding vision report for the Department of Education and Early Childhood Development, Secondary School Provision Plan for the Coburg Schools Network — Demographic To the Legislative Assembly of Victoria: Analyses, which determined that the projected This petition of residents of Victoria draws to the attention of population data supported the need to provide places for the house that: year 7 to year 9 students residing in and around Coburg and the urgent need to commence the process for a 1. the Western Regional Health Centre provides annual year 7 intake; emergency and general dental care to over
PETITIONS
2888 ASSEMBLY Wednesday, 31 August 2011
call on the government to honour the previous Minister people who need to commute for work or study for Education’s commitment to the residents of Coburg purposes; and surrounding suburbs to establish a Coburg education implementation task force (CEIT) to examine all options 3. the cancellation is causing great distress to local to meet Coburg’s education needs; residents, who use this bus service to access employment, shopping, health and educational services; call on the government to honour the previous Minister for Education’s commitment to the residents of Coburg 4. the cancellation of this service shows a callous disregard and surrounding suburbs to comprise the CEIT of for bushfire survivors, many who are still doing it tough representatives from local school principals and financially including some who are still yet to complete councillors, Moreland council, senior representation the rebuilding of their homes. from the Department of Education and Early Childhood Development, local members of Parliament and The petitioners therefore request that the Legislative members of the broader community; and Assembly of Victoria urge the Baillieu government to work with the Kinglake community to reinstate this important call on the government to immediately announce the service. date of the first meeting of the CEIT committee, the time frame for nominations to the committee and the date the By Ms GREEN (Yan Yean) (240 signatures). committee will report their recommendations. Whittlesea-Yea Road: safety By Ms CAMPBELL (Pascoe Vale) (100 signatures). To the Legislative Assembly of Victoria: Bacchus Marsh: Avenue of Honour The petition of certain citizens of the state of Victoria calls on To the Legislative Assembly of Victoria: the state government to improve the safety conditions on the Whittlesea-Yea Road. The petition of residents of Victoria and elsewhere draws to the attention of the house that the famous Bacchus Marsh In particular we note: Avenue of Honour, commemorating soldiers from the district who served and died in World War 1, being registered on the 1. that this petition is in tribute and loving memory of Jake Victorian heritage register as having historical, cultural, Fenech, who died on 30 April 2011 after running off the scientific and aesthetic significance to the state of Victoria, is Whittlesea-Yea Road between Kinglake and Whittlesea; in the opinion of the executive director of Heritage Victoria, in the opinion of the National Trust of Australia (Victoria) 2. it is also for the three young lives that have been lost on and in the opinion of the undersigned in danger of having its the same stretch of road in the months that have heritage significance substantially and permanently adversely followed Jake’s death and the many additional fatalities affected by the plans of VicRoads to create a new and injuries that have occurred over the years on heavy-vehicle arterial road through the avenue at the Whittlesea-Yea Road; intersection of Woolpack Road, with the removal of magnificent 90-year-old elm trees planted by the families of 3. a reduction in the speed limit would be a necessary first soldiers who were killed in action in France, and the intrusion step; however, it will not eliminate vehicles running off of a roundabout and associated roadworks, signs and lights. the road on the dangerous curves that wind their way up and down the mountain from Whittlesea to Kinglake. The petitioners therefore request that the Legislative Assembly of Victoria pass a motion condemning the The petitioners therefore request the Legislative Assembly of proposed road works. Victoria urges the state government to address this situation and immediately take action to prevent more loss of life and By Mr KATOS (South Barwon) (970 signatures). heartache. This includes sensible road barriers being built to dramatically decrease vehicles coming off the road. We insist Buses: Kinglake service that this be addressed with the utmost of urgency as four young people have already lost their lives between April and To the Legislative Assembly of Victoria: July 2011.
The petition of certain citizens of the state of Victoria, calls on By Ms GREEN (Yan Yean) (1374 signatures). the Baillieu government to reinstate the important Whittlesea–Kinglake shuttle bus, which was removed without Planning: Attwood green wedge warning and consultation with commuters. To the Legislative Assembly of Victoria: In particular, we note: This petition of residents draws to the attention of the 1. the shuttle bus was originally funded to enable bushfire Minister for Planning, the Honourable Matthew Guy, the survivors in the Kinglake area to access services in outrageous review which is considering including the Whittlesea, Greensborough and beyond; Attwood farming land in the urban growth boundary.
2. the only bus service remaining for Kinglake residents to This land is currently zoned as farming land and should Whittlesea is the single 562 service at 7.05 a.m. with a remain as farming land. return at 4.47 p.m. meaning that it is almost of no use to
DOCUMENTS
Wednesday, 31 August 2011 ASSEMBLY 2889
The petitioners therefore request that the Legislative Victorian Multicultural Commission — Report 2010–11. Assembly of Victoria through the Minister for Planning immediately withdraw any proposals to include the Attwood farming land as a logical inclusion to the urban growth MEMBERS STATEMENTS boundary. By Ms BEATTIE (Yuroke) (356 signatures). Wantirna College: principal for a day
Tabled. Mrs VICTORIA (Bayswater) — Last week I had the great pleasure of attending Wantirna College, where Ordered that petition presented by honourable they let me be principal for a day. The program fosters member for Pascoe Vale be considered next day on relationships between schools and local community motion of Ms CAMPBELL (Pascoe Vale). leaders so they can see exactly what goes on in our schools. I had great fun conducting a photography class Ordered that petition presented by honourable and talking to the year 7 students about community member for Bendigo West be considered next day service and my somewhat unconventional path to on motion of Ms EDWARDS (Bendigo West). Parliament. The fabulous Wantirna students displayed a genuine thirst for knowledge, which I know stems from Ordered that petitions presented by honourable the enthusiasm of the real principal, Sue Bell, and her member for Yan Yean be considered next day on staff. It was an enlightening and rewarding experience. motion of Ms GREEN (Yan Yean). Victorian certificate of applied learning: Ordered that petitions presented by honourable funding member for Kilsyth be considered next day on motion of Mr HODGETT (Kilsyth). Mrs VICTORIA — The Labor opposition is wrong again. It is inciting fear among Victorian students and Ordered that petition presented by honourable parents with reckless claims relating to the future of member for Footscray be considered next day on VCAL (Victorian certificate of applied learning). The motion of Mr NOONAN (Williamstown). fact is that VCAL program funding has been Ordered that petition presented by honourable maintained in 2012 and will be expanded. The second member for South Barwon be considered next day fact is the state opposition is so irrelevant that it has to on motion of Mr KATOS (South Barwon). create stories just to get heard.
Ordered that petition presented by honourable Australian World Orchestra member for Yuroke be considered next day on Mrs VICTORIA — Once in a long while an event motion of Ms GREEN (Yan Yean). takes place that just leaves the audience breathless. With tingling spines the audience watching the DOCUMENTS Australian World Orchestra (AWO) gave standing ovation after standing ovation. Accolades need to be Tabled by Clerk: shared between the nearly 100 orchestra members who flew in from around the world to make this happen, Auditor-General — Road Safety Camera Program — conductors Simone Young, Brett Dean and Alexander Ordered to be printed Briger, and all those who had a dream several years ago Ombudsman — Report 2010–11 Part 1 — Ordered to be and who had the tenacity and belief to turn that dream printed into a reality. Victorians will be thrilled to hear that we will have the AWO right here in Victoria in 2013, with Statutory Rules under the following Acts: some extraordinary talent already promising to deliver Conservation, Forests and Lands Act 1987 — SR 86 another mind-blowing program. Drugs, Poisons and Controlled Substances Act 1981 — Australian Ballet: program SR 88
Electrical Safety Act 1998 — SR 85 Mrs VICTORIA — Congratulations to David McAllister for delivering a fantastic program for the Tobacco Act 1987 — SR 87 Australian Ballet for 2012. Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 85, 87
MEMBERS STATEMENTS
2890 ASSEMBLY Wednesday, 31 August 2011
Children: Take a Break program officer for a number of years for my former colleague and the then member for Monbulk, Steve McArthur. Mr BROOKS (Bundoora) — This Sunday is Elisa then met Graeme and went on to become a Father’s Day, and dads around Victoria will be looking wonderful, loving wife and mum. forward to getting the obligatory new pair of socks and possibly breakfast in bed from their kids. Fathers play Following the birth of her younger child Elisa kindly an important role in bringing up healthy, happy children accepted an offer to return to my office part time for and the week leading up to Father’s Day is also a great some four years. Elisa was a highly valued and opportunity for schools, preschools and child-care much-loved member and friend of my close-knit staff, a centres to celebrate Father’s Day, with many organising wonderfully kind, gentle and intelligent young woman early morning Father’s Day breakfasts where before who always wanted to help others but asked for little in heading off to work dads come along to the school or return. Even when she became ill Elisa was still there preschool to share some breakfast with their kids and wanting to help others where she could. I remember other dads and take some important time to see where very fondly Elisa, Graeme, Lachlan and Annie joining their children learn and to view their work. my family, friends and staff for a barbecue at our place Unfortunately I am advised that it is likely there will be on grand final day over the past few years. We all had no Father’s Day celebration at Watsonia Occasional such a great time together. Child Care Centre in my electorate next year because it is one of the many initiatives that has had to be cut Now Elisa is in a better place, and it is up to her large because of the shameful funding cuts by government. family of friends and extended family to provide the support to Graeme and the kids. In particular, we all I hope members of the government enjoy Father’s Day must ensure that Lachlan and Annie know what a this year, and in particular I hope they take just a wonderful and kind mum they had and how very much moment to reflect on the impact that their cuts to the she loved them. Take a Break occasional child-care program are having and will continue to have on families like those in my I extend on my own behalf and on behalf of my family, electorate who use the Watsonia Occasional Child Care my staff and Elisa’s many friends our deepest Centre. condolences and sympathy to Graeme, Lachlan and Anastasia, and to her parents, Ron and Larraine, and I want to thank the Leader of the Opposition and the her brothers on their very sad loss. shadow minister for coming out to Watsonia last week to talk to the people who run this centre and for their Planning: Ivanhoe structure plan interest in this matter. I would love the Minister for Children and Early Childhood Development or the Mr CARBINES (Ivanhoe) — I condemn the Premier to come out to Watsonia and have the guts to Banyule City Council’s Ivanhoe structure plan. Our talk to the people who run this great service and to see council has issued a plan that details future commercial the negative impact the Baillieu government’s cuts will and residential development in Ivanhoe, including have on this local community. building heights of up to eight storeys on Upper Heidelberg Road and in surrounding residential areas. I Elisa Sharp have asked Banyule City Council to do the following: scrap the current Ivanhoe structure plan and establish a Mr WELLS (Treasurer) — This statement is made residents committee to work with council on a new in celebration of the life of Elisa Sharp. Sadly, Elisa draft plan, then put this new draft out for public passed away last Saturday at the far too young age of comment. After an outcry from residents, the deadline only 37 after fighting a long and hard battle with for public comment was extended to 5 September. Last cancer. Elisa was the much-loved wife of Graeme and week, along with more than 300 local residents, I mother of two young children, Lachlan, who is seven attended a hastily arranged public meeting where years old, and Annie, who is five. concerns were aired about the poor consultation process and the content of council’s plan. I first met Elisa in 1992, before I entered Parliament, when she was a student. At that time I believed Elisa For over 2 hours last Saturday I went on a was one day destined to become a hardworking and neighbourhood walk through Ivanhoe with dozens and enthusiastic young member of Parliament. In 1993 dozens of residents to hear firsthand accounts of Elisa first commenced working for me as a volunteer people’s anxiety and alarm about overshadowing and and then as an electorate officer whilst still a university loss of amenity under this plan. Meanwhile our student. Elisa later became a highly valued electorate community has set up the Save Ivanhoe group.
MEMBERS STATEMENTS
Wednesday, 31 August 2011 ASSEMBLY 2891
Residents are working hard to complete their wish her well — but not too well! — when she goes to submissions by the council deadline. The Ivanhoe work for the New South Wales government!. structure plan might be appropriate for New York or Hong Kong, but it is not for Ivanhoe. Buses: Kinglake service
Why should residents have to fight to wind back height Ms GREEN (Yan Yean) — I congratulate the limits and overdevelopment in a council plan that thousands of residents of Whittlesea, Humevale, would never have seen the light of day if residents had Kinglake West, Pheasant Creek and Kinglake, who been consulted from the start? Many more local have had their voices heard in support of the return of residents should have been involved in the development the bus service between the Kinglake Ranges and of the draft Ivanhoe structure plan to ensure that the Whittlesea. The shuttle bus service had been cruelly document better reflected the needs and aspirations of ripped out of the Kinglake Ranges without warning and the community. I urge local residents to be vigilant and without care for this bushfire-affected community, to get involved, because the future of Ivanhoe is at which is still doing it tough. For two years people on stake. the mountain had been using the service to travel to work, university and medical appointments; they still An article in today’s Age states: need support following the dreadful events of Black Saturday. Residents of Ivanhoe … have turned unlikely protesters against a council proposal to allow 2 kilometres of office and Some 40 students were affected by the removal of the apartment buildings up to eight storeys high. bus service. I hope that over the two months that they Locals feel that the Banyule City Council’s upscaling have been left bereft on the mountain without transport of dozens of low-rise properties to high-rise properties they have not had to withdraw from their studies or is not acceptable. We will keep fighting. relocate to Melbourne. I am sure their parents will be relieved that this heartless government has finally been Major events: government initiatives dragged kicking and screaming to introduce a trial of a bus service. Let the government be on notice that the Ms ASHER (Minister for Tourism and Major community will be vigilant. The government should not Events) — The coalition government is committed to think it can get away with a pathetic partial supporting the Victorian business events industry. The reintroduction or trial of the service. Members of the industry is worth more than $1.2 billion and generates community will not stay silent, and I will stand up for over 22 000 jobs for the state of Victoria. I am sure the them. house will be interested to know that over the past nine months the coalition government has secured the Children: Take a Break program following conferences: the 23rd World Cancer Congress in 2014, which we hope will attract 2000 Ms GREEN — The removal of a bus service is not delegates; the Amway India incentive event for the only thing the government has done to this Melbourne 2012, a huge event which we hope will bushfire-affected community, which is still struggling attract 4000 delegates; and the World Congress of with inadequate support. The withdrawal of funding for Cardiology 2014, which it is estimated will attract Take a Break child-care services in Panton Hill has had 9000 delegates. a disproportionate impact on bushfire-affected families. The government needs to start listening. The member Today I am pleased to announce a further three wins for for Seymour would see more if she spent some time in Victoria. The inaugural Prostate Cancer World her electorate! Congress will be held in 2013, hopefully bringing 1000 delegates and generating $3 million for the state Wimmera: branding campaign economy. The International Joint Conference on Artificial Intelligence will be held in 2017, bringing Mr DELAHUNTY (Minister for Sport and 1000 delegates to and generating $7 million for the Recreation) — Last week I had the honour of state. The XXVII Congress of the International Society representing the Deputy Premier at the launch of the on Thrombosis and Haemostasis Congress with the new Wimmera brand, ‘The Wimmera — Everything 65th Annual Scientific and Standardisation Committee you need’. The government has provided $70 000 Meeting will be held in 2019. towards two projects: firstly, $40 000 for an innovative branding initiative to promote the Wimmera region and I commend Sandra Chipchase on the work she has done local businesses; and secondly, $30 000 to assist with for this government and the previous government and the Wimmera Southern Mallee regional strategic plan.
MEMBERS STATEMENTS
2892 ASSEMBLY Wednesday, 31 August 2011
The Wimmera branding project will develop students it is the only real form of education that keeps opportunities for investors within and outside the them from giving up on their studies and dropping out Wimmera region and is supported by the Wimmera of school. That is why the VCAL program and the role Development Association, which is the peak economic of VCAL coordinators remain so important to many development organisation in the region. The Wimmera students and schools in Melbourne’s west. This Southern Mallee regional strategic plan outlines the includes Bayside College in the Williamstown desired future development of the region and sets goals electorate, which currently has 70 VCAL students and for action in the key areas of economic growth, which stands to lose more than $60 000 annually to infrastructure, education, wellbeing, land-use planning, fund its coordinator. Rather than finding new ways to water and natural resources. cut funding for public education, this government should speak to schools such as Bayside College and The Wimmera is one of Victoria’s best kept investment understand more clearly the consequences of its secrets. By ‘investment’ I mean investment in such decisions. things as education, agriculture, mining, retailing, tourism and importantly a great lifestyle. I was very Science Week proud to launch the Wimmera brand. Along with Wimmera Development Association chair and Mr DIXON (Minister for Education) — This Hindmarsh councillor Rob Gersch, I am proud to have government has already done a lot of work in the area been named a champion of the brand. of science education and science promotion. It was a pleasure to open Science Week at the Royal Children’s As a Wimmera boy I am proud to wear the brand ‘The Hospital where 30 patients learnt how connected Wimmera — Everything you need’, and I am wearing science is with everyday life, with the highlight being it on my shirt today. As a Wimmera boy I am proud to making ice-cream with dry ice. It is always a pleasure say we are doing great work. I will show it on my shirt to work with the children and wonderful teachers at the again. It says, ‘The Wimmera — Everything you need’. Royal Children’s Hospital’s teaching unit. Agricultural research is going on. We have the opening of the Wimmera aerodrome, and importantly, we have Science: Bio 21 specialist school a quality water supply from the Wimmera–Mallee pipeline. Mr DIXON — On Monday I announced the finalisation of funding and contracts for the Bio-21 The SPEAKER — Order! The member’s time has science specialist school, which will be a partnership run out, and free ads are not permitted. between University High School, Debney Park Secondary College and Melbourne University. It will Victorian certificate of applied learning: cater for 200 VCE students who excel in science. Staff funding and students from Melbourne University will also work with the students. Mr NOONAN (Williamstown) — It is hard to understand where education ranks as a priority for the Planetarium: ministerial visit Baillieu government. Other than increasing languages education in schools, there is not much to point to as a Mr DIXON — I also joined families at the policy agenda. Having reneged on its pre-election planetarium last week to explore the concept of black commitment to make our teachers the best paid in the holes. I was able to enlighten them about the black country, the government used its first budget to slash holes left in Victoria’s budget by the Labor Party. more than $480 million in funding from our schools. The ripple effect of these cuts is now starting to be felt Rosebud: aquatic centre with confirmation that the government has slashed Mr DIXON — On another matter, the southern $12 million a year for VCAL (Victorian certificate of peninsula community was excited and relieved that the applied learning) coordinators in schools. This decision impasse between the Department of Sustainability and has been made without any consultation with schools Environment and the Mornington Peninsula shire over and, worse still, without advanced notice. For a whole the proposed aquatic centre for Rosebud has been range of reasons not every child goes on to complete a addressed. The Minister for Environment and Climate Victorian certificate of education, so it is crucial we Change broke this impasse by calling on the shire to give students alternative pathways such as VCAL. complete and submit the Rosebud foreshore master plan, which incorporates a site for an aquatic centre. If But VCAL is more than just an alternative pathway for the minister signs off on this plan, the shire can then students. For many disadvantaged and disengaged develop more detailed drawings and submit them to the
MEMBERS STATEMENTS
Wednesday, 31 August 2011 ASSEMBLY 2893 usual planning processes. There is overwhelming exceptional work being done there. The Wangaratta community support for an aquatic centre on the men’s shed is a place where men can come together to Rosebud foreshore, and I congratulate the minister on experience a variety of programs to suit a range of taking this very important step forward. men’s interests, including woodworking, information on men’s health and assembling and restoring old Todd Blake pushbikes. Mr PANDAZOPOULOS (Dandenong) — I want Daffodil Day to pass on my thanks and my condolences to the family of Todd Blake, who passed away suddenly while on Mr McCURDY — Cancer Council Victoria’s holiday with his family in Fiji last week. Todd was the Wangaratta volunteer unit had a massive response to CEO of the Victorian Tourism Industry Council and Daffodil Day on Friday, raising almost $2000 from its general manager, tourism and events, at the Victorian stall in Reid Street and its stall at the post office, which Employers Chamber of Commerce and Industry was manned by Eileen Dining, Barbara Thomas and (VECCI). He was a fantastic, young and Michelle Parker. Mrs Thomas said the stall sold out of up-and-coming person in the tourism industry. Prior to all its items, and she was very grateful for the public working in tourism he had been the CEO of the support. Children from the James Tilson Kindergarten Restaurant and Catering Association where he brought should be commended for their daffodil window restaurateurs closer to the tourism industry and the great display, which was on show on Murphy Street. food and wine reputation we have in this state. Max Bussell Working at VECCI he brought together a number of the various tourism industry groups under the one banner Mr McCURDY — Vale Max Bussell of of the Victorian Tourism Industry Council and under Wangaratta, who passed away last week. Max was a the wing of VECCI. Todd would have been one of our former Wangaratta Magpies dual premiership player great future tourism leaders, running either Tourism and Wangaratta Golf Club captain, but it was his Victoria or Tourism Australia at some time in the cricketing prowess that brought unprecedented future. He will be very sadly missed by the tourism individual praise. Many consider him to have been the industry. This is a loss of potential for the future of this city’s greatest home-grown all-rounder to play the wonderful tourism industry in Victoria and in Australia. game. He was the first manager of the H. P. Barr Todd will be very sadly missed. Everyone around him, Reserve from 1974 to 1990. I offer my condolences to everyone in the industry, is very saddened by the Max’s family. sudden and unexpected loss of Todd, and we pay our respects to his great work over such a short period as a Planning: St Kilda development young man under 40 years of age. We also pay our respects to his wife and children. Mr FOLEY (Albert Park) — I rise to condemn the decision of the Minister for Planning to call in and Cycling: Scody Cup approve the 26-storey development of more than 270 unit residences on the borders of the district of Mr McCURDY (Murray Valley) — On Sunday I Albert Park and Prahran, at 3–5 St Kilda Road, was pleased to see the Scody Cup series begin its St Kilda, which backs onto Barkly Street, St Kilda. This Murray River race at Yarrawonga. This eight-day tour decision ripped off from the local government the of approximately 847 kilometres travels through ability to determine the application for the Yarrawonga, Cobram and Numurkah and ends up in development. It points to the hypocrisy of the Mildura. The Scody Cup, founded in 1996 by Caribou, government in promising one thing before the election is Australia’s premier domestic road cycling series. A on local government decisions and then breaking that great crowd witnessed a tight finish in Cobram on promise soon afterwards. I point to no greater authority Sunday afternoon after the tour had travelled through on that issue than the honourable member for Prahran. the Telford and Tungamah rural communities. The The honourable member pointed to the importance of Scody Cup is vitally important as a breeding ground for this issue in this house on 2 March when he said that future Australian competitors at major events like the planning policies were being used as: world championships, the Olympics and the Tour de France. … cover for five high-rise proposals of up to 26 storeys in that area. These developments will add 484 dwellings to the area, and the group — Wangaratta: men’s shed that is the Junction Area Action Group — Mr McCURDY — Last Wednesday I was invited to the Wangaratta men’s shed to witness firsthand the has been working closely with the local council in creating a planning scheme amendment to take control of the situation.
MEMBERS STATEMENTS
2894 ASSEMBLY Wednesday, 31 August 2011
No sooner did the member for Prahran make that return to their home country but continue to build links decision than the Minister for Planning called in the with Victoria. Studying a language that is not your application. No sooner does that planning decision get mother tongue in another country is a difficult and called in than the developer gets more than he wants. I onerous task, and often there is not enough empathy for want to know: how ineffective is the member for the struggle undertaken by these individuals as they Prahran in this process? make their way through the world. Sandringham electorate: lifesaving clubs Persons who can pass an IELTS (international English language testing system) test to complete a degree here Mr THOMPSON (Sandringham) — This morning have often undertaken a very good preparation for life I wish to pay tribute to the work of lifesaving clubs in in Australia; they make a significant contribution to our Victoria and in particular lifesaving clubs in the community. Passing an IELTS test is difficult and Sandringham electorate, which include the Mentone requires clarity of thought and a good use of language. Life Saving Club, the Black Rock Life Saving Club, the However, I would also advise international students not Half Moon Bay Life Saving Club, the Sandringham to follow the example of the current government. Life Saving Club, the Beaumaris Life Saving Club and George Orwell would be proud of the newspeak of the the Hampton Life Saving Club. Over the last 100 years government when the cut to the Victorian certificate of or more lifesaving clubs have performed an invaluable applied learning program, which is a reduction in the service in promoting water safety and reducing the funds used to deliver the service, was described as not incidence of death by drowning. In the late 1990s there being a cut in funding. This is the sort of ‘Oceania was were 69 deaths by drowning in Victorian coastal waters always at war with Eurasia’ logic which, sadly, is the and inland waterways. The safety programs inculcated guiding principle for this government. and encouraged by Life Saving Victoria provide a very important training framework to ensure that young Timber industry: protests Victorians can play by the water safely. In addition, there are other important activities, including beach Mr BLACKWOOD (Narracan) — The recent patrols, monitoring water quality and dealing with forest protest action at Toolangi and AusWest’s marine stings and other dangers, undertaken by sawmill in Bairnsdale has the potential to undermine a lifesavers. legitimate industry that supports the economy of Victoria and in particular the Latrobe Valley. Australian Pat Mutimer Paper is not using old growth forests for paper; it is taking sawlog residue from the harvesting of 1939 Mr THOMPSON — I wish to offer my regrowth in the Central Highlands. The forests of the condolences to the family of Pat Mutimer, a local Central Highlands are being harvested for high-quality Mentone icon who made an outstanding contribution to timber products such as furniture, flooring and aged-care services in the Mentone district. She was structural grade timber, and the wood — the lowest pivotal in the development of the Mentone aged-care quality portion of each tree — is chipped by Australian day service centre and contributed actively, along with Paper and used to make fine-quality writing paper. Mary Kean, to important social and community Before a coupe is harvested it is subjected to a rigorous projects. pre-harvesting survey, which takes into account any risk to threatened species. This occurs despite the fact The ACTING SPEAKER (Mrs Fyffe) — The that timber harvesting is only permitted in 10 per cent member’s time has expired. of our public native forest estate; 90 per cent is locked up in reserves and closed water catchments. International students: achievements Radical green groups are currently taking action that Mr SCOTT (Preston) — I rise today to celebrate could lead to the closure of Australian Paper, because the contribution of international students to our there is not sufficient plantation for it to transition to, community. I was recently lucky enough to attend the and the closure of many sawmills across Gippsland and presentation of awards by the Wings Foundation to the north-east of Victoria. Every year over $400 million international students for their academic performance. worth of timber is imported into Australia from illegal International students make a fantastic contribution to logging sources and many millions of dollars worth of our community in terms of economic activity as timber products are imported from Third World Victoria’s largest export industry but also to our society countries that do not have the world-class forest in two critical ways: many students stay in Australia as management practices that we have here in Victoria. It new migrants after completing their studies and others would make far more sense if those who oppose
MEMBERS STATEMENTS
Wednesday, 31 August 2011 ASSEMBLY 2895 logging of native forest took up their argument with us, school with sponsors and volunteers learning about and the politicians, who develop and put in place the planting trees in their areas. National Tree Day is a legislation, rather than seeking to undermine those wonderful initiative: it teaches people a little bit about businesses and employees who are conducting a growing trees and the environment and is a great legitimate and lawful business. The cost to business and healthy outdoor activity. The students had a great time. the cost to the taxpayer of these disruptive and unlawful I congratulate the school on its efforts. forms of protest action is massive. I also congratulate Planet Ark for coordinating National Wind farms: government policy Tree Day. The 2011 theme was ‘Life is better with trees’. The aim was to plant 250 000 trees. Ms GARRETT (Brunswick) — I have been contacted by many people in my electorate expressing Mordialloc Life Saving Club: committee their deep concern about the Baillieu government’s moves to impede the production of wind energy in this Ms WREFORD — Mordialloc Life Saving Club state. The measures announced by this government are recently held its annual general meeting. I wish to more stringent and prohibitive than anything promised congratulate all those who were part of the outgoing in the election campaign. They will cost jobs and committee and all those joining the incoming billions of dollars in investment. This is yet another committee, many of whom are the same people. Grant step, and a very significant one, in this government’s Rattenbury was and is the club president. He has done a systematic and deliberate abandonment of any action wonderful job with the club. He has grown into the role on climate change, despite the many promises and and had the club grow with him. It is a remarkably commitments it made prior to the last election. successful club whether you measure it by membership, championship results, community outcomes or One of my concerned constituents put this plea directly anything else. It has 468 members. It was recently in a letter to the Premier: successful in obtaining a replacement inflatable rescue boat under the volunteer emergency services equipment To note with growing alarm your changes to wind farm program. I wish the new committee the best of luck. planning rules.
Not only will it — Teachers: laptop computers impact — Mr HERBERT (Eltham) — Today I read with amazement that the Baillieu government, not content to … Victoria’s advance towards a clean energy future, but it slash education funding by $481 million, slash will cost regional Australia a large number of desperately needed jobs. I urge you to reconsider your decision. apprenticeship completion bonuses, slash Victorian certificate of applied learning funding and slash the As we know, in order to transition to a clean energy parent bonus, is now trying to rip off teachers in the future and have any chance of meeting the targets that provision of laptops. this government signed up to last year, wind energy production needs to be supported and encouraged, not Teachers have received laptops from the state stifled and undermined. You need strong support from government for a decade in recognition that they are an government and government policy. This government essential teaching tool. In fact teachers are required to has clearly failed this test and in doing so is failing our write reports using education department software, children and our grandchildren, and I might add that mark the roll online and undertake many lessons with now it is in government it is failing to have the courage interactive whiteboards and projectors, usually linked to of its convictions and beliefs it held when it was in their laptops. Now under this government teachers opposition. I join with my constituents in condemning selecting a MacBook will see their bill increase from $4 the government’s short-term and cynical stance on this per fortnight to $11.50 per fortnight for an essential and issue, and I call on it to support a clean energy future what most would say is a compulsory and necessary and clean energy jobs for our state. teaching tool. To add insult to injury, they will get a superseded laptop and have to keep it for four years. It National Tree Day is a disgrace. It is like asking teachers of the minister’s vintage to pay for their own chalk. To make matters Ms WREFORD (Mordialloc) — I recently joined worse, as we all know, the price of technology is the students and teachers at Mentone Park Primary dropping at the same time as the government is price School to celebrate National Tree Day. Students formed gouging on laptops. green gangs which descended on various parts of the
GRIEVANCES
2896 ASSEMBLY Wednesday, 31 August 2011
This is an issue that needs to be addressed. Laptops are To celebrate the 175th anniversary of the founding of an essential teaching tool for all teachers; they are used Sunbury, the Sunbury Historical and Heritage Society in every school in virtually every lesson. This decision hosted an anniversary dinner at the Pitruzzello Estate needs to be reviewed, and those laptops need to be Olive Grove and Vineyard on Sunday, 21 August. made free for teachers. There was a very large gathering, with great music, fine food, and some interesting presentations giving an Bellbrae Primary School: 150th anniversary outline of the history of Sunbury, with some firsthand accounts of life in Sunbury as well as some fascinating Mr KATOS (South Barwon) — It was a pleasure to photographs showing some of the iconic buildings, attend Bellbrae Primary School on Saturday, including the Rupertswood Mansion, which members 13 August, to celebrate the school’s 150th anniversary. may remember was the birthplace of the Ashes. Bellbrae is situated just off the Great Ocean Road near Anglesea and is a picturesque coastal township that Sunbury fire brigade: centenary houses a recreation reserve, a cemetery and a school. The school was founded in 1861 and was originally Ms DUNCAN — While 2011 marks the built in a vast ironbark forest. It had 35 students who 175th anniversary of the Sunbury township, it also attended from the nearby local farming community. marks the 100th anniversary of the Sunbury fire Over the years school numbers have fluctuated, brigade. At a Bulla Shire Council meeting in June 1910 reflecting the agricultural economy; the school battled it was decided that a public meeting be held where it to keep students during the late 1800s and was even was determined that a brigade be formed. On 1 January down to 15 students in the 1970s and 1980s. Today the 1911 the Sunbury fire brigade was officially registered, school is growing with the demand for a coastal with a membership of 15 people. On Saturday, lifestyle and is home to 321 students. 20 August, the celebrations continued with a concert performed — — The birthday celebrations reflected the proud history of the community, and it was a delight to witness the The DEPUTY SPEAKER — Order! The time for school’s oldest living student and youngest student members’ statements has expired. cutting the birthday cake together. Cadel Evans GRIEVANCES
Mr KATOS — I also had the absolute pleasure of The DEPUTY SPEAKER — Order! The question is: paying tribute to Cadel Evans, along with the thousands of Victorians who showed their support, at the state That grievances be noted. welcome held at Federation Square. I am extremely Former government: performance proud that Australia’s most distinguished athlete — winner of the historic Tour de France — resides in my Mr RYAN (Minister for Police and Emergency electorate of South Barwon. Cadel’s Tour de France Services) — I grieve today for all Victorians in the face win has exalted our community, and we are proud that of their having to bear the consequences of the grossly he has made sporting history. incompetent former Labor government and the legacy left by that government, coupled with the ongoing Cadel is an inspiration to all in the region, and his capacity of those who are now in opposition to tell a unrelenting commitment to achieve his best in cycling story which amounts to nothing less than lies in relation is something to be admired by all. We look forward to to the current government’s programs. Added to this recognising Cadel’s achievements in a fitting way and mix, members on the other side will say or do anything to his homecoming later this year so our community if it serves their purposes. They are prepared to defame can celebrate the sporting hero that is Cadel Evans. if it serves their purposes, and apologise later if they get caught out. But Victorians continue to suffer the Sunbury: 175th anniversary consequences of the way members opposite Ms DUNCAN (Macedon) — Members may be misgoverned the state. aware that 2011 marks the 175th anniversary of the We only need to look through some of the different founding of the township of Sunbury, when George programs in which members opposite were involved to Evans and the Jackson brothers settled in the area see evidence of this misgovernment. To list them, there known to the Wurundjeri people as Koora Koora in is the regional rail link, which cost us hundreds of August 1836. millions of dollars because it was underbudgeted and
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2897 underfunded; the Melbourne Wholesale Market problems. If you have a good idea and you want a few redevelopment; the law enforcement assistance million, go and ask the Labor Party, because now they program police database; the HealthSMART project; are no longer in government they are prepared to the West Gate Bridge rehabilitation project; the Olivia commit to it, no problem at all. Newton-John Cancer and Wellness Centre; the Royal Children’s Hospital ICT project; the state sports We ought to bring back the splurgometer, because facilities; and the desalination plant. Every baby born in members of the Labor Party are at it again. Not only Victoria today will have to bear its share of the around can they not manage money when they are in $2 million a day which will be lost to Victorians for government, but here they are in opposition and they almost the next 30 years because of the absolute mess are out there funding everything. I say to the people of the former government made of the desalination plant. Victoria, ‘If you think you need a few bob for something, go and see members of the Labor Party; Then there is the famous pipeline project — they will commit to anything’. $750 million invested in a pipeline Labor swore it would never build in the first place, and now it lies idle. I have seen this play out on the front of my local paper, That is another $750 million Labor burnt. And what the Gippsland Times, in the course of the last week. about the pokies fiasco? Labor managed to burn Mr Lenders, a member for Southern Metropolitan $3 billion on one project alone because it is grossly Region in the Council, has been talking about the incompetent. Labor simply cannot manage money; its Macalister irrigation district in the area adjacent to my record in money management is appalling. The tragic electorate. Now it is within the electorate of the thing is that Victorians are beginning to suffer the member for Gippsland East, and what a great job he is consequences of the fact that Labor cannot manage doing on behalf of his constituency. It is great to see money. Gippsland East being properly represented in this Parliament after so many years in the darkness. Ms Duncan interjected. On the front page of the paper there is an article — it The DEPUTY SPEAKER — Order! The member features me, but that is just the way it goes; I do not for Macedon! want to be self-serving about this, but I might add that it is a very good photograph. The article is headed Mr RYAN — Then we see the next layer from the ‘MID’ — Macalister irrigation district — ‘irrigation current opposition. This is what I call Labor bleats. We infrastructure needs outlined to Lenders’. There is are all familiar with the term ‘tweets’; now we have Mr Lenders propped on a gate and talking to a couple Labor ‘bleats’. These are the various programs which of local Labor councillors — that is fine — about the they never funded when in government, and we hear great Macalister irrigation district. It is a wonderful them here day in, day out. They were at it again on the area. He is talking about the MID 2030 strategy, as it is adjournment debate last night, calling upon the current termed, which is about improvements to the channel government to fund different programs which they did system in the Macalister irrigation district; it is a very not fund when they were in government. For 11 long, laudable project. miserable years they sat on the government benches and yet we have been in government for According to the paper, and I have the clipping, in 215 days — — speaking about this issue:
Ms Duncan interjected. Mr Lenders said with funding from the government, the water delivery efficiency could be boosted by as much as 40 per The DEPUTY SPEAKER — Order! The member cent. for Macedon will cease interjecting. He went on and was reported to have said:
Mr RYAN — Day after day, night after night, If we’re going from 45 per cent utilisation of water to 85 per Labor bleats, trying to get us to pay for the programs cent utilisation of water by investing in infrastructure, it which it simply refused to fund over 11 years. It is means you don’t need more water, you just need verging on the absolutely pathetic, and Victorians have infrastructure which is up to scratch … to suffer the consequences day in and day out. As part As a principle that is all very true. What he forgot to of this second category we also have Labor members mention, and I am sure it just escaped his mind, is that adopting an additional phase in what they are doing — the irrigators in the Macalister irrigation district bought now they are the solution to everybody’s problems. this project to the former Labor government in 2005, When anybody puts their hand up to get funding for which is six years ago. To do the whole thing then anything, Labor members are the solution to their
GRIEVANCES
2898 ASSEMBLY Wednesday, 31 August 2011 would have cost $180-odd million; it would now cost Party that is investing in an advertisement like this $280-odd million. What did Labor do about it then? It because I could not imagine a local member’s did precious little. Now John Lenders is off the leash electorate allowance would be able to cover it. and can say whatever he likes wherever he wants to say it. He has been in the Macalister irrigation district The advertisement claims that the government has saying, ‘If the government funded this, that would be a scrapped regional Victoria’s dedicated infrastructure wonderful thing to do’. For six years the former Labor fund, which creates jobs and supports communities. Do government had the opportunity to do it. not worry about the fact that, as I have said in this place, under the former government’s regional blueprint Mr Lenders is the guru of water-related management! we committed to the fulfilment of virtually every We all remember an article published recently where program which was being funded through the Regional the same Mr Lenders was advocating that we pump Infrastructure Development Fund! On top of that we water down the pipeline into the Sugarloaf Reservoir; added another $500 million in the course of just this he seemed to think this was a terrific idea. No-one else first term, and there will be another $500 million in the seemed to think it was, but Mr Lenders seemed to think following term under the $1 billion Regional Growth it was a terrific idea. There was only one little Fund. problem — Sugarloaf Reservoir is full and cannot take any more water. Even the most basic of us know that if It is completely misleading on behalf of the member to the bucket is full, you cannot put anything in it, but it run this advertisement she knows is absolutely untrue. seemed like a good idea at the time. Pursuant to the The implication in it is completely wrong, and she basic principle, if Labor members think it is a good idea knows it. At the very least it is utterly disingenuous, at the time, they go and say it. When it was pointed out but, above all, it is classic, quintessential Labor. That is that this might be not quite feasible, Mr Lenders had what Labor does, and it does it because it cannot help another solution — that is, to move the storages. We doing it; it is in the nature of the proverbial beast, and ought to move the storages! all Victorians are being subjected to the effects of it.
As recently as a few hours ago during the adjournment We also had the discussion in relation to the Victorian debate in the other place, which took place at 4.30 this certificate of applied learning (VCAL). Labor members morning, immediately consequent to the Justice invested a lot of time and energy in question time Legislation Amendment (Protective Services Officers) yesterday asking questions in relation to VCAL — — Bill 2011 passing this Parliament — what a great occasion that was, but I will talk about that at a bit more An honourable member interjected. length later — Mr Lenders was at it again. He was Mr RYAN — And I hear that they are still on it. saying we should empty out the Sugarloaf Reservoir These are the actual figures in relation to the delivery of and make space for the water to be pumped through the the VCAL funding for this year: it is going up by pipeline for Melbourne’s use. What an absolute circus. 9.5 per cent. It is being increased from $100 601 700 to Can members just begin to imagine the cost of pumping $111 207 750, an increase of 9.5 per cent. The this water to wherever Mr Lenders apparently wants it coordination of this program is going to be run like the sent? It would be an absolutely staggering cost. But this Victorian certificate of education and the vocational is the sort of preposterous nonsense that we have to put education and training in schools programs. It is going up with from the former Labor government. That was to be run in a similar manner to those programs. But said by a former Treasurer of the state of Victoria. The Labor is out there painting the picture that funding for former Labor government simply did not know what it the delivery of those programs is being cut. It is simply was doing. Members of the former Labor government wrong. were bumbling fools. Victorians are now left having to Mr Hulls interjected. pick up the pieces on a daily basis. Mr RYAN — The former Attorney-General said The next element of all of this is the sheer lies Labor that teachers are telling Labor that. What the Attorney members are prepared to tell in relation to the way in ought to do is tell the teachers to look up the budget which the current government is discharging its papers, because they will see that the funding has responsibilities. Labor members will do and say increased by 9.5 per cent; it has gone, in round figures, anything. As recently as yesterday Ms Pulford, a from $100 million to $111 million. The lies go on and member for Western Victoria Region in the other place, on. published an advertisement in the Ballarat Courier. It is a full-page advertisement. Presumably it is the Labor
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2899
We have a flyer from the shadow transport minister one way. An idea or proposal may go into the office but stating that the Baillieu Liberal government has failed nothing comes out. There is a dithering, pathetic to provide extra train services, but the fact is that train silence. This is the running joke of this government. services provided in the system per week have Government members are too scared to make a increased from 13 365 to 14 635. I could go on an on. I decision; they are too distrustful of each other to let have examples all over the place of various Labor lies people get on with doing their own jobs, and they are so that have been told. A letter sent out by the shadow concerned about knowing and controlling what their Minister for Small Business, the discredited former own colleagues are doing that they have forgotten that planning minister, also tells lies about the Moonee they are here to govern. Valley Racecourse development. The letter to constituents states that the Baillieu coalition It is not just policy that has to be screened but also government will be the ultimate decision-maker around people who must be screened through the politburo at the site. That is simply not the case at all. The plans 1 Treasury Place. Proposed ministerial chiefs of staff, have to be firstly approved by the Moonee Valley City such as the proposed ministerial chief of staff to the Council, and it will remain a council matter until the Minister for Consumer Affairs, have been vetoed by the council makes a decision. You could go on and on with Premier’s office again and again. It was the most these examples. painful and drawn out staffing of ministerial offices in the history of this state. Staff were inserted into The bottom line is that Labor will say and do anything ministerial offices, not to work for the minister but to if it serves its purposes. People voted on 27 November do the bidding of Michael Kappel. Tristan Weston, the last year. Looking at today’s headlines it seems they well-paid man of leisure, is just one example. By the have not changed their minds; they have only firmed up way, what, for goodness sake, was Tristan Weston their point of view. The Baillieu government will doing and how much was he being paid? He was not continue to provide good government for Victoria. We there to provide his minister with frank and fearless will fulfil our campaign promises. We will make sure political advice, and he was not there to be a trusted the interests of all Victorians — metropolitan, regional adviser. and rural — are looked after as they should be. He was there to do the work behind the minister’s back; Road safety: government performance to do the bidding of his Liberal handler, Michael Kappel. I have said in this place before that I cannot Mr MERLINO (Monbulk) — I also rise to make a believe the Leader of The Nationals could be so naive contribution to the grievance debate. Today I grieve for as to allow this to happen. It is common knowledge road safety in Victoria and the complete lack of around the place that there is deep distrust and attention by this government on this most vital issue. I animosity between the Premier’s chief of staff and the am glad the Minister for Police and Emergency Deputy Premier of this state. I predicted that Weston Services is at the table. He is one of three road safety would never work for the Minister for Police and ministers who have failed to deliver on road safety over Emergency Services again. I also predicted that no the course of their government. I begin by asking a Nationals minister would ever allow Kappel and the question that I thought even this dithering government Premier’s office to insert a Liberal staffer into a would have addressed by now: where is this Nationals office again. I was amazed to read reports government’s comprehensive road safety strategy? I that the Minister for Sport and Recreation, a Nationals cannot believe I am standing here today asking that minister, was being forced to employ Weston. question. More than nine months have past since the Arrive Alive strategy was due to be updated, and it is Mr Hulls — He is a soft touch. still nowhere to be seen. The inaction and incompetence on road safety is emblematic of the Baillieu Mr MERLINO — He is a soft touch indeed. What government. is the minister thinking? If that is true, all I can say to the minister is to watch his back, because Weston will At this government’s core is a giant black hole, and any certainly not be taking direction from him. ideas, any departmental proposals, any ministerial submissions and any advocacy from inside or outside I digress, but it highlights the point that this is a government get sucked into it. That giant black hole is government obsessed with central oversight and the Premier’s office. Every little thing — and those control. The member for Prahran has got a big head but opposite know this true — must go through that office. a small voice. This is a government obsessed with Power has been centralised to an unprecedented level. central oversight and control, and it deems this The only problem with this process is that it goes only obsession to be more important than actually making
GRIEVANCES
2900 ASSEMBLY Wednesday, 31 August 2011 decisions. Whilst this approach should be exposed and led the way in making it mandatory for all new vehicles ridiculed by the opposition and the broader community, to be fitted with electronic stability control. These road the inevitable outcome of it — and it has been systemic safety measures have been transformational. Under in the nine months of the Baillieu-Ryan government — Labor’s road safety strategy the Victorian road toll is not a joke. It is something we should grieve about decreased by more than 35 per cent from 444 to 288. because when it comes to issues like road safety we are Around 1000 lives were saved due to this strategy and talking about people’s lives. the work of all our road safety partners.
