PARLIAMENT OF

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

1 March 2011 (Extract from Book 3)

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor Professor DAVID de KRETSER, AC

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

Joint committees Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. 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. Family and Community Development Committee — (Council): Mrs Coote and Ms Crozier. 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. 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 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 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

TUESDAY, 1 MARCH 2011 DonateLife Week...... 346 Telstra: Moe call centre...... 346 NEW MEMBER George Archer Pavilion, Chewton: opening...... 347 Member for Broadmeadows ...... 319 Aurel Vernon Smith...... 347 CONDOLENCES Rail: Sunbury station ...... 347 Aurel Vernon Smith...... 319 Wangaratta Festival of Jazz ...... 348 Earthquakes: New Zealand...... 319 Housing: Thomastown electorate...... 348 Rhys and Lynette Gould...... 349 DISTINGUISHED VISITORS...... 319 Roma Kampf ...... 349 QUESTIONS WITHOUT NOTICE Chelsea: sustainable garden project...... 349 Police: chief commissioner...... 326 Carrum: sailing and surf lifesaving clubs...... 349 Desalination plant: costs...... 326 Aspendale Gardens Community Centre: Police Association: government pay 20th anniversary...... 349 undertaking ...... 328 Little Ray of Sunshine benefit concert...... 349 Desalination plant: water charges ...... 328 La Trobe Institute of Molecular Science...... 349 Energy: concessions...... 329, 330, 331 Ashburton: street festival...... 349 Emergency services: volunteers...... 329 Emergency services: Craigieburn Torchlight Liquor licensing: fees...... 330 Parade...... 350 Cultural Precincts Enhancement Fund: POLICE REGULATION AMENDMENT (PROTECTIVE management...... 332 SERVICES OFFICERS) BILL 2010 SUSPENSION OF MEMBER Second reading ...... 350 Member for Niddrie ...... 333 Third reading ...... 411 COUNTRY FIRE AUTHORITY AMENDMENT SHOP TRADING REFORM AMENDMENT (EASTER (VOLUNTEER CHARTER) BILL 2011 SUNDAY) BILL 2011 Introduction and first reading...... 335 Second reading ...... 411 PARLIAMENTARY COMMITTEES AMENDMENT ADJOURNMENT BILL 2011 Rail: Craigieburn line...... 415 Introduction and first reading...... 335 Beechworth: Harvest Celebration...... 415 REGIONAL GROWTH FUND BILL 2011 Victoria Street gateway project: funding ...... 415 Introduction and first reading...... 335 Sport and recreation: major event funding...... 416 JUSTICE LEGISLATION AMENDMENT BILL 2011 State emblems park: establishment ...... 417 Introduction and first reading...... 336 National Celtic Festival: funding ...... 417 Plenty Road: upgrade...... 418 PETITIONS Dingley Village: air pollution...... 418 Dromana: stormwater drain...... 336 Cairn Curran Reservoir: water release ...... 418 Morwell–Traralgon bike path: funding...... 336 Gardiners Creek: management ...... 419 Electricity: smart meters...... 337 Responses...... 419 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Alert Digest No. 1...... 337 Statute Law Revision Bill 2011...... 337 APPROPRIATION MESSAGES ...... 337 DOCUMENTS ...... 337 BUSINESS OF THE HOUSE Program ...... 338 MEMBERS STATEMENTS Floods: Victoria ...... 343 Speaker: conduct...... 344 Japanese Exchange and Teaching program ...... 344 Lilydale Primary School: student leadership...... 344 Day: City of Casey ...... 344 Floods: northern Victoria...... 345 Altona soil remediation centre: establishment...... 345 Mornington: marina...... 345 Cairnlea Park Primary School: building program...... 345 Floods: Bentleigh electorate...... 346 Damian Bartlett and Amber Irving...... 346

NEW MEMBER

Tuesday, 1 March 2011 ASSEMBLY 319

Tuesday, 1 March 2011 (2) express our admiration for the work of the New Zealand police, civil defence, hospital and emergency service workers, together with the New Zealand Defence Force, The SPEAKER (Hon. Ken Smith) took the chair at in their response to this disaster; 2.04 p.m. and read the prayer. (3) support the governments of Australia and other countries in their ready deployment of expert personnel to assist in NEW MEMBER the emergency response; (4) commit to doing whatever we can to assist our New Member for Broadmeadows Zealand friends as they face this adversity; and

The SPEAKER announced the election of (5) join with all the people of the state of Victoria in Mr Frank McGuire as member for the electoral expressing our sympathy and our strong support for the district of Broadmeadows in place of Mr John rejuvenation of the beautiful city of Christchurch and the surrounding district. Brumby, resigned, pursuant to writ issued on 20 January 2011. In the last week the great Australasian family has once again been challenged. One week ago today, on Mr McGuire introduced and sworn. 22 February at 12.51 p.m. New Zealand time, an earthquake struck New Zealand’s South Island on the CONDOLENCES Canterbury plain. The epicentre was at the port town of Lyttleton, just south of Christchurch. This earthquake Aurel Vernon Smith followed the 7.1 level earthquake which hit the area on 4 September last year. That September earthquake itself The SPEAKER — Order! I wish to advise the did billions of dollars worth of damage. The earthquake house of the death of Aurel Vernon Smith, the member last week measured slightly less on the Richter scale, of the Legislative Assembly for the electoral districts of 6.3, but it was closer to the surface and, as we have all Bellarine, from 1967 to 1976, and South Barwon, from seen, the impact was devastating. 1976 to 1982. Many of the buildings whose foundations were I ask members to rise in their places as a mark of undermined and weakened in September simply could respect to the memory of the deceased. not withstand this further assault by the forces of nature. For many residents of Christchurch going about Honourable members stood in their places. their daily lives in offices, shops, schools, churches or public buildings, or simply commuting on a bus or in The SPEAKER — Order! I shall convey a message their cars, there was no warning whatsoever. Survivors of sympathy from the house to the relatives of the late told of their terror as, in the very heart of Christchurch, Aurel Vernon Smith. the streets shook, the ground split open, the buildings were rocked and the walls, the floors, the towers, the slabs and the ceilings came crashing down. DISTINGUISHED VISITORS The earthquake has taken a staggering toll. While more The SPEAKER — Order! I inform the house that in than 70 people have been miraculously rescued from the gallery today we have Mr Daniel Taylor, who is the the ruins, more than 150 deaths have already been Consul General of New Zealand to Victoria. We confirmed and scores of other people remain missing. It welcome you, Sir. is reported that the dead come from over 20 countries and include at least one Australian. The dead include We also have a parliamentary delegation from the children, students, office workers and tourists. Kingdom of Bhutan. I welcome you to the Parliament. Engineers have assessed already that around one-third of the buildings in the central business district have CONDOLENCES been destroyed or are so unsafe that they will have to be demolished. It was reported today that around 100 000 Earthquakes: New Zealand buildings in the region have been damaged and up to Mr BAILLIEU (Premier) — By leave, I move: 10 000 may need to be rebuilt. Many parts of Christchurch remain without power or water, and while That we, the Legislative Assembly of Victoria: it is hoped that 90 per cent of roads will be reopened by the end of this week, it is also the case that it will be (1) offer our deepest and sincere condolences to the families months until the CBD is open or functioning again. of those who tragically lost their lives in the devastating Canterbury earthquake on 22 February 2011;

CONDOLENCES

320 ASSEMBLY Tuesday, 1 March 2011

Emergency services have been stretched to lady trapped in a room high up in a crumbling building; unbelievable limits, and emotions, understandably, from office workers turning doors into makeshift remain high. Assistance has been provided from across stretchers to take people away from danger to the young the world, and I take this opportunity to express our man who rushed into a collapsing church to rescue the admiration for all of those in the emergency services organist who had been practising for the following whose work and support has been, and continues to be, Sunday’s service; and from the wonderful police, fire so critical. and ambulance workers, the New Zealand civil defence and armed services personnel to the road workers and The impact on so many families is heartbreaking, and crane drivers, electricians and plumbers, all of whom the stress on the broader community is immense. This have chipped in with steely resolve. will enormously affect people’s working lives and also the economy of the city and New Zealand; the The kindness of people extends to giving emotional consequences will be significant. Some of the iconic support and to visiting neighbours who might be alone, and beautiful historic buildings of Christchurch have who have been frightened by the earthquake and who been levelled or damaged. When asked about the are without power and water. There will be a million damage to the Anglican cathedral, the dean of stories to tell, each gut wrenching in its own way, some Christchurch, Peter Beck, summed it up when he said: tragic and some uplifting. No-one could be anything other than deeply moved at the footage of families It is devastating about the cathedral, but the most important huddled together waiting for news of lost loved ones, or thing at the moment is not the buildings, it’s the people. in awe at tales of lives being saved beneath the rubble And we’ve got to reach out to each other here in Christchurch following crude but essential amputations. and Canterbury and do what we can to deal with those who are wounded, those who have been killed, and their families. In Victoria we, too, have moved quickly to assist. On that very first afternoon we immediately made available Speaker, that is without question, the abiding sentiment on stand-by medical and search and rescue support. in New Zealand. Those efforts were coordinated through the national The spirit and the fabric of any place is made up by the disaster relief arrangements, and internationally people who live there, their aspirations, their approach accredited urban search and rescue teams from to life, their sense of humour, their sense of community Queensland and New South Wales were quickly and above all, as we have seen in the last week, their dispatched to assist. Early last Friday I joined the Chief incredible resilience. The earthquake in Christchurch Commissioner of Police, the president of the Police has shocked all Victorians — indeed, all Australians — Association of Victoria and the New Zealand Consul and our hearts go out to those affected. No doubt many General, Daniel Taylor, who is with us today, at of us in this chamber have been to Christchurch and Melbourne Airport to farewell and thank in advance know what a beautiful city it is and what a beautiful 100 personnel and an additional part of the world it is in. It seems so unfair that, after 15 command staff, including a number of Department people there suffering such a significant setback only of Sustainability and Environment staff, who were five months ago, this further catastrophe should happen joining a 300-strong team of Australian police from to the same people, the same communities. I have no other states deployed to New Zealand. doubt Australians understand the simple unfairness of These Victorian officers were drawn primarily from that. volunteers in the operational response unit, including In recent years we have suffered droughts, bushfires some with Christchurch and New Zealand connections. and most recently devastating floods and wild and It was clear to all of us that those officers knew how damaging weather in our own communities — some difficult the work ahead would be. They were quiet, have been hit many times — so we know something of they were reflective and I suspect some were the challenges our friends in New Zealand now face. apprehensive about what they would see, but they also But we also know the Australasian spirit will prevail. It carried a steely professionalism with them. I know their is a spirit that has been tested but has prevailed over work is much appreciated by all New Zealanders, and more than 100 years, and I have no doubt it will prevail they do us proud. again. We have seen that in the thousands of acts of The police who are being deployed will not be armed, personal kindness and selflessness in the aftermath of and they will support New Zealand police in general the earthquake — from people putting an injured policing duties to take account of the enormously stranger in the back of their car and taking them to stretched local resources and relieve local officers who hospital to people making a human pyramid to help a have been working, many without a break, since the

CONDOLENCES

Tuesday, 1 March 2011 ASSEMBLY 321 earthquake hit. The plan is that our people will be make her not worry about little things in the future. It is deployed to Christchurch for two weeks initially, and this type of good humour and sober and sensible then there will be an assessment as to what longer term response which reminds us of why Australians and support is needed. We wish them well and trust that New Zealanders get on so well: we take serious things they will return safely after that first placement. I can seriously, but we do not take ourselves too seriously. report that today an additional 8 urban search and That has always been the trans-Tasman way, and long rescue experts from Victoria have been deployed, along may it continue. with 2 paramedics and a logistical support member, in a team of 11 that will be deployed to New Zealand. Our hearts go out to all of those involved in the rescue efforts, and we extend our best wishes to the families Just a few weeks ago I took a call from John Key, the and residents of Christchurch and the region who will New Zealand Prime Minister. He was, as a true friend now have to set about rebuilding their lives and their of Victoria, expressing his concerns about the impact of community. To all of those affected, we say that our floods and making a very generous and Victorians stand with you during these tremendously much-appreciated donation to our Red Cross flood difficult times. appeal. I had the pleasure subsequently of meeting with the New Zealand Consul General to accept that The good-natured rivalry between New Zealand and contribution. I want to place on record our most sincere Australia is legendary, but the bonds and friendships thanks for the support of the New Zealand government. are even more timeless. Last week, just two days after In turn, it is only right that Victorians respond in New the disaster, the cricket teams of New Zealand and Zealand’s time of need. It was only a matter of weeks Australia found themselves playing off in a World Cup ago that I was thanking the New Zealand Prime game in India. It was undoubtedly a sombre opening, as Minister for that generous contribution, so it is right that thoughts were very much of home. On Saturday our the government of Victoria do what it can to support own new international team, the Melbourne Rebels, New Zealand now. will be in Hamilton on the North Island to play the Chiefs in the Super 15 series. Our netballers will be We are, along with Queensland, New South Wales and going head to head, and trade will continue across ‘the others, contributing those 100-plus officers and other ditch’, as the Tasman is sometimes affectionately personnel, including those announced today. The known. That trade will continue to grow and to be Department of Human Services has also established a open. reception centre at Melbourne Airport to provide support for people returning from Christchurch. There is a broader Australasian perspective on life. New Zealanders are friends, they are family, and they I advise the house today that the government of are partners with Australia in many businesses and Victoria will donate $2 million to support earthquake enterprises. As I said before, no doubt many members relief and recovery in the Canterbury region and that I in this chamber have personal experiences of time spent have made this offer personally in a letter to the Prime in Christchurch or family or business connections in Minister of New Zealand. I know all Victorians will New Zealand. I am just as sure that those links have support this gesture for our friends across the Tasman, fuelled welling emotions in the last week and inevitably and we will stand by them at every opportunity. some tears.

I am sure that many members of the house will know For me, Christmas is a time for family, a time to be people who have been directly affected by this tragedy. close to all the things we love. Christmas at home in The daughter of one of our own staff was injured in a Victoria, for me, is in that sense very special. Only once car under some debris. While she was quite badly hurt, in my life have I spent Christmas elsewhere. she is recovering, and we are grateful for that. But many others have not been so fortunate. To see the A few years ago, with my wife and children, I spent anguish on their faces reminds us of the things that are Christmas away from home for the first time. We chose most important: family and friends. Anything else pales to visit Christchurch. We walked the streets, we visited into insignificance at times like these. the cathedral, we rode the trams, we picnicked in Hagley Park, we strolled along the banks of the Avon I think all Victorians were buoyed by the story of Anne and we sat in the cafes and squares. We fell in love with Voss, who hails originally from Geelong. She was Christchurch. It truly is a beautiful and peaceful city in trapped under her desk for several days before a stunningly beautiful country. The images of last week miraculously being recovered from a collapsed have been wrenching: Christchurch has been torn apart, building. On emerging she said that the experience will lives have been lost and families and communities

CONDOLENCES

322 ASSEMBLY Tuesday, 1 March 2011 turned upside down. But even on that brief visit with pulled from the wreckage and rubble, some of which my family I sensed a mighty conviction and faith in the the Premier has mentioned. The number of fatalities history, hearts and minds of Christchurch. I have every will increase and more people will have lost or will lose confidence that Christchurch and the region will rise their lives in this great tragedy than is apparent now. again with that same inner strength and determination that sews the silver fern on the breast of every New The Premier noted that many people, both locals and Zealander’s pride. We will do all in our power to assist others, have come from other parts of New Zealand, in that effort, and I know in my heart that through this and indeed the world, to assist the people of time of great trial, as always, God will defend New Christchurch and New Zealand at this difficult time. In Zealand. particular I commend the work of urban search and rescue personnel, whose skills, abilities and sheer Honourable members — Hear, hear! expertise have been on display so clearly in recent floods. Such people have worked to a certain extent in Mr ANDREWS (Leader of the Opposition) — I the Victorian floods, but I make particular mention of join with the Premier in extending the best wishes and those people who have been involved in search and sorrow of members of the parliamentary Labor Party to rescue efforts in Queensland as a result of recent all New Zealanders, particularly those in Christchurch cyclones. I also commend the work of those people and its immediate region. As the Premier has noted, whose skills were essential after the 2009 bushfires in there will be a million stories from this devastating Victoria, particularly those involved in disaster victim earthquake — stories of hope, courage, sadness, grief identification. Theirs is a special skill set, and I and loss. Above all, as Victorians who have commend them for their courage. Their job is very experienced natural disasters as part of our at times difficult and challenging, and they too are working hard tragic and difficult history, we have perhaps a special in New Zealand. appreciation of what the people of Christchurch and its immediate region, and indeed all New Zealanders, are I also commend emergency services personnel from going through at this most difficult of times. Australia who are working in New Zealand and the personnel of the New Zealand emergency services and As the Premier noted, on 22 February, at 12.51 p.m. — others who have come from across the region and just a week ago — Christchurch suffered its second across the globe to provide support. Many individuals earthquake in a very short space of time, the first having have technical expertise, including structural engineers, occurred in September last year. Although lesser in and such people are able to lend a hand. We are all very magnitude, the shallowness of the second earthquake grateful to each of those who have made such an has wrought unprecedented damage and loss of life on important contribution in this difficult time. that beautiful and proud city. As the Premier noted, our state has made a substantial Through the marvels of the digital age members of contribution. Last Friday 116 serving officers of Parliament, parents and all Victorian citizens in all Victoria Police left for Christchurch to provide support capacities have witnessed 24-hour-a-day media and assistance. As was noted, those officers come from coverage of this unfolding natural disaster. We have all the operations response unit and the force response unit, been touched and moved not only by the level of as well as some officers from the transit safety division. devastation in Christchurch but also by the determined Other police officers will provide command and other way in which people have acted to help, including local support. This is an important contingent, and it residents, visitors, other New Zealanders — people represents an important and practical way in which we have moved so quickly to aid victims. Many people, as neighbours and friends can provide help and including the people of Christchurch, have sprung into assistance to the people of Christchurch. action speedily and with courage, and they have shown absolute determination to help out in this darkest hour. I I welcome the Premier’s announcement of a further am sure that such action has been noticed the world financial contribution of $2 million. Every New over and has been a source of inspiration for all of us. Zealander will know that that financial assistance and contribution of personnel comes with the support of all At this time there are 154 confirmed fatalities, and that political parties in this state. I join with the Premier in number is expected to rise. For many and complex expressing our grief and our sorrow. I also extend my reasons only eight bodies have been identified. More congratulations to the Premier for making such a broadly we are all grateful that some 70 people have generous gesture. been rescued alive, and we have all heard the most amazing stories from many people who have been

CONDOLENCES

Tuesday, 1 March 2011 ASSEMBLY 323

A moment ago I mentioned that we in Victoria are no which has been moved by the Premier and supported by strangers to natural disasters, death tolls and great the Leader of the Opposition. In doing so I recognise tragedy. Back in 2009 we had not only the Black the presence in the gallery of Mr Daniel Taylor, the Saturday bushfires but bushfires throughout that season. Consul General of New Zealand to Victoria. On Tuesday, 10 February 2009, John Key, the then and current Prime Minister of New Zealand, and the New Like the members who spoke before me I also would Zealand Parliament, on behalf of all New Zealanders, like to convey the condolences of the Victorian were quick to extend their brotherhood and strong and Parliament to the people of New Zealand and to the enduring support for Victorians when we faced our people of Christchurch in particular as they continue to darkest hour. deal with the aftermath of the devastating earthquake of last week. I now quote from Prime Minister Key’s speech on a motion on The Black Saturday bushfires as recorded in In speaking to the motion before the house I have the New Zealand Parliament’s Hansard. Prime Minister regard to some notes which were prepared for me by Key’s words are as appropriate today as they were then: Lauren Smith, a member of my staff and a proud New Zealander, whose home is about 20 kilometres north of Over the past days, as we have seen the devastation unfolding Christchurch. Thankfully she is here in Australia. Her on our television screens, the enormity of what is happening family is safe. It is on her behalf as well that I make has burned into our consciousness. At times like this the closeness and importance of the relationship between our two these comments. countries comes to the forefront. The outpouring of support from New Zealanders has been genuine and heartfelt. New Zealand has a close-knit community, and the Throughout our relatively short history, the Anzac partnership effects of such a huge disaster continue to be felt by has remained strong. Whether on the sporting field, in everybody in the country and indeed by New business, or in the theatre of war, we are partners. We are Zealanders overseas and in other parts of the world. As competitive, certainly, but at heart we are always friends. At times like this, we realise just how special that bond with the Premier and the Leader of the Opposition have Australia is. remarked, on Tuesday, 22 February at 12.51 p.m., Cantabrians were going about their day-to-day lives. … Children were at school, parents were at work, tourists If words can convey our message to Australia, we say this: in from around the globe were admiring the old the times of greatest need New Zealanders look across the English-style architecture that gives Christchurch its Tasman for support and we immediately find it — our unique character. Families were out shopping and relationship is like no other — and at this time we stand shoulder to shoulder with Australians to battle the blaze that friends were meeting for lunch. All of these people will be marked forever in the history of their great nation. were going about their day-to-day lives in the city of Christchurch, which was designated as New Zealand’s Earthquake and fire are two different things, but the first city in 1856. Following the destructive earthquake sentiments we feel about them are exactly the same. We of September last year and the thousands of aftershocks as a Parliament send back to New Zealanders, through that have occurred since then, the people of their government and prime minister, exactly the same Christchurch are well attuned to the subtleties of earth sentiments. We share the grief, the loss, the pain and the tremors, but this one was like no other. hurt; we extend our best wishes and sympathies at this difficult time. Now, a week on from the disaster, with 154 people confirmed dead and police predicting that the death toll Christchurch and hundreds and thousands of families will rise to around 240, New Zealand and the rest of the will be forever changed by these events. Our thoughts, world are counting the terrible cost. As the nation prayers and deepest sympathies are with the people of mourns we in this Parliament stand beside our friends Christchurch and the Canterbury region and all New in New Zealand and offer whatever assistance we can Zealanders. We return the message that as a parliament provide. and as a Victorian community we understand, appreciate and feel the deep hurt that people in Yesterday the first of the earthquake funerals was held. Christchurch and New Zealand feel at this difficult His family farewelled five-month-old Baxter Gowland, time. On behalf of the state parliamentary Labor Party who was born only two weeks after the September and, I am sure, all people of goodwill across Victoria, earthquake but tragically did not survive last week’s we wish them all the very best at this difficult time. events. Buildings are of course replaceable and the city can be rebuilt, but we can never bring back all those Mr RYAN (Minister for Police and Emergency who were killed in this disaster. The shape of the city, Services) — I rise to support the condolence motion one fears, will never again be the same. The iconic

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Christchurch Cathedral, once a symbol of the city, lies happen when the fury of nature is vented, as occurred in broken, and it is believed 22 people may have perished that great state only weeks ago. We are only two years within its walls. More than 120 people are believed to on from the horrible events of Black Saturday and the have died in the Canterbury Television building, which Gippsland fires, and accordingly the thoughts and also housed a language school. Students from China, prayers of all of us in this Parliament are with those in Japan and the Philippines are thought to have been Christchurch and New Zealand at large as they struggle caught in this building. Just today New Zealand came with what they are now having to accommodate. As the to a standstill as a mark of the country’s respect for Premier and the Leader of the Opposition have those who lost their lives and in a show of solidarity observed, we have provided assistance to the extent that with a city in despair. we can. Police have gone to New Zealand, and they are doing a magnificent job. The urban search and rescue We in Victoria continue to stand alongside our Kiwi teams, together with two paramedics and an engineer, neighbours and to help them through what New have been deployed today. Christchurch at the moment Zealand Prime Minister John Key has said could be lies broken and spent; that is a fact, but I have no doubt New Zealand’s darkest day. As I speak the it will be back. Christchurch CBD is cordoned off. It will remain so for months as rescuers continue to search through the We have such a strong affiliation with New Zealand. rubble that now litters the city. The people of The ANZUS Treaty is but one indication of it. Our Christchurch are coming to terms with how life will people have fought and died under the flags of our continue, how they can return to their homes, to work respective countries in the interests of peace and and to school. The city and its surrounds continue to be supporting each other. I am sure those sentiments are rocked by aftershocks. One can only imagine the horror ever present in the minds of all of us. Of course the of living in that environment. Out of the darkness and relationship between our nations has at times been despair, however, remarkable stories of selflessness and sorely tested. Indeed I was one of those who were at the of the Kiwi spirit have emerged. A more than MCG those years ago when that infamous ball was 3000-strong student army organised by Canterbury bowled by Trevor Chappell, but aside from that University students through social networking site momentary setback, the strength of the association Facebook has rolled up its sleeves and gathered in the between our great countries continues. Like so many suburbs and around the city to shovel the silt and mud other nations around the world, we will continue to that has inundated homes and businesses as a result of provide assistance where we possibly can. the earthquake and the liquefaction that was caused. I fell in love with New Zealand in 1971. I had travelled The people of rural New Zealand have also answered there as a youth and hitchhiked around that great nation the call for help. Over 200 volunteers, whom for some six weeks. On Christmas Day of that year I Christchurch mayor Bob Parker has dubbed ‘the farmy was in the township of Whangerai, up in the Bay of army’, have arrived on tractors armed with shovels and Islands. There were eight of us in the same residence, a packed lunches. The volunteers, who were bolstered by backpackers hostel, and we were about to have over 20 diggers, yesterday removed in excess of Christmas lunch, which involved the prospect of baked 1100 tonnes of the results of liquefaction. In the beans and stale biscuits. About midday there was a beachside suburbs of Red Cliffs, Clifton Hill and knock on the door, and there stood a lady who lived in Sumner a fear of falling rocks remains and many homes the local area. She had with her a huge plate upon have been evacuated. which was a turkey and vegetables. She said to us, ‘My son is hitchhiking in New Zealand. If he were home So it is that Christchurch continues to struggle with this with us, this is what he would be having. Please accept appalling disaster. We in Victoria have an empathetic this on our behalf’. I have loved New Zealand ever and innate understanding of the horror they are since! experiencing. As I speak we are continuing to struggle with the floods that have devastated so many parts of Let it be said, therefore, that as I remarked a moment our state. Over 97 towns across some 27 municipalities ago the thoughts and prayers of all of us in this chamber have been affected. Fortuitously there have been only are with those who continue to struggle with this two deaths as a result of the floods going back all the nightmare. I have no doubt, knowing New Zealanders way to September, but many Victorians are continuing as I do and as we all do, that Christchurch will be back. to struggle. Ms GREEN (Yan Yean) — Each week we return to We have spoken recently in the Parliament about this place with the fear that we may well have another Queensland, which has seen what devastation can condolence motion about events in our region. It is with

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Tuesday, 1 March 2011 ASSEMBLY 325 great sadness that I rise again to speak about such an earthquake. The staff had only recently moved into a event. newer building, and a matter of days before they had been advised by engineers that if there were a further I have been to Christchurch. It is a place of great earthquake they should leave via the back of the beauty, both in terms of its natural and built building. Fortunately they followed that advice and environment, dominated by that beautiful cathedral, survived. which I have been in and around. A city of churches, it also has a beautiful art and craft market that I remember I send my best wishes to the New Zealand community visiting and buying things from. At the time it reminded in Victoria, the Prime Minister, John Key, and the me of Adelaide. A merciless horror has visited this Consul General, Daniel Taylor. place of such great beauty and peace. I encourage Victorians to donate to the Red Cross All human beings hope our passing from this life will appeal as they did following the Black Saturday fires be peaceful and at the time of our choosing. Tragically and as they are still doing now with the floods that have this has not been the case for some 200 or more souls occurred across our country. With my electorate having who are either confirmed dead or missing. The death been afflicted by such a terrible thing as the Black toll has been indiscriminate — babies, shoppers, office Saturday fires I had my heart in my mouth as I saw this workers, media personnel and international students. tragedy unfolding. I put myself in the shoes of the We human beings do our utmost to control nature, but rescuers hoping against hope they would find people despite our best efforts Mother Nature controls us. At alive. It would have been an amazing experience to times such as this, however, our humanity comes to the play a part in rescuing 70 people. fore. Our will to survive and our drive to help others to survive kick in, and ordinary men and women step up I want to pay tribute to the many urologists who and do amazing things for each other. fortuitously were at a conference in Christchurch. In particular I praise the work of Dr Lydia Johns Putra Today at 12.51 p.m., New Zealand time, a crowd of from Ballarat, who was placed in a most difficult hundreds gathered in Christchurch for 2 minutes silence position when in order to save the life of Brian Coker to mark the one-week anniversary of the 22 February she had to do an emergency double amputation with earthquake and to pay tribute to the victims. The Prime only tradesmen’s tools at her disposal. I congratulate Minister and the Leader of the Opposition stood Dr Johns Putra on her work, and I wish her well in her shoulder to shoulder with international search and recovery from such a terrible situation. We can all put rescue staff, emergency services personnel, defence ourselves in the shoes of Ann Voss and her family from force personnel and volunteers from the emergency Geelong. Like many in my community I really operations centre based at the art gallery. The brief and understood when Ann Voss said she is not going to moving service was led by the bishop, Victoria think about the little things anymore — for example, Matthews, and Peter Beck, the dean of Christchurch where her bag is. It is when tragedies like this happen Cathedral. A small pile of bricks and concrete lay in that we think about what is most important to us. front of the dignitaries and representatives of key sites within the central business district. Amongst the rubble I wish the people of New Zealand, and particularly was a lone brick from the cathedral and a single New those in Christchurch, all the best in their recovery. I Zealand fern. welcome the $2 million contribution announced by the Premier today. I wish well our Victoria Police As humans we can always put ourselves in the place of personnel who are doing amazing work over there, led others, something that sets us apart from other species, by Superintendent John Todor, as well as the urban and I think all of us here have been able to put search and rescue people, who are some of the best in ourselves in the shoes of the people who have faced this our country and have indeed trained the New South terrible tragedy. I think of members of Parliament; the Wales and Queensland urban search and rescue teams New Zealand Parliament was sitting as this occurred. that have already gone to New Zealand. I thank the One can only imagine what it must have been like for New Zealand Parliament for the support it showed us in members of Parliament from Christchurch and the response to the Black Saturday fires and say that the Canterbury region, who would have been wondering arms of Australia will reach out across the Tasman. about their families, their homes and their staff. I read that following the September earthquake Brendon In the 24 hours after this dreadful situation began to Burns, the Labour member for Christchurch Central, unfold I remembered when my dear friends Josie and had realised that his office was in an old building and Tony Gomez of Flowerdale were missing for three days that his staff would not be safe in the event of another after the Black Saturday fires, how terrified I felt and

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326 ASSEMBLY Tuesday, 1 March 2011 how I expected I would never see them again. For the Desalination plant: costs 24 hours after the earthquake I tried not to think about my cousin Rosalie Lau; not that I had grave concerns Mr HODGETT (Kilsyth) — My question is to the for her welfare, but I was in the situation of so many Premier. Can the Premier advise the house what action others, not knowing whether or not she was safe. The the government has taken to reveal the true cost to email I received from her was one of the best I have Victorians of the previous government’s desalination ever received, and I will read from it: plant?

The damage in ChCh — Ms Allan — On a point of order, Speaker, I would appreciate your guidance to the house. that is, Christchurch — The SPEAKER — Order! I am sorry — — is dreadful and much worse than the September quake with many lives now lost. Roads are buckled and many more buildings ruined. Ms Allan — Perhaps if I could make the point of order, then we could have a discussion about it. … Honourable members interjecting. We are getting numerous strong aftershocks, last night and today, and they’re simply uncomfortable and unpleasant. The Ms Allan (to government members) — That is the quake itself was brief but violent. In my office the computer was thrown off the desk and filing cabinet drawers flew open Speaker; you are the government. Let us just do this. and there was mess everywhere. I walked across town shortly after the quake with an upset colleague to find her sister and The SPEAKER — Order! I know who the Speaker the city centre was chaos. is, and I am saying: what is the point of order?

Who would have expected that quiet little Christchurch would Ms Allan — The point of order, Speaker, is to seek have turned on two massive earthquakes … very sad for many people, the city and the economy too. some guidance from you. There are previous Speakers’ rulings regarding references — — I wish all of New Zealand and the Cantabrians the best in their recovery at this difficult time. It will take them The SPEAKER — Order! I am not here to give many years. I quote from the beautiful national anthem guidance in regard to this matter. of New Zealand: Mr Andrews — On a further point of order, God of nations at thy feet, Speaker, the member for Bendigo East has attempted to In the bonds of love we meet, raise a point of order. Hear our voices, we entreat, God defend our free land. Honourable members interjecting.

Debate adjourned on motion of Mr McINTOSH Mr Andrews — Much like what is going on now, (Minister for Corrections). she was not being heard. She was not even given an opportunity to complete her point of order. I wish to Debate adjourned until later this day. know how you could rule, without hearing it, that there was no point of order.

QUESTIONS WITHOUT NOTICE The SPEAKER — Order! There was no point of order. Police: chief commissioner Mr Hulls — On a point of order, Speaker, as you Mr ANDREWS (Leader of the Opposition) — My would know, under the standing orders and under question is to the Minister for Police and Emergency previous Speakers rulings, any member is entitled to Services, and I ask: does the minister have full raise a point of order at any time, and one would have confidence in the police commissioner, Simon thought that before a Speaker can rule on the point of Overland? order, the Speaker is entitled to hear the point of order.

Mr RYAN (Minister for Police and Emergency The SPEAKER — Order! There was no point of Services) — I thank the Leader of the Opposition for order. The member was seeking clarification, and there his question. Yes. was no point of order.

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Ms Campbell — On a point of order, Speaker, I Ms Allan — On a point of order, Speaker, the raise a point in relation to the leader of opposition Premier is now referring to the actions of a — — business. Her last phrase was ‘I refer to Speakers’ rulings’. At that point she was sat down by you. I ask The SPEAKER — Order! What is the member’s why that was done. point of order?

The SPEAKER — Order! The reason it was done Ms Allan — Perhaps, Speaker, if I could conclude was that there was no point of order. The question was my point of order — — in order, and therefore there was no point of order. I call on the Premier. The SPEAKER — Order! Stop the clock.

Mr BAILLIEU (Premier) — I thank the member Ms Allan — My point of order is that there are a for Kilsyth for his question, and this is an important number of rulings in Rulings from the Chair where question. We expressed our concerns in opposition references in answers to the previous government about the desalination project, the cost of the administration have been ruled out of order, and I desalination project and the former government’s would like you to ask the Premier to desist from secrecy about it. We undertook to examine the contracts referring to a previous government administration and with AquaSure to determine whether there was any to refer to his own government administration, given opportunity for the state of Victoria to make savings. that this is his policy he supported at the 2006 election.

Honourable members interjecting. The SPEAKER — Order! There is no point of order. There was no direct criticism of the opposition. The SPEAKER — Order! The member for Lyndhurst has a first warning. Mr BAILLIEU — It is quite obvious that the opposition is incredibly embarrassed about this ruinous Mr BAILLIEU — Having examined that contract legacy. Members on its front bench are holding back in detail, it is now apparent to us that one of the things the future and maddening the rest of the party. This that is watertight about the desalination plant is the project will cost Victorians for years to come. contract. It has been determined that there are no feasible material savings to be made in the contract, and Mr Nardella — On a point of order, Speaker, on as a consequence Victorian water users now face page 155 of Rulings from the Chair it says in regard to significant bills for the next 30 years. We undertook to a previous government’s administration: be open and transparent about this contract, unlike the In answering questions, ministers can refer to the situation of previous government — — the state when they took office, but should only make passing reference to the activities of a previous government. Mr Eren interjected. I ask you, Speaker, to bring the Premier back to The SPEAKER — Order! The member for Lara answering questions on his government’s has a first warning. administration, not on — —

Mr BAILLIEU — The cost to Melbourne water Mr Baillieu interjected. users for the year 2012–13, regardless of whether any water is ordered or delivered, will be $654 million. If Mr Nardella — I have not finished my point of the full 150 gigalitres is ordered, that cost will rise to order yet — not on attacking the opposition — — $763 million for the year. All in all, over the next Honourable members interjecting. 30 years Victorians face a total bill of over $23 billion if the water is ordered, but if the water is not ordered The SPEAKER — Order! I advise members of the there will still be this enormous cost. Even if there is government that points of order will be heard in silence; only a twinkle — a Twinkle, Twinkle! — of water that also goes for members of the opposition. emerging from the desalination plant, there will be an enormous cost. It will be, as one of our major Mr Nardella — The Premier should not be newspapers, the Herald Sun, reported today, a ‘ruinous attacking the previous administration, the current legacy’ of the previous government. The architect of opposition or members of this opposition. the ruinous legacy of the previous government remains on the front bench, holding back others on the back Mr BAILLIEU — On the point of order, Speaker, bench — — the member stakes his claim on a passing reference.

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The passing reference on which the member stakes his of the failed desalination plant policy of the previous claim is the next 30 years of this ruinous legacy. government. It is about the next 30 years that Victorians have to pay water bills. It is about the future and what Honourable members interjecting. Victorians have to pay; it is absolutely relevant.

The SPEAKER — Order! The Premier has The SPEAKER — Order! The Chair has heard completed his answer. I do not uphold the point of enough on the point of order and does not uphold the order. point of order. The question was in regard to the impact on water bills. Police Association: government pay undertaking Mr WALSH (Minister for Water) — I congratulate the Premier for lifting the veil of secrecy on the Mr MERLINO (Monbulk) — My question is to the desalination project. Premier. I refer the Premier to comments from the secretary of the Police Association Victoria that the Ms Thomson interjected. Premier’s current offer on wages breaches an undertaking to the Police Association, and I ask: what The SPEAKER — Order! The member for specifically was that undertaking? Footscray has a first warning.

Mr BAILLIEU (Premier) — The log that has been Mr WALSH — I thank the member for Carrum for tabled by the department, indeed by the Minister for her question. As an MP with a young family, she Police and Emergency Services, is consistent with all understands the cost of living pressures on her family, indications that we have given to all stakeholders — — on the constituents in her electorate and on all Victorians. The access charge, the $654 million that the Honourable members interjecting. people of Victoria will pay every year — or what will become known as the Holding desalination tax that they The SPEAKER — Order! Opposition members will have to pay every year — will flow through into will have the opportunity to ask another question at a household bills for the next 30 years. So a young person later stage, but across the table during the Premier’s leaving school this year will pay the Holding answer. desalination tax until they are nearly 50 years old. For 25-year-olds who are buying their first home it will Mr BAILLIEU — It is consistent with all mean they will be paying the Holding desalination tax stakeholders interests and all enterprise bargaining until they reach retirement age — for all their working arrangements. lives. While they are making their mortgage Desalination plant: water charges payments — Ms Allan interjected. Mrs BAUER (Carrum) — My question is to the Minister for Water. Can the minister outline to the The SPEAKER — Order! The member for house the impact on Victorian families and their water Bendigo East has a first warning. bills of the previous government’s desalination debacle? Mr WALSH — they will be paying the Holding desalination tax for the rest of their working lives until Ms Allan — On a point of order, Speaker, the they retire. As I said, the member for Carrum purpose of question time is meant to relate to current understands that struggling families will have to pay government administration. There are numerous rulings this tax effectively for their whole working lives. As the from the Chair that indicate that references to previous Premier said in 2006, there needed to be a smaller government administrations are out of order. The desalination project that was realistically priced, not the question was framed solely around the previous largest desalination project in the Southern Hemisphere government’s administration and is therefore out of that is ridiculously priced. Because Victorians are going order. Perhaps the member may be afforded the to — opportunity to redraft the question. Ms Thomson interjected. The SPEAKER — Order! There is no point order. The SPEAKER — Order! The member for Dr Napthine — On the point of order, Speaker, the Footscray has a second warning. question is absolutely relevant. The question goes to the impact on future water bills of all Victorians as a result

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Mr WALSH — pay in excess of $650 million every Environment and Natural Resources Committee, which year, whether any water is taken or not. That means that noted that Melbourne requires a 150-gigalitre capacity the people of Melbourne will have an extra $400 per desal plant. year on their water bills effectively to pay for the desalination project, whether any water is taken or not. The SPEAKER — Order! There is no point of order. There is no apology needed. The minister has Mr Eren interjected. completed his answer. The SPEAKER — Order! The member for Lara Energy: concessions has a second warning. Ms D’AMBROSIO (Mill Park) — My question is Mr WALSH — We all know there was a drought, to the Minister for Community Services. I refer the and we all know that something needed to be done minister to the Premier’s promise of a 17.5 per cent about water supply, but it needed to be done over the year-round energy concession on electricity bills, and I period of the drought not as a panic decision at the end ask: will this 17.5 per cent reduction also include the of the drought that effectively will cost Victorians off-peak energy concession rate? $23 billion over the next 30 years. Victorians will know for the next 30 years that the Holding desalination tax Ms WOOLDRIDGE (Minister for Community of at least $400 per year will be placed on their water Services) — I thank the honourable member for her bills question. I am pleased to have the opportunity to talk about the incredible commitment that the Baillieu Mr Nardella — On a point of order, Speaker, for government has made in relation to energy concessions. many generations now within this Parliament it has What this government has been prepared to do, which been the position that a government or a minister of the no other government has been prepared to do, is give a Crown must not attack another member of the house, year-round electricity concession to disadvantaged either in this chamber or the other chamber. We have Victorians who need that support. It is a contribution of just had — hundreds of millions of dollars to the cost of living for many who are living under extreme pressure as a result The SPEAKER — Order! Stop the clock. of the 11 years of neglect. We will continue to fulfil

1 that commitment. We have delivered and brought Mr Nardella — a berating for about 3 ⁄2 minutes — — forward the electricity concessions to 1 March. There is An honourable member — And he had to read it. an extra $22 million in families’ pockets as a result of the initiative of the Baillieu government. We are Mr Nardella — And he had to read it. It was an committed to delivering on our election promises. We attack on the honourable member for Lyndhurst. That is have delivered; we have brought it forward. We are absolutely inappropriate. I ask you, Speaker, to be doing that exactly in line with what we intended to do. aware of the past rulings that have been there for many generations — Ms Green interjected.

The SPEAKER — Order! I am very much aware of The SPEAKER — Order! The member for Yan the rulings. Yean has a first warning!

Mr Nardella — and to bring to order ministers Emergency services: volunteers when they transgress those very important rulings. Mr McCURDY (Murray Valley) — My question is The SPEAKER — Order! I have heard enough. to the Deputy Premier, who is the Minister for Police Has the minister completed his answer? and Emergency Services. Will the minister outline to the house how the coalition government is supporting I do not uphold the point of order; I heard what the and respecting Victoria’s hardworking emergency member said. services volunteers?

Mr WALSH — If the member for Lyndhurst feels Mr RYAN (Minister for Police and Emergency ashamed of the desal project, I feel sorry for him. Services) — I thank the member for his question and for the great support he has given to his community Ms Campbell — On a point of order, Speaker, I during the course of the difficulties experienced by it as wonder if you might afford the minister the opportunity a result of the floods that have occurred since to make a personal explanation, given his support of the September. I also thank the many emergency services

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330 ASSEMBLY Tuesday, 1 March 2011 volunteers who have contributed in his region as well as Lifesaving Victoria and its various clubs, the State in other parts of the state. Emergency Service units and the various other volunteer organisations around the state of Victoria. The Victorian Liberal-Nationals coalition in government is committed to providing record support During last year’s campaign we committed to for emergency services volunteers. What we intend to extending the equipment grants for emergency services do as a government is give to volunteers the respect and volunteers for a further four years, and that is what we recognition they deserve. Last Sunday I had the great have done in delivering on this commitment. Over the honour to join with the Premier and the members for four years this program will deliver a total of Ferntree Gully, Yan Yean and Monbulk to attend the $48 million. That is to be married with the $2.5 million fire station at Upper Ferntree Gully to mark the that was provided by the previous government for these occasion of the signing of the all-important charter, grants in 2009–10. This is a great initiative by a which is the agreement that has been struck between the government which continues to deliver on all of its Country Fire Authority volunteers, the CFA and the election promises. government. The intention was to renew the commitment that was made previously to take it a step The SPEAKER — Order! The minister’s time has further from that which has prevailed until now under expired. the previous government. Energy: concessions During the course of the day we met one of the great characters of the CFA, Captain Peter Smith. This is a Ms D’AMBROSIO (Mill Park) — My question is man who proclaimed that he did not have much of a for the Minister for Community Services. Can the way with words, but once he got the rostrum it was a minister confirm that the exact start date for the hell of a task to get it away from him, I can tell you, year-round energy concession will be 1 March this Speaker! He did a great job. year, and what will be the cost?

