PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Wednesday, 6 March 2013 (Extract from book 3)

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

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AC, QC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier and Minister for the Arts (to 6 March) ...... The Hon. E. N. Baillieu, MP Premier, Minister for the Arts, Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing (from 6 March) ...... The Hon. D. V. Napthine, MP Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development ...... The Hon. P. J. Ryan, MP Treasurer ...... The Hon. K. A. Wells, MP Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events ...... The Hon. Louise Asher, MP Attorney-General and Minister for Finance ...... The Hon. R. W. Clark, MP Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC

Minister for Health and Minister for Ageing ...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs .... The Hon. H. F. Delahunty, MP

Minister for Education ...... The Hon. M. F. Dixon, MP Minister for Planning ...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession ...... The Hon. P. R. Hall, MLC Minister for Multicultural Affairs and Citizenship ...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development ...... The Hon. W. A. Lovell, MLC

Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission ... The Hon. A. J. McIntosh, MP

Minister for Public Transport and Minister for Roads ...... The Hon. T. W. Mulder, MP

Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing (to 6 March) ...... The Hon. D. V. Napthine, MP Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources ...... The Hon. M. A. O’Brien, MP Minister for Local Government and Minister for Aboriginal Affairs ...... The Hon. E. J. Powell, MP Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry ...... The Hon. G. K. Rich-Phillips, MLC Minister for Environment and Climate Change, and Minister for Youth Affairs ...... The Hon. R. Smith, MP Minister for Agriculture and Food Security, and Minister for Water ...... The Hon. P. L. Walsh, MP

Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services ...... The Hon. M. L. N. Wooldridge, MP Cabinet Secretary ...... Mr D. J. Hodgett, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Mr Nardella, Mr O’Brien, Mr Pandazopoulos and Mr Walsh. Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.

Joint committees

Accountability and Oversight Committee — (Assembly): Ms Kanis, Ms Richardson and Mr Wakeling. (Council): Mr O’Brien and Mr O’Donohue. Dispute Resolution Committee — (Assembly): Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Mr Merlino, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Carroll, Mr Foley and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote, Ms Crozier and Mr O’Brien. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Independent Broad-based Anti-corruption Commission Committee — (Assembly): Ms Hennessy, Mr Newton-Brown and Mr Weller. (Council): Mr Koch and Mr Viney. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr O’Brien, Mr Ondarchie and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Mr Brooks, Ms Campbell, Mr Gidley, Mr Nardella, Dr Sykes and Mr Watt. (Council): Mr O’Donohue.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. D. V. NAPTHINE (from 6 March 2013) The Hon. E. N. BAILLIEU (to 6 March 2013) Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. J. A. MERLINO

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Lim, Mr Muy Hong Clayton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McCurdy, Mr Timothy Logan Murray Valley Nats Asher, Ms Louise Brighton LP McGuire, Mr Frank 6 Broadmeadows ALP Baillieu, Mr Edward Norman Hawthorn LP McIntosh, Mr Andrew John Kew LP Barker, Ms Ann Patricia Oakleigh ALP McLeish, Ms Lucinda Gaye Seymour LP Battin, Mr Bradley William Gembrook LP Madden, Mr Justin Mark Essendon ALP Bauer, Mrs Donna Jane Carrum LP Merlino, Mr James Anthony Monbulk ALP Beattie, Ms Elizabeth Jean Yuroke ALP Miller, Ms Elizabeth Eileen Bentleigh LP Blackwood, Mr Gary John Narracan LP Morris, Mr David Charles Mornington LP Brooks, Mr Colin William Bundoora ALP Mulder, Mr Terence Wynn Polwarth LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Napthine, Dr Denis Vincent South-West Coast LP Bull, Mr Timothy Owen Gippsland East Nats Nardella, Mr Donato Antonio Melton ALP Burgess, Mr Neale Ronald Hastings LP Neville, Ms Lisa Mary Bellarine ALP Campbell, Ms Christine Mary Pascoe Vale ALP Newton-Brown, Mr Clement Arundel Prahran LP Carbines, Mr Anthony Richard Ivanhoe ALP Noonan, Mr Wade Mathew Williamstown ALP Carroll, Mr Benjamin Alan 2 Niddrie ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane 7 Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page 8 Frankston Ind Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James 3 Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin 4 Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Kanis, Ms Jennifer 5 Melbourne ALP Wooldridge, Ms Mary Louise Newling Doncaster LP Katos, Mr Andrew South Barwon LP Wreford, Ms Lorraine Joan Mordialloc LP Knight, Ms Sharon Patricia Ballarat West ALP Wynne, Mr Richard William Richmond ALP Kotsiras, Mr Nicholas Bulleen LP Languiller, Mr Telmo Ramon Derrimut ALP

1 Resigned 21 December 2010 5 Elected 21 July 2012 2 Elected 24 March 2012 6 Elected 19 February 2011 3 Resigned 18 February 2013 7 Resigned 7 May 2012 4 Resigned 27 January 2012 8 LP until 6 March 2013

CONTENTS

WEDNESDAY, 6 MARCH 2013 Outer Suburban/Interface Services and Development Committee: livability options in BUSINESS OF THE HOUSE outer suburban Melbourne ...... 712 Filming of proceedings ...... 679 ASSISTED REPRODUCTIVE TREATMENT Notices of motion: removal ...... 679 AMENDMENT BILL 2012 RAIL SAFETY NATIONAL LAW APPLICATION BILL Second reading ...... 712, 721 2013 QUESTIONS WITHOUT NOTICE Introduction and first reading...... 679 Member for Frankston: party resignation ...... 714, 716 TRANSPORT LEGISLATION AMENDMENT (RAIL Employment: government initiatives ...... 714, 716 SAFETY LOCAL OPERATIONS AND OTHER Metropolitan Fire and Emergency Services MATTERS) BILL 2013 Board: management of unplanned leave ...... 716 Introduction and first reading...... 679 Government: performance ...... 717 PETITIONS White Night Melbourne ...... 718 Fire services: funding ...... 679 Employment: government performance...... 719 Higher education: TAFE funding ...... 679 Criminal bikie gangs: government action ...... 719 Schools: funding ...... 679 Premier: performance ...... 720 CLASSIFICATION GUIDELINES Road safety: mobile phone texting ...... 721 National code, computer games and films ...... 680 SUSPENSION OF MEMBERS DOCUMENTS ...... 680 Member for Albert Park ...... 715 MEMBERS STATEMENTS Member for South Barwon ...... 770 Campbell Arnott’s: Lemnos plant ...... 680 ADOPTION AMENDMENT BILL 2013 Shepparton community football complex: Statement of compatibility ...... 738 funding ...... 680 Second reading ...... 739 SheppARTon Festival: Ross A. Morgan PLANNING AND ENVIRONMENT AMENDMENT exhibition ...... 680 (GROWTH AREAS AUTHORITY AND Bendigo Spirit: grand final ...... 681 MISCELLANEOUS) BILL 2013 Bendigo Gold ...... 681 Statement of compatibility ...... 740 Road safety: government strategy ...... 681, 685, 686 Second reading ...... 740 Roads: city of Wyndham ...... 681 ALPINE RESORTS AND NATIONAL PARKS ACTS Relay for Life: city of Hobsons Bay ...... 681 AMENDMENT BILL 2013 Hospitals: federal funding ...... 682 Second reading ...... 742 Families: flexible work arrangements ...... 682 MAJOR SPORTING EVENTS AMENDMENT BILL White Night Melbourne ...... 682 2013 Joan Child, AO ...... 683 Second reading ...... 765, 770 Homelessness: Ladder ...... 683 ADJOURNMENT Ballarat East electorate: government Crime prevention: government performance ...... 775 performance ...... 683 Agriculture: export marketing ...... 776, 779 Carrum electorate: laneway naming rights ...... 684 Bushfires: fuel reduction ...... 776 Australian International Airshow ...... 684, 686 Fairpark Reserve, Ferntree Gully: floodlighting ...... 777 Teachers: enterprise bargaining ...... 685 Roads: funding ...... 777 Crime prevention: government initiatives ...... 685 Fruit fly: control ...... 778 Bell Street reserve, Eltham: redevelopment ...... 686 Road safety: Frankston intersection ...... 778 Moonee Valley Festival ...... 686 Taradale Primary School: future ...... 779 Wimmera Machinery Field Days ...... 687 Protective services officers: Mordialloc Bushfires: Grampians ...... 687 electorate ...... 780 National Youth Week ...... 687 Responses ...... 781 Edenhope Bowling Club: funding ...... 687 Juri Ots ...... 687 MATTERS OF PUBLIC IMPORTANCE Road safety: government strategy ...... 688 STATEMENTS ON REPORTS Law Reform Committee: access to and interaction with the justice system by people with an intellectual disability and their families and carers ...... 707, 708, 709, 710 Public Accounts and Estimates Committee: budget estimates 2012–13 (part 1)...... 711

BUSINESS OF THE HOUSE

Wednesday, 6 March 2013 ASSEMBLY 679

Wednesday, 6 March 2013 PETITIONS

The SPEAKER (Hon. Ken Smith) took the chair at Following petitions presented to house: 9.33 a.m. and read the prayer. Fire services: funding

BUSINESS OF THE HOUSE To the Legislative Assembly of Victoria:

Filming of proceedings The petition of certain citizens of the state of Victoria draws to the attention of the house the state government’s plan to cut The SPEAKER — Order! I advise the house that I $66 million from the Metropolitan Fire Brigade and Country have given approval for filming from the public gallery Fire Authority. In particular, we note: on Thursday morning. The footage will be used for 1. these cuts will reduce the capacity of the MFB and CFA educational purposes. Members should note that the to fight structure fires and wildfires, and to respond to filming will start when the bells ring at 9.30 a.m., so the road accident rescues; process we have just gone through to get to this point in 2. firefighters, both career and volunteers, will be forced to proceedings will be filmed for educational purposes. rely on second-hand equipment and personal protective clothing, with less access to training, ration packs, fuel RAIL SAFETY NATIONAL LAW and even electricity;

APPLICATION BILL 2013 3. this is on top of delays to the CFA station upgrade program, leaving communities vulnerable. Introduction and first reading The petitioners therefore request that the Legislative Mr MULDER (Minister for Public Transport) Assembly urge the Baillieu state government to abandon its introduced a bill for an act to make provision for a planned funding cuts and guarantee no further cuts will be national system of rail safety and to make related made. amendments to other acts and for other purposes. By Ms EDWARDS (Bendigo West) (332 signatures).

Read first time. Higher education: TAFE funding

TRANSPORT LEGISLATION To the Legislative Assembly of Victoria: AMENDMENT (RAIL SAFETY LOCAL The petition of certain citizens of the state of Victoria draws OPERATIONS AND OTHER MATTERS) to the attention of the house the state government’s plans to BILL 2013 cut hundreds of millions of dollars from TAFE funding.

Introduction and first reading In particular, we note: 1. the TAFE association has estimated up to 1500 jobs Mr MULDER (Minister for Public Transport) could be lost as a result of these cuts; introduced a bill for an act to amend the Rail Safety Act 2006 to facilitate the safe operation of railways 2. many courses will be dropped or scaled back and several in Victoria to which the Rail Safety National Law TAFE campuses face the possibility of closure; (Victoria) does not apply and to make amendments 3. with 49 000 full-time jobs already lost in this term of to that act to align that act with the Rail Safety government, skills training has never been more National Law (Victoria) to ensure consistency in the important for Victorians. regulation of all railway operations in Victoria, to The petitioners therefore request that the Legislative amend the Bus Safety Act 2009 and for other Assembly urge the Baillieu state government to abandon the purposes. planned funding cuts and guarantee no further cuts will be made. Read first time. By Ms EDWARDS (Bendigo West) (53 signatures). BUSINESS OF THE HOUSE Schools: funding Notices of motion: removal To the Legislative Assembly of Victoria:

The SPEAKER — Order! Notices of motion 5 to The petition of certain citizens of the state of Victoria draws 41 will be removed from the notice paper unless to the attention of the house the Baillieu state government’s members wishing their notices to remain advise the decision to cut $555 million from Victorian schools. Clerk in writing before 6.00 p.m. today.

CLASSIFICATION GUIDELINES

680 ASSEMBLY Wednesday, 6 March 2013

In particular, we note: Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rules 26, 27 1. funding for the VET and VCAL programs have been cut, meaning thousands of students are now missing out Surveillance Devices Act 1999 — Reports 2011–12 under on opportunities; s 30L (two documents).

2. the education maintenance allowance, the School Start bonus and the conveyance allowance have either been MEMBERS STATEMENTS slashed or scrapped; Campbell Arnott’s: Lemnos plant 3. the Premier’s broken promise to teachers means students will miss out on camps, excursions and other Mrs POWELL (Minister for Local Government) — opportunities. On Thursday, 28 February, I was delighted to join the Deputy Premier when he came to Shepparton to launch The petitioners therefore request that the Legislative Assembly urge the Baillieu state government to guarantee no the new Campbell Arnott’s PET, or polyethylene further cuts to education funding will be made in the terephthalate, manufacturing line. Mr Chris Foley, upcoming 2013–14 Victorian budget. general manager of Campbell Arnott’s Asia Pacific, spoke about Campbell’s $14.5 million investment and By Ms DUNCAN (Macedon) (315 signatures). what that means to the local economy. I want to Tabled. congratulate Cassandra Green, plant manager, and the staff for their generous donation to Foodbank Australia Ordered that petitions presented by honourable of 15 000 bottles of the company’s new V8 juice, member for Bendigo West be considered next day which was accepted by Foodbank CEO, John Webster. on motion of Ms EDWARDS (Bendigo West). Shepparton community football complex: Ordered that petition presented by honourable funding member for Macedon be considered next day on motion of Ms DUNCAN (Macedon). Mrs POWELL — On Saturday, 2 March, I joined the Minister for Sport and Recreation, along with a CLASSIFICATION GUIDELINES member for Northern Victoria Region in the Council and Minister for Housing, Wendy Lovell, and the National code, computer games and films mayor and CEO of the Greater Shepparton City Council, when the minister visited Shepparton to Mr CLARK (Attorney-General), by leave, tabled announce funding of $750 000 for the Shepparton revised national classification code, guidelines for community football — soccer — complex, including the classification of computer games and guidelines lighting for the whole complex. The council has for the classification of films. worked hard to make this sporting facility a reality. I have met with it and the Greater Shepparton Football Tabled. Advisory Group a number of times, as well as with Nick Monteleone, the president of Football Federation DOCUMENTS Victoria, who is a great supporter of this project. Tabled by Clerk: SheppARTon Festival: Ross A. Morgan Auditor-General — Management of Unplanned Leave in exhibition Emergency Services — Ordered to be printed Mrs POWELL — I had the honour of officially Crimes (Assumed Identities) Act 2004 — Report 2011–12 opening the exhibition of art by local Indigenous artist under s 31 Ross A. Morgan at La Trobe University in Shepparton. Statutory Rules under the following Acts: I would like to acknowledge the support of La Trobe University for Aboriginal people and in particular to Civil Procedure Act 2010 — SR 27 acknowledge Shepparton campus director Dr Liz Road Safety Act 1986 — SR 26 Lavender. Ross’s painting of the long-necked turtle was chosen as the official image for this year’s Supreme Court Act 1986 — SR 27 SheppARTon Festival, which is a great tribute to him. I Victorian Energy Efficiency Target Act 2007 — SR 24 also congratulate John Head, the SheppARTon arts festival artistic director, and Karen Parker, the festival Water Industry Act 1994 — SR 25 chairperson, for honouring Aboriginal people and their culture.

MEMBERS STATEMENTS

Wednesday, 6 March 2013 ASSEMBLY 681

Bendigo Spirit: grand final $160 million to 40 of the smallest rural councils to boost their budgets for local roads and bridges that were Ms ALLAN (Bendigo East) — I rise to wish the left to rot by the previous government. That is why the Bendigo Spirit all the very best for this Sunday’s coalition government announced a $45 million repair Women’s National Basketball League grand final. and restore package, which will target deteriorated Bendigo Spirit is Bendigo’s only sporting team in a roads across the state to fix problems now and protect national competition. The team has been in the roads in the future. competition for some years now, and it is wonderful to see Bendigo Spirit make the grand final for the first The Labor government had more than a decade to time, playing against Townsville Spirit at the Bendigo introduce the new, tough and innovative road safety Stadium this Sunday afternoon. Two regional teams are measures that the coalition government has put in place. playing off in a national title, which is exciting in itself The Victorian road safety strategy is designed to drive for regional women’s sport. the next decade of road safety through three principles: education, enforcement and engineering — that is, However, I just want to say how proud I am to have building safer roads and cars. The most important part been associated with the Bendigo Spirit organisation for of our road safety strategy is that it is not just about the many years. It was a long-held dream by many in the government; it is also about people driving on our Bendigo basketball community to have a women’s roads. Drivers have a responsibility while they are national basketball team. We knew we had talent, we driving on our roads to concentrate. They should never knew we had support, but we just needed funding to get forget that road safety is in their hands. the team on the court. So when plans started to be hatched in 2005, I was very pleased that the Brumby Roads: city of Wyndham Labor government came to the table with significant funding support as a sponsor to help get the team off Ms HENNESSY (Altona) — I rise to place on the the ground and out on the court. record Victorian Labor’s absolute support for improvements in road safety. However, it is not enough I note that the current government has continued to for the Baillieu government to simply share the rhetoric support the team, but I am so proud to have been part of around road safety; it needs to do far more to fix roads. those early days. I want to congratulate and wish all the In my electorate in particular there are a number of best to coach Bernie Harrower, the players, the important roads that require immediate funding. I note supporters, chair Jeremy Moule and the volunteers who the RACV’s budget submission, which calls on the help the girls every week — including my dad. Tune in government to invest in Point Cook Road, Dunnings to the game this Sunday afternoon. Road and Palmers Road, and I reiterate the point made in its submission that there was ‘… inadequate funding Bendigo Gold to maintain the state-funded road network …’ in last year’s budget. Indeed, not 1 cent was invested in my Mr BATTIN (Gembrook) — First of all I would electorate. just like to clarify that there is another high-profile sports team in Bendigo, Bendigo Gold, which competes I also note last week’s launch by Wyndham City in the Victorian Football League and has a fantastic Council and the Wyndham Industrial Liaison head coach in Aussie Jones and a brilliant assistant Development Committee — which is a coalition of coach in Travis Marsham. I wish the team all the best, businesses and staff in Laverton North, a very and I would be pleased if the member for Bendigo East important industrial area economically, not just for the would pass that on. west but for the state — of the Fix Dohertys Road campaign, calling on the state government to fix Road safety: government strategy Dohertys Road. I again join their call. These are issues that we have raised time and again in this chamber, and Mr BATTIN — I also want to ask the question I urge the government to make a substantial investment today: why is the member for Narre Warren North so in fixing roads in the west. wrong about road safety in Victoria? The member for Narre Warren North recently spoke about roads in Relay for Life: city of Hobsons Bay Victoria, but he seems to forget that the previous government left Victorian roads crumbling for a Ms HENNESSY — I also wish to raise and refer to decade. This year the coalition government is putting the Hobsons Bay Relay for Life 2013, an event which more into roads maintenance than the previous is being launched this weekend. I would like to government did in its last year. It is providing acknowledge the organisers of this important event. As

MEMBERS STATEMENTS

682 ASSEMBLY Wednesday, 6 March 2013

you may know, Speaker, the western suburbs is 14 years of age participate in the workforce, and overrepresented in cancer statistics. This is an important two-thirds of mums with children under 6 are in either organisation that has brought the community together to part-time or full-time employment. raise important funds to support cancer research. Being a mum is a full-time job in itself. When you Hospitals: federal funding work part time or full time that work is on top of that full-time job — and that does not even include Mr BLACKWOOD (Narracan) — I rise to housework. ABS statistics show that working mothers condemn the federal Labor government for its recent spend twice the amount of time looking after their kids print media advertisements that make completely false when they get home as do working dads. Women spend statements regarding its backflip on the $107 million it an average of 6 hours 40 minutes per day looking after ripped from the Victorian health system. To suggest their children after work, whereas men spend 3 hours that it was providing $107 million to the Victorian 43 minutes per day. health system to offset funding cuts imposed by the coalition government is complete nonsense. The federal government’s Workplace Gender Equality Agency director, Helen Conway, said recently: The $107 million that the federal government is now putting into the Victorian health system is a return of The overwhelming reason we don’t have more women in leadership is the underlying cultural and structural barriers in funds that it decided to rip from our health system organisations. beginning in October last year. These funds were allocated by the federal government in May last year Flexible work options … should be available to men and and underpinned the budgets set by every Victorian women so they can balance work and family … hospital for the 2012–13 financial year. The Victorian This is a family issue, not a woman’s problem. coalition government outlined health budget savings in 2011–12 and 2012–13 that were supported by I agree with that. efficiency improvements, reducing advertising and consulting costs. Front-line services have been In yesterday’s Age Lindsay Edwards wrote that there is enhanced by this improvement in productivity. a cultural division of labour where men do the paid work, women do society’s unpaid work and the burden Even though the federal government has now conceded of unpaid — — that it made the wrong decision and will return $107 million of the $475 million it had intended to take The SPEAKER — Order! The member’s time has from front-line health services over the next four years, expired. it still dishonestly continues to try to shift the blame to the Victorian government. The question now is: will the White Night Melbourne Prime Minister have the guts to admit that she and the Mrs VICTORIA (Bayswater) — When Kylie federal Minister for Health, Tanya Plibersek, have got it Minogue first sang the line, ‘On a night like this I want all horribly wrong and return the remaining to stay forever’, I doubt she envisaged that would so $368 million to Victoria’s hospital network? perfectly describe her home town of Melbourne, but Since coming to office the Victorian government has that was the case on 23 February when Melburnians increased health funding by $1.3 billion in the face of came out in their hundreds of thousands to celebrate the cuts of $6.1 billion to our GST revenue, $50 million in arts in our amazing city for the inaugural White Night lapsed commonwealth funding for elective surgery and Melbourne. From film and dance to art, light and changes by the federal government to private health sculpture, there was something for everyone. insurance that have put more pressure than ever on our At the Australian Centre for the Moving Image more public hospital system. than 27 000 people came through the doors, which Families: flexible work arrangements thrilled its director, Tony Sweeney, who wrote to me the next day, saying:

Ms HUTCHINS (Keilor) — With International A quick note of huge congratulations to the Premier, you and Women’s Day pending this Friday I would like to pay those others in government who initiated and supported the tribute to working families in Victoria, with a particular White Night, which pulled off a quite stunning inaugural focus on working mothers. Recently released event. I was very confident that it would work, but had no Australian Bureau of Statistics (ABS) figures show that inkling that it would work like that. Just amazing. 80 per cent of women with children between 6 and

MEMBERS STATEMENTS

Wednesday, 6 March 2013 ASSEMBLY 683

There was also this contribution in the Age from Debbie achieve great things just by putting in the work and Cuthbertson, which said: making sure that you represent the people who need you most. Melbourne’s first all-night arts extravaganza has far outstripped all expectations … Homelessness: Ladder Even the member for Melbourne told me she thought it Mr HODGETT (Kilsyth) — Last week I had the was terrific. The accolades continued from the general opportunity to meet Mark Bolton, a former Essendon public. In the Herald Sun of 26 February, Nick from footballer, who in retirement from football spends his Preston is quoted as saying: time as general manager of Ladder, a community-based Massive high fives to the organisers of White Night in the organisation which tackles youth homelessness. Mark city. Even the bogans seemed to be enjoying themselves spoke passionately about his experiences with hundreds without the grog. Make it an annual event. of young people since pioneering the program in 2007 Callers to 3AW, like Cheryl and Sarah, described the in partnership with the AFL, and it was amazing to hear night as ‘absolutely spectacular’. To those who said it of the profound impact that the program has had on would never work or was a waste of money I say: many lives. support the arts instead of trying to play politics. To Homelessness is often perceived as an issue mainly Andrew Walsh and his fabulous team, I say: thank you affecting older people, but a large percentage of on behalf of all of us who experienced a new level of homeless people in Victoria are under the age of 25. pride in our great city on that great night. Ladder tackles this issue head on, not by focusing on why young people are in that situation to begin with but Joan Child, AO by offering young people support and time to break the Ms THOMSON (Footscray) — The National cycle of homelessness. Ladder has discovered that what Council of Jewish Women of Australia (NCJWA) has many young people need is the certainty of a roof over asked me to put this letter on the record: their head and a support network to work through aspects involved in getting a job, finding long-term National Council of Jewish Women of Australia was founded accommodation and getting themselves back on track. by Dr Fanny Reading, MBE, almost 90 years ago. The focus This is what Ladder provides. It has rapidly expanded of activity was centred on community support, education, into South Australia and has a vision to establish philanthropy, social activity and Judaism. At that time when women were virtually unrepresented in any Australian Ladder projects all over Australia by the end of the Parliament, Dr Reading gave Jewish women a voice and decade. provided an outstanding model of leadership. She spoke about responsibility and her parliament of volunteers, which Our sports stars have been the subject of much scrutiny set the agenda for activism that has continued to this day. in the media of late for off-field issues, but it is We would like to acknowledge and pay our respects to disappointing that very little is made of the excellent another such communal and distinguished leader. work they do in the community. Ladder is partly funded by contributions of $20 from every AFL player’s match Ms Joan Child, AO, was an exemplary leader who fee for every match. This adds up, and along with the maintained a down-to-earth and approachable demeanour while pursuing and attaining her goals. She was inspirational support of many players who attend community events and a powerful advocate for the needs and rights of women. and speak at youth forums it has helped take some big steps towards tackling youth homelessness. Ms Child was a frequent guest speaker at a number of education sessions held by NCJWA (Vic) in past years. In I would like to congratulate Mark and the team at recounting her personal struggle of bringing up five boys on her own, she became a source of inspiration to her audience in Ladder on the excellent work they are doing. It is passing on her ideas of determination and of never giving up. having a positive effect on youth homelessness, which is a very serious issue in Victoria. On behalf of the board of NCJWA (Vic) we wish to express our condolences to her many family, friends and colleagues. Ballarat East electorate: government The letter is signed by Vivien Brass, president of the performance National Council of Jewish Women of Australia. Mr HOWARD (Ballarat East) — I have spoken In the time I have left I pass on my condolences to about the need to progress upgrade works on the Joan’s family. I feel honoured and privileged to have Ballarat-Buninyong Road on numerous occasions in the known Joan Child. She was an inspiration to young hope of persuading this government to treat them as a women in the Labor Party. She taught us that you can priority. I pointed out to the Minister for Roads that

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$2 million was allocated by the Brumby government in and Alexander had one son, Kevin, who was also its last budget, and I also note that this government has heavily involved in the local community. A volunteer allocated over $2 million in the last two years towards for the CFA, Kevin played football for Carrum, was an this project. active member of the lifesaving club and has been a member of the Patterson River Country Club for Last year a small amount of work was completed to the 58 years. Kevin is now 80 years old and has recently south of the Whitehorse Road roundabout, and a been placed in palliative care. pedestrian refuge has been constructed near the Greenhill Road intersection. However, time lines on the The Greene family has asked for assistance to obtain upgrade of the Whitehorse Road roundabout continue naming rights to an unnamed laneway in Carrum to to blow out, and the supposedly triumphant honour their grandparents and father as strong announcement by Mr Ramsay, a member for Western contributors to the Carrum community. I believe it Victoria Region in the other place, of the letting of a would be a fitting tribute. The decision to progress this $600 000 contract adds further disappointment. Despite request rests with Kingston City Council, and I promises of action, even the land purchases associated encourage the council to consider the request. The with the roundabout are yet to progress, and the government would be open to considering any request $2 million Brumby government budget allocation is yet from the council. to be expended. For more than two years this government has provided disappointing results as Australian International Airshow traffic queues continue to bank up on Geelong Road. Mr EREN (Lara) — It is my pleasure today to Those opposite have been in government for more than inform the house about a favourite event of mine that is two years; therefore three fire seasons have passed held in my electorate. This year Avalon Airport once since its election to office, and the Mount Clear and again played host to the remarkable Australian Mount Helen communities are still awaiting an International Airshow. It was held over six days from announcement regarding the construction of their Tuesday, 26 February, to Sunday, 3 March — and what promised fire station, which has been identified as a key an event it was! The show brings in massive crowds; need in the area by both parties. Promises were made. I tens of thousands of visitors flock to Avalon for the urge this minister to allocate funding in this budget and airshow. In 2011 there was a total attendance of about ensure that this project gets — — 195 000 across the six days of the event, and I am sure that even more attended this year. The airshow is The SPEAKER — Order! The member’s time has presented in the hope of promoting interest in the expired. development of aviation, which in return assists with Australian industry, manufacturing, and information Carrum electorate: laneway naming rights and communications technology resources in the aviation, aerospace and defence sectors. Mrs BAUER (Carrum) — I wish to pay tribute to the Greene family, a family in my electorate, members I attend each time the show is held, and I am amazed by of which are local identities and have been wonderful the terrific sights and also by the level of contributors to Carrum for three generations. The professionalism shown by the organisers, and this year Greene family has had strong ties with the Carrum was no exception. I must admit that this year was one district for over 80 years. Alexander and Edith Greene of the greatest airshows ever. The sight of the sky filled first moved to 8 Tonbridge Street, Carrum, in 1933. with different aircraft and the noise of a fighter jet After the war they built their family home at screaming past are indescribable, and I urge any 12 Tonbridge Street, Carrum. member of the house who has not yet attended to make it a priority to go when the airshow returns in 2015. Alexander was the local justice of the peace. He was a During the airshow it would be hard not to notice the life member and president of Carrum football club, potential of the Avalon Airport and how capable it is in worked at the Lord Mayor’s Children’s Camp as a handling a large volume of aircraft and people. We on St John Ambulance Australia officer over the summers, this side of the house have always provided remarkable was heavily involved in the local community, including support for the airshow and in particular for Avalon the lifesaving club, and was a member of the Carrum Airport. As a direct result of investment made by the Bowling Club and the Country Fire Authority (CFA). Bracks and Brumby governments — —

Edith was a dance instructor. She taught local The SPEAKER — Order! The member’s time has debutantes and was involved in community life. Edith expired.

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Road safety: government strategy 38 hours for the week, parent-teacher interviews will be postponed. The interview regarding one child of a Ms McLEISH (Seymour) — Road crashes are the family will be on one night, and the parents will have to single biggest killer of young Victorians aged 18 to 25. return to the school for the next child. Some schools It is a sad fact that young drivers make up more than a offered eight reports annually but now offer only two. quarter of all drivers killed in Victoria, yet this age Some schools gave more details on reports but now group represents only about 12 per cent of all Victorian give only dot points. Parents are struggling to licence-holders. That is why the Victorian coalition understand their children’s performance. In my government is targeting those young people who are electorate, the percentage of students who receive the most likely to engage in high-risk driving behaviour, education maintenance allowance (EMA) is anything most recently introducing both further measures to from 30 per cent to 85 per cent. The school component crack down on hoons and new bans on using mobile of EMA of somewhere around $250 has been lost. This telephones. Victoria now has the toughest hoon laws in cuts into excursions, camps and many other activities. its history. The most recent initiative will see hoons The 38-hour work ban affects debutante balls in high forced to pay $1000 a week to attend a safe-driving schools. program for offences such doing burnouts, speeding and drag racing. The program will make hoon drivers Crime prevention: government initiatives identify their own dangerous behaviour and force them to realise the risks they pose to other road users and to Ms RYALL (Mitcham) — I highlight the Labor themselves. It is aimed at changing these drivers’ opposition’s lack of understanding of recently attitudes, thereby making our roads a lot safer. published crime statistics and the populist stance it has taken on them. One thing that the opposition does not The coalition government is extending the ban on seem to understand is that more police on the beat and mobile phones for probationary drivers from P1 drivers nearly 300 protective services officers (PSOs) at our to P2 drivers. Commonwealth research has found that stations contribute to greater levels of detection of 55 per cent of 23-year-olds and 24-year-olds said they crime. There has been an increase in police numbers of recently used a mobile phone while driving, which is a approximately 850 since we came to government, horrible statistic. We are going to extend our education which is moving well towards meeting our election programs, including the Fit to Drive program, which commitment of 1700 front-line police. To spell it out, encourages personal safety and responsibility. The having more police and PSOs means there is a much coalition government is driving the next decade of road higher rate of crime detection and recording and safety to ensure that young people make it home to therefore a higher level of reporting. Labor tries to treat their loved ones. We will continue to improve the members of the public as mugs by saying that the actual safety of young drivers through stronger enforcement, level of crime has increased, but we are seeing a closing incentives and countermeasures. of the gap between the actual level of crime that exists and the detection and recording of that crime. There is a Teachers: enterprise bargaining big difference between the two.

Mr PERERA (Cranbourne) — Recently I visited a Nine News reports that since commencing work a year number of schools in my electorate. The stories I heard ago, PSOs have arrested 700 drunks and aided in the from them were shocking. The education system is in a arrest of 500 people with outstanding warrants. A shambles, at least in my electorate, due to the Baillieu senior police officer told me recently that the PSOs are government’s arrogant attitude towards teachers’ pay proving to be an integral part in both the prevention and and conditions. This is a real issue for my constituents, detection of crime through their intelligence gathering of whom 95 per cent are low to middle income earners. and work with police. The perception of safety has In the lead-up to the last election, the government shifted significantly, with members of the public promised to make Victorian teachers the best paid in reporting that they see a much greater police presence Australia. We are behind Western Australia, New on the roads and in the community and feel safer South Wales and Queensland, yet the government is not around railway stations. Labor tries to deceive the willing to consider even a 4 per cent pay increase, public by attempting to create a false impression that which would still not bring our teachers into line with the additional crime that is being recorded was never their colleagues across state borders. there in the first place under its watch. It was there, but because of Labor’s underinvestment in our police The result is that teachers are working to rule at service the actual level of crime in the community was 38 hours a week, which they are formally entitled to do, never going to come close to equating to the recorded as is any other public servant. If a teacher has covered and reported level of crime.

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Bell Street reserve, Eltham: redevelopment As a former member of Victoria Police, particularly the highway patrol, I know only too well the horror of road Mr HERBERT (Eltham) — I rise to inform the traffic accidents, of removing mangled and disfigured house today of news regarding the development of the young people from crumpled car wrecks, of hearing the Bell Street reserve master plan. The reserve is an screams of the injured and of undertaking the worst job incredibly strategic piece of land in Eltham’s wildlife in the world — that is, knocking on the door of a home, corridor. In August 2010 the Labor government stepped informing a family that their loved ones were never up and acquired the land for public use. It paid coming home and watching their faces as the enormity $700 000 to purchase it, and it was a momentous win of the message that I brought devastated their lives for my local community. Following that the forever. If I, as a member of this house, can do anything government and Nillumbik Shire Council each paid to prevent such tragedy from happening to a family, $30 000 to develop a master plan of the future use of you can be assured that I will do it, and I am sure all the site. Ideas emerging from the master planning members are of a like mind. The test of any road safety process have included suggestions for a public barbecue initiative is ultimately measured in how many lives can space, a market garden and a tribute to the former be saved and how many families can be spared the grief owners, the Fabbro family. There has also been the of dealing with the loss of a loved one. Those development of the Friends of Bell Street Reserve yardsticks are the true measure by which to judge the group, convened by Jeremy Neal. This is a group of government’s road safety initiatives, not how much energetic local volunteers who have dutifully extra revenue is raised for government coffers. maintained the site and contributed real sweat and commitment to what will one day be an environmental Moonee Valley Festival jewel in Eltham’s crown. Mr CARROLL (Niddrie) — On Sunday, Now that the planning is done, the issue of state 24 February, thousands of people converged on Queens government funding will become urgent. It is all very Park, Moonee Ponds, to enjoy the 36th annual Moonee well to pork-barrel The Nationals seats and provide Valley Festival, which is the largest free community hush money for former Liberal advisers, but real issues celebration in the municipality. Under sunny skies a full are being ignored. We simply do not see any sign of day of enjoyment was had by all, with market and food forward planning for strategic projects such as the Bell stalls, roving performances, entertainment stages, Street reserve redevelopment. I urge the government to business exposition sites, and community activities and step up, focus away from its own internal problems and displays. This year there were more market stalls and start looking to the needs of communities such as the entertainment stages than ever before. Today the Eltham community and at least provide some festival is rightly regarded as one of the largest commitment to forward funding for urgent community council-driven festivals in Melbourne. Congratulations projects and for the Bell Street reserve redevelopment. to the volunteers, the organisers, the traders and the City of Moonee Valley on the recently held 36th annual Road safety: government strategy Moonee Valley Festival.

Mr TILLEY (Benambra) — I rise today to speak in Australian International Airshow support of the recently announced coalition road safety initiatives. Road safety and reducing the road toll are Mr CARROLL — On Sunday, 3 March, I attended issues that have occupied the time of this house for the the 2013 Australian International Airshow at Avalon better part of 50 years, and I acknowledge the Airport. This event has become a highlight of Victoria’s contribution that all members of this house, regardless major events calendar, thrilling crowds each year with of their political affiliations, have made regarding those spectacular flying displays. But this event is so much issues. Victoria has been a world leader in road safety more than an exhibition. It is one of the most highly initiatives. In 1970 we led the world with the regarded defence, aerospace and aviation networking introduction of the compulsory wearing of seat belts. events in the Asia-Pacific region. An economic analysis Similarly, in the late 1980s we again led the world of the 2011 airshow found it had contributed through the introduction of random breath testing and $150 million to the state’s economy and supported the booze bus program. Our police continue to work 1700 full-time jobs. In 2011 a crowd of almost tirelessly to reduce the road toll, and the latest reforms 200 000 people, many from interstate and overseas, will hopefully give the police the tools and powers they visited the six-day exhibition. Given the weather over need to do their job better and keep Victoria at the the weekend, I expect the recent crowds would have forefront of road safety. exceeded that number.

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It was recently announced that the government has Edenhope Bowling Club: funding secured the international airshow at Avalon Airport until 2025, an announcement that is good not just for Mr DELAHUNTY — Finally, congratulations to our tourism sector but also the 6000 Victorians the Edenhope Bowling Club on the announcement of employed in our defence and aerospace industries. I funding for its program of improvements. look forward to seeing the airshow at Avalon Airport promoting our aerospace, aviation and defence Juri Ots industries for many years to come. Mr WYNNE (Richmond) — I rise to acknowledge Wimmera Machinery Field Days the sudden and sad passing of a dear friend and comrade, Juri Ots. I have known Juri for more than Mr DELAHUNTY (Minister for Sport and 20 years. He was a proud and committed member of the Recreation) — The Wimmera Machinery Field Days Labor Party who was active in his union, the Australian are currently being held at Longerenong, near Nurses Federation, and deeply engaged with the North Horsham. They get bigger and better every year. The Fitzroy community, where he lived for many years. It is event is an agricultural icon which takes pride of place rare to meet someone of Juri’s quality. He was a person among its contemporaries in Victoria. I congratulate the who devoted his life to the public good, whether that organising committee and the exhibitors on the was through his professional career in nursing, activism wonderful job they have done in getting the site ready. in the union movement, political engagement at all There is optimism in the region, and I am sure the event levels of government or strong community links will be another great success. through local campaigns.

Bushfires: Grampians Juri asked for nothing. His reward was being able to play a part in the broader struggle for a fairer society, Mr DELAHUNTY — I am happy to report to the and in that respect we have much to thank him for. He Parliament that the Victoria Valley and Cassidy’s Gap leaves a legacy for which we will always be grateful. fires in the Grampians have been declared contained. The reopening of Fitzroy High School, which was Over 35 000 hectares has been burnt. The fire perimeter closed by the Kennett government, will always be is 218 kilometres long. The fire risk in the area is still associated with Juri and a committed group of activists high, and residents need to remain vigilant. I would like who saw off attempts to dispose of the site, where now to thank all the agencies involved with fighting the fire, of course a high school is flourishing again. particularly the New South Wales and New Zealand firefighters and our many volunteers. Juri was my campaign director for four elections, and he involved himself in every aspect of campaigning. No National Youth Week task was too menial for him. He was always a source of great counsel through the ups and downs of the Mr DELAHUNTY — A number of organisations campaigns and particularly in those nerve-racking across the Lowan electorate have been successful in hours as the votes would come in. Juri always called the receiving grants of up to $2000 to help celebrate this result, called it early and got it right. year’s National Youth Week in April. They include: Dimboola Memorial Secondary College for its You Are Our community is a better place for having had Juri Ots Not Alone — A Day on the Hill project; Glenelg Shire amongst us, and that is why his passing is such a blow Council for Out and About; Horsham Regional Art to so many of his friends and comrades. I extend my Gallery for its Skater project; Nexus Youth Centre in deepest condolences to his wife, Margaret, and Horsham for My Voice, My World; the Western children, Sarah and Karl. Vale my dear friend. District Health Service for Lights! Camera! Action! and the West Wimmera Shire Council for its youth art exhibition and market day. I congratulate all the recipients and look forward to many exciting events organised by young people for young people in western Victoria.

