Legislative Assembly 6133 30 November 1993

TUESDAY, 30 NOVEMBER 1993 and will not allow abortion on demand. Petitions received.

Mr SPEAKER (Hon. J. Fouras, Ashgrove) STATUTORY INSTRUMENTS read prayers and took the chair at 10 a.m. In accordance with the schedule circulated by the Clerk to members in the Chamber, the following documents were ASSENT TO BILLS tabled— Assent to the following Bills reported by Anti-Discrimination Act— Mr Speaker— Anti-Discrimination Tribunal Rule 1993, Appropriation Bill (No. 2) No. 430 Building and Construction Industry (Portable Auctioneers and Agents Act— Long Service Leave) Amendment Bill Auctioneers and Agents Amendment Criminal Law Amendment Bill Regulation (No. 2) 1993, No. 409 Freedom of Information Amendment Bill Canals Act— Gaming Machine Amendment Bill Canals Amendment Regulation (No. 1) Justice and Attorney-General Legislation 1993, No. 416 (Miscellaneous Provisions) Bill Criminal Law Amendment Act— Lands Legislation Amendment Bill Criminal Law Regulation 1993, No. 413 Lang Park Trust Amendment Bill Education (General Provisions) Act— Licensing Fees Legislation (Liquor and Education (General Provisions) Tobacco Products) Amendment Bill Amendment Regulation (No. 1) 1993, Limitation of Actions Amendment Bill No. 411 Liquor Amendment Bill (No. 2) Fauna Conservation Act— Transport Infrastructure (Railways) Amendment Fauna Conservation Amendment Bill Regulation (No. 3) 1993, No. 429 Transport Legislation Amendment Bill (No. 2). Gaming Machine Act— Gaming Machine Amendment Regulation PETITIONS (No. 2) 1993, No. 418 The Clerk announced the receipt of the Gaming Machine Amendment Act— following petitions— Proclamation Ð provisions of the Act that are not in force commence 1 December 1993, No 417 Native Animals and Plants Gas Act— From Ms Robson (1 612 signatories) Maleny Gas Reticulation (Grant of praying that the Parliament of Queensland will Franchise) Regulation 1993, No. 426 actively maintain legal sanctuary and permanent preservation for all native animals Health Act— and plants in Queensland national parks and Poisons Amendment Regulation (No. 4) revoke all sections of Acts which appear to 1993, No. 415 allow hunting or gathering of native wildlife. Hen Quotas Act— Hen Quotas Amendment Regulation Crown Lease Rental Fees (No. 2) 1993, No. 422 From Mr Johnson (142 signatories) Industrial Relations Act— praying for action to be taken to alleviate Industrial Court Amendment Rules (No. 1) financial hardship caused by the proposed 1993, No. 431 increase in Crown lease rental fees Local Government Act— implemented on 1 July 1993. Local Government (Electoral Matters) Regulation 1993, No. 425 Abortion Law Mineral Resources Act— From Mrs Gamin (99 signatories) praying Mineral Resources Amendment Regulation that the Parliament of Queensland will not (No. 13) 1993, No. 427 move to change legislation regarding abortion National Parks and Wildlife Act— 30 November 1993 6134 Legislative Assembly

National Park 285 Counties of Burdekin Local Government Commissioner— and Davenport (Declaration) Order 1993, Reports relating to reviews of Internal No. 428 (Electoral) Boundaries— Primary Producers’ Organisation and Marketing City Councils— Act— Bundaberg, Maryborough, Atherton Tableland Maize Marketing Thuringowa, Townsville and Board Poll Regulation 1993, No. 410 Warwick Primary Producers’ (Levy on Cane Shire Councils— Growers) Regulation 1993, No. 423 Allora, Biggenden, Burdekin, Queensland Building Services Authority Act— Dalrymple, Glengallan, Queensland Building Services Authority Gooburrum, Hinchinbrook, Isis, Amendment Regulation (No. 3) 1993, Rosenthal, Stanthorpe, No. 412 Woocoo and Woongarra Real Property Act— (d) Minister for Primary Industries (Mr Casey) Real Property Amendment Regulation tabled the following papers— (No. 1) 1993, No. 414 Dumaresq-Barwon Rivers Commission— Superannuation (Government and Other Annual Report for 1992-93 Employees) Act— Review of Farm Produce Commercial Superannuation (Definition of EmployeeÐ Seller Regulation and consideration of Ports Corporation) Order 1993, No. 420 Horticultural Industry Advisory Structures—Discussion paper Superannuation (State Public Sector) Act— (e) Minister for Justice and Attorney-General Superannuation (State Public Sector) and Minister for the Arts (Mr Wells) tabled Amendment Regulation (No. 1) 1993, the following paper— No. 419 Queensland Performing Arts Trust— Traffic Act— Annual Report for 1992-93. Traffic Amendment Regulation (No. 5) 1993, No. 421 Water Resources Act— MINISTERIAL STATEMENT Water Resources (Rates and Charges) Queensland Economic Review Amendment Regulation (No. 1) 1993, Hon. K. E. De LACY (Cairns— Treasurer) No. 424. (10.05 a.m.), by leave: Today, Queensland Treasury will circulate to all honourable PAPERS members the September Quarter 1993 edition The following papers were laid on the of the Queensland Economic Review. Over table— 2 000 copies are now circulated within the State, interstate and overseas every quarter. (a) The Treasurer (Mr De Lacy) tabled the following paper— Well before this edition—the fifteenth— Queensland Treasury Corporation the Queensland Economic Review had firmly Consolidated Accounts—Annual Report established its credentials as an informed, for 1992-93 credible and independent overview of the (b) Minister for Transport and Minister Queensland economy. I take this opportunity Assisting the Premier on Economic and to congratulate all those associated with its Trade Development (Mr Hamill) tabled the production. I encourage all honourable following paper— members to read it at their leisure, but I would Mackay Port Authority—Annual Report for like to draw attention to some encouraging 1992-93 developments in the Queensland economy (c) Minister for Housing, Local Government which emerge from Queensland Treasury’s and Planning (Mr Mackenroth) tabled the own research and that of other independent following papers— analysts. Parliamentary Travelsafe Treasury research reported in the QER Committee—Report on Pedestrian and shows that Queensland’s share of total Cyclist Safety—Government response to national investment spending reached 18.3 recommendations 11, 12, 13, 14, 16, 25 per cent in 1992-93, compared with 17.7 per and 29 cent a year earlier. Contrary to the doom and Proposed Planning and Development gloom peddled by the State Opposition, the Legislation for Queensland—Discussion State’s share of national business investment paper was almost unchanged at 15.9 per cent, compared to 15.8 per cent last year and well Legislative Assembly 6135 30 November 1993 above the share when the National Party left recently been a very vocal group opposing the office. Ace Waste operation. Significantly, Access Economics, in its Only a couple of weeks ago, a coalition of latest Investment Monitor, makes the point conservation groups and local residents that Queensland and Western Australia are paraded school children carrying bags stuffed the only States in which business investment with plastic arms and legs in front of the is now higher in real terms than before the Parliamentary Annexe as part of their protest. recession. Access Economics also points out It is interesting that this group formed itself at that Queensland and Western Australia have the very end of a long period of negotiation the strongest investment prospects. between the company and the Department of Treasury’s research, reported in the Environment and Heritage—just before the Queensland Economic Review, also looks at matter was permanently resolved. non-dwelling investment, an area not covered This closure announcement is the by the Access survey. Treasury expects solid culmination of discussions with the company growth in non-dwelling investment in following the installation of a $3.5m, state-of- Queensland this financial year. This will result the-art incinerator which comes on line from several large tourism projects, an tomorrow. This new incinerator, which has emerging investor demand for suburban retail been described as being able to “satisfy clean shopping centres and Brisbane’s relatively low air requirements anywhere in Australia, if not CBD vacancy rates. These forecasts are the world”, is the result of pressure from the echoed by research group BIS Shrapnel which Department of Environment and Heritage. says Queensland would experience the Simply shutting Ace Waste down a couple of strongest growth of all the States in the value years ago would not have solved the problem of non-dwelling commencements in 1993-94. of disposing of south-east Queensland’s The Queensland economy is the hospital waste because there was no strongest in Australia. Business investment acceptable alternative to incineration. My prospects are very good. Jobs are being department’s primary focus has been to see created—73 000 in the past two years. We the older facilities replaced with modern are coping well in the provision of housing and technology as quickly as possible. infrastructure for the 1 000 interstate migrants Now that we have achieved that arriving in Queensland every week. And, as objective, the department will ensure all the Queensland Economic Review again environmental concerns are addressed shows, the State Budget is in a very solid through the application of the strictest position. licensing conditions ever applied in I urge honourable members to read this Queensland. An environmental inspector will publication for a full and frank statistical be dedicated to monitoring the performance analysis of the Queensland economy. of Ace Waste; a time-lapse camera will be installed on the site to provide 24-hour monitoring of their environmental MINISTERIAL STATEMENT performance; and the department will have a Ace Waste Disposal Facility, Willawong computer link to the new incinerator’s pollution monitoring equipment. Hon. M. J. ROBSON (Springwood— Minister for Environment and Heritage) The closure of the older incinerators had (10.09 a.m.), by leave: I wish to inform the been dependent on finding viable and House that today I have announced the acceptable backup measures for when the permanent closure of the two older new facility was undergoing maintenance, or incinerators operating at the Ace Waste in cases of emergency. This will now be disposal facility at Willawong. These addressed through the use of refrigeration incinerators will be shut permanently from 15 facilities to store waste in the event of a shut December. down. Refrigeration will be used, if and when required, in the short term until the company Members may be aware that there have installs a smaller state-of-the-art incinerator, been concerns expressed by local residents which will be a permanent backup to the main about the operation of this hospital waste incinerator. disposal facility. Despite the fact that I have been working for some time, as had my This is expected to be installed in nine to 12 predecessor Pat Comben, on the closure of months’ time, and the smaller facility will be the two older incinerators and their subject to the same strict licensing conditions replacement with a modern facility, there has which apply to the incinerator coming on line 30 November 1993 6136 Legislative Assembly tomorrow. In other words, the new Ace Waste answers to the questions on notice from the incinerators will be the best in Australia. member for Clayfield on 18 November 1993. The “titling and information” area of regional offices provides services under three PERSONAL EXPLANATION departmental programs viz: Land Titles, Land Mr BEATTIE (Brisbane Central) Information and Land Boundaries. (10.13 a.m.), by leave: On 25 November, the Staff working in this area regularly perform Courier-Mail reported, as part of a story on duties from each of these programs. This is in members’ travel, that I had travelled to keeping with the departmental multiskilling Adelaide and Perth in May 1993 on party initiative which seeks to broaden the skills and business. This is totally incorrect. responsibilities of staff enabling variations in workloads and priorities to be easily I travelled to Adelaide and Perth as a addressed. The proportion of a staff member’s member of a parliamentary party committee time working in each of the areas can vary for Family Services and Aboriginal and substantially from one week to the next. Islander Affairs, studying a range of legislative Question 3 issues involving children. I table a copy of a letter written to the Director of Corporate I refer again to my answers to the questions on Services in relation to the details of this notice from the member for Clayfield on 18 November 1993. matter. Working maps are primarily maintained for departmental operations purposes and are QUESTIONS UPON NOTICE subject to constant revision. As a result they are located in regional centres where the 1. Titles Office resources for maintenance are available and Mr ELLIOTT asked the Minister for where the maps are used operationally. Lands— The Department of Lands currently maintains “(1) How many staff are employed in the only one set of working maps. Before the Titles and Information area in each amalgamation of departments in 1989, working of the 34 regional offices of the Titles maps were separately maintained by the Office and in what capacity? Departments of Freehold Land Titles, Valuer- General, Geographic Information and Lands (2) Where a member of staff performs with a limited level of access available through duties relating to more than one area the regional centres of the Departments of of departmental responsibility, what Geographic Information and Freehold Land proportion of that staff member’s Titles. The regionalisation and amalgamation of time is occupied in the various all maps has provided efficiencies not areas? previously possible and provides the added benefit of having all working map information (3) What was the total number of available at the one centre. requests lodged for access and As mentioned in my answer on November 18, copies of the documents for the free access is provided to working maps; period before the maps were taken however charges are made for copies. As a to the regional offices and for the result, statistics are not kept on requests for period after they were taken to the access. regions? As also mentioned on November 18, it is (4) What is and what is not included in estimated that between five and fifteen per the monetary amounts which he cent of overall requests originate from outside outlined in his answer to a question a centre, with many of these requests on notice of 18 November? originating from other departmental offices within the same region. (5) What are the current running costs for the DOCFAX services provided Question 4 throughout all Titles Offices in In 1992-93 expenditure was categorised into Queensland?” discretionary ie. that over which the manager of projects had control, and non-discretionary, ie. Mr SMITH: I table the answer and I ask that expenditure which was centrally controlled that it be incorporated in Hansard . or tied to special funding allocations. Leave granted. The figures quoted in my previous answer are Questions 1 & 2 discretionary expenditure and include expenses such as: It is inappropriate to address such detailed information on departmental activities by wages questions and answers. However, I refer to my overtime Legislative Assembly 6137 30 November 1993

meal allowances Sunshine Coast foster parents also meet travelling expenses regularly in a venue provided by my Department in Gympie, and local community staff training and development offices in Maroochydore. motor vehicle operating expenses In addition, I recently launched the Foster Care equipment purchase, lease, maintenance Handbook during National Foster Care Week. and repair This comprehensive handbook assists postage and telephone careproviders in accessing the range of services available to them and the children they printing care for. legal costs Foster parents are a valuable resource and advertising without their services, the protection of children from serious abuse and neglect may The expenses excluded from the figures are not be possible. My Department will continue non-discretionary and include: to work in partnership with foster parents salaries throughout the State in providing appropriate superannuation standards of care for children, young people and their families. cash equivalent of long service leave payroll tax office rental and outgoings 3. Anti-stalking Laws automated titling system special funding Mr SZCZERBANIK asked the Minister for Justice and Attorney-General and Minister for Question 5 the Arts— Please refer to my previous answers to the questions on notice from the member for “With reference to the anti-stalking Clayfield on 18 November 1993. laws which passed through the Parliament early on 19 November— Does he have any indication that 2. Sunshine Coast Foster Care other States will follow Queensland’s lead Miss SIMPSON asked the Minister for in this area of the law?” Family Services and Aboriginal and Islander Mr WELLS: I table the answer and seek Affairs— leave to have it incorporated in Hansard. “In view of the number of highly Leave granted. distressed foster families on the Sunshine Coast who are considering leaving the Stalking is another example where Queensland foster care system, will she give an is exporting new, progressive and tough laws assurance that she will provide extra to the rest of Australia. support staff for the foster care area in South Australia first followed our lead, however my electorate, so the children do not lose the State elections there have caused a out.” cessation of the project. Ms WARNER: I seek leave to table the The Northern Territory last week introduced and now appears to have passed an answer and have it incorporated in Hansard. amendment to the Territory’s Criminal Code to Leave granted. provide for an offence of stalking, which has a number of elements in common with the recent Staff of my Department are aware of the Act passed by this House on 19 November. concerns expressed by foster parents on the Sunshine Coast recently in relation to the Both the Territory and South Australia have difficulties associated with caring for children followed Queensland’s lead by preparing the and young people in the temporary custody or “two level” offence of stalking, whereby the guardianship of the Director-General. first level carries a maximum sentence of 3 years imprisonment and the second level of My Department is committed to supporting aggravated stalking attracts a maximum of 5 foster families undertaking the often difficult years imprisonment. and demanding task of caring for children and young people. On the Sunshine Coast, Recently, the Australian Capital Territory and Community Adolescent Placement Program has Victoria requested copies of our Bill. Thus it received funding from my Department. This appears that these two jurisdictions will also non-government service recruits, selects, trains utilise Queensland’s pioneering work in and supports foster parents in the local area developing their own stalking legislation. who care for children or young persons. This For reasons which are not immediately clear, extra support provided to foster parents by New South Wales has chosen to introduce an this service is I’m sure welcomed. offence in the Crimes (Domestic Violence) Amendment Bill 1993. However, this provision 30 November 1993 6138 Legislative Assembly

is limited because it is applicable only in current port authority chief executives, in particular or former domestic relationships. Our research Townsville Chief Executive, Mr Richard Kenny, however, strongly indicates that many people who said— who complain of stalking, allege the stalker is unknown to them and that no prior relationship “It’s got all of us worried, we’re going existed between the stalker and the potential to have to pay dividends and taxes. At victim. As honourable members will recall, the end of the day, I don’t see how you Queensland’s legislation avoids that narrow can contain costs. That means increases definition, by ensuring that the law is of general in charges.” application, not merely confined to former or existing domestic relationships. I ask: does the Minister endorse these At the last meeting of the Standing Committee concerns? Does he consider that the of Attorneys-General there was a considerable Government’s revenue policy in relation to amount of interest shown in Queensland’s corporatisation will have disastrous moves to introduce a stalking offence. As a consequences for Queensland ports? result, copies of the Queensland Bill have been made available to Attorneys-General of all other Mr HAMILL: In response to the Australian jurisdictions for their consideration. honourable member’s question, I inform the House that, no, the corporatisation policy will not be detrimental to Queensland’s ports. 4. North American Free Trade Indeed, Queensland’s ports have been Agreement leading Australia in a capacity to improve their Mr SZCZERBANIK asked the Minister for efficiency, to improve their performance and to Primary Industries— win new trade. “What effect, if any, will America’s Mr Borbidge: They’re all wrong, though. decision to proceed with the North Mr HAMILL: I draw the honourable American Free Trade Agreement have on Leader of the Opposition’s attention to the Queensland’s primary industries?” fact that, indeed, Queensland ports have Mr CASEY: NAFTA, essentially, is a free been paying taxes to the Queensland trade arrangement, basically between Government for a very long time. The system Canada, the US and Mexico. In effect, it of taxation that is in place with respect to creates a trade bloc within that region. Queensland’s ports was put in place by the According to some reports, the previous coalition Government. implementation of NAFTA could have adverse Mr Borbidge interjected. impacts on Australia’s rural sector in the areas of meat, $63m, and wool, $21.3m, in exports Mr SPEAKER: Order! to Mexico. If this eventuates through reduced Mr HAMILL: It was called a port levy, importation of these commodities, the impact which was linked to the tonnage handled in will be felt in Queensland, given this State’s ports, and a payment was made to the State dominance in meat. There may be a short- Government. That situation has remained in term impact on sugar exports, but the outlook, place. It is a form of taxation that has borne as a result of NAFTA’s approval, is far more no relationship to the profitability, efficiency or hopeful in the long term. Little or no impact on productivity of a port. the grain industry is expected in the short term. This Government’s corporatisation policy will bring the port authorities and other However, to the extent that NAFTA, in statutory authorities into line with the normal conjunction with APEC—and it is too early to commercial practice in the business sector. put reliance on this—is used by the US to Therefore, the payment of the dividend will be force a favourable outcome in the Uruguay linked to profitability, not simply to a quantity round of GATT by 15 December, then of cargo that is being handled across the Australia stands to benefit overall from any wharf, as it was in the days of the National consequent subsidisation and tariff reductions, Party Government. particularly in grains and sugar in acquiring increased global market share. NAFTA comes into effect from 1 January 1994. Special Provision for Witnesses QUESTIONS WITHOUT NOTICE Mr BORBIDGE: In directing a question to Corporatisation of Port Authorities the Attorney-General, I refer to his comments made this morning that the legal system, Mr BORBIDGE: In directing a question to including the courts, will have to find ways of the Minister for Transport, I refer to criticism of making special provision, frequently, for his Government’s corporatisation program by Legislative Assembly 6139 30 November 1993

Aboriginal witnesses on the basis of alleged Queensland? Can the Premier outline the particular and special features relating to race. Government’s current thinking on this issue? I ask: will he also be making special provision Mr W. K. GOSS: The High Court decision for what he terms “cultural sensitivity” for any in the Capital Duplicators case is one which, if Australian with a distinct ethnic background, or it goes against the States, will have profound is there to be one law for all Australians? implications for all States and, indeed, the two Mr WELLS: I do not think I used the term territories in terms of their Budgets, their “race” at all. It is a term that is favoured by the revenue-raising capacities and their capacity honourable Leader of the Opposition and one to deliver services to the communities that which he uses in the most nefarious way in they represent. I want to make it plain that the this House to inflame prejudices that would Queensland Government has had a senior not otherwise exist. legal team involved in the High Court What I said on the radio program this proceedings opposing any change to the law morning was that a provision of the law of this and taking the position that all States, State, which was introduced into this House in including Queensland, should be left alone to 1989—the special witness provision—is a fix their own taxation arrangements in respect provision which had been frequently and of taxes on products such as liquor, tobacco regularly used by the Director of Prosecutions and fuel, which are the main ones that are Office. I had some information from him vulnerable to an unfavourable decision by the recently indicating that that was so and that High Court. that provision had frequently been used. The I say also that we have been aware that use of that provision is to assist a special the decision could go against the States and witness. A special witness may be somebody that in bipartisan discussions with other States who, by virtue of age, or by virtue of the state and in discussions with the Federal of trauma or shock that the person may be in, Government we have consistently taken a or by virtue of various difficulties with respect position that if, as a result of an adverse to communication, is not as well placed as decision, uniform or increased levels of other persons to sit in open court to give taxation were imposed on any of these evidence. products in Queensland, the Queensland Mr Borbidge: You said “cultural Government would seek to return those tax sensitivity”. increases to the public. Mr WELLS: Now, in those The decision will be handed down next circumstances—— week, on 7 December. We have had some preliminary consideration of the matter, but Mr W. K. Goss: Which Government ultimately the final arrangements will be introduced that provision? determined by discussions with the other Mr WELLS: I thank the honourable States and with the Federal Government. I did Premier for reminding me. This was one of the note with some interest a public call by the more enlightened provisions introduced by the Leader of the Opposition that if the High Court former National Party Government. It was, of decision does go against the States, we course, supported by the Labor Opposition, should prepare an appeal. I do not know but it was one of the honourable members’ whether the Leader of the Opposition means most enlightened initiatives. The effect of that an appeal to the Privy Council. Appeals to the has been to enable evidence to be given in Privy Council ceased 10 years ago. Perhaps court by a large number of people who would he means an appeal to John Howard, who is not otherwise have been able to give the higher authority to whom he tends to evidence effectively in their trial. I think that it appeal when a decision adverse to him has is probably a fair thing to say that the been made. The position is—and I thought we honourable member and his colleagues in the got this message through to the Leader of the last National Party Government ought to be Opposition in respect of the Mabo case, but congratulated on this initiative, and it is a pity we will try again with Capital Duplicators—that that he is now disowning it. there is no right of appeal from decisions of State Taxes the High Court in Australia. It is the highest court in the land. Mr PITT: In directing a question to the Premier, I refer him to the High Court decision In relation to our discussions with the on State taxes to be handed down next Federal Government up to the present—the Tuesday. Has the Government begun working position is that Federal Cabinet considered on options to deal with the outcomes of that this matter last week, and we will be having case, which may be against the interests of more detailed discussions with the Federal 30 November 1993 6140 Legislative Assembly

Government and the other States in the next the House the Government’s plans for week or two. Essentially, the Commonwealth legislating in respect of the High Court’s Mabo Government has taken the position that, if the judgment. case goes against the States, it will implement Mr W. K. GOSS: I feel that I am obliged interim or temporary arrangements to increase to advise all members of the House of the Commonwealth Customs charges such as the process that the Government intends to follow excise on petrol, tobacco and alcohol. It will at this stage in relation to the implementation allow that interim arrangement to be in place of the High Court decision following upon the until the end of February 1995. The increased introduction of legislation into the Federal revenue collected by the Commonwealth will Parliament. At this stage, the State Cabinet be returned to the States. At this stage, we will consider draft legislation at a Cabinet are assured that it will not be a case of the meeting later tonight. If Cabinet is satisfied revenue that is being collected in one State with that legislation, it will go to the being given to another State. It will be parliamentary party tomorrow, in the normal returned to the States in which the increased course of events, and the legislation will then revenue is collected. The Commonwealth will be introduced into this House on Thursday. As distribute the pool of funds according to usual, the legislation will be allowed to lie on Commonwealth Grants Commission data. But the table of the House for a week. I make the the Commonwealth is saying that, after offer to the Opposition to provide one of the February 1995, it requires the States to reach specialist lawyers from the Cabinet Office to agreement on uniform levels for business brief the members of the Opposition or their franchise fees in respect of these three leaders, if they wish, on the State legislation products. and the way in which it interacts with the The Commonwealth Government has Federal legislation. made it plain that if there is no agreement by We are seeking to adopt what is the States in regard to uniform rates, the hopefully a fairly simple and broad structure in Commonwealth will increase its own taxes and relation to Queensland legislation so that the charges on these commodities and simply position in Queensland can be easily pump all of the money so collected into the understood by all members and all people pool of financial assistance grants. The who have an interest in this difficult, complex Commonwealth will then distribute the money and important issue. Essentially, in the on that basis. That would represent a Queensland legislation we will not be seeking significant and very serious loss of control over to just implement the High Court decision. The the States’ own Budgets and revenue-raising Queensland legislation will, most importantly, capacities. It is going to be very difficult for the validate all Queenslanders’ titles. It is States to face up to this. absolutely essential that we deliver certainty to The Queensland Government is all Queenslanders and to the investment opposing any change. We believe that the community. The special Queensland decision of the High Court 33 years ago in the legislation will validate all titles. It will also, as a Dennis Hotels case is a principle which should consequence, protect all Queenslanders and be allowed to stand and that the States Queensland companies, whether they have a should be allowed to continue to levy these mining lease on the cape, a pastoral lease in taxes. If the High Court decides to go against central Queensland or a backyard in Brisbane. the decision of that court in regard to Dennis Whether it is a mining lease, whether it is a Hotels and to rule that these taxes and pastoral lease or whether it is a backyard, the charges are excise and therefore invalid, then title will be validated and the citizen or the we will seek to enter into cooperative company will be protected from liability for discussions with the other States—which will compensation. That is most important, and all be in the same position—and the our legislation will do that. Commonwealth. We will seek to reach Members need to be aware of the fact agreement with the Commonwealth and the that we have to move. I think that the other States that any increase in taxes members of the public are sick and tired of the collected in Queensland can be returned to brawling and the point scoring in this debate. the community. They want to see it tidied up, and we are going to tidy it up in Queensland. We are Mabo going to be the first State to move. At the moment, right round Australia, in departments Mr PITT: I ask the Premier to outline to such as the Department of Mines and the Department of Lands, the issue of titles—and, therefore, economic activity—is starting to be Legislative Assembly 6141 30 November 1993 delayed because State Governments and Mr SPEAKER: Order! I warn the Minister Territory Governments cannot issue titles or for Tourism, Sport and Racing and the leases with a guarantee of validity of that title, member for Beaudesert under Standing Order and with a guarantee in relation to the issue of 123A. native title. We need to move beyond that in the interests of all citizens—both Aboriginal and non-Aboriginal—and in the interests of Sports Grants our economy in general. Legislation has been Mrs SHELDON: I direct my first question introduced in the Western Australian to the Minister for Sport. In light of a grant of Parliament. That legislation will not last five $200,000 by the Federal Sports Minister, Ros minutes in the High Court. Kelly, to the Mount Gravatt Workers Club, I Mr Littleproud: How do you know? ask: has the Queensland Government approved any grants to the Mount Gravatt Mr W. K. GOSS: I am prepared to Workers Club or the Mount Gravatt Australian answer the interjection. That is my opinion, Rules Club for the development of a and it is also the advice that I have received clubhouse? from people who have been specialising in this area for a year. Even if the opinion that I Mr GIBBS: What a weekend it must have have expressed is wrong, State Governments been for members of the Liberal Party! do not have the capacity to deliver legislation Obviously, they sat down and thought, “What that will validate title in their jurisdictions with is the issue of the week? Let us try the any certainty unless the Commonwealth sporting grants. It will be a big winner.” It Government says that it complies with certainly is a big winner for the Opposition side Commonwealth legislation, in particular the of Parliament. In short, there have been no Racial Discrimination Act. If honourable grants—I repeat, no grants from my members think—— department to either of the sporting organisations that the member has Mr Borbidge: You’ve accepted Keating’s mentioned. However, let me make the point position—sold us out. that during recent financial years, on average, Mr W. K. GOSS: Sold us out? The leader under this Government the conservative of the “fruit salad” party went cap in hand to electorates throughout Queensland received Johnny Howard and John Hewson, and they $50,905 from this Government, and the Labor told him that the amalgamation was off. Of electorates received $45,083. course, last week his deputy went down there When I looked at those figures, I thought, cap in hand. She says that she was told that it “What better yardstick to use than the amount was okay. Is it going to be on or off by in sporting grants given in my own electorate.” December? Just watch this blank space. No During the last financial year, my electorate wonder the party is going nowhere! has received $55,049. However, in Mr Hobbs interjected. comparison to that, I thought that I would look Mr SPEAKER: I warn the member for at the sporting grants that were given to some Warrego under Standing Order 123A. of the conservative seats. Mr Speaker, will you bear with me for a moment while I roll them Mr W. K. GOSS: The Leader of the off? The seat of Beaudesert received Opposition hitched his leadership to $63,000; the seat of Callide received amalgamation. Eighty-two per cent of $101,000; the electorate represented by the conservative voters want it and he cannot honourable the Leader of the Liberal Party deliver, because John Howard will not let him. received $69,000; the seat of Gregory, held He should not talk to me about selling out to by Mr Johnson, received $143,000; the seat Canberra. of Gympie received $73,000; the seat of Honourable members interjected. Lockyer received, $81,000; the seat of Mr SPEAKER: I will wait for a while. It is Maroochydore received $136,000; the seat of your question time. Does the Leader of the Mooloolah received $70,000; the seat of Opposition want to talk to the Premier? Nerang received $6,000; the seat of Nicklin received $79,000; the seat of Noosa received Mr Borbidge interjected. $85,000; the seat of Southport received Mr SPEAKER: Order! I warn the Leader $78,000; the seat of Surfers Paradise— of the Opposition. represented by the Leader of the Opposition; Mr Gibbs interjected. he did not do too badly—received $36,000; the seat of Tablelands received $77,000; and Mr Lingard interjected. the seat of Toowoomba South received $58,000. 30 November 1993 6142 Legislative Assembly

The impartiality of this Government is which I or the Machine Gaming Commission there for all to see. However, let me tell should intervene. members the disgraceful thing that has The member took part in the Gaming emerged out of this exercise. Upon looking Machine Amendment Bill debate. If she through my department’s records, I found that believes that the arrangement that, obviously, my department has not received one letter of has been worked out between those two clubs representation from any of those members on contravenes the Act—— behalf of their electorates asking for funding. Despite the abysmal representation by their Mrs Sheldon: I asked you. members, those electorates have received Mr De LACY: I do not know what is going that money. on. The member should not ask me. If the Mrs SHELDON: I rise to a point of order. member has information that she believes That is a classic misrepresentation by the constitutes a contravention of a law that was Minister. Obviously, he binned my letters of passed by this House, I believe that she has a representation. duty to make that information available. If she makes that information available to me, I will Mr SPEAKER: Order! There is no point of have it looked at. order. I suggest that the member makes the Mr CONNOR: I rise to a point of order. I information available to the Machine Gaming call on the Minister to table the document to Commission, which is the appropriate body to which he was referring. look at the arrangement, instead of using it to Mr SPEAKER: Order! There is no point of try to score empty political points. I might say order. that, on face value, it seems to me that it does not contravene the legislation that was passed last week. Mount Gravatt Workers Club; Mount Gravatt Australian Rules Football Club Mrs SHELDON: In directing my next Jupiters Ltd question to the Treasurer, I refer him to the Mr LIVINGSTONE: In directing a question Gaming Machine Amendment Act, which was to the Treasurer, I refer him to allegations by passed by this House earlier this month, and the Deputy Leader of the Coalition in this which directly prohibits the involvement of House on 15 July about insider trading in the outside influences and entrepreneurs in the shares of Jupiters Ltd before the development of sporting clubs for financial announcement of the preferred applicant for gain from poker machines. In the proposal for the Brisbane casino licence, and I ask: have terms of agreement between the Mount those allegations been investigated and, if so, Gravatt Workers Club Inc and Mount Gravatt what has been the outcome of those Australian Rules Football Club, point 4 investigations? states— Mr De LACY: I think this question puts “For the whole period of operation of into context the question that the Leader of this agreement, the Mount Gravatt AF the Liberal Party just asked. There is never Club is not liable for any costs associated any concern for facts and never any concern with the development, planning or for getting it right; just a concern for making construction of the proposed new club allegations, making smears and hoping that premises.” somewhere, some time they will stick. I ask the Treasurer: does this agreement Honourable members may remember that, in not contravene the Gaming Machine the Gold Coast Bulletin of 16 July this year, Amendment Act? the Leader of the Liberal Party launched an attack on me, on Labor companies, on Mr De LACY: Does it? Obviously, the Jupiters casino—and on everybody else whom member has looked at it; I have not. she could think of—in respect of so-called Mrs Sheldon: It’s about time you did. insider trading in Jupiters’ shares. It was Mr De LACY: If the member has reported that— information, she should provide it to me. “Labor companies and Labor ‘friends’ Having listened to what the member has said, had been involved in ‘looting’ the share it seems to me that two clubs are making an market during the tendering process for arrangement. If those two clubs operate under the Brisbane casino . . . that mutuality ethos of the club system, then I She raised the questions because of would not expect that it would be a case in concern”— Legislative Assembly 6143 30 November 1993 whose concern; her concern— Mr FOLEY: I was indeed pleased to see “about ‘the insider share trading and the 100th enterprise bargaining agreement alleged deals over the tendering process struck at the John Flynn Hospital and Medical for the Brisbane casino.’ ” Centre complex. I thought originally that that was a hospital dedicated to that great She made those allegations in this House in Queenslander and medical practitioner Dr total contravention of the facts and in John Flynn, the former member for ignorance of the fact that the Australian Toowoomba North. But as it turned out, it is Securities Commission and the Australian not in honour of Flynn of the Downs but Flynn Stock Exchange had looked into the of the Outback, both of whom had made allegations and found that there was no case great contributions to Queensland medical to answer. Nevertheless, she got her cronies practice. in Canberra to launch a Federal parliamentary joint committee on corporations and securities The benefits to Queensland industry are inquiry. What did it say? It said that there was exemplified by this agreement. They include nothing that it could pursue and that there such matters as the comprehensive broad were no questions to answer. banding of the classification structure, flexibility in the hours of work, a flattening of penalty She spoke of all of the things that she rates for shift and weekend work, and thought were wrong. She defamed me and Mr provision for employees who work Sundays Brusasco, the Chairman of Labor Holdings. and public holidays as part of their ordinary She defamed Jupiters. When the media hours to accrue additional annual leave. I phoned her last week for a comment on the visited the site and spoke with workers and Federal inquiry, she made no comment. I with management last week. I was impressed think that puts into context the way she carries with the cooperative approach designed on on. The way in which she asked her last the part of both parties to boost productivity, question was an example. If she can cast and to share in the benefits of that innuendo—— productivity. Mrs SHELDON: I rise to a point of order. I There have been 102 enterprise ask the Treasurer to withdraw that statement. I bargaining award agreements ratified by the find it offensive and untrue. No-one rang me Queensland Industrial Relations Commission, up at all. covering over 44 000 Queensland employees. Mr SPEAKER: Order! I ask the Treasurer Most of those agreements—some 81—have to withdraw. been made under the certified agreements Mr De LACY: Thank you, Mr Speaker. I legislation that I introduced into this House, accept that nobody asked her, but her office the rest being made under the award making was rung and it would not comment. What and industrial agreement provisions. she should do, if she had any honour—— This benefit to which the honourable Mrs Sheldon: Mr Speaker, I asked for a member referred is spreading widely withdrawal. throughout Queensland industry—into rural industry, construction industries, community Mr SPEAKER: Order! The Treasurer has services, electricity, gas and water, accepted the point of order. I ask the manufacturing, mining, recreation, transport Treasurer to say, “I withdraw.” and storage, and wholesale and retail trade Mr De LACY: I withdraw. She should industries. All of those groups have enterprise apologise to all of those people whom she bargaining agreements. In short, this is an defamed and defamed absolutely. example of the Labor Government’s approach to industrial relations to encourage flexibility, boost productivity and to safeguard the Enterprise Agreement Legislation interests of workers. Mr LIVINGSTONE: I refer the Minister for Employment, Training and Industrial Relations to the official announcement of Queensland’s Director-General of Department of Primary 100th enterprise agreement at the John Flynn Industries Hospital and Medical Centre complex at the Mr LINGARD: My first question is to the Gold Coast last week, and I ask: can the Minister for Primary Industries. I refer him to Minister inform the House of the benefits of the majority finding of the Public Accounts Queensland’s enterprise agreement legislation Committee that the director-general of his for the State’s businesses and workers? department did not fulfil his duties under the Financial Administration and Audit Act. As this failure is a direct breach of section 12 (1) of 30 November 1993 6144 Legislative Assembly the Public Service Management and The magistrate, Mr Marshall Davies, of the Employment Act and as, presumably, he has Southport Magistrates Court, suggested that now had an opportunity to discuss this matter random breath tests and drink-driving with Mr Miller following his return from penalties were not a deterrent to many overseas, I ask: what action does he intend to motorists. I can agree with the magistrate only take concerning this breach and will this up to a certain point. There continue to be include the sacking of his director-general? some motorists who have scant regard for Mr CASEY: It is true that, for the last few their welfare and the welfare of other road weeks, Mr Miller has been away overseas users by taking to the road with unacceptable representing the States of Australia at a very and illegal levels of blood alcohol. I also draw important conference of the Food and the attention of the House to some important Agriculture Organisation in Rome. It was not statistics compiled by the Road Safety Division until yesterday, in fulfilment of the which indicate that, contrary to the claims commitment that the Premier and I discussed made by some other people in that article, the some two or three weeks ago, that I had a important road safety message regarding discussion with Mr Miller. He is considering the drink-driving is being heard by the majority of matters that we discussed and we will be motorists in the community. talking further about this subject later in the I point out that the introduction of random week. breath testing and a heavy concentration on anti-drink-driving advertising is getting through to the motoring public. In fact, this year’s road Australian Friesian Sahiwal Project accident data reveals that, in 1993 to date, Mr LINGARD: In directing a second there has been a 6 per cent reduction in the question to the Minister for Primary Industries, number of road fatalities involving alcohol I refer him to the proposed sale of the AFS compared with the trend for the previous four project and associated genetic material, years. That also extends in more dramatic details of which will soon be submitted to terms to a significant reduction of 14 per cent Cabinet, and I ask: will he outline to the in other road trauma which has involved Parliament what process he, as Minister, has hospitalisation and in which alcohol has been put in place to ensure that his departmental a factor. Again, that figure is 14 per cent officers and personnel in charge of the Wacol below the four-year trend previously prevailing. artificial breeding centre have not been The festive season is a time when all involved in improper procedures involving the motorists should take to heart the anti-drink- supply of information for that tender? driving message. To date, the road toll for this Mr CASEY: Nothing has been held back year stands at 20 fewer than the road toll for at all in relation to the matters that were made the same period last year. It is my fervent wish available to all those people who are that we will complete 1993 with an interested in tendering for some part, or the improvement on the road toll for 1991, which whole, of the AFS cattle divestment program was a 30-year low. I trust that those people for which public tenders were called. They who intend to enjoy a bit of liquid refreshment were called on the same basis as is the case during the festive season make sure that they for all public tenders called by the Queensland leave their car keys at home. Government. Those procedures have been followed. The negotiations have been finalised since the tenders were received, and the Standard Gauge Rail Link Project matter will be going before Cabinet shortly. Mr BEATTIE: I ask the Minister for The procedures have been followed. Transport: could he please inform the House as to the outcome of a recent judicial review of the Government’s decision to commence Drink-driving construction of the standard gauge rail link Mr BEATTIE: I ask the Minister for project? Transport: in response to the recent article in Mr HAMILL: The standard gauge rail link the Courier-Mail in which a Gold Coast to the port of Brisbane is one of the most magistrate likened drink-driving in Queensland exciting infrastructure projects that this to a national pastime, can the Minister for Government has put in place. Indeed, it fits in Transport please outline to the Parliament well with the port’s strategic plan, which was what the State Government is doing to reduce issued yesterday after the Cabinet meeting. drink-driving on Queensland roads? Interestingly enough, some people have tried Mr HAMILL: I thank the member for to stand in the way of that important drawing my attention to the article in question. infrastructure proceeding. Indeed, an Legislative Assembly 6145 30 November 1993 application was made in the Supreme Court considerations. The Goss Government has by 12 applicants, who were largely members removed the restrictions imposed by the of the South East Brisbane Progress National Party Government. That will minimise Association and the Freight Rail Action Group, constraints on exploration in the basin and which was formerly known as FEAR. Fear was allow exploration firms to make their own their stock in trade, because that group commercial decisions. sought to cause a lot of concern among The removal of the restrictions was a residents by suggesting negative impacts that landmark for the Queensland coal industry, the standard gauge rail link would have along which has eliminated the heavy-handed that rail corridor, which has existed in the intervention that characterised the previous eastern suburbs of Brisbane for over 100 Government’s handling of the Bowen Basin years. coal area. As part of a move to boost Those members who are vitally interested Queensland’s coal industry, the Department of in the economic growth of south-east Minerals and Energy prepared detailed Queensland and the creation of jobs will be technical information packages relating to 12 pleased to note that, when that application highly prospective coal-bearing areas. Those went before the Supreme Court of information packages have been sold to 35 Queensland, Mr Justice Derrington threw it companies right around the world. The out, indicating quite clearly that the applicants response has been nearly double that which I did not have a case on any of the grounds on originally anticipated it would be. Potential which they sought a review of that decision. investors who wish to gain exploration rights to Those people who will gain employment the various areas can submit tenders in a through that important infrastructure modified cash bidding system, starting project—on which $84.5m is being spent over tomorrow. Those tenders will be opened on 4 the next 18 months—will be thankful to Mr January next year. Justice Derrington for his decision. Likewise, As an extra incentive for companies to those people who will gain employment in the participate in the bidding, the Government has port of Brisbane and in ancillary industries will successfully negotiated with the be thankful to Mr Justice Derrington for Commonwealth Government to allow tax throwing out the application. The Queensland deductibility of cash bids for onshore mining Government is also pleased, because this projects. There has been a very strong interest project will see a very important addition to in this concept. It is a landmark for the infrastructure in south-east Queensland come Queensland coal industry. We expect to see to fruition. from it an increase in the level of carefully targeted, commercially justified exploration. Bowen Basin Coal Exploration Permits This will ensure that, when companies make investment decisions, they will do so with the Mr DAVIES: I direct a question to the benefit of full and relevant information. Minister for Minerals and Energy. I have seen Needless to say, I am expecting some healthy a number of references in the media recently participation during the bidding process. I to exploration permits for coal areas in the believe that this exercise will lead to further Bowen Basin coming up for tender. I ask: can major development in the Bowen Basin and the Minister inform the House of the situation will greatly boost Queensland’s business relating to those areas and whether there has export industry. been any initial interest in the venture? Mr McGRADY: I thank the honourable member for the question. The media reports Import Replacement Measures to which he refers concerns the RA 55 coal Mr DAVIES: I ask the Minister for exploration area, which this Government Business, Industry and Regional opened for exploration and evaluation. The Development: can he outline steps that the area was locked up by the previous Queensland Government has taken to Government back in the 1970s. That action improve its economic performance through prevented coal companies from making import replacement? applications for exploration permits. The old Mr ELDER: I thank the member for the system was highly restrictive and had reduced question. He raises an important element of overall exploration in that area of the State. It economic development, that is, import amounted to the Government dictating the timing and the targets of exploration effort, replacement. We are certainly focused on rather than allowing companies to make their improving our export performance in this own decisions based on commercial State, and have done so over the last four 30 November 1993 6146 Legislative Assembly years. Import replacement is another area that Government to prevent itself from being can create job opportunities and wealth for the questioned. Another Minister was State—in other words, by pouring that activity filibustering—— back into the manufacturing sector of this Mr SPEAKER: Order! The honourable State. Under this Government, exports of member will resume his seat. manufactured goods have increased Mr SANTORO: It is part of the Matters of substantially from $3.2 billion to $5.2 billion in Public Interest debate. the period that we have been in Government. Mr SPEAKER: Order! I am on my feet. Import replacement can add to the That is a reflection on the Chair. I ask the weight of improving job opportunities. The honourable member to withdraw that. Industrial Supplies Office is the vehicle by Mr SANTORO: Mr Speaker, in deference which we attack that import replacement to—— activity. The charter of the Industrial Supplies Mr SPEAKER: Order! The honourable Office is to look at what can be done to member will resume his seat. It is his 10 enhance local manufacturing by linking like minutes that we are using up. I ask the manufacturers to ensure a broader Australian honourable member to withdraw that and Queensland content—in other words, comment because it is a reflection on the remove the imports from the system. Chair. I run question time in this Chamber, and I run it in accordance with the Standing This year, the work of that organisation Orders. I ask the member to withdraw that has been dramatic. Some $28m worth of comment unequivocally. imports, particularly in the manufacturing Mr SANTORO: In deference to the Chair, sector, have been converted into I withdraw unequivocally. However, it was not manufacturing opportunities for local firms. If a reflection on the Chair; it was a reflection on one extrapolates that and looks at it in terms the answer by the Minister. of job opportunities, it amounts to Mr SPEAKER: Order! I ask the approximately 850 extra jobs for the honourable member to withdraw without Queensland economy from import qualification. replacement activity. Members opposite Mr SANTORO: I withdraw without should have some interest in this topic. They qualification. say very little about this area of activity, but they should show interest in how it helps On 17 November, the Treasurer told the generate jobs and opportunities for the Parliament in a boastful fashion of his Government’s record in the area of job Queensland economy. creation. The Treasurer said— In Rocklea—and the member for “The fact is that there are 68,200 Archerfield would know of this company—the more Queenslanders working today than Australian Gymnasium Group used to import were working on 2 December 1989.” weights from China. It no longer does so. The He then said— work of the Industrial Supplies Office has assisted that company to access steel from “There have been 68,000 new jobs created since the Goss Government BHP, and it now makes the weights in this came to power.” country and exports them to China. That is a good example of how the policy works. In the Obviously, the Treasurer seeks to portray his Government’s record in the area of job electorate of the member for Fitzroy, the creation in the most favourable light. However, Rockhampton City Council once imported in attempting to do so, he and his rollers from Europe at a cost of $50,000. They Government should not seek to hide some of are now manufactured locally. the very unpalatable facts about employment Mr SPEAKER: Order! The time for creation and unemployment generation in this questions has expired. State. The figures quoted by the Treasurer on MATTERS OF PUBLIC INTEREST 17 November were correct. On the surface, Employment Record under Goss they can be portrayed as a respectable Government performance. However, let me compare those figures with the figures for the three years Mr SANTORO (Clayfield—Deputy Leader leading up to Labor’s attaining power in of the Liberal Party) (11 a.m.): Again, we have Queensland. In that period, the former seen another disgraceful attempt by the Legislative Assembly 6147 30 November 1993 conservative Government created 189 800 Queensland householders and are therefore new jobs in this State—almost three times that subject to sampling error, non-sampling error created by the Labor Party since 1989. What and statistical error. is more, it created permanent, full-time An alternative measure of unemployment jobs—128 000 of them—or more than two in that is not subject to those errors is the every three jobs created. That compares with number of people receiving unemployment only 20 600 new full-time jobs—less than one benefits in Queensland from the Department in three—in almost four years of the Labor of Social Security. That is also not good news Government. That shows that the so-called for the Goss Government. When the Goss employment machine of Queensland, which Government came to power in 1989, the the Government would like us to believe number of people receiving unemployment exists, is largely illusory. benefits in Queensland totalled 74 000. By Labor has presided over a “golden the end of May 1991—the bottom of the arches” economic revolution, one based upon recession, as identified by the Treasurer—that the growth in part-time, temporary had risen to 119 800. Since the bottom of the employment at the expense of permanent recession, a further 36 500 unemployed have jobs. No more than one-third of those jobs are been added to the Department of Social full-time jobs. As I have said before in this Security unemployment list. The latest figures place, that means that thousands of the so- show that more than 156 500 Queenslanders called jobs being created by the Queensland receive unemployment benefits in this State. Goss Labor Government are part-time jobs. That means that, under four years of Goss The creation of those jobs, although obviously Labor Government, the dole queues in helpful to those who obtain them, does not Queensland have more than doubled. solve the problem of endemic unemployment Since the Goss Government was re- under Labor. All that it does is obscure the elected in September 1992 and after the real problem, that is, the structural weakness recession was supposed to have “bottomed”, in job creation for those searching for full-time the number of people receiving work. unemployment benefits in Queensland has Those facts may not be all that palatable been increasing by almost 1 000 a month. to the Government, but the more one looks at The statistics quoted tell the story only of them, the worse it gets. To be counted as those who were caught in the various “employed” by the Australian Bureau of statistical nets that are cast by the various Statistics—the figures that the Government authorities. As Wallace Brown said recently in likes to quote—one only has to have worked the Courier-Mail— for one or more hours for pay, profit, “When Australia’s ‘hidden’ commission or payment in kind in a job or unemployment and ‘under-employment’ business or on a farm, or for one hour or more are also taken into account—meaning without pay in a family business or on a farm. those people who have given up looking To take it to the extreme, under those for jobs and those who can only get part- definitions almost two-thirds of the jobs time work when they want full-time created under this Government may have work—the picture is much worse. The been generated by persons who have worked total is about 20 percent.” for only one hour in a week in an unpaid job. That is, of course, highly unlikely. However, if Mr Brown then stated that the opinion and those jobs are mostly only part-time, it estimate by an unnamed public servant— demonstrates just how fragile employment “. . . coincides with an estimate by the growth is and how foolish it is to thump one’s Canberra-based consultants Access chest and boast about job creation. Economics . . . which has been closer to To understand better the real state of the mark in its forecasts than the Queensland’s unemployment position, it is Government over the past 12 months. worth while to look also at the way in which Access Economics puts the rate of alternative measures of unemployment in this this wider definition of unemployment at State have performed under the Goss Labor 20.1 percent.” Government. We constantly hear about the That is a truer picture of the legacy of despair Government’s job creation policies and the which is inflicted on the Australian community number of new jobs created. We even hear by the dead hand of Labor. occasionally about a small increase or, less frequently, of a small decrease in the number However, the story gets worse. If one of unemployed in Queensland. Those looks at the issue of teenage unemployment, comments are based on ABS statistics, which one sees that the performance of this State we all know are based on a sample of Government is also very much under 30 November 1993 6148 Legislative Assembly question. The latest teenage unemployment It is very disappointing that, over the past statistics show clearly that the raw teenage few days, the ACTU has been calling for more unemployment rate is 31.1 per cent, but if one of the same. For example, the ACTU called for looks at the teenage unemployment to a $3 billion levy on taxpayers and the private population ratio, one finds a rate of 14 per sector when, clearly, the types of schemes cent, which is the second highest in Australia, that the ACTU wants to fund through that $3 with only Tasmania being higher at 14.5 per billion levy do not work. The ACTU suggested cent. The tragedy of unemployment is getting that the levy could apply to workers earning worse as many of the unemployed become under $36,000 but fended off assertions that long-term unemployed with all of the adverse it was a blueprint for a new income tax. Highly side effects that that entails, including the loss likely! The Wayne Swan solution is “for the of self-esteem and self-confidence, the loss of Government to adopt more expansionary and skills and stigmatisation. interventionist policies”. In the job creation What is more worrying about long-term sector, nowhere is there talk of tax reduction, unemployment is that it is now spawning cut-backs in bureaucracies and other real relief second-generation unemployment. According for small businesses. to the Courier-Mail, the annual report of the The position of the Opposition has always Brotherhood of St Laurence that was released been clear. Government spending must be a few days ago tells the following sorry tale— reduced. The real tax burden must be “One in four Australian children are reduced. To that extent, we compliment the being raised in a family where both Premier for his recently announced intention parents are unemployed. to reduce payroll tax on that part of payroll that comprises young people’s salaries and Their parents’ plight is affecting the wages. That is a good initiative, which has children’s chance of finding work. been advocated by the opposition parties for The brotherhood’s social policy the last three elections. If the Premier research director, Alison McClelland, said proceeds along that line—which we the number of children whose parents encourage him to follow to a far greater were out of work had risen substantially in extent—the Opposition will support him. the past 10 years. Time expired. One million Australian children—about 25 percent—are now growing up in families where neither Drought parent is working.” Mr PALASZCZUK (Inala) (11.10 a.m.): In So what is the Labor Party’s solution? the parched areas of central and south The knee-jerk reaction by the Labor Party is to western Queensland, many towns are now devise a multitude of work schemes, training enduring their third year of the worst drought schemes and other schemes that artificially since white settlement. Some 50 per cent of lower the unemployment levels and rates, but the State, including around 16 000 properties, only very temporarily. As Professor Judith are now drought declared. That old Australian Sloan, the Director of the National Institute of credo, “Australia rides on the sheep’s back” Labour Studies at Flinders University, has now become a tragic eulogy. concluded recently in the 1993 Bert Kelly Those areas of Queensland have lecture series— become rivers of blood as millions of sheep “Clearly, however, there are have been shot by debt-ridden farmers who legitimate concerns for the unemployed can no longer afford to feed them. From the in the short term, and any measures air, huge areas of outback Queensland which can assist them should be seriously resemble a war zone, where flattened mulga canvassed. Unfortunately, it is difficult to lays stripped by hungry stock and the gnarled be particularly optimistic about the and twisted trees are interspersed with the potential efficacy of employment policies remains of the stock in a vast ecological in terms of reducing unemployment charnel house. It covers areas that will never overall, or long-term unemployment, in regenerate; areas that are simply deserts in particular. And given the large sums of the waiting. taxpayers’ monies spent on employment Some members will say that the farmers policies, it is important to bear this have sown the wind by overstocking and land conclusion in mind—they don’t work—in degradation and are now reaping the the sense that they don’t reduce whirlwind of drought and stock destruction. In unemployment overall.” some cases, this is quite true. However, the Legislative Assembly 6149 30 November 1993 problems caused by this drought are of such Parliament, is the demise of the small country magnitude that its effects impact upon the towns. Many people believe that this is as a entire population of Queensland, directly in direct result of Government policies. That is the case of farmers in the rural communities, possibly so, yet the drift away from the smaller or indirectly for residents of the cities and towns to the larger centres has been going on coastal regions. It is about time that we forget for the past 76 years. about blame. Mr Johnson: The last 25 years—a 36 per In Australia, we tend to romanticise life in cent drop. the bush due to the poetry of Henry Lawson Mr PALASZCZUK: I will take that and Patterson and the ballads of Slim Dusty. interjection from the honourable member, The bush has become the wellspring of the because for 21 years of the past 25 years Australian identity. As a result, life in the bush Queensland was ruled by a National Party receives more media attention than life in the Government. city, even to the extent that city people and, of course, people in the media, tend to Mr DEPUTY SPEAKER (Mr Bredhauer): romanticise the drought. Order! The honourable member should not interject from other than his correct seat. Over the years, Queensland has been subjected to many droughts. Usually, the Mr PALASZCZUK: Even the most rabid people of the bush can survive a straight anti-Labor member opposite cannot say that drought—the support systems within the the Labor Party has been in power for the communities have managed to hold past 76 years. By his interjection the everything together—but this drought is honourable member has added credence to different. In 1993, the rural communities were what I just said. already down. The support systems were Basically, the problem is that with weakened and under stress when the drought improved roads, improved communication, hit. The world recession had lowered improved transport and farm mechanisation, commodity prices, and the wool industry had the drift to the larger country centres has kept collapsed. pace with improvements in technology. Mr Elliott: Interest rates. Graziers who need new parts and Mr PALASZCZUK: I include interest rates equipment for their machinery naturally will go as well. Should the drought eventually break, to the larger country centres where better there is no guarantee that some of these rural facilities are provided. That is quite logical. communities will return to their previous Townspeople also gravitate towards the larger condition. Thirty per cent of all wool growers centres for grocery shopping and for other and around 20 per cent of wheat purchases. This drift to larger centres by farmers—mostly on smaller properties in the residents of smaller towns for shopping and south west—will have to leave the land. related activities has led to the closure of Around Charleville, the average farm debt is shops and businesses in the smaller towns. around $500,000. Land which sold for These closures have led to an increase in $18,000 an acre back in 1989 now sells for $2 unemployment in the smaller country towns, an acre, if a buyer can be found. In 1987, a exacerbating an already serious position. sheep was worth $45 and a bale of wool Unfortunately, wool growers indirectly are brought $1,170. Now a sheep is worthless and contributing to the demise of some of the a bale of wool brings between $300 and smaller towns. Wool growers who continue the $400. The average age of graziers now is practice of hiring New Zealand shearers at the approximately 58 years. Families of graziers expense of local shearers compound the do not want to follow in their parents’ footsteps negative effect on local businesses. With and continue on the land. Under these approximately 50 per cent of shearers who are conditions, who could really blame the sons employed coming from New Zealand, the wool and daughters for walking off the land? growers are adding to the drift of people away from the small country towns. I do not say this However, I believe that as we come out lightly. The short-sighted and hypocritical of this drought—and rainfall over different policy on the part of the wool growers has areas of Queensland over the past two weeks already and will continue to rebound on them. has been encouraging—our young country people will again take up the challenge, as Wool growers cannot expect to import their parents have, to return our vast outback cheap labour from New Zealand to shear the country to its former pioneering glory. sheep and then attempt to sell the wool to the Australian community without those same Another issue of considerable interest to consumers kicking up a fuss. Country people country people and, of course, to members of 30 November 1993 6150 Legislative Assembly continually tell the people in the city to buy This policy followed extensive industry Australian-made products. I agree with that. consultation over a two-year period and is an However, the double standards here are that ongoing process. For this, the Minister for the wool growers are hiring shearers from Primary Industries needs to be congratulated. overseas to do the work of Australians. This comprehensive policy formed the As it now stands, the Kiwi shearers come blueprint of the national drought policy and is to Australia for the season and they either aimed at making producers less vulnerable to export their income to their own country or the uncertainty of the environment by they spend it on the Gold Coast. Businesses encouraging them to incorporate drought in the regions where the wool is grown receive management into their normal property nothing from these imported shearers. If wool management procedures. growers employed local shearers, they would This financial year has seen record claims find those wages would be spent within their for assistance. The State Government has own communities to the benefit of those provided $8.5m for freight subsidy assistance communities. in the first four months of this financial year. Mr Littleproud: What about the New The allocation in the State Budget has Zealanders? increased from $5m to $12m. A number of other measures have been introduced, too Mr PALASZCZUK: The New Zealanders many for me to enumerate now. either go down the Gold Coast to spend the money and live it up or go back to New I will alert honourable members on both Zealand and spend their money. sides of the House to the wonderful publication titled the Drought Bulletin, On my many journeys throughout rural produced by the Department of Primary Queensland, I encountered country people Industries. I urge all honourable members to who still have not yet come to grips with the take the time to read it to learn exactly what fact that a Labor Government is in power. On the State Government and its Department of the part of some primary producers there is a Primary Industries are doing to try to alleviate belief that they do not matter to the some of the problems that people in the Government, that they are the forgotten drought-affected areas are experiencing. I people. Nothing could be further from the table that document. truth. Time expired. Mr Johnson: You’re in power. Tell your Federal colleagues to do something about it. Mr PALASZCZUK: I acknowledge that at Former Police Superintendent Huey times there have been problems in the Mr GRICE (Broadwater) (11.20 a.m.): The relationship between George Street and the people of Queensland need to be able to bush. have faith in the criminal justice system as Mr Budd interjected. administered by their elected Government. I have recently been given material showing Mr PALASZCZUK: I was about to call that they cannot have that faith. “Order!” but I will not. Not all of those perceived problems were the result of I have previously raised the activities of Government actions. Some stem from the fact former police Superintendent John Huey, a that, unlike the old days under the National key figure in the Fitzgerald inquiry and in the Party when farmers had first call on the so-called reform process. He was a key figure attention of Government, nowadays farmers in creating the atmosphere and the headlines are treated with the same care and attention which led to the election of the Goss Labor as all other sections of the community. Government. Huey had been well known Despite the mirth from the Opposition among criminal lawyers as a liar and a benches, I point out that equality can be fabricator of evidence—a verballer—but his unnerving when it is first encountered. future under the new Goss Labor Government was assured. He was to have an even more With that in mind, I would like to touch powerful position until the intervention of two lightly on some of the measures initiated by detectives, Gordon Harris and John Reynolds. this Government to address the problems of Labor’s paranoia to protect Huey meant that this drought and those of future droughts. In both were hounded out of the Police Service February 1991, this Government initiated the but, along the way, an opinion was prepared implementation of a 10-year self-reliance by the Director of Prosecutions—the Miller program aimed at eliminating the need for opinion—which has had a fairly wide existing State Government freight subsidy circulation. It was the undoing of John Huey. It arrangements that applied during drought. Legislative Assembly 6151 30 November 1993 has never been released publicly because of Mr GRICE: Wait for it! Mr Mackenroth the investment the Goss Labor Government was subpoenaed, and he did attend the court. has in the past activities of Huey. But it is After the magistrate ruled in favour of the slowly dribbling out. Crown claim that his evidence was not I believe that the Government should relevant to the matters before the court, he release the full text of the Miller opinion. It did not go into the witness box. would be highly embarrassing to the Labor It is interesting to note that the Party, but it would provide a start to restoring prosecution for the Crown was put in the public confidence in the criminal justice hands of Mr Russell Hanson, QC—Huey’s system. That system is seriously compromised barrister at the committal hearing in 1983 because it is built partly on Huey’s lies and when Huey was charged with conspiracy to because of the succour which it continues to pervert the course of justice. As a reasonable provide him. Some members of the House will man, I find it totally inappropriate that the recall that Detective Harris was put on trial in Crown should have made that arrangement. relation to Huey’s official diaries. Harris was The prosecution was clearly in retaliation for found guilty by Magistrate Gribbin on one of Harris’ investigation of Mr Hanson’s client, seven charges, but he was discharged Huey. I believe that Mr Hanson faced great absolutely. The magistrate would not record a difficulty in the transition from the defender of conviction because he was convinced that the Huey to that of disinterested presenter of a charge was of a trivial nature. In common with Crown case against Harris. In the event, Mr the Director of Prosecutions, Mr Gribbin found Hanson was able to convince the magistrate that Harris had acted with honesty, integrity not to hear Mr Mackenroth or Mr Justice and without malice. The Crown was not Spender of the Federal Court, who had satisfied and appealed against the findings, in previously prosecuted Huey. But the addition to making an application for magistrate did hear what Mr Mackenroth had costs—presumably to put more pressure on planned to tell the court. Harris. Mr Greenwood told the court that the The Court of Appeal refused to upset the former Police Minister would say that in about findings of Magistrate Gribbin. In the end, the August 1990, a proposal was brought to his Government failed in its objective of using the attention by the Commissioner for Police to case to discredit and financially ruin Harris. promote John William Huey to head the However, the case provided clear and professional conduct section of the compelling evidence that very senior people in Queensland Police Service. Mr Greenwood the Goss Government knew that John William said that Mr Mackenroth would say that he Huey was a liar and a perjurer—in short, a was opposed to that appointment. What Mr fabricator of evidence. Greenwood next told the court is most Government members interjected. important, and I quote from pages 398 and 399 of the transcript of the hearing, which I Mr DEPUTY SPEAKER (Mr Bredhauer): table— Order! The House will come to order. “He’ll give evidence that at about late Mr GRICE: That is the obvious conclusion August, September 1990, a report or from evidence that the former Police Minister, document under the hand of Mr. Miller, Mr Mackenroth, was prepared to give in the Director of Prosecutions addressed to the case. Attorney-General came to his notice and I Mr T. B. Sullivan interjected. will ask him to view Exhibit 26 and Mr DEPUTY SPEAKER: Order! The Annexure 38 in Exhibit 2. He’ll give member for Chermside! evidence that to the best of his recollection, it was the whole of that Mr GRICE: I now put it on the record that document which at the time came to his the former Police Minister appears to have notice. He’ll further give evidence that, on been the only member of the Goss the basis of matters contained in that Government who attempted to act honourably report other than those which are and honestly with respect to the Huey matter. exhibited before you, he instructed the Before the Harris trial started, Mr Bob then acting Commissioner for Police to Greenwood, QC, spoke with Mr Mackenroth present an option to Huey to resign from with a view to Mr Mackenroth giving evidence the Queensland Police Service on the in the case. Mr Mackenroth agreed to attend basis of a judgement that he made on the court if he was subpoenaed, and he the basis of what appears in the rest of outlined the evidence that he would give. that opinion.” Mrs Edmond: Read the report. 30 November 1993 6152 Legislative Assembly