The charter that was signed acknowledges that Ms WOOLDRIDGE (Minister for Community volunteers remain the core strength of the CFA and that Services) — I thank the honourable member. If she had the signatories to that charter are committed to ensuring listened to my last answer, she would know that I said that volunteers are fully and fairly consulted in relation the concession will be applicable from 1 March at a to issues that affect them. We intend as a government to cost of an additional $22 million, which will go into the enshrine the charter in legislation which will be pockets of Victorian families — money that they will introduced to this chamber as a further step in the save as a result of the initiative of the Baillieu recognition of the importance of the volunteers. That government. will be the fulfilment of yet another election This is a fantastic initiative for families right across the commitment which we made to the CFA volunteers in state who have been under great cost of living pressure the run-up to the election. because of the 11 years of neglect by the previous We have also moved quickly to implement other Labor government. There will be $22 million from commitments to emergency services volunteers and to 1 March and an additional $350 million for the four boost the funds available to them in their various forms. years from 1 July. This will make a huge difference for That applies to surf lifesavers and firefighters, because families right across the state. I am pleased that retailers the volunteers are the backbone of our emergency are already implementing these changes to make sure services. What we want to do is ensure that they have that all families will get the discounts on their bills and the best equipment available. rebates associated with the costs they pay. We are delivering for Victorian families. Late last month, on 20 February, I announced that the Victorian Liberal-Nationals coalition government will Liquor licensing: fees provide more than $11 million this year alone for the Mr WELLER (Rodney) — My question is to the volunteer emergency services equipment program. It Minister for Consumer Affairs. Can the minister advise replaces the previous community safety emergency the house of what action the Baillieu government has support program. It provides grants of up to $100 000 taken to reform liquor licensing fees for small on a $2 for $1 basis. This will enable the provision of businesses, sporting clubs and community groups additional safety equipment to our various volunteer across Victoria and what the response has been to these agencies. The grants are open to the Australian changes? Volunteer Coastguard flotillas, the CFA brigades,

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Mr O’BRIEN (Minister for Consumer Affairs) — I An article in the Shepparton News states: would like to thank the member for Rodney for his question and acknowledge his ongoing battles to restore Guido and Sandra Vazzoler, who own and manage Longleat Winery at Murchison … fairness to liquor licensing fees in this state. The Baillieu government supports our community groups, ‘Our renewals have already come through and they’re much sporting clubs and small businesses across Victoria. less than before … They are the lifeblood of our community; they bring … It’s fantastic to see that the government have the capacity people together for recreation, common interests and to rethink the fees and how they affect small businesses’. sport. They provide jobs, and they are the glue that binds our community. But under the previous An article in the Sunbury Leader states: government these groups were attacked through Goonawarra Golf Club general manager Jeff Graham said the massive and indiscriminate liquor licensing fee hikes. reduction would save the club $600 this year. ‘In essence it will help maintain the golf course’, he said. ‘We are a Mr Wynne interjected. not-for-profit organisation here to serve our members’. The SPEAKER — Order! This is the member for The reduction was big news for the Woodend RSL. Richmond’s first warning. Vice-president and bar manager, Reg Till, said the club’s $395 saving would go towards paying for the recent Mr O’BRIEN — The previous government replacement of windows. obviously believed that the reason people thought twice ‘It’s more realistic than before’. he said. ‘It is pretty hard, about walking down King Street at 3 o’clock on a we’re all volunteers, if we didn’t volunteer we’d have to Saturday morning was the RSL clubs, cricket clubs and charge hotel prices and we want to give our members a bit of a discount’. bowls clubs. Why else would it have been attacking them through those massive increases in liquor The Victorian Tourism Industry Council chairman, licensing fees? How else can you explain the previous Jeremy Johnson, is quoted in the Campaspe News as government’s decision to increase restricted club saying: licence fees by 1056 per cent over just two years? How could you explain the increase to limited renewable Liquor licensing fees directly contribute to the cost of running licence fees of 593 per cent over just two years? That is a business and the cut in fees will ease the pressure on many small businesses that are facing higher rents and wage costs. why we went to the election with a policy of restoring fairness to liquor licensing fees in Victoria. By encouraging licence-holders to be more responsible in their service of alcohol by offering lower licensing fees as a The coalition pledged to slash fees for BYO permits; reward, binge drinking and violent behaviour is more likely to for restricted club licences; for vignerons, restaurants be curbed. and cafes; and for limited licences from over $400 The Falls Creek Alpine Association was: under Labor to $200 under the coalition. Clubs with full club licences without gaming machines were facing … very pleased that consumer affairs minister Michael fees of $812 under Labor and just $400 under the O’Brien has acted promptly to deliver one of the coalition. We promised to deliver fee reductions to government’s election commitments. 10 500 licensees. We did not just deliver, we The South Croydon Cricket Club president is quoted as overdelivered, because 11 245 community groups are saying any financial help was a bonus. Another Labor benefiting now from the coalition’s liquor licensing fee problem fixed; another coalition promise delivered. reductions. Honourable members interjecting. Here is what some have had to say. I refer to an article in the Riverine Herald in the member for Rodney’s The SPEAKER — Order! The minister’s time has electorate: expired. Savoury Bite owner-operators Lindy Guthrie and Melissa Energy: concessions Lethlean said they were glad the changes had been made. ‘We’re glad the government has made these changes’, Mrs Lethlean said. ‘We don’t sell a lot of alcohol, so if the Mr HOLDING (Lyndhurst) — My question is to previous government had have continued, we probably the Minister for Community Services. I refer the wouldn’t have bothered with a liquor licence. Things like this minister to the ministerial order titled ‘Concessions can have a huge impact on small operators’, Mrs Guthrie said. delivered by electricity retailers order 2011’, published in the Victoria Government Gazette on 24 February 2011 under her name. I ask: given that the order states

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332 ASSEMBLY Tuesday, 1 March 2011 that concessions will start on 24 February, instead of on I was advised that the break-up of the $8 million was 1 March, will the minister inform the house of the exact $2.7 million to Little Bourke Street, $1.21 million to amount that she has sought from the Department of Lonsdale Street and $3.1 million to Lygon Street. The Treasury and Finance to fund this? total was $7.2 million, and there was $800 000 for administration costs. An extra $2.7 million was Ms WOOLDRIDGE (Minister for Community provided by the City of Melbourne, bringing the total Services) — I thank the member for his question. For amount of the fund to over $10 million. the third time, $22 million will be in the pockets of Victorian families as a result of the bringing forward of I requested an update on the project and was a bit these concessions. That is what is going to make the surprised at what I found out about the costings. Again difference to Victorian families, and the only people it showed that the Labor Party cannot manage money. who are — — The former government paid almost $3 million for light improvements. It paid $400 000 to have someone write Honourable members interjecting. a book on the three precincts: $200 000 was contributed by the City of Melbourne and $200 000 of taxpayers The SPEAKER — Order! You asked for an money was used for stories to be written on the three answer. Just wait in silence, and you will get an answer. precincts.

Ms WOOLDRIDGE — The only people who are But the one that got my attention — and the Speaker delivering for vulnerable Victorian families are will be happy about this one — was $120 000 for a members of the Baillieu coalition government — and sculpture at the southern end of Lygon Street outside we will make a real difference for Victorian families. the Trades Hall Council building in partnership with the Ms Allan — On a point of order, Speaker, I seek Trades Hall Council and RMIT. It is titled Monument leave to table the Victoria Government Gazette of for Future Acts, but public servants call it the ‘stairway Thursday, 24 February, containing the order signed by to nowhere’, because it is only a stairway. When you the Minister for Community Services titled get to the top you turn around and walk down again. ‘Concessions delivered by electricity retailers order According to the submission, which I am happy to 2011’. It says the order takes effect on the date on provide to the Leader of the Opposition: which it is published in the Victoria Government The work consists of two freestanding … sets of stairs leading Gazette, being 24 February, not 1 March, as referred to up to elevated platforms … These two structures replicate the four times in the minister’s press release. dimensions of the two halves of the main staircase within —

The SPEAKER — Order! I uphold the point of the Victorian Trades Hall Council. order. The minister has concluded her answer. Monument for Future Acts includes two different … panels … The first is situated at the top of the southern Cultural Precincts Enhancement Fund: structure … and provides a short history of the eight-hour day management movement …

Ms MILLER (Bentleigh) — My question is to the The second … panel is situated at the top of the northern staircase … Using a more dynamic language, this second Minister for Multicultural Affairs and Citizenship. Can panel invites the viewer to turn around and watch the very the minister update the house on progress regarding the beautiful (and cinematic) motion of the red flag flying from Cultural Precincts Enhancement Fund? the rooftops of Trades Hall …

Mr KOTSIRAS (Minister for Multicultural Affairs I cannot see the connection that has with Lygon Street. and Citizenship) — I thank the member for Bentleigh I have managed put a stop to that — — for her question. As most members will know, in the 2006–07 budget the previous government promised Honourable members interjecting. $8 million to the Cultural Precincts Enhancement Fund. The SPEAKER — Order! Things were going The chairs of the three precincts were: for Lonsdale reasonably well until the last question. I ask that all Street, the member for Dandenong; for Little Bourke members hear the minister in silence. Street, the member for Clayton; and for Lygon Street, the former member for Brunswick. At the time I Mr KOTSIRAS — The only connection with supported the fund, and I still do. I thought the fund Lygon Street was that a member of Trades Hall Council was appropriate and that some of the projects would was of Italian descent and was also a member of the make sure those precincts were relevant to today and Communist Party. It is a shame that the former would provide a link between the past and present. government attempted to spend $120 000 on such a

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Tuesday, 1 March 2011 ASSEMBLY 333 project. I have stopped it, and the money will be used SUSPENSION OF MEMBER wisely. Once again it shows that the Labor Party cannot manage public funds. Member for Niddrie

The SPEAKER — Order! The time for questions The SPEAKER — Order! Under standing has concluded. order 124 I will remove the honourable member for Niddrie from the chamber for 30 minutes. Mr Hulls — On a point of order, Speaker, I refer to comments made by you and reported in the Sunday Age Honourable member for Niddrie withdrew from of 13 — — chamber.

The SPEAKER — Order! The member has written Mr Andrews — Speaker, as is your right under to me, and I have responded to that correspondence. If standing orders, you have just ejected a member for a he wishes to continue discussions on this, he can see me period of time. I am uncertain as to why. He did not in chambers later. The time for questions has have the call; he was speaking; he was not on his feet. concluded. He was simply sitting down, and you have decided to eject him. I and the members of the parliamentary Mr Hulls — Further on the point of order, as the Labor Party would be indebted to you if you would Speaker would be aware, any member has the right to explain to us the basis for your ruling. I am not raise a point of order. I raise a point of order in relation challenging your ability to make such a ruling, Speaker, to comments that you had made — — but would you mind enlightening us as to why you made it? The SPEAKER — Order! I have ruled on the member’s point of order. I said that I had written back The SPEAKER — Order! I do not have to explain to him and that if he wished to discuss this further, I the ruling to the member. I have in fact made the ruling. would speak to him in chambers afterwards. Honourable members interjecting. Mr Andrews — On a point of order, Speaker, is it your ruling that you will rule on points of order before The SPEAKER — Order! The member for you have even heard them? If that is your position, how Richmond is warned again! can that possibly be consistent with the orderly functioning of this chamber? Surely you must hear the Mr Andrews — On a further point of order, point of order before you can possibly rule on it. To do Speaker — — otherwise, I put to you with the greatest of respect, is The SPEAKER — Order! I will call the member; I quite unfair. have not called him yet. The Leader of the Opposition, The SPEAKER — Order! I ruled on the point of on a point of order. order. It was in regard to a letter that had been Mr Andrews — Thank you for the call, Speaker. sent — — On a further point of order — it is simply a matter for Honourable members interjecting. clarification — is it your position that you are not required to explain your rulings to me or to any other The SPEAKER — Order! I have heard what the member of this chamber? If that is the position, I would argument is. I read the letter that was sent to me. I do be grateful if you would clarify that, Speaker. Did I not wish to enter into it any further. I am not going to mishear you, or is that your position? hear any more on this matter. If the member wants to speak further on it, he can see me in chambers The SPEAKER — Order! There is no point of afterwards. Sit down. order.

Honourable members interjecting. Mr Andrews — Is your position that you do not need to explain yourself to any member of this The SPEAKER — Order! If the member for chamber, Speaker? Niddrie wishes to continue disobeying me, I will have him removed from the chamber. So make up your The SPEAKER — Order! I explained the point of mind. You will be removed from the chamber. order to the member for Niddrie and said that if he wished to speak about it further in my chambers I would speak to him. Now that is it.

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Honourable members interjecting. seeking to pursue a debate with you, Speaker. They are seeking to invite you to make rulings, but you have Mr Andrews — On a further point of order, correctly and appropriately ruled that these preceding Speaker, the question I am raising has nothing to do points of order are out of order, and that ruling by you with the member for Niddrie or with the decision of is correct because they are not points of order. I submit whether you are entitled to eject him from the chamber. that the same applies to the point raised by the member for Pascoe Vale, which is seeking to pursue a debate, The SPEAKER — Order! Thank you. and that you should also rule that point of order out of Mr Andrews — I am simply asking: did I hear you order. correctly when you just, I think, indicated that you do Ms Allan — Speaker, on the point of order — as not believe you are required to explain your rulings to you are obviously following the debate and will rule on me or to any other member of this chamber? If that is this point of order — I would point to both standing your position, I would ask that you clarify that and orders and sessional orders, which clearly establish the make it absolutely clear. I think that is what I heard you precedent for any member to stand and make a point of say. Was I mistaken? order and for that point of order to be heard and then, The SPEAKER — Order! I have heard enough. following that, to be ruled upon. As we have put to you This has all arisen from an issue about which the today, there have been a number of occasions where we member for Niddrie wrote to me as the Speaker and I have not even been given the opportunity to put our answered in a letter back to him. That was my answer. point of order or to be heard in making those points of order. That is why we are concerned, Speaker, to hear Ms Campbell — On a point of order, I seek your very clearly your rulings when ruling on points of order clarification, Speaker. Since we have arrived in this from the opposition benches. chamber this afternoon — — It will clearly assist the operation of the house if we The SPEAKER — Order! What is the clarification have a clear understanding of why you are making you seek? What is your point of order? those rulings, why you have ejected without recourse the member for Niddrie, why he has been thrown out of Ms Campbell — Speaker, I am asking you to this chamber unceremoniously when he was not even explain to this house two things: firstly, why was the making a noise but was merely wanting to pursue his leader of opposition business sat down before she had right as a member of this house, as is established under even finished her effort to make a point of order? Could sessional orders, as is established under standing orders, you explain that so that we understand it and we do not to make a point of order. That is nothing more and make an error as far as you are concerned? Secondly, nothing less than what we are asking for — that is, for the Deputy Leader of the Opposition was sitting quietly the well-established precedent that is put forward in in his chair, he did not make a point and you evicted standing orders to be followed in this chamber. him. It is important for us to understand, Speaker: if we are sitting in our seats and you decide that you do not Mr McIntosh — On the point of order, Speaker, I want us in the chamber, on what basis do you do that rise to support the Attorney-General on this matter. The when we are sitting quietly, not speaking and not being fact is that the point of order is a matter that you have disruptive? ruled upon, and that should be the end of the matter. Any other points of clarification can be made Mr Clark — On the point of order, Speaker — and elsewhere. You have made your ruling, Speaker, and the same observation applies in relation to the previous you should stick by it. We need to get on with the point of order by the Leader of the Opposition and by business of this house and the very important matters sundry others — I think those who raise what they that have to be properly debated. purport to be points of order in fact misunderstand the nature of a point of order. The SPEAKER — Order! I have heard enough on the point of order. I want to get on with the business of A point of order is ‘to draw the Speaker’s attention to a the house. I am sorry; I have heard enough. matter of order relating to the conduct of the business of the house of which the Speaker might not be otherwise Honourable members interjecting. aware’. The points of order raised by the member for Pascoe Vale, by the Leader of the Opposition and by Mr Andrews — Why don’t you give us a ruling? sundry others show that those members completely The SPEAKER — Order! I have given the ruling. I misunderstand the purpose of a point of order. They are do not uphold the point of order that you have raised.

COUNTRY FIRE AUTHORITY AMENDMENT (VOLUNTEER CHARTER) BILL 2011

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Honourable members interjecting. been put forward. I have ruled on those points of order. I do not have to give you an explanation for every point The SPEAKER — Order! I have not upheld the of order, so now we can return to the business of the points of order raised by the member for Pascoe Vale, house. the Leader of the Opposition or the member for Bendigo East, because I believe the decisions I have made have been the right decisions. COUNTRY FIRE AUTHORITY AMENDMENT (VOLUNTEER CHARTER) Honourable members interjecting. BILL 2011 The SPEAKER — Order! You may not agree, but Introduction and first reading that is the decision I have made. Mr RYAN (Minister for Police and Emergency Mr Andrews — On a further point of order, Services) — I move: Speaker, it would seem that it is your ruling that you need not provide a reason but simply make a ruling. That I have leave to bring in a bill for an act to amend the That is fine, if that is your ruling. I, and all my Country Fire Authority Act 1958 and for other purposes. colleagues too, are very keen to get on with the business of the house, but I would ask you to Ms ALLAN (Bendigo East) — I ask the minister for consider — — a brief explanation of the bill.

The SPEAKER — Order! This is not a further point Mr RYAN (Minister for Police and Emergency of order. You have argued this case before, and I have Services) — This bill will deliver on yet another not upheld the position that you have taken. election commitment made by the Baillieu government. It will serve to enshrine relevant provisions of the Mr Andrews — You have not heard the point of charter which has been signed between the government order. So now a ruling is okay, Speaker; now you are and the Country Fire Authority and the great giving us a reason? volunteers, who comprise 97.5 per cent of the workforce of the Country Fire Authority. The SPEAKER — Order! You are disputing my rulings. Motion agreed to.

Mr Andrews — No, I am not; I am not at all. I am Read first time. simply seeking some clarification from you. If you are unwilling to give it to me, I will sit down. If you are unwilling to give me clarification on a matter you have PARLIAMENTARY COMMITTEES not even heard yet, I will sit down. Is that what you AMENDMENT BILL 2011 would prefer? You would like me to sit down? Is that Introduction and first reading what you would prefer, Speaker? For Mr BAILLIEU (Premier), Mr McIntosh The SPEAKER — Order! I have ruled on the introduced a bill for an act to amend the points of order, and I would like to get on with the Parliamentary Committees Act 2003 and for other business of the house and the legislative program. purposes. Mr Andrews — Speaker, I was simply going to ask Read first time. that you might consider writing to me — —

The SPEAKER — Order! You are disputing my REGIONAL GROWTH FUND BILL 2011 position, and I do not want to — — Introduction and first reading Mr Andrews — No, I am trying to make a point of order; that is all I am trying to do. If I have the call, I Mr RYAN (Minister for Regional and Rural have the call. Development) — I move:

Honourable members interjecting. That I have leave to bring in a bill for an act to provide for a fund to be called the Regional Growth Fund to be established The SPEAKER — Order! I have heard for in the Public Account as part of the Trust Fund, to amend the probably the last half hour or more arguments that have Regional Development Victoria Act 2002, to repeal the

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Regional Infrastructure Development Fund Act 1999 and to The SPEAKER — Order! An explanation of the make a consequential amendment to the Parliamentary bill. Committees Act 2003 and for other purposes. Ms ALLAN (Bendigo East) — I ask the minister to Mr O’BRIEN — We flagged as part of our election give a brief explanation of the bill. commitment that we would be introducing amendments to the liquor licensing and other laws that would Mr RYAN (Minister for Regional and Rural provide for barring powers for licensees and police, Development) — This is again the fulfilment of yet increase the penalties for drunk and disorderly offences, another election commitment which the Baillieu increase the penalties for failing to leave a venue when government made prior to 27 November. Very proudly drunk, violent or quarrelsome and introduce new I bring this bill to the house. It will establish the offences to better maintain security in and around the $1 billion Regional Growth Fund with money which vicinity of licensed venues. will be used for the purposes of making the lives of regional Victorians better and doing it in a far more Motion agreed to. flexible manner than the former government did with Read first time. all its programs. It will ensure that the money is not only talked about but is delivered to regional Victorians, who I know support this legislation as PETITIONS broadly as they do the government across the country regions of this great state of Victoria. At last they will Following petitions presented to house: see fairness prevail with regard to the funding that is provided by way of reasonable support for regional Dromana: stormwater drain Victorians. To the Legislative Assembly of Victoria:

Honourable members interjecting. The petition of the residents and visitors of Nepean electorate in Victoria draws to the attention of the house the unsightly The SPEAKER — Order! Second warning! health hazard and unsafe stormwater drain and associated pond and scour channel adjacent the pier at Dromana. The Motion agreed to. damage this ugly and dangerous drain causes to the beach at this popular venue has marred the enjoyment of this locality Read first time. by the community for many years and is worsening. The petitioners therefore request that the Legislative Assembly of Victoria request Melbourne Water to urgently JUSTICE LEGISLATION AMENDMENT rectify the hazard of this drain ahead of the celebrations to BILL 2011 recognise Dromana’s 150 years as a township in 2011 and implement measures to ensure the drain outlet is relocated or Introduction and first reading otherwise reduce its damaging impact on the beach.

Mr O’BRIEN (Minister for Consumer Affairs) — I By Mr MORRIS (Mornington) (12 signatures). move: Morwell–Traralgon bike path: funding That I have leave to bring in a bill for an act to amend the Liquor Control Reform Act 1998 to provide for persons to be To the Legislative Assembly of Victoria: barred from licensed premises and their vicinity in certain The petition of the residents of Gippsland draws to the circumstances, to amend the Summary Offences Act 1966 to attention of the house the failure of the Brumby government increase the penalties for being drunk and disorderly, to make to provide funding for a feasibility study for the construction other amendments to those acts and for other purposes. of a bike path linking the close townships of Morwell and Traralgon despite increased health, social and environmental Ms D’AMBROSIO (Mill Park) — I ask the benefits. minister to provide a brief explanation of the bill to the house. The petitioners therefore request that the Legislative Assembly of Victoria call upon the government to provide a Mr O’BRIEN (Minister for Consumer Affairs) — funding commitment to establish a Morwell to Traralgon bike path link for the benefit of the residents of the Morwell This bill represents the fulfilment of yet another electorate and the wider Gippsland community. Baillieu government election commitment. We knew Victorians were sick and tired of the antisocial By Mr NORTHE (Morwell) (879 signatures). behaviour that was running riot under Labor after 11 years.

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Electricity: smart meters together with appendices.

To the Legislative Assembly of Victoria: Tabled.

The petition of citizens of the state of Victoria draws to the Ordered to be printed. Legislative Assembly’s attention the Brumby government’s mismanagement of smart meters, in particular: Statute Law Revision Bill 2011 the Auditor-General’s finding that the project cost has blown out from $800 million to $2.25 billion, all of Ms CAMPBELL (Pascoe Vale) presented report, which will be paid for in higher bills; together with appendices. the Auditor-General’s finding that the electricity industry may benefit from smart meters at the expense Tabled. of the consumers who pay for them; Ordered to be printed. the unfairness of many consumers and small businesses having to pay for smart meters before they are installed; and APPROPRIATION MESSAGES findings by Melbourne University that many families will have to pay around $300 per annum in higher Messages read recommending appropriations for: electricity bills as a result of Labor’s smart meters. Bushfires Royal Commission Implementation The petitioners therefore request that the Legislative Monitor Bill 2011 Assembly require the Brumby Labor government to Shrine of Remembrance Amendment Bill 2011. immediately freeze the rollout of smart meters across Victoria until it can be independently demonstrated that consumers will not be forced to pay for the Brumby government mistakes in the smart meter project. DOCUMENTS

By Mr NORTHE (Morwell) (16 signatures). Tabled by Clerk:

Tabled. Falls Creek Alpine Resort Management Board — Report year ended 31 October 2010

Financial Management Act 1994 — Report from the Minister SCRUTINY OF ACTS AND REGULATIONS for Environment and Climate Change that he had received the COMMITTEE Report year ended 31 October 2010 of the Lake Mountain Alpine Resort Management Board Alert Digest No. 1 Land Acquisition and Compensation Act 1986 — Certificate under s 7 Ms CAMPBELL (Pascoe Vale) presented Alert Digest No. 1 of 2011 on: Mount Baw Baw Alpine Resort Management Board — Report year ended 31 October 2010 Building Amendment Bill 2011 Mount Buller and Mount Stirling Alpine Resort Management Bushfires Royal Commission Implementation Board — Report year ended 31 October 2010 Monitor Bill 2011 Civil Procedure Bill 2010 Mount Hotham Alpine Resort Management Board — Report year ended 31 October 2010 Civil Procedure and Legal Profession Amendment Bill 2011 Murray-Darling Basin Authority — Report 2009–10 Education and Training Reform Amendment Parliamentary Committees Act 2003 — Government response (School Safety) Bill 2010 to the Environment and Natural Resources Committee’s Police Regulation Amendment (Protective Report on the Inquiry into Soil Carbon Sequestration in Services Officers) Bill 2010 Victoria Sentencing Amendment Act 2010 Planning and Environment Act 1987 — Notices of approval Sentencing Further Amendment Bill 2010 of amendments to the following Planning Schemes: Shrine of Remembrance Amendment Bill 2011 Bass Coast — C117 Shop Trading Reform Amendment (Easter Sunday) Bill 2011 Baw Baw — C74, C79 Statute Law Revision Bill 2011 Casey — C141, C142, C146 Victoria Law Foundation Amendment Bill 2011

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Frankston — C69 In moving this motion I will say I think it is a fairly Glen Eira — C85 ambitious program but I think it will be possible to complete it by 4.00 p.m. on Thursday. A number of the Greater Bendigo — C115 bills on the government business program are time critical, not least of which is the Shop Trading Reform Greater Dandenong — C73, C96, C102 Amendment (Easter Sunday) Bill 2011. The Greater Geelong — C103, C177, C237 government’s intention is to deregulate trading on Easter Sunday, and of course that legislative change Horsham — C49 will have to be in place well before Easter. Hume — C119, C121 Accordingly, I give notice to the house that it is the government’s intention that this bill be debated and Latrobe — C24 Part 2 passed through this chamber by the completion of Melbourne — C153 business today, notwithstanding that it is on the guillotine. That is our intention. Moonee Valley — C90 Part 1

Mornington Peninsula — C153 Debate on the police regulations bill, which will be continued from the previous sitting week, will take Nillumbik — C71 place straight after formal business and members statements. It will take an hour or so for the remaining Southern Grampians — C17 speakers on that bill to finish off. The shop trading bill Whitehorse — C109, C132 may occupy the house for a considerable proportion of the remainder of the day. As I said, it is time critical, Whittlesea — C139 and it is the intention of the government to have the bill Yarra Ranges — C106 put through today to enable it to go to the upper house to be dealt with there in an expeditious way. Prevention of Cruelty to Animals Act 1986 — Revocation of Code of Practice for the use of small steel-jawed traps Of course there are other matters. For example, the Statutory Rule under the Crimes (Mental Impairment and Civil Procedure and Legal Profession Amendment Unfitness to be Tried) Act 1997 — SR 4 Bill 2011 is also time critical. Accordingly, it will come on for debate tomorrow. I will also clarify that the Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 4. government and the opposition are currently in negotiations about the parliamentary committee amendment legislation. Hopefully that bill may be BUSINESS OF THE HOUSE capable of being read a second time and debated during the course of the week, but that is a matter that is Program currently being negotiated.

Mr McINTOSH (Minister for Corrections) — I As I said, there are a number of significant pieces of move: legislation that are consistent with coalition policy announced in the lead-up to the last election. They are That, under standing order 94(2), the orders of the day, government business, relating to the following bills be set to be important pieces of legislation. Adequate time considered and completed by 4.00 p.m. on Thursday, 3 March will be provided for every member to have the 2011: opportunity to debate these bills at the appropriate time in the lead-up to the 4 o’clock time frame in which Building Amendment Bill 2011 these bills will now sit. Civil Procedure and Legal Profession Amendment Bill 2011 Ms ALLAN (Bendigo East) — In rising to speak on the government business program that has been put by Education and Training Reform Amendment (School Safety) Bill 2010 the Leader of the House I will say that the opposition will not be opposing the government’s business Police Regulation Amendment (Protective Services program, but we would like to make a few comments Officers) Bill 2010 on the way through. I am sure the Leader of the House Shop Trading Reform Amendment (Easter Sunday) Bill is familiar with this routine from days gone by. As the 2011 Leader of the House said, there are a number of pieces of legislation before the house for our consideration this Shrine of Remembrance Amendment Bill 2011 week. That is terrific. It is good that we finally have

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Tuesday, 1 March 2011 ASSEMBLY 339 legislation here to debate and discuss. Members of the on these bills, they could have been brought on sooner house will recall that it was actually the opposition that by the government. Of course the government chose used the mechanisms of the house to make sure that we not to do so — it chose to wait until now — and now had bills to debate last sitting week, because if the all of a sudden these bills are time critical to the government had had its way there would have been no government meeting its ideological agenda. We will legislation to debate last week; we simply would have have that debate during the course of today and the rest been going on with the address-in-reply debate. As of the week. good as that is, and as important as it is to have all our new members make their inaugural speeches — it was I also note that the Parliamentary Committees terrific to see on both sides of the chamber the new Amendment Bill 2011 is on the agenda for debate. I members being able to make their first contributions; acknowledge the opportunity afforded to us by the that is obviously a very special occasion for them — Leader of the House to have a briefing on this bill, the legislation needed to be brought forward into the given that it has been brought into the house rapidly, house as well. That is why the opposition sought the and I understand that the Leader of the House is keen to mechanism before Christmas to have the bills second have the legislation passed quickly. I must say to the read immediately to enable them to be considered over Leader of the House and the government that there are the Christmas-New Year break and for them to be some concerns with this legislation. It has been rushed debated in the house last week. Some of those bills still in, and we will have some more comments to make on sit on the agenda for this week, including the Police the bill as we debate it during the course of tomorrow Regulation Amendment (Protective Services Officers) perhaps. However, it is important to note that Bill 2010 and the Education and Training Reform parliamentary committees do good and important work. Amendment (School Safety) Bill 2010. A number of members on our side are prepared to do the hard work and use their talents on those I would like to make another passing comment about parliamentary committees. It appears that is not the case the Leader of the House’s comments regarding the with those opposite. Again, we will have the Shop Trading Reform Amendment (Easter Sunday) opportunity to address those matters during the course Bill 2011. He is anticipating a long debate on this bill, of the debate on the legislation during the rest of the and I think the Leader of the House is absolutely right: week. there no doubt will be a long debate on this bill. That is because, as we are seeing already very early on in the With those comments, I repeat that the opposition does days of this government, the government is very keen not oppose the government business program. We have to pursue an ideologically driven agenda. We know that some concerns with it, and we will be raising those at the heart of a true conservative government lies a during debate on the items on the legislative agenda. mean-spirited ideological streak, and we are seeing this already with the shop trading debate. Mr HODGETT (Kilsyth) — I rise to make a very brief contribution to the debate on the government I think this is a sign of things to come. We will continue business program motion moved by the Leader of the to see ideologically driven pieces of legislation that will House. I am somewhat pleased that the opposition is be matched by ideologically driven actions by the not opposing the program. Indeed, after 11 years of government, like those particularly of the Minister for wasted opportunity, opposition members are probably Water, with his so-called water agenda. We will see a quite surprised to see the number of matters listed on number of actions that will make the public very the notice paper. Good, positive legislation is being quickly realise that this is a government that will go introduced, and we look forward to the debate on it. back to its conservative roots and pursue the agenda. We look forward to the debate on the shop trading A number of members want to make contributions on reform amendment bill. the bills, in particular the Police Regulation Amendment (Protective Services Officers) Bill 2010 Also, can we make sure that members work out how to and, as has been mentioned by the opposition, the Shop use the new pagers properly? There are certainly a lot Trading Reform Amendment (Easter Sunday) Bill of ringtones going on around the house today. We look 2011. We look forward to that debate; we have a forward to the pagers being dealt with as well. number of speakers who want to make a contribution on that bill as well as on the Building Amendment Bill Another aspect concerning this program that is 2011 and the Education and Training Reform important to note is that the Leader of the House said Amendment (School Safety) Bill 2010. As the Leader there were bills that are time critical. I only repeat the of the House has outlined, there is adequate time in comments I made earlier: if it was so important to bring which we can get through these bills before the

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4.00 p.m. deadline on Thursday. There are a number of former member for Murray Valley, who has passed on very important matters to debate, and it is pleasing to the baton, cross-border issues are critical to so many of see the opposition is not opposing the government our members. The debate on that bill will be important. business program. We note there is also the Shop Trading Reform Ms BEATTIE (Yuroke) — Although the opposition Amendment (Easter Sunday) Bill 2011, and we are is not opposing the government business program, I prepared to stay here and debate that as long as is would like to make a few remarks on it. We will have necessary to have it passed in order to offer the some very lively debate on the Shop Trading Reform opportunity for businesses to be open on Easter Amendment (Easter Sunday) Bill 2011. There will also Sunday. The Shrine of Remembrance is an important be quite a debate on the Shrine of Remembrance place for our communities and our children, particularly Amendment Bill 2011. Most people in this chamber as we commemorate service to our country. Many will recall that the genesis of that bill lies with the country areas were founded on soldier settlement. opposition. The Shrine of Remembrance is an iconic Nationals members will look forward to contributing to building in Melbourne. It is very important that all that debate. The Nationals in coalition support the members have time to speak on these important bills. I government business program. would hope that even the member for Niddrie would have time to speak on these bills and that he could Ms GREEN (Yan Yean) — I am pleased to join represent his constituents in this house without fear or with my opposition colleagues and reiterate that we will favour. not be opposing the government business program.

There are other bills, including the Education and Honourable members interjecting. Training Reform Amendment (School Safety) Bill 2010, the Police Regulation Amendment (Protective The SPEAKER — Order! The member for Services Officers) Bill 2010, the Civil Procedure and Richmond has had two warnings. Legal Profession Amendment Bill 2011 and of course Ms GREEN — However, it is a shame we have so the Building Amendment Bill 2011. These are all many bills on the program. If the government had been important bills, and it is every member’s right to have a more organised in getting its legislation together and chance to speak on them. Certainly the Shop Trading getting to work, we could have avoided the situation of Reform Amendment (Easter Sunday) Bill 2011 is fairly moving into the fourth month of this Parliament with time critical, and I can say without fear or favour that it no legislation having been passed. Opposition members is just as well that we on this side of the house had our indicated on day one that we are here to work and to get affairs in order and were able to assemble the Scrutiny down to business. On that day we offered to assist the of Acts and Regulations Committee pretty quickly so government to constitute the important committees that that there was scrutiny of these bills before they came buttress the work of this Parliament, including the into the house. Scrutiny of Acts and Regulations Committee. We could With those few words, I note that, as I said, the have formed that committee on the first sitting day opposition will not be opposing the government before Christmas. business program, but we would like every member in The Public Accounts and Estimates Committee, which this chamber to have the opportunity to represent their I had the privilege of serving on in my first term in constituents without fear or favour, as they were elected office, is an incredibly important part of the scrutiny of to do. government and the work of this Parliament. Had the Mr CRISP (Mildura) — I rise to support the government taken the opposition’s advice, that government business program, and I too welcome the important work could be going on. I remind the fact that the opposition is not opposing the business government that the opposition forced it to second read program. It is a busy program — a program that the three bills that were first read on the first sitting day. delivers on coalition promises. The additional Had it not been for the opposition this government’s 940 protective services officers are vital to our train business program would be even further behind than it stations. The education bill is vital to reducing the is already. effects of antisocial behaviour in our schools. For There are a number of extremely important bills on the learning to occur in our schools, they need to be safe. notice paper, and like many other members I will be The Building Amendment Bill 2011 is also welcome, very interested in the Police Regulation Amendment particularly as so many of the electorates of our (Protective Services Officers) Bill 2010. The member Nationals members run along state borders. To quote a for Monbulk identified some huge problems with and

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Tuesday, 1 March 2011 ASSEMBLY 341 holes in that legislation. The member for Niddrie, who Mr Hulls — On a point of order, Speaker, in is the Deputy Leader of the Opposition, will relish relation to your ruling earlier pursuant to standing being able to resume the debate on the Education and order 124, where you ordered that I withdraw from the Training Reform Amendment (School Safety) Bill chamber. As you would know, that is a very serious 2010, and I hope he will be afforded the ability to speak matter, because we are all democratically elected and on the bill and to represent his constituents of Niddrie have a right to enter this place and certainly abide by without interruption. the rules and procedures of this place. But you decided to make a ruling, as you did pursuant to standing Members on this side of the house are very committed order 124, without giving any explanation or warning to to the Building Amendment Bill 2011. The Bushfires me. You probably noticed, as did other members of this Royal Commission Implementation Monitor Bill 2011 place, that I was sitting in my chair quietly. I was then is an extremely important piece of legislation for the named by you and evicted from this chamber for bushfire-affected communities I represent, and I know 30 minutes, which has now expired. that I and many other members on this side of the house will want to be involved in that debate. In the lead-up to I seek from you an explanation as to what you took into Anzac Day the Shrine of Remembrance Amendment account in relation to ruling pursuant to section 124 that Bill 2011 is at the forefront of people’s minds, and I I behaved in a disorderly manner prior to making the know many members will want to speak on that bill. decision to remove me from the chamber when, as you would know, I was attempting to make a point of order, Finally, it is deeply concerning that the Shop Trading as is my right and as is the right of every democratically Reform Amendment (Easter Sunday) Bill 2011 is elected member of this place. I got very few words out before the house. There will be much debate on it — in relation to that point of order when I was told to sit members should not worry about that. As the member down, and then I was evicted from this place pursuant for Bendigo East has said, this is an example of to standing order 124. ideology which will have a huge impact on regional communities and on families, and many speakers will I am seeking an explanation from you, firstly, as to want to make a contribution — — what it was that was disorderly about my conduct that led you to evict me from this place for 30 minutes, and Dr Napthine — On a point of order, Speaker, the secondly, why it was that I was not allowed to proceed member for Yan Yean is straying from the debate, and I with a point of order in relation to comments that you ask you to bring her back to debating the very narrow made publicly to the newspapers about me — — business before the house, which is the government’s business program. It is not time to canvass the issues in The SPEAKER — Order! The issue regarding what the legislation. was in the newspapers and the correspondence between you and me are matters that were taken up in The SPEAKER — Order! This has been a correspondence. I have responded to you, and that is it. wide-ranging debate, and I do not uphold the point of I offered you the opportunity to come to speak to me in order. my chambers. That offer is still open. If you wish to come to speak to me, we can do that. Ms GREEN — Thank you for your ruling, Speaker. I will finish with those comments and with the Mr Hulls — Further on the point of order, Speaker, reservations I have expressed on behalf of the I am seeking clarification from you as to why I was opposition — that is, that it is a shame that we have removed pursuant to standing order 124. As I such a lengthy banking up of bills because this understand it, there is no requirement for me not to raise government has been afraid to get down to work. The a point of order — — community may be asking what on earth the government has been doing, because in fact this is only The SPEAKER — Order! I am on my feet! You the fifth day of sitting in the fourth month of this know you should sit down when I get to my feet. I have government. We will be five months in before any the right under standing order 124 to have you removed legislation passes through this Parliament. It is a shame from the chamber, which I did. the government has not been able to get its act together to get the committees in place and to do the work of Mr Hulls — On the point of order, Speaker, as you government. It is hard work, and those on that side are would know standing order 124 states: not up to it. Where the Speaker or Deputy Speaker considers the conduct of a member to be disorderly … Motion agreed to.

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Speaker, what I am seeking from you for the future Secondly, Speaker, I am also seeking from you an operation of this place — for this place to operate in an explanation as to whether or not you intend to make a appropriate and orderly manner — is an explanation as personal explanation in relation to public comments to what you found disorderly in my conduct when I was you made about me about whether or not I should be in sitting in my chair. this place.

The SPEAKER — Order! You are debating the The SPEAKER — Order! I consider that I have issue so far as the point of order is concerned. I asked answered all the points of order that I am intending to for you to be removed from the chamber because I answer, including inviting you to come back into believed you were being disorderly. Enough; that is chambers to speak to me if you wished, and that was why. the issue that you raised originally. You were invited, you have correspondence from me, and that is complete Honourable members interjecting. as far as I am concerned. I am moving on to statements by members. The SPEAKER — Order! I have heard enough on the point of order in regard to this matter. We are Mr Andrews — On a further point of order, moving on to members statements. Speaker, is it your position that if a member of this place, regardless of what party put them here or what Mr Andrews — On a point of order, Speaker, the community they represent, corresponds with you, that member for Niddrie has raised a number of matters and member then forfeits any right to raise the subject of you have ruled on those, as is your right. In terms of the that correspondence in this chamber by way of a point broader issue, where I believe you have ruled that you of order or by using any other form of the house? would not hear the member for Niddrie on the original point of order he raised at the conclusion of question Secondly, in addition to correspondence, is it your view time because you had corresponded with him — — that if you, without any recourse, determine that a matter should be raised in chambers, that also forfeits Honourable members interjecting. any member’s right to raise a matter on the floor of this Mr Andrews — No, that is exactly what the house? Is it your position either in writing or in a Speaker said — that he would not hear the point of personal meeting with you that you will determine what order because the member for Niddrie had matters a member can or cannot raise before you have corresponded with him. in fact heard those matters? Is that your position? If that were your position, then I would put it to you The SPEAKER — Order! There was no point of respectfully that that would absolutely be an order in the issue that was raised. It had already been encroachment on my right and the right of every dealt with by way of correspondence. That was the way member representing their community — a shameful it was dealt with, and that is the way it will remain act. having been dealt with. If the member wishes to come to speak to me in chambers when I go there, I am more The SPEAKER — Order! That is not a point of than happy to speak to him, but that is the end of the order and the member is debating the issue. I will name matter so far as I am concerned. him if he does not sit down. On ‘disorderly’, suggest he have a look at standing order 125(1) and the naming of Honourable members interjecting. a member and see what it says:

The SPEAKER — Order! No, I am sorry. We are Persistently and wilfully obstructing the business of the house … moving on with members statements. That has been happening now for probably the last half Mr Hulls — On a point of order, Speaker, as you hour by members. We will now proceed with would know, I am entitled to raise a point of order. That statements by members. is my democratic right. Speaker, I am using that democratic right to ascertain from you why my Mr Wynne — On a point of order, Speaker, you behaviour was considered disorderly by you while have provided two warnings to me since the start of every other member sitting quietly in their place was question time today. I seek from you some clarification not considered to be behaving in a disorderly manner. about whether these are cumulative throughout the day Speaker, I seek from you clarification so we can have or pertain specifically to question time. Are you going the running of this place conducted appropriately. to take a position whereby once a member has accumulated their three warnings throughout the day,

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Tuesday, 1 March 2011 ASSEMBLY 343 they are out the door? Could you clarify what your Dr Napthine — I am making a members statement. view of these matters is? The SPEAKER — Order! The Minister for Ports, The SPEAKER — Order! It is not just for question on a members statement. time; it is throughout the day.

Honourable members interjecting. MEMBERS STATEMENTS The SPEAKER — Order! Members of the Floods: Victoria opposition have obviously been trying to lead the house to this sort of position where we are going to spend Dr NAPTHINE (Minister for Ports) — Vast areas most of the day arguing about these issues. I do not of Victoria were devastated by the recent floods, and want this to continue any further because it is not going many areas are still suffering from the effects of those to achieve anything. floods. Our hearts go out to those individuals, families, businesses and — — Ms Hennessy — On a point of order, Speaker, I have a manifold point of order. My first point is to ask Honourable members interjecting. whether the Chair could provide some clarification. Is sitting down in one’s seat in this chamber now The SPEAKER — Order! I suspend the sitting of technically disorderly? the house until the ringing of the bells.

My second point of order is that in the course of your Sitting suspended 4.30 p.m. until 5.02 p.m. making a ruling, you attributed a mala fides motivation Dr NAPTHINE — Vast areas of Victoria were to the opposition. Is it not legitimate for a point of order devastated by recent floods, and many areas are still to be made in circumstances where the Speaker of this suffering the effects of those floods. Our hearts go out house accuses an entire opposition of behaving in a to the individuals, families, businesses and disorderly way? communities affected. Many of them have ongoing Mr McIntosh — On the point of order, Speaker, issues with their insurance companies, and I urge the your removal of the member for Niddrie under standing insurance industry to deal with people affected by order 124 is a matter for you and your entire discretion serious floods compassionately and quickly. and should be put without dissent or debate. I suggest In this context I raise the concerns of Mr Warren Roney we just move on; the opposition needs to get over it. of Allansford, who was advised by the State The SPEAKER — Order! I advise the member for Emergency Service that his home was expected to be Altona that there is no point of order. flooded with up to a metre of water. Under his insurance policy he is required to do everything he can Mr Hulls — On a point of order, Speaker, you to safeguard his home, contents and valuables from referred to your ruling under standing order 124 and damage. Indeed the policy advises it would be a breach you asked that members read standing order 125. Most of the policy to fail to comply. Therefore late that night of us have read it. I am still seeking clarification as to Mr Roney engaged a local removalist to relocate his why I was kicked out. Further to that, Speaker, my valuable furniture and antiques valued at over having written to you because of public statements you $100 000. However, when he sought to reclaim the made does not preclude me raising this matter in the $2500 removalist fees from his insurance company he house. was denied payment. Ms Jessica Gully, the insurance company’s dispute resolution officer, said she accepted The SPEAKER — Order! I have already answered that Mr Roney took reasonable precautions under the that point of order. I do not intend to answer it again, circumstances, but the company still refused to pay for and I will not listen to the member for Niddrie raising it the removalist. I believe this is unfair, unreasonable and any more. Otherwise I will consider it to be disorderly, lacks common sense and compassion, and I urge the and I will name him. insurance industry to deal with this matter. I also urge the insurance company in this case to adopt a more Mr Hulls — Speaker — — reasonable approach and assist this individual. The SPEAKER — Order! I have not called the member for Niddrie. The Minister for Ports, on a point of order.

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Speaker: conduct school captains, Seth Runje and Bailee Hodgson, and vice-captains, Fraser Copping and Jessie Lawlor. Mr HULLS (Niddrie) — Any comments made by a Lilydale Primary School is a terrific school, and these Presiding Officer about whether or not an MP should well-mannered and enthusiastic young people are a sit in this chamber despite being duly elected or any great example for all its students. attempt to fetter a duly elected MP from carrying out their role as an MP would of course be inappropriate. I was also taken on a tour of the new buildings, and I Under the Westminster system the position of Presiding commend the school council staff, and especially the Officer has to be independent and be seen to be principal, Tom Bege, for the time and hard work they independent, and that relates to comments that are made have put into the design, layout, furniture and colours, by presiding officers both inside and outside the both inside and outside the building. It is an extremely chamber. We do not want to have a situation where inviting and functional environment, and it adds to the political comments are made by presiding officers who students’ enjoyment of school and interaction with the enter the political fray and therefore undermine the teachers. independence of the role of Presiding Officer. Australia Day: City of Casey With that in mind I found it quite disturbing that comments were made outside this place to a Sunday Ms GRALEY (Narre Warren South) — On newspaper as to whether or not I should be sitting in Australia Day the Casey Citizen of the Year awards this chamber. Those comments, Speaker, were made, as were announced. Local groups and individuals were you know, by you when you made it quite clear that honoured for their hard work and dedication to the you did not believe it was appropriate that I be in this Casey community. place. You said you do not know why I stayed here, there is not much for me here and that it is a little bit John Doutch received the Casey Senior Citizen of the sad. Those comments are highly political. They are not Year award for his participation in the City of Casey befitting of the role of an independent Presiding ageing positively reference group and the City of Casey Officer, and precedent shows that an apology by way of ageing positively ambassadors, where he led the a personal explanation ought to be made forthwith. Challenging Ageing program. John has also established men’s discussion groups for over-50s in Narre Warren, Japanese Exchange and Teaching program Cranbourne and Berwick. Well done, John.