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MATTERS OF PUBLIC IMPORTANCE strategy and the action plan we are also looking to see if we can do something to reduce what is now notionally Road safety: government strategy known as the hidden toll. That is the number of people — some 5000 or thereabouts — who are The SPEAKER — Order! I have accepted a seriously injured as a result of the collisions that occur statement from the member for Gippsland South on our roads annually. Again, at the moment in Victoria proposing the following matter of public importance for we have a circumstance where tragically collisions discussion: result in that number of injuries, which at the present time are classed as serious injuries. We want to take That this house endorses Victoria’s road safety strategy 2013–22 and Victoria’s road safety action plan 2013–16, both steps to reduce the number of serious injuries by similar of which were recently announced by the Victorian sorts of margins as the collisions, so that we get the government. number down to about 3500 annually. Again I emphasise that that of itself is an appalling toll and I Mr RYAN (Minister for Police and Emergency believe much of it is utterly avoidable. Services) — It is my pleasure to speak to the matter of public importance before the house today. I believe that I bring to this debate about 20-odd years experience in every now and then there comes a time in the operation my career in the law before I came to politics. I acted of a Parliament at large when there is a chance to really only for plaintiffs; I did not act for defendants. I did not make a difference. The issue of road safety is one such get on well with insurers — and nothing much has opportunity, so it is that I bring this matter of public changed, I must readily confess. By the same token, I importance before the house today. acted for people who had suffered appalling events as a result of incidents. So for years I dealt with the broken Historically there has been a bipartisan approach to this bodies, the shattered lives and the minds that had been critical issue in Victoria. In so saying, I well recognise left in complete disarray because of events arising from and respect that the opposition will be looking to make collisions. Often all too tragically I was acting for a comment — probably some of it critical, dare I say — widow, a widower or a partner in the circumstance about aspects of the matters before the house today, but where that person had been left alone as a result of a as a general principle I hope that we can reach a collision having occurred and having resulted in a position where across this Parliament we all agree with fatality. the fundamentals that go to road safety, the importance of it and matters of that ilk. As the morning unfolds, let I bring to mind straightaway a tragic case many years us see, as far as that very important issue is concerned. ago on the Bengworden Road, the back road between Sale and Bairnsdale. One morning, a young police The basic thrust of the government’s strategy and the officer who was on patrol on his motorcycle was riding accompanying four-year plan is in a sense relatively through an intersection. On the intersecting road there simple. The basic strategy is to reduce by some 30 per was a young mum driving her vehicle with her cent the number of deaths on our roads in Victoria and 18-month-old son in the back seat. As she passed to do so by the year 2022. Last year 282 people died on through the intersection, she turned to make an Victorian roads. That is an appalling loss of life. I adjustment to the child’s seat or to otherwise address a represent people in towns in my electorate of Gippsland problem that had arisen in the back seat. In that moment South that have populations of that number or fewer. of distraction, she hit that young police officer’s To think that, on the 10 or 20 occasions that come to motorcycle and killed him. I subsequently acted for the my mind on reflecting on those towns, we sacrifice that widow. One year I was doing cases for seven widows number of lives on our roads annually is to me as a result of their partners having been killed in a absolutely unacceptable. What the government is variety of accident circumstances, some of them motor looking to do through its strategy is address that loss of vehicle collisions. These things are avoidable, and I life, at least to the point initially of a 30 per cent believe we have an opportunity to do something about reduction by the year 2022. That, in round figures, them. means more than 80 lives will be saved annually if this strategy is able to be given effect. I spent years looking at the back ends of these tragedies, picking up the pieces and trying to help the victims. The strategy is accompanied by a four-year action plan Now, by dint of circumstance, the government and I — that sets out a number of initiatives. Others who are and in principle, if I may be so bold, the opposition — speaking to these matters this morning will go through are committed to doing something at the front end of some of those initiatives. In addition to dealing with the this issue to actually get ahead of the problem and see if issue of the actual loss of life on the road, through the

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we can reduce both this terrible toll of fatalities and the truly that in the public arena there is a lot of debate hidden toll of injuries. about the cameras, but I implore people to have regard to the Auditor-General’s report; it puts the issue beyond I personally believe that most of these collisions are not doubt. accidents. They happen as a result of events that are avoidable, and they happen primarily because people The other thing we did was to introduce for the first make poor choices. They choose to speed, they choose time anywhere in the world a road safety camera to drive when they are under the influence of alcohol, commissioner. I believe that role has been they choose to drive when they are under the influence extraordinarily successful. The commissioner, Gordon of drugs, they choose to drive in circumstances where Lewis, who is a former County Court judge — and I they are not concentrating. Whether it be due to a believe it can reasonably be said he is much mobile phone call or some other form of distraction, respected — has taken a lead role in making sure that people make poor choices, collisions occur and these there is an independent third party actively engaged in calamitous events arise as a consequence. I believe that the way the systems operate. He has made if we can have people make better choices about the recommendations from time to time with regard to the way in which they drive their motor cars, that will be a cameras. I have considered those recommendations as big step towards being able to achieve the end result we they have come forward and I have accepted them. seek. The one of most import, I suppose, that comes to Since coming to government we have taken a number people’s minds concerns the cameras out at Melbourne of steps on this journey. When I first assumed the role Airport and in a number of other locations around of Minister for Police and Emergency Services I had Melbourne and Geelong. The road safety camera careful regard to the issues around road safety cameras. commissioner, having examined some complaints It has been said by some that at some stage in the past I about their operation, particularly with regard to the was critical of road safety cameras. I want to make it timing devices, concluded that it would appropriate for clear to the house that that is not the case for me some 6974 fines to be revoked, and that happened — personally. I accept that others have been critical of the money was repaid and the points were restored. It road safety cameras, but that is not my position. In any happened in all but about 8 or 10 cases where it could event, on coming to government I decided that I would not be done because of prevailing circumstances. The hand this whole issue to the Auditor-General for his recommendation was made and it was complied with. consideration, that we would have the Auditor-General examine the situation with regard to road safety We established the Ministerial Council for Road Safety, cameras, and that is what happened. which I have the honour of chairing. It comprises the Minister for Public Transport, the Attorney-General and As the house knows, over a period spanning something the minister responsible for WorkCover, the in the order of seven or eight months there was an Honourable Gordon Rich-Phillips. The four of us have examination of the system, not only within Australia been able to bring all the mechanisms of government and within Victoria in particular but also and its agencies under the one area of controls from internationally. The Auditor-General hung this whole which we are able to make joint decisions about the issue up by the heels and shook it out; he carefully all-important issue of road safety. That has made a examined it and then reached conclusions. The headline profound difference, I believe, to the way in which we conclusion in the Auditor-General’s report that was deal with this critically important issue in Victoria. tabled in this Parliament is that cameras save lives; they do in fact work. Accordingly, I think that issue is now In addition, last year we surveyed Victorians as to their beyond debate. thoughts on these important issues. There were some 16 000-plus responses to that survey, in which people Cameras save lives, and the tracking of the way the made it clear to us what they thought were the road toll has diminished over the years since the appropriate steps to take with regard to these critically introduction of these cameras also tells that story. When important issues. We considered those responses, as you speak to people like Ken Lay, our current Chief well as the work which has come to us through the Commissioner of Police, who has a proud record of different forms of research and the different bodies that service, particularly in this area, you hear that in his participated in giving us advice through the work of the opinion this is absolutely beyond debate. When you ministerial council. talk to assistant commissioner Bob Hill, who now has responsibility for this particular area of road policing, And so it is that we have developed a strategy and an his views are precisely the same. I understand well and action plan. All of this is supported through the

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recruitment, training and deployment of additional is very commendable. There are parts of the policy we police here in Victoria. It is our intention, as the house would support, such as reducing distractions on roads knows, that by November 2014 we will have added and reducing serious injuries — and I have had many 1700 operational front-line police to the ranks of people come through my doors with serious injuries Victoria Police. By 30 June this year that number will from road accidents. The intent to reduce serious be in the order of at least 1200 additional police, with injuries from 5500 to 3850 is something we very much the balance to come by the time of the next election. support. We also support greater endeavours to reduce According to the chief commissioner’s determinations, drink driving. It is a bipartisan approach when we say some of this resource will go to the issue of road safety we very much support the intent and some of the and making people more aware of the police presence policies that have been put forward. out there on the road. I say as an aside that I think it is important that there be a visible police presence on our We question, however, the capacity of this policy to roads, and indeed in the community generally. I think actually get there, and we question whether these plans having more police out there will be an effective part of have all the right policies put together in them. As we our approach to this strategy. have said, things such as education and enforcement we support. Using 40-kilometre-an-hour zones to improve The position overall is that we have to date advanced a pedestrian and cycling safety and to encourage safer package of measures, those I have outlined briefly here road sharing among all road users is very good, and we today and others. Through the operation of the strategy definitely support that. This is, however, about trust and and the accompanying four-year plan we intend to add commitment and the question of who people want to to those measures. There will be an additional number run their road safety policy. It is about honesty in of initiatives that are legislated through the Parliament relation to road safety policy and about not using it — to do with a toughening up of the road laws in various this is in my cynical way of looking it — as a cover-up respects, and again others will speak to that as the for appalling crime, hospital waiting lists and the morning unfolds. The fundamental point remains: Herald Sun tapes. 282 people died on our roads last year, and some 5000 people or thereabouts suffered serious injuries. Telling the truth is vital for any leadership group. I am For the main part these dreadful events occurred as the referring to being honest with the public — an issue we result of collisions, which are very, very avoidable. The saw this week in relation to Independent Broad-based basic aim for all of us is to do what we conceivably can Anti-corruption Commission (IBAC), which cannot to reduce that toll in the manner in which this strategy investigate anything, as Stephen Charles said. This describes — and to go beyond it if we possibly can. should not be about a facade and smokescreens but should involve treating road safety very seriously. It is I conclude with this observation, Speaker. For the last incumbent upon the government not to use this as a couple of years I have had the honour to open an diversion from its dramas but to treat the issue with all important annual conference conducted by police, seriousness and come out with a policy that is fully particularly those engaged in road safety issues. When I developed by the time it is released. As Simon Ramsay, opened the conference this year I estimate there were a member for Western Victoria Region in the upper roughly 450 police officers in attendance. As I finished house, said, ‘balls and some truth’ are required, which I speaking I said to the room, ‘Can you indicate which of thought was a rather eloquent — or blunt — way of you have had the appalling task of going to a door late putting it. at night or making a call or a contact to tell loved ones the ultimate tragedy had occurred?’. Do you know, We know the road safety policy was released too early. Speaker, to my absolute horror about 85 per cent of There were no dates given for legislation and no time those police officers raised their hands. We are all lines. There was very little action, and as my beautiful committed to this, and the police in particular. I would son would say, ‘Nothing happening, Dad’. That is how urge therefore that we as a Victorian community really I look at it. There are far too few specifics in this policy. take this on — face it head on — to achieve the It is a bit like the speed limit review which was ultimate aim we are seeking. released — it was sat on for 12 months. There was no action on the issue of 70 and 90-kilometre-an-hour Mr DONNELLAN (Narre Warren North) — The speed limits. Now we have that repeated in the road opposition endorses the intent of the government’s road safety policy, and there is no funding to roll out the safety policy. We are of course very supportive of changes in the signs. After so much fuss made by reducing the number of deaths on our roads. The last government members when they were in opposition, figure is 282, and the government’s intent is to reduce there is no funding for that. that figure to 200 over the next 10 years, which I think

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What we have in this policy is simply an overblown Mr Herbert interjected. announcement of Transport Accident Commission (TAC) funding, that has been available for many years. Mr DONNELLAN — Yes, we do remember the It is a fit-up. It is dressed up as a contribution from the hypocrisy of all this. On page 12 of its own policy the government’s budget to road safety, but this funding government says it will increase its use of automatic has been available for many, many years. The $1 billion speed enforcement, including point to point, mobile the TAC will be spending over the next 10 years is not speed and red light camera systems. But the police coming out of government coffers; that money was minister swore black and blue on the Neil Mitchell always going to be available, in consultation with the program, ‘No, we’re not increasing them’. We had the minister of the time, for spending on road safety. Now, each-way bet special, and we love each-way bets. They however, it is being used to run maintenance in this go well in the electorate. But sometimes you get caught state, because we have had so much money taken out of out, because if you sit in the middle and say you are maintenance. This is policy fraud. This is a beat-up of going to try to do everything, sooner or later someone what the TAC does and has been doing for many will cut you in half. It is not good enough. We have had years — and it does a very good job, I might add. It has various messages over the years — — always funded road safety, but now we suddenly have an overblown policy announcement that is all about the Mr Nardella interjected. TAC and what it does. Mr DONNELLAN — Yes, it is a bit like a barbed The TAC, as I said, does a marvellous job, but I know wire fence. At the end of the day we have had various many people in the TAC are very annoyed at the messages from this government in relation to speed members of the government for taking their eyes off the cameras, speeds, tolerance — everything — ‘You can real issue of road safety and at the TAC now having its have it each way. You can do whatever you like, because we want all your votes, even if you’re going to money spent on maintenance when it was always focused on black spot programs and the like. In other kill each other on the roads’. That is what we have had. words, the government has reached out and said to the We have had very mixed messages, let me be very TAC, ‘We’re going to take your money and use it and clear. claim it all as our own, and we’re not going to tell Mr Mulder interjected. anybody we took $100 million out of road maintenance last year; we’ll just cover that up. It is in budget Mr DONNELLAN — I like the fact that the paper 3, page 302, but we’ll just cover that up’. minister at the table, the Minister for Public Transport, is suggesting the messages have not been mixed. A The government has had two years to put this policy 2010 newspaper article states: together. You would have thought there would be more time lines, more specifics on when legislation is going While in opposition, the Liberals also criticised Victoria’s low to come into the house and even specifics on the tolerance levels, which give little leeway to motorists who tailgating technology we are going in search of. We are inadvertently drive slightly over the limit. going in search of the yeti, or something like that. The That is what the opposition did. Let me be very clear. It attitude is, ‘We believe there might be technology out is rubbish to say the current government is not having there, we think there is technology out there and we are an each-way bet. The article continues, and this is in the going to set up a group to hunt it down’. That does not now Premier’s own words: sound like a policy that was well thought out and well put together. It should have been done properly. At last month’s Herald Sun/Sky News people’s forum during the election campaign, Mr Baillieu said ‘most people think Mr Nardella interjected. speed cameras are revenue raising’.

Mr DONNELLAN — It is a bit like the black cat; it What sorts of messages are being sent out — that it is is a bit of diversion. This is about being honest with the just all revenue raising? We have had so many mixed public. What we heard the other day on radio 3AW on messages from this government; it does not know speed cameras was hysterical. On 3AW the police whether it is Arthur or Martha. You could not trust it to minister talked about speed cameras and said, ‘No, say it was Arthur or Martha, because it would next tell we’re not going to increase their use or their numbers. you it is Jenny — that it is neither Arthur nor Martha. We don’t really know what we’re doing. We’re This is ridiculous. The government has given so many flip-flopping all over the place. We might; we might mixed messages. not. We might consult someone; we might not consult anybody’.

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To be fair to the now Premier, at the time of that article reduced the road resurfacing budget by 60 per cent in he did promise he would indicate where the speed our last budget’. He would have said, ‘We’ve reduced cameras were located. That is the only promise he has it, and that is why your roads are deteriorating’, or he actually stuck to. could have said, ‘We took $100 million out of the road maintenance budget in the last budget’. But, no, Mr Mulder interjected. government members have said, ‘We blame the weather’, and, ‘We blame wind farms’. I am sure they Mr DONNELLAN — He stuck to that promise. He blame Prime Minister Julia Gillard as well. They blame has not stuck to all the others, but he has stuck to that everybody, but they are not honest with our regional promise. cousins. They are not honest enough to say, ‘Look, We have had big increases in the number of speed we’ve cut the budget, so unfortunately your roads are cameras. We on this side have always said they are deteriorating’. You could hop into the holes on the about safety and they reduce deaths on our roads. Those South Gippsland Highway and have a sleep! Then you on the other side — and we know the minister likes a would know there are problems. bet, like all of us — have had each-way bets. They have This week the Great Southern Star newspaper in had the specialists. They have not just put it on the Leongatha is so concerned that it is starting a sticker nose; they have taken out a box trifecta, or something campaign: ‘Fix our roads’. It sounds like a campaign like that, on this issue. They have bet on virtually every we used to hear from The Nationals: ‘Fix country roads horse in the race, just trying to make sure that they and save country lives’. The government has picked up come home with the goods. and run with the old slogan of The Nationals. Is that not This is about honesty, and we have not seen a lot of sensible? Government members are having a ball of a honesty from the government in this house in the last time. They know what they are doing because they couple of weeks in terms of leadership and in terms of have seen these roads deteriorate and fall apart in the the Herald Sun tapes and the like. We have not had last two years. The budget is just going down and honesty. What concerns me about this policy is that it down. has been rushed out without time lines to ensure — — We have seen the Woolsthorpe-Heywood Road in the An honourable member — Desperate. electorate of the Minister for Ports disappearing before our eyes. It is meant to be used by B-double trucks for Mr DONNELLAN — Desperate to cover up the milk industry and the like, but they cannot drive everything that is going on. down there because the road just disappears.

An honourable member interjected. Mr Weller interjected.

Mr DONNELLAN — Yes, after two years, and it is Mr DONNELLAN — I worry about the dairy still being rushed out, which is a bit tragic and sad. But industry, like the member for Rodney, but if you do not we have a Premier and a Deputy Premier who do not have a road in front of you that you can drive on, what seem to know what is going on in their own offices. We are you going to do? You are going to do nothing. You have a Deputy Premier who goes on 3AW and tells us are going to have to sit still and bring industry to a speed camera numbers are not increasing, but the policy standstill. It is just not good enough. This is about this says they are. There is an absolute lack of attention to government being serious about what it is doing. detail and incredible levels of dishonesty about what is going on in regional Victoria in terms of road funding. One last comment I want to make is about the school crossing program. Recently we got some FOI There is one special thing that I think is just hysterical: documents. On the school crossing program the federal a press release from the Deputy Premier headed ‘South member for La Trobe, was written to by Bruce Gidley, Gippsland’s busy roads set to receive boost for road chief operating officer at VicRoads, and told: repair’. That is good. The Deputy Premier’s own press Under previous programs, electronic speed limit signs were release reports him as saying: installed outside schools located on roads with a speed limit of 70 kilometres/hour or above, as well as the busiest The South Gippsland Highway near Gelliondale has 60 kilometre/hour roads (that carry more than 20 000 vehicles deteriorated more rapidly than expected after two years of per day). I am advised that Belgrave-Gembrook Road, outside wetter than normal weather … Selby Primary School, has a posted speed limit of 60 kilometres/hour and carries 5500 vehicles per day. If he had been honest with the public — and that is Accordingly, electronic speed … signs were not previously what this is about — he would have said, ‘We have installed at this site.

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The letter goes on to say the program has been fully Warren North is dead wrong. To set the record straight expended. on road funding and maintenance, our last budget contained a record level of funding for road But then I go to an FOI document, a brief from Bruce maintenance across the state; it was higher than the last Gidley, in relation to the member for Warrandyte and budget put forward by the Labor government. It his seat. There is a request for the minister to fund his provided $160 million for local councils to help fix school crossing program even though, quite clearly, in their local road networks, a level of support to our the FOI report it does not meet the guidelines — and smaller rural councils in country Victoria to help fix up good luck to the school for getting it. The brief clearly their road networks that has never been provided by a says: Labor government.

Under previous programs, electronic speed limit signs were As a member of Parliament and a minister I can say that installed outside schools located on roads with a speed limit of 70 kilometres/hour or above, as well as the busiest a lot of work has been undertaken over the last couple 60 kilometre/hour roads (with a volume greater than about of years, particularly over the last 12 months. We have 10 000 vehicles per day). seen the formation of the Ministerial Council on Road Safety, which is a bringing together of the four key That is again having an each-way bet. It goes on: agencies, the Attorney-General, the Minister for Police Park Road, outside the Park Orchards Primary School, has a and Emergency Services and the Assistant Treasurer, posted speed limit of 60 kilometres/hour and carries … the minister responsible for the Transport Accident 6600 vehicles per day. Commission. I believe putting in place a ministerial council has been one of the key initiatives of this It therefore does not meet the guidelines. The brief government. It has enabled us to have better continues: coordination between the road safety agencies that are Accordingly, electronic signs were not installed … under involved in delivering the road safety strategy and the previous programs. action plan. It is been a fantastic initiative. I personally thank all of the agencies involved for the work they In other words, this one gets funded, even though it have undertaken. does not meet the criteria, but those in Selby do not get funded. You have to wonder why this one was funded. A fantastic level of input has been provided to the We know why this one was funded. It is because it is in government, with the Victorian public and the a Liberal Party electorate and it was for a minister. ministerial council working together to come up with There is also one for the Premier in this lot. There are a our new strategy and an action plan, which have whole lot which do not meet the program requirements, received enormous support from the broader public. and they are all just election commitments. They do not Developing the strategy and action plan was not just a meet the program, and it is very clear that the minister matter of the agencies sitting around a table. We is dodging it up — — conducted a significant survey of the Victorian public, and 17 000 people responded to the survey on road Honourable members interjecting. safety. The public sent us a direct message about what it wanted us to achieve. The survey asked about issues Mr DONNELLAN — Dodging it up! such as whether there should be increased education for The SPEAKER — Order! The member’s time has younger drivers on road safety risk, with which 92 per expired. cent of respondents agreed. On the issue of whether repeat drink drivers should face longer bans from Mr MULDER (Minister for Roads) — I rise to driving or owning a car, 89 per cent agreed. It went on support the matter of public importance put forward by and on. We looked very closely at the public response. the Deputy Premier. I open by clearing the record in We looked at a lot of the research. In some cases the relation to a couple of issues. Firstly, the member for research did not support the response from the public, Narre Warren North raised an issue in relation to the and in those cases we went with the research. However, speed limit review, which was a review that was on a lot of occasions the research supported the announced without any money. More than $5 million response from the community, and we then moved has been allocated over four years, of which $1 million forward with that. is to be spent this year. There is also an evaluation currently under way by the speed advisory committee I have been a member of the parliamentary Road Safety of the 70-kilometre-per-hour and 90-kilometre-per-hour Committee in the past. I was on that committee when speed zones — in other words, the member for Narre the member for Geelong was chair and when the member for Lara was chair. We did an enormous

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694 ASSEMBLY Wednesday, 6 March 2013 amount of fantastic work on road safety issues and I will touch on an issue that is pretty close to my heart, made a considerable number of recommendations to the which is the issue of driver distraction. A lot of work Victorian Parliament. Many of those recommendations was done and a strong emphasis was placed on this were taken up. There has always been strong bipartisan issue. Younger drivers, inexperienced drivers, feature support in relation to road safety initiatives. It was very regularly in our road toll and are overrepresented in that disappointing to hear the member for Narre Warren toll. People in the 18-to 25-year-old age bracket are part North embark on what I saw as an attempt to destroy of a new generation that is socially connected. They the road safety strategy document and action plan that carry their mobile phones with them everywhere they we have brought forward. go, and they believe they have to respond immediately to a text message or a phone call, even while they are There will be a new focus and emphasis on people driving. You could not get a more lethal mix than an taking responsibility for their actions. The Deputy inexperienced driver with a telephone in front of them, Premier rightly pointed out the issue of choices. Of looking down, taking their eyes of the road and sending around 282 fatalities that occurred last year, over 170 a text message to a friend or a family member while related to speed, alcohol or not wearing seatbelts. This driving. issue is about choices. It is the message that we want to get through to the public. We will do all we can as a We have made a decision that all P-plate drivers, P1s government in terms of supporting the broader and P2s, will be banned from using mobile phones in community, supporting the Transport Accident their cars. We are going to dramatically increase the Commission and providing a $1 billion fund to improve level of fines for those younger drivers. The P1s will road infrastructure, which will deal with things like lose 4 demerit points from their licence straight off if head-on crashes, cars run off the road and dangerous they are caught texting or using a phone in their car. intersections. We will do all of that, provide education, Even older drivers — and I note the research shows provide support and put additional police out on the some of those drivers have acknowledged they phone road, but the community has to come with us on this and text using a hand-held device while driving — will issue. The community has to be a part of this. It has to see around one-third of their points disappear for one take on board the responsibility. offence involving texting or using their mobile phone while driving. It is about choices. When people make a choice to get in a car and travel at high speed through residential It is one thing to have the stick out to do something areas and are involved in a collision, that is not an about young drivers in that capacity, but the other issue accident — that is someone who has made an appalling is we have to make sure we can support them. I choice. It is the same with people who decide to go out congratulate VicRoads once again on another and get drunk, get in a car to drive afterwards and are development it has worked on with a company here in involved in a fatality. Once again that is an appalling Melbourne — that is, Road Mode. This is a new app choice. Not wearing seatbelts in this day and age is that works with Android phones, which people can another bad choice. People have to sit back, ask download from the VicRoads website. The app themselves the question and make the right choice. basically enables you to put your phone on silent. Not They have to stop and think long and hard before they only does it stop text and phone messages from coming go down the pathway of making inappropriate choices through, but it sends back a message to the person who that add volumes to our road toll. has tried to contact the driver which says they are driving at the moment and it would be a distraction to We want people to change the way they think. We are talk to you, but once they have finished driving, they dealing with this issue of choices. We are dealing with will get back to you. I think that is a pretty good the category of serious injuries. We are going to focus message, but I am not sure what the member for very heavily on people who sustain catastrophic injuries Bendigo East thinks. such as brain injuries, quadriplegia or paraplegia. We want to make sure we get a very clear message through Ms Allan — I think many things. to the public as to what it means to make a bad choice and find oneself in such a situation. It is not about just Mr MULDER — I know the member for Bendigo about the individuals who are involved in accidents; East thinks many things, but I think it is pretty poor and their families, partners and children all have to live with in pretty poor taste to ridicule an initiative like that, the trauma of a serious accident that involves those because it is the younger drivers and the younger types of injuries. people out there who are going to become the drivers of the future. They are the ones we want to make sure we send a very clear message to.

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The issue of tailgating was once again ridiculed by the safety in this Parliament. This particular matter of member for Narre Warren North, but it is one of the big public importance is about road safety. issues. Apart from run-off-road accidents, rear-end collisions are the next major form of collisions on the The SPEAKER — Order! What is the point of road network, and we intend to do something about it. order? Technology is currently in use in the United States and the United Kingdom, but we do not want another myki Mr Mulder — I ask that you bring the member scenario. We will look at the best technology that is back to the matter of public importance. It is in terms of available. VicRoads and other government agencies relevance. involved in road safety will go over there and evaluate The SPEAKER — Order! I do not uphold the point that technology, then we will bring back to Victoria the of order, but I do ask the member for Bendigo East to best possible technology to deal with and assist in this discuss the matter of public importance before the particular area. We are totally focused on driving down house. the road toll and driving down serious accidents on the road, and we just hope the opposition — — Ms ALLAN — Indeed I was indicating the opposition’s very strong support for road safety The SPEAKER — Order! The minister’s time has initiatives. We do not support the politicisation of the expired. issue, but we do support road safety initiatives that are Ms ALLAN (Bendigo East) — I am pleased to join about improving the circumstances for drivers in this with members of the house to speak on this matter of state. It is wrong for the Minister for Roads to be so desperate as to try to attack the opposition for public importance from the member for Gippsland South, and let me put well and truly to rest the mind of something that just is not there. I would have thought the Minister for Roads. The Labor opposition does the Minister for Roads would have been welcoming the indeed support road safety initiatives. We do indeed fact that across the table we have indicated our support support measures by the government to improve roads, for road safety measures. The one criticism we have is to improve mechanisms for drivers and to make sure that this is nearly two and a half years too late. When that we all continue to focus on this important public the government came to office it scrapped the road safety strategy that was put in place by the previous policy area. So the Minister for Roads was wrong when he said that the member for Narre Warren North was government. Okay, so it wanted to come out with its trying to destroy a road safety strategy. He was wrong own strategy. It wanted its own name on the when he attacked me, as he just did in reference to publications. The minister wanted his photo on the front issues that had been raised. He is desperate to try to cover, rather than what might have been. That is fair enough. We can understand that, but we do not support make this a political issue, because he knows this is the only area of public policy on which this government the fact that the government sat on its hands for more can hang its hat. We saw this last week. than two years before we saw this road safety strategy.

If the government genuinely believed in road safety as a That is why today we are talking about Victoria’s road safety strategy for 2013–22. We are not talking about bipartisan issue, we would not have seen the blatant politicisation of the strategy that we saw last week. the road safety strategy of 2011, and we are not talking Initiatives were dripped out day after day. It would not about the road safety strategy of 2012. We are talking be too hard to join the dots between the drip-feeding of about a road safety strategy that is kicking into place road safety initiatives and the fact that over the course two years after this government took office. That is what we do not support: we do not support a of the last week appalling health data was released, appalling crime statistics were released and there was government that sits on its hands on road safety. There the leadership speculation that has riven this are initiatives in here that appear to be good initiatives, government. All the while it is trying to use this road strong initiatives that can help drive down the road toll, safety strategy as a smokescreen. It is trying to use this which of course is something we all support. I think we all know of experiences, of families or friends who strategy to conceal the true issues that are besetting the Liberal-Nationals coalition government and its litany of have been affected by road accidents. They are problems and failures. I say very clearly that the Labor incredibly traumatic, and that is why we have been opposition strongly supports road safety initiatives. urging the government for some time now to have in place strategies that can help reduce the road toll in this Mr Mulder — On a point of order, Speaker, there state. has always been strong bipartisan support for road

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However, I do want to point to some inconsistencies in seen time after time the government say one thing and the government’s position when it comes to road safety do a completely different thing. and particularly on the matter of speed cameras. I heard the previous speaker and proposer of the matter of If you want to look at the revenue that has been raised public importance, the member for Gippsland South, by speed camera fines, the forecasts in the budget show say just a few minutes ago in this house that speed that it is expected to increase by 19.1 per cent this cameras save lives. It is curious to note that in financial year. That is in the government’s own government, with the benefit of hindsight, the member forecasts. Some hundreds of millions of dollars have is now saying speed cameras save lives. That is been raised from speed camera fines over the last two something that quite broadly we would agree with; it is years. The issue here is not that that revenue has been something we were very firm on when we were in raised but that the government has had that revenue and government. However, it has not always been the has not released a road safety strategy during that time. position of the member for Gippsland South, who is the It is not an issue of its not having had the funds. Very Minister for Police and Emergency Services and clearly there were funds raised from road users that Deputy Premier. could have been put into initiatives to support road safety. But, no, the government sat on its hands for The minister said this on 9 July 2010, as reported in the more than two years. It was happy to bring in revenue Age: from motorists. It was happy to have that money sit in its coffers. But government members were not happy to But opposition police spokesman Peter Ryan said the roll up their sleeves, do the hard work and release a government was increasingly dependent on revenue from fines. road safety strategy.

‘If the general public were able to access the warnings to the I heard the Minister for Roads earlier gloating about same extent officers are apparently doing, the government and praising the fact that he established a ministerial knows it has the potential to suffer losing a substantial council on road safety. He established that only amount of income … 5 minutes ago — only in very recent times — when it is When he was the shadow police spokesperson on these something that should have survived the transition of matters the member for Gippsland South was sending a government. Those sorts of actions are things about message out to a group of people in the community which a government can say, upon coming to office, who were concerned about this issue and drawing a link ‘Okay, we might keep this going because it is just too between revenue that was raised from speed cameras important to let it go’. But, no, this was a government and the incidence of their being caught speeding. At more interested in the politics, more interested in that time the member was speaking directly to that trashing the reputation of the Labor government, than in group in the community who were concerned about addressing important road safety initiatives for the state these issues. Indeed the opposition leader at the time, of Victoria. That is what concerns us. That is what the now Premier, said this, as reported in the Age of makes us anxious. 23 March 2008: As I said, last week we saw the government’s I hope speed is down but it’s curious that speed camera drip-feeding of this road safety strategy to cover up a revenue is up fourfold at the same time. week of scandal and incompetence, with elective surgery waiting lists skyrocketing and the release of Once again, he was doing that thing that members of data showing that crime in Victoria has risen by 9.5 per the Liberal Party and The Nationals are very good at: cent, a massive increase in the crime rate. The the dog whistle. They are very good at saying one thing government knew this bad data and these figures were when in opposition and a completely different thing coming. It knew that was all done by its own hand, when they are in government. because it has cut $65 million from the budget of We do not quibble with the road safety strategy that has Victoria Police and $616 million from Victoria’s been released, but we will take this government to task hospitals. This is a direct consequence of its actions, for its inconsistencies and for the way it blatantly and the government is desperate to use road safety as a politicised this issue when it was on the opposition smokescreen. It is that politicisation that we do not benches. It is not something we will do. We will not support. politicise the issue of speed cameras. We will not Mrs BAUER (Carrum) — It is certainly a pleasure politicise the issues that are contained in this road safety to speak on the matter of public importance (MPI) strategy. But we will take the government to task for raised by the member for Gippsland South. As a the way it says one thing and does another. We have member of this Parliament I am very proud to stand and

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endorse the Victorian road safety strategy 2013–22 and while driving. There is a temptation to answer the Victoria’s road safety action plan 2013–16. The phone when it is ringing, but that increases the chances strategy and the action plan will drive the next decade of an accident happening. of road safety initiatives. Our coalition government is certainly leading the way. Both the strategy and the We talk about the road toll, but every four days there is plan have been welcomed by people in my electorate. an accident in the Victorian community that results in They were delighted to see the lead the government is someone sustaining an acquired brain injury from road taking. Last week I received a lot of commentary from trauma. In 2012 I was very proud that the coalition people in my electorate of Carrum saying that anything announced an allocation of $36 million for a new we can do as a community to prevent death and serious Alfred Health rehabilitation centre for acquired brain injury on our roads is a topic close to the hearts of not injury at Caulfield hospital. This initiative was only those of us here in the Victorian Parliament but welcomed throughout Victoria, Melbourne and the also those out in our communities across Victoria. Carrum electorate.

I would like to commend the minister for showing The road safety strategy aims to reduce deaths by strong leadership and for introducing strong initiatives. 30 per cent by 2022. This 30 per cent reduction will The recommendations in the strategy and the plan are lower the road toll to below 200. Last year there was a innovative. They aim primarily to drive down the road record low road toll. There were 282 people killed on toll, and they are some of the most significant changes I our roads which is 282 too many. Many — 43 in can remember seeing to address road safety. People in fact — were not wearing seatbelts. That is 282 people the Carrum electorate and right across Victoria can be who were not with their families on Christmas Day. confident that the coalition government will do all that Another 5000 people were injured. Anything we can do it can to save lives and to reduce the road toll. as a coalition government to drive that toll down is certainly welcome. When you look at the road system it is interesting to note that 5 million people a day use our roads, whether One of the interesting facts about this MPI and the it is to get to work, to take children to school or to go on action plan for road safety is that these holiday. When I get behind the wheel of a car, recommendations have been made after extensive especially with my family in the car, my concern is community consultation. I was delighted to see that always about other drivers: I hope they are not over 16 500 responses to the survey on road safety were distracted and that they are concentrating. The aim received. This was an overwhelming response and one when you get in the car is to get to the other end of your of the biggest a government has received. The plans journey safely and to return home safely. look at tackling speed and drink driving and at protecting pedestrians, cyclists and motorcyclists and I note, for example, Edithvale Road. It is just one road suggest key reforms in a variety of areas. A significant in my electorate, and yet 15 900 vehicles use that road investment of $1 billion will be made to improve the every day. This strategy and action plan provide tools state’s riskiest roads and intersections. There will be that we can use to assist in improving road safety, but tougher approaches to dealing with drug-affected and ultimately it is the driver’s responsibility. The buck drink drivers, interlock devices for all drink drivers and stops with the driver, whether that be a cyclist, car a new offence for those who continue to drink drive. driver, motorcyclist, or driver of a truck. Unfortunately We have also heard the minister speak about banning many accidents in our community are preventable. We P-platers from using mobile phones. We are enforcing, need a change in attitude. Often a change in attitude educating and engineering innovative measures to cut happens with the maturing of drivers. This makes a the road toll. difference; the road toll certainly indicates that. There will be a public awareness campaign to When you consider that a car weighs at least discourage driving while distracted, which will focus 1000 kilograms, you realise a driver needs to make only not only on phones but also on many different one wrong choice, to lose concentration or to distracted distractions. I have seen people applying make-up as and it can end in tragedy. I find it quite unbelievable to they are driving along, which I believe is quite hear time and again that people behind the wheel distracting, using their iPads or typing an address into a continue to make wrong choices. For example, I heard global positioning system device. That issue will that last week a driver in my electorate had been caught certainly be looked at. Improvements in safety at driving at seven times the legal blood alcohol limit. regional level crossings have been needed for a long That is unfathomable, as is people not wearing time, and I am proud to say that we will be undertaking seatbelts, for example, or talking on a mobile telephone those improvements.

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It was only last week that I had a constituent, Gary budget. It was a four-year program which dedicated an Watts, say to me in conversation that it is frustrating for average of $15 million to cycling infrastructure, and it drivers when cars do not pull over to the left-hand side concluded in 2012. The strategy we are discussing of the road but rather stay in the right-hand lane. This today without a single dollar attached to it is simply can often happen with trucks as well. That is a valid hollow rhetoric. It is like saying to students, ‘Go home point. Gary may be interested to know that travelling at and do your homework. It is good for you, but we are a speed too far below the speed limit and failing to keep not giving you anything to do. You’re not being set left were addressed in this survey and that 79 per cent homework; we are just saying it is admirable’. A of people who participated in the consultation agreed strategy is admirable, but it has to have funding that those things are problems. attached to it. Cyclist safety deserves both works and funding. The strategy and its implementation rely on effective partnerships between VicRoads, the Department of I want to go to what is delivered in this strategy and to Justice, Victoria Police and the Traffic Accident what could be delivered but is not. In the past we had a Commission — and they have all commenced fantastic cycling infrastructure program. In 2011–12, implementing the initiatives. I would like to commend $14.4 million was allocated to the VicRoads bicycle the local Kingston and Frankston police and emergency facilities funding program. The year before that services personnel. They are the ones in my community $16.3 million was allocated, and the year before that who have the tough job of attending road trauma $13.9 million was allocated. I repeat that in the last situations. They are the ones who visit homes, knock on budget there was zero funding. doors late at night and deliver devastating news of road trauma and accidents to distraught families. In 2010 Why am I upset about this? I am upset because cyclists there were five deaths in Frankston and three on are disproportionately represented in road tragedy and Kingston roads. road injury statistics. We are not talking about a few people; we are talking about a lot of people. In 2007, In conclusion, I commend the minister on his strong there were 6 cyclist fatalities, 502 serious injuries and approach to improving road safety. Anything that we as 764 other injuries. Labor acknowledged that that was a government can do to drive down the road toll and too high and put in funding to address it. In 2008, there ensure that people in our communities right across were 9 cyclist fatalities, 489 serious injuries and Victoria have a better chance of getting behind the 855 other injuries. In 2009, there were 6 fatalities, wheel and feeling confident that other drivers are not 460 serious injuries and 992 other injuries. There is a distracted and are doing the right thing gives more significant reason why we need to invest in cyclist Victorians the chance to arrive home alive. safety.

Ms CAMPBELL (Pascoe Vale) — I rise to speak If you look at the statistics on the number of people on the matter of public importance and say that who are cycling, you will see that the number is rising. members of this government should hang their heads in In the 2006 census, the mode share of bikes was shame because the government has taken two years and 1.3 per cent in Victoria and 1.6 per cent in metropolitan three months to come up with a road safety strategy. Melbourne. The number of cycling trips to work in We understand that a new government may not wish to Melbourne grew by almost 43 per cent in the five years continue with the former government’s road safety from 2001 to 2006. The mode share of cycling is strategy — one that was proven, was reducing the road significantly higher in inner Melbourne. Therefore we toll and was funded. Instead the government ditched need funding to address the health and wellbeing of that strategy and created a vacuum — a vacuum that for cyclists and to educate other road users that cyclists are two years and three months was not filled. When this at greater risk of serious injury and death. strategy was launched last month, what happened? Two glossy publications were released. Were there any I am a great supporter of the Melbourne Football Club, funding announcements in them? No. It was a zero as most people know. For many years as a child I result. watched and applauded Ron Barassi, a great Demon. He helped us win premierships and led the Demons in a I want to concentrate on some of the most vulnerable bygone era of great acclaim. Ron Barassi is one of users of our roads — cyclists. Cyclists may be school those who was appalled by the lack of funding in the students, commuters travelling to work or people riding last budget, and he joined another great Demon, Brian recreationally, but all are in danger on our roads when Dixon, who was a sports minister in the Hamer Liberal there is not adequate funding. The previous government government, to protest about the lack of cycling delivered a strategy on cycling and safety and a bike funding in the last budget. In a letter sent to the

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Premier, the Treasurer and the Minister for Public concentration. It could be a decision they make to drink Transport combined with other great luminaries of drive whilst out on the roads or it could be a decision to Melbourne’s sporting arena and also with Liberal speed, but ultimately it is a decision that ends with dire Party — — consequences, not just for the driver but for their family. Ms Green — Deputy Speaker, with apologies to the member for Pascoe Vale, I draw your attention to the This resonates quite profoundly in my electorate, which state of the house. I do not believe a quorum is present. covers the city of Casey and Cardinia shire. We have quite a high rate of car accidents, a high rate of fatalities Quorum formed. and a very high rate of serious injuries on our roads. The increase in police numbers in the area is doing Ms CAMPBELL — Before the quorum was called, something to assist with our concerns. However, there I was highlighting that it is all very well to have will always be something out of the ordinary and strategies but they have to be funded. At page 16 of the unexpected. We hear plenty in the media about these document entitled Victoria’s Road Safety Action Plan being accidents; however, they are collisions. It is 2013–2016, in the section on cyclists, there is a heading important that we do not call them accidents. They are ‘What we’re doing’ — ‘we’ being the coalition generally due to a lack of concentration or a decision government. The coalition claims the following Labor made by the person who hopped into the vehicle. As I initiatives as its own. Under the heading ‘Engineering’, said, it is important that we reflect on how it affects the coalition says it is ‘using 40-kilometre-per-hour families, and that is why the government is putting in zones to improve pedestrian and cyclist safety’, which place a strategy for road safety across Victoria. It is was an ALP government initiative. The coalition also something I am very proud to support. claims it is ‘improving pedestrian and cyclist safety in “black areas”‘. The black areas program is again There was a young girl in my electorate whose story something that was developed by the Labor was very prominent in the media down our way. She government. The coalition claims it is ‘developing new was 19 years old and coming home from Berwick. It is cycle-safe roundabouts’, which again was a Labor understood that on her way home she lost concentration initiative. on the road for a minimal amount of time. The young girl I am talking about was Laura Scott, who was Then the coalition says it is ‘providing safer popular with sports clubs and with her friends. She had infrastructure on local roads’ by implementing ‘a grants left school. At an event I spoke to her father, Phil Scott; program for local government to provide safer cycling he lost his daughter to what could have been a lapse of infrastructure’. For two years I have been calling in this concentration for a couple of seconds. house to have the Upfield shared pathway funded; $900 000 is all that is required to finish the loop that At 80 kilometres an hour, in a couple of seconds you takes people from Craigieburn, around the Western travel about 25 to 27 metres. It is important to note that Ring Road and right through to the city. The Minister this is a lack of concentration that probably all of us, for Roads has continued to close his eyes and ears to whether in this chamber or outside it, have experienced the pleas of Moreland cyclists and the Moreland City at some time on our roads. Whether a phone rings and Council. Page 16 of the strategy offers Labor programs you look down to see who is ringing, whether you look but with zero funding. It is an absolute joke. across and realise you have put the wrong address in your GPS and you go to change it or whether you think The other joke is contained in the section regarding you can quickly type ‘OK’ as a text message reply, you safety in the other document we are discussing, hope that during that time nothing will happen in front Victoria’s Road Safety Strategy 2013–2022. The of you. But you should speak to Phil Scott. He is now coalition cannot even get the cycle references right on an advocate who goes out and speaks to young people pages 8 and 9. This is an appalling missed opportunity so they understand the consequences of decisions like for cyclist safety. that.