The direction was complied with, and Huey the release of the Miller opinion. Huey was an resigned from the Police Service, taking with indispensable part of the investigations of the him his superannuation entitlements. In Fitzgerald inquiry. He was the most senior judging Mr Mackenroth’s reaction to the Miller investigator of the inquiry and also in the opinion, we should remember that on 18 commission of inquiry which bridged the October 1989 he had spoken strongly in Fitzgerald inquiry and the Criminal Justice favour of Huey in this House. It must have Commission. Reputations and careers were taken strong words in the Miller opinion to ruined by investigations conducted by Huey or cause Mr Mackenroth to revise his opinion. overseen by him. Evidence given by Huey or At the weekend, I was given part of what prepared under his supervision was critical in a my informant claimed was the Miller opinion. It whole range of matters considered by came from a source with whom I had never Fitzgerald, the commission of inquiry and the previously dealt or associated. That this CJC. material should come to me shows the depth The inevitable conclusion is that much of of the feeling in the community. The material the reform process rests upon the flawed contained the following paragraph—— foundations of a proven liar. Huey was so Government members interjected. highly thought of by Noel Newnham and Sir Max Bingham that they went to extraordinary Mr GRICE: Government members do not lengths to protect him and his credibility, and want to hear this, but it will be recorded in those two men, of course, carried a huge Hansard and they will have to read it. The responsibility for carrying out the reform paragraph stated— processes of this State. They refused to “Notwithstanding this advice, that it is prosecute a man against whom there was not proper to bring charges against Huey, ample evidence of perjury and the giving of the fact remains Huey is not a person to false evidence, but their chief failure was in be trusted. Judge Pratt in 1983 said, and leaving Huey in a position to pursue his own I think rightly, that there is little of Huey’s warped version of what he thought the evidence that can be believed.” criminal justice system should be. They If that paragraph is indeed part of the opinion, allowed him the opportunity to continue the then the whole thing is damning. conduct that Mr Mackenroth found so offensive. The Director of Prosecutions produced a lengthy opinion on a man who played a vital I believe that Huey’s activities provide a role in the formation of the Goss Labor compelling reason why the Government Government’s criminal justice system and he should keep an election promise—the setting- said that that man, Huey, was not to be up of a remediation of miscarriages of justice trusted. A growing number of people are unit. That unit was a solemn promise made by coming in contact with that opinion. There is the present Attorney-General when he was in growing concern about the implications of the Opposition and stumping the State, making paragraph I have just read and the reasons allegations of police verballing. After talking that Mr Miller had for writing it. The with senior lawyers, I firmly believe that John Government should be prepared to take the Huey and his supporters have been involved electors of Queensland into its confidence by in many such cases. releasing the full text. The Attorney-General Time expired. should not run away from his duty to the people. He cannot claim that the disadvantage to Huey carries more weight Policing of Pollution Regulations than the right of the people to full Mr WELFORD (Everton) (11.30 a.m.): knowledge—that would be arrogance beyond Over the years, Queensland electors have belief. I am not talking about a petty thief but been confounded by numerous examples of a man with enormous influence over our strange political alliances and bedfellows. I rise criminal justice system. That the Government in the Parliament today to raise a matter of stubbornly refuses to release the Miller opinion great concern to me, particularly as it involves speaks volumes. a movement that has over the years This matter of John Huey goes to the genuinely expressed its concern for heart of the credibility—indeed, the environmental protection and the way in which legitimacy—of the whole reform process and one of its so-called members has, by of this Government which rode to power on remarkable coincidence, got into bed with the Fitzgerald’s coat-tails. I believe that that is the National Party. I draw attention to the most real reason for the Government’s blind fear of remarkable coincidence involving the member Legislative Assembly 6153 30 November 1993 for Burnett, who made a speech in this House are led to believe, did the infamous Drew on 16 November, and the convenor of the Hutton. Green Party, Mr Drew Hutton. I will return to The chief author of all three reports, the the subject of Mr Drew Hutton in a moment. It executive manager of the corporate planning is an amazing coincidence because one and evaluation division of the Department of would be tempted to believe, based on recent Environment and Heritage, has strenuously events, that these strange bedfellows have, in refuted these allegations of doctoring made fact, completed their foreshadowed deal on by the member for Burnett, Mr Hutton and Pat exchanging preferences at the next State Gillespie. election; preferences which the Nationals The 1993 follow-up report concludes— intend to try to garner from the Green vote. Mr Hutton hopes to receive National Party “Clearly, progress has been made preferences, presumably in his last-ditch effort with many improvements implemented or to obtain a Senate seat at the next Federal underway—such as the overhaul of the election. licence management system, re- establishment of compliance auditing of The member for Burnett, Mr Slack, and licensed premises in southeastern Mr Hutton have apparently teamed up to Queensland, intensive workforce training, condemn the Minister for Environment and an active role in national forums and a Heritage and her department for an internal major expansion of environmental 1992 Environment Program Evaluation monitoring capacity. Report. The evaluation report was critical of There is evidence that the the pollution licensing and monitoring activities effectiveness and efficiency of both the of the Environment Program. The report licensing and monitoring subsystems has concludes in part— improved while other initiatives are in train “Many of the major problems to improve the EIA subsystem. accounting for poor program performance Furthermore, real program funding are attributable to antecedent factors has increased and community demand alluded to in an Historical Overview for responsible environmental provided in the report. management remains high.” The program in its various historic But the most remarkable of coincidences is guises has had a very chequered history yet to come. and has only recently found a stable Mr Elliott interjected. corporate home—it was an introverted program with very little outreach to the Mr DEPUTY SPEAKER (Mr Bredhauer): broader scientific and general Order! The member for Cunningham will community.” cease interjecting. In other words, under the National Party when Mr WELFORD: In Parliament on 16 it was in Government, the Environment November 1993, the member for Burnett Program was all over the shop and, as the referred to the 1992 evaluation report and report says, it only found a stable home under claimed that the department’s policing of air, water and noise pollution regulations had the Goss Government. The report goes on— virtually stopped under the Goss Government. “During the course of this evaluation He said— there were many changes and “It is interesting to note that in 1988- improvements initiated by the program to 89, when the National Party was in remedy some of the concerns raised Government, 1100 inspections were here. carried out, yet between 1989 and So we feel that it is reasonable to 1992 . . . no visits to premises licensed to conclude that the Environment Program deal with water polluting materials in its current form is on a path of gradual occurred.” but steady improvement.” Mr Elliott interjected. The member for Burnett has claimed that Mr DEPUTY SPEAKER: Order! I warn the this report was somehow doctored, with the member for Cunningham under Standing release of an amended 1992 report and a Order 123A. 1993 follow-up report. Interestingly, a Sunday Mr WELFORD: That is what the member Mail journalist, poor old Pat Gillespie, for Burnett said. Let that be nailed to his mast. apparently independently came to the same The member for Burnett was referring to a conclusion. So too, quite independently we 30 November 1993 6154 Legislative Assembly table in the report, which showed data for Burnett why he stopped all the water pollution various years, but excluded data for other control in Queensland in 1989 when he was years. He has chosen to interpret the absence Minister for the Environment. of data in certain years as meaning that no The remarkable coincidences continue. investigations, inspections or visits were Another would-be politician, apparently undertaken. On the basis of this allegedly zero independently, made the same mistake. Who level of inspections under the Goss was that? It was Drew Hutton. I do not cavil Government, the member for Burnett has with genuine concerns for environmental called upon the Minister to resign. Of course, protection made by my many colleagues in that is not the correct interpretation of the the Green movement. But Mr Hutton is data. I will explain what the correct undermining their credibility at a rapid rate. interpretation is in a moment. In the print media on 25 October, Mr Let us suppose for one moment that the Hutton is reported as saying that in 1989 the member for Burnett was right. Let us suppose unit’s inspectors carried out 1 100 inspections. that the absence of a number in a column in That is wrong. On the ABC’s Rod Henshaw that chart means that no inspections were program on the same day, Mr Hutton said— carried out. In fact, a reading of the table shows that 1 100 inspections took place, not “Effective monitoring of pollution of in 1988-89 as the member for Burnett premises which are licensed to pollute claimed, but in 1987-88. There were no ceased when the Labor Government figures for inspections in the next year on the came to power in 1989.” chart. In the 1988-89 year, there are no He is wrong again. Mr Hutton has made the figures. So using the arithmetic of the member same blunder as the member for Burnett. Of for Burnett, the level of inspections that course, he is publicly boasting about giving his occurred in 1988-89 must have been zero. preferences to the National Party. Mr Hutton That was not the first year of the Goss and the member for Burnett, it appears, have Government, but the last year of the National effectively conspired to misrepresent that Party Government. internal evaluation report. By their own mutual I might add that the table has virtually no blunders and in their own excitement they entries for the last year of the National Party have exposed the previous Government and Government—no water pollution inspections, the present leader of the National Party, the no inspections of premises, no licences Leader of the Opposition. As well as this issued, no fees collected and no funds spent sleazy deal between the National Party and on water pollution control. Who was the Mr Hutton, who in this instance represents no- environment Minister in the last months of the one in the Green movement, they find their National Party Government? It was the Leader compliant mouthpiece in the Sunday Mail of the Opposition himself, Mr Borbidge. storyteller, Pat Gillespie, who regularly and faithfully writes up their statements as if they According to the member for Burnett’s were a result of her own research. She made own arithmetic, the present Leader of the the same error in her report in the Sunday Opposition, Mr Borbidge, presided over the Mail of 24 October, when she said— complete cessation of water pollution control activity in the Department of the Environment “In 1988-89, 1100 inspections were in 1988-89. Now who should resign? Should carried out”. the Minister for Environment and Heritage Sorry Pat, you are wrong again! She has resign? Under Mr Slack’s own reckoning, the claimed to the staff of the Environment person who really presided over the absence Minister that it was all her own work after of pollution controls in the Environment poring over the report for hours. Department in 1988-89 was his own leader. Time expired. I know that the member for Burnett is out Hervey Bay Fire Service of favour with the Leader of the Opposition by reason of his Privileges Committee report. At Mr LITTLEPROUD (Western Downs) least in that case he was out of favour for (11.40 a.m.): I want to speak about the lack of getting it right. Now he is out of favour for a 24-hour manned fire service for the Hervey getting it wrong. The member for Burnett has Bay area. For quite some time in the Hervey sought to deliberately misinterpret this key Bay area, a controversy has raged over the table and, in his excitement, he has made a inability of the local member to secure a 24- massive blunder in which he has dropped his hour service for a city of that size. own leader in the pooh. His own leader, Mr An honourable member: He’s following Borbidge, must now explain to the member for you. Legislative Assembly 6155 30 November 1993

Mr LITTLEPROUD: I notice that his name smaller centres, that service is probably follows mine on the speakers list. On 23 sufficient. However, in Hervey Bay which, as I November, I accepted an invitation to visit the said, has a population of 35 000, which City of Hervey Bay to find out exactly what increases to 50 000 during holiday times, people’s concerns were. I was informed that, people have every justification in saying that for quite some time, the city council had been the existing service is insufficient. pushing for a manned fire station at Hervey Following the fire at Fisherman’s Corner, Bay. So, too, had the Chamber of Commerce. there was a lot of controversy about the length In fact, 9 004 electors in the Hervey Bay of time that it took for the fire brigade to electorate signed a petition, which was attend that fire. An enormous number of collected in three weeks, calling for such a media reports ensued, and many people service. So there must be some credence to made statements about what happened. I am their claim. not going to enter into the debate about how I received a letter dated 25 November long it took the fire brigade to attend the from the Chief Executive Officer of the Hervey scene, but I have in my possession plenty of Bay City Council, which states— letters in which it is claimed that it took the fire “Recently Council made submissions brigade 25 minutes to arrive. Media reports to The Honourable Paul Braddy MLA, about this incident pointed out that, because Commissioner of Police and Emergency of the lack of a 24-hour manned service, $1m- Services seeking its Government’s worth of property has been destroyed over a commitment for the provision of a 24 10-week period and that $10,000 in overtime hour manned fire service for the Hervey was spent on calling out firemen. When a Bay community. You are no doubt aware fireman is called out on a night call, he is paid that Council has been advised that double time for a minimum of four hours. The provision of this service is not expenditure of $10,000 during 10 weeks is forthcoming.” quite significant. Last week, while in Hervey Bay in an unofficial capacity, I spoke to the The letter states further— firemen at that station. They told me that, with “The Hervey Bay Chamber of a reorganised roster and their current staff, Commerce and Tourism has petitioned they could provide the 24-hour coverage that the Minister seeking his commitment for the council, the Chamber of Commerce and the provision of the 24 hour service.” those 9 004 petitioners are calling for. I table that letter. In fire stations in most parts of I turn now to consider the case that has Queensland, including provincial towns, and been put forward by the people. I am told that certainly in other States of Australia and Hervey Bay is a city of approximately 35 000 internationally, a system called the 10/14 people and that, during holidays times, its roster operates. I understand that under that population can increase to 50 000. At present, system fire officers work 10-hour shifts for two the Hervey Bay Fire Service has a staff of 12 days, 14-hour shifts for the next two days, and firemen. It claims—with justification—that then have four days off. They provide 24-hour places such as Gympie and Noosa, which are coverage with that roster. Fire officers at much smaller than Hervey Bay, have 24-hour Hervey Bay claim that that roster could also manned fire stations. People have asked, work there. It is working elsewhere, so why can “Why is this so? Why cannot it be done for it not work at Hervey Bay? Hervey Bay when it has been done in places Fire officers at Hervey Bay have also such as Gympie and Noosa?” Also, suggested—and this has a lot of arrangements have been made for the use of credibility—that because an automatic auxiliary firemen at Airlie Beach on a 24-hour communications centre which will basis. automatically send calls to the Maryborough Recently, this issue came to a head fire centre will be set up at the Hervey Bay fire because of a fire at a place called Fisherman’s station, the three men in the communications Corner. It happened after 11 o’clock at night, sector of the Fire Service at Hervey Bay will no when the night shift was not on duty. Usually, longer be needed and will be available for during the night-time, an auxiliary fireman firefighting duties. So it makes good sense for sleeps at that station and acts as a the people of Hervey Bay, the city council and communications officer. He has two firemen the Chamber of Commerce to ask why those who are on call at their homes. Should a call three men cannot be used to put in place the be received, he makes contact with those 10/14 roster. I have written to the Minister, Mr firemen, who then attend to the call. In most Burns, asking him why this should not be done. 30 November 1993 6156 Legislative Assembly

There is another matter worrying firemen service. Why is it that Hervey Bay—a city of in Hervey Bay and other provincial areas of 35 000 people—is being denied a service to Queensland. They believe that what is which it is entitled? As I said, over 10 weeks, happening to fire services in Hervey Bay will $1m worth of property was destroyed by fire, be the forerunner to a decision about staffing and $10,000 was spent on overtime. By levels in fire stations throughout provincial simply reorganising its roster, the Hervey Bay Queensland. A rumour is circulating—and the Fire Service could offer a service that would Minister will have a chance to quash it—that prevent a repeat of that damage. he is going to implement a policy whereby all provincial centres in Queensland will be manned by auxiliary firemen. That is a real Fire Services, Hervey Bay fear among people in the Fire Service. I have Mr NUNN (Hervey Bay) (11.50 a.m.): I written to the Minster asking him to either listened with interest to the diatribe from the deny or confirm that that is the plan and that member for Western Downs. The people of that is why the people of Hervey Bay are Western Downs got the short end of the stick being singled out and are not being given that when they buffaloed Mr Cooper and left Mr 24-hour manned fire station when places such Littleproud in charge. He speaks a lot about as Airlie Beach, Noosa and Gympie, which promises. He has presumed that National have much smaller populations and fewer Party people will keep Labor Party promises firemen, have 24-hour manned fire stations. and that Labor Party people will keep National These rumours are circulating. I ask the Party promises. He is a juvenile. Minister: is there some truth in those rumours? There is an old saying that you can’t It remains to be seen whether or not Mr Burns teach an old dog new tricks. In the case of the will confirm that those rumours have National Party in Queensland, that is self- substance. evident. It is the same flea-bitten old dog It is worth noting that in 1989, when the trotting out the same tired old tricks. Nowhere population of Hervey Bay was much smaller—I is this more evident than in its attitude to the believe it was approximately 18 000—the provision of fire services in Hervey Bay. The previous Government promised Hervey Bay a Opposition has taken a negative, knocking full-time fire service. One would have thought approach to this issue, with the honourable that the local member, knowing that a Labor member for Western Downs, Mr Littleproud, Government has given a commitment to that sinking lower than low and employing the old service, would honour that promise. However, National Party tactic of unnecessarily that is not the case. For four years, the people frightening people out of their wits. of Hervey Bay have been waiting for that He cited a so-called National Party service. They have made representations to promise to provide a 24-hour fire service. I will their local member. I understand that, tell the House how good that promise was. together with a delegation of people, the local The promise was made to the member for member has spoken about this issue with the Maryborough. It was made in a letter by the Minister. However, as recently as earlier this former Minister, Mr FitzGerald. Do honourable month, they were told that the area will not members know when it was made? I will tell receive a fully manned fire service. Instead, honourable members why at first that promise they have been given an alternative, that is, was not made to the member for Hervey Bay: the provision of a fire station in Hervey Bay the member representing the people of manned completely by auxiliary firemen. The Hervey Bay was non-existent at that time. The people of that area respect the capacity of Nationals had deserted Hervey Bay. There auxiliary firemen and their willingness to was no representative. The former provide a community service. However, Government made the promise to the former members of the Chamber of Commerce member for Maryborough, who is well-known delegation which met with me last Tuesday in for his negative attitude to Hervey Bay. Hervey Bay were quick to point out that, as good as that proposition is, it does not The date of that so-called promise was overcome the problem of a lack of fire services 23 October 1989. It was made in the dying during the night-time. They reject that outright days of a decaying and corrupt Government as being a proposition that they can accept in which was prostituting itself and soliciting votes lieu of a 24-hour manned service. in the streets. It would promise anything. It was nothing but another cheap political stunt I honestly believe that the people of on the eve of the 1989 election. When this Hervey Bay have a very legitimate case. Government was elected in December of that Smaller centres can use the 10/14 roster year, it began the establishment of the new system, and they have a 24-hour manned fire Statewide fire service. This meant that, for the Legislative Assembly 6157 30 November 1993 first time, there would be a system that as they are trained. The new Hervey Bay Fire allocated firefighting resources in a logical Station, which will be operational before the way, not in the piecemeal, fragmented board end of this year, will be staffed by 13 system. It was a case of every board for itself, permanent firefighters plus the 15 auxiliaries, and the devil take the hindmost. I can think of which includes the five new positions. In the no more despicable way to allocate fire 1994-95 financial year, a second auxiliary fire services than to dole them out as a political station is to be built in the western area of bribe at election time. Hervey Bay. It will be staffed wholly by auxiliary The voters of Queensland deserve better fire personnel. Turnout times for the Hervey than that. They deserve to have a service Bay Fire Brigade will be audited. supplied to Queensland standards, designed I would like honourable members to by professionals to meet the needs of modern compare these results with what the communities. That is what they will have. The Opposition spokesman, Mr Littleproud, has so-called promise by the National Party was supported, that is, the sacking of all put on ice. It was not put on ice by a meddling professionally trained auxiliary firefighters and Minister distributing largess by way of political their replacement with permanent officers. He patronage to his cronies; it was put on ice by wants to kick them out. He wants to get rid of Queensland’s foremost professional firefighter the auxiliaries who have given such sterling of the day, none other than Wally Belcher, the service to Queensland over the years. They Commissioner for Fire Services appointed by have saved lives and property. the Bjelke-Petersen Government. He put it on Mr LITTLEPROUD: I rise to a point of ice pending the review of fire services in order. I find those remarks untrue and most Queensland which followed from the Leivesley offensive. I ask that they be withdrawn. He report. said that I attacked the auxiliary firemen. That report was commissioned by Russell Mr DEPUTY SPEAKER (Mr Palaszczuk): Cooper for the former Government. At least The member for Hervey Bay will withdraw that Russell Cooper had the honesty and the comment. courage to back that report. He visited fire boards around Queensland to sell it. I would Mr NUNN: If it offends him, I withdraw it. like to remind Opposition members that the But I did not say that he attacked them; I said idea of a Statewide fire service and the that he supported—— scrapping of individual boards arose from the Mr DEPUTY SPEAKER: Order! The Leivesley report, an initiative of the former member has withdrawn; he should continue Government. his speech. Many people have expressed concerns Mr NUNN: He wants to kick them out and about the level of fire services in Hervey Bay. he wants to get rid of them. This move alone As their local member, I have been would result in a doubling of the fire levies for addressing those concerns on a logical and the people of Hervey Bay. The Nationals are consistent basis. I have not sought to make saying, “Sack the auxiliaries at the Hervey Bay headlines with a blatant fear campaign, as Fire Station and replace them with permanent has the National Party. The Minister has officers.” That will cost an extra $267,882 per already indicated that none of the proposed year every year. To staff the new fire station in improvements to the fire services in Hervey the same manner with full-time staff will cost in Bay arose from National Party activity. The the order of an extra $1m this year, and every Nationals are on the wrong tram. They have year after that. been badly advised. They would have been The present levy system collects roughly better off sending Russell Cooper to Hervey $750,000, and roughly $750,000 is returned Bay. He knows something about the subject. to fire services each year. The shonky old If they had done that, they might have had a National Party is running around promising the more balanced view of the situation. earth. It is making promises it will never have Those improvements came from a non- to keep. But it is not telling the people of political delegation which expressed a desire Hervey Bay that, to keep its promises, it will to meet with the Minister. I was able to have to double the fire levy. Why has Mr arrange that, and the meeting brought quick Littleproud not made that clear? I will tell and positive results. Initiatives agreed to at honourable members why. It is because he is that meeting—and they have been detailed in propping up the National Party candidate for the press—include the Queensland Fire Hervey Bay at the next election. He does not Service advertising for five extra auxiliary care about the people of Hervey Bay. That is firefighters who will commence duty as soon 30 November 1993 6158 Legislative Assembly not surprising, because he knows nothing GLADSTONE POWER STATION about Hervey Bay or its people. AGREEMENT BILL I ask all honourable members on the Second Reading other side to put their hands up if they support Debate resumed from 16 November (see the proposition put forward by the National p. 5870). Party that we double the fire levy not only for Hervey Bay but for all of Queensland. Not one Mr BORBIDGE (Surfers Paradise— hand came up. We cannot blame them, Leader of the Opposition) (12 noon): The either; it is a shonky idea. The shadow tragedy is that we are debating this Bill at a Minister does not have the support of his party time when the project that it seeks to advance on this matter, and the Leader of the is in grave danger of not proceeding because Opposition should sack him. I think he would of the tardiness of this Government in like to do that. reaching this point. The sale of the Gladstone Power Station to Comalco is now just one of As I said, the delegation I introduced the prerequisites for the $1.75 billion brought results, while the National Party expansion of the company’s aluminium played politics. The members of that smelting operation at Boyne Island. It is a delegation deserve congratulation on the project of great significance to Queensland effective way in which they presented the case and would generate 800 jobs in construction on behalf of the local community. The and permanent employment for 1 000 people. delegation included Lee Werder, the deputy The addition of a third potline to the smelter chairman of the former Hervey Bay Fire will effectively double production from 260 000 Brigade Board, and senior Suncorp tonnes to 460 000 tonnes, which will add an representative; Don Gayler, a Hervey Bay extra $6 billion to Australia’s foreign exchange solicitor; and Bob Gregg, a Hervey Bay earnings over the projected 35-year life of the engineer. They were all able to present a Weipa bauxite deposits. case, sift evidence and weigh up the facts. It is precisely the sort of project that this The delegation made it clear that the 12- country and this State desperately needs to minute response time to the Fisherman’s put some sort of a dint in the unemployment Corner fire was not good enough. The Minister queues that are the greatest single legacy of agreed with this, just as the Queensland Fire four years of inaction from the Labor Service Commissioner did. The National Party Government in this State, and over a decade representative in the area wanted a private fire of inaction from the Labor Government at the service—a totally impractical idea which was Federal level. As I indicated, the tragedy is greeted with hoots of derision from the public. that we are considering this Bill at a time Two things contributed to the slow turnout when, because of dithering on the part of the time on that night. The Telecom pager system State Labor Government and the used to call out the auxiliaries did not perform extraordinary role of both State and Federal to expectations, and incoming calls jammed Labor Governments in expanding the the phone lines. The Queensland Fire Service expectations of Aboriginal people, the project has now switched to a new pager system is now in grave danger of not going ahead, through Bell Page, and a dedicated line is despite the agreement represented by this now available at the fire station so that those legislation. We could and should have dealt on duty can contact firefighters immediately. with this legislation years ago. The project In addition to these changes, at the could have been well advanced at this request of the delegation it was agreed that time—with finance secured and at work long the regional assistant commissioner would ago—rather than remaining under threat audit the turnout times at the Hervey Bay almost four years to the day since this station. The delegation also raised the Government came to office. question of how the number of personnel Comalco required the purchase of the being supplied to Hervey Bay compared with power station as a prerequisite to the other areas. It was advised that the expansion on two counts. One was the need, Queensland Fire Service had undertaken a after the shocking record of the power unions risk mapping assessment of the whole of within the generation industry around this Queensland and, as a result of that country and in this State in particular, to assessment, future staffing will be based on establish private ownership in order to better the outcome. guarantee continuity of supply. Although that Time expired. is a requirement of all industry, it is of particular relevance in the alumina and aluminium industry, because the cost of Legislative Assembly 6159 30 November 1993 cleaning up machinery clogged with solid discussions on the power station sale faster metal after a discontinuation of supply runs to than a rail cut. millions. The other count, given the particularly There was a related problem prompting a bad record of State Labor Governments long hiatus in the negotiations. It had to do around this country in keeping their word on with the fact that the Government had as a agreements over pricing, was the need to glint in its eye—as the Holy Grail to fuel the establish private ownership in order to ensure fastest rate of increased spending in the that electricity could be generated consistently country, up to and including John Cain—the at an affordable price. concept of corporatisation. The corporatisation The Government was in a position to issue is closely linked to this Bill in two ways. have made a decision on this matter early in The first is that the Premier did not want to be its first term. It certainly had all the stimulation pressing a privatisation issue such as the sale that it needed to reach agreement promptly. of the power station while his Treasurer and Given the recession we had to have from the others—including those who heckle like jackals Prime Minister we had to have, who was then from the back bench—were trying to convince the Treasurer we had to have and who has the public sector unions and the Labor Party now given us the land rights we had to have, power brokers such as Ian McLean that the there was a great and pressing need for halfway house, corporatisation, was a good projects such as that proposed by Comalco. idea; that it was not privatisation in disguise. We needed just this sort of project to start So the sale had to go on the back burner, attacking Labor’s unemployment queues. But because it was a red rag to a bull. The what did we see from the Premier when he Government could not afford to have its had the opportunity to deliver a massive corporatisation plans threatened by project handed to him on a platter? He privatisation, because the unions and half of dithered—the famous dithering! The excuse the Labor Party were convinced that that he put forward for years on end was that “corporatisation” was really code for the previous Government was going to give “privatisation”. the power station away for a mere $500m. While we had the Premier pulling his The fact is that that was never the intention, usual trick in order to hide his own but it became the Premier’s fig leaf. incompetence and lack of courage and Mr Beattie: You say that now. conviction on behalf of the workers of this Mr BORBIDGE: I invite the honourable State by trying to blame the previous member who interjects to participate in this Government for the problem on an issue of debate and to study the sorry history of why it price, he was actually engaging in a deliberate has taken the Government four years to go-slow on the negotiations to keep his own present this legislation to the Parliament. troops under control. That lack of leadership may yet prove to be as costly in relation to this In any event, if the Premier had sold the specific project as it has been more generally power station in 1990 for the alleged Mike to this State over the past four years. It was a Ahern price tag of $500m and put it in the very irresponsible and risky game, even bank, the Treasury would have done at least without Mabo in the picture, because Comalco as well as it might now—if the project is a very big company with projects around the proceeds—out of 750 million 1994 dollars. world. The fact is that the negotiations, such as they were, had very little to do with the price tag at The Government knew perfectly well that all. They had everything to do with the Boyne Island proposal was only one of privatisation—that most undesirable concept several potential projects that Comalco had on in Labor Party terms—and in particular the its books. At all material times, the response to privatisation in the Left Wing of Government was well aware that Comalco the Premier’s party. could easily reach a point at which, instead of holding the project at the head of the queue, Ian McLean, the Premier’s party it could fall to the bottom and be a decade or president, put it on the public record. He told more away from a second chance. But even the Sunday Mail—the same newspaper in that did not get the Government moving. We which, not three weeks ago, he was attacking saw the negotiations dropped to officer level. the Premier’s position on prostitution, which is The fact is that it was not until August last another hot topic with the Left—that the year—almost three years on, in the run-up to privatisation issue would “complicate” the sale a State election—that the Government of the power station. After that comment, the actually reached an agreement for the sale. man who used to rail against the role of Bob Sparkes in the National Party pulled back from 30 November 1993 6160 Legislative Assembly

For the most part, it appears to be a from that. We have seen the reasonable agreement, and the Opposition Commonwealth’s Native Title Bill, which will support it in the hope that the needless purports to validate the Comalco leases at delay in reaching this point does not, Weipa, and we will apparently see the ultimately, mean that the project has been Queensland Government’s faithfully toadying lost. As I said earlier, this project could now be complementary legislation possibly tomorrow under way. We could, by now, have seen after tonight’s special Cabinet meeting. some of the record number of people who However, it should be noted that the project- have joined the unemployment queue in specific validation that the Premier sought Queensland under government by the from the Prime Minister back in August is not Australian Labor Party leaving that dole queue there—I repeat: “not there”—in the Native Title for jobs in Gladstone, building a potline. Bill. Protection for the McArthur River project- Instead, the whole project is in limbo. Just a specific validation for the Northern Territory is few weeks before the Government reached there, but specific validation for Comalco is the basis of agreement with Comalco, the not. I cannot help wondering to what extent High Court handed down its judgment in the palpable dislike that exists between the Mabo No. 2. That judgment, as we now know, Premier and the Prime Minister is reflected in will have a far-reaching impact on Australia. It that failure of the Premier on behalf of his also retains the potential to kill this project. State to secure what Marshall Perron could It is significant that the Government knew achieve for the Northern Territory. nothing, or professed to know nothing, about The existence of some specific lines in the Wik claim on Comalco’s bauxite the Bill might have been enough for Comalco deposits—the deposits on which this project to convince its bankers. I hope that the hinges—when it was lodged on 30 June this absence will not have the opposite effect, but year with the Federal Court in Brisbane. With we should all be aware of where the Prime all the resources at the disposal of the Minister stands on this project and this State Premier, with his 80 per cent increase in and, indeed, this land rights claim, if that is not Budget, it was my paltry office that came already clear. I quote the Prime Minister’s across the filing of the action through a statement in the Sydney Morning Herald of 13 watching brief that we maintain on the courts. August, when the Premier was failing in his bid The Wik action seeks damages from the to achieve project-specific inclusions in the Commonwealth and the Queensland Native Title Bill on behalf of Comalco, when he Governments for a breach of fiduciary duty—a said that it was one thing for the breach of trust—among a vast array of other Commonwealth to validate titles where a remedies. Notwithstanding the plethora of Government had sought to act in a non- actions that have emerged from Mabo, it is discriminatory way. I now quote the Prime still the most potent test case on the books. Minister directly, and Government members So here we are today, debating a Bill should listen to this very carefully— relating to a project that should have been “It was another to protect a well and truly on the go but is not and may discriminatory action, one that was never be because of more of the dithering for fraudulent, or one that wilfully disregarded which this Government has been absolutely particular interests.” notorious. The principal problem now Those are the words of the Prime confronting the project in the face of the Wik Minister, whose Mabo legislation the claim, and brought about by the failure of this Government is about to enshrine in Government, is finance. Financiers are not Queensland by facilitating over the next few willing to commit to a project unless they are sitting days the passage through this place of well convinced that the chances of a return on its own enabling complementary legislation. their money are at least excellent. I am sure Quite clearly, the context was the situation at that is understood by someone in this Weipa. Comments by a CRA spokesman only Government—even some of the backbench a few days later, after the Prime Minister members—even though the Government disclosed apparent—but apparently still barely has a project or successful project secret—measures to adequately validate the negotiation to its name. Even this project, if it Comalco leases, are also highly relevant to gets off the ground, had its genesis under the the legislation before us today. He said— previous Government. “We hope that there will be no Financiers will not commit to the project residual consequences for the until they believe it is the next best thing to a leaseholders or freeholders arising out of sure thing, and I am both saddened and any doubt about the ability of frustrated that, as of today, it is still a long way Legislative Assembly 6161 30 November 1993

Governments to have validly granted to front by looking for underwriting of the QEC titles in the past. Otherwise the objective by the Government, because, in fact, the QEC of removing uncertainty for investors will will underwrite the Government. Under not be attained.” corporatisation, which occurs for the QEC from There is, ultimately, no confirmation of 1 January 1995, the Government will take security that Governments can give over income tax from the QEC, and it will take a 50 leases, even validated leases subject, as the per cent dividend from the QEC each and Comalco leases are, to a claim of breach of every year—I repeat: “each and every year”. fiduciary duty. If a breach of fiduciary duty is Based on this year’s profit, that is in excess of proved, all bets are off. We must also deal $400m. Put another way, almost half of the with the requirement of Comalco that there be QEC’s annual pretax profit will go back to certainty in relation to the leases by the end of Government. We are talking here about the March next year, which is an extension of its rape of an organisation that currently delivers earlier deadline of the end of 1993. The to the people of Queensland the lowest-priced simple fact is that, even if the company is non-hydro power in this country. We are satisfied with the generalised validation talking about an organisation that spent well process provided for it in the Native Title Bill, if over $1 billion on the Stanwell power project it passes the Senate, the legislation is certain without borrowing one cent. And now in this to face an immediate challenge, which could legislation and in the negotiations, we see that further threaten the timetable. financiers are worried about whether it will be able to buy a bit of power back from It must be repeated again and again that Gladstone, to the point at which we must have we in this Parliament should not be in this an underwriting provision. position. Comalco should not be in this position. People desperate for a job in this Why? One answer is the threat posed to State should not be in this position. The the future viability of the QEC by the potential financiers of the project should not Government’s corporatisation policies. The be in this position. The nation, which bankers know that the Government will rip off desperately needs the foreign exchange the QEC absolutely unmercifully, and they earnings from this type of project, should not understand the potential impact. The bankers be in this position. If the Government had have recognised what not enough taken its job on behalf of Queenslanders more Queenslanders have yet recognised—that seriously than it is prepared to take internal corporatisation has the capacity to bleed the party politics, in the first instance in relation to QEC dry, so they want the Government to the Left Wing of the Queensland branch of underwrite it. As I indicated earlier, the the party over privatisation, and in the second Opposition supports the legislation. We wish instance in relation to the Prime Minister’s that a lot more legislation like it was coming faction in Canberra over validation, we would into this place. By that, I mean legislation that not be in the position in which we find carries with it the promise of jobs instead of ourselves today. the diet of bureaucratic claptrap that we have been force fed ad infinitum over the past four I mentioned earlier that the Government’s years. The legislation is at least an attempt at corporatisation policy has two areas of impact enabling rather than frustrating legislation, and on the legislation. The second is in the to that extent it is more than welcome. extraordinary requirement on the Government to underwrite the ability of the Queensland The one regret of the Opposition is that Electricity Commission to purchase excess the Parliament is dealing with the Bill on the power from the Gladstone Power Station. As last day of November 1993, instead of in or we all know, the QEC is an extremely efficient about mid 1990. If we had dealt with the Bill producer of electricity, largely as a result of the then, hundreds of Queenslanders who now do reforms instituted by the previous not have jobs would have them, and the Government, which turned it from an country would be substantially closer to organisation with one of the worst records in reaping the much-needed benefits via an the nation to an organisation with one of the improved balance of payments. Instead, we best records. One of the results of the boost in can only live in hope of those jobs and that its performance was and is one of the best return on the basis of the Government and credit ratings of any statutory organisation in the Premier’s dithering and preoccupation with the country. internal party politics over the future prosperity of this State, economic development in this It is unthinkable that the QEC would need State and the best interests of the people of help from the Queensland Government, and Queensland. one would think that the financiers had it back 30 November 1993 6162 Legislative Assembly

Hon. T. McGRADY (Mount Isa— Minister year. This will make Boyne Island one of the for Minerals and Energy) (12.20 p.m.): I biggest and most efficient aluminium smelters welcome this opportunity to address this in the world. In addition, the sale provides for Parliament on the Gladstone Power Station the QEC to purchase the excess capacity that Agreement Bill. This is a Bill that will mean so Comalco will not require to supply the smelter. much to the future of Queensland and, in That excess amounts to about 540 particular, to the people who live in the megawatts. Gladstone area. I accept that it is not usual for As Minister with joint responsibilities for a Minister to speak on another Minister’s Bill, Minerals and Energy, I am very pleased to but because of its importance to the economy support this Bill. As well as making Gladstone and the involvement of my department, the the first truly private power station in Australia, Queensland Electricity Commission and the Bill will open the door to greater use of myself, it is appropriate that I enter into the Queensland’s resources for value adding. As discussion on this Bill. honourable members would know, the policy At the outset, I offer my congratulations of this Government has been to attract new to all of those officers of the Government, value-adding enterprises to Queensland— including officers of the Premier’s Department, particularly to central Queensland. This the Department of Minerals and Energy and smelter expansion will increase Queensland the Queensland Electricity Commission, who exports by about $400m each year. The sale have worked so long and hard in bringing this of the power station will also provide a positive Bill to fruition. It is a Bill which means so much benefit for the Queensland coal industry. not just to the people of Gladstone, but also Initially, Comalco will take over the coal to every person who lives in this State. supply contracts from the QEC, but by the I want to briefly look at what this Bill year 2005, when these contracts expire, means to our State and the people of Comalco will have to seek competitive bids Gladstone. Independent studies show that from Queensland coal suppliers for the coal it 943 permanent jobs will be created by the requires. Additional coal will also be required smelter expansion. Another 375 jobs will be by Comalco by 1998. It will also need to seek created at the smelter itself and 306 this coal on the Queensland market. These elsewhere in the region. A further 132 jobs will requirements will further boost investment and be created in other parts of Queensland. The employment opportunities for central additional 680-odd jobs in the Gladstone Queensland. region will generate $28m a year in wages. It Negotiations are nearly complete for the is expected that at the construction peak over Gladstone Power Station to operate as a 2 000 jobs will be created in the Gladstone private power station within the State electricity region, with a further 400 in other parts of the grid and for the QEC to purchase electricity State. from Comalco at a competitive price. Comalco This is certainly a good news day for will have a strong incentive to reduce its cost Gladstone and for Queensland. This good of production at Gladstone for supply to the news day did not just happen. It has been smelter. The benefits of these improvements part and parcel of careful planning by the in efficiency and costs will also flow Goss Labor Government, despite the taunts automatically to electricity purchases by the and spoiling and negative tactics of the QEC. Queensland Opposition. This really is its day Gladstone will also be competing with the of shame. No doubt, the people of Gladstone other publicly owned power stations in will remember the coalition as a group that Queensland. This is consistent with the tried to place obstacles in the way of this great Government’s policy of pursuing competition decision—a decision which will have so many in the electricity market. Again, I commend the people in Gladstone delighted. However, I am Government negotiating team on its pleased to hear that, despite all their performance over past months. It has been protestations, the Opposition will support this truly outstanding in reaching this conclusion in Bill. Rightly so, too. a very difficult negotiating climate. The result is This is not simply the sale of a power certainly a credit to those officers and, indeed, station. It is a sale that will provide growth and the Government itself. development in Queensland. Comalco and its I want to emphasise today that this is not partners required a stable and secure supply a sale of assets of this State. We are not of electricity to expand the existing smelter selling the power station simply for the sake of and to build a third potline, which will double selling it. We are selling the Gladstone Power the smelter capacity to 460 000 tonnes per Station in order that Comalco will continue with Legislative Assembly 6163 30 November 1993 its plans to build a third potline at the Boyne negotiations, many people who worked in Island smelter. The result of this decision will Gladstone and, in particular, at the Gladstone mean an investment in this State of $1.8 Power Station had concerns about what this billion, which any Government in the present sale would mean to them as individuals. The economic climate would be more than happy leaders of the trade union movement, to facilitate. encouraged by the rank-and-file workers in the I think it is appropriate that honourable power station, accepted the project—they did members look at some of the suggestions not merely fall into line with it—and assisted in that were made by the Deputy Leader of the the discussions and negotiations. The result is Coalition, Mrs Sheldon. As we all know, the that, today, near to the completion of one of money that will be raised from the sale of the the most complex agreements in this State’s Gladstone Power Station is going to be history, there has been an almost unanimous returned to the QEC and, in turn, that money decision by the work force to go along with will be used to pay off debts that have built up these plans. As I said earlier, this is a good over a number of years. Mrs Sheldon, news day for Queensland because the Bill supported by her coalition colleagues, has represents the fruition of many months of long suggested that that money should be used on and detailed negotiations. At the end of the one or two of her pet schemes. If we as a day, thousands of jobs will be created Government were to implement her proposals, because of the insistence of the Goss Labor it would simply mean massive increases in the Government. price of electricity in this State. That is Members of the Opposition stand something which this Government is not condemned because in recent months we prepared to allow to happen. Mrs Sheldon’s have seen ridicule hurled across the table of suggestions demonstrate just how out of this Parliament during every single question touch she and the coalition are with financial time. Members of the Opposition are the reality. people who will suffer. They are the spoilers. The Leader of the Opposition mentioned At the next State election, the people of before the lack of leadership by the Premier. Gladstone will show their disgust and distrust In all of my years in public life I have never of members of the Opposition. I am delighted seen such good leadership shown by a leader to stand in this Parliament today and support of a Government or any other instrumentality the Bill. as has been shown by the Premier. The work Mrs SHELDON (Caloundra—Leader of that the Premier and his team have put into the Liberal Party) (12.32 p.m.): The Gladstone the sale of the Gladstone Power Station Power Station Bill is a very powerful piece of should be, and indeed is, appreciated by all of legislation. It gives the Premier far-reaching the people of Queensland. Members of the responsibilities, while the Act in itself will Opposition sit there and talk about Gladstone. override all other pieces of legislation that They should go to Gladstone and talk to the might impact on the sale. people who really make the decisions. It is the There is no doubt that the sale of the people of Gladstone who are proud of this Gladstone Power Station is important to Government and are complimenting the Queensland. In fact, one only has to look at Premier and his team on the work they have the State Budget papers for 1993-94 to done. realise just what it means for this State. The This sale of the Gladstone Power Station Treasurer has put almost all his private is just one of a number of projects in this State investment eggs into this one basket for the that will assist us to create work for 1993-94 financial year. Budget Paper No. 5 Queenslanders. I mentioned this morning the shows just how pathetic this Government has developments which had taken place on the been in encouraging private investment in RA 55 that will mean thousands of jobs for the Queensland and how much it relies on this people of this State. We also have the paper transaction sale to make the figures Carpentaria/Mount Isa mineral province going look good. On page 8, under the title “Effects along well, thanks to the work and initiatives of of Proposed Sale of Gladstone Power Station this Government. We also have this major 1993-94”, it states that private gross fixed development in Gladstone that will provide capital expenditure in Queensland this thousands of jobs for Queenslanders. financial year will rise 7.3 per cent with the No debate would be complete without a sale, but only a pitiful 0.1 per cent without the tribute being paid to the leadership that has sale. The same chart shows that business been shown by the trade union movement in investment this financial year will rise 16.8 per this State. In the early days of the project’s cent with the sale, but only 1.2 per cent without it. The same goes for plant and 30 November 1993 6164 Legislative Assembly equipment, which will rise 25 per cent with the providing security of title for Comalco and its sale, but actually would be negative 0.2 per partners. The Premier could have taken the cent without the sale of the Gladstone Power initiative for once and worked out a deal with Station. Canberra to ensure that such an obviously The fact is that this Government needs vital project was backed and protected by the this sale to prop up a private sector which has Federal Government. But, no! As usual, he now been overtaken by the so-called rust-belt dillydallied. States when it comes to growth, and the Instead of kowtowing to Canberra, the saddest part of all this is that the sale of the Queensland Government could have done power station in itself will not create any new the right thing by the people and the jobs. It is just a paper transaction and, so, businesses of Queensland and brought in unfairly and incorrectly bolsters these Mabo legislation of its own for the benefit of all investment figures. It paints a false picture of Queenslanders rather than adopting the the Queensland economy because, at approach of bringing in legislation $750m, it throws the whole figuring process complementary to Paul Keating’s Mabo out of whack. deception—which, we now see, could be held Before the Premier starts sweating and up for months in Canberra. So this week the whining, there is no denying that the sale of Premier will introduce legislation which will this power station will, in the long term, leave the future of this Comalco project still up facilitate a deal which will be very beneficial to in the air and the $1.8 billion in investment still Queensland. But the sale in itself will not save in doubt. the Queensland economy from private sector In his second-reading speech, the stagnation which this Government has Premier admitted that the Wik people’s claim brought about through its tax-and-charge over part of the Weipa bauxite lease had policies. delayed the sale of the power station. Despite This Bill essentially achieves a four-fold Comalco’s obvious desire to get the project up purpose. It creates the scenario for the power and running, that cloud still hangs over it. station to be sold; it provides for continuing What is worse is that, should Comalco be still commercial interaction of State Government waiting for the Federal and State Labor departments and agencies; it assures the Governments to get their Acts together after continuation of the power station’s March 31 this year, the Premier will bill involvement in the State power grid; and it Comalco $500,000 a week for the privilege. protects the employment conditions of power What a deal! Is it any wonder that this station workers. It also gives the Premier Government is scaring away private investors! enormous power. But it does not do the one The Goss Government has already cost thing that is vital for the project’s success. It Queenslanders between $13m and $23m does not provide guaranteed title for Comalco through its lack of action on Mabo and on this and its associated companies over the coal deal with Comalco. As I pointed out earlier this deposits needed to make the power month, the delay by the Premier in signing the station/smelter deal a reality. That is the basic deal with Comalco from 31 December to 31 flaw in this legislation. March will mean that the State Government This week, we will see the introduction of will be forced to keep paying interest on the Queensland’s Mabo legislation, which we are $750m in debt it plans to redeem with the told will complement the Federal legislation. power station sale. The power station was The Federal Government’s Mabo Bill faces earmarked to redeem the debt which is being massive hold-ups and problems in getting hit with interest rates varying from 7 per cent through the Senate. It is facing increasing to 12.6 per cent. In this House on 18 disquiet among the farming, business and November, the Premier, when asked about mining communities, which are giving it a very the cost of the delay, did not even know about thorough second look and not liking what they it. He did not even know the first dollar cost to see. It could be stuck in the gridlock of Queenslanders of his Mabo inaction. The fact Canberra for months, and Queensland’s is that more than a year ago the Premier legislation—and the future of the Boyne Island could have listened to the coalition and to me smelter project—will be stuck in there with it in particular and could have gone ahead with because the Premier did not have the his own Mabo legislation. That would have intestinal fortitude and the good sense to go it guaranteed title, secured mining and pastoral alone. Legislation similar to the MacArthur leases, and created an environment in which River project’s legislation in the Northern investment could flourish without the axe of Territory could have been introduced, thereby land claims hanging over its head. But the problem goes back even further. Legislative Assembly 6165 30 November 1993

If the Premier had not adopted his classic Comalco should the QEC be unable to pay its do-nothing stance four years ago when he bills a few years down the track? came to power, Comalco would not be facing Could it be that, like many other these problems, which is the crux of the Queenslanders, Comalco fears the effects of matter. Back in 1989-90, this corporatisation on the QEC? Could it be that Government—led from behind once again by Comalco believes that the QEC will have its the Premier—failed to clinch this deal. The profits severely cut once it is corporatised, as deal was on the table then, but the Goss the State Government sucks out larger and Government decided to hold out to get a larger dividends? Could it be that Comalco better price. The fact is that, if the Premier had believes that under corporatisation the QEC’s taken the $500m on the table when he came profits could be cut to such an extent that its to power and put it in the bank or redeemed ability to pay for power from the Gladstone debt as he plans to do with the $750m that he Power Station could be jeopardised? will receive from the sale next year, the people of Queensland would have been ahead, and Under the State Government plan, the certainly no worse off. But, no; he fudged and QEC will be corporatised on 1 January 1995. fumbled, and almost let the deal slip away. Based on the past year’s figures, the Now it is caught up in the Mabo debate and Government will take from the QEC: $132m in threatened by low overseas aluminium prices. tax equivalent payments, $134m in dividends, The whole project is under threat because the and $16.2m in a loan guarantee fee to the Premier could not make a decision. One Queensland Treasury Corporation. Under wonders whether he would have made a corporatisation, the Government would decision by now if it were not for the problems actually reap an extra $39m from the QEC, of Mabo forcing his hand. bringing the total take to $282m based on the past year's figures due to the increased 50 per Sometimes, Comalco and its international cent dividend. But, as Comalco no doubt backers must feel as though they are dealing fears, is that where the State Government will with a sponge in their dealings with this stop with its dividend and tax take from the Premier and his Government—a sponge that QEC? Certainly, the record of Labor gives the outward appearance of being solid, Governments in the past, and this one is very but contracts at the first touch. Whenever little different, is that if the money is there, anything gets difficult, the Premier and his they will take it. Government retract and wait for someone else to take the sting. That is what he is doing This section of the Bill highlights more here. He has failed to guarantee the clearly than anything else said or written about necessary investment environment for the corporatisation under the State Labor power station/smelter deal to go ahead, and Government just what is in store for the new he has left someone else to take the blame if corporate entities. Comalco, and the coalition, it falls through. That is the truth of it. If this and no doubt many other Queenslanders, deal falls through, we will see Wayne Goss fear just how much Labor will take out of pointing the finger at his mate Paul Keating as entities such as the QEC, and this Bill shows fast as he can. that our fears are justified. Why else would the Premier be forced to offer a virtual There is another very disturbing aspect to Government guarantee for the QEC, an entity this piece of legislation—not disturbing in itself that has been reaping more and more profits perhaps, but disturbing in the implications it than ever over the past five years? raises. I refer to the virtual Government guarantee that has been placed on the This Bill raises many questions about Queensland Electricity Commission by the how the Premier and his Government operate. State Government to ensure that the QEC will It raises many questions about just how much remain financially viable while purchasing its money and possible lost investment the electricity from Comalco and its partners at the Premier has cost Queensland and agreed price. What an amazing caveat to Queenslanders through his inaction and lack have to put into a piece of legislation. It is of initiative since 1989. amazing when one considers the financial Although the coalition will not oppose this position of the QEC. Its annual report, Bill, and hopes that this deal does go through published only a few weeks ago, showed that for the benefit of all Queenslanders—— the QEC made a profit of $400m in the past Mr W. K. Goss: Do you support it? financial year. That is a very healthy profit, as even the Treasurer has admitted. So why the Mrs SHELDON: I have said that the need for a Government guarantee to protect coalition will not oppose the Bill. However, I for one am angry that the Premier has put this 30 November 1993 6166 Legislative Assembly deal in so much doubt through his dithering years. There are currently six units at the and through his ineptitude. Gladstone Power Station. This deal will give Mr BENNETT (Gladstone) (12.44 p.m.): the station greater capacity to run at high This morning I have had the displeasure of levels over the next 30 years. listening to the two greatest knockers in Honourable members should be made Queensland: Borbidge and Sheldon. What a aware of the reasons behind the need for terrible exhibition they put on for us. The Comalco and its partners to own the member for Caloundra and the member for Gladstone Power Station in order to facilitate Surfers Paradise are the two greatest the development of the third potline at the knockers in Queensland. Although this Boyne smelter. The Boyne smelter required legislation deals with a project of great power costing arrangements that could not be magnitude and benefit to the people of altered by Governments. At different times, Queensland, all they can do is run it down and Governments worldwide have reneged on run down the process. their power deals. For this reason, in order for This Bill represents a huge vote of Comalco to attract international finance it had confidence in the Gladstone region by the to prove it had secure power pricing and Goss Government. It represents an article of supply arrangements. To this extent, it was faith held by the community, the power station preferable that it owned and operated its own employees and international investors in the power station. Honourable members should Goss Government’s plan for Gladstone. That remember that the Bjelke-Petersen plan involves port expansions, industrial Government reneged on its power costings for zones, and a light metal industries concept. the Boyne smelter. It changed the rules Not only will the people of the halfway through the deal. That is one of the Gladstone/Calliope region benefit from this reasons why Comalco needed power-pricing Bill, but also the people of the rest of arrangements. Queensland. This Bill will well and truly signal Some critics have come forward to say to international capital that Queensland is that a Labor Government should not be open for business, as it has been for the last selling a major public asset. But I say to those four years. critics: what better way to help the working Prior to entering Parliament, as an people of Queensland than to provide jobs employee at the Gladstone Power Station, I and security, with the location of this industry held positions as a leading hand special class in one of the most attractive areas in electrician, a plant attendant and finally a unit Australia? It should lead to a high quality of controller. I have to say that it was a shock life in the region. when a former Premier, Mike Ahern, Before moving on to the benefits that the announced that the Gladstone Power Station smelter expansion will bring to the Gladstone was going to be sold. According to Comalco region, I point out a commitment made to the officials, at that stage it was very much pie in workers of the Gladstone Power Station on the sky—members of the Opposition should their wages and conditions. The Goss remember that it was “very much pie in the Government made a commitment to the work sky”—and there was no commitment to the force that conditions would remain the same. project. At that time, the price tag was a paltry To this end, local union delegates, many of $450m. No thought was given to the them close personal friends, have worked with expectations of the community or the future of Government negotiators, union officials and the power station workers. then with NRG/Comalco. NRG, which is based The project then sat on the shelf until in Minneapolis, is the chosen operator. It has Comalco came back to the Goss Government extensive experience in power station which agreed in principle to sell the station for operations. Although the course of these $750m and a $75m loan redemption from the negotiations has not always been smooth, the Federal Government. What an achievement outcomes have honoured the Goss this is, in contrast to the hapless Nationals Government’s commitment to the work force. who were willing to give away for a paltry Some parts of the new award exceed the $450m the Gladstone Power Station—a benefits provided under the old Electricity people’s asset. It was a power station whose Supply Industry Award. future was uncertain. At that time, in my I pay tribute to union officials such as Dick capacity as the chairman of the Combined Williams of the ETU, Lloyd Casey from the Operating Unions, I was shown the forecast ASU and local union delegates such as John power figures, which showed that the station Clapham, Frank Scheers, Brian Clarke, Wayne would be run as a three unit station for several Horn, Chris Belz, John Cooper, Chris Legislative Assembly 6167 30 November 1993