Mrs FYFFE (Evelyn) — Last night I was honoured Romy Madeley is only 13 years old, yet she was the to attend, along with the members for Yuroke and recipient of the Casey Young Citizen of the Year Clayton, a reception at the Consul General of Japan’s award. Romy volunteers her time at the Marillac Casey residence. The function was to welcome back Kidz Klub, an out-of-school-care program for disabled participants in the Japan Exchange and Teaching (JET) teenagers. Romy won my Community Spirit and program. The program began in 1987 with Leadership award three years ago. She has a great 848 participants from four countries and has moved future. She is bright and articulate and just a lovely from success to success. In 2010 there were young lady. 4334 participants from 36 countries. The returning The Casey Community Event of the Year award was participants spoke highly of their experience living and won by the Hampton Park Progress Association for working in Japan for periods that varied from one to organising the Australia Day, Day of Nations. My five years. friends said this was a great event. It attracted over Not only does JET enhance and build participants’ 1500 people, who enjoyed a range of activities relationships with Japan and the Japanese people but it including an Aussie breakfast, family games and races. also develops relationships between the participants I was honoured to attend the Australia Day, Day of from the 36 countries. It is one of the world’s largest Nations with Anthony Byrne, the federal member for exchange programs, and I highly commend this Holt, who presented the 2011 Holt Australia Day grassroots international exchange between Japan and awards. Winners included Charmaine Sime, Erica other nations. Maliki, Lorraine and Warren Calder, Mike Herbert, Peter Cutting, Wendy Saunders, Bruce Gower and Lilydale Primary School: student leadership Karyan Ng, all of whom are fantastic community members who are working hard to make a big Mrs FYFFE — I was delighted to visit Lilydale difference to other people’s lives. Also receiving Primary School yesterday to present badges to the awards were my special friends John Barbaressos and

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Bill Antoniou of the Cranbourne and Hampton Park incredibly important that we do not exacerbate concerns Greek Senior Citizens Club, a wonderful group of about public health and environmental standards. To people. Congratulations and well done. Thank you for that end I ask that the Environment Protection all you do for our local community. Authority consider this issue in context and ensure that we start improving the livability of the west, not Floods: northern Victoria making it worse. Mr WELLER (Rodney) — I rise today to express Mornington: marina my grave concern and disappointment over the federal government’s recent decision not to extend exceptional Mr MORRIS (Mornington) — As part of the circumstances funding to flood-affected farmers in former government’s unfortunate plans for the northern Victoria. There is ample tragic evidence of the commercialisation of Port Phillip Bay a marina truth of the very difficult circumstances many farmers development was proposed for Mornington harbour. find themselves in as a result of the record floodwaters My opposition to the planned development is well which inundated huge tracts of rural land during known locally and has been stated clearly in January and February. For the federal government to submissions to both the Shire of Mornington Peninsula decide that these situations do not warrant exceptional and the independent panel. circumstances assistance is beyond belief. I strongly support the state Minister for Agriculture and Food The hearings concluded last Friday, but in the dying Security in his efforts to reinstate exceptional hours a submission was tendered on behalf of the circumstances funding for farmers devastated by the proponents responding to queries from the panel, floods in January and February in northern Victoria. including the likely investment of private and public moneys. To my amazement the proponents suggested I note that the federal Minister for Agriculture, to the panel that arrangements would be reached where Fisheries and Forestry has now indicated that his the government would fund not only the entire cost of government is considering extending assistance the pier wave screen and the new return on the existing measures to flood-affected primary producers under the pier but also one-third of the total costs of the natural disaster relief and recovery arrangements, and I remaining works. This is on top of more than half a commend the Victorian government for its role in million dollars that the previous government pushing hard to secure appropriate assistance for our contributed to planning the privatisation of a harbour farmers who have done it very hard during January and that has been a public facility for more than 150 years. February, having experienced 14 tough years prior to that. They had a crop that looked like it would get them Supporters of the development, and there are very few, out of trouble, but now they have been devastated once argue that the only way works to make Mornington a more and assistance is absolutely essential. safe harbour can be funded is as part of a marina development. However, the document makes it clear Altona soil remediation centre: establishment that the plan relies not only on transferring a public asset into private hands but on a substantial investment Ms HENNESSY (Altona) — I rise to raise a matter of public funds as well to make the project viable. That of concern in the community of Altona. It relates to a might have been the way the Brumby government works approval application that is currently with the operated but that is not the way we work. If funds of Environment Protection Authority (EPA) for a that scale are to be made available by government, it proposed soil remediation centre to be located in can only be to fund works that will improve facilities Altona. Many members of my local community have for all members of the community. raised significant concerns and issues in respect of this proposal. Specifically they are concerned about the Cairnlea Park Primary School: building potential adverse public health and environmental program impacts, particularly in relation to the location and the site of the proposed centre. Transportation and storage Mr LANGUILLER (Derrimut) — On 18 February issues are of particular concern, and this application as part of the Building the Education Revolution (BER) needs to be seen in context. The people of the western program I attended a recognition ceremony for Cairnlea suburbs have for some time been fighting odour and Park Primary School. I was there both as the state noise pollution issues in their local area. member and representing my good friend Brendan O’Connor, MHR, the federal Minister for Home Affairs Whilst the EPA has been making some inroads into the and member for Gorton, who is a strong advocate in problem and improving its capacity to respond, it is Canberra for the western suburbs of Melbourne.

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The federal government announced its DonateLife Week $42 billion Nation Building — Economic Stimulus Plan in February 2009. This was a plan to support jobs Mr PERERA (Cranbourne) — Last Sunday, the and to stimulate local economies. It was also an 20th day of this month, was the start of Donate Life investment in infrastructure to benefit our children and Week 2011. It is encouraging to see that conversations our children’s children. By the time the Building the have started all around this wonderful nation of ours Education Revolution has finished around relating to the donation of organs and tissue that can 24 000 projects will have been completed in over save lives. Statistics show that as at December 2010 9000 schools. I was delighted to be able to be there to there were 1663 people on the waiting list for donors, see the fruits of the program locally at Cairnlea Park with 1224 of these people waiting for kidney donors. Primary School. Unfortunately statistics also show that Australia has one of the lowest donation rates in the world. The school principal, Mr Glenn Knight; the school president, Mr Mile Kotoski; and the school staff, It is with great pride that I stand here in this house and parents and tradespeople have worked together to state that I am a recipient of an organ donation. I deliver this important project. This is a fantastic certainly have a story to tell. I underwent a kidney outcome and I would like to recognise the work transplant in early 2009 after suffering from severe undertaken by the school and the community in making kidney disease. I am now living a healthier life mainly this happen. Now that this BER project is complete, because of the kindness of my cousin, who donated her teachers and students will be able to enjoy teaching and kidney so I could live on to fight another day. learning in the 21st century facilities that they so richly deserve. As you would imagine, this initiative — Donate Life Week — is certainly very close to my heart. Donate I commend the federal Labor government for its Life Week 2011 was actively kicked off by the Gillard commitment to good education in the western suburbs. federal government. The Gillard government also appointed four ambassadors to join the Floods: Bentleigh electorate Governor-General of the Commonwealth of Australia, Her Excellency Ms Quentin Bryce, in championing this Ms MILLER (Bentleigh) — In my inaugural great cause. speech I made mention of the impact recent flooding had on my community in Bentleigh. I would like to Telstra: Moe call centre highlight the work of four constituents in particular: Micah Longhurst, Tom McCrab, Ms Dale Gilkes and a Mr NORTHE (Morwell) — The decision by local plumber known as Mick. Telstra to close its Moe call centre has created significant angst and anger amongst the Latrobe Valley Micah and Mick, ably assisted by Tom and Dale, community. Some 114 staff will be impacted by the rushed into the breach to try to unclog a blocked storm closure of this facility, and for many this is drain that was contributing to the damage to local heartbreaking news, to say the least. I have been homes. They risked their lives to do this, and when they contacted personally by a number of employees who succeeded the water level immediately began to drop, have relayed stories of expected future hardship as a saving many homes and families. On behalf of their result of this decision. neighbours I would like to thank these McKinnon heroes. The Moe call centre has been rated as Telstra’s best performing call centre in Australia. One can understand Damian Bartlett and Amber Irving the frustration and anger among those dedicated employees who have worked with pride over many Ms MILLER — I would like to take this years to ensure that the Moe centre was rated so highly. opportunity to congratulate Damian Bartlett and Amber Irving, student leaders at Coatesville Primary School Some employees have recently committed to the for 2011. Damian and Amber have taken on the purchase of new homes and have taken on long-term responsibility of leadership roles in their school mortgages, whilst in other circumstances there are community and are doing a wonderful job. I met them couples of whom both partners are employed at the call two weeks ago and was struck by their commitment to centre, and for those people it is twice the pain. Last their school and by the passion they had for their weekend a public meeting was conducted, with local community. Congratulations to them, and I wish them businesses and community groups amongst those good luck for the school year ahead. providing support. It was pleasing to learn of such

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Tuesday, 1 March 2011 ASSEMBLY 347 strong support, and this is verification of the importance Aurel Vernon Smith of retaining and growing jobs in the Latrobe Valley. Mr KATOS (South Barwon) — I rise to note with There have been many confronting challenges for the sorrow the passing of Mr Aurel Vernon Smith on Latrobe Valley over these past years: however, our 6 February this year. Aurel Smith served in this place as resilience and community spirit remain strong. My the member for Bellarine from 1967 to 1976 and was colleague the member for Narracan has also been active then member for South Barwon from 1976 to 1982. in advocating to Telstra on behalf of the 114 affected Mr Smith was born in Geelong on 20 June 1915. He employees, and together we will do whatever we can to left us at the age of 95. ensure these employees and our community are not disadvantaged. Aurel was a member of the Australian Imperial Force for five and a half years from 1940 to 1945 and served We also call upon the federal Labor government to in the Middle East, New Guinea, Borneo and the Dutch ensure that it does all it can to ensure that these East Indies. Immediately upon his return from the war employees are not also disadvantaged. Aurel married Margaret Ashe on 24 November 1945. He was a junior wool classer in a family business George Archer Pavilion, Chewton: opening before becoming a director in various companies.

Ms EDWARDS (Bendigo West) — On Sunday, His main passion in Parliament was the Statute Law 20 February, the Chewton community came out in Revision Committee, where he served for 12 years force to attend the official opening of the George from 1970 to 1982. Aurel was also a member of the Archer Pavilion at the Chewton Soldiers Memorial boating, finance, water supply and forests party Park. committees.

The original Chewton Tigers football pavilion was On 20 February 1981 Aurel announced that he would named after George Archer, MBE, who served as a retire from political life at the end of the parliamentary councillor of the Shire of Metcalfe for 34 years term. Mr Smith specifically thanked the Liberal Party from 1946 to 1980, when he passed away during a branches for the support he received from them, and I council meeting. He was mayor of the shire for know he was a member of the Barrabool branch. Aurel three terms and was an active community member and was a member of the Melbourne Cricket Club, the a local butcher in Chewton for 43 years. Today the Naval and Military Club, the Geelong RSL, the Castlemaine Goldfields Football Club has around Geelong Agricultural and Pastoral Society and the 250 members and is growing. The Castlemaine club has Geelong Football and Social Club. a proud history in the Bendigo Amateur Soccer League dating back to 1973. Outside politics Aurel enjoyed nothing more than sailing his yachts. After leaving political life he It was fantastic to see George Archer’s son Malcolm remained well involved and was a committee member Archer attending. I have known Malcolm for a long for many years on the association of former members time as a member of the Castlemaine branch of the of the Victorian Parliament. I send my sincere Labor Party, and he was thrilled with the new pavilion condolences to Aurel’s family and friends on his and keen to tell me the history of the building. passing. Fundraising for the facility was a collaborative effort Rail: Sunbury station that included funding from the federal government, the former state Labor government, the Shire of Mount Ms DUNCAN (Macedon) — I rise to support a Alexander, the Castlemaine Goldfields Football Club petition with 1232 signatures from Sunbury residents and significant community fundraising. Driving this calling on the government to install a lift or an elevator project has been Robyn Lewis, former president of the at the Sunbury railway station. As the petition was not club, who has worked very hard over many years to see in the correct form for tabling in Parliament, I am this building eventuate. Credit must also go to pleased to speak in support of it in a members committee member Bill Burris, current president Ray statement. West and the many volunteers who have helped along the way. These residents are calling for the installation of this lift or elevator to be built as part of the Sunbury I send my congratulations to the club and the many electrification project. Members may be aware that volunteers on the fantastic effort they have made to see Sunbury railway station will be significantly upgraded this project get off the ground and become a reality. to a premium station as part of the electrification

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348 ASSEMBLY Tuesday, 1 March 2011 project. The upgrade will include closed-circuit with short-term assistance they will overcome these television, staffing from first to last trains, and a new difficulties. kiosk, to name but a few of the improvements that will be delivered. Launched in 1990, the festival was an immediate success, hailed by musicians, critics and its fans as the Faye Heazlewood from Sunbury, a member of the best festival in Australia. The core of the program each Sunbury Railway Garden Committee, collected the year is the National Jazz Awards, featuring a different signatures on this petition. Faye argues that Footscray instrument each year. I wish Paul Carrick and the new and Watergardens railway stations had elevators committee every success in continuing this cutting-edge installed when they were upgraded. Sunbury is a festival and in enthusing all of the volunteers who did growing town with an ageing population, and the need such an excellent job, particularly with the Reid Street for better access for people of all abilities continues to program, such an integral part of the festival and much grow. Currently Sunbury station has a ramp and stairs loved by people. Regional festivals form an important which comply with the federal Disability part of our culture in country Victoria, and it is pleasing Discrimination Act; however, as is stated in the to see the support from metropolitan Melbourne and petition, an elevator specifically would assist the aged beyond. and the ageing, people in wheelchairs and on scooters and people with disabilities that prevent them from The SPEAKER — Order! The member’s time has using a ramp or stairs. expired.

Mrs Heazlewood received a letter dated 14 February Housing: Thomastown electorate from the Minister for Public Transport in which he stated that an elevator would not be installed as part of Ms HALFPENNY (Thomastown) — I rise to thank the electrification project. Mrs Heazlewood has and applaud workers at the North and East Housing responded to this letter, asking that further Association and the Bethlehem Community. These consideration be given to this matter. I support the people work in organisations that provide housing for people of the community of Sunbury in their call for those in dire need in the Thomastown electorate. this additional enhancement of the railway station. It Recently I became involved in a case after being makes sense to do it as part of the electrification contacted by a local doctor seeking help for a woman project. whom he described as a family woman caught up in Wangaratta Festival of Jazz tragic circumstances. The woman had been subjected to domestic violence and then kicked out of her house, Mr McCURDY (Murray Valley) — I rise to leaving her destitute. She did not ask for help and began congratulate Patti Bulluss and the volunteer committee a daily struggle to get a roof over her head. For three which organised the Wangaratta Festival of Jazz. The years she lived homeless and destitute. festival, recognised as Australia’s premier jazz festival, celebrated its 21st anniversary in 2010. The Workers of the North and East Housing Association multi-award-winning festival, under the guidance of and Bethlehem Community no doubt deal with people artistic director, Adrian Jackson, and the committee, in equally sad and tragic circumstances every day, yet I offered a variety of the finest jazz and blues music from saw firsthand how they treated this woman with Australia and overseas. It is one of Victoria’s hallmark compassion, respect and a genuine desire to go above events and a member of the Victorian Tourism Awards and beyond the call of duty. It was obvious to me that Hall of Fame. The festival showcases all jazz styles, workers in these housing services have a deep with an emphasis on modern and contemporary jazz. It commitment to supporting and assisting people in need. is estimated the festival contributes around $20 million They understand and take very seriously their role to to the local economy each year and attracts about provide housing that will help to change people’s lives. 35 000 people. The festival is supported by a volunteer I am happy to say that the woman I have mentioned is workforce of around 500 people. moving into a brand-new unit in the Thomastown Unfortunately numbers were down last year, with most electorate. This has been made possible by the of Australia believing the whole of Wangaratta was dedication of these workers in housing services and in under water as a result of floods, and the loss of accommodation built with the support of the previous Transport Accident Commission funding and state Labor government and the federal Labor sponsorship also hit the hardworking committee. government’s Nation Building and Jobs plan. However, members of the committee are confident that

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Rhys and Lynette Gould La Trobe Institute of Molecular Science

Mrs BAUER (Carrum) — It is my pleasure to Mr HERBERT (Eltham) — I rise to congratulate congratulate Rhys and Lynette Gould of the Carrum the federal Labor government for the promotion of electorate on their 50th wedding anniversary. It is world-class scientific research and innovation in fantastic to know of a union that has stood the test of Victoria. Last week I attended a ground breaking time as theirs has. ceremony for the new La Trobe Institute of Molecular Science in Bundoora by the federal Minister for Roma Kampf Innovation, Industry, Science and Research, Senator Kim Carr. In attendance were my parliamentary Mrs BAUER — Another of my constituents, Roma colleagues, the members for Ivanhoe and Bundoora. In Kampf, celebrated her 90th birthday on 22 January. I particular I congratulate the member for Bundoora, congratulate Ms Kampf and wish her many happy and because I know he has been an ongoing and healthy years to come. unwavering advocate for this project.

Chelsea: sustainable garden project This fantastic project is great for the northern suburbs. The new institute has been made possible by more than Mrs BAUER — On 23 February I was honoured to $80 million in federal government funding, as well as attend and speak at the graduation breakfast for those the previous Victorian Labor government’s vision for taking part in the Chelsea sustainable garden project at Melbourne to be the national capital of scientific the Chelsea Church of Christ. As part of the project the research, innovation and ideas. 10 participants received their certificate II in horticulture and landscaping that will now increase The new molecular science building will consist of a their chances of finding employment. six-level molecular design-themed architectural marvel, complete with innovative teaching spaces and Carrum: sailing and surf lifesaving clubs state-of-the-art science laboratories and research facilities. A key objective of the institute is to facilitate Mrs BAUER — Also worth noting is the Carrum cross-faculty scientific collaboration between university Sailing Club, which has provided the Carrum Surf Life staff, students and other research nodes, as well as local Saving Club with a centre from which to operate since secondary students, and to develop a robust domestic the severe storm damage to the surf lifesaving club’s facilities. It is a great story of one community coming to biotechnology industry to inspire the next generations of scientists and innovators. It is great to see the federal the aid of another. government rewarding our state in concrete, real-dollar Aspendale Gardens Community Centre: terms for the vision and investment that the former 20th anniversary government made to this sector.

Mrs BAUER — On 26 February the Aspendale Ashburton: street festival Gardens Community Centre celebrated its Mr WATT (Burwood) — I rise to congratulate Liz 20th anniversary, an event which I had the privilege of Webb and the Ashburton Traders Association for attending. Since being established the community organising the Ashburton Festival, which was held last centre has truly become a focal point for the local Sunday, 27 February. It was a well-attended and community, with a large number of groups making use well-run event. I would like to congratulate the of the wonderful facility. I congratulate the centre and following groups and individuals who participated: 1st wish it all the best for the next 20 years and beyond. Glen Eira Scout Group, Alamein Neighbourhood and Little Ray of Sunshine benefit concert Learning Centre, Alfred Road Kindergarten, Dr Aristea Cerminara of Ashburton Osteopathy, Ashburton Mrs BAUER — I am pleased to report that the Community Centre, Ashburton Primary School, Little Ray of Sunshine benefit concert has raised over Ashburton Sports Services, Ashburton United Junior $12 000 for the victims of the Victorian and Football Club, Ashburton United Soccer Club, Queensland floods. I congratulate the Chelsea State Ashburton Willows Cricket Club, Ashburton Pool and Emergency Service unit and all those involved in the Recreation Centre, Ashwood and Chadstone organisation of the event. Neighbourhood Renewal Project, Ashwood Callisthenics, Ashwood Children’s Centre, Australian Breastfeeding Association, Boroondara Leisure and Cultural Services, Boroondara Volunteer Resource

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Centre, Camberwell Lacrosse Club, Celestial Tai Chi, POLICE REGULATION AMENDMENT Craig Community Centre, Curves Ashburton, Dewa (PROTECTIVE SERVICES OFFICERS) and Polly Kariawan, East Malvern RSL, the eastern BILL 2010 central Amnesty International group, Estrella Preschool, Flare Dance Company, Friends of Same, Second reading Glen Iris Primary School, Inner East Community Health Service, Jingle Jangle, the Liberal Party Debate resumed from 21 December 2010; motion of Burwood electorate branch, Lifecycle Learning, Mr RYAN (Minister for Police and Emergency Boroondara Lions Club, Parkhill Primary School, Pied Services). Piper Toy Library, Pink Poodle Dog Grooming, Solway Primary School, South-Eastern Suburbs Mr R. SMITH (Minister for Environment and Permaculture Group, St Mary’s Salesian Amateur Climate Change) — I am delighted to rise to speak on Football Club, St Michael’s Primary School, Step into the Police Regulation Amendment (Protective Services Life, Summerhill Park Kindergarten, St John’s Officers) Bill 2010. The reason I am delighted to Ambulance and Victoria Police. I heard a number of support this bill is that for the four years I have been the comments throughout the day that the festival was a member for Warrandyte I have argued in his house time credit to all involved. and again for action to be taken with regard to security at Ringwood railway station. Emergency services: Craigieburn Torchlight Transport safety figures that were obtained by the Parade Saturday Age in August of last year listed Ringwood as Ms BEATTIE (Yuroke) — I rise to congratulate one of the top 10 most violent stations in metropolitan members of the Craigieburn fire brigade for its terrific Melbourne. The issue of the violence at Ringwood Torchlight Parade, which I attended on Saturday station was raised with me in 2006 before I was elected evening. This annual event is the highlight of the to Parliament. Members of the local police came to me Craigieburn Festival weekend, and it is wonderful to asking that I advocate for security cameras to be moved see the main road of Craigieburn lined with thousands from the local police station and installed at the railway of people cheering on their emergency services station to monitor any violent incidents. Subsequent to volunteers. It is an awe-inspiring spectacle to see the that representation, the Ringwood Chamber of many torches that light up the parade, and it is terrific to Commerce and Industry, the Maroondah City Council see other fire brigades marching and both the and local traders also lobbied me to have these cameras Craigieburn State Emergency Service and Craigieburn put in place. Community Emergency Response Team marching As many of us do in this place, I did as I was asked and alongside their fellow volunteers. advocated for my community. I received no reply from I must say that I feel particularly proud watching the the government of the day, which stepped back from Yuroke volunteers — from Craigieburn, Kalkallo and the obligation to provide security for the people of Bulla — march by. Events like this take a lot of hard Ringwood and for all commuters that use Ringwood work, and I would like to congratulate First Lieutenant station. Chris Gray of the Craigieburn brigade for the many On many occasions under the Brumby Labor years he has led the brigade with distinction. Chris is an government I wrote to the former Minister for Public asset to the Craigieburn community, and his Transport, Lynne Kosky, asking her to make a exceptional leadership sees the Craigieburn brigade commitment to install the cameras, which would have being regarded as one of the best-integrated brigades in given members of the community the confidence to go Victoria. I also congratulate the tireless work of the about their business without being assaulted, bashed or brigade’s secretary, Joe Giarusso, and the assistant otherwise exposed to antisocial behaviour. secretary, Dianne English, on coordinating this parade. Fortunately Craigieburn won the trophy for the best I will read excerpts from some of the letters I sent to turnout. Lynne Kosky. A letter I wrote to her on 13 August 2008 stated: Lastly — as we did on Saturday night — we applaud the work of our emergency services volunteers who do On 9 August 2008 a young man was assaulted and stabbed by us so proud and keep us safe. a group of men while waiting for a train at Ringwood railway station. As I write, this man still lies in hospital and, as I understand, police are still looking for those who attacked him.

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Only nine days later, on 22 August, I wrote another The coalition’s commitment to putting protective letter to Ms Kosky, which stated: services officers at Ringwood railway station as well as other metropolitan and regional railway stations has On 21 August 2008 a woman’s handbag was snatched from been welcomed by my community. It is impressive that her at the station. Fortunately an off-duty police member was at the scene, who was able to apprehend the man and prevent this bill has been delivered so quickly. I commend it to further incident. the house. Later I wrote another letter to Ms Kosky: Mr BROOKS (Bundoora) — It is a pleasure to join the debate on the Police Regulation Amendment … a young man was assaulted and slashed across the chest by (Protective Services Officers) Bill 2010. It is important another boy at Ringwood railway station. As I write, I believe police are still looking for the attacker. to consider the context of how this bill has come to this place. I refer to the lead-up to the election last year. I In all my letters I raised real issues about people who put to the house that this bill is a political stunt. It does had been hurt and whose families had been affected, nothing of real substance. I will come to that when I and to all those letters I received glib replies — form talk about the further legislation that will be required to letters. I will provide an example of the replies I actually implement the coalition’s policies. received from Ms Kosky. A letter I received from her stated: The coalition won the election on the back of a very strong law and order campaign. The coalition said it The government and Connex are committed to providing would get on with the job, fix the problems and build Victorians with public transport that is safe, accessible, the future — these were the slogans. The election reliable, effective and clean. It is unfortunate when incidents of the type you describe occur and deter people from resulted in the Liberal Party winning government. I travelling on a system that is generally safe. think the government brought Parliament back for one sitting week before Christmas to give the impression to I am sure that the people to whom I have referred found the Victorian people that it was ready to get on with the that the public transport system was certainly not safe, job of governing. The first three bills it introduced — reliable or effective, and after being slashed across the and this is certainly the case for this bill — were aimed chest I do not think anyone would care less whether at giving the Victorian people the impression that the public transport services were clean. government was getting on with the job and had plans to implement its election policies. It is very disappointing that the government of the day failed to address the serious issues I raised with it, and When one considers that the coalition announced this these issues demonstrate the need for security cameras. policy initiative in November 2009, one would have That is why my community and I are delighted about thought that it would have been ready to go with the coalition government’s commitment to put substantive legislation to implement this policy. But protective services officers at train stations to ensure before Christmas we saw the unravelling of this bill as a that they become safe places rather than places where political stunt. The opposition embarrassed the people are concerned, on edge or are experiencing angst government into doing a second reading of the bill so in travelling. we could get access to it.

This bill will remove the cap that currently exists on When members look at the bill — all two pages of recruiting protective services officers so that the substantive legislation! — they will see that the Baillieu coalition’s policy can be implemented. It will enable government was not ready to implement this policy. the coalition government to deploy 940 additional When members of the opposition were briefed by the protective services officers across metropolitan and government and the department — and I thank the major regional railway stations from 6.00 p.m. until the department staff for their briefing — it became last train departs to create safe train stations where apparent that they could not answer questions about the commuters can travel without fear. The bill also detail of how this policy will work, what powers the expands the operational functions of protective services protective services offices (PSOs) will have on railway officers and the purposes for which they can be stations and what precincts the PSOs will be able to employed and deployed. operate in. All of the nuts and bolts of how this bill will work have not been dealt with yet; all of these things I commend the coalition government and the Minister have not even been thought through yet. The advice we for Police and Emergency Services for introducing this received was that this stuff would not be dealt with until bill to the Parliament. It is a credit to him that he has later this year. Because of the way the Baillieu been able to move on the coalition’s policy so quickly. government is going at the moment, it could well be

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352 ASSEMBLY Tuesday, 1 March 2011 dealt with next year; in fact I would be surprised if it human rights aspects of this bill. There are human was not the year after next. rights issues that will be affected by this legislation.

This is a very flimsy bill. All it does is two things: We are not sure — because we do not have the detail as firstly, it amends the principal act so that the cap of yet — whether protective services officers (PSOs) on 150 PSOs is removed, and secondly, it changes some railway stations will have powers under section 10 of wording so that PSOs can protect the general public in the Control of Weapons Act 1990 to strip-search people certain places. This could take place in the legislation without a warrant. Will PSOs have the power to we are going to have to deal with later on. strip-search minors at railway stations? I am sure all members agree with the concept of having better One of the consequences of this legislation being security at railway stations; I certainly do. I want my rushed into this house was that there was a near kids to be safe when they go to the local railway station non-existent statement of compatibility attached to the and take public transport. There is no question about bill and tabled — — that. But we have a concern about whether kids — and I am concerned about my kids — can be strip-searched Mr R. Smith interjected. by PSOs at railway stations. Members of the The DEPUTY SPEAKER — Order! The Minister government cannot answer that question because the for Environment and Climate Change will cease detail is not included yet. I would be happy for the interjecting from across the chamber. minister to indicate whether that power will or will not be included, but it still has not been done. Mr BROOKS — There was a nearly non-existent statement of compatibility attached to the bill when it The other issue I would like to raise in relation to how was tabled and second read in this house. Some this bill was rushed into the Parliament is the fact that members of this house might not place great the substantive debate on the bill that occurred in the importance on statements of compatibility, particularly last sitting week did so without the benefit of a Scrutiny those members who do not support the Charter of of Acts and Regulations Committee report, an Alert Human Rights and Responsibilities, but until the Digest. That committee could have been set up so that it government of the day changes the way the Charter of could have reported on this bill in time for that first Human Rights and Responsibilities operates, it is quite debate. The opposition gave the government the important that members are furnished with a opportunity in this house to establish a Scrutiny of Acts comprehensive overview, via a statement of and Regulations Committee before the other compatibility, of how each piece of legislation affects committees were established so that it could look at the human rights. One would have thought that this bill first three bills that were introduced into the house. It would have been a very important case for such a has been said in the 1997 scrutiny of acts annual report: discussion to take place, but because it was rushed in It is … critical that a mechanism such as the Scrutiny of Acts we saw a statement of compatibility that is in effect one and Regulations Committee exists, to ensure that citizens’ line that says ‘There are no human rights protected by rights are not undermined … much merit of the committee’s the charter that are relevant to the bill’. work lies in its facilitation of the parliamentary debate. The effective ventilation of issues is crucial if members and indeed the Parliament are to serve the Victorian people I do not believe that is the case. That wording appears properly. in the statement of compatibility for this bill because the government did not do the work. If the government They were the words of Peter Ryan, MLA, in the 1997 had taken its time and introduced the bill properly when annual report of the Scrutiny of Acts and Regulations the rest of the legislation was ready, we would have Committee, quite clearly setting out how important the seen — I hope — a more substantive statement of now Deputy Premier feels the Scrutiny of Acts and compatibility. This is an important part of the debating Regulations Committee’s reporting functions are. We process in Parliament — that is, we as members from are debating a bill about which we have now received a both sides of the house are furnished with a rigorous Scrutiny of Acts and Regulations Committee Alert discussion, contained in the statement of compatibility, Digest, but in the last sitting week I think we had six or of the impacts of each bill on human rights. It is seven members speak on this bill without the benefit of something that previous government members and a report from the Scrutiny of Acts and Regulations other members on this side of the house have argued Committee. strongly for. Without a substantive statement of compatibility, we are left without any discussion of the As I said, there are a number of questions around the powers of PSOs and how they will be applied at

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Tuesday, 1 March 2011 ASSEMBLY 353 railway stations. One of the issues is the powers of members of this house agree with that power, because arrest they will have. The advice we were given, which the proper training will be put in place, but until we was discussed at the briefing with government advisers have that information, until the substantive legislation is and department representatives, was that PSOs, as the brought into this place later in the year, or maybe next situation currently stands, do not have the power to year, and we are able to debate it, we are not going to arrest where they are not witness to an offence. So if a know. Certainly the Baillieu government will not be person at the end of a railway station says to a PSO able to be taken seriously with the stunt bill that we there has just been an offence committed at the other have before us right now. end of the railway station, if the PSO has not witnessed that offence, they cannot perform an arrest. That is an Mr WAKELING (Ferntree Gully) — It gives me issue the government needs to work through. We need pleasure to rise to speak on the Police Regulation answers to that. Amendment (Protective Services Officers) Bill 2010. If ever we wanted to understand why those opposite lost We are seeking information as to whether or not PSOs government, we need only hear the words of the will have the power to board a train. We are told that member for Bundoora, because they just do not get it. the PSOs cannot board a train at a platform, so you The people of Victoria were crying out for the previous have a situation where a crime is taking place on a train government to do something about law and order: to and the PSOs do not have jurisdiction to go off the take a stand, to act and do something that impacted on platform onto the train. We have questions around the Victorians with respect to safety. Broadening the role of railway station precinct. What is included in a railway protective services officers was just one of a suite of station precinct? Is a car park included? Are lifts and policies that the then opposition took to the people of elevators included? What about across the road; what Victoria in 2010. about if a PSO standing in a railway station car park witnesses an offence taking place across the road? Last year I had hoped that we would have been in this These sorts of matters, these details, are important so place debating legislation to introduce protective that we are able to debate the issues properly in this services officers, because all of us on this side of the place. Instead what we have is a government that just house would have much preferred to have seen those wants to say, ‘This is fantastic. We’re tough on crime. important people already on our stations rather than be We’ve introduced this bill. We’ve fulfilled our election sitting here today having to debate legislation to do commitment’. But that just does not wash when you what those opposite failed to do during 11 dark years in apply any sort of scrutiny to this bill. government. One need only ask the fundamental question, ‘If the Labor Party had been returned to There is also, as I said before, the important issue of office, what would we be debating today with respect to whether protective services officers will have powers protection on our train stations?’. The answer is under section 10 of the Control of Weapons Act 1990. nothing. The previous government was not offering It is absolutely vital, in my opinion, that parents here in Victorians anything with respect to this important issue, Victoria know whether or not that will be the case. The and it told the Victorian community that people were Control of Weapons Act 1990 is a fairly important safe because there were people in ticket boxes — piece of legislation, which was introduced by the Labor people who were behind glass selling tickets. government, that gave police officers the power under a certain set of conditions to strip-search people, even I can say with the greatest respect to those staff children, without a warrant. That was very members that they are not out patrolling railway controversial. The government of the day thought that platforms. They are not out patrolling car parks at police officers had the training and that we had the right midnight. They are in their ticket boxes, where they are conditions to allow that to occur. employed to be. What we are proposing under this important piece of legislation is to provide Victorians Now it is very important for us to know whether with added safety at night — two protective services protective services officers — who despite what might officers on every metropolitan railway station and be their best intentions, if the current training major regional stations. Those opposite can whinge, arrangements continue, will have only 8 weeks training they can whine and they can carp as much as they like, compared to the 23 weeks training which police but they know in their heart of hearts that they failed to officers receive — will have the same powers under act and that is the reason they are sitting in opposition. section 10 of that act. That is an important issue. I think every parent in this place would want to know whether The coalition government will employ 940 protective or not their kids could have a PSO strip-search them if services officers. Those opposite were offering nothing. they go down to the railway station. It may well be that We will provide safety on our stations at night. Those

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354 ASSEMBLY Tuesday, 1 March 2011 opposite say that we were elected on a platform and we this type of important cause, which my community has should act. One of our first acts as an incoming overwhelmingly told me it backs. Opposition members government was to introduce this important piece of can stand there and talk as long as they like, but the legislation. We acted from day one. On the first day of Victorian community has said, ‘We want this incoming the parliamentary sitting of the 57th Parliament the government to act. We want someone to do something Liberal-Nationals coalition government introduced this about law and order. We want more police on the very important piece of legislation. streets. We want to see tougher penalties. We want to do away with suspended sentences. We want a In my own electorate of Ferntree Gully we fought for government that is prepared to listen and, more many years to get our local railway station — Ferntree importantly, to act’. Those opposite challenged us to Gully railway station — upgraded to premium status. act. Do you know what, Deputy Speaker? We have We ran a local campaign, and after many years we acted — and this is just the start. A tranche of finally got the government to agree to upgrade the legislation will be introduced into this house, because station. In 2006 only one political party committed to we were charged with the responsibility of acting for upgrading Ferntree Gully railway station to premium the safety of Victorians. status, and that was the Liberal Party. The Labor Party had no policy on this matter. I was pleased when the I spoke to a local policeman who serves the Knox former Minister for Police and Emergency Services community, where, as members can appreciate, opened the new facility for the previous government. I personnel are stretched to the limit and the capacity to was gracious, and I congratulated it on opening that service Ferntree Gully railway station is limited. It was upgraded facility. It was an important outcome for my noticed that a gentleman sitting on a platform when a community, but more needs to be done. train pulled in and pulled out again did not board the train. The police officer spoke to the staff member People tell me they feel unsafe standing on the platform behind the glass who indicated that the gentleman at night. As the local member, even though we were in concerned was at the station quite regularly and opposition, I surveyed my community — the people potentially involved in illegal activity. I can tell you, who use that station — and asked them what they Deputy Speaker, that in future if people like that are thought about this issue. Of the respondents to that hanging around at a station after 6 o’clock at night there survey about Ferntree Gully station, 87 per cent told me will be a protective services officer standing there and they wanted protective services officers placed on that watching them. At the moment there is nobody on station every night of the year from 6.00 p.m. to the last platforms watching the activities of unsavoury types or train; 87 per cent of people who use Ferntree Gully watching the activities of people in railway station car station told me they wanted the former government to parks. act. They wanted it to do something; they wanted it to listen. We asked the Labor government to do The point was made by a member opposite that a something, but it refused to do anything. We said to the protective services officer could be on stations where government, ‘If you won’t do it in government, we will there was no such activity. How wonderful that would do it as one of our first acts when we get into be. Would it not be wonderful to think that at a railway government’. station no-one was being assaulted, no-one was selling drugs and no-one was acting in an unsavoury way? Just I am proud to stand here today and say, ‘Do you know imagine having two protective services officers there what? We have actually done it. We have already sending a message to these people who want to introduced the legislation and, more importantly, if it is misbehave that this is not the location at which to do passed by this house and passed by the other house, it that. That would be fantastic. If that is achieved, it will will become law’. We could soon start to train be a great victory for Victorians. I would be proud to protective services officers so that they can work at our hear a protective services officer say, ‘You know what? local stations and protect people. I have been at this railway station all night, and no unsavoury behaviour has occurred. And do you know It was reprehensible of those opposite to stand in this what else? I was here the night before too, and no-one place and call protective services officers nothing more was acting inappropriately’. That is sending a clear than plastic policemen. That is reprehensible in relation message. to not only the members who serve in this precinct but also those who are going to serve as protective services In relation to safety on the public transport system officers at railway stations. More importantly it sends a members opposite used to throw statistics at the very clear message to the Victorian community that the community. They would say, ‘Crime on public members opposite do not in their heart of hearts support transport is down by 20 per cent’, or, ‘Crime in this area

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Tuesday, 1 March 2011 ASSEMBLY 355 is up by 15 per cent’ or whatever. If you are 70 years of same again. They sell out their constituents at the first age and you want to go to the city to watch a theatre glimpse of a white car. production, the fact that crime may have decreased by 20 per cent in itself is not going to make you feel any One of the other things I am concerned about is the safer about getting on a train, going out to Ferntree training time — 8 weeks for new PSOs and 23 weeks Gully, getting off at Ferntree Gully railway station and for a full Victoria Police constable. With only eight walking through a car park where you know there will weeks training, these people will have guns. I am very be no-one to protect you. We will provide that safety concerned about that. Where do the guns go at night? and certainty, and those opposite need to take heed of They will go back to a locked place. Here we have what Victorians have said. officers with no power to arrest people, but they can shoot them. Instead of arresting them, they can shoot Ms BEATTIE (Yuroke) — Although the opposition them. That is a real concern. does not oppose the Police Regulation Amendment (Protective Services Officers) Bill 2010, it does have I also have concerns about occupational health and some concerns with it. I would like to go through some safety matters. I note the number of women in this of those concerns and address them in a reasonable chamber — and it is good to have a lot of women in the way, unlike government members, who just beat their chamber — because there is a lack of facilities being chests and say, ‘We did this, and we did that, and at provided. I may be a bit crude here — so forgive me if I Ferntree Gully this happened’. I am concerned about am — but we all know that not all train stations have the way in which this bill has come to the house. toilets. There may be something in this legislation that I Despite the government’s mandate and its saying it will have not seen which says a lemon tree is to be planted fix the problems and build the future and that at every station for the male PSOs, but I do not see everything will be transparent and accountable, we saw anything for the female PSOs. Where will they go to no accountability for this bill. It did not go through the toilet? They will be there from 6.00 p.m. until the proper parliamentary scrutiny, through the Scrutiny of last train without any toilet facilities. I would have Acts and Regulations Committee. It is cause for thought it would be a major concern of the Police concern that the Scrutiny of Acts and Regulations Association to look after these members. Will they have Committee has not had a chance to comment on the a meal break during that time? From 6.00 p.m. until the bill. If it had, I am sure it would point out some of the last train seems an extraordinarily long time to be on concerns that I have with the bill. However, we have duty without any sort of meal break. If they require a this bill — as small as it is and lacking in detail — and drink, they will need to go to the toilet, but there are no we will not oppose it. toilets — only perhaps lemon trees to be planted at every station. The bill broadens the purposes for which protective services officers (PSOs) can be appointed, and it We see the way this bill has been brought into the removes the cap on the number of PSOs that can be Parliament without much thought. It is being rushed appointed. It seeks to create a framework for the through without any scrutiny by the Scrutiny of Acts appointment of 940 protective services officers on the and Regulations Committee. Not a lot of training for train system — that is, at every station in metropolitan officers is provided for: 8 weeks for a protective Melbourne and at major regional centres — from services officer in comparison to 23 weeks for an 6.00 p.m. until the last train. I am concerned about that. ordinary police constable. As I said, I have concerns We know that the government is referred to as the that The Nationals has sold out its constituents, because Baillieu-Ryan government, but there seems to be a bit the bill really does not address what is going to happen of a sell-out by The Nationals in what they are doing. at some country stations. The government would have They are not looking after their country constituents; us believe that there is no crime at country stations, so country constituents are not looked after. We all know they are not needed — — how to win the support of The Nationals: you dangle a couple of keys to a couple of white cars and they are Dr Sykes interjected. yours. All you need to do is dangle those keys. Ms BEATTIE — The member for Benalla tells me The DEPUTY SPEAKER — Order! On the bill, there are no trains at country stations. Let us consider please! what happened under the Kennett government. How many country lines were closed under that government? Ms BEATTIE — That is how The Nationals were I say to the member for Benalla that he should address emasculated during the Kennett years, and it will be the his concerns about the railway stations to the government and to the previous Liberal-Nationals

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356 ASSEMBLY Tuesday, 1 March 2011 coalition. It was the Labor government that built I believe this legislation is tangible proof of the stations. It was the Labor government that promised approach this government will take in discharging its more premium stations, a policy which has since been role. It is tangible proof of a practical approach to scrapped. It was the Labor government that delivered governing, of an approach that will see us bring in the Craigieburn, Coolaroo and Roxburgh Park stations, measures that will actually work. We are not concerned and it was the Labor government that ordered extra with being seen to be doing the right thing; it is about trains. Let us see what the Baillieu-Ryan government getting things done. It is about improving the situation can do to fix all these problems. for the people of Victoria. It is about tackling issues of genuine concern and doing so in an effective manner. With the lack of facilities on the stations, before long there will be a problem with the retention of new This very first measure in terms of public safety, recruits, because how many people are going to go to brought in on the very first day that Parliament sat, is a stations where there are no facilities, where they cannot measure to tackle an issue which has bedevilled public have a toilet break, where they cannot have any food transport and particularly the rail system in this state for and where there are occupational health and safety far too long. For the last four years I have sat here — concerns? I have a real concern about that. However, and some of my colleagues have sat here for the Baillieu-Ryan government has promised to deliver considerably longer — and put up with a government 940 protective services officers. I wish it well in its content to hide behind manipulated statistics. recruiting of them, and I wish it well in their retention. Mr McIntosh interjected. Not only must we be tough on crime by having PSOs at stations but we must also be tough on the causes of Mr MORRIS — Exactly. As the Leader of the crime. That is what we need to do: get tough on the House interjects, they would not admit that there was a causes of crime and provide better education to stop problem, but as the Leader of the House and I certainly kids being disenfranchised from school and to keep found out, there was. When I had the pleasure of them at school. These are the ways to prevent crime — accompanying him on visits around the state in his not by putting more and more police officers at stations, former role as shadow minister for police. We sat in giving them powers to shoot people but not arrest them muster rooms around the state where again and again and arming them with guns after only eight weeks we were told the same things about the same sorts of training. I have concerns and I am sure the Scrutiny of issues. Perhaps there was some slight difference Acts and Regulations Committee would have had depending on the environment, but it was about the concerns with only eight weeks training being provided same sorts of issues: it was about police numbers, it before people are permitted to carry firearms. However, was about having troops on the streets, and it was about we will wait to see the outcome of this government’s having a visible presence. It was not about detecting policy. We will wait to see if this fixes the problems. crimes once they had been committed; it was about being out there and being up-front and preventing the Mr MORRIS (Mornington) — It is a great pleasure crime in the first place. Yet for the last four years we sat to have the opportunity to speak on this very first in this house and listened to the former government’s measure of what will be a veritable raft of measures constant mantra about a lower crime rate — that the from the Baillieu government aimed at improving crime rate had gone down, that the crime rate was public safety in this state over the next three and a bit diminishing. Year after year we had those statistics put years. in front of us indicating that things were improving.

Before I proceed to make the comments I intend to Members might think improving the clear-up rate for make, I want to pick up on one point that the member bicycle theft is important — and not to belittle the for Yuroke made towards the end of her contribution. I offence of bicycle theft; it is important — but in the thought that almost every other point she made was scheme of things when you compare it with serious either less than relevant or completely wrong, which is assaults, it pales into insignificance. That is where the unusual, but she made one point that I think is drops were occurring in the crime rates — the minor correct — that is, that we need to be tough on the offences, the petty offences. The issues of substance — causes of crime. the crimes where people were actually getting hurt and the crimes where people were being intimidated into Where the former government failed was that it was not changing their habits, into changing their patterns, into also tough on crime itself. It is very easy to dismiss any changing the way they lived their lives, and in this measures to enforce the law as being tough on crime instance being intimidated into perhaps not using public but not on the causes of crime. You need to do both. transport as often as they would like — were simply not

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Tuesday, 1 March 2011 ASSEMBLY 357 being tackled, yet we had this constant spin of ‘the committee meeting. The current members opposite crime rate is going down’. clearly have learnt nothing from their defeat.

It was a classic example over an extended period of I want to pick up on a comment that was made by the manipulating statistics in an attempt to prove the spin. member for Bundoora and repeated by the member for The approach was to develop the story, develop the Yuroke that the Scrutiny of Acts and Regulations spin, and then try and find a series of figures to justify Committee (SARC) had not considered this bill. I have the case that was being put forward. We have had proof in front of me the report of the committee on this bill. It again in the last 24 hours or so, where varying sets of was tabled this afternoon, but perhaps people did not figures, to put the nicest possible interpretation on it, catch up with that. The report is comprehensive. It sets have been produced relating to the central Melbourne out the purposes of the bill in terms of amendments to area. sections 118B(1) and 118B(1A), and then the committee made no further comment. The committee I commend the Minister for Police and Emergency considered the bill and made no comment. Services on his decision to refer those issues to the Ombudsman, because the Ombudsman has proved that As someone who reads SARC’s reports with interest he has the tenacity and ability to cut through the layers and frequently picks up the issues that the committee to get right to the bottom of the issue and to the facts, identifies — and in the 56th Parliament the committee and we might finally after 4 or 5 years, or perhaps did some very useful work, particularly in identifying 11 years, get a real answer on what has been happening some of the more ridiculous excesses of the charter — I with the crime statistics in this state. It was a triumph of find that work useful. The committee made no spin, but not over substance, because there was comment on this bill, and on that basis it would appear precious little substance in the former government’s that it had no concerns about it. approach to crime prevention. It was in fact a triumph of spin over reality, of spin over the facts. Today we are debating an excellent policy initiative. We are debating an issue that is critical to many This is absolute proof — not that it is needed; it is quite residents of the Mornington electorate who use the clear — that the former government was out of touch. It Frankston line. It is a practical response to a very real was a poll-driven government, a government driven by problem, and I commend the bill to the house. research, by focus groups, by spin — a government whose only concern from 1999 on was about winning Ms GREEN (Yan Yean) — It is with great pleasure and holding government. It was not about good public that I join the debate on the Police Regulation policy. It was not about governing in the public interest. Amendment (Protective Services Officers) Bill 2010. It It was not about working on a real future for all has been interesting listening to this debate. Victorians. It was about retaining government, retaining access to staff and offices, and perhaps most I have been in this place a bit over 8 years — it is just significantly of all — and when the anticorruption over 3000 days since I was elected, and I am proud to commission is in operation, it will deal with this represent the electorate of Yan Yean — and I would issue — retaining the opportunity to distribute have to say that this would have to be one of the patronage: securing supporter bases through the thinnest bills and most lacking in detail of almost any distribution of patronage. That is not about governing in piece of legislation I have seen here in that time. If the the public interest in any way at all. government is saying that this issue is so serious, then the community deserves to know more detail about If members want a concrete example that nothing has what is intended here. It shows the government is not changed since 27 November, I can tell them that when serious. this bill was first being debated I received an SMS requesting my attendance at a marginal seats committee Government members across the chamber have been meeting in the Labor Party room. I am sure I would not accusing the Labor Party of spin. This bill is an have been welcome. I certainly do not consider myself absolute example of how they themselves are to represent a marginal seat. I did when I was first attempting to master spin, and they are failing. They elected, but I have been there and do not want to go have introduced such a thin, thin bill. And yet they were back there again. The reality is that there was an saying it was a matter of urgency to sit in December. In opportunity to use time in the Parliament to debate the first sitting week, when the new government wanted issues of real concern and significance to the to have a garden party with all the hats and gloves and community, yet it was being wasted on a marginal seats everything, it said it was a matter of absolute urgency that we had to debate these matters in Parliament, but

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358 ASSEMBLY Tuesday, 1 March 2011 the government was not even prepared to allow the additional police resources but that he must put them second-reading speeches on the bills to go ahead that where the government says — that is, on every station week. The opposition had to force the government to on the metropolitan network. That may be a good thing, present the second-reading speeches. If it was not for but it seems to me — you could not really tell from this the opposition pushing the government to do that, we bill, but it seems implied to me — that the police would not even be debating this bill now. The lack of commissioner will not have the ability to direct his detail in this bill betrays the Baillieu coalition’s scant staff, these PSOs, to actually be moved to a station regard for transparency and accountability, despite where they might be needed more and where there these things taking centre stage in its effort to win might have been incidents that have required action. So government. the bill is usurping the role of the police commissioner.