Mr BATTIN (Gembrook) — I rise today to support In our strategy we are looking at technology and its this matter of public importance. When we talk about applications. We are living in the i-age where we have road safety campaigns, we are talking about the road iPhones, iPads and Galaxies — we have got more safety strategy or the road safety plan. More phones and contraptions than we can poke a stick at. It importantly we are talking about life and death and is very important that we use these applications and people on our roads. We are talking about people who technology wisely, because if they are available to will miss Christmas because of something like a lack of young people, they might be the difference between

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them looking down and checking the phone or not, or reckon I stood there for nearly a minute before I making a decision about replying to a text. If that actually knocked on the door. decision had been made wisely on that night and a young girl like Laura Scott was concentrating fully, her That is the message we need to get out to every person. father would not be going through what he has through That is the education strategy and campaign we need to for 12 months or more. That tragedy happened on send out to make it known that when you hop in a car Mother’s Day, and it is not a Mother’s Day gift that and you decide to drink drive, speed or lose anybody deserves. Laura’s mother woke up that concentration, it will affect your family and your morning to the sound of the police knocking on her community. We need to tell people how it will affect door to tell her that she had lost a daughter. them. The effects are felt throughout the community because 99 per cent of the time when there is a big I will tell members about my personal experience. accident with a death, the ambulance also has to attend. When the Deputy Premier spoke earlier he told us that Ambulance officers have to go out there. They do it during a police function on road safety he asked how because they want to support the community; they are many officers had had to go to someone’s door and tell such great contributors to our community. The aim is them that a life had been lost. He said he was surprised obviously to save a life, and we support them for that. when about 85 per cent put up their hands. I would There are also volunteer organisations such as the have been one of those to put up my hand. I have Country Fire Authority (CFA) and Metropolitan Fire knocked on a door to tell someone that they have lost Brigade. Whenever there is a car accident the CFA someone in a car accident. attends and that also affects the community. I speak to staff from the local CFA brigades at Berwick, On one occasion I had to do that a gentleman had lost Beaconsfield and Pakenham, or up through the hills in his life after he had made a decision to hop into his car Emerald and those areas where there is a high rate of and drink drive. He decided that he could have a few accidents, and every time there is an accident it affects drinks because it was not far to go home, but on the them; it affects them in the way that they go about their way home he lost his life. In his decision making he day-to-day business. probably was not thinking about the consequences or what his family would have to go through should One of our local State Emergency Service volunteers something happen on the way home; it was not was also a fantastic advocate for driver safety. He something that would have even crossed his mind. That regularly spoke in schools and to people in his is one of the reasons I support the strategy the community. He regularly put the message out there. government has put in place and the plan for the next Strategy or no strategy, whichever government was in 10 years. I know we focus on figures. We look at place, he just wanted to get the message out there that it figures to in an attempt to reduce the road toll to 200 is not okay to do certain things on our roads and we and to reduce the serious injuries to 3800, which would have to respect the laws. If we respect the law on our be a 30 per cent reduction, by 2022. It is good to look at roads, then there is a lot more chance that we will those figures but we have to look at the individual survive driving on our roads. He was a fantastic person cases, such as the case of the gentleman I have just to go out and do that. Tragically he lost his life on his mentioned who, if he had had the education and motorbike, doing 80 kilometres an hour, all within the understanding of the consequences for his family, may road rules, because someone else decided to disrespect have made a different decision. those rules and hit him from behind while travelling at over 150 kilometres an hour. That happened on For me it would have meant I would not have had to Wellington Road. Many members would have heard knock on someone’s door. I can tell members, on about it because it took place on a sitting Tuesday and behalf of every police officer, not only those we have obviously the traffic delays on that day were noted in presently but also the 1700 more coming on board, that the media. I attended his funeral, as did every it is unfair on them to have to knock on someone’s door high-profile person and every volunteer in his and tell them they have lost a loved one. It is the hardest community, who all spoke about him. The irony is that thing they could ever do in their job. When people talk this was a man who went out to schools to tell us all about their jobs, they talk about whether what they do is why we should drive safely on our roads and yet he was exciting and the highs and lows that go with it, but for a tragically taken. police officer, having to knock on someone’s door is the scariest moment of their entire career. During my I know the focus today is on talking about the career I encountered violence and what have you at government’s strategy and its plan up to 2022. The different stages, but I can tell members that nothing is message I want to convey to people, and I have recently more scary than standing in front of someone’s door. I put out some material throughout my electorate and in

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the local papers, is to talk about what you, as a local were affected forever, and some families were person in the community, can do. Not every member of destroyed. the community will read our strategy and not every member of the community will read our plan, but they What struck me when I was reading this article by can do things and put things in place to make sure that Samantha Lane were some of David Hille’s comments they improve road safety in Victoria. Every person has as he reflected on that accident 15 years ago. The article an opportunity, and often it is simple things. If you are quotes him as saying: planning to drink, plan not to drive. You can organise a I remember bits and pieces of the accident, but more than cab or a bus and there are services available to give anything I remember the smell … people an opportunity to do this. In Upper Beaconsfield there is a company called Buddy’s that will pick up … 10 people at once, which is a fantastic idea, and it gives There’s something in a fluid or something in a metal when people the opportunity to get home safely. If you it’s burning that is distinctive. are — — They say a lot of what people experience is related to their Ms Green — Deputy Speaker, this is an incredibly senses but because I was traumatised I didn’t have a lot of my other senses. So smell is just something that can’t be altered important matter of public importance, and I direct your by such an experience as much as what your other senses attention to the state of the house. are … Quorum formed I was basically hysterical, and even to this day I don’t quite know how I got out of the car … Mr CARROLL (Niddrie) — It is my pleasure to But I can remember screaming. Screaming. And people, rise to make a contribution to the debate on this matter neighbours, from the surrounding houses, came out and of public importance concerning Victoria’s road safety helped us … and in particular the government’s road safety strategy 2013–22. All members present would be aware that I remember talking to a police officer, I can’t even remember if it was a male or female, but they said to me, ‘Do you Victoria has led the way when it comes to road safety. understand the gravity of this situation?’. We made seatbelts mandatory in the 1970s, introduced random breath testing in 1976 and speed cameras in David Hille was affected forever by that fatal accident 1985, and we made infrastructure and other in which three of his best friends passed away. The improvements, including the statewide black spot Essendon Football Club, to its credit, got behind the program and the Transport Accident Commission seatbelt campaign. Essendon fans in the house will (TAC) Safer Roads Infrastructure program. remember that the club got permission from the AFL for its players to wear for one game jumpers whose The main thesis of my contribution on this matter of sashes were seatbelts. public importance is the value of seatbelts. Many members will be aware that back in 2010 under the Let us remember the key statistics. Around 280 people Brumby government we celebrated the fact that it was a year, or more than one in five people a week, die on 40 years since the introduction of seatbelts. What our roads. Every day 15 people are seriously injured, grabbed me during that campaign was an Age changing their lives and the lives of their families newspaper article by Samantha Lane which talked forever. According to the document entitled Guide to about the vice-president of the Essendon Football Club, Project Evaluation Part 4 — Project Evaluation Data David Hille, and his experience 15 years ago. I have the prepared by Austroads, the association of Australian article with me. and New Zealand Road Transport and Traffic Authorities, road trauma costs Victoria over $3 billion a At the time David Hille was one of eight year 11 year. That is a massive amount of money by anyone’s students who loaded into a car on Frankston’s Bangalay standards. But over the years, through the successive Avenue on a Saturday night with a 17-year-old introduction of seatbelt laws, random breath testing and unlicensed driver at the wheel. David Hille increased black spot funding, Victoria has almost miraculously walked away from the wreckage halved the number of serious injuries since 1987 from unscathed; however, three of his classmates died at the 10 000 down to about 5500. Powerful advertising over scene of the accident. They were in a 1988 Nissan the past 18 years, mainly sponsored by the Transport Skyline station wagon which split in half around a tree. Accident Commission, containing graphic images and The group had skateboards and basketballs in the car. footage illustrating the serious trauma associated with They were mates going on a journey, but within road accidents deserves a lot of credit for that. 60 seconds of getting into the motor vehicle their lives

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I give some credit to Victoria’s road safety strategy for I support this strategy. I think it is welcome on a the real-life examples that are included in it. The central bipartisan basis. Going right back to the 1970s we have message of the TAC campaigns and all road trauma seen both sides of this house contribute to the road advertising is that anyone can imagine a loved being safety message. Random breath tests, compulsory involved in an accident and a police officer knocking wearing of seatbelts and black spot funding all on the door late in the evening or parents getting a contribute to road safety, and they all need support. I phone call in the middle of the night. The strategy welcome the strategy. Over the next decade I hope to document includes the story of Simon Van Beest, see its implementation and see us continuing to build on which reads: results, particularly reducing serious injuries and halving the road toll. When Simon Van Beest was just eight his life changed forever. He survived a car crash but with a serious brain Mr WELLER (Rodney) — It gives me great injury and partial paralysis. pleasure to rise this morning and talk on the matter of He had to relearn all the basic life skills starting with simple public importance on the road safety strategy. In things like how to swallow, crawl, stand, and then on to following the member for Niddrie, I indicate that I was walking, talking and dressing himself. very pleased to hear that he agrees that we should It took years, and it radically changed not only his life but the continue to have bipartisan support for the road safety lives of those closest to him. Now at 33 he can live campaign that has been going on in this state since right independently with support and is part of the community, but back to the early 1970s, when the then Hamer it isn’t the life he or his family thought he would live. government brought in the law making it compulsory to One of the centrepieces of the government’s strategy is wear seatbelts. In those days every year the lives of the billion-dollar Safer Roads Infrastructure program. more than 1000 people, which was a horrendous figure, We heard the shadow Minister for Roads, the member were being lost on the roads. One is too many but 1000 for Narre Warren North, talk about some of the cuts to are far too many. Over that time members on both sides road funding and question whether this $1 billion can of Parliament have worked hard to bring down the road be delivered. As the member for Niddrie I certainly toll. It is good to hear the member for Niddrie hope it is delivered over the next 10 years; it needs to committing to continue the bipartisan support in trying be delivered. I have written to the Minister for Roads, to bring the toll down further. who is also the Minister for Public Transport, on The Victorian government has released a new 10-year several occasions on behalf of my electorate, and I have Victorian road safety strategy for the period 2013 to a couple of examples from my electorate I would like to 2022. This strategy sets an ambitious target of a highlight. reduction in deaths and serious injuries on our roads of Valley Lake, the old Niddrie quarry estate, will have more than 30 per cent by 2022. Achieving that 1500 residents by the end of next year. The estate was ambitious target will mean a total road toll of fewer purpose built to be serviced by buses, but no bus than 200 deaths and fewer than 3850 serious injuries by service has been funded. The strategy rightly highlights the end of 2022. Victoria will also lead the way in the population growth that Victoria is experiencing, and Australia by introducing a new severe injury measure. with population growth come more people on our The new measure will reflect those life-changing and roads. We need to make sure that our outer suburbs, our permanent injuries such as quadriplegia, and it will newest communities, have the appropriate roads and the focus our efforts to reduce the terrible toll. appropriate safety measures. The new strategy and our first four-year action plan Another example I have written to the minister about is have been shaped by the Victorian community. Over Fullarton Road in Airport West. There is a bus stop 16 500 responses to the road safety survey and there that would not even meet VicRoads’ own discussion paper were considered. That has been one of guidelines, which the organisation produced in 2006. It the hallmarks of this coalition government — that we is a bus stop that the Bus Association of Victoria itself actually go out and consult. On this strategy we had says should not have happened. It is a bus stop which 16 500 people come back and give us their thoughts on the local school principals tell their students not to use how we can improve road safety in Victoria. Where because it has no connecting footpath and is completely there was a difference between what the evidence unsafe. However, if this money can be delivered, with shows works and what some in the community wanted, bipartisan support we can go some way towards the decision has been to support initiatives that have reducing not only the road toll but the number of been proven to work. Victoria’s road safety action plan families affected by serious injuries. for the period 2013 to 2016 concentrates effort on tackling the major contributors to trauma — that is,

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speed and drink driving — as well as protecting those I refer to the safety of country road users, which is most at risk: motorcyclists, pedestrians and cyclists. important to my seat of Rodney, which is in the country. I am very pleased that there will be an Achieving our ambitious targets requires a improvement in safety at Victoria’s regional level comprehensive range of effective and proven crossings and that the motorcycle black spot program initiatives. There is a $1 billion commitment over the will be used on popular touring routes. next decade to improve the state’s highest risk roads and intersections. There will be tougher approaches to Tragically we lose too many young people on our dealing with drink and drug drivers. Alcohol interlocks roads, so young drivers will have targeted education, for all convicted drink drivers and the impoundment of and there will be an extension of the Fit to Drive vehicles of drivers with over .10 per cent blood alcohol program to all Victorian schools as well as an extension concentration will be key measures, together with the to all P-plate drivers of the ban on the use of mobile creation of a new offence for continued drink and drug phones while driving. For older road users there will be driving. a simplification of Victoria’s road environment and an improvement in signage. A graduated licensing system As I said, there will be impoundment of cars where the will be introduced for motorcyclists and the wearing of drivers have been found to have a blood alcohol boots will be mandatory. To address unlicensed drivers concentration greater than .10 per cent. A constituent of there will be the introduction of a requirement for all mine, Mr Davies from Cohuna, very sadly lost his son Victorian drivers and riders to carry their licence when in a car accident. For some years he has been pushing driving. For truck drivers we will trial fatigue detection with me that we should treat drivers with a high blood technology, and new penalties will be introduced for alcohol concentration the same as hoon drivers. The tailgating. On vehicle safety, we will trial in-vehicle impoundment of cars of drivers with a blood alcohol warning devices to alert drivers to approaching hazards concentration higher than .10 means that we will be such as trains approaching level crossings. treating them the same way as we treat hoon drivers, so it is very pleasing to have that in the action plan. Given that I represent a country area, I refer to what the government will do in the country under Victoria’s road The new action plan will also see new enforcement, safety action plan. We will expand the Safer Roads education and engineering measures to cut the road toll. Infrastructure program, which aims to reduce the They include addressing speeding by encouraging incidence and severity of crashes along roads with people to use technologies that alert drivers when they relatively high numbers of serious casualties. We will are speeding. I have had trouble with driving a bit fast. spend $100 million a year for the next 10 years to improve the safety of Victoria’s roads and roadsides, Mr Northe interjected. with treatments such as sealing shoulders and installing Mr WELLER — Not just in the fire truck. rumble lines, wire ropes or guard rails and making However, that was when I did not have cruise control. intersection improvements. Since I have driven a vehicle with cruise control, I have Ms Beattie interjected. not had a speeding fine. Mr WELLER — We need to improve the roads. Mr Northe — Since when? The government took to the last election a commitment Mr WELLER — It was probably about 10 years for the 40 smallest shires in Victoria to have $1 million ago. a year for four years. That is $160 million over four years that we have injected into those 40 smallest shires On distractions, last week a major new campaign was so that they can improve their roads — and their launched by the Premier to educate people on the bridges, which were left to rot under the previous dangers of driving while distracted. There will be government. We are improving safety at level crossings tougher penalties for drivers who are detected using a in country Victoria. I can report that we are spending mobile phone while driving. It is well known that if a $5.6 million on the Echuca–Bendigo rail line, where driver is distracted they lose their concentration and there will be boom gates on all crossings between accidents can happen. We want to avoid that. In relation Echuca and Bendigo. That will improve not only safety to pedestrians and cyclists, we will review the use of but the time that the train will take to travel from 40-kilometre-per-hour zones where the risk of Bendigo to Echuca. It will take some 20 minutes off the pedestrian or cyclist crashes is high, and there will be a trip. It will be a win for everyone by being a safer and new black area program to provide safer infrastructure faster service. where clusters of pedestrian and cyclist crashes occur.

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As I said, the government will use about important road safety and road upgrade matters 40-kilometre-an-hour zones to improve safety for as a joke, as he has done over many months. pedestrians and cyclists. We will develop guidelines to enable greater use of the 40-kilometre-an-hour zones Almost every adjournment matter I have raised in this where there is risk to pedestrians and cyclists. It has Parliament over a number of years has been on issues been proven that if you can segregate pedestrians and of road safety and the lack of investment in road cyclists from vehicles, you can improve their safety, so infrastructure under this government. But I commend we will move to do that. the minister on one issue that I raised on behalf of the community where he has acted in response to The material the member for Narre Warren North community concerns, and that was the issue of the brought up included some false claims — they were number of fatalities that have occurred on the fiction. He claimed that the government had cut the Whittlesea-Yea Road and the need to drop the speed spending on roads. If members look at the total spend limit there. I know that many people who spend a lot of for road asset management in the 2012–13 budget, they time commuting on the Whittlesea-Yea Road for work will see that it was $432.9 million, which is higher than were not necessarily happy that that speed limit the amount of $383.5 million provided by the previous dropped from 100 kilometres to 80 kilometres, but the government in its budget for 2010–11. We are spending number of deaths was just too high. That was really $50 million more a year on road asset management than very important. the previous government spent in its last budget. I commend this strategy. I was pleased to hear that it has I draw the attention of the house to the part of the bipartisan support, as was expressed by the member for government’s road safety strategy that deals with Niddrie. engineering and expanding a safer road infrastructure program, and I implore the minister to ensure that Ms GREEN (Yan Yean) — It is with pleasure that I country roads and also outer suburban roads get that join the debate on this matter of public importance. I investment. Anyone who has visited Kinglake recently, commend the government for releasing a road safety a community which has suffered so much since the strategy, but I am concerned that it has taken more than fires, would find that the speed limit on the main road two years to do so. However, I would say, I suppose, that goes through Kinglake at the moment has dropped that it is better late than never. I hope it indicates a to 40 kilometres an hour for a stretch of about 80 to significant change in the government’s attitude, because 100 metres where there is no bitumen or tarmac on the Victoria has a proud record of bipartisanship in this road at all. This is not good enough for any community, important policy space, from the introduction of and particularly not for a community that has suffered seatbelts to random breath testing, the introduction of so much. That section of road is particularly unsafe. drug testing and many other measures over the years. When we were in government we had the Arrive Alive I also draw the attention of the house to coverage of the strategy. It delivered significant improvements in road recent fires in Epping North. The front page of the safety in our time in office, and it was something I was Whittlesea Leader on 26 February, under the heading very pleased with. The black spot program and the grey ‘Close Call’, reads: spot program also delivered significant road Epping North’s Cara Horner wants to know why the road improvements. However, I am getting lots of feedback network failed her, daughter Amber, two, and thousands of from community members and local government, and I others when last week’s grassfire hit. have experienced it on the ground, that never has VicRoads been at such a low ebb in terms of its On page 13 of last week’s Whittlesea Leader, in an resources and funding to put into maintenance and article entitled ‘Gridlock leads to firetrap fears’, the roadside maintenance, road safety and road upgrades. Whittlesea City Council advocacy director, Griff Davis, is reported to have said: Members on this side of house have regularly been pilloried when they have raised matters with the … he was disgusted with the state government’s lack of support for the community. ‘It shows a lack of empathy for Minister for Public Transport about the need for road the needs of this community … safety upgrades in their electorates. They have regularly been denigrated and pilloried. I would hope that with And Aurora resident Tony Francis is quoted as saying: the introduction of this strategy and a commitment to ‘If there’s a fire, there’s practically no chance of getting bipartisanship the transport minister will cease making out … responses to opposition members which time and again treat the matters we raise on behalf of our constituents that is, out of Epping North. The article also says that Mr Davis:

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… flagged roads around the Mernda–Doreen corridor as interchange between O’Herns Road and the Hume another potential hotspot during emergency evacuations. Freeway. The state government, however, will not put ‘If there was a fire in that area there would be mayhem’, that on its list of projects to go to Infrastructure Mr Davis said. ‘It would be likely that Plenty Road would be Australia. In fact I received a letter from the roads blocked, forcing the majority of residents to travel eastward to minister five days before the Epping fire indicating that Yan Yean Road, which is the same standard as Epping Road. the government did not think that upgrade would be But (there’s) a much higher population than Aurora’. necessary until 2046. That is just not good enough. The This government has repeatedly ignored not only my residents were very upset when they heard that five pleas for road upgrades in the area but also the pleas of days before the fires, and now, after the fires, they are local councils. The minister and other members in this absolutely terrified. house on the government side would have it that there was no investment in outer suburban roads by the I would place relevant hope in the introduction of this previous government. There certainly was, but it has road safety strategy by this government, which will be stopped. Except for what was already planned and supported by the opposition provided it includes under way, projects that were funded by us when we upgrades for roads in outer suburban areas for outer were in government have been halted. I therefore plead suburban communities, because they deserve their fair with this government. What could be more important, share. The government needs to start listening and what could be a greater commitment to safety and road caring about the road safety needs and access of safety, than ensuring the population can exit an area in community members when they are trying to get to the event of a disaster such as a fire? work or to school every day and in the event of emergencies. Both sides of the house support road Other outer suburban roads have also been problematic. safety, but it has to be across the community. The member for Narre Warren South has raised with the Minister for Roads in this house and with ministers Mr SOUTHWICK (Caulfield) — It is my pleasure in the other place on a number of occasions an upgrade to rise to speak on the matter of public importance of Thompsons Road between the South Gippsland endorsing Victoria’s road safety strategy for Highway and Western Port Highway. In the five-year 2013–22, a 10-year strategy, along with our three-year period to 31 December 2011 there were 48 casualty action plan to ensure we get on with doing what we can collisions in that area, including 2 fatal and 18 serious to protect people who use the roads — and some injury collisions. 5 million Victorians use the roads, whether they travel by car, by bike, by motorcycle, by public transport or As this house would know, just like the city of walk. Whittlesea, the city of Casey has huge population growth — it is one of the fastest growing areas in the I say at the outset that road safety is something where country — and it is unconscionable that this members from both sides of the house actively work to government is not prioritising roads in outer suburban look at what we best can do to reduce the road toll. This areas on the basis of not just amenity and congestion is one of the issues where we really aim for bipartisan but also safety. It must be about protection of life and support. We have heard a number of members from the property. opposite side give some great examples of people in their electorates who have been affected by this issue, In returning to the Epping North situation, I note that I and I commend members of the opposition who have have raised on many occasions the need for the taken that stance. However, the member for Yan Yean government to match Labor’s commitment to duplicate was concerned that it has taken two years to develop a Epping Road. Any time there is a fire call or road strategy. In any work a government does you do not rescue call to the Epping Country Fire Authority just react instantly without a well-thought-out plan, and station, the volunteers can hardly get to the station, let I will come to that in a minute. We researched, we alone exit it, because it is right on this intersection that consulted with Victorians, we had added input from the government will not upgrade — the Victorians and we had empirical research to ensure that Epping–Findon–O’Herns roads intersection. It is not we were getting the job done in terms of having the only there where the fire brigade cannot get out and do right policy. its important work of assisting residents in a disaster; it is also at the other end of O’Herns Road. I will pick up another thing. The member for Gembrook made a very important and emotional, The council has been having discussions with the personal contribution about volunteers in his electorate. federal government, which has indicated it would be I note — as the member for Yan Yean leaves the quite open to an application for funding for an chamber — that the member for Yan Yean interrupted

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at a very important moment. The member for rehabilitation centre for people with an acquired brain Gembrook was talking about a State Emergency injury to be established at Alfred Health’s Caulfield Service volunteer in his electorate who was killed in a hospital. The Caulfield hospital is world renowned for car accident. I found it very upsetting that the member its work in rehabilitation. In this area of brain injury it is for Yan Yean would call a quorum and play politics great that the hospital is working with the department over lives at that particular time. and with the Transport Accident Commission and is doing what it can to develop a centre that is world I note that the member for Gembrook was personally renowned and will help those people by affected by this, as were other colleagues, and I think it accommodating some 42 inpatients. The service will is disturbing. When we are talking about something as include a community rehabilitation service plus a important as the road toll, we should not play politics transformational living service to help patients return to with it. We should all have the opportunity to contribute their daily activities and, hopefully, back to work. important and personal reflections about lives that have been affected and people within our electorates. I This is a great facility that is currently under way. It is therefore take that up with the member for Yan Yean, set to open early next year. As I drive backwards and and I console the member for Gembrook, who is forwards to my electorate office I see the progress of passionate about this area and who made a very good the centre. I look forward to the centre being opened contribution. and providing a great facility for all and sundry to use, not just for the residents of Melbourne but statewide. As I said, this matter of public importance is a very Hopefully it will go a long way in assisting those who important one. Five million Victorians use the roads have acquired a brain injury as a result of a road and are out there wanting to get from A to B in the best accident. possible time and in the safest possible manner. Unfortunately in some instances things become The key objective of the strategy in front of us is to unstuck, and again unfortunately in many instances the reduce the road toll and promote safety through casualty is the innocent victim — the person who has education and tougher laws. I commend the minister been hit by a vehicle or who has been traumatised or and the Victorian government on introducing the the person who has lost a life indirectly through losing a strategy, which has involved community input. It is not relative or friend and who has suffered as a result of the something that the government has done like a bull at a loss of that life. In 2012 the road toll was the lowest yet, gate; it is not something it has just reacted with but as I said, no government can be complacent about overnight. It has carefully thought this out and carefully that, and we need to do what we can to reduce the road consulted on it. More than 16 500 people have toll as much as we possibly can. The strategy we have responded to a road safety survey, and a further in front of us is about doing that. We are aiming for a 227 people made submissions to the survey. Empirical 30 per cent reduction in fatalities and accidents that research has also been done, which supported some of leave people with serious injuries. the information to ensure that we have a plan that goes all the way through — from education to enforcement The fact is that as a result of accidents last year some and to rehabilitation. 282 people are no longer with us — relatives, friends, people who would have certainly been there celebrating In all instances this is a very good plan. We talk a lot in a birthday or another important occasion and who are this chamber about enforcement, and along with no longer at the other end of the phone — and enforcement comes education. It is important to inform 5000 people were seriously injured. We need to do people that they must change their habits. A safety whatever we can to make sure that does not eventuate strategy like this is as much about education as it is again. More than 1200 Victorians are living with an about enforcement. Just by us talking about it and acquired brain injury as a result of a road accident. promoting it, by getting out into our local electorates Every four days someone in Victoria suffers from a and talking up the strategy, we as local members can do severe brain injury as a result of a road accident. I want so much to ensure that we get across the message: to to bring to the attention of the house this particular watch out on the road, do the right thing, look out for statistic because it is horrific: every four days someone colleagues, do not drink and drive and about when you suffers from an acquired brain injury as a result of a are young and first get your licence there is the road accident. responsibility that comes with getting your licence — all of those things, to ensure that we reduce the road I draw attention to the work being done at the Caulfield toll. hospital in my electorate. I was pleased that the government announced $36 million in funding for a

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In the last minute or so I want to pick up on some of the STATEMENTS ON REPORTS recommendations that have come out around motorcycle use. I am a motorcyclist myself and I am Law Reform Committee: access to and familiar with close encounters, fortunately not too interaction with the justice system by people close, as I have had them on a number of occasions. with an intellectual disability and their families There have been many times when I have been cut off and carers on the road — through black spots of vehicles and people just not looking out when they are driving. No Mr CARBINES (Ivanhoe) — I am pleased to make matter what you do as a cyclist, you always have to be a contribution in relation to the Law Reform twice as aware of what is going on around you for those Committee’s report entitled Inquiry into Access to and who will not be aware of you on the other side. Interaction with the Justice System by People with an Intellectual Disability and their Families and Carers. Of those surveyed, 80 per cent supported improving Our investigations included reviewing some education about sharing the road with motorcyclists, 60 submissions and hearing direct evidence from 79 per cent supported increasing policing of unsafe 40 organisations. I note that some of the key elements behaviour of motorcyclists, and 77 per cent supported a the committee was charged with investigating included requirement that motorcyclists wear protective clothing the participants’ knowledge of their rights, their such as boots — a simple, basic requirement to ensure dealings with police and the courts and the availability that motorcyclists wear boots, which is very important. of supports and services. With this strategy we will promote safety, technology and better clothing. We will better prepare new riders to The committee was asked to also look at nationwide be safe, we will target enforcement and we will ensure and international best practice that may have been able that all motorists are protected. to be put forward as recommendations for here in Victoria. This included a determination to find This is a great strategy; it is a well-thought-out strategy. measures we could develop to improve participation, I am pleased we have a government that is working deliver just and equitable outcomes for people with very hard to reduce the road toll. I commend the intellectual disabilities and also drive collaborative and minister on his work, I thank all the Victorians who more coordinated approaches across various contributed to the survey and I commend the matter of government jurisdictions and departments. public importance to the house. We were also charged with the responsibility of looking The ACTING SPEAKER (Dr Sykes) — Order! at cognitive impairment and acquired brain injuries and The member for Lara has 1 minute. how they relate, as much as intellectual disabilities, to people’s access to the justice system. I am pleased to Mr EREN (Lara) — In the short time I have say that throughout the report the committee adopted available to me I would like to put on the record my language that addresses those matters, looking not only views on this motion. As the former chair of the Road at those with intellectual disabilities but also those with Safety Committee I know we had a bipartisan approach cognitive impairments. We have dealt with them both to road safety; there is no question about that. But as in the report, which is a very just way to deal with those previous speakers have pointed out, there was a lot of matters. criticism by the then opposition, which is now the government, about speed cameras and how effective At the outset I would like to thank my fellow they were. I think names such as ‘cash cows’ and ‘cash committee members: the member for Prahran, our cameras’ were being bandied around by the then chair; the member for Morwell; a member for Northern opposition. Right at the outset we said that those safety Victoria Region in the other place, Mrs Petrovich; and cameras do — actually, it is proven that they do — save of course the deputy chair and member for Brunswick, lives on the road, and back then the opposition who co-authored Labor’s minority report on the obviously disputed that. committee investigation. I also want to thank Dr Vaughn Koops, who leads our secretariat. The work One other issue that I would like to point out is that all they have done to ensure we came up with the report the initiatives that have come out recently do not have we have has been immeasurable. one cent attached to them. It is about time this government put its money where its mouth is and put I quote the chair, who said in his foreword on page 20 some money into road safety. I encourage the of the report: government to do so.

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People with an intellectual disability or cognitive impairment changes to guidelines for grants of legal aid as proposed in are more likely to experience barriers and disadvantages recommendation 21. when seeking access to and interacting with the justice system compared to people without these disabilities. I will conclude by quoting from the final part of the minority report at page 374. It states: That of course is the nub of the work we have done. Too often, access to justice comes down to an individual’s I wish now to focus on the minority report. We agreed financial circumstances, their personal wellbeing and any with the vast majority of the 47 recommendations that available family and peer support. People with an intellectual were put forward by the committee. However, we felt disability or cognitive impairment are disproportionately reliant on the resources and advocacy of government to that there were a couple of items that required the navigate the system and secure just and fair outcomes. casting vote of the chair, as is his right, in relation to some matters we wanted to address. We might have I commend the report of the committee. We have done dealt differently with only 5 of the some very good work this year, particularly in relation 47 recommendations, and we would have perhaps liked to those vulnerable people in our community and the to have made a further recommendation. aspects in the minority report. If we could pick those up, we will go further in providing them with justice. There were 14 recommendations to which we were keen to give greater effect, but they were rejected by the Law Reform Committee: access to and government members of the committee. The key areas interaction with the justice system by people in particular on which we had differences of opinion with an intellectual disability and their families related to parole and accommodation and to the and carers overrepresentation of those with an intellectual disability before the courts who meet all the Mr NEWTON-BROWN (Prahran) — In the cut requirements for parole but are unable to get parole and thrust of the political process in this place it is easy because of a lack of accommodation options in the to lose sight of why we are here. We are not here to community. That is something we feel the government provide a spectacle to fill the daily papers; we are needs to address. The minority recommendation at elected to represent our constituents and to try to page 372 is: improve the lives of all Victorians in all sorts of ways. This is why I am very proud of the bipartisan work That the Victorian government ensure that people with an intellectual or cognitive impairment are not denied parole completed by the Law Reform Committee in its inquiry solely due to the availability of suitable accommodation. into access to and interaction with the justice system by people with an intellectual disability and their families That is a matter we would like to see addressed. and carers. The recommendations provide a whole raft of ideas to better support those with an intellectual The situation of independent third persons is another disability or cognitive impairment when they come into matter where we feel greater resources need to be contact with the justice system. provided to the Office of the Public Advocate to ensure that independent third persons are always available to It is a mark of our society how we treat our most provide support, advice and encouragement to people vulnerable, and in Victoria we pride ourselves on the with intellectual disabilities when they come into supports we offer to every person in this state, including contact with the court system or are being interviewed those with an intellectual disability and those with by police. The police manual states that an independent cognitive impairment. The recommendations in this third person should be made available, and we think report will assist the government by providing some greater resources are needed around remuneration, the ideas it can consider for measures to improve those removal of caps from independent third persons for the supports for people with intellectual disability or work they do and greater encouragement to ensure that cognitive impairment. they are available and supported in that work. That work is coordinated by the Office of the Public The definition of a person with an intellectual disability Advocate, and that is the place where that work needs generally refers to conditions that people are born with, to be done. whereas by contrast cognitive impairment is generally an affliction acquired through things such as brain Victoria Legal Aid funding has been a significant issue injury. However, the challenges faced by people in both of late. The minority recommendation at page 373 is: those groups are generally the same when they come into contact with the justice system. In the course of the That the Victorian government examine whether funding for Victoria Legal Aid should be increased to allow for the inquiry the committee heard evidence that people with an intellectual disability and/or cognitive impairment

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are often dependent on others to complete their daily Law Reform Committee: access to and activities. They have reduced access to education and interaction with the justice system by people they may experience social isolation. They are likely to with an intellectual disability and their families rely on social welfare for income, and therefore they are and carers vulnerable to social disadvantage. They also can have issues in understanding what would be normal Ms GARRETT (Brunswick) — It gives me great community expectations and social norms. pleasure to rise to speak on the Law Reform Committee’s report on access to and interaction with All this leads to an increased risk of such people the justice system by people with an intellectual becoming involved with the justice system, and within disability and their families and carers. I certainly the justice system those with an intellectual disability or concur with and endorse the comments made by cognitive impairment find it difficult to function as previous speakers, who are also members of the people without these afflictions would function — for committee, on this important report. It was an example, understanding questions that are posed to exceptional privilege to participate in the inquiry and to them, following courtroom proceedings and even hear directly from families and carers about the getting access to legal advice and representation from experiences they and their children and loved ones had somebody who understands and has the patience and had with the justice system. It certainly demonstrated training to appropriately interact with them. It is that improvements need to be made from the first door relevant to note that intellectual disability afflicts about to the last door of the system for people with 0.8 per cent of the wider population, yet those with an intellectual disabilities and cognitive impairment. intellectual disability comprise 2.5 per cent of the prison population. Meanwhile cognitive impairment Certainly from my time as a practising lawyer working afflicts 2.2 per cent of the population, but those with in a firm that did a considerable amount of personal cognitive impairment make up an enormous 30 to injury work I know about the problems that can arise 40 per cent of the prison population. That really is an for people who have suffered cognitive impairment, extraordinary figure. acquired brain injury and the like in dealing with questioning, evidence giving and testimony in court. The report tabled in Parliament this sitting week These things can be particularly difficult for people includes 47 recommendations, and in my remaining who have these vulnerabilities, and it is important that time I will briefly go through a few examples. These the justice system as a whole and the government include enhancing disability awareness by staff respond to the recommendations made in this report. working in the justice sector. The front-line staff are the first people to have contact with people who are We know there is a significant overrepresentation of entering the justice system, and improving their people with intellectual disability and cognitive education would assist those coming before the sector. impairment in our prison system. This is a disgrace, and Other recommendations were improving guidance it needs to be addressed. Certainly the committee heard material for Victoria Police, improving identification a lot of evidence from lawyers and police regarding the tests that could be used by those front-line people and fact that a lot of these issues could perhaps be avoided specialist units to assist the court and to assist police. with proper diagnosis at the beginning of the justice process. Many people with intellectual disabilities or In relation to disability services and support, advocacy cognitive impairments who present to the justice system and legal services, the government funds 32 disability are not being adequately diagnosed at that point. They services and 40 community legal services, and it is get caught up in the washing machine of the system and important that those resources be used in a way that often end up at the last stop — the prison system. A lot benefits the highest number of people. Specialist more could perhaps be done to ensure that those people services can also be implemented to assist people with a are diverted away from the prison system and the cognitive impairment or an intellectual disability. In justice system and into programs and services that conclusion, this body of work confirms why the could assist them to live full and rich lives. bipartisan committees of Parliament are so important in bringing politicians back to what really matters in this I would note with my colleague the member for place — making constructive contributions to improve Ivanhoe that while we certainly agreed with the vast the lives of all Victorians. majority of the recommendations, we did prepare a minority report on some key issues that we feel are of particular concern and on which the report and the recommendations therein do not in any way, shape or form go far enough.

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The first of these issues is regarding parole and of appropriate services and supports, dealings with accommodation. We feel that the recommendation police and the operations of courts. As I say, whilst that should be very clear that people with an intellectual is quite wide ranging and gives regard to people with an disability or cognitive impairment should not be denied intellectual disability and cognitive impairment and parole for the sole reason that there is not suitable their families and carers, it also gives regard to people accommodation available. That is a significant issue of who do work not only in the justice system and the human rights. We believe it is absolutely inappropriate courts and with the police but also with the advocacy in our society that people are being forced to languish services and legal services that operate right around within the prison system for the sole reason that there Victoria. There is a whole gamut and host of people are not adequate services in the community to provide who have an interest in the subject of the inquiry that for those people. we conducted.

The second issue we had particular concerns about and As I said, the terms of reference were quite broad. I wanted to make very strong recommendations on — really want to just focus on two or three key hence our minority report — is around independent recommendations that I feel are important. third persons, who are critical in assisting people with Recommendation 1 speaks to the theme of collating intellectual disability and cognitive impairment to information and data so that at least we can have an navigate the justice system, particularly in the initial understanding of what the needs are in the future. I questioning or interview phase with police. We heard think in some sense there is no point having ad hoc that while some districts and some police officers were supports and services if we do not know the need. very experienced and very good in dealing with people Recommendation 1 picks up on that point, who might be butting up against the justice system, that recommending the establishment of a centralised was by no means uniform, and the role of independent database with a whole range of agencies and vested third persons was absolutely critical. Hence we have parties and stakeholders who would come together and made strong recommendations regarding funding. have a database that will enable any government of the day to ensure that it is providing adequate supports and Finally, we make strong recommendations in our services where they are required. minority report about the adequacy of funding for Victoria Legal Aid. We know we are seeing daily the That database could provide information such as the crisis that is arising in the justice system. This is number of offences in Victoria that involve people with particularly an issue for vulnerable people with an intellectual disability or cognitive impairment, and intellectual disability and cognitive impairment. We that might be as either victims or offenders — the believe it is very important that those issues are raised committee also had regard to the fact that it is not just and reinforced, and there needs to be funding for those who might be perpetrators but also those who reports and the like. may be victims. The database could also include information on police reports, prosecution rates for such Law Reform Committee: access to and offences and prosecution outcomes. As I said, first and interaction with the justice system by people foremost is the need to have an understanding of where with an intellectual disability and their families the need is and an understanding of the statistics and and carers data that are available. That is a very important point.

Mr NORTHE (Morwell) — I also rise this From a local perspective we have a couple of interested afternoon to speak on the report on access to and parties down in Gippsland: the Gippsland Community interaction with the justice system by people with an Legal Service and Gippsland Disability Advocacy Inc. intellectual disability and their families and carers Yesterday I had some interaction with the Gippsland handed down by the Law Reform Committee. The Community Legal Service to get its feedback on the terms of reference for the inquiry were broad ranging, report and the recommendations that were handed and ultimately and eventually the committee made down. I appreciate its providing that feedback in such a 11 findings and 47 recommendations. The report is a short time frame. I guess a broadbrush of its feedback very extensive document of some 370-odd pages. I was that the recommendations appear to cover a broad must say it was also a very rewarding inquiry to be part range of issues faced by people with mental illness, of. cognitive impairment and intellectual disability and appear to address the particular needs of such The terms of reference for our inquiry into the individuals with sensitivity. It goes on to say that as a interaction with the justice system included legal service it is very passionate about education and is participants’ knowledge of their rights, the availability

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particularly encouraged by the reference to the years. In the last two years of the Labor government community education campaign. almost three times as many jobs were created in total.