Cassandro, Chris Swift, Malcolm Linster and process. I also congratulate the Government many others who have worked long hours to on the quick action that it has taken to ensure get this project together. They were very that titles will be validated. For that reason, I complex negotiations and I congratulate them ask the coalition to support the Mabo all on the way in which they handled legislation when it is introduced. I ask its themselves in bringing these negotiations to a colleagues in Canberra to support the Senate, successful conclusion. because we do not want any more delays. We This project has been supported by the do not want people outside of Gladstone entire community, with the exception of a very delaying our future any further. The few. I credit the people of the Opposition should get with it, and support it. Gladstone/Calliope region with their perception I personally support this project because that development with environmental of the immense benefits that it will bring to the sensitivity equals jobs which brings a better Gladstone electorate. I support the Premier quality of life. Local councils, unions, the local wholeheartedly in his pro-development stance development bureau and other community in conjunction with environmental sensitivity. I groups have all been behind this project. also congratulate the Premier on his support The Boyne smelter is located in one of for Gladstone’s university campus, which will the most attractive industrial sites in the world, be a centre of engineering excellence. It will with the beautiful beaches and holiday areas also contribute to industrial projects such as at Tannum Sands on its doorstep. Of the 943 these. The expansion of the third potline for jobs that will be created by the project, 375 will the Boyne smelter fits in with the Premier’s be at the Boyne smelter, 306 elsewhere in the light metals industry concept for Gladstone, region and 132 elsewhere in the State. The which he has been selling worldwide. I look 681 jobs that will come to the Gladstone forward to the commencement of construction region with the facilitation of this project will of the potline, due in June 1995, and the full generate some $28m in wages. That is $28m production of the third potline by 30 that will be spent on local businesses, which September 1998. In conclusion, once again, I will create further employment. During make all members aware that this project construction, the smelter project team plans to definitely has “Goss made” stamped on it. train local unemployed labour. That is a Mr GILMORE (Tablelands) (12.53 p.m.): significant achievement. The project team has It was interesting to listen to a couple of the already been working with the CES to find out contributions from the Government benches, what type of labour is available. Where particularly that from the Minister without necessary, the project team will be training duties, who made a 10-minute contribution to people. That will ensure that as many local the debate and then fled the scene. We are people as possible receive jobs during the debating the sale of one of the State’s most construction phase. important assets, and the Minister responsible As most of the steel fabrication work is did not even have the decency to stay in the carried out outside of Gladstone, the project House for the duration of the debate. He can be expected to involve a construction spent the whole of his contribution looking for work force of 600 people in Gladstone and promotion. He said nothing very much. 2 000 people throughout the State. The Mr W. K. Goss: I am the Minister completion of the smelter should result in the responsible. output of the Boyne smelter increasing from Mr GILMORE: No, I was talking about the 230 000 tonnes to 460 000 tonnes of Minister without duties. aluminium, which has been described as blocks of solid power. Because of the amount Mr W. K. Goss: No, you said, “the of power required to make aluminium, Boyne Minister responsible”. That’s me, and I’m here. smelter requires its own power station. Mr GILMORE: I accept that. However, he Congratulations must go to the Premier is the Minister for Minerals and Energy, and I of Queensland, Mr Wayne Goss, because this would have thought that the Gladstone Power project has “Goss made” stamped all over it. Station would have come within his portfolio The Goss plan for Gladstone has won him responsibilities. Nonetheless, it appears that deserved accolades in the region. I that is not the case, and I am pleased to have congratulate the Cabinet on its will to that on the record of Parliament. recognise that jobs and quality of life are at Clearly, the Opposition has supported the the core of Labor’s philosophy. I congratulate sale of the power station because of the the Premier’s Department and officers who benefits that will accrue to Queensland from it. have participated in the complex negotiation However, I would like to canvas some of the 30 November 1993 6168 Legislative Assembly reasons why we need to sell this power station Mr W. K. Goss: I will explain it when we to Comalco. It goes on the record of wrap up. Parliament that sovereign risk is one of the Mr GILMORE: It is an important point. most important factors in the conduct of business in the world today. It does not matter Mr W. K. Goss: Do you want to talk whether it is in Queensland’s jurisdiction or about it now? anywhere else. In the past, Comalco, being Mr GILMORE: Yes, I would be delighted. the owner of aluminium smelters throughout Mr W. K. Goss: Well, the price is $825m, the world, has discovered, much to its chagrin right? But there are some commercial issues and dismay, that although it believed it had an that require further negotiation and, agreement with a particular Government, depending on how they pan out, the price suddenly, whether as a result of a change of goes up and down according to that. Some Government or a change of ideals, the rules go the Government’s way and some go the changed and, therefore, that company has company’s way. The net result will be an been exposed to sovereign risk, that is, the increase of 25 per cent in the price overall. I increase in the cost of power and, therefore, think that’s a ballpark figure adopted by some the viability of the smelting operation. That journalists. happened in two other jurisdictions of which I am aware. During my consultations with Mr GILMORE: So it is $825m. I am people from Comalco, they could not stress reading from a letter to the editor from Mr De enough the need for certainty of supply and Lacy. certainty of cost of supply. So when Comalco Mr W. K. Goss: Yes, plus the decided to go ahead and spend $1.8 adjustments. billion—part of that being, of course, the Mr GILMORE: The editor’s note stated— purchase of the extra potline at Gladstone—it had the certainty of supply and cost. When it “The $500m ‘deal’ Mr De Lacy was factored together, Comalco was able to speaks of was the Ahern Government’s make sure that this very important introduction negotiating start point. The present of funds and investment into Queensland was Government’s ‘sale price’ of $825m not going to fail somewhere down the track included a $75m redemption from the because this Government or a future Commonwealth.” Government was going to change its mind. I Mr W. K. Goss: Yes. understand that, and I sympathise with it. I Mr GILMORE: But that is not paid by note that the Premier is nodding his head in Comalco? agreement. I believe it is a very important point that the members of this Parliament Mr W. K. Goss: No. understand the basic reason why Comalco Mr GILMORE: So I have that clear. There wants to spend so much money on is a little confusion in reports about the sale. investment in this State. Quite clearly, Tony Koch had a view. However, a little bit of confusion exists in Sitting suspended from 1 to 2.30 p.m. respect of the sale price of the Gladstone Mr GILMORE: Prior to the luncheon Power Station to Comalco. I refer to a Courier- adjournment, I was developing an Mail article of 27 October 1993 under the argument—and the Premier was kind enough hand of Tony Koch. The headline reads, “US to indulge me—to illustrate that one cannot powerhouse deal. Cash ensures Comalco necessarily agree with or believe all the things plan.” The article states— that are stated in the press from time to time. “Comalco has attracted American A considerable amount of misreporting and backing to buy the Gladstone power misunderstanding has accompanied this station for $850 million, virtually ensuring whole process from the time the sale was first the purchase.” mooted. I wish to extend the argument a little I thought that that must have been a reporting further. error. However, lo and behold, on 21 August Earlier, in this Chamber, the Premier was 1992, in a letter to the editor of the Courier- kind enough to agree that the sale price to Mail, no less an eminent person than Mr De Comalco was not the $850m that had been Lacy, the Treasurer of the State, stated— reported but that it was some kind of a “ . . . our selling price of $825 million.” formulation of that amount. The Premier said that the funds coming from the I wonder who is paying the $825m. Is Commonwealth in respect of this sale are Comalco paying that? associated with the early retirement of loans. However, on 10 October 1991, the Australian Legislative Assembly 6169 30 November 1993 reported that the compensation was due to believe it. The member for Bundaberg is trying the State for tax revenue that would accrue in to mislead the Parliament. the event of privatisation of the power station. In the Courier-Mail, a Comalco This shows that there has been some spokesman, Mr Karl Stewart, stated that considerable misunderstanding surrounding negotiations were still being finalised but that the whole process. the sale price would be approximately $500m. I raise that point to put to bed once and Comalco stated that the sale price would be for all the myth about a $500m offer. That approximately $500m, and a representative of myth has been very happily supported by that company was trying to promote Government members. When they were Comalco’s position by suggesting what the members of the Opposition, they were very purchase price would be. The article also happy to grasp that suggested sale price of stated— $500m. I have put together some reports that “Mr Stewart said: ‘The station was were published at the time and since then to built for between $500 and $600 million illustrate that it was nothing more than a myth 12 years ago. We think paying $500 and that the $500m was never an offer made million for it now is more than fair.’ ” by the Government but was, rather, an offer of purchase made by Comalco. It was Comalco’s Can any reasonable person in this first bid in a long and technical negotiating Parliament really believe that from Day 1 of procedure which is culminating in this the complex negotiations in relation to this legislation. It never was an offer by the former transaction, the Government of this State or Premier, Mr Ahern, stating, “Yes, I will sell this any other Government would immediately power station to you for $500m.” The myth accede if someone said, “We will give you began when the former Premier held a press $500m”? It would be foolish in the extreme to conference in Gladstone. The very next day, believe that. the Sun carried the headline, “State bid to sell Mr Bennett: Why did Bob Borbidge say giant power station.” The report stated— the offer was $500m? Your own leader said “The giant Gladstone power station that. may be sold to private enterprise in a Mr GILMORE: He did not say that. He $500 million deal. said that there was an offer of $500m. The Premier Mike Ahern confirmed today member for Gladstone is also trying to mislead the Queensland Government had been the House and live in the past. Only a short negotiating with aluminium producer time ago, the member for Gladstone spoke Comalco over the sale of the station . . .” during this debate and said that the price was $450m, and I can tell him where he got that Then, in the very next paragraph, the report from. On Tuesday, 2 December 1990, John went on to state— McCarthy—a junior reporter at the Courier- “Under the deal, Comalco will pay Mail—reported— $500 million . . .” “The sale was proposed by former That was where the myth began, and it was Premier Mr Ahern at a price of $450 grasped happily by all of the people who were million.” opposed to the sale at the time, including the That is where the member for Gladstone got press. that figure from, and it is the only time that the Mr W. K. Goss interjected. figure of $450m has appeared anywhere. The Mr GILMORE: Not in the least. This never member for Gladstone has grasped it and has was the shallow promotion that has been treated it as the truth because it suited his suggested by the Government. purpose to do so. He could come into this Parliament and say, “Those dreadful people Mr Campbell: $825m is better than were going to sell our power station for $500m. $450m.” That is absolute rubbish! The Mr GILMORE: I take that interjection. The member knows that it is rubbish. member for Bundaberg is promoting the idea Mr Bennett: You can’t rewrite history. of the $825m, but that is not the sale price. Today, the Premier told the House that it is Mr GILMORE: The member should not not the sale price, but the member for come into this Chamber and peddle these Bundaberg wants to promote that. He is living types of lies, which is exactly what he did. in the past and he, in common with Goebbels, At some stage, the press began to show believes that if something is said often enough and long enough, somebody will 30 November 1993 6170 Legislative Assembly some wisdom in relation to the deal. On 29 the end of the day, the Premier has come to May 1990, in the Australian Financial Review, the same conclusion that the previous Murray Massey wrote— National Party Government would have “In terms of sheer commercial reached four years ago. However, to return to opportunity,”— the point I was making, I point out that Mr Ahern was reported to have said— the article was written in the context of rejection of the sale price and at a time when “. . . the Government’s refusal to budge the negotiations had gone a little astray— on a $1 billion sale price for the project had resulted in a sad loss for the State. “yesterday’s rejection is a severe blow for CRA, which last year entered into And he said a figure of ‘somewhere negotiations with the former Ahern between $500 million and $1 billion was Government with $500 million as ‘the justifiable.’ ” starting figure’ for the power station.” The former Premier said that a figure of At long last, the message was beginning to between $500m and $1 billion was justifiable, get through. and what figure has the Government come up with? The Premier has stated that the figure is Mr Bennett interjected. one that is just about in the middle of that Mr GILMORE: But not to the member for range, save for the little bit that we are unable Gladstone because he is too thick and, to work out. According to National Party anyway, he was not even a member of members’ estimates and the Premier’s Parliament at the time. estimates, $750m is a perfectly justifiable price Mr BENNETT: I rise to a point of order. I and the Opposition is not unhappy with it. ask the member to withdraw that remark. I find However, the Opposition is unhappy with the it offensive. peddling of lies from the Government side of Mr DEPUTY SPEAKER (Mr Palaszczuk): the Parliament that continually promote the Order! The Chair has a discretion, and the suggestion that the previous National Party Chair does not find that remark offensive. The Government intended to give away a power member for Gladstone will resume his seat. station for $450m or $500m, or any sort of The member for Tablelands will continue. figure at all. I point out to the Premier that that is not so, and the Opposition does not accept Mr GILMORE: Thank you, Mr Deputy it. Speaker. The point I make is that there has been a lot of confusion throughout the whole In the late city edition of the Courier-Mail process, and the veracity of much that has dated 31 August 1990, letters to the editor been written is very questionable indeed. I from former Premier Ahern and former raise the point today because I want to nail to Premier Cooper were published. They were the floor once and for all the myth that written in response to an editorial published on Premier Ahern offered the power station at the previous day that was not terribly flattering Gladstone to Comalco for $500m. The figure to either of them and, with the indulgence of was mentioned as part of a negotiating the House, I will read them both into the package. record. In Brisbane on 30 August 1990, at a time Mr W. K. Goss: We are happy to have when the negotiations were not going very you incorporate them. well, former Premier Ahern was referred to in a Mr GILMORE: It is all too hard. Mr report in the Sun, which stated— Deputy Speaker has not seen them, so I will “Former Premier Mike Ahern said just have to read them into Hansard. today the failed Comalco bid for the Mr Borbidge: I think he should hear what Gladstone power station would already they had to say. be underway if he was still holding the Mr GILMORE: I think that the Premier State reins.” should hear this. I suppose that that statement is irrefutable. If Mr W. K. Goss: Instead of a speech, the present Government had got off to a good we’ve got to listen to you read newspaper start and had not simply sidelined this project clippings. because it happened to have a National Party Mr GILMORE: My very word! After all, brand on it, the deal would have gone ahead. what did the Minister do? The Premier has At an earlier stage in the debate, the said that he is the Minister responsible for one Leader of the Opposition accused the Premier of the greatest assets in this State. It is part of of having dithered for four years in relation to a ministerial portfolio; the Premier is selling it; this project. That is absolutely true because, at and the Minister is not even in the House. Legislative Assembly 6171 30 November 1993

Mr W. K. Goss interjected. “Yesterday’s editorial unfairly Mr GILMORE: The Premier made himself criticised me on the question of the sale responsible for this matter because the of the Gladstone power station.” Minister could not be trusted and because he I want the Premier to listen to this. That letter is useless. The Premier knows that, and that is continued— why he is sitting in that chair. “At no time did I say I was prepared Mr W. K. Goss interjected. to sell for $500 million.” Mr GILMORE: The Premier raised the That is a clear and unequivocal statement of subject. What did the Minister do? He fact by the former Premier. I repeat that he delivered a prepared speech. He leaned on stated— his lectern and, in his inimitable way, muttered “At no time was I prepared to sell for through a speech by which he hoped to $500 million. This was Comalco’s offer achieve nothing more than promotion for only at that stage and was disclosed himself by brown-nosing to the Premier. because people had a right to know that I want to read into the record the letters it was on the agenda. to which I referred. The letter from former Some discount on valuation was Premier Russell Cooper stated— always justified because of huge flow-on “I write in response to yesterday’s benefits of payroll taxation, stamp duties, editorial about the Comalco Boyne Island royalties, electricity sales and technology. smelter project. I resent the reflection on me in your To say I was ‘caught out’ by a memo editorial. To say I have been caught out which dealt with my request for a by the disclosure of departmental valuation of the Gladstone power station valuations is nonsense and is demonstrating ignorance of the need offensive.—Mike Ahern, Shelly Park, to set parameters for the negotiating Caloundra.” process. Of course that claim was nonsense and In any form of negotiation, there has offensive, because it was a lie. That claim was to be a low ($500 million in this case) and absolutely untrue. It was designed to promote a high ($1.1 billion)”— this Government. Members of the Labor Party which was, if members recall, the highest had absolutely no sensible reason to continue valuation proposed at the time. The letter with the lie that it had promoted when in continued— Opposition. This Government is bereft of truth. It would tell a lie if the truth would do. Even if “In between is the figure which has to be the truth would get this Government out of acceptable in the circumstances, with all trouble, it would still lie. other matters taken into account. I deliberately took the action of These include up to 1 000 jobs, participating in the debate on this legislation to $800 million capital development and raise the point that the National Party in $250 million a year in extra exports which Government was entirely responsible in raising would add at least a $6 billion positive this subject with Comalco and entirely impact on the nation’s balance of responsible in the negotiating process. It just payments over the life of the project, to so happened that we were unable to name but a few. complete those negotiations within the life of Also to be taken into account is the that Parliament. Nonetheless, there is no way desire or need for a second-hand power that the then National Party Government—or station. Whoever owns it, Comalco or the any future National Party Government—would Government, is up for a $200 million refit sell a power station such as Gladstone for and there won’t be too many potential $500m. buyers. This Government has lost many Time expired. projects the National Party Government would not have lost—from China Steel to Mr VAUGHAN (Nudgee) (2.44 p.m.): The the multi-function polis. Projects such as Gladstone Power Station, which has a total these pay the bills and keep Queensland generating capacity of 1 650 megawatts, was in the black.—Russell Cooper, Leader of opened on 17 September 1976. It has six the Opposition, Parliament House, generating units, each with a capacity of 275 Brisbane.” megawatts. Initially, its planned capacity was 1 100 megawatts—four units—but, in That was Mr Cooper’s response. On the same September 1975, it was decided to increase day, Mike Ahern wrote— 30 November 1993 6172 Legislative Assembly the number of units to six to meet anticipated power station to Comalco. As we are all demand in 1980, 1981 and 1982. Originally in aware, the sale price was reported as $500m. 1972, Comalco took out two options for 320 Comalco has argued that, because of megawatts of power from the Gladstone bad experiences it has had in other places Power Station for a proposed aluminium regarding power pricing, it wants to buy the smelter, but in January 1976 exercised its Gladstone Power Station to obtain security of rights in respect to 320 megawatts only. supply, availability and price of power. Of Because of the large amount of power course, this is not the first time that Comalco they consume, aluminium smelters have, over has sought to have its own power supply. In the years, created problems for the State’s 1981, the State Electricity Commission sent electricity planners. For example, in March out more than 200 copies of a tender 1977, it was reported that Comalco was registration document to companies around considering building a smelter in Gladstone. At the world that may have been interested in Comalco’s annual meeting on 22 April 1977, building a $1,000m private power station. In Comalco’s then chairman, Mr D. J. Hibbard, November 1981, it was reported that Comalco said that Comalco hoped to make a decision had submitted a proposal to the Government on the smelter before the end of 1977. On 21 to build a power station in the Bowen region. April 1978, it was reported that Comalco had In answer to a question I directed to him decided in principle to proceed with the on 2 December 1981, the then Premier construction of a smelter in Gladstone. advised me that Comalco had submitted a In August 1979, Alcan Queensland proposal to build an 800 megawatt power announced plans to build a $250m smelter at station in the Bowen region on sites to the Gladstone. On 28 August 1979, the Courier- south and west of Bowen. He said that timing Mail reported that Comalco had announced of the project would depend on the outcome plans to double the size of its proposed of detailed investigations into the future world Gladstone smelter, with the first two potlines demand for alumina and aluminium, and such producing in 1982 and the second two investigations were not expected to be potlines becoming operational in 1983 and completed until 1982. Comalco, of course, 1984. The report stated that negotiations on operates its own power station at Weipa, and power requirements had been going on for Mount Isa Mines operates a power station at some time between Comalco officers and a Mount Isa that supplies power to Mount Isa State Government committee, and Comalco and the surrounding area via the State grid. wanted 720 megawatts of power from the In June 1981, at the time the Gladstone Power Station. Government was considering allowing private However, a report in the Australian on 28 enterprise to build and operate power stations August 1979 stated that the third and fourth to supply the State system, I voiced my potlines were anticipated to come into opposition to such a proposal, but I said that production progressively between 1985 and industries that required huge amounts of 1989. In October 1984, when construction of electricity should be required to build their own the first stage of the Boyne Island smelter was power stations. In September 1989, when I nearing completion, Comalco denied heard that Comalco wanted to buy the suggestions that its purchase of a $400m Gladstone Power Station to supply the United States aluminium operation would expanded Boyne Island smelter, my first mean the deferral of the expansion of the thought was why would not Comalco want to smelter. Comalco’s then managing director buy the Callide B Power Station, which was and chief executive, Mr Mark Rayner, stated virtually brand new and which would meet at the time that the timing of any expansion almost all of the smelter’s power consumption. was always dependent on world aluminium At the time, I reasoned that both power demand. stations were worth about $1 billion each, In April 1989, it was reported that notwithstanding that the then Government Comalco had set October 1989 as the was reported to be looking—and I repeat: deadline to complete feasibility studies on “reported”—at a price of $500m for the doubling the capacity of the Boyne Island Gladstone Power Station. Having a fair idea of smelter. In September 1989, the Courier-Mail what Comalco was paying for power, I also reported that Comalco wanted to buy the could not see how it could be any cheaper if it Gladstone Power Station as part of its owned the power station. However, Comalco expansion of the smelter, and the then has obviously done its sums, and since 1989 Premier, Mike Ahern, said that expansion of the sale of the Gladstone Power Station has the smelter depended on the sale of the been the subject of protracted negotiations. Legislative Assembly 6173 30 November 1993

As a result, we have before us a Bill which unit—275 megawatts—because the smelter represents the outcome of those negotiations. load has to be maintained, the amount of The Premier outlined the provisions power being fed into the State grid would contained in the Bill. Comalco is to pay $750m have to be reduced by 275 megawatts. for the Gladstone Power Station. The State Ownership of the Gladstone Power Station will gain a further $75m from the will, no doubt, give Comalco security of supply, Commonwealth Government by way of availability and price of power. However, under forgiveness of concessional loans raised for the interconnection and power pooling the construction of the power station, and agreement, the price that is paid for power Queensland will secure approximately $1.8 supplied into the State grid from the billion of private investment. The two existing Gladstone Power Station should reflect the potlines at the Boyne Island smelter will be conditions under which that power is supplied. upgraded, and a third potline will be added, The price of power that may have to be taking the smelter’s capacity from 230 000 supplied to the smelter from the State grid tonnes to 460 000 tonnes by early 1998. should be determined similarly. Importantly, 943 new permanent jobs will be The Bill gives the State the right to created, 681 of which will be in the Gladstone reacquire the Gladstone Power Station if the area. third potline is not in operation by 30 September 1998. Although reacquisition rights The Bill provides that, in accordance with exist until 1 April 2001, by that time the the provisions of the Electricity Act, a licence Gladstone Power Station will be 25 years old will be issued to the owners of the Gladstone and by normal standards—and I emphasise Power Station to enable them to operate. “normal standards”—will be approaching the However, although the Bill prohibits the end of its operating life. Under the terms of Queensland Electricity Commission from fixing the sale agreement, Comalco is to commence or controlling prices or methods of charging for construction of the third potline by 30 June electricity supplied under the licence, it does 1995 and have it in operation by 30 not prevent the commission from negotiating September 1998. By that time, Comalco prices or methods of charging. In the would have been operating the power station Schedule to the Bill, reference is made to an for four and a half years, supplying interconnection and power pooling agreement approximately 1 000 megawatts a year into which, as defined, will spell out the terms the State grid. If, subject to force majeure as under which the Gladstone Power Station will defined in the Bill, the smelter is not supply power into the State grid and the completed on time, Comalco could continue Boyne Island smelter will receive power from to operate the power station for another two the grid. That agreement is, of course, very and a half years under the terms of the crucial to the whole exercise because of the reacquisition provisions of the Bill. amount of power that the smelter will require Rather than providing the right to the when it is in full operation—that is, 786 Government to reacquire the power station if megawatts. Comalco does not proceed with the Although the amount has been quoted construction of the third potline, I would have as 786 megawatts, for the purposes of this thought that provision of a monetary penalty exercise 725 megawatts will suffice. which was related to the amount and price of Theoretically, that would leave 925 megawatts power supplied by Comalco into the State grid that could be fed into the State grid. However, would be a better proposition. Such a penalty because of maintenance, breakdowns and could ensure that the State did not sustain a other reasons, the power station is unable to monetary loss through the sale of the power deliver power at its full capacity constantly. As, station if the benefits to the State from the according to the latest Queensland Electricity third potline did not materialise. For example, Commission annual report, Gladstone Power if for some reason other than force majeure Station’s availability last year was 85.9 per the construction of the third potline is not cent, that would theoretically leave, on started by 30 June 1995 or is not completed average, 692 megawatts available to be fed by 30 September 1998, Comalco would have into the State power system. been operating the power station at the same rate of return as the Queensland Electricity However, because there must always be Commission for that period. That would a reserve for the power to the smelter, the represent a loss to the State but a gain to State system cannot rely on receiving that Comalco. amount of power continuously. For example, if the station were suddenly to lose one As from 30 September 1998, if the smelter is not fully operable—that is, if the 30 November 1993 6174 Legislative Assembly third potline has not been installed and Comalco is getting a very good deal. operating—the State can set about Comalco has acquired the largest power negotiating the reacquisition of the power station in the State—a power station which, station. Under the provisions of the Bill, the last year, supplied 29.6 per cent of the State’s State has the exclusive right of reacquisition power on the grounds that it could not or until 1 April 2001. So a situation could exist would not proceed with the construction of the subsequent to 30 September 1998 in which third potline at the Boyne Island smelter construction of the third potline could have unless it was able to buy the power station. All been started but not completed, giving the through the negotiations for the sale of the State the right to reacquire the power station. power station to Comalco, Comalco has used However, I could imagine that, should such a the construction of the third potline as its situation occur, the State would be hesitant to bargaining chip. With the passing of this proceed with reacquisition and Comalco would legislation, the ball will be in Comalco’s court, be most reluctant for that to happen. and it is up to Comalco to honour its Then, of course, there is the possibility commitment to the State. that, come 30 September 1998, construction Mr FITZGERALD (Lockyer) (2.59 p.m.): I of the third potline has not even commenced. join Opposition members who preceded me in The State would then have just grounds to the debate in saying that the Opposition proceed to reacquire the power station, as the supports the legislation for the sale of the Bill says, on terms to be agreed between the Gladstone Power Station. Some Government State and the vendors, whoever might own members have expressed concern that the the power station at that time. The question is: Opposition has not always been supportive of under the provisions of the Bill, does the State that type of legislation. In my shorthand have until 1 April 2001 to initiate reacquisition scribble, I took down part of what the Minister of the power station or must reacquisition be for Minerals and Energy said in his speech. I completed by 1 April 2001? I understand that have written— the position is that negotiations for the “It should be, for the Opposition, a reacquisition can go beyond 1 April 2001. day of shame. The Opposition placed Of course, come 1 April 2001, Comalco obstacles in the way of the project.” would have been operating the power station When Mr McGrady, the Minister for Minerals at the same rate of return as was the and Energy, said that, I thought, “What Queensland Electricity Commission for just obstacles did the Opposition place in the over seven years. That is why I would like to Government’s way?” I listened with bated see the imposition of a monetary penalty if the breath for an example of that. Not one third potline does not proceed as provided for example was given in the Chamber. in the Bill. Although I sincerely hope that expansion of the smelter proceeds as planned The Leader of the Opposition said that for the good of the State, I do not want to see the Opposition supports the legislation. In a the State suffer a substantial loss if, for some briefing by people from Comalco the reason or other, the smelter does not proceed Opposition was told that Comalco was as planned. However, if construction of the appreciative of the Opposition’s not interfering smelter has not even commenced by 30 in the negotiations when they got to the September 1998, I believe the State would technical stage. The operation is a commercial also be justified in demanding that the one, and it is very difficult for outside people to interconnection and power pooling agreement make comments when the negotiations are at be terminated forthwith and renegotiated. No a commercial level. The Premier must realise doubt, there are provisions along that line in that the Opposition did not try to muddy the the interconnection and power pooling waters. We were in favour of the principle of agreement. If perchance the smelter is the concept. constructed and in operation by 30 I remind the Minister for Minerals and September 1998 in accordance with the terms Energy that I asked the Leader of the of the sale agreement, that will mean 386 Opposition whether there was any indication megawatts less that could be supplied into the that the Comalco people believed that the State grid by Comalco. The Queensland Opposition were getting in the way of the Electricity Commission would have planned commercial operation. the State’s power system accordingly. A Government member: Yeah, you However, as I said at the outset, aluminium were. smelters create problems for the State’s electricity planners. Mr FITZGERALD: I do not know which member made that interjection. Government Legislative Assembly 6175 30 November 1993 members are silent now, but one them had better not use it. I am amazed that the interjected that we were getting in the way of Government should find “profit” a dirty word. business. I asked the Leader of the NRG, the chosen operator of the power Opposition if the Minister had any justification station, comes from Minneapolis, USA. It has for saying that. The Leader of the Opposition vast experience with power stations. This advised me that he had attended a function competition will present a great challenge to at the Cairns Amateurs race meeting that was our other power stations. I believe that the sponsored by CRA. All honourable members Queensland system is operating quite well, will know that CRA is a major player in but it is good to have another operator Comalco. He said that a senior executive of involved to see what improvements can be CRA paid a tribute to him and the rest of the effected. Opposition for the support that was given to I understand that the power station does the sale of the Gladstone Power Station. That need extensive refurbishing at the present conversation occurred in front of the time. I understand also that no substantial Treasurer. The Minister for Minerals and amounts of money have been spent on that Energy says that the Opposition has been power station over a number of years—at throwing every possible obstacle in the way of least the past four years, anyway—since this the sale of the Gladstone Power Station. Government took over negotiations. The However, a senior executive from CRA has station needs to be refurbished now. To have paid a public tribute to the Opposition at the a life of 35 years—I think that is what the Cairns Amateurs function. The Treasurer was smelter line is programmed to do—obviously it present at that function. I ask the Premier to will need refurbishing half way through that advise his Minister to check before he makes period. One interesting point will be the his views known. operational problem of how the Gladstone An Opposition member: Do his Power Station will be fitted into the State grid. homework. All honourable members know that the Bill Mr FITZGERALD: The Minister should do contains quite a few clauses that show how it his homework and get the story right. He will do that. My understanding is that one-third made the accusation but did not cite one fact of the power generated at the station will go in support of it. into the State grid and the other two-thirds will go to the Boyne Island smelter. The Minister had some difficulty with the philosophy of the State selling off an asset to The previous Minister for Minerals and a private company. The previous speaker—a Energy, the member for Nudgee, indicated former Minister for Minerals and Energy—gave that the power station had an 89 per cent members a lesson on the history of the availability. He then worked out from that how Gladstone Power Station. I thank him for that. many megawatts of power would be He should have also advised honourable transferred into the State grid. It does not work members that he had great difficulty at the that way, because “availability” does not mean time the sale was proposed. The reaction of that power is generated for so many minutes the former Minister, along with the member for and then not generated and then generated Gladstone—who was a member of the for so many more minutes. It means that ETU—was one of shock/horror when the sale production of power is lost; therefore, there is was proposed. He was an operator at the a need for back-up. power station. There was a lot of opposition to As far as world standards are concerned, the sale—natural opposition—from workers the power station is quite acceptable. and the ETU at the time. I can understand However, it is important that it remains part of that opposition. the State grid. All members know that it is The Government should not say that the absolutely impossible to run a smelter line with Opposition is opposed to the sale. Most of the only one power station. Back-up has to be opposition came from the Government’s own available. The relationship between a private colleagues on that side of the House. That enterprise power station and the State grid will opposition is understandable. It is quite prove to be very interesting. I am a strong acceptable that it should come from that side advocate of seriously considering private of the Chamber. The concern was that some power stations entering the State grid at operator from another country would come in certain stages. I think that needs to be and operate the power station to make a considered, although I do not say that it will be profit—a profit for private enterprise. That is a economically viable. Members know that with shock/horror statement from the Government. its great assets the electricity industry can It is hard to put sarcasm into Hansard, so I borrow at very low rates of interest. It is also known that the interest on capital is one of the 30 November 1993 6176 Legislative Assembly major costs in operating a power station. It is rights. However, if there are benefits for this not just the cost of fuel and labour, it is also State in selling power interstate and bringing the cost of interest. Of course, Governments power from interstate at times, it should be throughout the world can generally borrow at done. lower rates of interest than can private I look forward to the day when a private enterprise. That is a fact of life. enterprise power station is operating in Let us take an example of what happens Australia and supplying a base load into the in other countries. In the United States of system so that we can all enjoy cheaper America, private enterprise supplies power to electricity. I think it is important that the trade the national grids. Any generator of electricity union movement, particularly the Electrical has the right to supply power. The price Trades Union, realises that competition is the structure is set up in such a way that if an heart of our society and that unless we are operator becomes unreliable, a very low price willing to face the competition, then all the is paid. If an operator is willing to supply during users of electricity will not receive the benefit peak periods, a very high price is paid. If an of lower prices. operator is on demand to come in at peak This Government has set up the periods, a very high price is paid, but if just a electricity industry as a milch cow. I know that base load is being supplied, then the price is term has been used by a lot of people. I very low. Any number of private enterprise cannot think of a better example. It has been operations can supply the national grid in the indicated that, in January 1995, the United States of America. Queensland electricity industry will be The system in Europe is amazing. There corporatised. An income tax equivalent will be is now a network of power grids that run from paid on the profits, and that will go to the England to Norway, right over as far as State consolidated revenue. Also, up to 100 Greece and through to Bulgaria and some of per cent of the residue could be paid to the the other eastern European countries. There State. The Minister keeps saying that the is one power grid, and each of those countries shareholders in the electricity industry will supplies that power grid. The form is of the receive a dividend. The shareholders in the same type as the American form. However, industry are the consumers. The State does each of those countries maintains its own not put money into the electricity industry. The integrity. While each sovereign State is electricity industry borrows its own money and connected into the European grid, it retains its the consumers pay the tariffs to pay off that autonomy—it is not part of an overall interest in redemption. European grid. It is trite for the Minister to say that the Of course, that is a great advantage State owns that asset. Of course, it controls because in the winter months the southern that asset. But the electricity consumers power stations are all fired up and all the should get benefits, not the State, which power goes north. In the warmer months, the would use the revenue for other purposes. load goes south. There is a spread across That would be completely wrong and immoral. Europe with the peak demand being spread I will keep correcting the Minister, wherever across a number of countries. That means possible. that each country participates in this scheme In summing up—the Opposition is very and each country benefits from much cheaper disappointed that the Minister for Minerals and power overall. Energy should attempt to say that the There is even a big DC cable under the Opposition has been placing obstacles in the English Channel. Because AC power could way of this deal before the House today. I not be sent under the channel, it was have seen no indication from anyone that we converted to DC power and sent through a big have been opposed to it. The Minister came DC cable under the channel—a massive up with no examples whatsoever. This copper pipe, I understand. So England and indicates that he does not have a grasp of the France now share electricity. I am saying that issues before the Parliament. He just wants to when we talk about a national grid in play a cheap, dirty political game. It is a day of Australia—and we are talking about private shame for the Minister. enterprise coming into it—I believe that we Mr Gilmore: Typical hollow rhetoric. should certainly connect with the other States; however, State autonomy should be Mr FITZGERALD: As the member for maintained. We should not sell all of our Tablelands says, it is typical hollow rhetoric, electricity industry to a national authority. We which we are used to hearing all of the time. I must maintain our integrity; we must retain our think the Minister has lost the plot. Legislative Assembly 6177 30 November 1993

Mr BARTON (Waterford) (3.12 p.m): I Petersen, was saying very blandly to Comalco, support the legislation because it creates a “I don’t care if your smelter does freeze over, if large number of jobs and it creates a that’s part of the price that we have to pay to significant amount of investment in this State. get these unions.” That was the attitude of the A figure of $1.8 billion has already been National Party at the time. The honourable mentioned. The sale of the Gladstone Power member for Gladstone is aware of that, Station secures the supply of electricity to the because of his involvement at the Gladstone Boyne smelter for Comalco and its partners. It Power Station. I want to reinforce that the secures the price of electricity to the smelter members on our side of the House, both in and it avoids the problems that have been their previous employment and as members seen in other States, and certainly in other of the Government, are committed to ensuring countries—not only those in which Comalco that the continuity of the electricity supply is operates but also those in which other large maintained to the Boyne smelter, and aluminium companies operate. The problems certainly an expanded Boyne smelter. arise from the pricing policy for electricity for Because of my interest in the large those smelters. number of jobs that the sale of the Gladstone That has occurred in Victoria with Alcoa, Power Station will generate, I will repeat some particularly at the Portland smelter. People of the figures that have been quoted. The 943 believed that Alcoa was not receiving a fair direct jobs in the operations of the smelter are crack of the whip through an unfair electricity important. The Minister for Minerals and pricing policy. Also, from the negotiations with Energy talked about the other jobs—some Comalco in which I have been involved during 2 000 inside Gladstone itself, because of the my previous employment, I know that it was multiplier effect, and some 400 elsewhere very concerned that Governments had the outside of Gladstone. In this day and age, right to set policies for the pricing of electricity. they are very significant numbers of new jobs. It accepted that. It experienced a similar Members of the Government are aiming to situation in New Zealand at the Bluff smelter. ensure that all of the parameters are met to It wanted the capacity to have its own allow this sale to proceed. A large number of electricity generation and the capacity to construction jobs will be created over the years ensure that the policies for the pricing of that the third potline is under construction. power from its smelter was fair. From my experience with projects of that I turn now to securing the supply of nature, it is usually well over a 1 000 jobs for a electricity to the Boyne smelter. The number of years for a project of that size. If importance of this was mentioned this this is to occur—and I am very confident that morning by the Leader of the Opposition. He we will see that third potline built and that the seemed to be implying that that was not really power station will change hands to Comalco understood by the trade union movement of and its consortium—we are also likely to see, this State. It is certainly an important issue for ultimately and not too far away, a new the operators of any potline. At least the alumina plant. Opposition Leader correctly said that a potline That will also mean extensions to the is very difficult to dig out—it is not just that it mine at Weipa. It will generate the critical gets dirty; if the whole potline is full of solid mass that will ensure that investments in other aluminium, it is a massive job to clear it. metal plants occur in Gladstone, particularly in I would like to remind people that, during the light metals area. This has been mooted, the days of the 1985 SEQEB dispute which, and the Premier spoke about this on his return thankfully, is a long way behind us now, the from Asia. It will help to provide that critical trade union movement in this State was mass, so that other major manufacturers and constantly in contact with Comalco—and it, in investors will be able to see that there is a very turn, with us—because it was terrified that the strong commitment from this Government and Boyne smelter, at that time of very low from this State to ensure that Gladstone does aluminium prices, could have been frozen. Its become the light metals capital of the world. view was that if it were frozen, it would never That will, in turn, lead to major manufacturing be reopened. We certainly worked very hard in automotive components and aircraft to ensure the supply of electricity to that components over the medium to long term. smelter. We achieved that in those difficult Another factor makes me want to support times. this legislation very strongly. In a Matters of By comparison, I want to put on the Public Interest debate in October, I referred to record what was being said to us at that point. the Wik people’s claim. We really need to The Premier of the day, Sir Joh Bjelke- ensure that all of these parameters are resolved. This will ensure the future viability of 30 November 1993 6178 Legislative Assembly

Queensland Alumina Limited’s alumina plant benefits in the fund. The Queensland and the Weipa mine. We should not lose site Electricity Supply Industry Employees’ of the fact that, unless we continue to get the Superannuation Scheme is a very good new value-added industries—the scheme. It is a fully funded scheme, as is the downstreaming of the aluminium—we run the case with all of the other State Government risk that as those plants get older they will not public sector schemes. It is actuarially very have major capital investment put back into sound. It is administered excellently by the them. We could ultimately lose QAL and Director of the Queensland Electricity Supply production from the Weipa mine to major Industry Employees’ Superannuation Scheme overseas mining companies. Office, Errol Hay, and his team. They answer I will return to some of the specifics in the to the board, which is currently chaired by Bob Bill. Naturally, because of my background in Hendricks, who is well-known to many the trade union movement, I am particularly members of this Parliament. So I can keen to see the resolution of certain issues. understand why those employees would want Part 5 of the Bill permits changes to the to remain as members of that scheme. Queensland Electricity Supply Industry The Bill also provides that employment Employees’ Superannuation Scheme to conditions will not be set by the Queensland extend its operations to the people who are Electricity Commission. Once the transfer no longer employed in the electricity industry takes place, the employment conditions for but who are employed by the new generating those employees will be set either by company. The Bill applies that scheme to the negotiations with the new employer or by the new participating employer under appropriate State Industrial Commission, if agreement regulations that have been determined. cannot be reached. All of the typical employment conditions, including salaries and The new owners of Gladstone Power wages, are being negotiated right now and Station, Comalco and its consortium, may have been virtually resolved through the become an employer under the scheme. That extensive negotiations that have taken place is important to the people in the industry who not only between this Government and the are currently employed at Gladstone Power electricity industry, with the unions acting on Station. It will ensure their continuity in that behalf of the employees, but also with very good scheme, about which I will speak Comalco and its consortium. As I say, those shortly. The Bill also redefines the part that the negotiations have been most extensive, and I Queensland Electricity Supply Industry was pleased to hear earlier speakers pay Superannuation Board will play in facilitating tribute to the way in which the union this change. It is important that these changes movement has conducted itself right be carried out correctly. throughout this process. The negotiations Another provision that is very important to have been three-way negotiations. When the the employees of the industry and the current sale is completed, it will be the responsibility of employees of the Gladstone Power Station is the work force and the unions to negotiate clause 26. That clause will ensure that at the with the new owner in respect of salaries and changeover those employees will be provided conditions. To date, a great deal of progress with certificates outlining their entitlements. It has been made in that respect. is very similar to any transmission of business The work force and the unions are in that takes place in the commercial world. agreement on this sale. Certainly, there was Clause 26 spells out that those entitlement the apprehensiveness to which other speakers certificates have to be given to the have alluded. The sale of a major public employees. The certificates will cover such asset, such as the largest power station in the things as annual leave, long service leave and State, with all of the implications that go with their entitlements in the superannuation fund. that, is certain to cause some concern. It is a It is also very important that those certificates power station that directly employs hundreds be issued correctly. The clause provides for of people. However, overall, the union mechanisms to allow them to be corrected if, movement supported that sale, provided that in fact, any error does occur. the deal was right. Certainly, some unions were more apprehensive than others at the As I have already mentioned, the current time of the announcement and at the time of employees may remain in the Queensland the negotiations. Others were much more in Electricity Supply Industry Employees’ favour of the sale. The unions who hoped to Superannuation Scheme. That is a defined gain from having many more members benefit fund. Once the employees transfer to employed at Boyne smelter were much more the new employer, they can also transfer their in favour than those who were concerned that Legislative Assembly 6179 30 November 1993 their members may lose their jobs or been running the power station down. That is conditions. However, from the very beginning, not correct. I have been very reliably informed overall, the trade union movement of this that in the immediate past $42m was spent State supported the sale of the Gladstone on upgrading the control systems in the power Power Station, provided that the deal was station and there has been extensive retubing right. of the economisers on all of the boilers, which I will talk about that in a little more detail. is a major job. The international industrial When the price of $500m was being mooted, assessors from the United States remarked on the deal was not right. The deal that has now how well the Gladstone Power Station has been struck is appropriate. been maintained. They found the Gladstone Power Station to be extremely well Mr FitzGerald: What was the deal then? maintained. I place that on the record in Mr BARTON: For the benefit of the answer to some of the comments made by member for Lockyer, I will refer to it. I was the some members of the Opposition. Acting Secretary of the Trades and Labor Council of Queensland on the day that Mike This legislation is good legislation. It will Ahern made the announcement in Gladstone. ensure major investment in this State. It will Representatives of Comalco rang me several create significant numbers of new jobs. It will hours before that announcement was made. send a strong message to all other potential They wanted the trade union movement to be investors in major projects in Queensland of aware of what was being proposed so that the this Government’s commitment to investment genuine concerns of employees could be and its commitment to development in this answered very quickly. I have a clear State. It will be good for Gladstone and for all recollection that what was said to me by the of Queensland. I support the Bill. representatives of Comalco on that day was Mr NUTTALL (Sandgate) (3.28 p.m.): I that the deal was $500m firm. I took very rise in support of this Bill. I will address two careful note of what the then Premier, Mike aspects of it. The first is the valuations that Ahern, said to the press that day. It was very have been spoken about at length in the clear that the then Premier said that the debate and to which I will return later in my amount was $500m. speech. The other aspect that I will touch on, For the benefit of the member for and which has been touched on by the Lockyer, I point out that in my former job I was member for Waterford, is the issue of also involved in many of the early conditions of employment for the employees. negotiations. In those discussions, Comalco In his second-reading speech, the made it very clear to me that it believed that it Premier mentioned that there were four prime had a deal with the previous Government for aspects of the Bill and, of course, one of $500m and that, as far as it was concerned, those was the conditions for the employees of that was a fair price to which this Government the power station. When the sale is effected, should be bound. I nail home that point the bottom line is that the power station has to because some people are trying to pretend run and run effectively not only for Comalco that they were not prepared to sell this power but also for the consumers of this State. Prior station for $500m. Let me assure the House to the completion of this sale, the Government that they were prepared to sell it for that sum. has undertaken vital steps to assure the In returning to the subject of the affected employees that conditions will not be negotiations, I point out that most of the eroded in any way, shape or form. It is our aim concerns of the union movement on behalf of to make the transition as equitable as is its members, the employees of the Gladstone possible for all parties involved in this Power Station, have been overcome. Once transaction. This Government accepts the the sale goes through, it is no longer the obligation to provide the necessary responsibility of the Queensland Government. mechanisms which will complement the Negotiations to settle the new wages and negotiations currently under way between the conditions are virtually concluded and have employees and the purchaser. Pleasingly, all been making very satisfactory progress. The of these provisions have been set out clearly position is that the deal is correct. The unions in this Bill. have been constructive and positive throughout this process. They have also been A number of the provisions of this Bill extremely cooperative and they have obtained have been inserted to recognise the current a good deal for their members. conditions of employees at the power station and, most importantly, as has been said, to I refer to the comment made by the preserve superannuation entitlements. Those member for Lockyer that the Government has 30 November 1993 6180 Legislative Assembly provisions will complement the final aspects of the power station. That logic does not work, the employment contracts. Therefore, the because the earnings of the Gladstone Power employees should feel very confident that this Station over the same period—not just the Government is taking steps to ensure that worth of the station, but its actual earnings their conditions will not suffer as a result of the over that period—have not been considered. sale of the power station. In 1992, Deloittes estimated that, on Members would recall that, prior to 1989, average, the Gladstone Power Station earned industrial relations at the Gladstone Power a taxable income of $62m a year, or $288m Station were probably at an all-time low. over that same four-year period. The Leader Actually, industrial turmoil at the Gladstone of the Opposition has put forward a figure of Power Station was probably worse than at any $844m. If the earning capacity of the station other power station in the State. It was only over that same four-year period, which is after Labor came to Government in 1989 that $288m, is deducted from that amount we it managed to turn that situation around. The would arrive at a figure of only $557m. That Labor Government not only managed to turn figure is still well short of the actual price that around the industrial relations problems at the this Government has managed to achieve. power station but also it managed to reach That figure of $557m is significantly less than agreement with the trade union movement, the $750m which will be received, plus the particularly in the electricity industry, in relation other $75m that the Government should pick to a continuity of power supply agreement. up from the Commonwealth. So the argument Since this Government came to office, no that has been put forward of selling the station power has been lost in this State as a result of earlier does not hold water. All I can say is that industrial action. That is a great credit not only the price that this Government has managed to the Government but also to the work force to achieve for this station is a fair and and to the union movement. Of course, equitable price not only for the citizens of negotiations with this power station have been Queensland but also for Comalco. I think that going on for some time. They have been very it augurs well for the future of this State. delicate and, despite a number of adversities, Hon. W. K. GOSS (Logan—Premier and we have managed to work our way through Minister for Economic and Trade them. We now have a transition period Development) (3.35 p.m.), in reply: I thank all coming up during which the power station members for their contributions to the debate changes from being a Government-owned and, in particular, I would like to thank the power station to a privately owned power Opposition for its support for the legislation station. I am sure that that transition will go and its intention to vote in favour of it. very well. However, at the outset of my reply, I should Of course, the main thing that must be give credit where credit is due; that is, to the borne in mind is the whole issue of why the officers of the Queensland public service, and power station was sold—jobs for Queensland; other consultants who were engaged, and jobs, jobs and more jobs. This morning, during who have put in a year—varying from person the Matters of Public Interest debate, to person—of very difficult, very complex work, members heard criticism of the Government’s to bring off this agreement. In particular, I give Jobs Plan. If it was not for this type of sale credit to Dr Craig Emerson; Mr Erik Finger of and this type of approach by this Government, my department until his illness; and Mr things would be far worse. It has only been Graham Francis and Mr Paul Woodland from through such mechanisms that this my own office who played an integral link role Government has managed to continue to in keeping me abreast of the issues and in create jobs in this State. ensuring that I was able to intervene in the I refer to comments by the member for negotiations and discuss matters with senior Tablelands and the Leader of the Opposition Comalco representatives at key stages of the regarding the valuation of the power station. negotiations. I also include in that group the The Leader of the Opposition tried to put whole of the GPS team—too many people to forward the argument that the price of $500m, mention—led by Mr Neil Cusworth. I express which is what the station would have been my appreciation to all of those people for what sold for in August 1992, is better than the was an outstanding effort that has reaped $750m that we are receiving now for the great benefits for this State. It is not just a very power station. Basically, his argument was large deal by Australian and world standards; that if the power station had been sold in it is one of the most complex deals taking 1990 with the $500m being received over a place at the moment. It is to the credit of all of four-year period and invested at about 14 per those people that they were able to pull it off. cent, we would now have received $844m for Legislative Assembly 6181 30 November 1993

On the other side of the fence, I extend made by Cabinet to sell. The reason for my appreciation to Comalco for its patience, pulling back from negotiations was that the its tenacity and its continuation with the Government was going to require a fair price negotiations through difficult stages. I extend for the taxpayers of this State, which is what my appreciation to Mr Nick Stump, Mr Frank we eventually received. We were not prepared Gilletto, Mr David Carland and, of course, Mr to start at the bargain basement price of John Ralph, the head of CRA with whom I $500m, which had been floated in late 1989 engaged in discussion on a number of more out of circumstances to do with internal occasions in Brisbane, Melbourne, Perth and problems in the National Party than in the Tokyo. I forget any other places in which I interests of this State. We also heard a engaged in discussions with him, but certainly diatribe about corporatisation. I fail to there were extensive discussions at various understand the relevance of that topic to this difficult stages of the negotiations, and this is particular debate, so I will pass on. the result that we have before us today. In concluding his remarks, the Leader of I will now deal with the contributions in the Opposition also made the point that some more detail, in particular that of the Gladstone was only one of several options in Leader of the Opposition. He had a series of the world for Comalco, which is exactly this criticisms and complaints about the Government’s point. The fact is that, in terms Government, most of which we have heard of several options open to Comalco before. However, he concluded by saying that throughout the world, the company decided to it is a reasonable agreement, and the stick with Queensland because Queensland Opposition would support the legislation. We was the best option, and so was dealing with appreciate that. There were a number of this Government in getting the result that it references to the alleged delays by the wanted. On the argument advanced by the Government, and how it took four years to Leader of the Opposition himself, the present the legislation to the Parliament. I Queensland Government was the best option think that portrays a fairly basic in the world. The bottom line is that the misunderstanding, a fairly basic lack of previous Government could not, and did not, appreciation of the complexity of the deal, deliver. After a year’s hard work, this which the Leader of the Opposition has Government has delivered. displayed from time to time over the last Mr Borbidge: After four years. couple of years when he endeavoured on a number of occasions to frustrate or derail the Mr W. K. GOSS: The detailed negotiations at various sensitive stages of negotiations have been going on over the those discussions. course of the last year. Prior to that, there was a shorter period of negotiation leading up to The other point that he made was that if the agreement in principle. Prior to that, there the Gladstone Power Station had been sold at was a breakdown in negotiations because this the National Party’s price of $500m, then Government was not prepared to sell at the Queensland would have been in the same National Party bargain basement prices. position or better off. The member for Sandgate, who has been a member of this With the Leader of the Opposition’s usual House for a lot shorter time than the Leader of breathtaking capacity to misquote facts and the Opposition has been a member, was able history, in dealing with native title he said that to demolish that argument very quickly. I the Government had failed in its request of commend him for that, and agree with his the Federal Government for the introduction of analysis of the shortfall in the argument put validating legislation or specific validating forward by the Leader of the Opposition in legislation. The Queensland Government’s terms of the calculation of the interest rate request of the Federal Government was to and the failure to take into account the have either specific or general validating earnings of the power station as calculated by legislation—we did not mind which—and it was Deloittes. given validating legislation in respect of title, which was one of the two options requested. The Leader of the Opposition also claimed that a real problem during a The Leader of the Opposition also significant stage was an objection by sections mentioned the guarantee in respect of QEC’s of the Labor Party to privatisation, which credit rating. QEC has an excellent credit caused the Government to pull back from rating, which is currently AAA. All this negotiations. I can assure the House that that Government has done is guarantee to is not the case. The facts speak for maintain the standing in respect of its credit at themselves. Very early during this the A level, which I do not think will be a Government’s first term, the decision was problem. I think it was reasonable for the 30 November 1993 6182 Legislative Assembly