For piecemeal bills such as this to have gone to the The other thing I would ask members of The Nationals Scrutiny of Acts and Regulations Committee only at the and members of the Liberal Party representing the outer late stage that they did — I remind the house again that suburbs is: why are they supporting a bill that says, the opposition offered to allow the establishment of ‘Okay, we will have PSOs on every metropolitan SARC and also the Public Accounts and Estimates station’? On the metropolitan network my electorate is Committee on the first day of Parliament, but the served by the Epping, Hurstbridge and Wattle Glen government rejected that offer — shows that the railway stations, while Greensborough station is shared government does not care about accountability. between the Eltham, Bundoora and Yan Yean electorates. Hurstbridge station is about 40 kilometres A number of government members have wrongly cast from Melbourne, while Donnybrook is a V/Line station aspersions on opposition members’ views about PSOs and is 30 kilometres from Melbourne. Wallan is the (protective services officers), saying that we do not next station on the line, but the bill does not allow for support them. This could not be further from the truth. protective services officers at that station. Why is this The PSOs in this precinct and other places where they the case? The police commissioner should be able to are deployed do an outstanding job. We have had a deploy these officers where they are needed, not where longstanding commitment to PSOs. an ill-informed and politically driven government says they should be. It was about 18 months ago now that I spoke in this house on a bill that was introduced by Labor in The member for Yuroke rightly pointed out that as government which sought to take the cap off the employees these PSOs are entitled to not only good and number of PSOs that could be employed, trained and decent training but also decent facilities. Those opposite deployed by the Chief Commissioner of Police to a have scoffed at this. We have seen this time and again wider range of duties. That would have given the police with regard to anything to do with working people. commissioner the opportunity to deploy these officers Those opposite could not give a toss about employees’ in various ways. But, no, the Liberal Party and The entitlements — whether they will have anywhere to go Nationals at that time voted down that measure. I to the toilet or to get a drink. suggest that the new members of the coalition in this place read Hansard, because it is there, in black and I am proud to say we upgraded Wattle Glen station — white: their parties voted against this measure — it was we tripled the amount of car parking and put in knocked off in the upper house. The truth of the matter lighting — but there are no toilets there. The bill makes is that if the coalition opposition, as it was then, had no capital allocation to ensure that the poor old PSO done the right thing by the community, there would who will be there for his or her shift can go to the toilet. have been more PSOs. I just point out that hypocrisy to At a number of other stations the toilets are locked. those opposite. There are numerous questions about this bill. You The other aspect inherent in this bill is that it pays cannot say the government is serious about this issue disrespect to the chief commissioner and usurps his when it takes the community and the PSOs for granted role. I am proud that when in government we resourced by introducing legislation that is so thin and flimsy. police at the highest level in terms of funding; the Other members have talked about the lack of clarity number of police that were trained and went through regarding the powers of PSOs — and I mean no the Victorian Police Academy in Glen Waverley had disrespect to PSOs. The member for Monbulk rightly never been higher. But we have always respected the raised the point that in the UK officers with similarly chief commissioner’s ability to allocate resources as he curtailed powers and training have found themselves in sees fit for operational reasons. What this bill does is invidious positions. In the last year a young child tell the police commissioner that he can have some drowned there while members of the community were

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Tuesday, 1 March 2011 ASSEMBLY 359 pleading with two community police officers in going to do some refinement. We are going to uniform to rescue the child, not knowing they did not implement what this government is going to do down have the same powers as police. The bill is setting up the track which will bring common sense back, cut out PSOs to fail and will not address the problem that the some of the red tape and get the coppers on the beat. government says exists. We will have the PSOs out there providing safety on the stations. Why has it taken 11 long years to get to I remember the 1980s; it is incredibly important to train this point? In the first weeks of our government coming officers on railway stations to behave appropriately in in, we are delivering what the Labor government failed the discharge of their duties. If the officers who are to deliver. deployed have the low level of skills that railway investigation officers had in those days, then we are in As has been mentioned by some on the other side, this for a mountain of trouble. is a very brief piece of legislation. It is a simple piece of legislation that is devoid of spin, because it exemplifies The member for Bundoora raised issues about search the approach of the Minister for Police and Emergency powers allowing anyone’s child to be searched. This is Services to doing things. The minister is concise, to the all unclear. The government needs to do more work on point and pragmatic. We have heard the Labor Party this. The opposition does not oppose this legislation, response: the response of the member for Yan Yean, but it is a problematic bill. who bleated but has not worked out yet that the minister is going to deliver what her party and its Dr SYKES (Benalla) — It gives me great pleasure ministers failed to deliver in the 11 long years of the to rise and contribute to the debate on this bill after Labor government. some outstanding presentations by the member for Yuroke and the member for Yan Yean. I have never The member for Monbulk was gracious enough to heard so much codswallop from people who were in acknowledge that the law and order issue was a major power for 11 years and who failed to act. As soon as we factor in the coalition being on this side of the house get someone coming into this Parliament and serving and the Labor Party being on that side of the house, as up simple, straightforward legislation that has clear well as acknowledging that we are capable of direction and is a clear step down the roadway, we have addressing the community’s concerns and making our the whingeing, the whining, the drivelling and the stations and our streets safe again, but he then went carrying on about a lack of toilets. I find it truly back to the old Labor Party spin. He could not help amazing. I am looking forward to continuing this himself. To quote the member for Benambra in his presentation after dinner. contribution during the last sitting week:

Sitting suspended 6.29 p.m. until 8.02 p.m. Let it never be forgotten that over the course of the previous Labor administration violent crime against the person rose in Dr SYKES — In continuing my contribution on the Victoria by an astonishing 40 per cent. Assaults alone rose Police Regulation Amendment (Protective Services 70 per cent during the same period, and on Labor’s watch more Victorian families than ever before were touched by the Officers) Bill 2010 I indicate, as other speakers on this injustice of indiscriminate thuggery than at any other time in side of the house have mentioned, that this is part of the our history. Baillieu-Ryan government’s commitment to being tough on crime. The public of Victoria is sick and tired That is coming from an ex-cop. Clearly what we are of the previous Labor government being soft on crime saying is that we know what is going on. and in denial — and that is confirmed by the nodding from the member for Geelong. The member for Monbulk then referred to our protective services officers — the people who protect This bill is very simple for all members present to the members of this Parliament, protect our courts and understand. Basically it sets about removing the cap on protect the Shrine of Remembrance — as plastic police. the number of protective services officers (PSOs) to What an insult! Not surprisingly our PSOs are not allow the honouring of the commitment by the happy about that, and we will see that reflected further Baillieu-Ryan government to put 940 PSOs on stations, down the track. Not only did the member for Monbulk which is in addition to 100 transit police and 1600 new say this during the parliamentary debate, but he also police. It is also in addition to what members may have used those same words today in an article in the Age. read in the Herald Sun this week, which I think stated He has not yet worked out that one should not reflect that the Chief Commissioner of Police has finally poorly upon the people who put their lives on the line to publicly acknowledged that there is a need to have protect us and the people of Victoria. coppers on the beat and not just on the books. We are

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The member for Yuroke made a dribbling contribution pushed to get some bills introduced into the Parliament when she spoke about the lemon tree at the stations. in December — we have had some bills to debate What a pathetic performance by the member for during this week and the last sitting week. I Yuroke — and she wanted to give The Nationals a congratulate the opposition on that push. work over! One of the things she mentioned about The Nationals was the point I raised about not needing When we talk about the Liberal Party’s policy of PSOs on regional rail stations because we do not have staffing stations with protective services officers trains servicing some of our regional rail stations. The (PSOs), it should never be forgotten that it was the member for Yuroke failed to acknowledge that the line Kennett government that sacked 11 500 staff in the area that does not have trains is the north-east rail corridor, of public transport between 1993 and 1998, including where some 18 months or 2 years ago the Labor 600 station staff. By 1995 only 51 premium stations government, along with the federal government, remained staffed. This did enormous damage to the embarked upon a program to upgrade the railway line. train network, because having less staff available meant It is pretty simple: you just remove the sleepers. There that passengers were intimidated by louts, vandals, are no sleepers here tonight, but there will be later. criminals and other social misfits who ran amok across Remove some of the Labor sleepers and replace them a network that was largely unstaffed and neglected. with concrete sleepers — not concrete boots, but concrete sleepers. You put them in place, you pad it all The opposition does not oppose the bill, which is short down and then you run the train over it and everything on detail but, as we have all observed, long on rhetoric. is hunky-dory. Two years on we have mud holes and The bill broadens the purposes for which PSOs can be millions of dollars being spent on redoing the work that appointed and removes the cap on the number that can was not done properly the first time. be appointed. The bill allows the government to appoint an additional 940 protective services officers on train The member for Benambra and the member for Murray stations. These 940 PSOs are to be stationed on Valley pursued this matter and found not only sloppy metropolitan railway stations and at rail hubs in major sleepers but also problems with drivers who do not feel regional centres from 6.00 p.m. until the last train, adequately trained. Members of the former government seven days a week. However, the Premier committed to pride themselves on being representatives of the having PSOs on every station in Victoria at the last workers and working families, and yet they have not election. It was an election commitment and it is the been able to work out an appropriate training strategy public expectation, but it now turns out to be a broken with unions and train drivers so that drivers can be promise. There are 212 stations on the metropolitan rail ready when the train lines are ready. What a pathetic network, and there are 85 stations on the regional performance! It confirms one more time that Labor network. Most of those 85 stations will not have PSOs. cannot manage. Its members did not manage the state, and that is why they are on that side of the house and The government promised to have PSOs stationed at we are on this side of the house. major regional stations in Geelong, Ballarat, Bendigo and Traralgon from 6.00 p.m. until the last train, seven In summary, what we have in this bill before the house days a week. According to the V/Line annual report for tonight is two simple pages. We have a sound first step 2009–10, there were 13.71 million passenger trips on that is concisely presented and will enable the the regional network, following patronage growth of Baillieu-Ryan government to take the next step in 4.1 per cent in 2008–09. The allocation of PSOs at only recruiting 940 PSOs. This measure, along with other metropolitan stations and major regional centres is a measures already introduced in this Parliament by the snub to the commuters who board trains across the rest Baillieu-Ryan government in its first few weeks in of country Victoria. In excluding large parts of regional office — and with many more pieces of legislation to Victoria under this policy the Baillieu-Ryan come — will restore law and order and a sense of government will yet again disadvantage country safety, which the Labor government failed to deliver in Victorians and regional communities, despite all the 11 dark years. The Baillieu-Ryan government will rhetoric about looking after country and regional make Victoria a safe place to live, work and raise a Victoria. The Baillieu government promised a zero family. tolerance approach to crime on public transport for all Victorians, for both those who live in metropolitan Mr PERERA (Cranbourne) — I wish to make a cities and those who live in regional centres. few comments on this short piece of legislation, the Police Regulation Amendment (Protective Services The training of a PSO takes only 8 weeks, as opposed Officers) Bill 2010. Thanks to the Labor opposition — to 26 weeks for the training of a police officer. The especially the leader of opposition business, who PSO positions were originally designed for security

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Tuesday, 1 March 2011 ASSEMBLY 361 purposes. The officers were to serve in this precinct or irrespective of whether there are issues regarding the other places as security officers, so eight weeks training trespass of human rights in the bill. was adequate. Now that they will be deployed to stations in crime prevention roles they need better In office, Labor improved the safety and security of training than they used to receive. I am not sure that the people and property on the public transport network government has considered this. through initiatives such as station upgrades. Those upgrades will be scrapped by the Baillieu government. The training is planned to take place at the Victorian It is punishing commuters on the Frankston and Police Academy before the PSOs are sworn in. The Sandringham lines by dumping the upgrades to government should bring in responsible long-term premium status for the Windsor, Highett, Chelsea and measures rather than bandaid solutions. The police Seaford stations. Those upgrades would definitely academy is over capacity with the training of make those stations safer. The upgrades under Labor 1700 extra police officers committed by the Baillieu increased the numbers of transit safety police officers, government — if it is to deliver on its promises. provided additional platform staff to sell tickets and However, the government has not committed any provide information and amenity to commuters and funding to upgrade and expand the police academy. If targeted operations to crack down on assaults, the use the government is fair dinkum about a proper eight of weapons and alcohol-related street crimes. There weeks continuous training to produce 940 PSOs, it were more than 500 authorised officers patrolling the could consider an alternative site for a training train, tram and bus networks. Eventually, before Labor institution. I can recommend land available next to the went out of office, it had ordered extra trains. That is Carrum Downs police station in my electorate as an why the police commissioner made the comment in ideal place for a second police academy. January that stations are safe places. That was the result of the work of the previous Labor government. As I understand it, the PSOs will have no jurisdiction inside the trains. They will carry guns but they will be Mrs VICTORIA (Bayswater) — I am extremely able to hold offenders only until the police apprehend pleased to rise in support of the Police Regulation them. What will be the situation when one or two Amendment (Protective Services Officers) Bill 2010. people out of a gang of 4, 5 or 6 commit an offence? Protective services officers (PSOs) are in front of us One PSO will hold one and the other members of the every day that we are here in the Parliament of Victoria. gang will be free to do whatever they want — rescue PSOs are the people who protect us and so many the person under apprehension or bash the PSO or run others. I will give the house a bit of a run-down of what away. Would the PSOs shoot them in that situation? PSOs do, because there seems to be a bit of confusion Would that defensive attack be proportionate to the about what their role is, who they protect and what sort offence committed? Such situations could be very of powers they have. I will get to that in a moment. serious. I am not sure that the government considered these things when designing this bill. This bill essentially seeks to expand the scope of the role of protective services officers. It allows them to do If the offenders get back into a train, the PSOs will have quite a few more duties and to be deployed in certain to tap into the police resources to arrest them, because public places which are not currently covered. It also PSOs will not have the powers to arrest anybody inside removes parts of the legislation that limit the number of a train. Again we will be exhausting police resources. PSOs that may be appointed. We are going to lift that The whole idea of having PSOs is to not have to tap cap — a move that is essential given that we are going into police resources, but eventually there will be to have 940 PSOs manning our train stations. At every situations where they will be doubling up and going station in metropolitan areas, and in other areas, there back to exhausting police resources. Has the will be two PSOs from 6.00 p.m. until the last train government thought through these issues? I do not every night of the week. I, for one, find this an think so. extremely progressive move.

Piecemeal bills such as this are making their way I have quite a few train stations in my electorate: through the parliamentary process without scrutiny by Heathmont, Bayswater, Boronia and Ringwood. the Scrutiny of Acts and Regulations Committee. I was Heatherdale also services a lot of my constituents. One told by government members that now the bill has gone thing that comes up consistently when I do community before SARC but it had not when the bill was surveys is that when it comes to travelling on public introduced and debated in the last sitting week. SARC transport people are a bit dubious, to say the least, about is a watchdog. Every bill should go before SARC, travelling at night. An increase in the number of PSOs at train stations will certainly give a lot more security to

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362 ASSEMBLY Tuesday, 1 March 2011 those who are on the platforms and moving about assets. They are really important people in the whole between platforms. On top of this initiative we are scheme of protecting British society. going to add an additional 100 transit police who will take care of what happens in the carriages while people British Colombia has transit police who are a little are in transit rather than when they are at the stations. different to our transit police — they are a little bit Add to this the extra 1600-odd front-line police that we more like PSOs — and who are responsible for are going to be employing and you have got an passenger safety on the transit system. They do some extremely safe society for Victorians. We are very amazing work. They patrol stations, but their activities much looking forward to that. also extend to patrolling trains and buses. They enforce provincial and federal laws, including transit violations. In the last few days there have been revelations Obviously that is a little different to what we are pertaining to assaults and other violent crimes, and the proposing in Victoria, but certainly those transit police figures have not been as reassuring as they perhaps have duties of great scope, which they perform should have been. Looking at the type of enforcement extremely well. we are going to introduce in this state, I know all Victorians will be feeling a lot safer. If we look at New York City, we find one of the clearest indications that PSOs or their equivalent are I said I would talk about PSOs, and I want to talk a bit incredibly useful and help instil confidence in people about a personal experience I had when I was lucky about using the public transport system. In New York enough to go to Leeds in the UK a couple of years ago. there is a dedicated transit police service along the lines I worked with the PSOs — there they are called we are proposing, which has its own bureau. According PCSOs, police community support officers — and I got to the New York police department committee meeting to spend some time out on the beat. It was a real minutes of March last year, major crime, including eye-opening experience. I wanted to spend a lot of time assault and robbery, on the New York City transit with them talking about community policing and system has dropped by more than 55 per cent since neighbourhood safety, and the job they did was 1997. I think that is quite an outstanding figure, and I amazing. A lot of it was about visibility and the am sure we will see that kind of result here in Victoria perception of safety, and that is one of the things that is from this initiative of putting guards onto our stations to going to be fantastic about having the PSOs here on our ensure the safety of people of all ages and abilities. stations — that perception of safety. It is also important to nip things in the bud; prevention is always far better It is a really important point that it needs to be people of than cure. That is exactly what the PCSOs were doing all abilities who are protected. People in the past have in Leeds, and the work they did was simply stunning. come to me who are not as mobile as other commuters and said that they have felt threatened, knowing that We have the federal PSOs here in Australia, and some they cannot move as fast as others. This initiative will of their duties include commonwealth building security give back to those people the ability to be independent similar to what our PSOs do here at Victoria’s after hours. A lot of people cannot afford taxis to go Parliament House. Also, if an immediate into town, and they will again be able to ride our train counter-terrorism response is needed at our airports, the system without worrying about being harassed at a first responders are always PSOs. They are highly station, being threatened or unsavoury dealings going trained individuals who are prepared to handle specific on at stations. circumstances. Our PSOs on railway stations will be trained and armed and will have powers of arrest. A My office is across the road from a train station, and I little bit of a myth is being spun by members on the quite often work late. One night I was watching a whole other side. PSOs also support peacekeeping forces lot of people who were at the station but not travelling. overseas, and they help protect commonwealth assets, There were people who were getting off the train as it including buildings. pulled into the station, very quickly doing an exchange of I do not know what, hopping back onto the train and In the UK, PSOs and PCSOs protect people like the going further up the line. I can only assume that it was Prime Minister, ministers, ambassadors and other drugs or something illicit. I certainly would have felt dignitaries. They conduct security assessments of vulnerable if I had been sitting on that station platform. civilian staff who are employed by people under special As I said, for a lot of people public transport is their branch protection, such as the Prime Minister; they only means of getting around, and we need to make it provide security for visiting royalty coming into the safe in order for all Victorians to be able to get around UK; and they also protect the UK royal family and their and be independent.

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I am fully in favour of having PSOs on our stations. I That is why it surprises me that whilst we did all of am fully in favour of the initiatives in the bill. I am those things and attempted to amend the Police delighted that the people of Knox and Maroondah who Regulation Amendment Act 1958 to remove the cap on are my constituents are going to feel as though safety is the number of PSOs, the current government, which back in our community and our community is ever was then in opposition, voted that proposal down. improving. This is going to be one more step to making Today we are witnessing hypocrisy in politics and the outer east the jewel in Melbourne’s crown. ideology. The fact is that we tried to remove the cap; we tried to amend the Police Regulation Amendment As I said, our other initiatives, including extra police — Act 1958 but those in government today, who at the front-line police, not spin doctors or people working in time were in opposition, opposed that amendment and the chief commissioner’s office — are extremely voted it down. We are proud of our track record; we are important. The provision of extra transit police — the proud of the achievements of the former Labor police who actually travel on public transport with the government and of course we support this bill because commuters — and the installation of 940 PSOs on our we are on-side with communities and whatever is good train stations at night from 6.00 p.m. until the last train for communities. We are certainly not coming into to are extremely forward-thinking moves. On behalf of all this chamber to play party politics. of my constituents I commend the government for bringing these forward. I fully support the bill. The other matter it is important to place on record is that there is a lack of detail in this bill. That surprises Mr LANGUILLER (Derrimut) — I am delighted me, because I know the minister is usually across the to rise tonight to speak on the Police Regulation details and furnishes this house with good contributions Amendment (Protective Services Officers) Bill 2010. in debate. It must reflect on him or alternatively on his The purpose of this bill is to amend the Police staff that the bill lacks detail, and it is important to point Regulation Act 1958 and to make provision for the that out. appointment of additional protective services officers (PSOs) to perform further functions. Another important matter is the interesting debate we have had in this chamber on whether or not the bill has This bill will broaden the purposes for which PSOs can been considered by the Scrutiny of Acts and be appointed, and it removes the cap on the number of Regulations Committee (SARC). Something one learns PSOs that can be appointed. The bill seeks to create a in this place is that you have to do your homework. It is framework for the appointment of 940 Victoria Police interesting that members of the opposition had placed protective services officers on the train system to on the record that this bill had effectively gone through provide for a PSO on every train station in metropolitan the Scrutiny of Acts and Regulations Committee Melbourne and on the major regional centre stations process. The fact is that it had not gone through that from 6.00 p.m. to the last train every night, seven days a committee on time. That is an important qualification I week. must make. I took the time to visit the papers office of the Parliament and find notice paper no. 3 of Thursday, The Speaker would have registered of course that 10 February 2011. I noted that in orders of the day we members of the opposition support the bill and will not had the Police Regulation Amendment (Protective vote against it. We do that for a number of very good Services Officers) Bill 2010 listed for 10 February. But reasons. The first is because we on the Labor side of the what actually happened was that at the time this house are very proud of our track record of protecting important bill was introduced and many members on communities and doing everything we can to provide both sides of the chamber had debated it, it had not for the safety and wellbeing of every citizen all around gone to the Scrutiny of Acts and Regulations the state. We have improved the safety and security of Committee, because at the time that committee had not people and property on the public transport network been formally and properly constituted; in fact, the through a whole range of very good initiatives such as committee had not met. Of course the bill was debated station upgrades, increasing the number of transit safety at that time and the lead speakers on both sides of the police officers, and providing additional platform staff house made important contributions to the debate. to sell tickets and provide information and amenities to the community. We also oversaw targeted operations to It is important that we clarify this matter. What crack down on assaults, the use of weapons and happened was that in between the two sittings of alcohol-related street crime with over 500 authorised Thursday, 10 February and Tuesday, 1 March, the officers patrolling the train, tram and bus networks. We Scrutiny of Acts and Regulations Committee met and did so because we are committed to such action. conveyed a view in relation to the important matters of human rights issues in the bill. It is important to place

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364 ASSEMBLY Tuesday, 1 March 2011 on the record and refer all members to the important 11 times more assaults in residential areas than there are work of the Scrutiny of Acts and Regulations offences on public transport. The opposition calls on Committee, which was established pursuant to the government to note the important data of these section 5(k) of the Parliamentary Committees Act 2003. offences. Section 17 of the act describes the function of SARC as: In conclusion, I say again that the government is very thin on detail. The government must understand that the (a) to consider any Bill introduced into the Council or the public and the opposition are entitled to have those Assembly and to report to the Parliament as to whether details. I insist on the importance of making sure that the Bill directly or indirectly — the Parliament and the government function properly, (i) trespasses unduly upon rights or freedoms; and in doing so that they continue to maintain the important tradition of referring bills to the Scrutiny of (ii) makes rights, freedoms or obligations dependent Acts and Regulations Committee for proper scrutiny upon insufficiently defined administrative powers … and accordingly advise all members in the Parliament.

I seize on that point because it is important to place on Mr BATTIN (Gembrook) — I am pleased to rise the record that members of the government came into today to support the Police Regulation Amendment this chamber and indicated that this bill had gone to the (Protective Services Officers) Bill 2010. On Scrutiny of Acts and Regulations Committee when in 27 November 2010 Victorians went to the polls asking fact the bill had not gone to that committee until after it one question because they were keen to see not only a had been debated by a very significant number of change of government but also a change in the public members of Parliament on both sides of this house. transport system. They wanted a return to confidence in There are other important matters and questions which that system. They wanted to feel safe again as they the opposition will place on the record in this chamber, travelled on the trains at night, and they wanted to feel and we refer these matters to the minister in the hope that the government was actually acting on their that he will clarify them in summing up at the end of concerns. The previous government failed to act. the debate. Assaults on trains have increased, and in my electorate alone we are sick of seeing headlines such as ‘Man One important matter relates to the powers of the PSOs. nearly loses an eye’ in relation to Berwick railway I note in passing that the Minister for Crime Prevention station. is in the chamber. It is important for all sides of this house and for communities out there to know the Protective services officers (PSOs) are part of the powers that PSOs will have in relation to making an solution to this problem, and having 940 PSOs on the arrest or taking action, unless there is a witness to that metropolitan train system is essential to ensuring that offence, and whether the PSOs will have the power to safety. The solution also includes having 100 additional board trains to arrest offenders or protect the public. police to travel on trains day and night to ensure that There is an element of uncertainty as to whether a PSO passengers travelling on the trains are protected. will have full powers under section 10 of the Control of There appears to be some confusion, and I will reiterate Weapons Act 1990 in regard to searching persons, what the member for Bayswater has said about the including children, without a warrant. These are power of arrest. I am not sure if everyone has read it, important matters for members on both sides of the but the Crimes Act 1958 does not just stipulate house. The opposition and the Victorian public are ‘members of the police force’ when referring to arrest entitled to full and proper clarification of these matters powers. Any person can arrest anyone who has from the minister and the government. committed an indictable offence. The arrest powers in Last but not least in terms of importance, I wish to refer this act continue through to protective services officers, to Victoria Police’s Crime Statistics 2009/2010. Whilst and we need to ensure that they have the ability to I am finding it hard to read because of the font size of exercise those powers safely. the data, I note with interest figure 11, which describes The Gembrook electorate wants PSOs, and it wants the offences recorded by type of location in 2009–10. protection on our station platforms. We have stations — In that period there were 14 406 residential offences, such as Officer, Pakenham and Beaconsfield — in 2195 retail offences, 10 101 street, lane or footpath growing areas, with young families and young people offences, and, as a matter of interest, according to this moving into those areas. When these young people start report there were 1264 public transport offences. In to use the train system to go to school or to go into the other words, while I wholeheartedly support the notion of additional PSOs, according to police reports there are

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Tuesday, 1 March 2011 ASSEMBLY 365 city at night it is essential that they feel safe coming are commitments to transparency, accountability and no home. spin — that is great; I commend the government on setting itself those standards — but on the other hand Again, residents were sick of seeing headlines in there is example after example of poor policies with relation to crime increases on the Pakenham line; the little or no detail. Most importantly, because of that fact most recent one prior to the election was ‘Third train the bills are unable to be scrutinised in the way you station assault in 24 hours’. What happens when you would expect bills that come before this house to be get to a station like Berwick and have an issue there? scrutinised. The former government was looking at putting on extra ticketing staff, and Berwick station currently has What we have in front of us is a shell. You could not ticketing staff who do a fantastic job. I truly hope that at even describe it as a framework; it is a shell. The shell the moment the training of ticketing staff is not about resorts to — by the looks of it, from the way the defending the public out there, because if an assault government is behaving — a lot of the policy detail happens on the platform, it is more about getting out of being found in regulations, which I imagine will give the way, making sure the doors are locked and calling effect to the election commitments of this government. the police. It would be a lot better if, rather than having That is all well and good, but the fact is that this to pick up the phone to call the police, the staff at the Parliament must deal with the policy areas that are so station could just raise their voices and alert someone critical to Victorians. Community safety is one such on the platform. policy area that we on this side of the house are very committed to. We would have expected a bill such as I am standing up here today to support PSOs. We have this to come before us with more detail so Parliament talked about the 8 weeks of training; I went through the could be given the opportunity it needs to scrutinise training at the academy for Victoria Police and did it in policy that should be in it. 19 weeks. The firearms training that a Victorian protective services officer receives is identical to that of The bill deals with a couple of threshold questions — the Victoria Police. They do 1 week’s training with for example, issues about the number of PSOs firearms, and with that training it is essential — — (protective services officers) and the places that the PSOs are able to exercise functions and/or authority. Ms D’Ambrosio — Speaker, I draw your attention The lack of detail raises some potentially serious to the state of the house. questions. I say ‘potentially’ because we do not know what those details will be. Issues have already been Quorum formed. canvassed by other speakers in this house, including the Mr BATTIN — I will continue on with my issue of training periods for PSOs and whether they will discussion of the training of Victorian protective be sufficient, and issues to do with weapons handling. services officers. As I stated, I went through that Let us be clear about this. It is not just a matter of being training at the academy, and the training given to a assured that safety measures are well in place for not protective services officer in firearms and self-defence only passengers but also the PSOs themselves, so it is is equivalent to that given to a Victoria Police officer. important that Parliament be afforded the opportunity to In the eight weeks of training that PSOs do, they do scrutinise bills and debate the policies in them in a one full week of firearms training and one full week of fashion that does justice to the policy settings of safety training, and they also do an element of fitness government — any government, including this training. government. The practicalities of the powers that apply I have full trust in the people who protect this building to areas outside of train stations and the uncertainty on and other buildings of significance around Victoria. I this front due to lack of detail, combined with the less have full trust that they can protect our train stations as than optimal — some people would say, potentially — well, and I would like to support this bill before the training for PSOs can be a recipe for disaster. Parliament. It may well be the case that that does not eventuate, but Ms D’AMBROSIO (Mill Park) — I rise to speak the point is that in this Parliament we do not have the on the Police Regulation Amendment (Protective opportunity to look at that, to weigh it up and to balance Services Officers) Bill 2010. I am amazed by the lack out the policy imperatives the government was elected of detail that is becoming apparent from this on. The fact is that the Baillieu government was elected government by way of policies that make their way on a number of platforms, including this one, balanced through bills to this house. I fear that is becoming a bit out with the implications not just for passengers in of a hallmark of this government. On the one hand there

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366 ASSEMBLY Tuesday, 1 March 2011 terms of safety but also for the PSOs themselves. These processes as it should be allowed to do. Therefore we are real safety issues. need to ask: is this transparency, openness and no spin? This government said it would be transparent and open It is a concern that in the previous sitting week of and that there would be no spin. Parliament, when debate on this bill commenced, the Scrutiny of Acts and Regulations Committee was not in Ms Richardson interjected. a position to scrutinise and to report to the house, as it normally would do, on the contents. Ms D’AMBROSIO — My friend seated at my left has answered that question. Is the government We need to consider the fact that SARC has been transparent? The answer is no. Is the government open? stymied in its normal functions in two ways: firstly, by No. Is the government making the debate on this bill the fact that the bill was introduced before SARC was free of spin? I certainly do not think so. able to meet and consider all of the rights issues and human rights matters and whether the bill abrogates any We also need to consider the fact that Labor has had a of those rights; and, secondly, by the lack of detail in very strong record in community safety when it comes this bill, which could certainly raise issues regarding to public transport. Many initiatives and upgrades were rights. But of course this Parliament does not have the implemented to bring home the importance of opportunity to consider the detail of the policy platform community safety for passengers. The number of transit on which this government was elected. This Parliament safety police officers was increased, and extra platform deserves better, and the members of SARC deserve staff were placed at railway stations. The former better. government also increased the number of premium stations, plans for some of which this government has In effect this government has denigrated the function of decided to scrap — to bin! That is how important it is to SARC, which is very important to a lot of members in members of this government. this place, including the Minister for Police and Emergency Services, who introduced the bill. The Ms Richardson interjected. minister has a very strong record of upholding the function and authority of SARC, and I commend him Ms D’AMBROSIO — I thank the member for for that, but this bill and the process adopted to date Northcote; some 20 premium stations have been leave me concerned and disappointed. scrapped. CCTV (closed-circuit television) and duress buttons have also been placed at many stations. The second-reading speech of this bill takes up only 23 lines; when the first and last lines, which contain I could go on, but I will not; however, it is important to very little insight into the function or purpose of the focus on this government and what it promised to do. I bill, are removed, it is only 21 lines. wish to note that large numbers of people in regional Victoria will be left without any PSOs. What does that Ms Wooldridge interjected. tell us, particularly when members of this government tell us they have a ‘zero tolerance approach to crime on Ms D’AMBROSIO — Correct! The Minister for public transport’? That is the government’s statement, Community Services got that right — she has got but it ain’t the case if you live in large parts of regional something right today. Therefore if we look at SARC’s Victoria; it ain’t important to this government. That is report — the Alert Digest tabled today — is it any what this government will be remembered for. wonder that we see that SARC is reduced to reporting Members of this government have been scrambling for five lines on this bill? It is such a shame that SARC has things to do, but they fall short of what a good been reduced to that, because this bill fails to provide government should be doing. It certainly puts into the details that would enable members of SARC to do serious doubt — — the job with which they are charged. Mr Burgess interjected. We need to consider that if the government has intentions of introducing the bulk of its policy detail The SPEAKER — Order! I warn the member for through regulations, then what ability is there for this Hastings. Parliament to consider those regulations in detail? Everybody in this house who has been here a little Ms D’AMBROSIO — It certainly puts into serious while knows that regulations can only be disallowed by doubt this government’s promise to be open, Parliament; the policy content cannot be debated again, transparent and without spin. and there is no opportunity to go through policy detail to allow the Parliament to conduct its functions and

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Mr SOUTHWICK (Caulfield) — I rise to speak in This incident occurred at 9.15 at night — not very late. favour of the Police Regulation Amendment (Protective You would think that coming home at that time would Services Officers) Bill 2010. I am proud to lend my be safe. When my constituent was asked what he did to support to this commitment of the new coalition provoke the bashing, he said that he asked the youths government. This is one of the fundamental policies we not to smoke. As a result he was severely bashed. This took to the election of November 2010, and it is a incident is typical of the violence we have seen at our commitment that got us into government. There is no train stations; all the people who have been affected question that Victorians have felt scared. They have felt would have been safe if we had had PSOs working at very hesitant about using our train stations and being our train stations. Having protective services officers at out on the streets, because they have not had protective our stations will ensure that these types of things do not services officers (PSOs) to look after them. happen.

In the last 24 hours alarming figures have been released I remind members that PSOs can act as important that indicate a 33 per cent increase in crime at our rail deterrents. This is something that the opposition has stations. What did the opposition do about this issue simply forgotten. We in government are not about when it was in government? Absolutely nothing. The trying to cause crime; we are about trying to prevent it. opposition had 11 years to do something about it, and it PSOs will go a long way towards preventing crimes did absolutely nothing. It is quite interesting that after from happening. If you do not believe that PSOs would all the time the opposition had in government, during be a deterrent, look to other areas of our community. which it was absolutely ineffective with respect to We have security guards standing outside our banks. protecting our train stations, members opposite are now They serve as a deterrent, ensuring that we do not have telling us they are going to do something about the robberies. We have alarm systems in our homes and issue. nice stickers out the front saying ‘This house is alarmed’. These are all deterrents to stop crime from It is only now that they are in opposition that members happening. We have all of these things; the list goes on. opposite have solutions. Their solutions are very If we do not have a deterrent and a visible presence, it is interesting. Firstly, they claim that they are going to put very difficult to ensure that these crimes are stopped. people in ticket boxes behind glass windows to look after us. Secondly, they have said they will install I refer members of the house to something that closed-circuit television (CCTV) cameras at train probably happens in every single one of our stations. People behind glass windows and CCTV electorates — that is, graffiti. If you look at the problem cameras are not going to protect our train stations. We of graffiti, you will see that it starts at railway stations. need protective services officers at the stations. That is Members only have to go to a railway station and why I commend the bill to the house. follow the path from the station along the streets and into the parks to see that it all starts at stations. If we We have heard PSOs referred to as plastic police. I find had the deterrent of PSOs being present, these sorts of that description very offensive, particularly because we things would not happen. have protective services officers protecting us right here at Parliament. They work every single day to protect us. I refer to an important economic argument for this It is very disrespectful for the opposition to call them bill — that is, if we have PSOs at stations, we will have plastic police. more patronage on trains. There is no question that people do not feel safe. If you are planning to go into Last year during the election campaign I held a forum the city in the afternoon and you know you are going to attended by the member for Kew, who is now the be coming home late at night, what do you do? You Minister for Crime Prevention, and is present in the either take a car or you find alternative transport. You house tonight. At this forum over 80 of my constituents do not use the trains because you are scared to do so. expressed their concerns about safety. They wanted The two things that will increase the use of public something done about this issue. We have four train transport are: firstly, if there is safety; and secondly, if stations in my electorate of Caulfield, and we have there is reliability. Safety and reliability are the two severe problems at those stations that need to be things the opposition failed to provide in its 11 years of rectified. I believe PSOs will go a long way towards government. This government is going to deliver on doing that. these two things which put the opposition members where they are today — sitting on the other side of the I refer the house to an incident that occurred last year house. when one of my constituents from Caulfield North was bashed by a gang of youths at Malvern train station.

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Finally, and members of the opposition have mentioned came to government, such as fewer police and fewer this, it is a fact that there are some deterrent buttons that staff on the public transport system. Then they had the have been installed on trains under the previous audacity to spend two terms in opposition criticising the government’s watch. It is fantastic to have a deterrent Labor Party, which was investing back in the system button if something goes wrong. I will relate a personal that earlier governments had defunded and eroded. That incident that happened to me. One day my son and I is exactly what has happened. went to the football on the train, and by accident my son leant against a red deterrent button. We were quite Yes, there are issues around security, around the distressed about the button being pushed and waited for system, and protective services officers (PSOs) will be someone to answer. Guess what, Speaker? The line helpful, but they are not the complete answer. The rang out. Nobody was there to respond. It was fine; it member who made the previous contribution, the was an accident. But if the button had been pushed member for Caulfield, highlighted that we are protected because of an incident, who would have been on the in Parliament and in our courthouses by PSOs, who do other end of the line to try to help us? Absolutely a great job. I know a couple of them, who are friends. nobody. That is indicative of what we have had for 11 years — absolutely zero. One of the things we need to realise, though, is that we are in effect in gated buildings. These are secure I am proud to commend this bill to the house to ensure buildings. We have a big perimeter fence around us, we that finally under a new coalition government we are have Parliament’s own security at the back door, and going to have some action and not just hear spin and we have security scanners at the front doors. That is absolute rubbish from the opposition. what happens with courts as well. Court buildings and parliament buildings are environments that are a lot Mr PANDAZOPOULOS (Dandenong) — I am easier to secure than large railway stations — where the pleased to participate in the discussion on the Police assets are not just platforms and where people jump on Regulation Amendment (Protective Services Officers) and off the platforms and do not necessarily use the Bill 2010. The opposition will not oppose it. proper entrances, and where the car park and the tracks are also part of the much more difficult environment Firstly, this bill will not be a panacea for issues of that PSOs will have to manage. antisocial behaviour and crime on railway lines. There is no doubt it will be a help, but let us remember why Let us not pretend it is an easy thing and a panacea and we are having this debate: it is because we previously that there will always be a PSO whenever an incident had a situation where railway stations were staffed. The occurs at a railway station, because irrespective of this previous Liberal-Nationals government, for whatever commitment unfortunately there will be incidents, and reason, decided to privatise the system and get rid of a the government will be criticised because of them. Let whole lot of staff. That was the culture. This is the us not expect that PSOs in trying to do their job are debate; this is the context of what we are discussing. It going to be in a position to stop every single incident; has been accepted that in using public transport the let us not create an expectation in the community that public expected staff to be on trams and at railway that will be the case, because the reality is there will not stations. It was a previous Liberal-Nationals be enough of them on the system. government that sacked staff, privatised the system and did not require private operators to secure the system. The member for Caulfield also highlighted the That is the reality. argument that trains will be safer. Maybe platforms will be safer but the PSOs will not be moving around on the Under the previous Labor government there was a huge trains themselves. That is how you would help add to investment in public transport — that is, in newer trains the safety of the environment, because people are and better facilities — that helped to create a better and feeling insecure for the longer part of their trip, which is safer environment. We saw a huge increase in actually the train journey itself, not the time spent patronage. Incidents happen on the railway system, so waiting on a platform or getting off. That is a part of it. let us not pretend, like this government is doing, that Yes, there is an issue at night, and yes, we have all had the previous government did nothing and that previous issues in our electorates. My electorate of Dandenong is Liberal-Nationals governments, when in office, were known for being a busy area with a bit of antisocial the creators of safer communities. That is not the case. activity. They were the ones who promised more police but cut their numbers. This is the scenario we are looking at. The police were doing a great job with their regular That is why we have had a debate about crime across patrols as we put on more resources when we were in Victoria — because of the things we inherited when we government, and there are obviously going to be a lot

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Tuesday, 1 March 2011 ASSEMBLY 369 more police provided by this government — which was had fantastic campaigns by Dandenong police a commitment that we matched. I would hope that targeting, for example, Dandenong railway station. The those police will be moving around the system as well, media has covered them. Yes, we gave all sorts of not just the PSOs, and that the police will have the additional powers to police so that they are able to ability to get on the trains to make people feel safe, search people at railway stations for knives et cetera, particularly at night, when unfortunately a few yobs and which are extra powers that PSOs do not have. PSOs idiots that we have living in our community are around. have a very limited range of powers. It is very Another railway station in my electorate is Yarraman. important, as the government goes out and sells this to Generally, though, people are voting with their feet, and the community. I am interested in the welfare of the we have seen a huge increase in patronage. That tells PSOs and what people’s expectation is of them. The you, firstly, that people certainly feel more comfortable public should not expect them to be de facto police when more people use the system, but we would not when they do not have the powers to do what police do. have seen the massive increase in public transport At the end of the day the line is blurred — for example, patronage that we have had if people did not already if you are a user of the Pakenham line, will it be a have some confidence in the system. It is very police officer or a PSO? If an incident occurs, you may important if we are going to encourage public transport assume that a PSO will have the same powers and be usage to not erode confidence in the system. able to do exactly the same things as a police officer — Unfortunately the Liberal-Nationals coalition in its detain and interview a person causing trouble — and previous time in office spent so much time eroding that ensure that the patrons of the public transport system confidence that now in government again it has to bring feel safe. that confidence back. Nonetheless it was an issue in the election campaign. It That is what this measure is about. There is a bit of was one of those key things that people thought about smoke around the place to make it look as if the new when they were voting. The bill should pass the house; government is going to fix the problem. Yes, it was it will not be opposed by Labor. It is an early measure voted in to fix the problems, and we expect it to fix to improve public safety, but there is more that this them, but at the end of the day it should not put the government needs to do if it is really serious. onus on every PSO to stop every incident. The government has got to do a lot more than that; it might Mrs FYFFE (Evelyn) — I am pleased to rise to actually have to put more PSOs on the system if the make a small contribution on the Police Regulation railway assets are to be properly secured. That is the Amendment (Protective Services Officers) Bill 2010. I reality of it. Nonetheless we are a responsible will not go into the detail of the bill; that has been done opposition and will not be opposing the bill. by previous speakers. I want to place on record my wholehearted support for this legislation and for the We recognise the good work that PSOs do and that they provision of protective services officers (PSOs) at will need support. The member for Yuroke in her railway stations. Why do I support it? contribution earlier highlighted some issues that we do not necessarily think about straight up — occupational In 2009 I conducted a law and order survey. I received health and safety issues that are very important to a 3000 replies, of which more than half focused on happy and safe workforce. I would expect to see in transport. Why? I quote from an article in the Age of future budgets funding not only for the PSOs but also 6 April 2004: for upgrades to facilities for the PSOs. At the same time One by one they come to leave small offerings, daubing I would expect to see other physical asset upgrades at remembrances on the station wall and lining up drained liquor more vulnerable railway stations, if not at all railway cans and bottles. stations, if we are to meet the objectives this government has set to fix the problems of safety and This is Mooroolbark station, the place where 18-year-old Chris Bourke had his life prematurely ended … crime on public transport. It is really a deceit of the voters unless we see all those other sorts of What happened? Why was Chris Bourke killed? Chris commitments as well. was talking to Sally, who was then 13, when a 20-year-old man taunted her. An honourable member interjected. Mr Bourke stepped in to defend her. Minutes later, he was Mr PANDAZOPOULOS — Yes, we had 11 years, dead … and we put a record number of police in the community; many of those move up and down the transport system and target railway stations. We have

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On 25 February 2007 an article in the Sunday Herald The present government was elected on a beat-up law Sun reported: and order campaign, yet it could not bring legislation in here to debate which would have been absolutely A cowardly thug set his dog on a blind woman’s guide dog, relevant to this Parliament at the outset. The previous leaving the faithful companion’s future uncertain … at Mooroolbark train station east of Melbourne. Keegan — government had a proud record in relation to increasing patronage on public transport. We were able to double the guide dog — the patronage on public transport. We ensured 2000 additional services, we purchased more transport may have to be retired as a guide dog because of the attack’s vehicles and we put more trains on order, with psychological effects. Bombardier, a fabulous organisation out in Dandenong, I received an email on 3 February 2010 from Mr and the proud recipient of the latest contract. Mrs van Winden. They travel by train a lot. But if they are coming back from the city at night they get off the We proudly bring to the house’s attention tonight the train at Ringwood and catch a taxi to Lilydale to where fact that under the previous government patronage their car is parked, because they see it as being so doubled. It is true that there was an increase in crime, dangerous. They have seen so many problems but if you look at the facts — and the current involving violence, of people swearing, spitting and government says it will not get involved in spin, so let fighting, and they cannot risk travelling on to Lilydale us look at the facts — you see that there was a doubling on the train. in patronage along with an increase in crime, but the increase in crime was a factor of one-third. We had a Then on 17 May 2010 a letter was published in the significant improvement in patronage, and thankfully a Lilydale and Yarra Valley Leader from Russell smaller proportion of those people who were travelling Patterson of Lilydale, who said: experienced criminal behaviour. We abhor any criminal behaviour, and the work we did ensured that more No-one should travel on a Lilydale line train after about people were travelling and less of them incurred any 8.00 p.m. because they are taken over by drunken louts who swear and curse, spit on the floors and swing on the monkey adverse effects in relation to public transport, as it bars, and generally behave like the animals they are. should be. No-one comes to help these people when they are In relation to truth in this debate it is important that we trying to get away from them. look at the facts and not at what the government wants to spin. The fact is that the protective services officers Another article, on 27 July last year, was about a police (PSOs) that this bill will deliver are going to be blitz — one police blitz only, because our hardworking confined to stations. They are going to be at the stations police just could not do it more often. They arrested from 6.00 p.m. until midnight, which, as previous 16 people for drug and alcohol offences. The need is members have mentioned, will not have toilet and there for these PSOs. The demand is there. It is very lunch room facilities and will not have adequate phone important that ordinary, average people feel safe going connections, meaning they will be relying on their on trains at hours such as 6 o’clock or 10 o’clock at mobile phones. There is a significant human rights night. It is not just for the young people coming home issue in this legislation to be examined by WorkSafe. from the city; it is for our citizens, our middle-aged We need to ensure that the PSOs that this Parliament is people, our elderly people and the mums with babies going to charge with safety on the stations have who have been out and are coming back after 6.00 p.m. adequate working conditions. who need this protection and need to feel secure. The Lilydale line is getting worse and worse. I We have applauded the fact that the work of PSOs is wholeheartedly support this bill. appreciated by all members of this house, but when you are fortunate enough to work in Parliament House you Ms CAMPBELL (Pascoe Vale) — I rise to have a tearoom, somewhere to get a cup of coffee and comment on the Police Regulation Amendment toilet facilities. We have facilities that will not be (Protective Services Officers) Bill 2010 and to note a available to the PSOs who will work, for example, on number of significant matters in relation to the bill. The the Craigieburn or Upfield lines. first is that it is an extremely scant piece of legislation with a grand total of two pages and promises of more to We are assured by the current government that the lack come. The second-reading speech is again a very scant of detail in this bill will be compensated for in the document — less than a page — but we are told, ‘Rest future by additions to legislation and that we should rest assured; more information is being provided, and the assured. I say to you, Speaker, and to other members in Parliament will be debating this yet again’. the house: if this is such a key plank of the current

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Tuesday, 1 March 2011 ASSEMBLY 371 government’s platform, it should have brought in down there straightaway, so the young fellow walked comprehensive legislation the detail of which we could away. debate as opposed to a general principle. At the recent state election one of the key issues that In relation to the PSOs in particular, I want to highlight affected the viewpoint of people in metropolitan some of the powers that they do and do not have. PSOs Melbourne was safety on public transport. I believe this are not empowered with the same powers of arrest as policy of placing 940 protective services officers being police, and I heard during the previous sitting week and placed on the metropolitan rail network, two by two by again today that that point is quite often lost on the two across metropolitan stations, will reinforce a sense public. Those of us who have worked around here for of community safety as people commute on the public any length of time know that people come to this house transport network between 6.00 p.m. and the last train. thinking there are police at the front and the back, but they are politely corrected and have explained to them At the weekend there was a game at Etihad Stadium. I the role of a PSO. People at railway stations will not know of family members who were travelling to that and do not understand the difference, and it is particular game, and among parents there were incumbent upon us and upon the government not to concerns about whether it was all right for them to spin but to tell the public the truth in relation to the travel to the game at around 6.00 p.m., but it was the powers of PSOs. We also need to ensure that the public return journey about which there was apprehension on is fully aware that the PSOs will be located at stations the part of parents, as they did not feel the public and will not be travelling on the trains. That is transport system was safe enough to allow four or five something about which the public should not be misled 14-year-olds to make the return journey to their into a false sense of security. respective suburbs on the Sandringham and Dandenong lines. I acknowledge the importance of this legislation as an added benefit to the travelling public for their improved The bill before the house will in the future strengthen safety, but we have to recognise, if we are to pass this the sense of safety not only for young teenagers but also legislation, that the public does not understand the for older members of the commuting public, women, difference between PSOs and police. The PSOs who children — all commuters. The bill before the house will be working at the stations are not being provided provides the foundation — the gateway — by with appropriate occupational health and safety. The amending the Police Regulation Act 1958 to make legacy of the previous government was a doubling in provision for the appointment of additional protective patronage of trains and public transport generally, with services officers to perform further functions. Within only a small increase in crime. It was not a crime wave, the Sandringham electorate there are stations which will as the government tries to present; it was an increase in be directly affected including Sandringham, Highett, patronage with more people travelling more safely than Cheltenham, Mentone and the adjunct station of they have ever done before. Hampton. It will be measured in the course of time as to the overall improvement of not only safety on the Mr THOMPSON (Sandringham) — In public transport system but also the physical amenity of contributing to the debate on the Police Regulation the stations as well as any minimisation of vandalism Amendment (Protective Services Officers) Bill 2010 I and graffiti attacks. would like to make a number of comments. I will start with a story. A few years ago a lady from my electorate Ms DUNCAN (Macedon) — I rise in support of the forwarded a letter to my office in which she outlined Police Regulation Amendment (Protective Services her experiences at the Sandringham railway station. She Officers) Bill 2010. Unlike the situation we dealt with had been travelling back from the city, and a young for 11 years in government when then opposition person was defacing the carriage with a spray can. At members would say, ‘We support the bill but’ and the age of 68 she embarked upon a citizens arrest, took spend the next 10 minutes saying why they said ‘but’, I the fellow by the arm to the station attendant and said, support the bill and the use of protective services ‘Here is this fellow. This is what he did. I can give a officers (PSOs) on our train stations. statement’. She was staggered to find out that the station staff were not authorised to take into custody a What I think is happening in this chamber and in this person who had been caught in the act of offending by Parliament now is a fundamental change. Since its painting the carriage with graffiti. To her absolute members were last in office this government has learnt amazement all that happened was that the station its lesson, because what we are seeing now, for the first officer rang the police, who said they could not get time in my memory, is a Liberal government in Victoria which is investing in public transport.