One key area that the legal service spoke about as a The Treasurer has boasted that there were 3900 jobs standout point was recommendation 4, which is about created under his government in the last two years, but the establishment of case management services. I guess in the last two years of the Labor government the Gippsland Community Legal Service felt that its 21 600 jobs were created. The average growth rate in clients are on occasions bounced from agency to construction jobs since 2000 has been 7.9 per cent, and agency or department to department, so having a case 3900 jobs amount to a mere 1.6 per cent increase. In the management system that deals with that and ensures last two years of Labor government the rate of that there is appropriate follow-up with its clients is construction jobs growth was 22.8 per cent. We are vitally important to it. The service also spoke about the seeing figures right across the economy demonstrating screening test that is mentioned in the recommendations that jobs are becoming harder to find. The most recent to ensure that that is picked up. That is in ANZ job advertisement research found that the number recommendation 9. It goes on to say that it is of Victorian job advertisements continues to fall. The particularly encouraged by recommendations 14 and 23 research recorded a drop of 9.2 per cent for January, or about the way that workers interact with people. 45.5 per cent for the year to February — the worst in the country. These are shocking figures, and they are I thank everyone who provided submissions to the further evidence that no action or plan is being committee, the chair and the other members of the undertaken by the Baillieu government. The committee who have worked collaboratively on the consequence is that the Victorian economy is hurting, report. I commend the report to the house. as are Victorian families. It seems that the government is far too concerned with dealing with its own internal Public Accounts and Estimates Committee: shenanigans, whether it be the Deputy Premier or the budget estimates 2012–13 (part 1) member for Frankston, rather than working hard for the people of Victoria. Month after month we are seeing Mr PALLAS (Tarneit) — In regard to the the Baillieu government fail to invest in jobs, Treasurer’s portfolio I refer to part 1 of report on the infrastructure, manufacturing and skills — and the 2012–13 budget estimates. On page 127 of the report, Victorian economy continues to go backwards. paragraph 14.6.3 outlines key matters that were raised at the budget estimates hearing, including those If members look at the Treasurer’s promise — his regarding employment. It indicates that discussion of target of creating more than 50 000 jobs — they will jobs growth can be found at pages 15 and 16 of the see it is nothing but a pipedream. The government has hearing transcript and discussion of public sector job made it to 16 000 jobs over that period of time, which is losses can be found on pages 22 to 24 of the hearing a profound failure in terms of its target — it is about transcript. The budget update says that employment 32 per cent of the so-called target. Victoria’s growth in 2011–12 was up 0.8 per cent up from the unemployment rate is now at 6.1 per cent, which is up projected 0.0 per cent. Australian Bureau of Statistics from the figure of 5.6 per cent for the previous month. figures show that growth from June 2011 to June 2012 Of the latest figures released the most distressing shows was 0.3 per cent. that 30 000 Victorian jobs were lost in the last month. That equates to close to 1000 fewer Victorians in work In Public Accounts and Estimates Committee (PAEC) every day in January. Over the same period New South hearings the Treasurer was unable to answer whether Wales saw some 250 jobs created every day. Victoria would reach the projected 0.0 per cent growth. We have heard from the Treasurer, both in PAEC Victoria is coming to a standstill with thousands of hearings and yesterday in this Parliament, the construction jobs lost and thousands more at risk as big government’s consistent mantra that we must live infrastructure projects continue to wind up. They are within our means. But of course governments must do the long tail of capital investment and plans from the much more than that; they must assist struggling previous government, and we see no replacement Victorian families to deal with the challenges of an strategy from this government. The most distressing economy that is underperforming, particularly when it figure is, of course, Victoria’s youth unemployment comes to employment growth, which is in no small part rate, which is now at a staggering 20.9 per cent due to the failures of this government. The government compared to the 17.8 per cent nationwide. It is higher is delusional when it looks at things such as the number than in every other Australian state and territory, except of those holding construction jobs. This number of for Tasmania. Victoria needs a government that gets full-time jobs has fallen by nearly 5000 in the last two people working.

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Outer Suburban/Interface Services and families or parents want to shift in, or when younger Development Committee: livability options in people want to move out of home, they are not able to outer suburban Melbourne afford or perhaps do not need a four-bedroom two-bathroom home. There is an obvious need for a Ms McLEISH (Seymour) — I rise to make a variety of different housing densities. contribution relating to the work of the committee of which I am a member, the Outer Suburban/Interface This concept of mixed density came to the fore. With Services and Development Committee. The report that mixed density we have high, medium and low was tabled at the end of last year on the committee’s densities, but high density does not mean towers. We inquiry into livability options in outer suburban saw massive towers in Toronto, which were absolutely Melbourne provided a comprehensive look at the gobsmacking, and all committee members agreed that notion of livability. This is the second time I have had we would not like to see that happen in our outer the opportunity to speak on this report. A lot of the suburbs. However, there are a lot of great initiatives things the committee uncovered during its inquiry with townhouses, side-by-side dwellings, smaller units highlighted the commonalities among outer suburbs with a larger one spanning the top and varieties of worldwide and not just in Australia and Victoria. A lot buildings three or four storeys high, which can look of the concepts that we looked at in detail were great and connect well to communities without being certainly not rocket science; a lot of them were seen as high-rise sprawl. If they are near parkland, common sense. However, over the years some of that commercial hubs or places like that, they can go really common sense has been missing as suburbs have grown well. and developed. One of the other concepts I want to mention is the One of the shires in my electorate, Mitchell Shire notion of secondary and tertiary suites. It is something Council, has been growing quite a lot lately but not as they are doing in Canada and the United States a lot much as some other areas. The land in Mitchell shire is more than we are doing here. Underneath, beside, predominantly farming and rural land, but the bottom behind or even on top of a garage, there can be a fringe is certainly now within the urban growth secondary suite, which is referred to as a mortgage boundary. There has been an awful lot of development helper. People can lease it to a business, to students or around Wallan and Beveridge. During that period, to people going out on their own for the first time. It while the area has grown like Topsy, there has been a can be one or two bedrooms. A mortgage helper would lack of infrastructure planning. A couple of weeks ago I alleviate some of the stress that people experience in was pleased to make an announcement providing a owning their own homes in the outer suburbs. grant of $50 000, which will go to a $75 000 project to allow the Mitchell Shire Council to undertake a ASSISTED REPRODUCTIVE TREATMENT comprehensive needs analysis of the infrastructure in AMENDMENT BILL 2012 that area. I look forward to that coming to fruition because it is something which has been lacking and Second reading which is very much needed. Debate resumed from 12 December 2012; motion of One of the concepts I want to talk about in more detail Dr NAPTHINE (Minister for Ports). is that of density. We are all acutely aware that there Ms ALLAN (Bendigo East) — I move: has been a lot of outer suburban low-density development which has led to a huge urban sprawl. We That debate be now adjourned. have heard the term ‘McMansions’ bandied around a lot with reference to quarter-acre blocks. People have House divided on motion: moved to outer suburban areas where they have Ayes, 42 purchased large houses with sizeable backyards. As I have mentioned, there has been an obvious lack of Allan, Ms Howard, Mr Andrews, Mr Hutchins, Ms infrastructure in those areas. Barker, Ms Kairouz, Ms Beattie, Ms Kanis, Ms What has also happened in a lot of instances, but it is Brooks, Mr Knight, Ms beginning to change, is the idea that one size fits all — Campbell, Ms Languiller, Mr every house had four bedrooms and two bathrooms — Carbines, Mr Lim, Mr but that does not provide a lot of flexibility for Carroll, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr community living. In community living, not everyone Donnellan, Mr Merlino, Mr has the same needs. We often find that when people’s Duncan, Ms Nardella, Mr

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Edwards, Ms Neville, Ms they can make a choice to have children in later life, Eren, Mr Noonan, Mr provided they survive the illness for which they are Foley, Mr Pallas, Mr Garrett, Ms Pandazopoulos, Mr being treated. Graley, Ms Perera, Mr Green, Ms Richardson, Ms The background to the amendments contained in the Halfpenny, Ms Scott, Mr bill before the house was a statement from the Minister Helper, Mr Thomson, Ms for Health on 21 June 2011 which indicated that there Hennessy, Ms Trezise, Mr were problems associated with the long-term storage of Herbert, Mr Wynne, Mr sperm in particular and that the Royal Women’s Noes, 43 Hospital and other health services faced a series of Angus, Mr Mulder, Mr concerns over the long-term storage of that material. Asher, Ms Napthine, Dr The current act provides that, legally, storage beyond Baillieu, Mr Newton-Brown, Mr 10 years should only occur when permitted by the Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr Patient Review Panel. At the time the minister indicated Blackwood, Mr Powell, Mrs that harsh and unreasonable outcomes appear to have Bull, Mr Ryall, Ms occurred in some cases where it was impossible in a Burgess, Mr Ryan, Mr practical sense to advise patients who had stored sperm Clark, Mr Smith, Mr R. of the approaching 10-year deadline. It would seem Crisp, Mr Southwick, Mr Delahunty, Mr Sykes, Dr certain that a young person, who may barely be a Dixon, Mr Thompson, Mr teenager, would want the option of being able to Fyffe, Mrs Tilley, Mr exercise their fertility beyond their early 20s. Gidley, Mr Victoria, Mrs Hodgett, Mr Wakeling, Mr The government responded by commissioning an Katos, Mr Walsh, Mr Kotsiras, Mr Watt, Mr independent review to focus on the management of McCurdy, Mr Weller, Mr practical issues associated with long-term sperm McIntosh, Mr Wells, Mr storage and to advise on a practical solution or McLeish, Ms Wooldridge, Ms solutions, taking into account relevant clinical issues. Miller, Ms Wreford, Ms The government appointed the experienced Morris, Mr administrator and now general practitioner Dr Andrew Motion defeated. Perrignon, and I commend the government for its choice. I know Andrew Perrignon very well from his Ms GREEN (Yan Yean) — I thought I would have time as the chief executive officer of Northern Health. a full house for my contribution on the Assisted He is an experienced practitioner and administrator who Reproductive Treatment Amendment Bill 2012, but I has been very diligent and is well recognised for the am sorely mistaken. I am pleased to join the debate on work he did in his role as CEO of Northern Health. I the Assisted Reproductive Treatment Amendment Bill and many other northern suburbs colleagues highly 2012, as I was when we debated this matter during the respect Andrew’s work and the time he took to meet last Parliament. When people my age or even a little with us as stakeholders and leaders in the community. younger were children, we would not have thought He would regularly update us on the issues facing about this type of legislation or that these types of Northern Health and the successes it was having but choices would be available to people with infertility also on what its needs were in terms of future budget issues. I refer particularly to young people who are cycles and things like that. treated for diseases such as cancer, where the treatment can have an impact on their fertility. Radiation The government made a very good choice in appointing treatment and chemotherapy can have longstanding or Dr Perrignon to undertake this review, but we have to permanent impacts on future fertility, and it would be a take it on trust from the Minister for Ports, who gave poor legislature that did not have a response to support the second-reading speech on behalf of the government young people in that situation. When I was a child, the and the Minister for Health, as to the recommendations rate of survival, particularly after childhood cancers and of the Perrignon review. We cannot be certain of the breast cancers, was negligible. recommendations, as the government has withheld release of that review. If the government has taken a It is important that legislation in the area of assisted good decision to investigate these sort of things and reproduction move forward with this fantastic outcome come up with and introduce legislation, it does not so that many more people of all ages, but especially make any sense for it to be secretive about this review those of reproductive age and younger, are able to store and not release it. The opposition has to take the reproductive material — gametes and embryos — so government on trust in this matter, as does the rest of

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the community. That is disappointing. However, we The SPEAKER — Order! If the Leader of the understand that there will be new guidelines created to Opposition wants to continue in that vein, he will not increase compliance with the intention of the act. continue at all.

I should have said earlier, and I apologise for not stating Mr ANDREWS — Have I got the call, Speaker? this at the outset, that Labor does not oppose this bill. As I said, we have reservations about being expected to The SPEAKER — Order! The Leader of the take the legislation on trust, given that we have not seen Opposition has the call. the recommendations of the Perrignon review. The government has indicated through its public statements Mr ANDREWS — My question is to the and its second-reading speech that issues have been Premier — — identified regarding the administrative and approval Honourable members interjecting. processes apparently adopted by assisted reproductive technology clinics. As the situation stands, the The SPEAKER — Order! The house will come to processes have not adequately acquitted the expected order and stay in order. Remarks that invite standard of compliance or allowed for the changing interjections are not appreciated. If the Leader of the circumstances of clients. Opposition has a question to ask, he should ask it.

It seems the guidelines from the government will have Mr ANDREWS — My question is to the Premier. I regard to contemporary issues confronting clinics and refer the Premier to the fact that for months he has their clients, and overall the opposition feels that an refused to sack the member for Frankston, putting his increase in the period of storage is a compassionate majority ahead of his integrity, and I ask: is it not a fact response that allows for greater opportunities for family that the member for Frankston has today sacked the planning, particularly where children and young adults Premier, leaving the Premier without any integrity or a are involved. The extension of the storage period is a majority on the floor of this Parliament? real improvement. The bill allows for gametes and embryos to be lawfully stored despite the expiry of the The SPEAKER — Order! I do not believe that existing statutory storage period. It permits the Patient question was one of government administration. Review Panel to extend storage periods for gametes and embryos in exceptional circumstances, when the person Honourable members interjecting. who produced the gametes is unable to provide consent The SPEAKER — Order! Does the member for or if the storage period has expired. It also increases the Albert Park want to be out for question time? If he statutory storage period for gametes from 10 years to keeps on that way, he will be out. 20 years when the gametes have been obtained from a child or a person who has been certified as having a Mr Andrews — On a point of order, Speaker, I put reasonable risk of premature infertility because of a it to you that the integrity of the Premier and his medical condition or procedure. The bill also permits majority or lack thereof are matters of government the removal of gametes and embryos from storage administration and to rule otherwise is not in the spirit within three months after expiry of the storage period. It of the standing orders or the conventions of this house. alters the constitution of the Patient Review Panel and The Premier ought be given an opportunity to answer makes other amendments to improve its operation. this question; it is a very important one. Does he have a majority, and does he have any integrity? Sitting suspended 1.00 p.m. until 2.02 p.m. The SPEAKER — Order! I have ruled that I do not Business interrupted pursuant to standing orders. believe the question is one on government administration. QUESTIONS WITHOUT NOTICE Employment: government initiatives Member for Frankston: party resignation Mr GIDLEY (Mount Waverley) — My question is Mr ANDREWS (Leader of the Opposition) — My to the Premier. Can the Premier — — question is to the current Premier, and I refer the Premier — — Ms Allan — On a point of order, Speaker, it is probably fairly clear that this is an issue that is Honourable members interjecting. capturing a lot of attention today, because it involves Mr ANDREWS — How’s Mr Guy going? serious matters that go to the heart of government

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administration. It would assist us on this side of the The SPEAKER — Order! I ask the member to take house if you could provide a clarification of your her seat. I call the member for Mount Waverley. ruling — on what basis you ruled the question out of order — and, as Speaker’s rulings allow, provide the Mr GIDLEY — My question is to the Premier. Can Leader of the Opposition with an opportunity to reword the Premier advise the house of recent examples — — his question. That would assist, I believe, enormously with the operation of question time for the rest of today. Mr Merlino — On a further point of order, Speaker, I ask that you ask the Leader of the Opposition to The SPEAKER — Order! I do not believe it is a reword his question. A member of the government has question on government administration. resigned. The question is related to whether the Premier has a majority in this chamber. That is entirely in order Mr GIDLEY — My question is to the Premier. Can and goes to the central point of government the Premier advise the house of recent examples — — administration: does the Premier have a majority or not? The Leader of the Opposition should have the The SPEAKER — Order! The member for opportunity to reword his question. Bendigo East on a point of order. I have already ruled on her previous point of order. The SPEAKER — Order! I am moving on. The member for Mount Waverley, to ask his question. Ms Allan — On a point of order, Speaker, standing order 53 says under ‘Questions to ministers or other Honourable members interjecting. members’ — in this case the Premier — that questions may be asked ‘on matters relating to public affairs’. Mr GIDLEY — My question is to the Premier. Can This is very clearly a matter of public affairs. It is very the Premier advise the house of recent examples of clearly a matter of government administration because initiatives which will lead to more local jobs? it goes to the capacity of the government to administer its functions on behalf of the people of Victoria. Your Mr BAILLIEU (Premier) — I thank the member for Mount Waverley for his question and his interest in commentary, Speaker, that it is not covered by government administration frankly does not assist us on these significant issues. this side of the chamber to be any clearer on the basis Honourable members interjecting. on which you have made your ruling. Questions interrupted. The SPEAKER — Order! My belief is that it is not government administration; it is party administration. SUSPENSION OF MEMBER Honourable members interjecting. Member for Albert Park The SPEAKER — Order! I have ruled on the point The SPEAKER — Order! The member for Albert of order and I have given an explanation. It is not Park can leave the chamber for an hour and a half. I government administration. warned him before. Ms Allan — On a further point of order, Speaker, I Mr Foley interjected. would like you to elaborate on your — — The SPEAKER — Order! I warned him before. I The SPEAKER — Order! I am not here to ask him to leave the chamber for an hour and a half. elaborate. I have given an explanation. Mr Foley — Under what standing order? Ms Allan — On a further point of order, Speaker, your belief that this is a matter of party administration I The SPEAKER — If the member continues in that believe does not comply with the standing or sessional way, I will name him. He can leave the chamber for an orders, because quite clearly the member for Frankston hour and a half under standing order 124. has walked away from the Liberal Party. It is not a matter for the Liberal Party any further, but it is deeply Honourable member for Albert Park withdrew a matter of government administration because it goes from chamber. to the issue of whether the Premier has the confidence of this Parliament. It goes to the issue of whether — —

Honourable members interjecting.

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QUESTIONS WITHOUT NOTICE The confectionery centre of excellence will position Victoria as a leading food manufacturing centre in the Employment: government initiatives Asia-Pacific region, with the capacity and capability to share those resources with others. That is the important Questions resumed. thing: it will attract, develop and retain talent in food innovation and manufacture. It is exactly what this state Mr BAILLIEU (Premier) — I repeat that I thank is looking for, it is exactly what we are doing and it is the member for Mount Waverley for his question and what we will continue to do — to seek to grow the for his interest in the issues of jobs, job-generating economy in Victoria, to grow our markets with trade announcements and recent initiatives — and there have missions and do whatever we can to generate jobs. been many of them. I was delighted to join the manufacturing minister, the Honourable Richard Member for Frankston: party resignation Dalla-Riva, to visit the Ballarat plant of Mars just last week. Many members will know the Mars plant in Mr ANDREWS (Leader of the Opposition) — My Ballarat. They may not know that the Mars plant was question is to the Premier, and I ask very simply: has opened in, I think, 1979 by the then Liberal Premier, the Premier received an assurance from the member for Dick Hamer. The Mars Corporation has been a great Frankston that the member for Frankston will support success in Ballarat. We were pleased to confirm the the Premier’s government in terms of confidence and government’s commitment to support Mars in supply? expanding and growing local job opportunities. This investment will ensure that Mars will continue to Mr BAILLIEU (Premier) — The house will be manufacture a range of popular confectionery, much of aware that the member for Frankston has resigned from which I am sure is familiar to members of the house. the parliamentary Liberal Party, and he intends to sit on the crossbenches. The government has already been What the government is doing is investing in tested on the floor of the house since that infrastructure and generating jobs, just as we said we announcement, and the government secured a majority would. Mars is delighted because that announcement on the floor. saw that more than 100 new jobs will be generated in construction there for the fit-out of new works at Mars Mr Andrews — On a point of order, Speaker, the and more than 400 jobs in Ballarat will be secured as a Premier has made the assertion throughout the last consequence of that investment. Importantly the couple of hours that he has the confidence of the expansion will secure those jobs, but we will also member for Frankston. We are asking that very simple provide $1.5 million for energy and water upgrades question: has he secured an assurance? Has he sought through the $1 billion Regional Growth Fund — which an assurance and received it? I know the opposition so readily appreciates! We will also provide a further $500 000 through the Industries The SPEAKER — Order! The Premier has for Today and Tomorrow program for production line concluded his answer upgrades. Those upgrades include pipe and plant Honourable members interjecting. insulation and stormwater capture and storage.

Also in the important confectionery industry, I was Metropolitan Fire and Emergency Services delighted only a few days earlier to open the new Board: management of unplanned leave Asia-Pacific Confectionery Centre of Excellence at Dr SYKES (Benalla) — My question is to the Ringwood. This will be a world-class globally Deputy Premier and Minister for Police and Emergency competitive research facility located at Kraft’s Services. Can the Deputy Premier outline to the house manufacturing facility in Ringwood. The new centre is the concerns raised by the Acting Auditor-General in a great boost for Victorian food manufacturing the report tabled today on the management of innovation and will be staffed by the largest food unplanned leave? research and development team in Australia. That announcement will generate more than 100 new jobs Mr RYAN (Minister for Police and Emergency and also secure more than 1000 jobs at Kraft’s Services) — I thank the member for Benalla for his Ringwood manufacturing operation. very pertinent question. I thank the Acting Auditor-General for completing this important report I would have thought that those on the other side of the into the management of unplanned leave at three of house would be absolutely delighted with those Victoria’s emergency services: Victoria Police, announcements. We have not heard a word from them. Ambulance Victoria and the Metropolitan Fire Brigade

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(MFB). I might say that while the findings on the whole leave, effectively preventing the MFB from managing are positive in terms of Victoria Police and Ambulance this longstanding issue. The report goes back to the year Victoria in the management of unplanned leave, the 2000 in its consideration of these issues, and it indicates comments with regard to the Metropolitan Fire Brigade clearly that the organisation has struggled to come to are very concerning. grips with the problems around this very important issue. Members of the coalition government understand and appreciate the contribution made by our firefighting In figure 3C on page 24 of the report the Acting services in the state of Victoria, and indeed we have Auditor-General noted that the rate of unplanned leave seen that highlighted over the course of this summer for Metropolitan Fire and Emergency Services Board season. That very inclusively extends to career firefighters is at 18.4 days per year — substantially firefighters, those who are part and parcel of the higher than that of Tasmania at 6.8 days, Queensland at Metropolitan Fire Brigade. 9.5 days and South Australia at 14.1 days. The report states that of the instances of leave taken as single The Acting Auditor-General has found that the MFB is shifts, 80 per cent were not supported with medical not able to effectively manage unplanned leave evidence. It says further that management decisions amongst its staff. I might say that this is not entirely the affecting employees can only be implemented with the responsibility of the MFB management, but rather, as agreement of the UFU, and that of course is a result of the Acting Auditor-General has highlighted, there are the enterprise bargaining agreement as it stands. This is severe and unacceptable constraints on management’s clearly an unsustainable state for Victoria, and capacity to deal with this important issue. Those negotiations between the department and the authority constraints are outlined in various sections of the report. will continue to bring this unsustainable position into For example, in the course of the audit summary, at line. page 9, under the heading ‘Industrial constraints on decision making’, the Acting Auditor-General said: Government: performance

MFESB — Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier. I refer the Premier to Metropolitan Fire and Emergency Services Board — the fact that this week his government has been rocked and the United Firefighters Union (UFU) entered into an by the secret tapes scandal, that he himself has referred enterprise agreement for firefighters in 2010. his own chief of staff and the director of his own political party to the anticorruption commission, that a Let the record show that this enterprise agreement was cloud hangs over the future of his Deputy Premier and negotiated under the administration of the former that today the member for Frankston has resigned from government. The document goes on to say: the parliamentary Liberal Party, and I ask: is it not a The agreement is legally binding on MFESB and UFU. It fact that this government barely exists and to the extent contains provisions that constrain MFESB’s ability to that it does, it is paralysed by crisis? effectively and efficiently implement initiatives to manage unplanned leave. Mr BAILLIEU (Premier) — I thank the Leader of the Opposition for his question. I say again to this It further goes on to say: house that we set out a very clear agenda coming into The provisions in the enterprise agreement effectively the election, and we are delivering on that agenda. require — Honourable members interjecting. I emphasise the word ‘require’ — The SPEAKER — Order! I would like the house to that any change affecting MFESB’s relationship with its staff remain the way it is now — quiet — so that other be agreed — members of Parliament and I can hear the answer. I emphasise the word ‘agreed’ — Mr BAILLIEU — As I said, we set out a very clear upon with UFU. This has the potential to contribute to agenda, and we have been doing exactly what we difficulty and delay in introducing reasonable mechanisms to committed to do, including reducing stamp duty for hold firefighters, and their managers, accountable for personal first home buyers and expanding energy concessions to unplanned leave that is not justified by illness or injury. 12 months of the year — something the previous The United Firefighters Union has consistently delayed government never did. We have reduced ambulance and stymied attempts to resolve the issue of unplanned subscription fees, as we said we would, and we have

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been getting on with essential reforms — significant, Bayswater has a very strong interest in the arts; she has leading reforms — including the change to a been a great advocate for the arts. She has been a property-based fire services levy and the introduction of first-class advocate for the White Night Melbourne all the 2009 Victorian Bushfires Royal Commission festival, unlike some who do not value major events in recommendations, which were opposed by the this state and do not value our festival calendar. That opposition. calendar contributes to the reputation of Victoria’s and Melbourne’s livability. It has had very strong support, We have introduced significant legislation around and we have sought to add to that calendar of festivals. planning reform to drive this state, and in addition to We already have significant festivals and significant that we have been leading the way on important issues major events in this state; it is a part of what makes like the national disability insurance scheme and Victoria the great state. education reform. I know the opposition is silent on these issues, as it is on occupational health and safety, On Saturday, 23 February, our city was transformed by on construction costs — — Melbourne’s first White Night festival, an all-night festival of arts and culture. The event was an Mr Merlino — On a point of order, Speaker, the outstanding success in many respects. This was the first Premier is not being relevant to the question. He should time an all-night cultural event of this scale has been answer the question of why the member for Frankston held in Australia. Other great cultural arts cities in the left if it is all — — world undertake White Night festivals. We made that commitment, we have honoured that commitment, and The SPEAKER — Order! When I get to my feet, it was the first time so many of our cultural institutions the member will sit down or he will be out. had been open simultaneously through the night. It was Mr BAILLIEU — As I have had cause to say to the the first time the Flinders Street station steps had been house before, we inherited from the previous turned into a live music stage. government an unsustainable budget position — — I know many members of the house were there that Ms Allan — On a point of order, Speaker, the night. It was truly a night like no other in Melbourne. question from the Leader of the Opposition was clearly More than 300 000 Melburnians and visitors attended. about the crisis that has paralysed the Premier’s There was a great atmosphere, and it was a great government. It was not about the actions of the celebration undertaken safely, with a broad previous government or indeed the opinions of the demographic of young people, families, older people opposition. Under standing order 58, the Premier is and visitors from interstate and overseas. Like many clearly debating the question, and I ask you to bring members of this house, I appreciated how many him back to answering the question. Victorians embraced this new initiative which the government brought to Melbourne, echoing the famous The SPEAKER — Order! I do believe the Premier Nuit Blanche festivals held around the rest of the world. is starting to debate the question. I ask him to return to This was a festival for all Victorians, and indeed it has answering the question. already received rave reviews from all the arts institutions and the arts and culture sector. Those who Mr BAILLIEU — The Victorian government is the saw the bands on the steps of Flinders Street station only government in Australia that has retained a were overwhelmed with delight, and we had so many AAA rating with a stable outlook. We have done that people coming up to us and saying to us, ‘Thank you’. because we have been taking the tough decisions and we have been taking the necessary decisions, I want to acknowledge the City of Melbourne, Yarra unsupported by the opposition. We will continue to Trams, Victoria Police, the Environment Protection govern and govern decisively. Authority, our many cultural institutions, Tourism Victoria, Arts Victoria, our media partners and all the White Night Melbourne participating artists. I particularly want to thank the Victorian Major Events Company for its leadership on Mrs VICTORIA (Bayswater) — My question is to this latest addition to Victoria’s great events calendar. the Premier as Minister for the Arts. Can the Premier advise the house on the response of Victorians to the This was an outstanding success. Some prayed that this recent White Night Melbourne major event? would not work. Some predicted — —

Mr BAILLIEU (Minister for the Arts) — I think Honourable members interjecting. the member for her question. The member for

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The SPEAKER — Order! The member for Mr BAILLIEU — The state final demand figures Bendigo East! exclude international net exports, they exclude interstate exports of goods and services, and economists Mr BAILLIEU — And where are they? Where are do not measure recession by state final demand. I could those who predicted this event would not attract remind the house of many occasions on which state Melburnians and Victorians? They are on the other side final demand was a negative under the previous of the chamber. What I say to those who are government. critical — — Mr Andrews interjected. Mr Merlino — On a point of order, Speaker, question time is not an opportunity for the Premier to The SPEAKER — Order! The Leader of the attack the opposition. We are in recession. The question Opposition will not be warned again. is: where is the white knight for the Liberal Party? Mr BAILLIEU — There were many occasions on The SPEAKER — Order! I do not uphold the point which it was a negative. Interstate export is a key of order. component of the Victorian economy, especially during recent years. The Leader of the Opposition has simply Mr BAILLIEU — I say to those who did not attend got it wrong. There are encouraging figures in today’s or who missed out that there will be another White data, including growth of 4.6 per cent in dwelling Night next year. It is a great festival, a new event for investment in the quarter. Consumption spending was Victoria, and I look forward to the festival continuing stable at 1.8 per cent higher over the year, with rises in into the future. vehicle purchases, clothing and footwear. The December quarter figures for Victoria appear to be Employment: government performance distorted by a large, one-off transaction, most likely the commissioning of the desalination plant. Mr ANDREWS (Leader of the Opposition) — My question is to the Premier. I refer the Premier to the fact We have set forth a clear agenda, including the that in January this year Victoria lost 30 000 jobs, more document entitled Securing Victoria’s Economy, which than 21 000 of those being full-time jobs, with the we released in December and which has more than unemployment rate now sitting at some 6.1 per cent. I 70 action plans. I invite the Leader of the Opposition to further refer the Premier to the fact that today Victoria read it and get on board. has slid into recession, and I ask: when will the Premier start working hard to save Victorian jobs instead of Criminal bikie gangs: government action simply focusing on saving his own? Mr MORRIS (Mornington) — My question is to Mr BAILLIEU (Premier) — I thank the Leader of the Attorney-General. Can the Attorney-General update the Opposition for his question, because it demonstrates the house on work the coalition government is doing to that he does not understand the fundamentals of the tackle organised crime in the state, and is the economy. government aware of any alternative policies?

Mr Andrews interjected. Mr CLARK (Attorney-General) — As many honourable members will be aware, yesterday Victoria The SPEAKER — Order! The Leader of the Police repeated and added to previous warnings about Opposition has asked his question. organised crime gang activity in Victoria. This has of Mr BAILLIEU — The fact is that on the latest course been a problem that has been growing for many figures Victoria’s GSP — gross state product — which years. The previous government failed to act on it. We is the measure of the economy’s growth, grew by as a coalition committed to act, and we have. Under the 2.3 per cent in 2011–12. legislation that was passed last year, Victorian law enforcement agencies have stronger powers to take Honourable members interjecting. action against criminal bikie and other gangs.

Mr BAILLIEU — It grew, Speaker! It grew by Victoria Police can apply to the Supreme Court for an 2.3 per cent. State final demand is a different measure. order that a criminal bikie or other gang be made a It takes account of items which the — — declared organisation. The Supreme Court can make such a declaration where it is satisfied that the Honourable members interjecting. organisation is engaged in serious criminal activity or that gang members are using the organisation for

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serious criminal activity and that the activities of the However, the problem is not just that the organisation pose a serious threat to public order and commonwealth government is going off half-baked in safety. Once such a declaration has been made, the this regard. The problem is that what it is doing is court has a power to impose a range of further orders actually threatening to be counterproductive in the restricting the activities of the gang and its members. efforts being made by state and territory governments to tackle organised crime. State and territory Unlike the previous government, the coalition governments and attorneys-general have agreed with government has been prepared to act on outlaw Victoria in opposing the commonwealth’s proposal criminal bikie gangs and cannot allow Victoria to previously that it should be given power over become a haven for those gangs. We all remember unexplained wealth laws, because such a referral of what the previous Attorney-General had to say inside powers to the commonwealth would open the way to this house and outside of it, when he said that such challenges to the constitutional validity of state-based legislation was not needed. That is the context in which asset confiscation and unexplained wealth laws, and this government had to act. thus risk disrupting the state’s work in tackling drug trafficking and other serious crime. Ms Allan — On a point of order, Speaker, the Attorney-General is clearly offending against standing For the same reason, we have called, with other states order 58 by debating the matter. You should call him to and territories, on the commonwealth to seek agreement cease debating the matter and answer the question as before any proposal to extend commonwealth criminal was asked. laws that could put the validity of state and territory criminal laws at risk. What the commonwealth fails to The SPEAKER — Order! I do not believe the realise is that every time it legislates in this area it Attorney-General was debating the answer. threatens the work of Victoria Police and the work of Ms Allan — On a further point of order, Speaker, other state police forces under state laws. We have there is a ruling from the chair that in answering already seen the High Court challenge in relation to a questions ministers can make passing reference to the drug case of Momcilovic, a case where that issue was previous government’s administration; however, it seriously put at threat. While in that case the High should not form the substance of the answer to their Court’s decision upheld the validity of the laws, it question. It is clearly the substance of the answer of the exposed the risk that the commonwealth is exposing Attorney-General. He is debating the issue, and I ask effective action against organised criminal gangs to by you to draw him back to answering the question. going off without having done its homework, without having worked with state and territory governments. The SPEAKER — Order! I do not uphold the point This government is working to take action to tackle of order. organised criminal bikie gangs. Let us hope the commonwealth government will work productively Mr CLARK — Not only has the coalition with us on that endeavour. government led the way in legislating, it has also led the way in securing agreement amongst states and Premier: performance territories for mutual recognition of bikie gang laws. That was an arrangement that was secured and Mr ANDREWS (Leader of the Opposition) — My announced at the state and territory Attorneys-General question is again to the Premier. I refer the Premier to meeting in August last year, and the legislation that this the fact that under his leadership the crime rate is up, Parliament has passed allows for interstate orders to be the unemployment rate is up and hospital waiting lists registered and enforced in Victoria. are up, among many others, and I ask: is it any wonder that so many of the Premier’s colleagues think his time The next steps on our agenda include filling other gaps is up? left by the previous government, such as anti-fortification laws and upgrading asset confiscation Mr BAILLIEU (Premier) — Can I make the point and unexplained wealth laws. In this context we have that the level of spending in hospitals is up, the level of had the commonwealth government today, coming late spending in schools is up, the level of spending on on the scene, trying to step in and raise its profile in an infrastructure is up and we are pursuing a consistent area where state and territory governments have been and strong agenda to secure Victoria’s economy. I acting for some time. It has all the hallmarks of a invite the Leader of the Opposition to get on board and commonwealth government clutching at straws, address the challenges that were left behind by his desperately trying to create an appearance of action in government and indeed which this state and this an election year. country face.

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Road safety: mobile phone texting they are answering text messages while they are driving; 60 per cent of middle-aged drivers using Mr CRISP (Mildura) — My question is to the mobile phones report reading text messages, and 51 per Minister for Roads. Can the minister advise the house cent report sending a text message while driving — of action the coalition government is taking to make driving blind along the road with other motorists roads safer in Victoria and other measures to improve coming in the opposite direction. In the survey of road safety? 17 000 Victorians, 89 per cent said to us that they wanted us as a government to do something about Mr MULDER (Minister for Roads) — Last week this — and, Speaker, we are doing something about it. the Premier and I launched a significant campaign with the Transport Accident Commission (TAC) and the The Deputy Premier has often spoken about the issue of minister responsible for the TAC. We were also joined choices. The choice made by younger people in on that particular day by Vicki Richardson and Andrew particular to pick up a mobile phone while they are McDougall and their two daughters. Vicki Richardson driving — that sense of urgency they feel to pick up said: and respond at that point in time — is a dangerous one indeed. You have only to listen to the impact that On 4 December last year my life changed forever. choice has had on Vicki and her family to understand It was a normal day like any other day. Our family got up, we what they are going through and what they will carry had breakfast together and I made everyone their lunch for the with them for the rest of their lives. day. We have come down hard on this situation. All P-plate At the end of the day we would all return home and sit down together to enjoy a meal where we would share our highs and drivers, P1 and P2, will be banned from using any sort lows of our day. of phone in their cars. They will lose 4 demerit points going forward. Older drivers who have gone off their That day Brooke made a decision that would be the last P-plates will lose 4 points as well, which is a third of decision of her life. the 12 points allocated to them — and we are ramping Brooke was a busy and successful hairdresser. As she was up the fines. At the same time, through VicRoads, we heading to work on the 4th she was already organising her are providing a free app that people can download onto day in her mind, as we all do in this busy modern lifestyle we their mobile phone that puts their mobile phone on live in. silent while they are driving and sends a message to Brooke’s downfall on that day was deciding to text and drive. anyone who is trying to contact them that says, ‘Don’t Mobile phones create such a distraction while driving. It has call me now. I can’t speak to you now. That would be a been described that texting and driving is similar to driving blind. distraction while I’m driving’.

At 8.27 Brooke sent a text while driving. At 8.31, 000 This is an important issue, and members on both sides received a phone call from a young man reporting a of the house need to understand the challenges we face single-vehicle accident. The driver hit a large tree head on, on going forward. Young people feel they have to keep in the opposite side of the road. We are grateful no-one — contact. The message to parents is: tell them to turn the else was coming in the opposite direction. Vicki said: phones off. The next text sent to Brooke’s phone was from me. I was in ASSISTED REPRODUCTIVE TREATMENT distress and I was asking her to contact me. The text after that was also mine — telling her I loved her. She didn’t answer AMENDMENT BILL 2012 me. Second reading Vicki and Andrew had three daughters, one a hairdresser. I have three daughters, one a hairdresser. I Debate resumed. could not possibly imagine what they were going Ms GREEN (Yan Yean) — I do not seem to have through on that particular day. The simple fact is that as big crowd as I did before lunch, but I will continue this issue of distraction is the greatest challenge we face my contribution to debate on the Assisted Reproductive as a community and the greatest threat that we have to Treatment Amendment Bill 2012. As I was saying our road toll going forward. before the lunch break, the purposes of this bill are: to Seventy per cent of 18 to 54-year-old drivers report provide that gametes and embryos are lawfully stored, using a mobile phone some of the time while they are despite the expiry of the statutory storage period; to driving; 88 per cent of young drivers using mobiles permit the Patient Review Panel to extend storage report reading text messages and 77 per cent report that periods for gametes and embryos in exceptional

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circumstances where the person who produced the It is also unclear why the government thought it gametes is unable to provide consent or the storage necessary to change a panel with a sensible limit of five period has expired; to increase the statutory period for members to a panel with as many members as the storage of gametes from 10 to 20 years where the Governor in Council wants to appoint, so long as it gametes have been obtained from a child or from a enables proper functioning. This seems quite curious. person who has been certified as being at reasonable One wonders about the purpose of all these additional risk of premature infertility because of a medical panel members if the government is giving significant condition or procedure; to permit removal of gametes power to the chairperson. That is certainly something and embryos from storage within three months of the that the opposition will be pursuing in the committee expiry of the storage period; and to alter the constitution stage of the bill in the other place, should the bill pass of the Patient Review Panel and make other this house. amendments to improve the operation of the act. The opposition also has concerns regarding I referred earlier to the minister’s announcement in June ‘exceptional circumstances’, because the bill does not 2011 that the government had become aware that provide further guidance as to what these exceptional gametes were being stored for longer than Victoria’s circumstances are. We hope the minister will take the permitted statutory period. This arose out of the Patient opportunity to expand on the type of circumstances Review Panel’s handling of applications for extension envisaged by this phrase and whether Dr Perrignon of gamete storage that had been received following the made recommendations along these lines. expiry of the storage period. The opposition is given to understand from the second-reading speech that Victoria has been a proud world leader in the area of Dr Andrew Perrignon completed his review — the reproductive technology. However, it is always review that had been initiated by the Minister for important for the legislature to take into consideration Health — in December 2011. It is over a year since that changes in the range of treatments and technology that review was completed. are available as well as modernisation in line with changing community standards. Previously in this Our understanding is that Dr Perrignon made a number house — I believe it was in April 2010 — I was pleased of recommendations on amendments to the act to to support the changes that Labor in government made ensure a fair and patient-centred approach to the long to the Assisted Reproductive Treatment Act 2008, term storage of gametes and that patients whose gamete which came about through a very open process. The storage times have expired are not disadvantaged. The then government referred a number of matters to the bill adopts these recommendations and extends them to Victorian Law Reform Commission and had an deal with embryos where appropriate. As I said in my extensive consultation period over five years. Members contribution to the debate before lunch, the opposition who were not in the Parliament at that time would do is concerned that the government has chosen not to well to avail themselves of that report. It was tabled in make public the results of the Perrignon review. I do this place in June 2007. not think that is in the best interests of transparency. Having read that report I changed my views on the The other concerns the opposition has are regarding the accessing of reproductive technology. As an avowed composition of the Patient Review Panel. The bill gives feminist I have long supported the public funding of significant power to the chairperson to single-handedly public health campaigns that focus on awareness of the determine applications for extended storage without causes of infertility and the need for less invasive reference to the broader panel. My colleague Gavin procedures to address women’s infertility and make Jennings, the opposition spokesperson for health and a sure women are fully informed about what had been the member for South Eastern Metropolitan Region in the relatively low success rate of reproductive technology Council, will seek more information if this bill passes in the 1980s and 1990s. I think I have talked about this house and moves to the other place. It is a shame those concerns previously in this place, but with the that the government is yet to accede to any requests changes and improvements in reproductive technology from the opposition to go into consideration in detail on there have been much higher success rates and the the bill in this house. If that were the case — and I can community needs to be mindful that it is those who are flag that Gavin Jennings will certainly be pursuing the undergoing medical treatment for such serious minister in the other place — the opposition would be conditions as cancer who may need to harvest and have asking the government to clarify the reasoning for its stored reproductive material while they are being decision to give such significant powers to the treated so that they can make family planning choices chairperson. later.