Government to give an assurance, and that is Government’s Mabo legislation. She went on what the Government has done. The private about this issue at some length, so I think she sector and the company have received the accidentally had slipped into her speech notes assurance that the Government will maintain a couple of pages from her Mabo speech for its policy of delivering a high level of next week. It was interesting to get a preview, creditworthiness on the part of QEC in terms even if it did not add much to the debate. She of its capacity to meet its obligations. also raised the issue of the Government’s The Minister for Minerals and Energy and guarantee, and I believe I have dealt with member for Mount Isa, Mr McGrady, rightly that. emphasised the careful planning which was The member for Gladstone appropriately part of the project and the benefits associated slammed the knockers who preceded him in with it in terms of jobs. Beyond jobs, there will the debate, namely, the Leader of the also be significant growth and significant Opposition and the Deputy Leader of the opportunities that will be created, such as Coalition. Indeed, it was remarkable to hear further processing and industrial activity in this two leading Opposition speakers criticise the State. He refuted claims made by the Leader Government, slam the agreement and do of the Liberal Party in respect of the sale everything negative they could possibly do, proceeds and pointed out the requirement to but then say that it is a good agreement. I reduce debt from the proceeds rather than put think the Leader of the Opposition said, “It is a the funds into some recurrent area of reasonable agreement and we will support it. expenditure, which was the novel proposition We will vote in favour of the legislation.” The advanced by the person who goes by the title Deputy Leader of the Coalition could not bring of shadow Treasurer in this Parliament. The herself to do that, even though I understand Minister also gave credit where credit is due to that she supports the legislation, and simply the trade union movement for the mature said that she would not oppose it. The Deputy approach it adopted in relation to the difficult Leader of the Coalition’s lack of grace and decision that had to be made. The position incapacity to ever give any credit for anything was one in which there were initial objections, this Government does, as the member for but, ultimately, the trade union movement Gladstone picked up in his theme, reflects assisted the progress of the transactions. much more on her than it does on this The Deputy Leader of the Coalition Government. That is very sad because the Bill repeated a number of the arguments that had represents a really positive development for already been advanced by the Leader of the this State in terms of a $1.8 billion investment, Opposition, so I will not deal with those again. a couple of thousand desperately needed I have dealt with the claims made by her in jobs, and whatever benefits the project will respect of the Budget. She also raised a lead to. The Deputy Leader of the Coalition general concern about Queensland’s does not have to heap praise on the economy because of what she referred to as Government—such an expectation would be the “tax-and-charge policies” of this going too far—but at least she could say Government. The facts are that this something positive about the project which will Government has opened up a competitive be very good for Gladstone, this State and the advantage over the other States in respect of whole country. the liability of people to pay taxes and The member for Gladstone also said that charges. The average payment of taxes and this project represents a vote of confidence by charges in the other States is 38 per cent the Government and by the company in higher than the level of taxes and charges in Gladstone’s future, and I believe that is Queensland. Under the previous Government, correct. He has been a strong advocate of his there was also an advantage of 31 per cent, city and his district in respect of job creation but this Government has opened the gap and and processing in central Queensland. He has improved the performance of this State. spoke about the millions of dollars in wages The comments made by the Deputy Leader of that will flow ultimately to the local economy. the Coalition are simply empty rhetoric from This project certainly heralds an even brighter someone who is incapable of analysing the future than the already bright future for full situation and who has to resort to Gladstone and central Queensland. As a generalised claims. person who has been involved in the trade The Deputy Leader of the Coalition union movement, the member for Gladstone repeated the same arguments that we had recognised, appropriately, the role of the ETU, already heard from the Leader of the the ASU and the many local delegates who Opposition in respect of title and she have been involved in the debate at the local expressed concern over the Federal grassroots level. He also emphasised the Legislative Assembly 6183 30 November 1993 strong community support for this project, in monetary penalty imposed by the State. Of contrast to some of the comments that have course, there is a penalty provided in favour of been made during the debate. the State. The penalty for Comalco failing to The shadow Minister for Minerals and complete construction of the smelter Energy, the member for Tablelands, had a expansion by 30 September 1998 is that the number of shots at the Minister that did not company must provide power to the QEC until make much impact. He indicated his support the year 2001 at no charge. I am advised that for the legislation and referred to sovereign the value of that to the QEC is about $160m. risk. I think all honourable members share his So a monetary penalty is in place. Hopefully, concerns in relation to sovereign risk, and those sorts of contingencies will not arise, those concerns were a large part of the because there is a high degree of confidence motivation leading to this agreement. Of on the part of the Government and on the course, as he would be aware, Comalco has part of the company that our mutual interests had some difficulty in its experiences around are served by the transaction progressing as the world in respect of sovereign risk. One of anticipated. the most bitter experiences in the company’s The member for Nudgee concluded by memory, I presume, would be when, in 1974, saying that he thought Comalco was getting a the previous National Party Government good deal. I agree with that comment. The unilaterally broke an agreement in respect of other side of the coin is that the State is also bauxite royalties, upped the rates tenfold, and getting a good deal. We have to face up to used special legislation to do it. It is no wonder the fact that at present in Australia it is a that the company was wary of dealings in buyer’s market. In this country, we desperately Queensland. This Government was able to need jobs. Unemployment is the biggest overcome that wariness. I share the concern single concern of Governments in this country expressed by the member for Tablelands in today, and I believe that it is the biggest single respect of sovereign risk. He also related the concern of the community. That is certainly history of the $500m sale by the former the opinion of the people to whom I speak. I Government by reading a whole bundle of think that is reflected in public opinion polls newspaper clippings that he had gained from that are published from time to time. It is a the Parliamentary Library. This gave members good deal for Comalco, but it is also a good an opportunity to read newspapers and catch deal for the State. That is why, when he was up on other work that they may have had in in Cabinet, the member for Nudgee supported the Chamber with them at the time. the Cabinet decision on this proposal. I thank As a previous Minister, a former him for his contribution. Opposition spokesman who took a We then heard from the member for longstanding interest in this area and as Lockyer, who tried to join in the criticism of the somebody who, with previous experience in Minister for Minerals and Energy. However, I the trade union movement, had gained do not think that he had much impact. He considerable expertise in matters relating to indicated his support and the support— the resources sector and electricity generation, according to him—of his party for the sale. He the member for Nudgee gave a very detailed then gave us a very interesting discourse on history of the power station dealings by the operation of electricity grids in various Comalco in this State, for which I thank him. In places in the world, particularly in Europe. As addition to that, he dealt in particular with the the member pointed out, the European interconnection and power pooling agreement experience may well have some lessons for us which, as he rightly pointed out, is crucial to in connection with the proposal for a future the exercise. The member for Nudgee talked national electricity grid. about the respective amounts that were The member for Waterford indicated at available to be generated and fed into the grid the outset of his contribution his main reason in particular circumstances relating to the level for supporting this legislation—jobs and of operation that was going on, the need to investment. Of course, that is the central and keep a surplus, and so on. driving motivation behind the Government’s The member for Nudgee dealt in some involvement in this transaction. The member detail with the timetable for construction and for Waterford has extensive experience in the completion of construction, and the various union movement. He has worked at contingencies that in certain circumstances Gladstone and has had specific experience could generate, in his analysis, a gain for the with Comalco. He was therefore able to company and a loss for the State. As I recognise the benefits of this transaction, not understood his concern, he raised the issue of just the instant deal but also its future whether or not there should be some potential. Whether it be additional smelting or 30 November 1993 6184 Legislative Assembly light metals processing, that potential is very introduced to the House on Thursday, 18 substantial. The member for Waterford dealt November—albeit, in parliamentary terms, on with his concerns about industrial relations the eve of the 1994 local government issues and his satisfaction at the resolution of elections, where some parts of it will apply. those issues, particularly with respect to The remainder of the Bill will commence on employees’ superannuation, certificate of the day that the local government elections employee entitlements, and so on. The are held—26 March 1994. The member for Waterford also dealt with the National/Liberal coalition welcomes the Bill, $500m sale price tag history. and I am pleased to give the coalition’s Finally, we heard from the member for response. Sandgate, who also spoke about conditions of It was the National Party Government employment and the importance of that commenced the complete review of the satisfactorily resolving those issues. It should Local Government Act. The aim was to have not be underestimated that this is a radical the new legislation in place in the very early departure from the conditions to which the nineties—well before now. I take the work force and some of the unions engaged opportunity to thank the public servants who in the industry are accustomed. It is quite a were reviewing the Act prior to 1990 for their change. The fact that those groups have professionalism, their professional and been able to come to terms with it and to apolitical courtesy and their contribution to participate in the progression of this review and the local government legislative transaction is to their credit. The member gave reform process. In particular, I mention former credit where it was due in that regard. He also departmental heads Harold Jacobs, Ken dismissed and dealt with the claim by the Mead and the assistant directors, and Maurie Leader of the Opposition and some members Tucker and the present staff, who have put opposite that the $500m price tag proposed long hours of work into this Bill. by the National Party several years ago would I take the opportunity to pay tribute to the have put the State in an equal or better thousands of people interested in, concerned position than that which it is in at present. That with and working in local government who is not so, and the figures demonstrate that made submissions, verbal or oral, or fact clearly. The $825m-plus that the participated in meetings or deputations in an Government will ultimately receive from this endeavour to put in place an Act that will transaction is a fair arrangement, albeit a assist councils to grow and develop and reflect good deal for Comalco. This arrangement is the needs and aspirations of local better than that which was on offer when we communities for the next half century. I thank first came to Government. I conclude my them for caring about this level of remarks on that note. Government—local government. It is to be Motion agreed to. hoped that they will find some measures in this Bill that reflect their views. As well, I thank the Minister, his office and departmental Committee officers, and the Local Government Clauses 1 to 31 and Schedule, as read, Association for their courtesy to me as the agreed to. shadow Minister for Local Government with Bill reported, without amendment. respect to advice on the Bill. I acknowledge in the gallery the presence of the LGA president, Jim Pennell, and Greg Hallam. Third Reading The Minister inherited the Local Bill, on motion of Mr W. K. Goss, by Government portfolio in September 1992. It is leave, read a third time. fair to say that the Minister had to wear many LOCAL GOVERNMENT BILL of the unpopular policy decisions of the former Minister, but it is equally fair to say that this Second Reading Minister is working hard with local government. Debate resumed from 18 November (see It seems, however, that he still has a lot to p. 5994). learn before he can become as respected and Mrs McCAULEY (Callide) (3.58 p.m.): loved as the Minister who was fondly known After a tortuous journey via a series of reviews, as the “Colossus of Roads”. The Bill before the Green Papers, submissions, overviews, House is only the third of its kind since committees, evaluations, re-evaluations, separation in 1859. The first municipal law was commentary and deputations, etc., the much passed in 1864, but it seems that the Local talked about Local Government Bill was finally Government Act of 1878, the divisional boards of 1879 and the Local Works Act of 1880 Legislative Assembly 6185 30 November 1993 were the foundation of local government in introduced, and the change that took Queensland. One of the principal functions of place in the financial position of local the 1878 Local Government Act was to authorities.” extend the area of the municipalities and to By 1936, it seems that there was a lot of extend local government throughout the confusion in local government which provided State. the opportunity for another reform—this It was the Local Works Loans Act of related to by-laws. It appeared that, every time 1880, however, which was unique. For the a local governing body wanted to do benefit of the House, I quote from Hansard of something new—and that was frequently, with 1936, which states— huge areas in the state of development—it “The . . . Act of 1880 marked a was necessary to amend the Act year by year. departure in local government, and The new Act provided that, instead of being attracted attention from various parts of bound by restricting Schedules and powers the empire by reason of the fact that it contained in the Act, local bodies were was the first measure that provided for enabled to make by-laws on any domestic advancing local government loans by a matter. The 1936 Act was largely a charter of Government on a scientific valuation of local government and, with various terms based on the life of each work, and amendments, served this State and in accordance with the actuarial scale set Queenslanders well, particularly through the out in the table in the schedule. dynamic growth periods of the late seventies and eighties. This was a most important departure in local government, and it was this State Some 50-odd years after that Bill was in that year that made the first attempt to introduced—and that appears to be the life of give stability to local government by a Local Government Act—we now come to making it possible for local authorities to the Bill before the House, the Local finance public works.” Government Bill of 1993. As said before, the formulation of this Bill has taken a tortuous Another reform of significant importance route, its contents overshadowed by the occurred in 1890, and that too was regarded changes to internal and external boundaries as a revolutionary departure from the and proposed amalgamations. When the norm—something which we still have today review of the Local Government Act was even under our sparkling new Bill. It was the initiated by the previous National Party Valuation and Rating Act of 1890, which Government, it was not envisaged that the introduced for the first time in any country spirit of so many people in the councils would taxation on the unimproved value of land. I be crushed by so-called reform and change. It am sure that Government members will be has, however, happened. The scars will not pleased to hear that that Bill was introduced fade. They are there forever, written in the by the coalition Government, whose leaders pages of history. Whilst of small comfort to were Sir Thomas McIlwraith and Sir Samuel those at the forefront of aggressive boundary Griffith, even though their policy was to ensure changes instigated by this Labor Government, low State Government taxes and fees. It the pain or disillusionment will break down seems, and again I quote from Hansard, gradually, but only after a long time. that— Before looking at this Bill, for the benefit “They could see in the universal levy of the House a brief overview of the pain on the unimproved value so called a inflicted by the Goss Labor Government on method of mutual reconciliation that councils in certain particulars will not go astray. would meet the demands of many true The ongoing review of the powers and exponents of local government functions of local government to assist in principles.” efficient administration and operation was It was not well received at that time. definitely not the priority of this Labor Just in case Government members are Government—definitely not. The priority was getting a bit excited, it should be noted that politics, not the wellbeing of ratepayers and the 1936 Local Government Bill, introduced by efficient administration. The House will recall the Labor Forgan-Smith Government, did not that, on 29 March 1990, the then Minister for throw out the tax. After all, in Queensland’s Local Government and Deputy Premier first 50 years, figures were given— introduced a wide-ranging resolution authorising the now extinguished Electoral “. . . to show the improvement and and Administrative Review Commission to advances made in local government investigate local authority electoral and immediately that system of taxation was 30 November 1993 6186 Legislative Assembly administrative matters. It was, quite clearly, a conservative people from non-urban local political direction. councils. It stemmed from a January 1990 The long and short of the story was that statement made by the Federal Labor the Labor Party and the Labor Government member for Bowman, who was reported to failed in their objectives at the 1991 local have said that the gerrymander in government elections. Credit must be given to Queensland’s local government boundaries the Minister for finally getting this Bill before was far worse than that which governed the the House. It has taken a long time, but it has State. That comment was hastily followed up enabled wide consultation and, on balance, it by the then Minister and present Deputy seems that all of the stakeholders concerned Premier saying that EARC would review the with the Bill had input. It is a massive Bill, local government boundaries. The Premier comprising some 800 clauses, which also bought into the issue by saying that the compares with only 55 clauses, albeit long local government boundaries would be clauses, for the 1936 Act. As said before, the investigated. So the boundaries were being 1936 Act was largely a charter of local both reviewed and investigated, despite the government, and, according to the Minister, 1989 pre-election promise that an ALP this Bill “sets out the framework of the local Government would not rush into any government system.” Basically, it seems that restructuring of local government. There was this Bill allows local governments greater not so much as a word about powers and flexibility in their operations and promotes functions or the ongoing review of the Local increased accountability, which, interestingly, Government Act. was the object when the review was On the 12th parliamentary sitting day of announced first of all by the former National the new Government, the motion was rushed Party Government. in. The aim was to have the boundaries The Bill states in clear and simple reviewed before the 1991 local government language that each local government has elections. The motion, political in its jurisdiction to make laws for and otherwise formulation, also contained a timetable for ensure the good rule and government of its completion. It was a political timetable which territorial unit. It sets out the system, the caused EARC itself no end of concern. One of procedures and the ways and means of the part-time commissioners, the late Mrs achieving those objectives. The Bill gives Marie Watson-Blake, said that it was wrong to councils the flexibility to perform many roles, expect the commission to meet impractical such as information broker, planner, deadlines and went on to say that time coordinator, facilitator, catalyst and community constraints motivated by political expediency advocate, and the authority to perform their should not apply. The non-political EARC itself function, which is to ensure that appropriate said that the review had been very physical and social infrastructure is in place. controversial and the commission’s integrity As we move towards the year 2000, the trend was attacked. will be increasingly focused towards local On the issue of external boundaries, government’s community development and 3 200 submissions and comments were economic development roles. The Bill received, compared with a total of about stipulates the composition of local 1 520 submissions for the 16 reviews on other governments and the names, legal status and matters that EARC had completed. It is of general powers of local governments. interest to note that, as recently as last week, The provision requiring that every head of the Office of the Local Government a council be recognised as mayor and every Commissioner had received 2 121 submissions member known as a councillor has caused on its review of proposed local government considerable debate in the community. boundary changes. The submissions related Although it may remove differences, it will not to only Townsville / Thuringowa, make for better local government, and it has Bundaberg/Woongarra/Gooburrum, served to deflect attention from more Maryborough / Woocoo and important clauses of the Bill. Warwick/Allora/Glengallan/Rosenthal. It is Under the Bill, “joint boards” are replaced timely to recall that the Australian Labor with “joint local governments”, which provide Party’s contribution to the local government for coordination, cooperation and sharing electoral system review was a most ill- arrangements and facilities across city, shire considered and intemperate submission and and town barriers, widening further into the quite clearly unprofessional. That submission context of a region. This Bill incorporates all showed the intent of the Labor Government, the powers and definitions pertaining to the which was to endeavour to get rid of Legislative Assembly 6187 30 November 1993 office of the Local Government Commissioner, that indignity. Again, I will bring that up in and those powers are extensive and Committee. comprehensive indeed. Suffice it to say, I Many local governments are looking at share the misgivings of many others opportunities for widening their revenue base throughout the State regarding such powers and maximising development opportunities. held by an unelected and therefore There is provision for a local government to unaccountable official. The Bill properly undertake any business or enterprise activity provides the grounds for intervention by the that will benefit its area. Under Financial State. These are very reasonable, and as the Operation and Accountability of Local Minister said in his speech, are not as Governments in Chapter 7 of the Bill, there extensive as in the current law and reflect the are several new requirements. These include maturity of local governments. I will say more the necessity to prepare, regularly review and about that later. make public a triennial corporate plan, It is noted that the Bill contains measures showing economic and budgetary directions which relate to the Brisbane City Council and for the future. The annual budget will be also the Minister’s intention to review the City based on the corporate plan, and an of Brisbane Act 1924 next year. This is operational plan will be done annually as well. interesting in light of the fact that both the Councils will be required to produce annual Victorian and Western Australian reports of their activities for the information of Governments have recently dismantled the the public. Whilst this will create a great deal Perth and Melbourne City Councils, but I will of work for the chief executive officer, I save my comments on that matter for another welcome such information being made time. available. The Local Government Grants The local government finance standards Commission is an important component of the proposed under the new Local Government Bill as all councils, particularly many small rural Act will provide for accrual accounting. This will and isolated councils, rely heavily on financial also create a lot of work for the chief executive assistance grants to assist their operations. As officer, at least initially. The Bill provides for the Minister pointed out in his speech, the Bill local laws which will replace the system of by- provides for a new set of electoral laws, which will lapse after three years if not arrangements which are the result of research reviewed by the local government. and review by EARC. It is pleasing to note that The Government is to prepare a set of the Government has followed EARC’s advice model local laws which will be available for that the local government election rules, as far adoption by councils if they so desire. The as is practicable, should mirror the State provisions contained under Chapter 10 of the requirements. Bill—Rates and Charges—will give local There is concern, however, that electoral governments a greater degree of rating visitor voting is not suitable for application to flexibility, which was one of the initial aims local government. That will be discussed at when a review of the Local Government Act the Committee stage. It is noted that the Bill was commenced. It is noted that councils will recognises political parties. Under the Electoral have the power to adjust rates if the valuation Act 1992, candidates for election can be of land changes during the course of a year. either nominated by the registered officer of a This means that a more equitable system will political party or at least six electors for the apply, thus making it possible for rate relief for local government area. Candidates who are ratepayers and, indeed, tenants. It is welcome endorsed by a political party must declare that that rates may be paid by instalments, that endorsement on their nomination form. they may be deferred for the lifetime of a It is noted that there is no mention at all pensioner/owner and that there is provision for of the disclosure of costs incurred by political remission of rates for occupancy by parties in the election process, which I think is pensioners. probably an oversight. Councillors and mayors Chapter 11—Provisions Aiding Local elected will have to provide the executive Government—sets out the legal process that officer with a register of interests, as members a local government must adhere to in seeking of Parliament presently do. The chief to enforce compliance with the provisions of executive officer and other employers as the proposed Act and the legal remedies and nominated will also have to register their responsibilities of local government. As said interests, but these will not be able to be before, it is a comprehensive Bill. reproduced in the media, as I understand it. The Liberal and National Parties support Only elected representatives have to suffer the Bill. It has the support of the Local 30 November 1993 6188 Legislative Assembly

Government Association, local governments bureaucratic; tending towards the need for themselves and the wider community. Having committees to work out how to do things, tying said that, I am reminded of a quote from Lord up decision-makers on getting approval to do Asprey in 1983— things, and precious little about getting things “Almost all local government reforms done and achieving things. A good example is end in disaster.” the section on appeals against disciplinary actions, which covers some seven pages of Through both the department’s and the Bill. Even advisory committees, which do EARC’s review process, all political parties, not keep minutes of meetings, will be obliged groups, organisations and individuals had an to do a written report of their activities. Closed opportunity to contribute. Whilst the meetings will have to specify what is going to National/Liberal coalition may not agree with be discussed in those meetings, and woe every dotted “i” and crossed “t”, on balance betide the council that discusses something the Bill has our support. However, I reiterate else in that closed meeting. The model laws, that there is no way we would have put local in their various categories, are an excellent government through the unbelievably concept and goal to work towards, but from uncaring upheaval which this Goss Labor my own personal experience, ratepayers want Government has imposed, resulting in model footpaths and roads and model rubbish crushed communities and crushed community collections more than anything else. spirit. Although we support the Bill, we do have concerns. A very general overview of the Bill leaves one with the clear view that the State I now look at separate parts of the Bill Government sees local governments as being and enunciate some of those concerns. The merely another Government department. In Bill contains provisions which will impose on fact, there are reports that the State Labor local governments specific performance tasks. Government intended to run the Brisbane City These include new local government finance Council as the nineteenth Government standards, corporate and operational plans, department after it won office there three annual reports, and model laws. Each one of years ago. As all honourable members now these tasks singly and collectively are sound know, this did not eventuate, as State Cabinet for improved accountability and administration. and the Premier’s Office found out that the They do comprise, however, added new Labor Lord Mayor had a mind of his own compulsory responsibilities and, hence, a and City Hall was not going to be the financial and bureaucratic burden. nineteenth Government department or even a One of the constant complaints satellite of the Cabinet Office. emanating from local government over the The Bill, in general terms, provides a last four years is that valuable council framework whereby the Government can resources, in terms of time, personnel and better manage, oversee and ultimately control equipment, have been tied up responding to local governments. It is clear that the new reviews, preparing submissions and attending tasks for local governments will also create meetings instigated by the State Government extra work for the Department of Local or one of its bodies. As well, the preparation of Government. This, it seems, does not warrant submissions and responses to drafts and any concern, as the department wants to reports have proved to be, for many local increase its influence. The Bill, to some extent, governments, a costly exercise. In many is about complexities and not simplicities. For instances, the expertise necessary to respond example, Part 1 in Chapter 3 provides for a had to come via consultants or by contract. review of local government matters. The For example, the EARC reviews were functions of the Local Government prolonged, complex and, for many local Commissioner are confined to just two areas: governments, a costly exercise. reviewable local government matters and Whilst local governments do not object to referable local government matters. The Bill the annual report, the corporate plan, etc., the provides— new responsibilities contained in this Bill will “The Minister may refer to the require more professional expertise, and that Commissioner any local government will come at a price. There is no doubt that matter.” local governments will comply, but this could well be at the expense of a job in the roads, I repeat: “any local government matter”. It is a cleaning or some other division, or maybe neat way of getting a thorny problem out of even an increase in rates. the Minister’s office or the department for someone else to make the decision. The In many respects the Bill is in the image unelected Local Government Commissioner of this State Labor Government—heavily Legislative Assembly 6189 30 November 1993 will make the unpopular determination, and not really interested in alternatives to the Minister and the Government will escape amalgamations. the criticism. This State Labor Government is about It is the way this State Labor big government and centralism. It wants to be Government works—allow boards, committees surrounded by big corporate structures, and and review bodies to make the decision, and amalgamations are about making small local blame them if it does not work out favourably. governments into big local governments. For example, the Goss Labor Government Local government boundaries should not be believes that it can hide behind the crunched together or readjusted in the same recommendations of EARC on the issue of way as Federal or State electorates. Local amalgamation. Labour members cannot governments were established by local escape the fact that it was their policy to cut communities—many last century—and should the number of local governments. not be amalgamated without a referendum in I turn now to the matter of joint local each affected community. governments, previously known as joint As I said earlier, the Labor Government boards. The National/Liberal coalition is of the had a political agenda to tidy up local view that, before this Labor Government government and, in the process, to weed out proceeded with forced amalgamations, those what it believed to be a National Party support local governments targeted for amalgamation base. It is of interest to note that the Labor should have been given a greater opportunity Government in this State is going down the to consider joint arrangements for resource very road of the failed Victorian Labor sharing. It is somewhat ironic that the Bill Government by forcing amalgamations on encourages joint governments, but the State small communities and local governments. Government, despite lip-service to this issue, Indeed, in Victoria, the failed Labor prefers amalgamations. Government was forced to jettison its The parliamentary EARC majority report amalgamation program. Joint government is supported amalgamations, but Cabinet, to not a new concept. For example, there have save its political hide, rejected it and adopted been joint arrangements, formal and informal, the Liberal/ National dissenting report. Cabinet between shires and city and town councils for decided that the 16 councils identified by many years prior to the advent of EARC with EARC for amalgamations would have to respect to water supply, aerodromes, sale negotiate the terms of amalgamation or yards, libraries, and sporting and other develop joint arrangements which met the recreational facilities. efficiency and effectiveness concerns raised Last year, the Local Government by EARC. It would seem that this undertaking Association conducted a special conference was somewhat of a smokescreen, because on local government boundaries. One of the amalgamations have occurred against the speakers was a town clerk from St Peters in wishes of electors in various local Adelaide. He said— governments. And it seems, in the face of “I noticed in the EARC report they evidence, that there were alternatives in the talk about it—joint arrangements—being form of joint arrangements. I use the example a second best alternative. I don’t think it’s of Gooburrum and Bundaberg. Gooburrum second best at all. I think it is much did everything that the commissioner asked, better, and it is much better for these but it is still set to disappear, much against its reasons: I think it’s better local wishes. It seems also that alternative government because it retains diversity; I recommendations for joint arrangements think it is better management because it between Moreton and Ipswich have been retains flexibility; I think it is better rejected by the Local Government economics because you don’t fall for Commissioner. decreasing returns to scale; I think it is The writing is on the wall, as it was for better sociology because it hangs onto a Allora, Glengallan, Rosenthal and Warwick very fragile thing called community; and and other local governments which complied it’s better management, again because with alternative recommendations other than your approaches are more carefully amalgamations. With the Ipswich City Council targeted. And also, you don’t get locked in turmoil due to the Labor Party politicking, it into major error if you go for an is little wonder that the electors in Moreton are amalgamation and find out five years tardy about amalgamation with that council. It down the track it hasn’t quite delivered on is clear that the State Labor Government was its promise.” 30 November 1993 6190 Legislative Assembly

At a conference in 1990, the combined Ipswich City Council has been the stronghold Ministers for Local Government of Australia and plaything of Alderman Tully and his and New Zealand commissioned a report colleagues, better known as the “Tully Gang”. which was published in 1990 on municipal The very clear lesson to be learned from the research sharing. Basically, it was saying that Ipswich City Council fiasco is that politics is there are alternatives to helping micro- better out of local government, particularly economic reform other than amalgamation. when it is Labor politics. What a pity it is that Greg Hoffman has not I have received similar complaints about taken note of that. It is obvious that there are the Redlands Shire Council, particularly about advantages in joint government or it would not the Chairmen's Advisory Council, which certain have been included in this Bill. But it seems councillors hide behind and which is that those targeted for amalgamation will not comprised of unelected people. These get the opportunity to apply them to their situations can all be remedied by ratepayers circumstances. at the forthcoming election. It is quite clear Turning now to the matter of intervention that there will be no intervention by this State by the State—where the operations of a local Labor Government into anything in which the government are not in the public interest or Labor Party has an interest. But if it is a are in conflict with statutory requirements, the conservative council, the full force of the Bill provides for the State Government to provisions contained in this Bill will be brought intervene to ensure that an area has an to bear. This State Labor Government has effective local government system in place in double standards—one law for the accordance with community expectations. conservatives and next to no law for the Labor However, the reserve powers which allow the Party. State to oversee the spending of funds by I turn now to the Local Government local governments have been deleted. Grants Commission. Under the provisions in It is of interest to note that the State the Bill, the commission’s functions will Labor Government, through the Local continue to include making recommendations Government Commissioner, has no problems concerning the distribution of certain financial with seemingly conservative councils being assistance to local governing bodies, in amalgamated with very little thought for the particular the general purpose grant made people. Yet in the Labor dominated Ipswich available by the Commonwealth, and to hold City Council, about which clear questions of inquiries and to carry out investigations. The accountability have to be answered, the Local Government (Financial Assistance) Act Government has turned a deaf ear. When it 1986 provides for local government financial comes to ALP politics, the people—the assistance grants to be paid through the six voters— come last, and the political wheelers States and the Northern Territory and and dealers and the party come first. The distributed according to criteria developed by House will recall that the Ipswich City Council the States’ Local Government Grants Labor caucus expelled its mayor, David Commission and approved by the Underwood, who was blocked from carrying Commonwealth Minister for Local out the day-to-day decisions that are Government. necessary in the running of a local authority. It Although the former Minister has assured should be noted by the House that the local governments that there will be no Australian Labor Party kicked him out of the change in the formula for allocating party—expelled him—for doing the job that he Government grants, the proposal by the Cities was elected to do. The removal of Mr and Towns Local Government Association, Underwood from caucus was basically caused now called the Urban Local Government by the unions, which supposedly were Association, to move to alter the method has opposed to efficiency measures on caused much concern. At its 1992 annual restructuring within the council work force. conference, the association passed a motion They wanted ALP councillors to reject the to impose a moratorium on the levels of workplace reform program and the grants during a phasing-in program. The cancellation of payroll deductions. In other resolution called on the State Government to words, they wanted to have the reforms bring “a proper and just degree of equity into frozen, and they were successful. the allocations for cities, towns and urban The Labor caucus elected a temporary areas compared with other States without Labor Party council leader to take over the disadvantaging the needs of people who live day-to-day running of the council, leaving the in remote areas of the State.” people’s mayor—the elected mayor— sidelined. From 1990, it seems that the Legislative Assembly 6191 30 November 1993

The Deputy Premier told the new say—tongue in cheek—that, after a association that he believed that the painstaking reading of the Bill, it appears that horizontal fiscal equalisation method was the there are no provisions that give women best and that, whilst it caused “headaches”, it preference or a head start. served the purpose well. The central principle Mr Littleproud: Just gender neutral. of this method is equity, and no-one should take exception to that. Horizontal fiscal Mrs McCAULEY: That is dead right. Over equalisation is similar to electoral weightage. It the past six years, women candidates in local takes into account certain disadvantages. For government elections have had example, by 1996-97, when the Queensland unprecedented electoral success. As well, a formula for working out grants allocations is record number of women are winning office fully phased in, the Waggamba Shire will across Australia. Across the nation there are receive $385.07 per person, while Ipswich City 8 535 councillors, of whom 20.2 per cent, or Council will receive just $14.67 per head. The 1 654, are women. It is becoming increasingly differentials between the grant revenue per obvious that far more women are seeking head in urban areas and rural areas are wide public office at the local government level than and, to some people, worthy of challenge. at the State or Federal level. At the 1991 Furthermore, it seems the grants for country Brisbane City Council elections, the number of Queensland are the highest in Australia, and women elected was more than double that of the figure for grants for urban Queensland is the previous election. As a result, women the lowest in Australia, therefore adding more make up 40 per cent of Australia’s largest fuel to the argument. local authority. It is ridiculous to propose that local A recent study on the subject of women government support grant funds should be in local government, which was conducted by disbursed on a per capita basis. Grants should Mr Mark Neylan of the University College of be disbursed on the basis of need. Urban Southern Queensland, found that women ratepayers use reticulated water and, in some were attracted to local government because of cases, gas services. They benefit from the lack of disruption to their lives which was garbage collection and other public health often encountered by their Federal and State provisions. They have access to libraries, a counterparts. Whilst women are nominating range of recreational choices, good roads and for local government elections and many are transport facilities. Most rural dwellers do not being elected, it is disappointing that the have these levels of service. Some rural number of women actually employed in the residents have isolation, rudimentary or non- middle and senior management positions in existent council services and great distances local councils is surprisingly low. Very few to travel in order to conduct their business with women occupy senior positions in city, town local government. and shire councils. There is evidence of a large gap between men and women at middle Many inland councils would not survive management and above. On the other hand, without the present method of funding grants. there is a large concentration of women at the The level of rates for those councils, with their lower end of the hierarchy. It seems that the very small populations and short supply of only management positions featuring women rateable properties, is not high. Furthermore, are generally in the child-care sector or the distances involved in providing local libraries. A probable reason for this is that government services make this very costly. On women do not see a career path for the other hand, in the more populated cities themselves in local government. It is clear that and towns east of the Great Dividing Range, there are many ALP apparatchiks in the rate collections are substantial and, with some employ of the State Labor Government who exceptions, the provision of services is do see a career path for themselves in local relatively simple. The present rating formula government. For example, Lee Duffield, the favours rural communities because of their media adviser to the Minister for Primary large areas and small populations, and this Industries, is the candidate who will represent method of rating should be retained. Protests Toowong at the next local government about the wide differentials between city and election. country grants have been made for a long time, and it seems they are not going to I turn now to the issue of elections. With disappear. respect to Chapter 5, Declaration Voting, I draw the Minister’s attention to what clearly I turn to some specific local government must be an anachronism. I will read it for the matters. While speaking to this Bill, I take the benefit of the House, and I point out that I opportunity to encourage women to nominate shall not be debating the clauses. It states— for election as councillors or mayors. I 30 November 1993 6192 Legislative Assembly

“The following electors may cast a with current and increasing demands, let declaration vote— alone address the backlog. Some local (c) an elector who, because of illness, governments are literally digging up their disability or advanced pregnancy, will bitumen roads and replacing them with gravel be prevented from voting at a polling because they are easier to maintain. It has booth; not escaped the notice of local governments that road funding to Queensland for 1993-94 (d) an elector who, because the elector is 34 per cent below that provided in the 1992- is caring for a person who is ill, has a 93 Budget and—it must be said—8.6 per cent disability or is pregnant, will be below that for 1991-92 and 2.1 per cent lower prevented from voting at a polling than the funding for 1990-91. That is a very booth; poor record indeed. With respect, I ask the Minister: why would There is plenty of money available for being pregnant prevent a person from voting recreational and sports grants from the at a polling booth? Pregnancy is not a Commonwealth Labor Government to cronies disease. This provision shows clearly that in marginal seats, but the money is in short there has been no female input into this supply for basic infrastructure that is vital to legislation. Why discriminate against women the efficient functioning of commerce and who are pregnant? Women have struggled to industry in this State. On the other hand, the be permitted to continue to work while they State’s contribution to road funding will are pregnant. Why should they not be able to increase by 15.2 per cent to $447m. vote at local government elections? A careful analysis of the State Labor Before concluding my remarks, I shall Government’s contribution to roads over four address the issue of roads. Roads are an years shows the figure to be some absolutely essential asset. They are a shared $1,195m—or about $300m a year. That is far asset that is controlled by Federal, State and from a rich allocation. Some local local governments. Regrettably, our roads are governments are unhappy with and an ageing asset. Local governments, which concerned about the level of Queensland are responsible for about 83 per cent of the transport funding for permanent roadworks in total length of roads in the nation, spend more their areas. Combined with the continuing on roads than do all the State Governments drought, this has meant that some local combined—or even the Federal Government. governments will have to reduce their work In relation to council expenditure for the force in the near future. The concern about majority of rural shires—road-related outlays road funding for local government is reflected account for some 40 per cent to 60 per cent in a national campaign to be launched by the of those shires’ budgeted total ordinary service Australian Local Government Association to expenditure. Federal road funding is based on change the way Australia’s roads are population, not distance. As a result, financed. That campaign, which will start next Queensland’s road standards are declining, year, will promote the view that the current together with real levels of funding. system of road funding is ridiculous and Commonwealth funding of Queensland inefficient and is a contributing factor to roads—with the exception of the year when serious road accidents caused by inadequate One Nation applied—has declined, although roads. The ALGA maintains that road users Queensland’s population has been growing at pay heavily for an asset that is being allowed at least 2.6 per cent per year. In fact, since to deteriorate, and that the current system is the Federal Labor Government came to power dishonest. It is interesting to note that the in 1983, there has been no less than a 25 per association claims that, before each election, cent decline in road funding in real terms. The funding improves and that, after each average age of Queensland’s road network is election, it drops dramatically. This certainly increasing. Some 41 per cent of pavement on happened at the Federal level, and the small the declared road network in the State is more increase in the State Labor Budget would than 20 years old, which is the normal service hardly settle the dust. life of pavement. Six per cent of that As I said before, the Opposition supports pavement is more than 30 years old. the Bill. There are new measures in it that will When one visits local governments and test the patience of councillors and chief speaks with councillors, engineers and road executive officers, but it is fair to say that it is gangs one quickly learns that there is an good legislation. To all of the local enormous backlog of work to be done in those governments that will apply it to their individual regions. The tragedy is that the level of territorial units, I wish them well, and it is to be funding available for roads cannot keep pace hoped that they will grow and prosper in the Legislative Assembly 6193 30 November 1993 same way that they did under the Local amalgamation to accept that the Government Act of 1936. Government was committed to reform.” Mr BEATTIE (Brisbane Central) I have said that twice for the benefit of (4.39 p.m.): It gives me a great deal of the honourable member for Callide. The article pleasure to rise to speak in favour of this Bill. I continued— congratulate the Minister on introducing it into “ ‘We thought we would make the this House. As we know, the Goss best of it by taking control of the process,’ Government has a proud record of he said. achievement in the local government area, and I think that pieces of legislation such as ‘I think there’s very little to gain from this are a clear indication of this Government’s opposing it because it tears a community commitment to local authorities. apart and in the end there will still be a boundary change.’ ” Let me begin my remarks by dealing with In other words, Councillor McClintock has a couple of important events that occurred fully endorsed what has happened. I table recently. As from last Saturday, as a result of that article for the information of the House. the amalgamation of Gympie City and the Perhaps the honourable member for Callide Widgee Shire into the Cooloola Shire, there might like to give Councillor McClintock a ring, are now 133 local authorities in Queensland, and thereby gain a greater understanding of not 134. On Saturday, the appropriate the process. election took place. I am pleased to see an article in today’s Courier-Mail about that This Bill provides for local laws as election. I will read a part of the article, opposed to the old system of by-laws. Local because the honourable member for Callide authorities have a three-year period in which should be aware of some of the comments to review their existing by-laws. They have an opportunity, if they wish, to adopt the model that are contained in it. The article is headed, that is set out in the Bill. If they do not make “Cooloola’s first council elected.” It states— their own laws, then the model will apply. Mr “Gympie City and Widgee Shire Speaker—sorry, Madam Deputy Speaker; my ratepayers have voted in the first new apologies, I did not see the transition; it was local authority created from Queensland’s so quick. boundary reshuffle, the Cooloola Shire Mr Laming: I got into trouble the last time Council. for that. On Saturday, former Widgee Shire Mr BEATTIE: The member should have chairman Adrian McClintock became the got into trouble. At least I noticed. first Cooloola Shire chairman, leading a Mr Mackenroth: At least you didn’t say council made up of six former Widgee you didn’t notice any difference. councillors, two former Gympie aldermen and four newcomers. Mr BEATTIE: I take that interjection. Madam Deputy Speaker, I certainly notice the . . . difference between you and Mr Speaker. The Cr McClintock, who has 22 years of difference is considerable, and it is a marked council experience, said he was optimistic improvement. I will deal with Mr Speaker when about the future of the amalgamated he returns. shire which removed the absurd situation Mr Lingard: He just walked out and said of a small local authority, Gympie, within he couldn’t stand it. a larger authority, Widgee.” Mr BEATTIE: I know how friendly the The honourable member for Callide will be honourable member and Mr Speaker are. He pleased to hear what the councillor said next, ought to be careful, or he will not be here at because it refutes many of the things that she all. has said this afternoon in this House in I turn now to some of the archaic by-laws opposition to amalgamation. The article that demonstrate why this provision in the Bill stated— is so important and why the Minister has “He advised other councils resisting demonstrated great common sense by amalgamation to accept that the including this necessary review of the existing Government was committed to reform.” by-laws over the next three years. Some of those by-laws are classics. For example, By- I repeat— law 415 of the Townsville City Council states— “He advised other councils resisting 30 November 1993 6194 Legislative Assembly

“No person shall sell explosive or Mr BEATTIE: I will be cautious and not other combustible matter by gas, candle, buy into that one. The by-laws go on; I could or other artificial light within the City read them all day. By-law 499 states— unless such explosive or other “No person who wheels or brings, or combustible matter is in hermetically causes to be wheeled or brought, into a sealed canisters.” park a perambulator or chaise”— That by-law must have fallen off the back which is a horse-drawn vehicle— of the ark heading west. However, that is not all. By-law 446 states—and if the honourable “used solely for the conveyance of member for Callide wants to talk about children or invalids shall at any time wheel women’s issues, she should firstly listen to or station such perambulator or chaise, or this— cause or suffer the same to be wheeled or stationed, over or upon any part of a “No occupier or owner of any building flower-bed, or over or upon any tree or or part of a building shall permit any plant, or any ground in course of female to clean, paint, or perform any preparation or cultivation as a flower-bed other operation upon the outside of the or for the reception or growth of any tree building or any window thereof by or plant.” standing on the outside of the windowsill or any ladder or step, unless the window One can understand clearly why these is on the sunk or basement story, or the by-laws need to be changed, and why the front of the building where the work is provisions in the Bill are not only common being performed is distant more than sense but also necessary and important. thirty feet from the nearest road or When the honourable member for Callide neighbouring premises, or unless such spoke about matters referred to the Local female”—— Government Commissioner, she said that the Mr Mackenroth: They can’t mow the Minister wanted to avoid such matters and not grass. make decisions on them. I would have to say that she has picked the wrong Minister. If any Mr BEATTIE: That is right. The by-law Minister ever wanted to make decisions and states further— had a reputation for making them, it is this “ . . . is clothed in dress appropriate to the Minister. I do not know from where she work being performed, and of such a obtained her prepared speech, but it did not nature and so arranged as not to offend take into account whom she was referring to. against public decency.” When she reads a speech like she did today, So the honourable member for Callide and if she has not read it before, she does so could not clean windows in Townsville. with some sense of discovery. Nevertheless, when she reads her speeches, she needs to Mr T. B. Sullivan: She doesn’t clean make certain that she actually understands them in Biloela. what she is saying. The other point that I find Mr BEATTIE: But she could not clean really amusing—— windows in Townsville—not that anyone would Mr Lingard interjected. want her to. However, that by-law would prevent her in her present attire from cleaning Mr BEATTIE: The honourable member windows in Townsville, unless she was on a should not get excited; I am about to come to ladder more than 30 feet away from the road. him. It really amuses me when I hear National I think that if she was cleaning windows she Party members talk about politics and local would need to be more than 30 feet from the government. I have never heard such a pack road because we would not want to scare the of frauds in my life. The National Party has drivers. Another by-law that clearly needs used local authorities as a training ground for changing is By-law 447, which states— candidates since Adam and Eve were in shorts. It has run candidates, supposedly as “No person shall engage in any prize Independents. Those candidates have fight without proper gloves, nor shall any pretended to be Independents, yet they have person be concerned in or instigate, aid, been fully paid-up members of the National or abet any such prize fight, or any dog Party. I can see the honourable member fight or cock fight.” grinning; he knows that I am telling the truth. Mr Mackenroth: You’d think the former Mr FitzGerald: Absolute bunkum! deputy clerk in Townsville would have done something about amending that law, couldn’t Mr BEATTIE: The honourable member you? said that with a grin wider than the Great Australian Bight. He knows that it is true. Not Legislative Assembly 6195 30 November 1993 only were those people fronted as a more recent experience for my family. I Independents but also they were regularly recall more vividly the later stages of funded by the local National Party branch. So pregnancy than perhaps the member for when National Party members talk all this Callide does, so I suggest that she should talk nonsense in this place about candidates in to people who are more closely concerned local authority elections, and attack the Labor with these matters and who have the Government for promoting amalgamations, circumstances of such events a little fresher in they do so tongue in cheek. They know that their minds. they are pursuing a political agenda. At the Mr T. B. Sullivan: Others seem to have end of the day, we need a degree of honesty. more common sense than the member for Mr Mackenroth: They’ll have to put it on Callide. their pecuniary interests sheet. Mr BEATTIE: That is exactly right. It has Mr BEATTIE: That is right. That is why, been traditional for most State Governments under this legislation, we will not have any to accord local government a legislative or law- more of that fraudulent political behaviour, making power to make laws that are because it will be obvious to everybody which enforceable in the courts to control activities at candidates are members of the National the local level. It has been equally traditional Party. for State Governments to restrict the ambit of Mr Mackenroth: Either that, or else the this power and to define very narrowly the membership is going to drop. circumstances in which a local government can exercise its law-making power. In other Mr BEATTIE: I take that interjection. words, a State Government can strictly limit Membership is dropping and, with this new the autonomy of councils in choosing the laws provision, it will continue to drop. We do need they wish to make to regulate local activities. a degree of honesty. If candidates are members of the National Party, they should In 1924, it took an ALP Government to not campaign as Independents. We should break from this tradition and to grant the newly have everything up front, so everybody can formed Brisbane City Council a general see. There should be no deception; nothing competence power. The council was charged should be hidden. The world should know with the government of the city, not just the and, as a result of this legislation, the world will performance of a discrete set of nominated know. functions, and had the power to make ordinances for the exercise of its jurisdiction. Before I move on to another matter, I The Act also spelt out a large range of specific have to say that I was appalled to hear the matters over which the council could exercise honourable member for Callide suggest that control and make ordinances. In 1936, it took pregnant women near term can get to voting another ALP Government to extend this booths as well as anyone else. I can concept to all councils in Queensland. This understand her attempt to develop a feminist brief history gives a clear indication of the agenda, and I congratulate her on that. She is Labor Party’s commitment to local authorities getting close. She is getting better, but she and refutes many of the things said by the has not quite got there. The reality is that, very member for Callide. The extension was frequently, pregnant women do not know—as achieved by including similar provisions in the the member for Callide is probably aware from new Local Government Act which charged her own experience—when the birth will take councils with the good rule and government of place, and it may well be that they are not their respective areas. prepared to go to a polling booth. Under those circumstances, if an electoral visitor vote Mrs McCauley: You’re not reading this, cannot be provided to assist women, I think are you? that is a very poor state of affairs. Mr BEATTIE: Yes, I am reading part of it. Mr Ardill: It is uncivilised. The only difference between my speech and those made by the member for Callide is that I Mr BEATTIE: I take that interjection. This wrote the speech and I am not reading it with is one of the greatest faux pas that the the sense of discovery often experienced by member for Callide has ever made. the member for Callide. Mrs McCauley interjected. As I was saying, it was believed that the Mr BEATTIE: Come on! The reality is that words in the statutes were sufficiently wide to the woman concerned may not feel like going enable councils to make by-laws and to to vote if the time when the baby will be born generally govern for the good of their local is close. I know that it is a long time since the communities. However, over the years, varying member for Callide gave birth, but it has been legal interpretations were placed on these 30 November 1993 6196 Legislative Assembly provisions, and in some cases it was argued Mr BEATTIE: It would be nice and it that the broad power to make decisions for would be different. I was pleased that, at the the good rule and government of the area outset of the speech made by the member for should be read down. Some believed that if a Callide when I thought she was going really specific power or function was not listed in the well, she supported a large number of the Act, a council could not perform the function. provisions of the Bill. Unfortunately, thereafter As a result, there were times when Parliament her speech deteriorated. A great responsibility had to amend the Local Government Act and has been placed on councils in Queensland add an additional function before a council because of the autonomy they will have in could undertake it or make laws about it. relation to what they can do and how they can In 1993, it has taken another ALP go about their business. The expectation is Government to introduce legislation—that is, that councils will use their new powers wisely, the Local Government Bill—that is designed to and that they will govern and make decisions grant councils the autonomy to truly govern at for the good of their local communities. As a the local level. That is one of the reasons why result of other provisions in the Bill, councils the term “Local Authority” has been replaced will also be very much accountable to the local by “Local Government”; it is seen to be a community for their decisions. This legislation genuine system of government. The Bill represents the third major advance in the provides that, in exercising its jurisdiction of development of local authority power in this local government, a council has a law-making State since the beginning of the century. I role for local laws and an executive role for the believe that that should be applauded by all adoption and implementation of policy, the members of this Parliament. In the few administration of local government, and the minutes that remain for my speech, I wish to enforcement of its local laws. A local deal quickly with two matters. government exercises the jurisdiction of local Mrs McCauley: Say something government for all parts of its area, and that more—another nice thing about me. jurisdiction is to make local laws for, and Mr BEATTIE: I will, but I will have to think otherwise ensure the good rule and about it. In terms of the other two matters that government of, its area. Local laws can be I want to raise, one is in relation to the greater made on any matter that is required or performance standards to which the permitted under any Act or that is necessary honourable member for Callide referred, and or convenient for carrying out or for giving includes the need for annual reports and effect to a council’s local laws. The only corporate plans, etc. The reality is that in general limitation on its jurisdiction is that a recent times local authorities have become local government cannot make a law that the more professional. To their credit, I believe State Parliament could not make, or which they have worked very, very hard to become attempts to exclude or limit the future repeal more professional, not only in terms of the or amendment of a local law. Both people they employ but also in the way in propositions are perfectly reasonable and are which they carry out their tasks. Honourable based on law. members can be genuinely proud of the level A local government also has no of competence generally throughout local jurisdiction to do anything else that the State authorities in this State and of the work and cannot do. If it happens that a State law and achievements of the Local Government a local law are inconsistent, the State law Association and the Department of Local prevails to the extent of the inconsistency. A Government in assisting in the development similar philosophy applies under the Australian of professionalism. Therefore, I do not agree Constitution to the relationship between with what the honourable member for Callide Commonwealth and State laws. It is a said about the so-called extra pressure that measure of maturity of the local government these performance standards would require. system and the relationship between the Local authorities are moving towards greater State and local government that has led to professionalism anyway, and anybody who is the granting of this broader charter of involved in local government would realise that government. Without a doubt, this is the an annual report and a corporate plan are widest general competence power or charter necessary parts of a system of administration that has been granted to a local government that is designed to ensure that ratepayers get system in Australia. If I can say something good value for their money. I do not believe complimentary about the honourable member that there would be any concern about that for Callide—— development, nor do I believe that local Mrs McCauley: That would be nice. authorities would resist it. Legislative Assembly 6197 30 November 1993

The last matter to which I wish to refer the House by outlining the measures that we concerns the south-east corner of the State support. There are 10 speakers from the and general cooperation. One of the things Government side, and I am sure that they will that has occurred recently has been the cover those matters adequately. I will address establishment of the Regional Planning and my remarks to 10 or 12 items that cause me Advisory Committee that is chaired by the concern. Honourable Minister, Mr Terry Mackenroth. I want to follow the sequence that the This has led to the production of the SEQ Minister adopted in his second-reading 2001 report and, for the first time, an analysis speech and begin with the role of local of the necessary growth that will take place in government in general. I note that the oath of the south-east corner of Queensland. allegiance has been removed from the Local Mrs McCauley: Where’s the money Government Act. A declaration now applies. I going to come from? view that with some sadness. If we truly Mr BEATTIE: That is a very good believe that local government is an important question. tier of Government in this country, it should be treated in the same way as the other two tiers. Mr Mackenroth: It is saving money. I regard local government as the most That’s what it’s all about—saving money. important tier, followed by the State and Mr BEATTIE: I take the Minister’s Federal Governments. In a constitutional interjection because, unless some planning monarchy, the monarch is the head of all and coordination between local authorities is Governments. I believe that the oath of provided for, money will be wasted and the allegiance should not have been removed south-east corner of this State will be an from the Act. administrative mess. I congratulate the The member for Callide, who led the Minister on this initiative and I hope that when contribution to this debate by the Opposition, the recommendations of the SEQ 2001 report referred to some of the changes that have are considered, they will be supported by all occurred in local government over recent members of this Parliament. The latest years. She referred to the gradual shift from statistics showing the proportion of national property-based services to areas of social, population as at 30 March 1993 and the economic and environmental importance. share of growth for the 12-month period However, I sound a note of caution. Even ending at that date indicate that Queensland’s though that shift should continue and has share of the national population is 17.6 per some real benefits for the community, there is cent and its share of the growth is 44 per cent. a great danger that local government will finish Those statistics cannot be ignored. Unless all up with many responsibilities that should be local authorities continue to cooperate with the the domain of Federal and State Minister and the State Government, the Governments. It is very difficult for a local south-east corner of Queensland will be an authority to be responsible for the state of the administrative nightmare. I assure the Minister economy in its area. That is clearly the that, as a parliamentary representative of a responsibility of Federal and State Brisbane electorate, I will do everything I can Governments. Councils that endeavour to to support his initiatives to bring about greater increase economic activity in their region can cooperation in planning the future of the encounter problems with people in the local south-east corner of this State. If we do not community, some of whom may object to work out where roads, schools and our public some of those development proposals. transport system will go, we will end up with a nightmare. At the other end of the spectrum is the social responsibility assumed by some local Time expired. authorities. That can be a problem in regions Mr LAMING (Mooloolah) (4.59 p.m.): I where a significant proportion of the rise with pleasure to participate in the debate population is reliant on pensions and other on this very important Bill. One could say that benefits. There may be a heavy it is perhaps overdue. Approximately 10 years preponderance of people who rely on welfare. ago, Mr Harold Jacobs was considering a If welfare becomes a responsibility of local rewrite of the Local Government Act. I thank government rather than the Federal Mr Maurie Tucker and Mr Geoff Baker for Government, the property-related services for assisting myself and others to clarify some of which local authorities have traditionally been the clauses of this Bill that, at first glance, responsible may be affected. were a little obscure. As my colleague the I turn to local authority elections. In his member for Callide stated, the Opposition second-reading speech, the Minister referred supports the Bill. I will not waste the time of 30 November 1993 6198 Legislative Assembly to local authority elections being consistent measure. I think that it is a move in the right with State Government elections. However, direction. that does not apply to fixed three-year terms. During this debate, I am sure that many In that regard, the Minister has followed the members from both sides will refer to the titles recommendation of EARC, which stated— of local government representatives. “Mayor” “The present practice of a fixed and “councillor” are the titles that have been election date for the whole of the Council selected. I do not believe that this is a very is widely accepted and supported. It important issue. In a few years’ time, the issue should not be changed except for good will have faded, and we will get on with the reasons. The Commission is not aware of serious business of governing people. The any such reasons.” important issue is how we go about that task, I subscribe to that view. I support triennial and not what title people are given. elections. For the sake of consistency, Personally, I would have preferred the title perhaps the State Government should also “president”, as is used in New South Wales. I adopt a fixed election date, rather than having believe that was recommended by others. election dates decided at the whim of the Mr Mackenroth: Some people thought incumbent Government. An inconsistency is that we would mix it up with the republican operating in that respect. debate, and we wouldn’t want to do that. Another inconsistency is the way in which Mr LAMING: I take the interjection from local councillors and mayors are elected. Page the Minister. It would be a great pity if the 33 of the EARC report stated— hard-working people in charge of local “(c) thereafter electors of an LA should authorities were given that title and it was be able to change to any one of the denied to Mr Keating! three voting systems referred to in I turn now to dual candidature. The EARC paragraph (b) provided a majority of report rejected dual candidature as a positive electors support such a change at a measure. That report stated— poll conducted at the initiation of the “The Commission recognises that Council or following a petition from denying persons the opportunity to 10% of the electors.” contest both Mayor/Chairman and I am not surprised that the Minister did not Alderman/Councillor positions may have adopt that recommendation, because it would the effect of discouraging talented have represented the endorsement of a voter- persons from nominating for initiated poll, which is not the policy of this Mayor/Chairman for fear of missing out Government. This legislation represented an on a council position altogether. However, opportunity for the Government to include the present system seems to produce measures such as citizen-initiated effective representation. The Commission referendums. That type of democracy could considers that the complications that have been tested at the local government would result in permitting dual level before it was embraced, as it eventually candidature outweigh any marginal will be, in State and Federal arenas. advantages that accrue . . . ” I agree with my colleague the member for I do not agree with that sentiment. I believe Callide that electoral visitor voting is a that many councillors who are potential problem. It is very administratively mayors see the possibility of missing out on a cumbersome. I wonder whether a provision in council position altogether, so they elect to that regard should have been a part of this stay within the council. I believe that local legislation. Perhaps voluntary voting would government would be better served by the have avoided the need to go to the trouble opportunity being open for councillors to and expense of electoral visitor voting at local nominate for both positions. government elections. I turn now to the State jurisdiction over Mrs Edmond: Some people want to vote local government. In his second-reading and find it difficult. speech, the Minister stated that the councils Mr LAMING: I take that interjection. represent a genuine system of government. I There is no connection between voluntary believe that any level of government can be voting and people not being allowed to vote. I genuine only if it is responsible. I do not might add that people can use the postal believe that that is possible if State law can voting facility as an alternative to electoral prevail over local law. The member for visitor voting. I note that political parties may Brisbane Central referred to the scenario in now appear on ballot papers. I applaud that which Federal law prevails over State law only Legislative Assembly 6199 30 November 1993 where an inconsistency is evident. However, purchasing to assist employment locally, in the same protection is not provided in the this State and in Australia, in that order. Local Government Act. In the Australian I turn to the very important issue of rating. Constitution, the States have residual rights, I notice the dogged determination to insist on and Federal law overrides State law only if an following the UCV rating system. For many inconsistency is evident. However, local years, I have been an exponent of the government does not have any residual rights, principle that the UCV system of rating and the State may override local laws. I think properties is most unfair on many people. that is a weakness of this legislation. Because time is against me, I will not go into a The fifth point refers to the abolition of long dissertation on that subject. I am pleased fund accounting, and along with that is the to see that there is now a lifting of any doubt abolition of financial separation. That will soon on the percentage of properties to which the be completely gone, if it has not already gone. minimum rate can apply. I see that as a good Having been a councillor in a council that aspect of the Bill. I notice that the differential enjoyed—and I say “enjoyed”—financial rating system can be applied on valuations. I separation, I can see that there are many see that as a move in the right direction. advantages in councillors being entirely Some years ago, I made a submission responsible for the rates raised in their own that consideration should be given to the area, the level of rating, the rate in the dollar, application of a maximum rate. If a council the minimum rate and the spending in their with the best of intentions can include a division. I know that that goes against the tide minimum rate as a part of its rating procedure of current thinking. However, many so that all people are expected to make a advantages of divisional or financial contribution to a reasonable level, there is no separation will be lost. When councillors go reason why a council should not have the back to their voters, they will say, “I am very facility to include a maximum rate so that no sorry, but I was outvoted by the rest of the individual must pay much, much more than council.” I have seen it happen already. It did the cost of services to the average ratepayer. not happen in the past when councils had That would be an improvement to that part of financial separation. I see that as a very sad the Bill dealing with rating. We must wait for aspect of some of the more recent the regulations to see the effect on rating movements in local government. remissions to religious, charitable, education I refer to the equal employment and public bodies. I noticed that opportunity management plan. That seems to environmental concerns were not mentioned be quite a mouthful. The Minister might like to in that list. Perhaps they might be a part of the make a note of this. I can understand an regulations when they come through. equal employment opportunity policy, and I Environmental concerns are not listed in the would subscribe to that. However, I ask the Bill. Minister to explain to me what a “plan” is, and I turn to remuneration for councillors. In does it mean that councils would be required his second-reading speech, the Minister to introduce affirmative action? stated that local government must specify the I turn to the supply of goods and principles of the remuneration system. I can services. In his second-reading speech, the follow that. He also said that local government Minister said that local government must have must specify not only the principles but also regard to the five principles taken from the the reasons for adopting the principles. I State Purchasing Policy: open and effective would like some clarification of what is meant competition, value for money, enhancement by the “reasons for adopting the principles”. I of the capabilities of local business and do not know how far one must keep going industry, environmental protection, ethical back to work out they way in which people behaviour and fair dealing. I do not have any think about their principles. problem with those principles. I would like the Open government is a very interesting Minister to explain to the House whether the issue. Once again, I refer to my brief enhancement of the capabilities of local experience in local government, when the business covers the issues of a purchasing idea of open committee meetings was policy of precedence for local business. Is constantly being debated. Our council did not there an aspect of that principle under which a have open committee meetings, and our State Purchasing Policy gets a percentage meetings worked very well. An adjoining premium, and could it include a national council moved to open committee meetings, purchasing policy as opposed to the and I do not believe that they worked any purchasing of overseas goods? That would be better. In his second-reading speech, the eminently suitable for local government 30 November 1993 6200 Legislative Assembly