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Mr Weller interjected. The SPEAKER — Order! The member for Benalla! Ms DUNCAN — I hear one of the members of The Nationals saying, ‘Talk about a coalition government’. Ms DUNCAN — making sure we had a train station It never did country Victoria any good previously when that now this new government is able to put protective this lot was in coalition. This fundamental change services officers on. I welcome this. The only thing I should be celebrated, because it is unlike what we saw would say — and we are seeing again the form of this when the Liberals and Nationals were previously in government and the silence of The Nationals sitting coalition government and railway stations were closed, there, again doing nothing other than — — train services were sold off and the then government did absolutely nothing about public transport into the Dr Sykes interjected. foreseeable future. In fact, as I recall, way back during the seven long, dark years of the Kennett government it The SPEAKER — Order! And you are going to be did nothing for public transport except abandon it, and warned again! we saw that played out more acutely in regional Ms DUNCAN — They are doing nothing other than Victoria than anywhere else. trying to shout down other members of Parliament who We have heard some nice little homespun stories about are standing up making their contributions. All we see people’s experiences on public transport. I have a few from these ‘gentlemen’ of The Nationals is that they are of my own, including stories of the good old days when yelling and screaming and trying to bully people out of we used to catch a train to Mildura and regional trains making their contributions. Sad to say, guys, it takes a to lots of other destinations. Sadly, The Nationals sat lot more than that to bully me, I can assure you. back for seven years and allowed the Kennett Liberal What we are seeing again is regional Victoria missing government to close those country train lines, and more out. Instead of The Nationals standing up in support of importantly those it did not close down it let deteriorate. regional Victoria, they sit there in caucus or drive The reason I support the bill is that at least on the around in their ministerial cars and remain absolutely Bendigo line we still have trains and stations to put mute. What we are seeing is a commitment made by protective services officers on. If it were not for the this government. This legislation is the beginning of the opposition when it was in government — the Brumby implementation of that commitment, and that is the and Bracks governments — certainly along the least that people should expect. We have only had two Bendigo line we would not have trains and we would sitting weeks, and government members are saying, not have stations to put protective services officers ‘See, we are meeting our commitments’. It would be (PSOs) on. We hear a chorus from the newbies in the pretty sad if after six sitting weeks they were breaking Parliament asking, ‘What did you do?’. I can tell them election promises. They proudly tell us they are what we did for the Bendigo line. We kept it open, and committed to this legislation, and that is terrific. But in not only did we keep it open but we rebuilt the track, my electorate at Sunbury, Gisborne, Woodend, rebuilt the signalling and rebuilt most of the stations. Macedon and Clarkefield stations we are seeing zip. The people in those areas will get nothing out of this That is why on the Bendigo line — and I am very legislation. Only a handful of regional stations will proud to stand in this place and represent the electorate have a PSO on them. I condemn the government for of Macedon that proudly sits along the Bendigo line — again ignoring regional Victoria. we have a train that we can use. The people of the electorate of Macedon voted with their feet for those If the government believes crime is so bad on our train new trains, and upgraded stations, and there was an stations at night and that the people in my electorate increase of something like 130 per cent in patronage on deserve the same level of protection that those in other the Bendigo line, with our beautiful new trains and new parts of Melbourne require, I urge The Nationals to get stations with lots of staff. Ticket prices have also been out of their ministerial cars, into their cabinet meetings reduced. People catching trains on the regional network and start speaking up for their constituents in regional are now able to use trams and buses within the metro Victoria. system, so we did an enormous amount and invested an I would hate to misquote a member, but I believe I enormous amount of money — heard the Minister for Crime Prevention interjecting on Dr Sykes interjected. one of the opposition speakers and suggesting that they did not know what they were speaking about. We have a second-reading speech which I think is two and a half paragraphs long and a bill that is probably not much

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Tuesday, 1 March 2011 ASSEMBLY 373 longer than that. According to the Minister for Crime Mr SCOTT — I understand that. I did not state it Prevention the other speaker did not know what they was your bill. As has been stated previously, the were talking about because he said all this bill does is opposition does not oppose the bill. I found that to be a remove the cap on PSOs. The minister shows an rather bizarre interjection across the table from the appalling lack of knowledge of his own bill. For the Minister for Crime Prevention in response to something record and for the benefit of the minister, who is at the I did not actually say; I find it a bit surreal. table, I will advise him what this bill does. The explanatory memorandum states that the bill amends Mr McIntosh — Why is that? Why is it surreal? I section 118B(1) of the Police Regulation Act 1958 to was pointing out the obvious. broaden the purposes for which PSOs can be appointed and repeals section 118B(1A) of the act so as to remove Mr SCOTT — I will continue, despite the the existing cap on the number of PSOs that can be continuing bizarre interjections from across the table appointed. So the minister is half right. responding to points I have not made in debate.

I commend this bill. It reminds the people of Victoria This is a fairly simple, four-clause bill which seeks to that the government can never again treat public amend the Police Regulation Act 1958. As has been transport as something that is completely irrelevant, and stated by previous speakers, amendments are contained we in opposition will hold it to account. During the in clause 3. They are both amendments to section 118B. 11 years of the Bracks and Brumby governments the One amends the act to broaden the purpose for which people of Victoria came to rely on their public protective services officers (PSOs) can be appointed transport. They expect that there will be a train for and the other removes the limit on the number of them. In the electorate of Macedon, as I said before, protective services officers that can be appointed under they have voted with their feet. Patronage has gone this act. through the roof thanks to our regional upgrade and As has been stated by other speakers, this is a bill that thanks to our ensuring that we have train stations and the opposition does not oppose. It relates to protective trains still running on the Bendigo line. services officers, who have important roles in our I would urge this government — and in particular The society, particularly in terms of protecting public Nationals, who sit in coalition but with zippers across officials in places of importance. I would like to place their mouths — to speak up for regional Victoria to on the record my appreciation for the work that is being make sure that the same level of service and protection done by PSOs in protecting the Parliament, the courts, that is offered to the people using our trains in the Victoria Police centre and the Shrine of metropolitan Melbourne is afforded to the people of Remembrance. regional Victoria and particularly to the people of People have told a number of anecdotes during this Macedon, who love their trains, who use them day and debate, and I have witnessed occasions when people night and who are very pleased to see they are still who have clearly been mentally ill and in a highly there. We know they would not be there if the Kennett agitated state have come to the Parliament. As people government had not lost office in 1999 and if the would be aware — particularly those who have been in Bracks government had not come to office promising to electorate offices — politicians and the Parliament make sure that our trains would be sustainable for the attract persons who are sometimes highly disturbed and next 100 years. All we heard from The Nationals in the in highly agitated states and who can in fact be last 11 years was worse than nothing: they bagged and dangerous. I have witnessed PSOs handling what could criticised every cent we spent in regional Victoria. have been quite dangerous situations where they have Shame on them. Thankfully this bill puts public put themselves at some risk. transport back on the agenda. As part of this debate, I think it is worth placing on the The SPEAKER — Order! The member’s time has record my thanks for not only the contribution they expired. make to our community but also the contribution they Mr SCOTT (Preston) — It gives me pleasure to rise make to members of Parliament. I think it is important to speak on the Police Regulation Amendment that we respect that they face dangerous situations and (Protective Services Officers) Bill 2010. As has been show bravery and professionalism in dealing with those noted by other speakers — — situations. There are many people who allow us to perform our functions as members of Parliament, and Mr McIntosh — It’s not my bill; it’s Minister PSOs are an important part of that group. As part of this Ryan’s bill. You got it wrong. It’s not my bill. debate I would like to place on record my thanks and

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374 ASSEMBLY Tuesday, 1 March 2011 the thanks of most, and I hope all, members of this In saying this, the opposition is not opposing this bill. place. We hope PSOs can become a useful addition in helping with the security of train travellers. I also hope issues Earlier someone also touched on the contribution that that have been highlighted by previous speakers will be has been made by the previous government to the addressed, including occupational health and safety number of police officers and to safety in the issues such as the need to upgrade facilities at stations, community in general. I would like to state that the particularly things like toilets. The member for former member for Yan Yean and later Kororoit Monbulk highlighted examples of stations that championed the increase in police numbers in the currently do not have toilet facilities. If persons are community, and the previous government has a proud being expected to work for hours and continuously record of increasing police numbers. In recent times provide coverage at railway stations, it is a reasonable that was reinforced — — expectation that facilities be provided at those stations for the use of PSOs. Honourable members interjecting. Another issue I would like to raise is the training of Mr SCOTT — I note the interjection, ‘Dragged PSOs. As has been stated previously, PSOs currently there, kicking and screaming’. That shows an amazing receive 8 weeks of training, as opposed to the 23 weeks lack of understanding of the political history of this of training received by sworn police officers. I would state. The entire debate around law and order was like to note the work that has been done by the police in switched particularly by the actions of the former my electorate and other places in addressing the member for Yan Yean and then Kororoit, who brought particular needs of persons from non-English-speaking to the table the issue of police numbers in a way that backgrounds in the diverse community that exists in had not been done in a generation. In fact he was Victoria. Multiculturalism is a fantastic aspect of our integral to our political success in 1999. community, and anyone who travels on trains regularly, Honourable members interjecting. as I do, would know that a significant proportion of travellers on trains come from non-English-speaking The DEPUTY SPEAKER — Order! Members will backgrounds. In fact a large number are not just recent cease interjecting, and the member will not respond to migrants but holders of temporary visas, in particular interjections. overseas students. It is important in addressing the allocation of PSOs to ensure that they receive adequate Mr Wynne — He was being provoked. training to deal with the issues thrown up by a multicultural and diverse community of persons riding Mr SCOTT — Indeed. I would like to state that in on trains. In many cases English is a second language the 2010 budget there was a commitment to another for them, and they have particular needs that relate to 1700 police, I believe, and this was a significant their background. investment of net, not gross, additional police, which would have been welcomed. We are not opposing the bill, so it will obviously pass this house. I wish the PSOs the best of luck. I reaffirm I note from earlier interjections about police numbers a my appreciation for the great work PSOs do in disturbing lack of understanding of the separation of protecting the members of this place and helping us powers. The allocation of resources is seen to be perform the work we do. something that lies with the Parliament, but of course the decision of where the resources should go is a Mr EREN (Lara) — When previous opposition matter for the police. The police determine how the members said we were not opposing the bill, we got a resources are allocated; it is an operational matter. couple of interjections from members across the chamber, as if they had never supported any of our bills Mr Ryan — What’s your seat again? when we were in government. Of course we support common-sense bills. Mr SCOTT — Preston. It is important that the police are respected in their role of making operational An honourable member interjected. decisions. It is a matter for this place to allocate the resources and to determine the law and the rules under Mr EREN — That is the history. In its three months which society and the police operate, but the actual in power this government has spun out of control. determination of how the resources provided in the appropriation are allocated is usually, quite rightly, left The DEPUTY SPEAKER — Order! The member to the police. will speak on the bill.

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Mr EREN — The government is like an levels. Unlike when those on the other side were in unidentified flying object — totally out of control. opposition, we are giving the government the benefit of What we have seen so far from this new government is the doubt so that it can bring in certain bills. We do not nothing but spin. want to be obstructive.

Mr Watt — On a point of order, Deputy Speaker, Honourable members interjecting. the member does not appear to be speaking on the bill. Mr EREN — Members opposite may laugh, but for The DEPUTY SPEAKER — Order! I am the past 11 years we heard nothing but whingeing and monitoring what the member is saying, and I ask him to carping from the other side on every bill we introduced stay on the bill. in this house. They were scrutinised, unlike the bill we have before us. Mr EREN — I thank the new member for his point of order, and I look forward to raising some points of As I said earlier, because this bill has not been tested order when he speaks. we need to be careful about protective services officers (PSOs) and what level of interaction they would have, There are issues with this bill. When members of the as the member for Preston already alluded to. It is new government were in opposition we heard a lot potentially a very dangerous job. If there is no detail in about transparency. They said the Labor government this bill in terms of how the PSOs are going to work, I was not transparent. would suggest that the government go back to the drawing board, have a good look at the bill before the The DEPUTY SPEAKER — Order! I ask the house and make sure that it does not put anybody in member to speak on the bill. harm’s way. At the end of the day government Mr EREN — I am coming to the bill, Deputy members can say, ‘You are supporting it’, but they are Speaker. Together with a number of members of this in government; they are making these decisions — — place and the other place I am privileged to be on the Mr Southwick — Yes, we are. Scrutiny of Acts and Regulations Committee. As a new member of SARC, I can say that the bill before the Mr EREN — We accept that. What the government house never got to the committee. It was not needs to accept is that this is a result of Labor’s scrutinised; it did not go through the normal processes. investment in the public transport sector. Unlike in the We are potentially moving onto very dangerous seven dark years of the Kennett government, which ground. drove the public transport system into the ground, we injected some money into it. Patrons have come back to Mr Watt interjected. using public transport, and now the government comes Mr EREN — We are giving the government the up with some half-cocked legislation that has not even benefit of the doubt. I know responding to interjections been tested. is unruly. Over a short period of time since being in government, The DEPUTY SPEAKER — Order! I ask the the Minister for Police and Emergency Services at the member not to respond to interjections and to stay on table is already having some issues with the police the bill. force, particularly with the Chief Commissioner of Police, as we have seen in the last few days in the Mr EREN — We are proud of our history of media. I am not even sure whether the Minister for investing in public transport. There is no question that Police and Emergency Services consulted properly with we invested record amounts in public transport, and in the police force in relation to the bill before the house. that process patronage increased. To the surprise of members on the other side, they now find themselves in I do know that specialty training is required. Law government, and they are now desperately trying to enforcement officers could be trained in a way that does come up with bills that portray their government as a not put them in harm’s way. I worry about the good one. wonderful work that PSOs do. As the previous member stated, PSOs do wonderful work. I do not think due As I indicated earlier, we are in essence supporting the diligence has been applied to test this bill. To a certain bill before the house. However, the proper processes of extent I do not think proper procedures have been scrutiny of legislation have not been adhered to. SARC followed in relation to making sure that all the never saw this bill, and it has not been tested on many obligations that the government must now meet when preparing bills, in particular in relation to the Charter of

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Human Rights and Responsibilities, have been Services Officers) Bill 2010. I express my great followed. I am on the Scrutiny of Acts and Regulations disappointment about the lack of a genuine attempt to Committee and I certainly did not see this bill, yet it is deal with a very serious issue in the superficial bill that before Parliament. has been brought to this house. There has been little thought given to the detail, and the fact is that we are I think the issue for the government is — — looking at a piece of legislation that offers no protection to protective services officers (PSOs) who might have Mr Ryan — What is the issue? to undertake this duty, nor does the bill offer any real Mr EREN — For the benefit of the minister at the protection to commuters travelling on the system. table, who is not getting on very well with the police I represent the electorate of Footscray, and members force at the moment and who certainly would be may remember, going back a little while, that the thinking twice about the bill before the house, the issue railway stations in Footscray and Sunshine were in the is whether due diligence was applied to the bill before it news as a result of the violence occurring in and around was presented to the house. The Minister for Police and those station precincts. This act does not even clarify Emergency Services should certainly be nervous at the what constitutes the station precinct over which the proclamation of this bill in relation to whether the PSOs will have supervisory capacity to deal with PSOs, when they are on the beat protecting people on incidents. That demonstrates how superficial this bill is. public transport, are at risk in terms of occupational Does the precinct include the car parks, the platforms health and safety because they are not trained properly. and areas off the platforms and on the tracks? There is I think this needs to be taken into consideration, no clarification about the role PSOs will play. because it is very important — — We now face a situation where the police will be told Mr Ryan interjected. that their successful strategies at stations like the ones Mr EREN — That is all up in the air. In terms of in my electorate, where incidents in the past have been the pay that these PSOs will be getting, who knows? dealt with extraordinarily well by the police, to the The bill before the house is very ambiguous. point where few of those violent activities now occur, will be set aside. We will put PSOs on stations with Mr Ryan interjected. very little training — 8 weeks training as opposed to 23 weeks. They might be trained in how to use a Mr EREN — It is. There is nothing set in concrete. weapon, but has anyone thought about preparing the I think it is a knee-jerk reaction to a problem that the PSOs for duties they might have to undertake on the government created with all the scaremongering it was stations to ensure that situations are not escalated? doing. Hopefully this bill will contribute to making What happens the first time a PSO has to pull a gun? public transport safer. There is nobody in this house Has anyone thought about this issue? There is no detail who would suggest that it is absolutely safe. in this bill whatsoever to cover the responsibilities of the PSOs, or to keep them and commuters safe. This is Members on this side of the house are saying a very superficial, lazy piece of legislation which procedures were not properly followed when the bill demeans the PSOs. was introduced in this place. We hope that in doing their duty protective services officers, whoever they I have spent time at night travelling with the police may be, do not put themselves in harm’s way in order while they were carrying out their duties along the to protect the community. railway line in my electorate. In order to look at the work the police were doing to ensure that violence did I urge the minister and the government to continue to not occur on the trains, I travelled with two police follow the progress of this bill and, after its members who were under cover, and we went up and proclamation, when the protective services officers are down the line. One of the undercover policemen looked trying to protect the community, ensure that close more threatening than any of the other passengers. His monitoring takes place to enable adjustments so that the undercover clothes made him look like a street kid. It health, safety and wellbeing of PSOs are preserved. was quite an experience. They divulged stories to me about how they do their job. The DEPUTY SPEAKER — Order! The member’s time has expired. I compliment the police members operating at both Footscray and Sunshine stations for the work they do in Ms THOMSON (Footscray) — I am pleased to protecting members of the community in my electorate. speak on the Police Regulation Amendment (Protective They are diligent about their work, and they know there

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Tuesday, 1 March 2011 ASSEMBLY 377 are two parts to their work. One part is preventive, to Edwards, Ms Nardella, Mr ensure that crime does not happen and to avoid Eren, Mr Noonan, Mr Foley, Mr Pallas, Mr situations where there are criminal activities. The other Garrett, Ms Pandazopoulos, Mr part is to deal with crime when it does occur. Graley, Ms Perera, Mr Green, Ms Pike, Ms This bill will change the role of the PSOs. They will be Halfpenny, Ms Richardson, Ms seen as police on the stations. This will escalate what Helper, Mr Scott, Mr the public thinks PSOs can do, but PSOs will be limited Hennessy, Ms Thomson, Ms Herbert, Mr Trezise, Mr in what they can do. This really is not good enough. It Holding, Mr Wynne, Mr is not fair on PSOs and is not taking care of the safety of commuters who travel on our railway system. It is Motion agreed to. true that it is important to deal with issues on our public Debate resumed. transport network. However, I believe the police have been tackling this, and I believe — — Ms THOMSON (Footscray) — As I was saying before we hit the adjournment time, this piece of Business interrupted pursuant to standing orders. legislation before the house is treating the Victorian Mr RYAN (Minister for Police and Emergency commuters with absolute contempt, and having no Services) — I move: regard whatsoever for their safety and no concern about ensuring that protective services officers can feel secure That the sitting be continued. that their safety, health and emotional wellbeing are also taken into account. Ms ALLAN (Bendigo East) — The opposition does not support the motion before the house. We support We are now saying that we are going to have armed the proposal that the debate be now adjourned. guards at every station. Is that really what we want to see in this state? Is that really necessary? House divided on motion: An honourable member interjected. Ayes, 44 Angus, Mr Mulder, Mr Ms THOMSON — Except in country Victoria, Asher, Ms Napthine, Dr because it is immune! Baillieu, Mr Newton-Brown, Mr Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr Honourable members interjecting. Blackwood, Mr Powell, Mrs Bull, Mr Ryall, Ms The SPEAKER — Order! There is too much Burgess, Mr Ryan, Mr audible conversation in the chamber. If members wish Clark, Mr Shaw, Mr to speak with each other, they should go outside. Crisp, Mr Smith, Mr R. Delahunty, Mr Southwick, Mr Ms THOMSON — I question whether this should Dixon, Mr Sykes, Dr Fyffe, Mrs Thompson, Mr be the way that we present our stations, because there Gidley, Mr Tilley, Mr are less obvious ways we can make commuters feel Hodgett, Mr Victoria, Mrs secure as they travel to and from work or recreation or Katos, Mr Wakeling, Mr to visit family and friends. Does there need to be Kotsiras, Mr Walsh, Mr someone standing at a station with a gun while not McCurdy, Mr Watt, Mr McIntosh, Mr Weller, Mr actually sure what they can do, what they cannot do, McLeish, Ms Wells, Mr what their powers are and how they should deal with a Miller, Ms Wooldridge, Ms problem if it escalates so they do not have the pulling Morris, Mr Wreford, Ms out of a gun as their first recourse? Has any Noes, 42 consideration been given to those — — Allan, Ms Howard, Mr Andrews, Mr Hulls, Mr Mr O’Brien — What a slur on the PSOs; that’s a Barker, Ms Hutchins, Ms disgrace! Beattie, Ms Kairouz, Ms Brooks, Mr Knight, Ms The SPEAKER — Order! The minister! Campbell, Ms Languiller, Mr Carbines, Mr Lim, Mr Ms THOMSON — The interjection was that it is a D’Ambrosio, Ms McGuire, Mr slur on the PSOs. No, it is not. Donnellan, Mr Madden, Mr Duncan, Ms Merlino, Mr

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Mr O’Brien — Yes, it is. perhaps with a rush of blood to the head and little policy grunt work — like so many of the promises Ms THOMSON — It is plain that PSOs have a made by this government. As we have seen from this right to properly understand what this legislation means government, so many things that should have been to them. acted upon have been sent to reviews, and so many things that should have had further consideration have The SPEAKER — Order! Members should not been acted upon. respond to interjections. While opposition members accept that measures to Ms THOMSON — At this point in time, they do increase safety on our rail lines will be welcomed by not understand. the travelling public, it is most unclear whether the Mr O’Brien interjected. government’s dogged determination to introduce 940 PSOs on railway stations will deliver anything like The SPEAKER — Order! The Minister for Energy what the government has promised. and Resources has a warning. Victoria’s Chief Commissioner of Police, Simon Ms THOMSON — They do not know what it Overland — who I note has the full support of the means for them, and commuters certainly do not know Deputy Premier — said in an interview earlier this year what the role and responsibilities of the PSOs at their that Victoria Police was ‘doing an enormous amount of stations will be. That makes this piece of legislation an work and thinking’ about how the PSO plan would absolute sham. The government introduced the bill work. I bet it is, because let us face it, this is an prematurely. It should have done its homework and unprecedented situation. How, for example, and in what ensured that it covered off on all the detail so that we are the PSOs going to be trained for their wide-ranging did not have to raise these issues. It should have new role? How are they going to be deployed, and what ensured that the bill was seen by the Scrutiny of Acts will the command and control structure be? and Regulations Committee before it was presented to this house. It is vitally important that when the This is before we have even touched on the cost of the government introduces legislation in this Parliament it PSOs — because obviously this is not a cheap exercise. has ensured that it will not need to be amended in the It is not clear whether this money will come from the same sitting because it could not get it right the first public transport budget or the police budget. Will the time or because it just wanted to play politics with an government be raiding the budget for the premium issue. The government brought in a piece of legislation station upgrades or for its new sworn officers to pay for that was ill thought out and not ready for this place, and these 940 PSOs? Will existing transit police be it knows it will have to move amendments with the removed from our trains to pay for people to sit on the details that are required to make it workable legislation. station? Is that not delightful! Indeed, what is the Victorian community paying for when we engage this It is a shame on the government. It is an example of extraordinarily high number of PSOs to do a job for how it has treated this Parliament since it won which they have never previously been engaged and for government. It has no respect whatsoever for this house which there are not enough PSOs within the existing or for Victorians. It just wants to play politics. It is true system? to say that over 90 per cent of security incidents have occurred before 6.00 p.m., when the PSOs will be Currently, as members of this house well know, PSOs absent from the stations. It is absolutely shabby. The are engaged at a number of very small and select sites: government needs to do more work if it is going to Parliament House and the Shrine of Remembrance. bring into this Parliament legislation that is meaningful They perform an extremely important role at these sites. and can be implemented in a way that provides the We all appreciate the role they play, and their role and level of security that the Victorian people should be presence at these locations is highly valued, but able to expect to get from a government. nowhere have PSOs ever been engaged, trained and deployed to staff train stations after dark. Ms GARRETT (Brunswick) — I rise to join the debate on the Police Regulation Amendment Honourable members interjecting. (Protective Services Officers) Bill 2010. Clearly this Ms GARRETT — Indeed, the Minister for Ports! bill is designed to advance the government’s This is the equivalent of on-the-beat policing, without pre-election commitment on introducing protective the training or, critically, the powers to back up this services officers (PSOs) after dark on suburban railway extraordinary new role that the PSOs now find stations. It was a commitment that was entered into

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Tuesday, 1 March 2011 ASSEMBLY 379 themselves facing. Quite simply, I repeat — as has been Ms GARRETT — Thank you, Speaker, it is an made very clear time and again in this house — PSOs important issue, and I would expect members on the are not sworn officers of Victoria Police. This fact may government side to treat it with the seriousness it not come as a shock to members of the government, deserves. although it well may, but it may come as a great shock to members of the Victorian public, who bought a Fourthly, let us talk about the facilities that will be dream from the government that there would be cops needed for these 940 — nearly 1000 — PSOs. We have on every station, ready to protect and serve — and got to provide all the basics these PSOs need, such as arrest where necessary. It was a dream that perhaps a toilets, kitchen facilities, seats. Where will these come senior constable could step in, after extensive training from? Who is going to have access to these facilities? and extensive on-the-job work, and deal with a How is that going to go down with the punters? What potential situation if it arose. But this is not the reality happens if there is an incident? Who arrests the alleged that Victorians will be waking up to with this bill. offenders? How do PSOs ring for backup?

Firstly, and perhaps most importantly, I repeat what has Fifthly, let us talk about the bowl of spaghetti. The been said by my colleagues: PSOs are not empowered PSOs are not going to be operating on the trains, so we with the same powers of arrest as sworn officers. are going to have sworn police, transit police, PSOs and ticket inspectors. How is the command and control Honourable members interjecting. structure going to work with this bowl of spaghetti?

Ms GARRETT — Yes, that is right. They can Finally, is this the best use of our resources to deal with conduct a citizen’s arrest, like you and me. Wow! law and order issues? Would two sworn officers on the beat dealing with issues as they arise be better than two Secondly, as I have said, to date PSOs have been used PSOs at a suburban train station on a graveyard shift? only in relatively small numbers at a small selection of And let us remember our country brothers and sisters sites, and I am very happy to state that again. Thirdly, who, once again, have been forgotten. let us talk about the training — and we do. These are just some of the practical questions facing Honourable members interjecting. this government, which has rushed in haste to introduce this bill. It is creating a second tier of policing in The SPEAKER — Order! The member for Victoria — and we are not talking a couple of PSOs in Caulfield and the member for Prahran have both been dark suburban train stations, we are talking nearly 1000 warned. of them. What does this mean for the future of policing Ms GARRETT — I say to the member for Prahran in Victoria? One can only wonder. As recently as last that we are grateful for the work that PSOs do, but let week the secretary of the Police Association Victoria us talk about the training. PSOs get only 8 weeks of spoke about the government’s approach to police training compared to 23 weeks for sworn police officers in the ongoing enterprise bargaining agreement officers. After eight weeks this government will send negotiations. He is quoted as saying: PSOs off to interact with the public in what the This government rode to victory on the law and order horse government itself has described as potentially explosive and, having attained the prize, have taken it to the knackery. and dangerous situations. Wow! How are PSOs going to be taught to deal with conflict and escalation? How Honourable members interjecting. will they be taught to talk down people with mental Ms GARRETT — Thank you, darling. If we look illness or drug issues or to handle people in a large at what has happened in other countries that have group situation? How will they be taught to deal with shifted to the sort of model the Baillieu government is these inflammatory situations while carrying a gun after proposing — that is, with PSOs on train stations — we eight weeks of training and, I repeat, without the same must all be seriously wondering where Victoria is powers of arrest as sworn police? They will be in the heading in the law and order debate. With 16 500 PSO dark at a train station with no sworn power. equivalents in the UK the federation over there is Honourable members interjecting. saying there is confusion among the public. People see a police uniform and believe that the person wearing it The SPEAKER — Order! This is an important can act as a police officer. Ten years down the track the issue. UK is saying that this is a failed experiment, yet here in Victoria, on the back of a law and order election that the Baillieu government so proudly says it rode in on,

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380 ASSEMBLY Tuesday, 1 March 2011 with great gusto and seemingly against the advice of and Emergency Services, will clarify that. Will there be anyone who knows, the Baillieu government is forging weekend rates or will they be the same rates? We are ahead with the creation of a second tier of policing in not sure what the arrest powers will be. What if some this state. kid jumps the fence because they have not paid their ticket? Are the PSOs ticket inspectors? Will they arrest Mr HERBERT (Eltham) — I am pleased to speak people under those circumstances? Will they be able to on the Police Regulation Amendment (Protective jump the fence and follow the kid who is fare evading? Services Officers) Bill 2010. I reiterate the sentiments Is that part of their role? No-one knows, and of the member for Brunswick, who said that this is a unfortunately there is nothing in the legislation about bill that has been rushed into the Parliament with haste that. That is the trouble. It is a dog of a piece of and little detail. As a piece of legislation it is quite a legislation. There will be 940 protective services shabby piece of work. We all respect an election officers at stations, and they are not going to know what commitment, and it was an election commitment, but they are to do. We do not know. It is not in the bill, that one would think there would be more than a page and a is for sure. half to a bill of this nature that is brought into this Parliament. One would think there would have been a We are talking about PSOs. We have excellent PSOs in little bit more thought and detail in this piece of Victoria; there is nothing wrong with PSOs. We do not legislation and perhaps even a few instructions to the have a problem with PSOs whatsoever. However, we parliamentary counsel to fill in some of the details that do have a problem with their training being eight are clearly missing in it. weeks. Why do they not receive more than eight weeks training? Is that figure — a couple of months — just I cannot remember a time when a bill as important as plucked out of the air? Why is it not 23 weeks training? this one was brought into this chamber with no detail Has any analysis been done of the sort of training that whatsoever about how it was going to operate. This is a PSOs need to be able to do their job, what that takes, bill with provisions that are going to cover the breadth who will be doing the training and what the nature of of Melbourne and apply to every metropolitan railway the training will be? None of that is clear. It is as though station and those in regional centres, and yet we have a figure was plucked out of the air because that is how absolutely no detail about how it is going to work. much money there was in the budget, not because it There is scant regard in this legislation for transparency. was what is needed. There is scant accountability. It is as if the government has just scribbled down the election commitment and The PSOs will be getting guns — all 940 of them. They thrown it into the Parliament. How shabby is that? have to go to a 24-hour police station before 6.00 p.m. What makes it even worse is that those opposite will to pick up their weapon, and then they have to take it well remember that we wanted to — — back.

Dr Napthine interjected. Ms Ryall — What a shame!

The SPEAKER — Order! The Minister for Ports! Mr HERBERT — ‘What a shame’, a member opposite says. It is actually a shame, because there are Mr HERBERT — We wanted this bill to go before no details about where these 940 guns are going to the Scrutiny of Acts and Regulations Committee, but come from, how they are going to be stored and what that was knocked back. We could at least have had a bit police stations the PSOs will go to to get their guns. of scrutiny of the bill within the Parliament. We did not None of that is detailed, and none of that has been have a Scrutiny of Acts and Regulations Committee thought out. review; we wanted to establish one, but the government would not do it. At every single step the bill could have I remember well growing up in Glenroy. In those days been drafted better and scrutinised better. Problems that the Broadie line was a pretty tough little line. I was like have been raised in this debate could have been sorted any kid who grew up in Glenroy. We would catch the out, but they have not been. last train home, and there was a running issue with the security inspectors — the transport officers — in those I have a few questions. We are all asking questions days. There would regularly be confrontations with about the detail, about the powers of the PSOs young kids on the trains. I would hate to see the (protective services officers), about what pay they are situation where we go back to what happened on the going to get and about what their conditions will be. Broadie line when I was a child, when you would see Will penalty rates apply at night-time? I do not know. gangs of young kids taking the last train home and Perhaps the minister at the table, the Minister for Police gangs of inspectors — groups of them — waiting at

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Broadmeadows for the last train and having a fight Mr Baillieu — There will be a demarcation on the because of a personal vendetta. That would be the last toilets! thing I would want to see. Mr HERBERT — Exactly; there will be a Unfortunately, on what is a very important issue — demarcation on the toilets. As the Premier just said, railway safety; the safety of people on trains and on ‘There will be a demarcation on the toilets’. stations — we have no detail. This legislation has been rushed in and scantily looked at. There are a whole The SPEAKER — Order! I ask the member for heap of questions here, and we face the risk of the Eltham to ignore interjections. intention of the bill simply not being carried out properly. Mr HERBERT — The Premier will know that when it comes to many stations in Melbourne there are There is another issue here, and that is the issue of the separate toilets for staff, for train drivers and for the safety of the PSOs. There are a lot of cold, lonely and public. The government can laugh it off. It needs to get isolated railway stations in the system, and we are the answers. It had a chance to get this bill accurate; it talking about having a single PSO on the platform with had a chance to get the details of this bill right; it had a all the shops shut and the last trains coming through. I chance to make this work. What did it do? It ran it in, in think that is going to be quite an issue for some of haste, with no detail, no clarity, no transparency and no them. accountability. It rushed it through late at night, saying, ‘Let’s cross our fingers and hope for the best’. I hope An honourable member — There are two of them, for the best; I hope it does work out okay, but it would not one. be nice to be sure that we had legislation in this place that was detailed and that met the aims stated in the Mr HERBERT — Two PSOs? former opposition’s election commitment.

An honourable member — Yes. Mr WYNNE (Richmond) — I welcome the opportunity to speak on the Police Regulation Mr HERBERT — Same thing. It is a serious Amendment (Protective Services Officers) Bill 2010. matter. We have laughter over here, but the safety of As members of the house would be well aware, this bill PSOs when the last train comes through, particularly was rushed into the Parliament with indecent haste by with some of the circumstances they are going to find the government on 21 December 2010 when we sat just themselves in, is a serious matter. We should ask before the Christmas break. As other speakers have ourselves, ‘Where will they be? Where will they stay indicated, members of the opposition will be supporting on the station? Will they even have toilet facilities? the bill because we recognise that the government has a Will there be lighted areas? Will there be secure areas mandate to introduce it; we do not shy away from that. on the station? What will they do if they apprehend someone on the station?’. These are questions that need However, I acknowledge that in the 11 years I have to be asked. The people involved say, ‘Don’t worry been a member of this house I have not by any measure about that; we’ll leave that to the future. Don’t worry seen a bill introduced with such haste, with a about putting that in the law; don’t worry about second-reading speech that amounts to 70 or 80 words thinking out how this is going to work. Don’t worry at best and without ever being through the Scrutiny of about getting the details of this right so that it operates Acts and Regulations Committee scrutiny process. I effectively. It’ll be good enough. It’ll be okay on the well recall that when the present government was on day. We’ll see what happens, and we’ll adjust it’. That the other side of the chamber it insisted that every bill is an appalling way of going about business. went through a thorough SARC process, but that has been denied in this instance because SARC was unable As I said, we support the legislation because it was an to be formed in the interregnum. election commitment. We recognise that. That is the government’s legacy. It has a mandate on this one. But In relation to the bill itself, my colleagues have no-one would have thought that the government would canvassed a range of matters of concern that we hope have rushed in a bill that is so lacking in detail and the minister may take up when he summarises the bill. I clarity and that has dangerous aspects to it. There are a would like to go to three key elements. The first is the whole heap of unanswered questions. What relationship relationship between Victoria Police and protective will there be between the Metro employees and the services officers in their day-to-day operational matters. PSOs in terms of using the facilities on a station? Are I draw particular attention to the provisions that relate there special powers? Will the minister act? to the powers provided to Victoria Police officers. The

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382 ASSEMBLY Tuesday, 1 March 2011 arrest powers of Victoria Police are significantly contributions, will the protective services officers be broader than those given to protective services officers able to deal with offenders in car parks, within the (PSOs). I am sure members of the house would be vicinity of the train station and in the access and ramp aware that under section 459 of the Crimes Act 1958 a points of the stations? Where in fact will their coverage police officer may at any time and without warrant start and stop? apprehend an offender who — and here is a test — These are legitimate practical questions which need to (a) he believes — be resolved, not only in the interests of ensuring that we are clear about the coverage of this legislation but in a or she — broader sense so that the public is clear as to the on reasonable grounds has committed an indictable operational boundaries around which the PSOs will be offence in Victoria (including any indictable offence able to operate. When considering the question of which may be heard and determined summarily); or operational matters it is worth acknowledging that there are 212 stations on the metropolitan rail network and (b) he believes — 85 stations on the regional network. The government or she — has indicated in its second-reading speech that it will cover a number of regional stations. But I say to my on reasonable grounds has committed an offence colleagues in The Nationals that there is no comfort for elsewhere which if committed in Victoria would be an you in this legislation. I do not know how you indictable offence against the law of Victoria (including any indictable offence which may be heard and expect — — determined summarily). The SPEAKER — Order! The member for PSOs will not have the same powers as police. Richmond will address the Chair.

As other colleagues have indicated in their Mr WYNNE — Speaker, I will address the Chair. contributions tonight, PSOs will not receive the same In fact I will address your good self, because there is no level of training as police receive, which is of particular comfort for any member of Parliament who represents importance since the PSOs will be armed as well. They regional Victoria that there will be protective services are expected to guard infrastructure, intervene where officer coverage at their train stations beyond the major they find an offence being committed and work in quite regional centres. When members of The Nationals go isolated situations. I acknowledge that the minister who home and talk to their constituents in regional Victoria I has carriage of this bill, the Deputy Premier and hope they will be straight with them and indicate that Minister for Police and Emergency Services, has they should not expect coverage by PSOs in regional indicated that the PSOs will operate in twos, and that is Victoria. They are being dudded and absolutely will not obviously a sensible operational outcome to provide get it. That is the truth of it, and there is no question both support and protection to each other in those about that. circumstances. I will be interested to hear what the Leader of The But it is important that we have some understanding in Nationals has to say about that when he provides his an operational sense — and indeed that the PSOs have summary on this bill, which will be coming up shortly. some understanding — of what powers will attach to On my reading of the situation there are 85 stations on them in relation to their duties. In summary, it would be the regional network, and the second-reading speech worthy if the Deputy Premier could seek to further indicates that PSOs will be stationed on major regional clarify for the opposition what have been consistent and stations. I would assume those to be Geelong, Ballarat, legitimate concerns raised by my colleagues in their Bendigo, Traralgon and perhaps a few others. I am not contributions thus far this evening. sure, but in summing up maybe the Deputy Premier will provide more detail about what regional coverage The second matter I want to talk about is the question he anticipates there will be. of coverage, because if you go to the bill itself, you have to ask: what — for want of a better word — In summary, a range of matters here are essentially geographic coverage will the PSOs have? Clause 3 of unanswered because the government has rushed this the bill states that persons holding certain official or bill into the house. The second-reading speech is flimsy public offices, the general public in certain places and and provides absolutely no detail. The bill literally does certain places of public importance will be covered. not even contain a handful of clauses. Many issues in What does that mean in a practical sense? Again, as terms of the application of this particular policy remain many of my colleagues have indicated in their unaddressed. In its implementation a number of

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Tuesday, 1 March 2011 ASSEMBLY 383 regional communities in particular, and I expect many of them are worried about late-night travel. I wish metropolitan communities, will say, ‘That was a lot of this was a real solution and not one that just leads to bluster, but to what outcome?’. more potential problems. In order to improve public safety we have to deliver real solutions, not just I will finish by making a final observation. I noticed a perceptions. photograph of a train and a police officer on that train in full uniform in the 2011 Victorian Families Statement, Mr MADDEN (Essendon) — I rise to speak on the which was released by the Premier in the last sitting Police Regulation Amendment (Protective Services week. The interesting question here is: what will be the Officers) Bill 2010. Whilst it might surprise people in relationship between those transit police, Victoria this chamber, I have been a regular user of public Police and PSOs? This matter is not addressed in this transport, particularly the rail system, over the last legislation, and it needs to be clarified. 20 years or so. One of the things I have noticed is that although there is no doubt that there are issues on Ms HUTCHINS (Keilor) — I rise to talk about particular lines, they are not necessarily issues that are improvements in safety on public transport and how rampant across every line and railway station on the important they are, but I do so specifically in relation to railway system. I regularly use the Broadmeadows and this bill. Page 11 of the government’s 2011 Victorian Craigieburn line and have done so for many years. Families Statement, which was released by the Premier, Whilst there may be some issues in some locations, I specifically talks about increasing the number of police believe a comprehensive approach to dealing with this officers on public transport. The second paragraph on matter should be more strategic. page 11 states that the government will be putting protective services officers on patrol at metropolitan In New York some years ago when the authorities and selected regional rail stations. These statements wanted to eradicate violence on the railway system they appear on the same page as a picture of a police officer did not place transport police right across the entire on a train. This is very misleading when in fact what network; they specifically arranged to gather this bill proposes is kind of a half police officer and not information about where the incidents were occurring a real police officer — that is, a PSO who has only had across the railway system and then located trained eight weeks training, who has the right to carry a gun, police officers in those locations to deal with safety who cannot get on a train and who can only make a issues. When they graphed the issues and collated the citizen’s arrest. information they realised there were specific locations where there were more incidents than others, and over They will not necessarily have had training in how to time they allocated appropriate resources to those deal with mentally ill or drug-affected people. I invite specific locations rather than across the whole network. the Minister for Public Transport to ride a train late at night to Watergardens station, where he will come One of my concerns about the proposals of the new across mentally ill people, drug-affected people and government is that the scattergun approach might not alcohol-affected people. I would like to know if the necessarily fix the problems it seeks to eradicate but PSOs will have adequate training to deal with those might create more problems and in many ways be people as they get on and off trains. suspected and eventually confirmed as being just a cosmetic approach to trying to fix some isolated In my inaugural speech in this Parliament I raised the incidents. I hope in years to come we are not standing issue of suicide on public transport. It is a real issue. In here lamenting the fact that some young person has the previous 12 months on the Watergardens line there been accidentally caught up in some unfortunate have been two suicides that I am aware of. Will the incident in which they have found themselves wounded PSOs be trained in how to help and how to deal with an by a bullet. I hope that is not the case, because I hope incident such as this? The detail is not there. the protective services officers (PSOs) will be very well trained. There have been many issues in Keilor in relation to public safety, including at Keilor Plains station. These I have a number of colleagues who have been PSOs or safety issues have been raised not only by the most are currently police officers. They share stories with me vulnerable in our community but also by some men about incidents in which they have had to use their coming home from work late at night who have said training. Not only do they feel very well trained but that they feel unsafe. Will the PSOs really be trained to they also feel very well drilled. Such training involves deal with some of the safety issues these men face, drilling similar to drilling for football training, police particularly in car parks? Seventy-five per cent of the training or army training. Once the adrenalin hits, residents in my electorate drive to and from work, and people are trained to go into their drill.