Unlike this government Labor took decisive action on Despite this success and the introduction of these road safety. The successful Arrive Alive strategy measures, according to the TAC Victorians are still helped drive the road toll down from 444 fatalities in more likely to die violently as a result of a road crash 2001 to 288 last year — the lowest on record. It has than from any other cause. It begs the question: why worked. Our road safety partners, Victoria Police, has this government left the field of road safety? The VicRoads and the TAC (Transport Accident Minister for Roads promised to up the ante on road Commission) did a power of work in preparing for the safety. Those were his words. This is from someone Arrive Alive action plan and the update to Arrive Alive, who can only be described as a friend of the hoon. which was due last December. What has happened to When he was in opposition and the shadow minister for that body of work? It has disappeared into the black roads, the current Minister for Roads thought people hole of the Premier’s office. Where are the new and should be treated more leniently for speeding and for innovative ideas to ensure that Arrive Alive remains doing the most dangerous thing on our roads — that is, relevant and continues to reduce the road toll and the driving through a red light. That was what the then impact of road trauma? The answer is absolutely shadow minister talked about, and he is now one of the astonishing. This government has been recklessly leading ministers in our road safety strategy. The absent from the road safety field. The update of Arrive coalition has done next to nothing, and it is not Alive has been shelved. The groundbreaking road surprising given leadership such as his. safety experience centre to be funded through the TAC has been scrapped. Funding for road safety initiatives The only signs of action we have seen to date from this has been reduced. Here is a simple statement that even government on road safety have been a used car safety those opposite will understand: you do not reduce the rating system and an announcement of a blitz on road toll by doing nothing. dangerous driving on Victoria’s regional roads, an initiative that included nothing new. There was nothing Road safety is a vitally important area of public policy. new in that announcement. What have we seen in this The cost of road trauma is immense; there were place? An extension of Labor’s hoon driving legislation 288 fatalities last year and 5392 hospital admissions. and a proposed road safety camera commissioner that The financial cost to Victoria is $3.8 billion per year. will not save one life. That is it. That is all we have seen The human cost is that families are devastated when on road safety from those opposite. lives are tragically cut short or impacted by serious injury and a lifetime of pain and debilitation. Around This feeble offering on road safety is no substitute for a 90 Victorians suffer serious brain injury in road crashes comprehensive road safety strategy. The concern that every year, and half of all spinal injuries in Australia this government, through its incompetence and delays, are due to road crashes. is putting at risk four decades of leadership is not just being expressed by the opposition. Back in May, during Victoria has had a proud record of leadership and events in Melbourne highlighting the United Nations innovation in road safety on both sides of politics for decade of action on road safety, the Royal Automobile decades. In 1970 the road toll was a horrifying 1061. In Club of Victoria made this statement: that year Victoria was the first jurisdiction in the world to legislate for the mandatory wearing of seatbelts. It RACV notes that Victoria’s road safety strategy expired in 2010 and the state government has not yet released its own had an immediate effect: in 1971 the road toll fell by vision for Victoria’s road safety over the coming decade … 13 per cent. Our leadership continued over subsequent Victorians expect the government to improve road safety … decades. In the late 1980s we became the first jurisdiction in the world to bring in mass-scale roadside Indeed they do. That statement was made back in May. random breath testing. In 2006 we were the first What was the response from the government? jurisdiction in Australia to introduce a random drug Absolutely nothing. I can tell the house that similar testing program. We have made massive investments in concerns are held by many other organisations and building safer roads, confronting and highly visible individuals involved in road safety. Concern has been advertising and strengthening our licensing regime. We expressed to me by people touched by the tragedy of
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2901 road trauma. People are waiting and wondering when release a comprehensive road safety strategy and start this government is going to seriously tackle road safety. saving lives. You do not reduce the road toll by doing nothing. At the six-month mark of the government’s inaction the opposition actually stepped into this vacuum created by The DEPUTY SPEAKER — Order! The those opposite and provided some leadership. We took member’s time has expired. the view that collectively we cannot afford to drop the ball on road safety. In June Labor released Below 200 Former government: performance by 2020 — Protecting Victorians on Our Roads, which outlines a series of initiatives and an ambitious but Mr WELLS (Treasurer) — I grieve for the achievable new target to reduce the state’s road toll to Victorian Labor Party. It has no ideas, no policies, no below 200. As the Leader of the Opposition said at the direction and no leadership. On top of that it left this release of this document: government with an enormous financial mess. Despite all this, the Baillieu government is getting on with Where the Premier is unable, or unwilling, to act and combat creating jobs and making sure it has a strong and robust serious road death and injury, Labor will step in and help the economy. We have to make sure that we have a strong government … balance sheet, that we maintain our AAA credit rating Nothing would make me happier than for the Baillieu and that we maintain our $100 million surplus. government to adopt our plan to prevent deaths on our roads. What has this government put in place to achieve these We urge the government to take up these ideas, which things? The first step was the budget in May, and that include recognising and rewarding new drivers by was designed to deliver on our election commitments. providing a free three-year licence, piloting the use of We were very strong on delivering our election intelligent speed assist devices, creating a Minister for commitments. We made sure that we put in that budget Road Safety rather than having three incompetent the things necessary to ensure that we would deliver on people dealing with road safety and reducing TAC what we had promised on 27 November. People voted premiums for people registering a new 5-star car. us in, and for months the opposition said, ‘Make sure Speeding up the change of Victoria’s fleet to new you deliver on your election commitments’. We did vehicles would significantly reduce road trauma. Other that. We made sure we delivered on a $100 million ideas include increasing the use of speed warning surplus. We were able to get there, and we are also devices inside heavy vehicles and investing in the road absolutely committed to maintaining our AAA credit safety experience centre. New drivers who attend the rating. centre would receive a free driving lesson, while drivers convicted of serious driving offences should be That is interesting to note as we see how the world required to attend the centre. There are a whole raft of deals with the latest economic crisis and we see places initiatives that we urge this government to take up. like the United States of America that have lost their AAA credit rating. Meanwhile Moody’s and Standard The idea of having a road safety experience centre was and Poor’s have been through the Victorian books, and about educating young people about the realities of they have maintained our AAA credit rating. That is road trauma. It would have saved lives, and it could something of which Victoria should be very proud — have been funded. The money was there through the and something which the Kennett government regained surplus and premiums at the TAC. The money is there; in the 1990s. It was lost by the Cain and Kirner we know it is there to fund this. The government bleats governments. We regained that under the Kennett about bipartisanship on road safety; I say, ‘Do government, and we have made sure that it remains in something about it for goodness sake’. In the immortal place. words of John Kennedy ‘Just do something’. This government has achieved things despite Victoria’s internationally renowned reputation on road everything that has been thrown at it, such as the cut in safety has for decades been earnt through hard work, the GST. We had a situation with the GST where we innovation and commitment. The message for the lost $2.5 billion in GST revenue. For every dollar that a incompetent trio of the Minister for Police and Victorian paid in GST we were receiving 94 cents, and Emergency Services, the Minister for Roads and the that has now been cut to 90 cents. That represents a Assistant Treasurer, who is responsible for the TAC, is $2.5 billion cut in GST revenue, and on top of that we that they need to gather up some courage, stand up to have had the shrinking of the pool of $1.6 billion over the overbearing goons at 1 Treasury Place and demand the forward estimates period. In total that is $4.1 billion the release of the road safety strategy. They need to
GRIEVANCES
2902 ASSEMBLY Wednesday, 31 August 2011 which we were not expecting to lose and with which On top of that we have had the issue of the carbon tax. we had to deal in the run-up to the budget. We will fight this carbon tax every single step of the way. As I have mentioned in Parliament before, when Then of course we had the cost overruns left by the the London bankers sat down with me and asked what previous Labor government. What was it thinking? It we were doing with regard to the carbon tax, they said just kept throwing money at the myki problem and it is like trying to air-condition your backyard. That is expecting it to be fixed by just throwing money at it. what they are telling us in the United Kingdom. Why is That is the mentality of a typical Labor government. It it that we are doing what we are doing? This will cost just keeps throwing money, and it believes somehow jobs and it will reduce Victoria’s output by $2.8 billion that at the end of the day somebody will come up with a in 2015. The Baillieu government will fight this solution. That is why we had to rescope the contract to measure every single step of the way. make sure that we can deliver on it. On top of that we have had to deal with Labor’s racing Then we have Melbourne markets; how embarrassing debt. The debt was paid down to about $3 billion, and that is! then it was racing up to $31 billion. How can you possibly go from $3 billion to $31 billion in just Mr Nardella — No, it’s not! 10 years? It is quite extraordinary that in the forward Mr WELLS — It is an embarrassment. The estimates that debt was going to increase to $31 billion. member for Melton says it is not an embarrassment to Another issue we have had to deal with is the issue of go and build a massive warehouse. How many productivity. I do not think I ever heard a Labor fruiterers or vegetable growers had the previous minister in previous years talk about productivity. That government signed up to go into the new building on a is because the former ministers relied on population lease agreement so that there was some sort of revenue growth to continue to drive the Victorian economy. flow? The answer is zero. Not one person was signed There was no talk about productivity because their up, so who was going to hold the financial risk but the union mates would never allow them to talk about it — government? While in government Labor did not sign ‘By gee we don’t want to ever increase productivity up one person to move across. Not one lease was because it will get the unions and their mates offside’, signed. and that is why not once did I hear one Labor minister Mr Nardella interjected. ever talk about productivity. Productivity is one of the real hard core focuses of this government. Mr WELLS — The former government had no idea what sort of revenue stream was going to be there, and In the 1990s, under the Kennett government, there was it is an embarrassment. Then we have the regional rail. I an increase in productivity. Over the past 10 years, heard the Deputy Premier talk about regional rail. How under the former Labor government, productivity has can you have a regional rail line without any signals — fallen to such an embarrassing rate that it is that is, $500 million worth of signals that the previous actually — — government just forgot to put into the contract? Those Ms D’Ambrosio interjected. sorts of things are embarrassing. And then of course we have HealthSMART. These things represent hundreds The DEPUTY SPEAKER — Order! The member of millions of dollars of cost blow-outs with which we is out of her place and is disorderly. have had to deal. Mr WELLS — It fell below the national average. It We have lapsing programs — and I am glad that the is an embarrassment. But what did the former Minister for Environment and Climate Change is government do about it? It did not do anything about it, here — and when we started looking at them, we and that is why we are in the situation we are in at the realised that funding for Victorian park rangers was due moment, so we are going to ensure that productivity is to finish on 30 June 2011 and not one cent had been put very high on our list. That is why we are targeting a aside for Parks Victoria for park rangers after that. Even 25 per cent reduction in red tape, and there is already more embarrassing was that funding for the Royal some fantastic work being done in that area. Society for the Prevention of Cruelty to Animals officers, who do a fantastic job in our community, was We are ensuring that there will be a more efficient and also due to finish on 30 June 2011. Not one cent had transparent public service. We are ensuring that the been put aside to keep the RSPCA officers. We have infrastructure we build has high productivity return, and had all of these issues to deal with. that will be positive for the economy. As part of the 25 per cent reduction in red tape we are going to ensure
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2903 that the Victorian Competition and Efficiency those positions in place, and when the figures for Commission comes in over the top so that the regional Victoria came out recently they showed that government does achieve its target. We are not like the employment growth over the year in the three months previous government which said, ‘We are going to cut to July 2011 was strong for regional Victoria — up red tape here, there and everywhere’ but never actually 34 000 persons, or 4.9 per cent — and over the year the achieved it; we have asked VCEC to come in and absolute and percentage increase in employment ensure that we do achieve it, and that is how we will remained the highest of all state regional areas. That is ensure that that reduction occurs. good news for Victorian regions. The unemployment rate in regional Victoria eased to 5.2 per cent over the We are also going to ensure that the skilled and three months to July 2011, but this was lower than the innovative workforce continues. The fact that 42 per Australian average for regional areas, which was cent of the labour force is under 35 years of age is 5.5 per cent. positive for our productivity. In addition, 2.9 million people are employed, 59 per cent of the workforce There have been some real positives such as CSL holds post-secondary school qualifications, and we Limited, for example, which gave the Victorian have high university participation and graduation rates, economy a shot in the arm by announcing that it was with 31 per cent of the workforce possessing university creating hundreds of jobs by building a new qualifications. Those figures are setting us up to ensure manufacturing plant in Broadmeadows. This is great that we improve productivity, and that is most news. CSL and similar companies rely on a highly important. skilled, productive workforce, and it is a strong positive that the company is able to do that. We are also committed to ensuring that we have a diverse economy, which is crucial. We also have the retail zoning reforms, which I spoke about in question time last night. As the Minister for Mr Scott interjected. Planning has stated, these changes go to the very core of the Victorian coalition government’s agenda to The DEPUTY SPEAKER — Order! The member stimulate growth, jobs and the economy, and once for Preston will cease interjecting incessantly. again it is about getting rid of that red tape and making Mr WELLS — It is absolutely crucial that we have it easier for businesses to produce. The Premier’s press a diverse economy. We know that the high Australian release quotes the Minister for Planning as having said: dollar impacts on our tourism, hurts our manufacturing These proposed changes are supported by the Productivity and hurts our export of education. Therefore we are Commission’s retail competition report, issued early this making sure that those sectors are being well supported month, and could create thousands more jobs in Victoria. by the government in what we acknowledge is a difficult time. But on the flip side, having a high I would like to conclude with a press release put out at Australian dollar means that the mining states — 1.55 p.m. yesterday. It has a great headline ‘Melbourne Queensland and Western Australia — do very well, and world’s most livable city’. that means that we benefit from having BHP Billiton, Mr Wynne interjected. Rio Tinto, Newcrest Mining Ltd, ANZ bank and National Australia Bank here in Victoria, with a lot of Mr WELLS — What a great headline. The member the big superannuation and insurance deals being done for Richmond is so excited that the world’s most livable in this state. city is Melbourne. I join the member for Richmond in that sentiment; I am also very excited by that. It says: It is not only the finance and insurance part of it either. There is also the engineering skills — that back office Melbourne has finally knocked Vancouver off its perch as the support that we in Melbourne and Victoria provide to best city in the world to live in. the mining states. That is significant because when we Melbourne claimed the title of the world’s most livable city in have a high Australian dollar we need to have a diverse the Economist Intelligence Unit’s latest survey, with Sydney, economy to ensure that we are able to encourage Perth and Adelaide also making it into the top 10. employment in those areas. It is the first time in almost a decade of the global When it comes to jobs based on a diverse economy, in livability survey that Vancouver has not ranked as the the budget papers we said we would have job growth of best place to live in the world. That is great — it shows 1.75 per cent. That was down on previous forecasts, the absolute confidence that people have in the Baillieu and that 1.75 per cent growth meant a target of government and the job it is doing to build a strong 50 000 to 55 000 jobs per year. We said that we had economy.
GRIEVANCES
2904 ASSEMBLY Wednesday, 31 August 2011
Government: performance and has a young family. He has no political affiliations, but he has a passion for greyhound racing and for Mr HULLS (Niddrie) — I have a hell of a lot to putting something back into the community. He was grieve about, but I only have 15 minutes so I will focus appointed because of his skills and passion. He and his on only a few things. I grieve about the standards of this board were doing a great job with an industry that government — its lack of integrity, its reliance on lies continues to grow. However, as a man of integrity, and spin to get its way and its lack of understanding of Mr Caley could no longer have his reputation conflict of interest, whether it be real or perceived. I threatened by his association with the minister, who in reckon these things are worth grieving about. his view lacked any integrity.
I remind the house that in question time on 30 June — On Thursday, 30 June, the Minister for Racing issued a and in my absence due to illness — the Minister for media release with the heading ‘Labor threat to country Racing took the opportunity to attack me in relation to greyhound racing’, in which he said he had uncovered a an independent report commissioned by Greyhound secret Labor plan to close down greyhound racing Racing Victoria (GRV). His attack was based on a lie. tracks. In this media release he claimed that the former The minister knew what he said was untruthful when he Labor government commissioned a report about the said it — and I will explain why later. This is hardly future of greyhound racing and that this report was a something to be surprised about, because the minister blueprint to allow Labor to close down greyhound has form in this area. If this place is called cowards racetracks. On the very same day the minister issued castle, the Minister for Racing is its king. I will come this clearly false press release, he came into this back to the lie a little later. place — in what I would describe as a clearly gutless and cowardly fashion, knowing that I was not here — The saddest thing about the minister’s lack of integrity and stated that I would have been fully briefed on, fully is that in his desperation to attack me, he impugned the aware of, fully informed about and fully involved with reputation of — — the project brief and the directions given to the consultants by GRV. He did this in the full knowledge Ms Asher — On a point of order, Deputy Speaker, that what he was saying was blatantly not the case. if the Deputy Leader of the Opposition wishes to make a point about the Minister for Racing, the forms of this I say it was blatantly not the case — blatantly untrue — house allow him to do so by way of a substantive because when I learnt of the minister’s gutless and motion. He is not entitled to use the language he has cowardly allegations I wrote to Mr Caley seeking used about the conduct of the minister. clarification about this matter. He wrote back to me, saying he was happy to have the opportunity to put the Mr HULLS — On the point of order, Deputy record straight and comment on the extract from Speaker, we have just heard the Deputy Premier use the Hansard of 30 June. He said: word ‘lie’ on 20 occasions. This is the grievance debate, and I am grieving about the lack of integrity I viewed the minister’s action in authorising this press release shown by the Minister for Racing. Why have a as a gross breach of trust, and I could no longer afford to have grievance debate if you cannot grieve about the lack of my business reputation in the hands of someone who treated integrity of ministers? it with apparent disregard. He went on to say: The DEPUTY SPEAKER — Order! While recognising that the grievance debate is quite a robust The consultancy was not requested by you — one, I uphold the point of order by the member for Brighton. I ask the member for Niddrie to choose that is, me — different words when making his contribution in the as the then racing minister, nor by any other member of the grievance debate. then Labor government. In addition, given the proximity to the election (caretaker provisions) and the fact that the Mr HULLS — The saddest thing about the engagement of a consultant was in the normal course of minister’s lack of integrity is that in his desperation to GRV’s business, to my knowledge, it was not communicated attack me he impugned the reputation of a good, decent to you prior to the change of government. and honourable independent person, a man of great He went on to say in response to the minister’s claim integrity, the then chairman of Greyhound Racing that the consultancy was undertaken in secret: Victoria, Nick Caley, as well as members of the board of that organisation. Mr Caley is a former successful The consultancy was conducted over a seven-month period stockbroker and merchant banker. He lives in Brighton and the process was very transparent — there was no ‘secret plan’ as has been suggested by the current racing minister.
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2905
Mr Caley said quite clearly in this letter that what the Prosecutions, who believed his station in life was to be minister said in his media release and to this house is promoted well beyond his ability. When the reality set blatantly untrue. in, and he realised that his aspirations for promotion were not going to be realised, he was more than happy On numerous occasions on 16 August in this house the to spread rumours — I might say that they were not minister was asked about Mr Caley’s resignation and based on any evidence, which should be a lawyer’s the reasons for it. He was less than fulsome and less stock in trade — about the former DPP. In other words, than truthful in his answers. He wriggled and squirmed he was bypassed for promotion and he decided to trash like a desperate, slimy snake. However, we have a copy reputations as a consequence. of Mr Caley’s letter of resignation to the minister, dated 1 July. It states: We now know that Stephen Payne was a former colleague of the Deputy Premier, as the Deputy Premier Re: resignation as chairman of Greyhound Racing Victoria. said in this place on 28 June. He said: I refer to the Liberal Party press release of June 30th, 2011 entitled ‘Labor threat to country greyhound racing’. I can tell the house that almost 20 years ago I was involved in a professional working association with Stephen Payne in a Suffice to say the press release is a total fabrication. legal firm in Gippsland. In 1992, after I was elected to Parliament, that association concluded. Subsequent to this press release, I believe there is no possibility of a viable working relationship between myself That is what he said in this place. and your office. I now submit my resignation as chairman and as a director of Greyhound Racing Victoria — effectively Dr Napthine — Twenty years ago. immediately. Mr HULLS — That is right, a long time ago; he The fact is the Minister for Racing was clearly had an association with him a long time ago. That is obfuscating in this place. He was slimy and untruthful what he advised the house. He went on to say that he when he came into this place and simply thanked had only infrequent and intermittent contact with Mr Caley for his resignation. He refused to be full and Mr Payne, including a meeting at which Mr Payne told frank in relation to the letter. He knew full well that him about these wild and unsubstantiated rumours, Mr Caley was doing no more and no less than saying which he passed on to a senior minister within the that the Minister for Racing was untruthful. That is the Labor government. That is not new; it was reported in fact of the matter. He knew it at the time that Mr Caley the Sunday Herald Sun some time ago. It is true that the resigned, but he did not have the guts to come into this now Deputy Premier came to see me. He said that he place and say it. had heard rumours about the former DPP. Here is a bloke who has said in the past that you should not act This is just one example of the government being less on rumours, but he was happy to come to tell me about than truthful and undermining independent rumours that he had heard from somebody he had been organisations and people; independent people who are associated with. prepared to work hard for the people of Victoria. I have spoken in this place before about the Kennett What he did not tell me was that he had heard about government’s attacks on the Director of Public these rumours from Stephen Payne. He did not mention Prosecutions (DPP), the equal opportunity anything about Mr Payne. What he did not tell me, and commissioner and judicial independence, about its what he did not tell the house on 28 June, when, abuse of parliamentary practices and about its supposedly, he was in here to set the record straight, undermining of freedom of information processes. I was that he, the now Deputy Premier, had been a have said in this place that the Baillieu government is referee for Mr Payne when he went for a permanent using the disgraced Kennett model as a template to do position of legal practice specialist, advocacy, with the exactly the same thing. DPP in 2009. What he also did not tell me, and indeed Let us take the DPP as an example. We know that wild did not tell the house on 28 June, was that he had also rumours among the legal profession circulate on a written a personal note to me when I was Attorney-General forwarding a copy of Mr Payne’s regular basis. That is not new; it is in the nature of curriculum vitae and an application from Mr Payne to members of the legal profession, who love spreading be appointed as a magistrate. He did not tell the house rumours. But the rumours about the former DPP were outrageous and fuelled by many people from both that. This is somebody he said he had had no contact within and outside the legal profession. One of the chief with for 20 years. protagonists in this matter was one Stephen Payne, a disgruntled employee of the Office of Public
GRIEVANCES
2906 ASSEMBLY Wednesday, 31 August 2011
In claiming to be up-front with me and honest to this government to show that, like the Kennett government, house, he decided to leave out two important pieces of it is becoming more slippery and more slimy every day. information, which went to the depth of his association with Mr Payne, the same person who was spreading Former government: contaminated site rumours about trashing the reputation of the DPP and others at the Office of Public Prosecutions. He may Dr NAPTHINE (Minister for Ports) — We have have been a former colleague, but he was clearly still a just heard a diatribe from the member for Niddrie, who close friend. Just as he did not declare his conflict of is returning to his true form. His contribution says more interest to the Premier, he did not declare his conflict of about the lack of character and the nature of the interest to me. I can only say that the Deputy Premier’s member for Niddrie than about anything else. He has answers were a classic display of rat cunning, which is reverted to his true type of abuse, innuendo and smear. fast becoming a hallmark of this government — a That is the way he operated in the 1990s, and that is the government and its ministers who in public speak way he is operating again. Members will recall that in highly of a person and highly of the independent office the 1990s the member for Niddrie attacked Lloyd in which they serve, such as they did with both the Williams and attacked Crown casino and swore that former police commissioner and the former DPP, but when he got into government he would have a royal who in private appear to aide and abet their demise. commission into that whole matter. However, when he got into government there was no such royal While I am on the issue of a conflict of interest, it is commission, because he is a man who lacks substance. worth noting how this government deals with that. It All he can do is offer smear, innuendo and abuse, and does not understand it. Where we see conflict, it sees the sooner he leaves this Parliament, the better. convergence — and it says that convergence of interest is a good thing! The Deputy Premier’s answers and the What he did not say with respect to Greyhound Racing answers of the Premier in this house are instructive. Victoria was that Nick Caley was hand picked and First he claimed there was no conflict of interest, then, appointed as a member of the board and then as under further questioning, he admitted that he had chairman of the board by the then Minister for Racing, exempted himself from discussions, presumably who is the member for Niddrie. He did not say that the because there was a conflict of interest. But clearly, if Coffey report was commissioned well before the the Deputy Premier’s answers are to be believed, he did former government’s caretaker period. It is beyond not tell the Premier; he just left the room. Under the belief that as Minister for Racing he was not aware of Premier’s informal code of conduct — informal this major review into the future of greyhound racing. because we have not yet seen a formal one — you Let me get on to my contribution this morning. I want declare a conflict of interest that you do not think you to grieve for the people of Victoria with regard to the have simply by leaving the room. You have a situation massive mismanagement and waste of public funds by where every time a minister leaves a room the Premier the previous Labor government in relation to the does not know whether the minister has a conflict of purchase of a highly contaminated toxic site at interest or just wants to go to the toilet. Yarraville. I also want to congratulate the Port of That brings me to the integrity of the Premier. The Melbourne Corporation, which under this government Premier has made numerous statements about open, has almost completed a massive clean-up of this very honest and accountable government, yet when his toxic contaminated site. The history of the 10-hectare ministers and his backbenchers act like slimy snakes site at 221 Whitehall Street, Yarraville, is a litany of and cunning rats, he does nothing to stop them and he financial incompetence and a waste of millions of says nothing to chastise them. He lacks a lot of things. dollars of public money. He does not care about jobs, he does not care about A report on this land prepared by the Victorian families and he does not care about kids in kindergarten Auditor-General in June 2007 found the following key or kids wanting to get skills for a trade. He does not facts, and I will quote from that report. The care about standards. Indeed you have to ask whether or Auditor-General found that: not he has any integrity at all. Environmental consultants had established that the use of the Acting Speaker, you can see why I grieve. At its most property, for the manufacture and processing of acid, fertiliser senior level the Baillieu government is less than frank, and chemicals, and the storage of agricultural chemicals since less than fulsome and less than honest despite its the early 1840s, had contaminated the site. The vendor had commitment to be open, honest and accountable to the occupied the property since 1971. people of Victoria. It has taken just nine months for this Furthermore, on page 20 of that report — —
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2907
Mr Nardella — Is this a different site? that is, June 2007 —
Dr NAPTHINE — It is 221 Whitehall Street. the net value of the site which was purchased for Furthermore, on page 20 it says, and I quote: $13.5 million, was recorded by PoMC —
MPC’s — that is, the Port of Melbourne Corporation — that is the Melbourne Port Corporation, as it was at $500 000. then — In other words, the report is saying that in 2001 John offer for the Yarraville site was made subject to the Brumby authorised the expenditure of $13.5 million of Treasurer’s approval being obtained in line with the public money to buy this land which was highly government’s requirements for capital purchases exceeding contaminated. He did not do proper due diligence; he $5 million in value. This approval was obtained on did not do a proper assessment. He went against 6 September 2001. government processes and personally authorised In other words, the then Treasurer, John Brumby, spending $13.5 million on this land, which six years personally approved the purchase of this property. later was valued at $500 000. That is the sort of financial mismanagement that is characteristic of Labor The Age of 20 June 2007 said the following, and I governments, particularly the Brumby and Bracks quote: Labor governments.
The purchase was rubber-stamped by Treasurer John Furthermore, I refer to page 15 of the Brumby, despite a warning from his own department that Auditor-General’s report where it says: government policy was being ignored, including no assessment of the risks and no mandatory approval from the In November 2003, following the vendor vacating the site, the government land monitor. EPA issued MPC with a notice to clean up the soil and groundwater pollution on the site. According to the report, Mr Brumby was also warned that the site was ‘contaminated and subject to an EPA pollution abatement notice’. It goes on to say: On page 5 the Auditor-General’s report refers to Preliminary clean-up cost estimates for this site and adjoining riverfront land already owned by MPC range from $6 million Melbourne Port Corporation, and I remind the house to $70 million. that the Melbourne Port Corporation was at that time a wholly owned government entity under the control of Mr Nardella interjected. the Minister for Ports and the Treasurer. The report states: Dr NAPTHINE — I remind the house, and I remind the member for Melton, that in the previous MPC purchased the property without sufficient knowledge of government, of which the member was a part, the the site’s environmental condition. A rigorous assessment of previous Treasurer, John Brumby, who he supported, the costs, benefits and risks associated with proposed acquisition was not undertaken. personally signed up to buy this land for $13.5 million. It was valued years later at only $500 000, and the then MPC released the vendor from all responsibility for Treasurer personally exempted the vendor from any remediation of the site and exposed itself to significant future clean-up costs, which the Auditor-General estimated cost. could be between $6 million and $70 million. Six years In other words, John Brumby as Treasurer of this state after the 2001 purchase the land was still vacant. It was signed up to purchase this known highly contaminated worth only $500 000, and the Port of Melbourne site. He ticked the box and said the vendor was released Corporation was facing massive clean-up costs. from all responsibility for cleaning up that site, Mr Nardella interjected. irrespective of the cost of that clean-up. How irresponsible! What disgraceful mismanagement and The ACTING SPEAKER (Mr Morris) — Order! abdication of the proper responsibilities that the The minister at the table. Treasurer should have applied. Dr NAPTHINE — Today I am pleased to advise I further quote from page 1 of the Auditor-General’s the house that remediation works and site improvement report with regard to the auditor’s valuation at that time. works commenced in February 2011, nearly 10 years The Auditor-General said: after the land was originally purchased by John At the date of audit — Brumby.
GRIEVANCES
2908 ASSEMBLY Wednesday, 31 August 2011
Mr Nardella interjected. to lease it out to a third party and it may or may not be used for port-related purposes. The ACTING SPEAKER (Mr Morris) — The member for Melton has had a good go. This is an absolute scandal and disgrace, and every member who was a minister in the former government Dr NAPTHINE — The remediation works have and who sat around the cabinet table and was party to included the demolition and removal of many old these decisions should hang their head in shame. They buildings, with the exception of the historic Dee should apologise to the people of Victoria for this waste Cottage which was built in 1880 and has a historic and mismanagement — and this is not the only waste overlay; that has been retained. There has also been the and mismanagement they should apologise for. They removal of significant amounts of old roads and should apologise for myki, an absolutely disgraceful concrete structures. There have been massive waste of money. They should apologise for the absolute earthworks and capping undertaken on this site; the scandal of the desalination plant that is costing people capping with clay soil and other soil is up to a metre $2 million a day for the next 30 years. deep to protect the site. Honourable members interjecting. All the works have been undertaken with appropriate expert advice and under the supervision of the The ACTING SPEAKER (Mr Morris) — Order! Environment Protection Authority, and they will effectively seal contaminated material under that Dr NAPTHINE — In 2006 the Labor government capping. A site that was highly contaminated was promised never to take water from the north to the purchased by the previous Labor government and south, and then at a cost of $750 million we have a personally authorised by John Brumby for white elephant of a north–south pipeline. They should $13.5 million when it was worth only half a million apologise and the former Minister for Racing should dollars and was facing massive clean-up costs. apologise — —
Ms Pike interjected. Honourable members interjecting.
Dr NAPTHINE — We know that the member for The ACTING SPEAKER (Mr Morris) — Order! Melbourne is interjecting, but she sat around the cabinet table when this waste and mismanagement took place. Dr NAPTHINE — The former Minister for Racing She was part of the decision-making process and ought should apologise for his involvement in the absolutely to bear some responsibility for the cost to Victorians of disgraceful and abysmal mismanagement of the this financial scandal. I wish to advise the house that the electronic gaming machine sale. The Auditor-General cost of remediation works undertaken by the Port of said, ‘These should have been sold for over $4 billion’, Melbourne Corporation which commenced in February yet they were sold for less than $1 billion: $3 billion this year was approximately $14.5 million. I flushed down the drain because of the incompetent congratulate the Port of Melbourne Corporation for mismanagement of the former Minister for Racing, delivering this outcome and making a silk purse out of who was also the former Deputy Premier, and his a sow’s ear at a much lower cost than the $70 million cohorts. It is an absolute disgrace, and it comes on top upper estimate suggested by the Auditor-General in of the decision that the former Minister for Racing was 2007. involved in when the then government decided in 2008 to take away from the racing industry access to 25 per The coalition government was elected to fix the cent of its revenue from Tabcorp gaming machines. It problems it inherited from the previous Labor was an absolutely disgraceful decision, and I am sure if government, and it is fixing them at a much lower cost he had his time again even the former Minister for than was previously estimated. The land is almost ready Racing would reverse that decision, because he regrets for use and will be made available for lease. It is that decision and knows it hurts racing. interesting that the land will be leased, hopefully to people associated with port usage who can make good The ACTING SPEAKER (Mr Morris) — Order! use of the land. When the land was originally purchased The nature of the grievance debate is of course robust, by John Brumby it was because it was absolutely but the cause of the house is not advanced by members essential to the future of the Port of Melbourne shouting one another down, and I am not going to put Corporation. Now we find that the Port of Melbourne up with such behaviour continuing. Members should by Corporation is saying that it inherited this basket case. all means enjoy robust debate, but shouting people We fixed it up at a cost of $14.5 million, we are going down is not acceptable.
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2909
Government: performance own false promise of integrity. Integrity does not come naturally to this government, in the same way that Ms HENNESSY (Altona) — I rise to grieve for the making false promises does. people of Victoria, who for almost nine months now have been subjected to a government without a shred of Let me talk a little about the ministerial code of integrity. As this government approaches its first year conduct. When I consider the turnover that it would milestone it is worth the house taking the time to reflect have caused on his front bench I can understand why upon how this government has stood up to its promise the Premier may have been dragging his feet. Because to the Victorian people that it will govern with integrity. within weeks of making this promise the government When I look around all I see is a dark and wild field was caught red-handed offering cash for access — littered with inflated expectations, arrogance, hubris 10 ministers, cocktails for 300 and all funds to the and dashed hopes. We must remember that on the day Liberal Party 500 Club. When the Premier was the Premier was sworn in he promised the people of confronted about the appropriateness of this activity he Victoria that he would behave with integrity and deliver tried to tell Victorians that this event was not a a government that was open and transparent. Unlike fundraiser but was just a get-together — a get-together most people who might have a bit of a go at trying to run by the Liberal Party fundraising body. meet that commitment, this government has barely honoured that commitment in the breach. It has done Who was at the event from this government that was so nothing and it has delivered nothing. tenaciously committed to integrity? There was the Minister for Ports, there was the Minister for Education, What is more worrying is that there is nothing stopping there was the Treasurer and there was the Minister for it from delivering on its promise to act with integrity, Health. They were all at the event. Whilst maintaining except its own self-interest and cynicism. It is a that this was just a get-together, which happened to be particularly loathsome cynicism that drives people to run by the Liberal Party fundraising body, Mr Baillieu’s promise something that they have absolutely no office refused to provide a list of who had attended. intention of doing. It does nothing to enhance our That begs the question: if it was not a fundraiser, if it Parliament in the minds of those it purports to was just a simple get-together, what did Mr Baillieu represent. have to hide?
A quick survey of the field when it comes to the After the February soiree the Premier gave a government’s promises, policy commitments and commitment that there would be no more ministerial public statements is that they are at their most attendance at Liberal Party fundraisers. He did say there meaningless when they relate to integrity in would be no more until his ministerial code of conduct government. On his own website the Premier had been released. Back then the Premier said that the announces: code of conduct would cover ‘ministers and staff, fundraising and gifts and hospitality’ and he said it The coalition is committed to achieving the highest standard ‘would be promptly released’ — this was in in government integrity by establishing new bodies and new powers to root out corruption and ensure every Victorian can February — ‘to provide greater clarity for MPs about have faith in government and elected officials. the sort of activities that were appropriate’. Victorians were waiting then — and we are still waiting. These words have been there for almost one year now, but as yet we have seen neither hide nor hair of an While we were waiting, despite the fact that the IBAC (independent, broadbased anticorruption Premier had a ban on his ministers attending commission), a ministerial code of conduct or an FOI fundraisers, what did we have on the morning of the commissioner. When Victorians ask this government Victorian budget? We had the Treasurer attending a about this they are told that the government is ‘working budget breakfast organised by — you guessed it — the on them’. Meanwhile we discover ongoing Liberal Liberal Party 500 Club. This was despite the Premier’s Party fundraisers, Liberal donors benefiting from alleged kybosh on his ministers attending fundraisers. government planning policy, and a shoddy approach to When confronted about this issue what did the FOI and FOI requests being processed in the Premier’s Treasurer, Mr Wells, say? Mr Wells said that this was office. They have had the time and the resources to not a fundraiser because the event only broke even. I deliver on this promise. have to tell members that when it comes to integrity in government, there is no breaking even — you either When it comes to integrity we know that the coalition have it or you do not. However, I do understand why flesh is weak; but what is most concerning is that its you would put the Victorian Treasurer in charge of spirit is also completely unwilling to step up to meet its fundraisers that only break even: because if the
GRIEVANCES
2910 ASSEMBLY Wednesday, 31 August 2011
Victorian Treasurer is involved, the Liberal Party Allen, I might add, that the government has appointed fundraisers will always break even or be in debt, and on its IBAC advisory committee. that appears to be the government’s get-out-of-jail card. Even his own party is criticising the Premier. I note that More recently the Baillieu government has been in in early July the Age reported: strife in respect of Business First and its fundraising activities. I will briefly refer to an event that occurred According to a senior Liberal source who is closely involved, the party is now ‘$2 million in the soup’ because of the on 24 May at Parliament House. The event was ‘glacial approach’ adopted by Mr Baillieu and his senior staff. attended by the planning minister, again despite the Premier’s alleged kybosh on attending fundraising In late July this year the Age also reported that events. The 24 May shindig was also attended by a Mr Baillieu would not say who was developing the development industry lobbyist, Mr Geoff Leigh, who of code or if, when it was finalised, it would bar ministers course was the former Liberal Party member for from functions hosted by large corporations. As Mordialloc. The Age has reported that the planning reported in the Age Mr Baillieu said — now wait for it, minister has refused to make public how many times he because this will give you a great, big belly laugh: and his staff have met with Mr Leigh since the election. I’m not going to pre-empt the code that we’ve put in place. How did the government attempt to deflect attention We’ve been focused on governing this state and we’ll get round to — away from yet another fundraising event? Its pathetic excuse this time was, ‘This was not a fundraising event it. I do not know what is more laughable, the Premier’s because — well, because we say it wasn’t’. I am a fan mendacious assertion that he has been too busy of George Orwell, but never before have I heard such governing the state or, what is more disturbing, that the an Orwellian defence: ‘This is not a fundraiser because Premier seems to think that integrity ought to be an we deem it not to be’. Even though it was an event afterthought and that he does not think that governing organised by a Liberal Party fundraising body, even with integrity is something that he can achieve. If we though those who attended were very clear about what judged him on his present conduct, he would indeed be they were paying their money for and even though this right on that assertion — ‘We’ll get around to it. We’re money was subsequently and inconveniently declared too busy conducting fundraisers that aren’t fundraisers’. very late to the Australian Electoral Commission as fundraising money, the government simply says, ‘This Six months ago the Premier announced there would be wasn’t a fundraiser’. the creation of a code of conduct for ministers and their staff. In that time we have seen ministers and advisers Perhaps we understand why this government has failed run a campaign against the police commissioner, the to deliver on its code of conduct. It has failed to abide undermining of the Director of Public Prosecutions, by its own freeze on fundraisers. It has failed to deliver secret payments from the Liberal Party fundraisers to on its promise to require public records to be kept of all pay for legal expenses, the acceptance of secret funds meetings between ministers, their staff and lobbyists. from developers and Liberal Party mates involved in The Premier has stymied, delayed and dithered on the what can only be described as shoddy corporate delivering of his code of conduct, and is it any wonder? behaviour. Perhaps the code is taking so long because Week after week questions are raised about the the Premier is in fact looking for a way to water it standard of conduct of the government’s own front down. It is a sham commitment and a sham code. That bench. This Premier has failed to deliver a government is because integrity does not come naturally to this that has behaved either properly or appropriately. government in the same way that making false promises does. Recently I asked the Premier about the code of conduct in the Parliament and he said, ‘It will be delivered this Let us also look at the delay in the establishment of the year’, despite in February saying it would be out and IBAC. The IBAC was going to be the integrity released promptly. I make the point that the centrepiece for this government, and we have been development of a ministerial code of conduct is not waiting for at least two months. It is overdue now given rocket science or a deeply onerous task; there are that it was meant to be operational on 1 July. In June various jurisdictions from which the Premier could this year the best the Premier could say was that he was borrow. But when one goes to the Premier’s own not quite sure when the IBAC legislation would be Department of Premier and Cabinet website and introduced. I now understand why an IBAC might be a conducts a search, what pops up? A draft ministerial slight inconvenience for a government that has behaved code of conduct, the one that was developed by in the way the Baillieu government has, especially with Elizabeth Proust and Peter Allen — the same Peter the recent revelations about our planning system. Let us
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2911 not forget that on 19 July the Age revealed that Liberal not, after what we have had to listen to from the other donors were poised to hit paydirt. The Age reported that side of the house? Who would not want an opposition three people, and I quote: that would own up to wasting billions of dollars; one that had even one policy; one whose members did not … all with close links to the Victorian Liberal Party — are spend all of their time making personal attacks; one that poised to share in a $500 million bonanza from a controversial land rezoning on Melbourne’s fringe by the stood up for Victorians, not its colleagues in Canberra; state government. and one that had an understanding of job creation and the role of business in creating jobs, of productivity and The paper went on to report that these people have of economic strength, growth and stability? directed thousands of dollars into Liberal Party coffers and that they will be among the first beneficiaries of the The Labor Party boasted of a AAA credit rating when it Baillieu government’s move to open up green wedge was in office. Everyone knows that it is what underpins land to housing and commercial development. the economy that is important. Even the United States maintained its credit rating before and throughout the Among those involved has been Mr Leigh, a former global financial crisis, so those opposite have nothing to member for Mordialloc and now a development boast of. The truth is that the fundamentals were not industry lobbyist, who seems to hang out with the maintained under the former Labor government. There Minister for Planning at soirees that may or may not be was sliding productivity. I suggest that those opposite fundraising events. But last month the Age revealed that look up the word ‘productivity’ in the dictionary. A Mr Leigh had founded Business First and that Business lesson for the Labor Party is that when the population First had breached electoral laws by failing to declare increases, our output needs to increase, and that tens of thousands of dollars in donations to candidates improves productivity. It does not stay the same, and it who now sit on the government side of the house. should not decrease.
This government continues to lurch from crisis to crisis An honourable member interjected. when it comes to integrity. Integrity does not come naturally to this government. Is it any wonder that it is Mr Nardella — Is it in the Macquarie? dithering and delaying with regard to the establishment of a freedom of information commissioner? Is it any Ms RYALL — I think the member opposite who is wonder that it has installed a freedom of information calling out would be wise to look up productivity politburo in the Premier’s office to ensure that the because both of the things that happened under the Victorian public does not get unfettered access to core former Labor government caused a slide in documents that demonstrate how all is rotten to the core productivity. In other words, if the population grows in this government? Is it any wonder that we feel but our output does not, then productivity goes frustrated by the fact that there are now over backwards. When productivity declines we have an 5000 unanswered questions on notice under this unstable economy and we are vulnerable. Victorians are government? The Premier stood before the people of vulnerable, our economy is vulnerable, and that is what Victoria and promised to be open and transparent. He we saw under the government of those opposite. promised to act with integrity. Is it any wonder that we Improving productivity means working smarter; it now have the Ombudsman ticking off the Premier’s means improving efficiencies. Instead we have no office with respect to how it is administering FOI improved — — applications? This comes on top of the government simply putting its head in the sand over its shoddy Honourable members interjecting. involvement with Liberal Party fundraising. Mr R. Smith — On a point of order, Acting In normal circumstances, under our wonderful system Speaker, I ask that you afford the member for Mitcham of democracy, governments are trusted by the people a little protection from the constant chatter coming from they represent, but it seems that we do not live in opposite. normal circumstances. Integrity does not come The ACTING SPEAKER (Mr Morris) — Order! naturally to this government in the same way that I made the point before I called the member for Altona breaking promises does. that — —
Former government: performance Mr Noonan interjected.
Ms RYALL (Mitcham) — I grieve for the people of The ACTING SPEAKER (Mr Morris) — Order! Victoria who want a credible opposition. Who would The member for Williamstown! I made the point before
GRIEVANCES
2912 ASSEMBLY Wednesday, 31 August 2011
I called the member for Altona that the nature of the its system was flawed but did nothing about it. That is debate is obviously robust but shouting people down another $4100 million that Victorians will not see used and constantly interjecting does not assist the work of to provide services in this state. What did members the house. If necessary, I will ask the Speaker to return opposite do? Did they pick up the phone? Did they ring and deal with people. I do not want to take that step so I the federal government and say, ‘No, don’t do it; don’t ask that we show some courtesy towards our do it to Victorians’? I do not think so. There was not a colleagues. word, not a whisper. Not once did members opposite stick up for Victorians. Not once did they pick up the Ms RYALL — In other words, if we have phone to call the federal government and say, ‘Don’t do population growth and our outputs do not increase, we it to Victoria’. are in effect going backwards — we put the Victorian economy under stress and we cause instability for our It is said that ignorance can be fixed but stupidity economy. We need to work harder, smarter and more cannot. I am not quite sure which one applies here, but I efficiently. Under the former Labor government we had know of some good undergraduate courses in no improved efficiencies; we actually had productivity economics and financial management that those going backwards. The Victorian Labor Party is a little members opposite might be interested in. I grieve for bit like an athletics club that has set a record of Victorians who want the state Labor Party to stand up 35 seconds for the 100-metre sprint. Labor Party for them. They want the Leader of the Opposition to members cannot quite figure out why no-one is taking stand up for them. They want him to pick up the phone any notice of them, no-one is interested in what they and ask Julia Gillard, the Prime Minister, to not do what have got to say, no-one invites them anywhere and she is doing to Victoria and to say, ‘Don’t implement a no-one wants them anymore. One can only imagine in carbon tax now. We cannot afford the stress on our their party room meetings their self-congratulation and manufacturing industry and small businesses — and patting each other on the back, while on this side of the there will be a cost in terms of jobs for Victorians’. I house we are left to deal with a legacy of waste and call on the Leader of the Opposition to pick up the mismanagement — billions of dollars having been lost phone. and wasted under the former government — and to try to manage the state to provide Victorians with the I grieve for the many small businesses that keep this services they need. country going. They are faced with a carbon tax that will make it harder to stay in business. Having run a I grieve for Victorians for the lost billions of dollars, business, I understand how hard it is to stay in business. which is money they will never see, including the loss It is businesses that create jobs, and businesses need of $3 billion in gaming revenue — that is, stability at a time of global economic uncertainty. $3000 million — that Victorians will not see — — Recently a business owner called me at the Mitcham electorate office. He was imploring the federal Mrs Victoria — How much? government not to introduce the carbon tax. His energy bills are very high, and they are going to go higher. He Ms RYALL — It is $3000 million lost, thanks to is not sure his business can sustain them. He employs the former member for Mitcham and the members of a approximately 22 people. He is not sure whether he is former subcommittee of cabinet who collectively had going to have to say goodbye to those jobs, goodbye to no experience in commercial practice outside of their his business and goodbye to his staff. political careers. They blame everyone else, do not look at their own circumstances and situation and say, ‘They Victorians want the state Labor opposition to pick up were to blame’. the phone and call the federal government and say, ‘Do not introduce this tax now’. How many other business The desalination plant will cost Victorians nearly owners are going to find themselves in the same $2 million every day for the next 30 years. Tim’s tax circumstances, including facing the same increasing means Victorians will pay nearly $2 million every day energy costs and no personal compensation, as the for the next 30 years. I grieve for the billions of dollars business owner in the Mitcham electorate who called of project cost overruns, including the cost overruns of me? myki, smart meters, the north–south pipeline and HealthSMART. I believe every IT project ever Mr Nardella interjected. undertaken under the former government had cost blow-outs. There was a failure to manage. The federal Ms RYALL — The member opposite plays a Labor government took $4.1 billion in GST receipts fictitious violin. I can see he has absolute disregard for from Victoria. The federal Labor government admitted people in small businesses who actually create jobs.
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2913
Opposition members carry on about jobs as if they are used to playing in the dirt. They set up a dedicated dirt not real, but employers and business owners in small box and have the audacity to talk about integrity in this businesses take risks and create jobs. Here is the house. confusion: Labor wants employers to create jobs, yet they hate employers and they hate business. Labor is Mr Foley — You would be surprised what we know stuck in the last century — or, hang on, the century about you. before — and in a pre-industrial revolution class warfare mentality. Labor members want the people Ms RYALL — That is so true to form. Those they hate to create jobs. I find that a little bit hard to opposite cannot look at themselves and their own understand. It is an illogical position — it is totally at performance; they are interested in only dirt on others. odds with itself — yet they expect us and Victorians to The comment from the member for Albert Park just take them seriously. then absolutely demonstrates that. The Melbourne Times Weekly of 3 August tells us that we have a major If businesses were horses in a horse race and Labor was ALP branch, the Collingwood Fitzroy ALP branch, the handicapper I think we would see something like calling on the opposition to support establishing 150 kilogram weights strapped around every horse in injecting rooms in the middle of residential areas. Yet the race. Labor members would expect the businesses the Labor Party is saying, ‘No, that’s not our policy’. to run the race. They would expect them to run the race Labor members are confused and bereft of ideas in a and break records, but then they would castigate them policy-free environment. They are flapping around in for not doing a victory lap after the race to wave to the the wind, not sure of what direction they are heading in. crowd. That is what they are doing to business by They put upward pressure on the cost of living. They supporting the carbon tax at this time and by not will not pick up the phone to Canberra. They were in standing up for Victorians. They are putting a lead power and now they are out of power. They keep weight around small and medium businesses, calling on this side of politics to manage the economy, manufacturing and those things that will create jobs and yet they have put cost of living pressures on every economic stability in this state. Victorian in this state, and they are calling for further cost of living pressures. They will not pick up the I grieve for Victorians who have not seen a single phone to the Prime Minister, Julia Gillard. They will policy come from the Victorian Labor Party; it has not not do anything; there is absolute silence. There was not brought out a single policy. No-one knows where it a word from those opposite when Victorians were stands. It is so bereft of policies that it is even sending clearly saying, ‘No, not now’. The Leader of the out its new MPs in search of a policy so a policy can be Opposition is Dan the Man with no plan. found. There is also the dirt post office box. The public has been called upon to supply dirt to the Labor Party; I grieve for those Victorians who want a credible the Labor Party is used to playing in the dirt. The Labor opposition instead of an opposition that is known for Party is so used to playing in the dirt that it has set up a smear campaigns and personal attacks. We heard earlier dedicated dirt post office box. There are contradictions name calling across the chamber. The Deputy Leader of all around. There have been letters to the dirt box that the Opposition seldom puts a tweet on Twitter that is have not been answered. not a personal attack on somebody. The constant smear campaign and innuendo is not becoming of elected In a letter to the editor in the Age of 6 August, David members of Parliament. I sympathise greatly with and Davies from Newport said the letters that he wrote grieve for the Victorian people who long for a credible when he was an ALP member to make complaints opposition. about branch stacking, the misuse of union affiliation and other unethical actions to Martin Pakula, a member Liberal Party: political activity for Western Metropolitan Region in the other place, and to Labor Party officials, went unanswered. He sent Mr DONNELLAN (Narre Warren North) — I Mr Pakula copies of these unanswered letters and sent a relish the opportunity to deal with various matters. new one to the dirt box. But guess what happened? It There are many grievances that need to be ventilated. was not answered. We have a dirt box coming back in Specifically I want to talk about the tentacles of the but no answer to the dirt that is being supplied. Liberal Party reaching out to various local councils and the undue influence the Liberal Party has over various Opposition members do not want to look at themselves, council decisions. Local government is an inappropriate they do not want to examine their own consciences, area for members of Parliament to be interfering in. they do not want to deal with anything. It is interesting that those opposite talk about integrity when they are
GRIEVANCES
2914 ASSEMBLY Wednesday, 31 August 2011
Let us look at some evidence of interference. One First sent out. This is the same group that forgot to put councillor specifically is a bit of a mummy’s boy. His in its annual returns to the Australian Electoral name is Cr Paul Peulich. I have recently had drawn to Commission. The first one has a lovely picture of my attention an email from Cr Paul Peulich to John Mr Guy smiling as if to say he is always available to Nevins, the CEO of the City of Kingston. This email assist. On the front page it states that a meeting with deals with one specific issue, and that is notice of a Mr Guy will cost new and existing Business First motion that Cr Peulich wanted to have moved. This members $60 — that is not bad — or $100 if the notice of motion relates to an upper house inquiry into member wants alcohol and lunch. There we go; there is public transport. Halfway through the email the notice the smiling minister ready and available to assist! of motion appears, and clearly it is exactly the same as the one that appeared in the City of Kingston minutes The next one, hosted by the Carrum and Mordialloc and notice paper. Electorate Conferences, features two smiling blonde cherubs; they have big smiles, white teeth and a little bit Unfortunately what someone had forgotten to do — of light behind them — it is a little bit saintly; they must and I guess it was the councillor himself — was remove be going for the Christian vote, I would suggest. It the identifier, which showed that this email actually looks as if someone has been doing a bit of airbrushing. came from Andrew Dosen, an electorate officer for That one costs $50, so that is not bad; it is a little bit Inga Peulich, an MLC for South Eastern Metropolitan cheaper. Region and the Parliamentary Secretary for Education and Parliamentary Secretary for Families and The third one I love most of all. The third one is for the Community Services. It appears as if this councillor has Treasurer. Guess what? There is no shiny picture of the an inordinate amount of time to focus on upper house Treasurer; there is no smile unfortunately. Best of all he matters. His agenda is obviously being driven by his is a bargain; a meeting with him costs $15 to $25. It is mother — surprise, surprise! It is something which we Ken Bruce has gone mad time! You have to pay $60 to were told was totally inappropriate when we were in $100 for the planning minister, $50 for two members of government. Parliament and Mrs Peulich, but you can get the Treasurer for $15 to $25 — that has to be the bargain of Another matter which has been drawn to my attention the century! He is an absolute bargain; I cannot believe involves another email from the same gentleman in the he is so cheap. Obviously no-one wants to attend and office of a member for South Eastern Metropolitan they cannot give him away. I thought that was all right, Region in the upper house. It is an invitation to all the but then this stuff blew up and the member for local Liberal members of Parliament to catch up with Mordialloc had a fireside chat with Royce Millar in the City of Kingston. It is a nice little invite. The email Braeside to clear the air over what went on there. from Andrew Dosen of the office of Mrs Inga Peulich, Unfortunately it did not seem to clear the air; it just MLC, states: ventilated the story a little bit, which I thought was rather amusing. I heard some of the friends of the This meeting will be critical to determining the direction in member for Mordialloc were not too impressed by that. which we tackle the Kingston municipality … I do not know what that means, but the term ‘tackle’ is But then I came across the 500 Club. That involved an aggressive term. Obviously there have been some even more joy. Justin Lethlean, whom I know, is a concerns in relation to the City of Kingston and the well-known specialist in property and planning. There federal Liberal members. I noticed the federal member is an invitation to 500 Club members, and the best thing for Goldstein, Andrew Robb, refused the invitation. I about it is the fact that you can get the Victorian do not know who else got an invitation. The email goes government’s ministerial code of conduct before its on to state: upcoming release. How marvellous! No-one has seen this code of conduct but somehow or other the … and Inga would like to know if you will be in attendance. 500 Club will get it before the rest of us, which is pretty good. In other words, we have a situation where the Obviously we have another staff member of a member 500 Club members will probably know more about of Parliament being involved in council activities, what should be done in relation to the ministerial code which I thought was considered outrageous by the other of conduct and fundraising than the public of Victoria side some time ago but now seems to be appropriate knows. Maybe we should send some people along to behaviour. that special briefing that is being offered by the Liberal 500 Club. The most fun involves Business First. I was fortunate enough to receive copies of the invitation that Business
GRIEVANCES
Wednesday, 31 August 2011 ASSEMBLY 2915
I want to get onto some other things which outraged me Mr Abercrombie told the Age: recently. I received an invitation from the Casey Demons Supporter Group. It came to my email inbox I did meet with the ANZ Bank to discuss a debt facility for DRN … They asked many probing questions which led me to and was addressed to Casey members of Parliament engage Promentor to investigate DRN. Save for being cc’d and Casey councillors. It came from a gentleman called without notice, I was not involved in the communication Gary Anderton. We know Gary Anderton has a rich between Mr Tescher and Mr Evans. history. If we remember correctly from the Age and the Herald Sun, this was a gentleman who called I have an email here which quite clearly identifies that Aborigines congenitally drunk and violent, so I was Mr Abercrombie had direct discussions via email with very concerned when I saw that this gentleman was part Mr Tescher of Promentor. It says: of the Casey Demons Supporter Group sending out Please leave it to me to explain proceedings to BE — invitations to meet — guess who? — Liam Jurrah. I have let the Melbourne Football Club know that this Brian Evans — gentleman is probably not the appropriate man to be sending out invitations in relation to such a fine relates to a potential funding source. Aboriginal footballer, especially when he goes round What I have is a group of emails which highlight that calling Aborigines congenitally drunk and violent. It is these businessmen were playing ducks and drakes. quite concerning. I know that the Melbourne Football They were trying to set up Trojan horses and pretend Club was quite horrified when it heard about that and that they were doing it on behalf of the ANZ Bank. The will be dealing with it accordingly and reasonably ANZ Bank has said quite clearly that it had never had quickly. an involvement with this group called Promentor, but I have emails here which quite clearly identify that there Best of all, I came across another thing. We call it the were discussions between Mr Abercrombie and Max Moose special. It is a marvellous recruiting tool. Mr Gary Tescher. At the end of the day his statement in Cr Ben Clissold from the office of Lorraine Wreford, the Age does not appear to be correct; it appears to be MP, has a little website, and it has links to the Young dishonest. Liberals and encourages young Liberals to join and so forth. The best thing it does is promote places like Icon, I think this needs to be dealt with. I think it is The Loft and Spy Lounge — places which have lost incumbent upon the Premier to deal with this issue. their liquor licence. I do not know what messages we You cannot have a treasurer at the peak of the are sending there. It promotes cheap drink cards, short fundraising effort of the Liberal Party who is under dress competitions, stripping competitions and question, who appears to have potentially been dildo-swallowing competitions. I do not know whether involved in insider trading and who appears to have they are the messages we should be sending to the been playing Trojan horses. That is simply not youth, but maybe it is something the Young Liberals appropriate. Why did the Costello and Kroger forces enjoy greatly. Maybe it is something that gets the withdraw their support for his running for the seat of young Liberals to come along and join, but I am not Higgins? Did they know something that we do not sure that they are appropriate messages. This is the know? Did they actually smell the wind and decide same Cr Ben Clissold who was able to secure training they would withdraw their support? The Premier did facilities at the Narre Community Learning Centre for not. He actually appointed Abercrombie as treasurer. the Liberal Party before the last election. I would hope, given he was the chair of that organisation at the time, It is quite amusing that we have one faction of the that an appropriate fee was paid for the use of that Liberal Party deciding Abercrombie is not good enough training centre. for the seat of Higgins and another lot actually appointing him as treasurer to be at the peak of their I think what is most concerning is what we saw in the fundraising effort. We know their fundraising efforts Age this morning, which was an article in relation to are dodgy. We have looked at Business First and we Andrew Abercrombie. It states: have looked at dodgy things. You can get the Treasurer for a bargain from these groups. The Treasurer is only Leaked … documents reveal that Mr Abercrombie, the Liberals’ Victorian branch treasurer, was party to a plan to worth $15. dupe fellow businessman Brian Evans into releasing confidential information about his telco company, Digital I would have thought it is incumbent on the Premier to River. deal with this issue head on. You have to wonder why Mr Abercrombie has not taken out proceedings against I am fortunate enough to have copies of those emails. the Age. If he has been defamed so badly, why has he
STATEMENTS ON REPORTS
2916 ASSEMBLY Wednesday, 31 August 2011 not taken action? I would have thought that proceedings pressures that will confront the state and the Victorian would have started, but no, proceedings have not community over the next four or so years. started. When the Premier was asked about this his defence was hardly glowing. This is a media The government came to office with an agenda for conference transcript from 2 August 2011. It states: openness and accountability, and I think it was very reassuring to see that commitment reflected during the Well, he’s going to make a statement about it, and when he’s budgetary process in the work done in presentations to made a statement about it, then you can ask me a question. the estimates hearings. The presentations to the That was all he said. If this is a defence of his mate, estimates hearings are a work in progress that has been God help his mate. At the end of the day that is not a ongoing for many years. I have no doubt that it is a very good defence. This guy is a joker. process supported by members on both sides of this house. Even if perhaps at times it is not supported by You cannot avoid dealing with serious questions like the executive, I believe it is a process during which we this. If this were the head of the Labor Party’s are all striving for improved understanding and clarity fundraising effort, those on the other side would be with regard to both the estimates process and the budget squealing at 100 miles an hour. But since it is the papers themselves. Liberals, there is one rule for the rich and one for the poor. This Premier has not dealt with any of the issues With the change of government there have inevitably of substance here; he has avoided them. All he has said been changes to the structure of the document, as of is ‘Well, he’s going to make a statement about it, and course there have been changes in terms of the new when he’s made a statement, then you can ask me a government’s priorities. Some programs have been question’. They asked him a question, and he still did discontinued and some have been varied. Significant not answer it. cost pressures arise from both the revenue and expenditure sides of the budget, and there are also Honourable members interjecting. public sector wage pressures with which we need to deal every four years or so. We have a significant The ACTING SPEAKER (Mr Weller) — Order! number of cost overruns and what appears to be a Those members not in their places should remain quiet. substantial decline in economic conditions; there is certainly a substantial slowing in economic growth. In Mr DONNELLAN — Thank you, Acting Speaker, their own way all of these aspects create pressures. In for defending me against that rabble. I needed that terms of pressure, perhaps the single most significant defence. This is a disgrace. The fundraising of the item is a substantial reduction in the state’s share of the Liberal Party is also a disgrace and needs to be fixed goods and services tax. up. Some of the key themes in the budget reflect both the Question agreed to. changes and the pressures. There is an emphasis on strengthening Victoria’s finances, on boosting the state economy, on the flood response, which was entirely STATEMENTS ON REPORTS unanticipated but has been incredibly costly in both Public Accounts and Estimates Committee: human and financial terms, and we are all aware of cost of living pressures. There are the challenges of budget estimates 2011–12 (part 1) community safety, of rebuilding the public transport Mr MORRIS (Mornington) — It is a pleasure to system, of promoting continued growth and prosperity have the opportunity to make some further comments in regional and country Victoria, of improving the about part 1 of the Public Accounts and Estimates health and hospital systems, and of maintaining a Committee report into the estimates hearings for the credible emphasis on education and skills, which is a 2011–12 budgetary year. I made some preliminary very important part of what we do as a state. We also comments about this report on 1 June when I talked have an emphasis on supporting local communities and about the general structure of the report, its background, on integrity in government. the process for the hearings and in particular the I commend the Treasurer and his department on their substantial editorial changes that have been made to the work in presenting this budget. I am sure that the work report. Today I want to concentrate on some of the key undertaken so far is but a precursor for improvements issues raised as part of the estimates process. If time in budgets to come. The document is a valuable permits I will also talk about some of the budgetary summary of government initiatives, and I commend it to members.