Minister referred to open councils and duties are obviously matters that must be committees as being fundamental to ensuring addressed. Under the Bill, those matters can community scrutiny of the decision-making be dealt with by reprimand, fines up to $120 process. That sounds very good. However, if and demotion. I have serious doubts whether open committee meetings are held, some of local authorities should fine employees. Fines the real decisions move back into a pre- belong in courts. Other mechanisms can be committee situation conducted in the kitchen, used to discipline staff. If a fine were over the telephone or elsewhere before the appealed—and it certainly would be in many open committee meeting takes effect. If a cases—that process would cost more than the fundamental right of ensuring community fine was worth. There are other privileges, scrutiny of the decision-making process is so such as the use of a council vehicle, a nine- important, I wonder why the Labor caucus and day fortnight and promotional prospects. If a perhaps the State Government Cabinet are person is incompetent, for goodness’ sake, not open to the public. That is where a lot of that person should be dismissed. decisions are made that affect all of State intervention has been justified on Queensland. the basis of State interests and the protection I have some concerns also about the of public confidence. If a council operates in joint local governments. I believe in regional an illegal fashion, once again that should be planning in local government areas. At an the preserve of a court. If a council is unwise, SEQ 2001 meeting that the Minister attended, surely that is something on which the electors I commented that State parliamentary should take action at the subsequent election. representatives should be included in that It should not be an area for the State process. I have some concerns about the Government to enter. functions of joint authorities. From my reading Time expired. of the Bill, it appears that it covers everything other than the levying of rates. I have a Mr DOLLIN (Maryborough) (5.20 p.m.): I question that I would like the Minister to rise to join the debate on the Local address in his reply. It appears that local Government Bill 1993. This Bill has been long authorities can be joined in a joint local in the making and, I believe most honourable authority without their asking for it or perhaps members would agree, is long overdue. The without their permission. I would like some present Act was introduced in 1936, some 57 clarification on that point. The Local years ago, when the principal focus of local Government Association has said that that government was about providing basic impacts severely on the autonomy of the local community services such as sewerage, water, government system. If a joint local roads, streets and a few other property related government decision is unpopular with the services. people, who then becomes responsible for Though these basic services are as that decision? important today as they were 57 years ago, I turn to staff. I notice that the the general population has a greater requirement of the certificate from the Local expectation of local government today and it Government Clerks Board has been demands more of it. This Bill makes many abolished. I wonder now who can set the good alterations and additions to the Local standards. The Bill refers to certain standards, Government Act, but the most important thing but who sets the standards? The Bill provides it does, in my view, is cleans up the Act. It an opportunity for jobs for the boys or jobs for boots out the gerrymanders; it boots out the the girls to be introduced. rorts of the past in land development. It puts an end to the days where a crook could get Mr Stoneman: Jobs for the persons. elected to local government in a fast Mr LAMING: It is all right. I have referred developing region and become a millionaire in to both; I do not know of a third category. The next to no time by nest feathering themselves Local Government Association once again or nest feathering their big development said that the Institute of Municipal mates. Management should be asked to establish I will now quote what a prominent minimum standards. That would be another member of the National Party had to say reasonable option to take. We must make about the corruption that goes on within some sure that merit is not lost in the selection of local governments. This prominent person is staff. Bill Gunn, a man a lot of Queenslanders In his second-reading speech, the would believe is gun-barrel straight. I do not Minister also mentioned staff discipline. know what his colleagues on the other side of Misconduct, incompetence and neglect of the House would think about that, but what I Legislative Assembly 6201 30 November 1993 do know is that he established the inquiry that The Liberal and National Parties used this exposed the National Party Government for control to rort councils for the last 30 years. what it was—corrupt. All Queenslanders But no more, as this Bill requires that in should be grateful to Bill Gunn for that. I quote determining the electoral arrangements for a from an article in the Courier-Mail on 30 June divided local government there will be an 1993 that was headed “Corruption runs deep: allowance of 10 per cent applied to the quota Gunn”— for electing a councillor in a local government “Queensland’s Fitzgerald Inquiry with more than 10 000 electors and 20 per touched only the tip of an iceberg of cent where there is less than 10 000 electors corruption, the man who established the in a local government area. These criteria inquiry said yesterday. were introduced into the existing Local Government Act last year to enable Former deputy premier Bill Gunn, 73, redistribution to be done in time for the recovering at his Laidley property after a forthcoming local government elections. heart attack six weeks ago, said the landmark inquiry that uncovered a web of This Bill also provides for a new set of police and official corruption could have rules to deal with the conducting of future local continued for another two years. government elections that are fair and just. They have been drafted, having in mind the ‘With due respect to Tony Fitzgerald recommendations of EARC, which stated that (who headed the inquiry) it was only the local government elections should remain tip of the iceberg,’ Mr Gunn said. ‘Once under the Local Government Act and should they started looking at local government be identical, as far as practicable, to the they realised it (corruption) was a major present State electoral requirements. problem.’ This Bill sets out to make sure that Asked whether he thought corruption electors have every opportunity to vote and, in was still a problem in local government Mr fact, to cast a formal vote, no matter what Gunn said: ‘I think it is.’ their circumstances may be. This Goss Labor He said the inquiry’s most important Government insists that all citizens are given legacy was that it had changed attitudes their democratic right of having their vote to of politicians and public officials who now enable them to have an equal say in who will realised it was difficult to get away with represent them in local governments in the corruption or improper behaviour. future. Nonetheless, Mr Gunn said the The key elements of the Bill dealing with Fitzgerald Commission of Inquiry had local governments will be that the local enough material to continue much longer government elections will be conducted than its two years. triennially, with the chief executive officer or ‘But as Sir Max Bingham (the first shire clerk or city administrator, as we know head of anti-corruption group the Criminal them today, of each local government being Justice Commission) had said . . . ‘there the returning officer for the election. It will be was enough blood on the floor’, Mr Gunn necessary to hold an election where a said.” vacancy occurs in a councillor’s office before 1 March in the first year preceding the election. Now I will address the section of the Bill After this date, a vacancy must be filled by a that deals with election provisions. As the qualified person nominated by the political Minister has already indicated in his second- party that endorsed that vacating councillor, or reading speech, the local government should it be that the councillor was not elections to be held on 26 March 1994 will be endorsed by a political party, the local conducted under the most democratic government would then appoint a qualified arrangements ever to apply to the local person after calling for expressions of interest government system in this State. from constituents of the local government This Goss Labor Government will ensure authority to fulfil that vacancy. this will be the case by requiring the equitable Those people entitled to vote at the local divisions of local government areas and the government election will be the same voters assignment of councillors to these divisions. who would vote under the Electoral Act 1992 Gone are the days of the gerrymandered for State elections. The Governor in Council is council divisions where some divisions had as also empowered to direct that a fresh election few as 100 constituents and others as many be held when a local government is dissolved as a thousand. for any reason, when amalgamation takes 30 November 1993 6202 Legislative Assembly place, or a major change is made to external election have not been received by the boundaries or other electoral arrangements. returning officer. There are other built-in The balance of the provisions of the Bill safeguards to keep the system honest. For are those which will apply to council after the example, an application can be made to the 1994 elections. The voting system will be Supreme Court for an injunction by a returning either optional or preferential, or first past the officer, or a candidate, against a person who post. Where a local government has one has or is engaging in conduct which would councillor to a division, each councillor, as well constitute a contravention of the Act. as the mayor, will be elected under the An elector of a local government can optional preferential system. In all other cases, also apply for a review under the Judicial first past the post voting will apply. Review Act 1991 in relation to the lawfulness As is the case with our State election, this of an election, the appointment of a councillor Bill enables returning officers to declare mobile or the eligibility of a person to act as a polling booths, where a part of a local councillor. This is to ensure that electors are government area does not have enough given the opportunity to receive legal standing electors to justify the setting up of a polling under the Judicial Review Act of 1991 for booth, or where the returning officer is certain local government electoral matters. satisfied that residents in institutions such as As the Minister mentioned in his second- retirement villages, hospitals and the like reading speech, one of the basic aims of this should be able to vote at such institutions. Bill is to provide local governments with Other electors who are ill, disabled, in an increased autonomy and flexibility in what they advanced stage of pregnancy, or those can do and to balance this with the persons caring for them, will also be able to appropriate level of accountability. The make an application for an electoral visitor cornerstone of any accountability measures vote. An issuing officer will visit such electors for a Government are fair and democratic to enable them to cast a vote. elections. This Bill delivers that. I support the Bill. Other circumstances will entitle constituents to make application for a Mr STONEMAN (Burdekin) (5.30 p.m.): declaration vote or postal vote. For example, Firstly, I would like to mention the people who the elector who may be away on holidays, not have been involved over the years in the able to get off work, be ill, or gone fishing on review that culminated in the new Local polling day, there will be provision made for Government Bill. I pay tribute to Harold declaration voting to be taken at council Jacobs, Ken Mead and Maurie Tucker, former offices, or other conveniently arranged places, Directors of the Department of Local prior to polling day. Government. I pay tribute to the work that they have done and the way in which they Electors may vote as a declaration voter embraced the philosophy of the need for local during normal business hours in the period government to maintain its critical role as the commencing 14 days before polling day and tier of government closest to the people. I not later than 6 p.m. on the day before polling recognise the incredible amount of work that day. This Bill will give electors wide-ranging local government is taking on in this day and discretion in the marking of their ballot papers. age. I commend them for that. For example, they can be marked with the figure “1”, a tick or a cross where one I commend the Minister for adopting what candidate is to be elected, as well as by would seem to be a fairly reasonable package marking a “1”, “2”, “3”, “4”, and so on, as is the of recommendations. As the shadow current State law. In addition to this, the Bill spokesman for Local Government indicated, allows an elector, as well as marking a ballot the Opposition supports the Bill. However, we paper, as I have just explained, to use some do have concerns about it. Obviously, the dab other writing or mark to indicate their hand of the philosophical component of the preference. This will eliminate most of the Government is involved. I acknowledge that informal voting and does not discriminate that is the prerogative of the Government of against any constituents. the day. But it is sad that, in some instances, it has been a little more involved than might As is the case with the current law, the have been necessary. Nevertheless, I do not returning officer is required to declare the want that to diminish the very genuine work result of the poll and the names of the commenced in the days of Harold Jacobs candidates who have been elected as soon before this Government came to power. as possible after polling day. This must be done when the result of the election is clear, Mr Beattie: We did some of it. even though all votes that may count in the Legislative Assembly 6203 30 November 1993

Mr STONEMAN: I am trying to be a bit expectations to continue with those programs. more global in my thinking than the member The problem is that the funding generally for Brisbane Central. That is the sort of inane diminishes, which leads to a greater imposition comment that we have to expect from time to on the ratepayers. time from that honourable member. He is I turn to my comments earlier about this turning his electorate into a marginal one, so Government’s interference in local he is concerned. government via EARC. I have some concerns In commending the current and former about EARC’s capacities as it was initially Directors of the Department of Local structured. More recently, it was structured to Government for the processes undertaken cope with the issue of local government. It over a five or six year period, I note that the was not originally set up to embrace the record of this Government over the last four issues imposed on it by this Government years in respect of local government has been before the current Minister took over. We generally abysmal. We have spoken about its know that the internal boundary strategy agenda at great length, and I will not go into it failed. It was a blatant attempt to try to in detail this evening. There has been a centralise the last local government elections determination to impose on local government and to bring local government more towards a greater degree of responsibility than it would the middle of urban communities. The people like to accept. That is the philosophy of the of Queensland saw through that and reacted Government. I will come back to that in a accordingly. moment. I take on board the comments of the But a number of anomalies have come member for Mooloolah about the shift of local up. Some of the references that came initially government emphasis towards what one from EARC to the current Local Government might call the more social responsibilities of Commissioner were very poorly based. That the community. That is a very valid point. exacerbated the situation that the Local On numerous occasions it has been Government Commissioner was faced with, brought to my attention that there is a because of the references passed from EARC tendency for both State and Federal via the parliamentary committee. Of course, Governments to create programs within the the committee voted along party lines. I was structure of communities. In doing so, they set proud to say that, along with the other up an expectation of assistance with funding Opposition members on that committee—and for all of the components of the various not out of sheer cussedness, but out of programs to assist people in the community. realistic assessment—we opposed and In many instances, these programs assist dissented in respect of those people with a very great need. But local recommendations. We could see what would governments are then left high and dry. This is happen. Obviously, our assessment has come a major concern. After all, local government is to pass. about providing the basic services that the I have difficulty grasping how the community requires—maintaining roads, differences between each of the major collecting rubbish, and so on. regional and city areas around the State were As our society grows, there is a greater embraced, not only in the references from the need to provide library services, entertainment Minister but also more lately by the and cultural centres, and so on. Nevertheless, recommendations of the commissioner. We that does not take away from the concern saw Cairns and Mulgrave totally excluded from raised by the previous Opposition speaker any such scrutiny. We know that that was about the ever increasing encroachment and largely because of the presence of the Shire the forcing upon local government of a lot of Chairman of Mulgrave, Tom Pyne. responsibilities that this Government might Mr Pitt: He does a good job, too. regard as being in the social justice area. That imposes a workload on the administration of Mr STONEMAN: I put on the record that local government and also on its costs. It is a he is one of the people of whom local very fine line, which the Government has government can be proud. We need to make encroached upon considerably. sure that people such as Tom Pyne are able to continue to use their experience without I caution the Government and all fear of having to fight the references that members of this House to be aware of the come from the Minister to the Local impositions being made on local government. Government Commissioner and that are now Those programs take a lot of time and money. part and parcel of the local government As I said, local government is inevitably left structure in this State. It has changed. with the responsibility of meeting community 30 November 1993 6204 Legislative Assembly

Cairns and Mulgrave were left alone. We and amalgamation of local government areas have seen that there have been some is going to be enormous. It is going to affect changes not only at the fringe but also the capacity of those councillors to develop a internally in Townsville and Thuringowa. feeling for the local government operation. Pioneer and Mackay were totally I note further on that subject that the new amalgamated. If that is the sort of consistency structure within the Burdekin Shire, which is a that will continue to run through the references local authority within my electorate, is going to in respect of local government from this move to an undivided basis. That was a Government, I fear for the future. The agenda decision made by the council. I have been has no consistency. Thank goodness, in this critical of the decision and publicly expressed instance, the Bill seems to have a my concern about the decision. I do not think considerable amount of consistency. that the decision will serve the people very well Finally, in respect of the local government at all. In the future, I think that the elected boundary change structure, I feel sincerely for representatives are going to be more the people of the Warwick area—the concerned about keeping their names in front Glengallan, Rosenthal and Allora Shires—in of the whole community rather than serving which there is an amalgamation quite against the best interests of the people whom they the interests of the community. I think that specifically represent. local councils should not have such Another concern relates to the casting amalgamations forced upon them again. I vote of the chairman. This also affects the know that, at this stage, the recent Burdekin area. The Bill maintains the capacity Gympie/Widgee change may well be for the chairman to have the casting vote—an successful, but I make the point that the ordinary vote as well as a casting vote. I workload on the councillors as a result of the believe that that is necessary. I am concerned increased local authority areas is going to be about cases in which the chairman’s casting enormous. There is no doubt that the vote is used to take a new direction; in other workload will increase and the effectiveness of words, to change the status quo. It seems to the councillors and the access to them will me that that is not the intent of a casting vote. diminish. The increase in the size of my In most instances, the tradition has been that electorate has not been very large, but in the chairman casts that vote in favour of the terms of population it has been a huge status quo, so that there is no effective increase. That has resulted in a huge change made as a result of a tied vote. The reduction in my capacity as a member of Bill should have recognised that fact. In some Parliament because I serve two major instances, that can put the chairman in an communities which are 100 kilometres apart, onerous position, and I believe that there and they expect the same type of service as needs to be more guidance in legislative they have received in the past. Those people terms in relation to that. On the other hand, if rarely see their member now, unless they there is a vacancy requiring a by-election, the have a problem. Other areas, such as those chairman is going to have a tied vote to represented by the members for Callide, contend with and someone will have to make Gregory and Warrego, are enormous, and a decision. So it is reasonable for the casting onerous demands are placed on those vote to be applied in that circumstance. members. All of these changes are done in the name of fairness and equity, but I think In his second-reading speech, the that part of fairness and equity is a need to Minister made the point that he was surprised have reasonable access to one’s elected at the amount of controversy that emerged in representative. In this case, of course, that is relation to the name of the head of the local the councillor. authority. I am one of those people who has quite a reservation about the broad-brush use As a result of the rearrangement of the of the term “mayor”. I think that the term Townsville local government boundary, the “mayor” is one that we have always people who are going to be in the southern traditionally associated with specific urban areas of what was previously Thuringowa are areas. I believe that it is more appropriate to going to be served by someone who will continue with that line and use the term obviously have no idea of the enormity of the “chairman” or “president”—it is immaterial to task, because I do not think that anyone in his me which one; although I think that “chairman” right mind would run for that ward. served the purposes of the community very Undoubtedly, some good honest citizen will be well. It would be ridiculous to have a mayor of elected and someone will have to pick up the the Diamantina Shire. Out there, one can workload. The point that I am making is that drive for three days and hardly see another the increase in the workload by enlargement Legislative Assembly 6205 30 November 1993 person. Yet, because of gender equity, the Burdekin, which is undivided. Local authorities head of that shire will be called “mayor”. have had imposed upon them the Mr Mackenroth: What’s wrong with that? requirement to hold a general election to replace one single person. That could happen Mr STONEMAN: I am saying that I think two or three times, or more, in the first two that that is ridiculous. The Minister is entitled years of any term of local government. The to his view, but in my view it is ridiculous to cost could become quite a burden in some have a mayor of a local authority out there. circumstances. I am concerned that that type Mr Mackenroth: Do you think that they’re of by-election will serve the purposes of this something different to, say, the Mayor of Government very well, because it will have the Brisbane? capacity to centralise the power further. The Mr STONEMAN: The point that I am clear message is that in a by-election making—— structure, the new candidate may be the good guy down at the football club or somebody Mr Mackenroth: I’m ashamed that you who is well known rather than somebody who would be putting those people down like that, has worked in the wider community over a just because they live out west. long time. A fragmentation exists in those Mr STONEMAN: I am not putting them undivided shires where everyone does not down. I have credibility in the west and friends know all the residents. A number of in local government out there, and I know communities exist in shires such as that, and I what they would be thinking—the Mayor of the am concerned about that. Ilfracombe Shire, the Mayor of the–— Time expired. Mr Mackenroth: What’s wrong with that? Mr NUNN (Hervey Bay) (5.50 p.m.): The Mr STONEMAN: What is wrong with previous speaker just bored me stiff. I am “chairman”? That is the point that I am going to return the compliment. In a previous making. The Minister and the members debate in this House, I was able to speak opposite are not going to be happy until we about the new Land Act, which replaced the are all riding around on push bikes, wearing hotchpotch of Acts and amendments that had collective-type uniforms and all looking the been a burden upon the Queensland public. same. They will not be happy until they have Nobody understood fully the previous Land taken the words “man” and “woman” out of the Act. It was extremely difficult to administer, vocabulary. They will not be happy until we are and it was out of date. all down on the floor grovelling around and This Local Government Bill has been waiting for the handout from Big Brother brought in for similar reasons. The need for Government. this legislation is demonstrated in clause 802, I believe that there was nothing wrong which repeals the Local Government Act of with the old title, “If it ain’t broke, why fix it?” In 1936 and no less than 98 amendments to general, people were happy with the term that Act. That demonstrates that this “mayor” as it related to an urban area, and legislation is long overdue. As usual, it has they were happy with the term “chairman” as it been left to a Labor Government to bring in related to the more far-flung areas. This the necessary and long-awaited reforms change is simply an effort to be politically contained in this Bill. I must say that it has correct. been given broad support by local In an urban sense, I have no hassle with government in Queensland. the term “alderman”. It is recognised that an It is timely to remind honourable alderman is a member of a city council in an members of the objects of this legislation, urban area. That is quite reasonable. I have which are contained in clause 3 of the Bill. no particular hassle with the change to Clause 3 states very clearly that the objects of “councillor”. However, it seems to me this legislation include— somewhat ludicrous to have a mayor of the “(a) providing a legal framework for Diamantina Shire or the Bulloo Shire when, an effective, efficient and accountable quite frankly, the term “chairman” is system of local government in recognised. It has stood the test of time and it Queensland; and is more than reasonable. However, I do not think that it is something that we should go to (b) recognising a jurisdiction of local the wall on. government sufficient to allow a local government to take autonomous My other concern relates to the costs to responsibility for the good rule and local authorities of by-elections in those first government of its area with a minimum of two years, particularly in areas such as the intervention by the State; and 30 November 1993 6206 Legislative Assembly

(c) providing for community If local government is going to change participation in the local government what it does in a systematic way, to adapt to system; and new circumstances, or to take up new (d) defining the role of participants opportunities, it must have a plan. For in the local government system; and corporate planning to work in local government, a number of elements are (e) establishing an independent essential. Councillors and senior officers must process for ongoing review of certain be committed to the process, and there must important local government issues.” be access to someone who is actually skilled Bearing all of those points in mind, it is in planning. An assessment of community not unreasonable to expect that the views is also essential to find out what people Opposition would have supported this Bill. think about local government, its role, and There is not a bad suggestion contained in what services should be provided in the future. that clause. As members can see, it That process of identifying issues and priorities demonstrates the good intentions of also needs to be undertaken within a local Government not only towards local government, involving both the elected governments but also, more importantly, to members and the employees. It is aimed at the ratepayers of Queensland. trying to find out where the local government It is my intention to deal with Chapter 7 of and its area are at, identifying its strengths the Bill, which deals with the financial and weaknesses, the threats and operation and accountability of local opportunities on the horizon and what the government and, in particular, corporate and community wants to see happening. operational plans. Of course, the operative As I said before, if local government is to word is “plan”. Up until now, the only plan that continue to offer leadership to the local some councils had was to get themselves re- community, it must have a plan. Corporate elected, and things were done on the run. planning is a logical process to shape what Now councils will make decisions based on the the local government does as well as provide strategic directions arising from their corporate a sense of direction for the local community. plans rather than relying on ad hoc decision- The corporate plan will be the umbrella making, as was the practice in the past. It document, setting out how local government must be remembered that this Government will exercise its jurisdiction for particular has allowed local government greater functions of local government, which will flow flexibility, and it is one of the requirements of from and reflect the directions set out in the this Bill that this flexibility be balanced by corporate plan. improved management performance and The Bill contains a number of features to accountability. set the broad framework for corporate Three main principles underlie the planning in local government. Each local corporate planning approach in the Bill. A local government will have to adopt a corporate government should not exercise its jurisdiction plan. Local governments will have to have without a statement of its direction in response operational plans, and they will have to base to issues confronting the area; an over-arching their budgets on such plans and report in their plan is needed to integrate the range of annual reports on performance under these functions local governments undertake, and to plans. Many local governments have provide a basis for all the other functional prepared, or are in the process of preparing, plans to be prepared, for example, land use corporate plans. I must say that the City of plans, total management plans for water and Hervey Bay has had a corporate plan for sewerage and drainage as well as traffic plans years. That is mainly due to the foresight of its for the whole of the local government area; present Mayor, Mr Fred Kleinschmidt. The Bill and a local government should allocate its sets 30 June 1995 as the deadline for all local financial resources on the basis of its governments to have their corporate plans in corporate plan. Those principles reflect broadly place. That will give local governments that do the approach to strategic planning in the not have a plan time to do the job properly, Public Finance Standards that apply to the and those that do have such a plan time to State Government. That these principles work modify or revise the plan to bring it into line is demonstrated by the excellent credit rating with the requirements of this Bill. that Queensland enjoys among financial The corporate plan is the local institutions throughout the world, and a government’s plan. It is not the plan of a general acceptance that its performance is particular department, or a division of local better than that of any other State in Australia. government. It is also not a plan by staff members on how to organise their activities Legislative Assembly 6207 30 November 1993 and to implement their local government Mr NUNN: As scintillating speeches in this decisions. It is the plan of the local House are few and far between, it gives me government, and it is the basis upon which great pleasure to take up where I left off the local government proposes to exercise before the dinner recess. Councillors will be that broad jurisdiction to which I have referred expected to make decisions in the public over a number of years. Councillors must have interest and to formulate, adopt and review a far more direct and detailed involvement in the corporate and operational plans, to the development of a corporate plan for a approve the budget, make decisions to local government than what would generally achieve the goals, and implement the policies occur for departments at State level. In this of the council. They will also be required to light, the Bill recognises specifically that the spend more time on strategic issues and on role of an elected member includes reviewing performance, and less time on ad participation in the formulation and adoption hoc decision-making. of the corporate plan. The local government’s The chief executive officer will be corporate plan also has to be much broader responsible for implementing the decisions of than a plan for a private organisation because the local government and he will be it is a plan for the Government of an area, and accountable for the performance of the staff. not just the implementation or provision of a It is he who has the role of implementing the number of discrete functions or services. Such local government’s policies and decisions as a plan would require an assessment of local well as attending to the day-to-day and regional issues, external factors affecting management of the local government’s the area and the local government’s operating affairs. The mayor will be the link between the environment before setting down the aim of local government and the chief executive the local government, the goals that it wants officer and will ensure implementation of the to achieve over the next few years and the local government’s decisions. strategies to achieve those plans. Local government councillors may ask for Under this Bill, the matters to be help or advice from the chief executive officer addressed in a corporate plan will be set out in or, if the request is made under guidelines the Local Government Finance Standards made by the chief executive officer, he may along with what is intended in the operational ask that advice of another employee. This will plan. Councils also have a diversity of clients abolish the practice that some councillors to respond to. Therefore, it is vital that the employed when they interfered with the good public as well as business and community running and administration of the council’s groups are all involved in the corporate affairs—sometimes with an ulterior motive. planning process for each local government. The old pal’s club has suffered another blow The Bill does not impose a partition process from that part of the Bill. on the expectation that best management practice demands that this should occur. The local government will be accountable However, before a local government adopts its to the public for its performance at election corporate plan, it must be open to inspection time. The main accountability document is the for at least 30 days. annual report, which is linked to the corporate plan and the operational plan. In summary, a A corporate approach has also been corporate plan, coupled with plans for pursued in other parts of the Bill, in particular particular functions of local government, can Part 3 and Part 4 of Chapter 12. In the past, ensure that resources are directed to the absence of any clear definition of the roles achieving directions set for the community and and responsibilities of all the key players, that that staff are held accountable for their is, the council, the mayor, the individual performance. The local government will also elected members, the clerk and other staff, be held accountable for its performance has meant that different councils have through the electoral process and by reporting adopted different approaches and operating on the success of implementing its corporate styles. At times, that has worked, but there and operational plans in the annual report. have also been occasions on which the opposite has been the case. Sometimes, the There is no chapter, section or clause in old pals’ club reared its head, and the “You this Bill that is not important. However, I scratch my back and I will scratch yours” consider that the most important part is the mentality prevailed. Hand in hand with the one that promotes the concept of open and move to a corporate approach in the Bill is the accountable local government on the basis definition of the roles of the key players to that it gives the stakeholders in a council better fit the corporate approach. access to the council’s forward planning and decision-making processes. It is important that Sitting suspended from 6 to 7.30 p.m. 30 November 1993 6208 Legislative Assembly an informed assessment can be made of the Although in one breath the Government council’s success in achieving its goals and in in this State is saying that local government is meeting community expectations. If this autonomous, in another breath it is discussing success is attained, it will not only assure the plans to force through amalgamations and community that due processes are being impose on all local governments a followed but also will encourage community Queensland Treasury Corporation contribution and participation. performance dividend. During the current When this Bill is passed, councils will be financial year, local governments will be called judged by the ratepayers at the time of local upon to bear a burden amounting to government elections. It will no longer be a approximately $7.5m, which the State guessing game in which the ratepayers, in an Government expects to receive by way of the attempt to get it right, more often than not rely QTC performance dividend. Because of the on pot luck. This Bill will ensure that when huge borrowings presently by the Brisbane ratepayers go to the local government polls, City Council, it will contribute something of the they will be fully informed regarding not only order of $3.5m to $4m. This indicates a the ability of their councillors but also the system of double dipping or double taxation of outcome of decisions that are made on their local government ratepayers is operating behalf by those councillors. I congratulate the throughout Queensland. One only has to refer Minister and his officers on what I am sure will to the fact that local governments are required prove to be landmark legislation. I support the to pay the performance dividend irrespective Bill. of whether they have borrowed from the QTC or not. That is absolutely disgraceful. Mr BEANLAND (Indooroopilly) (7.34 p.m.): I rise to speak to this most When members of Parliament consider significant piece of legislation which can only the words and objects of this Bill, it is quite be gauged by the importance of local obvious that the Government has its hands in government in this State. I particularly want to the pockets of local government in this State address my remarks to the effect that local by virtue of the Queensland Treasury government has on the day-to-day lives of Corporation performance dividends. The citizens as set out in the objects of the Bill, requirement could be described as a bond which is a very important part of the which, at the end of the day, will have to be legislation. At the outset, let me say that I am paid by the ratepayers. I do not believe that pleased to see that there will be greater use of the treatment of local governments in this the term “local government” to refer to the manner is in keeping with the spirit of the third tier of government in this State. I might legislation, and it can rightly be said that local add that, in the eyes of many people, local governments are being treated as though government is the most important tier of they are statutory authorities when they government, and “local government” is a far should not be. I understand that 61 local more fitting term than is “local authority”. governments are borrowing through the “Local government” indicates a status of QTC—which represents approximately half of autonomy. Local government should never be the number of local governments in this compared to a statutory authority. Let me say, State—and that 73 have decided to go their however, that judging by the actions of the own way and to continue their current form of present Government, I believe that, at times, borrowing. The Treasurer has made it very local government is regarded as a statutory clear that, regardless of the form that the authority by the Minister. borrowing takes, local governments will have the performance dividend imposed upon I take this opportunity to congratulate the them. I appeal to the Minister to take up this Local Government Association for the matter with the Treasurer and suggest that by tremendous work it does in representing local doing so he would go a long way towards governments throughout Queensland, and for achieving exactly what the objects of this Bill the role it plays in assisting local government. describe. The Local Government Association was established to assist local councils, to be The Brisbane City Council is one of the called upon to give advice whenever it is largest local governments in the world, and needed, and, when required, to further much of the effect of this legislation will represent local government in the halls of impinge on that council. According to the power at the State level. For example, the Treasurer’s Annual Statement, over the past LGA goes to the Minister or calls upon the three years there has been a record level of Minister for support and represents local growth in the city debt. It appears that the governments in a number of other ways. stage has now been reached that at the end of the three-year term of the present Brisbane Legislative Assembly 6209 30 November 1993

City Council, the increase in the city debt will council as “mayor” rather than “chairman”. I be 56 per cent—which is a $437m increase— am sure that the chairman of the Perry Shire making a total debt of $1,214m. This means and other shires will look upon that change as that the city debt has increased by $1,800 per a worthwhile exercise. However, I would have ratepayer over the past three years. Because thought that, since the Labor Party is so keen the Brisbane City Council is so keen on on the word “president”, it would have adopted borrowing and on running up a city debt that that term. After all, Labor’s Federal leader is must be met at some stage, the Government running around the nation espousing the will be going against its own objects and its concept of a president of Australia. This own legislation by now requiring all local legislation presented an opportunity for the governments to pay the performance Minister to adopt the term “president”. It is dividend. quite clear that, in the end, the frustration While I am discussing the Brisbane City became so great for the Minister that he threw Council, let me also say that this legislation up his hands in horror and said, “I am sick and provides an opportunity for the Minister to tired of it. It sounds like a good idea to use the indicate to the ratepayers of Queensland the term ‘mayor’.” It is quite clear that the Minister effect of the superannuation amendments is trying to abolish some of the traditions of that are proposed. After all, because the local government in this State. I do not know Minister likes to tell councils what they can and that the change of title has achieved a great cannot do, he has indicated that he wants to deal. The same applies to the term “alderman” get involved in the affairs of councils. The being changed to “councillor”. Although there superannuation benefits to which I have may be some support for that change, I am referred will provide a windfall to Brisbane’s sure that just as many people are opposed to Lord Mayor of $20,000. Under the current it. scheme, if he is defeated at the forthcoming I turn to the amalgamation of local council elections, he would receive $22,000, authorities. I am disappointed that the but under the new proposal the Lord Mayor Government is not requiring that a referendum would receive an additional $33,000. In other be held before local government boundaries words, under the new proposal, the Lord are changed. I think that is an extremely Mayor would receive $55,000. That windfall important measure. Once again, this is not in was brought about because the council keeping with the objectives of the legislation. I decreed the current superannuation scheme have examined those objectives and then to be retrospective. I believe that this matter perused the legislation to see whether the should be determined by the electors of objectives are reflected in words and in deeds. Brisbane at the forthcoming council elections. I have discovered that, on important issues, If people agree that the scheme should be the objectives are certainly not reflected in the retrospective, that is fine and they can vote on legislation. One would have expected that, if it accordingly. However, the Brisbane City autonomy for local government is the intent of Council and the State Government have no the legislation, a referendum would be mandate to make such a decision. conducted before any significant boundary The aldermen who were apparently in the changes occurred. That provision is not wrong faction and who got the axe will also be contained in this legislation. in receipt of a windfall. Those aldermen who As I understand it, the Minister proposes will not be candidates at this election because that down the track more amalgamations and they have been given the chop by their party mergers of local authorities will occur. will receive a windfall of $20,000. Previously, However, that will be without the approval of an alderman who had served only one term the people who count: the people who have was entitled to only $13,000. However, under so much pride in their local authorities; the the new proposal, such an alderman will people who work in local authorities; the receive an additional $33,000. Such action people who should be able to make a does not bode well for the credibility of local decision about whether they want to keep a government. I bring those issues to the local authority; and the people who elect their attention of the Minister. The retrospective local representatives every three years. This changes to the superannuation entitlements Government is thrusting aside the views of will come before the Minister for approval. He those people and imposing its views on them. will be in a position to delay any changes until Given those circumstances, it cannot be said after the forthcoming council elections. that the State Government is providing At the time of the drafting of this autonomy to local government. This legislation, the Minister probably believed that Government has removed autonomy from it was a good idea to refer to the head of a local government, without allowing the voters 30 November 1993 6210 Legislative Assembly to have a say in what type of local encourage the establishment and growth of government they want. After all, if the voters business. It is important that this legislation be are not in favour of boundary changes, they as free from red tape as possible and as should not be forced to accept them. People conducive as possible to enabling local have a far greater attachment to local authorities to encourage the growth of government than they do to State or Federal business. Over the past few weeks, it has Government. In fact, by and large, people do come to my knowledge that the Brisbane City not give a damn about State boundaries. The Council has introduced new food hygiene by- members of the governing party of this State laws and food hygiene licensing fees, which will soon discover the strength of that range from $125 for a limited area to $1,382 attachment to local government, and they will for an area of 1 001 square metres and over. regret thrusting changes upon it. Small operators dispensing food will be faced I turn to local laws and local law policy. with those extra charges, but no additional This is an area of great confusion. The checks will be carried out. Already, health change from by-laws and ordinances to local surveyors and other officers from local laws has not been explained. The legislation authorities call on businesses that dispense refers to State laws. That is fine. In the past, food. Suddenly, one is confronted out of the there has been no confusion over the terms blue this year with a new food hygiene tax. “by-law” or “ordinance”. I have never struck That is all it is, a new tax, ranging from $125 such confusion. However, I believe that to $1,382. One can appreciate the significant confusion will be created by the term “local effect that that tax will have on those small law”, because it is used in other jurisdictions business people who operate within the and carries a different connotation. I view that community and who are looking at ways of as change for the sake of change. employing more people, building up their businesses and generating growth. As to the dissolution of local authorities—once again, the Minister has The same may be said for the home vested in himself the authority to dissolve local transfer tax. A number of local governments authorities. The legislation does not provide might be considering the home transfer tax, that an independent inquiry must be held when people sell or buy a home and a before a local authority can be dissolved; it is transfer of the title deed takes place. The local purely in the hands of the Minister. He need councils are now becoming part of the act by only be satisfied that the local government imposing their own charges. That will have a has acted unlawfully or corruptly or has acted very significant effect on the growth of industry in a way that puts at risk its capacity to and the growth of houses in certain local exercise properly its jurisdiction of local government areas, particularly as people buy government, or is incompetent or cannot and sell. Elderly people will be affected. Those properly exercise its jurisdiction of local who are rich and those who are less government. Of course, those issues will be economically well off in society will be affected left to the judgment of the Minister. As under by that proposed new tax that we are seeing the current Act, this legislation leaves it open not only in Brisbane but also in some other for the Government of the day to step in and local governments. sack a local government. This matter has As to the role of local government in been the source of a great deal of contention business, there is growth and development over the years. It is quite clear that it will and there are opportunities for local continue to be a contentious issue. The power government to become more involved in the still resides with the Minister. Again, that does day-to-day activities of their citizens. I not tie in with the objectives of this legislation, conclude on the issue of rates and their which refer at length to the autonomy of local importance to local government. Increases in government. It is clear that the Government rates have become so great that, over the has been making sounds in one direction, but past three years, rates in Brisbane have this legislation goes nowhere near far enough. increased by two and a half times the rate of In fact, in relation to providing autonomy to inflation. On the average rateable block of local government, in many cases this land, water rates alone have increased by 8.6 legislation has worsened the scenario that per cent. The increase of 8.6 per cent is well currently prevails. above the rate of inflation. One can see the I turn to the importance of local significance of that increase for home owners. government to business, particularly small Business people in the city will likewise be hit business. However, many charges and costs by the increased burden of water rates. are imposed by local government on those Because their usage is measured by a meter, businesses. Local authorities can and do businesses pay far and above the amount Legislative Assembly 6211 30 November 1993 paid by the owners of average residential rewrite the Local Government Act. I never blocks. One can imagine the effect that the understood then and I do not understand now 8.6 per cent increase will have on businesses why he had to retire before he was hired to across-the-board. rewrite the Act. Nevertheless, times have The role of local government is very moved on. Bill Gunn brought us the Green important. The way in which it affects business Paper in 1989. Tonight, we have a good Bill is increasing rapidly. I bring those matters to before the House. the attention of the House because of the In common with other honourable importance of the role that local government is members who have served some time as local playing and the way in which it affects government councillors and, I expect, in business, and to highlight the increase in common with others, I am personally gratified charges relating to business development to see many wrongs, as I perceived them to around the State. The legislation that the be, righted in this legislation. I cite as an Minister has introduced has many good parts. example the provision for the registration of Unfortunately, it also has a number of councillors’ interests. I will quote from one of provisions that are of concern to local our local papers, which shows that we even government. I trust that the Minister will, in have the Liberal chairman, Rob Akers, on time, look upon some of those clauses with a side. He said that major changes include a view to their amendment down the track. requirement that councillors must register their Mrs WOODGATE (Kurwongbah) interests, which is good, because in the past (7.54 p.m.): The Bill that we are debating councillors were accused of taking bribes, tonight is certainly well overdue. We are doing things that were wrong, accepting things amending the 1936 Local Government Act. and having interests in matters that were That is almost as old as I am, so I can tell being debated in local government. That will members how outdated that Act is. Earlier come out in the open now, which is a good tonight, the member for Hervey Bay said that thing. approximately 98 amendments have been The provision relates also to material made to the present Local Government Act. personal interests of councillors. When I Since the days of 1936 when our forefathers served as a member of the Criminal Justice in this place thought up that legislation, the Committee, we visited the Mackay and role of local government has changed Pioneer Councils. In discussions with those dramatically. Local councils now look after councillors, they were absolutely appalled that more things than rates, roads and rubbish. I should suggest that they should leave the Those of us in this House who have been room when something in which they had a associated with local government and served pecuniary or personal interest was being some time there would agree with me that the debated. They thought that it was quite Act that we would use in the local authorities enough to sit there and not take part in the had so many bits of paper and amendments debate. Nothing that members of that sticking on the pages that it was really time committee could say made any difference. that somebody took a good, hard, long look at The member for Mount Coot-tha, Mrs the Act and brought it into the twentieth or Edmond, the member for Brisbane Central, Mr even the twenty-first century. As one went Peter Beattie, and Mr Robert Schwarten from around the State to local government Rockhampton North were all there and had conferences, one would still find a few old something to say, but those people could not troglodytes who would say, “The Act does not comprehend that it was correct to leave the need changing. It has served us well. Leave it room when such a matter was debated. Now, alone.” That reminds me of the story of my it will happen. To sit there and watch how their great grandfather’s axe that he bought 39 mates voted I thought was so wrong, but we years ago when I was young. It had had could not get—— seven new handles and five new blades, but it Mr Bredhauer: Intimidation from the was still as good as it was the day he bought gallery. the axe. That always came to my mind when Mrs WOODGATE: That is right. That is people talked about leaving the Act alone. another wrong, as I perceived it, that has The Green Paper was released in 1989. been righted. Bill Gunn was the responsible Minister at the I am personally happy that advisory time. I remember the days when I was in local committees may be set up under the government, before I came to this place, legislation. Councils will now have the authority when Harold Jacobs retired and was hired to set up advisory committees. In the past, straightaway by Russ Hinze as a consultant to people were invited to serve on committees in 30 November 1993 6212 Legislative Assembly an honorary capacity. Now, people serving on that speech, but I think the whole gist of the those committees are given a legal status and hour-long speech was summed up quite can be paid for their services. Some of them succinctly in one paragraph when he said— do a good job. People such as those from the “Our aim in government is to have a local Wildlife Association have a lot of input local government system that is open, into decisions. I would like to see them being accountable and has the confidence of used more. In my neck of the woods, I am the people.” sure that they will be used more. I believe in this Bill that is exactly what he has When we received the Bill after the done. He could have said it in two minutes. Minister’s second-reading speech a week ago, The Minister went on to say— I provided copies of the Bill to my local authority, the Pine Rivers Shire Council. They “. . . a system that enables the efficient were all pleased to receive the Bill and to read and effective delivery of quality services it thoroughly. I have asked for their input all to the community; . . . a system that is along. When I asked them on Monday and on adaptable and can meet the challenges Friday of last week whether they had anything that face all Government; a system where derogatory to say about the Bill, they could councils can achieve their potential, and not come up with anything at all. For the mutual respect exists between the State information of the House, I would like to read and local governments; and a system into Hansard a paragraph from a letter that where we work together as partners.” was sent to all councils today over the I did listen to the Minister’s speech, and I have signature of Greg Hallam, the Executive read it a couple of times since then. I have Director of the Local Government Association. discussed it with different local councillors in In the overall analysis of the Bill that went to my electorate and we all believe that all councils in Queensland today, Mr Hallam statement sums it up exactly. stated— I believe one of the major changes in this “In general, the Association views Bill is the changing of by-laws to local laws. I this Bill as fundamentally good legislation, will take a bit of time tonight talking about the much of it reflecting LGAQ policy, and by-laws that will be renamed the local laws. I therefore having its support. We also see believe this Act, in doing this, will treat councils it as a victory for both Councils and the more like Government rather than Association who have campaigned Government departments. I think that in some strongly for many of the Bill’s reforms over of the Federal and the State departments in a number of years. In fact, of some 150 the past—not so recently, but in the matters of concern raised with the past—local government has been seen as a Minister and his Department over the child of legislation rather than a governing course of development of the White authority. Paper and subsequently the Bill, all bar The Bill provides that in exercising its four alternate proposals were agreed to jurisdiction each local government has a law- by the State Government (and these making role and an executive or decision- were not fundamental issues). Justifiably, making role. In relation to its law-making role, given their limited”—— a local government may make laws on all Mr Mackenroth: I don’t know why people matters coming within its jurisdiction but say I’m hard to get along with. cannot make a law that the State has no Mrs WOODGATE: I have never found power to make. A local government is also the Minister hard to get along with at all. Mr precluded from making a law which purports to Hallam continued— exclude or limit the future repeal or amendment of the law, that is, if a law “Justifiably, given their limited provides it cannot be amended for so many resources and currently expanding years unless there was a three-quarter workload, some Councils may experience majority of councillors who voted for it, and difficulty in meeting these changes, but, where a State law and local government law unlike a lot of other recent changes, the are inconsistent, then the State law prevails to next Act will also deliver corresponding the extent of the inconsistency. I think any fair- benefits to Councils.” minded person will realise that is a very fair If that is not a seal of approval, I am not here, thing. It is the only way to go. and I think I am. The Minister’s second- These laws will now be known as local reading speech, as all who endured it well laws rather than by-laws, as is the case under know, took over an hour. It was quite a long our current Act. A common law-making second-reading speech. I congratulate him on Legislative Assembly 6213 30 November 1993 process for all local government laws has A model local law is a law proposed by been established, as well as a process for the Minister as being very suitable for making policies designed to assist in the adoption by local governments as a local law. detailed implementation of the laws. However, There has been quite a deal of talk about this the point to be made here tonight is that each with the Pine Rivers Shire Council. They are local government will be responsible for quite comfortable with this. They are not making its own local laws; there will be minimal scared at all of some of the scare tactics that intervention by the State; and intervention will have been darting around the place. They are occur only if the Minister believes it is very comfortable and they realise that the necessary to protect the State interest. State model will be drafted on a variety of topics by interests are defined in the Bill and they are the department and will once again be defined in three different ways: an interest that published in the gazette. This Bill simplifies the in the opinion of the Governor in Council or process of making the local laws. Minister affects an economic, social or A local government can make local laws environmental interest of the State or a by resolution and at the same time repeal an region; an interest in ensuring there is an existing inconsistent law. We heard the efficient, effective and accountable system of member for Brisbane Central earlier this local government; and, last but not least, an afternoon, when speaking on this Bill, give us interest prescribed by regulation. an example of some of the ridiculous by-laws There will be three types of local that apply in Townsville. It is about time that government laws: the local laws; the model with the one swoop of the pen we get rid of all local laws about which we have heard so these by-laws and start from scratch. much scuttlebutt; and the interim local laws. Notice of the making of any model local The Bill outlines the processes necessary to laws, once again, has to be published in the make these type of laws. The normal process gazette. The interim local law is a law which for a local law will be that the local government because of its urgent nature—and this will proposing to make a local law must first advise happen, as there are always matters of the Minister and he will indicate whether any urgency for the State government and local State interests are satisfactorily dealt with authorities—the Minister and the local before the local government may then government must agree can be made using a advertise for public comment, and the local shortened process. So there is no-one holding government must give notice of the proposal a gun at anyone else’s head; it is an for at least 21 days, or a longer period as agreement between the State Government required by the Minister. During this time, and the local authority. The Bill requires the copies of the proposed local law will be local government to simply resolve to propose available for sale, and any person may make to make the interim law, and the Minister’s a submission in support of or in objection to agreement has to be sought and reasons the proposed local laws. That process has not have to be provided by the local government vastly changed from the present by-laws set as to why it considers that an interim law up. The local government must—not should be made. The proposal for this interim “shall”—consider all the submissions and law must include a sunset provision stating decide whether to amend the proposed local that it will expire six months after its law, proceed with it or abandon it. commencement. Unless it is exempted by the Minister, the I really should have commenced my local government must obtain the speech tonight with a big vote of thanks to authorisation of the Minister that any State Maurie Tucker, Geoff Baker and Bob interests have been satisfactorily dealt with Bathgate. I cannot remember all the names; before it can resolve to adopt a local law. One there are too many. I will fill the Minister in with example is in cases where no amendments the names later, but the names that do spring are proposed to a local law that was previously to mind are Maurie, Geoff and Bob. They cleared for no impact on State interests, and have gone to such a great deal of trouble. the local government could then automatically They have done a lot of work over a long proceed to adopt the local law. The local period of time, but just reading about the local government must adopt the local law by laws, it hit me really hard that with all their hard resolution and arrange for the notification of work they have come up with the most the local law in the Government Gazette. That perfect, simple solution. To me, that is what notice in the gazette will be evidence that all good government and good local government the procedural requirements for the making of is all about. The steps that have been the local laws have been complied with. proposed about the local laws that are contained in this Bill are quite simple. There is 30 November 1993 6214 Legislative Assembly nothing difficult about it; it is just good one, once again, it has to be readvertised. common sense and good government. It is no Once again, a notice has to be published in wonder that we are getting plaudits such as I the newspaper when the local law has been read into Hansard from the Local Government made. Once a local law policy commences, it Association and such as Councillor Akers and binds the council. Nothing can be done about the Pine Rivers Shire Council and quite a few it; it is tied up. other councillors around my electorate are In other words, the council must follow quite happy and quite comfortable with. the policy each time it replies and it cannot I got off the track a bit about the interim choose to act contrary to it. This Bill also model local laws. Once again, they have to be ensures that the public is given an opportunity published in the gazette—good, open, to be aware of the local laws. How often have accountable government. A circumstance we taken calls from people saying, “I didn’t where an interim local law could be proposed know about the policy.”? The public must be would be if a council wanted to protect land made aware of the local laws. The department which is being cleared—land-clearing in part of and each local government are required to its area—and if the full process to make a ensure that the public has access to a certified local law was followed, it is highly likely that copy of a local law or local law policy. Copies much of that land the council wanted are available from the local government at a protected would be cleared. I think all cost of no more than that required to cover members in Government and those in local the printing and postage. Now the council government have come across this so often. must keep a register of all its local law policies. You see something happening that should So we can have a look at the policy at no cost not be happening. By the time you try to stop to ourselves. it, it is too damned late. That is the sort of The Bill establishes the legal status of situation in which these interim local laws will local laws and the local law policies properly come into their own. made by the local government. Following its An interim local law provides for the commencement, a local law will have the force application of immediate controls for a limited of law in the local government area, and the period of time. At the end of the period, the local government will be bound by its local law council is expected to have followed the full policies. The maximum penalties that can be local law process to make an appropriate local fixed for an offence under a local law have law to control the activity in question, such as been increased. Currently, the maximum clearing of the Samford swamp years ago. For general penalty for a by-law offence is $5,000. all that time we were tearing our hair out, there For many years, the more responsible councils was nothing we could do. We were trying to thought this was a bit of a joke. It is an go through the correct procedure to stop all amount that some people are prepared to these dreadful things happening. It was too risk, because of the advantage they can gain late. by breaching the provisions of the law. As regards the making of policies to In many cases people think, “It is only assist in the detailed implementation or $5,000. Let’s break the law; that is all they can application of a local law—the Bill requires that fine us.” They are laughing all the way to the such policies can only apply if a local law bank. Now the maximum penalty under the expressly provides for them. The first step in local laws has been increased to 850 penalty the process involves the local government units, which amounts to $51,000. That should resolving to make the local law policy. The slow offenders down. They will think twice bottom line is that it is up to them. They are before breaking the law. It will be interesting to masters of their own destiny. The local see how many of them break the law now. It government must also make a proposed will no longer be possible to generally specify policy known to the public by advertising in the a maximum penalty for all offences under a paper, and it must display the notice at its local law. Each provision that attracts a public office. The public will have plenty of penalty for non-compliance will have to be opportunity to view and purchase proposed identified, along with the relevant maximum policy and make written submissions on it. penalty. It is still up to the courts to determine Once the local government has the penalty that will apply in each case. considered any written submission properly Finally, as the local government can also made to it, it may make a resolution adopting make laws on planning matters under the the proposed policy as a policy of the local Local Government (Planning and government. If the proposed policy is to be Environment) Act, the Government proposes substantially modified from the advertised to include similar provisions to those included Legislative Assembly 6215 30 November 1993 in this Bill in the Local Government (Planning councils. I think this is as much to their credit and Environment) Act of next year. This as it is to my own. Of course, from time to time makes sense, and I congratulate the one has to bite one’s lip. So mature is the Government on thinking this out. This action relationship that we are able to talk behind the will ensure that there is a common process for scenes. If there are any burrs under saddles the development and implementation of all from time to time, we talk on the telephone or local laws. As the Minister mentioned in his get together to smooth these things out so second-reading speech, one of the basic aims that there is never a public ripple in respect of of this Bill is to provide more autonomy and the relationship between local and State flexibility for local governments and to balance Government. That is excellent. this with increased accountability. It is very important that we do not have A wide general competence power and great disruption between the levels of the ability of local governments to make local Government. I say “levels of Government” laws will mean that councils will be truly able to because I am a great believer in local govern for the good of their local community. government. The maturity of local government They will enjoy much more autonomy and over the last few years is reflected in this flexibility in this area. On the issue of legislation tonight; that is, it represents the accountability—it is considered that councils coming of age of local government. It needs should be very much accountable to their local to be recognised by all levels of government communities for the decisions that they make as being a true provider of government about local matters. Everybody says—myself services to the community. So I am pleased to included—that it is the level of government be able to deal with local councils at the level that is closest to the people. But they also at which I do. have to be accountable to the people. The I would like to take up a couple of the days are gone when they could do anything comments made earlier tonight by the they liked—that is, when the winners could honourable member for Burdekin. He spoke smile and the losers could please themselves. about the cost of devolution of responsibility to The councils must now wear the local government. It is a matter about which I responsibility for such decisions. That is why it have spoken in this Parliament on a number has been decided that councils should make of occasions. It still concerns me that their own local laws and bring them into Governments, State and Federal, tend to hive operation, not the State Government. The off the difficult or dirty tasks. Very often, the responsibility rests at the local level. That is recipient of those tasks is local government. At also why the ability of the State Government the end of the day, local government is rarely to intervene in the local law process is limited provided with sufficient funds to carry on those to matters of State interest. This Bill is very responsibilities. close to my heart. I have been waiting for it to If local councils do receive sufficient funds come in for a long time. Once again, I in the first instance, over a period of years the congratulate the Minister. I express my thanks contribution tends to lose its value in real to Maurie Tucker and to the people in the terms. Thereafter, the responsibility falls on Local Government Department. I support the the ratepayers of the shire. That is Bill. unfortunate. It is something about which Mr GILMORE (Tablelands) (8.14 p.m.): I Governments ought to be very aware. The will make a brief contribution tonight to the State Government at times may feel inclined debate on the Local Government Bill. to say to local government, “You’re the level of Mr Springborg: And a good one. Government closest to the people. Therefore, it is more appropriate for you to deal with this.” Mr GILMORE: It will be a good one. I That may well be so, but the problem is that would like to begin by paying tribute to local we cannot devolve responsibility without government in my area. There are four local allowing sufficient funds to make it happen councils in my electorate—Herbert, Eacham, without imposing an unfair load on the Atherton and Mareeba. Those councils are community. particularly mature and competent. They are a pleasure to deal with, and they have made my I would like to comment on the workload life particularly easy in the inevitable of councillors. Fairly clearly in this legislation, interchange between the State Government we can see that the business of local level and the local council level. government will become more and more complex. I refer to the business of part-time Over the last six and a half years since I councillors meeting once a month and so on, left local government life, I have managed to particularly in the larger and developing keep up a very good rapport with the local 30 November 1993 6216 Legislative Assembly councils where there is a considerable amount Mr GILMORE: I am quite happy with of property development and so on. We are fewer councillors. In terms of amalgamation, quickly coming to the time when we will have of course, there are times when it might be to have a full-time chairman at least in those worth while to have more, but there are other larger councils. Possibly, in the very near times when Government tends to stick its future, we will need a smaller number of full- nose where it ought not to be stuck. time councillors rather than a large number of Much of the legislation is suitable for part-time councillors. those large and developing councils that I I say that after some considerable spoke of before. However, the red tape thought. It is very important that we associated with this Bill is not necessarily understand that, having said a couple of appropriate to those vast-area, remote-area moments ago that this is a full-blown and councils of which there are a large number mature form of Government, we have to then and which are never likely to have, for treat it that way. We must understand that, as instance, vast numbers of land or harbour the responsibility of local government developments. By the same token, those increases, it is simply beyond those people councils are still going to be stuck with the red who are working on a part-time basis to come tape that is involved in this legislation. fully to grips with legislation, the accounting Accountability is excellent, but it has practices and so on, and to be competent become something of a Holy Grail to this councillors as well. Government. This legislation says that an As members of the State Parliament, we operation cannot be run unless the people are members of Parliament 365 days a year. have all of the strings to pull and all of the Councillors, particularly in the remote areas, buttons to push. As far as I can see, there is meet once a month. Sometimes they meet very little evidence that people in those once a month and on a night during the remote area councils have ever done anything middle of the month. At the end of the year, other than the right thing. There is very little at the maximum, they have probably met for evidence of that. There may well have been in 20 days. So at the end of the first month, they the very quickly developing areas in relation to are already 10 days behind the level of dealings with property—— experience that we gain. Mr McElligott: Under this Bill they can Mr J. H. Sullivan: You’re not going to pay themselves whatever they like. suggest that the constituents of councillors Mrs Woodgate: They can set their own don’t contact them in the intervening period fees. between meetings with problems that they want the councillors to take up for them, are Mr GILMORE: I do not care about that. you? That is not what I am saying. What I am saying is that the complexity of this legislation, Mr GILMORE: If the honourable member in terms of the administration of it, is going to had been listening, he might have learnt impact very, very heavily on remote-area something. I will have to speak more slowly. councils. There is no question about that. That The point that I am making is that, while is probably the only real criticism—— councillors are dealing with the issues of council and are having to come to grips with Mrs Woodgate: You’re not in the Local budgets and so on, at the end of the month Government Association. they have only sat for a very small number of Mr GILMORE: The Local Government days. Members of this Parliament and Association, to the greater part, is focused on members of the Federal Parliament come to the large developing councils. grips with those things far more quickly. Within Mrs Woodgate: They have discussed it 12 months they have a couple of hundred with the smaller ones. days of experience at the coalface as well as in their electorate. So the level of experience Mr GILMORE: I inform the honourable grows very quickly as opposed to local member that the only criticism that I have government. As local government develops received of this legislation from councils in my into a sophisticated level of government, it is electorate is in relation to the cost of going to become more and more important for administration, and the extra red tape in terms councillors to have more assistance and of the accountability of the chief executive probably become full-time councillors. This officer. legislation provides a number of other things. If there is one thing in this legislation that A Government member interjected. I am delighted with, it is the establishment of the position of chief executive officer. For Legislative Assembly 6217 30 November 1993 many, many years, that has been a thorn in because it was clearly wrong. It was not the side of many councils. Sometimes one, necessarily against the law, but it was clearly two or three executive officers have been morally wrong for a person to have a arguing over who should be the chief Poo- pecuniary interest, to declare it, and then Bah—who should be running the council. remain rooted to his seat so that he could There now exists a clear definition of “chief hear what was being said and watch how the executive officer”. Clearly, it has been a vote was being taken. problem around the State or it would not have I am also pleased that this legislation been introduced into the legislation. I am allows for the recording of how councillors delighted with it. I think it is an excellent move. voted. That has not occurred in the past. With For the first time ever, highly ambitious people a gallery full of people, a contentious issue can read the legislation and understand where could be passed on the voices and nobody they sit within the structure. I believe that that would know how anybody voted. That has is excellent. At the end of the day there is a always been a source of concern for me. I boss who is accountable and who can actually think that if people are going to take a draw the whip, should that be necessary. position, those people must have the fortitude A number of other items need to be to stand in their places and say, “I believe this mentioned in relation to the chief executive and I will vote that way.” I am very pleased officer and red tape. They include such things that that is in the legislation. as three-year corporate plans, an annual Many of the changes that I have operational plan and, I shudder to think, a observed in the legislation are common register of the delegation of powers. That sense. With the exception of the few criticisms register of the delegation of powers is the kind of thing that one would expect in Labor that I have made, I do not think that any fair- legislation. The shire clerk, or the chief minded person would be able to say that this executive officer as he now will be called, will legislation is unworkable or unreasonable. I do have to keep a register of whom he sends to not believe that that is a sensible suggestion. I make the tea. On many occasions, it will be believe that it is fair legislation. It will probably easier for him to do the job himself—— work well with local government for many years to come. If it serves us as well as the Mr Mackenroth: Or herself. past legislation, then it will be around for a Mr GILMORE: Or herself. It will just very long time indeed. I am pleased to have become so complex. If he fails to fill out the taken the opportunity to speak to this register, then he would not be complying with legislation, to say a few things that I believe his responsibilities under the Act. That is the are important about local government, kind of nitpicking little thing that will ultimately particularly about local government in my lead people to forget or just say, “Go and do area. I trust that the legislation will live up to that.” Some time later it will come back and the expectations. bite them. It is this kind of little thing that my Mr BENNETT (Gladstone) (8.28 p.m.): officers are telling me will be a problem in the One point on which I pick up the honourable long term. Of course, they can live with it. The shire clerks have always lived within the law member for Tablelands is that a lot of local because they are probably the most governments do sit many days of the professional group of people with whom I year—some sit more than others, and some have ever dealt. sit for more days than State Parliament. Mr McElligott: Very well paid. This Local Government Bill has been some eight years in the making and has been Mr GILMORE: Of course they are well widely accepted by local government paid, and they deserve to be. They earn it. associations and councils around They are very responsible, professional Queensland. My electorate covers two council people. Of course they can deal with these areas—the Calliope Shire Council and the things, but it just makes their life that little bit Gladstone City Council. A recent article of the more difficult. Gladstone Observer stated— The member for Kurwongbah referred to “Gladstone Mayor Col Brown said he pecuniary interests, and I agree with her believed the new Act was a step forward wholeheartedly. In terms of a person actually in the right direction with a lot of good leaving the room once that person has points in its favour. declared a pecuniary interest—I personally have sat in council meetings where councillors ‘The 1992-93 version of the Act is refuse to leave the meeting. On each of the occasions that it happened, I was horrified 30 November 1993 6218 Legislative Assembly