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It is concerning that we are debating this bill this week, when the previous amendments were before this house. during a time when this government seems to be in I concluded that she is a well-adjusted young woman absolute turmoil. As I said earlier, Labor will not be who is very up-front and able to talk about her origins. I opposing this bill, but I know that when amendments to have said in the past that for me as a legislator it the legislation have been debated in the Parliament underscores why we need to support families in the previously they have not been given unanimous situations in which they may find themselves regarding support. What might happen in the other place is of difficulties in having children. concern, given the turmoil in which the government finds itself. When we were in government and made I would hate to see at any point Victoria going changes to this legislation, the current Minister for backwards in its world leadership in the area of Health, Mr Davis, voted against those changes. I reproductive technology. I urge the member for actually have a list of the voting record on the Ferntree Gully, the Parliamentary Secretary for Health, amendment at that time from 12 May 2010. It lists the who has not been in this chamber as long as some, to members of the current government who voted against deeply question the members of his government who those amendments at the time as being Mrs Coote, have exercised a conscience vote and voted against Mr Dalla-Riva, Mr David Davis, Mr Philip Davis, amendments to the assisted reproductive treatment Mr Drum, Mr Finn, Mr Hall, Mr Koch, Mrs Kronberg, legislation, including Matthew Guy, Minister for Ms Lovell, Mrs Petrovich, Mrs Peulich, Planning and an upper house member for the area I Mr Rich-Phillips and Mr Guy. represent in the north. I know many people in the north were aghast when he voted against those amendments As someone who has actively supported change in this on the last occasion. I urge the member for Ferntree area, I must say that it would be pretty shabby and Gully and other members on the government benches terrible if members of the government were to do a in this house to have detailed conversations with U-turn and back down on making these changes, members in the other house. We are in a very uncertain because that would let down young people who have period, as has been well demonstrated by the three-ring had their reproductive material harvested so that they circus in the government this week, and it needs to be can have their choice of appropriate family planning made clear that all members of the government support when they have recovered — and maybe even when the bill that is before the house, the Assisted they have reached adulthood. I urge those members of Reproductive Treatment Amendment Bill 2012. the government who actively support this to make sure that they have detailed discussions with government I reiterate that the opposition does not oppose this bill, members in the other house, because they have a record although, as I have said, it has some concerns because of not supporting changes to assisted reproductive the minister and the government have not made public treatment. Given the current turmoil and a number of the recommendations of the Perrignon review. The people talking about Mr Guy, a member for Northern second-reading speech indicates that it is some Metropolitan Region in the other place, as an 15 months now since that report was delivered to the alternative leader, we may find that he might vote this government. I am concerned about why it has taken so down. long for the results of that review to become public. They have not become public, and 15 months later we Mr Wakeling — On a point of order, Speaker, I now have this bill before the house. I do not think we have been listening intently to the member’s can rule out concluding that maybe there has been contribution. Despite the fact she is the lead speaker, considerable cabinet dissent around the table, given that which gives her some latitude, I would have thought there has not been full agreement among members of she is straying very far from the bill at hand, and I ask the Liberal Party and The Nationals on matters such as you to call her back to it. assisted reproductive technology.

The SPEAKER — Order! I do not uphold the point In support of young people in particular and even of of order, but I do ask the member to come back to the some children who have found the need to have their bill before the house. reproductive material, whether sperm, gametes or embryos, put in storage to enable them to exercise their Ms GREEN — As I have said, Victoria definitely right to family planning later in life after treatment for has been a proud world leader in reproductive such terrible diseases as cancer, I wish any young technology. Who could forget that wonderful young person who is going through that treatment now all the woman, Alice Kirkman, whose life and creation have very best. They deserve the hope of getting better, the been the subject of much media speculation. I had the ability to live a long and fruitful life and the ability to privilege of meeting Alice Kirkman and her parents experience the joy of becoming parents themselves and

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having their parents become grandparents. That is why own the embryos and gametes and to seek their advice it is incredibly important that we support young people about what they want done with them. If it is not in this situation. The opposition certainly will do so and possible to find an owner of a gamete or embryo within will continue to talk up Victoria’s world leadership in 18 months, then in exceptional circumstances and the area of reproductive technology. We wish the bill a where appropriate the Patient Review Panel will have speedy passage, and we hope members of the other the capacity to extend that period. house will recant their previous opposition on matters such as this. I commend the bill to the house. It is estimated that 285 males and 440 females in this state are affected by the current situation, which Mr WAKELING (Ferntree Gully) — It gives me represents roughly 5 per cent of all gametes currently in great pleasure to rise to contribute to the debate on the storage. The Royal Women’s Hospital was faced with Assisted Reproductive Treatment Amendment Bill the moral dilemma of whether or not it would break the 2012. This bill sets about fixing a problem with the law by disposing of gametes and embryos it had in current legislation, the Assisted Reproductive storage. Treatment Act 2008, which was implemented by the former government, and overcomes an administrative The Herald Sun recognised publicly this administrative error which has led to the current untenable situation problem which arose as a consequence of the where many health clinics in this state are illegally legislation that was implemented during the last holding onto gametes and/or embryos. The community Parliament. The current Minister for Health rightly has been faced with a moral dilemma which has referred it to Dr Perrignon, and a review was developed as a consequence of that blunder by the undertaken. There was extensive consultation as part of former government. As we speak there are health the review. Major clinics providing assisted facilities potentially holding onto gametes and embryos reproductive treatment or gamete storage, including illegally, despite the fact that they are holding onto Melbourne IVF, Monash IVF, the Royal Women’s them for the future fertility of Victorians. Hospital andrology unit and Ballarat IVF were consulted, and their views were sought on this issue. Two main things have been identified. As has been Other parties that had a very clear opinion on this issue mentioned, when the government became aware of this were also consulted, including the health services blunder by the former government, it appointed commissioner, the IVF medical directors group, Dr Andrew Perrignon to conduct an independent Victorian Assisted Reproductive Treatment Authority, review. We as a government thank him for the the Royal Australian College of General Practitioners, extensive work he undertook in this very important IVF scientists groups, a former chair of the storage area. The community rightly sees this as a very subcommittee of the former Infertility Treatment important issue, and that is why the government sought Authority, a former member of that authority and to engage someone of his calibre to conduct an Professor Gab Kovacs from Monash University and independent review to identify possible solutions. Monash IVF.

Clearly identified solutions were found in two main As members can see, this bill is clearly a document that areas, one of which relates to the nominal date for has been well researched and on which the community storage of gametes. The current requirement provides has been well engaged. The views of those with for 10 years as the initial period for which gametes can opinions were sought — and rightly so — and be stored. Obviously in many circumstances this matter Dr Perrignon then provided a report to the government would affect young men who may be undertaking on the solutions. We are very pleased to be cancer treatment or dealing with other problems in life. implementing a solution to the problem that has been It was identified that 10 years is an inadequate period of identified to have occurred as a consequence of the time, and the recommendation was made that the period legislation imposed by the now Leader of the be expanded from 10 to 20 years. Opposition in his capacity as the former Minister for Health. We as a government identified a problem, we The other area identified in the review is that the sought a solution and we are very pleased to see this current 10-year storage requirement means that solution being implemented. technically those stored embryos and gametes had to be terminated, removed or disposed of by the health I can assure the member for Yan Yean, who is facility. The review made a recommendation to allow spokesperson for the opposition on this bill in this those facilities lawfully to retain those gametes and house, that government members recognise there is a embryos for a further 18 months to enable the health problem that is of the former government’s making. providers to identify the people in the community who Members on this side of politics certainly identified that

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there was a need to fix it. We will be supporting this Parliament were not very supportive of the original act. important work. I place on the record my thanks to However, they have since come to realise its benefits Dr Perrignon. He is currently a general practitioner, but and are now supporting the bill, which is demonstrated he was previously the chief executive officer of by the fact that this is a government bill. Northern Health. He is someone of high standing in the health sector. He handled this process in a very Dr Perrignon completed his review in December 2011 appropriate manner, and the community thanks him for and made a number of recommendations for a fair, that. patient-centred approach to long-term storage of gametes and to make sure that those whose gamete Many Victorians are faced with the terrible prospect of storage period has expired are not disadvantaged. The potential infertility as a consequence of cancer bill adopts these recommendations and extends them to treatment. For many young people this is not something embryos where appropriate. However, the opposition at the forefront of their minds. As members can cannot be certain about the review, since the appreciate, a teenage male or someone in their early 20s government has withheld it. As one would expect, the is not in many respects thinking about their future opposition will not oppose the bill. Under the current fertility, particularly if they are not in a committed law gametes and embryos can be stored for a basic relationship. If someone in their teens is afforded only a period of 10 years. The rules apply whether you are 10-year period in which to store their gametes, the end storing your own embryos or gametes for personal of that period will occur when they are in their late 20s. future use or whether you are storing donor gametes or Many males in that age group are not in relationships, embryos for purposes such as sibling pregnancies. so this could become an issue. The establishment of a When donor eggs or sperm are stored for sibling 20-year period is an appropriate step. pregnancies the time limit starts running from the date that the sperm or eggs are first stored and not from the The fact that we are now going to be allowing people date that they were first reserved for treatment. whose gametes have been stored beyond the permitted period a further 18-month period of lawful storage from This bill amends the original Assisted Reproductive the date of any amendment and affording them the Treatment Act 2008. It permits the panel to grant an opportunity for further storage of their gametes is also extension of the storage period in exceptional appropriate. I think it is something the community circumstances. What constitutes exceptional would be expecting in the circumstances. I assume that circumstances is not clarified in the bill. It important the former government did not seek that the legislation that the government define what would constitute would be limiting in its effect; I can only assume it was exceptional circumstances rather than leaving the an error in the drafting. More importantly, I think the definition open, as this might cause unintended community would naturally assume that this situation consequences down the track. The bill gives significant would not arise. Having made those comments, I powers to the chairperson to single-handedly determine reiterate that this is an important piece of legislation. It applications for extended storage without reference to is important for the safety of all those involved in this the broader panel. This may not be the best way to area that we get this bill in place, and I wish it a speedy undertake such an important decision-making process. passage through this house. The bill also amends the original act to protect patients from rare administrative errors made by assisted Mr PERERA (Cranbourne) — I wish to speak reproductive technology clinics and hospitals. briefly on the Assisted Reproductive Treatment Administrative errors could lead to patients being Amendment Bill 2012. This is another bill dealing with deprived of the treatment. human gametes and embryos. Human embryos are human life at its earliest developmental stage. Upon The bill makes provisions to increase from 10 years to union of egg and sperm, a genetically unique individual 20 years the initial storage period for gametes produced is formed with the capacity to direct its own by children or persons who have been medically development and in the normal course of events be certified as being at risk of premature infertility. Eggs born as a child. I congratulate the previous government or sperm from a child can be stored without consent if on enacting one of the groundbreaking acts of this he or she is about to undergo medical treatment that Parliament, the Assisted Reproductive Treatment Act will impair his or her fertility. A doctor must certify that 2008. Although the opposition has minor concerns on storage is in his or her best interests. Eggs or sperm some aspects of this bill, it is very welcome news that from an adult can be stored without consent if a person this government is making changes to improve assisted is temporarily mentally incapacitated — for example, reproductive treatment. As the member for Yan Yean after an accident — and is expected to undergo medical mentioned in her contribution, many members of the treatment that will significantly impair his or her

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fertility. Again, a doctor must certify that storage is in 11 December 2012. If we assume that a clinic or other his or her best interests. party did not have insider knowledge, at least on 12 December 2012, when the bill was second read, The idea is to store gametes before patients undergo clinics would have come to the realisation that all treatment for serious sickness that might make them expired gametes and embryos will be lawfully stored infertile. Before this groundbreaking assisted once the bill is enacted at a future date. reproductive treatment was introduced, they would not have had the opportunity to have a child if they became In view of the changing law in this space, it is the right infertile due to a particular medical treatment or serious thing for a clinic to hold onto the embryos and gametes accident. In the past, they would have had to console to make them available to patients. Otherwise, they will themselves by putting it down to destiny or God’s wish. not be available. It is absurd to make the storage of With the principal act of 2008 and this amending gametes and embryos lawful while those who are legislation, many who would have previously been storing them will be liable for storing these lawful deprived will know the joys of having a child. entities at the time of the commencement of the bill. I think the government needs to do some work to make At present, if the storage period for gametes and sure there is no discrepancy or imbalance between the embryos has expired, patients cannot apply for an entities that are stored and the people who store them. extension. This bill provides a grace period of 18 months from the date of storage expiry within which Mr THOMPSON (Sandringham) — The Assisted an application can be made for an extension. This is a Reproductive Treatment Amendment Bill 2012 amends step in the right direction when clinics and hospitals are the Assisted Reproductive Treatment Act 2008. Some in the process of searching for a written approval from aspects of the original act gave rise to serious debate the donor and cannot find them during that period. It regarding life value issues. My interest in this arena will also be helpful to donor couples needing more time stems from research undertaken some 35 or so years to make a decision about the remaining embryos. As ago in relation to the right to information concerning one can imagine, it is a very difficult decision to have biological origin as it affects adopted children and them removed from storage. children conceived through assisted reproductive technologies. Interestingly, 35 or so years ago the The bill also extends to up to three months the period frontiers of science were moving forward with practices after the storage expiry date during which gametes and around which the ethical debate had not been able to embryos are to be removed from the clinic or hospital. encapsulate certain provisions, the outworking of which This is purely an exercise to fix logistical problems of we have seen in recent discussions and parliamentary immediately getting rid of gametes and embryos out of inquiries within this place in the current parliamentary clinics and hospitals. term.

The bill will make lawful the storage of all gametes and One of those issues concerns the right to information embryos that are in storage at the commencement of the about biological origin as it affects children conceived bill, even if they are past the storage expiry date. In my through artificial insemination with donor sperm or view, this needs further clarification. If the storage is eggs (AID). The miracle of life is a very special process lawful, when will it become unlawful? When does the for couples who are unable to have children of their 18-month grace period start? At the commencement of own without medical assistance. That assistance has the bill, there will be gametes and embryos with enabled families to be established and nurtured. In different expiry dates, but will they now all be lawfully Melbourne today there are people in their 30s who were stored because of the bill’s commencement? When will born through those processes. they be unlawfully stored? It is not clarified in the bill. One legacy of the early practices is to do with the Will those clinics storing gametes and embryos whose decisions of the surgeons, physicians and doctors of the storage date has already expired at the commencement day, including one I conferred with at the Prince of the bill be liable for the offence of storing those Henry’s Institute, regarding the storage of information gametes and embryos? The gametes and embryos will in those cases. Those decisions were not made in a way be lawfully stored; however, will the people storing that parliamentarians today, with the benefit of them be liable for the offence of storing expired date hindsight, might have chosen. One fundamental issue gametes and embryos? Since the time the bill was was the retention of identifying information regarding introduced, I have not found any provisions that make the donor as it affected children conceived through the the storing parties not liable for storing such gametes AID process. and embryos. The bill was introduced to Parliament on

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Early practices included multiple donors being used for may have had occasion to have their gametes stored one process of fertilisation of an ovum. Uncertainty when they were facing surgery for cancer or other regarding identity was construed as being a good thing, medical conditions where they may have wished to because the concern of donors at the time may have have the later use of such genetic material for the related to paternity implications, financial support purposes of the reproductive process. So the bill is matters and inheritance issues. Those concerns narrow and finite in its wider implications. outweighed the importance of a person’s understanding of their biological origin and genetic inheritance. In my I put the question before the house: what are the view, it is axiomatic that people have a fundamental resourcing implications for the implementation of these right to a knowledge of their genetic inheritance. So amendments? I understand that the revision of these much is derived from that history — sibling features statutory time limits and the extension of them will be and relationships and a genealogy that traces back and facilitated and absorbed within the current Department gives people time, place and context — and I am of Health activities so there is not a cost to the therefore of the view that it is regrettable that the community as a result of these amendments. Also, the advances of science back in the late 1970s or early amendment to enable a Patient Review Panel hearing to 1980s were not matched by legislative foresight which be constituted by a single member for the purposes of some back in the late 1970s wisely and keenly storage decisions will provide a more efficient process advocated. for handling storage applications and means that additional resourcing will not be required to meet any Another dimension that relates to that is the dimension anticipated increase in application numbers. They are of changing social mores regarding adoption issues, just a couple of practical aspects that I seek to present which we have had occasion to contemplate in the for the consideration of the house. Parliament in recent times as well. In the 1890s legislation in some Australian states and in the 1920s I will come back to the original area. Life is to be legislation in Victoria envisaged that the falsification of valued, it is to be respected and the ability through a birth record was something that would be reproductive technologies that have enabled individuals advantageous to the adoptee. Adoptees were absorbed who would otherwise not be able to have children to fully into a new family even though as they grew up have children is something that has brought great they might have found that they did not look too much advances and benefit to many families in this state. But like their mum or dad. Their parents may have had it is important that there also be the ethical guidelines different aptitudes and interests, but they were mum which have formed and shaped the original bill in ways and dad, and that led to a range of other difficulties. that do not prejudice interests. Those interests can be prejudiced when society takes a different view of There has been an important process of reform with the matters. ability for support for parents in whatever context they have had occasion to give rise to birth. The financial It was so in relation to the adoption legislation, and we support has changed the levels of support able to be have seen legislation which was introduced 100 years given and also the perspective of the wider community. ago and is now being revised and viewed in a The value of a child being brought up, all completely different context in Victoria. It is also the circumstances being equal, in the context of their case in relation to the AID legislation and the assisted biological family is of importance and of great value. In reproductive technologies practices where doctors some cases that is not always possible, but a knowledge practising in the area a mere 35 years ago thought it to of one’s genetic inheritance and biological relationships be of great advantage to destroy the birth records of a gives an individual and people in general an idea of child conceived through AID. We now have numbers place-time context and other social relationships that of young adults in Victoria who are seeking to trace are important. their biological origins but who today have little prospect owing to the destruction of the original birth In relation to the bill there are some measures being records. That is a very sad thing. It is an example where implemented regarding the storage of gametes and science has moved ahead of the legislature, seemingly embryos. As I understand it, and I stand to be corrected, for altruistic purposes, but where those medical these are measures that do not expand the operation of practitioners in numbers of instances have failed the original bill in terms of the wider practices which citizens of this state. would form a matter for strong debate in other circumstances, but the bill extends the time limits in Ms KANIS (Melbourne) — I rise to make a relation to the storage of gametes and embryos to better contribution to the Assisted Reproductive Treatment meet the personal circumstances of individuals who Amendment Bill 2012, and from the outset I state that

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Labor does not oppose this bill. There are five key thoughtful and considered use of the gametes. We purposes of the bill, and the first one is to provide that support the measures in this bill that allow for greater gametes and embryos are lawfully stored despite the opportunities for more considered family planning. expiry of the statutory storage period. The second one is to permit the Patient Review Panel to extend the storage We also support measures in the bill to improve the period for gametes and embryos in exceptional operation of the Patient Review Panel. However, we circumstances when the person who produced the have some concerns in relation to the panel and ask that gametes is unable to provide consent or the storage the government try to clarify several matters. The first period has expired. The third one is to increase the of these is that the bill gives the power to the statutory storage period for gametes from 10 to 20 years chairperson to single-handedly determine applications when the gametes have been obtained from a child or for extended storage without reference to the broader from a person who has been certified as having a panel. These decisions are important ones which can reasonable risk of premature infertility because of a have serious impacts on individuals if their requests for medical condition or procedure. The fourth purpose of extended storage are denied. I ask the government to the bill is to permit the removal of gametes and clarify the reasoning behind the decision to give such embryos from storage within three months after the power to an individual, the chair, and why that power expiry of the storage period. The fifth purpose is to alter has not been given to the panel, which would allow the constitution of the Patient Review Panel and makes some checks and balances to be put in place and ensure some other amendments to improve its operation. that decisions were made in a thoughtful and considerate manner so that instances of these materials It is our understanding that the government identified being destroyed against the wishes of the provider did some issues regarding administrative and approval not occur. processes currently adopted by assisted reproductive treatment clinics in Victoria and that these issues are The bill also expands the panel membership from a discussed and the recommended solutions are contained limit of five members to as many members as the in a report prepared by Andrew Perrignon. It is a shame Governor-in-Council wants to appoint, as long as the that this report was not released to the public before the panel make-up ‘enables proper functioning’. It is not debate on this bill today. I read in today’s Age clear to me what the need for or purpose of this change newspaper that the report will be released on Thursday. is, and I ask that the government clarify the reason for I also read in today’s Age that the Minister for Health the change and how the change will improve the proposes to implement all of the recommendations in functioning of the panel. I have some concerns that a the report. Surely an open and accountable government panel might be unduly large. Just as there is danger in would do things the other way around. Surely it would the lack of checks and balances of a very small, be more open and accountable to release the report and single-entity decision-making body, an unduly large then introduce the legislation that flows from the panel could get too caught up in debate. These sorts of recommendations of the report, but that does not seem decisions need to be made in a timely fashion, and it is to be how this government works. important that we have a panel composition that enables that to happen. Nevertheless, advances in medical science have enabled many people who would otherwise remain Perhaps these questions would not have been necessary childless to have children and experience family life. if the government had released the Perrignon review These scientific advances are welcome; however, they before the debate on this bill. I still do not understand sometimes bring about situations where the law has to why this report, which from my understanding has been play catch-up. Having children may be very far from in the government’s hands for approximately the mind of a young person suffering from an illness. 12 months, is being released tomorrow and why it was However, thanks to medical science a young person not released a couple of weeks ago so that those of us with a risk of premature infertility has the ability to who are debating the bill today could see some of the store gametes. While 10 years may have seemed like a reasoning behind what is happening and would also reasonable storage period, we now know it is often not have been able to see what other recommendations long enough. For example, to require a 16-year-old might be implemented that would perhaps balance cancer sufferer to use or destroy gametes they have some of the changes that are happening in this stored for future use by the time that person is 26 places legislation. undue pressure on the provider. It may be that they are not in a stable relationship or are just not ready to have On the whole, the opposition does not oppose this bill, children at that age. By extending the storage period as it is important that individuals who have gametes or embryos stored have some certainty in relation to how from 10 to 20 years the law will allow for much more

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those materials will be stored and, in particular, the being only two at the time obviously a 10-year storage circumstances under which they will be destroyed. It is period will not be viable because the child will be only a problem for a lot of the clinics that deal with assisted 12. Even in 20 years, which is what the bill provides for reproductive treatment that they lose contact with their without extenuating circumstances, she will be only patients, and it can take some time to track down people 22 years of age. who may have donated materials 10 years ago. Some of them have moved a number of times, and some may The bill provides for an extension of the storage period even have moved interstate or overseas. It is important from 10 years to 20 years, which is logical. In some that these sorts of materials are dealt with and that we cases that still will not be long enough, and the Patient give as many people as possible an opportunity to have Review Panel will be able to extend that time under children, to have a family, and I support that intention exceptional circumstances. I can imagine that certainly in this bill. my neighbour’s circumstances would be considered quite exceptional. However, I call on the government to be more open and accountable and to stop what seems to be the recurrence I asked some of the advisers how regularly extensions of the ridiculous situation that sees us debating a bill of the storage time were granted and they said they are that implements recommendations contained in a report granted routinely. Speakers before me, especially from that has not been released but will be released the other side, have said that, if there is anything at all tomorrow. We would all be much more comfortable controversial or a bit medically difficult when the with matters before the house if things were done the storage times are reviewed, it would not be quite right if other way around. a single member or the chair of the Patient Review Panel could make a decision around the destruction of Mrs VICTORIA (Bayswater) — We have before gametes. I have sought assurances that this is not a the house today the incredibly important Assisted worrying problem. Now, having spoken to those who Reproductive Treatment Amendment Bill 2012, which have worked on this bill, I am okay with that. I will amends the 2008 act. I was a member of the house come to the contact side of things in a moment, but when the bill for that act was debated. Unfortunately extensions are given and, as I said, if the matter is none of us foresaw some of the consequences of the controversial it will go to a full panel. The bill fully principal act, so the government is amending it to make covers the people concerned. sure that a lot of the grey areas are addressed or the unintended consequences are ironed out. As I said, the bill provides for the statutory storage period to be increased from 10 years to 20 years. That is There are several key points in the bill. One of the most very important, again, for those who from an early age important is that from the commencement of this have had their eggs or sperm harvested and stored, legislation the gametes and embryos currently in especially due to upcoming medical treatment because storage will be protected from being destroyed despite they had, for example, cancer or something along those the fact that some of them are past the statutory expiry lines that might render them unable to produce their date for storage purposes. At the moment quite a few of own gametes later in life. The bill allows for the those are in balance, with just under 300 gametes and removal of gametes and embryos from storage within some 440-odd viable embryos held in limbo, if you three months after the expiry of the storage period. like, and the bill protects them. Again, those who are in limbo at the moment are covered for 18 months. The one thing that we as a society can do with this wonderful technology — medical research has given us The bill makes constitutional variations to the Patient this power — is help those who are infertile for one Review Panel, which will ensure a much smoother reason or another, including after undergoing medical operation of that panel. The bill also provides a much procedures. I will give the house an example. Many clearer idea for those handling the biological product, years ago a very dear neighbour of mine had her eggs by making sure that they are attempting to contact the frozen for her daughter to use later in life. Her daughter owners of the gametes or embryos. When we were was two years old when she was diagnosed with cancer being very well briefed by the staff of the Minister for and my neighbour was told that her daughter would be Health I asked about the viability of some of the sterile. While she was still young enough, the mother biological product — that is, how well it stored and had her eggs harvested. She said, ‘If my child wants to whether there was a finite time within which it became become a parent, she obviously will not be able to be less viable, if you like. I was very interested to learn one with her own eggs, so I’m going to have mine that eggs do not thaw very well. The viability of eggs is stored’. So there are eggs in storage. With the child not time dependent, but they are far less viable than

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sperm. Once the egg is fertilised by the sperm, the some sort of assurance on the future of their child. embryos are a lot more viable than an egg on its own. I Parents might even be thinking, ‘Well, I could lose my thought that was very interesting. child now. How come I’m even thinking about grandchildren?’. The bill will broaden the discussion by For my neighbour, who as I said has had her eggs specialists who work in this field. It may put at ease the harvested for her daughter to use, there is still no parents of young people who obviously cannot make up guarantee that her daughter, should she wish to use their minds at a particular time. The initiatives in the those eggs, will have viable eggs in the future. That is bill clarify a lot of things that did not go quite right after unfortunate and very sad. I am not sure why it is as it is, the 2008 act, and I commend this bill to both houses. but I have been assured by those in the know that that is the case. The last thing members want is to have a Ms HALFPENNY (Thomastown) — I rise to speak situation such as we saw reported in the Herald Sun on the Assisted Reproductive Treatment Amendment back in 2011 under the headline: Bill 2012, and I state that Labor will not be opposing this bill. I recognise that the issue of assisted Royal Women’s breaks law after bungle shatters families’ reproductive technology (ART) is a sensitive one, and baby dreams. the introduction of any amendments or changes around We never want to see those in a position of authority — assisted reproductive treatment law is an opportunity that is, those in charge of such storage units — having for issues to be raised again. However, ART has helped to break the law, or members of the Patient Review many people who previously could not or would not Panel feeling that they do not want to break the law or have children and start a family, whether because of facilitate the breaking of the law and saying, ‘We need infertility due to medical treatment for illness or to now go ahead and destroy these because that is infertility from birth, or to prevent serious genetic exactly what the law tells us we have to do, even disabilities being passed on to the next generation. I though we think this is wrong morally’. believe there would be very few people who have not been touched in some way by the very real hope and The extension of the storage period from 10 years to happiness that ART has given to those who dearly 20 years is very important, as is the way that people wanted to be parents but could not do so without this whose gametes are stored are contacted. It seems that technology. A member of my own family has had two what happened at the Royal Women’s Hospital was as beautiful children through ART. Who could deny any a result of an administrative fault by which the hospital human being the right to give birth to a child? This is authorities did not get in touch with the families early the greatness of the modern world, a world that has the enough, unfortunately. Those people who were affected capacity to dramatically improve people’s lives, be it by that have been spared — against the law, which is through improved health, eradication of disease or why the government is changing the law — the pain of giving women who otherwise may not have been able finding out afterwards that the product they thought to the right to bear a child. they would be able to work with later had been destroyed. It is still around. The amendments contained in this bill build on the original act, the Assisted Reproductive Treatment Act There are so many things about the legislation that are 2008, which was introduced by the state Labor fabulous. Certainly all the unintended consequences of government, as has been mentioned by previous the 2008 principal act are being addressed by this speakers. The legislation we are debating today is amending bill. It is something that the government can required to keep up with a changing world. It consists be very proud of. We obviously need to protect those of minor amendments to the original act that have young people who are undergoing treatment for cancer resulted, we are told, from a review conducted by or any such medical condition. They also need to have Dr Andrew Perrignon — a review the government things in place so that even as treatments for cancer and refused to release in time for the debate on this bill. As other diseases get better, they will be insured, if you previously mentioned, an article in today’s Age says the like, and will have that possibility later in life. Minister for Health has determined that the report will be released; however, it is not being released in time for It seems that it would assist a lot of the specialists who the current debate on a bill that is supposed to be a are having to have conversations about this issue with product of that report. parents of children. Members can imagine how difficult it is to say to a mother of a two-year-old, ‘We need to Due to advances in medical technology and practice, talk about your baby having babies one day’. With and due to the demand to access such medical specialists being able to say also, ‘We can store these treatment, the amendments in this bill are necessary to products for a very long time’, parents will be given ensure that the law protects individuals and

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organisations and that the administrative system is produced embryos and gametes and the difficulties they practical in regard to the storage and removal of and may have in coming to decisions about the disposal of access to gametes and embryos. I will quickly go such material. Yet this bill does not specifically define through the contents of the bill. what exceptional circumstances are. Therefore the issue will be left to a panel the members of which may In essence, the bill seeks to amend five main aspects of change over time. This definition should be made clear the Assisted Reproductive Treatment Amendment Bill to ensure that the best interests of those who have 2008. It looks at ensuring that gametes and embryos gametes or embryos in storage are taken into account that are already in storage are being kept lawfully when and are balanced with the practical implications. the statutory storage period may have expired. It allows Furthermore, a clear and reasonable explanation needs an increase of the statutory storage time of gametes to be provided as to why the number of people on the from the current 10-year period to 20 years where the panel is proposed to be altered from five to any number gametes have come from a child or someone who is the Governor-in-Council chooses. What does this deemed to be at significant risk of becoming infertile change attempt to achieve? Again, we do not know. due to medical treatment or medical conditions. A child Overall, this bill seeks to provide a better outcome for who requires some sort of treatment that may result in those who have gametes or embryos in storage; them becoming infertile in adult life may need to store however, it is difficult to assess its full content without embryos or gametes for much longer than 10 years, seeing the instigating report. depending on their age. This ensures that there is the opportunity for someone who is now a child to have There has been much debate and research, and many children in later life, if they choose to, without having viewpoints have been offered on the topic of in-vitro to worry about a 10-year cut-off date when fertilisation (IVF) and the storage of embryos and reproductive materials would have to be disposed of. gametes over a long period of time. I would like to quote from a research paper based on extensive The bill also provides for the ongoing lawful storage of interviews with women who are involved or have been embryos beyond the existing expiry date to allow for an involved with IVF. It says that embryos are often application to extend the period of time to be made, and categorised: it provides that embryos may lawfully be removed from storage and disposed of by an assisted reproductive … as either ‘mere’ cells or as entities of moral significance: treatment provider within three months. The bill also ‘life’ or potential life. We do not believe that embryos should be granted a moral or legal significance in and of themselves allows the Patient Review Panel to extend the time that as distinct entities. Rather, their value is relational. Embryos gametes are stored in exceptional circumstances where matter because of what they mean to those for whom they the person who produced the gametes is not able to give were generated. This meaning is intensely personal, and written permission and the legal storage time has infinitely variable. expired. The determination of exceptional Legislation should, as far as possible, reflect the wishes circumstances lies with the chairperson or an individual of those directly affected while of course also ensuring member of the panel. The bill also changes membership that that is practically possible. of the Patient Review Panel from five members to an unspecified number. In closing, as I previously said, Labor does not oppose this bill. It goes some steps towards allowing those who As mentioned earlier, the amendments contained in the have embryos and gametes in their possession further bill are the result of a review that was initiated by the rights in terms of determining when and how they can government. However, the government has refused to be disposed of. release the report in time for the debate on the bill. This makes a mockery of the government’s promise to be Mr MORRIS (Mornington) — I am pleased to rise transparent at all times in governing. This is yet another to join this debate on the Assisted Reproductive broken promise, just like the most recent government Treatment Amendment Bill 2012 The bill is one of debacle that has unfolded over the last few days. those that we occasionally need to deal with which is largely technical, complete with a range of terms that I note that while this legislation increases the length of we certainly do not use in normal life but which in time for which gametes and embryos can be stored to terms of the impact on the individuals concerned go 20 years, it is not limited to 20 years as the Patient very much to the central reasons for their existence. Review Panel has the authority to extend storage in While it is reasonably dry and technical, the bill is exceptional circumstances. I believe this is a good intended to amend the principal act to ensure that thing. It provides the flexibility required and takes into gametes and embryos which are currently in storage or account the needs and wishes of those who have

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are in storage when the bill commences operation are summary SARC provides there is essentially no considered to be lawfully stored, even if the storage comment. I guess that very much reflects the situation period has already expired; to make some changes to of this legislation in that it makes a series of the Patient Review Panel arrangements, particularly amendments that are largely non-controversial. They with regard to where there has been an extended storage basically constitute a practical approach to resolving a period for gametes and embryos without the obtaining problem that has been established by the effluxion of of the written approval of the person or persons who time and, as I said, the exposure of the defects in, the produced the gametes or where the storage period has original legislation. concluded; to allow an extension of the storage period, which is currently an across-the-board 10 years, where I am sure that most members are aware of the the gametes have been obtained from a child or from a background. Certainly there was considerable press person who is at risk of premature infertility brought on comment on the issue. There were some difficulties in because of a medical condition or because of medical terms of the specifics of the act regarding the period of treatment; to allow time for appropriate actions to be storage that might be undertaken, the circumstances of taken after the expiry of the storage period; and also to the storage that needed to be undertaken and so on. The change the arrangements in terms of the composition of Patient Review Panel has the capacity to make some the Patient Review Panel. determinations, but the way that is set up and the steps that need to be taken make that problematic. In the Deputy Speaker, as you would certainly recall, the bill absence of an extension being granted by the Patient for the principal act, the Assisted Reproductive Review Panel, there is a requirement to remove the Treatment Act 2008, which has been the subject of gametes — certainly under the current legislation — some discussion today, was debated cognately with the virtually forthwith, and if the gametes are allowed to Prohibition of Human Cloning for Reproduction Bill remain there is the risk for those who allow them to 2008, which basically re-enacted part 4A of the now remain of incurring a two-year term in prison. That is repealed Infertility Treatment Act 1995, and the clearly not appropriate in many of the circumstances Research Involving Human Embryos Bill 2008, which that have arisen. re-enacted part 2A of the Infertility Treatment Act 1995. The principal act, the Assisted Reproductive As other members have pointed out, the Minister for Treatment Bill 2008, made changes to and essentially Health asked Dr Andrew Perrignon to review the rewrote the whole regime in the area and also made situation, and as you would expect, it was established some changes to the Status of Children Act 1974, the that there were many cases of individual patients not Births, Deaths and Marriages Registration Act 1996 being able to be contacted or consulted. But certainly and other acts. It is worth recalling that it was cognate there were probably a majority of gametes where debate, which meant members had 10 minutes to speak decisions were not — — on three bills. The argument put at the time was that two of the bills were essentially rewrites, but certainly Mr Pallas — Deputy Speaker, I draw your attention there were issues that needed to be dealt with. The to the state of the house. outcome that one would expect occurred. The Quorum formed. legislation was pushed through, and the defects in the legislative regime are now becoming apparent. We all Mr MORRIS — It seems that the member for appreciate the determination of the former Tarneit, while he was most effective at creating road Attorney-General to push this sort of legislation congestion when he was the Minister for Roads and through, but unfortunately he has left us to clean up the Ports, is now hell-bent on creating congestion in the resultant mess. halls of the Parliament.

I want to make the point — and I alluded to this at the Obviously given the amount of time that has been start — that we are dealing in this context with some of consumed by the opposition’s decision to make a the most difficult decisions any human being can be quorum call in the middle of my contribution, I am not faced with making. They are matters that are so close to able to return to the detail of the issues. It is probably everyone’s heart. Certainly the general tenor of the more appropriate for me to simply commend the work debate this afternoon has been one of dignity, and I of the department and of the minister in bringing think that is the way we should proceed with it — forward and dealing with the issues as they have arisen although there has been the occasional snipe as well. in the bill. I believe the approach that has been taken in When you look at the Scrutiny of Acts and Regulations drafting the legislation and the proposals that are before Committee (SARC) review of this bill — in contrast to the house will deal sensitively and appropriately with the review of the last bill — you see that beyond the

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what is a very difficult situation for those it most I note in the explanatory memorandum that exceptional closely concerns. In that spirit I commend the minister circumstances may arise where the person who and I commend the bill to the house. produced the gametes did not receive notification from the person responsible for storing their gametes about Mr LANGUILLER (Derrimut) — I rise today to the impending expiry of the statutory storage period speak in support of the Assisted Reproductive and they intend to retain their gametes for fertility Treatment Amendment Bill 2012. From the outset I preservation. The second-reading speech suggests that have to say, like many members on both sides of this there are other circumstances where no written house have said, that this bill and these amendments are authority can be obtained. They include: one, a donor very important to all of us, and we welcome them. As a being temporarily incapacitated from an accident or privileged parent of four kids I understand how illness preventing consent; two, a donor being unable or important it is to be able to have children and have a reluctant to make the decision to have them removed; family. Equally, as someone who has a bit of and three, a donor being unable to be found or experience of this within my own family — without contacted. going into too many details, I know how complex it can be for those other members of my family and what they I certainly welcome the extension of the storage period. go through in order to be able to have a family as I Things have changed. People are living longer. We are have — I understand how difficult this subject may be. now able to anticipate illnesses, diseases and conditions that may in the future preclude a person from being As members have said, this bill and this subject raise a able to have a family — from being able to reproduce, lot of ethical, moral and religious questions. I note that so to say. The amendment will facilitate young people, in previous debates on assisted reproductive treatment especially children at risk of infertility, in the future bills, particularly in the other place, there have been becoming parents should they wish to do so. It extends votes where some members of both major parties and the statutory storage period from 10 to 20 years for others have voted in support and others have not. I put gametes produced by children and other persons who on record that we very much respect the different are certified by a doctor as being at reasonable risk of opinions that members of Parliament and other becoming prematurely infertile because of a medical members of the community may have about the issue. condition or procedure.