STATEMENTS ON REPORTS
Wednesday, 31 August 2011 ASSEMBLY 2917
Public Accounts and Estimates Committee: last week, telling schools in my electorate — budget estimates 2011–12 (part 1) hardworking teachers and enthusiastic students — that their funding for coordination of VCAL will cease at Ms GRALEY (Narre Warren South) — It is a the end of the year. pleasure to speak on part 1 of the PAEC (Public Accounts and Estimates Committee) report on the The Minister for Education told PAEC that there will 2011–12 budget estimates. I will focus my remarks on be no impact on front-line services and no job losses the education hearings and particularly on the resulting from the $480 million cut. But VCAL is a transcripts of the contributions of the Minister for front-line service. Over 400 students at Narre Warren Education and the Minister for Higher Education and South P–12 College do VCAL, and the suggestion that Skills. When reading the transcripts you are left in no a cut in coordination funding will not affect the delivery doubt that both ministers had to defend at length the of that service is not true. As for the minister’s promise Baillieu government’s $480 million worth of education of no job losses, if there is no VCAL coordination cuts. I put it on record — and I am very saddened to say funding, there are no coordinators and no teachers. this — that they were defending the indefensible. As Teachers’ jobs will be axed. It is no wonder the Baillieu we know, education is the key to a good job and a government does not have a target for job creation stable future, but I do not know whether the junior and when it is actively undermining the abilities of our the senior ministers for education know that a typical young people to secure a job after they finish school. classroom is not for everyone. I note in the PAEC transcript that the Minister for The previous government was committed to ensuring Higher Education and Skills takes credit for funding the that every young person had the best possible education Berwick trades career centre at Chisholm TAFE. As that suited their needs and interests, which is why we has been the case with many of the worthwhile projects invested heavily in higher education and training. We that Labor took to the last election, the Baillieu are particularly proud that we established the Victorian government had to be dragged, kicking and screaming, certificate of applied learning (VCAL), which has seen to deliver this project, and while I was pleased that the many young people who otherwise would not have trades career centre did not fall victim to this done so finish school. Victorian retention rates are government’s cruel and callous education cuts, I was good, and given its policies and education cuts it will be shocked by the government’s decision to scrap the a challenge for this government to maintain those high apprenticeship completion bonus. This move has put retention rates. This is particularly so in rural areas. the jobs of 14 000 apprentices at risk, many of whom VCAL has given many young people the opportunity to live in my electorate. be job ready when they finish school. The PAEC hearing transcript shows that when In the PAEC transcripts both the Minister for Education questioned about this the minister admitted that and the Minister for Higher Education and Skills are previous ministers managed to secure funding every reported as dismissing the $480 million of cuts from the year for this program but he was unable to do so this department of education as not having a significant year. His excuse that it is a lapsing program decodes to impact on front-line services. I was astonished by this mean: just another cut to education. argument as it appears in the PAEC transcripts, as it defies logic. How could the government remove I recommend to members of Parliament that they read $480 million from education without negatively these transcripts, as it is very unfair on the impacting on services? Not content with slashing students — — much-needed funds for literacy and numeracy The ACTING SPEAKER (Mr Weller) — Order! coordinators and backing away from the School Start The member’s time has expired. bonus, now months after the PAEC hearings — and it would have been good if they had fessed up to this at Public Accounts and Estimates Committee: the time — we are seeing the government making a budget estimates 2011–12 (part 1) cruel and callous cut in the Victorian certificate of applied learning coordination funding. It was a cut that Mr ANGUS (Forest Hill) — It is a great pleasure to government members wanted to sweep under the rise today to make a brief contribution in relation to the carpet. They were not up-front and honest about their part 1 report of the Public Accounts and Estimates intention to cut VCAL funding when the ministers Committee that was tabled earlier this year in this appeared before the committee in May. Instead, schools house. and VCAL providers found out about this substantial cut in their funding at the end of a memo sent to them
STATEMENTS ON REPORTS
2918 ASSEMBLY Wednesday, 31 August 2011
I have the great privilege in this Parliament to serve on outworking of the electoral commitments made by the the Public Accounts and Estimates Committee with my incoming coalition government. This is the way, in a colleagues the member for Mornington in this place and summary position, it records the various components of in the other place a member for Eastern Victoria, the government’s program. One of the important Mr Philip Davis, and a member for Western Victoria, aspects of the Public Accounts and Estimates Mr David O’Brien. Committee’s work is to ensure transparency and accountability in government expenditure and revenue. The committee’s report consists of three parts. The first The committee has the opportunity to explore the of these parts provides analysis of key aspects of the annual budget in significant detail and to assist the 2011–12 budget. As we have heard, in May this year Parliament in this process. As I said, this is a way of the committee held 48 separate sessions totalling being of great assistance to other members in this place. 54 hours of public hearings, and they proved to be a very interesting and informative time for all involved. I The report that I am referring to, part 1 from the Public might say in passing that this was a culmination of an Accounts and Estimates Committee 2011–12 hearings, enormous amount of work by a range of people in is a result of a lot of hard work from a lot of people. It making those hearings happen, so my congratulations certainly provides a good overview of the initial phase to all involved. of the budget estimates process, and it provides a very handy reference point to go back and have a look at that Part 1 of the report includes an analysis of the key first element in the production from the Public aspects of the 2011–12 budget, including a number of Accounts and Estimates Committee, and by doing so, recommendations. It also includes an index of key to see a summary position, particularly in relation to the matters raised at the budget estimates hearings and goes various departments and the aspects of their work and on to contain details of further information to be budgeted efforts for the year 2011–12. provided and questions on notice for each portfolio. As I said, the report provides a key analysis of all aspects I commend the report to members. of the 2011–12 budget detailed by department, and so it is a worthy tome to be reviewed by all members in this Public Accounts and Estimates Committee: place so they can gain more understanding in relation to budget estimates 2011–12 (part 1) this process. Mr NORTHE (Morwell) — I wish to make a few From the report we can see the summary position in comments today with respect to the Public Accounts terms of the total revenue for the state: in 2011–12 it is and Estimates Committee (PAEC) report on the 2011– estimated to be $47.4 billion. The total expenditure for 12 budget estimates, part 1. In particular I want to refer the state in 2011–12 is estimated to be $47.3 billion, to chapter 8.7 with regard to the portfolio of regional and the report goes on to note that the expenditure on and rural development and examine the transcripts of infrastructure by the general government sector is commentary that have been provided by the Deputy estimated to be $6.4 billion. Premier in his capacity as the Minister for Regional and Rural Development. I guess the minister was able to The report outlines in detail by department the key enunciate the investment being undertaken by the budget themes for 2011–12 and the major priority shifts coalition government in regional Victoria. for 2011–12. It clearly outlines the key matters raised at the budget estimates hearings, as well as documents When you read the transcripts it is interesting to see that that were tabled and questions taken on notice at the an opposition member of the PAEC makes an assertion hearings also. The report does not this year contain the that the Minister for Regional and Rural Development transcripts of the hearings, as the committee decided does not have the responsibility for creating jobs. We that the most useful, timely and effective way to record all know in this place that the minister did not require and publicise the transcript information was to have it any assistance in dispelling such inaccurate assertions. made available on the Parliament’s website. This was done on a very timely basis and provided a great The minister, in his contribution to PAEC, spoke about resource to all members in this place and indeed the the $1 billion Regional Growth Fund that has been very public of Victoria and elsewhere. It provided access to well supported across many regional communities, those transcripts and provided information that the including my own electorate of Morwell. Indeed public sought. yesterday in question time there were a number of questions regarding investment and job growth in Part 1 of the report provides a key link in the new regional Victoria, and that was outlined in answers to government’s program. It articulates the financial questions by the Premier and the Minister for
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2919
Innovation, Services and Small Business and also the jobs but also a great deal of confidence in the Latrobe Minister for Regional and Rural Development. Valley into the future.
The minister certainly elaborated on how well received Any assertion from the opposition that our government the Regional Growth Fund has been throughout is not attracting jobs or creating new jobs in this state is regional Victoria, and he spoke about a number of completely false, and the facts I have just outlined projects that have been delivered and will be delivered demonstrate that that is the case. into the future, such as the $100 million Energy for the Regions program, which will enhance gas supply to many regional communities across Victoria. SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME We know that investment will come in response to DETENTION) BILL 2011 those sorts of projects. We have invested in roads and bridges to the tune of $40 million, and this will also Second reading enhance business prospects going into the future. Since we came into government approximately 600 jobs have Debate resumed from 16 June; motion of been established in Victoria, with a leveraged Mr McINTOSH (Minister for Corrections). investment of around $600 million. Government amendments circulated by There are many examples of such investment. The Mr DELAHUNTY (Minister for Sport and Minister for Innovation, Services and Small Business Recreation) pursuant to standing orders. has spoken about 17 grants worth a total of $3 million being awarded to businesses across Victoria. Three Ms HENNESSY (Altona) — I rise to speak on the small businesses were recipients of those grants. It is Sentencing Legislation Amendment (Abolition of important that we support small businesses, which are Home Detention) Bill 2011. On behalf of the crucial to regional communities. It is fantastic to see opposition I express our frustration and disappointment that small businesses will now be able to access those at the late-breaking news of these house amendments. grants. Out of that investment alone we have seen This bill has been sitting on the notice paper for a 340 new jobs created. significant period of time. It was only a couple of minutes ago, when the minister on house duty alerted To be a bit more parochial, the Regional Growth Fund me to the existence of the amendments, that the has been well received in the Morwell electorate in opposition became aware of them. I have had a brief terms of jobs. Projects such as the completion of the and informal discussion about the matter with the Gippsland Plains rail trail are vital to our community. relevant minister, who has assured me that the They will create not only investment but also jobs, opposition will be provided with a briefing on the house particularly in smaller communities. The government amendments. However, it is sloppy behaviour that has invested $30 million in the Latrobe Valley suggests a government that continuously dithers over its Advantage Fund and the Latrobe Valley Industry and legislative program. It is highly disrespectful to those Employment Roadmap. This package is specifically who seek a genuine and deep understanding of what designed for the Latrobe Valley and is in part a massive these legislative changes will mean. To express my investment in skills and training. As part of that displeasure in parliamentary language is quite a $30 million package $10 million has been allocated for challenge in this context. We will bat on and continue the sole purpose of creating new jobs in the Latrobe to talk about the bill, but let the record show that the Valley. administration of parliamentary practice in respect of this bill and the house amendments has been shoddy My region faces many challenges with the prospect of and disappointing to say the least. the federal Gillard government’s carbon tax. It is important that we have this fund available to local Dr Sykes interjected. businesses. Expressions of interest by the local community are already being sought. We are pleased Ms HENNESSY — They are indeed fighting that a number of businesses in the Latrobe Valley words, as the member for Benalla interjected. region and beyond have already expressed an interest in The ACTING SPEAKER (Mr Weller) — Order! accessing the fund, which is open for an extensive It is not appropriate to respond to interjections. period. Local businesses can access a minimum of $100 000 or a maximum of $2 million for investment Ms HENNESSY — This is no way to run a from the fund. We believe it will create not only new legislative program. If members of the government
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
2920 ASSEMBLY Wednesday, 31 August 2011 cannot run a legislative program, they should not turn crimes. They suggested reasons ranging from people up to work. They should not try to hold members of the not having fathers to cutbacks to government services. opposition to account in respect of their position on While it might be true that all of those issues may have items of legislation when they do not have the had an impact on the riots, it is also true that gumption, organisational ability, commitment to individually each of those issues is really not a transparency and passion to have a genuine debate sufficient explanation for what occurred. about these issues. As they say, ‘Enough said’. Closer to home, the harsh reality is that when we see As we can tell, the issue of sentencing incites deep public leaders screeching at each other about passion in the community, as does sloppy community safety and sentencing and simply uttering administration of the parliamentary process. When we the words, ‘We are going to be tough on crime’ it does hear about tragedy in the community it is only natural not make one Victorian safer. That is not to say that that we try to assuage our grief, disgust and horror members of Parliament should not demonstrate through the sentencing process. We often feel deeply leadership about the ongoing reform of the criminal frustrated that whatever justice extracts from the justice system to make it more effective and fairer, it is criminal process does not return the victim to the not to say that governments should not respond to position they were in before the crime. Indeed it is emerging trends and it is not to say that sentencing impossible to undo many a wrong. practices exhibited by the judiciary should not be subject to scrutiny. It is not to say that community and The community naturally feels very frustrated. When I expert views about sentencing ought not be taken into say that I do not in any way intend to try to undermine account — they should and they must. However, the importance of restorative justice programs. They are sentencing debates should not be used as cheap political very important to our community, and I support the footballs and as an instrument for obfuscating the truth. concept of restorative justice. In fact I had the benefit of a discussion with Noel McNamara from the Crime We all need to keep absolutely focused on the Victims Support Association recently, who also prevention of crime in the first place. I call on all indicated his support for the concept of restorative members of this place, as we enter a period where we justice and his enthusiasm for doing more work in are going to have ongoing debate and discussion about Victoria and assisting the Attorney-General in the sentencing, to make sure those debates and discussions Standing Committee of Attorneys-General process are based on evidence and that they are sensible. In around restorative justice programs. Often the issue of dealing with the bill before the house let us not pretend crime, and particularly horrific crime, is deeply that it will act as a deterrent to crime or make one confronting to us because it illuminates the darkness in Victorian safer. As I have stated previously, the causes human beings. I guess the point I am trying to make is of crime are far more complex than that, and they that how we feel about crime and the impact it has on cannot be dealt with simply by the removal of one its victims is a very human response. sentencing option.
Of course that is only one part of the story and one of When we come to the issue of home detention let us the aims and aspirations of the criminal justice system, have a quick walk through how the system works. but we must keep our attention very firmly — Home detention can be used either at the back end or particularly those of us who are policy and the front end as part of a sentencing option or as part of law-makers — on the utility of the prevention of crime a prison sentence where the Adult Parole Board of in the first place. True crime prevention is a Victoria is involved. Home detention can be used as an multifaceted and complex matter, but if we are to have alternative to ongoing imprisonment, and the maximum a lasting commitment to the reduction of crime, our length of home detention that can exist is six months. response requires an investment in crime prevention and community safety that is meaningful and real and Home detention is not a penalty in itself; it is a means not one that is about chest beating or about making of administering a penalty. That is an important point. mendacious claims about the effect of our legislative The issues for that are raised in the human rights charter program. statement that was tabled with the minister’s second-reading speech. It is important to note that home I was struck by the recent riots in London where, before detention is restricted to non-violent, low-risk, the police even had an opportunity to try to secure a low-security offenders who meet the eligibility criteria peaceful residential outcome for the local community, in the act and who are subject to an assessment and we had every pundit and every self-appointed expert have the approval of family members and co-residents. identifying what they thought were the causes of those That is a really important point, because in his
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2921 second-reading speech the minister articulated a Estimates Committee hearings, in which he concern about the impact of home detention on family acknowledged that he could not give a commitment members who would also be living with an offender that any of his policies and programs would necessarily who was serving a period of home detention. I think result in a reduction in the crime rate. Yesterday the that is a real issue to think about. I am pleased that the crime data was released. In that data we see a massive parliamentary library has conducted a parliamentary surge in family violence that ought give us all cause for research paper which says there is no evidence to really concern. We see an increase in sex offenders, we see an support that assertion. I agree it is an important point, increase in rape, we see an increase in abductions and but it is just not a point that is borne out by virtue of the we see a heavy increase in all issues associated around evidence and the research and the assessment of home domestic violence. Those who serve home detention detention that has been done. are required to be non-violent offenders. Home detention has very strict eligibility criteria, so none of I would also be concerned if there were any perception these sorts of offences are captured by the home among members of this place or in the community that detention scheme. home detention is an enormous program. The legislation limits home detention to 80 offenders in I cannot forgo the opportunity to make the point that, total. At the time when I had a briefing from the despite incredible surges in crimes against the person Department of Justice — and I wish to thank the and in family violence, we saw neither hide nor hair representatives of the department who gave their time from the government. Its faux outrage about and energy to me — there were approximately community safety was absent. The Minister for Police 20 people on home detention. Of course this was before and Emergency Services refused to come out to talk to the famous Derryn Hinch trial. I am not quite sure what the community about the crime data yesterday. He said the exact number is at this point, but we are talking he was not necessarily satisfied that the data was about a really small cohort within the criminal justice accurate, which raises the question: if your own crime system. data is not accurate, why would you release it? It is not what the Acting Chief Commissioner of Police said Anyone who is living at the premises where an offender yesterday. He had the gumption to come out and face is serving home detention also has to consent. the public. He had the guts to stand up and say, ‘The Offenders are supervised by a home detention unit, and news is not good’. they have an electronically monitored curfew. It is not a tracking device. They also have authorised activity This is a government which promised it was going to plans. It is interesting to look at the history of home fix the problems; it is a government which said it was detention. As I said, at the date of my briefing from the going to be tough on crime. When it came to crime Department of Justice, 575 home detention orders had against women and children, where were they to be been issued since 2004. Of those 575, only 35 had been seen? They were nowhere. breached, which, when we look at recidivism rates and we look at the breaches of things like community-based Mr Delahunty — On a point of order, Acting orders, bail, parole conditions and all of those sorts of Speaker, let us get back to the bill that we are debating issues, seems to indicate that the home detention figures here today. paint a picture of a program that is reasonably successful. It seems that the home detention program Ms Green — On the point of order, Acting Speaker, serves a reasonably good purpose, and it has not been the member for Altona — — abused remarkably. Having said that, it is a reasonably The ACTING SPEAKER (Mr Weller) — Order! I small program. I acknowledge that it was an election think I have heard enough. I can rule. Lead speakers are commitment by the government, and the opposition given some leeway. I have been listening intently. The does not intend necessarily to stand in the way of this member for Altona has been pushing the boundaries; bill by way of opposing it. Having said that, I reserve she should remember that she is very close and come our rights in respect of the shoddily and hastily back to the bill. distributed house amendment that I have already discussed. Ms HENNESSY — As I was saying, and I will relate my comments back to the bill, this was a What would concern me is if the government were to government that said it was going to come in and make stand up to try to make the assertion that the abolition Victorians safer. We are not going to cop its trying to of home detention is going to improve community use the mirage of the abolition of home detention, safety. We saw the incredible evidence of the Minister particularly less than 24 hours after some of the worst for Corrections before the Public Accounts and
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
2922 ASSEMBLY Wednesday, 31 August 2011 family violence statistics ever are released in the Mr TILLEY (Benambra) — I rise to make a Victorian community and this government goes to contribution on the Sentencing Legislation Amendment ground. That is the kind of courage its members are (Abolition of Home Detention) Bill 2011. The purpose giving Victorians about community safety. of this bill is to deliver on the coalition’s commitment that we took to all Victorians in November last year, Let us also not forget that this is a bill that seeks to deal and it is a very clear commitment to abolish home with various issues confronting the corrections system. detention as part of our law-and-order policy. This is in Let us hold it up and ask: does this bill meet the stark contrast to the ALP’s soft-on-crime approach over ambitious, although mendacious, aspirations the the last dark 11 years. minister canvassed in his second-reading speech? Yet again we are to be sorely disappointed. If this Most certainly this policy position was born long before government wanted to make Victorians safer, why November last year. In fact the then Leader of the would it in its own budget papers forecast an increase in Opposition, now the Premier of this state, back on recidivism? Why, when it has forecast a change to the 14 January 2010 — some 11 months before the community-based orders system, would it then put in election — was very clear that we would end home its own budget papers a massive increase in recidivism? detention. We have now committed to that, and through the legislative process we are delivering on that Let us not forget that the end game here is to reduce and commitment. But well before that it was the position prevent crime. That is the test that this bill needs to and the policy of the Liberal Party. It was so going into pass, but this government, through its own forecasts, in the 2006 election, so it is a policy and a position that we its own budget paper, has forecast its own failure. There have had for many years. is no greater example of fraud on a victim than for this government to have a high recidivism rate. If this Let me be perfectly clear on Labor’s government were truly committed to improving prison-in-the-home charade. Since data collection community safety, if this government were truly serious commenced in March 2004 through to 31 July this year about reducing recidivism, it would not be introducing a total of 617 orders had been made. Of those orders, the abolition of home detention — a measure that is 113 were made by the courts and 504 were made by the going to affect maybe 20 or 21 people — and then go Adult Parole Board of Victoria. Four hundred and into hiding when the worst ever family violence ninety-two of the offenders were male and 125 were statistics come out. There is a great deal of hypocrisy female. These figures cover only persons living within when this government talks about its commitment to 40 kilometres of Melbourne’s GPO, so home detention improving community safety, and the opposition is certainly did not meet the criterion of servicing the going to call it every time. We are committed to whole of Victoria, not even in one instance. Under the improving community safety, and we are not going to sentencing guidelines the sentencing authorities were put up with a charade from this government. given the option of having a whole range of couch potatoes sitting there watching the big screen and Honourable members interjecting. having a lovely way of life, whereas our strong position on law and order is that we are committed to ensuring Ms HENNESSY — ‘Eleven years’ is the cry from that if you cannot do the time you should not do the the other side. Let us talk about an eight-year decline in crime, so to speak. As I said, we are delivering on our recidivism when we absolutely demonstrated that the election commitment and ending Labor’s value of our approach of restorative justice, prison-in-the-home charade by abolishing home rehabilitation and keeping victims safe was actually detention. borne out in the figures. The Productivity Commission’s report on government services bears out Labor’s home detention policy was part of its the truth; the hollow, chest-beating, mendacious claims soft-on-crime approach, which ignored proper by the government do not. sentencing, community protection and the views of victims. The previous speaker mentioned protecting As I said, we are yet to have a briefing on the house victims. Where was that in the lead-up to the election amendment. The opposition in principle, subject to when we saw literally hundreds of victims of crime what we hear about the house amendment, will not standing on the steps of Parliament screaming and necessarily oppose this bill. What we do oppose, demanding that somebody step up to the plate and though, is misrepresentation and a government going protect the victims of crime in this state? That is into hiding when difficult crime statistics come out. certainly what we are doing by introducing this legislation.
QUESTIONS WITHOUT NOTICE
Wednesday, 31 August 2011 ASSEMBLY 2923
Ms Hennessy interjected. Parliament or as a community member. We will take responsibility for our own actions. Mr TILLEY — Talk about crime figures — well, we had to put a stop to you lot cooking the books! On The ACTING SPEAKER (Mr Weller) — Order! the issue of transparency, no doubt there will be some Now is a good time to break for lunch. The member for hurt along the way, but the figures will be absolutely Benambra will have the call when the debate on this clear, indicating that the crime statistics in this state bill resumes. were nothing but figures that were cooked. Yes, there may be a little bit of hurt along the early journey of this Sitting suspended 1.00 p.m. until 2.02 p.m. government, but we will correct the perception of the crime statistics that the ALP created during its 11 dark Business interrupted pursuant to standing orders. years in government.
In the time I have left before we go to a break, the QUESTIONS WITHOUT NOTICE Minister for Corrections was reported in the Herald Sun Road safety: government performance of 15 June 2011 as having said:
… Labor’s ‘prison-in-the-home charade’ had been too soft Mr ANDREWS (Leader of the Opposition) — My and was no longer an option. question is to the Minister for Roads. I ask: given that the updated Arrive Alive strategy is almost 10 months ‘It’s time to take a stand for victims of crime and ensure those overdue, when can Victorians expect a comprehensive who commit an offence pay for their behaviour … road safety strategy to save lives from this government? ‘Abolishing home detention will further improve Victoria’s sentencing laws alongside other key sentencing reforms, such Mr MULDER (Minister for Roads) — I thank the as the abolition of suspended sentences’. Leader of the Opposition for his question in relation to road safety in Victoria. As he would be aware, there has The bottom line is Labor was soft on crime for been strong bipartisan support for road safety in 11 years. It is time to take a stand for victims of crime Victoria over a number of years with the parliamentary and ensure that those who commit an offence pay for Road Safety Committee. The opposition leader would their behaviour. also be aware of the hoon driving legislation put The government’s intent is strong; it is a team working through by the government to ensure that we get a together. There has been strong consultation not only better road safety outcome. with victims of crime and the community but with all The opposition leader will no doubt also be aware of stakeholders. We thank those working in the the $160 million committed to country councils to department for providing us with the right and assist them to improve road safety across the network. appropriate advice on delivering our policy through this He would also be aware that a number of these legislative reform and other procedures. initiatives are being put into the Arrive Alive road The other side claims to be the champion of the worker, safety program to refresh the program. We are currently but all those staff currently working on home detention working with VicRoads to update the Arrive Alive road orders will continue to administer other safety program. There is a lot of work being undertaken community-based orders from the Department of in this space. The final outcome of that will be Justice in regional offices. There will be no job losses announced later on this year. But in the meantime the as a direct result of the abolition of home detention. The program has been refreshed. other falsehood is that in the lead-up to this The opposition leader will also be aware of an initiative announcement it was said we would need to create that was announced just this week in relation to a speed more jails in the state of Victoria. As the member for zone review across the network, whereby we are Altona mentioned, and rightly so, I could stand welcoming comment from the community — corrected but somewhere around 20 or so people are on something that has not happened before. As a new home detention orders. As the member for Altona also government we are asking the community to take an said, whether that is from the front end or the back end interest in the way speed zones are set throughout this is neither here nor there, but the numbers are state. That has been welcomed warmly by members of significantly low. The community is the bottom line. the community, because they will finally have a say in Through our policy and legislative procedures we are the way that a number of the speed zones are set — and stepping up and ensuring personal responsibility for there has been a great deal of confusion around a each and every one of us, whether as a member of number of speed zones.
QUESTIONS WITHOUT NOTICE
2924 ASSEMBLY Wednesday, 31 August 2011
We will be working non-stop. We have employed, Mr MULDER — As I indicated, the Arrive Alive through my office, as the opposition leader will no strategy has been refreshed by the government. There doubt be aware, a former executive officer of the will be further work done and further announcements parliamentary Road Safety Committee who is highly made as we go forward, but it will all be about action. It regarded across all areas of road safety throughout will not be about words, and it will not be about Victoria to advise the government on road safety advertising; it will all be about action. We will get the initiatives going forward. We are undertaking an results, and we are doing the job. We are not going to enormous amount of work. There is a great deal of talk about it; we are going to do something. work being done in terms of engagement processes. We will get the outcomes we want. Honourable members interjecting.
We take this seriously. As I say, one of the great The SPEAKER — Order! The Minister for Roads initiatives was in relation to the hoon driver legislation. is on a warning. We pushed in opposition to toughen up the hoon laws, and it was the then government that backed away and Council of Australian Governments: meeting would not give us the support that we needed to take Mr BATTIN (Gembrook) — My question is to the the dangerous drivers off the road. Premier. Can the Premier advise the house of the Mr Andrews — On a point of order, Speaker, the outcomes of the Council of Australian Governments minister noted the bipartisan approach to road safety. (COAG) meeting held in Canberra on 19 August? Can I say that the Labor Party will not support doing Mr BAILLIEU (Premier) — I thank the member nothing though, which is what this minister has done — for his question and for his interest in reform at the nothing. commonwealth level and across the nation. The The SPEAKER — Order! What is the point of Victorian government took a very strong stand at order? COAG. We took a strong line, and we did that consistent with the strong stand we took at the February Mr Andrews — The question related to when the meeting, where we were instrumental in revisiting the strategy will be released. That is what the answer health reform agreement, which the Leader of the should relate to, not this feeble attack from a minister Opposition scoffs at now but which the Leader of the who has done nothing. Opposition signed. It was a dud. The Leader of the Opposition when he was the Minister for Health signed The SPEAKER — Order! I do not uphold the point up to a dud reform. We are not going to take that of order. The minister was being relevant to the approach. question that was asked. We have taken a constructive, considered and respected Mr MULDER — The opposition leader will no approach to COAG, and in a number of areas we have doubt also be aware of the additional police resources been successful. The transport regulation reform under committed to by the former opposition, now in the seamless national economy initiative — — government, being delivered in government — additional police resources that will do the job out on Mr Andrews interjected. the roads. Police will be out on the road to detect those people who are doing the wrong thing. We will not end The SPEAKER — Order! I advise the Leader of up with the situation that the former government put in the Opposition that I will fire up in a minute, if he place of new police station buildings without police continues to interject in that way. officers. That is what we have got out in regional Mr BAILLIEU — It is an interesting response from Victoria — buildings without officers! the man who today said he did not want to be Mr Hulls — On a point of order, Speaker, clearly ceaselessly negative; he wanted to be constructive. That the minister is now debating the question. He has was the Leader of the Opposition — ceaselessly clearly indicated that the Arrive Alive strategy will be negative, ceaselessly destructive. over a year late, so you should now sit him down. We were happy to sign the national transport reform: The SPEAKER — Order! I ask the minister to three intergovernmental agreements on heavy vehicles, return to answering the question. rail and maritime safety. It was the Victorian government that made sure that the maritime reforms were appropriate and would not cost recreational or
QUESTIONS WITHOUT NOTICE
Wednesday, 31 August 2011 ASSEMBLY 2925 small-vessel users. In regard to the legal profession, we I ask: can the Premier give a guarantee that the Minister supported the national legal profession reform. for Planning and the members for Mordialloc and Unfortunately that support was not replicated by Carrum at no stage promised Mr Carpenter that his Western Australia, the Australian Capital Territory or property would be rezoned? South Australia, and Tasmania pulled out. Queensland expressed some doubts, but we now have the task, with Mr BAILLIEU (Premier) — I thank the member New South Wales and the Northern Territory, of for her question. The hypocrisy here knows no bounds. bringing that reform to fruition. We believe there is a The Minister for Planning has instituted a process for benefit in that. reviewing the urban growth boundary in terms of growth areas and non-growth areas, and the logical In terms of further competition and regulation reform, inclusions program will form part of that. I refer to the commonwealth sought to intrude itself on statutory some comments made by the Minister for Planning and planning as a major theme. All states rejected that reported in Hansard. He said: approach, and that rejection, I think, was accepted by the commonwealth. But we took the opportunity to deal We are conscious in the future that there may well be some anomalies that exist within the nominated urban growth with the issue of the commonwealth’s Environment boundary … Protection and Biodiversity Conservation Act 1999 and some of the inconsistencies and delays it causes. I took He also said: the opportunity to raise in particular the problems around dredging the entrance at Lakes Entrance, where So from time to time, just because of the way development takes place, you do have some anomalies. boat bottoms are now dragging on the floor of that waterway because of delays over two years in getting He went on further to say: approval for continued dredging. … but there are anomalies that come up from time to time, We pushed strongly for first ministers to make a and we have to deal with them. significant commitment to the national disability He also said: insurance scheme. Without Victoria that would not have been done. We also pushed for urgent work to be But there are logical inclusions that might need to be undertaken by COAG through first ministers to considered and they might come from local governments establish base principles so that we do not repeat the making submissions … mistakes in the health reform initiative with which the He further said: Leader of the Opposition is so familiar. What we anticipate is that after we have progressed our On the clean energy package, we put our position on current body of work, we would look at some mechanisms the carbon tax, as did other states — and other states being developed for potential small-scale, logical inclusions again. The Prime Minister made it clear there was no where anomalies may occur. further compensation available. That is disappointing. Finally he said: She also indicated that once the legislation is passed, all states should review and reconsider any state program. I have met with some land-holders in some of their areas where they are interested in pursuing issues around an I also quickly want to mention the visa situation of the inclusion … international students. We pushed to ensure that the That was the planning minister. But which planning international students here who were not looked after minister? Was it the former member for Albert Park? by the previous government are looked after. No. Was it the former member for Northcote? Planning: green wedge logical inclusions Ms Allan — On a point of order, Speaker, the Ms HENNESSY (Altona) — My question is to the question very clearly referred to the actions of the Premier. I refer the Premier to comments by Mr Peter current planning minister and members of the Carpenter reported in the Age, where he is quoted as government — — saying: The SPEAKER — Order! What is the member’s Yes, I’ve contributed to the Liberal Party. I contributed to point of order? Donna’s campaign, I’ve contributed to Lorraine’s campaign and I contributed to Geoff Ablett … Ms Allan — If I could conclude making my point of order — — When people are campaigning they will sort of indicate all sorts of things, all of it positive to your view.
QUESTIONS WITHOUT NOTICE
2926 ASSEMBLY Wednesday, 31 August 2011
The SPEAKER — Order! What is the point of The SPEAKER — Order! The member for order? Bendigo East is now on a warning.
Ms Allan — My point of order is that the Premier is Mr BAILLIEU — The member for Bendigo East clearly debating the matter. The question related to besmirches — — assurances — I will not repeat the question — the Premier has sought regarding the actions of current The SPEAKER — Order! The Premier should members of his administration. Rather than in ignore interjections. desperation attacking the opposition, I ask that the Premier answer the question. Mr BAILLIEU — It goes to the point I was about to make: it is an independent process undertaken by the The SPEAKER — Order! I do not uphold the point Growth Areas Authority, established by whom? It was of order. The Premier was answering the question. established by the previous government. Appointed by whom? It was appointed by the previous government. Mr BAILLIEU — I ask again: was it the former That independent process will continue, and it will member for Albert Park? Was it — — continue to do what is appropriate, as the planning minister has clearly indicated. Mr Andrews — On a point of order, Speaker, with the greatest of respect, I put to you that the question Industrial relations: union activity related to comments made by an individual about a parcel of land and about his account of what members Mr WAKELING (Ferntree Gully) — My question on the other side of the house had promised him. That is to the Minister for Finance. Is the minister aware of is what the question relates to. I put it to you recent reports of union thuggery in Victoria, and how respectfully, Speaker, that the Premier’s answer is does the government intend to deal with the neither relevant nor in accord with the standing orders. intimidation of union representatives in this state? The Premier’s answer is irrelevant, and he is clearly debating the question. Mr CLARK (Minister for Finance) — I thank the honourable member for his question. The government The SPEAKER — Order! I believe the answer is is concerned to ensure that industrial relations in relevant to the question that was asked. Victoria, whether it be in the public sector, the building and construction sector or elsewhere in the private Mr BAILLIEU — It might even have been the sector, is conducted on a productive and law-abiding Deputy Leader of the Opposition when he was Minister basis. That is why the Premier recently announced that for Planning. But no, it was not, and it was not the the government would review the industrial relations current planning minister. It was the previous planning principles that would apply to public sector minister — the member for Essendon — who construction projects in order to ensure that workplace anticipated and advocated for a logical inclusions agreements and practices applying to firms which process. The process the planning minister has put in tender for state government contracts comply with place — — applicable workplace laws and promote productivity.
Mr Hodgett interjected. This announcement followed disturbing signs of increasing defiance of the rule of law by the The SPEAKER — Order! The member for Kilsyth Construction, Forestry, Mining and Energy Union, is on a warning. which on 2 June had fines and legal costs of $560 000 imposed on it by the Federal Court. Mr Hulls — On a point of order, Speaker, quite clearly the Premier is now debating the question. If the More recently the government has become aware of Premier cannot give an assurance that promises were reports that the secretary of the Health Services Union not made for donations, he should sit down. (HSU), Ms Kathy Jackson, has been the target of a campaign of intimidation. Ms Jackson is the union The SPEAKER — Order! I ask the Premier to official who referred the allegations against federal resume his answer. I do not uphold the point of order. Labor MP Craig Thomson to the New South Wales Mr BAILLIEU — The process that has been put in police force. Victoria Police has stated that a shovel place by the planning minister — — was last week found on Ms Jackson’s doorstep after the occupants of Ms Jackson’s home had heard several Ms Allan — He is a corrupt one — clearly. loud noises at around 3.30 a.m. I understand Victoria
QUESTIONS WITHOUT NOTICE
Wednesday, 31 August 2011 ASSEMBLY 2927
Police is now investigating an apparent threat made Mr WALSH (Minister for Water) — I thank the against Ms Jackson. member for Seymour for her question. Last year a series of documents were released under FOI. These Additionally there have been suggestions that elements documents confirmed that the surveillance and within the union movement have been seeking monitoring of peaceful protesters against the north– retribution against Ms Jackson and against the HSU. south pipeline did occur. These FOI documents were Ms Jackson has responded very courageously, I might requested by Jan Beer and released to Jan Beer. These say, to what appears to be an attempt to intimidate her, documents show that those people who instigated this saying, ‘If the person who has done this thinks they can surveillance should hang their heads in shame because intimidate me by this and I’ll walk away, or the union is of what they actually did. going to walk away from our position … they’ve picked the wrong girl’. It is the view of the government Jan Beer is a well-respected member of her community. that Ms Jackson has acted responsibly as a union She is a person who cares about her community and official. She has acted in the best interests of the about the environment in which she lives. She is not the union’s members to ensure that the law is upheld in sort of individual that any normal person would put relation to her union, which is of course a union that under surveillance. If you look at some of the examples represents substantial numbers of Victorian public of what was released, you see there is a document from sector employees. the Sugarloaf Pipeline Alliance, which says:
Industrial thuggery has no place in this state, and As we know that these two people are active protesters of the Ms Jackson has set a fine example by resisting it. The Plug the Pipe group, we remained in the area and continued to drive along the highway in both directions to observe their Victorian government is committed to doing all within activities. its power to ensure that industrial relations in Victoria are conducted productively and in accordance with the About 10–15 minutes later, I observed them parked on the law, including respecting and defending the conduct of Melba Highway, west side, facing north, directly opposite pipeline workers having a conversation … and I pulled up union officials who are prepared to stand up for the rule about 30 metres behind them. They stayed for a few minutes of law. The government seeks a bipartisan approach to and then drove off … this issue, and I would welcome the Leader of the Opposition joining with the government in condemning The action that came out of that observation was a the apparent attempts to intimidate Ms Jackson and report to Victoria Police. Another document states: placing on the record his support for Ms Jackson as a 7 January 2009 — Jan Beer, Plug the Pipe, was detected on responsible union official acting in the best interests of the alignment of property 94. She raised the issue of workers her members. allegedly welding pipe when there was a strong southerly wind and moderate fire risk period. Member for Frankston: conduct There is a report of an incident in May 2009: Mr MERLINO (Monbulk) — My question is to the Jan Beer on site at the Yea River crossing, Yea. Reported that Premier. I refer the Premier to his comments on ABC she was on site for 10 minutes taking photographs then left TV last night about the conduct of the member for site. Incident recorded and her activities will continue to be Frankston, and I ask: has the Premier sought a full monitored. explanation from the member for Frankston? Another report of an incident is: Mr BAILLIEU (Premier) — I thank the member 17 December 2009 — Jan Beer, Plug the Pipe representative, for his question. It is my understanding that Victoria on site at the GRPS … Remained on site for approximately Police was looking at this matter, which has had some 10 minutes taking photographs then departed. Contact made public attention. It is also now my understanding that with Victoria Police, security intelligence group, and advised Victoria Police intends to take no further action on the of situation. matter. A couple of days later:
North–south pipeline: protester surveillance Jane Beer, Plug the Pipe representative, on site at the GRPS. Activities restricted to road reserve area … She again took Ms McLEISH (Seymour) — My question is to the photographs — Minister for Water. Can the minister inform the house of recently released documents providing details on the a major crime! — surveillance and monitoring of the north–south pipeline protesters?
QUESTIONS WITHOUT NOTICE
2928 ASSEMBLY Wednesday, 31 August 2011
and left area after approximately 15 minutes driving in highlights the failure of leadership by elected officials, reported erratic manner which has been passed to the Victoria and I ask the minister to inform the house of recent Police. developments in this area. What has one of the agencies that was involved in this done? Melbourne Water has today released an official Mr McINTOSH (Minister responsible for the apology to Jan Beer. It states: establishment of an anti-corruption commission) — I thank the member for Prahran for his excellent … Melbourne Water acknowledges that Mrs Beer had a question. Today the Ombudsman did table his annual history of lawful opposition to the project and has never been report, and there are certainly some alarming charged with any offence in relation to the project. developments that arise from that report. I take the … Melbourne Water also acknowledges that Mrs Beer had an house to page 9 of the report, where it states: interest in Melbourne Water’s compliance with the relevant approvals concerning the construction of the pipeline, and the Similarly, the conduct of elected representatives, when effects of the pipeline on her local community and the influenced by factional and other pressures — environment. are a matter of concern. The words ‘a matter of … concern’ are my words, but they are certainly an … Melbourne Water apologises to Mrs Beer for any distress adumbration of what the Ombudsman is concerned experienced by her in relation to its collection of her personal about. There can be no greater example of that sort of information. conduct by elected representatives than that of the member for Lyndhurst in his attempt to smear the Melbourne Water has done the right thing: it has Honourable Wendy Lovell in another place, the apologised to Jan Beer. I call on the Leader of the Minister for Housing. That smear is an indictment of Opposition to ask the previous Minister for Water to do the Leader of the Opposition and potentially all the right thing as well and apologise to Jan Beer. members of the opposition. That attempted smear by alleging — — Member for Frankston: conduct Mr Hulls — On a point of order, Speaker, the Mr MERLINO (Monbulk) — My question is to the question was about the Ombudsman’s annual report. Premier. I refer to the Premier’s previous answer. How The minister is clearly debating the question. I do not is it that the Premier knows about the status of a police know where the angry pills were handed out at inquiry or investigation? Who briefed the Premier and lunchtime — — when? Was it the member for Frankston or the police? Does he make a habit of inquiring into the status of The SPEAKER — Order! The member will resume police investigations? his seat!
Mr Eren interjected. Mr McINTOSH — As I was saying, the conduct of elected representatives, particularly the appalling The SPEAKER — Order! I thought the member for conduct of the member for Lyndhurst in attempting to Lara would have learnt from what happened yesterday. smear the Honourable Wendy Lovell in alleging that Mr BAILLIEU (Premier) — The advice I received she had improperly neglected — — was received from the police minister. Ms Allan — On a point of order, Speaker, I refer Honourable members interjecting. you to page 161 of Rulings from the Chair, where it states that attacks on the opposition are inappropriate. I The SPEAKER — Order! Instead of the Leader of draw your attention to the ruling and indicate that the the Opposition turning his back on me, he might minister is clearly debating the question and attacking observe what I am doing when I am on my feet. I the opposition, particularly given that the would like some quiet in the chamber for the next Ombudsman’s report does even make reference to the question. member for Lyndhurst. The minister is clearly out of line with this course of answering the question that has Ombudsman: elected representative conduct been asked. I ask that you ask him to cease going down this path in attacking the member for Lyndhurst for Mr NEWTON-BROWN (Prahran) — My question something that is not even contained in the is to the Minister responsible for the establishment of Ombudsman’s report to which he is referring. an anti-corruption commission. I refer the minister to the Ombudsman’s annual report tabled today, which
QUESTIONS WITHOUT NOTICE
Wednesday, 31 August 2011 ASSEMBLY 2929
Dr Napthine — On the point of order, Speaker, the Mr Hulls — On a point of order, Speaker, of minister who is answering the question is responsible debating the question. This is a clearly personal attack for the ombudsman’s act, and the ombudsman’s report for political purposes. The fact is that this answer is to which he is referring contains the heading now becoming a farce, and I ask you to get the minister ‘Ministerial advisers and elected officials’ and refers to back to answering the specifics of the question. the behaviour of those people. His answer is very relevant to the question that was asked and very The SPEAKER — Order! I ask the minister to get relevant to his responsibilities with respect to the back to answering the question. ombudsman’s act — — Mr McINTOSH — This type of conduct is Honourable members interjecting. endemic in the opposition. This management of a dirt unit in your office is a disgrace. The SPEAKER — Order! Points of order will be heard in silence. Honourable members interjecting.
An honourable member interjected. The SPEAKER — Order! Stop the clock.
The SPEAKER — Order! Was that the member for Mr Andrews — On a point of order, Speaker, you Lara again? It would not want to be today! I do not have requested that the minister — — uphold the point of order. Mr Hodgett interjected. Mr McINTOSH — For a considerable amount of time the member for Lyndhurst refused to publicly The SPEAKER — Order! This is the member for apologise or withdraw his comments. Kilsyth’s second warning for the day. Next time he will be out. Mr Hulls — On a point of order, Speaker, quite clearly the minister is debating this question. I do not Mr Andrews — Speaker, you have requested that know whether you, Speaker, have had the opportunity the minister move back to answering the question and to read the report upon which the question was based, not use question time as an opportunity to attack any but there is no mention of the member for Lyndhurst. member of this side of the house. This is an absolute Despite the previous point of order taken by the farce, and he should be asked to go back to answering minister, what he had to say was clearly untrue, yet the question, not attacking the opposition or others. again. There is no mention in this report of the member That is not what question time is for. for Lyndhurst, therefore he is clearly debating the The SPEAKER — Order! I have heard enough. I question for political purposes. I ask you, Speaker, to ask the minister to get back to answering the question. ask him to get back to the question and to not continue down this path. An honourable member interjected.
Mr McINTOSH — On the point of order, Speaker, Mr McINTOSH — The head of your dirt unit is up obviously the member has not read the detail of the there, run out of your office. Ombudsman’s report. Yes, there is certainly discussion about the Hotel Windsor scandal, but he goes on to Honourable members interjecting. express his concern about the conduct of elected representatives when influenced by factional and other The SPEAKER — Order! I asked the minister to pressures generally. Accordingly I suggest that the resume answering the question and not to invite answer is certainly in order and consistent with the interjections from the other side. I ask the minister to Ombudsman’s report. come back and conclude answering the question.
The SPEAKER — Order! I do not uphold the point Mr Hulls — On a point of order, Speaker, to advise of order. the house on future conduct, such a gutless, cowardly attack — — Mr McINTOSH — As I was saying, Speaker, finally the member for Lyndhurst was forced into The SPEAKER — Order! The minister, concluding making a public apology, but that public apology was his answer. probably half baked because the real issue is — — Mr Andrews — On a point of order, Speaker, I seek your clarification. With the greatest of respect, surely it
QUESTIONS WITHOUT NOTICE
2930 ASSEMBLY Wednesday, 31 August 2011 is not your ruling, Speaker, that a minister or any this process. In January I wrote to the Auditor-General member with the call can not only refer to a person in to request that a performance audit be conducted, and the gallery but attack a person in the gallery. Surely that the report before us is the result of that request. This is not your ruling. Surely that objectionable, cowardly report carries a number of very important messages for behaviour — — all of us in Victoria.
Honourable members interjecting. The first thing to be said about this report is that its findings and conclusions confirm that cameras save The SPEAKER — Order! I advised the minister, lives. It confirms that the operation of the camera when he returned to answering the question not to system in Victoria is an integral part of the overall invite interjections, and by pointing to somebody in the enforcement of our speed laws, and it particularly gallery he did that. I ask the minister to conclude his reflects on the fact that about 30 per cent of deaths on answer without inciting the members of the opposition. our roads in Victoria last year were an outcome of excessive speed — that is, about 100 people died on Mr McINTOSH — In conclusion, the Ombudsman Victorian roads last year as a result of excessive speed. has obviously highlighted an issue of profound concern Among other things the report indicates that reducing to all Victorians. While on this side of the house we are one’s speed even by around 5 kilometres an hour can concerned about the behaviour of elected produce a radical reduction in the extent to which representatives, it is very clear that the other side is not accidents happen in the first place, let alone to the interested at all. extent to which injuries and deaths may be caused.
Member for Frankston: conduct Mr Madden interjected.
Mr MERLINO (Monbulk) — My question is again The SPEAKER — Order! The member for to the Premier. I refer to the Premier’s previous answer. Essendon is on a warning. In fact he can take that as When did the police minister brief the Premier, and two warnings. does the police minister brief the Premier on all assaults in Frankston or just those involving the member for Mr RYAN — The report confirms that the money Frankston? derived from the use of speed cameras is not used for the purposes of revenue and that the cameras are not Mr BAILLIEU (Premier) — The question makes being operated for the purposes of state government presumptions about events that took place in Frankston. revenue. It confirms in turn that last year the fines, I do not make those presumptions at all. The advice that which were worth about $230 million, were dedicated I received shortly before question time was provided by in their totality to the Better Roads Victoria program — the police minister. the money that is derived from the operation of the cameras goes back into improving Victorian roads. Ms Allan interjected. Interestingly the report also shows that some The SPEAKER — Order! The member Bendigo 50 000 fines were withdrawn last year, and it goes on to East is on her second warning. The next time she will say that the operation of the system is conservative be out. given that 50 000 of those fines that were otherwise Road safety: traffic cameras applied were withdrawn.