what local government should be about $10,000 and $100,000, a local government and there is a lot more responsibility on must invite written quotations from at least local government.’ ” three persons whom it thinks can meet its In the same article, the chairperson of the requirements at competitive prices. For Calliope Shire said— contracts under $10,000, it is expected that councils will adopt policies with which their “There will be more flexibility for purchasing staff have to comply. Such policies council to operate as a financial would have to lay out procedures that take enterprise with stricter accountability.” into account the five principles that I have There is a lot of support for this Bill from mentioned already. councillors. The Bill also makes provision for a local Tonight, I will focus on the area of government to enter into a contract without contracts. The contracting and tendering calling for tenders or quotations if it resolves provisions contained in the Bill bring local that only one supplier exists, for example, for governments into line with the procedures spare parts for computers; if it resolves that a used by the State. Councils will have genuine urgency exists, such as repairs to a considerably more flexibility under the new flood-damaged bridge, or roads that present a provisions but will, at the same time, be more danger to the community; if it resolves to accountable. obtain second-hand goods; if it resolves to Contracting in local government has not purchase goods at auctions; if the contract is met public expectations of openness and made under an exemption to open integrity in decision making. The Criminal competition in the Local Government Finance Justice Commission has documented Standards—these exemptions are expected examples of how purchasing practices in local to be the same as those under the State government have been inadequate and have Purchasing Policy, such as contracting with created the opportunity for misconduct. suppliers listed on a register of pre-qualified suppliers and contracting with suppliers The provisions in this Bill go a holding relevant quality assistance considerable way towards addressing the certification; or if the contract is made with issues identified by the CJC. The adoption of another council, a State or Australian new management practices consistent with Government, or an entity of a State or the requirements of the Bill will help to restore Australian Government. public confidence in contracting in local government; it will be fair, and it will deliver Provision is also made to enter into value for money. In entering into any contract contracts for services, such as legal services, for work, goods or services a local government without inviting tenders or quotations—and we will have to have regard to the following all know that it is a bit difficult to go around to principles: open and effective competition; solicitors and barristers asking them for value for money; enhancement of the quotations for cases that may be protracted; if capabilities of local business and industry; the contract is made with a person drawn from environmental protection; ethical behaviour; a panel of suitable providers; or if the council and fair dealing. A local government can enter resolves that the services to be supplied are of into a contract under its seal, or through its such a specialised or confidential nature that it delegate. A delegation can be to the mayor, a would be disadvantaged by calling for tenders standing committee, the chairperson of a or quotations. I think that that allows for standing committee, or the chief executive flexibility in the contract arrangements. officer. However, a delegate may only enter A local government compiles a list of into a contract on the council’s behalf if suitable providers by calling for expressions of provision for the cost of the contract has been interest using the same procedures as those made in the council’s budget, or if entering for calling tenders. It must also select suitable into the contract is necessary because of providers for its panel according to the genuine emergency or hardship. principles that have to be followed. The Bill A local government must call tenders also contains provisions which give local before signing a contract involving a cost of government increased flexibility by allowing it more than $100,000, or a greater amount that to request all persons who have submitted a can be set by regulation. Tenders must be tender to change their tenders based on a called by an advertisement in a newspaper change to tender specifications—this is very circulating generally in the council’s area. At useful when no initial tender complies exactly least 21 days must be allowed for tenderers to with the original specification—and allowing respond. For contracts costing between the local government to invite expressions of interest before inviting tenders, provided it Legislative Assembly 6219 30 November 1993 resolves that this would be in the public wages of an amount of not interest. The council must record its reasons more than 2 penalty units; for taking this step, with the expressions of or interest being called for in the same way as (d) a written reprimand. tenders are called for. After expressions of interest have been received, a council can (2) Not later than 2 years after a local prepare a short list and invite only tenders government takes disciplinary action from those persons on the short list. These against an employee, it must destroy any powers will be particularly useful to councils if record it has of the disciplinary action they want to, for example, build a cultural taken.” centre or a community centre, where there One area about which some concern may be several alternative ways to approach was expressed to me was the deduction from the design and construction of the centre. By salary or wages of an amount of not more first calling for expressions of interest and then than two penalty units. Many people believe short listing, the council can evaluate different that an employer should not be able to fine an approaches before formally calling for tenders. employee. I personally agree with that. When deciding to accept a tender or However, the Government did liaise with the quotation, a local government is not bound to unions about this matter. In a letter to the accept the cheapest tender or quote, but Minister, Ray Selby, of the Australian Services must accept the tender or quote considered Union, stated— most advantageous to it, because the “We wish to comment in relation to cheapest quote or tender is not always the the provision in the draft Bill for best. I can cite an example in Gladstone graduation of penalties, in particular where the Matthew Flinders Bridge was built about paragraph 6.22 of Part recently to give access to the marina using the 2—Discipline. The union sees merit in the cheapest tender. The project turned out to be provision of four disciplinary options, a long, protracted process as the contractor namely dismissal or demotion of a fine of could not meet its obligations for the not more than two penalty units or hydraulics system on the bridge. Having reprimand. regard to the principles mentioned previously, Historically, Councils have had a local government can also choose not to recourse only to two of these accept any tender or quotes. provisions—dismissal and reprimand. This When a local government wants to has meant that on numerous occasions dispose of any land or goods valued at more employees who have been guilty of than $1,000, it must either auction the land or misdemeanours or poor performance goods, or invite tenders. The requirement to have had to suffer the ultimate penalty of hold an auction or call for tenders does not dismissal simply because there has been apply to the following: disposal to another no other alternative that the employer local government, any Australian Government, could implement. Government entity or community organisation; Our acceptance of the new concept land which, after disposal, would not be as outlined in the Bill is reinforced by the rateable, such as land sold to churches in corresponding appeal provisions of circumstances exempted by the Minister; land Division 2. or goods previously offered for sale but not sold; and disposal exempted by regulation. We can appreciate that some people may believe that employers should not I would like to refer to some of the have the ability to fine employees but, concerns outlined in the disciplinary action from the union point of view, we find such section of the Bill. Clause 721 of the Bill penalty far superior to dismissal and we identifies types of disciplinary action. The again reiterate that the union has no clause states— objections to the contents of Part “(1) Disciplinary action against an 2—Discipline, as outlined in the draft Bill.” employee of a local government may The Australian Workers Union has been be— consulted, and it has indicated that, under its (a) dismissal; or award, it has provisions for grievance (b) demotion; or procedures. So that part of the Bill would not apply until all grievance procedures under the (c) a deduction from salary or current award are exhausted. Under those circumstances, I will agree with the penalty provisions contained in the legislation, even 30 November 1993 6220 Legislative Assembly though, in principle, I do not agree with As the Minister and the member for employers fining employees. Bundaberg would both be well aware, the I would like to congratulate all of the proposal caused considerable heartburn and officers of the Department of Housing, Local trauma for the people who live in the area. Government and Planning and the Local Protest meetings and letters objecting to the Government Association who have been proposal left no doubt about the very strong deeply involved with this Bill over the past feeling of the people who would be affected, eight years. I also congratulate the members particularly those who live in my electorate. of the ASU and the AWU for their input into Those people wanted the status quo to the Bill. I support the Minister in remain because the shires are viable, operate recommending the Bill to the House. efficiently and have the support of ratepayers. Under those circumstances, there did not Mr SLACK (Burnett) (8.39 p.m.): It is with need to be any change. There is also no pleasure that I join in this debate and support doubt that the City of Bundaberg is pushing the Opposition spokesperson in supporting for change and that the Bundaberg City the Bill. I join with other speakers in Council wants to extend its boundaries to take commending councillors throughout the State in areas that are situated on the outskirts of for the work that they carry out within the the city. That is natural enough, but the fact sphere of local government. I also commend remains that the taking in of those areas by the staff of those shire councils and city the Bundaberg City Council would cause councils throughout the State for the work that problems for the other shires that surround the they carry out. I support the remarks of the city. member for Tablelands when he spoke of the Essentially, two arguments were community spirit of those councillors and the advanced: one was that there was an genuine feelings that they have for the unhappy relationship in respect of the sharing communities within their areas. Those of services, particularly in the Woongarra area, councillors often give time and effort without and the other was that because people in the monetary recompense. In many instances, shires surrounding Bundaberg were not that time and effort is at the expense of their included in the Bundaberg statistical division, own businesses. They are a very important Bundaberg’s image in promotion and public part of the Government structure of this State. relations exercises and in encouraging people As we all know, shire councils and city to visit Bundaberg was downgraded because councils are the third tier of government and, the figures were not high enough. I feel that as has been acknowledged by all speakers both problems could be overcome, bearing in tonight, it is a very important tier. I represent mind that the three established councils have the Burnett electorate, which currently been operating efficiently and effectively and contains six shire councils. My electorate takes have enjoyed the support of their ratepayers. I in a very small portion of the City of have no objection—and I believe that no Bundaberg. I am pleased that the member for member of Parliament would object—to Bundaberg is presently in the Chamber, proposals to amalgamate shires when the because my electorate has faced people who live in the shires agree, but when considerable trauma with respect to the people do not agree and a shire is very proposed amalgamation of councils. I believe strongly against amalgamation, then I do not that no other area in Queensland has think it should proceed. experienced more trauma in respect of the I understand that one of the Government issue of amalgamations than the area I members on the Parliamentary Committee for represent, and the Minister would be well Electoral and Administrative Review actually aware of it. The Electoral and Administrative said that she did not support forced Review Commission investigated the amalgamations, but that is what is developing boundaries of the Bundaberg City Council, the in the Burnett area. As the Minister would be Woongarra Shire and the Gooburrum Shire well aware, the latest proposal means that the and, to a lesser extent, the Isis Shire. The Gooburrum Shire will lose part of its area as original recommendation was that parts of the well as its ratepayers who live in areas Woongarra and Gooburrum Shires would be adjoining the Bundaberg City Council. The rest amalgamated with the Bundaberg City of the shire, as proposed by the Local Council, which would increase the area of the Government Commissioner, Mr Hoffman, Bundaberg City Council and which would, in would be amalgamated with the Woongarra turn, decrease the area of the Woongarra Shire and would, in effect, form a new shire Shire and the Gooburrum Shire. known as the Burnett shire. Instead of my electorate containing six shires as it currently Legislative Assembly 6221 30 November 1993 does, under that proposal it would contain five that if he recommended the retention of the shires. status quo, there would have been a huge The important point is that very, very outcry from the people of Bundaberg—which, genuine resentment has been expressed by no doubt, would have been supported by the the people of the Gooburrum Shire in respect member for Bundaberg. of the proposed forced amalgamation. There Mr Campbell: Definitely. can be no ifs, buts or maybes about the fact Mr SLACK: That is right. The smaller of that the proposal or recommendation would the two shires—which still had 7 000 people, result in a forced amalgamation. The people incidentally—was eliminated by Mr Hoffman’s say that their shire has been in existence for proposal. Naturally, the people who live in that 107 years and that, at the very least, they are shire feel that they have been very unfairly entitled to a referendum to determine their treated. The recommendation came without shire’s future but, unfortunately, no warning. They had been trying to cooperate referendum has been forthcoming. The but, suddenly, the shire was going to be situation is even more difficult for those people eliminated. Naturally, those people are because the original EARC proposal did not seeking the Minister’s assistance. recommend that their shire be eliminated. The proposal was that some of the Gooburrum Mr Mackenroth: They can come and see Shire and some of the Woongarra Shire would me tomorrow. be taken in by the Bundaberg City Council, Mr SLACK: That is good. They are and the Gooburrum and Woongarra Shires hoping to see the Minister, the Premier, and would then remain as separate entities. The anybody else who will listen to their story. Parliamentary Committee for Electoral and There is no doubt that if the Local Administrative Review made a similar Government Commissioner’s recommendation recommendation and, at that stage, the Shire goes ahead, the shire will be eliminated on of Gooburrum would have been able to the basis of a forced amalgamation. If the continue to exist. Minister has any feeling for democracy and At a later stage, the Government any feeling for the desires and wishes that appointed Mr Greg Hoffman as the Local have been expressed by the people who live Government Commissioner and required him in the Gooburrum Shire, he will receive a to look into the matter of local government deputation, listen attentively to the arguments, boundaries. As the Minister and the member consider the arguments and, for the sake of for Bundaberg would appreciate, there was a those people, accept the arguments. In the large outcry against areas being taken from present circumstances, I do not believe that the Woongarra Shire, in particular. Throughout allowing the status quo to remain would cause the whole process, the Gooburrum Shire has major detriment to the area, especially basically been compliant and accepted that considering the outcry against the some areas of the shire could be taken in by recommendation. the Bundaberg City Council boundary and Mr Campbell: Come on! Let’s recognise could be well serviced. While the Gooburrum Bundaberg for its proper size. It is a city of 40 Shire did not want to lose those areas, it was 000 people. felt that the shire could continue to be a viable Mr SLACK: Let us be fair. I point out to separate entity without them, and it was the member for Bundaberg that there is no decided that the shire would cooperate with reason why the City of Bundaberg cannot EARC and the Parliamentary Committee for share its amenities and services in Electoral and Administrative Review. cooperation with the two adjoining shires. However—shock, horror—the Local Government Commissioner produced his final Mr Campbell: And we would pay for the report and virtually recommended the lot. elimination of the Gooburrum Shire. I might Mr SLACK: There is no reason why that add that this decision would have been the city and those adjoining shires cannot also easier of the two options for Greg Hoffman. I combine their population figures when the am not laying blame at his feet because, as district is being promoted in other areas. the Local Government Commissioner, he was Naturally, the member for Bundaberg will placed in a very difficult position. The speak in support of the City of Bundaberg but, circumstances were that a huge outcry had by the same token, it must be acknowledged arisen from the people in the Woongarra Shire that the cooperative strategy I am suggesting against the EARC and Parliamentary is already in operation in areas near Brisbane. Committee for Electoral and Administrative For example, Logan City is really a Review proposals, and he would have known combination of small areas that has become a 30 November 1993 6222 Legislative Assembly metropolis. The Gooburrum Shire and the The Minister has the discretion to say “yes” or Woongarra Shire have been operating “no”. He has the power to accept the efficiently and nobody can say that they have legitimate argument being advanced by those not. The shires are established and their work people. It will be interesting to learn the forces are established. If the Government Minister’s response. Is it a waste of time for wipes out one of the shires, it will create those people to see the Minister tomorrow? enormous trauma for people who feel that Mr Mackenroth: It’s never a waste of their jobs and future security are under threat. time to see me. All those types of problems can be avoided. Mr SLACK: I am pleased to hear that. No Mrs Bird: What about all the positives? doubt, the Minister will listen to their argument. Mr SLACK: All right. I will agree that there My electorate contains the Perry Shire, is nothing wrong with the proposal provided which has only 300 voters. That council is that, upon conclusion of all the investigations, operating effectively and efficiently. Is it the people concerned know what is being necessary to amalgamate shires for the sake proposed and have accepted the of amalgamation or to fulfil some future recommendations made by EARC, the growth program? Parliamentary Committee for Electoral and Administrative Review and the Local Mr Mackenroth: Do you want me to have Government Commissioner. a look at that, too? Do you want me to have a look at Perry? Mrs Woodgate: In the redistribution before the last State election, half the people I Mr SLACK: I am not suggesting that. I lost didn’t agree with it either. They wanted to am just saying that, if the argument held that keep me. a community exists, there is no doubt that Gooburrum is a community. It has been Mr SLACK: But the member is not talking established for a long time. The councillors about a local community. The local community serving that shire take their job seriously. The to which I have been referring has voiced very ratepayers recognise that the councillors do strong opposition to the proposal and, to a the job effectively. The ratepayers recognise person, the people who live in the area feel that they are receiving the best value for that the shire is being eliminated. The Local money from that shire council. Government Commissioner’s proposal is that the two shires will amalgamate because they Mr McElligott: Tell me about these have similar interests. To a degree, that is referendums. Who would vote in the correct, but there is a major barrier that is not referendum? appreciated by members opposite. The major Mr SLACK: The member for Thuringowa barrier is that, to communicate, the people cannot tell me that, because the City of have to go through the City of Bundaberg. Bundaberg separates those two shires, a They are separated by the City of Bundaberg. community of interest is being served. For A Government member interjected. instance, machinery has to be taken from one side to work on the other side. I just cannot Mr SLACK: I am speaking to the Bill. A accept that argument. referendum should be conducted when an amalgamation is proposed. In this case, the I conclude by reiterating that, if the Government intends to force an Government believes in democracy, the very amalgamation. I am in to bat for the people of least that it can do is conduct a referendum to Gooburrum. They have a legitimate argument. determine whether the people will agree to They feel that they have been treated unfairly. amalgamation. They are aware of all the If that scenario had applied to the people of issues. Many people have looked at the Woongarra, I would have been in to bat for viability of amalgamation, and the figures them, too. Those people are entitled to have have been produced. The people know their views heard. Are Government members exactly what they are facing. To avoid a forced saying that they do not believe in democracy amalgamation, that is the very least that the for those communities? Minister can do. In fairness to those people and to ensure that they are not One could advance the same argument disadvantaged, it would be better if the with the Kolan Shire. It is a much smaller Minister were to decree that the status quo shire. Perhaps it should amalgamate with the remain and then examine a better way to Gooburrum Shire. If the Government could share the provision of essential services. advance major cost savings to overcome the trauma that will occur, I would be prepared to Mr BREDHAUER (Cook) (8.54 p.m.): I listen. However, it has not been able to do so. want to talk briefly to this Bill. During this debate, I have noticed that a game of one- Legislative Assembly 6223 30 November 1993 upmanship has been played, as one member called chairpersons, presidents or whatever. after another has talked about the number of That was a bit of a surprise to me. I think that local authorities in his or her electorate. Some this is a good solution. I support the members are obviously lamenting the fact that description of the chief elected person of a soon their electorates will contain fewer local local authority as “mayor”. I can assure a authorities than they currently do. I have a number of the soon-to-be mayors in my very interesting electorate in terms of the local electorate—— governing structures. Although they are not all Mrs Woodgate interjected. local authorities in the context of this Act, the Act does apply to 34 local governing Mr BREDHAUER: Yes, we will not be structures in the Cook electorate. Eight of referring to them as old grey mares. them are local authorities; 17 are Torres Strait I want to refer briefly to the Local Island councils; and nine are Aboriginal Government Commissioner and reviewable councils, all of which are influenced to some local government matters. That seems to extent. As members can imagine, the last have been the topic on which the previous Saturday in March is a fairly busy day in the member loosely based his contribution to this Cook electorate as elections are being held. debate. I think it is a logical step to have a Although we are not planning amalgamations Local Government Commissioner appointed of any of those councils, it would be a who can undertake inquiries into local nightmare to think of the referendums that government matters at arm’s length from the would have to be held. Government. That important principle has Mr Pearce: Do you read all their been embodied in this legislation. Recently, I minutes? had the opportunity to sit next to Greg Hoffman on a flight from Cairns to Brisbane. I Mr BREDHAUER: I peruse a number of had a very interesting couple of hours talking the minutes of the councils in my electorate, with him about his work on these matters over but I cannot claim to read them all. the past 12 months. I think that he has been I turn briefly to some of the provisions of an ideal person to fulfil that role in the first this Bill. It is a very comprehensive Bill, and instance. His contacts in local government are generally the local governing structures in my probably second to none outside of the electorate support it strongly. I do not think division of local government in the Minister’s that any person associated with local department. I think that he has undertaken government in my electorate has expressed the job with the fairness and impartiality that opposition to the Bill or to any particular part of would be expected of him. it. That is not to say that there are not some It is a little disappointing that some of the who do oppose it; but no-one to whom I have people who are members of local authorities spoken since the Bill has been circulated has and who, not long ago, would have described expressed that view. Most have expressed the Greg Hoffman as a friend have not been quite view that it has been a long time in the so friendly to him since he has been in that gestation stage, and they have been looking role. I think he takes that as par for the forward to this time. I want to refer briefly to course. I would like to think that, with the certain issues in the order in which they passing of this milestone legislation in local appear in the Bill. government history in Queensland, people I turn first to the change in terminology to would put aside some of their parochial describe the elected representatives as interests and perhaps look at some of the mayors and councillors. I think that is a other issues in relation to local government on sensible solution to what some people which local authorities themselves could perceived as a major problem. I was rather initiate reviews in the context of this Act. amused and somewhat amazed at the However, human nature being what it is, I am amount of attention—media and not particularly confident that that will occur. I otherwise—that was given to the issue of the would like to think—I guess with a degree of terminology for elected representatives of local optimism—that some issues that have authorities. I think that people became a bit become immutable in local government circles too bogged down with it. I attended a north could be reviewed at the initiation of local Queensland local government conference in authorities themselves. Cooktown at which, after the Minister delivered The section on the intervention by the a major speech about this Bill, draft model by- State—Part 2 of Chapter 3—is important. laws and a range of other matters, the first Whatever the political complexion of the State question that he was asked was whether or Government of the day, there are times when not local authority representatives would be it is necessary to intervene in the operations of 30 November 1993 6224 Legislative Assembly local authorities. Although the Bill recognises the elected officials in local governments. I do the importance of local government as an not think that it is a particularly onerous task independent tier of government, there are that must be undertaken by the elected times when either local authorities, business officials. I wholeheartedly support that that groups or members of the community want register of interests be maintained. It is high the State Government to intervene. The time that the integrity of local government was provision that has been incorporated in the seen to be impeccable by a register of such legislation clearly enunciates the manner and interests being available. Later, I will turn to the terms and conditions under which the the register of interests for council employees. State can intervene. I, for one, think that is a The next aspect about which I want to very positive step. talk briefly is that of rates and charges under I do not want to talk too much about the Chapter 10, which refers to rateable land. One Local Government Grants Commission. In my clause indicates that rateable land includes all electorate, a lot of concern has been land other than certain categories of land. expressed about it. The eight local authorities One of the categories of land that are that I mentioned and the Aboriginal and exempted as rateable land is Aboriginal land Islander Councils benefit from the Local under the Aboriginal Land Act 1991 or Torres Government Grants Commission. The eight Strait Islander land under the Torres Strait local authorities are generally small, rurally Islander Land Act 1991 other than land used based shires with low rate bases and they rely for commercial or residential purposes. fairly heavily on decisions of the Local Although I acknowledge that that is an Government Grants Commission. In the past, important provision for incorporation in the Bill, a lot of concern was expressed about the I draw to the attention of the Minister and the basis on which resources were allocated. I House the fact that a couple of councils in my notice a clause in the Bill that refers to the electorate—the Cook and Torres Shire commission’s making recommendations to the Councils—could have a substantial reduction Minister about the way in which the State is in their already-limited rate base if the land entitled to receive money from the claim process in their respective shires Commonwealth under the Local Government determines that certain land should be (Financial Assistance) Act 1986. Aboriginal land or Torres Strait Islander land. We need to be vigilant about the implications A review of the ground rules for the on the rate bases of those two quite small distribution of those resources is under way. shires. The only comment that I want to make is that most councils, for one reason or another, will With respect to the obligations of local argue that a change should be made to those government employees, I said that I would turn to the register of interests for employees ground rules. If more money is not available to of local government. To be frank, I could not distribute and if the ground rules are changed understand what the member for Tablelands for the distribution of the existing pool of was babbling on about when he referred to Grants Commission resources, there will be the incredibly onerous workload that the winners and losers. That will be an unwinnable Government would impose on local argument for many local authorities and it will government employees. The Bill states that be an unwinnable argument for us as a the mayor of the local government must keep Parliament. a register of interests of the chief executive Mr Mackenroth: Or the Federal officer and that the chief executive offer must Government. They’ll make the changes. keep a register of interests of each senior Mr BREDHAUER: I am conscious of the executive officer and a register of interests of fact that the Federal Government is making other employees of the local government the changes. However, the issue is that, decided by the local government. unless more money is available to distribute, if I do not know whether the member for the formula by which grants are made is Tablelands thinks that the dog catcher and changed, there will be winners and losers and the road workers must fill in a pecuniary you can bet your bottom dollar that the losers interests register, but I can assure him that will not be happy about it. That will be a that is not the intention of the legislation and I difficult time for us, for the Federal am sure that that will not be the case. I fill in Government and for local government. the pecuniary interests register in this place, as is required appropriately by the Parliament. I turn to the register of interests of local In the first instance, it takes a few minutes to government. It is a very important initiative to put all of the information together—not that ensure that a register of interests is kept for Legislative Assembly 6225 30 November 1993 my assets are great. Subsequently, updating that time, Etheridge and Croydon were having it takes next to no time. particular problems with their water supply. We Mrs Woodgate: It took Bob Katter six were able to be of direct benefit, particularly to months to remember to do it. the Etheridge Shire in relation to a problem that it was having with the water supply at Mr BREDHAUER: Yes, but one must Forsayth. make special allowances for the former member for Flinders who has difficulties in Mr Mackenroth: Getting the tractor out. matters that others find simple. The workload Mr BREDHAUER: Not the bogged tractor. is not onerous on either the people who must That was not the problem to which I was compile a register of their own interests or, referring. It was the fact that the dam needed alternatively, on the people who must keep some work. Thanks to the efforts of the the register of those interests. As the register Minister for Local Government and the of interests of employees is not open to public Minister for Primary Industries, we were able to scrutiny, I do not see any major drama with it. provide some urgent financial assistance to I, for one, welcome once again the allow that council to take measures to remedy opportunity to ensure that, by mechanisms its problems with the water supply in the such as that, the processes of local longer term. Now that we have upgraded the government are not only just but also seen to dam, we still need sufficient rain to fill it. be just. I hear many criticisms levelled at However, as I say, the local authorities that officers of local authorities and I hear the Minister has visited have very much imputations and suggestions that they are appreciated his efforts. doing things for nefarious or improper motives. The North Queensland Local I do not believe a fraction of the complaints Government Association conference that I that are made to me in that respect. referred to previously was held in Cooktown. Mr Ardill interjected. While the Minister was attending the North Mr BREDHAUER: I do not doubt that, as Queensland Local Government Association the member for Archerfield says, sometimes council meeting, he took the opportunity to they are. It is important that mechanisms such open the weir for the Cooktown water supply. I as that are in place so that the processes are can assure this Minister that these councils not only just but also seen to be just. that are in remote areas appreciate a Minister who is prepared to get out of his office in The member for Tablelands talked about Brisbane and go and visit them, a Minister red tape. I could not think of anything that who tries to understand some of the issues as could help to clear up red tape more than an the people in those areas experience them. Act which, under clause 802, repeals the So I thank the Minister and his staff for their Local Government Act 1936 and 73 support—Libby and Robyn, particularly, who amendment Acts, and, under another clause, have been very helpful in organising those repeals a further 20 Acts. It is that type of couple of trips and in a range of other areas. I tidying-up legislation that makes major Bills also thank the people from the local such as this most important, and it makes government division who have helped to put legislation much easier to deal with, both for this comprehensive Bill together. members of the Government and for members of the local authorities. With those Mr JOHNSON (Gregory) (9.11 p.m.): comments about specific aspects of the Bill to Local government is probably the most which I wanted to draw the attention of the important facet of government in the nation House, I return to the fact that I have heard today. I would go as far as saying that, to the no criticisms of the Bill from elected people of Queensland, local government is representatives of local authorities in my absolutely sacred. I pay tribute to the men electorate. The Bill has been well received. and women who for generations have upheld the ideals of their local councils and provided I conclude by thanking the Minister for the communities with leadership, direction and the time that he has taken since he has been quality of life for the citizens who live in those the Minister for Housing, Local Government regions. A lot of these people have provided a and Planning to visit some of the smaller and service to their communities under very trying more remote shires in my electorate. In the conditions and circumstances. They have also past 12 months, he has visited all of the shires made sacrifices that have been to their own in my electorate. When we made a recent trip disadvantage. I believe that we should through the gulf area, we visited the recognise these people and the endeavours Etheridge, Croydon and Carpentaria Shires. they have made to try to provide a quality of People in each of those shires appreciated life to the people whom they represent. Local the efforts that the Minister made to attend. At 30 November 1993 6226 Legislative Assembly governments have provided these remote a year and keep the towns tidy and clean by areas with roads, public amenities such as carting away rubbish—in the old times when recreation areas, libraries, halls, sporting night carts were in use—but today local complexes, caravan parks in some places, authorities play a more responsible role in the and numerous other facilities. communities that they represent. They are Whether it be local government or any there not only to look after and administer the other form of Government, it is paramount finances and the welfare of the people who that flexibility be a part of the policy of those live within those communities, but they are instrumentalities, so they can execute the by- there to help create industry, which therefore laws or whatever their charter may be. I am fosters employment to keep the people in the pleased that this legislation will have the districts that they know and love. The flexibility to allow respective local authorities to preservation of the societies that we live in is address their own positions as they arise. It is absolutely paramount in this modern day and absolutely paramount that this point be age. addressed, because every local authority is I believe that the role of local different. governments is one of high priority. Recently, I will speak briefly about the 12 local we witnessed the role that local governments authorities the electorate of Gregory played in the submissions that many of their encompasses. I believe that they are different shire clerks, their councillors and members of from many of the other local authorities in the their communities submitted in fighting for the State. We just heard the member for Cook retention of the railway services to western mention some of the local authorities in his Queensland, northern Queensland and other electorate. I believe there is a certain amount parts of Queensland in general. I believe that of relativity there to what I want to say. I it was the forthrightness of these believe every member of Parliament and councillors—and I name people such as Eric every person in this State strives for a quality Lenton at Winton, Fred Rich at Blackall, John of life. It is absolutely paramount that local Parkinson at Isisford and John Murray at government be left to exercise its duty. When Quilpie. There were numerous others. It was I say “provide a quality of life”, I am talking not the vision of these people and their guts and only about the ratepayers of a shire but also tenacity that was instrumental in the the citizens in general and the tourists who Government reversing its decision. All visit those places. honourable members have seen the revelations of that task force findings and the In the four years since the Goss socialist positiveness of those decisions. I congratulate Government came to power, we have seen those people and the people in those areas EARC come to life in Queensland. We have who fought so hard to keep those rail services. also witnessed very closely nearly having amalgamations and forced amalgamations of At the same time, these people are going local authority boundaries. I am pleased that to be subjected in the near future to in my region we did not see those forced something that is totally unfair. I know that amalgamations come into being. If we did some Government members are in total have those amalgamations in those local support of the registration of pecuniary areas in those western remote shires—and interests. The member for Cook referred to please God we hope never to see it that subject. The registration of pecuniary eventuate—we would have seen the interests will bring about a lesser quality shire fragmentation of society. The whole of that council in the future. region would have virtually Mr Bredhauer: Oh, rubbish! disintegrated—become a dot on the map. Mr JOHNSON: It is not rubbish at all. Thank God that has not happened. We would There are a lot of responsible people in local have seen real estate values fall and government in this State today—very able communities fade away. We would have seen men and women who provide their services to essential services leave those regions. This is local government. These people deserve to something that this legislation can address. It be able to live in their own local communities will let those local authorities in those and uphold in privacy what they believe is respective areas to take control of their own rightfully theirs. They should be able to destiny. maintain their privacy and, at the same time, Today, local authorities have a bigger provide a service to their communities. Why responsibility to society than they did in years should every Tom, Dick and Harry know the gone by. I remember the days when local private affairs of their local shire chairman or authorities used to grade a road once or twice their local councillor? This is a total invasion of Legislative Assembly 6227 30 November 1993 privacy. It is a different situation if the the maintenance of roads within the Bauhinia Queensland Parliament wants to have a Shire that service national parks. This is a big pecuniary interests register or if the Federal imposition on already overtaxed shire Parliament wants to adopt that procedure. I resources, and the shire cannot maintain its believe that is totally different. roads. It is unfortunate that this year the I remember when I was a member of the Government, in its Environment and Heritage Quilpie Shire Council some years ago. If there funding, cut that funding completely. was an issue relevant to a member being I also wish to make mention of the discussed while that person was sitting at the Diamantina Shire. With the purchase of the table, he excused himself from the room so Diamantina Lakes property recently, that shire that there would be no conflict of interest. The has now lost 10 per cent of its rate base. Government has got it wrong. We are going to When we take 10 per cent of the rate base crucify a lot of rural and remote councils by out of a shire such as Diamantina, we not only proceeding with that policy. It is not draconian, take away 10 per cent of the rate base but we but it is something that is totally beyond all also take away 10 per cent to 12 per cent of realistic beliefs of the modern-day thinking the productivity of that shire, which in real person. I do not condone the registration of terms has value-added benefits for the pecuniary interest at all. economy of Queensland and for the economy I also wish to address briefly the issue of of this nation as a whole. This is something workers’ compensation for elected members that has been overlooked by this Government and its non-existence in this Bill. I ask: why? I for a long while now. I urge all members of this urge the Minister to address this very House to bear in mind the sacrifices of those important issue. Councillors and local people living and working within those shires, authorities in the State today do not just meet and that the problems that they are once a month; they meet sometimes three confronted with from time to time be and four times a month. I believe that a lot of recognised. these people are subjected to a lot of costs I wish to address the issue of the title of that they would not be subjected to normally. “mayor”. What a ridiculous situation this is. The They are trying to provide a service to the changing of the title from “shire chairman” to communities in which they live and to the “mayor” is something that I cannot believe is communities for which they care so much. happening. Change for the sake of change is A lot of these people go to the annual not healthy. I say to the people of this State: State conferences. They travel many miles why can we not leave it as it is? Many ladies and are not reimbursed for their expenses. It act in the role of shire chairman and are is a sacrifice they make, and it is virtually a happy—and I have spoken with them—with donation of their time and effort to the the title of “shire chairman”. communities for which they care so much. I I heard the member for Burdekin earlier believe that we should be addressing this this evening refer to the Shire of Diamantina. I further as we go along. do not know how David Brook would feel What assistance will the Government give about being called Mayor Brook. He to the smaller shires by way of funding? I am represents only about 200 people in an area greatly concerned about this, and I will of some—— address it when the transport legislation Mrs Edmond: He’d prefer that to comes before the Parliament. It is absolutely “chairwoman”. paramount that funding be forthcoming for the Mr JOHNSON: I have not spoken to him low rate base shires. There should be a about it, but I can assure the honourable unique register of shires which are able to member that I will. Whether we are becoming receive emergent funding in certain situations. Americanised or not, I do not know. It was A shire such as Diamantina comes to mind, as healthy the way it was. Everybody understood does Boulia. The member for Cook mentioned it the way it was. But we have to have change the shires in his electorate. It is paramount and more change. that funding is forthcoming for these shires, whether it be from Federal or State sources. I wish to discuss whether or not this Government’s intentions are to downgrade the I also want to address the issue of classification of main roads in rural and remote national parks not paying rates to local Queensland. This is something that is hard on authorities. This has damaged a lot of shires the lips of local authorities throughout the such as the Bauhinia Shire. I have already length and breadth of this State. I will remind made a representation to the Minister for this Government and the people of this House Environment and Heritage to seek funding for that the people of those communities will not 30 November 1993 6228 Legislative Assembly accept that change. They are hard pressed honourable member said earlier tonight. now to make their dollars spread sufficiently to Having come from and industrial relations cover the costs of running their background, I know only too well how poorly community—whether it be money spent on some councils in this State have performed in sewerage, roads or whatever. It will not be their treatment of staff, often long serving and tolerated. I urge the Minister for Local loyal staff, over many years. Government or any other Minister in the Clause 704 of the Bill requires local Cabinet to ensure that this does not become governments to comply with a number of a reality. principles in their personnel practices. Local Mr ROBERTSON (Sunnybank) governments must now adopt practices for (9.26 p.m.): The introduction of the Local appointing persons to positions that are Government Bill into Parliament heralds the directed towards ensuring the proper beginning of a new era for the Queensland assessment of merit of each applicant. local government system. The provisions Employees are to be treated fairly and contained in this Bill reflect the increased equitably without resort to arbitrary action and expectations of the community on how local irrelevant personnel preference or coercion. governments should perform and the roles Employees are also to be given, as far as and responsibilities that they should accept. practical, effective education, training and People now expect councils to play a much development directed to better organisational greater role in environmental issues and the and individual performance. Equal social and economic aspects of community employment opportunity will now be a future life. The community expects higher standards of local government regulations. of performance and behaviour from both councillors and local government staff. The Bill also contains significant and detailed provisions relating to the disciplinary Local government itself is now big actions that may be taken against employees. business. Councils need to be much more This is what is significant in terms of the efficient and effective and more flexible in comments of the member for Mooloolah taking advantage of the opportunities that earlier today. The provisions go towards present themselves. Whilst roads, rates and putting local government on an equal footing rubbish are still crucial functions of local with State and Federal Government government, there is a demand by the employees in relation to the fair and unbiased community for local council to take a whole-of- hearing and determination of appeals against community approach to its business. disciplinary actions that may have been taken This new Local Government Bill opens against any council employee. the door for these things to be achieved by The Bill widens the actions that can be introducing a broad range of management taken against an employee who may have and operating standards and practices for engaged in misconduct or who may have local governments in Queensland. For been incompetent or negligent. example, the Bill requires councils to adopt Previously—and this is what is significant— corporate planning, equity in employment, dismissal was the only remedy available to a annual reporting, accrual accounting, local council against such an employee. It will now laws, stronger pecuniary interests be the case that employees may be demoted, requirements, new contracting requirements, fined, reprimanded or suffer a reduction in greater community participation in council salary if they are found to have engaged in decision making and greater delineation conduct that is of an inappropriate standard. between the roles and responsibilities of elected members and officers of the council. I turn to the issue of fines. I mentioned earlier that I came from an industrial relations Many of these reforms, particularly those background prior to entering this House. I relating to human resources management came from an industry in which the employees practices, are long overdue. For example, were governed in earlier years by council by- Chapter 12 of the Act, which refers to local government staff, contains many new laws and, after that, State Public Sector provisions which will require councils to Management Commission standards. significantly upgrade their performance in Employees could be fined if they engaged in industrial relations and personnel forms of misconduct. In relation to the management. comments of the member for Mooloolah, the question of fines can work in an employee’s Mr Laming: Do you support the fines? favour. Under the previous system, if all that Mr ROBERTSON: I will come back to local governments had available to them as a that, because I picked up on something the form of action against an employee was Legislative Assembly 6229 30 November 1993 dismissal, surely it must be fairer and more or received. Where assets such as vehicles just to widen the range of actions that an and buildings are acquired, these will be employer can take against an employee to treated as expenses over the period of their include measures that are not as severe as use, rather than the period in which they are dismissal. initially purchased. Similarly, a reduction in salary, which the Information is the key to effective member for Mooloolah did not mention in his management and financial information is the speech, is certainly more severe than a one- key to effective financial management. off fine. In terms of my experience, a fine is Without adequate financial information, appropriate against an employee who is managers do not have the tools to manage proven guilty, and perhaps has gone through and do not have the means to measure their the appeal process, when that employee may effectiveness. Accrual accounting provides the have engaged in conduct which may have tools and empowers the responsible local damaged the property of the employer. The government manager, which in turn not only fine can be used as some form of refund to provides a list of assets of the council but also the employer for the damage caused by the records where they are and what they are employee’s actions. I state that those things worth. should only apply if the employee is in fact The requirement to change to accrual proven guilty of those kinds of actions. So it is accounting allows better performance not as tough or inappropriate as the measurement, but, it must be admitted, does honourable member might suggest. In fact, it require additional resources and imposes can be used appropriately in quite progressive additional responsibilities on staff. However, I management practices. I take the comments take issue with the comments of the member of the honourable member on board, but I for Callide who earlier today raised concerns think that there is a positive role for it. about the requirement for councils to adopt An honourable member interjected. accrual accounting. It was claimed by the Mr ROBERTSON: I take that interjection. member for Callide that the requirements were In my experience in the Fire Service, it was in some way onerous. It should be stated that applied very rarely and only in very particular it is not this Bill per se that imposes circumstances. I should mention that one of requirements for councils to adopt accrual the benefits of this Bill is that the employees accounting procedures. have available to them an appeal mechanism Demonstrating a level of ignorance about so that, should it be used inappropriately, they local government that can only be compared can get a fair, just, and inexpensive hearing to with the Opposition members’ understanding determine whether that was or was not a fair of the Mabo High Court judgment, members action for an employer to take. of the Opposition, by their comments here Importantly, the Bill provides a number of today, have clearly failed to appreciate and remedies to the employee, if he or she is understand that the requirement to move to aggrieved by disciplinary action imposed by accrual accounting arises from the Federal the employing council. The employee, if Government’s Australian Accounting Standard dismissed, can either seek a ruling from the 27 introduced last year. Industrial Relations Commission or, in relation It may interest the Opposition to know to other forms of disciplinary action, can that the first local authority in Queensland to appeal the decision before an independent adopt accrual accounting was the Brisbane appeals tribunal. The provisions contained City Council under the Soorley Labor within the Bill with respect to appeals against administration. Accrual accounting allows for disciplinary action are similar to State Public financial information to be presented in a far Sector Management Commission standards. more understandable format, thereby making That is only one of a number of areas in this local authorities more accountable to the Bill where justice and equity provisions community. affecting local government employees have It is clear that by any standards, the Local been included. Government Act 1993 represents a significant Another major reform contained in this Bill departure from the past. The reforms that are is the requirement for local authorities to adopt being introduced through the Act bring new accrual accounting measures in their budget obligations and significant responsibilities to and financial statements. Accrual accounting local authorities. It is therefore important that differs from cash accounting by bringing to employees and elected officers of councils account expenditure and revenue when it is understand what will be required of them. incurred or earned, rather than when it is paid Training will, therefore, be critical if these 30 November 1993 6230 Legislative Assembly obligations are to be met and councils are to Surely, concern about additional workload adopt and pursue the new reforms. and responsibilities should not stand in the The provision of training resources for way of significant reforms to make public local government officers is an essential part institutions, such as local authorities, more of the reform process. It would be fair to say responsible and more accountable to those that this Parliament can pass as much well- who finance them, that is, the ratepayers. To meaning legislation that it likes in terms of suggest otherwise is simply ridiculous and requiring individuals, employees or employers positively jurassic. to act or conduct business in an appropriate This Bill represents a significant reform in manner, but unless training and education are the organisation and operation of local provided, then the central message contained government in Queensland. As I said in my in the legislation will never be as effective as it opening remarks, this reform is long overdue should be. and cannot be sensibly denied by anyone in The Local Government Services group in this State. One needs only to consider the the Department of Housing, Local comments by Local Government Government and Planning has responsibility in Commissioner, Greg Hoffman, in the recent this important area and has already begun the annual report of the Office of Local task of identifying and prioritising training Government to appreciate how long overdue needs. A committee comprising reform in local government has been and how representatives of Local Government some people, both in this House and in some Services, the Local Government Association local authorities, fear change based on the of Queensland and the Institute of Municipal most spurious of grounds. We have seen Management has been established to plenty of that in the debate today. oversee this process. At the moment, the At page 2 of the annual report, the Local committee is focusing on the 1994 local Government Commissioner states— government elections and is considering the “Local Government cannot stand needs of both candidates and returning above the sea of change of micro- officers. economic reform in the public and private A Local Government Services/private sectors. Nor should it. Yet when reform is sector initiative was also commenced some mentioned, there is a chorus of cries that time ago to provide training in the new accrual it is unfair and undemocratic, it is wrong. accounting requirement. These training We do not hear such cries when programs are well advanced and have proved boundaries of federal and state to be very successful. In due course, the electorates are altered nor when training committee will look at the entire range companies are merged.” of training required for the successful At page 3, he states— implementation of the new Act. “What I am getting at is that local I am amazed that the significant reforms government needs not only a new received no attention from the Opposition beginning but a new thinking. The spokesperson for Local Government, the thinking of the past is somehow member for Callide. She decried the additional prevalent. Some local government workload and responsibilities on councils that, leaders and members of the public have for example, accrual accounting and the new said in defence of the status quo”— disciplinary procedures place on council officers. She completely ignored the fact that and we have heard it here time and time the department has recognised these again— additional responsibilities by providing training “ ‘if the wheel of the cart ain’t broke why for council officers in order that these reforms, fix it?’ ” once introduced, succeed. Mr Hoffman’s comments were— Mrs McCauley: It’s not training they “Such thinking is blind. Such need, it’s more hours in a day to get through it sentiment is easy.” all. If there was ever a more accurate Mr ROBERTSON: That is quite true, but description of how the National Party views the honourable member would have to admit local government, then I have yet to hear it. that training is an essential part of actually performing the duties required of them. That is Mr Springborg: You’d do well in New training that certainly was never provided while Zealand with the economic rationalists over the National Party was in Government. there. Legislative Assembly 6231 30 November 1993

Mr ROBERTSON: Quotes seem to be the Mr COOPER (Crows Nest) (9.43 p.m.): order of the day. I will refer to a classic quote Thank you, Mr Acting Chairman. I, too, am from the Opposition spokesman. When the pleased—— Opposition spokesman for Local Government Mr Mackenroth: Mr Deputy Speaker. quotes some outdated view in this House that all Government reform is doomed to failure, Mr COOPER: Mr Deputy Speaker. I will then we can rightfully question whether the not call Mr Deputy Speaker the mayor—not National Party has successfully shed its well- yet. I am pleased to be taking part in this earned reputation for shady deals in brown debate because I, too, have had a paper bags. reasonable amount of experience in local government, and I enjoyed every bit of it. I Mr Cooper: How many councils are you started in local government in 1976 in the on? How much experience have you had on Bendemere Shire, which is based in Yuleba. I councils—local government? had 12 fabulous years on that council. It Mr ROBERTSON: I have never sat on the taught me then, and I still say it, particularly council. after 10 years as a member of this place, that Mr Cooper: Carry on. local government is the best form of government. It is certainly the form of Mr ROBERTSON: I am happy to take the government that is closest to the people. interjection. The member does not want to Right from the start, councillors deal with pursue it. If he wants to back down, that is people’s problems. I think that that is not a fine. Again, I will refer to the Local bad grounding for anyone to receive. Government Commissioner’s annual report, which states— This is certainly major legislation, and we can regard it as a joint effort because work “Anyone who doubts the greater started on it before this Government came to demands on us for accountability could power. There is more enjoyment in legislation do worse than read the press lately. It is that members can have some rapport and becoming increasingly common to read unity with and, hopefully, it will be for the good that this level of Government is the most of local government throughout the State. As I efficient, the most wasteful and it is hard said, local government is the form of to escape the plethora of reports on government closest to the people. When all is alleged misuse of public funds.” said and done, that is what governments are Given that quote, I ask Mr Cooper: has supposed to be all about. Therefore, with the he ever sat on a local government council? tremendous amount of effort that has been Mr Cooper: Yes. put into this legislation, as has been outlined well and truly in this place, hopefully the final Mr ROBERTSON: I thank the member. outcome will be better local government Therefore, to raise concerns about the throughout the State. additional responsibilities for openness and accountability that this Bill imposes on all local I acknowledge all the councils that have authorities demonstrates a less than full made contributions. Certainly, I acknowledge commitment to the Fitzgerald-style reforms of those councils in my electorate—Crows Nest, this important level of government. Similarly, it Jondaryan, Rosalie and Esk. I also is plainly ridiculous to suggest, as the member acknowledge those councils with which I have for Mooloolah did today, that local authorities had previous involvement—the Roma Town have no role to play in stimulating local Council and the Bungil and Bendemere Shire economies. That statement is simply a cop- Councils, where joint efforts have existed for out, and ignores the important role that local quite some time and have proven to be highly authorities play in funding employment successful. They are good examples for other schemes and other projects that are of benefit local authorities to follow. They have shown to the local community. I suggest to the that joint efforts can be entered into and be member that he reads the annual report of successful rather than forced amalgamations, the Local Government Commissioner to gain to which I am totally and utterly opposed. an appreciation of the roles that local As I have said, local government is the governments play today. He will soon discover tier of government that is closest to the the significance of the role that local people. It has demonstrated the need for government can play in stimulating the local change, and many councils have recognised economy. Clearly, this Bill deserves the full that need for change. I think that they have support of all members of this House without gone along with the proposed changes in a reservation. very cooperative manner. I met Councillor Jim Pennell in the dining room. I asked him, “How 30 November 1993 6232 Legislative Assembly are things?” He said, “As far as this legislation I have mentioned the people, such as is concerned, I think that it is a joint effort.” He the shire clerks, who are now referred to as believed that it could well be regarded as chief executive officers. However, we should either coalition legislation or Labor Party all take stock and give due consideration to legislation. Because of that, he believed that it the engineers, the health inspectors and the will be healthy and good for local authorities. building inspectors, because they are the Quite obviously, when new legislation is people who are copping the majority of the brought in, especially major legislation such as workload. this, it has taken a lot of work on the part of a I want to briefly go through the various lot of people—councillors, the community, the matters raised in the Minister’s second-reading staff, the engineers, the health inspectors, the speech. In that speech, the Minister building inspectors; all of those people who go recognised that local government should play towards making up local authorities. I know a greater role in the social, economic and that they are prepared to put in that work. We environmental wellbeing of communities. I have to recognise the tremendous workload believe that, in many respects, that is that has devolved upon councillors and other happening already. Most of the shires in my people involved with councils. Hopefully, once electorate are already doing that, so I believe this legislation is passed, those people will be that the Bill is actually validating what is able to get on with the job of carrying out their already occurring. I believe that the local respective tasks, and not be inundated with governments can handle all the increased endless reports, about which they have responsibilities provided in the Bill, but they will complained for so long. It takes them away need the wherewithal to carry out the extra from the work that they are elected and paid tasks, and that means the provision of to do. Nevertheless, as I said, once the increased funding. The councils cannot be legislation is passed, hopefully they can get asked to accept more responsibility and on with the job. undertake increased tasks without the I have mentioned forced amalgamations. provision of adequate funding. I think that it is highly dangerous and In his second-reading speech, the unhealthy for people to have amalgamations Minister mentioned the more mature forced upon them. I have always said that the relationship between the levels of government role of the people is paramount, and that they that has also developed, along with a should be given an opportunity to have a say recognition that functions should be devolved about whether they want to be amalgamated to the most appropriate level. The Opposition or not. I cite particularly the case of the Shires accepts that proposition but, as I say, it will of Warwick, Rosenthal, Glengallan and Allora. only be realised at a price, and adequate I still feel deeply for the people of those shires. funding should be provided. I do not think that the decision in regard to Community participation is mentioned those shires was right. Eventually, those frequently throughout the legislation, which is people should be given an opportunity to absolutely as it should be. I believe that the have their say. Even though amalgamation community is certainly ready to take a more has been forced upon them at this stage, I do active role in the operations of local not believe that anything is set in concrete government. I sincerely hope and trust that forever. I think that it is wrong that those people will take a more active role in making councils, or any other shire councils, have this legislation work because the Bill provides been forced to amalgamate. for an increased emphasis on performance I refer to the role of the Local and accountability. It is up to the people to get Government Commissioner. I know Greg involved in the operation of local governments Hoffman from way back. I am not pointing the to a much greater degree than is the case finger at him as such. However, I am saying presently so that they can insist upon better that a commissioner in this position can be performance and greater accountability. Of given a tremendous amount of authority and course, at election time when councils’ influence. That can be dangerous because, in performances are being scrutinised, a greater the final analysis, it is most important that the degree of accountability is evident, but elected representatives are the ones who hold councils should be performing efficiently sway, and they always should. We must never throughout the three-year period of their term. ever go away from that principle, because we If audits are being conducted and the are the elected representatives of the people, performance basis is made clear, I believe and the people are the most important aspect that councils will improve their performances of this legislation and, in fact, of any and accountability on an ongoing basis, and legislation. that is the way it should be. Legislative Assembly 6233 30 November 1993

The Minister stated that local laws will grassroots council level. The shire chairmen in take the place of by-laws. In this context, I can my electorate, Councillors Geoff Patch, Alick recall that in relation to prostitution the 1936 Williams, Jean Bray and Peter Taylor are Act provided that local authorities were totally and utterly dedicated to the permitted to introduce by-laws designed to development of their shires. They have uphold the morals of the region. I have no modernised their operations and are totally doubt that whether the term is “by-law” or mature in their outlook. They are the sorts of “local law”, local authorities will continue with people from whom much can be learned and their task of making laws that uphold the from whom many good ideas can be morals of their regions. To illustrate the need obtained. for local laws, or by-laws as they are presently The Bill provides for councils to prepare known, I cite the example of “blockies” as they annual budgets between June and August are known in the Tara Shire. In the absence of each year. I mention in passing that shires high standards of regulation, shires often have had problems in preparing budgets encounter low-grade development, which is a because they were always wondering what the danger to many areas. People move in and Local Government Grants Commission would begin living in shacks and shanties, and allocate. The grants would often be made sometimes they use vehicles as their homes. after the budget had been prepared. I do not When that happens, the development know what the arrangements will be in that standards can slip quite dramatically. People respect for the future. Nevertheless, the grants in the Bendemere Shire did not want that to are certainly vitally important to councils’ happen and introduced a model by-law to budgets and financial planning. enable the local authority to maintain high standards, thereby avoiding the emergence of The requirement for a council to provide slum areas. Low-grade developments do not an annual report is a good idea. However, one suit anyone and they do nothing to enhance a of the effects of this Bill is that a tremendous local government area. amount of work will devolve onto shire clerks, who will be known as chief executive officers, In my electorate, some problems are also and other staff. I say quite genuinely that their being caused by feedlots. Although progress, workloads are enormous. Although I development and productivity should be acknowledge that a local government needs encouraged, we must always bear in mind to assess its own performance in order to that local authorities should retain a major say maintain standards, it should also be in matters affecting the quality of life of the remembered that an increase in reporting people who live in the shire area. If a feedlot is responsibility will result in an increase in costs. badly run or not properly maintained, the Notwithstanding that, I believe that this quality of life for people in populated areas provision of the Bill has merit because being nearby can be absolutely ruined. Therefore, able to look back over a shire’s previous elected local government representatives performance provides a council with a better must be able to maintain high standards of opportunity to plan for the future and look development and control. forward to projects that may come to fruition in The Bill provides that councils will prepare three or five years’ time, or even 10 or 15 a corporate plan setting out a council’s years’ time. mission or reason for existence and identifying The Minister’s second-reading speech the goals that the council wants to achieve. A also refers to contracting requirements and short time ago at my request, the Minister five principles that will be applied, namely, visited my electorate because of the growing open and effective competition; value for pains being experienced by the Crows Nest money; enhancement of the capabilities of Shire. The shire representatives can see that local business and industry; environmental the shire is expanding very rapidly. No-one protection; and ethical behaviour and fair can stop the growth—nor does anyone want dealing. The Opposition has no problem with to—but development must be undertaken on those principles. Indeed, I believe that most a basis that will benefit the entire region. people would say that they are appropriate. I Council representatives have to try to look note the other conditions that apply, but the ahead and gauge the effects of development time allowed for my speech does not permit in 30, 50 or 100 years’ time. I was pleased me to discuss them in detail. They have that the Minister took an interest in the already been mentioned, and I will be working problems. That is the way it should be, and I closely with the local authorities in my encourage him to keep doing so because it is electorate as this Bill is implemented. I note really the only way that a Local Government the flexibility contained in relation to contracts Minister can become aware of problems at the where a sole supply situation or genuine 30 November 1993 6234 Legislative Assembly emergency exists. I believe that a degree of elected representatives to assert themselves flexibility is essential in this type of legislation. and to represent the interests of their people A local government’s rating function is not over and above all other considerations. The only complex but also causes a great deal of chief executive officer is responsible for angst and concern among members of the establishing a system to provide advice or community. People constantly say that assistance to the council and individual councils should be seeking a better, fairer and elected members. That is as it should be. more equitable system of rating. I believe that I note that elected members should not it behoves local governments to keep looking be involved in directing or organising work. for a better, fairer and more equitable system. That is the correct position. The second- I do not advocate change for the sake of reading speech states also that elected change; therefore, any new system of rating members should spend less time on ad hoc would have to be better because it is more decision-making. I suppose that refers to equitable and fairer than the one it replaces. potholes and the like. Elected representatives In the Esk Shire, ratepayers in a particular part receive telephone calls every day and every of the shire have expressed extreme concern night seeking action to be taken on fixing about the massive increase in their rates due potholes and other matters. Those matters to the proximity of their areas to rapid growth are important to people. Therefore, elected and to Brisbane. The people concerned are representatives will still have to take note of rural people who do not have the financial them. ability to meet the increase in rates, which, as The register of interests is a matter that I said, is extremely high. Both groups are in a we as parliamentarians have had to live with. cleft stick because the ratepayers are not in a That is what the people require of us, and it is position to meet the massive increase in rates, something that representatives of local and the Esk Shire Council does not appear to authorities will have to go along with. The be in a position to grant any concessions or second-reading speech refers to the alleviate the financial burden on the arrangements for the remuneration of ratepayers. I am concerned that something councillors. The arrangements have to be unpleasant will happen. The Government has clearly notified and advertised. That is got to be able to resolve these problems. appropriate. However, once that is advertised It has already been proved that a publicly and everyone is aware of the differential system of rating can work. A few arrangements, everyone should accept those years ago when the system was introduced by arrangements so that the elected the previous National Party Government, the representatives can get on with their jobs. Bendemere Shire was one of the first, if not Whatever arrangements this Parliament puts the first, to utilise it. A gas station worth in place—whether it be daily travelling approximately $13m paid only $20 or $30 in allowances, the various controls and audits or rates, whereas the people who lived only a whatever—to ensure that members are short distance away paid $5,000 or $10,000 a accountable, we will still be criticised. year. After the differential system of rating was Sometimes, one is forced to wonder why we introduced, the rates paid by the gas station have DTAs and other provisions, because we were increased to approximately $5,000, will be crucified whatever we do. I sincerely which was much fairer. It was proved that in hope that, once the arrangements are made certain circumstances differential rating can public and everything is above board, shire work. It is up to shire councils to utilise that councillors can get on with their jobs. system of rating to make the burden of paying I turn to joint boards and joint local rates fairer for all the people concerned, authorities. As I said before, that arrangement especially those experiencing financial has worked extremely well in Roma and the difficulty. I note the reference to the Bungil area, where the showgrounds, the discretionary power of councils. That is a key rodeo grounds, the racecourse and other factor of this legislation. facilities were combined about 20 years ago. The second-reading speech referred to That demonstrated that Bungil and the Roma the fact that elected members represent the town can work very closely together. That is a public interest and that the chief executive shining example of joint local authorities. That officer implements the decisions of the is the way that I believe it should be. It allows council. That reiterates the role of elected tremendous flexibility. That they can each representatives to represent the public have their own identity and can get on with interest. Sometimes, shire clerks tend to take their own work in their individual shires. over and become the most important part of a However—and the Minister should take local authority. That is wrong. It is up to the note—that occurs on a regional basis and on Legislative Assembly 6235 30 November 1993 a joint basis. As far as I am concerned, that Party had a clean sweep of the positions on can be a successful form of local government. the Cooloola Shire Council. That gives the lie I have pleasure in supporting this legislation to the constant assertion that there is no and watching its progress. I will try to assist politics in local government. There is most with its progress. assuredly politics in local government. Mr J. H. SULLIVAN (Caboolture) (10.04 Mrs McCauley: Who said that? p.m.): Thank you, Mr Deputy Speaker. Mr J. H. SULLIVAN: The member for Mr Barton: Watch out, “Fifi”. Here comes Gympie made that comment to me this the bearded assassin! morning. If there is no politics in local Mr J. H. SULLIVAN: I hasten to assure government of a formalised party political the member for Maroochydore—to whom the brand, there is certainly the politics of hatred member for Waterford refers—that she need that expresses itself throughout many of the not rush from her office in this complex to the councils in this State. Chamber. I shall not be mentioning her during Members of local authorities need to be my contribution. As to my being a bearded very sensitive about their individual and assassin—I am not sure that that applies, collective reputations. The members of the either. Caboolture Shire, which makes up the majority It is a pleasure to join this debate. of my electorate—although it makes up a majority of other electorates, as well—are Mr Springborg interjected. considered quite badly by the residents of the Mr J. H. SULLIVAN: My mother is area. Let me state at the outset that I am not wonderful, and I am sure that she wishes the a disinterested party in this matter. My wife is member for Warwick the best. As we have a member of the Caboolture Shire Council’s heard at some length from a number of opposition minority group. It is illuminating to members, among other things, this Bill examine the reasons for the view that the ensures accountability and autonomy for local people in that area hold that reflect badly on authorities, both of which will be welcomed by that council. the people whom they serve. The one thing In 1988, the council consisted of six male that it does—and this is something that I want councillors, five female councillors and a male to talk about this evening—is provide the chairman. At the 1991 elections, the council system by which a large number of people in returned six women councillors, five men, plus this State practice the art of politics. Before I a woman as chairman. Those female discuss that point, I mention the election held councillors, for probably the first time in the over the weekend in the Cooloola Shire, in shire’s history, refused to operate as a rubber which Councillor Adrian McClintock was stamp for the decisions of the council officers. returned. I congratulate Adrian. He is now the There was a great deal of heat in the chamber Cooloola Shire Chairman. I suspect that he will between the minority group and the ruling be the Cooloola Shire Chairman only until this majority group, which generally defended the Bill is assented to, when he will become the recommendations made by the officers. One Cooloola Shire Mayor. He may be the can only draw conclusions as to why they shortest-serving chairman of any shire in might adopt that position. On at least two Queensland. occasions to my knowledge, the shire Mr Cooper: Give him a break! chairman has had to call the police to the Mr J. H. SULLIVAN: Obviously, his title council to evict a councillor with whom she was will change, and he will be the last Chairman unhappy. of the Cooloola Shire. I express some level of Straight after the 1991 elections, a now regret that a person with the experience of happily defunct local newspaper seemed to Joan Dodt, who contested the shire take it upon itself to conduct a campaign chairmanship against Adrian, was not able to against the council—a crusade, if you like. be returned. Of course, in a contest in which One of the reasons for that was the fact that only one person will win, two cannot win. It is the council was now dominated by women, something of a tragedy for that shire that both and the editorial stance of that newspaper of those highly talented people have not been suggested that women were not capable of returned to the council. running a local authority. When I discussed the results of the Mr Ardill interjected. election in the Cooloola Shire with a member Mr J. H. SULLIVAN: It is a bit of both. In of the National Party, the comment from that fact, a woman who lived at Deception Bay, member was, “It was a clean sweep for us.” In which was then in the electorate of Ken other words, he was saying that the National 30 November 1993 6236 Legislative Assembly