I think the bill is good. I certainly welcome the We have come a long way, as you would be aware of amendments. I was able to attend the briefing that the and appreciate, Deputy Speaker. New technologies, shadow minister provided. I understand that he has had research and innovation are now facilitating something good conversations with the department, and I that some members of our community — like many of appreciate the advice he has received from the us — have been lucky not to require. I am certainly government. We welcome that. We understand that this supportive of the notion that when members of the is one of those areas where it is preferable that we work community are unable to have a family, they be assisted in partnership, where possible. in this way. I put on record that I have no moral or ethical issues against it. To the contrary; I think if one is These are important amendments. The bill amends the lucky enough to have children it is one of the best Assisted Reproductive Treatment Act 2008. Its main things that can happen in life. Therefore I welcome the purpose is to permit the Patient Review Panel, in bill and the amendments; I welcome the efforts made exceptional circumstances, to extend storage periods for by the government. I commend, equally, the efforts that gametes and embryos without the written approval of were made by the former government in introducing the person who produced the gametes or a person who good and progressive legislation that went hand in hand produced a gamete from which the embryo was with community aspirations. We reflected at the time formed. and continue to reflect on the progress we have made in I understand that as it currently stands, the Patient the community in relation to this matter. I commend the Review Panel may give written approval for a longer amendment bill to the house and wish it a speedy storage period if it considers that there are reasonable passage. grounds to do so. The bill provides a further exception. Mr CRISP (Mildura) — I rise to make a Where there is no written approval, the panel can contribution to the debate on and to support the approve a longer storage period if it considers that there Assisted Reproductive Treatment Amendment Bill are exceptional circumstances for doing so. 2012. The purpose of the bill is to amend the Assisted Reproductive Treatment Act 2008 to permit the Patient Review Panel, in exceptional circumstances, to extend

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storage periods for gametes and embryos without the demonstrated as a precedent in this house that there is written approval of the person who produced the a — — gametes or a person who produced gametes from which the embryo was formed; to permit the Patient Review The DEPUTY SPEAKER — Order! That is not a Panel, in exceptional circumstances, to extend storage point of order, and I think the member for Mildura periods for gametes and embryos if the storage period knows that. has expired; to provide for a 20-year storage period for gametes obtained from a child or from an adult certified Mr CRISP — The government engaged as at risk of premature infertility; to provide that Dr Perrignon to independently review issues gametes and embryos kept in storage on surrounding the long-term storage of this material. As commencement of this act are lawfully stored despite part of the review, consultation was undertaken with the expiry of the storage period; to allow time for the major clinics providing therapy and gamete storage removal of gametes and embryos from storage after the services and parties with a specific interest. The review also sought input from patients and families affected by storage period expires; and to alter the constitution of the Patient Review Panel and make other amendments the review, and public submissions were also to improve its operation. considered. It is also worth noting that as the professor did his work and looked into this matter he realised that It is worth noting that there have been some the issue extended far beyond just gametes and that extraordinary advances in fertility treatment over the eggs and embryos had been stored for an extended last 20 to 30 years, and that makes this particular bill’s period. One of the reasons the review was expanded history very interesting, but it is also a very emotional and extended was in order to make this legislation issue for those who have been involved. I will now talk comprehensive enough to cover a number of those about the bill in a little more detail. Its purposes include issues. The bill deals with material that is out of date. In allowing for the lawful storage of gametes and embryos his review Andrew Perrignon also sought to explore which are in storage at the commencement of the act such additional issues. but which are past their expiry date under the previous statutory storage period. The bill permits the Patient The bill seeks to remedy a situation and create some Review Panel to extend storage periods and increase certainty into the future. Nothing better sums up this bill than the term ‘things change’. Over 10 years a lot the statutory period from 10 to 20 years for the gametes and embryos of people who are at risk of premature changes. People move, their circumstances change and infertility due to a medical condition. It also allows for the lives of young people, who may have had certain changes to the constitution of the review panel and for intentions when they had their material stored, can some embryos to be stored for up to three months after change. One of the specific purposes of this bill is to allow storage for up to 20 years of the material of their expiry date. younger people who for some reason are at risk of The history behind how the bill came about is that it medical infertility due to treatment for conditions such became apparent to the minister that some reproductive as cancer. That is a very useful part of this bill. The bill material had been stored well outside the statutory is about a fairer way to deal with people and their 10-year period and was out of date and over the time circumstances. The exceptional circumstances limit. This occurred for various reasons, including that provisions are extremely important. Clinics have been people were not able to be contacted. In June 2011 the busy trying to contact patients, and in-vitro fertilisation government became aware that clinics had stored technology goes back a long time. They have been gametes for longer than the period permitted in endeavouring to do this, and I can well understand Victoria, and the Perrignon review of issues concerning clinics not wanting to destroy such precious genetic long-term gamete storage in Victoria was material. commissioned in response to concerns raised publicly that gametes stored beyond — — I understand the number of patients who are affected by the expiry of their gametes is about 285 people out of Mr Pallas — Deputy Speaker, I draw your attention the 4500 people who have gametes in storage, so we to the state of the house. are dealing with about 5 per cent of the stored material and 440 patients have expired embryos in storage. This Quorum formed. is a very small proportion, but it has a major impact on those who are affected. There are a number of reasons Mr CRISP — On a point of order, Deputy Speaker, why the review panel needs to have exceptional on the matter of quorums, the government has circumstances provisions within its powers and why the panel is so important. There are a number of examples.

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Something I have learnt through the briefing process on embryos to remain in storage beyond the permitted this bill is that a number of people who serve in our statutory storage period, or where it is known that the armed forces, who are going overseas on active duty, person who produced the gametes has asked for them to choose to have their genetic material stored because of be removed from storage. The current legislation the risk of damage due to chemical and other exposure. creates some complications, as we have certainly seen That has a very realistic impact on their lives, and it is in recent months. This amending bill will make suitable something that I am sure many of us had not thought of. changes, particularly in relation to the storage issues. The purpose of these provisions is to ensure that There is also provision to enable people to use or gametes and embryos do not remain in storage against donate their material during this period, but if there are the wishes of the gamete providers and to prevent the no instructions, then the material will be removed from build-up of unwanted stores of gametes and embryos. storage. The bill is about tidying up something that is close to people’s hearts. It is a very important piece of In June 2011 this government became aware that legislation for those who are probably here because of gametes and embryos were being stored for longer than the marvels of research and technology in our Victoria’s permitted statutory storage periods, which is community, which enable us to deal with these fertility obviously against the law as it now stands. This arose in issues. With those words, I wish the bill a speedy the context of the Patient Review Panel’s handling of passage. applications for extension of gamete storage that had been received following the expiry of the storage Mr McCURDY (Murray Valley) — I also rise to period. The panel took the view that the gamete and make a contribution to the debate on this very sensitive embryo storage provisions should not be interpreted to but very important measure, the Assisted Reproductive enable a further extension of the storage period once the Treatment Amendment Bill 2012. There are six key permitted statutory period had expired, as this would objectives that we are trying to achieve through this allow the routine commission of offences by the person bill, but primarily it is to amend the Assisted storing the gametes or embryos. Reproductive Treatment Act 2008 in three key areas: to permit the Patient Review Panel (PRP), in exceptional Patients who made applications for extension of storage circumstances, to extend storage periods for gametes following the expiration of the permitted period were and embryos without the written approval of the person advised by the panel that it could not deal with the late who produced the gametes or a person who produced applications as they were made following the expiry of gametes from which the embryo was formed; to permit the statutory period. Basically the panel said it was too the PRP, again in exceptional circumstances, to extend late in some of these circumstances. The purpose of this storage periods for gametes and embryos if the storage bill is to make some amendments to the legislation so period has expired, which is the situation in particular that in exceptional circumstances the Patient Review cases at the moment; and to provide for a 20-year Panel can look at individual cases. Many of the people storage period for gametes obtained from a child or who are storing embryos and such are doing so because from an adult certified as at risk of premature infertility. of health issues or pending infertility. There is not always a cut and dried reason as to why and how you The bill provides that gametes and embryos kept in need to proceed. Obviously there is a need to make storage at the commencement of this legislation are rules and those rules need to be abided by, but there can lawfully stored despite expiry of the storage period. It be exceptional circumstances. will also allow time for removal of gametes and embryos from storage after the storage period expires. When the situation arose the Minister for Health Finally, it alters the constitution of the PRP, or Patient engaged Dr Andrew Perrignon to undertake an Review Panel, and makes other amendments to independent review. The Perrignon review looked at improve its operation. The storage of gametes and issues in relation to long-term storage. Currently a embryos for use in assisted reproductive treatment is significant number of gametes are stored in Victorian regulated under the 2008 act. That act specifies the assisted reproductive treatment clinics and hospitals length of the storage periods and the circumstances in beyond the permitted storage periods under the act, and which storage can be extended. Storage can be that is what the review looked at. The Perrignon review extended by the gamete/embryo owner, who must made many recommendations, including deeming apply to the Patient Review Panel. gametes stored beyond the permitted period to be lawfully stored for 18 months from the commencement It is a criminal offence, punishable by up to two years of any amendment and permitting applications for imprisonment, for a person or an assisted reproductive extension of storage to be made during this 18-month treatment (ART) provider to allow gametes and period. That allows a window of opportunity to — for

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the want of a better expression, I suppose — get your donate them or apply to the Patient Review Panel to house in order and try to make sure all these situations extend their storage for a longer period. are lawful, and then we can continue on with the laws and regulations that need to be adhered to. After the 18-month period any gametes or embryos for which a patient has not sought a further extension of the Other recommendations included enabling the panel to storage period must be removed in accordance with the determine applications for extension of gamete storage act. It is certainly buying us a small amount of time, but in exceptional circumstances where statutory criteria after that period of time all bets will be off, so to speak, cannot be met and enabling a 20-year initial storage and gametes and embryos will need to be dealt with in a period for gametes stored by patients who are medically lawful manner. In the event of future lapses in certified as prematurely infertile or likely to become administration, patients who have stored gametes and prematurely infertile. As I said, in many cases this embryos should not be disadvantaged. As an additional might be as a result of cancer or other situations. As we safeguard against any similar situation arising in the know, people’s circumstances change quite regularly future, the bill includes new provisions that will enable and we need to be a little flexible. Another applications for extension of storage of gametes and recommendation of the review was the creation of a embryos to be made in exceptional circumstances. three-month statutory disposal period immediately following the expiry of an authorised storage period, As I said earlier in my contribution, we are very that will allow for that orderly removal of the material mindful that people’s circumstances change quite from the clinics. It gives those clinics a period of time regularly. It is a very sensitive area of family planning. in which to ensure that it takes place. This bill will assist people in this difficult area. With that contribution, I commend the bill to the house. The bill adopts the recommendations of the Perrignon report and extends them to also deal with embryos, Ms RYALL (Mitcham) — It is with pleasure that I where appropriate. Whilst the Perrignon review focused stand to make a contribution to the debate on the on the storage of gametes, it found similar issues Assisted Reproductive Treatment Amendment Bill applied with embryos as well. Currently a substantial 2012. This bill is about amending the Assisted number of embryos are held outside the permitted Reproductive Treatment Act 2008 to, in essence, statutory period — illegally, so to speak — for which address flaws that resulted from the assisted ART clinics do not have clear instructions from the reproductive technology (ART) bill being rushed owners of the embryos or the donor providers of through in 2008 under the oversight of the former gametes used to form the embryos. Extending the Minister for Health, the now Leader of the Opposition. proposed amendments to the act to deal with embryos The amendments in the bill are for the purposes of will also give ART clinics the opportunity to deal lawfully with excess stores of embryos and enable ensuring that gametes and embryos that are stored are patients to continue to use them or donate them for stored in accordance with the law. They will enable the family formation. Patient Review Panel, in exceptional circumstances, to extend the period of storage of gametes and embryos The Department of Health is assisting in the without the approval of the person who produced them development of the guidelines to facilitate the and increase the gamete storage period from 10 years to development and drafting process amongst the clinics. 20 years in the instance where the gametes have been The guidelines will cover the responsibilities of clinics supplied by a child or a person at risk of early infertility to provide information to patients, maintain patient as a result of a procedure or illness. They will allow for contact details and communicate requirements and the removal of stored gametes and embryos within other issues regarding storage periods. This work is three months of the expiry date of the storage period. under way and will be completed as this bill makes it through the house. The bill will enable the constitution of the Patient Review Panel to be altered. This relates particularly to The bill will rectify the current undesirable situation the provision in the current act, which stipulates that where, as I said, groups of patients cannot access their both the chair and deputy chair of the Patient Review stored gametes and embryos because they have been Panel have to be present in order for the panel to be stored beyond the permitted period. The bill will deem legally constituted. If one is not available, the panel expired gamete and embryo stores to again be lawful, cannot be constituted, which is not conducive to its which will provide time for them to be dealt with smooth operation and governance. The bill will enable properly. During this time the owners of these stored people who have gametes or embryos in storage that gametes and embryos will be able to either use or have gone over the storage expiry period to either

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donate them or use them themselves. It will make sure and tight when it comes to storage. At present gametes that the governance processes for the Patient Review can be stored for a period of 10 years with an option for Panel are improved so that it is able to better fulfil its extension. For embryos it is 5 years with an optional obligations under the law and operate effectively. extension for a period of 5 years, provided that the submission to the panel is undertaken by the person I draw the house’s attention to an article that appeared who owns those gametes or embryos. in the Herald Sun of 22 June 2011. In it Minister Davis, the Minister for Health, talks about commissioning an In my involvement in audits of assisted reproductive independent review — which was conducted by technology units, both scientists and nurses have Dr Andrew Perrignon — and is quoted as having said: expressed the moral dilemma, if you like — the anxiety and angst — that occurs for them when the time of … the current law is inflexible in not providing for the Patient expiry is approaching or has arrived and they are unable Review Panel to consider extension of the period of time for which sperm may be stored in these circumstances … to locate the owners of gametes or embryos. They have considerable angst in not being able to locate them, and There was clearly a concern there and a need for a it may be for a number of reasons. Perhaps a review to be undertaken by a doctor with considerable serviceman or woman is on the job in different experience and expertise in the assisted reproductive locations and has moved. Understandably there are technology area to look at what the concerns and issues requirements for people who participate in programs of were and provide recommendations for better in-vitro fertilisation or the storage of sperm and so forth safeguarding those who provide gametes and embryos, to notify an assisted reproductive technology clinic of and those who work in assisted reproductive any location changes. technology clinics. Those requirements exist, but for a number of reasons Assisted reproductive technology is an area in which I they might fall through. A serviceman or woman may was engaged in my life prior to being elected to have been on location or moved on a regular basis, or Parliament. I was a member of the Joint Accreditation for some reason someone else may have moved on a System of Australia and New Zealand and was on its regular basis. They may forget or omit to notify the assisted reproductive technology technical committee, clinic, and that makes it difficult to locate them. As I which developed the code of practice for assisted said, that creates a significant amount of angst about reproductive technology units. I was involved in that what to do for those who work at assisted reproductive for two years. I also assisted in the establishment of a technology clinics. Essentially this bill enables that system of compliance for the audit and accreditation of angst to be addressed by extending the period in which assisted reproductive technology units to make sure that an attempt to locate the individuals or couples who own the audit of such ART units was conducted in the gametes or embryos may be made. compliance with the code of practice. It is estimated that approximately 285 gamete storages My experience with the Reproductive Technology have exceeded the statutory storage period. Many are Accreditation Committee (RTAC), in the period of time from young people who, as a result of illness — it may that I was involved with the committee, was be cancer or some other serious illness or a procedure outstanding. It was involved in making sure that the they have had to undergo — have put gametes into proper systems and processes were in place within the storage. Because of that, they are looking to access ART units and making sure that they complied with the them at a later date, which may be further away than act and the codes and had a sense of good practice. the current statutory 10-year period. It is estimated that Having been involved in providing consulting advice to 442 embryos have exceeded their statutory storage an accreditation organisation on establishing its systems period. and also having been involved in the actual audits of ART units and assessing their compliance, I can say When a person or couple has gametes or embryos in that the staff of the ART units are absolutely storage, they have obligations to meet, but there may be outstanding. The scientists, nurses and doctors provide reasons in their lives that they are unable or omit to services and make sure the systems are strong and notify a clinic that they have moved premises or comply with the act and with the requirements of the changed phone numbers. It is therefore difficult to code. contact them. The bill enables safeguards for when administrative errors occur within a clinic or when Storage of gametes and embryos is a big thing in those consent for continued storage has been given after the units. The systems for traceability have to be spot on. specified period. It enables clinics to retain those The systems of administration have to be really strong embryos and gametes for 18 months after the expiry

ADOPTION AMENDMENT BILL 2013

738 ASSEMBLY Wednesday, 6 March 2013 period. It is on that note that I commend the minister for automatically recognised in Victoria, without the need to his work on this bill and for addressing this issue. I apply to the court. commend the bill to the house. The bill corrects this anomaly by requiring the Secretary of the Department of Human Services, who is appointed the Debate adjourned on motion of Mr KATOS (South state central authority for Victoria for the purposes of the Barwon). Hague convention, to notify the registrar about an adoption under the Hague convention. The registrar will be required to Debate adjourned until later this day. register the adoption, enabling a Victorian birth certificate to be issued in respect of the child.

ADOPTION AMENDMENT BILL 2013 2. Human rights protected by the charter act that are engaged but not limited by the bill. Statement of compatibility The bill engages the right to privacy, by giving natural parents Ms WOOLDRIDGE (Minister for Community a right to be provided with identifying information about their adult adopted son or daughter, without the written agreement, Services) tabled following statement in accordance or evidence of the death, of the adopted person. This could with Charter of Human Rights and Responsibilities impact on an adult adopted person’s right not to have their Act 2006: privacy, family or home unlawfully or arbitrarily interfered with. In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this The bill also engages the right to freedom of expression, by statement of compatibility with respect to the Adoption allowing an adult adopted person to regulate contact by Amendment Bill 2013. lodging a contact statement specifying the type of contact, if any, they wish to have with a natural parent. These wishes In my opinion, the Adoption Amendment Bill 2013, as about contact must be disclosed to a natural parent before introduced to the Legislative Assembly, is compatible with providing them with identifying information, and it is an the human rights protected by the charter act. I base my offence to breach a current contact statement where no opinion on the reasons outlined in this statement. contact is specified. This could impact on a natural parent’s freedom to seek, receive and impart information. Overview of bill These rights have been balanced so that a natural parent has a The purpose of the bill is to amend the Adoption Act 1984: right to identifying information about an adult adopted child, but the adopted person can regulate contact. Thus privacy is to remove the requirement for obtaining an adult not unlawfully or arbitrarily interfered with by the bill, and adopted person’s consent before giving identifying the right to freedom of expression is only restricted as information to the adopted person’s natural parent; reasonably necessary to respect the rights of others.

to provide for adult adopted persons to make contact The offence for contact in contravention of a contact statements about their wishes for contact with their statement contains an exception which places an evidential natural parents; and burden on an accused person who wishes to rely on the exception. Accordingly, the presumption of innocence under to enable a birth certificate to be issued for a person the charter act is engaged. In my view the provision is whose adoption occurred under the Hague convention in compatible with the right to be presumed innocent, as the a convention country and is recognised in Victoria. issue of previous contact is within the knowledge of the natural parent and it is reasonable for them to provide Human rights issues evidence. The prosecution retains the legal burden of 1. Human rights protected by the charter act that are disproving the issue beyond reasonable doubt. promoted by the bill. Conclusion

The bill positively engages and promotes the right to I consider that the bill is compatible with the charter act recognition and equality before the law, as it will enable the because the rights which are engaged by the bill are unlikely issuing of a Victorian birth certificate to all children adopted to be limited. If any rights are limited by the bill in individual from overseas as part of Victoria’s intercountry adoption circumstances, to the extent that those rights are limited, those program. limitations will be reasonable and demonstrably justified in a free and democratic society. Where an adoption is finalised in the County Court of Victoria, including an intercountry adoption under a bilateral Hon. Mary Wooldridge, MP agreement, the court is required to notify the registrar of Minister for Community Services births, deaths and marriages (registrar). The registrar registers the adoption, and the child can be issued with a Victorian birth certificate. However, there is no mechanism for notifying the registrar about an adoption under the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague convention), as the adoption is finalised in the convention country and

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Second reading contribution to former forced adoption policies and practices, this legislation introduces a ‘contact Ms WOOLDRIDGE (Minister for Community statement’ which will allow adopted persons to regulate Services) — I move: contact should they wish.

That this bill be now read a second time. The contact statement will enable an adopted person to This bill makes amendments to the Adoption Act 1984 either regulate contact or refuse to allow another party which will allow natural parents to access identifying to the adoption to make contact with them but it will information about their adopted adult child. not prevent the release of identifying information to birth parents. It also introduces the use of contact statements to allow adopted individuals to regulate or refuse contact if they Anyone registering a contact statement will be wish. encouraged to leave a message to help the person affected by the statement better understand the reason On 25 October 2012, this Parliament formally for the statement should they seek information. They apologised to the mothers, fathers, sons and daughters will also be encouraged to include some information who were profoundly harmed by past adoption about their current circumstances, for example, their practices in this state. health and general wellbeing.

We acknowledged that from early last century into the The statement will need to be renewed every five years early 1980s but particularly between 1950 and 1975 at and breaching a contact statement will attract a penalty least 19 000 Victorian children were relinquished for of 60 penalty units. adoption, the vast majority from young, unwed mothers. These changes will take effect from 1 July 2013.

In many cases the babies were forcibly removed and This bill also implements a change to the act in relation many mothers never saw nor held their child. to international adoptions.

Adoptions which took place in the state of Victoria Currently, section 70 of the act provides for the prior to 1984 were closed. This meant that no parties to registration in Victoria of overseas adoption where an the adoption were permitted to access information order to do so is issued by a Victorian court. However, about the others. adoptions finalised in countries that are signatories to the Hague Convention on the Protection of Children The law was changed in 1984 and adoptions nowadays and in Respect of Intercountry Adoption are are open and transparent, with the child encouraged to automatically recognised in Victoria without the need understand their background and with a capacity to for an order by a court. As a result, the Victorian connect with their natural family. Registry of Births, Deaths and Marriages has been unable to issue a Victorian birth certificate for these The 1984 changes also allowed adopted persons full children. access to identifying information about their parents. It did not, however, extend the same rights to birth This legislation will correct this anomaly and allow parents. these children to have their adoption registered and the opportunity to apply for a Victorian birth certificate. Birth parents currently require the explicit permission of the adopted person, or evidence of their death, to On 25 October 2012, the Victorian Parliament access identifying information. In practice, this means apologised for the trauma, pain and loss that so many that some mothers and fathers, decades after an experienced, and continue to experience to this day, as adoption took place, still do not know the name of their a result of past adoption practices. son or daughter. With this legislation, the government acknowledges This bill will change that and allow natural parents to that the current information restrictions have been a access identifying information about their adopted adult source of ongoing frustration and trauma for many sons and daughters. mothers.

In conjunction with this, and in line with the From 1 July 2013, mothers will have the right to know recommendations of the Senate Community Affairs identifying information about their child and adopted References Committee inquiry into the commonwealth

PLANNING AND ENVIRONMENT AMENDMENT (GROWTH AREAS AUTHORITY AND MISCELLANEOUS) BILL 2013

740 ASSEMBLY Wednesday, 6 March 2013 persons will have the right to regulate contact for Human rights issues whatever personal reasons may exist. Human rights protected by the charter act that are relevant to the bill I commend the bill to the house. Presumption of innocence (section 25(1)) Debate adjourned on motion of Ms GREEN (Yan Yean). Section 25(1) of the charter act provides that a person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law. This right is relevant Debate adjourned until Tuesday, 19 March. where a statutory provision creates or amends the criminal liability of an officer of a body corporate solely by reference PLANNING AND ENVIRONMENT to his or her position in the body corporate. AMENDMENT (GROWTH AREAS Currently, section 128 of the act imposes criminal liability on AUTHORITY AND MISCELLANEOUS) an officer of a body corporate for any offence committed by BILL 2013 that body corporate under the act, and it places a reverse legal onus of proof on the accused.

Statement of compatibility Clause 17 of the bill will strengthen the right to the presumption of innocence by amending section 128 to replace Mr CLARK (Attorney-General) tabled following the existing ‘blanket’ reverse onus provision with a provision statement in accordance with Charter of Human that shifts the onus of proof to the prosecution and is more Rights and Responsibilities Act 2006: circumscribed in its application. The new section 128 will apply to six offences under the act: sections 48(2), 93(3), In accordance with section 28 of the Charter of Human Rights 126(1), 126(2), 126(3) and 137 of the act. These sections are and Responsibilities Act 2006 (charter act), I make this central to the regulatory regime for controlling land use and statement of compatibility with respect to the Planning and development in Victoria. Environment Amendment (Growth Areas Authority and Miscellaneous) Bill 2013 (bill). On this basis, I consider that clause 17 of the bill engages but does not limit section 25(1) and is compatible with the charter In my opinion, the Planning and Environment Amendment act. (Growth Areas Authority and Miscellaneous) Bill 2013, as introduced to the Legislative Assembly, is compatible with Conclusion the human rights protected by the charter act. I consider that the bill is compatible with the charter act Overview of bill because it does not limit human rights protected by the charter act. The bill amends the Planning and Environment Act 1987 (act) to enable growth areas to be declared anywhere in Robert Clark, MP Victoria, to expand the functions of the Growth Areas Attorney-General Authority, to make further provision in relation to the criminal liability of officers of bodies corporate and make Second reading other operational improvements to the act. Mr CLARK (Attorney-General) — I move: The amendments relating to the criminal liability of officers of bodies corporate will implement one of Victoria’s That this bill be now read a second time. commitments under the Council of Australian Governments (COAG) national partnership agreement to deliver a seamless The Growth Areas Authority was established in 2006 to national economy 2008. The aim of this reform is to ensure plan and coordinate the strategic release of urban land that provisions imposing criminal liability on officers of bodies corporate for corporate offending are appropriate in Melbourne’s growth areas and provide the having regard to the regulatory objectives of the act and to the government with long-term advice on growth area nature of the offences. infrastructure needs. Since then, the Growth Areas Authority has played a key role in streamlining the The bill is consistent with reforms to directors liability provisions in the Statute Law Amendment (Directors’ planning, approval and delivery of new development in Liability) Bill 2012, as introduced to the Legislative Melbourne’s growth areas and coordinating Assembly in December 2012. The bill does not amend infrastructure provision. existing offences or existing penalties in the act. Instead, it sets out in what circumstances an officer may be held liable The Growth Areas Authority has built up considerable for the commission of an offence by a body corporate and skills and expertise in preparing strategic land use plans applies a type 1 model liability provision in the act. Under a type 1 provision, an officer is liable where he or she failed to and improving planning processes to reduce costs and exercise due diligence to prevent the offending conduct by the inefficiencies for developers and local government. The body corporate. government and municipal councils could use these skills and expertise to progress and streamline planning in areas outside Melbourne’s growth areas. However,

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under the existing legislation, the capacity for the The bill does not remove or change the planning Growth Areas Authority to operate in other parts of powers and responsibilities of municipal councils. Victoria is limited. Instead, it enables the minister to support the work of councils by making additional planning skills and This bill amends the Planning and Environment Act resources available to them. The aim is for the Growth 1987 (act) to enable growth areas to be declared Areas Authority to work in partnership with councils, to anywhere in Victoria and to expand the functions of the provide advice requested by councils. Growth Areas Authority. The amendments will give the Minister for Planning the flexibility to seek advice and The bill does not change the areas affected by the recommendations from the Growth Areas Authority on growth areas infrastructure contribution (GAIC) matters relating to any land in Victoria. The minister scheme. That scheme is designed to apply only to will also be able to direct the Growth Areas Authority growth areas within Melbourne’s seven growth area to provide advice directly to any municipal council in councils. Clause 7 of the bill inserts a definition of Victoria. growth area in part 9B of the act to ensure the application of the GAIC scheme does not change. The bill has two other components. It reforms a provision in the act that imposes criminal liability on Division 2 of part 2 of the bill amends the act so that the directors and officers of a body corporate for offences person or body nominated in a planning scheme as the committed by that body corporate under that act. The responsible authority for the scheme becomes reform complements the package of reforms to responsible for administering and enforcing any directors liability provisions in the Statute Law planning permit issued by the Minister for Planning at Amendment (Directors’ Liability) Bill 2012, as the end of a ‘called in’ proceeding. As is the case now, introduced to the Legislative Assembly in December the minister will continue to be responsible for 2012. The other component of the bill relates to the administering certain aspects of these permits. administration and enforcement of planning permits issued under division 6 of part 4 of the act. Division 3 of part 2 of the bill reforms a provision relating to the criminal liability of officers of a body I will now turn to the bill. corporate for offences committed by that body corporate under the act. The existing liability provision Division 1 of part 2 of the bill enables a growth area to applies to all offences under the act and places the legal be declared anywhere in Victoria. As is the case now, onus of proof on the officer. Clause 17 of the bill the Minister for Planning will decide whether an area replaces this with a type 1 model directors’ liability should be a declared growth area. provision. Under a type 1 provision, an officer’s liability arises from a failure to exercise due diligence The Growth Areas Authority will continue to focus on and it requires the prosecution to prove that the officer growth areas within Melbourne’s seven growth area failed to exercise due diligence to prevent the councils, which are Cardinia, Casey, Hume, Melton, commission of the offence by the body corporate. The Mitchell, Whittlesea and Wyndham. However, the amended provision is consistent with guidelines Growth Areas Authority could be directed by the approved by the Council of Australian Governments for minister to undertake work in other parts of Victoria directors’ liability and it is appropriately targeted to six that are experiencing growth and would benefit from its offences under the act. skills and expertise. Overall, this bill will improve the operation of the act, Once an area is declared a growth area, the Growth enable the skills and expertise of the Growth Areas Areas Authority may perform the functions set out in Authority to be utilised more widely and ensure that the section 46AS of the act. One of its primary functions is imposition of criminal liability on directors and officers to advise the minister on the planning, use, of bodies corporate is targeted appropriately to the development and protection of land in growth areas. offences concerned. Clause 6 of the bill expands the functions of the Growth Areas Authority so that it may give advice to the This bill continues to lay out a vision for Victoria’s minister or a municipal council on any matter relating economic future, and continues to secure Victoria’s to land in Victoria or an objective of planning in position as not just a leading state, but as a regional Victoria. The matter could relate to the planning of an economic centre by accelerating planning reforms to existing or proposed growth area or it could relate to increase certainty for councils, businesses and the other land. Victorian community.

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Victoria’s regional cities offer cost and lifestyle benefits To offset these areas being lost from the national park for our growing population. Planning policy needs to the bill provides for the addition into the national park support the provision of flexible land use and economic of an 11.9-hectare area which currently sits within the adaptability in order to manage Victoria’s population resort area. This is an area on the northern slopes of growth for the long term. Mount McKay, which has been identified as containing snow gum woodlands and as being a suitable habitat for This bill advances the government’s vision for Victoria the endangered alpine water skink. I am sure there are by ensuring there is planning for future regional many members of this house who are interested in growth, provision of infrastructure and, importantly, finding out what the alpine water skink is. What I bringing land supply and affordability into the market would say at this stage is that the skink is very much place. endangered and opportunities to protect it are critical. I know that the member for Williamstown, who will be I commend the bill to the house. speaking later on the bill, is a big advocate for and I Debate adjourned on motion of Mr MADDEN would even say fan of the alpine water skink, and I am (Essendon). sure he will speak in detail about the skink later on in this debate. Debate adjourned to Wednesday, 20 March. One critical issue in relation to the skink is that reports ALPINE RESORTS AND NATIONAL that were done by the minister’s own department, the Department of Sustainability and Environment (DSE), PARKS ACTS AMENDMENT BILL 2013 show clearly that the key impact on the species and the Second reading key threat to the alpine water skink’s survival is cattle grazing and trampling. In fact that report, which is Debate resumed from 20 February; motion of freely available on the Department of Sustainability and Mr R. SMITH (Minister for Environment and Environment’s website, makes it clear that one of the Climate Change). major conservation measures needed to protect the alpine water skink is the exclusion from its habitat of Ms NEVILLE (Bellarine) — I rise today to speak degrading processes such as cattle grazing. Is that not on the Alpine Resorts and National Parks Acts ironic? I will come back to talk a little bit more about Amendment Bill 2013. The opposition will not be the irony behind the emphasis the minister has placed opposing this bill, but given the government’s record on protecting the skink in this bill, given the other when it comes to the environment and the management policy directions of this government when it comes to of national parks in this state, there are some areas that cattle grazing. leave us with significant concerns. I will come back to touch on those shortly. The addition of these two areas to the Falls Creek alpine resort, which the bill provides for, has been long The bill amends both the National Parks Act 1975 and supported by the resort board as providing greater the Alpine Resorts Act 1983. It provides for opportunity to enhance the range of recreational 9.6 hectares of land currently in the Alpine National activities that can be provided, especially during the Park to be excised and added to the Falls Creek alpine slower summer months. Falls Creek chief executive resort. This area is on the northern foreshore of the David Herman told the Age two weeks ago, after the Rocky Valley Storage and is the site that was used in bill was introduced into this Parliament, that the the construction of the Rocky Valley Dam. The area is redrawn boundaries were ‘a win for the environment considered to be in poor condition due to its previous and for the resort’. Of course we do not know what the use. The bill also provides for two other areas, of about plans are for the new resort areas that are being half a hectare each, to be added to the Falls Creek included, and I will come back to talk more about that alpine resort. The first is an area in Sun Valley which issue. currently is used for the resort’s snow-grooming facilities. The other area is at Howmans Gap, and it One of the concerns the opposition has about this bill is currently contains the resort’s snow-clearing base. Both the lack of consultation that has gone into developing these areas will be removed from the Alpine National and identifying these boundary changes. Making Park and added to the Falls Creek alpine resort area. changes of this kind to one of our most loved national These areas have been identified as largely disturbed parks is a serious decision, and it is one that many and degraded and as being already utilised by the resort. organisations and communities would have been interested in being involved in. Making changes of this kind should require broad consultation, and in the case

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of this bill only a very limited number of organisations deal of confidence about the government’s underlying were engaged in the consultation process. As I motivation and plans. understand it, even with Parks Victoria, the park management authority, there was only very limited This is even more concerning when we reflect on the consultation. Given the government’s record on the decision the minister made last November to enable a environment and national park management, this lack private takeover of another alpine resort, the Lake of consultation is of serious concern and shows again a Mountain Alpine Resort. Members will recall that lack of understanding of the value Victorians place on taxpayers have contributed significantly to that resort, our national parks. including very recently to its rebuilding after the Black Saturday bushfires. In fact $15 million was contributed, The minister in his second-reading speech justified and at the time the Deputy Premier said the resort was these changes on the basis that the resort wants to ‘nothing less than magnificent’. Last year the Minister increase its recreational opportunities and profile, for Environment and Climate Change appointed a especially during summer. I think that is good private company, Belgravia Leisure, to take over the management. I think it is good that the resort has been day-to-day management of the resort. The government looking for opportunities to increase access and use of has indicated that after 12 months it will put it out to these very significant areas. However, then the minister tender. went on in the speech to say that this is in line with the government’s wish to facilitate investment, use and So we now see private involvement in the running of an enjoyment of Victoria’s alpine resort. Again, that does alpine resort. The likely outcome for this to be a not seem unreasonable, except if we dig a little bit privately viable operation is that the government will further. need to allow some massive inappropriate development as part of the resort and/or increase the cost of the Firstly, the minister is unable to tell us if there are any resort. This is likely to have a massive impact on particular plans that have been developed to facilitate Victorian families, who will be priced out of an development, especially around the Rocky Valley affordable skiing holiday. Skiing is not a cheap exercise Storage area that has come into the resort area, and if at the best of times, but it is an experience that most so, what those plans might be. Is this just to facilitate families want to ensure that their children have. Of more mountain bike riding, more altitude training and course with this decision, it is now likely to be out of lake events, as the minister stated in the Age of the reach of most Victorian families. 21 February, or is it basically, as the member for Benalla was quoted as saying in the Border Mail of Is this the fate that awaits the Falls Creek alpine resort? 22 February: Will the government transfer some land that makes it more valuable, create new opportunities and then move … the opportunity for private investment partnerships to to privatise this resort too? The minister might try to develop the foreshore …? point to his glowing comments in the second-reading Private investment? I thought this bill was all about speech about what a special role alpine resorts play in enabling the resort board to expand its activities and providing access to opportunities such as skiing, snow encourage more Victorians to visit the area during the play and nature-based tourism. Clearly this speech summer period. These comments by the minister in his reflects more the view of his department than his own second-reading speech and by the member for Benalla view. read as if there is some potential for major private We need to look at what the minister said in this house investment. I am not sure that that is going to be in on 24 October last year when asked a question about mountain bike tracks. It is perhaps more likely to be in the Lake Mountain Alpine Resort. At the time he some inappropriate large-scale accommodation options. responded by saying, ‘The Lake Mountain Alpine Of course within the government’s discussion about Resort has been a drain on the Victorian taxpayer’. private investment in national parks, a policy which it Lake Mountain is in fact Victoria’s most affordable announced last year, there has been no real discussion alpine resort and the closest to Melbourne, and it has about what processes and entities are going to be enabled many generations of Victorian children to involved, what opportunities there will be for the experience the snow. community to have input, and what is and is not All the resorts are governed by the Alpine Resorts Act, appropriate in terms of private investment and one of the key priorities of which is to ensure that development in national parks. Given the government resorts are accessible for the use of all sections of has not even consulted about these changes that are community. Pricing the community out of access, before the house today, one is not filled with a great

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privatising the management of those resorts and putting In addition to that, what a shambles that policy has profit ahead of access will not benefit Victorians and is been. Clearly government members have no not in keeping with the spirit of the act. The minister understanding of the important values of the Alpine needs to take the opportunity during this debate on the National Park. They once again relied upon bill — perhaps in summing up — to reassure Victorians pseudoscience, which unfortunately we have seen in a that this is not the plan for the Falls Creek area and not number of decisions by this government, including the the driving force behind the amendments that members recent change to legislation on climate change. The are debating today, although I am not even sure that government ploughed ahead, ignoring the fact that that that would reassure Victorians, given the record so far decision would require approval under the federal of this government when it comes to national park legislation. The federal Minister for Sustainability, management. Environment, Water, Population and Communities, using his powers under federal law, put an end to the We can see exactly what this government thinks of cattle grazing, stating that after advice he had national parks when we look at one of the first determined that an alpine grazing trial of that nature decisions it made after being elected — that is, the was not acceptable under the National Environment decision to reintroduce cattle into the Alpine National Law. Park. Apparently government members, including the Minister for Environment and Climate Change, think That did not stop the minister, who, with the help of national parks are in fact paddocks. Despite the fact that thousands of dollars of taxpayers money, took the when we were in government the Parliament passed commonwealth ban to the Federal Court. Surprise, legislation, which the Liberal Party supported, to ban surprise! The court found against Victoria. It accepted cattle grazing, despite the evidence of the damage the that the commonwealth has powers to intervene and cattle did and despite the evidence that cattle grazing rejected the Victorian government’s interpretation of does not decrease fire risk and that some research national law, and of course Victorians have also had to shows that it may increase it, the government went pay the legal costs of that action. What a waste of ahead with its so-called trial to assess whether cattle money, when it was always clear that the grazing would reduce the risk of bushfires. commonwealth had those powers. We had this government undertaking another stunt, but in that case As I mentioned previously, the irony of this bill is that, it was one that cost Victorians many thousands of while the minister desires to assist the endangered dollars. Now we are awaiting the minister’s next step alpine water skink, his own department has pointed out with interest. He has gone silent after saying he would that the biggest risk to the skink is in fact cattle grazing. assess the next steps. We have the minister on the one hand doing all he can to reintroduce cattle grazing and on the other trying to At the time of the Federal Court decision, the minister claim he wants to protect the endangered alpine water was quoted in the Age of 5 January as having said: skink. Clearly the minister is not across his own brief, and the second-reading speech and this bill are more What we should be permitted to do is to be left to manage our own estate as we see fit … reflective of departmental officers and their commitment to the environment than the minister’s. Thank goodness that is not the case. Thank goodness there are checks provided under the National Cattle grazing in the Alpine National Park was really Environment Law, because we know how this about appeasing a small group of people who believed government sees fit to manage national parks. Let us they had an entitlement to cheap agistment in the hope that sense prevails on this issue and that what national park. This was all about paying back a small happened then is not a reflection of this government’s group of people who were big contributors to both The intention in relation to the Falls Creek alpine resort. Nationals and the Liberal Party in the lead-up to the last election. The Australian Electoral Commission website It is not just that decision that reflects the government’s shows clearly that in September 2010 the Mountain poor attitude and understanding when it comes to our Cattlemen’s Association of Victoria contributed public parks. Let us look at another decision — that is, $30 000 to the Liberal Party and $20 000 to The to continue to allow collection of firewood in the Nationals. That was not a bad contribution, and the Barmah and Gunbower national parks. That practice thanks it got was the go-ahead for this trial with was due to be phased out as part of the establishment of 400 cattle. Clearly not enough donations are being the new national parks, but this government went ahead received from alpine water skink supporters in our and extended the collection period. Not only did the community! government do that in conjunction with its no-permit policy on the collection of firewood in Victoria’s parks,

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but we have seen a free-for-all approach to firewood debacle. Putting aside the policy issues and putting collection in the Barmah National Park. That approach aside the fact that the proposal that was actually put in is hurting local communities. It has been so bad that the front of the Victorian people involved a lot more than government has had to put in place new regulations ecological thinning, the minister has moved ahead, limiting collection to people who live in areas with ignoring the fact that there are national laws that apply certain postcodes. in this area. And again in this case the federal minister has had to step in and require a public report process to This debacle continues more broadly with the changes occur before any of this can be allowed to be around firewood collection and the removal of the undertaken. The final decision about whether ecological permit system. Members might recall that the minister thinning will be allowed will rest with the federal announced the removal of permits. This caused minister. As I said before, thank goodness we have the confusion because at the time people thought this also oversight and the checks and balances that the federal related to roadsides. That was quickly stamped on legislation provides. because it did not relate to roadsides. Then the minister realised that the firewood permit system was This government is the first in decades to take entrenched in various pieces of legislation, so significant steps backwards when it comes to the eventually last year he brought to the Parliament environment. Leading into the election the government legislation to remove the permit system that had been claimed that one of its top 10 priorities in ‘fixing the operating in Victoria under various governments since problems’ was the area of the environment. In fact I 1958. But of course, despite the warnings to the think the words ‘a clean environment’ were used. I am minister, both in this house and also from various not sure how that fits with the government’s actions so community members, a free-for-all has occurred. far, such as removing Victoria’s carbon emissions target or moving away from any real commitment to The minister has now had to put in place even more alternative energy sources, like wind farms. The fact regulations to try to control the amount of wood and that this government failed to have an environment who can collect it. This is unlikely to work, given that policy at the last election — despite the then shadow the job cuts in Parks Victoria and the Department of minister, the member for Doncaster, promising Sustainability and Environment (DSE) will also mean everyone right up until the day before the election that there is nobody on the ground who is capable of it was coming — and the fact that one has not monitoring the collection of firewood. In fact the cuts to eventuated since then have made us all very sceptical staffing numbers in DSE and Parks Victoria put in about the government’s commitment to the question the government’s ability to appropriately environment, but little did we know how far down its manage our national parks. Even the new section of priority list the environment would actually fall. land being added to national park by this bill, which is welcomed, needs to be managed by Parks Victoria. This government seems determined not only to not do Given the cuts to jobs, it is unlikely that it will be able anything in this space but to actually undermine to manage our national parks appropriately. Any areas significant protections that had been put in place by like this that are being added to national parks will put previous governments. It also seems determined to greater pressure on very limited staff numbers. In ensure that the minister for the environment, who is addition to this, the last state budget also saw a major supposedly the minister for climate change as well, has cut to funding right across environmental programs and little power and little say over the environmental issues services. In fact $130 million of funding was cut in confronting this state — except, of course, in the area of areas like land management, biodiversity and the waste management or in relation to the Melbourne Zoo. management of our parks and forests. These cuts just Although even there I note that when it comes to toilet reinforce the view that this government does not care paper, the Minister for Agriculture and Food Security about our environment and that it certainly is not still steps in and overrides the policy of one of the committed to our national parks. agencies that sits within the responsibilities of the minister for the environment. We have also seen the recent decision in relation to what is called the ‘ecological thinning’ of river red As I said, we are not opposing this legislation. On the gums in the Barmah National Park. The government face of it, it is a potentially good outcome; however, we went out and announced a tender for this so-called do not trust this government, and we certainly do not ecological thinning. If you actually have a look at the trust this minister in relation to the government’s extent of what was proposed, you would have to think underlying intentions and the future for the Falls Creek that it was closer to pseudo-logging in national parks. alpine resort. Despite what those opposite might think, Again this minister has got it wrong. This is another Victorians overwhelmingly love our national parks and