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I am concerned about PSOs with guns on railway may be an incident and that members of my family station platforms. PSOs have been very well and might be caught in the crossfire. appropriately trained to use guns. There may be one or two incidents where PSOs may use their weapons. Such I am also nervous because in other countries around the incidents have already occurred with police in Victoria. world where there are more officers than are needed An incident may arise — and they have — in which a who carry guns, all those officers do is promote fear. Is young person affected by particular substances might that what we really want? Do we really want a not see reason and might be caught up in an incident, generation of people who are fearful in public spaces and in which the only way to deal with such a young because we have police officers carrying more guns in person may be to use some sort of weapon. the community than are needed? We will have Unfortunately in some instances a trained officer might 940 more guns. Do we really need them? I know they have to take his or her firearm out of its holster — — will be in the hands of trained officers, but do we really need 940 more guns out there in the community to state Dr Sykes interjected. where power lies and how people should be dealt with? I am not convinced that is going to be the solution. Mr MADDEN — I asked my colleagues who are or who have been police officers or PSOs how they were The other issue I am particularly concerned about is in trained. They are not trained to take out a gun unless regard to the five railway stations in my electorate of they are going to use it, and they are not trained to shoot Essendon. Those railway stations are Ascot Vale, at an ankle, an arm or a foot. When they take out a Moonee Ponds, Essendon, Glenbervie and Strathmore. firearm they follow the drill and fire at the biggest mass Each one of those stations is set up differently. If you of the body — that is, the chest. are going to feel unsafe at or around any of those stations, you are more likely to feel safe at the station My concern is that through this bill we will have people and unsafe in the car park of the station. This is on stations carrying guns who have been trained for particularly true at Essendon station, which is a only a short period of time. We may have situations premium station. It has quite a significant car park at where these people will be tired and hungry because which people park in the evening when they go to they may have been standing for long hours in cold events in town, particularly the football. My concern is locations and will be very uncomfortable. Such officers that we will have PSOs at the stations — at all the may be confronted by people affected by alcohol or by different station formats we have in Melbourne — but a substance-affected young person who may not be they will not patrol the car parks. They could not seeking to cause any great havoc. Because they are possibly be in the car parks because the car parks are under the influence of a particular substance such a too big. People will have a quandary where they will young person may not experience any fear and as a not know whether they are safe in the car parks. There result an officer may go into drill mode and the young will be a false sense of security at the station, but it may person might unfortunately be taken out. I hope that is not translate to the car parks around the stations. not the case. Our stations have different degrees of elevation. For Honourable members interjecting. example, the station at Newmarket, which is on the Craigieburn line, is elevated. It is separate from the road Mr MADDEN — I have heard government and the area surrounding it. It will not be possible for members say, ‘No, that will not be the case’. When that the PSOs to see what is happening on Bellair Street or does happen — and I am sure it will, but I hope it does the other streets surrounding that station because the not — I will be back in this chamber defending that station is elevated. But at Kensington the station young person regardless. I use the train regularly, and complex sits at road level, so the PSOs will be able to my children, who are adolescents, use the train see what is happening on the road across from the regularly. What I am very nervous about — — station in front of the shops. Will the PSOs be able to Dr Sykes interjected. step out onto the streets, go across the road and deal with people in those streets in Kensington? I suspect Mr MADDEN — I take up the interjection from the that they will not be able to do that; it is not clear from member for Benalla. I am not very nervous about my the legislation what they will be able to do. What will children’s security on railway stations, because they are happen is there will be issues in the streets. At the end already quite secure. However, what I am nervous of the day that is where the security issues really lie. about on the line on which members of my family People’s safety and security issues lie in the streets travel is that there will be PSOs with guns, that there outside the station, but I suspect the PSOs will not have the power or the ability to deal with those issues.

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I would like to put on record the issues I have raised. I This legislation means bugger all; it only raises the cap hope I am wrong, but I suspect I may have to come of 150 PSOs — which the government opposed during back into this chamber and relate a story about a the last term of government — so the government can vulnerable adolescent who has been caught in the employ over 150 PSOs. It has put this legislation in crossfire. I suspect we might well see something like place to say, ‘We are taking the fight out to the that, and that will show this for what it is: an criminals on platforms of our railway stations’, yet the ill-thought-through, ill-conceived and ill-delivered bill. government cannot detail any of the responsibilities of the PSOs. The government will need to bring in real Mr NARDELLA (Melton) — I also rise to speak legislation to put in place the machinery for these on the Police Regulation Amendment (Protective officers to work within. It only lifts the cap of Services Officers) Bill 2010. The opposition has raised 150 PSOs; then 940 PSOs will start work. Then it will a number of concerns tonight about this particular piece become open slather. of work. I say ‘particular piece of work’ because if you look at the second-reading speech, you will see that it is What will it mean for policing in this state? Will it one of the shortest second-reading speeches that has mean the role of PSOs can be expanded to take over the ever been made in this house. When in opposition the roles of protecting other institutions and other areas coalition was extremely lazy, and it has continued that where this government believes crime is rampant? Will laziness on into government; that is why the PSOs go into nightclubs? Will PSOs have another role second-reading speech is so short. The coalition does other than within the public transport system? That is not want to do much work in government, so it put still to be determined. together a very scant second-reading speech. Coalition members may argue that the bill is very small, but the The legislation changes the role of the PSOs from a same could be said about the coalition’s work ethic. property service role to a crime enforcement and crime prevention role. That is not the function of PSOs. This bill does not answer many of the questions that have been raised here tonight. For example, there is no I turn to the issue of training. Protective services detail on how the protective services officers (PSOs) officers are trained for 8 weeks; police officers are will work. There is no understanding by the community trained for 23 weeks, but then they go through a about what the role of the PSOs will be; all we know is massive further training process within police stations. that they will be standing around on the railway They have mentors; they have a system where they platforms and walking around with their guns on their increase their education as they progress through their hips, getting fit. For many people that is a good thing to career. In this instance there will be two PSOs per do, to walk up and down railway platforms and get fit station walking up and down platforms. What type of or remain fit, but it is not clear from this bill how the mentoring will they have? What type of supervision PSOs will work, what will be designated a station and will they have? What type of shared experiences will what will be the PSOs’ area of responsibility. We ask they have with other PSOs who are put on railway why this is not in the bill. It is because members of the stations? government were too lazy to put their thinking caps on to work out what should be in the bill and the finer The PSOs will have to catch people in the act of details. committing a crime to arrest them. They will only have the arrest rights that you, Speaker, and I have. They will When you are a minister of the Crown you have a lot of not be the arrest powers that the police have. The PSOs resources behind you — this may not be true with this on the platforms will not be able to get onto trains, so government because the Premier is keeping back the that will be a bit limiting. If something happens on a chiefs of staff and ministerial advisers. There are public platform and people jump on a train, the PSOs will not servants, there is the police command and there are be able to chase those people. They will just have to people with expertise from whom the government can leave them alone. Those people might go rampaging get advice, but the government remains lazy and does through a train carriage, yet the PSOs will not be able to not seek advice, and therefore it has not worked physically step on the train and deal with that situation. through the details of this legislation. What this lazy and hopeless government will do is bring in further What will happen to street crime? Where will the legislation to add to this. This is a show pony. This is responsibility of PSOs be? You, Speaker, were the what the government has put in place to say, ‘Yes, we chair of the Drugs and Crime Prevention Committee are fixing the problems; we are getting on with the job; when it investigated crime on the public transport we are putting together this piece of legislation’. system. An issue in that committee’s report — that committee had a fantastic chair! — was that most of the

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386 ASSEMBLY Tuesday, 1 March 2011 crime does not in fact occur at railway stations; it claimed there were many problems with transit officers, occurs around railway precincts. The relevant statistics, so police officers took over their role. History is that committee report — and I am sure you, Speaker, repeating itself in this particular instance. What the remember the aspects of that excellent report we put honourable member for Essendon raised is absolutely together — and the newspaper reports state that most important in that regard. crime on the public transport system occurs in the vicinity of railway stations. There was quite a lot of The government is abandoning country Victoria. It is discussion about that. treating country and regional Victoria as the toenails of Victoria. There are 85 stations in country Victoria and The PSOs will be stuck; they will be stuck in the PSOs will be put in four areas: Geelong, Ballarat, immediate vicinity of the platform unless further Bendigo and Traralgon. The government is forgetting legislation is brought in to deal with that issue. That is a about the rest of the areas. They are my concerns. problem, given where real crime happens. Ms PIKE (Melbourne) — It is with pleasure that I It is not clear how PSOs will deal with police officers. rise to speak on this bill this evening. It is important that This legislation is so scant and lean we are still to people feel safe on our public transport. It is also understand how they will deal with police officers and important that people understand the level of risk the police force. Will the PSOs get on the phone? Will involved in using public transport and that we as a they take their 50 cents and put it into the public phone broader community take the appropriate steps to make system and give 000 a ring or will they use their mobile sure that people not only feel safe but in fact are phones? Or will they get a walkie-talkie, like they do on genuinely safe. There are millions and millions of trips Combat — which was a great series. Will they get the taken every year on our public transport system. The Combat walkie-talkie to call the police? Will they use 2009–10 annual report of the regional network system SMS? They might SMS the police and say, ‘There’s identifies a figure of 13 million trips. If we think about something happening out here at Sunshine railway the metropolitan public transport system and recognise station’. They could get on the computer and onto how many people are using that system, then we really Facebook and say, ‘We really need a hand here’, or are getting up towards the hundreds of millions of they could use Twitter. The PSOs could get into the passenger movements on an annual basis on our 21st century. transport system.

This government is so lazy that it has not worked it out. In the last year there were 9000 reported offences on The PSOs could tweet the police to come and save the public transport system. Those represented a range them, to come and help them because of something of offences. Some of them were very serious, some of happening on a particular railway station. That has not them were deplorable offences and some of them were been worked out. very frightening and difficult for the people who were involved, but it is worth pointing out that to get a In the UK about 1600 PSO equivalents were employed measured, appropriate and effective response to this to increase visibility and to deal with crime prevention, issue we need to understand the number of offences in but in actual fact it did not work. It has not been the context of the number of transport trips. It is working, and is not continuing. therefore with concern, I have to say, that I read The Nationals press release of Sunday, 8 November 2009. I Who is paying for this? Is it public transport or is it genuinely believe the language used in this press police? I would be interested to hear whether this is release is not commensurate with the issue that we are coming out of the police budget. If it is the public discussing this evening. transport budget, then what are the cuts? Already we have three V/Locity train units that have been cut by When we talk about lawlessness and violence, yes, this government. Are there going to be further timetable there are problems, and yes, there are issues, but is there cuts? Are there going to be bus cuts? Already full-scale lawlessness and violence? When we talk 20 premium stations have been cut. about people being involved in unruly and antisocial behaviour and when we use the kind of inflammatory I remember back in 1992–93 when the transit officers language that is used in this kind of media presentation, were cut by the Kennett government. The Kennett we take a legitimate problem and a level of legitimate government got rid of them because they did not work. concern to a level where we escalate people’s They actually put police officers in to do that role. perception of this issue. Well-intentioned, law-abiding Maybe I am old, maybe I have not got much hair, but I people who are just getting on with their normal remember these things. The Kennett government business, going to and from work, kids coming home

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Tuesday, 1 March 2011 ASSEMBLY 387 from school and people going to and from social street and to effectively apprehend people, which activities in the evening, off to sporting events and all means they could in some ways be little more than the those sorts of things are being told by The Nationals Fat Controller standing on the platforms, inert and that the 9000 incidents out of 100 million trips mean unable to respond to the kinds of mental health or that if you step onto part of the public transport system, substance abuse issues people bring into these then you are absolutely going to be subjected to gross situations and to degrees of criminality which may be violence. small but which are real and often the cause of some of the more difficult and serious criminal activities we see That is the language used in this particular policy graphically portrayed in the media. statement. I think it is the kind of language that inflames an unrealistic perception within our The government really needs to think this whole matter community, which then leads to an ill-considered through a lot more strategically. It needs to think about response — a response that is not commensurate with giving people the kinds of powers they genuinely need the genuine situation that is reflected in the genuine to be able to apprehend and deal with people who are statistics and does not genuinely tackle the real engaged in criminal activity. It needs to make sure that problems that are there. people are fully trained and, as the member for Essendon said, that it is not placing weapons in the There is no question that from time to time there are hands of 940 additional people who do not have challenging situations on our public transport system. I anywhere near the level of training and accountability for one use public transport all the time. I live in North that members of our police service have. If those things Melbourne; I use the tram system and the bus system. were done, then when challenging instances occur — in Here we are talking about the train system, and I use the this system that deals with millions of people train system as well. In fact not only do I use those annually — the public would have genuine confidence systems but I also walk around my local community at that the government understands the problem and has any hour of the day or night. Many times I walk home an effective regime to deal with those matters. to North Melbourne from Parliament House itself at very late hours of the night, and I can assure members Mr Holding — Deputy Speaker, I draw your that I do not feel concerned about my safety in this attention to the state of the house. wonderful city of ours. Quorum formed. But there are challenging situations. It is true that sometimes on my tram and sometimes on my train Mr HULLS (Niddrie) — It is with pleasure that I there may be a person who is affected by a substance or rise to speak in the debate on this bill. The opposition is there may be a person with a mental illness; there may not opposing this legislation; we understand that the be a person who is displaying inappropriate activity, government has a mandate to introduce it. The and from time to time there is criminal behaviour. I government parties campaigned very hard on this would think it incumbent on the government to put in particular issue, and there were many debates during place the kinds of initiatives, the kinds of policies, the the campaign about the appropriateness or otherwise of kinds of funding regimes and the kinds of appointments the then opposition’s policy. We have had an election, that will effectively deal with these issues. Whilst the and the opposition became the government, and it notion of protective services officers may sound absolutely has a mandate to introduce this policy. appealing to the public because it shows that something is being done, public resources need to be used wisely One would have thought that with so much policy work and they need to be used effectively, and this particular apparently done and so much faith put into this policy response is very ill-considered. It lacks details; it does the government would have ensured that the bill it not wrap around it the kind of accountability and introduced into this place was a thorough piece of transparency that is absolutely required to effectively work, that there would have been a substantial deal with the situation that we have in the context that I second-reading speech which set out all the powers of have described. protective services officers (PSOs) and which made clear what the common-law rights of PSOs were in The other thing is that if you do have a dramatic and relation to arrest powers and what being in the vicinity difficult situation, then you want to have the personnel of a station meant, and that there would have been in place with the powers to deal with the problem. I specific definitions in relation to those matters. Instead, have to say that there are issues on the railway we have a tiny second-reading speech purporting to platforms, such as the PSOs’ inability to jump on trains enunciate this wonderful policy of the government! and deal with issues, to chase someone out into the

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Many second-reading speeches have been made in this potentially use firearms after just eight weeks of place over the years, but I have to say, given the training. substantial commitment made by the then opposition and now government in relation to PSOs, this is one of Many people use public transport for a whole range of the flimsiest second-reading speeches I have ever seen. reasons and, as the member for Melbourne made quite It is not only flimsy; it goes to show that the clear, there are people who could be affected by a government was simply playing games in the first week whole range of substances, including people with of this Parliament when it came into this place and said mental health issues. There will be people, for instance, it had a whole range of legislation ready. It ran off to with issues in relation to autism and the like that only the media and got front-page headlines, and it conned expert training can identify and deal with. The last thing the public into believing that it had done the hard yards we want is for the first port of call to be the use of a and the hard work to implement its policies. The fact is firearm when there is a potential incident on or around a that this flimsy second-reading speech does not address train station. That is the last thing we want, but unless all the issues that need to be raised in relation to this the training is adequate there is the potential for a tragic policy. incident to occur. We have already seen many such incidents that, as I said, are being investigated by the I agree with the member for Melbourne’s excellent, coroner. The last thing we want is for a tragic incident erudite, off-the-cuff contribution in relation to this to occur where any person is injured or shot or another matter, in which she quoted from The Nationals media person is caught in crossfire or whatever simply release of Sunday, 8 November 2009 — a great because the training has not been adequate either in example of going over the top in relation to an issue relation to the use of a firearm or in relation to health which the government, then in opposition, believed issues, mental health issues or a whole range of other needed to be addressed. In effect, it wanted to create a personal issues. perception of our public transport system as a war zone, saying our train stations are places of fear and that it We should never simply make bold statements that we wanted to turn them into places of safety. It gave the are going to give people firearms and that will make impression that every railway station in the state was everybody safer. It is just not the case. Adequate virtually a war zone. That is just not the case. As the training has to take place in relation to any person to member for Melbourne said, while there are some whom society gives the authority to carry a firearm. issues in relation to public transport it is certainly not a There are a whole range of other issues associated with war zone. To create that false impression is politics of the use of firearms including things such as the secure the basest order. storage of firearms, whether or not PSOs have to sign out a weapon at the beginning of the day, where a It is not just that; there are some genuine issues that weapon is going to be stored and whether it is able to be need to be addressed but have not been addressed. I taken home or stored at a police station. There will be a want to touch on the issue of training. The government substantial increase in the number of firearms that will intends to allow PSOs, who will have had something be issued to PSOs and additional storage space will be like eight weeks training, to carry firearms. This required for their guns and equipment. The legislation purports to give them the ability to use those commitment is to staff stations until the last train. There firearms. I certainly do not intend to breach the rule of is nothing in the legislation about how a PSO is going sub judice, but in recent times a number of coronial to transport a firearm from a station to a safe place. All inquests have taken place in which the issue of training of these matters need to be addressed appropriately. police officers in the use of firearms was under The reason they are not is that the hard work — the thorough examination by an independent coroner. hard yards — has just not been done in relation to this legislation. Over a long period of time we have read about the tragic case of Tyler Cassidy, and that matter is currently What I am seeking from the minister in his summing being considered by the coroner. Over the years the up, at whatever time or day that is, is a guarantee on training of police officers, and whether or not it is behalf of the people of Victoria that people are going to adequate and up to date, has been touched upon in be adequately trained and that we are not going to relation to a whole range of tragic incidents that have expect to have a range of incidents where innocent been investigated by the coroner. Without the people are shot, injured or killed by PSOs carrying government waiting for some of these coronial findings firearms as a result of those PSOs not being in relation to police to be made public, we now have a appropriately trained. piece of legislation that will allow PSOs to carry and

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These are issues that it is appropriate for members of transport infrastructure as safe as it can be? The Parliament to raise. I agree with the member for hallmark of any good law is that it requires Essendon that the last thing we want is to be back here consideration of all the potential unintended having a condolence motion in relation to innocent consequences, and it is here that this law really falls people who may have been injured or shot as a result of somewhat short. It falls short because there are so many inappropriate training for PSOs carrying firearms. unanswered questions about the legislation that is currently before the house and the measures we are Mr HOLDING (Lyndhurst) — It gives me a great being asked to consider. deal of pleasure to make a contribution on the Police Regulation Amendment (Protective Services Officers) At the election the position of the then opposition, the Bill 2010. As members will be aware, Labor does not now government, was very clear. It put out a policy oppose the bill. However, it is very important when we which said it would guarantee that there would be discuss matters around community safety and law and uniformed officers on every station in metropolitan order in this Parliament that we do so with due Melbourne and the major regional stations from consideration to the historical context in which these 6.00 p.m. until the last train seven days a week. The discussions and debates occur. It is important that government went on to promise that Melbourne’s political parties are judged not just by what they say metropolitan train stations and all stations in Geelong, when they are in opposition but on the things they do Ballarat, Bendigo and Traralgon would be protected by when they are in government. We all remember, of uniformed officers. Train stations would be safe, secure course, the time of the Kennett government when it and patrolled under a Baillieu government. promised 1000 police and cut 800, and not surprisingly instead of crime decreasing, it went up. In fact we faced The member for Melbourne has already gone to the a situation where the Victoria Police attrition rate was question of whether many of the more inflammatory the highest of any police force in any state in Australia. and flamboyant claims made by the government in relation to this policy feed and undermine community Naturally, when we come to this debate and the perceptions of safety by creating the somewhat false discussion we are having today, Victorians remember impression that crime levels are higher than they the record of the coalition when it was last in actually are, or that public transport infrastructure government when it made promises and commitments stations or other areas of our community are in fact less to Victorians around police numbers and around the safe than they actually are. It is really this question of efforts that it would take to reduce Victoria’s crime unintended consequences that I wanted to give some rate. consideration to this evening.

When Labor was elected in 1999 it was committed to Honourable members interjecting. increasing police numbers. We made specific commitments and promises around what those Mr HOLDING — Thank you. I appreciate the increases would be, and we met each and every one of input and assistance of my learned colleagues. The first those commitments. In fact, in each instance we area is in relation to the specific powers that protective exceeded our commitments around police numbers. services officers are afforded. Unlike sworn police Therefore, not surprisingly, Victoria’s crime rate members who are given the full common-law powers decreased substantially. I hear government members of constables but who are also given statutory powers saying, ‘Dream on’. under various pieces of legislation, protective services officers are not given the same levels of power. If I Honourable members interjecting. could refer particularly to arrest powers, there are a number of powers that flow to citizens and to Mr HOLDING — We recall that it is, in fact, constables in relation to arresting citizens. Those nationally collated statistics around crime which powers are contained, amongst other places, in the demonstrate that Victoria’s crime rate fell and fell Crimes Act 1958 at sections 458 and 459. Section 458 substantially over the period of the Bracks and Brumby allows any person, including a private citizen, to governments, and that is something we are very proud apprehend or to arrest without warrant and take before a of. court or deliver to a member of the police force any person he or she finds committing any offence, whether But the law that has been introduced in this Parliament it is an indictable offence or an offence punishable on requires us to give consideration to what else can be summary conviction, where he or she reasonably done to make Victorians safer. Does this piece of believes that apprehension is necessary to ensure the legislation strike the right balance in making our public offender attends to be dealt with for that crime.

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In contrast, section 459 allows a member of the police supervised? What will the level of career progression force only — this is not a member of the public but a be for these officers who are essentially working member of the police force, and at this stage that does two-up on station platforms with limited capacity for not include protective services officers — to apprehend the direct supervision and peer support that many other a person reasonably believed to have committed an police officers receive in other situations because of the indictable offence. It provides a power to arrest a more varied and diversified workplaces they find suspected offender where the arresting officer did not themselves in? observe the offence occurring. The member for Niddrie, the Deputy Leader of the Sworn police officers have different arrest powers from Opposition, has raised issues around the safe storage those of members of the public, and that includes and handling of firearms, and they are important protective services officers, who do not have the same questions. Again it is not unreasonable for the Victorian arrest powers as sworn police members. Is the people to expect us to have that information before we government intending to change in any way the powers are expected to vote on the legislation before the that protective services officers currently hold? Will it chamber today. be expanding those powers? Will the government be doing that by future legislation or by regulation? Does I would simply say it is a worthy objective to do the government intend that protective services officers everything we can to reduce the crime rate and to make will instead continue to rely on the powers that are Victorians as safe as possible, but it is also reasonable provided for under the common law — that is, the to expect that legislation is carefully thought through powers that accrue to all citizens — or will there be and information is provided to this house. some change to those powers? It is a reasonable question, because if we are going to significantly Ms ALLAN (Bendigo East) — I am pleased to join expand the number of protective services officers and at this fulsome debate we are having this evening on the the same time expand the locations where they can Police Regulation Amendment (Protective Services undertake their activities, it is not unreasonable for the Officers) Bill 2010. That we are having such a long community to expect to clearly understand the powers debate and giving such a large amount of scrutiny to a that those protective services officers will be provided piece of legislation that the government has brought with. before the house is a good reflection of how this house is able to operate. Other colleagues have already addressed the question of the different training requirements for protective The important reason why we are having such scrutiny services officers versus sworn police members. of this legislation is that there has been scant detail Protective services officers receive 8 weeks training at provided to the house and the people of Victoria about the police academy in Glen Waverley whereas sworn what sits behind this bill. In fact it reminds me of that police officers undergo a 23-week course. Police day just before Christmas when we all gathered here in officers also undergo additional training in relation to the house for our first sitting day. Some of us were here firearms. What was then the Project Beacon training for work. Those of us on this side of the house were that was undertaken in the mid to late 1990s as a certainly here to do the work, to scrutinise legislation consequence of a spate of unfortunate police shootings and to examine the proposals that the government was has ensured that police members, as much as possible, bringing forward. But, alas, if it were not for the receive the most thorough training not just in the use of opposition we would not have any bills to consider — firearms but also in the use of non-lethal options when if it were not for the opposition requesting and insisting dealing with potentially provocative and violent that the government immediately bring forth its situations. Again we ask what the training situation will legislation that it was trying to hide under the cover of be in relation to protective services officers. Are any Christmas. changes anticipated in relation to those things? We wanted to have the opportunity to scrutinise that We also want to understand the circumstances around legislation over the Christmas and New Year period, which these protective services officers will undertake which is why we had the bills brought on forthwith. their duties and responsibilities on the public transport That is why we are now in this position of being able to system in and around the stations themselves. How will scrutinise this legislation, particularly with regard to a they be supported? How will they be able to take shift number of areas that my colleagues have already raised breaks and other breaks while they are undertaking that require legitimate attention and response. While the their responsibilities? How will they be transported to bill is between this house and the upper house and and from their workplaces? How will they be when it is debated in the other house the government

POLICE REGULATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) BILL 2010

Tuesday, 1 March 2011 ASSEMBLY 391 will no doubt have the opportunity to provide more That is a legitimate question, particularly when, as I detail on some of the issues the opposition has raised as have said, we have seen such scant detail in this legitimate concerns. legislation that it has required the opposition to bring forward this question of why some people in regional I must say there is not a lot to scrutinise. As we have Victoria are being treated as second-class citizens. They seen, it is a pretty flimsy second-reading speech and a are riding in the caboose when it comes to this piece of pretty flimsy set of detail in the bill. That has come to legislation. illustrate how this government behaves. Government members just do not seem prepared to do the hard It is laughable to believe that this is a government that work; they do not have quite enough of their heart in it wants to commit increased resources to regional to do the work that is required to put legislation before Victoria’s rail network. We all well recall those rail the Parliament. lines that were closed down by the previous government. Those regional communities were treated This is an important matter and this debate provides the as second-class citizens. They were certainly treated as opportunity to flesh out in more detail the issues that we the toenails of the state, as the former Liberal Premier on this side of the house wish to see examined. There labelled regional Victorians. Nary a word was heard are a number of areas of concern. One area I would like from the then government and from the then National to focus on is the question of how these resources will Party members of Parliament in particular. We would be allocated. have thought they would have stood up for those communities, but sadly they did not. The second-reading speech says the 940 protective services officers (PSOs) will be stationed at We are already seeing signs that this government is metropolitan rail stations and at rail hubs in regional returning to its true form. Just like a good homing centres from 6.00 p.m. until the last train, seven days a pigeon comes back to roost, so too does the week. For me this raises some significant concerns. In Liberal-Nationals coalition. We are already seeing that regard to the commitment the government has made in where there is an opportunity to provide resources to providing additional police we have already seen that regional communities, it is saying, ‘No, we will the now minister said, as reported in the Bendigo prioritise the city first’. Just as it will prioritise the Advertiser on 7 April 2010, that he would take care of allocation of police resources to city areas first, with the city first before paying any attention to the country. this legislation it will prioritise the allocation of What an astonishing thing for the Leader of The protective services officers to city areas first. Nationals to say — that he as minister would prioritise the allocation of resources to the city before the That is no great surprise, because whenever there has country! been a major investment in rail services it has been the Liberals and The Nationals that have opposed it. They Of course those of us from regional Victoria do not continue to speak in negative terms about the fast rail have to stretch our memories too far back to recall that and the regional rail upgrade that has seen a tremendous at every opportunity that The Nationals have to roll boost in patronage on regional rail services — the same over and play lapdog to their Liberal masters, they most boost in patronage that they now claim needs the certainly will do so. We have already seen that being support of these protective services officers. Now they revealed in the allocation of police resources, and I fear want to rip away the regional rail link project. They now we are also seeing that in the allocation of these want to rip up regional Victoria’s dedicated rail line PSO resources. into metropolitan Melbourne. That long-held dream we in regional Victoria have had, which took federal and The major rail centres of Bendigo, Ballarat, Traralgon state Labor governments to deliver, is now at grave risk and Geelong have been identified for receipt of these of being ripped away by this government. It is a great additional resources. But what about Shepparton? What shame, because it will be the next transformational rail about Echuca? What about Warrnambool? What about project for regional Victoria. Indeed it will be Swan Hill? Why are those communities not being transformational for metropolitan commuters as well treated equally by this government? I think these are when you consider that it involves the separation of rail issues that members on the government side of the services between the city and the country. I am excited house — members who represent those areas about it. I think it is a terrific project, one which has themselves — have obviously not raised with their been greatly anticipated by regional communities, but constituents. I think their constituents would want to we are now having to confront a scenario where those know why they are being treated less equally than communities will see that rail line ripped away. people in Bendigo, Ballarat, Traralgon and Geelong.

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As I said before, pigeons come home to roost; leopards government is now supporting. Basically our proposal do not change their spots. Whatever animal analogy for the use of PSOs was the same. you would like to use, this is a government that is returning to its true form. This bill exposes how the For many of the PSOs it is going to be a very long day, government will not be allocating those resources to especially for those at some of the stations in my area. I regional communities, just as it will not be allocating have noted that a PSO will sit at these stations from police resources to country areas. 6.00 p.m. until the last train with an average of 82 people going through. It will be incredibly boring In concluding my remarks on the bill I touch on and slow. If you look at many of the stations in my something an earlier speaker, the member for area, you see that they do not have any toilets and very Lyndhurst, also raised. We have seen a drop in crime few passengers use them — for example, Officer, across Victoria over the past few years, and the recent which does not have toilets or a bus service. We also statistics bear that out. The scare campaign that has have Beaconsfield — — been run by those opposite — that politically opportunistic campaign to scare little old ladies in their Honourable members interjecting. homes and scare people away from travelling on rail services — cannot be justified. It is a great shame. I The DEPUTY SPEAKER — Order! travel by train regularly; we have a fantastic service. I Mr DONNELLAN — I am stating the obvious, but mostly travel on regional trains, but I travel on if there are no toilets at these stations, it will make it metropolitan ones as well, and I feel very safe. quite difficult for PSOs to serve. There are no toilets at My other colleagues have raised concerns about people Officer or Beaconsfield, which means that the officers with firearms travelling on trains with us. The issue of will not be PSOs, they will be POSs, or piddle outsides, training is so important. It is of grave concern that the because they will not have these basic facilities government will add 940 people with firearms to our available to them. This is a serious issue. These people rail network. will be known as POSs, or piddle outsides, and that is a ridiculous proposition. Mr DONNELLAN (Narre Warren North) — It is an honour to speak on the Police Regulation The government put forward this major policy at the Amendment (Protective Services Officers) Bill 2010. last election without seeming to have given it a lot Above all else what concerns me about this bill is that thought. It just said, ‘We have come up with the idea of there is very little detail in it. A lot of the detail is being putting PSOs at stations; we will give them certain dealt with through regulation. The Scrutiny of Acts and powers and very limited training’. I certainly would not Regulations Committee’s report on this bill is very be going onto the streets of Melbourne with only eight short. It literally just states the purposes of the bill. The weeks of training to protect the public. I think that is a committee had little to look at because the bill itself is very dangerous position in which to put people. You very limited. The government is obviously resorting to have only eight weeks training and you are trained to regulation and subordinate legislation to give effect to use a gun. That is it. You are trained to use a gun, but its election promises. It concerns us greatly that you do not have other training in how to deal with the although this was a big commitment of the then community safely. That is a serious issue. opposition, the current government, there is very little In 12 months, two years or five years time we may have detail for those of us in opposition to look over and to come back here to deal with officers who have not consider. We are supporting the bill, subject to some been trained properly or who have not had enough concerns which we are raising here. training but who have had to deal with potentially The bill states that a certain number of PSOs will be serious issues and who have made a mistake. You can appointed and removes the cap on the number of PSOs hardly blame the officer making that mistake when they that can be appointed. If I remember correctly, we put have not been provided with serious training other than forward such a proposition to the house when we were the capacity to shoot a gun. That is dangerous. in government but many members who currently sit in Furthermore, the power for PSOs to arrest people they the house did not support that proposition. We do not like is pretty limited. To arrest someone, PSOs supported the use of PSOs and attempted to amend the will have to catch them red-handed in the act of Police Regulation Act 1958 to remove the cap, but at committing the offence. These powers are not the same the time it was knocked back by the current as those of a police officer, but PSOs could be dealing government, which was pretty disappointing. It seems with issues that are just as serious. PSOs will have futile for us to have put forward a proposition which the neither the capacity nor the training to deal with such

POLICE REGULATION AMENDMENT (PROTECTIVE SERVICES OFFICERS) BILL 2010

Tuesday, 1 March 2011 ASSEMBLY 393 issues and so could potentially get themselves into and to make a contribution that identifies a number of incredible difficulty. concerns that those in the opposition have in regard to the operation and the underlying issues of this proposal. To me it seems like madness. It would be better to spend more time training people well so that they can Mr Wakeling interjected. provide the protection the government wants them to provide to the public at railway stations. At the end of The DEPUTY SPEAKER — Order! The member the day, whether you double or triple the training for the for Ferntree Gully! number of weeks, more has to be added to the training so that these officers have the capacity to deal with Mr PALLAS — Fundamentally the inconsistency serious issues. of this proposal with the government’s philosophical direction is that it would have a continuing regard for When we were in government we did substantial things transparency and accountability. to improve safety: we increased the number of transit safety officers, provided additional platform staff, Honourable members interjecting. upgraded stations to premium stations, provided The DEPUTY SPEAKER — Order! The members additional staff to sell tickets, provided information to for Ferntree Gully and Melbourne will cease having a staffers and introduced closed-circuit television conversation across the table. cameras and duress buttons. We provided safety measures which were thought out, not just done to fulfil Mr PALLAS — I will need all the available time to an ad hoc election promise, that suddenly had to be be able to address these serious issues, so I hope the brought in with very limited legislation and are being interruptions will not count against me on the clock. provided with a wink and a nudge and the attitude of, ‘Just trust us and hopefully we will get it right’. The importance of this legislation is that in many ways this is a first attempt by this government to set the To me it appears that this is not short-sighted, but very philosophical foundation underpinning what it means limited in its thinking. In many ways I would rather see by both transparency and accountability in terms of more officers at larger stations, as opposed to having public life. Critically, this bill in many ways has officers at stations through which very few people pass subverted the process and the forms of this Parliament each day. We looked at it when in government but we by not being subject to the Scrutiny of Acts and know what the then opposition did: it voted down the Regulations Committee, which has not been convened capacity for us to increase the number of PSOs. since the government was sworn in. It remains anybody’s guess as to when that will happen and how Mr Ryan interjected. this Parliament could have been better informed by a Mr DONNELLAN — No, let us be very honest. substantive process of review by SARC. The Deputy Premier is well aware that he was in Mr Ryan interjected. opposition at the time when it voted down the proposition. It is no use accusing us of hypocrisy. There Mr PALLAS — I have been given a very late is only one group of members in this place who are update in terms of the considered involvement that being hypocrites. When we were in government we SARC has put into this process. So transparent it is! It wanted to introduce extra PSOs but the then opposition is not quite as transparent as the second-reading speech voted it down. or indeed the content of the bill itself, but it sits here as testament to the means by which this government will We do not oppose the bill, but there are serious issues subvert form, subvert process and undermine the very which need to be dealt with. I do not commend the bill right of this Parliament to have a serious involvement in to the house but I suggest that further work needs to be the content of this legislation. done by the government. Let us not forget where we have come from in terms of Honourable members interjecting. public safety and the perceptions of public safety. The DEPUTY SPEAKER — Order! Government When we look at these issues we cannot avoid the need members! for context in this debate. The previous time the coalition was in government it promised 1000 extra Mr PALLAS (Tarneit) — I appreciate the police and cut 800. It fell to the previous Labor opportunity to speak to the Police Regulation government to employ almost 2000 extra police and Amendment (Protective Services Officers) Bill 2010

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394 ASSEMBLY Tuesday, 1 March 2011 reinstate the community’s confidence in our capacity to The key issue that affects this matter is that in order to deal with issues. deal substantively with perceptions of safety on public transport, let alone to deliver a valuable outcome when Most importantly let us not forget the level of it comes to public safety, PSOs must be able to assist achievement this government has now set for itself in commuters from a variety of backgrounds. They will terms of outcomes. It is going to stop crime in its need a level of skill, competence and capacity that tracks! Those tracks will apparently not be the ones it would ordinarily in the community’s mind be shut down when it was previously in government. On associated with the full range of powers, capacities and these tracks there will effectively be, in the training that one would expect of police officers. government’s own words, no tolerance for crime. The government will be ‘stopping crime in its tracks’. Very I will give an illustration of the sorts of things that will serious concerns have to be raised about what this bill now constitute the substantial and onerous obligations seeks to do. In broadening the purposes for which on the PSOs, restricted as they are in terms of their protective services officers (PSOs) can be appointed powers and the scope of deployment. There are and in also removing the cap on the number of PSOs 212 stations on the metropolitan rail network. The that can be appointed, the bill seeks to create a patronage data is substantial: hundreds of millions of framework for the appointment of some 940 PSOs journeys are taken every year on our rail network. spread across every train station in metropolitan There are 85 stations on the regional rail network, but Melbourne and major regional stations from 6.00 p.m. an important thing to bear in mind is that the to the last train, seven days a week. government has promised the allocation of PSOs at only major regional stations in Geelong, Ballarat, The bill enables the Chief Commissioner of Police to Bendigo and Traralgon from 6.00 p.m. until the last appoint and promote as many PSOs as the Governor in train, seven days a week. This is in many ways a snub Council thinks are necessary for the purposes of to regional commuters, once again reverting to the way providing services for this protection. That extends the that regional and rural Victoria is treated as the role of PSOs away from merely protection in public add-on — the also-ran — when it comes to the places and protection of public officials. They do a provision of services. good job in respect of those levels of protection, but the issue here is one of substance: are restrictions on the The allocation of PSOs to only metropolitan stations powers of PSOs appropriate in the context of the level and stations at major regional centres is in effect a snub of protection that will be required on our train stations to all commuters who board and alight trains across the in order not only to provide safety but also to address rest of Victoria. The restriction in terms of access to and perceptions of safety? opportunity for protection is a demonstration of where the government’s priorities lie and how it is prepared to Departmental representatives have advised the move away from the need to address perceptions of opposition that the powers of PSOs will be marginally safety. This measure is part of the government’s greater than the common-law powers that PSOs have self-professed and, might I say, overblown zero under section 458 of the Crimes Act 1958, and that tolerance approach to crime on public transport. Having must be an issue of very substantial concern. set the bar so high, it has failed abysmally in terms of a Common-law powers of the constable essentially have clear demonstration of how these powers will work and a very substantive proscription on the capacity and the how the training will enable the PSOs to perform their right to intervene in circumstances where arrests are allocated functions. required, and that is an issue of concern that must have the community rightly asking the question whether it is Mr FOLEY (Albert Park) — It gives me great appropriate that PSOs be deployed in this way. pleasure to rise to make a contribution on the Police Regulation Amendment (Protective Services Officers) The other issues go to the appropriateness of the Bill 2010. I will begin by indicating that, whilst the training, and we need to recognise that PSOs will be opposition does not oppose the bill, as a number of armed. We must ask whether or not eight weeks of other speakers have said we have a number of concerns training at the Victoria Police academy before PSOs are about how it will deliver on the government’s professed sworn in will be sufficient. During this time PSOs will public policy outcomes. It strikes this side of the house be trained in PSO-specific subjects, which for station that the bill is marked by a number of features, none of work will presumably include station layout and other which necessarily meets the public policy position that topics like defensive tactics and firearms management. the government has outlined.

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No-one seriously disputes the proposition that the drive the government’s media agenda, rather than a government has a mandate to pursue this outcome. It serious public policy outcome. took this specific matter to the people and it won the election fair and square, but you would have thought Others have dealt with the issues of the relative powers that the issue of implementing the policy around public of the PSOs and sworn constables. I will not address safety — dealing with crime and the intricacies of how those in any great detail. I fear, but I hope I am wrong, public safety, crime, policing and a whole range of that in communities right across Victoria there will be other services interface at railway stations, which this many difficult situations particularly late at night. bill deals with — would be more soundly addressed Given the number of people who use public transport in and not marked by an essentially ill-conceived, rushed the metropolitan area late at night — that is, and spin-driven approach by a government that overwhelmingly younger people — to get to the central indicated that none of those features was going to be business district for sports events and a range of other part of how it would operate. social activities, the truth of the matter is that a percentage of members of the Victorian community At its very first hurdle in implementing a key part of have all sorts of vulnerabilities that will put them in what any state government is required to do — deal direct contact with armed PSOs at railway stations. with public safety — the government has been found to That is precisely what the government intends, but we be wanting in some of the fundamentals of what good are concerned about how this issue will be addressed. It public policy is meant to deliver. Whilst it is very easy, is important that appropriate levels of training are of course, to ramp up fear campaigns around crime, available to avoid difficulties around the use of firearms including assaults, which none of us want to see in our in such circumstances so that they do not lead to community, it is very difficult to get a comprehensive tragedy, which I am sure no-one in this house wishes to package that deals with not only issues relating to the see. impact of crime but the causes and solutions relating to criminal activities particularly in and around public I will refer to some of the issues relating to safety on transport. public transport in my own community. I am probably one of the few members in this house whose electoral Sadly, we suspect that this particular bill will not be the district does not have any train stations. We used to only contribution in this area during the life of this have a railway line that ran to Webb Dock, but it was Parliament, because it does not address a number of broken up by a former government in the 1990s. substantive public policy areas that need to be Nearby we have a number of stations on the addressed to deal with the real issues that will arise Sandringham line that the people of Albert Park rely following the introduction of this number of armed on. Already we are seeing the government backtrack protective services officers (PSOs) on after-hours from a number of commitments it has made on the public transport and on train stations in both physical standard of those stations. We have already metropolitan and regional Victoria. I fear that the bill seen a backflip on Windsor station and we are will create some real risks for not only those PSOs but expecting a few more in Balaclava, Elsternwick and also for many commuters and others in the across the electorate border. communities where the government in its public pronouncements is trying to deliver safer communities. This raises in our minds some of the issues related to how the government intends to implement its plans in a Having said that, I know the bill faces a test that the sensible and proper way that deals with the physical government also set itself early in its term — that it will layout of the stations, the services available to PSOs be transparent and accountable and will treat the and the services available to nearby police. I note that Parliament with greater respect. I cannot see how such the minister at the table has been taking a substantial a flimsy, ill-conceived and rushed bill can meet such a number of notes to use in his reply contribution. We goal, based on the contribution we heard from the look forward to hearing how some of these practical minister in the second-reading speech and in briefings arrangements are going to be dealt with. Balaclava that have been provided to the opposition. We know station is close to my electorate and also quite close to that the many holes in this bill will lead to substantial St Kilda police station. Perhaps they are going to government regulations. We have no idea what the real arrange a shuttle for local police to attend to a whole cost is and where the cost is being accounted for. There range of health and safety issues, because Balaclava is a whole range of transparency and accountability station is not up to scratch in terms of being able to issues that essentially suggest to us that this bill is a cope with staff until the last train as promised. piecemeal measure and pretty much a stunt designed to

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The broad range of ways in which PSOs will be such as the Shrine of Remembrance, the courts and this managed, including how they will be deployed in a very Parliament. Their work is valued and it is practical sense, does not seem to have been addressed important, but to thrust PSOs into a position where they adequately. Their hours of work, the restrictions on will need to provide protection to people in the their activities, equipment and amenity issues and the community without adequate training is not acceptable. ignoring of a large area of regional Victoria, along with questions about how police resources will be used in When compared to the training provided to serving recruiting and training such a large number of PSOs, Victoria Police officers over 23 weeks, the 8 weeks that are all legitimate concerns we seek to address as the would be provided for PSOs, who would then be asked substantial issues of public safety and crime in our to patrol train stations and deal with the challenging community. issues in those places, causes me significant concern. I am concerned that they are not going to receive enough I will end by asking government members, when they training and support to be able to do the job outlined by are considering these issues, how they intend to move the government. once public policy attention is turned to the area of responding to crime and making our community safe. I I note that an issue raised when talking to Ivanhoe would like to know how the government proposes to residents is that they are concerned about the respond to the causes of crime, because what the undermining of the police force. The government is substantial public resources that have been put into this increasing the cap on the number of PSOs that can be area of public policy seem to ignore is that there is a employed but is not looking at that in relation to the whole range of motivators that drive criminal activity. extra police that people in the community of Ivanhoe Unless these are addressed, all we continue to do as a are telling me they would like to see on their streets. society and a community is exercise a policing response These are the kinds of key issues that are important to to these issues. In any community, one of the first rules people in the Ivanhoe electorate. of government is that it needs to make its citizens safe, but equally it needs to make sure that its citizens are I have recently been down to the Rosanna train station, dealt with appropriately to avoid crime in the first a place in the middle of my electorate, where the local place. traders talked of their concerns about antisocial behaviour at the station and the precincts surrounding it. Mr CARBINES (Ivanhoe) — It gives me pleasure We have worked with the local traders association to to rise to speak on the Police Regulation Amendment try to give people greater confidence around the issues (Protective Services Officers) Bill 2010. It was they need to deal with. What is not clear in relation to introduced by the government at the behest of the the bill is the areas that are going to be patrolled by opposition, and I believe it was forced by us to do the these PSOs and whether the community can have second-reading speech in December last year. The confidence if issues arise outside of the train station government was not prepared to do it, and perhaps part precinct, whatever that may be. We have a station at of the reason this matter was rushed into the house late Rosanna which has shops built around and on top of it. last year was because we shamed the government into These are the parts of the area that the traders are doing so. It was not at the media-friendly sort of time it concerned about. The traders want to know if the PSOs would have liked to have had it introduced. who are going to be on the train stations will be able to respond to any matters that the traders need dealt with. I note that the focus has not been on the headline of the It creates confusion for people in the local community bill but, rather, on the content. The content has been in Rosanna and the traders association because they kept away from us, just as it was kept away from the have not been provided with clear information from the Scrutiny of Acts and Regulations Committee last year. government through this legislation about whether they It was brought into this place without the opportunity should be relying on the PSOs and expecting them to for the scrutiny that that committee provides. Some deal with those matters or if the PSOs are restricted scrutiny is provided that we all welcome and value, and purely to train station areas. that is important for the quality of the legislation that comes before this house. One of the other concerns that has been raised by people in the Ivanhoe electorate is that in a situation I want to make it clear that no-one is questioning the where there are problems on a train station and PSOs value of the work that protective services officers need to contact police about arrest matters — given that (PSOs) do in our community. They provide an they do not have the same powers of arrest as Victoria important service in their protection of public officials Police, and that is very clear — who are the PSOs and in their securing of places of public importance going to call? In the electorate of Ivanhoe they are not

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Tuesday, 1 March 2011 ASSEMBLY 397 going to be calling police at the West Heidelberg police They want clear advice about who they are to contact station because it has been closed by this government. I when issues arise. We are not talking about a train hope that is a mistake — something that has been station out in the middle of nowhere; this is a train overlooked by the Minister for Police and Emergency station that is part of a community area with local shops Services. I hope it is something Victoria Police and a library across the road. There are a range of issues command has done without reference to the that need to be clearly explained. The government government and it will be addressed by the new needs to enunciate clearly how people are going to be government. It is something that is of great concern to able to access police services when the local police people in the Ivanhoe area, particularly in Rosanna station has been closed. where the traders are, because they are thinking, ‘If there are going to be PSOs on the station, and they have We also know — and this is straight from the Victoria closed the West Heidelberg police station, who are Police website — training for PSOs ‘covers elements of these PSOs going to call about very serious incidents the Victoria Police constables course’. What elements that may occur on the rail system or in the shopping in particular does it cover? That is what I would like to strips in the electorate of Ivanhoe?’ These are the be clear about. Does the training cover antisocial concerns that people have, and these are matters that behaviour or dealing with people who might be drug have not been made clear. If they are meant to call local affected? Are they elements of the course, which is Victoria Police officers, who are they going to call? conducted over 8 weeks as opposed to the challenging They cannot call anyone at the West Heidelberg police 23-week course that Victoria Police conduct? Which station because it has been closed. elements in particular are the PSOs going to be trained in so they can deal with the challenging issues that arise One of the things that the previous government did to on our public transport system from time to time, try to make our transport system safer was investing in particularly given they are going to be armed? I want to the services at those stations and increasing patronage. be confident that the PSOs can meet the commitments That is another way in which you promote community of the role they are being required to do because they safety on public transport. You can only do that by have been given the appropriate level of support and investing in the services and encouraging more people training by the government as outlined in its plans. to use public transport. It has been a way to create a greater level of commitment from people to use local I also draw members’ attention to an issue that was public transport services. Yet only this very week the raised in this Parliament, and that is the 2011 Victorian 549 bus service in my electorate has come under threat Families Statement, which includes pictures of Victoria of closure because of the review of bus services by the Police officers on public transport services. We are government. People are concerned that this undermines talking here about putting extra PSOs on our train those who want to use public transport and who get to stations, yet we run photos of Victoria Police. If there is the train stations using the buses that we are now to be community confidence in this legislation, we need looking at closing. All this does is undermine public to make sure that the community is clear about what confidence in the safety of our public transport system, sort of obligations are going to be placed on PSOs so because the investment and growth in patronage we can make sure that we have Victoria Police ready numbers by the previous Labor government that needs and available to respond to community concerns in our to be sustained and supported is lacking. electorates, whether that be on train stations or in local shops. I note that we have not been able to get clear advice on this bill from the government, but I will quote from the These are the sorts of issues people have raised with me Victoria Police website, which you can go to. Residents locally. People in the Ivanhoe electorate cannot get in the Ivanhoe electorate are asking me what these local police services at the moment because the police PSOs will do and how they are different. People are station has been closed, so I do not know who the PSOs suspicious about why we cannot just have Victoria are going to call in the Ivanhoe electorate. I hope that Police officers, whom we are meant to be dealing with. matter will be addressed by this government. The Victoria Police website says: Sitting suspended 12.23 a.m. until 12.47 a.m. Protective services officers are not empowered with the same powers of arrest as police. Ms GRALEY (Narre Warren South) — It is a pleasure to be speaking on the morning of Wednesday, What does that mean they are meant to do? In my 2 March, on the Police Regulation Amendment electorate in particular concerns have already been (Protective Services Officers) Bill 2010. The bill has raised by members of the local traders association. had a lot of scrutiny because that is exactly what the

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398 ASSEMBLY Tuesday, 1 March 2011 opposition thinks this bill deserves. It is apparent from of money into this, and it will be interesting to see looking at the bill that it was somewhat hastily put exactly what happens. However, when I speak to together in an attempt to make it look like this new people in my electorate, what they say to me government was doing something, or trying to do overwhelmingly is that they want a public transport something. We know from the appearance of the system that has good quality train stations. There are Liberal-Nationals coalition in the chamber, and from five train stations in my electorate, and I am very what it is putting out in newspapers, that it is scratching pleased that two of them are premium stations. It around trying to find something that would have the should be noted that it was the previous government unique stamp of a new government. that put in extra money for the extension of car parking facilities, including cameras, secure places for people to It is disappointing that this bill has come to the house lock their bikes and so on. without having the opportunity to — — I know from personal experience and from speaking to Honourable members interjecting. the thousands of people who I have met at the railway station, especially around election time, that they are The ACTING SPEAKER (Dr Sykes) — Order! I very keen on having other train stations in the electorate ask members to keep the volume of conversation down upgraded. It is very disappointing that one of the first low so that we may listen to the member from Narre actions of this new government has been to stop the Warren South. upgrading of train stations, including one in my Ms GRALEY — Thank you, Acting Speaker. I electorate, Hallam, which nearly a thousand people go hope and expect that there will be further bills on this through every morning. The previous government put topic and that, as is the case with all legislation that in an extra 200 car parking spaces at that station, and comes before the Parliament, members will have the people are using those car parking spaces to be able to benefit of the bill being scrutinised under the processes drive and catch the train because they want to get to of the Scrutiny of Acts and Regulations Committee. work in an efficient and safe way.