Hayward, reported the newspaper to the Press would have to install television sets in the Council. I will come to that matter shortly. council chamber so that councillors could The newspaper, in all its permutations— watch the television soapie Days of our Lives and there have been many—is responsible by while the council was meeting. That was and large for the council’s bad reputation, disgraceful. which it quite clearly does not deserve. I have Let us have a look at the newspaper’s already mentioned the aspect of the action on one application that went before the councillors questioning in depth the council. That application was for a child-care recommendations of the officers, and not centre on Bribie Island. I reside on Bribie simply accepting them. On recent figures, the Island, and I know that the one thing that Caboolture Shire is the third fastest growing Bribie Island desperately needed as its shire in this nation. That must lead to some population went through the 12 000 mark was level of competence on the part of the people a child-care centre. The council officers who who are running the council. Providing for the assessed that application recommended to new arrivals is the job that those people have the council the rejection of the application. been carrying out. Providing for new arrivals is One of the councillors, I am proud to say the prime focus of the Act that we are Councillor Sullivan, objected to that rejection replacing this evening. and asked the council officers to bring back to Thirdly, it would be illuminating for the council a recommendation suggesting that members to realise that the Caboolture Shire the application be approved with conditions for Council, without any fuss or bother, without approval. The officers brought back a any “drag ’em down, tear ’em out” infighting recommendation with a number of conditions, and without any acrimony, was able to reduce but they prefaced that recommendation with the number of councillors to be elected at the words to the effect that they did not agree with next triennial election from 11 plus a chairman the recommendation that they were making. to 6 plus a chairman. I put it to honourable However, the council in its wisdom approved members that, in almost every other instance the recommendation and the developer in this State when councils have sought to accepted the conditions. As a consequence, reduce the number of councillors, a “drag ’em Bribie Island now has an excellent child-care down, tear ’em out” battle has been fought centre. because some people are scared that they However, not a single word of that activity might be cut from the council roster at the appeared in the pages of that newspaper. Let next election. Here we have a council that is us examine why. It would be no surprise to without fear reducing its numbers by half, and honourable members that Councillor Sullivan that must mean that half of the councillors is a well-known ALP identity and has been have no chance. regularly defamed in the columns of that We must ask why the campaign against newspaper. The developers are a well-known the local council was undertaken. The National Party family. The councillor could put newspapers in question had an unashamedly aside political differences for the good of pro-development and pro-conservative politics Bribie Island, but the newspaper had a editorial policy, and they editorialised to that conundrum. It either had to praise the Labor effect. They said that they were unashamedly Party councillor for her efforts in getting that pro-development and pro-conservative politics. facility for Bribie Island or it had to denigrate In the 1988 council election, when the ALP the need for the facility and therefore entered an endorsed team in the Caboolture denigrate or belittle the National Party Shire Council—with limited success, I must identities. It would not do either of those, so it admit—the newspaper wrote an editorial ignored the fact that Bribie Island was to get a saying that it would refuse to accept child-care centre and did not report it. I put to advertising from the ALP team, so strong was honourable members that any local its stance. In the 1991 election, the newspaper that they know of would report newspaper supported failed candidates hand such an instance. over fist. Of the 12 candidates that it The Caboolture Shire Council knew just supported, only three were elected. The what kind of newspaper that was and, in its newspaper set out to bring down the council, early days, sought to bring to the council an to bring down the councillors, to distort the accreditation system for journalists similar to facts and to selectively report the facts. I have that which is used in Parliament House. The already spoken about the newspaper’s basis for that accreditation would be AJA crusade against a number of women who membership. AJA members are required to were elected to the council, resulting in a most abide by a code of ethics or face penalties for horrendous article suggesting that the council breaches of that code. The editor of the Legislative Assembly 6237 30 November 1993 newspaper in question had summarily to pay off certain Havenmont debts, such as dismissed any members of his staff who had printing, arguably fraudulently. ever had a whiff of an AJA membership about That culminated in a successful action to them. At that time, he wrote in his wind up the Caboolture Newspaper Company, newspaper— again owing a substantial sum to the “This newspaper subscribes to the Australian Tax Office as well as to other ethics of the Australian Press Council and creditors. The next step was to start a new abides by its decision in all matters.” newspaper, this time called the Caboolture Not 18 months later, the same editor basked Chronicle, and it was business as usual. in the national spotlight on television, in the Earlier this year, after the reputable Sunshine Australasian Post and in metropolitan Coast Newspaper Company decided to newspapers, unrepentant about an adverse change its Caboolture newspaper from a paid finding against him by the Australian Press newspaper to a free newspaper, lifting Council. He discredited himself. distribution to 21 000 copies and poaching Chronicle advertisers, the newspaper closed Let us consider the editor personally. He down. By that time it was being printed was responsible for delivering to the current interstate, apparently having exhausted credit members of Caboolture Shire Council the bad with everyone capable of doing the work in collective reputation that they have. He has south-east Queensland—— been a personal bankrupt three times—once in Western Australia, once in Victoria and Mr DEPUTY SPEAKER: Order! Will the once in Queensland. He seems to have an member please inform the House of the aversion to meeting commitments. In the early relevance of his statements at present to the eighties, he established a newspaper called Bill before the House? the Caboolture Star and did a runner on Mr J. H. SULLIVAN: Absolutely. As I said creditors when that newspaper was previously, the purpose of the speech is to unsuccessful. In 1986, he entered into an demonstrate clearly how the members of local arrangement to purchase the Bribie Times. At authorities must guard their reputations and various times, he published the Bribie Times, their practice of politics as it is carried out at the Caboolture Times, the Deception Bay local government level. I am moving towards a Times and the Caboolture and Bribie Times point that will make it all clear to honourable through a company called Havenmont Pty members precisely what my point is, if I can Ltd. Although he was bankrupted during that be given a couple of minutes. period, the man retained effective control of Mr DEPUTY SPEAKER (Mr Palaszczuk): the company. The Australian Tax Office Order! Very well. The honourable member has began a winding-up action against only four minutes left. Havenmont, which owed a six-figure sum in unpaid group tax. It had withheld tax from Mr J. H. SULLIVAN: The effect of those employees but not paid it through to the newspapers on the collective and individual office. Havenmont entered an agreement with reputation of Caboolture Shire councillors has the ATO to repay taxes, at the same time been profound. The ramifications will be felt by hatching a plot to retain the newspapers but them, I am sure, at the elections next March. to evade the taxes. It is unlikely that many of them will recover their reputations. Mr Horan: What Bill is this? Just prior to the demise of the Caboolture Mr J. H. SULLIVAN: For the information Chronicle it began publishing excerpts from of the honourable member, I am making a telephone conversations of a local speech on the practice of politics in local businessman. The conversations had been government, which is covered by the Bill illegally intercepted and recorded. By and before the House. A new company was large, they were conversations with members formed, called the Caboolture Newspaper of the local council and with myself. The editor Company Pty Ltd. The masthead was explained his airforce background and said transferred from Havenmont in consideration that he was qualified to authenticate the of shares, and further shares in the company tapes. The Parliamentary Service Commission in $10,000 parcels were sold to employees. If actually swept my office for bugs. The person one wanted a job, one bought shares. who was brought from interstate for that Havenmont was then put into liquidation with task—a former Commonwealth the tax bill unpaid. New shareholders became policeman—indicated to me that the only worried when they discovered that Caboolture people in Australia who could authenticate Newspaper Company income was being used those tapes were the Federal Police or officers of the Federal Attorney-General’s Department. 30 November 1993 6238 Legislative Assembly

If the newspaper editor’s experience as stated service that is provided on a day-to-day basis by him was correct, then he would have had in the community. I feel that my time in local the expertise both to intercept and to tape government has enriched my life. Some other those conversations. While investigating the members would no doubt feel the same way. taping, the Federal Police raided the We would certainly appreciate being members home—— of a local government after our days in this Mr DEPUTY SPEAKER: Order! The Chair Chamber. has been very tolerant of the member for After a long, drawn-out process and Caboolture. It is not going to last. review after review, the Minister introduced the Mr J. H. SULLIVAN: The member for Bill on 18 November so that it could be rushed Caboolture appreciates the Chair’s tolerance. through and could take effect before the next Let me get right to the point. The newspaper local government election on 26 March next went down the gurgler, and the editor of that year. This Bill has been almost eight years in newspaper is no longer a blight on the local the making. In his second-reading speech, the government political system of Caboolture Minister said that the principal focus of local Shire. We ask ourselves, “Why?” It is because government back in 1936 was the provision of this person has now found himself a job on basic community infrastructure and property- the Federal Government’s payroll. related services. I would hope that services such as roads, parks, water and sewerage, Dr Watson: A Labor Government payroll. rubbish collection, drainage and financial Mr J. H. SULLIVAN: I take the management of councils are still the principal interjection, “A Labor Government payroll”, focus of local government in this State. because members opposite do not know I will admit that since 1936 most local where he is working. The newspaper editor in authorities have introduced town and regional question is living in Carseldine in Brisbane and planning, and over the past 20 years in he is on the payroll of the Federal member for particular local government has become far Kennedy, Mr Bob Katter, who latterly sat in more accountable to ratepayers. After the this House. This is a man who withheld group previous speech, members opposite may find tax payments that he took from employees my contribution on local government rather and did not pass them on to the Federal dull and uninteresting, but at least I am Government. He is the kind of person whom speaking to the Bill. Again, to quote the Opposition members would succour, and give Minister— comfort and shelter. They are no better than he is. I would say to members opposite that “. . . a system where councils can achieve he has been given a reward for services their potential, and mutual respect exists rendered to the National Party on the between the State and local Caboolture Shire Council. These members governments; and a system where we masquerade as Independents throughout the can work together as partners.” State, but the reality is that they are all Recently, we saw this State National Party people. Government’s regard for mutual respect and Let me conclude by saying that I the well-being of the community when the commend this Bill to the people of Minister for Tourism, Sport and Racing rushed Queensland. I believe that it provides for a his Bill on the Lang Park upgrading through wonderful system of local government in this this Parliament. The extension of local State. government into areas that are currently the responsibility of other levels of Government is Time expired. not a good sign for the ratepayers of that Mr J. N. GOSS (Aspley) (10.24 p.m.): To particular local authority. the disappointment of the House, I do not A classic example is the proposal by the have a newspaper that I can criticise, so I am Brisbane City Council to go into the area of going to have to break the mould. Firstly, let welfare housing and to try to force urban me say that local government is the most consolidation onto residents in some areas. important level of government. It is the level of The Brisbane City Council urban consolidation government which deals with the day-to-day scheme will have the drastic effect of issues. Many members of this Parliament who changing the face of Brisbane forever. have served on councils would readily appreciate that. I am sure that Mrs Woodgate, Mr Robertson: Like Sunnybank? the member for Crows Nest, and many Mr Beattie: Aspley? members in this Chamber who have served Mr J. N. GOSS: If honourable members on councils understand the real level of will wait, I will list the areas where people have Legislative Assembly 6239 30 November 1993 lodged complaints. The larger allotments with After the 1994 elections, every head of the traditional Queensland homes, usually council will be called a “mayor”. The other day, surrounded with well-established trees, will a councillor from a shire near Brisbane asked disappear. This is currently occurring at the me whether the equivalent female title for rate of eight homes a week. A few years ago, “mayor” would be spelt M-A-R-E. As I said, the Brisbane City Council tried to sneak that question would have to be directed to the through a change in the town plan that would Minister. Every elected representative would allow houses in Residential A areas to be be called a “councillor”. It is typical of Labor turned into flats. Governments to break down long-held Mr Budd: How many years ago? traditions. The Minister has said that the issue has attracted the most attention in this Bill. Mr J. N. GOSS: A couple of years ago. It was only because of a well-organised An excerpt from a letter from the Pine campaign led by Alderman Bob Ward that the Rivers Shire Council stated— people of Brisbane became aware of the “Council at its Meeting on Monday proposed changes. They rose up in revolt and 15 November 1993 discussed the recent forced the Labor Council to back down. I announcement of the Government’s attended many of those public meetings and intention to change the name of the Tim Quinn was the quietest I have ever seen position of Chairmen in Shires of him—he received such a bad reception from Queensland to ‘Mayor’ in accordance with the community. the new Local Government Act. However, in anticipation of the win on 26 I would like to express this Council’s March next year, the ALP is ready to move strong objection to the change of this quickly to again introduce the changes that will title. It is felt that confusion would be allow flats and the conversion of homes into created in the communities affected by multi-residential units in Residential A areas. the change and that there is no benefit to Even after the public outcry on allowing urban be gained from such a change. Council consolidation in Residential A areas, the has written to the Minister for Housing, Brisbane City Council is still strongly committed Local Government and Planning to its proposals. These changes are still being requesting further consideration to be introduced slowly and stealthily. Let us look at given to having the present titles left as the Lord Mayor’s Teneriffe plan. The member they presently exist.” for Brisbane Central would know all about it. Mrs Woodgate: Read all of the letter. In The council has already spent $6m on the the last sentence he asks for your support. Teneriffe/Newstead proposal and it is still all a dream in Lord Mayor Soorley’s head—a $6m Mr J. N. GOSS: It stated further— dream. “It would be appreciated if you could However, the first sign of development by support Council in this matter.” the council will be construction of welfare units Mrs Woodgate: What did you tell them? and residential units between Wickham and Mr J. N. GOSS: I have only just received Anne Streets on an open area opposite the the letter. valley pool. The welfare units will be right next door to the BMW and the Mercedes Benz Mrs Woodgate: Rubbish! We got it two showrooms. We are talking about being days ago. accountable, responsible, and helping to Mr J. N. GOSS: The honourable create jobs and, at the same time, spending member’s letter must have been delivered the ratepayers’ funds wisely. more quickly than mine—Aspley must be Let us look at the Brisbane City Council another day away. I see no benefit in the Urban Renewal Task Force that has delayed change. Councils have to go to the expense the $115m development of Newstead Quays. of changing signs on doors and changing their The only activity in the area was a number of letterheads and so on, all because of the small businesses that were closing whim of the Minister and the Government. down—people losing their businesses and There is growing concern among their jobs. Hundreds of jobs were going residents of a number of areas in Brisbane begging because the Brisbane City Council, who are determined to maintain their quality of and in particular the Lord Mayor, wanted to life. As I said before, people are seeking to personally control the development. It was not stop the spread of higher density only Newstead Quays which was being development in their areas. The residents of affected but also hundreds of people Lutwyche, Windsor, Everton Park, Taringa and throughout Brisbane. Clayfield are some of the areas in which 30 November 1993 6240 Legislative Assembly people have expressed a desire for quality of becoming more and more accepted by the life, rather than allowing this urban community. People now feel proud that they consolidation that the Brisbane City Council can be involved and participate in their local wants to impose upon them. council’s decisions. I would like to discuss the register of In relation to the superannuation aspect interests. I realise that there is a requirement of the Bill—I was disappointed with the for a register of interests for elected Brisbane City Council’s action to boost the representatives. However, I am concerned superannuation for—— that—and this aspect is of concern to me in Mr Mackenroth: That is not covered by relation to our member’s register—certain this Bill. You realise that? items being listed, especially coin and stamp collections and any other valuable small Mr J. N. GOSS: Newspapers are not collection, could encourage theft from the covered in this Bill, either. I was disappointed homes of members. This is especially so when with the Brisbane City Council’s action to allow these details are published in the newspaper. it to significantly increase superannuation It becomes common knowledge, and I feel payments just to pacify the Socialist Left who that this puts a member’s home and his were dumped by the Brisbane City Council. possessions at risk. Mr Robertson: How much did you get One of the difficulties for elected when you got out? representatives is knowing the full details of Mr J. N. GOSS: Very little. what the council is planning to purchase or Mr Robertson: Name the figure. If you construct, especially when extensive were a contributor under the old scheme, you committee reports are presented to council. I would have got more than these aldermen have been to the Pine Rivers Shire Council did. Tell us how much. and gone through some of its reports. As the honourable member for Kurwongbah would Mr J. N. GOSS: I got back what I put in. know, an awful lot of reading is involved for Mr Robertson: Tell us how much. councillors if they are trying to ascertain Mr J. N. GOSS: And the council did not whether there is a conflict of interests—shares contribute. might be involved and so on. Mr Robertson: Don’t avoid it; tell us how I believe that the register of interests for much. the senior management in local government, especially when the senior officers Mr J. N. GOSS: After eight and a half recommend to council who should be years—— accepted as a successful tenderer or Mr Robertson: How many dollars under contractor, is good. It should not be made the old scheme? public, as the Bill indicates. In circumstances Mr J. N. GOSS: After eight and a half in which an officer or employee has a personal years, it was about $30,000. interest in an issue to be dealt with by the council, I agree that he should notify the chief Mr Robertson: When did you get out? executive in writing. Mr J. N. GOSS: In 1989. You receive In relation to improper conduct by a local that after one term now, and when I left the government employee—I am not so sure that council I received what I put in; the council did fines are the answer for someone who may not contribute to my payment. Under the have committed an indiscretion. The proposed scheme, the ratepayer is employees and the employers should clearly contributing. The ratepayer did not contribute understand their responsibilities. There should to my superannuation. be an education of the employees as a part of The expanding areas of local government their induction into their position. I think that such as the mobile libraries in Brisbane, the the imposition of 35 penalty units for some of purchase of bushland, the greater interest in the offences listed would be rather harsh. If the environment and all of those issues have the offence is serious, I believe it should result created a greater expectation by the public in the offender’s dismissal. that local government and the community will I turn to the issue of community progress hand in hand. The only thing that participation. I believe that the community is concerns me is that local government will start now more than ever ready and keen to to duplicate the facilities that are provided by participate in government. Over recent years, the other levels of Government. we have seen how the community is willing to Mr HORAN (Toowoomba South) become involved in decision making. It is (10.41 p.m.): It is with pleasure that I join in Legislative Assembly 6241 30 November 1993 this debate on the Local Government Bill. As In speaking about the things that are did many other speakers tonight, I happening in the Toowoomba City Council at acknowledge the extreme importance of local the moment, I refer to the corporate and government in serving local communities. The operational plans, which are an important part review of the Local Government Act of this Bill. The Toowoomba City Council has commenced in the National Party days. In entered an exciting phase in the development fact, they produced the initial Green Paper. of plans just at the time that this Bill has been The review has continued under this brought before the Parliament. Toowoomba Government. The draft was produced in April has adopted a strategic plan. It is designed to 1992, so indeed there has been a long time lift the profile of Toowoomba. Even though the for consultation and review. I understand that, city received much publicity about three or four generally, councils and council officers are in years ago when the Sydney Sun-Herald voted agreement with this Bill. it the No. 1 city in which to live in Australia, the Some of the major changes included in aim of the council’s corporate plan is, amongst this Bill are, in particular, the method of voting other things, to lift the profile of Toowoomba in at local government elections where optional the public and private sectors to encourage preferential voting will be used for single development to Toowoomba, be it member wards or, as will be the case in Government or private. With that development Toowoomba, it will be first past the post where will come an increased number of jobs. We there are multi-member systems. Next year in see a subtle change in the way in which local Toowoomba, eight councillors plus the mayor government is operating these days. It is are to be elected. gradually moving away from simply being rates, roads and rubbish to also providing Also included in this Bill is the system of some of those very necessary ambiences in using only two funds in the accounting the lives of people in the city. systems of councils—the trust and working accounts, and by-laws will become local laws. In the area of regional development, The Local Government Department will be some great meetings have been held through producing a set of model local laws which will EDROC. A lot of interaction exists between a be of assistance to many councils. There has major city such as Toowoomba, which is been much talk about joint local government, surrounded and served by shires such as the which is the terminology used in this Bill. That Jondaryan Shire, Cambooya Shire and is a method of encouraging councils to work Rosenthal Shire. Recently, EDROC has together where they can. A good example of conducted two studies that were funded by this is EDROC, the Eastern Downs Regional the Federal Government. Organisation of Councils. One of the limiting factors in the area of Tonight, I will speak about the Toowoomba and the Darling Downs is the Toowoomba City Council, which serves a city supply of water. Toowoomba is a major city. of some 84 000 people and the surrounding Other than Canberra, it is the biggest regional population. It has a budget expenditure of city in Australia. It sits some 2 000 feet up on $93m. That is one of the major budgets in the the top of the Great Dividing Range, so it has Toowoomba area. In the 15 years that I have to lift its water; whereas, most other cities lived in Toowoomba, it has had four mayors. receive their water via gravity. It has to bring its Three of those mayors have been quite water from areas outside of its own council famous people. The late Nell Robinson was area. To the west of Toowoomba, the Murray the first female mayor in Australia. Nell was Darling system has its head waters in the well known for her passionate support of Condamine system. At the moment, all of the Toowoomba and in particular her publicity of water in the Condamine is used completely for the Garden City image and the Carnival of flood irrigation in the Brookstead and Dalby Flowers. She had a great desire to keep rates areas. as low as possible. She was followed for a It is becoming very difficult for the shires brief time by the late Jack Duggan, who was a surrounding Toowoomba, and indeed former Deputy Premier of Queensland. He Toowoomba, to find places to provide was followed by Clive Berghofer, who was additional water for the future. The city is mayor for over a decade. Clive Berghofer had growing rapidly, and as the shires around it the dual role of being not only the Mayor of grow, there is a need for water for future Toowoomba but also the member for development, not only urban development but Toowoomba South for some five and a half also industrial development. Recently, we saw years. The current mayor is Alderman Ross the major meatworks at Oakey, which is Miller, who is bringing his own particular flair to owned by Nippon Ham, sink a mammoth bore Toowoomba. seeking a large supply of water so that it could 30 November 1993 6242 Legislative Assembly expand the work force and the operations at Recently, in my electorate, a group of people Oakey. Water is going to be one of the limiting applied to the Toowoomba City Council to factors for the entire region unless greater have their precinct declared a heritage water supplies can be found in the future. precinct. The council is giving consideration to Fortunately, at the moment Toowoomba that application in this town plan review. is well served with water and probably will be Also, the council has undertaken a for the next 20 years, due to the development community needs assessment, which has by the Toowoomba City Council of the looked at matters such as transport Crestbrook Dam to the north of the city, which infrastructure in the city, the developments of is the third dam that serves the city. The State Government regional centres and the village-type developments in the surrounding various needs of the people. An important shires place an ever increasing demand on undertaking by the council recently has been that water supply. They are developing in the appointment of a community development areas such as Highfields, and townships such officer. Miss Jane Archbold, who has taken as Kingsthorpe, Gowrie, Meringandan, over that position, has done an outstanding Wyreema and Cambooya. Little villages, job already. Also, recently, the council which years ago were the centre of rural appointed an Aboriginal liaison officer to assist areas, have become extremely popular in liaison with the growing Aboriginal because they have a school, a hotel, a shop, community in Toowoomba. So there has been churches, a police station and a post office. a commitment by the Toowoomba City They are only 15 or 20 minutes’ drive from Council not only to the capital infrastructure Toowoomba. They can provide cheaper but also to the character of the city and to the quality land, and much of the growth is now needs of the people. I know that the mayor taking place in the satellite areas around the also has a very personal interest in developing city. So it is extremely important for the within the city a centre for youth, possibly on Toowoomba City Council and the surrounding State Government land located near the shires to work together to plan the future railway line. I referred to the community needs resources for these developing communities assessment. One interesting point to come and the sharing of facilities between the out of that community needs assessment is councils. an estimation that by the year 2006, about 60 Toowoomba is situated on the edge of per cent of the dwellings in Toowoomba could the south-east Queensland growth triangle, be housing sole persons, such as aged which is sometimes referred to as the people, couples without offspring and single Tweed/Tewantin/Toowoomba triangle. parents. So it is obvious that careful planning Toowoomba is no doubt going to share in the is going to have to be put into the type of growth of that south-east Queensland area. housing and the accommodation style that is However, Toowoomba will always retain its required in this major regional city. own individuality and it will always be an The Toowoomba City Council has been independent city. It will not be reliant upon working closely with the regional offices of the that south-east Queensland corner. At the State Government. Toowoomba has become moment, Toowoomba is growing at the rate of very much an area of State Government 2 per cent, which is a good steady growth that regional centres, such as Health, Education, always occurs in the area. The surrounding Environment and Heritage, Transport, and so shires are growing in the order of around 4 per forth. I am pleased to note that, in the moves cent. The city council believes that a 2 per to develop a new community health centre in cent growth is a manageable growth, but now Toowoomba, the Minister for Health has is the time to develop into the city some agreed to meet with the mayor to discuss the ambience and a greater deal of amenities community needs of the siting of that centre within the city. and also some other plans that the council Consequently, the Toowoomba City has in mind. Council has moved to have a Toowoomba Indeed, it has been an exciting time in inner-city character study completed. At the Toowoomba. Last weekend, Myer announced moment, it also has under way a review of the that it was going to proceed with a $100m town plan. That review is going to be very redevelopment of its shopping complex in important as the city moves from a place that Margaret Street. This redevelopment will has been famous for its colonial-style housing create 600 jobs during the construction phase to a city with a large number of units, and, ultimately, 400 jobs within the shopping Paddington-style townhouses, duplexes and complex. The Myer complex in Toowoomba is so forth. So quality of life will be an important regarded as one of the most profitable Myer element as this town plan review takes place. stores in Australia. Accompanying this project Legislative Assembly 6243 30 November 1993 will be a $22m inner-city redevelopment by the under way. That art gallery will probably Toowoomba City Council. It has been become one of the most significant regional interesting to look at the phases of galleries in Australia. It will contain the city development of Toowoomba in recent years. collection, the Gould collection and the Lionel Over the past decade or so, Toowoomba has Lindsay collection. achieved great things in infrastructure—in At the same time, the Toowoomba City roads, in an adequate water supply and in an Council is considering a very ambitious project adequate sewerage system. When one to develop an aquatic centre. Toowoomba, considers that Toowoomba sits on top of a renowned for its cool, crisp and fresh weather, range and the sewerage is pumped into a tiny is not always the place for swimmers. creek that eventually becomes part of the However, there is great interest in swimming, major Murray/Darling system, along with water, not only for young people but also for senior sewerage is one of the very difficult problems swimming clubs, and the council plans to that Toowoomba has to deal with. develop an indoor heated pool complex on Following this phase of infrastructure the site of the present Olympic pool. At the development, which has not only developed same time, these projects are going to be roads, drains and a water supply but also has linked by precincts. There will be the need for equipped the council well with machinery and the acquisition of a small amount of land in has seen an enormous development of the inner-city area, but all of those projects will parkland with thousands of trees planted, we be linked by treed, landscaped precincts. They have really moved from that stage to a stage will link up not only with the facilities but also at which the council is moving to put within the with significant areas of parking. city, particularly within the CBD area, those It is important to consider some aspects community facilities that a great city such as of local government. This Bill focuses to some Toowoomba should have. In other words, they extent on the need for a corporate and are introducing into Toowoomba the sort of strategic plan. Many local governments have pizzazz, ambience and inner-city feeling that now been going for approximately 130 or 140 Brisbane experienced some 10 or so years years. They have completed much of the ago when it developed facilities such as South major capital works, and it is time to produce Bank, the inner-city mall and the quality of life for their citizens as well as first- developments that occurred along the class infrastructure and facilities. I have Brisbane River. Among these proposed mentioned the special need for water in developments in Toowoomba—some of which Toowoomba. During 1992-93, a campaign by have commenced under that $22m the Toowoomba City Council actually saw allocation—will be a community centre, which water usage in the city drop from 13.6 is something Toowoomba has not had for gigalitres to 12.9 gigalitres, which represented many years. It has had many small halls, a saving for the council of $130,000. That was church halls and community halls, but it has for the council the driest year on record. not had a major community centre that can draw big crowds and allow major expositions There are some matters that will probably and displays to be staged in the city. That be dealt with during the Committee stage, but community centre is planned for the council at this stage of my speech, I want to mention square, which is bounded by four of the main one or two of them. With council elections inner-city roads. coming up next year, because this Bill has over 800 clauses, I think that there is certainly Also, the council is looking at going to be a need for a summary of the Act, redeveloping the famous Empire Theatre. It is perhaps produced with the assistance of the now owned by TAFE. If negotiations are Local Government Training Council. In fact, successful, it will be able to redevelop that many smaller councils will probably need theatre. Once, it catered for thousands of some assistance and training through that people at a time. I believe that something like council to enable them to make proper use of 2 000 people could be seated in that the full potential of this legislation. Some of magnificent complex. That theatre will be the good points within this legislation are the redeveloped and, hopefully, in conjunction introduction of the mobile polling booth, which with the University of Southern Queensland, I know will be appreciated in Toowoomba, Toowoomba will become one of the education especially at the three major hospitals. There centres in Australia, if not the centre, for the is some concern about what will be required development of acting and live theatre exactly by councils in regard to equal production. opportunity—whether it will be a definite Redevelopment of the art gallery in percentage system, or whether it will simply be Toowoomba in the old SWQEB building is 30 November 1993 6244 Legislative Assembly the need for a policy regarding the recruitment “The present Local Government Act process to be put in place. was introduced in 1936, when the This Bill also deals with the right of entry principal focus of local government was to premises. I know that the Toowoomba City on providing basic community Council is interested particularly in the infrastructure and property-related forthcoming animal protection legislation, services. Whilst these functions are still because it feels that, particularly where there crucial, there is a growing expectation are problems with dogs, the expertise that councils should play a greater role in generally lies with the dog catcher, or with the the social, economic and environmental dog catchers seconded from the Royal wellbeing of their communities. There is a Society for the Prevention of Cruelty to desire for councils to build better Animals, rather than with the police. It is often communities in all senses—not just the a grey area in which neither party is sure of physical.” their rights, who should enter and how. I must say that I concur with those sentiments. In conclusion, I make the comment that Mr Mackenroth: What about the mega rates are probably the biggest cost impost that cities? families have to face. I think that most Mr SPRINGBORG: I will come to mega members of this Parliament would agree that cities in a moment. The Minister should stick when the rate notices are circulated, that is around because I have 19 minutes left. Some the time when we receive most complaints people might lament that this Bill will impose from our constituents, even though rates are a extra burdens or responsibilities upon local local government matter. Despite advertising authorities, or local governments as they will campaigns and the placement of valuations in be known when the Bill is passed. I believe it public places, problems seem to arise is important to call them local governments because people—especially those who may because the term gives recognition to the role be disadvantaged by increases in that local councils play in society and in local valuations—do not really know what will communities. happen. It is probably not possible to notify all I mention briefly that in my electorate, the people of changes to valuations through the local councils assist football clubs and provide mail. However, I think there must be a better grants and low-interest loans that can be way of publicising the valuations. The repaid over a number of years. Recently, the Government should look into that so that all Stanthorpe Shire Council debated whether people are aware of the cost increases in that council should get involved in making a relation to their rates. substantial contribution to a raceway project As I said earlier, this Bill generally has the by providing a low-interest loan over many support of councils and council staff. I join with years. As the Minister may be aware, the other members of the National Party/Liberal Stanthorpe Shire Council will be visiting him on Party Coalition in supporting the Bill and I 10 December to discuss the issue of hope that, ultimately, it will be of benefit to pensioner units. The council has a substantial Queensland local governments and the sum to put towards the construction of communities that they serve. pensioner units and will be calling on the Minister to provide additional funding. The Mr SPRINGBORG (Warwick) council has thought about this issue long and (11.01 p.m.): Tonight I rise to participate in the hard. It has balanced the greater cost of debate on the Local Government Bill—— repairing the existing units against the cost of Mr Campbell: And to speak to the Bill. constructing new units, which would probably Mr SPRINGBORG: I rise also to speak to be cheaper. the Bill. I will make a few comments at the The role of local governments is outset. First of all, I wish to refer to the last changing, and I believe it is appropriate for paragraph of the first page of the Minister’s local governments to take on a variety of second-reading speech. issues because, as other speakers have already said, local government is the closest Mr Mackenroth: Just a moment—the first level of government to the people. That is not paragraph on the last page? just a corny catchcry; it is a relevant issue and Mr SPRINGBORG: It is the last something to which all honourable members paragraph on the first page. I apologise to the could relate, based on their experiences of Minister. I concur with the sentiments driving around council areas in their expressed by the Minister, who stated— electorates and meeting council representatives. Legislative Assembly 6245 30 November 1993

As all other speakers in this debate have sewerage fund in Stanthorpe. I am concerned paid tribute to local authorities, I also pay about the ability of people at the lower end of tribute to those that are situated in my the socio-economic scale to pay. By and electorate, namely, Warwick, Rosenthal, large, the Stanthorpe Shire Council has Allora, Glengallan, Stanthorpe and Inglewood. managed to keep the cost down to The various aldermen, councillors and staff of approximately $200 annually. I believe that those local authorities have assisted me over the provision of a CED would improve basic the past four years as the member for infrastructure and service in that town. Carnarvon and as the member for Warwick As I have done on previous occasions, I over the last year. By and large, my pay tribute to the Minister for advancing to the relationship with all of the people concerned Glengallan Shire Council $700,000 towards has been quite good, even though we may the construction of a CED scheme. By and have had some minor disagreements over large, I think that that new system will provide fundamental issues, such as the great planning opportunities and opportunities amalgamation of local authorities. I welcome for future expansion for the town. There can the recent announcement made by the be no doubt about that. The other night, I Stanthorpe Shire Council that it will hold public attended a function and spoke to a resident of meetings right throughout the area to put Killarney who said that he would vote against together a new town plan. Some councils in amalgamation in the forthcoming council poll, this State that do not have a town plan are which has since proved to be a little bit working on it, and it must be said that the obsolete after the release last Friday of the councils that have not been guided by a town Local Government Commissioner’s plan are experiencing some planning recommendations. The person I spoke to said problems. I wish the Stanthorpe Shire Council that the council would have to be voted out the best of luck in putting together its new because it had given the town a CED scheme strategic plan. that people did not want. Sometimes, people I turn now to comment on the are a little bit slow in moving with the times. implementation of two programs in two towns Nevertheless, I can understand their concerns. in my electorate, namely, Wallangarra and However, when one considers that vacant Killarney. I have no doubt that the Minister blocks in the town are taken up by absorption would be very familiar with the problem of the trenches, one can see the sense in adopting common effluent drainage system. For the a new system. benefit of the uninitiated members of this I turn now to the issue of local Parliament, I point out that the system is put government amalgamations to which I in place in areas that do not quite have referred briefly in this House as recently as a sufficient resources to be able to construct a couple of weeks ago. I know that some fully-fledged sewerage system. Instead, all Government members are also concerned houses have a septic system that is about this issue. I wish to quote from an article connected to a common drain. In this that appeared in today’s Courier-Mail . I have Parliament, one frequently hears members heard this article quoted once already during talking about wanting to progress and plans this debate. The headline states, “Cooloola’s that should be made for the future. It is first council elected. Poll to stop confusion.” interesting to talk to people who live at The article goes on to quote the new mayor, Wallangarra because although a CED is Councillor Adrian McClintock. greatly needed in that area, probably 90 per cent of the people would be against it. Mr Mackenroth: The “Chairman”— since 26 March. Earlier, the honourable member for Gregory mentioned night carts. Up until a year Mr SPRINGBORG: Okay, the Chairman, or so ago, 40 per cent of Wallangarra’s Adrian McClintock. He advised other councils households still relied on night soil facilities. who are resisting amalgamation to accept that Even though there were health problems the Government is committed to reform. The caused by septic tanks and effluent seeping article states— into backyards and onto the streets, “ ‘We thought we would make the particularly in the wet weather, there was still a best of it by taking control of the process’, reluctance on the part of those people to take he said. on board a new scheme because of the cost. ‘I think there is very little to gain from I have made approaches to the State opposing it because it tears the Government for assistance, and the Minister community apart and, in the end, there for Primary Industries said that the new will still be a boundary change.’ ” system should be put in with a general 30 November 1993 6246 Legislative Assembly

I think there is very little doubt about that the charter that was laid down. He said to the because of what I have seen in relation to people involved, “Forget what the Minister, Rosenthal, Allora, Glengallan and Warwick. Tom Burns, has said. We are going to forge Since early 1990, members of some of those the whole process for this area. Forget the councils have fought vigorously against cooperative arrangements.” Those proposals for amalgamation. By and large, cooperative arrangements were not since that time about a half a dozen people considered at any stage of the amalgamation have approached me and have said that they proposal for Warwick, Glengallan, Allora and are in favour of amalgamation whereas Rosenthal. hundreds, if not thousands, of people have The options were taken away one by one come to me and said that they are against it. until, at the end of the process, the only There is no doubt, as the sentiments option remaining was option five, which expressed by Chairman McClintock make proposed slight boundary changes and the clear, that this Government is committed to formalised cooperative arrangements being the reform process, so much so that the whole put in place. Obviously, that option did not set of processes undertaken by EARC, the meet with the approval of the Local Parliamentary Committee for Electoral and Government Commissioner. As a result, Administrative Review and the Local expanded option four was formulated, which Government Commissioner have been a great included Allora in the proposed big waste of time and a great big waste of amalgamation. When the reviewable options public money. statement was formulated, that option was not People can forget about the fact that the considered. However, as options two and Government says that it very much wants to three were slowly knocked off—which consult people, put in place cooperative proposed the amalgamation of some of the arrangements, and sit down to get the best local authorities—it was proved that the result. At the end of the day, if the Minister proposed amalgamation disadvantaged the believes in amalgamations, it might have rural areas. As a result—whether it was for been just as good to have gone straight in political expediency or for the purpose of and amalgamate the shires in the first place. fulfilling some philosophical agenda—the total When one considers all of the remonstrations, amalgamation option was advanced. all of the approaches, all of the delegations, Consequently, there was huge public all of the time, effort and money contributed outcry. A meeting that was held a couple of by the people concerned, it is obvious that it months ago in Allora was attended by half of has all been done for a wasted cause. Some the ratepayers of that shire. Eight hundred local authorities spent hundreds of thousands people turned up to demonstrate against the of dollars in presenting cases against proposed amalgamation. An unofficial poll amalgamation. was conducted, to which almost every person Mr Bennett interjected. in the shire responded. The results of that poll Mr SPRINGBORG: In addition to that, it indicated that in excess of 95 per cent of has virtually been a requirement of the whole people were opposed to amalgamation, but process to engage consultants who do not public opinion was still ignored. come cheaply. Councillors do not get very Mr Bennett: Were the for and against much from a consultant for less than $30,000 cases both put? or $40,000, and that is where a lot of the Mr SPRINGBORG: The people were money has gone. Many people are asking aware of the for and against cases, because why that was necessary, because in many they were outlined in the newspaper and at cases the consultants got it wrong. the public meeting. The people had the A year or so ago, I said in this place that opportunity to answer “yes” or “no” to it is a pity that the Local Government amalgamation, and they were overwhelmingly Commissioner was not in place in early 1990. opposed to it. The same applied in Rosenthal The then Minister, Tom Burns, stated that the and Glengallan. I dare say that, if a similar poll Government was committed to a process of were conducted in Warwick, similar results consultation and to working cooperatively with would be obtained. The issue would probably local authorities. One could hardly expect not be as cut and dried, but the people would everything to be mediated overnight. After certainly be opposed to amalgamation. three years, some bitterness and some We have now reached the stage at which problems were still evident. However, when the Local Government Commissioner has the Local Government Commissioner began released his final recommendation. Basically, this process, I think that he basically ignored he has said, “We are not going to take any Legislative Assembly 6247 30 November 1993 notice of the people; we want to see the recommendations on plant, jobs and similar amalgamation proceed.” The commissioner items? Nobody can say to a new council, has reviewed some of the figures from the “Look, you men and women have to abide by consultants’ report that he included in his the pledges that have been made.” Further preliminary report and which were wrong. The down the track, I believe we will find that the consultants outlined in a document that was commitment to keep the suboffice in Allora will over an inch thick the areas in which their go out the window. figures were inaccurate. They have rectified Another step should have been taken in some of those inaccuracies, but problems still this process. After he made the preliminary exist. recommendation, the Local Government The Local Government Commissioner Commissioner should have sat down at a has changed the internal boundaries of the round table conference to discuss the options proposed Warwick shire. I ask the Minister: so that the problems could be identified. That what authority does the Local Government did not occur. Some of the matters that I have Commissioner have to change the internal pointed out will come back to haunt the boundaries? I know that he has some Government and the Local Government authority to change non-reviewable matters, Commissioner. Although I am not against but how wide is that authority? In one of the change, I am certainly against change in such divisions, the commissioner has reduced from a forced and irrational way. six to four the proposed number of councillors. This process has taken three years. It has I wonder whether that is within the authority caused great bitterness and great hardship in provided to the Local Government those areas. People have come into my office Commissioner under his own Act and under on the verge of tears. One could say that the Local Government Act. those people are overemotional, but the fact Some of the other problems evident in is that people feel very strongly about their the final recommendation from the Local local authorities. Many members cannot relate Government Commissioner include an to that concept. undercalculation of the savings on the I want to refer to a couple of matters that allowances and payments made to were raised earlier in this debate. One was councillors. Even though there will be fewer raised by the member for Sunnybank, Mr councillors than are elected at present, Robertson, who referred to the old idea, “If it is because it is a larger local authority, more not broken, do not fix it.” The member for meetings will be held and, in some cases, Sunnybank stated that the Local Government there will be many more demands on those Commissioner rebutted that concept in his councillors. There seems to be an annual report. That reminds me of an undercalculation of those savings, which are experience that I had recently in New Zealand. advanced as one of the main bases of the I sat on a plane next to a former member of recommendation. Some of the plant savings the New Zealand Parliament. As all members are dubious. The performance targets are are aware, New Zealand politicians tend to be constantly being changed to achieve the dry economic rationalists. They believe in the desired result. philosophy that I am about to outline. I said, The savings that would be made by a “Look, why play around with the dairy board in rationalisation of the workshops do not add New Zealand? If it is not broken, do not fix it.” up. As a result, a 25 per cent contingency has That fellow said, “If you do not try to fix it, you been added to the calculations. In the original do not know whether it is broken.” That is the preliminary report, it was stated that $35,000 philosophical problem that we face here. The would be saved from the Allora administration Government believes that it can forge ahead. building. However, it was not taken into It intends to amalgamate some local account that the library and the senior citizens authorities and change local authority were based in that building. As a result, an boundaries. At the end, the Government added cost is involved in expanding the library claims that it will come up with some wonderful facilities so that people can at least access a new scheme and better planning, and it will all fundamental level of service in Allora that lead to better local government. I do not would otherwise be provided in the hub of the believe that that will be the case. Warwick shire, Warwick City. Earlier in this debate, one member stated I pose another question to the Minister: that similar controversy does not apply to the what binds the new council to stick by the alteration of State electoral boundaries and commitments that are laid down by the Local Federal electoral boundaries as applies to the Government Commissioner regarding alteration of local electoral boundaries. I do 30 November 1993 6248 Legislative Assembly not doubt that. As I stated earlier, it is a totally who was tragically killed in an accident while different issue. People interact differently with he was chopping some timber. John was a local government members compared with highly regarded member of the community State and Federal members. Many people are and was the type of person who would jump in unaware of the State and Federal tiers of and get things done personally. If trees fell government, but they certainly are aware of down in a cyclone, he would cut them out of the shire council in the middle of their little the way himself. He was that sort of a fellow. area. People will fight fervently for those To get back to Bill Laver, I will do my best councils. They are very grateful for the to talk him out of retiring. He is very much the services that they provide, even though patriarch of the area and very much the sometimes they may wish that they could establishment of Mudgeeraba. He was born change. and raised there. As I understand it, he is the Another thing that I would like to talk third generation of the Lavers in the area. It about is the issue of local authorities being the will be a very sorry day when he leaves the so-called breeding ground for National Party Albert Shire. I mention also that the Albert politicians. I do not believe that that is the Shire councillors are not paid a salary. As a case at all. I know in my electorate that active result, most of them do their jobs from a Labor Party members, National Party community point of view and they all work very members, Liberals and even Democrats are hard. members of local authorities. I relate to them Mr Bennett: What about meeting fees? very well and I never have a political problem. One should go about those things Mr CONNOR: They do receive meeting constructively. Over the past couple of years in fees, but they do not receive a regular salary. this Parliament, I have seen appalling Most of them are involved in other activities in instances of Government members setting which they would earn much, much more. about a deliberate process of destabilisation Turning to another issue that relates to and disruption over a so-called tory or the Albert Shire, I quote from the Electoral conservative local authority. and Administrative Review Commission’s I have tried to work collectively and report on local authority external boundaries closely with my local authorities. I cite the dated November 1991. It is a very important example of Stanthorpe, where there is a very issue. The Albert Shire covers the whole of the good councillor, Councillor Michael Bathersby. hinterland of the Gold Coast. From a State He stood for the Labor Party against me. He is electoral boundaries point of view, the shire an outstanding councillor. We get on quite covers the electorates of Bob Quinn, the well. I would say that we are reasonably good member for Merrimac; mine as the member friends. My job as a State member of for Nerang; and John Szczerbanik, the Parliament does not overlap with his job, and I member for Albert. In November 1991, those do not interfere with or go about lambasting boundaries were reviewed in great detail by him, nor does he with me. That is the way in EARC. On page 119 of the report, clause 6.84 which the system should operate. It is one of states— the saddest things that has happened in this “The Commission finally notes that House. the whole area south of Logan City may Time expired. need to be reconsidered by an on-going boundaries review mechanism but Mr CONNOR (Nerang) (11.21 p.m.): I rise perhaps not until the conclusion of the to speak to the Bill but, more particularly, South-east Queensland 2001 process. about the local government in my electorate, This process may stimulate mechanisms the Albert Shire Council. That council is for more effective co-operation in the responsible for the hinterland of the Gold area and any boundary review should Coast. The chairman is Bill Laver. I pay tribute await this outcome. Albert Shire, for to Bill and the councillors of the Albert Shire example, has raised the possibility that Council. Bill Laver has been vacillating on population trends in the area may justify whether he will retire from the Albert Shire the creation of a new LA south of Logan Council. As I understand it, he will retire. City in the foreseeable future.” However, I will make one last-ditch effort to try to talk him out of it. I also pay tribute to Ray That report came down as part of RPAG, Stevens and Merna Franklin, who are local but the Minister has not made any public divisional councillors within my electorate. statements about his views on the external Honourable members might remember that boundaries of the Albert Shire Council. I ask Merna Franklin is the widow of John Franklin, the Minister to tell honourable members in his reply what his personal view is on the external Legislative Assembly 6249 30 November 1993 boundaries of the Albert Shire. I would like to chairman. As I understand it, we are moving know whether we should consider a new local to five divisions, in which effectively we will council at the northern end of the Albert have the amalgamation, with a few changes Shire—— in the boundaries, of the 10 into 5. There will Mr Mackenroth: If I was going to make be two councillors per division and it will be first those sorts of decisions, we wouldn’t have a past the post voting. Again, I have my doubts Local Government Commissioner to do it, on whether that is a more efficient way of would we? I am not going to do it myself. running the Albert Shire, because I wonder where the buck stops. If there are two Mr CONNOR: I wanted the Minister’s councillors, one obviously will always work preferred position. harder than the other, and we have the Mr Mackenroth: I don’t have a preferred possibility that one of the councillors will not position. That’s why we have a Local have that accountability. However, that is the Government Commissioner. If you want me to decision that was brought down. I am stuck go and make decisions, we’ll get rid of the with it and I will work with it. commissioner, I’ll go and do it and solve the whole problem. The thing that very much worries me is the prospect of running endorsed Labor Mr CONNOR: Could the Minister give me candidates for the Albert Shire Council. As I some idea of a time frame? understand it, four candidates will be Mr Mackenroth: I am just giving you my endorsed by the Labor Party to run in those idea—we will have an independent divisions. I put on record my total rejection of commissioner who will go and have a look at it that system. Bringing party political politics into and make recommendations to Government, the Albert Shire is not the right decision. It is and we will make our informed decision based going the wrong way. If any of those Labor on his report. candidates are successful, that will force either Mr CONNOR: Does the Minister have the Liberal Party or the National Party to run some time frame within which that report is endorsed candidates. As I understand, the likely to come down? Liberal Party and the National Party will not be running endorsed candidates in the Albert Mr Mackenroth: I wouldn’t ever try and Shire. That is not to say that there are not tell an independent commissioner how to members of the Liberal, National or Labor operate. Party on the council. The point is that they are Mr CONNOR: I was not suggesting that. not dependent upon that membership for their Mr Mackenroth: I don’t have a time position. The Liberal, National or Labor Party frame. They have a time frame. councillors are not endorsed, so they owe their Mr CONNOR: Is the Minister aware of allegiance only to their constituency; they do that time frame? not owe it to some faceless backroom men. Mr Mackenroth: Yes, he’s got the As far as I am concerned, if we move in recommendation and he will consider it in due that direction, we will not get the sort of course. representation that the hinterland of the Gold Coast deserves. What we will end up seeing is Mr CONNOR: Would it be before or after opposition for opposition’s sake. We will have the next council election? partisan political decisions, we will have Mr Mackenroth: That’s his decision. I’m grandstanding and we will have, by necessity, prepared to say he’s got 20 years if that’s an adversarial approach. We will have only what it takes. half the best people at any one time in Mr CONNOR: As the Minister can positions of control. As all honourable appreciate, in the hinterland of the Gold Coast members know, not all the best people in the and in the Albert Shire, it is a very important Parliament are on the one side. issue, as is the possibility of a forced Splitting up a small council which has only amalgamation with the Gold Coast City 10 members is not the right direction to take. Council. The Minister might like to state his Honourable members only have to look at preferred position on that possibility, too, but I what has happened in the Ipswich City Council doubt that he would. over the last six to 12 months to realise what I turn to another issue that relates to the happens when politics start to get too great a changes to the internal boundaries and the hold on local government. divisional system within the Albert Shire. I would like to quote from a few articles in Currently, the shire has 10 divisions with the Courier-Mail on the Ipswich Council over individual councillors in each division and a 30 November 1993 6250 Legislative Assembly the last few months. An article on 30 June Mr FitzGerald interjected. states— Madam DEPUTY SPEAKER: Order! If the “In May the Labor caucus which member for Lockyer wants to make a speech, controls the Ipswich City Council”— he can put his name on the speakers list. the Labor caucus controls it, not the Mr CONNOR: With respect to the Chair, I constituents, not the councillors— would like to take the member for Lockyer’s “expelled Ald Underwood over interjection. Obviously, references are made in confrontation with unions.” this legislation to political parties. On that basis, I would like to continue to speak about So what it comes down to is that the unions, party politics. through the caucus, are effectively running the Council. It further states— Madam DEPUTY SPEAKER: Order! I will not allow the member to continue in that vein. “Mr Kaiser said Ald Underwood had I think the member is drawing a very long bow. put at risk a career in the Labor Party I mention also that this aspect has been during which he had served in State covered before and the member will be boring Parliament and as the Mayor of Ipswich. “ and repetitious. If he continues in that vein, I What it comes down to is that, if councillors will ask him to resume his seat. want to try to look after the best interests of Mr CONNOR: As I was saying before, if their ratepayers, they basically have to put we start endorsing candidates, what we will their whole career at risk. That is what I am have is a council that is not representative of saying. There should be no party politics in its local constituency. The other aspect that I council. would like to look at is service delivery and A further article in the Courier-Mail on 1 value for money. When the ratepayers of the July this year states— Albert Shire gauge the effectiveness of their “The Australian Labor Party was councillors, I believe that will be the main poised to suspend or recommend criteria, that is, service delivery and value for expulsion of the maverick Ipswich mayor money. That is exactly what members of the Dave Underwood last night. Ipswich City Council were doing when Alderman Underwood tried to deal with the A party disputes tribunal meeting unions. There were union troubles at Ipswich continued late last night hearing charges City Council. As a result, the duly elected of disloyalty against Ald Underwood.” chairman, mayor, or whatever you like to call It goes on— him, was trying to deal with that. He was trying “Last month Ald Underwood was to allow the ratepayers of the Ipswich City expelled by the Labor caucus which Council to get good value for money. That controls the Council over confrontation was what it was all about, but he was not able with unions. to because he was overridden by the caucus. That was the reason for it. . . . I am saying that if the ratepayers of the However, it is understood the tribunal Albert Shire want to get good value for was considering suspending Ald money, they are far better off voting for Underwood’s party membership and Independent candidates, who will represent possibly recommending to its state them above all else, who do not have any council that he is expelled. political endorsement and who will do the job The disloyalty charge related to according to who voted them in, and in claims that Ald Underwood voted against accordance only with that. a caucus decision in the Ipswich City Mr Barton interjected. Council meeting. Then we find that Alderman Underwood was suspended for Madam DEPUTY SPEAKER: Order! The his disloyalty.” member for Waterford! Madam DEPUTY SPEAKER (Ms Power): Mr CONNOR: It will also mean that the Order! I do not believe there is any clause that ratepayers of the Albert Shire will get that makes this relevant to the discussions about value for money; they will get the lower rates. whether members have to be members of I would also like to pay tribute to the political parties or where that leads. If the Albert Shire Council for keeping the rates as honourable member can show me otherwise, low as they have through these difficult years. he should do so. If he does not, I will ask him As a result of the lack of partisan political to move on to something else or resume his representation in the Albert Shire, the rates seat. are far lower in that shire than they are in most Legislative Assembly 6251 30 November 1993 other shires. The service delivery and the There are basically two components to quality of the service that the ratepayers of the banking which involve the council. They are, Albert Shire are receiving can only be firstly, the normal day-to-day financial commended. transactions and, secondly, the investment of Hon. T. M. MACKENROTH temporarily surplus moneys. It is considered (Chatsworth—Minister for Housing, Local that there are no reasons of financial security Government and Planning) (11.39 p.m.), in or risk why a local government should not use reply: I thank all members for their support for a credit union or building society in either of the legislation. I would particularly like to thank these two ways. the Opposition for the support it has given As honourable members will be aware, tonight. A number of points were raised which the Queensland Government has played a I understand will be discussed at the leading role in the development and Committee stage. As I am so looking forward implementation of the new national uniform to moving into Committee, I do not intend to financial institutions scheme, which provides speak any further on that. for the prudential supervision of building Some other points were raised by societies and credit unions under the auspices members that may require me to write to them of the Australian Financial Institutions and answer them in detail, and I will do that. I Commission. Under these new arrangements, thank all members for their support for the building societies and credit unions are subject legislation. to prudential standards at least equal to and, in some instances, higher than those applied Motion agreed to. by the Reserve Bank to banks. As a result, there is a higher degree of security and Committee protection than ever before for depositors with these financial institutions. On that basis, Hon. T. M. Mackenroth (Chatsworth— action is currently being taken by the Minister for Housing, Local Government and Treasurer under the Statutory Bodies Planning) in charge of the Bill. (Financial Arrangements) Act 1982 to make a Clause 1, as read, agreed to. regulation that will permit councils, if they so Clause 2— wish, to invest temporarily surplus funds with a credit union or a building society. Mr MACKENROTH (11.42 p.m.): I move the following amendment— However, because of the legal interpretation placed on the term “bank”, as it “At page 47, after line 2— is used in the Local Government Act 1936, it insert— is not possible for a council to presently use a ‘• Part 3 (Amendments) building society or a credit union for its normal day-to-day financial transactions. To overcome ¥ section 804 (so far as it this difficulty, I propose to move three sets of relates to amendment of appropriate amendments to the Bill which will the Local Government Act define the term “bank” in the Local 1936) Government Act 1936 to mean a bank, ¥ Schedule (Amendments of Acts) financial institution or foreign society by virtue ¥ amendment of the Local of the Acts Interpretation Act 1954. The Government Act 1936’.” reference to “financial institution” will capture the use of credit unions and building societies. Members will be aware of the callous action This amendment will take effect from the date taken by some banks in closing their branches of royal assent and will enable those councils in small rural townships. At least 11 local that so wish to use a building society or credit governments throughout Queensland have union in their township for the day-to-day already been affected by this bank walkout. A transaction of their financial affairs. number of councils have said that they wish to try to maintain the provision of local banking This is an interim measure as, once the services by having either a credit union or a financial provisions of the Bill commence on building society commence operations in their 26 March 1994, it will be possible under the township. In order to provide a positive proposed local government finance standards incentive for this to occur, some councils have for a council to use a building society or a also indicated that they are prepared to switch credit union for its normal daily financial all their banking requirements to a newly transactions. The first amendment is to clause established credit union or building society. 2 of the Bill at page 47, after line 2. The intent is that the amendments to the Local 30 November 1993 6252 Legislative Assembly

Government Act 1936 will commence when believe that this is a good provision. For a long this Bill receives royal assent. time, when certain things have happened with Amendment agreed to. councillors, they have regarded themselves as having a certain immunity from any penalties Clause 2, as amended, agreed to. at all. This provision is long overdue, and I Clauses 3 and 4, as read, agreed to. welcome it. Some of the clauses that I will Clause 5— speak to tonight are not necessarily ones that I disagree with, but they are ones on which I Mr MACKENROTH (11.45 p.m.): I move feel I should comment. This provision is a the following amendment— good idea and I am certainly in agreement “At page 60, line 20— with it. This is one clause that I applaud. omit ‘lease’, insert ‘lessee’.” Clause 171, as read, agreed to. There are, I think, about six amendments that Clauses 172 to 177, as read, agreed to. I will be moving to the clauses which simply Clause 178— amend some typographical errors. Honourable members can see what they are by looking at Mrs McCAULEY (11.48 p.m.): The them. For instance, in clause 5 the particular subclause that I wish to discuss here amendment omits the word “lease” and inserts is the one that states— the word “lessee”. As honourable members will “A councillor cannot direct, and must appreciate, with a Bill of some 460 not attempt to direct, an employee of the pages—and it was prepared in a very short local government about the way in which time—there have been some very minor the employee’s duties are to be errors. It is mainly a typographical error. performed.” Amendment agreed to. I think it is probably more relevant in small Clause 5, as amended, agreed to. local authorities, but it often happens that councillors take it upon themselves to give Clauses 6 to 48, as read, agreed to. instructions to, for example, the grader driver Clause 49— in the backblocks or any member of the local Mr MACKENROTH (11.46 p.m.): I move authority. They seem to regard that as their the following amendment— right and as a proper course of action. I, for one, have never felt that way. I believe that is “At page 78, line 13— the wrong way to go. I am pleased to see that omit ‘legal’, insert ‘local’.” it is here in black and white, because it is not Amendment agreed to. fair to the employee and it is not fair to the chief executive officer who has the Clause 49, as amended, agreed to. responsibility for directing those employees. Clauses 50 to 170, as read, agreed to. So I am pleased to see that councillors have it Clause 171— clearly spelt out that they cannot dabble in this way as they have done previously. I do see Mrs McCAULEY (11.47 p.m.): I hesitate problems arising in large shires such as the to use up the time of the Committee at this Banana Shire, where councillors might be in a time of night, but, with legislation as certain area at the back of Taroom and the comprehensive as this, I think it is important grader driver might be out there also. I can that I speak on some of the clauses. When see problems arising there where they may honourable members consider that I will speak want to pull up and tell the grader driver that only on 20 clauses out a total of 804, they will he should be doing this, that or the other agree that I am not doing too badly. This Bill thing. I welcome this provision, and I think that requires that close scrutiny. This clause, which it is a good move. calls for the disqualification and vacation of office for certain offences, is a new provision. Mr MACKENROTH: I thank the member It applies to councillors—to elected officials— for Callide for her support. One point that has who contravene laws such as those excluding been raised with me tonight in relation to them from a meeting if they have pecuniary clause 178 is the instance in councils where interests, if they fail to fill out their register of there are chairpersons of particular interests properly, if they fill out false, committees. It was asked of me whether this misleading or incomplete electoral documents, would limit a chairperson’s ability to deal with and so on. They can be disqualified from people. For example, if a person was the becoming a local government councillor for chairperson of a health committee, would it three years if they are convicted of such an limit that person’s ability to deal with people in offence, although it is not a criminal offence. I relation to that? Legislative Assembly 6253 30 November 1993