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want governments to do more to protect their natural implementation. We have noted some problems, and values and ensure access for ordinary Victorians. Only we are in the process of addressing those. We are an about 18 per cent of our land in Victoria is part of a action government; we are out there fixing the national park or conservation reserve, which is really a problems, and it is interesting to hear the criticisms very small part of the total land mass in our state. It is levelled at us by a member of the opposition who was every government’s responsibility to ensure the part of the former government. protection and enhancement of those areas for the benefit of all Victorians, now and into the future. The alpine resort of Falls Creek is in my electorate, as are the alpine resorts of Mount Hotham, Mount Buller, Unfortunately this government is failing in that Mount Stirling and, interestingly, Lake Mountain. I also responsibility, and it is failing Victorians. It promised to have Dinner Plain in my electorate. I therefore have a fix the environment, and I think Victorians thought that very strong interest in the alpine resorts. In the case of that meant it would make improvements, ensure the Falls Creek, I am a regular participant in the Kangaroo long-term protection of our natural assets and protect Hoppet — or the joey version of that cross-country ski the endangered alpine water skink, not that it would event, which is an international event and attracts privatise alpine resorts or make our national parks cow thousands of people to the area. In fact we ski very paddocks. This government’s record is poor when it close to the area that is covered by the bill. comes to the environment, and Victorians are justified in being sceptical about its intentions when it comes to Mr Wells — Just the short version. national parks and alpine resorts. Dr SYKES — The Treasurer has interrupted. Yes, I Dr SYKES (Benalla) — I rise to contribute to the confess to doing the joey, which is the short version — debate on the Alpine Resorts and National Parks Acts the 7 kilometre event — but I do it twice, just to punish Amendment Bill 2013. I am pleased to learn that the myself. Labor opposition does not oppose this bill, although if you listened to the presentation by the lead speaker, the Measures being implemented by this bill relate to a member for Bellarine, you might have wondered significantly disturbed parcel of land of about whether it was supporting or opposing it. This bill is 9 hectares adjoining Rocky Valley Dam being transferred from the national park into the alpine resort. another example of a common-sense approach to addressing a problem that existed with land tenure, in We also have a small chunk of land in Sun Valley, this case in the alpine resorts. It is going to result in a which is currently used to store the resort’s equipment, reduction of red tape, and we are going to end up with a and that is being transferred from the national park into win-win outcome for the environment, for Victorian, the alpine resort. We also have another small chunk of land at Howmans Gap, and when you look at that national and international visitors, for local economies and for the Victorian economy. chunk on your map you will see it is just logical that that be transferred. The offset for about 10 hectares of It was interesting that in raising her concerns the land that is significantly disturbed is that there is going member for Bellarine spent a relatively small amount of to be nearly 12 hectares of good habitat land, as the time on the bill per se and a lot of time on some member for Bellarine noted, going from the alpine spurious arguments about the concern that allowing resort to the national park. private investment, which is what occurs in alpine resorts, would price families out of enjoying our alpine Another point is that the member for Bellarine raised resorts. That is in complete contrast with how the spurious concerns about the potential negative impact on the environment of these measures. I am sure that federal government and the federal Minister for Tourism, Martin Ferguson, view the opening up of both the member for Bellarine knows that any construction alpine resorts and national parks — and I will come or activity in an alpine resort is subject to very strict back to that. requirements, including the Victorian planning legislation — and I am sure that the former planning The member for Bellarine also spent some time on the minister, the member for Essendon, who is at the table, mountain cattle issue and the collection of firewood. would be aware of those strict planning We on this side of the house have acted on these requirements — as well as those of other state and matters, and in relation to firewood we were prepared federal legislation which protect the wellbeing of our to get in there and do something rather than sit on our alpine resorts. Those of us who have visited our alpine hands and do nothing. As a result of our approach to — resorts will have seen that they are well protected. The in this case — the collection of firewood, we have biggest threats to them are the megafires that have gone identified some issues. We have monitored relevant through over the last decade, and one of the reasons

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behind such megafires going through is the failure of part of the world. Martin Ferguson made a point of the previous government, during its 10 years in saying that we want people to come in and enjoy the government, to address the fuel reduction strategy natural beauty, and to do that we need to put in place which was recommended by the royal commission and infrastructure that attracts a broader range of people — which we have proceeded to carry out. We are doing not just the spartans like the member for Scoresby, who our darndest to protect the environment; we are not can go out there and rough it. This is about putting in engaging in ideological arguments that lack substance. place infrastructure that more people will feel comfortable enjoying, so they can do the hard yards In relation to the future use of the land — and again during the day and then can enjoy the benefits of good there was scaremongering floated by the member for accommodation or other things during the evening. I Bellarine — I understand that in the Rocky Valley Dam rarely sing the praises of the federal Labor government, area this bill will enable some responsibly constructed but today I will sing its praises because it gets it in infrastructure to be put in place to enable greater relation to encouraging regional tourism, whereas the participation in events on the water, such as dragon boat state Labor opposition has clearly indicated that it does racing, and also to facilitate the further development of not get it. water sports altitude training. This is part of a master plan for the Falls Creek alpine resort; it involves the In summary, this bill is a common-sense piece of provision of further altitude training opportunities to legislation. It provides for the transfer of significantly grow the resort’s non-snow-season activity. disturbed land from the national park into the alpine resorts to enable greater utilisation of the alpine resorts In terms of something those on the other side and encourage more and more people to come to our particularly make a point of, in the event we are moving area, which will inject more money into our economy towards climate change, we need to broaden the appeal and result in greater enjoyment. There will also be a and the all-season use of our alpine resorts, and the shift significant environmental benefit. This is another towards an altitude training complex would be a example of the coalition government getting on with significant benefit. We already have the Geelong the job, fixing the mess and making things better for all Football Club and the Melbourne Rebels going up to Victorians and the environment. Falls Creek to do altitude training. I think some of the cross-country runners and middle to long distance Mr MADDEN (Essendon) — I rise to make a runners are training there too. This is something that concise contribution to the debate on the Alpine Resorts has had a start — that has a toehold — and with and National Parks Acts Amendment Bill 2013. There responsible development we can really grow that. It is are a number of issues I want to touch on, but going to benefit our local economy, because there will predominantly I want to touch on the events that have be lots of people coming, with both athletes and support occurred over many, many years, particularly in the staff. There will also be other people coming along to Falls Creek resort, and the great success of those events. enjoy the area, whether they be Victorians, people from Obviously there is an anticipated opportunity on the elsewhere in Australia or international visitors. basis of the land exchange, but what that is we cannot be completely sure of because it has not been revealed It really is a no-brainer that with the responsible by the government at this point in time. I know that my development that will be enabled by this transfer of colleague the member for Bellarine has mentioned her land we will have an injection of income into our concern and expressed some degree of scepticism about economy, and there will be greater habitat opportunity what that might mean in future for the area around the for a number of species, including the alpine water Rocky Valley Lake and for the Sun Valley up around skink. Interestingly, in spite of the reservations raised Falls Creek. I think that is worthy scepticism on her by the member for Bellarine, when I was in the part. company of the federal Minister for Tourism, Martin Ferguson, just recently we jointly acknowledged the However, I would hope that whatever opportunities nearly $1 million upgrade of facilities on the walking there are for development, in any form — and I suspect track between Mount Hotham and Falls Creek, which I that will be the case — do not degrade in any way the know the member for Scoresby has walked on a great things that happen at Falls Creek. Many tourism number of occasions. events occur there and have continued to occur there over many years. Part of that has been, as the previous We also flagged that there is potential benefit in further speaker mentioned, altitude training and the summer development. If a business case gets up, there may be sports events that are held there. But the event I want to another $6 million worth of investment aimed at particularly concentrate on is the Kangaroo Hoppet, encouraging people to come and enjoy this beautiful which has been a great success over many years.

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I think the event was first established in 1991. For those mentioned whose athletes participate in the Kangaroo who may not be aware of it, the Kangaroo Hoppet is a Hoppet, footage of our ski fields at Falls Creek goes out 42-kilometre event which, whether or not you are an to a considerable part of Europe and those images are athlete of any sort, is quite a spectacular event to watch. relayed to sports fanatics on various sporting channels It is spectacular in the sense that you see people from around the world. around the world compete in a cross-country skiing event. In my former role as sports minister I had the That has to be great value for money in terms of not opportunity to witness the event a number of times, as only promoting Victoria as a place for tourists to come well as to start the event and give awards for the event. to but also highlighting to people around the world that Australia, particularly Victoria, has many more One cannot help being impressed by what a attractions than just the traditional clichéd images that magnificent event it is. In a sense it is the equivalent of people tend to think about when they think of Australia. a marathon, but it is a marathon for cross-country I suppose we have all had experiences of meeting skiing. Those who excel at the sport are athletes of internationals, either here or overseas, who have a extraordinary ability. They are a bit like marathon series of images that they tend to characterise as runners in that they are lean, fit and have incredible Australian. They might be of the Sydney Harbour capacity. What is particularly impressive is that they not Bridge, the lifeguards, the beaches, the bush, or the only need to have great endurance and be considerably kangaroos or koalas; they are relatively clichéd. This is conditioned and fit but they also need to have a fair an opportunity to extend their understanding of what degree of strength. In their physical build they tend to Australia offers over and above sharks, koalas, have a longer body shape in order to gain advantage penguins and the like. across the slopes and be able to get through the cross-country course. Until I had seen cross-country That is not only of great value to the tourism industry in skiing close up I had not imagined how difficult it is, Australia but it also provides a great experience for particularly when people have to ski uphill or up an people from all over the world who involve themselves incline. Seeing that, you realise what superb athletes the in this event. It is like what happens with the scheduled participants are. international running marathons that occur around the world, where often people want to attend a number of While that is impressive at one level, what is even more them in any one year because they develop a certain impressive is the fact that while the event is probably degree of fitness. They do not want to lose that fitness, little known to the vast majority of Victorians, it is one and having succeeded in participating in one or two of of the premium international events that is held in our the events, they feel they would like to take up the regional areas. It is a spectacular event because, whilst opportunity elsewhere. The Kangaroo Hoppet provides it is called the Kangaroo Hoppet, it is really part of the that opportunity for people from all over the world. calendar of what are known as Worldloppet events that take place around the world. These events take place That does not come about just because the event is predominantly in Europe but also in the US and there, because people are interested in sport or because Canada. I will go through the list of countries: Russia; of the resort itself; it comes about because there is a Switzerland; Norway; Poland; Sweden; Finland; as I significant number of volunteers, people who have been said, the USA and Canada; France; Japan; Germany; dedicated for a very long time to providing the event. Italy; and I think Austria, Czechoslovakia and Estonia. Prior to 1991 they put in an enormous amount of work It is an opportunity to attract people from around the in convincing the international body to endorse such an world outside the European ski season and get them event and to turn it into the great success that it is. We here to the Southern Hemisphere and have them skiing have a wonderful alpine resort, we have a wonderful in Australia. natural asset, we have a wonderful national park that surrounds it and we have fantastic facilities. A lot of these people do not know that there is a lot of snow in Australia. What they see of Australia on Falls Creek has often been referred to me as being a television are the traditional images of the Sydney great family resort. The critical issue is that it is a little Harbour, Uluru, deserts and bushland, and often they do bit further away from Melbourne than some of the other not appreciate the beautiful snowfields that we have, resorts. It has to have a certain appeal and a point of particularly here in Victoria, and their proximity to all difference. Falls Creek provides that through the likes the other attractions, particularly Melbourne. It is a of sports training. It is particularly family friendly, and great opportunity to showcase the natural assets of not all sorts of skiing can be done there. The ski runs range only Australia but Victoria in particular to the rest of from Wombats Ramble for beginners to the most the world. Given the list of countries that I have complex types of skiing. Falls Creek provides those

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who travel there out of the ski season with great used as a national park, but it sits within the national opportunities to enjoy the national park and surrounds park at the moment. There are also some other and to do a bit of mountain bike riding. I know some structures on that land which will be taken out of the mountain bike championships have been held there national park and added to the resort. over a number of years. I hope the opportunities increase for things like altitude training. Falls Creek Mr Noonan — Acting Speaker, I draw your may not be at the altitude of some of the international attention to the state of the house. I think a quorum is destinations, but for sports clubs, particularly subelite required. sports clubs that cannot afford to invest in overseas travel, it is a great alternative. Mr Crisp — On a point of order, Acting Speaker, I draw your attention to chapter 23 in Rulings from the I hope any development at Falls Creek is done well, Chair, which goes to the Chair’s discretion as to particularly on Rocky Valley Lake, that good design is whether to call for a quorum. My second point is that a key part of any consideration and that opportunities to previously today it has been demonstrated that there is a increase tourism are the key drivers for any potential quorum in the precincts of the building. Chapter 23 development. As my colleague has mentioned, there is states: a fair degree of scepticism on this side as to how the On a point of order whether the provision of the Constitution government will or may achieve that, given its previous Act 1975, section 40(1) that enables the house to commence form. We have only to think back to the sort of its proceedings on any sitting day has been complied with, the privatised development that was offered recently at Speaker ruled there was clearly a quorum present at an earlier Phillip Island or prior to us coming into government in stage in the proceedings and that there is a quorum within the precincts of the building. 1999, and what a failure that was. I ask you to consider those issues before calling for a The ACTING SPEAKER (Mr Weller) — Order! quorum. The member’s time has expired. The ACTING SPEAKER (Mr Weller) — Order! I Mrs VICTORIA (Bayswater) — It gives me great use my discretion to say that we are not going to ring pleasure to be able to speak on the Alpine Resorts and the bells as I believe a quorum was established earlier National Parks Acts Amendment Bill 2013. We need to in the day. pass legislation in the chamber rather than make adjustments to the regulations, so that is what we are Mrs VICTORIA — I was talking about the Sun setting about doing. The bill makes some major Valley land, which, as I said, is already being used for changes, which I will go through in a moment. The snow-grooming facilities and has buildings on it. That boundary of the Alpine National Park is set out in land is going to be taken from the Alpine National Park part 37 of schedule 2 to the National Parks Act 1975. and put into the resort. There is also the Howmans Gap Any changes to the boundary or description of the land, which is only 0.25 hectares in area — we are national park require us to amend the act, and that is the talking about very small parcels of land — and is where reason for the bill before us today. the resort’s snow-clearing base is located. It is also part of a government road, so changing the status of that The bill alters the boundaries of the Falls Creek alpine land is a logical thing to do. In return the bill gives resort and the Alpine National Park. Falls Creek is one 11.9 hectares of land belonging to the alpine resort to of the great alpine resorts. There are quite a few reasons the national park, which is a really good trade. We are why we are making these amendments, which I will go calling that land the park addition land. This is a good through one by one. The alpine resort and the national initiative which will not impact on how the resort park will both benefit from the trade of the land conducts itself in the future. The resort will remain as it proposed in the bill. There are four areas involved in the is. However, it is important if we are taking land from land swap: the Rocky Valley land, the Sun Valley land, the national park that we give some back. The parcels the Howmans Gap land and the park addition land. A of land are more appropriate in each case to the use of total of 9.6 hectares will be taken from the national either the park or the resort. park, from the northern foreshore of the Rocky Valley Storage area, or the Rocky Valley land, and given to the The Alpine National Park is an expansive piece of land. alpine resort. This is a logical thing to do because of As a former photographer, I find it is one of my how the land is currently being used. The bill will also favourite places to go in summer and winter to take add two other areas to the alpine resort. The 0.4 hectare photographs. It is not only about the snow but also parcel that is the Sun Valley land contains the about what happens in these resorts off-season or in the snow-grooming facilities. Again the land is not being green season, as I think it is called. The park goes all

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the way from Central Gippsland right through to the sort of thing — it is all there. The Falls Creek resort, New South Wales border, where it abuts the which is the subject of this bill, is considered our largest Kosciuszko National Park. The park contains mountain resort and has the most reliable snow coverage here in peaks, beautiful escarpments and the high plains around Victoria. It was the subject of a biodiversity Mount Bogong. The area was made very famous by the management strategy (BMS), which was the first ever film The Man from Snowy River, and it is what a lot of management tool of its type undertaken by any people think Australia looks like. I think visitors are a Victorian public agency. The BMS comprehensively bit surprised when they come to a thoroughly modern identifies each ecological vegetation class contained in and very livable city like Melbourne, and especially the resort. during an event such as White Night they would not think of The Man from Snowy River. One of the things people will be able to do is enjoy the facilities at the resort all year round, and know that it is We have some of Victoria’s highest peaks in the Alpine in its rightful ownership area between the resort and the National Park — Mount Feathertop, Mount Bogong, park. It is a really good exchange of land, and I think it Mount Howitt — and the area is well known for its is a very logical step for us to take. As I have said, snowfields, but all of the resorts are trying very hard to 11.9 hectares of high conservation value land is going make sure that tourism is a viable industry for them all back into the Alpine National Park, and I know there year round. Obviously we have a very strong wild are many members in this house — though certainly flower season in that area, which attracts a lot of not on our side — who do not believe we know photographers and groups. Some of the areas are quite anything about the environment, conservation of land, close, so you can go for day trips and you get senior or things like that. However, I have to say that this is a citizens clubs and that sort of thing going around the very good step forward and something that we are area. incredibly proud of. In fact the CEO of Falls Creek Resort Management, David Herman, said: Although it is slightly out of the area, I was at Mount Baw Baw, and, speaking of White Night Melbourne, I The proposed bill is the culmination of considerable left White Night, had a couple of hours kip and then multi-agency cooperation supported by our cutting edge BMS. drove up to Mount Baw Baw the next day to help them launch a new arts and culture initiative. Again this is The minister has done something particularly good for about using one of our fabulous resorts in what is Victoria and Victorians, and we are keeping it within traditionally considered Victoria’s off-season, so it the letter of the law. I wish the bill a speedy passage. gives them an opportunity to bring in tourists all year round. One of the things that was being launched on the Mr LIM (Clayton) — I am pleased to rise to day was the ArchiBawBaw, which I thought was an contribute to the debate on the Alpine Resorts and incredibly good play on words. It was launched by the National Parks Acts Amendment Bill 2013. According wonderful Peter Biram, who is the leader of the to the minister in his second-reading speech the bill will environmental expressionism movement of artists. value add to the existing Falls Creek alpine resort by adding an area of 9.6 hectares to the area; therefore it Peter is conducting workshops for portrait painters who will significantly increase the resort and the will come up for the weekend, which again helps keep surrounding area’s potential for nature-based the staff on board. You have the restaurant working — ecotourism by presenting: a very fine restaurant, I have to say — and of course it also provides accommodation possibilities and income … an opportunity for the resort to build on what it currently for those who own the accommodation up there. But has to offer and to develop new recreational and tourism facilities on the lake edge to encourage visitor use throughout that is not all they are going to do. They are going to the year. This change of land status will provide certainty for arrange things like writers workshops, musical future planning and investment decisions. workshops and those sorts of things on weekends in the traditional off-season. I commend Mount Baw Baw and Having said that, the focus of my contribution to this its management board on taking this initiative and debate will be on the potential for tourism, and clearly saying there is so much more to the region than just the bill provides for the development of infrastructure snow. and facilities at the alpine resorts to attract tourism on a year-round basis, not just during the snow season. I Across the region it is not just about the arts, must admit that I share the concern that the member for unfortunately — I have to add that in. If you are into Bellarine brought to the attention of the chamber in an four-wheel driving, horseriding, canoeing, trail riding earlier contribution. However, in considering this bill and, for those who want it, altitude training — all that we probably know the minister forgot to mention that it

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is very much in keeping with the great work that the Mount Gambier before we stopped and I got to see the Labor government had already put in place during its Twelve Apostles for the first time in my life. That was watch as far as promoting and enhancing the only 10 years ago. I do not know how much sustainability of regional tourism is concerned. improvement there has been, but when we wanted to get closer to the Twelve Apostles I was taken on a I note that the member for Dandenong, who is a former fishing boat and had to sit on a chopping board. Just Minister for Tourism in this great state, is in the imagine international tourists who have come from all chamber, and he is one of the best ministers that this around the world being asked to sit on a chopping state has produced. I would also like to mention his board in a fishing boat to get closer, and without any successor, the former member for Lyndhurst, because it commentary or any other assistance. We had to stay was under their watch that I was given the task of there overnight, and the bed — — co-chairing, with the former member for Seymour, Ben Hardman, the Government Friends of Tourism. This Honourable members interjecting. was a group of more than 20 metro and regional Labor MPs, who at that time were members of the former Mr LIM — I know, but it was just a miserable government and were committed to working diligently motel, which was not even of 3-star standard. I can to support the tourism industry in this great state. imagine the frustration of the tour organiser and the local tourism operators at not being able to rise to the It was evident from our work — in particular with challenges. national tourism leaders like the Tourism and Transport Forum, a national peak body of the top 200 companies The purpose of this bill is to encourage nature-based in this country, and the Tourism Alliance, another top tourism — ecotourism. It would be remiss of me not to national tourism service provider — that the add that in my capacity as the special adviser to former government cannot take tourism for granted. To premiers Bracks and Brumby I had occasion to consult maintain and sustain this $15 billion industry, the numerous Chinese tour operators in Melbourne as well government needs to have vision and leadership. That as our Victorian government business offices in Hong leadership was given by the previous government under Kong, Nanjing and Shanghai. The message from them the two members I mentioned. As a legacy of their hard was loud and clear — unless we diversify our work, the 10-year tourism plan was produced, and it destinations in the ecotourism area with appropriate was our bible that we were able to have admired and supported infrastructure we are going to miss out big paid attention to around the country. time, as international competition for these new and emerging big-spending middle-class Chinese The industry stakeholders have pointed to the obvious international travellers — which, as I mentioned, lack of the infrastructure that is needed to support and numbered more than 60 million last year — is sustain the industry in the real sense into the future. One unrelenting, fierce and unforgiving. Their point is that it very consistent example that was given by the industry is not enough just to continue to wave the flag on our is the lack of international standard hotels to traditional destinations such as the penguin parade on accommodate the thousands of tourists travelling, for Phillip Island, the old Ballarat goldmining sites, the example, the length of the spectacular Great Ocean Great Ocean Road and the Twelve Apostles. New sites Road to enjoy the unique attraction of the Twelve need to be found and developed to their full capacity Apostles. The lack of hotels means tourists have to rush and existing sites need to be upgraded with new and back to Melbourne on back roads on the same day. This diverse attractions added on. is an unfortunate situation that is depriving the region of a huge opportunity in economic and related job I hope and trust that our alpine resorts will be accorded potential because we are not rising to the challenges of the attention and appropriate investment they deserve. making the most of this rapidly growing international This bill is a timely wake-up call for this government to visitation. rise to this international challenge in more profound, systematic and meaningful ways. Last year alone there were more than 60 million Chinese people travelling around the world, but only Mr McCURDY (Murray Valley) — I rise to make a 1 million came to this country. We have to ask contribution to the debate on the Alpine Resorts and ourselves why. There is something very wrong with the National Parks Acts Amendment Bill 2013. The area way we deal with tourism and the way we act towards covered by the bill is very close to my heart, although it these newly emerging big spenders in the tourism is not in my electorate. However, as many people industry. I can call on my own experience. I was know, Wangaratta is the gateway to the alpine region, travelling with my family from Adelaide through

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and certainly that region is a significant playground and Park, to the Falls Creek alpine resort. The area is a national park area for people in my electorate. relatively disturbed part of the park, mainly as a legacy of its role in the construction of Rocky Valley Dam as The main purpose of this bill is to amend the Alpine part of the Kiewa hydro-electric scheme. It has been a Resorts Act 1983, the Alpine Resorts (Management) long time since the hydro-electric scheme was built up Act 1997 and the National Parks Act 1975. It will do in those fine regions, but we remember back to when three things: excise two parcels of land from the Alpine they were built and what they offer Victoria today. This National Park and incorporate those parcels of land into bill will preserve those two existing leases over parts of the Falls Creek alpine resort; add a further parcel of the area that are associated with the Kiewa land to the Falls Creek alpine resort; and excise a parcel hydro-electric scheme. of land from the Falls Creek alpine resort and incorporate that land into the Alpine National Park. As I This area presents an opportunity for the resort to build said, Victoria’s alpine country is a magnificent place to on what it currently has to offer and to develop new experience some of the best outdoor recreation and recreational and tourism facilities on the edge of the nature-based tourism opportunities that we have in the lake to encourage visitor use throughout the year. This lovely state of Victoria. Our alpine resorts have a change of land status will provide certainty for future special role to play in providing access to these planning and investment decisions. As I said, in a opportunities, either in the resorts themselves for commercial situation one needs to look at how one can activities such as downhill skiing, snowboarding and get a return on one’s investment, and activities that take snow play, or as places from which visitors can venture place on a 12-monthly rolling basis are certainly better out to enjoy the adjoining national parks. than those on a shorter term, like a 3-month or 6-month time frame. The bill also adds two other areas, each of Our alpine resorts are increasingly being valued for approximately half a hectare, to the alpine resort. The what they can offer visitors all year round. The first of these small additions involves excising an area government wishes to further facilitate the appropriate from the national park in Sun Valley that contains part use and development of these resorts in order to of the resort’s snow-grooming facilities and some other increase visitation outside the snow season. If nothing structures. The second addition is in the Howmans Gap else, commercially it will be a far more practical area, where the resort’s snow-clearing base is located. outcome for those who want to visit the national parks This area is currently part of a government road, and and those areas, because if you get to use them all year prior to being added to the resort the land will be round commercial operations will be more viable and discontinued as a road under the Road Management people will not have to pay excessive amounts of Act 2004. money for a cup of coffee or some other basic commodity. As you know, Acting Speaker, being the The bill also provides an addition to the national park of avid skier that you are, once you go up to those alpine 11.9 hectares. This land is currently part of the alpine resort areas pricing is sometimes quite steep. That is resort and is situated on the northern slopes of Mount really because those areas are used for only five or six McKay. The Falls Creek biodiversity management months of the year and businesses need to recover their system has identified the land as suitably habitable for costs in that short period of time. the critically endangered alpine water skink. The land contains snow gum woodland that is suitable for In this context, the Falls Creek alpine resort is working addition to the park, and this addition will ensure that to increase its profile during the summer months by there is an overall increase in the area of national park. I promoting existing and emerging recreation activities am sure that the member for Benalla, who spoke earlier and tapping into new tourism markets. I mention that on this bill, would agree entirely that the maintenance just as the tourism minister comes into the chamber. of these areas is essential to our national parks and that She is a great supporter of tourism throughout all of our we must look after what we have got. But at times there regions and certainly in the Murray Valley electorate. is room for a bit of practicality to make sure that the Tourism operators in northern and north-eastern way in which we use this land, which sometimes Victoria are very grateful for the opportunities they get includes a need to add, subtract and make various and how well they are supported by this government. changes, results in a win for all concerned.

In line with the government’s wish to facilitate As I said, the bill is of particular interest to me, as investment in and use and enjoyment of Victoria’s Wangaratta and the nearby towns of Oxley and Milawa alpine resorts, this bill will add another 9.6 hectares on and their regions are the gateway to this alpine region. the northern foreshore of the Rocky Valley water With this bill the Falls Creek alpine resort will look to storage, which is currently part of the Alpine National expand its role as a high-altitude training centre with

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plans to add water frontage to the resort. We will be snow-making facilities and other activities that able to see the same type of high-altitude training that currently take place. goes on in other countries of the world. If nothing else, various sporting clubs will use the training centre as an The alpine resorts strategic plan of 2012 certainly opportunity to take advantage of the resort area and the highlights the potential use of the Rocky Valley land hills, and they can do their training there. for a multifunction lakeside facility, and the main objective of the strategic plan is to enhance the visitor About 10 acres of the national park, including land on experience and develop resorts. This strategic objective the shores of Rocky Valley Dam and a shed once used highlights winter as the driver of the economic and to train Antarctic explorers, will be added to this financial outcome but also notes the need for a carefully holding under the bill. The area is used extensively by targeted approach to be taken towards the green season. elite rowing squads, including national and state teams, I started my contribution speaking about that, and I will and has also had success in attracting sporting teams, end it on the same note. Commercial viability of these including the Geelong Football Club and the resorts is important. Their being available for use all Melbourne Rebels, as well as attracting national and year round and providing access to the national parks international cycling teams to train at the resort. Those and these facilities will be a great asset to this whole who spend as much time in Wangaratta as I do will see community. I commend the bill to the house. the amount of tourism that is generated through that region. Many sports participants will come through Mr PANDAZOPOULOS (Dandenong) — It is a Wangaratta to get up to that alpine region. Bike riders pleasure to speak on the Alpine Resorts and National are a huge part of the tourism industry statewide — Parks Acts Amendment Bill 2013, which Labor is not Australia wide now — and we benefit from being able opposing. Labor has a proud record of supporting not to offer the facilities we have. only national parks but also our alpine resorts. The changes proposed in this bill provide land swaps around These changes — the acquisition and the changing of the Rocky Valley Dam area, Sun Valley and Howmans the land boundaries — will make this a better Gap, replacing it with other high conservation value proposition. The bill in itself does not provide an ‘as of land on a slope of Mount McKay that will go into the right’ permission to develop the Rocky Valley land. It national park. I recall previous debates about changes the status of the land to enable appropriate use Mount McKay being included in the Alpine National and development that is consistent with the Victorian Park. That inclusion did not occur in the past for a planning system and relevant legislation. In terms of the number of reasons to do with issues in the upper house, environmental outcomes, the Rocky Valley land is if I recall correctly, when we got into government in fragmented by several roads and tracks, and a 1999. significant area has been disturbed by early work associated with the construction of that hydro scheme, Labor recognises the importance of all-year-round as I said earlier in my contribution. The area is tourism for the state and the regions, and our alpine considered unlikely to have high archaeological areas and resorts are a key part of that. We have a proud significance. The Department of Planning and record of supporting developments at those resorts, Community Development is managing the process to strengthening the financial management of them and amend the alpine resorts planning scheme and the Shire forgiving them a huge amount of debt when we got into of Alpine planning scheme so as to address the changes government early on — they had sizeable debt as part to the boundaries and to ensure that appropriate of their infrastructure development. There were planning zones and overlays are in place over the limitations in relation to their revenue streams and the affected land. rating of properties in that area. It is important to reach that fine balance. We provided a reasonably clean slate I will touch on the Sun Valley briefly; I know my time for them by removing a number of barriers and is getting short. The Sun Valley land will be included in allowing them to grow. the resort because it is currently part of the national park. This site contains equipment associated with the When in government we supported a number of events alpine resort’s snow-making facility and other and encouraged elite training in this very important and structures associated with the resort, and it is considered valuable part of Victoria. The alpine areas are part of appropriate to include this land in the resort because it our national landscape and the Australian heritage, is needed to meet the operational requirements of the recognised in Australia and recognised by the tourism resort. Sun Valley land will continue to be used as it is industry as having unique Australian and international currently used, including to house equipment for the significance. The mountains in these regions are not the tallest in the world, but they provide reasonably secure

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conditions for snow-making. Even though the impact of Victoria. That gives us a huge competitive advantage. climate change is challenging that, technology has However, it is an area in which we need to improve our allowed for the extension of snow-making performance. opportunities. The mountains are at a height where we can encourage the appropriate type of elite training. We Labor started that process as part of the 10-year tourism have seen very good events that have great international strategy when I was Minister for Tourism, and it potential, like the Kangaroo Hoppet at Falls Creek. continued under Minister Holding. We saw a Victorian Competition and Efficiency Commission inquiry into I had the difficult task, as all tourism and environment impediments for nature-based tourism. Whilst ministers do, of having to visit every resort — as they recognising that — and we were moving down that should do — to see how they were going and to support road — it is important that in trying to grow them. They are all working with each other, but in some nature-based tourism and reduce impediments we keep ways they are also competing with each other. It is a very strong focus on ensuring that these important and important to visit these areas, support them and make unique natural landscapes are protected well into the sure they are accessible to everyone. They are key future. It is important to think with a much longer term features of what governments need to do. focus than governments tend to, and it is important to have an overlay as part of that. Whilst these changes will facilitate some other developments, particularly around encouraging elite It is pleasing that the Minister for Tourism and Major sports training — which is a good thing that brings Events has given a reference to the Environment and income into the state and can bring more people, elite Natural Resources Committee, of which I am deputy athletes, from overseas — the flip side is about the chair, asking it to inquire into ecotourism and heritage accessibility of the resorts and making sure that the tourism. We look forward to working on that and average punter has access to them. That is a key thing hopefully coming up with another bipartisan approach. for much of Victoria. It is great that, irrespective of We look forward to the process starting very soon. It income and background, you can access many of these will help to inform additional public policy in relation areas and that costs are not always a barrier. Part of the to how we can be more competitive in the ecotourism role of the alpine resort management boards is around and heritage tourism areas whilst protecting the things those issues of access. we love and enjoy about our natural landscape and environment. At the end of the day, from a tourism This is not a huge bill. It is not of significant or major point of view, it is exactly those sorts of things that environmental interest. It is a land swap that, on travellers want to see. It is those sorts of things that balance, will slightly improve the quality of the natural local communities have the great opportunity to access environment in the national park, noting that because they live near them, and they also want to see particularly the Rocky Valley area is a man-made dam those areas protected and enhanced whilst having for the Falls Creek resort water supply as well as for opportunities for jobs growth in those localities. It is an snow-making purposes. There are certainly issues of ongoing fine balancing act. credibility for this government around its support for national parks. There is the issue of cattle grazing in Labor does not oppose the bill. There is a lot of logic alpine areas. Despite all environmental evidence — it is behind it. The issues of consultation and transparency a bit like climate change scepticism — the government are very important when you do these land swaps. You wants to have cattle in the national park. We have also have to dot the i’s and cross the t’s a lot more when you seen the huge cutbacks in these sorts of areas, and they are doing these sorts of things, because we should not put a big question mark on the government’s be taking parts out of national parks unless there is an performance in environmental management and extremely good reason to do so. In this case there is protection. clearly a reason to do so. It is important that, on those rare occasions, we take all stakeholders with us to This area is part of our nature-based environment, and support the changes that are being undertaken by this there are huge opportunities. As the Minister for bill. Tourism and Major Events knows, it is one of the big growth areas in tourism globally and one of the areas in This area has a lot more potential. I am keen to ensure which Victoria has unique natural assets that many that economic opportunities grow whilst these areas people want to visit. Victoria also has a great also remain accessible and affordable and whilst the opportunity by being a highly accessible state and being environment is protected. Getting that balance is not a compact state with particularly good and accessible always easy, and it requires a huge amount of work and road networks to get into many parts of regional good public policy planning. Nonetheless, this bill

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makes an important improvement to the infrastructure As I said, Falls Creek is already being used for training. and assets of Falls Creek. The bill also makes a number Indeed, the Minister for Environment and Climate of consequential amendments. There is a lot of debate Change, when he issued a press release on 21 February amongst resort management committees about future 2013 to signal the second-reading speech of this bill, management models that are sustainable for these areas. made reference to the fact that, in the last financial year, There are high capital costs in maintaining the facilities, Geelong Football Club, the Melbourne Rebels and the and every time you go up the mountain that is a regular national and international cycling teams have been complaint you hear from those who are trying to run hosted at Falls Creek. The minister made the businesses that are seasonal. Because it is seasonal in observation that this helped to drive a 6 per cent these areas, it is important to try to grow year-round increase in visitation in 2012. The bill sets out a tourism opportunities. That will help to build income structure for future investment, particularly in altitude for those businesses and return some of that money training. We can talk about summer use, summer back into the management and protection of those visitation, but everybody in the tourism industry knows assets and resorts. I wish the bill a speedy passage. that the ask of the tourism industry for some considerable time has been for Falls Creek to host Ms ASHER (Minister for Tourism and Major altitude training, possibly in conjunction with some Events) — I wish to make a few comments in support other activities. of the Alpine Resorts and National Parks Acts Amendment Bill 2013 for the reason that has been The tourism industry, when this bill was second read, indicated by other speakers on this bill, and that is that welcomed this particular piece of legislation, and I refer the primary driver of this bill is the tourism industry. to the press release put out by the Victorian Tourism The bill will add three areas totalling approximately Industry Council on 21 February, which was incredibly 10.5 hectares to the Falls Creek alpine resort. The positive. The press release says: largest parcel, which is 9.6 hectares, is on the foreshore of the Rocky Valley water storage area. The bill also The state’s tourism peak body has today welcomed the introduction of a bill to Parliament adjusting the boundaries of moves 11.9 hectares of land from the resort to the the Alpine National Park and Falls Creek alpine resort saying surrounding national park. the move will better accommodate tourism activity and enhance the visitor experience in one of Victoria’s key natural As I said, the driver of this has been tourism, and I landmarks. believe this bill is a significant win for Victoria’s $15.9 billion tourism industry, which employs Dianne Smith, a very strong advocate for tourism — 204 000 people. As has also been said by previous with whom the former Minister for Tourism, the speakers, Falls Creek is a popular winter destination member for Dandenong, who is at the table, would be that attracts 160 000 visitors who stay for more than very familiar — is quoted in the press release as having 350 000 nights during the ski season. However, the said: challenge for all our ski resorts is to get more visitation We are pleased that the Victorian government is actively when it is not winter. This is one of the drivers of this recognising the importance of Victoria’s natural assets and bill. the significance of these attractions to the tourism industry.

The resort supports a number of activities outside the This change paves the way for further appropriate investment in the Falls Creek area, which will make this region even ski season, such as mountain bike riding, bushwalking, more attractive to visitors, particularly those partaking in arts and cultural activities, and altitude training for elite cycling and altitude training activities. sports teams. Indeed it is this altitude training aspect that provides potential for investment in this particular The Tourism and Transport Forum Australia (TTF) in ski resort. Preliminary business planning has already its media release, again on Thursday, 21 February, the been done on this matter, and the specific requirements, day the bill was second read, was similarly supportive. if the industry privately and the government are to The media release is entitled ‘Alpine Parks bill win for facilitate growth in altitude training and wellness tourism and conservation’ — and that is a very activities in the resort, would be a range of key important point which I pick up on, and it was made by infrastructure initiatives. They will include a training the member for Dandenong, that it is very important oval, lakeside facilities for rowing and water-based that we find compatible uses for tourism and sports, and an indoor swimming pool and training conservation because it is the natural environment that centre for key training and wellness activities. That is is such a strength. Ecotourism is a growing area and I the absolute best case scenario for an altitude training will be very interested to see the Environment and facility, which could be built at Falls Creek, provided Natural Resources Committee’s report on this there is sufficient private sector interest. reference, a nature-based tourism policy, put together

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by the previous government and adopted by this I believe the bill demonstrates to investors that the government. These areas of tourism activity are a driver Victorian government supports appropriate and of economic benefit. As part of that it is most important sensitive development of our alpine resorts, and we that the conservation elements of these things are announced in August last year that we would allow maintained, because that is what the visitors want to appropriate and sensitive environmentally see. advantageous and environmentally conscious private sector tourism development and investment in national In its media release TTF commented: parks. The government has already made that announcement, but I have said it both for the Changes to the boundaries of the Falls Creek alpine resort deliver positive outcomes for both tourism and conservation, announcement in response to the Victorian Competition according to peak national body, Tourism and Transport and Efficiency Commission inquiry relating to very Forum (TTF). selective and sensitive development in national parks, and in relation to this bill before the house. The The acting chief executive Trent Zimmerman is then government will be extremely focused on the quoted as saying: environmental credentials of any investment that is This arrangement extends the Falls Creek resort to the lake’s made as a consequence. edge, increasing its potential for year-round tourism activities, adding to visitor amenity … This bill provides the framework for some potentially very advantageous tourism outcomes. I congratulate the … minister for bringing this bill to the Parliament. I am The Victorian government has demonstrated a sensible delighted the coalition government has adopted this approach to this issue, with this land swap delivering a path and I am very pleased with the tourism industry’s positive outcome for both the resort operator and for the response to it. Obviously in the end the private sector national park. will need to look at the pay-off. The private sector will … need to see if there is a return on investment for this to happen, but the government has paved the way for This shows that tourism and conservation outcomes can significant potential investment opportunities. That is happily coexist. commendable for Falls Creek. Falls Creek has been That is a very good outcome for tourism. The tourism crying out for it, the tourism industry has been crying industry has been particularly supportive, and the press out for it, and I am delighted to speak in support of the release further quotes Mr Zimmerman as saying: bill.