I am an avid user of public transport. I use it all the It is really disappointing that one of the first actions of time, day and night, and so do my children — I this government has been to say to the people of encourage them to use it. We are an environmentally Hallam and Hampton Park, ‘No, you are not going to aware family. We try to stay off the roads as much as get your train station upgraded. You are not going to possible and get on trains, trams and buses like other get toilets. You are not going to have staff at the train people do. It is a credit to members on this side of the station from daylight to night-time’. Commuters will chamber that so many other people in Victoria have felt not have closed-circuit television installed in the car encouraged to use public transport for all sorts of park. The previous government did a lot in the area of different reasons, but mainly because not only is it an public transport — even the members opposite would efficient and environmentally good way of getting have to acknowledge that. It is very disappointing that about but also, like me and my family, most people find Hallam residents will not get an upgrade of their train that public transport in Victoria and in Melbourne is station, a station which they patronise very well and safe. Despite all the bashing of the then opposition would like to see upgraded so that it is an even better during the election campaign, all the fear and loathing and safer place at which to catch their trains. that it put out about what happens on public transport, I know that many other speakers have spoken about the our public transport is the envy of most countries. concerns we have about the lack of training, as one can Just this week Melbourne has been credited again with only call it, that will be made available to the young being the second most livable city in the world. That is men and women who put their hands up to take on because it is not only an interesting, cosmopolitan and these new roles as PSOs. I know the contrast has been welcoming place to be but also a safe place to be. The made with police officers. I have a nephew who wants fact that under the Bracks and Brumby Labor to join the police force, and he is really looking forward governments crime was reduced made sure that people to having 23 weeks of intensive and extensive training, were happy to get on our public transport system in which will equip him to go out and do a job. His droves, and that is a good thing for lots of other reasons. parents are happy for him to put his hand up and join the Victorian police force — it is a very good police I know that the government believes protective services force — but they have concerns about their young son officers (PSOs) are a great idea that is going to improve going off into this role. One of the things we can safety on public transport exponentially. The reassure them with is that he will get the best training government has put a lot of energy and is putting a lot possible and will be given every guidance, every skill

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Tuesday, 1 March 2011 ASSEMBLY 399 and every resource to make sure that he can do the job government’s proposed legislation, because they will be as capably as he possibly can and as he wants, to serve wandering around on deserted stations without any and protect the people of Victoria. proper facilities or amenities.

It is of great concern that so many of these young We have already heard from many speakers, and I people who put up their hands to be PSOs will have would like to repeat something they have said because only eight weeks training. I think that is simply not it is very important. We do not want situations to arise good enough. It is not sufficient training to have such where PSOs, who have a small amount of training responsibility and to use a firearm, and it is especially when compared to police officers, are required to deal not sufficient to deal with people who may be drug with situations of conflict that may involve people who affected or abusers of other substances. Many of us are affected by drugs, alcohol or mental illness, or by have family members who have a mental illness and intellectual disability or other conditions that create could be in a confrontational situation with an conflict situations, whereas trained people are required underskilled PSO. I think great numbers of families to deal with that conflict in order to avert any serious who have members with mental illness would be very consequences, injuries or death. concerned about PSOs not being trained to cope with their specific needs. We have a court system that is set The potential to escalate conflict could also lead to up to deal with this, but we will have untrained people threats and harm to bystanders and the members of the on our railway stations who may not have the ingenuity general public as the conflict escalates. Placing armed or skills, and certainly not the support, to deal with PSOs at railway stations could cause problems for the people who are very upset and who often need some people the legislation is designed to protect. assistance. The government made a lot of election promises, and it I would like to extract a guarantee from the minister has to deliver on those promises. It seems this that innocent people will not be killed by PSOs carrying legislation is a case of trying to provide an election arms and that they will not be harmed and that people promise on the cheap. I believe the Victorian public with mental illnesses will be dealt with in a humane and deserves public safety that is not delivered on the cheap respectful manner. but which may cost more money than the government is prepared to pay. As I said, I have real confidence in travelling on the train. My family also has that confidence, and I hope In addition we should also be looking at the obligations the people in my electorate, who would really the government has to prevent crime and violence and appreciate the upgrade of the Hallam station going to provide opportunities and prosperity for future ahead, will continue to travel safely on the train. generations, which the government has not done. You cannot do that by massively slashing public education Ms HALFPENNY — I would like to think that funding that then denies our children opportunities and everybody here believes Victorians all have the right to prosperity in the future. travel on public transport in safety. I am also sure that the protective services officers (PSOs) performing their The problem I would like to alert the government to is roles currently do that very well. However, I rise to the safety of members of the public as well as of PSOs. speak on the government’s Police Regulation People will be put at risk because people who are not Amendment (Protective Services Officers) Bill 2010 properly trained may have to deal with conflict and to express concerns about it. Those concerns are situations that may escalate and may also create about the health and safety of both the PSOs who problems for members of the public whom the PSOs would be employed to protect people on stations and are supposed to be protecting. The government needs to the people travelling on public transport. look at ways to prevent crime and violence throughout our society. That cannot be done by slashing education It is a well-known fact that a major contributing factor funding and reducing opportunities for our children. to accidents and injuries is a lack of training, or The Victorian community deserves public safety inappropriate training. We have the situation where the measures that are not delivered on the cheap — which government’s legislation proposes to employ PSOs is what this government seems to be trying to do by who have had a small amount of training in comparison attempting to put through this legislation. to police officers but who will still be carrying guns and performing the work that police officers do on our In conclusion, if it is shown — as members of the stations. As I said, the PSOs will be armed. There will opposition believe it will be — that this legislation is be further health and safety risks for PSOs under the lacking and will cause more problems than it will solve,

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400 ASSEMBLY Tuesday, 1 March 2011 we hope members of the government are big enough to started driving, and I think it is safer for them to be on a come back here and put up other options, including train than behind the wheel at the moment. As a those suggestions that are being put to them by the concerned mum I am pleased to see them using public opposition. transport instead of driving.

Ms KNIGHT (Ballarat West) — I rise to join the The commuters of Ballarat would not only look debate on the Police Regulation Amendment forward to having increased train services, they would (Protective Services Officers) Bill 2010. I would like to also welcome a regional rail link, which would make start by talking about how — — their journey even better, taking at least 15 minutes off the trip, I would imagine. Honourable members interjecting. As a regular user of train services I have to say that I The ACTING SPEAKER (Dr Sykes) — Order! have never felt fearful about using trains. Just last week The member, without assistance. I caught the last train home to Ballarat and did not feel fearful at all. I think it is a great thing for people to use Honourable members interjecting. those services. However, whilst we are not opposing The ACTING SPEAKER (Dr Sykes) — Order! this bill, when it comes to protective services officers I The Manager of Opposition Business. do have some real concerns. Some of these are at the forefront of my mind. Ms KNIGHT — It is all right; I have very noisy, unruly children at home. We currently have protective services officers who protect us here at the Parliament. We also have The ACTING SPEAKER (Dr Sykes) — Order! protective services officers who protect the Shrine of They are very noisy, but continue. Remembrance and the courts. They all do a terrific job. I would like to congratulate them for the work they do. Ms KNIGHT — I am a great user of public However, this is a whole new ball game. It is a whole transport. I have always used public transport, as have new environment for protective services officers to go other members of my family. Many Ballarat workers into. We need to be mindful of that. It is important to and students have been grateful for the improvement in look at the training that will be provided. Protective public transport services that have occurred in Ballarat services officers will be provided with eight weeks of over the last 11 years, and they are very happy to see training, and I question whether that is adequate for the the increased number of trains that have flowed into role we expect them to undertake. Ballarat and back into Melbourne. I would like to talk about the areas of mental illness and Many workers and students now have choices about disability in particular. With all the other training that where they live. They no longer have to make a will be provided over those eight weeks, particularly in decision between staying in Ballarat and living in their regard to carrying firearms, I wonder what level of homes or moving away. detail will be provided to the protective services officers with respect to dealing with users of trains and Honourable members interjecting. public transport late at night. The behaviour of people who have a mental illness or disability could be The ACTING SPEAKER (Dr Sykes) — Order! misinterpreted by the protective services officers, and a Can we please extend to the member for Ballarat West misinterpretation of that behaviour could lead to an the courtesy of listening to her. escalation of it. Ms KNIGHT — It is great to see that my use of the When my son is feeling a great deal of anxiety, if he is trains in Ballarat is reflected in my electorate in out of his comfort zone or if people are getting too close increased numbers of commuters. It is great for our to him, that anxiety will often manifest as what seems community and, as I said earlier, it is also great that our to be aggression — it is often misinterpreted by people children can now choose to stay in Ballarat or regional around us. In fact it is often misinterpreted by disability areas with strengthened services, and I hope that support workers, some of whom have had over situation does not change. 12 months training on the job as well as many years of Record numbers of people are using trains, not only in experience. I would be concerned that with a lack of Ballarat but also in regional areas. I think that is a training in that area for protective services officers, terrific thing. My children and I use trains; I encourage given all the other areas they would have to focus on in my children to use public transport. They have just their short period of training, they could actually cause

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Tuesday, 1 March 2011 ASSEMBLY 401 some discomfort to the very people they are there to West justifiably have. The commuters of Ballarat West protect. Obviously that is of great concern to me. Police would be concerned about the welfare of protective officers have 23 weeks of training, which probably services officers (PSOs). They would like to know what gives them a lot more time to consider some of the the government’s expectations of those officers are so impacts they may have on people in the community; that PSOs are not mistaken for police officers and so protective services officers, with the 8 weeks of training that commuters from my electorate do not have they receive, will perhaps not be afforded the level of expectations of those officers that they cannot possibly training they require. fulfil.

I also have some concerns about the working conditions Ms EDWARDS (Bendigo West) — I rise to join the of protective services officers, particularly the ones who debate this evening on the Police Regulation will be working between 6.00 p.m. and the departure of Amendment (Protective Services Officers) Bill 2010. the last train. I wonder what sort of support would be The bill is obviously designed to pave the way for the provided to those officers. With police, the debriefing is government’s pre-election commitment to introduce very clear — there is quite a high level of debriefing protective services officers (PSOs) after dark at our and a high requirement for debriefing as well. Will that railway stations. I think this will be done so the be the same for the protective services officers? government can stamp ‘policy implemented’ on a press release, as it has done on its recent press releases. What about witnessing trauma? When somebody witnesses a trauma, they can take that trauma on; there The bill will not be opposed by the opposition. is a secondary trauma that can occur within someone However, as a new member of this house and who witnesses a very traumatic event. Parliament, I expected the coalition government to provide the Parliament and Victorians with a There is a very clear requirement that police officers significantly greater level of detail and substance than and their families have debriefings with registered has been issued to date in terms of this bill. I have to psychologists and have immediate support with highly say the bill, which was only given to me today and trained people following such events. As someone who which is only two pages long, looks like a grade 6 managed Lifeline before coming into this place, I know child’s story plan. This bill is lacking in substance. It is very well the impacts there can be on workers who lacking in detail. It has no information. witness trauma or who are a part of a traumatic event. They can carry those issues with them for a very long We know the Chief Commissioner of Police will decide time. We have to be careful about how we provide peer where PSOs are going to be deployed, but this raises support and peer supervision to protective services questions in my electorate because during the election officers who we are asking to go and do what could be campaign the Liberal candidate for Bendigo West in effect a dangerous job. It is important to announced PSOs would be delivered to Bendigo, acknowledge that being a protective services officer is a Kangaroo Flat and Eaglehawk. She also called us very very dangerous job because they are allowed to carry dumb. I have to say it is interesting to put PSOs at the guns. It must also be acknowledged that those officers Kangaroo Flat station. It is fairly significant, but trains potentially will have to deal with some difficult and do not stop there as regularly as they do at Bendigo. As traumatic situations. for Eaglehawk, there is only one train that stops there during the week — at 8.38 p.m. once a week. It is The opposition requires a whole lot more clarity about probably there for about 3 minutes, and then it moves what training is involved — that is, what sort of on to Swan Hill. I have worked in the electorate of training will there be for protective services officers and Bendigo West for over 11 years, and I have never had what sort of training will be omitted? What would be anyone come into the electorate office and complain deemed as being correct and what would be deemed as about dangerous activity at any of the train stations in being frivolous? From where I stand, it looks as if the electorate. protective services officers are going to be asked to do similar work to police officers but will not have the If the government is planning to put PSOs at every same powers. station in Bendigo West, why has Castlemaine been ignored? Castlemaine is a very significant stop on the In regard to this bill there are a whole lot of questions line from Bendigo to Melbourne. It is a very well-used that need to be answered. There are more questions and well-patronised station. The car park is always full. than answers in this bill. It is the responsibility of Castlemaine residents need more carriages and they government to answer the very real questions and need more services more often, which is what Labor concerns that commuters in my electorate of Ballarat delivered during its term in government.

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This brings me to the decision by the Liberal-Nationals have eight weeks of training and to be carrying a government to back down on the regional rail link. It weapon is a disgrace. confirmed just last month that it would go ahead, but it has now been revealed that the transport minister is on I look forward to the bill being implemented eventually. the brink of scrapping the $4.3 billion project. The As I said, we do not oppose PSOs; we oppose how they regional rail link is absolutely vital to commuters in might be paid for. Will this mean the scrapping of the Bendigo, Castlemaine and beyond. It will bring regional rail link? additional improved services to regional and rural areas. If the Liberal-Nationals coalition government is serious Ms HENNESSY (Altona) — It is quite a pleasure at about its commitment to regional Victoria, then it will this early hour of the morning to rise and speak on the implement the regional rail link. Police Regulation Amendment (Protective Services Officers) Bill 2010. Despite the silliness that is However, given the history of the coalition parties and enveloping the chamber at this time of the night, we their opposition to Labor’s regional rail upgrades over will try to focus and keep moving on. It is important to the last 10 years when we were in government, there is note and understand that the opposition does not oppose considerable doubt that they have any commitment to this bill for a number of very good reasons. But one of this project. They were probably never committed to it. the roles that the opposition has — and it is a role that it The people of Bendigo and Castlemaine are not dumb, takes seriously — is to question and critique, and to as was proclaimed by the Liberal representative in ensure that the government is held to account. It is also Bendigo West. They can see that abandoning this to ensure that the government does not use its majority project is a slap in the face to all the residents of the in this house to ramrod legislation through the chamber communities affected. By undermining this project the without having some of the really important and Liberal-Nationals government is punishing Bendigo legitimate questions asked. and Castlemaine commuters with longer delays and more overcrowding. It would seem that the coalition When we take a bill such as this and hold it up, government wants to scrap this vital project to fund its consider and reflect upon it, one of the great dilemmas uncosted election promises in the suburbs of we face — and it is a dilemma that I want to put to rest Melbourne. to ensure we address with great clarity — is that in doing so we do not reflect any form of disrespect on To return to the PSOs, it was the Labor government that protective services officers. I want to place on the reopened the Kangaroo Flat railway station. It was the record my deep and abiding respect for the work they previous Liberal government that closed it. We have do, not only in the parliamentary precinct but also more services than ever before. Given that the within court precincts. I want to express my respect for Liberal-Nationals government wanted to put protective protective services officers (PSOs) who, when I was in services officers at stations in Bendigo, Kangaroo Flat a different walks of life, have protected court precincts. and Eaglehawk and given that we now know this As a solicitor I was deeply grateful for the protection decision is one that will be made by the Chief they provided not just to lawyers — not necessarily a Commissioner of Police, does this mean the coalition is profession that is all that popular to protect — but also backing down on its promise or is it just that it was in dealing with some of the incredibly difficult and stretching the truth a little during the election challenging behaviours that are exhibited around court campaign? We are also wondering where the money precincts as well. will come from to pay for the new PSOs. Is it coming out of the transport budget or is it coming out of the Any assertion that is put by the government that the police budget? It is not clear whether the money will opposition does not respect protective services officers come from either of those budgets, but it is clear that it is not true. We acknowledge that the government has a may come from increased fares on the trains. mandate to implement this legislation and, particularly at this time of night, we understand, as that great Before moving on I think it is worth noting that in Australian philosopher Jimmy Barnes says, that there is January 2011 the chief commissioner indicated on the no second prize and that those opposite are the radio that the police force was still doing an enormous government. But we are the opposition, and so we have amount of work on thinking about how this PSO plan some legitimate and important questions to ask about would work. What these comments suggest to me is this bill. that the Victorian police are not ready for the introduction of PSOs on our stations — probably with Honourable members interjecting. good reason. Eight weeks of training is too little. To

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Ms HENNESSY — We will now turn to the bill. I deserved and required services and assistance have not thank those on the government benches for their verbal been provided. lubrication. However, when we talk about putting protective services officers in the incredibly challenging One of the other issues it is important to reflect upon environment of being on a railway station from goes to the equipment and amenity issues. It has been 6.00 p.m. until the last train, it is important to reflect canvassed quite widely during this debate that upon the level of training that we are going to provide protective services officers will be armed. Quite simply, them. It is not in respect of just their capability for and after the last train has gone where will PSOs be storing safety in doing that job but also the fact that PSOs will their firearms? How will they be commuting from the become an important part of the public sector station they have been stationed at, and who will have workforce. They deserve better than to be just put out the regulatory responsibility for the firearms and where on railway stations, many of which will not have toilets, they ought be stored? many of which will not have tea and coffee facilities and many of which will not necessarily have the Finally, I would like to share some reflections on protection they will need to work in inclement weather community safety generally. Whilst the placement of conditions. protective services officers on train stations may enhance people’s experience of safety on stations, my We also need to reflect upon the sort of career structure concern is that this will be used by the government as we are providing for protective services officers in an excuse not to deal with community safety in a terms of the entire Victorian public sector. We cannot holistic sense. Community safety is enhanced and just say, ‘We are going to pick up this cog and pop it improved by a whole range of mechanisms, not just by over here, and everything is going to be hunky-dory’. having protective services officers on a train station; We want to ensure that there is a well-thought-through although I am sure they will do the very best job with workforce strategy for protective services officers and the training and resources they have. that the government has thought through the occupational health and safety issues for protective This concern also goes to factors such as how people services officers. We think PSOs deserve a feel when what could have become premium well-thought-through career strategy and ought not be stations — and there is one in my electorate — will no set up to fail. longer be upgraded to premium stations, which would have had toilets and customer service from first train till This comes to one of our other queries with the bill, last. It goes to how this government will invest, or not which goes to the jurisdictional issues. What happens, invest, in lighting in car parks. It goes to the for example, when a protective services officer seeks to connectivity between buses and train stations in the address a person who may be behaving in an unruly public transport system. There are a whole range of fashion, and that person comes off the railway station other issues that come under the rubric of community and jumps onto the adjoining land? We would then be safety. To simply say that we will put protective talking about VicTrack land, and who will have the services officers on stations and that all the problems jurisdiction there? Will it be a Victoria Police officer or will be fixed is incorrect. We know they will not be. the protective services officer? Then we may move into However, we do not oppose the bill. We respect the the car park. Who will have jurisdiction there? Again, role and capability of protective services officers, but will it be the protective services officer or the police we do not want this government to set them up to fail. officer? Mr HOWARD (Ballarat East) — Although we are This bill assumes that when a protective services officer into the early hours of the morning, I am keen to speak calls on the needs and requirements and resources of on the Police Regulation Amendment (Protective local police a seamless service will be in place. The bill Services Officers) Bill 2010. As we have heard, I could does not take into consideration that life is chaotic and read the detail of the bill several times over in the time that people may not know what the requirements of the provided to me, because it is a very brief piece of local police in any particular police service area will be legislation. It is merely enabling legislation to recognise on a particular night. We do not want to put protective that more protective services officers (PSOs) need to be services officers in a situation where they do not employed. It does not outline the role of those necessarily have the capability to deal with issues, or do protective services officers or where they will be not receive support from the local police services, with placed, other than stating that they will be placed at local commuters as a result feeling grumpy and certain places where the general public will be. disappointed that because of resourcing issues,

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The bill does not give us much detail. It is simply We have seen fantastic investment in the rail services something like the ‘vibe of the constitution’, as that that I am able to use, whether it be the Ballarat line great movie The Castle put it. It is an attempt to show from Ballarat to Melbourne or the Bendigo line from that the government is delivering on something when it Malmsbury or Kyneton to Melbourne. As part of the is really only saying that it wants to get this bit about regional fast rail project we invested in upgrading the protective services officers under way. It could not line, signalling and rolling stock so that we could have think of anything else to deliver as a bill when the the fantastic V/Locity trains on the rails. Under this Parliament met last December, so it came up with a bill system many more services have been introduced that in four very brief parts to at least make it look as though travel far more quickly and reliably into the newly something was happening. upgraded Southern Cross station or North Melbourne station. We do not really know what the powers and responsibilities of the PSOs will be. We understand There was great investment in public transport under only that they will be at stations and in the environs of the Bracks and Brumby Labor governments, which has stations. It seems that they will be at only some meant that on most occasions people like me find it far stations — that is, metro stations and major regional more convenient to travel down from Ballarat to stations — so it looks like in my electorate Ballarat will Melbourne by train, especially if they do not need to get some of the PSOs, but Ballan, Kyneton and stay over. You can be in Melbourne far more quickly Malmsbury stations will miss out. It shows that this on the train than you can by driving and without the government is not serious about delivering across all of need to find somewhere to park. You can arrive more the state but rather only in some parts of the state. relaxed and ready for meetings if you use the train. We When it comes to the regions the major centres might have seen so many people like me using the trains to get some PSOs, but the smaller stations are not as travel on the Ballarat and Bendigo rail lines and on the important as other areas. We still do not have that other regional fast rail lines. Patronage has increased detail, but that is the way it seems to be. significantly because of the great investment in our rail services by the Labor government. Protective services officers are clearly not police officers; they are eight-week-trained staff. We have By contrast we know the Liberal Party and The used PSOs in the precinct of the Parliament and a few Nationals have never been particularly committed to other places like the Shrine of Remembrance — places rail travel, especially to country rail services. They are where there is a limited requirement upon them. far more comfortable about closing the lines — — Stations are far more complex areas, with a lot of people interacting in and around them. During their Mr Watt — On a point of order, Acting Speaker, on eight weeks of training PSOs will not be able to acquire the issue of relevance, the member has clearly strayed the skills that police have. The public would welcome from the topic of PSOs. more police in a range of places, including train stations, but we do not see how PSOs will benefit The ACTING SPEAKER (Dr Sykes) — Order! people as compared to fully trained police. We have had a wide-ranging debate, but I ask the member to stick to the bill, even though it is a brief one. I want to talk about regional rail. My colleague the member for Ballarat West has said she is a keen public Mr HOWARD — I do not know where the member transport user. I have become a keen public transport has been for most of my contribution, because I have user in the last 11 years, since I became a member of outlined clearly the issue of the PSOs. When you are this house. Before that time it was not a great pleasure talking about PSOs, who are supposed to be helping the for me and many others to travel from Ballarat to rail system, then it seems quite appropriate to talk about Melbourne; we did so as we needed to. Especially in the rail system. Unashamedly I want to talk about the the years just before I became a member, the former broad issue of public rail transport because it is very Liberal-Nationals government presided over a lack of important that we have a great public rail system. investment in regional rail services. That lack of I believe the intent of the bill is to pretend to the people investment saw rail lines in Gippsland and to Ararat — of Victoria that the new government is trying to do as I am sure the member for Ripon will remind us something to improve the public rail system by putting later — and a large number of other passenger rail lines some eight-week-trained protective services officers on closed. We reopened them when we were in stations. But they are not going to be on the trains; they government, and it is great to see people able to travel will be on the stations and in the station environs. We by train from Ararat, from Maryborough and from so are not quite sure what they will do or how they will many other places to Melbourne.

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Tuesday, 1 March 2011 ASSEMBLY 405 operate on those stations, so before we see the PSOs the Victorian community, and we failed them miserably operating we will see legislation coming before the in relation to those bashings. Parliament which hopefully will have a little more detail in it. Now we are addressing that. We are talking about a very important aspect of Victorian life, and this is Let me finish by saying that we are not opposed to the multicultural Victoria. I hope the minister at the table bill, because there is nothing in it that you could takes this angle very seriously. As I see it, what is going oppose. It says, ‘Let’s pretend we’re doing something to happen is that we are going to have more than to improve our public transport system. Let’s not 900 protective services officers (PSOs) coming on commit any dollars or anything just yet. We know board. Other than just for the sake of having done we’re going to have to pull a bit of money away from something, which other members have alluded to, how stations. We know we’re going to have to pull money are we going to make the most of that, and how are we out of other areas, but let’s make it seem as though going to make it work effectively? we’re doing something. Let’s enable us to have some protective services officers, and then maybe the people I believe the minister would be sensitive enough to of Victoria will think we’re doing something as a ensure that the composition of the more than 900 PSOs government’. We could not oppose the bill, but what clearly reflects the composition of the population in this we really need to know is a whole lot more about what multicultural state of Victoria. Unless this is done, a the government is going to do when it employs the large section of our community is going to say the PSOs and how they will make our public transport government is not serious about what it says. I am not system better. even going to go down the track of saying that the training period is going to be very short when compared Is the government going to continue to invest in quality with that of a professional police officer with more than and in the regional rail link that will not just be 26 weeks training. Even in the case of police officers important to regional rail travellers travelling into with 26 weeks full training we still have a lot of cultural Melbourne from the Ballarat, Bendigo and Geelong interaction problems. lines, but which will also free up a lot of lines for the metro users in those areas too? Is the government going This house knows very well about the many reports that to commit to proper quality public rail transport in the came out about the south-eastern region. Sudanese regions, or is it just going to pretend that by having a youth feel completely alienated from the community few eight-week-trained PSOs it is doing a whole lot? and have blamed the police force for targeting them deliberately. They believe the police regard them as not I want to see this government continue to provide the being part of the community and give them a hard time. grunt in the services that was provided under the Bracks Unless we take all that into consideration in the training and Brumby governments to ensure that we had good of PSOs — and again I question the suggested public transport. This bill is only a pretence at a start. eight-week period — how are we going to inculcate in The people of my electorate want to see so much more. them the need to take account of the diverse cultures of the young people coming to be part of our community? Mr LIM (Clayton) — I need to point out from the outset that we are debating this bill without the benefit I have been through all this before with the Indochinese of the oversight of the Scrutiny of Acts and Regulations youth. I was very much part of the settlement of that Committee, which normally produces an Alert Digest community. We have heard about those times in the for members of the chamber so they can become more 1970s and 1980s during the early settlement period and familiar with what the bill is all about. Without that the unaccompanied, so-called detached youths, who benefit I am a bit constrained in what I am trying to say, strayed into gambling and drugs. It took a long time for apart from what has been repeated time and again our police force and community leaders to work tonight, and I am trying to avoid that track and to make together and come to a solution of the problem. I am a reasonable contribution. bringing up these points to stress to the minister at the table that this is a very important issue that should not From my perspective I believe this bill is very be taken lightly. In practical terms, in any consideration important in the sense that we are at least providing of the introduction of law one has to take into account safety and security for people using trains. Debate on the acculturation of the PSOs. the bill so far seems to have avoided why the bill has been introduced into the Parliament. That is about the I tried to imagine on the platform of Clayton station, bashing of many Indian students who came here from which I use a lot, somebody suddenly coming in with India. Their families and their country entrusted them to all their gun gear and only eight weeks training,

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406 ASSEMBLY Tuesday, 1 March 2011 because I have seen what happened with a young the Minister for Multicultural Affairs and Citizenship Chinese chap who ran away from ticket inspectors — will also have a role to play in this very significant bill. not even police officers — because he could not The opposition is not opposing this bill. understand them. He ran for his life, and they caught him and bashed him up simply because of a Mr TREZISE (Geelong) — I am pleased to be misunderstanding. This is just unacceptable. It should speaking on this bill before us this morning, the Police not be part of Victorian life. We have come a long way. Regulation Amendment (Protective Services Officers) We are the leaders. Other states are looking up to and Bill 2010, because as a number of members in this wanting to learn from us. house are well aware, nearly 10 000 commuters leave the fair city of Geelong and travel to Melbourne and Hopefully this aspect would be incorporated very back on a daily basis. Any bill about rail that we discuss clearly into the PSOs’ training. I agree with many and debate in this place is important to my electorate of members on this side of the house that eight weeks is a Geelong. very short time. The government might need to reconsider the length of training, which would mean it Mr Katos interjected. would involve a lot of reallocation of internal resources such as finance and all that so that the work of the PSO Mr TREZISE — Even the member for South is real work that is translated into actual benefits for all Barwon would realise the importance of the train link to concerned. Geelong. When we are talking here about these security officers the member for South Barwon could also Having said that, I still believe many of the points that honestly say he has never had anyone contact his office other members have raised are very pertinent to the fact about safety concerns on the trains between Geelong that this bill is in many ways rushing through this and Melbourne. Parliament without much consideration in terms of PSO training, and it is not covering everyone, everywhere; I have been a member of this house since 1999 — for regional Victoria is going to be short-changed in many 11 years — and I travelled on that train service as a ways. We do not know how the PSOs are going to deal daily commuter for almost 10 years back through the in practical terms on the spot. Where is their boundary 1990s, and I never had a person contact me with responsibility? Is it all the way to the car park? concerns about their safety on our trains between Members of Parliament who have many stations in Geelong and Melbourne. I have had numerous people their electorates all recall how we have been treated by contact me with regard to reliability, overcrowding and station staff during election campaigns in terms of concerns about parking, but I have never had a where and how we were to stand, and that demarcation commuter raise a concern about their safety while is going to cause a problem. travelling on our trains.

I have not even mentioned yet how PSOs are going to You really have to look at the priorities of the new be supported. We have heard all night in this debate Baillieu government, because employing something about how many stations have no facilities which are like 940 new PSOs (protective services officers) will conducive to the comfortable undertaking of cost millions if not tens of millions of dollars over the responsibility by these officers. It is pretty insulting for coming years. You need to look at that priority when a professional to be working under conditions where you consider the real concerns of commuters. I admit they do not have toilets or facilities and might have to there are real concerns that commuters have, including, stand there getting very tired and succumbing to the as I said, concerns about reliability and overcrowding. pressure of the environment and reacting negatively in In relation to reliability, the previous Bracks and an emergency. There is a whole range of emergency Brumby governments introduced the initiative of the situations and the bill has not covered properly or link through the Tarneit line into Sunshine and then on clearly how these officers are going to conduct to Southern Cross station. That was addressing the themselves in relation to first aid, for example. If an reliability issue for those commuters from my electorate inspector is trying to chase someone about a ticket, how of Geelong. It was a good initiative. But so far as my will the PSO react? Are they going to intervene? What electorate is concerned, at the present time — and I see is their role? The questions go on and on. that the responsible minister, the Minister for Public Again, I come back to my first point that the Transport, is in the house at the present time — that has acculturation of the officer is the most important aspect, been put on the backburner while the government starts and that must be taken into consideration in this bill. I to do a review of that important link. What we should do not see it having been covered by anybody. I hope be doing is getting on with building that rail link into

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Tuesday, 1 March 2011 ASSEMBLY 407 the Southern Cross station so that we can address the As I said before, this is an important bill. I think the important issue of reliability. government should be focusing on other priorities, but I am happy to support the bill. Of course, as I said before, you have the other issue of overcrowding. Since 2005–06 there has been an Mr HELPER (Ripon) — It does not give me a great increase in patronage of nearly 90 per cent on the deal of joy to support the Police Regulation Geelong–Melbourne rail line. There is an issue of Amendment (Protective Services Officers) Bill 2010 overcrowding on the trains, and it is not good enough because it is such a relatively lacklustre piece of that that situation is continuing. But again the former legislation that it will clearly require further legislation Brumby government was at least doing something down the track to implement it, to codify the role of about committing to reducing that overcrowding by protective services officers (PSOs) and so on. bringing a new carriage or a new train service onto our line on a monthly basis. You would imagine that after a significant number of weeks in power the government would have its act However, what we see coming out of the Baillieu together in introducing legislation to fulfil this government, headed up by the member for Polwarth, commitment. This side of the house supports the who is the Minister for Public Transport, is that those legislation because the government was elected on a carriages are now being put on hold as well. We are platform of introducing PSOs to railway stations and seeing no new initiatives from this Baillieu government therefore has a mandate to do that. This does not detract for reducing overcrowding or improving reliability. from the fact that this is a sloppy bit of legislation that What we are seeing is millions of dollars being spent on has not been completely assembled and raises a number security officers. There may be concerns on of issues, some of which preceding speakers have metropolitan lines, but from the perspective of my touched upon. electorate and that of the member for South Barwon and the member for Polwarth, there is not an issue in I will concentrate on what this bill does not do and what relation to our safety. it shows us about the new coalition government so early in the piece. If I remember correctly, the last time there I recall that four or five years ago the Geelong was a Nationals-Liberal coalition government it was a Advertiser did report on a violent situation at the couple of years before members of The Nationals rolled Geelong train station, but that was a situation of over and basically said, ‘Scratch our bellies, stick us in domestic violence that had spilt over from the courts white cars and we will be happy. It does not matter nearby. How would a security officer who was new on what you do to regional Victoria’. On this occasion we the job, armed with a firearm and having had only eight did not even need to wait for the election for that to weeks training, deal with, for example, a domestic occur. The Nationals’ policy document raves about the violence situation on our station that had spilled over policy that is the subject of this legislation — the from the courts in Geelong? There are genuine introduction of PSOs predominantly to the metropolitan concerns with regard to the training for the PSOs, who railway system. will in fact get eight weeks training and then be expected to go out with a firearm and protect people on There are some 212-odd metropolitan railway our rail services. stations — depending on how you define them — all of which will be covered by protective services officers. Of course other violent or volatile situations could arise. There are some 85 regional railway stations, 11 — I am Other members with far more experience than I have counting roughly; it may be 12 or 10 — or 13 per cent had have talked about passengers with mental illnesses. of which will be covered by protective services officers. You also get volatile crowds leaving sporting arenas — — I recollect that the member for Rodney was quite vocal during an earlier contribution by one of my opposition Mr Watt interjected. colleagues. You wonder why the member for Rodney has not slunk away in embarrassment, given that the Mr TREZISE — It is 1.55 a.m., so just settle down. three railway stations in his electorate will not be covered at all, and why the new member for Gippsland This is an important bill. I am happy to support it, East is not somewhat embarrassed that the railway because at least it has focused the new government’s stations in his electorate will not be covered by PSOs at attention on improving public transport, whereas in the all. 1990s the former coalition government did nothing but wreak havoc on the public transport system.

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I am extraordinarily disappointed that the government parliamentary draftspeople occupied for terribly long. If has chosen not to extend the same coverage of PSOs to you condensed the text down, it would cover one the commuters of the electorate of Ripon as it has to the foolscap piece of paper. The debate tonight is a very commuters of the metropolitan region. The coalition thorough one, given the length of the legislation or the has a track record on train lines in the electorate of lack thereof. It is disappointing that at this stage we Ripon: it closed them down last time it was in have nothing to look forward to other than another government. It is no wonder that now it will not extend piece of legislation to actually make this piece of any additional services to stations in my electorate like legislation work. It is not a terrific sign of things to Clunes, Maryborough, Ararat, Beaufort and so on. come in terms of the parliamentary competence of this government. As I said, last time we had a coalition government we had to wait a while before we saw The Nationals roll Mr RYAN (Minister for Police and Emergency over. This time, looking at the policy documents of The Services) — It is a great pleasure to be able to bring this Nationals, it is amazing how quickly and deliberately debate to a conclusion. I note that in approximate terms they have moved to a position of again being the this debate has been going for 7 hours and 36 minutes subservient toenail representative party in this house. and that since 9.26 p.m. last night the only speakers on Members might remember that during the last coalition this debate have been those from the opposition. That is government — — a commentary in itself, and I will return to it in just a moment, but it is important to put it on the record. Mr Wakeling — On a point of order, Deputy Speaker, it is clear that the member is straying from the On the 89th day of the Baillieu government here we are bill. I ask you to bring the member back to the bill. with this important piece of legislation. I am delighted that as I speak the Premier is here beside me, as is the The DEPUTY SPEAKER — Order! I do not Deputy Leader of The Nationals and Minister for uphold the point of order. The debate has been wide Agriculture and Food Security. There are many other ranging. members of our team lined up behind me as we bring this debate to a conclusion, because this was a key Mr HELPER — It is my recollection — and I stand election promise. We said we would do this, and this is to be corrected — that Premier Kennett used the term what we have started by the process of this legislation. I ‘toenails of the state’ in reference to a discussion about say ‘started’ because, as the second-reading speech public transport in regional Victoria. When it came to itself says: public transport the previous coalition government, and it would appear this government is shaping up to do the The bill will deliver in part on the government’s commitment same thing, treated regional Victoria as the toenails of to improved safety on the public transport system by the state. I would like to remind the member who took facilitating the appointment of additional PSOs. that frivolous point of order that it was the coalition That is what the speech says, and that is what the bill government that closed down the Ararat and does. All this arrant rubbish the Labor opposition has Maryborough railway lines amongst a whole number of been trotting out here for the past several hours is just other railway lines. That is only surpassed by the another indication of why its members deserve to sit number of schools that it closed down and the number where they sit. of other services that it removed from those areas. The opposition complains about the fact that the bill Here we see it again, with 100 per cent or contains only four clauses and is only one page long. It 212 metropolitan railway stations covered and only complains about the fact that the second-reading speech 13 per cent of stations, or approximately 11 out of 85, is one page long. That is because we on this side of the in regional Victoria covered. It is an atrocious ratio and house do not muck around; we get the job done. We one that The Nationals should be very ashamed of, have been elected to clean up the mess that the Labor given their self-professed status — nobody else government, as it was, left behind. We are not going to believes them — as supposedly representing regional muck around; we are going to get the job done. Those Victoria. I wonder how the voters of Gippsland East days when we had to sit where the opposition now sits will feel, given this snub, with none of their railway in its miserable existence and listen to the garbage in its stations to receive coverage by PSOs, unlike all second-reading speeches that would go to 25 pages and metropolitan stations. take half an hour to read out, even with the big words, Having got that off my chest, I lukewarmly support the are over. Let me tell the house we are here to do legislation. It is something that would not have kept the business and make sure that we deliver on our

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Tuesday, 1 March 2011 ASSEMBLY 409 promises, and this bill is a very important aspect of say that is how desperate one can be, to start reading doing just that. from my speeches — —

When one thinks of the hours the Labor opposition has Mr Walsh — Very desperate! wasted in this debate, one is appalled. We have added 6 words and deleted 11 words from the previous Mr RYAN — You do not have to agree. provisions. We have had a debate where there is a net loss of five words as a result of what we have done, and The member quoted me as saying in Parliament on the Labor opposition has allowed this debate to go on 14 April 2010: for 7 hours and 36 minutes. It is an absolute disgrace. I When government members say, ‘We’ve delivered these do not have an accurate measure of the number of additional numbers’, I accept that they have; I have no speakers, but I believe it to be 46 or 47 by my count. challenge to that. There were 11 speakers from the government, and the I did say that; there is no question that I said that at the rest were the blithering idiots from the other side of the time. But what the member knows is that I then went on house who, over these hours, have carried on with this to say: filibustering rubbish. It was churlish, derisive, apologist, puerile, hysterical rubbish. It has been that The problem is, though, that the numbers self-evidently are from start to finish, and it is an absolute disgrace. not enough. They make our case themselves.

Later on anybody who reads the absolute nonsense that The opposition will not read that out. It just goes to the opposition has trotted out over these hours will show the disingenuous rubbish it comes in here with come to understand all the more why it is that the Labor and produces. In my respectful view, the member for Party sits where it sits and why it will continue to sit Monbulk is above getting up in here and saying that I there for many years to come. It is in utter denial. It just made that statement without being prepared to read out cannot hack it. How often tonight have we heard all this the totality of it. It is just a measure of opposition apologist rubbish about the great things the former members. If that is the way they are going to conduct Labor government did under Mr Bracks and themselves, they can look forward to a long time on Mr Brumby? One could talk about sookies, but the that side of the house. reality is the former government got done. It got rolled; the people of Victoria kicked it out. That is how the As for the issue of the Scrutiny of Acts and Regulations democratic system works. The sooner it comes to bite Committee, what an absolute circus! We have seen this on it, understand it and recognise the fact that for the play out beautifully. The member for Lara is over there next four miserable years it will continue in its own proclaiming the bill had not been to SARC. I stand here miserable existence to occupy the seats its members holding the SARC report with the bill report in it, and now occupy, then the better the Parliament of Victoria he is telling us that it has not been to SARC. What is will be, because we will then realistically get closer to worse is that he is on SARC! The member for Lara, the point where Her Majesty’s opposition has got who is telling us the bill has not been to SARC, is on something worthwhile to say. If we get any more of this SARC. One wonders where these people are coming rubbish, the same fate will await the opposition at the from. We had a lot of them standing up and next election. It is a lesson in how an opposition should proclaiming the bill had not been to SARC, when the not conduct itself when one sees and hears what it had report on it had been tabled in the house already. By the to say today. end the member for Narre Warren North was handing the report around as each one of those members In what can reasonably be termed a wide-ranging blundered in to say it had not been done. He was debate one can examine some of the statements spinning around in his seat to hand the report to his own opposition members have made, such as those in regard side of the house to explain to them that in fact SARC to the issue of police numbers. This is the former Labor had considered the bill. government which left Victoria in a situation of spending less per capita on front-line police officers I will tell members what SARC’s recommendation was than any other state in the Australian nation. It left us in after it summarised the bill. For all the crying and a position where we had fewer front-line operational bleeding hearts about SARC not being able to examine police per capita in our state than in any other state in the bill when in fact it had, the SARC report the Australian nation. In his contribution the member summarised the bill and then, in this stupendous for Monbulk had the temerity to read from a speech I finding, said: made. Fancy reading from my speeches! Some would The committee makes no further comment.