Mr CRISP (Mildura) — My question is to the The SPEAKER — Order! I ask the Leader of the Minister for Police and Emergency Services. Can the Opposition to put the book down. minister update the house on the action the coalition Mr RYAN — The withdrawn fines equate to an government is taking to make Victoria’s traffic camera amount of $8.4 million, which is a large number of system the most transparent and reliable in the nation? fines. It is not as large as 16 per cent of the fines that are Mr RYAN (Minister for Police and Emergency raised, let alone 57 per cent of the fines that are raised, Services) — I thank the member for his question and but it is a significant proportion of those fines. We have for raising an issue which is of seminal importance to introduced new levels of transparency to the operation all of us in this chamber. This relates to the report of this system. We are not running away from it, as the tabled today by the Auditor-General into the road safety former government did. I asked for this audit, and we camera program which operates in Victoria. I am have got it. We introduced the Cameras Save Lives pleased and somewhat proud to say that we instigated website, and we instituted the process of publishing camera locations. We are now debating new legislation
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2931 which for the first time in Australia will establish a road Just covering the points made before the break, the safety camera commissioner. This is an important bottom line is that over the last 11 years Labor was soft report for Victorians, and we welcome it. on crime, and it is time to take a stand for the victims of crime to ensure that those who commit an offence pay for their behaviour. SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME Mr PERERA (Cranbourne) — I rise to speak on the DETENTION) BILL 2011 Sentencing Legislation Amendment (Abolition of Home Detention) Bill 2011. This is an election Second reading commitment of the Baillieu government, and therefore I join my opposition colleagues in not opposing this bill, Debate resumed. though I do so reluctantly.
Mr TILLEY (Benambra) — I return to the Home detention or house arrest is not a new concept. It Sentencing Legislation Amendment (Abolition of has been in the world for centuries, and still some Home Detention) Bill 2011. Before the break I was jurisdictions embrace it with both hands. The famous covering some additional points. As this bill comes to Italian physicist, mathematician, astronomer and the house and becomes legislation, transitional philosopher, Galileo Galilei, was put under house arrest arrangements will ensure that the bill preserves home until his death in 1642 for his belief in Copernicus’s detention orders made prior to the commencement of theory, which went against the fundamental beliefs of the repeal. Those orders will be permitted to run their the Catholic Church at that stage. In the United course. This approach will respect the principle that Kingdom provisions to detain terrorist suspects under legislative changes should not disturb existing orders. house arrest without trial has been made possible by the Where no order has been made prior to the Prevention of Terrorism Act 2005. Judges have commencement date, the bill clearly states that a home imposed sentences of home confinement as an detention order cannot be made regardless of any alternative to parole as far back as the 1900s. outstanding application or request for assessment. This will mean that courts will be able to make an alternative Home detention became a widespread alternative to sentencing decision if a request for an assessment was imprisonment after electronic monitoring devices made made prior to the repeal, and the Adult Parole Board of it inexpensive and easy to manage. Victoria’s home Victoria will be prevented from making further orders. detention program commenced in 2004 as a way of diverting low-risk offenders from prisons to home In relation to the amendment, it will ensure that detention. This is the sort of measure that contributed to intervention orders will have the higher priority, and if an eight-year decline in recidivism under Labor. Home an intervention order is awarded against those who detention provided cost advantages and increased serve out their existing arrangements for home opportunities for offenders to successfully rehabilitate detention, then other arrangements will simply be put in and reintegrate into society. place. It may mean, ‘Jail means jail. Off you go, son!’. The availability of home detention as a sentencing or I move on to a discussion of Labor’s home detention post-prison option is restricted by a number of regime by a decision of the Adult Parole Board of eligibility requirements, contrary to the picture painted Victoria. I do not want to take anything away from the by the government. It is a cheap political statement by good works and efforts of the adult parole board, which the Liberal government to say home detention is a has set before it a very difficult task. It should certainly soft-on-crime approach. Let us see how the offender is be commended for much of the great work that it does. assessed as being suitable for home detention. However, the decisions of the adult parole board mean Offenders who are currently convicted of sexual unfortunately that prisoners are being released before offences are ineligible for home detention; violent they have even served the minimum sentences set by offences and serious violent offences — ineligible for the courts. I share the view of the Premier, who in a home detention; drug offences as defined under press release has stated that: schedule 1 of the Sentencing Act 1991 — ineligible for home detention; an offence which the court believes This completely undermines the role of the courts and the community’s confidence that a minimum sentence means a was committed in circumstances involving behaviour minimum sentence. of a sexual nature — ineligible for home detention; an offence involving the use of a firearm or a prohibited This accords with our law-and-order policy, and we are weapon — ineligible for home detention; and stalking set to deliver on that. offences — ineligible for home detention. In addition to
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
2932 ASSEMBLY Wednesday, 31 August 2011 that, the other people living in the offender’s is the bill going to make Victoria safer? This is a blatant accommodation have to consent to the order being political exercise. made. What this means is that only very minor offenders are given home detention orders. What is the The report also found that breach and revocation rates big fuss? How is this bill going to make Victoria safer? for home detainees were low. That means offenders are more likely to behave appropriately when they are in The downside to home detention is that invariably the home detention as opposed to being in prison. It also partners are obliged to consent to the home detention found no evidence of significant risk to family orders even if it is not their preferred option. However, members cohabiting with the home detainees. the offenders eligible for home detention are not those Interestingly, the report also found that recidivism rates convicted of family violence offences or of any other for home detainees, when contrasted with comparable sort of violent activity. They are not sexual offenders low-risk prisoner, were substantially lower than either. My view is that under these circumstances a anticipated. Finally the report identified that the home large majority of partners would prefer to cohabit with detention program yielded a cost benefit, returning their partner as opposed to having them in an unknown $1.80 in benefits for each $1 spent on the program. prison associating with much more serious offenders These figures included cost savings resulting from whose behaviour is unsavoury. diversion from imprisonment and reduced imprisonment due to less recidivism. Home detention ensures that the detainee adopts a pro-social lifestyle and remains in a drug and The home detention program identified other cost alcohol-free environment, undergoing rehabilitation and benefits as well. These included reduced parole breach being employed or trained. Offenders supervised by the rates, a reduced cost of crime due to decreased home detention unit have an electronically monitored recidivism, and improved employment outcomes and curfew and an authorised activity plan, which might family outcomes as a result of people on home include attending a job, training or counselling. This is detention being more likely to find employment than certainly much harsher than living a normal life in a prison releases generally. There should never be a home environment, and not many people here would situation where those who have completed a sentence want to be in that space. turn to crime simply to feed and house themselves in those first few difficult weeks after release. All programs involving a lowering of recidivism mean that there are fewer future victims. The latest figures in Overcrowding prisons means that many prisoners will the United Kingdom show that the number of offenders have less access to opportunities such as training and who have previously served prison sentences has education. Having somewhere reasonable to live, increased over the last 15 years, from 51 per cent in legitimate employment and support from family and 1992 to 67 per cent today. Nacro — the crime reduction friends are among the factors that help ex-prisoners go charity in the UK — says overcrowded prisons and straight. The weakness in the government’s position is prisons unfit for habitation are to blame for the increase that it does not factor in extra support and help for in reoffending. This legislation will contribute to ex-prisoners to go straight when it takes measures to overcrowding in prisons by increasing prisoner increase prisoner numbers by scrapping programs like numbers. Nacro says that by imprisoning more and home detention. Now that the government is more offenders, judges and magistrates have done determined to scrap home detention to display its nothing to protect the public; in fact they have done the law-and-order credentials, it should take into opposite. They have hampered the prisons’ ability to consideration other challenges which will flow from rehabilitate offenders and thereby put the public more at such decisions. risk. The abolition of home detention could lead to an In 2006, two years after the home detention program increase in non-custodial sentences and prison was introduced in Victoria, it was reviewed by the sentences because judicial discretion is not removed at Melbourne Centre for Criminological Research and this stage. Rehabilitation programs need to be enhanced Evaluation. Its key findings were that the caseload to cater for increased numbers of prisoners, otherwise, numbers on the home detention program were lower as has been seen so far, this will prove to be only a than expected. The reason was that the number of home cynical political exercise to enhance the government’s detention orders issued by the courts were lower than law-and-order credentials. one per month. It is my understanding that today there are only about 20 offenders in home detention. Again, Mr KATOS (South Barwon) — It gives me great pleasure to support the Sentencing Legislation
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2933
Amendment (Abolition of Home Detention) Bill 2011. defensive homicide. He received what was in her view The coalition went to the 2010 election with a tough and the view of many others a grossly inadequate stance on law and order. The public was sick and tired sentence. Although defensive homicide is not the of Labor’s soft-on-crime approach and clearly subject of this bill, this case highlighted to me in no articulated this at the ballot box. Part of the coalition’s uncertain terms that the community was sick and tired policy to bring sentencing into line with community of lenient sentencing and the previous government’s expectations is the abolition of home detention as a soft-on-crime approach. Under the previous Labor form of sentencing in Victoria, and hence the bill before government the rights of victims of crime were being the house today. lost in a sea of left-wing, bleeding-heart socialism, where the guilty offender took priority over victims and The government’s policy clearly means that jail will their families. mean jail. The purpose of the bill is to implement this policy. The bill will repeal the power of the courts and The fulfilment of the coalition’s commitment to make the Adult Parole Board of Victoria to make home Victoria’s streets safe again is well under way. It detention orders. Under the present legislation a home committed to build a new police station in Waurn detention order can be made by the courts under the Ponds, in my own electorate of South Barwon, and has Sentencing Act 1991 or the adult parole board under the begun to fulfil that commitment with an allocation in Corrections Act 1986. Home detention orders are this year’s budget for land acquisition and planning. available only to persons living within 40 kilometres of Action on the coalition’s commitment to hiring an the Melbourne GPO and are restricted by the criminal additional 1600 police and 100 transit police in its first history of offenders. Under the current regime home term is well under way, with funding this year and in detention is not an option for those who live in country the forward estimates. Whilst on the subject of police Victoria; it is only for Melbourne metropolitan numbers, I remind those opposite that until last year, residents. when the coalition released its policy of hiring an additional 1600 police and 100 transit police, the Since March 2004 a total of 617 home detention orders previous government was in a state of denial. Up until have been made, with 113 of them made by the courts that point there were no issues with police numbers and and 504 made by the adult parole board. Most of the no problems, according to the former government. orders have been made in relation to fraud, theft, Those opposite quickly changed their minds when the driving offences and drug offences. Some 35 offenders coalition’s policy came out. All of a sudden our policy have breached their orders, which has resulted in was almost exactly mirrored by them. Up until that measures such as a fresh sentence or the returning of point police numbers were fine, according to the the offender to prison. previous government.
There will be transitional arrangements put in place The coalition has also promised to get tough through under this legislation. Any home detention orders that antihoon laws, and that is another policy that is being were made prior to the repeal of the original legislation implemented. It reflects the community’s expectation will be allowed to run their due course. The bill thus that hoon drivers, who are a danger to themselves and adheres to the notion that existing orders should be other road users, will be dealt with appropriately. respected. Once the commencement date of the repeal Action to fulfil the government’s pledge to place comes into effect the courts and the adult parole board 940 protective services officers across every will no longer have suspended sentencing as an option. metropolitan railway station and major regional station is also in progress. The policy will provide I firmly believe that the Victorian people are right appropriately trained officers — not plastic police, as behind the government’s approach of getting tough on some members opposite describe them — to make crime. During the election campaign the subject of stations places of safety. lenient or inadequate sentencing was brought home to me in no uncertain terms. On 16 September last year I The government has also taken a tougher stance against was doorknocking in the suburb of Grovedale and at violent drunks and alcohol-fuelled violence: fines have the same time handing out the coalition’s policy flyer been increased and police and licensees have been on law and order. I knocked on the door of Nicole given additional powers and controls. The sale of Plowman, who by sheer coincidence had just finished knives to minors has been banned to address the filming a story with the ABC’s Stateline program in her increase in knife violence. lounge room that day. Nicole recounted the story of her brother, who had been killed by a perpetrator who The abolition of home detention is part of a suite of stabbed him over 40 times and then used the defence of changes the government has made in its commitment to
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
2934 ASSEMBLY Wednesday, 31 August 2011 law and order. I recall the lead speaker for the I want to go to some more of the detail of home opposition saying that we have been a dithering detention sentencing and what it has been able to do. I government. The actions I have just listed do not reflect want to deal with the reality, which is that the home dithering. In nine months we have put the policies we detention option was one part of a mix of law and order presented to the Victorian people into action. We are and crime prevention strategies that the previous not dithering at all; we are delivering. The people of government put in place. I contend that it is no accident Victoria expect a tougher stance on law and order, and that there is a correlation between the eight-year low the government is absolutely committed to that. I fully rates of recidivism experienced under the previous support the bill, and I commend it to the house. government and the suite of law-and-order measures which had a very clear focus on crime prevention and Ms D’AMBROSIO (Mill Park) — I rise to speak on reforming the sentencing options that were available on the Sentencing Legislation Amendment (Abolition to discourage repeat offenders. of Home Detention) Bill 2011. As has been previously stated by members on this side of the house, Labor does That is very important when we are talking about public not oppose the bill. However, some serious issues need policy, because it is very easy for the government to to be placed on the record regarding the government’s talk about the rhetoric of jail meaning jail or indeed rhetoric and the mismatch between its rhetoric and its being tough on crime, as opposed to the position of actions. others who it has claimed are soft on crime. But the test sits in the public policy outcomes and in terms of The government has made much of this more strident whether the rhetoric is borne out by action and results. I approach to law and order, of not being soft on contend that this side of the house has a very strong crime — and the corollary of that is the claim that record on crime prevention and on the reform of somehow those on this side of the house were soft on sentencing options. The outcomes are there to be seen crime when in government — and of jail meaning jail. with the lower rates of repeat offending. The statistics On each of those frames for debate or discussion the are there for everyone to see. coalition government falls short in the proof. In dealing with the complexity of this issue, we only I will talk about a number of issues that may arise as a have to look at the crime figures, including the family result of the bill. The bill removes the option for orders violence statistics, that were released yesterday. Putting to be made for home detention. Over the last few years aside the questioning of the government about the two types of home detention orders have been available validity of such figures, the fact remains that we have in very limited circumstances and for very low-risk seen an increase in family violence and a less than offenders: firstly, courts could make a home detention satisfactory response from the government as a result of order for a sentence of imprisonment of up to a year; the release of those figures. We have not had any and secondly, the Adult Parole Board of Victoria could family violence statements to say the government will strike in favour of a home detention order for a tackle this area of violent crime against the minimum-security-rated prisoner who had served no individual — the victims who this government claims it less than two-thirds of their minimum term and was supports through its so-called tough-on-crime, within six months of their earliest release date. jail-means-jail approach to sentencing and law and order. This bill will abolish that under a banner which says that somehow jail will mean jail and the government is I remind the house that it is very easy and it does not delivering on that aspect of its law-and-order agenda. cost much to talk the rhetoric of being tough on crime, But it is important to note that jail does not seem to but the proof of the pudding is in the results you get. I mean jail when it comes to using this bill as a fear the results we may receive. We do not know demonstration of that rhetoric. We only have to look at exactly how the law-and-order agenda of this the fact that under the previous government we had an government is going to stack up, but the fact is that it eight-year decline in recidivism rates in Victoria. There will be measured against the eight-year reduction in is a gulf between the rhetoric and the action of this recidivism rates that was achieved under the previous government. We only have to look at the fact that under government. That is what we will measure the this government jail does not mean jail, because up government against. until now at least it has only removed suspended sentences from three particular crimes. Obviously there Mr Mulder interjected. is some way to go before this government’s rhetoric meets its actions of jail meaning jail. Ms D’AMBROSIO — The Minister for Public Transport, who is at the table, talks about dodgy
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2935 figures, but the fact is that what people on this side of terms of imprisonment. When the Liberal Party went to the house and victims of crime and family violence the election in November 2010 we had a very clear would have liked to have seen yesterday was a clear commitment to law and order. This commitment, which policy statement from the government to say, ‘We was one of many, was to abolish home detention as part acknowledge that family violence has increased, and of our law-and-order policy. In Victoria we take our this is our policy for reform in this area. This is how we law-and-order policy very seriously. For 11 long, dark are going to tackle crime prevention’, and family years we saw a soft-on-crime policy. Sadly, the violence is as valid a crime as any other crime that the statistics that came out recently indicate there has been government wishes to focus on. But we heard nothing an increase in family violence, but anyone who has from the government yesterday. studied and understands statistical data and the research behind the data that comes out will know that the What we heard a number of months ago from the figures are retrospective. This reinforces what the Minister for Crime Prevention was an admission of government says about the opposition, when in failure before the government had even started. He government, taking a soft-on-crime approach to crime projected there would be an increase rather than a and not really caring about the safety of families or decrease in crime over a period of years. If that is the individuals here in Victoria. That is an absolute measure that Victorians use to see where the disgrace. government sits on a lot of its crime prevention rhetoric, then it has already failed. If it is about The residents of Bentleigh that I spoke to prior to the lowering the expectations of the Victorian community, election told me they were supportive of this — — it is a sad reflection of the calibre of this government and its commitment to bringing about the results on the Mr Foley interjected. ground, which are about reducing crime in the first place. We have heard nothing whatsoever from the The ACTING SPEAKER (Mr Tilley) — Order! government about crime prevention, stopping crime The member for Albert Park can stand on his feet and before victims are created and dealing with the issue of raise a point of order but should not sit there and talk sentencing options to discourage repeat offenders. over the member for Bentleigh.
That is what Victorians want to hear from this Mr Foley — On a point of order, Acting Speaker, government. While the opposition does not oppose the the member for Bentleigh needs to understand the bill, because it is a policy which this government was forms and processes of this house and the historical very strident on in its election campaign, we do not facts. As a former serving police officer yourself, believe the government’s rhetoric matches its actions, Acting Speaker, you know that the entire process and in time we will see the results. They are results around the family violence strategy was one of which this government has already foreshadowed will changing the culture of the justice system from one end receive a big F for failure in terms of crime prevention to the other to encourage reporting — — and reduced recidivism rates. The ACTING SPEAKER (Mr Tilley) — Order! I Ms MILLER (Bentleigh) — I am delighted to stand have heard enough. What exactly is the member’s point to represent my constituents from Bentleigh in the of order? debate on the Sentencing Legislation Amendment Mr Foley — For the member for Bentleigh to take (Abolition of Home Detention) Bill 2011. I was the line she was taking is offensive to the victims of extremely disappointed to hear the previous speaker. I domestic violence and reveals her own ignorance more have to say there are more members on my side of the than anything else. chamber right now, which sends a very clear message that this government takes this matter very seriously. The GACTIN SPEAKER (Mr Tilley) — Order! We in government take our policy and this bill very Does the member for Albert Park want to raise a point seriously, and I have good representation here today to of order? What is his point of order? support that view. Mr Foley — I have made my point, Acting Speaker. The bill is about home detention as a sentencing option that is available to a court and to the Adult Parole Board Ms MILLER — As I was saying, during the of Victoria when an offender has partially served their election campaign residents in the Bentleigh electorate term of imprisonment. The bill will remove from the were very supportive of this policy and delighted by the adult parole board the power to make home detention prospect that if we were elected we would enforce the orders for certain offenders nearing the end of their policy. Basically it is about restoring truth in
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
2936 ASSEMBLY Wednesday, 31 August 2011 sentencing, unlike what we have now after the previous The other thing I want to draw to the attention of the 11 long, dark years. It is about restoring community house is a media release about the coalition’s policy confidence in the law and in the judicial system — that was published prior to the election. It states: basically it means that jail means jail. What impact does it have on a family? Home detention is a cost and a Labor has been soft on crime for 10 years. It’s time to take a stand for victims of crime and ensure those who commit an burden on the families involved, and it can have an offence pay for their behaviour … emotional and a psychological impact on the members of families. It goes on:
This bill demonstrates that we are going to be strong Victims of crime need to have faith that the justice system and tough on crime; we are not going to be soft like our will provide sentencing that fits the crime. predecessors have been. Offenders who get jail Following on from that the media release states: sentences will also realise that in the past they were lucky to have had the privilege of home detention. It is Abolishing home detention will further improve Victoria’s going to simplify and clarify sentencing practices. sentencing laws alongside other reforms previously announced by the coalition, such as the two-year licensed Labor has confused this policy in the past, and this is premises ban for perpetrators of drunken violence. evident from the violence we have on our streets today. We are actually taking a firm stand, and we are not I want to emphasise that the policy that we are going to going to tolerate this any more. be introducing here — and I think it is a very good one — will basically make sure that our streets are safer From March 2004 to July 2011 a total of 617 home and that people who do commit crimes actually do the detention orders were made; 113 of which were made time — and that will be good for all Victorians. The by the courts and 504 of which were made by the Adult fact that we are getting an extra 1600 police and Parole Board of Victoria. Interestingly 492 of those protective services officers is going to ensure increased were male and 125 were female. This bill will preserve safety. We will have an additional 100 transit police as existing home detention orders. It will also rectify two well. In terms of Victoria having the lowest number of technical issues. The first is to insert a transitional police per capita in this country we are certainly taking provision and the second is to rectify a a stand and acknowledging that safety and violence cross-referencing error in clause 27(3). have been issues here in Victoria. This is just one of several clear parts of our plan to take a zero tolerance In conclusion, the government’s intention to abolish approach to improving safety and decreasing violence home detention will repeal the power of the courts or on our streets. I commend the bill to the house. the Adult Parole Board of Victoria to make home detention orders. These powers will be repealed when Mr BROOKS (Bundoora) — It is a pleasure to join commencement of the legislation is proclaimed. Jobs the debate on the Sentencing Legislation Amendment will not be lost as a result of the abolition of home (Abolition of Home Detention) Bill 2011. I will restate detention, and those staff members affected by the the position previously put by the shadow minister for legislation will continue to administer consumer protection that the Labor Party will not be community-based orders. In the past job loss may have opposing this bill. We understand it was an election been a possibility but not with this government. We are commitment of the incoming government, and given going to be doing the right thing by all Victorians; we that there are, according to my figures, only 20 people are going to be doing the right thing by the people of across the state participating in this program, it will not Bentleigh. When people are sentenced, because they have a large effect on sentencing outcomes in Victoria. have done the crime, they are going to do the time. To I will come back to this point and some of the other anyone out there this means that jail means jail. arguments made by the members opposite in a moment.
We are taking a strong stance with this policy, and we One of the issues I did want to touch on — and I do not will not be fudging figures as has been done in the past. think it has been covered in the debate so far — is that We are going to be open and transparent, and we are some people, particularly those who are willing to run going to be very clear in dealing with the people of the mantra about being tough on crime and locking Victoria. If people are going to commit a crime in any people away, might not want to look at the nuances of shape or form and they unfortunately get sentenced to this issue. The Scrutiny of Acts and Regulations jail, then that is exactly what they are going to get. They Committee (SARC) picked up on a couple of very are going to go to jail. They will not be doing any time important points in their Alert Digest No. 7 of 2011. I at home; they will not be having any impact on their quote from that committee report, which of course has a family or the community. majority of government members on it. It states:
SENTENCING LEGISLATION AMENDMENT (ABOLITION OF HOME DETENTION) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2937
The committee notes that, since the start of 2004, sentencing $55 million for capital works. The opposition will keep judges have fixed non-parole periods in the knowledge that a watching brief on that massively expensive project. eligible offenders may be able to spend the last six months of their minimum terms of imprisonment in home detention. Indeed, since the start of 2011, sentencing judges have been For example, I urge members to look at the crime able to make directions as to whether offenders are eligible statistics released yesterday by the Acting Chief for home detention in that period. The committee observes Commissioner of Police. Nine months into its term this that, given these regimes, sentencing judges may have government has allocated $200 million to increase assessed the onerousness of non-parole periods for eligible security on public transport. Fortunately statistics show offenders in light of their eligibility for home detention orders. The existence of these regimes may also have led there were no homicides on public transport, however, eligible offenders to decline to appeal sentences that they there were 58 homicides in people’s homes. In addition, might otherwise have appealed. there were 1284 incidents of assault on public transport, but there were 16 185 incidents of assault in people’s It is not for me to jump to the defence of offenders in homes — 15 times more assaults in homes than on this place, but it would seem that through a proper railway stations. Some 3139 incidents of sexual assault, debate around judicial fairness offenders, when non-rape, were reported as having occurred in people’s deciding whether or not to appeal their sentence, would homes, with 193 incidents on public transport. take into account the fact that they may be eligible for home detention in the latter part of their sentence. There These figures give members an idea of the scale of the is an issue here around people who have already problem of family violence. As was discussed pleaded their case and whether or not they have been yesterday — and I think the Acting Chief afforded home detention. This law changes the Commissioner of Police acknowledged this — the goalposts once they have made that decision. It was an problem with family violence is that it is hard to important point raised by SARC. It is probably not understand its extent because we would imagine that a central to the debate here, which is more around the lot of it goes unreported. It is important that a politics than the sentencing outcomes, but it is an government in this state tackles that problem — — important point nonetheless. Mr Mulder — You had 11 years to do something We have heard a lot from members opposite with their about it. What did you do? comments of ‘jail means jail’ and ‘the last government was soft on crime’ — the softest thing on crime that I Mr BROOKS — I will come to that, because the have seen in the nearly five years I have been here is Labor government had a proud record of tackling the legislative program that this government has family violence. As the member for Albert Park tried to implemented over the last nine months. We have seen say in a point of order, it was the Labor government legislation come into this place that does very little to that introduced reporting mechanisms to ensure that tackle the real problems of crime in this state. It is great police followed up incidents of family violence. That to increase police numbers. The Bracks and Brumby stands in stark contrast with the performance of this Labor governments increased police numbers after the government, the members of which are only interested numbers were slashed by 800 under the former Liberal in law-and-order issues if they have a political outcome. government. We can talk about police numbers and If they can show a police officer standing on a corner or about putting police on the streets, but what yesterday’s a protective services officer standing on a railway police statistics show is the dark insidious problem — station with a gun, that is a good look for them, but if it ‘insidious’ was the word used by the Acting Chief is family violence, where it is very hard to convert the Commissioner of Police — of family violence in our resources of government into political capital, this community. Family violence has jumped by 25 per cent government goes missing. since the last year, a topic ably spoken about by the shadow minister for housing who is at the table, the This issue was picked up by Farrah Tomazin some time member for Mill Park. ago, well before these latest police statistics came out. I will quote sections of the article she wrote in the Age of I note that the government’s flagship law-and-order 19 June under the headline ‘For all his tough talk, Ted policy, the placement of protective services officers at Baillieu has been silent on domestic violence’. The railway stations, is costed at this point at $212 million. article states: We have to keep track of the cost because it keeps jumping up: there was the $50 million blow-out for that Yet for all the chest-beating around community safety, the government has been relatively silent when it comes to family program announced in the last budget, and then of violence. course there is the additional $55 million for capital works. At this point we are looking at $212 million plus Law and order shouldn’t just be about what happens on King Street, or at your local pub or train station. It’s as much about
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2938 ASSEMBLY Wednesday, 31 August 2011
the brutality that women and children face behind closed publishing of mobile speed camera data. I will return doors. with much anticipation to the Auditor-General’s report If you’re going to argue Melbourne’s streets are rife with later on in my contribution. violence, you can’t ignore the proportion of assaults committed in the home. It is also appropriate during this debate to pose the same question I posed during the grievance debate earlier The article closes with the statement: today — that is, where is this government’s If the government really wants to get tough on crime, it comprehensive road safety strategy? It is coming at should address what happens behind closed doors. For too some stage. During question time we heard two many women and children, that’s where violence is at its extraordinary answers from the government. We heard ugliest. an admission from the Minister for Roads that we may get the strategy by the end of the year; therefore the The members of the government who are happy to comprehensive road safety strategy is 12 months chant their mantras and slogans of ‘Tough on crime’ overdue. The second extraordinary answer was from and ‘Jail means jail’ should focus their attention on the Minister for Police and Emergency Services, who where, according to these police statistics, the large was pretending that he was happy about the problem in crime is occurring. Family violence is a Auditor-General’s report. scourge in our society, and it really is up to members of the government to come up with a coherent strategy to Mr Noonan — It is embarrassing. tackle that problem. This bill, as I said, is not being opposed by the opposition; we are happy to support its Mr MERLINO — I think he is embarrassed by the passage. It was part of the government’s election contradictions between what was said by the coalition manifesto, but with only 20 people in the program it is in opposition and what the Auditor-General has made very hard to see how the opposition can beat their clear in his report today. On the question of where the chests about being tough on law and order, because this government’s comprehensive road safety strategy is, I particular piece of legislation will do very little to help look forward to hearing from each and every member those victims of crime. of the government during this debate where they think the road safety strategy is and when the people of Debate adjourned on motion of Mr NORTHE Victoria will see it. (Morwell). How on earth can this government justify the fact that Debate adjourned until later this day. more than 9 months — almost 10 months now — have passed since Arrive Alive was due to be updated? Nothing has happened: the road safety field has been ROAD SAFETY CAMERA vacated. The Minister for Roads, who promised to up COMMISSIONER BILL 2011 the ante on road safety, along with his road safety Second reading colleagues, the Minister for Police and Emergency Services and the minister responsible for the Transport Debate resumed from 31 May; motion of Mr RYAN Accident Commission, have failed miserably to uphold (Minister for Police and Emergency Services). the high standards set in Victoria over four decades. The successful Arrive Alive strategy helped drive the Mr MERLINO (Monbulk) — I rise to speak on the road toll down from 444 fatalities in 2001 to 288 last Road Safety Camera Commissioner Bill 2011. It is year — the lowest on record. In anyone’s language it ironic that we are debating this bill today, the day the has been an outstanding success. As the shadow Auditor-General has handed down his report on the minister for the Transport Accident Commission and road safety camera program. I am glad the Minister for road safety I am proud of Labor’s record in Roads is at the table, because I think he would be sorely government. I am glad the former Minister for Roads disappointed with the findings and recommendations and Ports, the member for Tarneit, is the shadow made in the report. The report completely debunks minister at the table. everything coalition members have said about road safety cameras, particularly what was said by the Following the election last year the government’s road Minister for Roads when he was shadow minister over safety partners, Victoria Police, the TAC (Transport the course of the Bracks and Brumby governments. The Accident Commission) and VicRoads, were ready to hit report not only debunks every single thing the shadow the ground running with the new administration. A minister at the time said but rebukes the policy the huge amount of work had been done over the course of government has implemented in regard to the a year developing ideas and proposals for the next
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2939 iteration of Arrive Alive. The action plan was due to be months to debate this thing that will not do anything to released in December, and it was ready to go. What has make our roads safer. Members opposite do not want to happened to that work? It was ready to go. Surely it debate it because they know the debate will highlight does not take nine months to consider the work we how little they have done on road safety. know was prepared in the development of the action plan. This bill and the extension of Labor’s hoon driving legislation is no substitute for a comprehensive road This is one of the clearest examples of how dithering safety strategy. indecision has taken hold of this government. The people in the black hole of the Premier’s office have in Mr Mulder interjected. their clutches the work to deliver the update to Arrive Alive, but the three ministers responsible for road safety Mr MERLINO — It is not. Unfortunately those in this state are too weak to prise that work from the opposite are so incapable of thinking beyond their own hands of those at 1 Treasury Place and deliver it to the limited election promises that that is all the Victorian people of Victoria. This is a reprehensible situation. We community gets. Their attitude is, ‘If it is not our idea, it are talking about people’s lives. The issue is not is not a good idea and we are not going to even discuss optional. Road safety is not something a government it’. It is woefully inadequate. can choose to engage with or not. It is not acceptable to I talked earlier today about the cost of road trauma. We waste 12 months. Time after time we have said, ‘You had 288 fatalities last year, with 1400 Australia wide. don’t reduce the road toll by doing nothing’. We are There were almost 5500 hospital admissions in Victoria talking about the lives of Victoria’s citizens. Driving in 2010, with over 32 500 across the country. down the road toll is hard work. It requires constant According to the Auditor-General’s report the annual innovation and informed decisions through a clear financial cost for Victoria was $3.8 billion. Around the evidence-based approach. As we will hear later from country it is around $27 billion a year. the Auditor-General’s report, that is something the government categorically has not done. There is also the human cost to devastated families. I have had a number of discussions with Karen Where are the new ideas to further reduce the road toll Robinson, whose son was killed in a road accident. She and the impact of road trauma? The answer would be refers to the ripple effect, and she showed me the met with horror by anyone or any family impacted by presentation she makes at trauma seminars. People who the tragedy of road trauma, because, as was conceded have been convicted of dangerous driving are ordered by the minister during question time today, the answer to undertake these seminars, and Karen has a is that the government has no comprehensive road presentation which features her son in the middle and safety strategy and no vision of where it wants to take shows the ripple effect on the immediate family, the road safety over the next several years. extended family, workmates and friends. It goes on and As we have already heard, the government has shelved on, and it is quite confronting. Arrive Alive, scrapped the innovative road safety As I said at the beginning of my contribution, Victoria experience centre and reduced funding for road safety has a strong record of leadership and innovation in road initiatives. You do not reduce the road toll by doing safety. It was the first jurisdiction in the world to nothing. The opposition is not going to oppose this bill, legislate for the mandatory wearing of seatbelts in but let us be clear about what this bill does and does not 1970. do. The bill simply creates additional speed camera oversight. That is where it begins and that is where it An honourable member interjected. ends. This bill will not make our roads safer. It will not save one life, it will not help reduce serious injury, and Mr MERLINO — I take up the interjection. it will not change driver behaviour. It will not do any of Indeed, over four decades the support has been those things. This is the coalition government’s pathetic bipartisan. Victorian governments over the last four contribution to road safety in this state. decades have led the world on road safety initiatives, but you do not get bipartisan support for doing nothing. I suspect that government members are embarrassed by Labor will not support a government that does nothing. this debate. They are certainly embarrassed that this bill It may have been a Liberal government back in 1970 is being debated today, the same day the that introduced the mandatory wearing of seatbelts, but Auditor-General’s report has been handed down. This it is a poor reflection on the Liberal government of bill, which will not save one life, has been on the notice 2011. paper since May. We have been ready for months and
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2940 ASSEMBLY Wednesday, 31 August 2011
As a state, from 1970 on we have consistently pushed said in an editorial opinion piece in the Age of the envelope as we have searched for effective ways to 11 August: reduce the impact of road trauma. We have introduced mass-scale roadside random breath testing and random We know that the greater the speed at impact, the greater the kinetic energy, and hence the severity of injury. Clearly drug testing, we have invested in safer roads and we anything that reduces the kinetic energy reduces the level of have introduced cutting-edge advertising campaigns trauma. We know from research in Scandinavia that even a that have made a difference. We have strengthened our 10 per cent reduction in speed across the road network licensing regime, and under the leadership of the former equates to 30–40 per cent reduction in fatalities. Minister for Roads and Ports we legislated for the The management of speed is the success story of road injury mandatory installation of electronic stability control in prevention, and much of this success can be attributed to the all new vehicles. Those are the things we have done, widespread roll-out of overt cameras, such as red light and those are the things that have made the difference. cameras — They have delivered a 35 per cent drop in the road toll does the minister want leniency for people who go from 444 fatalities in 2001 to 288 last year, but we through a red light camera? — know there is so much more that we need to do and must do. Two hundred and eighty-eight lives are 288 and covert, such as mobile speed cameras. too many, and almost 5500 injuries per year; the In combination, both overt and covert cameras act as a statistics are astonishing, and as I said earlier, the ripple deterrent, discouraging offenders from reoffending and effect on friends and family impacted upon by road deterring all road users, irrespective of whether they have trauma is immense. previously offended.
The final, sobering reality — and a point I would make He goes on to say: to a government that has done nothing and will do The evidence of the effectiveness of overt speed cameras is nothing for 12 months — is that, despite all the gains overwhelming, with recent evaluations of red light and fixed that governments on both sides have made over the last speed cameras in Victoria highlighting a 47 per cent reduction four decades, we are still more likely to die — — in casualty crashes and an associated cost saving to the community of more than $8 million a year. The evidence of Mr Mulder interjected. the effectiveness of covert speed cameras is equally compelling, with a further 21 per cent reduction in serious Mr MERLINO — The minister is one to talk. We casualty crashes observed following their introduction in Victoria a decade ago. are still more likely to die violently as a result of a road crash than from any other cause. We know that speed is Increasing road safety is all about changing behaviour, the key contributor; we know that speed is a factor in and as Professor Stevenson said, both overt and covert about 30 per cent of road fatalities. Speed reduces the cameras act as a specific deterrent. They may not time drivers have to react and avoid crashes, as well as always be popular, but we know road safety cameras reducing their ability to control their vehicle. Speed play a critical role and save lives. A look at the statistics lengthens stopping distances, increasing both the also shows that their deterrence role has been likelihood of an accident and the severity of the crash successful. According to figures published on the outcome. Transport Accident Commission website we have seen an increase in the hours that mobile speed cameras have I refer to page 59 of the National Road Safety Strategy been used over the last five years, and we have also 2011–2020, which under the heading ‘Evidence — seen a decrease in the number of offences recorded per what is known’ and the subheading ‘Crash risk hour of use. evidence’ says: In 2006 there were 75 868 hours of mobile speed The likelihood of being involved in a serious casualty crash rises significantly with even minor changes in travelling camera time recorded, and 10.12 offences per hour speed. For example, Australian research has shown that the were recorded. The annual figure reflected drops in risk of a serious casualty crash doubles with just a offences per hour for each and every year thereafter 5-kilometre-per-hour speed increase on such that by last year, 2010, there were 196 810 hours 60-kilometre-per-hour urban roads or with a 10-kilometre-per-hour increase on rural highways. of mobile speed camera time and 6.35 offences recorded per hour. The deterrence effect of speed The Monash University Accident Research Centre has cameras is working. been terrific in assisting the state and federal governments to develop road safety strategies and The proportion of vehicles travelling more than reduce road trauma for some 20 years. I quote Professor 10 kilometres over the speed limit has dropped to less Mark Stevenson, the director of MUARC, who recently than 0.7 per cent of the total recorded offences by speed
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2941 cameras in 2010. It was the lowest figure ever recorded. Mr Mulder — You’re an angry man. This demonstrates a pattern of behaviour. It demonstrates that people are changing their behaviours Mr MERLINO — No, I am mild mannered — I for the better. I highlight this and will refer to the really am. In 2003 the then shadow Minister for National Road Safety Strategy 2011–2020. In this Transport, one of the coalition’s worst offenders, was strategy there is a case study of Victoria. It says on reported as saying: page 61, under ‘A speed enforcement case study’: The Bracks government is squeezing every last dollar out of the Victorian motorist … In 2000, Victoria had a relatively intensive enforcement program, including covert speed cameras, backed by an extensive speed-related public information program. Starting In 2007 he said the use of the term ‘road safety camera’ in December 2000, Victoria progressively introduced a was a deliberate political ploy. He then was reported as package of measures to improve speed compliance, including: calling it a ‘speed camera revenue-raising bonanza’. In 2009 he was reported to have said: increasing speed camera operating hours by about 50 per cent; John Brumby writes a speeding fine every 25 seconds … making enforcement more covert and unpredictable; In 2010 he was reported to have said road safety increasing the number of enforcement sites in use; cameras were an ‘underhanded form of speed monitoring’. He was reported to have said in terms of lowering the speed camera enforcement tolerance; dangerous driving through intersections and revenue reducing the thresholds for penalties applying to that: different levels of speeding offence; The latter takes precedent with the Bracks government. increasing the amount of speed-related advertising. In October 2010 he was reported as having said that A comprehensive statistical evaluation of the impact of this people who run red lights should get off with a warning package found that by the latter half of 2004 it had resulted in a 10 per cent reduction in all casualty crashes (involving death and that: or injury) and a 27 per cent reduction in fatal crashes … [Drivers] are getting absolutely sick of it … That is a Labor. That is a road safety strategy delivered That meant that drivers were getting absolutely sick of by Labor. That is what we expect this new government being fined when they drove through a red light. It was to do. not just the present Minister for Roads who spent time The evidence is clear about road safety cameras — they attacking road safety cameras and their impact on have an impact on driver behaviour. Why was it that tackling road trauma. During the election campaign the members of the then Baillieu opposition ran a then Leader of the Opposition reportedly said, ‘Most consistent campaign to undermine public confidence in people think speed cameras are revenue raising’. He road safety cameras? In a reckless and dangerous was reported to have promised to locate them: manner, in complete contradiction of the facts and where they are needed, not just for revenue … contrary to expert advice, it peddled the message that road safety cameras were not about road safety but Members should not let this convenient political story about revenue raising. It did this — I will outline that get in the way of facts. Firstly, the Auditor-General’s that is beyond doubt. The fact that it did this findings in the report of July 2006 entitled Making undermines the integrity of this government when it Travel Safer — Victoria’s Speed Enforcement Program comes to road safety. state at paragraph 4.4.4:
We heard the hypocrisy of the Minister for Police and We are satisfied that targeting of mobile camera activity to Emergency Services during question time. What did sites is primarily based on reducing travel speeds and risk, rather than maximising the numbers of infringements issued. coalition members say when they were in opposition? Frankly they were a friend of the hoon. In 2003 the then Deployment to sites takes into account crash history, traffic shadow Minister for Transport, the member for volume and infringement rates. We found no evidence that Polwarth and current Minister for Roads — — deployment to sites was targeted at maximising ‘hit rates’ of infringements. Mr Mulder interjected. That is supported by the Auditor-General’s report that Mr MERLINO — They may laugh now, but was handed down today, but the then opposition opposition members should have a listen to quotations blatantly ignored those facts. If the coalition’s reckless of their colleagues. In 2003 — — and dangerous statements became its policies, it would
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2942 ASSEMBLY Wednesday, 31 August 2011 lead to an increase in the road toll — that is, there members of the coalition, who at every opportunity would be more deaths and more injuries. during the last several years attacked road safety cameras. They were the primary cheerleaders of the In responding to the crazy suggestion that people cameras as revenue-raising brigade. The misguided should be able to run red lights and get away with it, belief that the Minister for Police and Emergency Bruce Corben from the Monash University Accident Services rebukes now that he is in government was the Research Centre was reported to have said: chief criticism of the coalition. This misguided belief was held with a passion by the Premier and the Minister Any moves to soften the enforcement is likely to lead to a less effective outcome against one of our most concerning for Roads. categories of death and serious injury … As I have said, the bill we have before us does not That is, more deaths and more injuries. This was the contain a comprehensive road safety strategy; it simply reckless nature of the opposition before it formed creates the statutory office of road safety camera government. Each of the statements made by the commissioner. The commissioner will be empowered member opposite was deliberately designed to diminish to conduct at least annually reviews and assessments of public confidence in the use of road safety cameras; the accuracy of the system and the information each was carefully crafted to paint speed cameras as provided by the Department of Justice. The some kind of elaborate ploy to rip motorists off by commissioner will undertake investigations into the deception. They were dangerous, irresponsible and integrity, accuracy and efficiency of the system as reckless statements that undermined public confidence requested or agreed to by the minister. The and ignored the fact that road safety cameras save lives. commissioner will also receive complaints. Importantly, though, the commissioner will not The coalition now in government has done a complete investigate individual complaints. There will be no backflip on road safety cameras. Now coalition change to the way individual complaints are handled; members say — and we heard the Minister for Police they will simply be referred to the existing review and Emergency Services say this during question processes through Victoria Police, the courts and the time — that cameras save lives, and not only that but Ombudsman. Any member of the public expecting after years of attacking Labor for perceived revenue anything different from the bells and whistles that were raising through road safety cameras, the Baillieu promised will be disappointed. The commissioner’s government has lifted projected revenues from road complaints investigation power is limited to issues that safety cameras in its first state budget. suggest a systemic failure. These issues may be investigated and recommendations may be made to the I refer to an article that appeared in the Age of minister. The issue of the independence of the 31 January. It states: commissioner is something the government must Mr Ryan said there was a misguided broad belief among clarify during the course of this debate. The minister Victorians the government used cameras purely for revenue promised on 31 January that the road safety camera raising. commissioner would be ‘an independent third party’, ‘I don’t believe that is right’, he said. and on 25 May he said the commissioner would have ‘wide-ranging powers to receive and investigate What hypocrites! In February the Minister for Police complaints’. Given those comments promising and Emergency Services rightly pointed to the road toll wide-ranging and independent powers, why is it that the of 776 fatalities in 1990. The year speed cameras were commissioner may undertake investigations into the introduced there was a record low of 288 fatalities. In integrity, accuracy or efficiency of the system only if an online article entitled ‘Camera locations will save requested or agreed to by the minister? Why is there no lives’ Mr Ryan is reported as saying in February: own-motion power?
We are seeing that direct impact as a result of the cameras. At the departmental briefing the opposition was informed that the terminology ‘own-motion’ would be A Herald Sun article of 20 April reports Mr Ryan as better described in this way: the commissioner may saying: form a view from complaints that there may be a The government believes speed cameras work. We believe systemic issue and then investigate it. There is no fully that cameras do save lives. We are not going to apologise for independent, non-qualified power to investigate them. own-motion inquiries. In addition to the commissioner’s powers, the bill will enable the creation The only ones who need to apologise are the current of an expert reference group to provide advice, and the Minister for Roads, the Premier of this state and other commissioner must report to the Parliament annually.
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2943
In the last couple of minutes let us get to the report of Mr MORRIS (Mornington) — I must say we have the Auditor-General. I will quote from some sections of just been treated to a remarkable tour of the road safety this report. Given all the quotes I have read out from the scene over the last 40 to 45 years. At the 25-minute Minister for Roads and other members of the coalition mark the member for Monbulk actually managed to attacking road safety cameras, what did the speak about the bill for 2 minutes out of 30 minutes. Auditor-General say? He said in his report: Apart from that, it was a grudging admission that opposition members were not opposing the bill. The Road safety cameras improve road safety and reduce road central difficulty with the system we have at the trauma, and their ongoing use as an enforcement tool remains appropriate … moment is an absolute lack of confidence in the system Labor designed. A strong body of research shows road safety cameras improve the behaviour of road users, and reduce speeding and If there is anything being blatantly ignored it is the road crashes. recommendations of the Auditor-General. Obviously In reference to generating revenue the report states: the member for Monbulk did not quite cotton on to the actual recommendations that the Auditor-General has … but this is demonstrably not the primary purpose … made. He made it clear that there is a need to strengthen assurances and to establish regular independent testing The deployment and siting of fixed and mobile cameras is based on the road safety objectives of the program … of the accuracy and reliability of the speed measurement of mobile speed cameras, a need to … the processes and controls in place provide a particularly increase assurance of the accuracy of infringements high level of confidence in the reliability and integrity of the from mobile cameras and a need for a stronger road safety camera system. assurance that the mobile camera operators comply The report goes on to state on page 11: with critical procedures. The Auditor-General also suggested that there was an absolute need for an Cameras have been repeatedly shown to be effective in increase in transparency in certification and that justice reducing crashes and speeding … should be requiring certification service providers to … comply with appropriate quality controls. It goes back to a lack of confidence in the system. That has been the Evidence from Australian and international jurisdictions problem: a lack of confidence in the system that the strongly supports the use of road safety cameras to reduce road trauma. former government put in place. One of the findings of the report is: One of the great privileges of being on this side is that we get the opportunity to set the agenda and to fix the The criteria for siting fixed cameras are soundly based on problems from the last 11 years. We have the crash risk, and all decisions since they were developed have opportunity to deal with problems that have been adhered to these criteria. around for so long that they have become almost The decisions on fixed cameras have always adhered to institutionalised. Road traffic cameras are an essential these criteria. They are always based on reducing road part of the enforcement armoury. If members look back trauma and cutting down the road toll; they were never over all the contributions I have made on speed cameras based on gaining revenue. over the years, they will see that I have never argued that point. They are effective. Not only are speed The final point I would like to make is that the one cameras effective but fixed cameras at dangerous thing the government has done on road safety cameras intersections are a constant reminder to drivers that they is publish their location. What does it say on page 34 of need to obey the rules. the report? It states: Mr Noonan — In other words, you are embarrassed Mobile cameras are intended to create the perception that if about your colleagues. you speed, you will get caught. Since January 2011, DOJ has published a weekly list of sites that have a mobile speed Mr MORRIS — I am not the one who needs to be camera rostered to it … This practice is inconsistent with the intention of the program. embarrassed by this; it is your system that needs fixing, guys! The report refers to the situation in Warrnambool. By publishing the statistics the people in Warrnambool The essential integrity of the system has to be beyond know they can speed because there are no mobile dispute, and that has not been the case for a very long cameras. It is an absolute disgrace. time. For too long the manner in which the oversight of the cameras has been conducted has been left to a
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2944 ASSEMBLY Wednesday, 31 August 2011 system that is open to doubt. There was not a single The point is that people mostly accept responsibility person or even one authority that had the capacity or the when they do the wrong thing. They do not like it. They power to act when it was clear there was a problem will whinge about it, and they will carry on about it, but with the system. they will accept it and pay the fine. It comes at a cost, but they will wear it. The number of people who have One location — and members of the 56th Parliament been complaining about this camera makes it clear that will be aware of this, as I have spoken about it there has been a problem in this case. There are steep frequently — in the Mornington electorate became penalties, as indeed there should be, for running a red notorious because of problems and failures in the light. In terms of the other camera, there were operation of the fixed camera at the corner of incredible numbers of speeding tickets issued but no Bungower Road and Nepean Highway in Mornington. complaints. There was a problem with the red-light The record shows that I raised this matter on the camera. People were quite certain they had not adjournment on two occasions. I also raised it in a committed an offence, and hundreds of complaints members statement, and it was the subject of a response were received. As I said, there are steep penalties, as to 32 questions on notice from the then minister for there should be. There is a significant fine and the loss roads and the then minister for police and another 20 or of three demerit points if you run a red light. It is an so that were not answered by the time Parliament was entirely appropriate penalty if an offence has been prorogued. committed, but of course when no offence has been committed it is entirely unfair. Despite all that activity on my part and on the part of my constituents, and indeed many other attempts and One of the things the Bungower Road experience efforts to get through the processes, we were totally underlined for me is that despite an incredibly high unable to obtain a satisfactory explanation as to what number of prosecutions and complaints the only option the problem with these traffic cameras was. Just up the we had, and that my constituents had, was to pursue road there is another set of cameras that I have had not each one individually. Hundreds of separate court cases one complaint about. The Bungower Road cameras would have had to be prosecuted, each one considered receive literally hundreds of complaints. Do not tell me in isolation from the others. There was no capacity in that I have a totally different community less than a the system at all to say, ‘Look, we’ve got a problem kilometre up the road. It is the same people using both here. There is a wider issue and it needs to be dealt intersections, yet there is a problem with one and not with’. with the other. The proposal put to the house by the government is When the questions were asked the departments of certainly a welcome one — that is, to establish an office Justice and Transport effectively played pass the parcel. of road safety camera commissioner, with the processes Upon my initial inquiry in February I was told road and authority that are to be provided to that office. As I safety cameras were managed by the Department of said at the outset, the central intent, and I believe the Justice. I wrote to that department only to be told that outcome, of this legislation will be improved timing issues were the responsibility of the Minister for accountability and improved transparency for the entire Roads. From my own investigations, entirely road safety camera system. With that transparency and non-technical of course, it seems that there were in this accountability will come renewed credibility for the case a combination of what you might call system and improved public confidence in it. Public cross-jurisdictional matters — issues with the cameras confidence simply does not exist now. and the sensors caused the problem with this set of lights. The commissioner will be a part-time position. It will be a Governor in Council appointment for a three-year In my second adjournment matter I raised directly the term. It will be an independent office, and it will have issue of the road sensors. Unfortunately the then the capacity to provide the assurance that the Victorian responsible minister, Bob Cameron, did not have the community so desperately needs to know that the traffic opportunity, to put it charitably, to respond prior to camera system is working properly. The three main leaving the Parliament. I made the point that this is not purposes are, as the legislation outlines, quality the only camera in the area; there is another one around assurance, complaints management and the power to 800 metres to 1 kilometre down the road. There has look at the issues relating to the integrity and accuracy been not one complaint about that camera — it is of the system. There is provision for a reference group, exactly the same setup — but literally hundreds of and given that this is a very technical field, I think that complaints about the others. is an important role that will assist the commission and provide detailed assurance. Importantly, under
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2945 clause 21 there is capacity to report findings directly to government, but it is revenue that is also reinvested in the Parliament. reducing the road toll.