Clause 178 needs to be read in realities that are out there, where councils may conjunction with clause 386, which gives the be opposed to their mayor. We will need to council, the local government itself, the ability see, after the next council elections when to delegate authority. It will be possible for the these provisions are actually in operation, how local government to delegate authority to a they operate and whether there are areas that chairperson of a committee to carry out the will need to be amended. We will look at those functions of the council. closely. It is an attempt to set out those roles. Clause 178, as read, agreed to. As I said, it is the first time that that has been attempted. Clause 179— Mrs McCAULEY: Does this mean that, if Mrs McCAULEY (11.52 p.m.): I have the Ipswich City Council situation were to occur pondered over this particular clause to see once this Bill becomes law, the Minister will whether I could think of any amendments that then act, because the mayor is unable to carry would change the way in which some councils out the role as defined in this legislation, and isolate their mayor. That has happened in the that the Minister would take steps to change Ipswich City Council. To a certain degree, it that? has happened in the Cairns City Council, where the mayor is of a different political Mr MACKENROTH: The situation that persuasion from the majority of the council prevails at Ipswich at present is completely members. However, it was mainly the Ipswich legal. All of the actions that have been taken City Council that I was thinking of, where the have been taken in compliance with the Local people elected a person to be the mayor but Government Act. With this new Act in he is no longer able, because of the actions of operation, the council would not be able to do the council, to carry out the functions of some of the things that it has done. If it had mayor. This particular clause says that the done that, of course, we would have to take mayor of a local government— action because it would have acted outside the law. We would have to wait and see what “ensures the appropriate representation in fact happened in any particular council of the local government at civic or throughout Queensland—in the 133 councils ceremonial functions.” or however many there are after the next I do not know whether Mr Underwood is still council election. able to do that. I believe that he is not; I Clause 179, as read, agreed to. believe that the deputy mayor has taken over those functions. This clause also says that the Clauses 180 to 185, as read, agreed to. mayor— Clause 186— “ensures the carrying out of the local Mr MACKENROTH (11.56 p.m.): I move government’s decisions.” the following amendment— That certainly has not happened. I do not “At page 129, line 23 (before know whether there is a way in which this can ‘superannuation’)— be changed so that that situation does not insert ‘voluntary’.” arise. People elect a mayor to do the things that they expect a mayor to do. In this This amendment is made at the request of particular case, the mayor is unable to do that the Local Government Association, which because of the actions of his council. I would asked a question about superannuation like the Minister to comment on that. I could benefits for councillors, and whether in fact, not think of a way around it, but I would like because of the Federal Government’s the Minister’s comments on it. superannuation laws, councillors would have to join a scheme if they did not wish to Mr MACKENROTH: This is really the first because it certainly would affect some people attempt that has ever been made to spell out who operated in private enterprise. We had a the role of the mayor in this way. If there are look at the way the actual clause was spelt ways in which the shadow Minister could lead out. It was our belief that councillors were not us to make it better, I would be pleased to required to join the scheme, but to make that hear them. In the consultation that we had very clear we have decided to add the word with the Local Government Association and “voluntary”. It is voluntary; councillors will not councils, nobody came up with a better have to join the scheme unless they so wish. definition than the one that we have here. We That has been done at the request of the have attempted to set out the role of the Local Government Association. mayor and the relative responsibilities that that person has. We will need to see how this Mrs McCAULEY: Does that mean that operates in terms of the actual political that problem that would be alleviated with 30 November 1993 6254 Legislative Assembly salary sacrificing arrangements does not have Minister for Local Government, to discuss this to be made if it is a voluntary system? If it is a very problem. voluntary superannuation scheme, they do I think that we need to really try to solve not have to join it, therefore they will not be that problem. We have given a commitment penalised if they are in business and have that we will consider trying to assist with the their own private superannuation package? problem by providing some answers through Mr MACKENROTH: It is only a portion of State legislation. I cannot give a commitment the response to the problem that they have. as to when we may have an answer to that In relation to salary sacrifice, we have given a problem. Perhaps we need to have some commitment to the Local Government more answers from the Federal Government Association that we will look at that further. before we will be in a position to know that. This issue came up almost at the completion Even if we can make a decision before next of the drafting of this Bill. There was no time to year’s council elections, even though the Act look at all the implications. We will look at the may not be amended, I would make that salary sacrifice proposals that the Local statement. As soon as we know what action Government Association has asked us to look we can take, I will make that statement and at. We have given it that commitment. This is make it known to councils throughout a small portion of the solution that it has Queensland. asked for. Of course, the other point is that these Mrs McCAULEY: The problem is that if schemes cannot come into effect until after the Minister does not look at it before the next the councils’ next budgets are brought down. election, a lot of people who are presently on They have to include them in future budgets, council will feel that they cannot serve not in the present budgets under which they because they are going to be very unjustly are operating. The current councils cannot penalised by not being able to declare their make the decisions. It will be up to the own private superannuation schemes as tax councils that will be formed after the election deductible. A lot of people are not prepared to to make the decisions as to whether or not take that extreme cut in their tax saving to they are in the superannuation schemes. continue to serve on councils. The Minister is Mrs McCAULEY: So the Minister will be asking them to make sacrifices that he would supporting the LGA in the position that it not ask normal workmen to make. Councillors wants Mr Howe to adopt? Do I take it that the are being asked to make that sacrifice without Minister will be supporting the LGA in talking that particular clause from the Federal to Mr Howe and getting him to see its point of legislation that covers them. It seems that the view? Federal Government has no intentions of trying to alleviate this problem concerning the Mr MACKENROTH: Yes, I am. The local authorities. In the local authorities in my problem is one which is, I think, very unfair to electorate, there are at least two small those councillors who have small businesses, businessmen who are thinking very seriously and who have their own superannuation about whether they will continue on in their scheme. To be penalised in the way they are role in council. It concerns me that we may for serving on a local authority is unfair, and I lose people who are very good in that role am prepared to support the Local simply because it is going to cost them money Government Association on this matter. to serve on councils. Amendment agreed to. Mr MACKENROTH: As I understand the Clause 186, as amended, agreed to. situation, the real problem that local Clause 187— governments have is not with the State Government but with the Federal Government Mrs McCAULEY (12.02 a.m.): This through its superannuation laws. We are clause deals with insurance of councillors. I attempting to help them with the problem that know that it is a clause that the LGA asked they have. The Local Government Association the Minister to consider putting in a broader not only here in Queensland but also right context, and he declined to do that. I am throughout Australia, is making rather surprised by that, because I know that representations to the Federal Government in the Legislative Assembly is looking at the an attempt to have the problem solved where insurance that covers State members to make it should be solved, and that is at the Federal sure that it is broad enough to cover the level. I understand that on Thursday this strange, weird and wonderful things that State week, the Local Government Association of members of Parliament are required to do, Queensland will be meeting with Brian Howe, such as ride camels and go-carts or fly in the Deputy Prime Minister and Federal aeroplanes. I believe that local councillors are Legislative Assembly 6255 30 November 1993 in much the same boat. They are the first port “at official functions organised for the of call for anyone who wants to hold a fun local government.” day, and who wants some fool to ride a I will give the Minister two examples: one camel, or enter a go-cart race. Councillors risk is where there is a charity race day at Banana life and limb. They are not covered to raise funds for the cancer campaign. Local comprehensively by this insurance and, quite councillors are asked to go to that function, frankly, if they are expected to perform those and compete in the main event of the day, sorts of duties, I feel that they should be which happens to be a camel race. A covered. councillor falls off and breaks his leg. Is he Mr MACKENROTH: Last Thursday, I covered? He is attending the race day spoke to the executive of the Local because he has been asked to attend as a Government Association and explained that councillor. The second example is if there is a the insurance for councillors is designed so scout jamboree in the area, and a whole heap that councillors are covered while they are of scouts are present. As the local fulfilling their roles. Clause 187 (2) refers to the representative, the councillor is asked to performance of the councillor’s role. Clause attend to open that jamboree and to 187 (4) gives some examples. It is not a participate in a fun event, which entails him complete list of what a councillor can and falling over and quite accidentally knocking out cannot do; it is some examples of what a a couple of teeth. Is he covered? It is not an councillor can do. If the councillor’s role in event for local government, but that councillor representing his or her council is to ride a is attending in a local government capacity. camel, that councillor will be covered. If the Mr MACKENROTH: If the member reads councillor is performing the duties that are clause 187 (2), she would see that it states required of him or her, as an elected “performance of the councillor’s role”. Quite representative, he or she will be covered. clearly, that role would encompass those However, the argument from some of the activities to which the member has referred. councillors is that they should be covered 24 The examples that are given in clause 187 (4) hours a day. I do not believe that those are simply examples that lead people in the councillors who also operate small businesses right direction. Certainly, the Acts should be covered 24 hours a day for Interpretation Act would allow anyone to pick insurance purposes. I do not believe that the up Hansard and see quite clearly what I am council should be covering them while they talking about, that is, that if a councillor is are operating their small businesses. For invited to a scout jamboree, to a camel race or example, if a councillor operates a garage, to a donkey race as a councillor, and he or that person should not be covered by the she is performing his or her role as a council for injury while that person is repairing councillor, that councillor would be covered. a motor vehicle for profit. That is the argument for extending the coverage to 24 hours of the Clause 187, as read, agreed to. day. As the clause is written, it covers Clauses 188 and 189, as read, agreed councillors in fulfilling their duties as to. councillors. It covers them while they are on Clause 190— their way to the council, or to any council function. It would cover them while they are Mrs McCAULEY (12.08 a.m.): I simply attending any conferences, or similar wish to register my opposition also to the functions. It gives them full coverage while deletion of the oath of allegiance. I feel that it they are performing their duties, and that is important that it be on the public record that really is their argument—that they should be I think that it is really the first step in the wrong covered for that. The argument was put direction. I believe that it is important that we forward very forcibly at the LGA Executive by retain that for the third tier of government. I Rob Akers, who is a former member of the consider that it is equally as important a tier of Legislative Assembly. He appreciates fully the government as the other two tiers. I guess advantages of the insurance scheme that that the next step will be that the oath of operates for the Legislative Assembly, and he allegiance will be deleted from the oaths that would like to see those provisions extended to members have to swear when they are sworn councillors. into the State House and the Federal House. I think that it is unfortunate that that oath of Mrs McCAULEY: I have misgivings about allegiance has been done away with. whether the functions I am thinking of are covered under clause 187 (4) (c), which Clause 190, as read, agreed to. states— Clause 191, as read, agreed to. Clause 192— 30 November 1993 6256 Legislative Assembly

Mrs McCAULEY (12.09 a.m.): Again, I ran as a Liberal candidate in the Waterford simply wish to add to the comments were electorate against my colleague Tom Barton. made by other speakers during the second- It is true that these candidates run as reading debate when they said that it was an Independents, but they are aligned with a excellent idea that councillors who have a political party. That fact cannot be denied and pecuniary interest in a matter must leave the it should be placed on the record. Other room while that issue is being considered or candidates who run for election for the Albert voted on. I have been present on so many Shire Council also say that they are occasions when the councillor concerned Independents. I have a whole list, and I can says, “I declare my interests”, and then sits go through it. Councillor Kleinschmidt is a there. That really does have an inhibiting member of the National Party, yet he runs as effect on a discussion, when members know an Independent. Councillor Ray Stevens in that they are really opposed to whatever it is Division 5 is a member of the Liberal Party, that is being proposed, but they have to live but he runs as an Independent. At the next with this person who is sitting next to them council election, he hopes to nominate for and listening to the discussion going on. It election as chairman. With the backing of Hy- seems unfortunate that this matter has to be Mix and the Liberal Party, he hopes to be the put down in writing, in black and white, but I chairman. Councillor Witham is a Liberal and am pleased that it is because it means that runs as an Independent. Councillor Handley no-one will feel in any way pressured simply by says that he is an Independent, yet he is a the presence of a person who has declared member of the National Party, and there is his or her interests. also Councillor Craig, who is also a member of Mr MACKENROTH: I thank the member the National Party. Those people do not deny for Callide for her support and inform her that their membership of political parties, yet they the member for Kurwongbah was very say that they are Independents. insistent that this provision be included. As a If those candidates were honest with the former councillor and member of my ratepayers of my electorate, they would parliamentary committee, the member for present their bona fides and reveal the Kurwongbah raised this point as we went political party to which they belong. They through this legislation, clause by clause. It should declare that they have views that are was added as a result of a suggestion made aligned to the particular party. They call by her, and I thank her for that suggestion. themselves Independents, yet the member for Clause 192, as read, agreed to. Nerang said earlier that there should be no political parties involved in local authority Clauses 193 and 194, as read, agreed elections. That is all lies, and it is outrageous to. that he should say that. Independent Clause 195— candidates use their party affiliation to be Mr SZCZERBANIK (12.11 a.m.): I do not elected to council. They are not being honest wish to deal with this clause at length, but the with the ratepayers in Albert if they do not register that is referred to in it concerns me. It declare their political party membership. For a is about time a register was included. Earlier, long time, councils have been used—— the member for Nerang referred to A Government member: And abused. Independent candidates running for council Mr SZCZERBANIK: Councils have been elections. In my electorate, the practice used and abused as an arena for breaking amounts to a misrepresentation of the truth candidates into a fully-fledged political career. because the candidates say that they are The late Russ Hinze is a good example, Independents and that they belong to no because he was an Independent and a political party. I can inform the Committee that National Party member who was elected to Bill Laver has announced his National Party the Albert Shire Council and who then went on affiliation. He has been a member of the to State politics. The furphy about National Party for 20 years but is only now Independents that is being spread by the saying that he is a member of the National member for Nerang is in fact a lie, in my Party. It is wrong for people to be elected to a opinion. Local government elections are used council by saying that they belong to no by people to break into a political career. If the political party and do not represent a political candidates to whom I have referred cannot be party’s views when voting on issues that come honest with the ratepayers up-front, then they before the council when that is not the case. cannot be honest with them at all. In Albert, Councillor Hackwood said that Mr MACKENROTH: While we might he was an Independent when he ran for support some of these Independent people, election, yet in the State election in 1992 he Legislative Assembly 6257 30 November 1993 the register of interest will allow these The TEMPORARY CHAIRMAN (Mr Independent people to actually put down the Bredhauer): Order! political parties to which they belong. It will Mrs McCAULEY: Members opposite are actually be a requirement. obviously not interested in hearing the point Mrs McCAULEY: It seems that there is a that I am trying to make. They obviously have bit of confusion about a person who belongs closed, tiny minds and see the whole thing as to a political party but chooses to stand for a devious political plot. I can assure members local government election as an Independent. opposite that it is not, and that they are Some people seem to think that those people wrong. are automatically bound by a political party, Mr SPRINGBORG: I drew the attention of that they have to toe the party line and be honourable members to this point earlier dictated to. I make it very clear that there is a during the second-reading debate. The big difference between people filling out the comments by the honourable member for register, as Bill Laver does, and stating that Albert have offended me a little bit. When I they are members of the National Party, and rose in the House, I pointed out that the six people who are endorsed members of the local councils in my electorate had members National Party. of various political parties as council I do not think that there are any endorsed representatives. I can say with the utmost members of the National Party standing for confidence that, without a shadow of doubt, local government election in this State. Quite those people—such as the Labor frankly, the National Party is not interested in representatives of the Stanthorpe Shire funding people to stand for local government Council, Michael Bathersby and Neal Sullivan, elections, but Government members are trying who were both endorsed Labor Party to say that because a candidate is a member candidates in the past—conduct themselves of a particular party, he or she must be bound in an extremely independent way. I do not by the rules of that party. I do not agree with believe that they are influenced by party policy that at all. Members opposite are quite wrong. or party dogma. Mrs Woodgate interjected. Mr Beattie: We are not saying that, Mrs McCAULEY: That is exactly what the anyway. member for Albert was saying, and it is also Mr SPRINGBORG: Yes, Government what all the other little echoes are saying. members are. The clause contains that Members opposite are trying to make out that inference. I have no problems with those a person who is a member of a political party people putting their names on a register and and who chooses to stand as an Independent saying that they belong to a particular political is somehow standing as a member of that party. I do not have a problem with that, but party, but that is not true. Members opposite the problem I have is the inference that must grasp the concept that there are people people who are members of a political party who are members of political parties and who automatically follow political party dogma. That choose to view local government in an non- is not the case. political way, which is the best possible way. A Government member: Yes, it is. They want to stand for election as genuine Independents. I remember very clearly when I Mr SPRINGBORG: My experience has was a member of this Parliament and also a been that those people have acted in a non- member of the local council. When I stood for political and non-partisan way. It is about time the State election in 1989—— that members of this Parliament started to understand such matters and stopped playing Mr Barton interjected. politics. It should be realised that these people Mrs McCAULEY: The member should be are capable and perform their tasks very well. quiet and listen. I had some how-to-vote cards Mrs WOODGATE: I believe that printed. When they came back from the local Opposition members are missing the point. printer, I noticed that he had put on the The Bill does not make a point about whether bottom of the card, “Your Independent or not a person is endorsed. It simply provides Candidate”. I did not put it on there; the fellow that the voters have the right to know what who printed the cards did, because he political party a candidate belongs to because believed that I was a genuinely independent they want to know about the philosophy of the candidate. I was never told by the National person they are supporting. The Bill is not Party how I should vote in local government saying that political party membership has to matters, and I would not do that anyway. be declared because it means that a Government members interjected. candidate will have to toe that political party’s 30 November 1993 6258 Legislative Assembly line. The Bill is saying that it should be subcommittee had approved its release. I recorded in the register as a courtesy to voters think it was a case of, “You have left me off who have every right to know the philosophy the committee, so I will release the of the candidate and whether that is ALP, information.” Under the present Act, no National or Liberal. There is an Independent penalty applies in such a case. However, and there is an independent, and there is a under this legislation, I imagine that a penalty big difference between the two. could be imposed under clause 1 (b), which Mr Beattie: And that does not mean that refers to harming the local government, or they are bound by the political party. under clause 2 (b), which refers to information that the local government wishes to keep Mrs WOODGATE: They are not bound. confidential. But what happens if the mayor The Australian Labor Party has had believes that a particular matter should be candidates who have stood as Independents. raised because the local authority is not doing They are not bound by the political party, but the right thing—as occurred in this case? Who voters have a right to know about their rules on that? I know it is a grey area. philosophy. However, in the case of a mayor and a hostile Clause 195, as read, agreed to. council—as we discussed earlier—that mayor Clause 196— could well have information that he intends to release but which may contravene this Mrs McCAULEY (12.21 a.m.): I require section. If the councillors approach the some clarification on the part of this clause Minister and say that the mayor has done the that refers to “a person permitted by law to wrong thing, who will decide whether that is have access to information”. Does that mean right or wrong? that a person must apply to a magistrate to obtain information? Mr MACKENROTH: They would not come to me, because I cannot impose a penalty. There is another part of this clause that They would go to court. We are talking about concerns me. There is obviously a difference the improper use of information—not having between the register of interests for elected released some information, as the Mayor of officials and the register of interests for CEOs Cairns did recently. That is the important and other nominated staff. It seems that issue. One could choose an example and ask, protection is provided to relatives of elected “Is this an improper use, or is it not?” In that officials and staff of a local authority, because instance, if the council had made a decision to their register of interests is not allowed to be take action, it would need to prosecute the printed in the media or widely publicised. I matter through a court. It is not something want to clarify that point. Is it correct that that I or anyone else could decide. However, elected officials can have their register of we are attempting to include in the legislation interests splashed all over the place, but their a provision that it is an offence to improperly relatives and the staff of a local authority use information that is available to councillors. cannot? I believe that provision is worthy of inclusion in Mr MACKENROTH: That is correct. The the legislation. same provision applies to members of Clause 198, as read, agreed to. Parliament, because only their interests may be published. The interests of a member’s Clauses 199 to 212, as read, agreed to. spouse or family may not be published. Under Clause 213— clause 196 2 (b), “a person permitted by law to Mr MACKENROTH (12.26 a.m.): I move have access to information” refers to the CJC the following amendment— or the police, who are permitted by law to have access to information. “At page 142, line 11— Clause 196, as read, agreed to. omit ‘by’, insert ‘of’.” Clause 197, as read, agreed to. This amendment merely corrects a typographical error. Clause 198— Amendment agreed to. Mrs McCAULEY (12.23 a.m.): Recently, a case arose in which the Mayor of the Cairns Clause 213, as amended, agreed to. City Council, Kevin Byrne, who was not a Clauses 214 to 218, as read, agreed to. member of a particular subcommittee, Clause 219— released some findings of that subcommittee. Apparently, various sites were being Mrs McCAULEY (12.27 a.m.): On a considered for a particular proposal, and he recent visit to Toowoomba, a matter was released that information before the raised with me by the Toowoomba City Legislative Assembly 6259 30 November 1993

Council. Over the Christmas holiday period, in this State since then. It was implemented that council was in the midst of a by-election many years ago in the City of Brisbane Act, to fill the vacancy created when Clive and we are extending it to the rest of the Berghofer retired. The council was having State. immense difficulties with the two-month time- Clause 286, as read, agreed to. frame. It seems to me that such a case would occur only rarely. However, as the Christmas Clauses 287 and 288, as read, agreed school holiday period extends for eight weeks to. and some people go away for six of those Clause 289— weeks, it could be difficult to hold a by-election Mrs McCAULEY (12.31 a.m.): I within the required two-month period. I believe mentioned this in my speech earlier in the that a mechanism should be put in place night, and the Minister did not take me up on whereby the Minister could declare a special it, so I will reinforce the point. I am quite case and allow for a three-month period, or serious about this matter. For the clause to whatever period he deems appropriate. Under exempt someone in advanced pregnancy is this legislation, the Minister has no leeway in an anachronism. If the Government were to that regard. I bring that case to the attention conduct a poll tomorrow of young women of the Minister, as similar circumstances will no going past in the street, they would all say that doubt be encountered in the future. they would not consider that that was a Clause 219, as read, agreed to. disability that would stop them from getting to Clauses 220 to 285, as read, agreed to. a polling booth any more than it would be a disability to have a hangover, one leg or a bad Clause 286— back. It will not cause them to implode the Mrs McCAULEY (12.28 a.m.): The minute they get into the ballot box. In this day Opposition opposes electoral visitor voting and age, I feel that it is totally unnecessary. arrangements for local government elections. Mr MACKENROTH: That is not the It does not apply to Federal elections, and I reason for the inclusion of that provision. It is do not believe that it should apply to local not that the woman is going to implode if she authority elections, either. It will be a darned goes inside the polling booth, as the member nuisance, because many councils could apply said. The provision has been inserted so that to have all votes cast by post in order to avoid a woman who is in an advanced state of this problem. This would create hassles in pregnancy and who believes a week before some shires. As the member for Burleigh the election that she may very well give birth pointed out, there are some remote shires within the next week can have a declaration around Boonah, Beaudesert and the back of vote because she believes that she may be the Gold Coast. Electoral visitor voting will be a unable to go to a polling booth on the big headache for those local authorities. Saturday. If some time early on the Saturday Mr LAMING: I support the remarks by the morning she were to go into labour, she would member for Callide. I draw the attention of the not be in a position to say, “On the way to the Minister to the section of the Bill dealing with hospital, I will stop off and vote” or, “I will go to declaration voting, which covers two aspects hospital and have the baby and then I will go of electoral visitor voting. I query the necessity out and vote later in the afternoon.” The to introduce electoral visitor voting when those provision is there. It has been in the State two aspects could be much more easily Electoral Act for a long time so that a woman covered by postal voting. who is in an advanced state of pregnancy has Mr MACKENROTH: Electoral visitor voting the ability to vote before election day if she applies in this State. Wherever possible, we believes that there is a possibility that she have attempted to incorporate in the Local could be giving birth on the Saturday. Government Act the arrangements that apply Mrs McCAULEY: That explanation at the State level. Electoral visitor voting is a makes perfect sense to me. I thank the procedure that people understand. I found it Minister for that. amazing that, during the debate on the Clause 289, as read, agreed to. second reading of the Bill, National and Liberal Party members claimed that electoral Clauses 290 to 308, as read, agreed to. visitor voting is wrong. In 1972 or 1974, Clause 309— members of those parties implemented Mrs McCAULEY (12.33 a.m.): I make electoral visitor voting and claimed that it was this protest about clause 309 on behalf of all the most modern way for aged people and of the returning officers who were, in years people with disabilities to fulfil their voting gone by, able to start counting votes after 10 obligations. Electoral visitor voting has existed 30 November 1993 6260 Legislative Assembly o’clock on the day of the poll. From now on, deciding applications made to it they will only be able to check that those votes under that Act; or’.” are valid and will not be able to start counting The Opposition feels that paragraph (g) them until after 6 p.m. Many returning officers does not cover subdivisions comprehensively. in many local authorities that have full postal We feel that omitting that paragraph and ballots will find that a grave inconvenience. inserting this one will cover it adequately, or They have already complained loud and long we hope that it will. The paragraph talks about about it. I do not see why the provision was rezoning or development of land but it does changed. I know that it is to bring it into line not talk about subdivision under a planning with what happens on the State and Federal scheme. scene. The provision should have been left as it was. I am simply registering my protest Mr MACKENROTH: I accept that the about it. It would not make any difference at amendment as moved by the member for all if the returning officers could get the Callide more adequately covers the areas counting over and done with, starting at 10 under the Planning and Environment Act. I o’clock, as they have been used to doing, am prepared to accept the amendment. instead of having to wait until 6 o’clock at Amendment agreed to. night. Clause 377, as amended, agreed to. Clause 309, as read, agreed to. Clauses 378 to 394, as read, agreed to. Clauses 310 to 312, as read, agreed to. Clause 395— Clause 313— Mr LAMING (12.39 a.m.): I referred to the Mrs McCAULEY (12.35 a.m.): I know purchasing policy in the proposed Local that this provision was in the old legislation, Government Act and asked whether it under which the returning officer must decide included any preference clauses for local on a casting vote which candidate is elected if suppliers, State suppliers or Australian the candidates are neck and neck. It has suppliers. I would like the Minister’s comments happened before. It has happened in my on whether such a provision is intended to be electorate. The shire clerk was put in the included or whether it is somewhere else in position of having to decide for whom to vote, the legislation but I have not seen it. I would and one of the candidates was his wife. like to know what the intention is in that Mr Mackenroth: Easy decision to make, regard. if he wanted to go home that night—vote for Mr MACKENROTH: We have put the his wife. principles governing the making of contracts Mrs McCAULEY: Exactly. Most people into the legislation. They are exactly the same would understand that. What a terrible as those principles that cover the State. That position for him to be put in. What a terrible is the way that it is intended to operate, and position for any clerk to be put in, particularly that is the way that it will operate. living in a small town, to have to make such a Clause 395, as read, agreed to. decision. It would be better if they put the Clauses 396 to 407, as read, agreed to. names in a hat and drew them out. That provision should have been changed. It puts Clause 408— the returning officer, who is usually the shire Mr MACKENROTH: (12.40 a.m.) I move clerk or the town clerk, in an invidious position. the following amendment— I wish to register my protest about it. “At page 229, line 10 (after ‘exercise’)— Clause 313, as read, agreed to. insert ‘of’.” Clauses 314 to 376, as read, agreed to. Amendment agreed to. Clause 377— Clause 408, as amended, agreed to. Mrs McCAULEY (12.37 a.m.): I move the Clauses 409 to 429, as read, agreed to. following amendment— Clause 430— “At page 216, lines 18 to 19— Mr MACKENROTH (12.41 a.m): I move omit proposed paragraph (g), insert— the following amendment— ‘(g) any action to be taken by the local “At page 237, line 26— government under the Local Government (Planning and omit ‘bank’.” Environment) Act 1990, including This is the second of the amendments relating to the bank issue. Deletion of the term “bank” Legislative Assembly 6261 30 November 1993 from this clause will leave it clearly open to prettiest annual report. What we are looking spell out the requirement in the local for is content, and if they look to the annual government finance standards that separate report of the Department of Housing and bank accounts must be kept for the operating Local Government for this year, I think they will fund and the trust fund and that the term see that it is a very good guide, because it is a “bank” includes a bank, financial institution or very good photocopy. foreign society. Clause 447, as read, agreed to. Amendment agreed to. Clauses 448 and 449, as read, agreed Clause 430, as amended, agreed to. to. Clauses 431 to 446, as read, agreed to. Clause 450— Clause 447— Mr MACKENROTH: (12.44 a.m.): I move Mrs McCAULEY (12.42 a.m.): I simply the following amendment— wish to register my strong support for this “At page 245, line 8— proposal to have an annual report that sets omit ‘for’, insert ‘to’.” out a whole host of details for people to oversee. While local government is a very Amendment agreed to. open level of government and the meetings Clause 450, as amended, agreed to. are open and the decisions are usually well Clauses 451 to 475, as read, agreed to. documented, I believe this annual report will fill in any gaps there may be in the accountability Clause 476— of the local government. Mrs McCAULEY (12.45 a.m.): I see I do have a small concern about the cost problems with this particular clause in that I of this accountability and whether or not it is think it is overkill. I believe very strongly that if going along with the corporate and people are elected to be on a local authority operational plans, etc., and the other registers and make decisions, then they should make that have to be kept, whether it will require those decisions. If they make the wrong more staff to be put on and whether the decisions, they will not be re-elected. In this percentage of the total budget devoted to case they have this process of consultation administration will rise. I suspect that it might. not only on the proposed law that is being put By the same token, I believe that once the forward but also on the policy. Quite frankly, I hard work is put in in the first annual report, it just think it is overkill. I think it will make life will probably be relatively easy in future. much harder for councillors. They are there to make decisions. I have concerns about this I particularly agree with the aim of putting particular clause. down particulars of remuneration paid to councillors during the year—all of those sorts Mr MACKENROTH: The basis of this of details—plus the details of the number of requirement where a law is proposed is for the meetings attended by each councillor, council to go out to the local community. The because in this way people will be able to look local community needs to know what the local at that annual report and see whether or not authority is doing. At present, there is a their councillor is performing. It will not be a requirement in the Act for local authorities to matter of whether they have a councillor who advertise by-laws for planning schemes for 21 gets headlines for every controversial matter days and under the Planning and that arises. It will be a matter of: do they go to Environment Act to advertise them for 28 these meetings, are they being paid for them, days. So the local laws that we spell out in this and do they actually turn up and do the work? Local Government Act are also going to apply to planning schemes under the new Planning Mr MACKENROTH: I think the annual and Environment Act when it is brought in report certainly is a good idea as a record of next year. They also will be local laws, so there the council’s activities, and also as a will be a situation in which a whole strategic requirement for it to put down in writing what it plan for an area will appear and there will has been doing and what the councillors have need to be consultation with the local been doing. I think the point raised relating to community, as there is now, just the same as costs is a very valid one that we need to be when a by-law is created now there is a need very careful about, and I think all local for it to be advertised to give people the authorities need to be similarly careful. I opportunity to object. There is a need for that certainly hope that this requirement to have consultation with the community. annual reports will not lead to a situation in which we have a competition between local Mrs McCAULEY: I can just foresee a authorities to see who can produce the case where if a law concerning cats or dogs, 30 November 1993 6262 Legislative Assembly or the number of such animals that people find out where this person was. Then we could can have on their premises, etc., is proposed, serve a notice of intention to fence. But if a that could tie up a council for months while it person had the opportunity not to have that consulted with the community, because those information made available, we would not be are most controversial issues, as are issues able to find anybody to pay for half the fence. such as the number of roosters that can be So there is a need for it. But there are, as I kept and whether indeed they can be kept said, other ways for people to access that within the town limits. Those three problems information. Even if we deleted this element, are ones that I know have caused a great easy access to this information is available at deal of discussion in many local authorities for the Titles Office. a considerable number of years. Clause 591, as read, agreed to. Clause 476, as read, agreed to. Clauses 592 to 610, as read, agreed to. Clauses 477 to 516, as read, agreed to. Clause 611— Clause 517— Mr MACKENROTH (12.52 a.m.): I move Mrs McCAULEY (12.47 a.m.): I just wish the following amendment— to say briefly what a great idea I think it is that “At page 312, line 4— it will be mandatory for councils to have road maps and registers. I have eight local omit ‘and’, insert ‘or’.” authorities in my electorate; some of them Once again, it is an amendment to correct a have road maps, some of them do not. I am typographical error. talking about road maps that can be sold to Amendment agreed to. people. It is the most tremendous boon for people such as me and for tourists. It is Clause 611, as amended, agreed to. something that all local authorities should do. I Clauses 612 to 702, as read, agreed to. am pleased to see that they will have to do it Clause 703— in future. I think it is a very forward-looking step. Mrs McCAULEY (12.53 a.m.): This is a clause about which I received a large number Clause 517, as read, agreed to. of complaints, because elected officials felt Clauses 518 to 590, as read, agreed to. that their power was being usurped. I was Clause 591— pleased to see the saver in subclause (3) that the local government may decide that it, Mrs McCAULEY (12.48 a.m.): I have a rather than the CEO, is to appoint employees concern about Part 4 of this particular clause, to fill particular senior executive positions. That which says that a person may otherwise subclause was inserted to make those people inspect a land record on payment of the fee happy. A lot of councillors quite rightly felt that decided by the local government. What if the their role was being usurped by the provision owner of that land does not wish to be that only the CEO could employ other people. recorded in this land record? I know that if a For example, the engineers and the shire person really wants to be incognito and does clerks in a lot of local authorities are really on not want to be on the electoral roll, their name an equal footing. In the final analysis, the clerk can be blotted out. I have a concern on this is obviously the boss, but they consider issue if people have to record their name and themselves to be on an equal basis. address and they cannot use a nominee. This matter has been raised with me. It is It would be much better all round for the something I had not thought of, but it has local authority—the elected officials—to been raised with me. Some people like to appoint the engineer rather than having the disappear. They might be running away from shire clerk appoint the engineer. That could alimony payments and so on. They do not lead to problems. There are often personality want to be known; they do not want to leave clashes and rivalry between those two people. any traces for people to find. To have the engineer reporting to the CEO is probably not as smart as having him report Mr MACKENROTH: If we were to amend through the CEO to the council. When they the clause to remove this element, anyone raised those objections with me, I felt that they who wanted to find someone could simply go were relevant objections. I am pleased that to the Titles Office and ask for a name search saver is in the legislation. I am sure that 99 of any property that any person owns. There is per cent of councils will follow that and appoint a need for this clause in the Act. For example, their own senior staff rather than have their we may want to build a fence, and there may CEOs do it. be an absent owner on the property next door. We could go to the local authority and Clause 703, as read, agreed to. Legislative Assembly 6263 30 November 1993

Clauses 704 and 705, as read, agreed insert— to. ‘LOCAL GOVERNMENT ACT 1936 Clause 706— ‘1. Section 3(1)— Mrs McCAULEY (12.55 a.m.): I simply insert— wish to record my dismay that this clause is in the Bill. I believe it is an overkill. I know it is ‘ “bank” includes a building society, credit probably something that the CJC union or foreign society; recommended. When we have to keep a “foreign society” has the meaning given register of the persons to whom we are by the Financial Institutions (Queensland) delegating responsibilities, it becomes slightly Code;’.” ridiculous, as the member for Tablelands This is the last of the amendments relating to pointed out in his speech. It is on a par with the bank issue. The Local Government Act the ID card proposal further on in this Bill—that 1936 is being amended to define the term is, that ID cards must be provided for “bank” to mean a bank, financial institution or employees. ID cards in some small local foreign society. I would like to thank the authorities are an absolute nonsense and a Opposition for its support and positive words total joke. This particular register is in the during the debate on this legislation. It was a same category. very lengthy Bill to put together, and it has Mr MACKENROTH: The honourable taken a long time. Mr Cooper spoke about the member for Callide has hit the nail right on the fact that it was started when he was the head: it was a recommendation of the CJC. Premier of Queensland, so it has taken a long Clause 706, as read, agreed to. time to get here. It has had a lot of support from quite a number of people. I thank the Clauses 707 and 708, as read, agreed Opposition for its support—not only for its to. words of support for the actual legislation but Clause 709— also for ensuring that it goes through tonight. Mrs McCAULEY (12.56 a.m.): I would Amendment agreed to. like some clarification on this clause. For Schedule, as amended, agreed to. example, if a councillor asks for help or advice from an employee of the local authority, that Bill reported, with amendments. employee must tell the CEO about the requests as soon as is practicable. Surely if Third Reading the clerk or the CEO were away at a conference and a councillor needed some Bill, on motion of Mr Mackenroth, by advice, he could get it without having that leave, read a third time. employee ringing the CEO wherever he was in the country to say, “Councillor Brown has been ADJOURNMENT in touch with me, and I am just reporting in.” It smacks a bit of espionage and intrigue. Is it Hon. T. M. MACKENROTH another CJC recommendation? (Chatsworth—Leader of the House) (1 a.m.): I move— Mr MACKENROTH: Clause 2 allows the chief executive officer to make the guidelines “That the House do now adjourn.” under which the staff operate. I refer the honourable member to an earlier clause which Media Independence she supported. Councillors should not be directing the staff of councils. This clause Hon. N. J. TURNER (Nicklin) (1.01 a.m.): ensures that that does not happen. It is a Today, I alert the House to a very serious further mechanism whereby we ensure that matter. It is the matter of a political conspiracy the councillors are not going around the back that strikes at the very heart of Queensland door. But there is still provision for them to democracy. Simply put, it is a conspiracy by request advice, and that advice can be given. the Goss Labor Right faction to destroy media independence in Queensland. There is Clause 709, as read, agreed to. increasing evidence that the Goss Labor Right Clauses 710 to 804, as read, agreed to. apparatchiks have infiltrated the highest levels Schedule— of editorial management in media organisations in order to do the Premier’s dirty Mr MACKENROTH (12.58 a.m.): I move work. Recent events suggest that no media the following amendment— worker or personality is safe from the corrupt “At page 439, after line 18— vigilance of these ring-ins. However, while the 30 November 1993 6264 Legislative Assembly media ring-ins do the dirty work, it is apparent Mr SPEAKER: I will check, and the that the Premier, his close friends and senior honourable member can make this speech on political cronies are leading the conspiracy. another occasion. I think that that matter has Many concerned citizens must surely gone to the courts, and I think that is the wonder whether this hypocritical Goss Labor safest way to go about it. Government will stop at nothing in its crazed ambition for absolute power. The Spirit of the Outback machinations of the Goss media manipulation unit are well known to Queensland reporters. Mrs WOODGATE (Kurwongbah) This Government is extremely intolerant of (1.05 a.m.): On Friday, 19 November, I had criticism. There can be no doubt that all the pleasure of travelling on the inaugural courageous, independent-minded journalists service of Queensland’s new passenger train, are on this Government’s hit list. Honest the Spirit of the Outback. This train, which reporters live in fear of the Goss Labor Right travels from Brisbane to Longreach, replaces affiliated managers and editors. These days, it the Midlander which previously had travelled takes a great deal of courage, if not from Rockhampton to Longreach. In the past, recklessness, to accurately report the political persons wishing to travel from Brisbane to facts in Queensland. However, all the Longreach by train had to travel to despicable media antics of the Goss Labor Rockhampton on the Spirit of Capricorn or the Right pale into insignificance compared with Capricornian and thence by the Midlander to what they have achieved with former Longreach. Now, with this new service, people Queensland 7.30 Report presenter Pamela who board the train in Brisbane do not have to Bornhorst. change trains at any point along the route. However, unlike the Midlander journey, the Mr SPEAKER: Order! I have to seek new service will travel the outback during advice, but I think that that matter is before daylight hours, allowing passengers to enjoy the civil courts. If it is, then it is sub judice. The the scenery. It will arrive at Longreach at 7 matter is before the courts. p.m., or 24 hours after leaving Brisbane. Mr TURNER: I am speaking about the The Spirit of the Outback will operate independence of the media and it so happens twice per week and, if the inaugural service that it relates to what has happened was any yardstick, it will prove to be an concerning Pamela Bornhorst. outstanding success not only for those people Mr SPEAKER: Order! The sub judice making the trip but also for the people in all convention is quite clear. It does not matter the towns along the route who will benefit with whether it is a civil matter before a civil court. I the resultant tourism bonus that surely will will not allow the honourable member to follow the opening up of this great service. discuss the matter of Pamela Bornhorst. That The Spirit of the Outback departed Roma is my ruling. Street Station at 7 p.m. and was preceded by Mr TURNER: My opinion differs from a typical outback send-off. Official guests, yours, Mr Speaker. media representatives and paying guests alike Mr SPEAKER: I do not think that the were all entertained by the sight of “Captain honourable member will win, but he may Starlight” on horseback charging down the discuss it. Does the member wish to take a platform at Roma Street. point of order? I agree with Queensland Rail in that this Mr LINGARD: I rise to a point of order. It newest tourist train will provide a major tourism has always been stated that, unless a date for boost to the outback and will tap into the a hearing is set down, quite obviously the culture and heritage of one of the growth matter is not sub judice. Otherwise, anyone areas of the Australian tourism industry. This could initiate such an action to prevent new train will continue Queensland Rail’s drive debate. Mr Speaker, unless you can actually into the tourism and travel market, which stipulate that you know of such a date, then already features services such as the surely it is not sub judice. Queenslander and the Spirit of the Tropics with its Club Loco disco car. Mr TURNER: I insist on going on with it. I believe that I speak for all passengers Mr SPEAKER: I am still seeking the on the inaugural service in congratulating the advice of the Clerk. Minister, David Hamill, Commissioner Vince Mr TURNER: I will table it and take it as O’Rourke, and senior Queensland Rail read. personnel such as John Angel and John Zantiotis for the success of this newest tourist Legislative Assembly 6265 30 November 1993 attraction. Deputy Premier Tom Burns and my undertaken by Queensland Rail. The train parliamentary colleagues Peter Beattie and speaks the language of the outback with Vaughan Johnson travelled on the train and stories about the colourful characters and the all were loud in their praise of the new tourist rural and mining industries which comprise its service. rich heritage. Some of the features of the train The support of the country people living are the Tuckerbox Dining Car, the Stockman’s along the route was evidenced by enthusiastic Bar and Captain Starlight’s Car. The interior welcomes in each of the towns at which we designer, Denise Corcoran, has done herself stopped. Those towns included Rockhampton, and Queensland proud in her coordination of Gracemere, Emerald, Barcaldine and a theme which reflects the colour and feel of Longreach. Special mention must be made of Australia’s outback. The meals were first class the delightful children’s bands from St. and I doubt whether better fare could be Patrick’s Convent school in Emerald as well as found at many leading Brisbane restaurants. the Barcaldine State School in Barcaldine. One word of warning for any future would- Without wishing to single out any specific be travellers. Do not leave the train at town for special mention, I could not let the Bogantungan. It is not a scheduled stop and it occasion pass without offering a special is not a pretty sight to see a Minister of the thanks to all those townspeople who turned Crown and a Railways Commissioner trudging out for a magnificent welcome and display at approximately half a kilometre to a kilometre Barcaldine. The Spirit of the Outback to catch up with the train. remained in Barcaldine for one hour, during I strongly recommend this latest addition which time all passengers were escorted by to Queensland tourism to all honourable troopers on horseback and shearers from members. It is certainly true that trains do take bygone days to the Australian Workers’ the tension out of travel. I suggest that Heritage Centre for a marvellous taste of honourable members who wish to get away outback hospitality. from it all for just a few days remember that I understand that tour packages being Queensland Rail saying: “Take it easy—Take put together at the moment by Queensland a Train.” Rail will include visits to the Stockman’s Hall of Fame, three nights’ accommodation at a Building Industry working sheep and cattle station and other rural heritage and cultural attractions, such as Mr CONNOR (Nerang) (1.10 a.m.): I rise the birthplace of Qantas and Waltzing Matilda. to speak on the building industry in One outback experience involving the Spirit of Queensland. I will do this by comparing three the Outback provides for a coach tour recently released reports: the September package to Barcaldine, the home of the Tree quarter Queensland Economic Review, of Knowledge and the Australian Workers’ prepared by the Queensland Treasury, the Bis Heritage Centre, and then to Blackall for a Shrapnel report on building industry prospects guided tour of its Historical Wool Scour. of October this year, and the economic review by the quantity surveying company, Rider One thing I must say is that I believe that Hunt. There are some fundamental much of the success of the inaugural service differences between these reports, but there was in no small way due to the staff on the are a number of points that are consistent. Spirit of the Outback, who worked tirelessly to Firstly, I would like to quote from the Bis ensure that everybody on board, including Shrapnel report, which states on page 7— official guests and the media, enjoyed a memorable weekend. The clientele was from “The strong activity levels in a wide cross-section of society. In fact, one Queensland”— familiar face on board was one Gough this is to do with dwelling commencements in Whitlam, former Prime Minister of Australia, Queensland— and another gentleman whom I was pleased “are being driven by strong levels of to make the acquaintance of described interstate migration which probably himself as a “lowly fettler from Glasshouse”, a exceeded 52 500 in 1992-93. However, dedicated employee of Queensland Rail, a Mr the 47 000 commencements in 1992-93 Quirk, who, like myself, was loud in his praises are significantly above our estimates of for the new Spirit of the Outback. the underlying demand of approximately In a recent press release, Minister David 35 000 dwellings per annum over the five Hamill was quoted as saying that the years to 1998. This suggests that the $900,000 Spirit of the Outback project was the market is likely to retract in 1993-94. The largest single refurbishment program ever 30 November 1993 6266 Legislative Assembly

forecast is for an 8% decline in 1993-94 Queensland will peak at around 52 000 in to 43 500.” 1993-94, up from around 50 000 in 1992- The report states further— 93.” “The downturn is expected to be The Budget papers are based on a concentrated mainly in private other continuing growth of total migration to dwelling commencements in Brisbane Queensland whereas quite clearly Bis where the possibility of an oversupply has Shrapnel is predicting a sharp fall in interstate developed. The remainder of south-east migration and a fall in overall migration to Queensland (the Gold and Sunshine Queensland. If the Treasurer continues to Coasts) is expected to continue to grow present only part of the picture, as he did in moderately.” his ministerial statement to this House this morning, it will give the wrong message to the It goes on further to state on page 4— marketplace, and we could perpetuate this “The underlying demand forecasts oversupply situation. It is better for the industry are based on an assumption that the net to know what is going on than to be presented inflow into Queensland will moderate to with only part of the story. 33 000 per annum by 1994-95, while in This morning, the Treasurer presented Victoria, the net outflow is assumed to only the fact that the non-dwelling side of the return to a normal level of 15 000 per industry was expected to grow. The fact that annum.” he did not mention that the report states that It also shows that estimated net interstate the overall industry was likely to decline—and migration is likely to fall this year from 52 500 he was quoting from the very same report—is to 38 000. Bis Shrapnel is saying that totally irresponsible. That is the reason for my Queensland’s housing industry has been speaking in this debate. If the Treasurer is doing very well, especially in Brisbane, as a going to quote those figures, he should be not result of the massive interstate migration. be playing so much politics with them. He However, it is also saying that this financial should be responsible, and present a fair year it is likely to have a massive turnaround picture of what is going on. from 52 000 to 38 000, with a further fall to 33 000 next year and that, as a result, Queensland is likely to have a substantial Mr and Mrs N. Thonemann downturn of 8 per cent in house building. It is Mrs BIRD (Whitsunday) (1.14 a.m.): I saying that that will be as a result of fewer wish to draw the attention of the House to the people leaving Victoria and New South Wales. inflexible Federal legislation that has deeply Bis Shrapnel also went on to say that the fall affected the lives of a family living in my in housing activity in Queensland will be made electorate. The legislation pertains to the up with a growth of 8.6 per cent in Victoria and Department of Immigration and Ethnic Affairs, 7.1 per cent in New South Wales. and its unmoving, inflexible attitude which has There is a similarity in the Treasury deeply affected the quality of life of decent document which, in the overview on page 3, people, and which has affected them in a way states— that is not only totally unacceptable for a Government department but also totally “State Budget forecasts imply that unnecessary. some weakening in the dwelling sector is likely in early 1994.” Oonagh McCabe, an Irish citizen, and Australian-born Nicholas Thonemann were So the Treasury document is sounding a married in England in 1991. While in England, warning note. I also remind the House and the they had a daughter, Rebecca, who is now Treasurer that, earlier this year, Alan Midwood four years old. In May 1992, owing to from Rider Hunt was suggesting that there redundancy in Mr Thonemann’s employment, was an oversupply beginning in some sectors the family returned to Australia to take up a of the housing market, especially in Brisbane. job opportunity here. Mrs Thonemann did not Probably one of the more worrying obtain a residency visa while in England, as aspects is the differences between the she was advised by the Australian Embassy at Treasury’s Queensland Economic Review, Bis the time that that type of application takes Shrapnel and Access Economics, and that about four months to be processed, and that appears on page 28 of the Treasury she could apply for residency when she document, which states— arrived. So she entered the country on a “State Budget forecasts are based visitor’s visa shortly after her husband had on the assumption that total migration to arrived here. Legislative Assembly 6267 30 November 1993

Mr Thonemann received his skipper's bear the cost of medical tests and treatment qualifications in the United Kingdom. that Mrs Thonemann has needed, despite the Unfortunately, his qualifications are not valid in fact that the father of the child is an Australian Australia, and he could not take up the and holds a Medicare card. position that he was offered until he had The costs that the family have incurred so completed various courses, which he has now far runs into thousands of dollars—money that done. Those courses are quite expensive, and the Thonemanns do not have. As a non- the family had a very hard time paying for Australian, they have to pay $400 per day for them, especially as Mr Thonemann was Mrs Thonemann to stay in hospital during and unable to obtain full-time employment. after the birth of the baby. Those costs do not To add to their concerns about money, in include any procedures that may need to be March 1993, Mrs Thonemann became taken if the birth does not go smoothly. pregnant with their second child. This normally Two weeks ago, Mrs Thonemann wrote a happy family event has been marred forever letter to the Prime Minister of Australia, Paul by the ordeal that they have had to endure in Keating, appealing to him to reconsider the order to keep the family together. Since their decision made by the Department of arrival, they have faced financial difficulties Immigration and begging him, in her case, to owing to the employment situation. For a few waive the stringent guidelines. It seems to be, months, they had to live with Mr Thonemann’s at the very least, a great shame that this parents in order to save the $780 that was family cannot enjoy the birth of a new child, as required for a residency visa. By June this most Australian families do. It seems to be a year, they had managed to save this money. very great pity that this family has to look upon Unfortunately, Mrs Thonemann’s visitor’s visa the birth of their new baby not as something expired in April. She applied for a residency to celebrate but as a Doomsday date, as the visa of her own volition, and was not date the mother and child of this family will be approached by an officer of the Department of forced to leave the country. Immigration to do so. After filling in the forms and paying the application fee, she was told The Thonemanns have been advised by by the department that her application could the Department of Immigration in Townsville not be processed as she was then an illegal that, in order to obtain Mrs Thonemann’s immigrant. residency visa, Mrs Thonemann should leave the country. The department suggested that By the time her visitor’s visa had expired, she take a costly trip to New Zealand, and Mrs Thonemann did not fathom the apply from there. Given the family’s current seriousness of not applying for permanent financial status, if the situation was not so residency. She and her family now face the serious, this option would be laughable. prospect of being separated after the birth of However, it may be the only option that the their baby, all because of the unbending family has. The Thonemanns are not attitude towards its guidelines by the criminals; they have not committed any Department of Immigration and Ethnic Affairs. offences. They are being penalised simply for The department told Mr and Mrs Thonemann having no money. I beseech and implore the that they had unwittingly put themselves into Federal Government and the Minister for this situation and that they would not be able Immigration and Ethnic Affairs, Senator Nick to get the application fee money returned, Bolkus, to reconsider the decision to deport even though the application was never Mrs Thonemann. assessed. On behalf of the Thonemanns, I made representations to the Department of Picnic Point, Toowoomba Immigration and Ethnic Affairs, as did Senator Mr HORAN (Toowoomba South) Margaret Reynolds. The Thonemanns were (1.19 a.m.): I wish to speak about the advised by officers of the Department of controversy over the proposed redevelopment Immigration to submit the matter to the of facilities at Toowoomba’s famous landmark, Migration Internal Review Office in Adelaide. Picnic Point, which is located on the eastern Both Margaret Reynolds and I wrote letters of mountain edge at the end of Tourist Road support for Mrs Thonemann’s appeal, but the and includes the parkland area of Tobruk appeal was subsequently rejected because Drive. For many years, the public facilities Mrs Thonemann is an illegal immigrant. To consisted of a restaurant, kiosk and council add insult to injury, Mrs Thonemann’s illegal toilets. It has operated extremely successfully immigrant status prevents her from receiving but, in recent years, that facility has fallen into any Medicare benefits. From the onset of her disrepair and the council, in conjunction with pregnancy, she and her husband have had to the Lands Department, has looked at the 30 November 1993 6268 Legislative Assembly replacement and redevelopment of that decision on whether or not the lease will be particular facility. granted will be made by the Lands Picnic Point has become one of the most Department based on the three factors of popular places in Toowoomba for family community support, rezoning approval by the picnics. The Australia Day ceremonies and the Toowoomba City Council and financial viability dawn service on Anzac Day are held there. In of the project. The pity of this saga is that fact, I believe that the first dawn service in three mistakes have been made along the Australia was held at Picnic Point. The way: firstly, there is the concept of high rise parkland surrounding the facilities is council accommodation in a public park; secondly, a parkland and the facilities are located on tender was let which included the right to approximately 4 000 square metres of land provide accommodation even after polling that is owned by the Lands Department. showed that that was not wanted by the There is absolutely no doubt in the minds of public; and, thirdly, even though the the public in Toowoomba that there is a need guidelines were not met after the expiration of to replace amenities such as the toilet facilities six months, an extension of time was granted. and the catering facilities. It is clear what the people of Toowoomba want. They want a facility that blends in with The history of the redevelopment Picnic Point and that includes kiosks, tea proposal is that in the late 1980s an attempt rooms, toilets and a souvenir shop, but not was made through the public tender system to accommodation. have private enterprise develop new facilities. For a number of reasons, that attempt failed. I believe that the people of Toowoomba Last year, the Lands Department and the have been blackmailed into feeling that if they Toowoomba City Council mooted the prospect do not go ahead and accept this particular of private enterprise developing a facility project, they will end up with nothing. The based upon a high rise accommodation Lands Department has an obligation to the development. That brought about a huge people of Toowoomba in relation to this furore within the Toowoomba community and sensitive and very special area. The resulted in the Lands Department and the department must strive to provide the modest Toowoomba City Council spending facility that the public wants. The Toowoomba approximately $6,000 on a professional City Council also has a role to play, particularly Morgan Gallup poll which surveyed the considering that the council is about to spend opinion of more than 500 people throughout $22m on redevelopment of the inner city in the city. One of the significant results of the the near future. poll was that 71 per cent of respondents said Picnic Point is a beautiful mountain-top “No” to any motel-type accommodation at public parkland. It is very much part of Picnic Point. In addition, a petition to that Toowoomba’s culture and family recreation. effect contained some 3 000 signatories. There is a principle involved in this This year, the Lands Department went controversy. The parkland facilities should not ahead and advertised for tenders. It included be financed by the introduction of an in the tender profile a provision for accommodation complex, nor should the accommodation. Only one tenderer expressed Lands Department proceed with a proposal interest—Farr Evratt—and this tender was that cuts clearly across expressed public granted the preferred tender status. The opinion, including a professional opinion poll. company was given until the end of October The objective evidence cannot be overruled. If to complete some details, including the the preferred tenderer does not meet the rezoning approval from the Toowoomba City requirements of community support, council Council, but was not able to complete them. rezoning approval and evidence of financial As a result, the Lands Department extended support, then there is no reason why, with the time for compliance for another 24 months cooperation between the Lands Department and provided a program in which the preferred and the Toowoomba City Council, a practical tender had to show community support for the facility that blends in with the beauty of Picnic project, rezoning approval by the Toowoomba Point and that is in accordance with what the City Council and financial viability of the Toowoomba people really want cannot be project. successfully achieved. It is important to note that the main problem perceived by the public in relation to Spirit of the Outback this particular preferred tender is that it Mr ARDILL (Archerfield) (1.24 a.m.): The includes accommodation of 30 rooms. The year 1893 AD was not a propitious year for stage has now been reached at which a Queensland’s railways, which suffered much Legislative Assembly 6269 30 November 1993 damage from the floods of that year. So much Corcoran has excelled herself in the interior damage was suffered that nearly 4 kilometres design and decor of this train, and the of line from Dutton Park to Yeronga had to be sleeping cars in particular have been rebuilt on higher ground, well to the east of developed as restful and user-friendly lounge Fairfield Road, which was the previous route. rooms that are converted to bedrooms at In fact, the only work of note that was done night. Not only does Denise Corcoran deserve that year seems to have been 6 kilometres of the highest praise but also the genius of Eric track from Biggenden to Degilbo, some work Adam and Jack Duggan, who produced the near Lowmead, and the last 8 kilometres into cars which have now been refurbished and Mareeba, which was opened on 1 August. updated, should not be forgotten. One hundred years later in 1993, there Car 1466 has been named the Robert have been significant achievements by Ballard car after the engineer. It was first Queensland Rail, including David Hamill’s commissioned in December 1952. It is still decision to call tenders for tilt trains for the more operationally effective than any other Brisbane-Rockhampton service. The decision passenger vehicle in use in Australia. With all to upgrade the North Coast Line with seats and berths facing forward and numerous deviations—removing the speed soundproofing to a high standard, its riding limits imposed by the winding line that was put qualities are excellent. All of the sleeping cars down in the era of pick and shovel and horse- have names associated with the central drawn scoops and drays—is great news. New railway and the central western region of powerhouse locos have been put on order Queensland—Hugh Sawry, Robert Ballard, and the vandalism perpetrated on the Gold Hudson Fysh, Jackie Howe and Banjo Coast line by the Nationals and Liberals in Patterson. The sitting cars are similarly well 1964 has been reversed by the work that is named and they are well patronised. The proceeding apace from Beenleigh to economy sleeping cars, Banjo Patterson and Helensvale. Robert Ballard, are excellently designed and I want to talk about the bright new service decorated. I would recommend them for that has commenced between Brisbane and family groups as an excellent means of travel Longreach, namely, the Spirit of the Outback. at the most reasonable fare. But they need For the first time—except during flood periods more people. when trains were diverted inland—it is now The staff deserve the highest praise for possible without changing trains to travel their attitude and their concern to look after between Brisbane and the heart of the passengers and make the journey a Queensland, to Barcaldine and Longreach. memorable one. One aspect that can be David Hamill, Queensland Rail and the considered to improve the service is the present Labor Government deserve provision of an itinerary with locality notes considerable praise for this great new service giving a historical outline of the districts that that has been introduced at a time when the the train passes through. There is a passenger rail services of other States are fascinating, sometimes tragic, and often stagnating or being reduced. New South humorous story waiting to be told. The story of Wales has abolished services similar to this constructing the line under the supervision of one, with the demise of the excellent service Robert Ballard provides a sufficient database of the Southern Aurora that was put off the for a novel or two, and the characters of the rails in recent weeks and replaced with the outback, together with the localities passed obnoxious XPTs, which are great for a short through, would have to be culled severely to journey but which are totally unsuited to the be read at the appropriate location. That is not vast distances of Australian main lines. The a criticism; it is merely a suggestion to slightly catering provided by the XPTs would not do improve a wonderful experience as well as a justice to a soup kitchen. most praiseworthy service. The journey has In contrast to that, the Spirit of the much attractive scenery to show to travellers, Outback is entirely different, with dinkum particularly the crossing of the Drummond Australian cuisine that is served in the Range from Bogantungan to Drummond. The Tuckerbox dining car by smiling Australian entire journey is completed in daylight. waitresses who are smartly turned out in a I mentioned the influence of Jack modern uniform. The appropriate theme of Duggan, who laid down the foundations of our the Tuckerbox is conveyed by outback passenger rail fleet over 40 years ago. Earlier decorations. With the Captain Starlight club tonight, he was referred to by the member for car and the Stockman’s Bar both decorated Toowoomba South as a mayor of that city. with historic adornments, no-one is likely to die Time expired. of thirst on this outback journey. Denise 30 November 1993 6270 Legislative Assembly

Motion agreed to. The House adjourned at 1.30 a.m. (Wednesday).