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The member for Lara, who is a member of SARC, I might say in passing that in this wide-ranging could not remember being at the committee meetings debate — I cannot help but make reference to just one which passed the report that has been tabled in the of the extraneous issues that the lot opposite has Parliament. What are we dealing with here? What a raised — some of the commentary around the regional pack of absolute rank amateurs. rail link is unbelievable. Opposition members will say and do anything. I keep saying to those who are behind Then we get onto the treatment of the protective me here tonight, particularly the newly elected, to services officers (PSOs). If we are talking about watch out for them. Look out for Labor; they will say disgraceful commentary, we saw it at its best and its and do anything. They are bleating about the regional worst in what the former government did. What they rail link. The Labor Prime Minister of Australia has just did in relation to these PSOs was patronising, insulting knocked another $500 million off it; she has deferred and demeaning. The simple fact is that for former the money, we hope, in relation to other issues. That government members, those now in opposition, to be bunch that sits over there — that miserable lot who sit saying those sorts of things about these personnel is over there and cannot add up 2 and 2 — has disgraceful. These PSOs are the same people who stand undercosted the project by about $900 million, as best here day after day looking after us as parliamentarians. we can gauge it. The federal government knocked They do other work of a similar ilk around Melbourne, $400 million from the project 12-odd months ago, yet and they do it admirably. They discharge their duties here opposition members are bleating because we have responsibly, and this lot on the other side of the house not driven the first nail to build the damn thing. Those bag them unmercifully. people are nothing less than extraordinary. What we are going to do in relation to all of this is as we promised The member for Monbulk called them plastic police. we would do: we are going to fix the mess. Labor left ‘Plastic police’ was the term he used. It will not be the system in a mess, and we are going to fix it. forgiven. I can tell the member with absolute certainty that he will not be forgiven for that statement. The We hear the pleas from Labor members that ‘The protective services officers, by hell, will not forget it. numbers are fine’, ‘People aren’t at risk’, ‘It’s all a lot of hoo-ha’. I was watching the television the night that Then we have the issues around training and all this Andrew Lazala from Metro Trains, the man who is commentary — this hysterical rubbish — about training ultimately responsible for running the show, went on and the fact that these protective services officers will Australia’s television screens and said, ‘I do not feel be armed. Transit police who travel the train system are safe travelling on the system at night’. That is what he now armed. They are actually armed. In addition to said — and that is from the guy running the show. He that, and the former police minister should know better does not feel safe travelling on the system that he runs. than to be carping on about this issue, the protective That bunch over there has completely lost touch with services officers undergo operational safety and tactical reality in terms of what Victorians are thinking and training (OSTT) in their eight-week training. It is called doing and what affects their lives. They have come in OSTT and it is the same training that police officers here and blithely said, ‘The whole thing is fine; there is undertake in the course of their 23-week training. not a problem. We did great things. Don’t worry about However, here is the opposition professing with it’. You can hear it emanating from them. bleeding hearts that these people are not going to be trained properly in the use of firearms. Worse still, the They say the words, ‘We understand there is a opposition knows, or should know, that PSOs are mandate’ — God, we have a mandate here tonight! I do trained in being able to handle the difficult situations not know whether those on our side realise we have they may be confronted with on train stations in the been given a mandate by the Labor Party now in same manner as police officers. There is no difference. opposition. That is a great thing to get out of this They are given the same training. We have heard all of debate, if nothing more. What a fantastic concession! that rubbish about the protective services officers, who, if you listen to that lot over there, are going to run The simple fact is you need only look at everything that rampant up and down the platforms of Victorian train Labor has done and not done over the course of the stations and shoot people left, right and centre. What an years, including the way Labor fought the last absolute disgrace those opposite are. We have heard campaign. We made a promise to Victorians that we them trot this puerile rubbish out for hour upon hour, would fix up the whole law and order mess by getting wasting parliamentary time. They ought to be the right number of police back on the streets, by absolutely ashamed of themselves. relieving the police of the terrible onus of trying to do their job without having enough numbers to do it and by dealing with it in a responsible way — and at the

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Tuesday, 1 March 2011 ASSEMBLY 411 time we were being accused of magic pudding is guided in defining ‘direct pecuniary interest’ by economics by the former Attorney-General, who about previous practice. A direct pecuniary interest must be three weeks later was part of the then government immediate and personal to the member. The interest which produced a plan for police numbers which must belong to the member in particular and not be mirrored almost exactly that which we had brought to shared with the broader community. For example, an the campaign — and that we would put 940 protective interest applying generally to a member and the services officers on our platforms from 6.00 p.m. until community generally is not a direct pecuniary interest. the last train runs, and we are going to do it. We are Nor does a matter of direct pecuniary interest apply to going to do it! questions of public policy. I refer members to May, 23rd edition, page 491, for more detailed information. Motion agreed to. The provisions of this bill deal with public policy and Read second time; by leave, proceeded to third will affect a number of shops in the Victorian reading. community. While members may have shares or financial interests in retail companies, I do not see that Third reading this is immediate or personal to the member. It is a Motion agreed to. general interest, shared with other members of the public, rather than specific to the member. Read third time. Ms Campbell — On a point of order, Speaker, thank you for that explanation. Could you refer us to SHOP TRADING REFORM AMENDMENT the relevant section in May that outlines that if a person (EASTER SUNDAY) BILL 2011 has a share portfolio that includes a retail business, that is not a direct pecuniary interest? Second reading The SPEAKER — Order! I mentioned it in the Debate resumed from 10 February; motion of words that I spoke when I said, ‘I refer members to Ms ASHER (Minister for Innovation, Services and May, 23rd edition, page 491’. That will give you the Small Business). detailed information that you are seeking.

The SPEAKER — Order! Before I call a member Ms Campbell — Including the latter part, because to speak I wish to make a few comments about the you put that out when you were referring to some other Shop Trading Reform Amendment (Easter Sunday) item as well. Bill 2011 and rules regarding pecuniary interest declarations. I understand this is a matter that some The SPEAKER — Order! It refers to all the issues members would like to have clarified. with which the member may have some concerns. I offer that edition of May to the member and ask her to As members are aware, this bill seeks to remove shop take the opportunity to look at it. trading restrictions on Easter Sunday that currently apply to certain categories of shops. Some members Mr MADDEN (Essendon) — I rise to speak on the may have shares in department stores and other retail Shop Trading Reform Amendment (Easter Sunday) businesses which could be affected by this bill. Bill 2011. Can I just make the point that whilst again Members will be familiar with the provisions of the this is not a bill which takes up many pages — it is a Members of Parliament (Register of Interests) Act 1978 fairly short bill and so is the second-reading speech — requiring them to make full disclosure to the Parliament this will have a quite significant impact on many people of any direct pecuniary interest they have, or an in very many ways, and I wish to elaborate on that this organisation they are a member of has, or any other morning. I am also very disappointed that the material interest, whether of a pecuniary interest or not, opposition — — in relation to any matter they speak on in this house. I Honourable members interjecting. also suggest that members disclose any such interest at the start of their speeches on the bill. Mr MADDEN — Yes, that’s right. Take as many of them as you can get. Standing order 170 prohibits members from voting in the house on any question in which they have a direct I am very disappointed that the government has decided pecuniary interest. If a member does vote on such a to ram this bill through at such a late stage in the question, his or her vote will be disallowed. The house morning.

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Honourable members interjecting. In Victoria Good Friday, Easter Sunday, Anzac Day until 1.00 p.m. and Christmas Day are restricted trading The SPEAKER — Order! days. In Western Australia the restricted trading days are New Year’s Day, Australia Day, Labour Day, Good Mr Baillieu interjected. Friday, Easter Monday, Anzac Day, Foundation Day, The SPEAKER — Order! The Premier! Queen’s Birthday, Christmas Day and Boxing Day, and in 2010 and 2011 the government permitted trading on Mr MADDEN — I am disappointed that a bill all Sundays. In Queensland Good Friday, Easter which will have such a significant impact on so many Sunday, Anzac Day, Labour Day and Christmas Day people will be rammed through by this government in are restricted trading days. In New South Wales Good the early hours of this morning. But it is not surprising. Friday, Easter Sunday, Anzac Day until 1.00 p.m., The government will wish to make the excuse that it is Christmas Day and Boxing Day are restricted trading our fault, that we should have done something or that days. In South Australia New Year’s Day, Australia we should have done something less, but the point is Day, Good Friday, Easter Sunday, Easter Monday, that, again, the government had the chance to adjourn Anzac Day until 12 noon, the third Monday in May, the when it wanted to adjourn. It chose not to adjourn, and second Monday in June, the first Monday in October, here we are at this time of night as part of the process of Christmas Day and Boxing Day are restricted trading contributing to the debate on the bill. days.

This is a fairly straightforward bill. It seeks to remove By comparison Victoria has fairly generous trading shop trading restrictions on Easter Sunday, repeal days for retail businesses. Currently shops are required section 5A of the act which provides for Easter Sunday to close on Easter Sunday in all mainland states of exemptions and make a few other minor amendments. Australia with the exception of Tasmania, and various While it is not news to anybody in this chamber, much exemptions apply. Easter Sunday is not a legislated or of the public would be surprised to know that Easter proclaimed public holiday in Victoria. As I said before, Sunday has never been a public holiday in Victoria. it comes as a bit of a surprise to most people when you Prior to the changes to the shop trading reform tell them about this. There is no legislative protection legislation, trading was not restricted on Easter Sunday. for employees in Victoria in relation to Easter Sunday. The ALP went to the election in 2002 with a policy Easter Sunday is a legislated public holiday in New which aimed to make Easter Sunday a non-trading day. South Wales and South Australia. All Sundays are The Public Holidays and Shop Trading Reform Acts public holidays in South Australia. (Amendment) Bill 2003 amended the Shop Trading Reform Act 1996 to generally require that shops be In New South Wales, where exemptions are granted to closed on Easter Sunday, so it is no surprise that we permit opening on shop closing days, including Easter oppose this bill. It should be no surprise to the Sunday, they are conditional on it being voluntary for government that we believe Easter Sunday should be a employees to work on the day. An employee may not day that families can spend together. We also believe be compelled to work on Easter Sunday. I suggest that that retail workers should not be forced to work on if members are interested they look at section 13 of the Easter Sunday without receiving any loading beyond New South Wales Retail Trading Act 2008. In South ordinary Sunday rates. Australia an employee may not be compelled to work on any Sunday, including Easter Sunday. Interested Currently shops in Victoria are generally required to members can see section 13A(3) of the South close three and a half days per year: Christmas Day, Australian Shop Trading Hours Act 1977. Good Friday, Easter Sunday and Anzac Day until 1.00 p.m. Other than that shops may open in Victoria I submit to the chamber this morning that the reason 24 hours a day, 7 days a week. Certain exemptions Easter Sunday has not been legislated as a public apply to various types of shops — for example, petrol holiday is that traditionally all Sundays were treated the shops, chemist shops and small shops — to permit same as public holidays for the purposes of shop opening on the three and a half days of general shop closing hours — that is, as days on which shops were closing. But I remind the chamber that Victoria has the required to close — until the 1990s. All Sundays were most deregulated trading hours of any mainland state in treated the same as public holidays for the purposes of Australia. I want to go through those mainland states to penalty rates — that is, double time — until the identify and reinforce to members of this chamber the mid-1970s, when public holiday penalty rates were contrast between them. increased. Therefore Easter Sunday did not need to be called out specifically, as the same conditions applied to it as to all public holidays and Sundays.

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The Victorian government now proposes to legislate to Victoria from being compelled to work on Easter permit all shops to open on Easter Sunday. This will be Sunday, and it is not replacing it with any other inconsistent with every other mainland state of protections. Australia. The Victorian government has not announced any proposal to make Easter Sunday a The retail industry is an industry which includes a public holiday nor to even make opening on Easter significant number of men and women who have Sunday conditional on it being voluntary for employees family responsibilities, including the care of children. to choose whether or not to work on the day, as is the Increasingly there are also retail workers who have the case in New South Wales. responsibility of caring for elderly relatives. Some have responsibility for both children and elderly relatives. It The industrial entitlements of workers in the retail is ironic, is it not, that in virtually the same week as the industry are prescribed by the 2010 general retail Premier announced his Victorian families statement he industry award. That award is also the underpinning introduced this bill in direct contradiction of the values award for enterprise bargaining. The award has a spread he was trying to present in his families statement. of hours which incorporates work on Sundays. For some shops the spread is 9.00 a.m. to 6.00 p.m. on a Like the rest of the community, the retail industry Sunday. includes a significant number of Christians. I think that would be of note to many new members of this Mr McIntosh interjected. chamber who have expressly stated their faith commitment to their Christian beliefs. In the last The SPEAKER — Order! The Leader of the House national census, 63.9 per cent of the Australian will desist from doing that and take that piece of paper population freely chose to describe themselves as off the box. Christians. Easter Sunday is the most significant day in the Christian calendar. As belief goes, if Christ had not Mr MADDEN — For other shops the spread is risen from the dead on that Easter Sunday there would 9.00 a.m. to 11.00 p.m. There is a special spread of be no , so I suggest that the Victorian hours for newsagents and video shops. With government’s proposal to open shops on Easter Sunday appropriate notice an employee may be compelled to tramples on the rights of men and women with family work on a Sunday. responsibilities and tramples on the rights of those Currently Good Friday is a public holiday and a shop Christians to practise their faith on the most important closing day, Easter Saturday and Easter Monday are day in the Christian calendar. The proposal attacks public holidays, and Easter Sunday is not a public those fundamental human rights. holiday but it is a shop closing day. If the Victorian Overwhelmingly the biggest single issue in the retail government’s legislation is passed, retail employees in industry in recent years, which has caused disputes and Victoria may be compelled to work on Easter Sunday grievances in the workplace, is rostering. In the and, worse than that, they will have no protection and majority of cases this is about weekend work. Even no public holiday penalty rates as compensation. They when employers are asked to consider family will continue to be protected on Good Friday, Easter responsibilities they set the hurdle very high. In some Saturday and Easter Monday. companies employees are required to provide statutory The national employment standards provide a right, declarations as to their personal circumstances when with certain qualifications, for an employee to be absent family responsibilities clash with their proposed new from work on a public holiday and to be paid for their work rosters. Employers may quiz a mother as to why ordinary hours of work on that day. I suggest to her children cannot be looked after on a weekend by members that, if they are interested, they should see their grandmother. Equally the same employer may sections 114 and 116 of the Fair Work Act 2009. Some quiz a grandmother as to why her grandchildren cannot agreements provide that work on a public holiday is be looked after on a weekend by their mother. Whilst completely voluntary for employees, without representatives might be prepared to take these cases qualification. The award also provides that the public and disputes to Fair Work Australia, the majority of holiday penalty rate or time in lieu applies as retail employees — those mums and dads, those family compensation for work on a public holiday. Employees members — find the idea of going to an arbitrary have these protections for Good Friday, Easter Saturday authority for an official hearing to be very daunting and and Easter Monday but not for Easter Sunday. The many will settle for an unsatisfactory outcome rather Baillieu government proposes to strip away the only than go to Fair Work Australia. protection for employees in the retail industry in

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Rostering is the no. 1 issue in the retail industry, and Mr MADDEN — It is worth reminding the Premier this will be the case in respect of Easter Sunday if all that all parties in both houses of the New South Wales shops are permitted to open. This will impact on Parliament supported the legislation, and that included managers as well as shop assistants. My understanding the ALP, the Liberal Party, The Nationals, the Christian is that whilst many managers do not like to speak up on Democratic Party and the Greens. It is ironic that 2011, this subject because they are employed under contracts, the first year that Easter Sunday will be a public holiday many of them feel very strongly about losing the in New South Wales, is the first year the Victorian opportunity to spend time with their families and government will strip away all protection for retail recognise the distress that will also cause to shop workers in Victoria. assistants. I submit that a majority of Australians are Christians The Victorian government’s proposal would have the and are entitled to have recognised their special days of effect of destroying the Easter break for many families significance. Easter Sunday is the most significant of with a member working in the retail industry. The those days. It is a day not only seen as a chance to minister’s view that employees may simply arrange spend time with friends and family, but also to celebrate leave for Easter Sunday is, to put it bluntly, completely a religious connection to people’s faith in their naive and out of touch with what happens in the cold, Christian belief. hard light of day at work. That leave is simply not going to be agreed to by the employer. Employees The other point I wish to make is that there does not generally cannot get leave now on a normal Sunday, appear to be a public groundswell of support for shops much less Easter Sunday. When you take into account to open on Easter Sunday. I suggest again that here in the fact that not only are many workers in the retail the dead of night the Parliament is rushing this sector mums and dads but also that many are young legislation through as the government seeks to — — people working in their first job, you realise that of course they are not going to raise these issues directly Dr Sykes interjected. with their employer because of their distress and The SPEAKER — Order! The member for Benalla anxiety about having to broach the subject. That is the is out of his seat and out of order. whole point of, in a sense, employers rostering staff on the maximum number of weekends — to have them at Mr MADDEN — I suggest again that the work, not taking the weekend off. government has reverted to form by bringing the most significant bills it has, ones that will impact greatly on As well as that, the minister states that we must open people’s lives, through the Parliament in the dead of shops on Easter Sunday to cater for the needs of night. I remind the public that whilst the sensitive, tourists. Tourism Research Australia figures show that new-age, caring Liberal-Nationals coalition more tourists visit Sydney than Melbourne. In 2009–10 government seeks to portray itself as a sensitive there were 26.9 million visitors to Sydney and new-age government, it will revert to type and remind 22.1 million visitors to Melbourne. In 2009–10 Sydney us that it is an elitist exclusive government, one no visitors stayed a total of 72.5 million nights, while in different from previous Liberal-Nationals coalition Melbourne visitors stayed 54.4 million nights. I remind governments. the chamber that Sydney is not deregulating shopping hours on Easter Sunday. If we contrast Easter Sunday This is not a great piece of legislation. The public has trading in New South Wales and the Victorian not called for it and there is not an enormous government’s proposal, we see that in New South groundswell of support for it. I suspect that when Wales shops are closed, any exemption is conditional people learn that they will be forced to work on Easter on voluntary work for employees and Easter Sunday is Sunday without penalties, it is very likely that the a public holiday. The Victorian government’s proposal general public will understand more broadly what an is that shops will open, employees will be compelled to appalling bill this is and what an elitist government this work and, worse still, Easter Sunday will not be a really is. public holiday. Easter Sunday became a public holiday in New South Wales last year, and the state also Debate adjourned on motion of Mr McINTOSH retained it as a closing day. It is noteworthy that all (Minister for Corrections). parties — — Debate adjourned until later this day. Mr Baillieu — You had 10 years to do that and you didn’t. Remaining business postponed on motion of Mr McINTOSH (Minister for Corrections).

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ADJOURNMENT Beechworth. The action I seek from the minister is that she make a financial commitment to aid the growth of The SPEAKER — The question is: the Harvest Celebration into the future. This year’s Harvest Celebration will be held in Beechworth from That the house do now adjourn. 13 to 15 May and is a must-attend event on the Rail: Craigieburn line north-eastern Victoria tourism calendar. Since 2009 the Harvest Celebration has continued to expand its Mr MADDEN (Essendon) — The issue I raise is regional focus, with 65 regional producers showcased for the Minister for Public Transport. Tonight I used the in 2010. This year’s program will include some public transport system. I was on a train on the cooking classes, some commentary with talks and Craigieburn line which was scheduled to leave presentations, food and wine stalls, and a local bakery Parliament station at 6.32 p.m., but it did not leave the and honey tour. station until more like 6.41 p.m. The train was 10 minutes late, and while I do not think anybody was I am sure the minister is well aware of the contribution necessarily upset that the train might have been tourism makes to our local economies as well as our 10 minutes late — and I have been a commuter on state economy. Tourism is a significant economic public transport and particularly the train system for driver for Victoria, contributing an estimated many years — I think an enormous amount of $15.8 billion to the Victorian economy and employing frustration developed among commuters on that train approximately 185 000 people across the state. when, on arriving at North Melbourne station, the train Speaking from local experience, tourism is a major seemed to spend an inordinate amount of time at the economic driver, particularly for the north-east of platform. It waited an extra 2 or 3 minutes at the station. Victoria.

Eventually the train moved, but it did not seem to take The Harvest Celebration is a mecca of activities for the normal route along the Craigieburn line. It seemed foodies and wine lovers. This year’s Harvest to spend an inordinate amount of time in the railway Celebration will also feature a gala dinner with siding alongside the old Younghusband warehouses Margaret Fulton. Visitors will be able to enjoy ‘culinary just before Kensington station. There was a degree of theatre’ with regional chefs holding cooking classes, frustration among commuters on the train, but more and farmgate trails, which will include tastings of surprising was the fact that while that train was sitting Rutherglen and King Valley wines and the crisp white in the siding another train on the Craigieburn line wines of the alpine valleys. passed it on the appropriate railway line. My concern With the rise in popularity of Australian food and was that while the train in the siding was particularly cooking in popular culture there is a real opportunity for full, the train alongside had very few people in it. the region to strengthen its claim as the food and wine The DEPUTY SPEAKER — Order! Has the capital of Victoria. I know many locals hope the member said what action he wants taken? Harvest Celebration will fast become a signature food and wine event in the region, promoting the north-east Mr MADDEN — I will get to that point, Deputy of Victoria as a significant food and wine tourist Speaker. My request to the Minister for Public destination. Transport is to investigate why a train is held up in a siding while the following train passes it. My suspicion, I encourage each and every member to come to the and I would like the Minister for Public Transport to north-east of Victoria and enjoy the vast spread which investigate this and respond accordingly, is that this is a will be on offer as well as the many fine regional wines mechanism by the rail operator that is used to ensure from local producers. I again ask the minister to support that the following train runs on time, yet in doing so it this great local festival to assure the continued growth holds back another train for more than 20 minutes. I of tourism in north-eastern Victoria. suspect the minister will find that this technique exacerbates the delay of one train and does not improve Victoria Street gateway project: funding the commuting time for those on that particular train. Mr WYNNE (Richmond) — I raise a matter for the Beechworth: Harvest Celebration attention of the Minister for Multicultural Affairs and Citizenship. It concerns a funding commitment by the Mr TILLEY (Benambra) — The matter I raise is former Brumby government to the Victoria Street for the Minister for Tourism and Major Events. The gateway project. Many members of the chamber would Harvest Celebration festival is held annually in be aware of the Richmond community’s persistence in

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416 ASSEMBLY Tuesday, 1 March 2011 fighting for this very important cultural initiative — a Sport and recreation: major event funding persistence recognised by the adoption of a tripartite agreement between all levels of government early last Mr NORTHE (Morwell) — I seek action from the year. Minister for Sport and Recreation. The action I seek is that the minister confirm whether the coalition will Today I want to acknowledge the extraordinary deliver on its election commitment to maintain support contribution of successive waves of Vietnamese for major sporting events in Melbourne and across migrants to our state over the last 40 years. The public regional Victoria. Such events are of great importance housing estates in my electorate have provided the not only to metropolitan Melbourne but also to many important stepping-off point for many of these migrant regional areas. Given that Victoria has a significant families, and they have come to make Richmond their sporting events program that is well received by many home. The support and services provided have created communities throughout Victoria, it is imperative that opportunities for many people to make an outstanding that program be supported into the future. A contribution to our society. I believe, and I am sure municipality such as the city of Latrobe probably does other members of the chamber would share the view, not have its fair share of tourist visitors, so it is that we have been greatly enriched by the cultural, imperative that sporting events be supported and social and culinary diversity the Vietnamese assisted by government through funding and other community has brought to Victoria. means. They are critical to many regional communities.

In January this year I was joined by Minister Kotsiras to At the moment Victoria makes available event support celebrate the 2011 Lunar New Year festival. This is the grants of up to $50 000, and the Event Initiative Fund 11th year that I have had the honour of being able to makes grants of up to $300 000 available across celebrate that festival, which is the largest street festival regional Victoria. Recently I had the pleasure of in the state, passionately patronised not only by my attending a Melbourne Rebels versus Tonga Rugby local community but also by the Victorian community Union game in Morwell. This event was the beneficiary more broadly. The funding promised by the Brumby of $5000 through the significant sporting events government was set to deliver a significant upgrade of program and was very well received. There was a very Victoria Street, including decorative lighting and strong attendance. Not only members of the local streetscapes inspired by the history and culture of community but also visitors from far and wide came to Vietnam. It has the potential to transform the urban that event, which demonstrates the success of such environment between Hoddle and Church streets, initiatives. cementing this area as the cultural hub of one of our most vibrant multicultural communities. As we heard The City of Latrobe is the beneficiary of state, national yesterday in question time Minister Kotsiras has and international events. It is hoped that through the already supported a number of projects, including for continuation of these funding programs we will be able the Greek precinct in Lonsdale Street, for a Hellenic to support clubs, including the Twin City Archers festival in Oakleigh as well as for the Victorian Cypriot Gippsland in Morwell, which has hosted many major community. It is now vital that we deliver what events over a number of years. This year the club’s promises to be a prominent and vibrant asset to the national championships event will be held. The Vietnamese and wider communities. Gippsland Car Club will host the Australian Hillclimb Championship in the municipality in 2011. The Richmond Asian Business Association has been a vocal supporter of this project for over 10 years, Past recipients of awards through the significant advocating for recognition of the unique cultural sporting events program have included the 2010 precinct in Victoria Street. Funding has been provided Arnette Australian Junior Surfing Titles and the 2010 through the federal Minister for Infrastructure and Marysville Marathon Festival. It is important that these Transport, Anthony Albanese, of $500 000, and the events be supported. We know that the volunteers and City of Yarra has also committed funding of the order committees who organise and host these events put in a of $500 000. lot of hard work behind the scenes without much financial support or reward, so it is imperative that I call on the minister to confirm that his government these types of programs be supported into the future. will fulfil the commitment of $1 million made by the previous Brumby government. I call on the minister to ensure that the coalition government lives up to its commitment and its mandate to deliver these programs to regional communities into the future.

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State emblems park: establishment I want to take this opportunity to thank Bob Anderson of the Friends of the Helmeted Honeyeater, Jeff Latter Mr MERLINO (Monbulk) — I raise a matter for from the Johns Hill Landcare Group and Friends of the attention of the Minister for Environment and Meander, and Bill Incoll from Monbulk Landcare Climate Change. The action I seek is that the minister Group. I commend this issue to the minister and request proceed with the creation of a new state emblems park that he proceed with plans to create this new park. It is in the Dandenong Ranges. I represent a very special the single best thing that we can do to ensure the part of Victoria. It is special for a number of reasons, survival of our state emblem species that are but for the purposes of this debate it is special because endangered. it is home to our state flora and fauna emblems. Pink heath is the floral emblem of Victoria; the Leadbeater’s National Celtic Festival: funding possum, which is endangered, is Victoria’s faunal emblem; and the helmeted honeyeater, which is also Mr KATOS (South Barwon) — I rise to draw to the endangered, is Victoria’s bird emblem. attention of the Minister for Tourism and Major Events the National Celtic Festival held in Portarlington, and I The habitat of these endangered species is in and request that state funding be made available for this around the Yellingbo Nature Conservation Reserve in festival as soon as possible. The National Celtic the electorates of Monbulk and Gembrook. This is the Festival, which is held over the Queen’s Birthday long sole remaining natural habitat of the helmeted weekend, is Australia’s largest and most diverse honeyeater, and I am sure the new member for celebration of Celtic music and culture. The unique Gembrook is aware of the special responsibility he and cultures of each Celtic nation are celebrated at the I share. As representatives of this region we need to festival. The family-friendly festival prides itself on an ensure that our state emblems survive and flourish. incredibly diverse program of performances and workshops in a variety of Celtic disciplines, including During the last election campaign Victorian Labor dance, song, poetry and language. Over the last seven made a commitment to proceed with the long hoped for years the festival has grown in both reputation and plans to create a state emblems park. We committed to quality, and there has already been a steep increase in getting the Victorian Environmental Assessment ticket sales for this year’s festival. Council to investigate and assess the most appropriate land management arrangements for the creation of this The following features make the National Celtic new park. The issue is that at the moment the Festival unique for Geelong and the Bellarine region management of the land in which these special animals and beyond: it is held in the winter months — an live is divergent — the land is fragmented, there are off-peak time of year in a coastal town — and is small parcels of land along a corridor and there is little recognised as a key cultural event on the Geelong and coordination. The habitat covers the Woori Yallock, regional calendars; it has built national and international Emerald, Sassafras, Menzies and Cockatoo creeks, and partnerships and relationships that are unique to Celtic the state emblems park would link the Dandenong culture and links to organisations that otherwise would Ranges National Park, the Kurth Kiln Regional Park, not have had a connection to the region, and through the Warramate Hills Nature Conservation Reserve and these partnerships it has created a profile of the region; the Yellingbo Nature Conservation Reserve. A new it appeals to all ages and has programs that attract a state emblems park would create a coordinated series of diverse audience; and it is recognised as a national nature reserves under one park management system event and endorsed by the Celtic Council of Australia. with a total area of approximately 5000 hectares. The festival’s program offers a range of experiences Other benefits would include the ability of volunteer and opportunities for patrons, including music concerts and friends-of groups, such as the Friends of the and acoustic performances, outdoor spectaculars and Helmeted Honeyeater, to coordinate their activities and workshops in music, dance, language, film, visual arts, to secure grants from the three levels of government theatre, literature, song and poetry. Internationally and philanthropic organisations, and then those acclaimed US group Solas will be in Australia for the resources could be distributed right along the corridor. first time to attend the festival. Through an extensive It would also be of great benefit in the area of marketing campaign the National Celtic Festival ecotourism. The creation of a state emblems park showcases and promotes the region in an off-peak would be the culmination of the dream of many season. The Bellarine region is marketed dedicated local individuals and organisations. internationally, nationally and regionally to a growing number of people, many of whom are first-time visitors.

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I recognise the economic and cultural value that the Dingley Village: air pollution festival brings to Geelong and the Bellarine region. However, without an extensive marketing campaign the Ms WREFORD (Mordialloc) — I wish to raise a National Celtic Festival would be nowhere near as matter for the Minister for Environment and Climate successful. I take this opportunity to remind the Change. The action I seek is for the minister to outline minister of the grant application before her department what actions are being taken to stop the stench and respectfully ask that this submission be given emanating from tips around the Kingston green wedge, serious consideration. I hope we will see a positive particularly those close to Dingley Village in my decision made as soon as possible. electorate and those affecting places like Clarinda. Plenty Road: upgrade This summer, residents of Dingley Village experienced the most terrible odours. In a regular period of summer Ms D’AMBROSIO (Mill Park) — I wish to raise a there are normally in the vicinity of 20 complaints matter for the Minister for Roads. I ask the minister to about the odour in Dingley Village. In the same period prioritise funding for the widening of Plenty Road this summer more than 400 complaints were received. between Centenary Drive and the Metropolitan Ring That is over 20 times the normal number and a Road in my electorate. Plenty Road is a major and vital reflection of how much worse than normal the odours arterial road that services constituents in my electorate, were this year. My office has received a very large and indeed it is a major connection point between the number of calls, emails and letters on this issue. Many growing communities to the north of my electorate people report an inability to go outside on certain days right through to the more highly built-up areas to the as the smell is so bad; others are refusing to turn on air south. conditioners or open windows for the same reason.

The former Labor government contributed significant I have experienced the unpleasant odours for myself, funds in recent years for the widening of Plenty Road and they are unbelievable — that is, far worse than north of Centenary Drive in Mill Park progressively in around a normal tip. Logic would suggest that our wet stages, and I note the support of the member for Yan but still warm summer has been a contributing factor, Yean for these projects, which have been very but other tips around the state do not seem to be beneficial. We have seen a need to widen Plenty Road experiencing the same problems. There appears to be a to accommodate the growing communities further particular local factor at play or perhaps some failures north, beyond Hawkstowe Park. I wish to acknowledge by the Environment Protection Authority to adequately the terrific commitments of previous roads ministers, address issues within these sites. There have been many including former ministers Batchelor and Pallas, which staggering failures within the EPA, particularly in the ensured that these significant funds could be delivered era of the Brumby government. for the widening of Plenty Road along the course I have described. There was an Auditor-General’s report handed down in June last year and another one was handed down last It is now important for the constituents in my electorate month outlining many faults within the EPA. An article to have this government prioritise funding for the next in the Age of 20 February highlighted the failures. Lost phase of treatment for Plenty Road to enable a better records, polluters escaping sanction, insufficient flow of traffic and improved travel times for the monitoring and a general lack of confidence in the EPA communities along this route. This government did not has left the community with not much faith in the make any policy commitments or funding organisation. I am pleased that the EPA responded to commitments at all for the Mill Park electorate prior to these reports by initiating a review into its own the last election, and I am very disappointed about that practices, the results of which have recently been matter. Nonetheless this government was elected on a released. These results have caused the EPA to reassess platform of fixing problems, being open and transparent its focus, and I commend the minister for supporting and having no spin, so I hope the Minister for Roads these welcome changes. Either way the odour from the delivers on this front and ensures that the electorate of tips near Dingley Village is not acceptable, and prompt Mill Park is not neglected in terms of this government’s action needs to be taken. I ask the minister: what commitment to governing for all Victorians. Therefore actions are being taken to address this issue? I hope the Minister for Roads sees this project as a worthy one that should be delivered as a matter of Cairn Curran Reservoir: water release priority. Ms EDWARDS (Bendigo West) — The matter I raise is for the Minister for Water. The action I seek is

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Tuesday, 1 March 2011 ASSEMBLY 419 that the independent inquiry into the recent floods in resembles the river that existed before the release of Victoria investigate the prerelease policies of the water water from Cairn Curran Reservoir. authorities, especially those of Goulburn-Murray Water. Questions have been raised by residents Gardiners Creek: management downstream from Cairn Curran on the Loddon River at Baringhup West about the way the water levels at Cairn Mr WATT (Burwood) — I rise to draw the Curran Reservoir were managed by Goulburn-Murray attention of the Minister for Environment and Climate Water in the lead-up to the record-breaking release of Change to the issue of Gardiners Creek and the effects water from the reservoir. of 11 dark years of Labor mismanagement.

There is a clear need for greater transparency in relation The minister may recall that the abject neglect of to the management practices and decision-making Gardiners Creek by the previous Labor government left protocols adopted by Goulburn-Murray Water in large, gaping chasms where the creek bed — — extreme situations like this. It is clear that the water Mr Wynne — Chasms? should have been prereleased well in advance of the predicted inflows to create additional storage capacity Mr WATT — Chasms, chasms. It was brought to and to more effectively control the destructive force of my attention by the hardworking members of the the outflow. Friends of Gardiners Creek Valley that the damage to the riverbanks has been extensive and that they are in In a La Niña year, when soils were already desperate need of remedial works. I commend the super-saturated and 200 millimetres of rain had been group for its efforts in looking after the creek. forecast in the catchment a week before, why was Cairn Curran Reservoir being held at 93 per cent capacity? It is quite fascinating that those opposite when in The force and speed of 80 000 megalitres of water government were parading their environmental being released from Cairn Curran on 14 January this credentials to the public and using taxpayer funds under year caused environmental devastation to sections of the guise of some trendy advertising campaign, when the Loddon River in a 15 to 20-kilometre radius of the what was really needed was just to listen to the gates of the reservoir. Goulburn-Murray Water has constituents. It is amazing that, for all the song and claimed that this damage was due to flooding. dance of our political opponents over the environment, However, together with the shadow Minister for Water something as simple as repairing the riverbank has been in the other place I have seen firsthand the extreme ignored — — damage that has been done to the river. This was not caused simply by flooding. It was like seeing the Mr Wynne — What action do you want? aftermath of a tsunami. Why could the water not have been prereleased in smaller amounts earlier rather than The DEPUTY SPEAKER — Order! Stop the in a huge amount? clock. I ask the member for Richmond to not interject in that manner. It is late in the night, and I will not Repeated requests to the Minister for Water to meet tolerate him talking to a member like that. with me, the shadow Minister for Water, Goulburn-Murray Water and the residents of Baringhup Mr WATT — If those opposite had acted over the West have gone unheeded. Now we find that the last 11 years, it would not cost so much to fix the members of the water authority board have resigned, problem that we now face. I extend an invitation to the and there may not be an opportunity to have any minister to meet with representatives of the Friends of briefing from them. I have also suggested that the water Gardiners Creek Valley and to visit my electorate to see minister visit Baringhup West and see for himself the for himself what 11 years of environmentally damage that has been done to the Loddon River. I have unconscious Labor can, or more precisely cannot, do previously described to this house the environmental for our riverbanks. damage done to the river. To reinforce this I will say: the whole ecosystem of the river has been destroyed. Responses Great gouges have been taken out of the banks of the Ms ASHER (Minister for Tourism and Major river; the riverbank has dropped metres in some places, Events) — The member for Benambra raised with me a changing the direction of the river; 100-year-old river very important issue in relation to the Harvest red gums have been uprooted and carried downstream, Celebration in Beechworth, which will be held in May blocking the river flows; and native platypus habitats this year. He pointed out the economic value of tourism have been destroyed along with the habitats of native to the state of Victoria overall and indeed to his birds in the area. The river in this area no longer

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420 ASSEMBLY Tuesday, 1 March 2011 electorate. In particular he asked for funding for the involving the Metro Trains operator. We all remember festival. Tourism Victoria is keen to have a signature the claim by the former Premier that when he appointed wine and food event for the region. We also think there Metro Trains we would all see a difference from day would be some significant branding opportunities one. What the member for Essendon is indicating is that available from an expansion of the Harvest Celebration that difference from day one has resulted in some form in Beechworth. I am advised that there will be of a scam that has totally inconvenienced him and significant changes to the festival in 2011, including a forced his train to run late. larger venue, a premium dinner, a culinary theatre and farmgate trails. The member for Benambra has outlined I will follow up the personal matter that the member for many of the activities that will be offered. However, it Essendon has raised in the house tonight regarding his is essential that this event be marketed to a Melbourne being personally inconvenienced as a result of this audience and an interstate audience, and I am happy to supposed scam by Metro Trains drivers. When Metro advise him that he will receive an allocation of $20 000 Trains has completed its investigation into why the to ensure that happens. member for Essendon’s train was running late, I will write to him and let him know the outcome of that The member for South Barwon raised an issue of investigation. relevance to the Geelong area and also to the Bellarine Peninsula. He wants to ensure that there is a broad In relation to the member for Mill Park, who raised a economic benefit for tourism within his electorate and matter with me as Minister for Roads in relation to the indeed beyond its borders. He made reference to the widening of Plenty Road between Centenary Drive and National Celtic Festival to be held over the June long the Metropolitan Ring Road, I will seek advice from weekend and spent some time going through the range my department in terms of where this particular project of activities that will be offered as part of that festival. I sits at this point in time. As a new government we have note that the number of activities associated with the a wide range of road projects that we are going to festival has increased over the course of many years. embark on. I was very recently out at the M80, where I did a sod turning. We have 10 grade separations to The member for South Barwon drew my attention to undertake as well as the Dingley bypass, the Kilmore the fact that a funding application has recently been bypass and the Koo Wee Rup bypass, and $160 million submitted for $22 500 to market this festival in is going into small rural councils to assist them with Melbourne and interstate. Obviously we want locals to their roads. There is a host of other road projects that have a great time, but tourism marketing is all about will be undertaken. getting guests in so they spend money and contribute to the local economy. I am happy to advise the member As the member for Mill Park may realise, we also face for South Barwon that that money will be granted. some challenges in relation to the transport budget. We all have a bucket of money to operate with, and when Mr MULDER (Minister for Public Transport) — your government arrives on the scene and you take over The member for Essendon raised an issue with me in as a new minister and discover a whole host of hidden relation to his being personally inconvenienced as a debts, that naturally has an impact on what you can result of a Craigieburn line train running late. What the deliver, particularly in relation to empty Labor member for Essendon is claiming is that Metro Trains promises. I refer in particular to the $880 million Melbourne drivers are involved in a scam: if his blow-out on the regional rail project, the $400 million particular train is running late, the driver, having reprofiled from that project by the federal Labor travelled a certain distance, puts a blinker on, pulls left government, the $500 million pulled out of that project into a siding and allows a faster train coming from and pushed to 2015–16 by the federal Labor behind to pass his train, thus inconveniencing the government, the mess with myki that the Department of member and making him arrive later than the scheduled Transport and the Department of Treasury and Finance arrival time. are currently working through and the $40 million in additional fare evasion hidden from the public prior to I remind the member for Essendon that the the last state election. adjournment debate is usually an opportunity for members to raise issues that concern members of their There are thus a number of issues within the transport electorates being inconvenienced, or to call for action portfolio that are having an impact in relation to some on behalf of their constituents. I will raise this issue of the Labor government’s hollow promises. However, with Metro Trains on behalf of the member for I will do my absolute best for the member for Mill Essendon and ask if there is a scam currently under Park. I will have my department look at the Plenty way — a carryover from the former Labor government

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Road widening project, and I will get back to the budgeted for and the money was available. As the member for Mill Park. member knows, the total funding in the relevant part of the budget was $12 million, and at every function I Mr R. SMITH (Minister for Environment and attended I made the same promise: provided the money Climate Change) — I am delighted to respond to the was available, we would honour the commitments member for Monbulk, and in doing so I have to made by the previous government. This included acknowledge the member for Gembrook, who in the $1 million for the enhancement of Richmond’s short time he has been here has already advocated Vietnamese cultural precinct in Victoria Street, which is strongly for a state emblems park. As a result of his the issue that the member raised. advocacy I am meeting with the member for Gembrook and the relevant stakeholders this afternoon, and I look I am advised that the Victoria Street project is estimated forward to them informing me fully so that I can to cost $2.1 million. The previous government’s ascertain the direction we can move in the future. funding of $1 million was only going to be made available if matching funding was found. The member In response to the member for Mordialloc, who asked for Richmond advised the house that $500 000 was me to outline the actions that have been taken recently coming from the commonwealth and $500 000 was in response to the range of odours that have been coming from the City of Yarra. The other part of it was emanating from parts of her electorate, I can tell her that the council had to come up with the scope and the that recent Environment Protection Authority plan for the enhancement project. We have still not investigations have revealed a number of odour sources seen the plan. in her area. It has been revealed that recent high rainfall has exacerbated odour issues due to the flooding of Provided there is matching funding, a plan and landfill cells and the fact that higher groundwater has community consultation, I commit to the member for affected landfill gas extraction. I can advise the member Richmond to make $1 million available. However, I that the EPA has recently issued a clean-up notice to a urge him to work closely with the community to make landfill operator in the area that has been deemed to be sure that the plan is appropriate and will provide value the main producer of the odours. The clean-up notice for money — because the last thing I want is another will prevent it from taking any more waste, and it has stairway to nowhere — and that every cent of Victorian been ordered to place a temporary cap on open waste taxpayers money being made available is spent on cells. I can also tell the member that a pollution something worthwhile. abatement notice has been issued to a composting facility in Dingley Village, that the EPA is working I thank the member for Richmond. I know he is with operators on long-term strategies to ensure best committed to multicultural affairs, and I appreciate that. practice management at landfills and composting sites I also appreciate the fact that the member for Richmond in the area and that the EPA has developed a raised the matter with me on the actual day. The money community information and engagement plan that will will be there, provided that all the conditions that were keep the community informed regarding progress on imposed by the previous government are met. resolving these issues. Mr DELAHUNTY (Minister for Sport and Finally, in response to the member for Burwood’s Recreation) — I rise to respond to the member for request for me to meet his local community group with Morwell’s contribution on the adjournment tonight. respect to Gardiners Creek, I will be very happy to take The member for Morwell is a very passionate supporter him up on that invitation. of his electorate. He is very passionate about sport and recreation, and he is a very hardworking and committed Mr KOTSIRAS (Minister for Multicultural Affairs MP. It is great to have him in the chamber. I have spent and Citizenship) — The member for Richmond raised a a little bit of time in an office with him in the last four matter in relation to Victoria Street, Richmond. I had years, and he is a very hardworking member. the pleasure of joining the member for Richmond at this year’s Vietnamese New Year celebrations. It was a The member raised a lot of matters that are important wonderful event — except that the member spoke for not only to his electorate but also to country Victorians longer than he promised! and to Victorians in general. He referred to the Liberal-Nationals coalition policy in relation to major As the honourable member would know, at the last sporting events. In that policy we said we would: election we gave a commitment that we would honour all commitments in the time frame set by the previous Maintain support for major sporting events in Melbourne and regional Victoria, building on Victoria’s enviable record in government, provided that the commitments were this area.

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We said we would provide increased funding to secure into the damage done by Goulburn-Murray Water’s the Stawell Gift as one of those major projects. We also prerelease policies. I will pass the matter on to the said we would put money towards hosting: minister for his comments.

… national sporting events in our cities and at our premier In passing may I say that I have been in this place for regional sporting venues. Sports could include athletics, 11 years, and this is the first occasion I can recall when basketball, football, golf, netball, rowing, soccer and tennis. nine matters have been responded to by ministers in an There is a plethora of sports that could be supported. adjournment debate, with only one matter remaining outstanding. That matter is an important one, and as I As we know, Victoria has a reputation for hosting big said I will pass it on to the minister. sporting events. We see that with the Australian Open. Earlier this year I went to Traralgon with the member House adjourned 3.30 a.m. (Wednesday). for Morwell to attend the Traralgon Tennis Association’s dinner at its fantastic tennis complex. It was in relation to the junior international tournament, which is a prelude to the Australian Open. The community there should be very proud of what it has. We are going to put more money into upgrading those facilities. It is a major sporting event for junior tennis players not only Australia wide but internationally. Some star players have won that event.

We have been very strong in relation to this. We want to support country events because we know they encourage people to participate in sport. We want more people to be more active more often, so the member for Morwell has raised a very important point. We want more visitors to Victoria to drive economic activity, and we want to drive sport at a community level. I am very pleased to say that this government will be supporting those major events, and we have already put in money. We are putting $10 000 into the City of Latrobe, which the member represents, for the 2011 National Youth Archery Championships. We are also putting $15 000 into the Bass Coast shire for the 2011 world kneeboard titles. We are putting $50 000 into Geelong for the 2012 Australian Deaf Games. These are examples of sporting events that we will be supporting.

Yesterday I announced further funding of $290 000 for three international and national athletics meets to be held in the next 12 months. One of them will be taking place this Thursday night — the International Association of Athletics Federations (IAAF) Melbourne Track Classic. It will get $50 000 from this government to support the event. Tamsyn Lewis and many other international stars will be at that event. Whether it be the Stawell Gift or the IAAF meet here on Thursday night, I encourage people to support these events. I encourage people to participate in these events, and we as a coalition government will be proudly supporting them over the next four years.

Mr McINTOSH (Minister for Corrections) — The member for Bendigo West raised a matter for the Minister for Water in relation to an independent inquiry