This is an excellent bill. It will restore public While there is no dispute that public confidence in road confidence in the system. It will provide the capacity to safety cameras is low, one must question the cost of this deal with the problems of the type I have alluded to in commissioner, the staff and the infrastructure that the relation to Bungower Road. I certainly welcome the government is proposing to address this issue, instead implementation of this policy commitment. of it looking at the proposals of the Auditor-General, which are about improving the communications Ms HALFPENNY (Thomastown) — I rise to speak strategy to allow people to better understand the in the debate on the Road Safety Camera workings of the system. Commissioner Bill 2011. The bill establishes a Victorian road safety camera commissioner in an Given that there are such limited responsibilities for this attempt to restore public confidence in the system. I commissioner, albeit that it would be a part-time have to say, based on what the he said, previous commissioner, surely those responsibilities could be speaker needs to improve his advocacy skills on behalf added to existing functionaries, rather than taking of his constituents, and he obviously has not read the money from other projects to fund this one. This Auditor-General’s report that actually talks about government’s way of doing things is slowly emerging, evidence-based investigation into the road safety and I say slowly because its rate of achievement is so camera system and its integrity and accuracy. slow that it would be hard-pressed to trigger a speed camera. This government is quick to cut funding to We know this system has had its problems and faults in essential and basic services in order to pay for its the past because of the wrongful issuing of fines in obsession for reviews and projects that give the some cases. There is also a general perception that the impression of action; however, what is needed on the road safety cameras are about raising revenue for government benches is a serious engine tune-up. The government rather than about improving safety on our reality is that essential services are being cut and roads. However, it should not be forgotten that these sacrificed to pay for projects like this one, and there are cameras can and do reduce road trauma, reduce plenty of questions that typically this government is accidents and save lives. They also reduce the leaving unanswered. For example, how will this heartbreak that can be caused by dangerous driving. As commissioner in apparent isolation actually make the I have said, this has been confirmed by the latest roads safer, given the government’s failure to update Auditor-General’s report released today. the Arrive Alive program? How are we and the public to feel better about a system when it is clearly beholden Let me be clear in saying that the opposition does not to the minister of the day? oppose this bill, but it does have lots of questions. Those questions are concerned with whether this bill I would like to see these questions answered by this and the introduction of the commissioner will lend government before it embarks upon yet another reform themselves to what is necessary to reduce the road toll, just for the sake of it. But sadly this government’s or whether this might be a time for the government to modus operandi is becoming all too clear — that is, cut consider that there is an awful lot that it is not doing and programs that work and that matter to hardworking that it seems to be content to leave a lot of things Victorians in order to fund projects that are a triumph of undone. spin over substance and that will not achieve their stated aims. We see the innovative and highly Comments made a number of months ago in the Age by successful Innovative Developments in the Education the RACV general manager of public policy reflect the of Children with Autism program for autistic children general view in some ways when he said that the at Moomba Park Primary School about to be scrapped credibility of the speed camera program was in by this government because it cannot provide $150 000 question. He said that speed cameras should be placed to continue the program; we see students and teachers in locations of high accident risk, or where it is found at Thomastown West Primary School forced to work in that there were large numbers of speeding drivers, but leaky, smelly portables because this government will that they should not be placed in locations clearly not provide money to build classrooms; and we see designed to raise revenue, such as at the bottom of hills. students that might otherwise drop out of school have This has been the perception, and the bill is supposed to their Victorian certificate of applied learning restore the credibility of this system — a system that opportunities — — generates revenue. Yes, the revenue is for the
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2946 ASSEMBLY Wednesday, 31 August 2011
Mr Dixon — On a point of order, Acting Speaker, But again this government embarks on a strategy that is the member is way off the bill now. I am more than about a win for spin over substance and which uses a happy to engage in an education debate, but I costly bureaucracy as a mechanism to push problems to understand that this bill is about speed cameras. arm’s length and to further delay any meaningful action. The ACTING SPEAKER (Mr Tilley) — Order! I ask the member to come back to the bill. Mr WELLER (Rodney) — It gives me great pleasure to speak on the Road Safety Camera Ms HALFPENNY — I am talking about the bill Commissioner Bill 2011. There is no doubt that if you and the cost of the bill. reduce speed you will save lives. The members for Lara and Geelong, who are in the house tonight, were The ACTING SPEAKER (Mr Tilley) — Order! members of the Road Safety Committee of the The member is talking about education. 56th Parliament, along with me and your good self, Ms HALFPENNY — We have young mothers and Acting Speaker, and it was clear from all the evidence fathers denied access to affordable child care that would that if you reduce speed you will save lives. All of the allow them to participate in training and skills research showed a direct correlation between speed at development because that money is being cut, and impact and injuries to the person. Indeed speed cameras instead we are looking at a part-time commissioner to are a good tool to use for reducing speed. However, the investigate road safety cameras. We will have a paid community must have confidence in the integrity of the commissioner, any necessary staff to be employed and speed cameras to be effective. This bill provides for the paid and a board of reference of up to seven people, appointment of a road safety camera commissioner, who will be paid fees and travelling and other which will give great confidence to the community in allowances as approved by the minister. How much the use of speed cameras. will all this cost when we are losing money in such Later I will go into the details of how this will happen, important areas as education? but first I will take up some of the points made by the If this government were really serious about road safety member for Monbulk and the member for and road safety camera integrity, it would also be Thomastown, who is still in the house. The member for placing cameras that could catch and deter hoon Monbulk said this government has no strategy. The drivers. In previous debates in this house the minister made it quite clear in question time today that introduction of stiffer penalties for hoon drivers and he has refreshed the strategy and that there will be a full general road safety measures were supported by both strategy coming later this year. I hear people say, sides of this house, and the question was also raised of ‘When?’, and, ‘It is taking too long’, but what we do how to prevent or police hoon driving. Yet there is no not want to be is a knee-jerk-reaction government, like addressing of these sorts of issues in this road safety the Gillard federal government. We have seen what it camera bill. did with the live cattle exports. Its knee-jerk reaction stuffed up the whole industry. I hear regular complaints about dangerous driving from residents and constituents, particularly around Mr Trezise — On a point of order, Acting Speaker, Reservoir and Thomastown, and the same streets are what the member is talking about is totally irrelevant to always cited. Residents are woken up by the noise of the bill. I ask you to bring him back to the bill. revving cars, speeding cars and the screeching of brakes The ACTING SPEAKER (Mr Tilley) — Order! and burnouts. They lie in bed and wonder if a car is Yes. The member for Rodney. going to come crashing through their bedroom window. Many residents have actually experienced cars crashing Mr WELLER — Then let us use hoon driving as through safety barriers that protect their homes or cars an example. It has been mentioned by the member for ploughing into their fences. If this government really Monbulk as well. The Labor government introduced wanted to restore public confidence, it would also act to hoon driving legislation, but two or three months later it use cameras to prevent and deter this sort of driver had to bring it in again for amendment because it had behaviour that is very much complained about. Both got it wrong. It wasted the Parliament’s time because it fixed or mobile real-time road safety cameras could be brought in hoon driving legislation that said a hoon’s installed to do this. car would be confiscated for 48 hours. What did that mean? It meant a hoon could go out and do what he The police, councils, the RACV and even blind Freddy does — I would not know what a hoon does — get his could tell this government how it could take action to car confiscated for 48 hours, on Friday night, and then restore confidence in valuable road safety strategies.
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2947 get it back to drive to work on Monday. He could get it Here we are, and we are actually going to address the back Sunday night, and that was not a deterrent. problems. That is what is important about this — fixing the problems — and we are getting on with it. The next In opposition we told the then government that that point is: would not be a deterrent, but it would not listen. So then what did it do? It brought the legislation back in to investigate any matter in relation to the road safety camera and extended the confiscation from 48 hours to 14 days. system that the minister refers to the commissioner; It took a change of government — when we came to to provide advice to the minister on any aspect of the road government we took the car off the hoon for 30 days — safety camera system … for it to be a real deterrent. We are about real reaction, not just knee-jerk reaction for spin, as the previous It is very detailed, I know, but I think the point needs to government was. be made. Next: to refer any appointment matters to the reference group The pertinent clause in the bill is clause 5. It states: established under clause 14 — The Governor in Council may appoint a person as the Road which I will talk about later — Safety Camera Commissioner. The government will appoint a commissioner who will for research and advice; be independent of the Parliament. He will be truly to keep records of investigations undertaken and complaints independent and make independent decisions. We have received by the commissioner and any action taken in heard the member for Monbulk, in his contribution, response; speak about what the commissioner will do, but he did to make available to the minister, on request, the records kept not go through the whole lot. For the benefit of the under paragraph (i); house I will go through all that the commissioner will do. According to the explanatory memorandum of the to undertake any other function conferred on the commissioner by this bill or by any other act. bill, which refers to the functions of the commissioner in clause 10, he will: Then the commissioner needs some expert advice, and that is why there is a clause in the bill about the … undertake, at least annually, reviews and assessments of the accuracy of the road safety camera system, in order to reference group. monitor compliance of the system with the Road Safety Act 1986 and regulations made under that act … Mr Noonan — They wouldn’t be asking you! We have heard members on the other side talk about Mr WELLER — I hear the member for the Auditor-General’s report that came out today, and Williamstown saying they would not be asking me. I do recommendation 5 actually states that that is what we not profess to be an expert. I am not qualified, and I am need to do. So we are ahead of the game; we had this quite sure that he is not, but that is why he is on that measure already in Parliament on the day it came out in side, because he thought he was more qualified than he the Auditor-General’s report. I must congratulate the actually was! member for introducing it when he did. The next function of the commissioner states: The explanatory memorandum on clause 14 states:
to undertake, at least annually, reviews and assessments of the Clause 14 provides that a reference group of advisers to the information about the road safety camera system that is made commissioner may be established. The reference group will available publicly by the Department of Justice … consist of not less than three and no more than seven members who are appointed by the minister on the to undertake investigations requested by or agreed to by the recommendation of the commissioner. minister into the integrity, accuracy or efficiency of the road safety camera system; What are the skills that these people will have? They will be experts in the field of road safety research, they to receive complaints about the road safety camera system, will be experts in road safety engineering and they will and either refer a complaint to an appropriate body for further action or provide information on the available avenues for also be experts in road safety camera technology. I resolution of a complaint; would have thought members of the opposition would have been more interested in this than the football, but I to investigate those complaints that appear to indicate a will keep going. systemic problem with the road safety camera system, and make recommendations to the minister to address any systemic issues … We also need to remember that the opposition is trying to discredit the government for claims that we made in opposition. They have not said that I made any claims.
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2948 ASSEMBLY Wednesday, 31 August 2011
They are trying to say that we are not credible because overseas — also with the member for Lara and the we made these statements, but what they will not member for Rodney. We visited places in Europe, Asia acknowledge is the ultimate umpire — the voting and the United States, and the list goes on. I can assure public of Victoria. In November 2010 Victorians chose the house that Victoria was seen as a leading light in the coalition as being more credible to govern this state road safety not only across Australia but across the than that rabble Labor mob. All Labor did was spin, globe, as I said. Other jurisdictions noted Victoria’s spin, spin, spin and spin. It tried to spin the idea that leading role in the implementation of speed camera taking a car off a hoon for 48 hours was a deterrent. We systems and regimes. In the road safety academic and all saw that that was not effective, so it then brought the enforcement sectors around the world it was recognised bill back in. that Victoria’s significant drop in road fatalities in the early 2000s, just after Labor was first elected, was Mr Eren interjected. directly related to the introduction of speed camera initiatives and the strong enforcement measures we put Mr WELLER — The member for Lara obviously in place for their operation. has not read the bill because he does not know what it is about. The bill is about speed cameras, but I am making The Bracks and Brumby governments did not only lead references to the contribution of the member for the way in speed limit enforcement. When you look at Monbulk, who talked about it being ‘their hoon policy’. other legislation that was put through this house over Yes, initially it was, but it had no spine. There was no that time, you can see the high priority that the Brumby deterrent to the hoons. After 48 hours, on Sunday night, and Bracks governments put on road safety, and thus on they had the car back, so they could go to work on saving people’s lives. I was pleased and proud to be Monday. integrally involved in initiatives like introducing new speed restrictions around schools. Then we tightened The key role that road safety cameras play in road speed restrictions around shopping centres. We safety will be emphasised. The increased accountability introduced a new licensing system for learners permits and transparency of the road safety camera system will and P-plates. We then went on to initiatives to deal with help build the public’s confidence in the system, truck safety, hoon driving, fatigued driving and drug demonstrate the government’s real commitment to the driving. I think it was in 2006 or 2007 that we safety of Victorians on the roads and ensure the introduced electronic stability control legislation, and ongoing integrity of the road safety camera system. the list goes on. These sorts of real initiatives, Mr TREZISE (Geelong) — I am very pleased to be effectively and systematically implemented, literally speaking on the bill today, having had a particular saved hundreds of lives over the 11 years of the Bracks interest in road safety since being elected to Parliament and Brumby Labor governments. in 1999. It is always a pleasure to speak after the Although the then opposition supported all Labor’s member for Rodney, because he makes even me look road safety legislation through this house, outside of good! As a former member of the Road Safety this house it disgracefully undermined important Committee, the member for Rodney knows that the initiatives like speed cameras for its own political ends. initiatives the Bracks and Brumby governments took On many occasions over those 11 years the opposition over roughly a decade did save lives on the road. It was undermined these vital initiatives — for example, by interesting to hear the member for Rodney talk about referring to speed cameras, which save lives, as cash the half a dozen roles the new road safety camera cameras and revenue raisers. But lo and behold, on the commissioner will have. Importantly not one of those day this bill comes into the house — — roles will save lives. That is the weakness in the legislation before the house; it is about bureaucracy, not Mr Eren — They see the light now. about saving lives on our roads. Mr TREZISE — As the member for Lara said, I served on the Road Safety Committee from 1999 to those opposite saw the light. In question time today we the end of the last Parliament, some of that time with heard the Minister for Police and Emergency Services the member for Rodney and the member for Lara. We brag about the Auditor-General’s report that are well aware of the fact that the Bracks and Brumby unequivocally states that speed cameras are not revenue governments undertook significant and effective raisers. It was sheer hypocrisy from the minister. initiatives that saw Victoria become a leader in road safety not only across Australia but across the world. My concern is that the new government does not have As part of my role on that committee on a couple of any strategy to reduce the road toll, as was pointed out occasions I had the privilege and opportunity to travel by the shadow Minister for Police and Emergency
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2949
Services. It has been in office for more than nine Everyone in this chamber would agree with the national months and it has failed to provide any foundation or road safety experts’ objectives that there should not be clear strategy to save lives on our roads. As the shadow one death on Australian roads and not one serious minister correctly pointed out and as I said before, the injury. A number of years ago I was travelling up the bill will not save any lives. The creation of a speed Hume Highway and I was one of the first people on the camera commissioner will not save one life. There is scene after a head-on collision. I saw the dying nothing in this bill that will change driver behaviour or moments of a young lady in the front seat. Her neck make our roads safer. had been broken and her husband, who was severely concussed, was barely aware of what was going on As I understand it, we are supporting the bill, but in after the collision. He survived the accident, she did essence it creates another bureaucracy and that is about not. A young child in the back seat also survived the it. It does not save one life. I call on the government, accident. Probably five or six years later I had occasion the Minister for Police and Emergency Services and the to mention the accident to someone I knew. That person Minister for Roads to get their act together and take real asked probing questions about what time of the year it steps, like the introduction of a road safety strategy, to was and where it was. It turned out that the lady who continue the good work of the former Bracks and had been killed had been a close friend of this lady. It Brumby governments. led to a subsequent series of conversations with family members. I remember being approached by the father Mr THOMPSON (Sandringham) — The bill of the lady who had died who was keen to ascertain the before the house is an important one. It presents one of dying moments of his daughter as there was no direct a number of measures adopted by this chamber over the understanding of what her circumstances had been. He last 50 years or more to improve safety on Victoria’s took those matters on board in confidence. The object roads. A number of important initiatives have been of these remarks is to point out the poignancy and developed over time, including compulsory seatbelt far-reaching effects of the tragedy of people being legislation, random breath test legislation, killed on Victoria’s and Australia’s roads. improvements in road design, drug testing and other initiatives that have resulted from the bipartisan work of There has been a significant reduction in the road toll. successive parliamentary road safety committees. In the last 30 years there has been an almost halving of the national road toll, and Australian parliaments can I will provide a backdrop to the legislation. Victoria feel some sense of accomplishment. But to the extent leads the world in road safety as measured by the that there were 288 people killed on Victorian roads last proportion of accidents to vehicles on the road and a year according to national benchmarking, it is 288 lives range of other criteria. At the same time it is important too many that have been lost. Then there are the that there is public confidence in our road system. I note multiple injuries and hospital admissions that result that 1.3 million speed and red-light camera fines have from serious accidents. been issued over the last 12 months; that is a large number of households affected by the road camera The appointment of a road safety camera commissioner system. will give people who feel aggrieved an opportunity to have an independent process. It is one thing to write to It is important for Victorians to have a sense of the camera office and get a copy of the photograph; it is confidence. Oftentimes when someone picks up a another thing to try to determine the veracity of the parking ticket they are aware of their misfeasance in timing of the equipment. I believe this bill will give that regard and they are happy to accept they were in people an opportunity to raise issues in the public the wrong and, under the process of strict liability, they interest where they might have a grievance regarding are liable to pay the fine. If someone is speeding on a the operation of a camera. road and they pick up an infringement, on many occasions they may be aware of the circumstances There have been documented examples on under which they were travelling and the fact that they Melbourne’s roads where cameras have been found not may have been over the speed limit and they are to be working correctly, and there can be far-reaching prepared to pay the fine. But over recent years there consequences in that particular circumstance. In my have arisen a number of more anonymous electorate there was a bus driver who faced the loss of circumstances where there has been a level of his licence. He was from a non-English-speaking uncertainty. The parliamentary record of this chamber background. He had a mortgage to pay, a family to feed would show that level of uncertainty has been raised and a wife to look after. The potential loss of his licence through representations from members of the public. was a major concern to him, so much so that he was quite upset when he made his representations through
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
2950 ASSEMBLY Wednesday, 31 August 2011 my office. There is also the example of another family two-lane, each-way carriageway approaching an that picked up three fines within the space of a few intersection as might apply to a 10-lane carriageway, days. The impact of that was to place licences in which is far more complex but to which the same time jeopardy and in turn to place livelihoods in jeopardy, so applies. While mathematically the camera might be we are speaking about some serious matters. The cost adjudged as being in operational order and while the of someone raising a matter in court can move up in siting of the camera might meet compliance standards multiples of $10 000 at a time — $10 000, $20 000, in terms of its physical location, the complexity of the $30 000, and even $40 000 if one seeks to dispute the intersection which the police or an engineer may evidence in court in relation to a particular fine that has choose to take into account may not be the same criteria been incurred. as those people who work on hand-eye coordination, the assessment of visual images and the timing The particular provisions of the bill that I would like to reactions as people take on board this wider range of refer to include that under the functions of the material. I think there is another body of evidence that commissioner there is an opportunity under can be important in the consideration of the siting of a clause 10(d): speed camera to adjudge whether, on the basis of all the human sciences, it is properly and wisely located. to receive complaints concerning any aspect of the road safety camera system and — At that particular intersection there is also the issue of a (i) if appropriate, to refer a complaint to an appropriate differential time for traffic travelling north where there person or body for further action; or is a 4.5-second allowance on amber owing to its place in the timing sequence. And yet if one is travelling (ii) to provide information on the available avenues for resolution of a complaint … south and turns west into Bay Road, there is only a 3-second timing allowance. Arguably for motorists who These are important provisions that delineate the are regularly in that precinct, at one time in the light important powers of the commissioner. Under sequence they get 4.5 seconds on amber and at the other clause 10(f) there is a power: time they get 3 seconds on amber. These are anomalies that are worth having reviewed by someone who is to investigate any matter in relation to the road safety camera independent and who does not have a stakeholder system that the Minister refers to the Commissioner; interest either in Treasury, within the police or within Clause 10(g) states the commissioner is: the traffic camera office but rather who can take into account a wider body of evidence to reassure people to provide advice to the Minister on any matter in relation to that if they wish to contest a fine, they can do so in the the road safety camera system; light of the best information. There can be some anomalies, and there are matters on Mr EREN (Lara) — I am pleased to speak on the the public record regarding the operation of a camera bill before us today, which is the Road Safety Camera on the corner of Nepean Highway and Bay Road in Commissioner Bill 2011. As a former chair of the Road Cheltenham, otherwise referred to in certain contexts as Safety Committee I feel very grateful to be able to the Karen Street intersection. Some anomalies have contribute to any legislation before the house that been reported in relation to it. Under the highway rules relates to matters of road safety. The bill before the there is meant to be a minimum of 3 seconds with the house will establish the first Victorian road safety traffic lights on amber as a person approaches the camera commissioner, who will be appointed by the intersection. Information was conveyed to me as a Governor in Council. The appointed commissioner will consequence of the mathematical algorithms under have the responsibility of ensuring quality assurance which the camera operates that you may not get that and reporting, conducting investigations and reviews, specificity of 3 seconds every time the myriad changes and complaints management. The bill will give the to the camera system roll through. I think it is important commissioner the power to do all the things necessary that an issue like this is investigated so that those people or convenient to be done or in connection with or as who may incur a fine do so under circumstances where incidental to the performance of his or her function. legal minimum standards have been complied with. It is an important issue that requires expert evidence to Labor is not opposing this bill because we are very review the operation of the cameras in that particular proud of the fact that Victoria is a world leader in terms way. of road safety. But, quite frankly, this is yet again a nothing bill from this very lazy government, that Then there is an issue in terms of the timing of refuses to step up to the plate and to start delivering real 3 seconds. The same 3 seconds might apply to a results like reducing our road toll. I am proud of the fact
ROAD SAFETY CAMERA COMMISSIONER BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2951 that during our time in government we saw our road toll ‘cash cows’ and ‘revenue raisers’ — anything but reach record lows. It got down to 288 lives lost, but safety cameras. They were saying one thing in 288 lives lost is far too many, and we needed to press November, then three months later, on 8 February on with our policy and agenda of reducing the road toll 2011, just after they got elected, the following appeared and road trauma. Unfortunately that is not what we are in an article in the Geelong Advertiser: seeing from this government. Of course this did not happen by accident, and by failing to show leadership Deputy Premier Peter Ryan said the cameras helped save lives by changing the culture of people speeding. the Baillieu government is threatening to destroy what we achieved in government by actually implementing Further the article states: policies that made a difference on the roads. The government started publishing the speed camera What we saw was this Jekyll-and-Hyde type of locations last week, while also announcing an audit of speed approach from the then opposition that is now in and red-light cameras. government. Opposition members said anything to get It quotes Mr Ryan as saying: into government. One of the disgraceful things they did was to use politics in relation to road safety. There was The whole problem here is that people do not have faith … a rule we had in the Road Safety Committee; I was the chair, and we said that we would take a bipartisan in the camera system and so on. approach and not play politics on road safety. So he is actually saying, ‘What people need to do now Unfortunately, leading up to the elections last that we are in government is just shut up about it. Don’t November the desperate opposition members at the complain about the safety cameras’. They are called time said anything to the Victorian community that ‘safety cameras’ now, not ‘cash cows’. would help get them elected. This included lying disgracefully about the impact of safety cameras. Some I would like to quote from another article of 7 February of the reporting that occurred at the time included an 2011. It states: article of Sunday, 7 June 2009, quoting the now Minister for Roads. The article states: … Deputy Premier Peter Ryan said the cameras did help save lives by changing the culture of people speeding. Mr Mulder said in the Brumby government’s quest for more revenue and lower costs from speed camera enforcement, … police and emergency services minister Bob Cameron was ‘We are seeing that direct impact as a result of the cameras’, leaving no stone unturned in replacing Victoria’s finest with Mr Ryan said. the ‘fixed cash register’ revenue raisers installed on major toll roads and freeways such as CityLink and the Western Ring Road. I can point to countless articles that show the government now concurs with the safety experts that That was one comment. There were many comments we actually consulted when we were in government from the Liberal-Nationals coalition in opposition because that is the responsible thing to do. As was which disgracefully used this issue politically leading pointed out by the member for Geelong, who is also a up to the last election. There were also many times that former chair of the Road Safety Committee, we have a the now Minister for Police and Emergency Services, tremendous reputation overseas for leading the way in when in opposition, called the safety cameras ‘cash road safety. I want to congratulate the former Minister cows’, ‘revenue raisers’ and ‘cash cameras’. This sort for Roads and Ports. He did a tremendous job in of language was resonating right throughout Victoria, making it mandatory that every new car now registered and this obviously undermined confidence in the in Victoria must have electronic stability control (ESC) system that we had in place to ensure that there were and side curtain airbags. It has been found that if every minimal numbers of lives lost on our roads. car had ESC, we would save 100 lives every year purely on the basis that the vehicle has ESC — not to So lo and behold, what happened after they got elected? mention the side curtain airbags. The Minister for Police and Emergency Services was recently interviewed on radio — I think it was 3AW — So we do lead the way in terms of road safety. But what and he said, ‘If people don’t want to get a fine, they has happened since the new government came to power should slow down’. Hang on, that is not what they said is that it has stagnated to the point of being dangerous. leading up to the last election. What the then opposition Lives will be lost on the roads unless this government members said leading up to the last election, takes real action, not these flimsy little bills that come disgracefully using this issue as a political tool to get before the house. With all due respect to the them into government, was that speed cameras were commissioner, he is going to basically look at whether
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
2952 ASSEMBLY Wednesday, 31 August 2011 the speed cameras work effectively or efficiently. That HEALTH PRACTITIONER REGULATION is not going to save lives. It will just cost the NATIONAL LAW (VICTORIA) government more money in trying to support the AMENDMENT BILL 2011 perception that it created before the last election — that these cash cameras ought to go and that they should not Second reading exist. Debate resumed from 1 June; motion of The hypocrisy of the government is shown by the fact Dr NAPTHINE (Minister for Ports). that the Minister for Roads is one of the most recidivist speeders. It is on record: he is a leadfoot. This is what I Ms GREEN (Yan Yean) — It is with great pleasure find unbelievable. The Minister for Roads has broken that I join the debate on the Health Practitioner the law in relation to speeding. I am not saying we are Regulation National Law (Victoria) Amendment all angels, but I would stress the fact that he was one of Bill 2011. I indicate at the outset that the opposition the biggest opponents of what he called ‘cash cameras’ will not be opposing this bill. and he is one of the people who actually speeds. So he was advocating on his own behalf. He was aggrieved The Health Practitioner Regulation National Law by the fact that he was paying so much money to the (Victoria) Act 2009 came into effect on 1 July 2010, state government because he was speeding. when almost 140 000 Victorian health practitioners transferred to national registration. The national law The hypocrisy in that is unbelievable. I point out that was introduced to protect the public and to provide a this is the second time the Auditor-General has framework for the regulation of health practitioners in investigated these matters. The Auditor-General’s 2006 relation to registration, accreditation, complaints and report on the government’s speed enforcement conduct, health and performance, and privacy and initiatives entitled Making Travel Safer — Victoria’s information sharing. It is part of a number of measures Speed Enforcement Program states: introduced over the last decade whereby we have seen an unprecedented level of cooperation across the We are satisfied that the speed enforcement initiatives are jurisdictions in this country, and I think it is something underpinned by strong evidence and are primarily directed at the community welcomes very much. reducing road trauma, rather than raising revenue. That is not different from what is in the report handed The national law came about following an extensive down today. In the answer to a question asked today of consultation process that saw high-level engagement the Minister for Police and Emergency Services we saw with regulatory bodies, practitioners and the public. what a turnaround it was. He was actually red-faced Over 550 submissions were received from professions, when he was answering that question, because he regulatory bodies and the general public. The national knows what a hypocrite he is. The gall of the man! law also better supports our valued health practitioners. Despite all the stuff he had said to the media, all his Doctors, nurses and health professionals are at the very undermining of the system and all of the things said by heart of our health system and make a profound most of the members of the opposition, he stood up difference to the lives of many Victorians every day. today and said, ‘Oh no, the camera system we had’ — The law allows these practitioners — chiropractors, and the Auditor-General says it himself — ‘is not bad. dentists, doctors, nurses, midwives, optometrists, It is good, so disregard whatever we said leading up to osteopaths, pharmacists, physiotherapists, podiatrists November last year; we have changed our minds’. This and psychologists — to register once and to practise government needs to have a road safety strategy to save anywhere in Australia. lives. I have fond memories of the previous member for The ACTING SPEAKER (Mr Blackwood) — Murray Valley, Ken Jasper, who would often remind us Order! The member’s time has expired. about those border issues on state boundaries. Having lived in Mildura as a teenager, I can see exactly how Debate adjourned on motion of Mr SOUTHWICK this national law will make it much easier not only for (Caulfield). people practising in those border communities but also for people to get down to work when they want to Debate adjourned until next day. move interstate. We know the difficulties that many rural and regional communities have in attracting and maintaining health practitioners, and this is a very real bonus of national regulation.
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2953
National boards are responsible for ensuring that only Other things are missing from the budget. The member health practitioners who are suitably trained and for Bendigo West has been concerned that there was no qualified to practise are registered. The law provides a mention of improvements to the Castlemaine hospital, right of appeal for a practitioner who is subject to either just up the Hume Highway from me. My area is refusal of registration or the attachment of conditions to growing rapidly, as are the corridors in the shire of their registration. The bill amends the Health Mitchell, which extends through Wallan and Kilmore Practitioner Regulation National Law (Victoria) right up to Seymour. I know the Kilmore and Seymour Act 2009 to introduce a time limit on the right for a communities were absolutely devastated that they were person to appeal to the Victorian Civil and not listed to receive capital improvements in this Administrative Tribunal against a decision made in budget. That means that hospitals in those areas have relation to him or her. This will not come into effect great difficulty in attracting and retaining health until 1 July 2012 to allow time for practitioners to be professionals because their facilities need upgrading to informed of the new 28-day limit. support the communities they are in. Hospitals like the Northern Hospital, which has the busiest emergency I said at the outset that our health professionals, our department in the state, then face additional pressure doctors and nurses, are at the very heart of our health from those communities in the Wallan, Kilmore and system. Nurses are the backbone of our health system, Seymour corridors. It is disappointing that these and they deserve to be paid accordingly. What we have improvements were not in this year’s budget. seen so far in the time of this government is a Premier who has no regard for the people who keep Victorians In recent weeks something else has come to my healthy, safe and educated. He has already broken his attention. I thought those on the conservative side of promise to teachers and police, and our health politics would have learnt their lesson after their foray practitioners are next on the list. into trying to mess with the Austin Hospital. The last time they were on the government benches they closed This year’s budget was not a healthy budget; it was not PANCH (Preston and Northcote Community Hospital) a good budget that addressed the health needs of and then put the Austin Hospital up for sale. It was one communities across this state. We saw a range of of the reasons that community stood up strongly. We broken promises. Things that did not appear in this then had a decade of Labor government, with the year’s budget included necessary upgrades to the Royal former member for Ivanhoe and all the other members Victorian Eye and Ear Hospital and a second hospital in the northern suburbs campaigning strongly for the for Geelong in the growing Surf Coast area, where we Austin Hospital to be totally rebuilt. It is the biggest had made a very strong commitment to build a new public hospital project ever built in this country. It is hospital. It is a damning indictment of this government co-located with the Mercy Hospital for Women and that a new, second hospital for Geelong was not in its services the north-eastern community that I have the first budget — and it does not seem to be in the forward privilege of representing. estimates. I know that the member for Ballarat West in particular, supported by the member for Ballarat East Sadly in recent weeks we have discovered that it has and members in the other place, has been very begun again. This government is now contracting out concerned about the delays and obfuscation around the maintenance for the hospital. The hospital has need for a helipad for Ballarat base hospital. 37 skilled maintenance employees, many of whom have worked there for decades. I know one of the I grew up and spent most of my life on the south-west maintenance employees extremely well. He is the same coast. Yesterday we heard about a great servant of this age as me. He started his working life there, and his place in Karen Overington, a former member for father worked there. He has a high level of knowledge Ballarat West, who lost her battle with cancer in the last about the facilities in the older wings of the Austin and month, and we heard how she had fought very hard for now those in the new ones. The 37 employees are being cancer services in the country area of Ballarat that she treated extremely shabbily. When it comes to health represented. There is a need for radiotherapy services and health services the Liberal and National parties on the south-west coast just like those Karen have not changed their spots. If it was not good enough Overington campaigned for in her community. The that we saw so many capital projects missing from this south-west coast has a rapidly growing community, and budget, we are now seeing the government starting to the services are necessary so that people do not have to attack the workforce that supports the health travel to Ballarat or Geelong to get treatment for their professionals at the Austin Hospital. I will certainly be cancers. supporting those employees in fighting this measure.
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
2954 ASSEMBLY Wednesday, 31 August 2011
Another appalling decision has been made in the we are getting towards 25 per cent of the government’s north-east, and it is in relation to the Austin. As anyone first term, and I see no evidence of one new hospital who has any connection with their local hospitals bed being available in our system. We have seen knows, auxiliaries are an important and pivotal part of various plans by the Minister for Health — plan after the operation of a hospital. They epitomise support plan — but no action. The coalition has still not told from the community, and they support our health Victorians how many additional doctors and nurses will professionals who work in those facilities. The Austin be employed or how many additional episodes of has a number of these auxiliaries, one of them being in elective surgery will be performed in the public health Diamond Creek, in my electorate. It has run an system. In its first nine months this government has not opportunity shop in the same spot in Diamond Creek added a single doctor, nurse or hospital bed. for some 20 years. What we have seen in the last couple of weeks is an absolute thumbing of the nose by this Those in the house would recall that on a number of new regime that sits on the government benches. It has occasions I have asked the Premier questions about treated all the volunteers with complete contempt. The elective surgery and that he has been unable to answer work of the Diamond Creek auxiliary has been bringing those questions. There are a lot of questions about this in about $200 000 a year to the Austin Hospital. government’s commitment to health and our health system. We are seeing disturbing signs with contracting On a Friday, officials arrived to meet with the out in the health system and the contempt shown to the volunteers. They told them, ‘By the end of the month Austin Hospital auxiliaries, just like we saw with the you will be out of this facility. We’ve got another contempt of the PANCH auxiliaries in the 1990s. I purpose for it’. They cited health and safety concerns, really hope the government will take the opportunity to but I am not sure about the validity of that, and they stop and think before it goes down the path of gutting made no attempt to work through those issues. They our health system, which would require years to were really not consulting with those volunteers; the recover. Our health services are just too important, and decision had already been made. Accordingly, on the they are much loved and supported and needed by our Monday a big painted sign went up saying that the community. opportunity shop would be closing on 1 October and that all the goods would be sold off. I commend the Leader of the Opposition for the work he undertook in his time as health minister. In his time The shop has not just provided household goods and as the Minister for Health and as the Parliamentary clothing for those in the community who have needed Secretary for Health we saw a huge number of capital them at a cheaper rate because of their economic projects initiated and delivered. It is indeed a great circumstances; those fantastic volunteers, primarily shame that we saw very little funding for health in this women of Diamond Creek and district, Hurstbridge and budget, and we do not see much on the horizon. The Arthurs Creek who have been working tirelessly for opposition will be very vigilant in support of our health some decades in the shop, were so important with their practitioners and hospitals and will be holding the support for our bushfire-affected communities after that government to account. With those remarks I commend terrible time of Black Saturday. There are still people the Health Practitioner Regulation National Law who use the shop as a drop-in centre. It has become a (Victoria) Amendment Bill 2011 to the house. place where those who have not had the best luck in life, those who might have a disability or a mental Mr WAKELING (Ferntree Gully) — It gives me illness or those who have been victims of trauma and great pleasure to rise to contribute to the debate on the may have suffered violence have been able to drop in Health Practitioner Regulation National Law (Victoria) and help out in the shop or just have a friendly chat Amendment Bill 2011. I am pleased to hear that the with the wonderful volunteers in the facility. I do not opposition will not be opposing this important piece of understand the sense in the decision that has been legislation. By way of background, on 1 July 2010 the made. It is bad for the hospital to be losing $200 000 a Health Practitioner Regulation National Law came into year. The government is treating with contempt the effect. That helped to streamline the operation of health longstanding work of those dedicated volunteers who practitioner boards around the nation. Prior to the support our health professionals and our hospitals. It is enactment of that national law there were more than also taking away a fantastic community service that has 85 health practitioner registration boards in operation in been available just down from the shopping centre in each of the states and territories, and it was sought at a Diamond Creek. national level to streamline that approach by creating 10 national agencies. Those national bodies were We are seeing some disturbing signs with the coalition chiropractic, dental, medical, nursing and midwifery, on the government benches. We are nine months in, so optometry, osteopathy, pharmacy, physiotherapy,
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2955 podiatry and psychology. As a consequence of that law decision by a national board if it refuses to register an the state enacted those particular streams. Almost individual, if it refuses to endorse the person’s 140 000 Victorian health practitioners from those registration, if it refuses to renew a person’s registration 10 professions transferred to national registration under or if it refuses to renew the endorsement of the person’s the national scheme, allowing these practitioners to registration. They can also appeal a decision by a register once and practise anywhere in Australia. This national board to impose or change a condition on a was good for employees in the state in terms of person’s registration or the endorsement of a person’s portability. registration. They can also appeal a decision to refuse to change or remove a condition imposed on the person, However, when the scheme was developed it was appeal a decision to refuse to change or revoke an identified that there needed to be a mechanism by undertaking given by the person to the board and appeal which individuals could appeal decisions of those a decision to suspend the person’s registration or to health practitioner boards. When an individual seeks to impose a condition on the person’s registration. register with a board they need to meet two main tests. Firstly, they have to be suitably trained and qualified to They can also appeal a decision by a health panel to practise in their field, and secondly, they need to be suspend the person’s registration, and they can appeal competent and ethical in the way in which they operate. the decision by a performance and professional If in a particular circumstance an individual does not standards panel to reprimand the person. As members pass any of those tests, the applicable board has the of the house can see, there is a breadth of areas in which capacity to register, not register or put a qualification on boards can take action against individuals. Given that the registration of that individual. breadth, there are obviously a number of areas in which an individual may find the decision of the board to be When the program was developed it was identified that inappropriate. Therefore, in line with natural justice, there needed to be a time limit associated with it, and an individuals have the right to appeal. appropriate time limit was identified as 28 days. When the system was introduced the 28-day provision was not However, there needs to be an agreed time frame. For applied. In effect what would happen was that if a example, if an employee believes they have been medical practitioner was deregistered and wanted to underpaid wages, they have a seven-year statute of appeal the decision of the medical board, they had the limitations. An individual cannot go back to someone capacity to appeal to the Victorian Civil and who employed them when they were a child and say Administrative Tribunal. However, because no time ‘Forty-five years ago I believe I was underpaid for my limit had been put in place, a person could effectively paper round. I might go back and try to hunt down the lodge an appeal against such a decision at any time in newsagent, if he is still alive, to try to — — the future. So you might have a situation where a medical practitioner in the state of Victoria is Mr Wells interjected. deregistered and at that point decides to travel interstate or overseas for an unspecified period of time then later Mr WAKELING — No, I know the member for returns to the state, decides they want to practise in their Scoresby was a very diligent paperboy in Bairnsdale in field and at that point of time initiates an appeal. As a former life. members can appreciate, that is an unworkable system, Using that example, it is very clear that we want to have and there needs to be some certainty associated with the a clear system in place. I note that the member for appeal process. Scoresby, like all members on this side of the house, is While making sure we afford due process and natural very concerned about this situation and the fact that we justice to individuals, there needs to be some clarity do not have this important provision in place. This is around which individuals can make an appeal. another example of the Baillieu government having to Therefore, as a government we are having to fix a fix a mess that was left by those members opposite. problem that was not fixed by the former government. Whilst this is not a major issue in terms of the We are ensuring that that 28-day provision is complexities of this legislation, it just demonstrates that implemented. The provision will come into effect on there is another issue — — 1 July 2012 and will provide individuals who are in this Mr Noonan — Stop pointing! situation with appropriate time to become informed of the introduction of this new system. Mr WAKELING — I understand the member for Williamstown shares my concern and frustration. I am There is the capacity for an individual to appeal a pleased to take up his interjection, because he knows in decision on a number of grounds. They can appeal a his heart that this is an important piece of legislation.
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
2956 ASSEMBLY Wednesday, 31 August 2011
The regulation needs to be changed. I welcome the fact context. There is one unintended consequence which I that the opposition will be supporting, or at least not fear. By having a national seamless scheme of opposing, the bill before the house. Opposition registration Victorian health professionals are able to members understand this is a problem that needs to be work in any state in Australia, which in effect creates a remedied. This was a problem left to us, the incoming competitive market for the services of health government, to fix. Like so many other pieces of professionals, including those in the public sector. legislation before this house, we will get on with the job, and we will recognise the importance of fixing up I note the Treasurer is in the chamber. The government important pieces of legislation. I look forward to this has failed to deliver on promises in relation to the Royal bill becoming law. Victorian Eye and Ear Hospital, a second, new hospital in Geelong, a helipad in Ballarat, radiotherapy services Mr SCOTT (Preston) — I am perplexed as to how on the south-west coast and improvements to the paperboys are related to this particular bill. I have been hospitals in Castlemaine, Kilmore and Seymour. These searching its provisions, and perhaps the minister at the are projects that are outstanding. My fear is that health table, the Treasurer, may assist me with that particular professionals will respond to the failures of this aspect of the bill, which I was unable to find after government and seek to work for services elsewhere. taking a quick glance. They might seek to provide their services to other governments; that is a danger. This bill will amend the Health Practitioner Regulation National Law (Victoria) Act 2009 to provide a time Their enterprise bargaining agreements (EBA) period within which an appeal to VCAT (Victorian negotiations are coming up. The government has failed Civil and Administrative Tribunal) must be made and already to keep its promises to public sector workers; for other purposes. As members have previously stated, you only have to think about teachers. We all remember this bill sits within a national health regulatory how Victorian teachers were promised that they would framework whereby the registration of health become the highest paid teachers in Australia. My fear practitioners has been streamlined to create a national is that similar acts will be performed on health sector registration system for 10 categories of health workers. Let us be frank: the government has form. In practitioners, which, as I understand it, affects almost response to this sort of behaviour, we are now in a 140 000 Victorian health practitioners who have system where it is much easier to work in other states. It transferred to the new national registration system. is much easier for health practitioners to take their These practitioners include chiropractors, dentists, shingle — to speak metaphorically — and move doctors, nurses and midwives, optometrists, osteopaths, elsewhere. In response to the sort of treatment that has pharmacists, physiotherapists, podiatrists and been meted out to other members of the public sector, if psychologists. that is visited upon them, which I have to say I fear is likely, they could seek to move their services In essence this national scheme allows them to register elsewhere. This would deeply affect the provision of once and then to practise anywhere. This has obvious health services within this state. benefits for the community, because there is a streamlining of red tape and regulation, which means While this is a non-controversial bill, the combination that qualified persons from around Australia can of the failure to deliver on promised health practise anywhere in Australia. Victoria can benefit infrastructure and a failure to treat workers in the public from the skills and capacities of persons from other sector with the respect that is due — that has been states, and Victorian professionals can work in other demonstrated in terms of teachers and police — may jurisdictions without having the unnecessary burden of mean that, as an unintended consequence of these seeking re-registration. worthy reforms which benefit the broader Australian community, we may find that health practitioners The bill, as has been stated, makes a simple amendment respond by voting with their feet. I am loath to use that to enforce a new 28-day limit on any appeal that a phrase because it was used by Lenin, but health person has a right to access, such as an appeal to VCAT practitioners will find a way — — against a decision made in relation to him or her. A person covered by this act has now 28 days to appeal a Mr Burgess interjected. decision relating to their registration or the imposition of a condition on their registration. This is an Mr SCOTT — Not John Lennon! I should not amendment to the principal act that the opposition is respond to interjections. I am concerned. I think this not opposing. It is a fairly non-controversial bill. government already has form on such matters. I feel the However, I think this bill needs to be seen in a broader likely outcomes of the EBA negotiations in the health
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2957 sector, if they reflect the treatment already meted out to Regulation National Law (Victoria) Act 2009 was the the teachers and police, will leave many grievances. It Victorian mechanism to implement that new regime. is a very likely outcome. If members look at the second-reading speech for the My contribution has been brief, but this is a sensible 2009 bill, they will see that the then Minister for Health piece of legislation. However, I have grave fears that, in said: the context of the failures of this government in the health space already and the way it has treated public The national law contains measures designed to protect both the public and practitioners and to facilitate greater workforce sector workers, if the treatment meted out to teachers flexibility and mobility. It is a contemporary regulatory and police already is reflected in health sector EBA framework to support standards of excellence in the delivery negotiations, we may find there are issues in terms of of services in the Victorian health-care system. health sector workers seeking to find jurisdictions where their services are treated with more respect. The explanatory notes for the national law state: (2) The objectives of the national registration and As I said, the opposition is not opposing this bill. I accreditation scheme are — presume it will receive a speedy passage. I hope this government will seek to mend its already woeful (a) to provide for the protection of the public by performance in health, treat public sector workers with ensuring that only health practitioners who are suitably trained and qualified to practise in a the respect they deserve and therefore allay the fears I competent and ethical manner are registered; and have expressed. I can see the Treasurer is in the chamber, and sadly I have no confidence because the (b) to facilitate workforce mobility across Australia by evidence in this area suggests that we are heading down reducing the administrative burden for health practitioners wishing to move between the track that we have seen before with the coalition participating jurisdictions or to practise in more government. As I said, the opposition will not be than one participating jurisdiction; opposing this bill, but I would like to place on the record the concerns that I have. The notes then go on to outline a range of other issues that the legislation addresses. As far as the scope of it is Mr BURGESS (Hastings) — It is a great pleasure concerned, the system creates a single national to rise to speak on this bill. The aim of the bill is to registration and accreditation system for chiropractors, rectify the situation in Victoria whereby the ability to dentists, medical practitioners, nurses and midwives, appeal a decision under the act has no time limitation optometrists, osteopaths, pharmacists, physiotherapists, on it. It is always interesting to follow the member for podiatrists and psychologists and, at a later date, Preston and to listen to the contributions of other Chinese medicine practitioners, medical radiation opposition members. Opposition members have chosen practitioners, Aboriginal and Torres Strait health to use a bill which has been introduced to rectify a practitioners and occupational therapists. problem created wholly and solely by the previous government to formulate some conspiracy theory about As I said, the bill seeks to remedy a situation that was the government trying to bring down the Victorian created by the 2009 act introduced by the previous health system. It is entertaining. Labor government. The bill inserts provisions into the Health Practitioner Regulation and National Law As I said, the intention of this bill is to rectify a (Victoria) Act 2009 requiring that a person wishing to situation that has been created by the previous Labor appeal a decision made by the national board pursuant government. In the past there were many different to section 199 of the national law must commence the regimes across all Australian jurisdictions to regulate appeal within 28 days of the decision. This bill will put the health industry. In 2004 the Council of Australian in place a time limit within which a person who is Governments agreed to commission a paper on health aggrieved by a decision of the national board is able to workforce issues. The Productivity Commission appeal that decision. It is certainly a sensible response produced that paper, and one of its recommendations to the problem that has been created. I do not think was the creation of a single national registration board anybody would try to argue that the time allowed for and a single accreditation board for health appeal should be limitless. This is not going to have any professionals’ education and training. In 2008 the effect on a person’s rights or natural justice. intergovernmental agreement for a national registration and accreditation scheme for the health professions was Importantly the time limit imposed by this bill is signed by COAG. The agreement was to form a single consistent with the time limit that was provided by the national scheme and a single national accreditation predecessor legislation in Victoria. It is certainly a tried board for health professionals. The Health Practitioner and true time limit that has been applied. The time limit
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
2958 ASSEMBLY Wednesday, 31 August 2011 should not unreasonably restrict a person from having a The implications of having unsafe practitioners can be fair hearing of their appeal, as it will not affect the tragic, as we saw in the case of Dr Death in Bundaberg. grounds on which the appeal can be made or the way in Therefore the registration of health practitioners is one which that appeal can be conducted. The Victorian of the most critical legislative and regulatory Civil and Administrative Tribunal (VCAT) can also responsibilities undertaken by the state. The registration hear an appeal to extend the period of time in which a of health professionals is much more comprehensive person can appeal. That puts in place a protective than just handing out licences to practise. Certainly for mechanism so that if a person has an issue which they registration it is mandatory for professionals to have cannot appeal within that period of time, their rights undertaken the prescribed education and training. will be protected by the option of an appeal to the However, it also imposes obligations relating to safe Victorian Civil and Administrative Tribunal. VCAT practice, especially an obligation to have attained and to will have the ability to extend the period past the continue to satisfy required levels of competence. For 28 days. I certainly commend the bill to the house and instance, practitioners cannot renew their registration hope it has a speedy passage, because its aim is to without recency of clinical practice. address a problem that was created by the previous government. I commend the bill to the house. There is growing recognition of the importance of continuing education. Registration in the case of some Mr LIM (Clayton) — I rise to speak on the Health practitioners, such as nurses, provides those who have Practitioner Regulation National Law (Victoria) undertaken specialist education and training with Amendment Bill 2011. This bill will amend the Health identification through specialist endorsement. Practitioner Regulation National Law (Victoria) Act 2009 by imposing a time limit on appeals. While this is Registration requires health professionals to act not a large bill, it should nevertheless be regarded as ethically, professionally and competently and ensures more than merely a technical bill as it limits the rights that there are processes for reviewing this, including the of health practitioners. I will say more about that later. handling of complaints initiated by aggrieved This bill follows a raft of bills dealing with health consumers and sanctions that include loss of the right to practitioners introduced in the previous two practise. parliaments. The reform of legislation relating to the registration of health practitioners was undertaken by There are a number of areas in which health the Labor government. This reform included the move practitioners may encounter legal disputes. These to a system of uniform national registration of health include admission to practise, issues relating to practitioners. The Health Professions Registration Act competency, unfitness to practise because of substance 2005 brought 12 health professions under uniform abuse or criminal offences, and complaints from legislation. Amending bills in 2007 and 2008 took into consumers. There are now well-developed and account the Council of Australian Governments transparent disciplinary and legal processes. Nationally (COAG) discussion on a national scheme and, pending a practitioner’s right of appeal is limited to 28 days. that scheme, ensured that Victoria had modern and This is not the case in Victoria. This bill brings Victoria up-to-date legislation, including strong and effective into line by imposing, from 1 July next year, a 28-day disciplinary provisions. time limit in lodging an appeal with the Victorian Civil and Administrative Tribunal. This is one of the In 2009 the previous government introduced the Health concessions that has to be made in order to achieve a Practitioner Regulation National Law (Victoria) Bill. nationally uniform scheme of health registration. That bill implemented the 2008 COAG agreement to However, it needs to be noted that it will result in a bring the registration of health practitioners under a reduction of the rights of practitioners. national scheme by 1 July 2010. As I have remarked in previous debates, the protection of consumers of health The Scrutiny of Acts and Regulations Committee services is the fundamental responsibility of reported on this bill in Alert Digest No. 6. I thought the government, and it can only be done by legislation and committee was a bit wimpy, given its responsibility for the licensing of health practitioners. The registration of rights. Its comment on the bill was restricted to quoting health practitioners provides an assurance to the from the minister’s second-reading speech in respect of consumers of health services that professionals such as the delayed commencement of the provision. The doctors, nurses and indeed practitioners of traditional committee, I believe, should have gone a step further in Chinese medicine are safe, skilled, ethical and its comments section and identified that the imposition competent practitioners. of a 28-day time limit on appeals was a reduction in rights but a necessary trade-off in moving to nationally uniform registration of health practitioners.
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2959
Despite this concern, this side of the chamber will not tape that is perhaps unnecessary when we are looking be opposing the bill because of the overriding benefit to for productivity gains; we continue to talk about the Australia and to health practitioners themselves in importance of productivity gains. allowing practitioners to more readily practise throughout the country. For me it is no surprise that the coalition government is having to fix up yet another one of the mistakes made Ms McLEISH (Seymour) — I rise to speak on the by the previous government. We have seen it already; Health Practitioner Regulation National Law (Victoria) we have argued about some consumer amendments and Amendment Bill 2011, which is actually aimed at things like that. We are getting quite used to having to introducing a time limit on the right for a person to make these changes because of omissions and errors. appeal against a decision made in relation to him or her under the Health Practitioner Regulation National Law The 28-day time period that we are introducing will not (Victoria) Act 2009. Quite succinctly, the purpose of be introduced until 1 July 2012, which is just short of this bill is to provide the time period within which an 12 months from now but is a very generous time limit. appeal under section 199 of the Health Practitioner That is particularly useful for anybody who has got Regulation National Law (Victoria) Act 2009 must be something they want to appeal against; it gives them brought and to make a few other minor amendments. absolutely more than enough time.
I am pleased to be able to speak on this because I have I want to take this opportunity to also talk about the worked as a registered health practitioner for quite process of psychology registration, which is something some time, and I have been in charge of an area at I have been involved with for quite some time. I was a WorkCover where we dealt with the registration of registered psychologist at the time this national change people approved to do medical and allied health work was made. The Psychologists Registration Board of on behalf of WorkCover. Initially when health Victoria was rolled into this national registration board. practitioner regulation national law came into effect on It was set up under the federal Labor government, and 1 July 2010 there were 85 health practitioner what a shambles the implementation of that has been. I registration boards in eight states and territories. That can tell you firsthand how difficult it has been for was very difficult to work with, especially when people practitioners who have had to work with this scheme. In moved between states and required registration in a fact I am still waiting for correspondence with regard to different state. Working at an agency that was looking my own registration, which I sent in in January this after these sorts of professionals, you could see that it year. I have had no acknowledgement of it at all. I took a lot of time on everybody’s part — on ours as an know other people in the same boat, which indicates organisation but also on the part of the individual, who that the national board is having trouble bedding down sometimes had to apply to seven or eight different its systems and processes. boards to be able to practise when they were working on a national scheme — and it was quite onerous on I can only reflect on the fact that we have here the many people, so I was very pleased to see that 28-day omission from the state opposition from legislation come into being. something that it did when it was in government. Meanwhile the bedding down of this national scheme Of course it was disappointing that the appeals process federally is not as simple as you would expect, but I was omitted from the principal act. We know it is guess we know that federally with a lot of the schemes important for people to be given the natural justice of and processes that government has put into place it has right of appeal. In Victoria we do this through the not been able to bed them down very easily. For me and Victorian Civil and Administrative Tribunal, and it is others who have had to go through this process, it has important that we have this 28-day time limit so that we been quite difficult. The online registration process was are in line with the other states and so that it does not a debacle and did not seem to work at all. That caused a remain an open-ended process. huge backlog.
I can imagine the scenario if it did remain an When I look at the 10 or so areas that are now open-ended process. If somebody wanted to appeal a incorporated into this — that is, chiropractic, dental, decision some seven years down the track, the staff that medical, nursing, midwifery, optometry, osteopathy, were dealing with that would be likely to be unfamiliar pharmacy, physiotherapy, podiatry and psychology — I with what had happened prior and there would be a lot am reminded of when I worked at WorkCover and was of time wasted relearning what happened at the time, in charge of an area that serviced medical and allied digging out history and having a look. That is a burden health practitioners. The provider registration was that people do not want to have to deal with. It is red something that we did on a daily basis with regard to
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
2960 ASSEMBLY Wednesday, 31 August 2011 people wanting to hang out their shingle, so to speak. I member for Melbourne was the health minister. I think that was the term the member for Preston used. remember those days well, when I was working for her. However, if they had been working interstate and came A number of issues were dealt with at that forum in to Victoria to work, they would have to go through the relation to workforce issues, including national same process again. It was possibly 13 years ago that registration. we were complaining that there really needed to be one body, and since it has taken such a long time I am The issues covered off at that time included the pleased to see this legislation being introduced. It is an establishment of a task force to undertake project-based important piece of legislation because it enhances the work so that we could advise on workforce innovation mobility of people moving between states where they and reform. These were key matters under the Labor are working. It makes it easier and reduces the red tape government that needed investment to try to build, to for them. continue to improve and to increase the numbers of those who wanted to work in the health area, The registration boards not only registered people but particularly in order to fill gaps where there were also had involvement in the disqualification of people workforce shortages. This also required a national and imposing a period on them when they could not process of assessment of overseas-trained doctors so we practise as health professionals. It might have been for a could seek to encourage more overseas-trained doctors period of two months as a result of disciplinary and make it easier for them to work, particularly in our procedures. It was always disappointing when we were regional centres and remote communities. working in Victoria to find that somebody had been approved to work in Victoria but had lost their right to There was also a desire to pursue processes for better practise as a physiotherapist, chiropractor or whatever engagement with the education and training sectors on in another state. Having that national scheme would health workforce and supply. That required investment provide some consistency among the states. Therefore I around a range of issues, including rural training centres was pleased that the overall legislation was introduced, aligned with a range of tertiary institutions in regional but the fact that the time period was omitted was Victoria. That was in order to provide a place for certainly a disappointment. As I said before, it is an people to pursue their workforce training as health example of where the coalition government now needs practitioners but also to hopefully encourage people to to rectify and tidy up some of the omissions and sloppy stay in those country, rural and regional towns where work that was done by the opposition when in they were able to get their tertiary training and get their government. on-the-job training in a range of hospitals and health services. This is not a complicated piece of legislation at all. As I have said, it is really just about providing that time There was also discussion about the need for a period during which people may need to appeal. It is substantial increase in commonwealth-funded medical not coming in until 1 July next year, which provides training places and tertiary training places and for a plenty of people with the opportunity to get their heads commitment by states and territories to provide clinical around it. If they want to appeal a particular decision, training opportunities. We saw a range of those centres then they have time to do so. With that, I commend this in Gippsland, Ballarat, Bendigo and Geelong that were bill to the house. opened by the previous Labor government in consultation with the federal government to try to The SPEAKER — Order! I call on the member for secure better training facilities in regional centres to Ivanhoe, one of the Kokoda commandos! improve the workforce.
Mr CARBINES (Ivanhoe) — Thank you, Speaker. National registration was amongst the issues involved I am glad that I am still able to get up off my knees; in trying to improve the health practitioner workforce, they are still pretty bruised and sore. I am pleased to which brings us to some of the matters that have been speak on the Health Practitioner Regulation National touched on in this bill. The registration issue goes back Law (Victoria) Amendment Bill 2011. Despite what over many years of work that was largely about some previous speakers have said, there is quite a improving and increasing the workforce in health history to this bill and the work in this area. Clearly the practitioner areas in regional and remote communities. Labor Party is not choosing to oppose this bill. The question was: how could we do that when we also wanted to bring in a number of overseas-trained I refer back to some earlier matters in relation to these medical practitioners and provide assistance for them to issues. There was an Australian Health Ministers ensure that their registration needs could be met not Advisory Council meeting in May 2007, when the only in Victoria but in many places where there were
HEALTH PRACTITIONER REGULATION NATIONAL LAW (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2961 cross-border anomalies, such as Mildura, Some of the other questions the community raised Albury-Wodonga, certainly around Echuca and include whether there is a fair representation of potentially also in Swan Hill? community members on the boards under the national scheme. Clearly it is important that we have skilled We would bring in overseas-trained or perhaps practitioners — peers — who are able to assess the interstate-trained medical practitioners who needed an competency, qualifications and work of others in their opportunity to maybe move between centres and fields. But it is also important, as we have found across different regional areas. In that case it was important to many boards and statutory authorities, that we have make sure that any national laws around their members of the community — laypeople — who also registration reflected the concerns and issues they were have an opportunity to make a contribution. finding and to ensure that they were encouraged to work in these challenging areas. Part of that was The model of community representation on boards that providing not only the facilities to maintain their exist in Victoria under the current Health Practitioner training and skills but also a way to ensure that they Regulation National Law (Victoria) Act 2009 has been were able to meet their professional obligations around mirrored in the national law. On a national board no registration. more than two-thirds of the members can be practitioner members and at least two members must be In relation to who is affected by the bill, it certainly appointed as community members, and that is about allows practitioners such as chiropractors, dentists, picking up on the concerns of the community and doctors, nurses and midwives, optometrists, osteopaths, giving people confidence that they will have a say and pharmacists, physiotherapists, podiatrists and they will have experts who can advocate for them psychologists to register once and practise anywhere. where any concerns may arise. While these changes might not necessarily affect those who work in metropolitan centres, certainly for those Another question raised by the community was whether who work in cross-border towns and cities these sorts VCAT (Victorian Civil and Administrative Tribunal) of changes, as they are rolled out, will have a and the Office of the Health Services Commissioner significant effect on their capacity to provide their skills will continue to have a role in the complaints and services in regional centres on our northern management process. That is another area that feeds Victorian border. I note that the national boards are into what I have talked about — that is, the responsible for ensuring that only health practitioners community’s confidence in the way people can deal who are suitably trained and qualified are able to with their concerns and issues in the complex areas of practise and be registered. the health portfolio. In terms of the model of complaints management, under the national law it is similar to the I will pick up also on some matters that relate current structure under the Health Practitioner importantly to the community. Members of the Regulation National Law (Victoria) Act 2009 in that community want to be able to ensure that they are still the national boards have the same mechanism in place able to make complaints against practitioners where to deal with notifications made against health concerns are raised by them around their treatment or practitioners through either a health performance or engagement with health practitioners. National professional standards panel, and that is also very registration will ensure that there are dedicated important. telephone lines for members of the public wishing to make complaints, and there will also be offices in each Of course serious matters in relation to a practitioner’s state and territory through which complaints can be conduct will be referred to VCAT. The health services addressed. Those complaints will be passed to the commissioner will continue to have a strong role and a relevant national board to be dealt with through the relationship with the national boards, although it will be appropriate state or territory office. interesting to get some further feedback in the annual reports of the health services commissioner when these Assistance will be provided to members of the public reforms are rolled out. We are, however, still looking at who need it to make a complaint, and I would hope 1 July 2012 before that occurs, which allows time for there is appropriate advice provided to the community practitioners to be informed of the new 28-day limit. so that those pathways where concerns or complaints need to be addressed are clear to those who use the The other aspect that is important is the role the services of health practitioners. It is important that the Victorian health minister has in the national scheme. community have confidence in those services under The particular point in relation to that matter is that these new arrangements. under the national scheme the ministerial council comprises the commonwealth health minister and the
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2962 ASSEMBLY Wednesday, 31 August 2011 state and territory health ministers. The ministerial On the eve of the 12-month anniversary of this council is responsible for providing policy direction, government we have another bill coming from the approving registration standards and giving approvals minister, and it is hardly a great reform package that is in relation to specialist registration — it is approving being presented by him. In fact it falls well short of that areas of practice for purposes of endorsement — and which was promised prior to the last election. Its very the health minister also has a role in the publishing of arrival here throws another glaring spotlight on the directions and appointment of approvals to national, minister’s inability to come into this house and present state and territory boards. the standard-bearer policy that he took to the last election, which was to put before the house public In relation to health practitioners, who clearly have a transport development authority legislation. All concern about a number of the aspects of how these members in this place would be very keen to learn from reforms will apply under these national arrangements, the minister what he is intending to do with respect to one of the key areas they have sometimes talked about the authority. We are on the eve of the 12-month is the divisions of nursing that will be covered under anniversary, so I think it is quite timely that he get his national law. The Nursing and Midwifery Board of act together and put something before the house. Australia will have two registers, and they relate to a register for nurses, including divisions of registered The minister promised in his policy statement before nurses — that is, Div 1s, as they are known — and also the election that he would rebuild the basics; I think that enrolled nurses, or Div 2s. There will also be a register was the heading of the policy document that went to the for midwives. election. Yet here we are, nearly 12 months in, with a new minister at the helm who promised so much. He We all know with the way federation works that the raised expectations so incredibly high, yet we now have more we can work together and cut through the red only the second bill brought before the house, and we tape, the better, but we need to make sure that the have all noticed the fact that — — community has confidence that it still has the capacity to advocate in relation to its concerns on these matters. I Mr Herbert interjected. commend the bill to the house. Ms RICHARDSON — That is true; the member for Debate adjourned on motion of Ms MILLER Eltham is absolutely correct — he was going to do so (Bentleigh). much, but here we are debating only the second bill from this missing-in-action minister. Even the bill itself Debate adjourned until later this day. makes it abundantly clear that the changes that are being introduced are in reality a mere spit and polish of acts that were passed by the Labor government. Acts TRANSPORT LEGISLATION such as the Transport Integration Act 2010, the Rail AMENDMENT (PUBLIC TRANSPORT Safety Act 2006 and the Bus Safety Act 2009 were SAFETY) BILL 2011 major reforms in public transport that were initiated by Labor. Second reading It is clear that the series of reforms in the bill in essence Debate resumed from 29 June; motion of implement the Ombudsman’s recommendations in his Mr MULDER (Minister for Public Transport). report of last year. The bill also introduces a new Ms RICHARDSON (Northcote) — I am very dispute resolution process, although it was made clear pleased to speak on the Transport Legislation in the briefing that no dispute of the kind envisaged has Amendment (Public Transport Safety) Bill 2011. I ever taken place in Victoria. It is also clear from the bill welcome any opportunity to speak on a bill brought that it simply replicates national reforms in Victorian before the house by the Minister for Public Transport, legislation. On and on the bill goes. If you sought to because so far we have seen only two such bills come defend the minister in any way, shape or form — to say before the house. The first was the Transport he has his shoulder to the wheel and is prepared to Legislation Amendment (Taxi Services Reform and deliver the basics, as he said — you would find that the Other Matters) Bill 2011, and that bill handed over bill presents a poor case for doing so. responsibility for the future of the taxi industry to Given that we are just 12 weeks short of the first Professor Allan Fels and put the minister in the back anniversary of this government’s election, the timing of seat when it comes to the taxi industry. the bill speaks volumes about where the minister is at. The minister stands condemned for his lack of action. It
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2963 is not as if the government has not issued press releases. I take this opportunity to thank the Department of As the member for Eltham pointed out earlier, the Transport’s representatives who briefed me on the bill. government — which was going to be free from I am sure they were just as pleased as I was that the spin — is keen on the media announcement. The minister’s reluctance to provide briefings has lessened government put out a media announcement about the since the start of the year, although some interference is new head of the authority, Ian Dobbs. It went well for still going on. I was pleased to have the briefing. The the minister when he announced the head of the new representatives were very helpful in detailing the bill authority, for which, as I said, we have not seen any that is before the house. At the briefing it was made legislation. I quote from an Age article headed, clear that there has never been a conflict of this kind in ‘Comeback for Kennett-era transport chief’: Victoria, so there has not been a need for this kind of procedure in the past. However, the bill provides that in The Kennett government’s head of public transport has been the event of such a dispute, the regulators and the brought back to run Premier Ted Baillieu’s long-promised public transport development authority … Secretary of the Department of Transport must be notified of the incompatibility. The secretary may then We have not seen any legislation to do that, as I said, chair a meeting of all the parties involved. If the parties but here is the media announcement. The article are still not happy with the outcome, then, and only continues: then, will the minister get involved and determine what should happen. It would be a unique experience for the Transport Minister Terry Mulder yesterday confirmed Minister for Public Transport to be required to make a Mr Dobbs would be a key part of the new public transport authority … call. We have the media announcement about the new head There is another barrier to any such dispute or conflict of the authority, but we do not have any legislation arising in Victoria that has come about as a before the house, for which the minister stands consequence of the minister’s actions. The building of condemned. He stands condemned for all sorts of these kinds of super-stops or any kind of infrastructure reasons, not the least of which is that commuters would designed to improve access for those with disabilities want to see some detail brought before the house and took a real kick in the guts from the minister when in some legislation put in place. We have not seen that; we the last budget he cut funding for compliance with the have seen the minister in charge needlessly hiding federal Disability Discrimination Act 1992 by over under his desk and not being prepared to bring anything 75 per cent. It was $60 million that was cut from the before the house. budget in May.
If you went through the provisions in the bill one by To give members an idea, $80 million was spent under one, you would conclude that there is not much to the Labor over the past four years; this minister has bill. However, I say from the outset that Labor will not allocated only $20 million for the next four years. be opposing the bill. Given there is not much to it, it Conflicts like the example that was given to me by would be churlish to do anything other than support it. Department of Transport representatives where Yarra However, I will highlight the changes made by the bill, Trams wants to build a super-stop are unlikely to because they further illustrate our point that the happen on this minister’s watch because of his slash Minister for Public Transport is not up to much and has and burn of the DDA (Disability Discrimination Act) not lived up to the range of commitments to fix the compliance funding. As I said, it will be a 75 per cut to problems he made much of prior to the last election. that funding. I think the government should perhaps reconsider what it has done in this important area. Let us have a look at the dispute resolution process, which I spoke about earlier, as detailed in clause 3 of The bill also makes it clear that when it comes to the bill. Clause 3 inserts new part 7A into the Transport railway crossings, for example, the safety director’s Integration Act 2010 to provide a mechanism to deal decision is absolutely paramount; he gets the call on with situations where the director, transport safety, and what should happen no matter what the road authority a road authority have made inconsistent decisions so may say. During the briefing it occurred to me that it is that it is not possible for a regulated body to comply a shame that the same cannot be said when it comes to with them. For example, if Yarra Trams wanted to political interference over railway crossings and how build a super-stop and Transport Safety Victoria said the need to improve safety of crossings could be one thing about the super-stop’s compliance but undermined by a government that is not compelled by VicRoads said something else, Yarra Trams would be the need to improve safety across the rail crossing caught between the two and be unable to comply with network but is compelled by political imperatives. the conditions that were being put on it. Indeed these political imperatives have clearly ridden
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2964 ASSEMBLY Wednesday, 31 August 2011 roughshod over safety concerns across our railway much, and certainly you would not be conducting crossings. Why else would a crossing in Brighton that yourself in a safe way. What is missing here is the ‘0’ in is no. 223 on the list of the most dangerous crossings middle of the 0.15 — it should read 0.015 — and the get $2 million when 8 out of the 10 most dangerous bill seeks to rectify that. This is also consistent with crossings in Victoria get absolutely nothing? This bill national legislation. makes it plain that safety comes first over railway crossings if VicRoads wants to intervene, but if this The bill also corrects an unintended consequence of the government wants to intervene politically and prosecute Bus Safety Act 2009 to require drivers of commercial its own political imperatives, that is just fine; it is minibuses to remain accredited. This was always the something we all have to live with. case, but the bill makes it clear. It will also ensure that all drivers undertake any courses that are required by As I said earlier, there are changes proposed by the bill the secretary of the department to ensure their as a consequence of the work the Ombudsman has competence. There are about 1000 or so drivers at undertaken. In his report titled Investigation into the present who drive commercial minibuses and Issuing of Infringement Notices to Public Transport community buses and the like, and the Bus Safety Act Users and Related Matters he recommended that there will be amended to ensure that if they have a be changes in this area. The bill makes changes by probationary licence, they are still able to do the job requiring that any incident across the network that that is asked of them. Ultimately the safety director involves an authorised officer — not a protective gives the green light about whether this can take place, services officer but, say, a ticket inspector or a ticket and he can revoke it at any time if there is a breach. It seller — will now be required to be reported to the will ensure that the 1000 or so probationary drivers are Department of Transport within 48 hours of the still able to operate. It is an unintended consequence of incident. Previously operators had 14 days to notify the the Bus Safety Act that is being corrected here. department but, as I said, the Ombudsman did not think that was good enough and now this kind of incident The other important change is a very common-sense needs to be reported within 48 hours. change which relates to scheduled compulsory bus servicing. In the past the service had to be done on the The types of incidents that are referred to are things like 12-month anniversary. This change gives a 14-day occasions when a passenger and an authorised officer leeway on either side of the anniversary, which will have been engaged in some sort of altercation and provide greater flexibility. It has been welcomed by the perhaps there has been an injury of some kind or bus association and other operators in the system. somehow perhaps some property has been damaged involving an authorised officer or a child or another In brief, the other changes to the Bus Safety Act relate vulnerable person has come to grief as a consequence to offences involving fraud or dishonesty which in the of an involvement with an authorised officer. Now it past meant a person was not eligible for bus will be required that the incident be reported to the accreditation. The Victorian Civil and Administrative department within 48 hours as opposed to 14 days. This Tribunal was continually overturning the mandatory is to ensure that any breach of an authorised officer’s refusal of these kinds of offences, and the bill provides code of conduct, which may reflect poorly on their the safety director with discretion about whether or not performance, is brought to the attention of the authority. a person can be accredited if there has been an offence According to the briefing that was given by the along the lines of fraud or dishonesty. This is in Department of Transport, these changes are already in keeping with what is happening on the ground. place. Once the Ombudsman’s report hit the deck last year the operators made a series of changes, and this There are also changes to the Rail Safety Act 2006 to change in the bill simply reflects what is happening on bring Victoria into line with the national position. It the ground. makes it clear that safety management systems are only to apply to accredited rail operators. It also clarifies that There is also a correction to the Transport (Compliance the director of public transport does not need to have a and Miscellaneous) Act 1983. The bill corrects what safety management system because it does not operate has been an extraordinarily long-term error relating to services directly and so does not require accreditation. infringements and alcohol in the blood or on the breath. Of course this reflects the policy of the Road Safety Act Since 1994 the definition has been that if you have 1986 and is consistent with what is happening 0.15 grams per measure of blood or breath of alcohol, nationally. you are in breach of the act. I am not a drinker, but I think 0.15 is a significantly high level of alcohol in the The changes under clause 23 relating to the national blood. I am sure you would not be able to operate model Rail Safety Act 2006 enable transport ministers
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2965 across Australia to enter into agreements that deal with burden on transport operators by aligning safety the reciprocal powers of rail safety officers. Again this management requirements applying to rail operators is a national reform that is being reflected here in with national provisions, allowing registered bus Victoria. If the bill did not reflect the kinds of changes operators providing services to disabled people to that have been happening nationally, it would limit continue using drivers who hold probationary driver Victoria’s capacity to enter into these sorts of licences and providing greater flexibility in scheduling arrangements. Far be it from me to want to limit the compulsory bus safety inspections and the requirements minister in any way, shape or form. He has plenty of for accreditation as bus operators. limitations himself that he needs to overcome before we get the legislation to cover the work that he needs to be We heard from the member for Northcote, and she was doing. very critical of the Minister for Public Transport, but we must remember what happened in the previous As I said earlier, Labor will not be opposing the bill. government. The previous government could not even There are a number of changes that are reflecting a spit get the fundamentals right. We all remember the vision and polish of acts that were passed by the Labor of rails buckling in the heat and all the cancelled rail government. They are common-sense changes that services. The previous government could not even get need to be made. the air conditioning right. Then there was that sight on television of the former Minister for Public Transport, I would like to take this opportunity to speak to the Lynne Kosky — I had to feel sorry for her — when minister on behalf of commuters. As this is only the they could not even get a decent myki machine for her second bill that he has brought before the Parliament, I to use. She went to put her card in and the machine fell think it would be most valuable to each and every one off the wall. The previous government could not even of us, and in particular to the minister, if he were to get the basics right, and yet its members come in here bring in legislation to deliver on the commitment he and criticise the government. made prior to the last election regarding the establishment of the authority. The minister should not Mr Wynne interjected. just issue a press release or a press statement about who is going to head the authority; he should do the work Mr WELLER — The member for Richmond and do the Parliament the courtesy of bringing the interjects, and I know it is improper to respond to legislation before the house as he promised he would interjections. However, he speaks about regional rail. and not let time slip by. Mr Wynne — How is that going? As we have seen to date very little has happened in the public transport space other than cuts to things like Mr WELLER — How was it going? Was it not the DDA funding, no funding for buses, no new train former government that tried to fix the rail line to services, no new trams et cetera. Wodonga? What happened then? It was working; the government went in and fixed it up, and then all of a Honourable members interjecting. sudden, because it did not put the right amount of ballast in, the rail line sank a foot. So there were rail The ACTING SPEAKER (Mr Blackwood) — services that were not able to run, and there were Order! replacement buses running all the way up until early this year. It was the current Minister for Public Ms RICHARDSON — I am looking forward to Transport who got it back on track, so to speak. dealing with that debate, let me tell the house. I am also looking forward very much to seeing the legislation and Let us move on to the bill so we can talk positively seeing the minister crawl out from under his desk and about what is going to happen rather than revisiting actually do the job that he is required to do and deliver history and reminding everyone what a poor operator the legislation he promised he would relating to the the previous government was when it came to running public transport development authority. rail. Clause 1 sets out the purposes of the bill, and the explanatory memorandum states that they include: Mr WELLER (Rodney) — It gives me great pleasure to rise this evening to talk on the Transport to promote public transport safety by amending the Transport Legislation Amendment (Public Transport Safety) Bill (Compliance and Miscellaneous) Act 1983 … to — 2011. The bill broadly aims to promote public transport shorten the period in which certain incidents involving safety by making a number of amendments to the bus authorised officers must be reported — and rail safety regimes that apply to public transport operators. The bill also aims to reduce the regulatory we are going to shorten it —
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2966 ASSEMBLY Wednesday, 31 August 2011
and Mr WELLER — I want to reiterate a couple of establish an improvement notice scheme for the points I made before the break for tea, and it is good to improved management of authorised officers by see the member for Northcote has returned to the passenger transport companies such as Metro and Yarra chamber. The member for Northcote was quite critical trams; and of the current minister, saying he was not doing ensure that drivers of commercial minibus services are anything, but what we have done is get the basics right. required to hold a driver accreditation; and We have got the ballast and the rails right, we have fixed the air conditioning, we have even got the require loading and unloading of goods and freight onto timetables right and we have more trains running on rolling stock to be carried out safely; and time. While members of the opposition come in here enable the minister to enter into agreements with and criticise the Baillieu government for taking some transport ministers of other states and territories for the time, we can assure them that we might take some time reciprocal exercise by rail safety officers of powers but we will get it right, and there will be increased under each jurisdiction … services. That is the national consistency. Just before the dinner break I was talking about Honourable members interjecting. clause 19, which inserts new section 28B about which the explanatory memorandum states: Mr WELLER — Obviously the members of the opposition are not interested. New section 28B(3) provides that an offence against subsection (2) is an indictable offence. A note is inserted at the foot of the subsection 3 alerting the reader to the fact that The explanatory memorandum also states that clause 5: the offence may be heard and determined summarily under the provisions of section 28 of the Criminal Procedure amends section 228H(1) of the Transport (Compliance and Act 2009. Miscellaneous) Act 1983 to provide that accredited passenger transport companies must notify the secretary of any relevant The new section provides that the system and incident or occurrence involving an authorised officer within 48 hours of the incident taking place. arrangements required by subsection (2) must be documented, set out and expressed so that the content is This replaces the current period of 14 days, so it is readily accessible and comprehensible to those who use indeed a shorter period — 48 hours as compared to them and contain such matters of information as is 14 days. We are getting on with the job here; we are not required by the regulations so that the everyday person holding up progress. We are getting on and doing the can understand them. job. Turning to clause 27, we see a commitment to have Clause 19 is a very interesting clause. It inserts new more flexibility around when buses have to go through section 28B(1) into the Rail Safety Act 2006, about their audits. Inspections may happen up to 14 days prior which the explanatory memorandum says: to the anniversary of the date of the first inspection or up to 14 days after — a 28-day period — which gives … a rail operator who holds an exemption granted under flexibility to the bus company so it can find a time section 63 of the act must establish a system and arrangements to ensure the rail operations the exempt rail which suits its business to have the bus audit, which operator carries out are managed safely. will improve the safety of the whole system.
And what is the penalty if the rail operator does not do Clause 25 provides that the operator of a bus service that safely? There will be a fine of nine thousand which is not a commercial or local bus service must not penalty units, which works out to be about half a operate a service unless they are registered. We are million dollars, if my calculations are right. That is a bringing in assurances that the quality and safety of the major deterrent to being outside the safety parameters. service will be assured by introducing this clause. It is There will be a responsibility on the companies to most important and a great step forward for public provide safe operations when there is that transport users. The bill also talks about having the amount of — — appropriate licence, about which the explanatory memorandum states: The ACTING SPEAKER (Mr Blackwood) — Order! The time for the dinner break has arrived. The appropriate driver licence for a category of motor vehicle member for Rodney will have the call when the house depends on whether the bus service is a community and private bus service for which the registered operator has been resumes. granted permission to use probationary drivers. If so, then an appropriate driver licence will be — Sitting suspended 6.30 p.m. until 8.01 p.m.
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2967
a full driver licence for that category of vehicle; or good thing, and ministerial powers for some reciprocal a probationary driver licence for that category of vehicle; safety arrangements, which is probably a good thing, or although I do not know that they are actually needed in this bill. an equivalent driver licence issued in another jurisdiction. In respect of a bill called the Transport Legislation Amendment (Public Transport Safety) Bill 2011, I fail This government is ensuring that the appropriate to see how limiting the requirements to repair and licence is there. maintain the safety management system to accredited Turning to clause 32, the coalition gave a commitment rail operators increases safety. We are not increasing that we were going to clean up Labor’s mess. In their requirements; we are limiting their requirements to relation to clause 32 the explanatory memorandum have a safety management system. Likewise, I cannot states that it: see how permitting operators of community buses and private bus services, as good as they may be, to corrects typographical errors in paragraphs (d) and (e) of continue to use drivers who hold probationary licences section 73(1) of the Bus Safety Act 2009. improves safety in those community buses or private Labor could not even get the print right in 2009! We buses. It is also hard to see how providing greater gave a commitment at the election that we would come ‘flexibility’ in the scheduling of compulsory bus safety in and clean up the previous Labor government’s mess, inspections to reduce the regulatory burden in the bus and here we are, with clause 32, cleaning up its mess. industry helps safety. It seems to be a matter of saying, ‘Let’s make it easier: let’s reduce the requirements for What we have to understand is that this side of the safety, and that will somehow make the bill a public house is committed to having safe public transport and transport safety bill’. not only that but public transport that works, public transport where the ballast, the rails and the sleepers are The bill is probably misnamed. It is a minor bill. It is a right and indeed the air conditioning works. I commend bill that has a few good things in it; it is a bill that dots a the bill to the house. few i’s and crosses a few t’s. It is a good administrative clean-up, and this sort of thing has to happen. When Mr HERBERT (Eltham) — It is a pleasure to speak there has been vigorous transport legislation, as the on this bill, particularly after the member for Rodney. former government had, you need some administrative He complained about some minor changes in the bill, clean-ups now and then. The bill is the second piece of but at least the previous Labor government had a lot of relatively minor legislation that we have seen on public public transport bills; I think this is only the second one transport. That is a pity, because public transport in this we have seen since the coalition came to government. state is facing some big issues: funding, planning and There is only one thing worse than the speech I just vision. Those things are simply not on this heard from the member for Rodney, and that is his government’s horizon. Worse, the government seems Richmond tie, which is truly hideous. For those who preoccupied with protective services officers (PSOs) are reading Hansard, it is a bad, bad tie! and minutiae reform that we heard about from the member for Rodney — the dotting of the i’s and It is a pleasure to speak on the Transport Legislation crossing of the t’s. That is the reform agenda this Amendment (Public Transport Safety) Bill 2011. government has brought into this place. In fact public Whilst it is not a particularly meaty bill, anything that transport reform has slowed to a snail’s pace. Some improves safety on our public transport system is well would say it is rapidly going backwards from what we worth supporting. Having said that, I must say I cannot saw under the previous government. really see why this bill is called the Transport Legislation Amendment (Public Transport Safety) Bill On the general issue of safety we have heard promises 2011. It seems to be more about loosening safety to establish a public transport authority. Where is it? It regulations and minor amendments than it is about is bogged down in seeming bureaucratic inertia. We actual safety. have seen nothing on that. Reliability on our system is shot; it is going backwards. We see overcrowding I acknowledge that the bill aligns safety management escalating in our system because nothing is happening. provisions for rail operators with the national We do not see any legislation, any action or any provisions and provides for the safer unloading and funding on the major reforms of public transport that loading of goods and freight onto rolling stock, and that are needed in this state: the additional track, the is a good thing. There will be shorter reporting times, expanded underground, open and transparent bus which the member for Rodney mentioned, which is a tenders, underground transport linkages, new
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2968 ASSEMBLY Wednesday, 31 August 2011 technology, major upgrades to rolling stock et cetera. sites were found. Then he said, ‘Oh, other sites may be All those reforms were started under Labor and all have too expensive’. Of course they were. stalled or, worse, been shelved under this government. Years of planning, detailed design, work schedules, In the end the minister is resuming work; however, the funding — all have been shelved under this extra services from Eltham station that were promised government. Meanwhile, tracks deteriorate, services to the people of Eltham have been delayed by between slump and the system is grinding to a halt while the 12 and 18 months. Work has still not started on the government is doing nothing. stabling there. How long has the government been in here? There has been no work started whatsoever — What has happened to the Hurstbridge train line in my absolutely zero. That is the problem with this electorate of Eltham is a classic example of the inertia government on public transport. What did it do before of this new government. Recently in the newspaper we the election? It promised the world to every single saw it described by drivers as the worst line in person. What has it done since? Nothing. We have had Melbourne. It is a century-old line, and I am prepared to two pieces of minutiae legislation in here. The admit that when I was elected in 2002 and came to government is obsessed with PSOs. Nothing is government it was a century-old, ramshackle train line happening about the major problems in this state; with bottlenecks right along it and a lack of reliability nothing is happening about the plan. and frequency. When I was elected in 2002 the first thing I did was not worry about the minutiae. We did a Mr Watt interjected. complete study of the Hurstbridge line, of the bottlenecks and what the problems were, and then set Mr HERBERT — Labor had a plan, it had the about fixing them. The first fix was a few years go with funding, and it was going to do it. I recognise that you the $50 million upgrade to the Clifton Hill-Merri Creek might not have agreed with that plan. interchange, where two lines merge. There was a single The ACTING SPEAKER (Mrs Victoria) — bridge over the Merri Creek which was a constant Order! The member will speak through the Chair. source of bottlenecks and hold-ups across the line. Fifty million dollars got rid of that bottleneck. Extra track Mr HERBERT — However, the government and a new bridge fixed it up. should have another plan. The truth is that patronage on public transport around the world has increased In relation to the next problem on the line Labor enormously, and those who are handling it successfully addressed, it provided another $50 million to upgrade have a plan, have a funding pipeline and are getting on the communications and signalling equipment from and doing the work. They are buying the rolling stock, Greensborough through to Hurstbridge, provided two putting in the extra track and putting in the extra new stables at Eltham station to house two new trains technology. But this government is doing nothing — and gave a commitment that when those trains were in absolutely zip. They all complain over there, but that is there would be two new peak-hour services in the the truth of the matter. morning and two new peak-hour services in the afternoon. The opposition might not be interested in The ACTING SPEAKER (Mrs Victoria) — suburban Melbourne and the need to do that. That work Order! The member’s time has expired. started — — Mr HODGETT (Kilsyth) — It is always a pleasure Honourable members interjecting. to follow the member for Eltham after the dinner break. I take delight in rising this evening to contribute to the Mr HERBERT — Sorry, the government may not debate on the Transport Legislation Amendment be interested in that — my apology. When its members (Public Transport Safety) Bill 2011. Honourable were in opposition they had no interest in it; in members in this place have outlined the purpose and the government they have no interest in it. The truth is that main provisions of the bill, and the member for Rodney it has been a sad and sorry story on this line since the outlined in detail a number of important clauses. I thank former opposition has got into government. Work the member for Rodney for his contribution and for started on this absolutely crucial piece of infrastructure highlighting some of those important clauses. for safety on the line and for reliability and extra services. What did the minister do as soon as he got in? However, tonight I will contain my contribution to the He called a review. Work stopped. Tools were downed. debate to a commentary on the safety management Shovels were left on the ground. There were no details system clarifications. I do this to assist interpretation in about the review; that went nowhere. Then he said, this area and to put on record this transport commentary ‘Well, we’re looking at other sites for the stabling’. No
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2969 on safety management system clarifications for the measures are much more important and need further house. clarification in order that they can be implemented properly and effectively. The bill brings a number of Victorian rail safety provisions more clearly in line with the national Model We have also seen that this government tries to make Rail Safety (Reform) Bill, including provisions about its own projects that were funded as part of the previous safety management systems. A safety management government’s transport plan. It is not unreasonable or system sets out how an operator intends to manage strange for new, incoming governments to try to make day-to-day safety risks on the rail network. Under the the old look new, but this government is certainly national model, safety management systems are only putting a lot of focus on making the old look very new, required of accredited operators — that is, persons who including wasting a lot of time on the regional rail link manage rail infrastructure or run rolling stock. This project and whether it is on again or off again. I can reflects the greater risks to be managed by those imagine coalition members saying, ‘Are we going to go operators with day-to-day responsibility for running rail and do it? Labor didn’t commit’. At the end of the day systems. we all knew the government was going to commit to this project because it is so important and also has The bill confirms and ensures that, in line with the federal government funding. It is a project that on its national model, only accredited rail operators are own will make the single biggest rail safety required to have a safety management system. The improvements — — director of public transport is the contracting party on behalf of the state under franchise agreements with Honourable members interjecting. Yarra Trams, Metro Trains Melbourne and V/Line. The operators are the network operators with day-to-day The ACTING SPEAKER (Mrs Victoria) — responsibility for managing rail safety. The franchise Order! There are an awful lot of interjections. agreements place that responsibility squarely on the operators. The director does not have on-the-ground Mr PANDAZOPOULOS — That project on its control of rail operations. The director is the contract own will effect the single most important rail safety manager under the franchise agreements and for that improvement anywhere across the network by reason is not required to be accredited. separating V/Line country services from metropolitan rail services, leading to improvements in services and The provisions being inserted in legislation by the bill increased capacity. But the government took so long to clarify and ensure that under the Rail Safety Act it is commit to that project that federal government funding not intended, and never was or has been intended, that was under threat; a great gift to the state from the the director of public transport or his successor be federal government was under threat! The reality is that required to have a safety management system. This was only Labor governments have been putting money into not the intention of Parliament in passing the Rail state public transport systems. The last time we saw that Safety Act in 2006 and the amendment removes any was in the Keating years. The Kennett state government doubt about the issue. I trust that clarifies this important cooperated with the federal government, and one issue for the house. I commend the bill to the house. example that came out of that was Cranbourne railway line. There were a whole lot of railway station Mr PANDAZOPOULOS (Dandenong) — It is a upgrades, including the Dandenong railway station, that pleasure to participate in this debate. It has certainly were funded as part of that cooperation. been highlighted by members on this side of the house that we are not opposing the bill but that we support We have been seeing the government dithering and any amendments to clarify improvements to public trying to make Labor decisions look bad and then transport safety in rail, community buses and eventually making them look like they are their own. commercial minibuses et cetera. I am amazed that Now we are going to see ministers going out there and during the lead-up to the election campaign and after opening railway platforms, announcing new rail nine months in office this government still does not services, talking about how much more efficient V/Line have a transport plan or agenda. Apart from protective services are and the reduced travel times. The minister services officers, this is what we have. The reality is has this whole pipeline of benefits that were funded by that since petrol hit the $1 mark and since the Labor a federal Labor government and the previous state government removed zone 3 tickets — something very Labor government. That is just one example. beneficial to those of us who represent the south-eastern and eastern suburbs — there has been a huge increase Honourable members interjecting. in patronage, and therefore public transport safety
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2970 ASSEMBLY Wednesday, 31 August 2011
Mr PANDAZOPOULOS — I know government this debate take the opportunity to talk about their members do not want to hear about the reality, but what infrastructure projects and how they will improve safety were the government’s election commitments in on the rail system. The lack of that really highlights to transport? You would think we would have heard one all of us — that is, everyone who is listening to this of the government members when talking on this bill debate and who will read the record of it in future — outline what some of its initiatives were apart from that there has not been much on the government’s funding priority project no. 200, a rail grade separation agenda in relation to new public transport initiatives in in New Street, Brighton — a very low-priority project. the last nine months. That is very insulting to everyone around the state with higher priority road funding projects than grade Ms WREFORD (Mordialloc) — I rise to support separation, projects which are also about improving the Transport Legislation Amendment (Public safety for rail passengers, for the rail workforce and for Transport Safety) Bill 2011. This bill combines two of drivers. Why project no. 200 is funded ahead of a the greatest reasons for the result we saw at the 2010 whole lot of other projects is beyond my understanding. state election — that is, public transport and public Obviously the member for Brighton is to be safety. The previous government had a woeful record congratulated on having had a lot of political pull in her on both of those things. Who could forget Labor’s party when going through the election campaign. classics like having 65.5 per cent punctuality on the Frankston railway line in June 2010 or building the It basically means that in my area the South Gippsland Lynbrook railway station but forgetting that it would Highway and the Pakenham railway line intersection — need electricity? which has heaps of truck traffic going into the industrial area of Dandenong, where there are massive queues, a In a short space of time the Baillieu coalition lot of accidents occur and trucks potentially get stuck government has made remarkable improvements in under rail barriers — does not get a guernsey at all. public transport and public safety. For instance, Neither does the Heatherton Road crossing in Noble punctuality on the Frankston railway line is now Park at the Noble Park shopping centre. 92.6 per cent — punctuality on that line went from 65.5 per cent to 92.6 per cent. I say to the Leader of the The reality is that the government has no real transport Opposition that 62.5 per cent is better than 16 per cent plan. The government is just piggybacking off a whole but not nearly as good as 92.6 per cent. lot of Labor initiatives. Where it had the opportunity to do something in the election campaign, we saw zilch. It This amendment bill is another step in the process of has had nine months to do something about it and come improving public transport and transport safety by up with new initiatives in its budget, but we have strengthening rail and bus safety schemes and tidying basically seen small fry for the increased patronage we up older legislation. In the finest of Liberal traditions, it are seeing in the public transport system. This is an also reduces the regulatory burden on transport opportunity for members to sit there, and as I operators by doing things like aligning legislation with conclude — — national provisions. This will save businesses a lot of doubling up. Mr Watt — On a point of order, Acting Speaker, the member seems to be straying quite far from the bill. The driving aims of the bill are, firstly, to raise the level I ask you to bring him back to the bill. of public transport safety and efficiency by making improvements to rail, tram and bus safety schemes; Mr Herbert — On the point of order, Acting secondly, to tighten government scrutiny and oversight Speaker, there are a number of issues in this legislation. of management of authorised officers employed or The nature of this debate has been broad ranging. I engaged by passenger transport companies; and thirdly, think the member for Dandenong is speaking to the to cut red tape by reducing the regulatory burden on essence of the bill. I do not believe the member for transport operators. We are making the system safer Burwood has raised an appropriate point of order. and at the same time we are increasing the efficiency of the system. It is a real win-win situation. The ACTING SPEAKER (Mrs Victoria) — Order! I do not uphold the point of order. However, the This bill aligns the safety requirements of rail operators member was straying from the bill. I ask him to come with national standards. That makes good sense back to the bill. because operators then have one set of rules rather than two. It clears up confusion and saves people doing a lot Mr PANDAZOPOULOS — In conclusion, I hope of doubling up. Labor loved doubling up, red tape and the remaining government members who will speak in inefficiencies. We are fixing that. This bill also makes it
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2971 clear how rail safety duties are to be applied to loading carbon tax. It cannot save us from the massive impact and unloading. the carbon tax is going to have on electricity prices and therefore the impact it will have on our electrified train The bill helps people who provide services to disabled service. It cannot fix all the issues Labor managed to and vulnerable people by allowing probationary drivers create for public transport over its 11 long and wasteful to drive minibuses for registered operators, including in years in government. How do you manage to get the Department of Human Services, where this is punctuality on the Frankston line down to 65.5 per already the case. cent? This bill takes the next steps in improving the system. The coalition government might have It also requires for-profit minibus operators to ensure punctuality on the Frankston line up to 92.6 per cent, that drivers have appropriate accreditation. It reduces but we need to keep working at it and keep the the red tape burden on the bus industry by allowing improvements coming. Bills like this one will help. flexibility in the scheduling of compulsory bus safety Bills like this one will make the system operate more inspections. Where a jurisdiction is shared between two efficiently and sensibly. This bill will help us keep safety regulators and there is a difference of opinion more trains running smoothly on the Frankston line. that cannot be resolved, the dispute resolution system being introduced by this bill will be used. This bill also Further, this bill will do a great deal for safety. It will corrects an incorrect definition in the existing provide for much greater scrutiny of the performance legislation by clarifying the permissible blood alcohol and behaviour of authorised officers. It will enable level for rail safety work offences. government and transport companies to better watch and manage authorised officers. Under this bill This bill responds to Victorian Ombudsman’s companies will be required to report adverse incidents December 2010 report entitled Investigation into the within 48 hours. This will allow for a faster, smoother Issuing of Infringement Notices to Public Transport flow of information. That will improve responsiveness Users and Related Matters. It was scathing of the and therefore increase the opportunity to identify and situation the previous government oversaw. We will not fix problems quickly. As a backup to that, under the bill allow that to continue. This bill introduces measures to improvement notices will be issued to passenger tighten the government’s scrutiny and oversight of transport companies with regard to authorised officers. passenger transport companies’ management of This will mean that if there are problems, the authorised officers. companies will be notified to take action. It will mean Amongst the measures in the bill, there is a variation of that there will be much greater control over the way the time frame in which passenger transport companies authorised officers act. such as Metro Trains Melbourne or Yarra Trams must This bill will also introduce a great deal of common report adverse incidents involving authorised officers to sense. Granted, the legislation will not be able to the department — they must now report within prevent giant Labor stuff-ups like when the former 48 hours of an incident. It also introduces an government forgot to connect the power to the improvement notice scheme for passenger transport Lynbrook railway station. If you cannot remember to companies which employ or engage authorised officers. supply a train with power, how can you manage a state This bill, like this government, looks to the future. In or a country? How do you think they are going to go anticipation of proposed national rail safety law and implementing a giant carbon tax? also to reduce Labor’s beloved red tape, which it You cannot change Labor, but for the rest of Victoria wrapped around the transport industry, this bill enables this bill will apply a great deal of common sense. It will the minister to enter into reciprocal agreements with fix the problems the minibus operators have been transport ministers of other states and territories so rail having. We should never underestimate the importance safety operators can act cooperatively. The bill also of minibuses to our community. They give so many provides the director, transport safety with greater community groups and people generally the flexibility when deciding to accredit bus operators if opportunity to be active. Some of the barriers out there they have convictions for fraud and dishonesty that are are overly restrictive and totally misplaced. This bill over 10 years old. will correct that, and in doing so it will make life a lot So you can see that this bill provides much greater better for so many in the community. flexibility, much more efficiency and more safety for The bill certainly delivers common sense by aligning transport users. It cannot solve all the transport issues, Victoria’s policy with national provisions. It must have and it cannot save Victoria from the impact of Labor’s been frustrating for operators to have to deal with two
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2972 ASSEMBLY Wednesday, 31 August 2011 sets of rule books and the clashes between them. requirement to have a safety management system. We Having a consistent set of rules is a much better and are softening the requirements on how they implement more efficient way to operate. Even little things like their safety management systems. We are allowing a allowing some flexibility in the scheduling of safety safety director to impose reasonable conditions, terms, inspections will help operators a lot. It might mean, for limitations and restrictions on drivers who have instance, that companies will be able to move an probationary licences, so there is a softening in terms of inspection forward just a little so they can manage their probationary licences for some bus operators. And we commuter scheduling more effectively. Where there are are allowing the safety director to accredit applicants bus driver shortages the director, transport safety, will who have convictions for fraud or dishonesty that are have greater flexibility in accrediting bus drivers who over 10 years old. The sorts of provisions in this bill are have 10-year-old convictions for fraud or dishonesty, a joke. They tidy up some aspects of the legislation, but which might make a real difference to our community. they certainly do not give anyone any confidence that this minister will be taking action to make them safer. Finally, enabling the minister to work freely under the agreement with the other states, particularly in the When I reflect on public transport and ask people context of the anticipated national rail safety law, will across my electorate about public transport, ‘Do you allow for a much more responsive and appropriate think Labor or Liberal can provide public transport approach. It will provide a great deal of clarity. In a few facilities in our electorate?’ you know what they will short months we have seen improvements to the say because they remember what the public transport Frankston line, including greater punctuality, which is system, including the rail system to Melbourne from up from Labor’s 65.5 per cent to the government’s Ballarat and the rail system from Bendigo to Melbourne 92.6 per cent. Bills like this will help consolidate and via Malmsbury and Kyneton in my electorate was like improve the performance further and make life better before Labor was elected in 1999. Before 1999 there for Victorians. This bill promotes common sense, were bus systems operating but not many. If you lived efficiency and improvements to public transport and in the country, you did not get many bus systems at all. safety. I commend this bill to the house. They know that under Labor we had a significant upgrade of the regional fast rail between Ballarat and Mr HOWARD (Ballarat East) — I am pleased to Bendigo. speak after the member for Mordialloc. I am quite amazed. I was certainly pleased when I saw the Dr Sykes interjected. Transport Legislation Amendment (Public Transport Safety) Bill 2011. I thought this is a bill I would like to Mr HOWARD — The member for Benalla wants speak on because I am concerned about public transport to make comments about silly things. and ensuring that people who use public transport can have confidence that it is always going to be safe. Dr Sykes interjected. Initially I thought the government would be doing The ACTING SPEAKER (Mrs Victoria) — something with this, but then I read the detail of this bill Order! and found it difficult to understand how it is going to make a big difference in terms of safety. Mr HOWARD — We know people are starting to use the public transport system. The numbers on our I heard the responsible minister, the Minister for Public transport systems doubled over the time Labor was in Transport and Minister for Roads, speak today after office. People love using the train system because they having been asked what was happening with the Arrive know they have new V/Locity trains — — Alive safety campaign in regard to the roads. The minister made a great speech. He stated that following a Mr Watt interjected. review some action will be taken. I thought maybe there would some action in regard to public transport The ACTING SPEAKER (Mrs Victoria) — safety with this bill, but what have we actually seen? Order! The member for Burwood has been quite noisy We have seen some material that the department has since dinner time. obviously provided for the minister indicating how we can tidy up the legislation. Mr HOWARD — People know they have many more services, and they felt safe on those systems. The We are not opposed to the amendments that will tidy up people who are using the system know that Labor the legislation, but what are we actually doing? When invested in rail transport in regional Victoria. Labor you read some of key measures in this legislation you reopened the lines up to Ararat and Maryborough see we will be exempting some operators from the which the Liberals had closed. People know that Labor
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2973 provided them with a great public transport system that government was on the skills required in the rail enables them to travel between Ballarat and Melbourne industry. Through that report we understood that there and between Bendigo and Melbourne and that this is a are a number of areas where there is an impending reliable, smooth-running system that they can enjoy skills shortage in the rail industry. We made many using. They also remember that the Liberals only let the recommendations, which included setting up an system run down; they were selling it off and closing improved training facility — probably at Newport down country rail lines. How the member for Benalla, because it is an appropriate place to have it — where who represents part of country Victoria, could feel we bring in the rail operators to train new rail drivers, comfortable making any positive comments about his signalmen and other people involved with track work to side when it comes to public transport I do not know. ensure that we are going to have a skilled workforce to maintain our rail and tram industry into the future. We also know that Labor increased the bus services. Labor just about tripled the number of bus services in At this stage I have not heard any response to this report my electorate to enable people from Mount Egerton from the new government. I certainly urge the minister and Gordon to get to the train at Ballan and back to the to seek out the report and the advice he has received services at Ballarat. Labor enabled the people of from the department in regard to this matter so that we Hepburn Springs and Daylesford to get the train at can see that we will have some skilled people trained Ballan as well as providing the people of Creswick with up to ensure ongoing rail systems and good training in a substantial upgrade of both the bus service and the the rail sector. This is the sort of issue that is going to train service and the reopening of their station. There be important. We want to see from this government that was much upgrading of the public transport system there is not just this ongoing trite talk about what they while Labor was in office, but what do we get now? are doing. We want to see the action we were promised by the minister earlier today in regard to safety on our The first transport bill from this new minister amounts roads, rail and everywhere. to changing the wording in some legislation in a way that does not guarantee increased safety but simply tries I also make the point that one of the few issues of to make it smoother in the way it operates. It is concern to some of those in my electorate who have questionable whether it has made any improvement. It been travelling on the bus system is the safety at the bus is a bit like so many other bills that this government has stop on Little Bridge Street, Ballarat, which has been a brought in. matter of concern over a number of years. The department did provide security guards at that bus stop Those opposite have come in making grand statements. for a while last year, but I noticed under the new I refer to the education bill that they brought forward. government that has stopped. My colleague the What was their first education bill? It was about member for Ballarat West has asked the minister to allowing principals to search for weapons amongst review this matter of whether safety guards or security students, which was not something I ever had any of people can be provided at the bus stop. We are still my principals asking to be able to do. They wanted waiting for some action on that matter and to see that funding for education. What have they seen? There has the people who use the bus system at that point can feel been a funding cut in education. Nearly $400 million safe while travelling. has been cut from education, and now we are starting to see how that is affecting them. Labor is clearly the party that has built up our public transport system in my part of the world, and it has We are seeing how $50 million has gone from the been threatened by previous Liberal governments. I Victorian certificate of applied learning coordination want to see some action from this minister and to see provision, which is going to make it difficult again in that he builds up the public transport system to show our schools. Certainly none of the schools in my that it can be safe and that it will be built up even more electorate will receive the upgrades that they were in the future. This bill does not give me any confidence hoping for and were promised under Labor. that that is happening.
This is another let-down of a bill from a let-down Debate adjourned on motion of Mr ANGUS (Forest government. The member for Mordialloc described this Hill). bill as modest. It might even be generous to describe it as modest. We know that there is much to be done to Debate adjourned until later this day. continue to support the rail system in this state. I am a former chair of the Education and Training Committee, and one of the last reports we did in the last term of
DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011
2974 ASSEMBLY Wednesday, 31 August 2011
DRUGS, POISONS AND CONTROLLED The new section 80U creates an offence to display a cannabis water pipe, or a bong component or a bong kit in a retail SUBSTANCES AMENDMENT outlet. The new section 80X makes it an offence to display (PROHIBITION OF DISPLAY AND SALE more than three, or another number that is prescribed, OF CANNABIS WATER PIPES) BILL 2011 hookahs for sale in a retail outlet. Both sections 80U and 80X engage the right to freedom of expression as it restricts a Statement of compatibility retailer’s ability to display cannabis water pipes, bong components, bong kits and display hookahs for sale. The limitation on the display of these devices is intended to Ms WOOLDRIDGE (Minister for Mental Health) restrict the visibility of these water pipes and therefore reduce tabled following statement in accordance with uptake, which in turn will reduce the risks to public health. Charter of Human Rights and Responsibilities Act Section 80X of the bill intends to provide scope for cultural 2006: activity within reasonable bounds, by allowing Middle Eastern and Arabic retailers to continue to sell hookahs so In accordance with section 28 of the Charter of Human Rights they may continue their cultural practices of using hookahs. and Responsibilities Act 2006 (charter act), I make this The restrictions in sections 80U and 80X are lawful statement of compatibility with respect to the Drugs, Poisons restrictions reasonably necessary for the protection of public and Controlled Substances Amendment (Prohibition of health and therefore do not limit section 15 of the charter act. Display and Sale of Cannabis Water Pipes) Bill 2011. Section 20: right to property In my opinion, the Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Under the charter act, the bill engages section 20, the right of Water Pipes) Bill 2011, as introduced to the Legislative people not to be deprived of property otherwise in accordance Assembly, is compatible with the human rights protected by with the law. the charter act. I base my opinion on the reasons outlined in this statement. The deprivation of property under the new section 80ZA occurs under the powers conferred by legislation and for the Overview of bill limited purpose of preventing the display in a retail outlet or sale or supply in the course of carrying out a commercial The purpose of the bill is to make amendments to the Drugs, activity, of a cannabis water pipe or a bong component or a Poisons and Controlled Substances Act 1981 (the act) to bong kit, all of which items are used for an illegal purpose. make it an offence to display in a retail outlet or sell or supply in the course of carrying out a commercial activity a cannabis As the bill clearly sets out the powers of members of the water pipe or a bong component or a bong kit. The bill also police force to deprive a person of a cannabis water pipe, a restricts the number of hookahs on display for sale in a retail bong component or a bong kit in prescribed circumstances, outlet. deprivation occurs in accordance with law, in confined circumstances. The deprivation is subject to a number of The amendments make the sale of a cannabis water pipe, safeguards located in sections 80ZB, 80ZC, 80ZD and 80ZE. which is used for introducing into the body a drug of Section 80ZA is not incompatible with the right to property. dependence, illegal. This is consistent with similar bans placed on implements used for administering other drugs of Conclusion dependence, for example, ice pipes. Cannabis use causes health risks to users, particularly to their mental health, with I consider that this bill is compatible with the Charter of users facing a greater likelihood of suffering from depression, Human Rights and Responsibilities Act 2006. psychosis or anxiety. Hon. Mary Wooldridge, MP In the bill, members of the police force are given enforcement Minister for Mental Health powers to seize and retain a cannabis water pipe, a bong component or a bong kit that is displayed or is for sale or is Second reading supplied in contravention of the act. A cannabis water pipe, or a bong component or a bong kit may be forfeited to the Ms WOOLDRIDGE (Minister for Mental Crown and destroyed in certain defined circumstances. Health) — I move: Human rights issues That this bill be now read a second time. 1. Human rights protected by the charter act that are relevant to the bill The Baillieu government is committed to protecting the health and wellbeing of all Victorians. Before the Section 15: freedom of expression election of the coalition government by the Victorian Section 15 of the charter act recognises the right of freedom people last year a pledge was made to prohibit retailers of expression which includes the freedom to seek, receive and from displaying and selling bongs, bong components impart information. Section 15(3) qualifies this right by and bong kits. This bill delivers on that commitment. providing that this right may be subject to lawful restrictions for the protection of national security, public order, public It has long been a contradiction in policy that cannabis health or public morality. is an illicit substance in Victoria and yet one of the
DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT (PROHIBITION OF DISPLAY AND SALE OF CANNABIS WATER PIPES) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2975 commonly used mechanisms for consuming cannabis The bill amends the Drugs, Poisons and Controlled has been widely available for purchase. Substances Act 1981.
Thirty per cent of Victorians aged 14 years and over The amendments to this act will commence on reported use of cannabis at some stage in their lifetime, 1 January 2012. making cannabis the most widely used illicit drug in Victoria. Definitions
Recent cannabis use is highest in young people aged The amendments to the act focus on cannabis water 14–24 years and those aged 25–34 years. pipes, commonly known as bongs, and hookahs. The bill bans the sale of bongs and bong components, which This is particularly concerning when research has also are individual parts that can be used to create a bong. identified that an estimated one in every three regular cannabis users may develop a drug addiction. Bong kits will also be prohibited from sale and display. By banning the display and sale of bongs, bong The health risks of cannabis use are well known. components and bong kits a consistent response is In 2010 ambulance attendances in metropolitan being adopted with regards to the availability of drug Melbourne relating to cannabis increased by 9 per cent paraphernalia. Ice pipes and cocaine kits, both from 2009, with 887 attendances. apparatus used to consume illicit drugs, have already been banned from sale in Victoria. Cannabis-related hospital admissions also increased in that time and half of all Victorian drug-related arrests A hookah is differentiated from a bong generally by its were for cannabis use and possession, an increase on use, which is for the inhalation of a mixture of tobacco, the previous year. molasses, fruit and flavouring. However, hookahs are generally larger in size than bongs and often have more There are also increased risks to personal mental health than one hose and hose opening, as they are commonly from cannabis use, with research indicating that used for communal smoking with a number of cannabis use is associated with increased risk in the participants. development of mental illness. Offences Research published earlier this year finds that cannabis plays a causal role in the development of schizophrenia It will be an offence to display and sell bongs, bong and psychosis disorders in some substance users. The components and bong kits in retail outlets. A retail research paper titled Cannabis Use and Earlier Onset outlet for the purposes of this legislation includes of Psychosis outlined that stopping or reducing markets as well as shops. cannabis use could prevent psychosis in some people. Currently, bongs are widely available at a large number For young people there is a greater likelihood of of retail outlets across Victoria, with retailers displaying developing a mental health problem such as depression, shelves of bongs in their windows for sale throughout psychosis and anxiety if they initiate into cannabis use the city and our suburbs. early in life and use at high levels. Adolescence is already known as a period of high risk for the By making the display and sale of bongs illegal they development of mental illness, so it is therefore critical will be removed from the shelves of shops and out of to make every effort to restrict exposure to illicit drugs shop windows. Bongs will no longer be visible nor such as cannabis at this time. available as a retail item. This will stop the confusing message to young people that while it is okay to display It is also known that using a bong — or cannabis water and sell equipment used for smoking cannabis, it is pipe — is the most common method for consuming illegal to smoke cannabis. cannabis in regular cannabis users aged 12–17 years. This bill will restrict access to this method by banning Hookahs the sale of bongs through retail outlets. It is not the intention of this bill to restrict the sale of the Banning the sale of bongs will reinforce the message subset of water pipes such as hookahs and shishas that that it is illegal to smoke cannabis and further are used for smoking tobacco products. These pipes, discourage its use. often used by Arabic and Middle Eastern communities for cultural purposes, will be exempt from the ban, Attention is now drawn to the detailed provisions of the though there will be a limit on the number that can be bill. displayed for sale in retail outlets.
ELECTRONIC TRANSACTIONS (VICTORIA) AMENDMENT BILL 2011
2976 ASSEMBLY Wednesday, 31 August 2011
It will be an offence to display for sale more than three Assembly, is compatible with the human rights protected by hookahs in a retail outlet. the charter act. I base my opinion on the reasons outlined in this statement.
The decision to restrict the display of hookahs was Overview of bill made to limit the visibility of water pipes to the general public as a means of reducing the uptake of tobacco The main purpose of this bill is to: smoking and in response to the health risks associated make minor amendments to the existing Electronic with it. Transactions (Victoria) Act 2000 to update the electronic transactions regime to reflect internationally A number of representatives from Middle Eastern and recognised legal standards on electronic commerce; Arabic communities were consulted in the preparation align Victoria’s electronic transactions legislation with of this bill, particularly in relation to the limit on the the United Nations Convention on the Use of Electronic display of hookahs, and there was support for the Communications in International Contracts, adopted by restriction on the display of hookahs. the General Assembly in 2005; and
Enforcement modernise Victoria’s laws on electronic commerce to reflect internationally recognised legal standards, enhance cross-border online commerce and increase Victoria Police will enforce the amendments to this act certainty for international trade by electronic means and in line with their existing powers under the act in thereby encourage further growth of electronic relation to other drug paraphernalia. contracting in Victoria.
Communication Human rights issues 1. Human rights protected by the charter act that are A communication strategy has been developed to relevant to the bill provide information to retailers, consumers and the general public on the new offences. This will also be an The bill does not engage any of the rights under the charter opportunity to reinforce to young people, families and act. the broader community the facts about the harms that 2. Consideration of reasonable limitations — section 7(2) can be caused by smoking cannabis. As the bill does not engage any of the rights under the charter This bill delivers on an election commitment by the act, it is not necessary to consider the application of Baillieu government. The bill demonstrates the section 7(2) of the charter act. government’s clear commitment to preventing drug Conclusion uptake and abuse and sending clear messages to the community that illicit drug use is harmful to health and I consider that the bill is compatible with the Charter of wellbeing and will not be supported by the government. Human Rights and Responsibilities Act 2006 because it does not raise any human rights issues.
I commend the bill to the house. Robert Clark, MP Attorney-General Debate adjourned on motion of Mr DONNELLAN (Narre Warren North). Second reading
Debate adjourned until Wednesday, 14 September. Mr CLARK (Attorney-General) — I move:
That this bill be now read a second time. ELECTRONIC TRANSACTIONS The purpose of the Electronic Transactions (Victoria) (VICTORIA) AMENDMENT BILL 2011 Amendment Bill 2011 (the bill) is to amend the existing Electronic Transactions (Victoria) Act 2000. The bill Statement of compatibility will augment the current electronic transactions regime Mr CLARK (Attorney-General) tabled following by acknowledging the use of automated message statement in accordance with Charter of Human systems in the formation of contracts and clarifying Rights and Responsibilities Act 2006: rules in relation to invitations to treat, the determination of a party’s location in an electronic environment, the In accordance with section 28 of the Charter of Human Rights time and place of dispatch and receipt of electronic and Responsibilities Act 2006 (charter act), I make this communications and electronic signatures. statement of compatibility with respect to the Electronic Furthermore, the bill supports the government’s Transactions (Victoria) Amendment Bill 2011. commitment to promote an efficient and facilitative In my opinion, the Electronic Transactions (Victoria) business environment. Amendment Bill 2011, as introduced to the Legislative
ELECTRONIC TRANSACTIONS (VICTORIA) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2977
The current act is based on the Model Law on activities and promote economic development both Electronic Commerce 1996, which was developed by domestically and internationally. the United Nations Commission on International Trade Law. The model law provides a set of internationally In 2008 SCAG agreed to the development of a public accepted rules to remove legal obstacles to provide a consultation paper on the Australian government’s more secure environment for electronic commerce. In proposal to accede to the convention. The paper order to achieve national uniformity, the contained an article-by-article analysis of the commonwealth, states and territories all passed similar convention, the differences between the convention and electronic transactions acts. Australian law and proposed amendments to the current regime. Nine submissions were received and all were The current act acknowledges that the ability to transact positive and supported Australia’s accession to the business electronically is an essential aspect of convention. Subsequently, in 2009 SCAG agreed to the contemporary business practice. The current act enables drafting of a model bill to implement obligations under business, the community and government to deal with the convention. At the May 2010 SCAG meeting, each other via electronic means by providing that ministers committed to update their uniform electronic transactions taking place under a law of the jurisdiction transactions legislation by adopting a model bill will not be invalid simply because they are completed prepared and endorsed by parliamentary counsel’s electronically, and enables contractual dealings, such as committee. offers, acceptances and invitations, to be conducted electronically. Furthermore, the current act provides for Implementation of the convention does not require functional equivalence, meaning that transactions significant changes to the current electronic transactions conducted in an electronic environment should not be legislation. The amendments are machinery in nature treated any differently by law than those conducted and a careful assessment has been undertaken to ensure using traditional media. It also provides for that their effects do not unduly disturb settled contract non-repudiation (which prevents parties from denying law or domestic practice since the enactment of the act. that they sent or received particular information), as The amendments will have a low impact on business well as providing clarity that the conduct of electronic and the business community while modernising transactions requires the prior consent of parties. Australia’s laws on electronic commerce to reflect internationally recognised legal standards and increase The United Nations Convention on the Use of certainty for international trade. In those areas Electronic Communications in International Contracts overlapping with the model law, the convention 2005 was adopted by the United Nations General introduces some refinements in the approach since the Assembly on 23 November 2005 and updates the model law was finalised. model law in light of further knowledge and developments in electronic commerce and a more The bill aligns Victoria’s electronic transactions progressed understanding about the use of the internet legislation with the convention and in particular in electronic communications. The convention builds enhances the legal certainty and commercial on the model law with the purpose of facilitating predictability of international electronic transactions. international trade by offering practical solutions for issues arising out of the use of electronic I now turn to the key elements of this bill. communications in the formation or performance of Clause 4 of the bill introduces some new definitions, contracts between parties located in different countries, including for ‘automated message system’, ‘originator’ to enhance legal certainty and commercial and ‘addressee’. Clause 4 also expands the existing predictability. The convention does not otherwise definition of ‘place of business’ so that it refers not only purport to vary or create contract law. to the place of business of a government, government In 2007 the Standing Committee of Attorneys-General authority or non-profit body, but also to the place of (SCAG) agreed to consider updating the model business of an individual. In doing so, the bill clarifies commonwealth, state and territory electronic how the place of business of the parties to a transaction transactions legislation in light of the proposal to can be ascertained and assists parties to determine the accede to the convention. In order for Australia to jurisdiction in which the contract was formed. accede to the convention, amendments are required to Clause 8 of the bill amends the electronic signature be made to the commonwealth, state and territory provisions to refine default rules for determining electronic transactions legislation. Accession to the whether the method used for an electronic signature is convention will improve the efficiency of commercial reliable by providing that an electronic signature must be capable of identifying the signatory and indicating
EXTRACTIVE INDUSTRIES (LYSTERFIELD) AMENDMENT BILL 2011
2978 ASSEMBLY Wednesday, 31 August 2011 the signatory’s intention for the information contained EXTRACTIVE INDUSTRIES in the electronic communication. (LYSTERFIELD) AMENDMENT BILL 2011
Clause 10 of the bill revises default rules to determine Statement of compatibility the time and place of dispatch and receipt of any electronic communication that apply in the absence of Mr O’BRIEN (Minister for Energy and Resources) any alternative agreement on such matters. For tabled following statement in accordance with example, the revised default rule for the ‘time of Charter of Human Rights and Responsibilities Act dispatch’ provides that the time of dispatch is the time 2006: when the electronic communication leaves an information system under the control of the originator In accordance with section 28 of the Charter of Human Rights or the party who sent it on behalf of the originator. and Responsibilities Act 2006 (charter act), I make this Similarly, the revised default rule for the ‘time of statement of compatibility with respect to the Extractive receipt’ provides that the time of receipt of the Industries (Lysterfield) Amendment Bill 2011. electronic communication is the time when the In my opinion, the Extractive Industries (Lysterfield) electronic communication ‘becomes capable of being Amendment Bill 2011, as introduced to the Legislative retrieved’ by the addressee at his or her designated Assembly, is compatible with the human rights protected by electronic address. the charter act. I base my opinion on the reasons outlined in this statement.
The bill also introduces a new part 2A into the act to Overview of bill preserve the principle that contracting parties should be free to agree on matters affecting the formation and This bill amends the Extractive Industries (Lysterfield) Act performance of a contract between them. Part 2A 1986. That act ratifies an agreement between the state and includes a proposal to form a contract that is not Boral Resources (Vic) Pty Ltd (the agreement), in which the state grants an extractive industry lease and an extractive addressed to a specific party (or parties) is to be industry licence to Boral Resources (Vic) Pty Ltd on terms set considered as an ‘invitation to make offers’, unless out in the agreement. there is a clear indication by the trader of an intention to be bound. Furthermore, part 2A confirms that the use of The purpose of this bill is to give legislative effect to an automated message system for contract formation amendments to special conditions attached to the extractive industry licence, which have been agreed to by Boral does not itself preclude valid contract formation in the Resources (Vic) Pty Ltd and the Department of Primary absence of human intervention on behalf of one, or all, Industries, the Department of Sustainability and Environment, parties to a contract. Part 2A also provides a level of Parks Victoria and Knox City Council. protection for consumers by enabling a person who makes an input error, which has been dealt with by an Human rights issues automated message system, to withdraw the portion of This bill does not raise any human rights issues. Boral the electronic communication in certain circumstances, Resources (Vic) Pty Ltd does not have human rights because while at the same time ensuring that the right of it is a private corporation, and only persons have human rights withdrawal of a portion of an electronic communication (section 6(1) of the charter act). In my view, the bill also does does not, in itself, confer a right to rescind or otherwise not affect any other person’s existing rights. terminate a contract. Conclusion
The bill aims to modernise Victoria’s laws on I consider that the bill is compatible with the charter act electronic commerce to reflect internationally because it does not raise a human rights issue. recognised legal standards, enhance cross-border online Michael O’Brien, MP commerce, confirm Australia’s commitment to Minister for Energy and Resources facilitating electronic communications in international trade transactions as reflected in free trade agreements Second reading and increase certainty for international trade by electronic means and thereby encourage further growth Mr O’BRIEN (Minister for Energy and of electronic contracting in Victoria. Resources) — I move:
I commend the bill to the house. That this bill be now read a second time.
Debate adjourned on motion of Mr HOLDING The government is committed to making the best use of (Lyndhurst). Victoria’s resources in a way that is compatible with the economic, social and environmental objectives of Debate adjourned until Wednesday, 14 September. the state.
EXTRACTIVE INDUSTRIES (LYSTERFIELD) AMENDMENT BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2979
This bill will further that commitment. It will amend the standard if the relevant Australian standard should Extractive Industries (Lysterfield) Act 1986 which is an change. act that gives the force of law to an agreement between the state and Boral Resources (Vic) Pty Ltd (Boral) The bill will also formalise the current operating hours with regard to a stone quarry in Lysterfield. The of the quarry. Boral has been operating under these amendments improve the environmental performance hours since 2006, after having made an annual application which was approved by both the of the quarry while also improving the commerciality Department of Primary Industries and the Knox City of the operation. Council (the local municipal council). This amendment The bill referentially amends the special conditions as will reduce administrative burden on the state, Knox set out in schedule B to the extractive industry licence City Council and on Boral. attached to the Extractive Industries (Lysterfield) Act Amendments will also be made to the special 1986. These amendments have been made after conditions in order to make all of the conditions extensive consultation between Boral and Parks consistent with the new plans. A constraint on pit depth Victoria, Knox City Council, the departments of that is inconsistent with new development plans is primary industries and sustainability and environment, removed, and a mechanism to control the maximum and the local community. Such consultation has meant water level in the lake is inserted. that all of these parties have agreed on a new approved working proposal that outlines how the quarry will be The bill also amends the timing of reclamation so that developed into the future. reclamation commences within two years of the terminal faces being reached at the surface of the The amendments within the bill give effect to the new proposed lake. This replaces a clause which did not approved working plan and approved working logically address the timing of reclamation and could proposal. The new plan creates a smaller quarry have resulted in double handling of overburden under footprint than the current design. It also retains the new working plan. approximately 10 hectares of dense native forest and creates one rather than two lakes at quarry closure. The The bill will make changes to the species of native trees of local provenance that are required to be planted as new plan will also result in the centre of the quarry part of the quarry site’s rehabilitation. The changes to operations being moved further from residential areas the future vegetation mix are based on the results of a to the north of operations and reduce the quarry’s visual flora and fauna survey completed by Ecology Australia impact. Finally, the new plan produces approximately in 2005. 8 hectares of flat land suitable for public use that is not provided by the current design. Amendments will also be made to the degree of water reticulation required to be installed when these native In addition to these improvements, the bill will also trees are planted to optimise survival. The requirement amend the referral requirements that the minister for reticulation is amended to be based on need, rather responsible for the Extractive Industries (Lysterfield) than made compulsory. Act 1986 will have to follow before approving any further variations to the approved plan. The minister Finally, the bill adds a clause requiring more detail now has to make appropriate referral to all relevant about a preclosure plan from the licensee to be provided agencies, which include Parks Victoria, the Knox City to both the departments of primary industries and Council and the departments of primary industries and sustainability and environment before 2030. The sustainability and environment. licensee has to consult with these departments with respect to a water management plan and a schedule The bill amends when a new working plan should be regarding the remaining rehabilitation. submitted by Boral. Rather than being required annually, a new working plan shall only be required The timing of this submission is to allow time for the when requested by the minister. This makes the departments to review the suitability of the landscape proposal and for preparation of an alternative plan if Extractive Industries (Lysterfield) Act 1986 compatible necessary. with all modern work authority conditions. I commend the bill to the house. The standard to which any new fencing on the licence area must be constructed will also be amended. This Debate adjourned on motion of Mr HOLDING amendment will ensure that fencing complies with the (Lyndhurst). relevant Australian standard or any updated relevant Debate adjourned until Wednesday, 14 September.
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
2980 ASSEMBLY Wednesday, 31 August 2011
GAMBLING REGULATION AMENDMENT protect the specified rights and freedoms of persons. A ‘person’ is defined as a ‘human being’ under section 3 of the (LICENSING) BILL 2011 charter act. Consequently the charter act does not apply to a corporation. Under the act, holders of a venue operators Statement of compatibility licence, gaming operators licence, or the monitoring licence (including any applicant for those licences) must be bodies Mr O’BRIEN (Minister for Gaming) tabled corporate. Provisions in the bill that apply to venue operators, following statement in accordance with Charter of gaming operators and the monitoring licensee will not engage Human Rights and Responsibilities Act 2006: the charter act.
In accordance with section 28 of the Charter of Human Rights 1. Human rights protected by the charter act that are and Responsibilities Act 2006 (charter act), I make this relevant to the bill statement of compatibility with respect to the Gambling Regulation Amendment (Licensing) Bill 2011. The bill engages the following rights under the charter act:
In my opinion, the Gambling Regulation Amendment (i) freedom from forced work (section 11); (Licensing) Bill 2011 as introduced to the Legislative Assembly is compatible with the human rights protected by (ii) right to privacy and reputation (section 13); the charter act. I base my opinion on the reasons outlined in this statement. (iii) freedom of expression (section 15);
Overview of bill (iv) property rights (section 20);
The bill contains a number of measures to ensure a smooth (v) right to a fair hearing (section 24); and transition into the new licensing arrangements for the Victorian gambling industry post 2012. Under the new (vi) right to a presumption of innocence (section 25). arrangements: I now consider these rights, together with the provisions of (i) holders of a venue operators licence bid directly for the bill that engage these rights. 10-year gaming machine entitlements which, from 16 August 2012, will authorise venues to possess 1. Section 11 — Freedom from forced work and operate gaming machines; Section 11(2) of the charter act provides: (ii) a new monitoring licence for the monitoring of gaming machines will be issued for a period of (2) A person must not be made to perform forced or 15 years; compulsory labour. (iii) a single 10-year keno licence has been issued; and Under section 11(3)(c) of the charter act, ‘forced or (iv) a single stand-alone 12-year wagering and betting compulsory labour’ does not include work or service that licence has been offered. forms part of normal civil obligations.
The bill implements the government’s pre-election The Human Rights Committee of the United Nations (HRC) commitment to ban lobbyists from the gambling licensing has considered the meaning of ‘normal civil obligations’ in processes. It also contains measures to: the context of article 8 of the International Covenant on Civil and Political Rights (ICCPR). The HRC has expressed the (i) identify the monitoring legacy system for the view that to qualify as a normal civil obligation, the labour in purpose of transitioning into the new monitoring question must, at a minimum, not be an exceptional measure; arrangements; must not possess a punitive purpose or effect; and must be provided for by law in order to serve a legitimate purpose (ii) reduce the regulatory burden on public lottery under the ICCPR (see Faure v. Australia (2005)). licensees by removing the supervision requirements for lotteries drawn by a random Clause engaging section 11 number generator; Clause 32 inserts new section 3.8.10, which provides that the (iii) better protect the integrity of the racing industry by minister or an authorised person may make a reasonable enabling the Victorian Commission for Gambling direction to a specified person to provide assistance to the Regulation (the commission) to suspend the minister or authorised person to effectively exercise a power registration of a bookmaker or bookmaker’s key under new section 3.8.8. These directions may include a employee pending the outcome of criminal direction to the person to find and gain or arrange access to proceedings; and specific information. It is a defence to a charge of failing to provide the necessary assistance if the defendant does not (iv) make minor amendments to the Gambling know how to, or is not able to, provide the assistance required Regulation Act 2003 (the act) to improve the under the direction. A defendant is not able to provide the operation of the act. assistance required under the direction if the defendant is unable to do so because of his or her terms and conditions of Human rights issues employment or engagement.
The bill has been assessed against the charter act and engages This provision engages the freedom from forced work specific rights provided in that act. The charter act applies to because it requires a person to perform work for the state.
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2981
However, the limitation is in the course of the specified minister reasonably believes is a legacy system person’s normal civil obligations and would thus not limit the owner must give the minister or an authorised right under section 11 of the charter act. This is because the person and their assistants access to the business power is in relation to a task which would ordinarily be premises occupied by that person and, if that performed by the person related to his or her employment. person is a gaming operator, every associate of that The provision’s purpose is to facilitate the exercise of lawful operator who is not a legacy system owner. The powers. It is not punitive or exceptional. Therefore, the new section also provides for access to a legacy provision does not limit the freedom from forced work. monitoring system, other assets (including equipment and software) and documents. 2. Section 13 privacy and reputation (vi) Clause 32 inserts new section 3.8.8, which Section 13 of the charter act provides: provides that on serving an access notice, the minister or authorised person may do certain A person has the right — things, including searching the premises and inspecting or examining assets. (a) not to have his or her privacy, family home or correspondence unlawfully or arbitrarily interfered (vii) Clause 32 inserts new section 3.8.5, which with; and provides that the minister may direct a person who the minister reasonably believes owns a legacy (b) not to have his or her reputation unlawfully monitoring system (or part thereof) to provide any attacked. information or document (or class thereof) within the possession or control of the person which, in The secrecy of personal information lies at the heart of the the opinion of the minister, relates to the matters privacy right because of its relevance to the choices or specified in new section 3.8.5(1)(b). The minister circumstances of an individual’s personal life over which he may then disclose this information or documents to or she is responsible or autonomous. the commission, the monitoring licensee, monitoring services provider or any other person if Clauses engaging section 13 the minister is of the opinion it is in the public The bill contains the following provisions that require interest to do so. disclosure or scrutiny of information by the state: While the applicant for a venue operator’s licence, venue (i) Clause 9 will enable the commission to consider operators, monitoring licensee and pending applicants for the whether the applicant for a venue operator’s monitoring licence are all bodies corporate and thus not licence is of sound and stable financial background. protected by the charter act, these provisions could nevertheless engage the right under section 13 of the charter (ii) Clause 26 provides that the commission may act. This is because the information required by the state require a venue operator who submits a linked might relate to the financial or personal affairs of associates jackpot arrangement for approval to provide any (in the case of new sections 3.8.7 and 3.8.8) and persons additional information that the commission employed by or connected with applicants, pending considers necessary for that approval. applicants, venue operators or the monitoring licensee. In such cases, persons’ right to privacy and reputation will not (iii) Clause 28 provides that the commission may be interfered with, because accessing, obtaining, considering require the monitoring licensee to provide any and disclosing that information would be done pursuant to additional information or material that the lawful powers under the act. The obtaining, considering and commission considers necessary to decide whether disclosing of the information would also not be arbitrary to make an approval. because these powers may only be exercised in certain specific circumstances and for limited purposes. (iv) Clauses 30 and 31 provide that the minister may, subject to any conditions that the minister thinks 3. Section 15 — Freedom of expression fit, disclose any information to a pending applicant for monitoring licence, which was acquired by the Section 15(2) of the charter act provides: minister in response to the minister’s written direction. Under the current sections 3.7.6A and (1) Every person has the right to freedom of 3.7.6B of the act, the minister may give a direction expression which includes the freedom to seek, to the gaming operator or monitoring licensee receive and impart information and ideas of all (respectively) to provide any information or kinds, whether within or outside Victoria … document (or class of information or document) in (2) Special duties and responsibilities are attached to the possession and control of the gaming operator the right of freedom of expression and the right or monitoring licensee, and in the opinion of the may be subject to lawful restrictions reasonably minister relates to the kind of things that the necessary — monitoring licensee will be authorised to do under the monitoring licence and the minister considers is (a) to respect the rights and reputation of other relevant to an invitation or proposed invitation to persons; or apply for the monitoring licence. (b) for the protection of national security, public (v) Clause 32 inserts new section 3.8.7, which order, public health or public morality. provides that on being served a notice, a person the
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
2982 ASSEMBLY Wednesday, 31 August 2011
The right to freedom of expression is broad. It is not restricted are reasonably necessary to protect the rights and reputation to communicating one’s own views and ideas; nor is it limited of other persons or to protect the public order for the to freedom of political expression. The right at section 15(2) following reasons. includes the freedom from forced expression. Clause 38 engages the right to freedom of expression by Freedom of expression may be restricted where that compelling permit-holders to provide information to the restriction is lawful and reasonably necessary for the commission. The commission may specify in writing the protection of the public order. ‘Public order’ is not defined in kinds of changes for which the commission must be notified the charter, but may be understood as referring to the sum of under section 5.7.17 of the act. Failure to notify the rules which ensure the peaceful and effective functioning of commission of the specified changes may incur a penalty. society or part of society. The requirement that a restriction be ‘reasonably necessary’ requires consideration of whether the The compelling of information under clause 38 is authorised restriction is necessary for, and proportionate to, achieving by clear statutory power. The information that is required to their protective functions. be provided to the commission will be clearly stated and circumscribed in writing by the commission; it will be Clauses that engage section 15(2) prospective, known by the permit-holder to which it applies and be capable of compliance. The bill contains the following provisions that engage the freedom of expression: The compelling of information is reasonably necessary to protect the public order. The purpose of this provision is to (i) Clause 38 requires a permit-holder to notify the allow the commission to monitor and regulate associates of commission of a relevant change in its situation. permit-holders, in order to investigate their suitability for Under section 5.7.3 of the act, a permit-holder may participation in the gambling industry and thus ensure that the be a natural person. gambling industry is free from criminal influence. It is necessary for the commission to be aware of the persons who (ii) Clauses 47, 55, 59 and 66 prohibit lobbying with are associates in order to achieve this purpose. It is also respect to the application process for the proportionate to this purpose because requiring the monitoring licence, wagering and betting licence, permit-holder to provide that information is the least intrusive lotteries licence and the keno licence, respectively. mechanism by which the necessary information can be Clauses 49, 57, 61 and 68 prohibit lobbying with obtained. respect to the amendment process for the monitoring licence, wagering and betting licence, Clause 38 is therefore a lawful restriction on the freedom of lotteries licence and keno licence, respectively. expression reasonably necessary for the protection of the These provisions will collectively be referred to as public order and is thus compatible with section 15 of the the ‘lobbying provisions’. charter act.
(iii) Clause 32 inserts new section 3.8.9, which The lobbying provisions engage the right to freedom of provides that the minister, by written notice, may expression by prohibiting professional lobbyists from require a specified person to attend before the undertaking lobbying activities with respect to the licensing minister and answer questions about the legacy award or amendment process. A ‘lobbyist’ is defined to mean monitoring system or specified monitoring a person or organisation who carries out lobbying activities on information. New section 3.8.9(4) defines who are behalf of a third party client or whose employees conduct specified persons for the purposes of that section. lobbying activities on behalf of a third party client. A ‘lobbying activity’ means contact with a government (iv) New section 3.8.5 provides that the minister may representative for the purpose of influencing a decision or direct a person who the minister reasonably thing to be done by the minister or secretary under a licence believes owns a legacy monitoring system (or part award or amendment process. thereof) to provide any information or document (or class thereof) within the possession or control The limitation on freedom of expression is a lawful restriction of the person which, in the opinion of the minister, that is reasonably necessary for the protection of public order. relates to the matters specified in new It will be authorised by clear statutory powers under the act. section 3.8.5(1)(b). The contact which is prohibited and the purposes for which the contact are made are clearly circumscribed in legislation, (v) Clause 32 inserts new section 3.8.11, which are prospective in operation and capable of compliance. provides that a person must not assault, obstruct, hinder, threaten, abuse, insult or intimidate the The limitation is reasonably necessary for the protection of minister or an authorised person when the minister public order. The purpose of the limitation is to protect the or authorised person is exercising or attempting to integrity of the gambling licensing process. The provisions exercise a power. aim to ensure that decisions made with respect to the licensing of gambling activities are transparent and free from (vi) Clause 50 provides that the secretary may, by undue influence. This is necessary to protect the public order notice in writing, require a person who the because the award of gambling licences is an essential secretary considers may become an associate of an component of Victoria’s gambling industry. The gambling applicant for the monitoring licence, to provide industry in Victoria provides significant employment for certain information. Victorians, it raises substantial revenue for government and funds community assets, as well as sporting activities and These provisions do not limit the freedom of expression in social and welfare organisations in Victoria. section 15(2) of the charter act. The provisions are lawful and
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2983
The restrictions are proportionate to ensuring the integrity of may become associates of the applicant will be subject to the the licensing process and thus protecting the public order requirement under clause 50: ‘associate’ is specifically because they are limited to a specified class of contact with defined at section 1.4 of the act and so the class of persons government representatives. The provisions prohibit only the who would be subject to clause 50 can be objectively types of contact which may adversely affect the integrity of ascertainable. the licensing process. For these reasons, new sections 3.8.5, 3.8.9 and clause 50 do The consequences of breaching the prohibition on lobbying is not limit a person’s freedom of expression. also proportionate to the objective of ensuring the integrity of the licensing process. Where a lobbyist undertakes prohibited New section 3.8.11 is a lawful restriction that is reasonably lobbying activities on behalf of a third party client, the necessary to respect the rights and reputation of the minister minister may refuse to grant or amend the licence. Other and authorised persons and complies with section 15(3)(a) of means of achieving this objective, such as through including a the charter act. The limitation is authorised by law and is criminal offence to lobby, may not be proportionate to this reasonably necessary to ensure that the minister or authorised objective and may thus not be ‘reasonably necessary’ for the person is able to exercise their powers under the act without purposes of section 15(3) of the charter act. hindrance. The assault, obstructions, hindrances, threats, abuse, insults or intimidation that is prohibited under this new For these reasons, the lobbying provisions do not limit the section would offend the minister’s or authorised persons’ freedom of expression under section 15(2) of the charter act. right to liberty and security of the person under section 21 of the charter act, as well as the right to privacy and reputation In the case of new sections 3.8.5, 3.8.9 and clause 50, these under section 13 of the charter act. It follows that new provisions engage the freedom of expression under section 3.8.11 is compatible with the freedom of expression section 15(2) of the charter act because they compel a person under section 15 of the charter act. to express information. However, they do not limit this freedom because they are lawful restrictions reasonably 4. Section 20 — right to property necessary for the protection of the public order. Section 20 of the charter act provides: They are lawful because they are authorised by clear legislative powers. They are also limited in scope to specific A person must not be deprived of his or her property matters; in the case of new sections 3.8.5 and 3.8.9, the legacy other than in accordance with law. monitoring system or specified monitoring system information. Both ‘legacy monitoring system’ and ‘specified The right to property in section 20 is broad and ‘property’ is monitoring system information’ have clear legislative not defined in the charter act. ‘Property’ would include a right definitions. They therefore do not permit questioning on, or or interest that is regarded as property under Victorian law. provision of, matters unrelated to the legacy monitoring Contractual or statutory rights may also be proprietary rights system or specific monitoring information. In the case of for the purposes of section 20 of the charter act. clause 50, the information is limited to that information specified in the notice and is relevant to the consideration of Clauses that engage section 20 the application. New section 3.8.8 gives the minister or authorised person These restrictions are reasonably necessary to protect the powers, including to: public order because the restriction facilitates a legitimate objective of identifying the monitoring legacy system and its (i) inspect, examine or test the legacy monitoring functions to enable the monitoring licensee to perform its system and other assets, equipment and software; statutory functions. Under the act, gaming machines cannot (ii) make copies or take extracts from documents; and operate in Victoria unless they are connected to an electronic monitoring system. The legacy monitoring system records all (iii) remove, or arrange the removal of, documents for gaming machine data and significant events in real time. It so long as the minister considers reasonably also reports on gaming revenue, enabling taxation payments necessary in order to copy the document or take to be calculated and verified by the commission. The extracts from the document. monitoring licensee will have the statutory function of performing these monitoring services from 16 August 2012. New section 3.8.8 may deprive the associates of their right to Identifying the monitoring legacy system and its functions use their property while the minister or authorised person facilitates the smooth and continued conduct of gaming in exercises his or her powers under new section 3.8.8. Victoria from 16 August 2012 as well as compliance with However, any deprivation of property in such circumstances statutory requirements. It therefore protects the public order. would be authorised by law and therefore would not limit the The restrictions are also reasonably necessary to protect the right to property under section 20 of the charter act. public order because clause 50 facilitates the secretary’s New section 3.8.5, which has been described above, may also performance of his or her functions with respect to the deprive a person of his or her information and documents and licensing process, which is required under the act. would thus engage section 20 of the charter act. However, as The restrictions are also proportionate to protecting the public with new section 3.8.8, any deprivation of property in such order because it is limited in scope. Only a limited class of circumstances would be authorised by law and therefore persons are ‘specified persons’ under new section 3.8.9. Only would not limit the right to property under section 20 of the certain classes of persons are subject to a direction under new charter act. section 3.8.5 and only then with respect to specific types of Clause 35 provides that the commission may suspend the information. Only those persons who the secretary considers registration of a bookmaker or bookmaker’s key employee
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
2984 ASSEMBLY Wednesday, 31 August 2011
where the bookmaker or bookmaker’s key employee has been defence if the defendant does not know how to, or is not able charged with a relevant criminal offence. A bookmaker may to, provide the assistance required under the direction. A be a natural person or a body corporate under defendant is not able to provide the assistance required under section 4.5A.2(1) of the act while a bookmaker’s key the direction if the defendant is unable to do so because of his employee must be a natural person under section 4.5A.3(1) of or her terms and conditions of employment or engagement. the act. Being registered as a bookmaker confers statutory New section 3.8.10 limits the presumption of innocence rights on a person and may thus be seen as property for the because it places the onus of proving certain matters on the purposes of section 20 of the charter act. defendant.
Clause 35 does not limit the right to property under section 20 2. Consideration of reasonable limitations — section 7(2) because any decision to suspend a registration would be in accordance with law and also subject to review. While new section 3.8.10(5) limits the presumption of innocence under section 25 of the charter act, I consider that 5. Section 24 — right to a fair hearing the limitation is demonstratively justified for the purposes of section 7 of the charter act, taking into account all relevant Section 24(1) of the charter act provides: factors, including:
(1) A person charged with a criminal offence or a party (a) the nature of the right; to a civil proceeding has the right to have the charge or proceeding decided by a competent, The presumption of innocence is not absolute. It may be independent and impartial court or tribunal after a subject to reasonable limitations. fair and public hearing. (b) the importance of the purpose of the limitation; The charter act does not define ‘tribunal’. In Kracke v. Mental Health Review Board & Ors (General) [2009] VCAT 646, The limitation serves the important purpose of enabling an Justice Bell held that the right to a fair hearing in section 24 of effective prosecution and thereby a sufficient mechanism to the charter act can include civil proceedings of an ensure compliance with a lawful direction to the person. It is administrative character (at [418]). necessary that persons directed to provide reasonable assistance comply with a direction to give full effect to the The commission exercises administrative powers in objectives of the provision. determining whether or not to suspend a bookmaker’s or key bookmaker’s employee registration. The commission is an (c) the nature and extent of the limitation; independent statutory authority constituted under the act. Clause 35 requires the commission to give notice in writing The limitation requires the defendant to prove that he or she before the suspension can take place. A bookmaker or does not know how to, or is not able to, provide the assistance bookmaker’s key employee whose registration has been required. Therefore, the defendant will possess knowledge of suspended may also seek review of a decision to suspend a the factual basis for establishing the defence and thus it would registration to the Victorian Civil and Administrative be impracticable to require the prosecution to bear the full Tribunal. burden of excluding the defence.
For these reasons, clause 35 is compatible with section 24(1) (d) the relationship between the limitation and its purpose; of the charter act. and
6. Section 25(1) — presumption of innocence The purpose of the limitation is to ensure compliance with a direction, while ensuring that a person who would not be able Section 25(1) of the charter act provides: to provide reasonable assistance is not subject to criminal penalties. The limitation is necessary and proportionate to (1) A person charged with a criminal offence has the achieve this purpose because the person is best placed to right to be presumed innocent until proved guilty know what was his or her knowledge, ability and according to law. employment requirements and thus establish the existence of the defence. Clause that engages the presumption of innocence (e) any less restrictive means reasonably available to Clause 35, described above, is compatible with section 25(1). achieve the purpose that the limitation seeks to achieve. That clause allows the commission to suspend a registration on the basis of a charge, without a formal finding of guilt first There are no other less restrictive means reasonably available being made. In Sabet v. Medical Practitioners Board of to establish the defence. For the reasons given above, it would Victoria [2008] VSC 346, Justice Hollingworth considered not be reasonable for the prosecution to establish the defence. that section 25(1) of the charter act would not apply to It is also of note that the direction must be reasonable under disciplinary proceedings in which no finding of guilt is made new section 3.8.10(4). (at [176]). Clause 35 does not require the commission to make a finding of guilt; nor does it prevent the commission Conclusion from having due regard to the presumption of innocence in making a decision to suspend registration. For these reasons, I consider that the bill is compatible with the charter act clause 35 does not engage the presumption of innocence. because it raises human rights issues but it does not limit human rights incompatibly with the charter act. The bill is New section 3.8.10 engages the presumption of innocence in compatible also because, while it reasonably limits the right to section 25(1) of the charter act. It provides that in a the presumption of innocence, that limitation is demonstrably prosecution for an offence against new subsection (4), it is a
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2985
justified in a free and democratic society for the purposes of The bill will send a clear message to interested parties section 7(2) of the charter act. who intend to engage a lobbyist to influence the Hon. Michael O’Brien outcome of a licensing decision, that such lobbying has Minister for Gaming no place in the licensing process.
Second reading I now turn to the main provisions of the bill.
Mr O’BRIEN (Minister for Gaming) — I move: The bill will allow a venue operator to sell or dispose of gaming equipment during the industry’s period of That this bill be now read a second time. preparatory action in the lead-up to August 2012. This The Victorian gambling industry will next year undergo will give greater flexibility to venue operators who have a significant change. a business need to possess or dispose of their gaming equipment during the transition period; for example, From 16 August 2012, there will be a new venue where they have transferred their gaming machine operator model for Victoria’s gaming industry. Venue entitlements due to their financial circumstances having operators will have direct control over their gaming changed prior to 2012. operations and will be more accountable to their communities. There will also be a new independent The bill will also introduce measures to strengthen the monitor to oversee the integrity of gaming machine regulatory ability of the Victorian Commission for transactions. Gambling Regulation with respect to linked jackpot arrangements and electronic monitoring systems. The Under the new arrangements, a 10-year keno licence bill contains procedures by which venue operators and a 12-year wagering and betting licence will come apply for the commission’s approval of linked jackpot into effect. arrangements or variations to those arrangements. Linked jackpots involve a pool of player funds and so it The dates on which these new industry arrangements is necessary that the commission is able to review and will commence are rapidly approaching. approve how the linked jackpot will be operated, even where changes are made to an existing approved linked Since taking office in November 2010, this government jackpot arrangement. has worked diligently to facilitate a smooth transition from the existing gambling licences arrangements to the Under the act gaming machines must be connected to new arrangements. The government recognises that it is the electronic monitoring system in order to operate. essential to ensure that the arrangements are put in place as soon as possible so that venues can consolidate The electronic monitoring system will enable the their plans and further prepare for the new industry monitoring licensee to conduct monitoring with respect structure. to gaming machines in Victoria. The bill enables the commission to test the electronic monitoring system to This bill is an essential component of establishing the determine whether or not to approve its use, as well as new gaming industry arrangements in the lead-up to in other circumstances, such as to ensure compliance 2012. The bill will further enhance and strengthen the with the act. legislative framework needed to support the transition of the Victorian gaming industry and to assist in Protecting the operational integrity of the monitoring providing more certainty to venue operators as they system is of significant importance to gaming. This bill prepare their businesses for gaming beyond August provides measures to protect the security of the 2012. It will make a number of technical amendments electronic monitoring system by prohibiting a person to provide for a more efficient and effective framework from interfering with the system. for regulation under the Gambling Regulation Act 2003. Currently each gaming operator is responsible for monitoring their own conduct of gaming to ensure that The bill will also deliver on the government’s election it is compliant with their obligations under the act. The commitment to ensure that Victoria’s licence awarding gaming operator’s monitoring systems — the legacy and amendment processes have the highest levels of system — record all gaming machine data and integrity and probity. This government made a significant events. The legacy system currently plays a commitment to legislate to expressly prohibit lobbying key role in the conduct of gaming. It is possible that it activities in respect of the process for the award or may play a role in the transition to the post-2012 amendment of any gambling or wagering licence. arrangements. It is therefore necessary that the state is aware of what comprises the legacy system as well as
GAMBLING REGULATION AMENDMENT (LICENSING) BILL 2011
2986 ASSEMBLY Wednesday, 31 August 2011 other information relevant to the legacy system, which amendment of any gambling or wagering licence. This will assist in facilitating transition into the new is consistent with the findings of the Gambling and monitoring arrangements. To that end, the bill enables Lotteries Licence Review Panel, chaired by Ron the minister to obtain information relevant to the legacy Merkel, QC, in its report of 9 October 2007 to the system. Minister for Gaming in relation to the public lottery licensing process. ‘Lobbyist’ and ‘lobbying activity’ are The bill also improves the operation of the Roll of defined in the bill. Manufacturers, Testers and Suppliers to ensure that it appropriately reflects the post-2012 gaming industry The consequences of not complying with the structure. prohibition are significant. If the minister is satisfied that an applicant for a licence has engaged a lobbyist to Only certain persons whose backgrounds have been carry on a lobbying activity, the minister can refuse to suitably checked can be listed on the roll and be grant the applicant the licence. The minister can also authorised to perform functions with respect to gaming refuse to consider an application to amend a licence if machines. the licence-holder has engaged a lobbyist to undertake lobbying activities for or on behalf of the The bill will amend and extend the provisions relating licence-holder. This provides a strong disincentive to to the roll to provide that: engage in lobbying activities that could compromise the persons who intend to supply gaming machines or integrity of the licensing process. restricted gaming components also have the clear Gambling licences are lucrative assets that the state authority to acquire them for the purposes of issues and manages on behalf of the people of Victoria. supplying them to venues; It is crucial that the gambling industry, investors and all new applicants for listing on the roll will apply to be Victorians can have confidence that gambling licences conferred the functions and powers available under in this state are issued and amended within a strict one or more of the three new roll divisions, making probity and integrity framework. the function of the roll more relevant to the applicant This particular amendment is necessary to ensure that and to the new regulatory environment; and the unacceptable conduct of the former government is the integrity and probity measures associated with never repeated. Reviewing the process to award the persons being listed on the roll are enhanced. lotteries licences, the Gambling and Lotteries Licence Review Panel found that the former government The bill makes a number of amendments to give greater provided certain lobbyists with inappropriate access to clarity and certainty to provisions related to the sensitive licensing documents. This conduct seriously monitoring licence. The act currently provides that the compromised the integrity and probity of the process monitoring licensee does not incur any liability for an and damaged confidence in the state to handle these act or omission in the provision of monitoring services matters appropriately. except for the liability that is set out in the commercial agreement entered into between the state and the This bill will remove the incentive for gambling licence licensee at the time of the issue of the licence. The bill applicants to hire third-party lobbyists in an attempt to will clarify the intended scope of the limitation of the improperly secure an advantage in a process that should monitoring licensee’s liability to ensure that the treat all applicants fairly. limitation only applies where the licensee’s acts or The bill enhances the integrity of the gambling industry omissions in the provision of monitoring services cause in other ways. It will implement the racing integrity a gaming machine not to operate. The bill will also commissioner’s recommendation that there be a power clarify the intended operation of the monitoring to suspend the registration of a bookmaker or a services provider provisions and the circumstances in bookmaker’s key employee where the bookmaker or which the monitoring licence can cease. bookmaker’s key employee has been charged with a It is essential that the legislative framework for the relevant criminal offence. If subsequently found guilty gambling industry fosters the highest standards of of a relevant offence, the bookmaker or bookmaker’s probity and integrity. key employee would be subject to disciplinary action by the commission, which can include cancellation of One of the ways in which this bill will assist in doing so their registration. is by banning professional lobbyists from engaging in lobbying activities with respect to the award or
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2987
The bill allows the commission to consider whether an TRANSPORT LEGISLATION applicant for a venue operator’s licence is of a sound AMENDMENT (PUBLIC TRANSPORT and stable financial background before making a SAFETY) BILL 2011 decision whether to grant a licence. It also removes the requirement for the commission to supervise lottery Second reading draws conducted by random number generator. Lotteries conducted by the drawing of balls will Debate resumed from earlier this day; motion of continue to be supervised. This measure reduces the Mr MULDER (Minister for Public Transport). regulatory burden on public lottery licensees while maintaining the integrity of the system. The Mr BURGESS (Hastings) — It is a pleasure to rise commission will continue to be able to approve and to speak on the Transport Legislation Amendment inspect the system. It can also require lottery draws (Public Transport Safety) Bill 2011. The objectives of conducted by random number generator to be the bill are to improve public transport safety and conducted in accordance with the procedures approved efficiency by modifying the rail, tram and bus safety by the commission. schemes; to reduce regulatory burden on transport operators; and to tighten the government’s scrutiny and In addition, the bill also enables the commission to oversight of the management of authorised officers refuse an application for a minor gaming permit on employed or engaged by passenger transport public interest grounds. companies. The bill aligns safety management requirements applying to all rail operators with national Recent media reports have raised the possibility of a provisions. It clarifies the application of rail safety raffle being conducted in Victoria that offers in-vitro duties during loading and unloading operations. It fertilisation treatment as a prize. The government allows registered operators of minibuses to continue to believes this type of prize is inappropriate and could use probationary licence drivers where it is currently encourage vulnerable people to gamble beyond their the case to avoid increasing the regulatory burden on means. minibus operators who provide services to disabled people and to other vulnerable people. It provides Encouraging people to gamble as a way to access greater flexibility in the scheduling of compulsory bus fertility treatment, or any other medical services, is not safety inspections to reduce the regulatory burden on consistent with responsible gambling principles and the bus industry. It introduces a dispute resolution raises a range of ethical issues. Under existing mechanism for where transport safety regulators have a legislation, the commission has no power to refuse such difference of opinion, where jurisdiction is shared and an application. where that difference of opinion cannot otherwise be resolved and adversely impacts on regulatory bodies, This bill will provide the commission with the means to and it clarifies the blood-alcohol level for rail safety refuse a minor gaming permit application where it work offences by correcting an incorrect definition. considers the proposed activity is offensive or contrary to the public interest and will help to ensure that Part of the bill is based on an examination by the irresponsible raffles or other minor gaming activities Ombudsman. Just looking at the summary of the cannot be conducted in Victoria. Ombudsman’s report, during 2008–09 there were 189 complaints about infringement notices issued to In summary, this bill further strengthens the legislative public transport users for offences such as failing to framework for transitioning into the new post-2012 travel with a valid ticket. Analysis of those complaints licensing arrangements and builds on the government’s showed that there was insufficient training of commitment to restore probity, integrity and authorised officers in the use of discretion when issuing responsibility to the forefront of gambling regulation in infringement notices. It also showed that the Victoria. department’s processing of authorised officer reports I commend the bill to the house. was not rigorous enough and that it was not a transparent process. Also, commuters who requested an Debate adjourned on motion of Mr HOLDING internal review often did not receive a response. (Lyndhurst). The primary role of the infringement system and its Debate adjourned until Wednesday, 14 September. authorised officers is to discourage fare evasion and to protect the revenue derived from ticket sales. To enable authorised officers to fulfil this role they must be authorised by the secretary of the department. There are
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2988 ASSEMBLY Wednesday, 31 August 2011 currently — or there were — around 545 authorised sort of popularity poll, or rewarding people who voted officers employed by transport operators. Those for the government. Rather than addressing safety, the officers were variously referred to as ‘ticket inspectors’, government is rewarding people for the way they voted. ‘inspectors’, ‘revenue protection officers’ or ‘customer service employees’. It is worth considering the value of This government also seems obsessed with protective these services to the state of Victoria. In 2009–10 the services officers (PSOs). Tragically, a young woman department issued 171 835 ticket infringements. A total was killed at Roxburgh Park earlier this week crossing of $638.4 million was generated in revenue from ticket the railway tracks to go to a toilet. I wonder if this is a sales, but $15.6 million was generated from position that the PSOs are going to be put in. There are infringements or statutory fines. With a minimum fine no toilets at stations. Are the PSOs going to cross of $176 for adult offenders, there were some questions railway tracks to go behind a bush? I am wondering if about the comparison between the fine and the money that is a way the government is going to address rail that had been avoided being spent on tickets. There safety. What we are concerned about is that this were certainly some severe criticisms of the process government continues to push through a public that was undertaken at the time. transport policy when the government actually promised during the election campaign that such a The bill we are examining tonight looks to address policy would be developed by a Victorian public some of these shortcomings, including the difficulties transport development authority. We again see the with authorising officers, and addresses them in several dithering of this government in delaying setting up such ways. It has introduced measures aimed at tightening an authority. the government scrutiny and oversight of passenger transport companies’ management of authorised I understand that the Minister for Public Transport was officers. The measures taken have varied during a one of those who, for reasons unknown to me, had period in which passenger transport companies such as some trouble appointing staff. Apparently some of his Metro Trains Melbourne and Yarra Trams have staff choices were vetoed, so things did not actually get reported adverse incidents. The time in which adverse up and running as quickly as they should have. This incidents had to be reported was reduced from 14 days may be the reason that the government is dithering on to 48 hours, and this created a great deal of difficulty in this development authority. We see a government that the prosecution of several of those offences. The bill so far has a poor record on safety because, as I said, it looks to address those issues, and it has put in place the has focused on political priorities rather than safety things that need to be considered in moving forward in priorities. that area. I commend the bill to the house. The Minister for Public Transport also refused to get Ms BEATTIE (Yuroke) — Labor does not oppose the government involved in attempts by Metro Trains this bill. Indeed, how could you oppose the Transport Melbourne to allow trains to operate with minor Safety Amendment (Public Transport Safety) Bill defects; in other words, there is a blatant attempt to cut 2011? But Labor actually supports real attempts to costs by risking the lives of passengers. This should not improve public safety. Labor passed the Rail Safety Act go on; governments should not meddle in those sorts of 2006, and we are supportive of real attempts to improve things. So how can we trust this government to properly public transport safety. manage public transport safety? Coalition members had a plan when they were in opposition; they said they We on this side of the house invested in a report to find would do something. Yet here we are nine months later out which were Victoria’s very worst level crossings. and nothing has been done. We invested money in systematically addressing those problems and dealing with the very worst level We have what was described by the member for crossings first. You will recall the blatant, public and Mordialloc as a modest bill, and it is modest indeed. It dishonest way in which the government dealt with that is modest in its wording and in its attempt to actually report after the election campaign. There were fix public transport safety. I admit the bill does do a approximately 230-odd stations identified before the couple of things. It corrects the long-term error relating Brighton rail crossing, and yet the Brighton rail to the allowable blood alcohol level for rail safety crossing was given precedence in the budget over those workers. It also alters the time limit involving the others. That is a disgraceful thing, because what it reporting of incidents by authorised officers. It does means is that 230-odd more dangerous level crossings those things. are not being attended to. We see blatant political interference in safety — not addressing real safety An honourable member interjected. concerns but instead political meddling based on some
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2989
Ms BEATTIE — I know I should not respond to I turn to the structure of the bill. Multiple purposes can interjections, but I think the member said something be identified in clause 1, and I would like to run about the Frankston line. Many members have talked through them. The purpose of the bill is to amend the about the Frankston line. Indeed the members for Transport Integration Act 2010 to provide a mechanism Mordialloc and Frankston talked about action on the for the resolution of conflicts arising from the exercise Frankston line between Mordialloc and Frankston. by the director, transport safety, and a road authority of There has been a lot of action on the line between their respective statutory functions. Mordialloc and Frankston. We see all sorts of things happening on that Mordialloc and Frankston line, and The bill will promote public transport safety by let us hope everything is safe down that way. amending the Transport (Compliance and Miscellaneous) Act 1983 and the Rail Safety Act 2006. I know there are many others who want to speak on this It will provide for a shorter period in which incidents bill. I commend the bill to the house, and I hope the involving authorised officers are to be reported by increased action that is going on between Mordialloc passenger transport companies. It will establish an and Frankston spreads right across the state. Let us improved notice scheme for the management of hope that timetables are improved — — authorised officers by passenger transport companies; require the accreditation of drivers of commercial Honourable members interjecting. minibus services; require that the loading and unloading of goods or freight onto or from rolling stock be carried Ms BEATTIE — I hear more interjections coming out safely; and enable the minister to enter into an from up the back, but I shall not take notice of them. agreement with a minister of another jurisdiction for the Labor does support rail safety. But we support rail exercise of reciprocal powers of rail safety officers of safety when it is done for safety’s sake, not when it is each jurisdiction. done for crude, political point scoring, as happened on the Brighton line. There were 230 level crossings above Another aspect of the bill will limit the regulatory it on a priority list and it gets promoted up to no. 1. burden on transport operators by amending the Rail Numero uno in Brighton; let us see how that goes. The Safety Act 2006 and the Bus Safety Act 2009 to government’s record on safety is poor and we will call provide that the requirement to prepare and maintain a this government to account on public transport safety. safety management system applies only to accredited rail operators. It will permit the operators of community Mr ANGUS (Forest Hill) — I rise today to speak in and private bus services to use drivers who hold a support of the Transport Legislation Amendment probationary driver’s licence, provide greater flexibility (Public Transport Safety) Bill 2011. Looking at the in the scheduling of compulsory bus safety inspections overall objectives of this particular bill, we can see it and give the director, transport safety, greater discretion basically has a three-part objective. The first of those is in determining whether or not a person is suitable to be to improve public transport safety and efficiency by accredited as a bus operator. The final part of clause 1 modifying the rail, tram and bus safety schemes; the is to make other minor amendments to the following second aspect is to reduce the regulatory burden on acts to improve their operation: firstly, the Transport transport operators; and the third aspect is to tighten (Compliance and Miscellaneous) Act 1983; secondly, government scrutiny and oversight of management of the Bus Safety Act 2009; and thirdly, the Bus Services authorised officers employed or engaged by passenger Act 1995. transport companies. We can see that this bill has clear objectives. As I said, Right from the outset you can see that we are putting it reflects the new government’s approach to governing out one of our signature attributes on this piece of in this great state of ours. As other members have legislation by improving safety and efficiency. That is commented, the previous government left a very sorry one of the things that this new government has taken tale of mismanagement in a whole range of areas but very seriously in all areas of its operation. It has taken particularly in the public transport area. I have only a up the issue of safety not only for commuters but also short time for my contribution, but I want to cite a for members of the public in general. We are also couple of examples of that. looking at the whole area of efficiency. We are keen to ensure that continuing efficiencies are found in a wide First and foremost is the whole issue of the myki range of areas, because I can assure the house that there ticketing system. The previous government spent over is plenty to be found. $1 billion with no outcome and then continued to put good money after bad, so to speak, for such a long time without addressing what is a fairly fundamental
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
2990 ASSEMBLY Wednesday, 31 August 2011 contractual issue. It is absolutely a stand-out example of fact. We have increased services, and we are fixing up the mismanagement of the previous government that it the infrastructure — not only those things I have would allow that to go on. mentioned, which certainly needed to be addressed, but also other infrastructure opportunities. We are There is a whole range of other examples. I refer progressing with those and seeking to continue to particularly to one of the new train lines that was being improve the system in a range of locations and aspects developed and the fact there was a lack of power throughout the state. As another speaker mentioned, we infrastructure. How on earth could you build a new line are also dealing with the whole issue of security and and then not have the power present to be able to run safety on the rail network. Others have mentioned the vehicles on it? It is an extraordinary oversight which introduction of the protective services officers; what a reflects the sorry tale of the previous government in this terrific initiative that is. People in my electorate who state. travel on the trains from various stations to the city and so forth and then to come home have mentioned to me I look at the lack of budget allocation for signals. You what a pleasing initiative that is and that they and their would think having some signalling was a pretty basic family members will be able to travel back from the requirement and prerequisite on a new railway line, for city, particularly after hours, and know there will be the basic reasons of running it efficiently and safely, yet PSOs ready to take charge of any adverse behaviour on the previous government could not even get that right. those stations and to look after the fare-paying It is such a basic aspect of establishing a new rail line. I passengers on those services. can think of other examples. There was the lack of ballast under the tracks in the northern part of the state They are just one or two of the range of initiatives we which caused the tracks to subside. That is again a have come up with, along with this particular bill, that fundamental and basic infrastructure matter that was we will ensure we deliver to make sure that our election overlooked and never dealt with properly by the commitments are met. I strongly support this bill and previous regime. commend it to the house.
We now have to go out and clean up messes all over the Mr FOLEY (Albert Park) — I rise to make a brief place, and I am pleased to advise that that is what we contribution to the debate on the Transport Legislation are doing. This piece of legislation goes some way to Amendment (Public Transport Safety) Bill 2011. I do addressing a number of those matters. I can think of a so reiterating the opposition’s position that we do not whole range of other examples. There was the general oppose this legislation. We note that this is no doubt lack of reliability of the public transport system, necessary and not unimportant legislation, but it is particularly the train lines, under the previous regime, hardly the riveting stuff that this government promised. with the lateness and the poor-quality condition of the It is hardly the riveting, front-page material that the trains and the lack of reliability generally. As other government promised in its root-and-branch contributors on this side have noted in the debate today, reorganising of public transport. the statistics are already showing significant improvements in reliability, punctuality, cleanliness and This is a fairly pedestrian and unimpressive first all those other matters, which is pleasing. We have contribution from the Minister for Public Transport in taken it seriously right from the start. We are setting in this place. As I say, it is not unimportant, but given the place infrastructure improvements that will deal with rhetorical position of the government in the run-up to these matters that the previous regime had got used to the last election and the subsequent position it has and had not been able to consider as a problem or sought to spin out there in the broader community, this address. is hardly the stuff to write home about.
This bill is part of the fix-up measure to improve these What this public transport safety bill does is not areas, because we are not going to stand for the sort of unimportant. It aligns safety management requirements; nonsense that has gone on in this place for such a long it clarifies rail safety duties in loading and unloading time. We are determined. We will be delivering on our operations, which I am sure is very important; and it initiatives and on our promises, and we will be ensures that Victoria enters into reciprocal agreements improving the public transport system for all with other transport operators. That is riveting stuff, and Victorians. no doubt the minister has been kept up all night sweating on that important issue! What it is doing in the I turn to some of the coalition initiatives in relation to bus sector in wanting to reduce the regulatory burden is transport services. As I said, we have improved no doubt absolutely front and centre in every cabinet reliability, which is evident already and is a matter of meeting the minister attends.
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT SAFETY) BILL 2011
Wednesday, 31 August 2011 ASSEMBLY 2991
But what this bill does not do, for instance, as the would hope that would be one prospect that the speaker before me indicated, is anything about the myki Minister for Ports, the Minister for Public Transport ticketing system. What this bill and what this and his friend the Minister for Planning in the other government is all about is very little. It is not about place would take on board in their proposal to build a much at all. What we saw with the whole myki process whole new suburb in Fishermans Bend. They might try was an emerging pattern of this government across the to make sure from the start that there are opportunities board: bag it, review it, keep it. That is the modus for public transport from the day the first apartment is operandi of this government. We saw that with myki, built in that new 20 000-person high-density living we have seen it in a number of other projects and we suburb close to Melbourne, which is apparently going have seen it in so many other areas across the board. to be established by this government right on top of Webb Dock. It will be quite an interesting conundrum This bill’s approach to public transport misses the big for the Minister for Ports and the Minister for Planning picture. What this bill and this government are missing to solve. is the government’s vision when it comes to dealing with the challenges of public transport that it promised There are also opportunities for buses across my the people of Victoria it would deal with. electorate. The former government concluded a bus review. The agencies of government finalised, funded, In the last decade we have seen a massive increase in promoted and announced a whole series of bus changes the patronage and levels of use of all forms of public associated with those bus reviews in the inner south and transport in our community, across all modes and surrounding communities that were to start from the across all sectors across the state. It has particularly beginning of this year. It announced those changes well been the case in metropolitan Melbourne, and it has and truly over 12 months ago and they continued to particularly been the case in heavy rail. But it has not appear on Metlink’s website for some time. With this been exclusively there. We have seen it with buses, we new, dithering government all of that was stopped and have seen it with trams and we have seen it with the 606 bus route, for instance, which was one of the emerging forms of public transport — the emerging key proposals to link the areas of Port Melbourne community sector transport that seeks to deal with areas through to the Elsternwick transport hub, has gone of disability and aged care. nowhere. As a result the school children, the elderly and the communities that rely on that more radial link These are emerging new forms of getting people across the inner southern Melbourne metropolitan mobile and keeping them engaged in their communities suburbs were dudded by this dithering government as it for all sorts of reasons. Public transport is about serving sought to conduct another review. What was the those communities. It is about making sure we deal outcome of the review? It has now re-tendered the exact with and are positioned to deal with the challenges of a same proposals that the former government endorsed. changing community in linking those people up, whether it be for work, for school or for transportation We have seen the issue of trams completely ignored by to meet their mates; we need all sorts of things in a this government in its first budget. We have seen the large and growing city so that millions of people can Minister for Public Transport all over the construction get about in an efficient and sustainable manner. contract signed by the former government and no doubt we will see him all over the rollout of the new tram But this bill ignores all of those prospects. As I outlined infrastructure as it happens over the next couple of earlier, it deals with transport issues in a way that years. But let us remember, of course, that not one cent reflects the pedestrian priorities of this Minister for in this most recent budget went towards any of the Public Transport. This bill misses some of those additional tram rolling stock. The same goes for tram opportunities. I would like to suggest to the minister maintenance. Indeed the lack of funding for tram and the government in the context of this bill some of maintenance arrangements continues to pose significant the opportunities that the government might wish to issues for the safety of tram operators. It would well take after having clearly missed them in its first budget behove the Minister for Public Transport and this when dealing with transport. government to be serious about safety arrangements My electorate is blessed in many ways, particularly in and to look at the implications of the complete lack of respect of its relatively rich sources of public transport, funding for tram safety in the most recent budget but there are now no trains in my electorate. It did have because it will be too late once an incident happens. one once but the former Kennett government Whilst we are on the subject of trams, the inner dismantled the rail bridge that serviced Webb Dock and southern suburbs are booming. They are growing now the trains no longer run down to the dock. We rapidly in response to changing demographic and
ADJOURNMENT
2992 ASSEMBLY Wednesday, 31 August 2011 business patterns. I draw the attention of the house in look at the details of the bill, so I will concentrate on particular to the arrangements we are seeing in what I think are a few of the more important things. Southbank, in the proposed new suburb the Minister for Planning wants to create in Fishermans Bend, in Part 2 of the bill deals with, as I said, amendments to Docklands and in the southern suburbs. Those the Transport Integration Act 2010. Clause 3 provides a communities are growing rapidly, and what we are mechanism for dealing with the resolution of seeing is St Kilda Road, the key transport route — conflicting decisions of the regulators. There is a which is, I am advised by the tram operators, the busiest situation where there is potential for conflict between tram route in the world — becoming increasingly the decision of the director, transport safety, and the clogged. decision of the roads authority. The bill sets in place a process through the Secretary of the Department of I call upon this government and this minister to take the Transport for dealing with those issues. If the secretary advice of community members in Southbank, is not able to deal with them because of statutory Docklands, South Melbourne and South Yarra to look difficulties, the Minister for Public Transport and at how those areas could be linked by building a Minister for Roads will be able to deal with them. 50-metre link between the Park Street tramline and the Kingsway area to the Domain. This would ensure that The third-last speaker mentioned that clause 4 deals traffic was eased on the rail system along St Kilda Road with a long-term error in terms of the maximum and at the same time would create extra opportunities permissible blood alcohol content of operators — it is for the people of Southbank, South Melbourne, reduced from 0.15 to 0.015, which is consistent with Docklands and the proposed new Fishermans Bend the national rail safety law. suburb. This would create opportunities for business, for retailers and, as I said, for the people of these Clause 5 provides a process for dealing with a communities. There is no doubt that this is a very notification of incidents involving authorised officers. It important bill. The minister has been doing his best, stems from the Ombudsman’s report of late 2010. It and we await something of substance from him — — reduces the time permitted in which to advise the department of those incidents from the current 14 days The ACTING SPEAKER (Mr Northe) — Order! down to 48 hours so the department can deal with them The member’s time has expired. in a much more timely manner. Clauses 6 and 7 also deal with matters arising from the Ombudsman’s Mr MORRIS (Mornington) — Nothing could report. amplify more the contrast between the approach of this government and that of the previous government than The bill addresses some important issues concerning the contribution we have just heard. There was the big transport safety. It is emblematic of the government’s picture, the Victorian transport plan, unfunded and no-fuss, no-nonsense, practical approach to issues that entirely undeliverable. There was also the bus review confront the state. I commend the bill to the house. that the member referred to. I am not sure what his experience was, but I gather it was a little happier than Business interrupted pursuant to standing orders. mine. The former government had the review and there were some excellent recommendations which were not ADJOURNMENT released publicly until I prised them out of the department. They were a series of recommendations The SPEAKER — Order! The question is: which were unfunded, undelivered and not even referred to by the Labor candidate at the last election. That the house now adjourns.
I would like to do something which is apparently a bit Mr McGuire — On a point of order, Speaker, I novel in this debate — that is, talk about the bill before draw your attention to sessional orders adopted by this the house. The Transport Legislation Amendment chamber requiring ministers to provide a response to (Public Transport Safety) Bill amends a series of acts. adjournment debate matters within 30 days. Part 2 amends the Transport Integration Act 2010, On 4 May I raised an important matter in this place for part 3 amends the Transport (Compliance and the attention of the Minister for Health, calling on the Miscellaneous) Act 1983, part 4 amends the Rail Safety minister to stop jeopardising a $50 million deal to build Act 2006, part 5 amends the Bus Safety Act 2009 and a clinical teaching and education precinct for the part 6 amends the Bus Services Act 1995. In a public Northern Hospital and provide required funding. As I transport sense it truly is an omnibus bill. I suspect time have not yet received a response from the minister, I is going to beat me tonight in terms of my being able to
ADJOURNMENT
Wednesday, 31 August 2011 ASSEMBLY 2993 ask that you, Speaker, write to the minister and seek an Executive officer Andrew Simmons stated in a recent explanation of this delay and a response to my letter to me: adjournment matter, particularly given that it is the second time I have made this request for a response. Coordinating SWL — structured workplace learning — The SPEAKER — Order! I will write to the minister on the member’s behalf. placements to satisfy the VET requirements of intermediate and senior VCAL certificates is a major role of VCAL Victorian certificate of applied learning: coordination. This was not a ‘start-up’ activity. It is an funding ongoing and time-consuming activity that is required year in, year out for every VCAL class. Ms GRALEY (Narre Warren South) — My But Mrs Peulich insists that schools can get by without adjournment matter is for the attention of the Minister this funding. I urge the Baillieu government to take for Education and concerns the Baillieu government’s advice from people who know what they are talking decision to cut Victorian certificate of applied learning about — that is, students, staff and local learning and (VCAL) coordination funding to schools. employment networks, not Mrs Peulich. If we believe The action I seek is for the minister to immediately the government’s argument that it is only start-up reverse his decision and reinstate the $50 million cut funding that it is cutting, what about the many new from the VCAL program. Even after nine years of the schools in the other suburbs like Alkira Secondary Baillieu government — no, it is nine months; it just College? It wants to have a VCAL program, but now its feels like nine years — it never ceases to amaze me program is on hold. when I hear of the Baillieu government’s latest cruel I will finish by quoting a student in my electorate, Jade and callous cuts to education. This comes on top of cuts Shepherd, who said that without assistance from VCAL to literacy and numeracy coordinators and the end of coordinators, they would not have been able to have apprentice training schemes and the School Start bonus. such a successful program. It is ridiculous to Now the government continues to raise the stakes even think — — higher. This time there is a cut to VCAL coordination The SPEAKER — Order! The member’s time has funding. The government thinks it can fool Victorians expired. by saying that ripping out $50 million from VCAL will not impact students and by arguing that the funding was Seville Community House: funding to establish VCAL in schools. This argument is completely wrong. It is right off. Mrs FYFFE (Evelyn) — The matter I raise is for the attention of the Minister for Community Services. An important program like VCAL does not run itself. The action I seek is for the minister to confirm the The one thing we know about VCAL is that students details of and a time frame for fulfilling an election need VCAL teachers. It takes a lot of time and effort by commitment to Seville Community House for funding dedicated staff and teachers to offer and maintain a to upgrade office equipment. quality program for their students. When the shadow Minister for Education and I met with staff and students Seville Community House is an excellent small from three schools in my electorate — Narre Warren community house that was formed in 1986. It provides South P–12 College, Kambrya College and Alkira many services to not only the community of Seville but Secondary College — the local upper house Liberal also surrounding areas. The community group has a member, Inga Peulich, a member for South Eastern commitment to lifelong learning; it encourages people Metropolitan Region, shot back with a media release in the community to develop their skills and get which involved her quoting herself. The media release involved in the group’s many fascinating workshops. states: In semirural areas it is easy to suffer from loneliness Given the fact the program has been running effectively for due to the distance between neighbours and the lack of the past eight years and as a result of additional support adequate transport to regional centres. A local provided by workplace learning coordinators and local learning and employment networks, there should be no welcoming community house plays a vital role for impact on students … young mothers and other residents. At Seville Community House they also encourage older members What does the South East Local Learning and of the community to become involved. No matter how Employment Network think about the statement? old we get, we always need support networks that we
ADJOURNMENT
2994 ASSEMBLY Wednesday, 31 August 2011 build through friendships. The only way friendships can even lower, and as such the pay equity case seeks to develop is by taking the first step and participating. address this issue, given the systematic undervaluation Seville Community House is a great first step towards of the work as a consequence of the feminised nature of meeting new friends. However, for the community the workforce. That gender has been a factor in this house to function efficiently to provide the services, to undervaluation of the work has been acknowledged by control the programs and to provide the lecturers and the full bench of Fair Work Australia. The provision of timetables that are needed it needs to have reliable disability services is vital to our community, and the office equipment that functions properly and is sector needs to attract and retain qualified and skilled compatible with the software that more modern systems employees in order to maintain a quality service for the use. disabled people they support. Whatever wage increases are decided in the pay equity case will become the Seville Community House is a converted house minimum rates of pay and will be mandatory for attached to the Seville Primary School, another employers to pay. Unless the necessary level of funding excellent school in my electorate. The neighbourhood from the Liberal-Nationals government is also house also looks after children during preschool provided, there can only be cuts to jobs and services. activities and mothers groups. The things they are Victorian disability sector workers are worth as much asking for are modest. They need a desktop computer, a as those in other states and deserve to be funded as small TV/DVD player, a combined printer/fax/scanner, such. The level of support provided to disabled people lockable filing cabinets, storage cabinets and a software in the community should not be cut by this upgrade, as I mentioned before, so they can run the government’s lack of commitment to fund the outcome programs that are provided to community houses to of the pay equity case. produce their brochures and leaflets more easily. They would also like to be able to afford tables and stackable Windarring workers are no exception. Windarring was chairs. I urge the minister to look at the process of set up in 1999 in a house in Forest Street, Castlemaine. getting the funding to the Seville Community House as It was envisaged that the maximum number of soon as possible so that this fantastic community house participants would be 25. There are now 32, and the can continue to provide the services it has been demand is increasing. Windarring currently has providing for so long. 12 disability workers, 10 female and 2 male. They have qualifications ranging from higher university degrees to Community sector: wages disability carer certificates. Each and every one of them deserves to be paid according to the work they do, Ms EDWARDS (Bendigo West) — The matter I which is demanding, stressful and emotive. Each one of raise is for the Minister for Community Services, and them stays in their position because they love their the action I seek is for the minister to meet with work and care very much about the people with whom disability sector workers at Windarring disability they work. If the minister cares at all about workers in services at Castlemaine as a matter of urgency. Last the disability sector and all those they care for, she must week I met with members of the disability sector at agree to meet with them and address their pay equity Windarring to discuss their concerns regarding the pay case. equity case. Prior to last year’s election the Liberals and Nationals in opposition announced, on 24 November Water: Sunraysia modernisation project 2010, that they would fully fund the outcome of the pay equity case. However, the now Minister for Community Mr CRISP (Mildura) — I raise a matter for the Services, who made the promise, has broken this Minister for Water. The action I seek is for the Minister promise and a cap of $50 million per year has been put for Water to work with the community to prepare a on the funding. The vast majority of funding in the business case for the Sunraysia modernisation project. disability sector comes from the state government, so The irrigation infrastructure in the Sunraysia region the minister cannot brush this off as a federal dates back 100 years. Although some improvements government responsibility, particularly as the federal have been made over the years, the distribution system government has made a commitment to fund any does not match the on-farm improvements that have outcome decided by Fair Work Australia. occurred. Modern irrigation horticulture in the Sunraysia region requires high-technology systems, Currently wages in the sector are very low, and the including those supplying water to crops. The flood rates of pay do not reflect the skills, qualifications and irrigation technology has moved from utilising gravity professional responsibility of those who work in to drip and sprinkler systems. Modern on-farm disability services. The social, community, home care irrigation systems are used to deliver not only water but and disability services industry award rates of pay are
ADJOURNMENT
Wednesday, 31 August 2011 ASSEMBLY 2995 also nutrition for the plants and temperature control to jealous of the people with whom this lady socialised. lower the risk of frost and heat damage. On one such occasion this gentleman stated that he was going to prison for two years and that she now owes Sophisticated systems require high-quality water him two years and he will come and take back the time delivery to the farm gate that is free of rubbish, which is once he is released. Obviously that type of behaviour a feature of the open channel delivery systems, as by the former partner is very concerning. filtering water is costly in both water and energy. The original flood irrigation technology was based on a The minister has copies of the correspondence and the rotating roster system for watering crops. Modern supporting letters from the local police and local on-farm systems match water delivery to the water use charitable organisations and service providers, and I ask of the crop. This type of production system requires that the minister at least acknowledge the water on demand, something the existing distribution correspondence she has received to date. This lady is system struggles to deliver. The Sunraysia horticultural under real threat. I understand the constituent’s former industry has been restructuring for as long as many can partner is serving time for numerous offences including remember, and as each new crop comes with different breaking intervention orders, threatening to kill my demands for irrigation supply to the farm gate, it has constituent and fraud. I have real fears for my become typically 24-hour, 7-day-a-week availability. constituent’s welfare and that of her young children. From what I understand, the gentleman came up for The Sunraysia modernisation project is vital for consideration for parole in July, and obviously the Sunraysia’s future, and I urge the minister to find a way mother and her children are very concerned that if they to ensure that this project goes ahead. The criteria set by have not moved from the house where they used to live the commonwealth for the project under the original together, he will come over and perpetrate terrible guidelines have been impossible to meet. In simple violence against the family. terms, the old channels do not leak enough to make investing in improving the water infrastructure viable I ask that the minister, firstly, at least acknowledge the for the federal government. Clearly a different approach correspondence which has gone to her office; and is required for the Sunraysia modernisation project to secondly, ensure that this family is moved from this be delivered. I seek the minister’s assistance in public housing into other public housing preparing a wider business case for the Sunraysia accommodation immediately. modernisation project. Small business: environmental initiatives Housing: Narre Warren North electorate constituent Mr SOUTHWICK (Caulfield) — The matter I wish to raise is for the attention of the Minister for Mr DONNELLAN (Narre Warren North) — I wish Innovation and Small Business. The action I seek is for to raise a matter today for the Minister for Housing. the minister to investigate with her department The matter pertains to a constituent of mine, who I will opportunities for small businesses in my electorate to not name, who resides in public housing in my engage in programs designed to reduce both the costs electorate. She needs to be moved from her current and environmental impacts of doing business. While address due to safety concerns. These safety concerns small business undoubtedly wants to do more to help are due to the imminent release of the constituent’s the environment, it can be difficult to know where to former partner from prison as well as actions by begin. There is no question that the best place to start is neighbours against the constituent and her young to look at innovation and sustainability that also family. I faxed a letter to the minister on 8 August, positively impacts on the bottom line. copied to Peter Buxton, the housing services manager at the Dandenong housing office, in relation to this matter. I know that just keeping a business afloat can be a difficult and worrying task, and I congratulate those My concern in relation to not having this person moved many entrepreneurs who go the extra mile and do what quickly enough specifically relates to a letter I have they can to reduce their environmental impact. Being received from the local police. It is from a detective able to contribute to our long-term environmental future senior constable. He indicates that he has become aware while also strengthening our vital small business sector that the gentleman regularly attended this lady’s house is an important and noble goal. While many small and would quite often become physically and verbally businesses may not know it is possible to cut emissions abusive towards her. Further, this gentleman drove past costs at the same time, it is here that government can this lady’s house on a regular basis to see who was at play a strong role in providing education on how these her house because he was extremely possessive and businesses can act.
ADJOURNMENT
2996 ASSEMBLY Wednesday, 31 August 2011
I am aware that there are some programs supported by work extremely hard to fulfil the organisation’s the government that have provided training and mission, which is to work in partnership with other mentoring, and I can see the great work that has been community organisations, cultural associations and done in the past. I am also aware that VECCI (Victorian members to actively promote multiculturalism, cultural Employers Chamber of Commerce and Industry) has diversity and the wellbeing of all migrant communities been involved in running workshops that can help throughout the region. This is a worthy mission, and businesses improve their sustainability and bottom line. BRMC is committed to it. Some of the programs offered are the multicultural tucker program, friendly While this may not be the only solution, I would be visiting service, community partners program, English keen for the department to look at trialling programs to classes, workplace communication classes and an work with local councils to assist small businesses. I interfaith network. would also be happy to offer both of my local councils, the City of Port Phillip and the City of Glen Eira, to BRMC is also committed to developing culturally conduct potential trial programs. sensitive programs that focus on the retention of cultural heritage. It is the peak multicultural agency for There are a number of examples including cafes, the Central Highlands-Grampians region and includes printers and retailers that have made small but effective 17 cultural associations and groups. I understand that changes which benefit both the planet and their profits. BRMC has also recently applied for funding from the The bustling shopping strips of Elsternwick, East Unity Through Partnerships program, and I could not St Kilda, Caulfield and other locations in my electorate think of a more worthy organisation to receive this contain many great small businesses that could be funding. This organisation would use this funding in a engaged with through these programs. way that would benefit all of Ballarat. This funding would provide for a great event in a great regional city, The issue of business engagement with the aim of a regional city with a great record of embracing improving the environment highlights the fundamental diversity. and philosophical differences between the coalition and the Labor Party, specifically the federal Labor It is a natural fit that BRMC would apply for this government. While programs such as those that I have funding, because the Unity Through Partnerships discussed encourage innovation and provide businesses program serves to encourage the participation of the with incentives to go green, the federal government’s whole community in celebrating and valuing cultural great big new tax on everything is a job-killing, diversity and fostering cross-cultural exchanges and top-down, bureaucratic money churn that the Prime collaboration, which very much reflects the mission of Minister promised she would never introduce. BRMC. As I have said, BRMC is a great local agency, and I appeal to the minister to show his support for this Improving the environment is a goal that all Victorians, regional agency in strengthening a regional community. including all Victorian small businesses, share; however, these uncertain economic times make it I would like to remind the minister that we were both at difficult for businesses that do not know where to start. the National Indian Day where I was speaking as a I ask the minister to investigate with her department the representative of the opposition, which I think is a great potential to trial such programs to assist both small indication of bipartisan support for multiculturalism. I businesses and the environment. remember saying that night that I would very firmly fly the regional flag for cultural diversity and Ballarat Regional Multicultural Council: multiculturalism, and so it is in that spirit that I appeal funding to the minister to consider this funding. Ms KNIGHT (Ballarat West) — I wish to raise a Wangaratta Festival of Jazz and Blues: funding matter for the attention of the Minister for Multicultural Affairs and Citizenship. The action I seek is for the Mr McCURDY (Murray Valley) — I raise a matter minister to show his support for the Ballarat Regional for the attention of the Minister for Tourism and Major Multicultural Council (BRMC) and to consider Events. The action I seek is funding for the Wangaratta favourably its funding application. I am pleased to see Festival of Jazz and Blues, which incorporates the that the minister is in the chamber tonight. National Jazz Awards. Funding is needed to assist with the staging and marketing of this iconic event which is BRMC is a terrific organisation that does a lot of held annually over the Melbourne Cup long weekend. wonderful work for the entire community of Ballarat and the surrounding area. The staff and committee
ADJOURNMENT
Wednesday, 31 August 2011 ASSEMBLY 2997
Recognised as Australia’s premier jazz festival, the visitors. I look forward to welcoming thousands of Wangaratta Festival of Jazz and Blues celebrated its visitors to Wangaratta for this great festival in October, 21st birthday in 2010. The festival was conceived in and I seek the minister’s support. 1989 as the dream of a group of local business people who wanted to establish a significant event for Planning: city of Wyndham Wangaratta and the region, an event that would be unique and attract many tourists to the area. Launched Mr PALLAS (Tarneit) — The matter I wish to raise in 1990 it was immediately hailed by critics, musicians is for the Minister for Planning, and the action I seek is and fans as the best jazz festival in Australia, a that the minister urgently undertake and subsequently reputation that has been confirmed and enhanced every release an open space inventory for metropolitan year since the inaugural festival. Now one of Victoria’s Melbourne that takes into consideration the needs of the hallmark events and a member of the Victorian community and local councils, particularly those in Tourism Awards Hall of Fame, the festival showcases growth areas such as the city of Wyndham. all jazz styles, with an emphasis on modern and The city of Wyndham, within my electorate, has the contemporary jazz. fastest growth rate in Victoria at 8.8 per cent, adding on It is estimated that the festival contributes around an annual basis a population equivalent to that of the $20 million to the local economy each year and attracts city of Benalla, or 12 600 people per year. This growth around 35 000 people. It is supported by a volunteer obliges all levels of government to make clear plans workforce of around 500 people, which is a and allowance for the development of communities magnificent effort by the people of Wangaratta and with adequate infrastructure and amenity. In this regard, district. a recent report by the Victorian Environmental Assessment Council (VEAC) is a cause for concern Unfortunately numbers attending last year’s festival insofar as it found that Wyndham has the second-lowest were down because most people around Australia proportion of open space of any municipality in the thought Wangaratta was totally under water due to state. flooding. The loss of Transport Accident Commission funding and sponsorship also hit the hardworking Within the urban growth boundary, open space such as volunteer group. A new committee has been established city squares, small neighbourhood parks, sporting fields under the chairmanship of Paul Carrick and is and large national and state parks accounts for only committed to continuing to present a cutting-edge 5.1 per cent of Wyndham’s land area. According to the festival offering a variety of the finest jazz and blues VEAC report, without the retention and creation of music from Australia and overseas under the guidance open space on both public land and local council land, of long-time artistic director Adrian Jackson. Events are public open space per capita will decrease over time. In held across the city, including at the performing arts order to combat this dwindling amount of public open centre, Holy Trinity Cathedral, hotels, a blues marquee space, the report recommends that the government and at nearby vineyards. Reid Street is closed for the prepare a metropolitan open space policy and strategy free program of events, which is an integral part of the that provides a long-term plan for public open space program and much loved by the people. and that it maintain an open space inventory to keep track of that open space. The core of the program each year is the National Jazz Awards, which feature a different instrument each year. I note that a spokesman for the minister was reported in Australia’s most prestigious jazz competition, the the Wyndham Weekly of 17 August as having said: National Jazz Awards, are designed to provide … the VEAC report would be one of several that would encouragement and exposure to young musicians up to contribute to the metropolitan planning strategy to be released 35 years of age. The awards have boosted the careers of in early 2013. pianists, saxophonists, guitarists, singers, drummers and trumpeters over the past 21 years. This year the featured Whilst I am heartened to hear that the Minister for instrument will be drums. The 10 award finalists will be Planning is developing a metropolitan planning given the opportunity to perform with high-level strategy, I am concerned that it will not be released accompanists at the festival. until 2013. Public open space is only going to further decrease by 2013 in growth areas like Wyndham, Regional festivals are an important part of the culture of where development is accelerating, unless the country Victoria, and the Wangaratta Festival of Jazz government acts now. and Blues attracts people from many parts of Australia, people from throughout the region and international
ADJOURNMENT
2998 ASSEMBLY Wednesday, 31 August 2011
Communities in growth areas require the minister to act Edithvale Road is the continuation of Springvale Road with urgency to develop an open space inventory as and is an extremely busy road carrying thousands of recommended by the VEAC report to ensure that public cars every day — far more than was envisaged when it open space is not further diminished between now and was originally built. Although there is a crossing the release of the strategy in 2013. The development of supervisor and a speed limit of 40 kilometres an hour any strategy must of course take into consideration the during school pick-up and drop-off times, it is of course needs of the community and local councils. unsupervised at all other times and a speed limit of Communities need parks, city squares and sporting 60 kilometres an hour applies. grounds. The health of our community and our quality of life depend upon access to public open space where Edithvale Primary School has an after-school care people can come together and enjoy the outdoors. program that runs until 6.00 p.m. every weeknight, and the school regularly hosts evening events. Edithvale In its recent recognition of Melbourne as the world’s Road is extremely dangerous for pedestrians to cross, most livable city, the Economist Intelligence Unit particularly with poor visibility at night. Installing highlighted open space as an important contributor to traffic lights would make crossing this busy road safer Melbourne’s livability. and reduce the chances of a similar or even worse traffic incident occurring. I call on the minister to In the Age newspaper of 8 August 2011, VEAC consider this proposal for inclusion in the VicRoads member Mr Ian Harris said: pedestrian crossing program. There is a lot of research now around the world linking open space to community health, to child development … Responses How public open space is identified, functionally Ms ASHER (Minister for Innovation, Services and allocated and priced and how the cost of such is divided Small Business) — The member for Caulfield raised is critical to the planning of the new suburbs on our with me a very important issue about government urban fringe, to our city’s future and to our assistance for small business in relation to cutting costs community’s wellbeing. for electricity use and other environmental matters. As members of this chamber would be aware, the member Edithvale Primary School: pedestrian crossing for Caulfield has a very strong record in small business and entrepreneurship; therefore it comes as no surprise Mrs BAUER (Carrum) — I wish to raise a matter that he would ask a practical question such as this in for the attention of the Minister for Roads, and the terms of what the government is actually doing. action I seek is that the minister include in the VicRoads pedestrian crossing program a proposal for The adjournment debate is not a time when I wish to the installation of traffic lights on Edithvale Road take up the observation from the honourable member outside Edithvale Primary School. for Caulfield in relation to the carbon tax, which was that this is not the time for the federal government to be At about 7.40 p.m. on 17 June a grandfather and his imposing an additional tax. However, given that this grandson were knocked down by a car as they would appear to be the actuality, my department will attempted to cross this very busy road to attend an try to assist small businesses in whatever way it can to evening function at the school. The gentleman reduce their electricity usage, bearing in mind that for sustained serious head injuries and the boy a broken many businesses it is non-discretionary. leg, but fortunately there was no fatality. Many students and parents were witness to this shocking incident. The The Australian Industry Group has also raised this as a principal of Edithvale Primary School, Denise Webster, key issue, and the Victorian Employers Chamber of and the school community have been crying out for Commerce and Industry has in the past been involved traffic lights for years, and this latest incident is exactly in programs to encourage businesses to reduce their what they were afraid was going to happen. electricity use not only to be environmentally sensitive but also, importantly, to cut their costs. Many local residents have written to the local newspaper, the Mordialloc Chelsea Leader, requesting Small Business Victoria is delivering regular 2-hour that something be done. One local resident, who is also seminars, and the name of these seminars is Green a retired crossing supervisor, voiced his concerns in a Your Business, Grow Your Business. They are usually letter to the local paper. He said that he has been hosted by local councils. They concentrate on reduction ‘horrified to see the excessive speed of some vehicles in of energy use, energy efficiency, waste reduction and a Edithvale Road’. whole range of matters in this domain, all of which
ADJOURNMENT
Wednesday, 31 August 2011 ASSEMBLY 2999 should assist businesses to cut costs and to be demonstrated an ability to attract very strong visitation environmentally friendly. There are three accredited and, as a consequence, significant economic impact in facilitators who have taken on this task, and the his area. It is expected that this year’s festival will member for Caulfield asked me whether there is attract 30 000 visitors. I commend the member on his anything available in his area. I can indicate that work, and I wish the festival every success this year. 10 seminars have been conducted so far, and 4 are scheduled for next three months, including in the Mr MULDER (Minister for Roads) — The member Nillumbik, Hobsons Bay, Baw Baw and Campaspe for Carrum raised with me the need for traffic lights on municipalities. I am delighted to inform the member for Edithvale Road. There is a primary school at that Caulfield that I will arrange for seminars to be held, location, and the Minister for Innovation, Services and should his local government authorities agree, in the Small Business has just indicated that it was her cities of Port Phillip and Glen Eira. primary school. The member for Carrum is concerned as to the safety of not only schoolchildren but also other I turn now to the member for Murray Valley, who has pedestrians who use that location. The member asked me a very important question about funding for indicated to me that after-hours school programs take the Wangaratta Festival of Jazz and Blues. I remember place at that location and that once the crossing times clearly the member for Murray Valley ringing my have passed there is no level of protection there. I office in February, when there were some funding understand the concerns the member for Carrum has for uncertainties in relation to this festival. He was quoted her constituents, particularly those who use the in his local press at the time indicating that he was very Edithvale Road area around the Edithvale Primary concerned, wished to help the festival of jazz and School. saying that he was going to be working with Louise Asher’s office to try to get a result on this. I can inform An issue that has come to light — an issue that the his constituents that he has been true to his word. government is very concerned about — is that the number of pedestrian fatalities has risen in recent times. The coalition government, through the tourism There has been an increase somewhere in the order of portfolio, has allocated $42 500 from Victoria’s events 40 per cent, which is of grave concern. We have not program to support the 2011 event, which, as the had a chance to analyse the reasons behind that, but the member said, will be held from 28 October to coalition government has responded to a number of 31 October — on the eve of the Melbourne Cup. Even requests and concerns from members who have asked more significantly, I am happy to advise the member for upgrades in their electorates in relation to pedestrian for Murray Valley that due to his working very strongly safety. Prior to the election we gave a series of with the Premier’s office, the Wangaratta festival of commitments about different locations throughout the jazz will also receive $109 500 in funding from Arts road network to attempt to improve pedestrian safety Victoria. because we have a concern about this unusual trend of an increase in pedestrian fatalities, which is something This is a very important cause, and he is an excellent we have not seen before. local member. He took up this cause earlier in the year when there were significant funding difficulties. He has The member for Carrum also indicated to me that a lobbied the Premier and me strongly and delivered an crossing supervisor has raised issues in relation to outcome for his community. That is of course what excessive speed in the area. Edithvale Road is a being a good local member is all about — delivering continuation of Springvale Road; it is a very busy road. results. This festival — and I attended it a number of I can understand that the member for Carrum is years ago — is an iconic event in his electorate. The concerned for the people in her electorate, particularly funding from Tourism Victoria will assist with tourism when dealing with issues in relation to young children marketing. The idea is to attract increased visitation and and mums who are collecting children from school in raise awareness at a national level of the vibrant cultural the afternoon. There is an issue with programs that run scene in Wangaratta. Marketing will include radio after school hours and coincide with very heavy traffic advertising and print advertising in a range of daily volumes. newspapers with which we are all familiar and in a range of specialist magazines. There will also be some On behalf of the member for Carrum I will take up this television advertising on Prime television as part of this matter with VicRoads to see whether or not we can get package. this particular crossing picked up under the VicRoads pedestrian crossing program. The member for Carrum This event is very important to the member for Murray has done an enormous amount of work. She has lobbied Valley’s electorate. The jazz festival has consistently me and had a number of discussions with me in relation
ADJOURNMENT
3000 ASSEMBLY Wednesday, 31 August 2011 to this particular crossing, and she has homed in on traditional undervaluing of community sector work, like what is an emerging issue — that is, pedestrian safety. enterprise bargaining and the role of funding for the We have a significant issue in relation to an increase in sector. pedestrian deaths, and we want to make sure that as a government we can deal with this situation. I commend Our position has been very clear. I am pleased that in the member for Carrum for raising this matter and also the lead-up to the state election we committed for the level of activity she has shown in her electorate $200 million in relation to the pay equity case. This was in making sure that she can offer the greatest level of costed and articulated in our election policies, and in protection, particularly for people who use this the 2011–12 budget we funded that commitment. The particular location. I will follow it up on her behalf. $200 million figure was based on numbers developed by the former Premier when he announced the then Ms WOOLDRIDGE (Minister for Community government’s commitment of $50 million per annum in Services) — It gives me pleasure to respond to the relation to the pay equity case. The coalition matched member for Evelyn, who is a fantastic advocate for her that commitment at the time. That is the basis of the local community, about the Seville Community House. numbers. As she outlined in her adjournment matter, the Seville Community House does great work across a whole In contrast to the position of the Victorian government, range of areas and is a very important asset for the no other government in Australia has made any firm or community. It offers a range of programs, including specific financial commitment towards the outcome of playgroups and classes in health and fitness, art and this important case. Only Western Australia in recent craft, cooking and IT, and is a valued and integral part times has indicated it will allocate specific funding to of the community. support pay rises for community sector workers, but that allocation is part of a broader community sector During the election campaign the member for Evelyn initiative. The Victorian government has a firm, was in a position to make a commitment of $30 000 for budgeted commitment of $200 million in relation to desperately needed office equipment — things ranging this, but no other state — and certainly not the federal from a computer and software package, a small TV, a Labor government — has put any dollars on the table in DVD player and lockable filing cabinets to tables and relation to this. That puts Victoria in a positive position stackable chairs — including some really basic and in that we have budgeted for and committed to some of fundamental items necessary for neighbourhood houses the financial consequences of this important case. to be able to do what they need to do. I am pleased to inform the member that we have been working very I would like the member for Bendigo West to take back actively to make this funding available for the Seville to her electorate the message that the Victorian Community House. Normally it would be an initial government has a clear position, which it has 90 per cent payment and then 10 per cent on articulated repeatedly, in relation to its commitment to completion of the activity. However, I am pleased that this case. It is also important that she articulate the we have been able to negotiate a process where it will opposition’s policy in relation to this matter, because in be a 100 per cent payment up-front, which will give the fact it has no policy. There is not one policy community the confidence and the cash flow to go commitment or articulation of the opposition’s policy in ahead with purchasing the equipment they need. The relation to this case. Labor members are now saying payment will be completed over the next month. This is they are concerned about the pay levels of the a very positive outcome as a result of the great community sector workforce, but for the 11 years advocacy of the member for Evelyn for the Seville Labor was in government they did nothing about it. Community House and for the broader community. Labor did not put one dollar in its pre-budget update or its election policy commitment, in contrast to the I also take the opportunity to respond to the member for coalition. I think it is important for the member for Bendigo West, who raised the matter of the pay equity Bendigo West to tell the truth to the disability workers case and asked that assurances be given to disability among her constituents — that is, that this government workers in her electorate in relation to the position of has put money on the table and that the Labor the Victorian government. I am pleased that the opposition does not have a policy in relation to this Victorian government, through multiple submissions issue. She should tell them that there was not one dollar and everything it has said, has confirmed that gender for this in Labor’s budget or its election commitment. plays a role in the undervaluation of community sector work. Like the commonwealth government, the There is quite a contrast between the two parties. The Victorian government believes gender sits alongside a Victorian government has a clear position, which it will range of factors that also help to account for the continue to articulate. This is an important case for
ADJOURNMENT
Wednesday, 31 August 2011 ASSEMBLY 3001 women across the state and for community sector not being used, there are some significant opportunities workers. The Victorian government is taking a there for regional development, particularly in the leadership position, in contrast to every other Merbein area, where there is the opportunity for new government around the country and in contrast to what farmers to come in and redevelop if the irrigation it sees from those opposite. infrastructure is there to assist them to do it. Finally, there is also the opportunity in this business case to Mr WALSH (Minister for Water) — I will respond potentially look at some industry structural adjustment to the member for Mildura who raised the matter of the issues, particularly in Merbein but also across the wider Sunraysia modernisation project. For everyone’s Sunraysia area. All together the business case focuses benefit, the Sunraysia modernisation project was a on structural adjustment, regional development and $103 million project announced by the then Premier, some modest water savings so that we can actually get John Brumby, and the then federal Minister for Climate that $103 million invested in the modernisation of the Change and Water, Penny Wong, in 2008. It was a Sunraysia irrigation system. political commitment at the time between those two particular people, and at this stage it has not been Mr KOTSIRAS (Minister for Multicultural Affairs achieved. In some ways it has almost been an empty and Citizenship) — The member for Ballarat West promise because 2008 was a long time ago. There was raised a matter in relation to funding for the Ballarat a major event. It was something the previous Regional Multicultural Council. I know that the government was very good at — having a major press member is a very strong supporter of BRMC, and I conference, a big hoo-ha, a big announcement and then support her in that stance because BRMC has done a nothing ever happened after it. That is very much the wonderful job over the years in meeting the needs of case with the Sunraysia modernisation project. There Victorians living in that region. It has met individual was a promise in 2008 but nothing has happened since needs and it has promoted the advantages of living in a then. multicultural society. One of its aims is to unite people, and that is one of the aims I have tried to push — to Earlier this year the business case for that particular bring communities together to make sure that everyone project went forward to Canberra and failed due understands, appreciates and respects each other. diligence because, as we all knew at the time, the promises that were made about the water savings that For that reason when I received a letter from BRMC on could be achieved were never ever going to be able to 17 August requesting some assistance I referred it to the achieved in that particular project. I have had extensive Victorian Multicultural Commission (VMC) for discussions with Tony Burke, the federal Minister for consideration. In the letter BRMC said that it had Sustainability, Environment, Water, Population and approached Multicultural Arts Victoria but was advised Communities, about what happens to that money now that there was no money available and could I perhaps that that project has failed due diligence. I have a look at providing some money for an event which commitment from him that that $103 million is still on brought together various groups. I referred this letter to the table for the Sunraysia project if Victoria can the VMC to be judged on its merits. It has done so, and develop a business case that can justify that money I am pleased to advise the member tonight that the being invested in that area. VMC has agreed to provide $2000 toward the festival. It would be good if the member could advise the I have written to the Sunraysia Development organisation of those funds. VMC will write to BRMC, Corporation asking it to work with the other but I also ask the member to advise BRMC that it will stakeholders in Sunraysia to assist us in developing a receive $2000 for the festival to continue the good work business case to get that money invested in the that it has been doing over many years. Sunraysia modernisation project. Instead of this being a business case that is focused just on water savings, The member for Tarneit raised a matter for the attention which we all knew would never ever pass due diligence of the Minister for Planning, and the action he sought with the commonwealth because the water savings are was for the minister to undertake and release an open not there to meet its criteria, it will focus on three space inventory for metropolitan Melbourne that takes things. into consideration the needs of the community and local councils. I will refer that matter to the Minister for The first is water savings, modest as they may be. The Planning for his direct response. second is a focus on a regional development point of view. With the issues in Sunraysia relating to the The member for Narre Warren North raised a matter for number of people who have sold water over time and the Minister for Housing, and the action he sought was the number of blocks that have been dried off and are for the minister to intervene and help a constituent
ADJOURNMENT
3002 ASSEMBLY Wednesday, 31 August 2011 move from her current public housing to another location due to safety concerns. I will refer that matter to the minister for his direct response.
Finally, the member for Narre Warren South raised a matter for the attention of the Minister for Education, and the action she sought was for the minister to reinstate the Victorian certificate of applied learning coordination funding. I will refer that to the minister for his direct response.
House adjourned 10.51 p.m.