While the attraction of Falls Creek in the winter months is Sitting suspended 6.59 p.m. until 8.02 p.m. obvious, the resort — and Victoria’s alpine region generally — is a terrific destination at other times of the year Mr NOONAN (Williamstown) — I move: as well … That the debate be now adjourned. That is an all-round endorsement from a New South Welshman of Victoria’s ski fields and the opportunities House divided on Mr Noonan’s motion: we will hopefully have for investment in altitude training. Ayes, 42 Allan, Ms Howard, Mr I sum up my comments on this bill by saying that the Andrews, Mr Hutchins, Ms coalition government is dedicated to developing Barker, Ms Kairouz, Ms Beattie, Ms Kanis, Ms regional tourism. It is a great challenge for every Brooks, Mr Knight, Ms tourism minister in every government to take the Campbell, Ms Languiller, Mr visitation in Melbourne and spread that economic Carbines, Mr Lim, Mr benefit out into the regional areas. Every government Carroll, Mr McGuire, Mr has a slightly different approach to it, but it is an D’Ambrosio, Ms Madden, Mr Donnellan, Mr Merlino, Mr important component of the tourism industry and all Duncan, Ms Nardella, Mr members of this chamber are aware of that. Edwards, Ms Neville, Ms Nature-based tourism performs a very significant role Eren, Mr Noonan, Mr in this movement of the tourism dollar, if you like, and Foley, Mr Pallas, Mr Garrett, Ms Pandazopoulos, Mr obviously tourists from Melbourne to the regional Graley, Ms Perera, Mr areas. Green, Ms Richardson, Ms Halfpenny, Ms Scott, Mr Helper, Mr Thomson, Ms

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Hennessy, Ms Trezise, Mr The 11.9 hectares of land located on the northern slopes Herbert, Mr Wynne, Mr of Mount McKay has been identified as land with a Noes, 43 higher environmental value. I am advised that the area Angus, Mr Mulder, Mr contains snow gum woodland and is suitable habitat for Asher, Ms Napthine, Dr the endangered alpine water skink. Baillieu, Mr Newton-Brown, Mr Battin, Mr Northe, Mr Mr Morris — On a point of order, Speaker, the Bauer, Mrs O’Brien, Mr member for Williamstown appears to be reading from a Blackwood, Mr Powell, Mrs document. I wonder if you might ask him to table the Bull, Mr Ryall, Ms Burgess, Mr Ryan, Mr document. Clark, Mr Smith, Mr R. Crisp, Mr Southwick, Mr Mr NOONAN — On the point of order, Speaker, I Delahunty, Mr Sykes, Dr have done a lot of research in particular on the alpine Dixon, Mr Thompson, Mr water skink, and in fairness, given that research, I Fyffe, Mrs Tilley, Mr Gidley, Mr Victoria, Mrs would like to be able to refer to some notes I have with Hodgett, Mr Wakeling, Mr me. Katos, Mr Walsh, Mr Kotsiras, Mr Watt, Mr The SPEAKER — Order! I do not uphold the point McCurdy, Mr Weller, Mr of order. McIntosh, Mr Wells, Mr McLeish, Ms Wooldridge, Ms Mr NOONAN — In relation to the environmental Miller, Ms Wreford, Ms Morris, Mr aspects of this particular parcel of land that is going to be handed back to the national park I note that the Motion defeated. minister said this in his second-reading speech:

Mr NOONAN (Williamstown) — Clearly my The Falls Creek biodiversity management system has contribution has become somewhat more interesting identified the land as suitably habitable for the critically since the dinner break! Of course members are sitting in endangered alpine water skink. new seats, so they have got a new — — What an illuminating statement that is. The minister An honourable member — Perspective. was spruiking the importance of this bill to help protect the endangered alpine water skink. I have a confession Mr NOONAN — They have a new perspective on to make and I must be up-front about it. I confess that I my contribution, which I am most grateful for. I am knew very little about the alpine water skink before my very pleased to rise to make a contribution to this very research on this bill, which will interest the member for important debate on the Alpine Resorts and National Mornington. I have done my research and I have Parks Acts Amendment Bill 2013, and I say from the become a bit of a fan of the so-called alpine water outset that Labor is not opposing this bill. There has skink, and I will inform the house why I have. been a bit of opposing going on during the dinner break but not on the Labor side. We are very interested in this Firstly, for those who are less familiar with this bill and bill, and I will continue talking about it. have come into this place unexpectedly tonight, the alpine water skink has a body length measuring about Members will be interested to know that the mechanics 80 millimetres. I also know that the skink is olive of this bill are actually quite simple. The Falls Creek brown in colour, with black stripes along the centre and alpine resort will add to its area 9.6 hectares of land on sides of its back. It also has a yellow-brown stripe along the northern foreshore of the Rocky Valley Storage and the dorsolateral area, which extends from the neck to two other half-hectare parcels of land which are the base of its tail. I have discovered that there are two currently used for snow grooming and snow clearing. distinct varieties of skink. There are the southern form In exchange the resort will be handing back and the northern form — and both are found in the 11.9 hectares to the national park. Victorian and southern New South Wales alps. I have discovered also that they mainly inhabit moss beds and Mr Foley — Everyone’s a winner. adjacent wet heathlands along alpine and subalpine drainage lines. Mr NOONAN — I thank the member for Albert Park. Everyone is a winner in relation to this bill, but This is where it starts to get interesting. They often not everyone is a winner. enter water when disturbed.

Mr Wynne interjected.

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Mr NOONAN — This is why I have become a bit Baillieu government’s quest to put cattle back into the of a fan, and in a moment the member for Richmond high country. They have been referred to in this place will appreciate why. I am taking a bit of a long run-up. as ‘fuel reduction units’, but we on this side know them There is one very interesting piece of information that I as cattle, or cows. need to share with the house. This bill demonstrates how inept this minister actually Mr Wynne — Tell us. is. It took me 20 minutes of basic research to discover that cattle grazing in the high country poses one of the Mr NOONAN — Before I do that, I remind the greatest risks to our friend the alpine water skink. It house that the Minister for Environment and Climate took me 20 minutes to find that out, yet we had this Change referred to these skinks as ‘critically cattle-loving Minister for Environment and Climate endangered’. The obvious question to ask then is: why Change get up in this Parliament to make his are these skinks critically endangered? It is interesting second-reading speech on this bill to try to convince us where you can find answers to these sorts of questions. that this bill will in some way save the alpine water I found a document by the Victorian Department of skink. Anyone would understand that that is a complete Sustainability and Environment which was prepared and utter farce. under the Labor government. If the minister was so determined to save the alpine The SPEAKER — Order! I inform the person in water skink, why on earth did his government, egged the gallery who is taking photos that he is not allowed on by The Nationals, pursue a legal bid to try to to take photos from the gallery at all. overturn the commonwealth ban on returning cattle to the high country? The minister has absolutely no Mr NOONAN — This is a really important quote. It credibility when it comes to the environment. If he comes from a document from the Department of were a half-decent minister, he would have done a bit Sustainability and Environment, the minister’s own of due diligence on this bill — just a smidge. He would department. It is about the skink: have asked one or two questions and checked the facts. Because of its specific habitat requirements, the alpine water skink is threatened by damage to drainage lines and their An honourable member — Never check the facts! associated vegetation, caused by grazing and trampling by cattle and feral horses … Mr NOONAN — Never check the facts — that is what the minister is renowned for. Instead, what we see What a remarkable piece of information that is. The before us is a minister who has absolutely no idea. document does not stop there. Under a bolded heading Members should not forget that it was this minister who ‘Major conservation objective’, there are six very clear came in here with his second-reading speech in which actions that the department suggests need to be he referred to the alpine water skink not only as implemented in order to save the alpine water skink. ‘endangered’ but as ‘critically endangered’.

Mr Wynne interjected. The truth is the minister could not care less about our poor friend the alpine water skink. The minister needs Mr NOONAN — The member for Richmond is to track down the people in his department — I see that taking a great interest in this, and I am glad that he is. a couple of departmental people have come into the The third dot point on page 3 of this document from the chamber — who prepared his speech and have a bit of a Department of Sustainability and Environment, the look at them to understand why it is that they provided minister’s own department, makes it clear what the no briefing on what has endangered our poor friends the department believes needs to be done to save the alpine alpine water skinks. His own department has done him water skink. It says ‘exclude degrading processes, such no favours on this occasion. as cattle grazing’. There is the revelation members have been waiting for! There we have it: the greatest risks to We on this side clearly care about skinks, particularly the alpine water skink are cattle grazing and feral alpine water skinks, and while we will not be opposing horses. Members might now have a greater this bill I think it is important for those on the understanding of why I have shown such an interest in government benches who will follow me in this debate the alpine water skink. to talk about the importance of the alpine water skink and why it is endangered to try to explain in the time For those in the house who perhaps do not follow we have left in this debate why the government is logic — and that includes the members of The pursuing this line in terms of preserving the future of Nationals — let me explain the connection. We all the skink. It is very clear from the minister’s lack of due know that federal Labor had to intervene to stop the

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diligence in preparing his own second-reading speech Mr Dixon — I’m a hiker. that he has absolutely no idea, which really is the flavour of this — — Mr NEWTON-BROWN — He is a hiker. Here is an example of someone who gets out and enjoys our The ACTING SPEAKER (Mr Morris) — Order! national parks. But not everybody is as hardy as the The member’s time has expired. Minister for Education, and the chances are that for many people the last time they went camping was when Mr NEWTON-BROWN (Prahran) — This piece they were at school. Many Victorians have great of legislation is a classic example of why the Liberal memories of roughing it with their mates and learning Party is the best party to be leading this state. I say well bushcraft and survival skills on school camps, and done to the Minister for Environment and Climate indeed some people continue to go camping and hiking Change for crafting a bill that not only improves as they get older. Most of these people have a garage environmental outcomes in our alpine areas and full of gear and cannot wait to get out into our great increases the area of national park but also provides national parks. But some of us go a bit soft as we significant recreational and tourism opportunities and mature. For some of us what was enjoyable when we improved business outcomes. What a classic Liberal were 16 years old tends to be less so as we get older, response to the issue — concern for the environment and camping does take a fair bit of effort to organise. coupled with promotion of recreational tourism and The trade-off for getting into the really remote areas is business. that you have to rough it.

The proposal under this bill adds 9.6 hectares on the I continue to enjoy camping once or twice a year, but I northern foreshore of the Rocky Valley Dam to the know a lot of people value their precious holidays as a Falls Creek alpine resort. This will enable the time for kicking back in comfort — perhaps reading a development of new recreational and tourist facilities book, enjoying some local food and wine or, in the case on the lake’s edge to add to the fantastic facilities of the Alpine National Park, doing a bit of already available at Falls Creek. It will encourage cross-country skiing, downhill skiing or snowboarding, water-based facilities, allowing the resort to prosper as or engaging in other activities in summer, which this a year-round destination, not just one for the winter bill will facilitate. These people should not be precluded months, and providing the impetus and the opportunity from enjoying our national parks just because the sort for long-term development and investment in our alpine of facilities they seek do not exist. Falls Creek is areas. On the other side it creates a new area of national certainly a well-established resort, and this bill will park of 11.9 hectares with much better biodiversity than improve facilities for people who are not into snow the 9.6 hectares it will replace. As my friend on the camping. National parks are there for everyone to other side of the house has noted, this land will provide enjoy, and there is nothing wrong with providing a a much better habitat for the critically endangered level of comfort to those people who want it so that alpine water skink. I understand that the land around they can venture into the great natural areas of this Mount McKay is an area of beautiful snow gum state. woodland and a great addition to the Alpine National Park. In addition, people who are elderly or disabled are less able to get out into our national parks, and providing With this bill the coalition government is showing these facilities will help them to do so. The state spends practical commitment to its policy of facilitating a fortune on maintaining and enhancing our national appropriate development within and around our parks for the benefit of all Victorians, but only a tiny national parks. Of course this cannot be done without proportion of Victorians actually get out into them. careful consideration so as to minimise or ameliorate With these increased and improved facilities we will the environmental effects. We are committed to this, facilitate that. Parks Victoria already provides basic because better facilities will mean that more people will tented accommodation in parks such as the Buchan be able to get out into our national parks and enjoy Caves and Wilsons Promontory parks. You have to be them. When was the last time most people put on a lucky enough to win a ballot to go and stay at Wilsons backpack filled with dehydrated food, water bottles, Promontory. I understand that access for the disabled sleeping bag and tent and took off into the wilderness to was recently improved there, with specially modified go camping? I know there are many people who do cabins and specially modified wheelchairs that allow that, and I note the Minister for Education, who is at the people to go cross-country with the assistance of table, is a very enthusiastic camper. I do not know able-bodied people. I understand the members for whether he arrives at a camp site with his car full of Caulfield and Gembrook will take a disabled person in gear or whether he is a hiker.

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one of those wheelchairs on the 100-kilometre walk note, as previous speakers have, that while these they are doing later this year. measures are to be commended — and they will allow more people to appreciate and enjoy our beautiful One of the growth sectors in tourism is ecotourism. The national parks — it is very hard for the government to Victorian Competition and Efficiency Commission claim credit for environmental initiatives and report entitled Unlocking Victorian Tourism — An environmental progress in this state. Inquiry into Victoria’s Tourism Industry says that Victoria has largely been left behind by other states, If we look at what has happened to the environmental which have enabled more private investment in their program and indeed to many things since this fabulous national parks. For instance, how many people government came to power just over two years ago, we would not have hiked the iconic Overland Track in can see that the need to protect our environment and to Tasmania but for the huts available along it? Similarly move towards sustainability — to deal with all these in Western Australia there is a fantastic facility at very important issues — has been neglected in many Ningaloo Reef, where people can stay and watch the senses. I think it is worth touching on these things while whale sharks as they come in each year. we consider this bill and what it is trying to achieve. Who can forget the cattle in the Alpine National Park There is no doubt that tourism development in national debacle, which was really one of the first steps this parks must be done in a manner which respects and government took upon coming to power and only protects the natural environment. This bill will indeed ended when the commonwealth stepped in, after a facilitate appropriate development in an area that is significant amount of money was shoved out by the already disturbed. It has water frontage, and these state in what was clearly environmental vandalism and provisions will open up the opportunities for clearly a ridiculous notion and one that was seen to be water-based activities in summer. Most importantly, so? It was, however, one of the flagship commitments even more space than is being taken for that purpose the then opposition made and that the government will be given back to the national park in an area of followed through with. It is a pity it has failed to follow much greater biodiversity. through with much else. Then we have the issue of the firewood collection in national parks. This has enabled Tourism employs over 200 000 Victorians, and the people to collect firewood without permits on the basis industry is worth $15.9 billion to our economy. that it apparently cuts red tape. It has been a free-for-all, Tourism is very important, and with this bill we are and it has had some very significant environmental facilitating tourism. We are making Falls Creek a more consequences. competitive resort, a resort that is not just a winter resort but one for all seasons where people can go and Clearly there have been savage cuts by — I was about enjoy mountain biking and boating as well as to say the Baillieu government, but we are in a position cross-country skiing and snowboarding. now of having a Napthine-Ryan government; is that what it is? This government aims to provide tourism operators and resorts with the opportunity to develop new products Mr Eren — Naptime! and to improve the services that are offered to tourists. We have the capacity to grow the tourism industry in Ms Ryall — On the bill. this state. Tourism is a big earner for Victoria, and we have the capacity to improve it. With this bill the Ms GARRETT — I think I am on the bill. I am coalition government will be significantly improving sorry; I was referring to the government of the day, and the facilities available at Falls Creek while importantly we are just trying to work out who that is. Anyway we at the same time facilitating a great environmental have a Napthine-Ryan government. When it was the outcome as well. Baillieu-Ryan government there was a slashing of the budget commitments to the environment: $130 million Ms GARRETT (Brunswick) — It is terrific to rise has been ripped out of the budget. this evening to talk about the Alpine Resorts and National Parks Acts Amendment Bill 2013. We have Mr Katos — On a point of order, Acting Speaker, I heard a significant amount about the bill from previous do not see what relevance the budget in the speakers, including the fact that it adds 9.6 hectares of environment portfolio has to the bill. This is a very land on the northern foreshore of the Rocky Valley narrow bill. It pertains to some land exchanges in the Storage and other half-hectare parcels of land to the Alpine National Park and also in the Falls Creek alpine alpine resort as well as a range of other measures which reserve, and I ask you to bring the member back to the we on this side of the house welcome. We would also bill.

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Mr Eren — On the point of order, Acting Speaker, and it may be seen as straying slightly from the bill, I just very quickly — because the time of the member is want to touch on the failure of this government to obviously being used up — if we go down the path of follow through on its commitments around the taking every opportunity to get up and make a point of reduction in emissions and the very clear statements order when another member has just slightly deviated that the then opposition leader and the then Premier from the bill before the house, this debate will be an made — — absolute farce. The member was actually speaking on the bill; she was not deviating from it. I request that you The ACTING SPEAKER (Mr Morris) — Order! rule that the point of order is out of order. That is well away from the bill, and I ask the member to return to it. The ACTING SPEAKER (Mr Morris) — Order! I do not uphold the point of order, but I make it clear Ms GARRETT — I am now back on the bill, that the total budget for the department is not part of the Acting Speaker. While we recognise that these are good bill, and I ask the member to return to the bill. moves, we have concerns about the record of this government in this area, in all its forms. We will be Ms GARRETT — I appreciate that, Acting holding the government to account, as we have done Speaker, and while I think it is important to have over the past two years. I commend the bill to the wide-ranging discussion, particularly in the new era of house. the Napthine government, I am now moving to more specific things about the bill. This is about the Alpine Mrs BAUER (Carrum) — It is a pleasure to rise to National Park. In terms of the damage that has been support the Alpine Resorts and National Parks Act done in this area — and this is very relevant to the issue Amendment Bill 2013. The aim of the bill is to amend of the bill — we have had job cuts in Parks Victoria the Alpine Resorts Act 1983, the Alpine Resorts and the Department of Sustainability and Environment. (Management) Act 1997 and the National Parks Act They directly relate to managing and oversight of our 1975, to alter the boundaries of the Alpine National national parks — to looking after our national parks. I Park and the Falls Creek alpine resort and the Alpine can see that the member opposite is getting a bit itchy, National Park on the northern foreshore of the Rocky maybe thinking he might stand up to make another Valley Storage. I commend the Minister for point of order, but I would ask him not to, because the Environment and Climate Change on his leadership in savage cuts of the Baillieu-Ryan-Napthine government this area and for this very sensible bill. have very much undermined the capacity for those national parks which are the very subject of this bill to The bill will help to cultivate all-year-round tourism in be cared for in the manner in which we would hope Victoria’s alpine region, but especially in the summer months. There is great potential for Victorians to utilise they would be by the staff dedicated to administer and look after those parks for those who seek to enjoy them our resorts throughout the four seasons of the year. The now and for future generations. coalition government is very keen to promote healthy outdoor activities with wonderful outdoor recreation While this bill delivers some gain, we are concerned, from skiing, snowboarding and tobogganing in winter not surprisingly, that there are not the resources and not to riding and hiking in the warmer months. I enjoy the infrastructure or other capacity for the departments snow skiing when I can get to the ski fields. It has been charged with looking after those parks to continue their much less frequent since I have been a member of fine work. We would point to other things, particularly Parliament, but in the past it was fantastic to leave the regarding our precious national parks and resources. Carrum electorate and within 3 hours be on a ski field, The proposals by those opposite, in whatever for example, at Mount Buller. I am more of a beginner configuration, to open these areas up to tourism and or intermediate skier and not so much into the summit perhaps to development are a very slippery slope. It will runs. be interesting to see how the new leadership tackles some of these important issues. Like all Victorians we We are very keen to promote a healthy lifestyle and participation in outdoor recreational activities. The wait with bated breath to see what emerges from the government’s front bench now. alpine region is only a few hours from Melbourne and while the Carrum electorate does not have its own In summary, while we welcome moves to make our snowfield, many Carrum residents enjoy the region. national parks bigger, better and more accessible to the The bill will help to encourage even more tourism to community, this is a very small step in a long line of this environmental gem, and I am very proud to support backward steps from those opposite in many different it. areas, particularly the environment. While I am on it,

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The amendments contained in the bill will enhance The Falls Creek Race Club invites children, adults and what the region has to offer. They will add 9.6 hectares people of all abilities to hone their skills to become to the Falls Creek alpine resort from the northern snow fit and enjoy the company of like-minded people foreshore of the Rocky Valley Storage, which is part of on the ski fields. The club has produced alpine skiing the Alpine National Park. This section of the national Olympians, which is very impressive. It is interesting to park is currently damaged. Two leases with the Kiewa note the quality of some of the Olympic skiers who are Hydroelectric Scheme will remain in place. coming through. They include Ross and Malcolm Milne, Joanne Henke, Jenny Alterniatt and Steven Lee. The bill will assist the resort to increase its tourism Dick Walpole and Chris Heberle from Falls Creek have potential, especially in the quieter summer months. It is also competed at Olympic level in cross-country skiing, hard to imagine what sorts of activities might be and Paul and Adrian Costa have competed in freestyle happening at a snowfield resort in summer, but its moguls. It is fantastic to note that the ski fields at Falls website promotes the Mile High Dragon Boat Creek are of an international standard. Many others Championships; a photography camp; the 3 Peaks have participated in national teams, including Michael Challenge, which is a European-style road cycling Clarke, who is a junior world mogul champion. Tom event over 230 kilometres; the Easter family carnival; Costa, Lisa Spargo, and Megan and Tim Scott are the Mile High Tennis Tournament; and the Falls Creek fantastic alpine champions. They do our communities Ice Plunge as we head towards winter. There are great proud across Victoria and Australia. I believe some of opportunities to get out and about and enjoy all there is the people I have mentioned are Victorians. They are to offer. part of the race club, and they really enjoy the mountain environment. The bill covers two other areas of approximately half a hectare each, which will be added to the alpine resort. International skiers frequently visit Falls Creek and This part of the land is also damaged and will be taken Mount Buller. As I mentioned, Falls Creek has terrific from the Sun Valley and part of Howmans Gap, and summit areas and mountain environments. It would 11.9 hectares of land from the alpine resort will be also be wonderful to attract international skiers — for added to the national park on the northern slopes of example, the German alpine skier Fanny Chmelar — to Mount McKay, which has been classified as an ideal visit Falls Creek. habitat for the endangered alpine water skink. This addition will mean an increase in the area of the In summary, I am proud to have spoken on the bill. The national park. The bill is supported by the Falls Creek coalition government is improving facilities at Falls Resort Management Board, which has recently Creek, and this will result in great environmental completed a biodiversity management strategy. outcomes for all Victorians. I commend the bill to the house. As I mentioned earlier, we are not blessed with snowfields in the Carrum electorate, but we are blessed Mr PERERA (Cranbourne) — I wish to speak with an abundance of outdoor recreational activities. briefly on the Alpine Resorts and National Parks Acts Quite a few of the residents in the electorate, including Amendment Bill 2013. The bill basically transfers some school students and families, pack up their cars with land from the Alpine National Park to the Falls Creek their skis and stocks over the winter months and go off alpine resort. The bill adds 9.6 hectares of land on the to enjoy the snowfields. The closest we have to northern foreshore of the Rocky Valley Storage which snowfields are the amazing environmental features are currently part of the Alpine National Park to the which attract tourism to our electorate. We have Falls Creek alpine resort. The land is already used by impressive foreshores and beaches, bikes and running the resort for snow-making facilities and is fairly tracks, parks and reserves, and we have the degraded. Ramsar-protected Edithvale-Seaford wetlands, the Kananook Creek and Mordialloc Creek. While I am Two more areas are also being transferred by the bill. very proud of the features within the Carrum electorate, One area is in Sun Valley in the national park and we do not have any snowfields. already contains the resort’s snow-grooming facilities; it will be added to Falls Creek alpine resort. The second I mentioned at the outset that I would like to commend area at Howmans Gap currently contains the resort’s the Minister for Environment and Climate Change on snow-clearing base and will also be added to the resort. his leadership with this bill. Last week I was very As a trade-off, an area of 11.9 hectares of land currently fortunate that the minister came to visit Carrum for a under the resort’s control will be added to the Alpine full day of activities when he saw the natural beauty of National Park. This parcel of land on the northern the electorate. slopes of Mount McKay has great environmental value.

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This is an excellent move to enhance the value of the grazing, damage from feral animals, inappropriate Alpine National Park and provide the resort with land recreational activities such as hunting and shooting, and areas it has requested. The Falls Creek alpine resort has mineral prospecting, as well as underresourcing of been pursuing these changes for a number of years. rangers and maintenance staff who manage the parks. However, unfortunately no consultation has been carried out with the most important stakeholder: Parks The government has failed in a number of these areas. Victoria, the land manager. This appears to be an issue It has made a series of moves which undermine and with serious question marks. unpick decades of conservation initiatives, including attempting to throw open our Alpine National Park to There is also no information from the government private cattle graziers. Fortunately this was blocked by about the potential development that is likely to occur the federal environment minister. Cattle were removed in the area being excised for the resort. The government from the Alpine National Park in 2005 by the Bracks appointed a private operator to run the Lake Mountain government after a thorough investigation by the Alpine Resort. There are concerns that there may be job parliamentary Alpine Grazing Taskforce. Cattle cuts plus increases in costs, making a skiing holiday continued to graze in state forest next to the park. This unaffordable for families. What is the government’s government controversially returned cattle grazing to plan for Falls Creek alpine resort? Is the plan to extend Victoria’s Alpine National Park under the guise of a the boundaries to include Rocky Valley Lake to scientific study of cattle grazing aimed at reducing fire increase development opportunities and then privatise risk on Crown land. This was despite the fact that there the resort? The minister said Lake Mountain had been a is no scientific justification for the idea that alpine cattle drain on the Victorian taxpayer. It would not be hard grazing helps with fire abatement. for the minister to find similar excuses in relation to the Falls Creek alpine resort when he puts forward the The government proposed a review to allow greater proposal to privatise. access for mineral prospecting in national parks. It proposed logging under the guise of ecological thinning Once private development gets into a park any in parks and reserves as part of its timber industry environmental conditions originally imposed on the strategy. The Baillieu government amended the lease can be reversed at a later date. This happens when National Parks Act 1975 to allow firewood collection in the developer puts a case to improve commercial our newly created and hard-won red gum parks along viability or maximise visitor numbers. National parks the Murray River. It abolished all regulations and fees are already good for tourism. We are in danger of relating to firewood collection in state forests, a policy killing the goose that lays the golden egg if we which had been in place since 1958. This means the overdevelop them. Emphasis should be placed on fallen branches and debris, so critical to a healthy encouraging tourism on private land, not within parks. ecosystem habitat, will be stripped from our forests. As This new government needs to think outside the box. It a result commercial operators and people from is generally easier to set up private tourism Melbourne’s inner suburbs have been collecting large infrastructure outside and adjacent to national parks. amounts of firewood. The government has now been The Halls Gap village is a classic example. forced to introduce new regulations to try and control Park-compatible developments can take place without who collects the firewood and put limits on the amount the constraints that must be imposed within the borders collected. Due to Baillieu government job cuts there are of national parks. Many tourism experiences can be now fewer skilled front-line staff to care for and protect facilitated by improved ecotourism services such as parks and to monitor and oversee implementation of tours, rather than new large-scale infrastructure. legislation related to these parks.

With this government there is a risk of inappropriate The Baillieu government’s recent decision to open up development on the Rocky Valley Storage foreshores. Victoria’s national parks to tourism development and Because of this government’s poor record on the private investment sets a dangerous new direction for environment Victorians are sceptical about whether it is the state’s conservation reserves. Exposing our parks to really committed to the Alpine National Park. Parks and tourism development could lead to irreversible damage wild places are our only remaining source of genetic to some of our most precious natural areas. It diversity of native plants and animals. They are also undermines the integrity of our magnificent system of something every Victorian and international visitor can parks and reserves. The primary role of national parks enjoy in their original natural form. These parks are the is the conservation of nature on behalf of all foundation of our natural heritage, yet they are under Victorians — past, current and future generations. Our constant threat and need our protection. We need to parks were not created to end up as building sites for defend our parks from commercial tourism, cattle hotels and large-scale infrastructure that can be used

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only by a privileged few who can afford it. The Alpine attraction. The coalition government is happy to National Park and all national parks are there for facilitate this continued economic development of the everybody nationally and internationally to visit and alpine resort. It is also sensible to have that land in the enjoy. I commend the bill to the house. resort and used on a year-round basis, hence the addition of the land on the northern foreshore of the Mr KATOS (South Barwon) — It is my pleasure to Rocky Valley Dam. rise this evening and make a contribution to the debate in support of the Alpine Resorts and National Parks As I said, the bill creates opportunities for additional Acts Amendment Bill 2013. I will reflect on some of recreation and tourism. The document entitled Alpine the contributions that have been made to the debate by Resorts Strategic Plan 2012 identifies the Rocky previous members and on the opposition’s national Valley land as being for potential future use as a parks policy, which has probably been formulated more multifunction lakeside facility. The land that will be to appease someone sipping a cafe latte in Brunswick or taken out of the national park and put into the alpine Fitzroy rather than for the actual preservation of our resort is actually disturbed land. It is land that was quite national parks; having a national park is not just a heavily disturbed during construction of the dam itself matter of establishing a national park, putting a fence for the Kiewa hydro-electric scheme. Obviously around it, locking it up and throwing away the key. extending the alpine resort to the shores of the lake National parks need to be managed, and what facilitates enhances the ability to use the water facilities in the sensible tourism development goes toward contributing resort. It also facilitates the continued use of the alpine to the management of those parks by actually bringing resort for high-altitude training. I note that the team I in some money. follow, the Geelong Football Club, has made use of Falls Creek as a high-altitude training facility. I know The purpose of the bill is to alter the boundaries of the the club uses the training facility at 1600 metres for its Falls Creek alpine resort and also the boundaries of the younger players pre-season to get them fit. Most of the Alpine National Park. The bill removes 9.6 hectares of high-altitude training that is done overseas is done at land on the northern foreshore of the Rocky Valley over 2000 metres, but here it is done at 1600 metres. Dam from the national park and adds it to the alpine resort. Two other areas are added to the alpine resort Obviously there are water sports such as elite rowing on from the national park: 0.4 hectares of land from Sun the lake. There is also capacity for mountain biking, Valley — I suppose that is an acre — which is where and it is very sensible to extend it in that direction. The the alpine resort’s existing snow-grooming facilities are environmental safeguards will continue to be in place kept, so it is already used in the alpine resort; and on the land via relevant state and commonwealth 0.25 hectares from the Howmans Gap land, which is legislation. As I said earlier, the bill adds 11.9 hectares where the alpine resort’s snow-clearing base is. That of the slopes of Mount McKay to the Alpine National land is presently situated on part of a government road, Park. This land supports subalpine woodland, which I so I do not believe it is actually in the park. think is predominantly snow gums, and provides a potential habitat for endangered and threatened species. The bill also excises 11.9 hectares of land from the alpine resort and adds it to the national park. This The extra land being added to the national park is balances the area of land to be removed from the roughly the same size as the land being excised — in national park, and it does not impact on the continued fact more land is being added to the national park. This viability of the resort. In the end there is a net increase certainly has the support of industry. I am happy to in the size of the national park of 1.9 hectares of land. quote from an article in the Border Mail of 22 February This facilitates the use of the resort for all seasons — this year which says under the headline ‘Falls land that is, rather than it simply being a snow resort, it swap boost for resort’: provides the resort with more capacity to be used in the warmer months of the year. The management of the Falls Creek chief executive David Herman said land that housed resort infrastructure and a road snow-clearing base resort certainly is keen to pursue this additional would also now come under its responsibility. all-season use and visitation to the resort. ‘The land being added to the resort is highly disturbed, the I suppose the converse in my electorate and the legacy of the resort’s hydro-electric heritage’, he said. electorate of the Minister for Roads, who was in the ‘But it will also allow us to contemplate measured chamber a moment ago, would be the Great Ocean development along the Rocky Valley Dam foreshore near the Road. It is primarily a summer tourism attraction, so shed that was once used by scientists looking to see whether anything that you could do to promote winter tourism is they could survive in the Antarctic. obviously quite sensible to make it a year-round

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We are continuing to look at a range of high-altitude training MAJOR SPORTING EVENTS options for the entire resort’. AMENDMENT BILL 2013 It has industry support there. I note also that the member for Benalla is quoted in the same article as Second reading saying it was a win-win outcome for the community up Debate resumed from 20 February 2013; motion of there and for his electorate. I am sure he has welcomed Mr DELAHUNTY (Minister for Sport and private investment coming into his electorate and that Recreation). he has been a strong supporter of it. Mr EREN (Lara) — I am very pleased to make a There is further industry support through the Tourism contribution to today’s debate on the Major Sporting and Transport Forum Australia. A media release of Events Amendment Bill 2013. Having said that, bills 21 February titled ‘Alpine parks bill win for tourism relating to sport have been few and far between in this and conservation’ says: house, and I am pleased that the Minister for Sport and Changes to the boundaries of Falls Creek alpine resort deliver Recreation is actually doing a bit of work. positive outcomes for both tourism and conservation, according to peak national body, Tourism and Transport In speaking on this bill I note that the opposition does Forum (TTF). not oppose the bill; we do not oppose any improvements being made to sport in this state, and the … bill goes a long way towards improving the behaviour The TTF acting chief executive Trent Zimmerman said the of people who attend sporting events. But I will outline bill is a win-win. systematically the inadequacies of this bill as I go through it. I will begin by giving a brief description of He is concurring with the good member for Benalla the bill to the house. there. The media release continues:

‘This arrangement extends the Falls Creek resort to the lakes The bill will contribute to improving the operation and edge, increasing its potential for year-round tourism activities, effectiveness of the Major Sporting Events Act 2009. adding to visitor amenity’, Mr Zimmerman said. The amendments mainly relate to the crowd management provisions of the act, such as extending ‘At the same time, it returns a larger parcel of pristine wilderness land on the northern slopes of Mount McKay to the application of the act to additional events and the Alpine National Park. venues; further increasing powers to ask for a person’s name and address in specified circumstances; making it The Victorian government has demonstrated a sensible an offence to damage or deface the sporting approach to this issue, with this land swap delivering a positive outcome for both resort operator and for the national competition space; adding the new offence of entering park’. an event venue without a ticket or authorisation; and adding new increased infringement offences and As members can see, it has industry support. I believe penalties. Other changes include protecting additional this is very sensible legislation. As the management of annual major sporting events under the aerial these national parks costs money, any sensible advertising provisions of the act and creating new development that can facilitate the ongoing offences to better control ticket scalping in major maintenance and care of national parks is sensible. I sporting events. certainly commend the Minister for Environment and Climate Change on bringing in this bill, and I commend The Major Sporting Events Act 2009 was initiated by it to the house. the Labor government. It incorporated the Sports Event Ticketing (Fair Access) Act 2002, the Major Events Debate adjourned on motion of Ms KAIROUZ (Crowd Management) Act 2003 and the Major Events (Kororoit). (Aerial Advertising) Act 2007 into a single act. It provided a comprehensive legislative framework to Debate adjourned until later this day. assist in the successful staging of major sporting events without the need for specific legislation to be enacted each time a major sporting event was added to our then packed sporting calendar. I might add that in terms of staging major sporting events, this is now dwindling thanks to those opposite and the lacklustre government. Now that we have a new leader I suppose it will be a new government, and we will see over the course of the

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next couple of days how the new leader, the member The ACTING SPEAKER (Mrs Victoria) — for South-West Coast, will improve sport in this state. Order! I will not stand for that behaviour in this The new leader needs to acknowledge — — chamber. That is unparliamentary.

Mr Clark — On a point of order, Acting Speaker, Mr EREN — In 2012, for the information of the the member is not speaking anywhere near relevantly to minister, who is obviously not on top of his the bill, and I ask you to ask him to return to it. portfolio — —

The ACTING SPEAKER (Mrs Victoria) — The ACTING SPEAKER (Mrs Victoria) — Order! I uphold the point of order and ask the member Order! I ask the member for Lara to come back to the for Lara to come back to the bill. bill.

Mr EREN — On the point of order, Acting Mr EREN — We have lost the title of sporting Speaker, as I am the lead speaker for the opposition on capital of the world, unfortunately. That is because, if I this bill, I can widely canvass issues in relation to the can say, these changes under the new leadership of bill. I specifically raised the new leader’s views and Denis Naptime — — objectives in relation to making sport in this state better, Acting Speaker, and if you think that is out of order I The ACTING SPEAKER (Mrs Victoria) — think you are wrong. Order! I advise the member for Lara that references to other members of Parliament will be by their seat and The ACTING SPEAKER (Mrs Victoria) — their correct title. Order! I uphold the Attorney-General’s point of order and ask the member for Lara to come back to the bill. Mr EREN — Denis Napthine. Some latitude is given to lead speakers — — The ACTING SPEAKER (Mrs Victoria) — Mr EREN — Acting Speaker — — Order! Members must be referred to by their seats.

The ACTING SPEAKER (Mrs Victoria) — Mr EREN — He is the Premier-elect. I hope he Order! The member has spoken on the point of order, changes his tack on how he approaches sport in this and he may not speak on it for a second time. The state. member for Lara now has the call. I know I have the government riled up about this. It is Mr EREN — Obviously the new government, led important that the government get riled up about this by the new leader, is very sensitive about these matters. because sport is very important to this state; it is a big The bill before the house is very important, and this part of our economy. What we have seen from this new government, if I can call it that, needs to government under its former leadership — currently it acknowledge the importance of sport in this state. is led by the Minister for Ports — is a slide backwards, I suppose you could say, in terms of attracting major The lacklustre performance of the former Baillieu-led sporting events to this state. In fact I can give a very government is obviously an indication of how many small example of the incompetence of this government: sporting events this state is losing. When members look the Minister for Sport and Recreation was left a bit at some of the sporting events this state attracted when red-faced after losing two major athletics events to we were in government, they will see that Melbourne, interstate rivals just a day after gloating about the Victoria, was the sporting capital of the world under our construction of a new athletics track at Lakeside government. Stadium. Labor funded that stadium. It was our policy, and we did the upgrades to Lakeside Stadium. Mr Delahunty — We still are! Mr Delahunty — On a point of order, Acting Mr EREN — The minister says we still are. I have Speaker, we have been going for nearly 8 minutes, and news for the minister: we are now second to the UK. In the shadow minister has not at any stage talked about 2006, 2008 and 2010 we were voted the sporting capital the bill. I request that you bring him back to debating of the world, and Labor was in government. In 2012, the bill. since we have — — The ACTING SPEAKER (Mrs Victoria) — Dr Sykes interjected. Order! I uphold the minister’s point of order and ask again that the member for Lara, although he has some

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latitude as lead speaker for the opposition, come back to The ACTING SPEAKER (Mrs Victoria) — the bill. Order! Interjections are not called for, and taking up those interjections is not called for. I ask the member to Mr EREN — I do not have very much time to return to the bill. speak on this bill. I could speak on the bill for much more than half an hour. I understand the sensitivities Mr EREN — I understand that interjections are that the minister has in relation to defending his unruly. Through the Chair I remind the government that position as the minister. But having said that, can I just we had a perfectly good program called the Victorian say that it is a fact that we lost two athletics titles. Code of Conduct for Community Sport. At the last Public Accounts and Estimates Committee hearings the Mr Delahunty — Wrong. minister outlined that that program was going to be cut. We invested some $600 000 in that program, which Mr EREN — I would suggest that the minister went a long way to improving behaviour in sporting check with his own department before he says ‘Wrong’ clubs and organisations. What we have is a minister in response to what I am saying. The minister is wrong trying to justify the bill before the house and his weak in not knowing what is going on in the state. For his status in his own cabinet. He cannot get any money for information, we have lost the junior athletics titles to his portfolio. Perth and the senior athletics titles to New South Wales. The ACTING SPEAKER (Mrs Victoria) — As I was saying, the Major Sporting Events Act 2009 Order! I am having to do this a lot. I ask the member to was created at a time when Victoria was at its prime in come back to the Major Sporting Events Amendment regard to major sporting events. It was when we were Bill 2013. crowned the sporting capital of the world. We took action; that is what governments do. We took action to Mr EREN — I am speaking on the bill before the ensure that our major sporting events remained in the house, which is a bill that relates to sport. I am talking national and international spotlight. We took action so about the minister responsible for the bill before the that we created jobs and boosted tourism for this state. house and his role in cabinet to extract money from What a stark contrast that is to the actions of the Treasury for his portfolio. That is not rocket science; government we have sitting before us today. Once that is what ministers do. That is what we did when we again we have a bill before the house that is just another were in government. What we have before the house is one of Labor’s ideas redrafted. We have yet another bill a bill that has no money attached to it. before the house that is lacking in any provisions for education or resources to assist in its implementation. In relation to this bill being effective and reaching its While I acknowledge that the amendments in this bill full potential, Etihad Stadium has superior CCTV are beneficial — I will give those opposite that; that is technology. I understand that technology goes a long why we are not opposing it — it is yet another bill from way in assisting authorities to detect bad behaviour and this government that provides no investment of money get onto it quickly. In order to assist with implementing or resources in Victoria, and particularly not in sport. the bill, I ask the question: how is this possible at AAMI Park? AAMI Park does not have a superior A number of bills come before the house, and whether CCTV system compared to Etihad Stadium. they are road safety bills, the previous bill we spoke on or this bill, they are all about a cash grab. The bill Mr Delahunty interjected. establishes penalties under the guise of improving sporting behaviour, but there is no money invested in it. Mr EREN — I am telling you, Minister, that you There is not one red cent in this bill to educate all the may not be sure about a lot of things in your portfolio, sporting communities out there. For clubs and stadiums but I am here to assist. to operate effectively, it is expected that they would seek some assistance from government when a bill like The ACTING SPEAKER (Mrs Victoria) — this is introduced. If you wanted the full potential of Order! Through the Chair! this bill to be realised and if you were really genuine Mr EREN — Let me assure the minister that the about this bill, you would attach some money to it. CCTV technology at Etihad Stadium is far superior to Mr Delahunty — There was never any money that at AAMI Park. Without additional investment in attached to your bill. clubs, and while we lack adequate infrastructure in terms of security measures, we will be unable to catch Mr EREN — I beg to differ with the minister again. these offenders, which will make any higher penalties

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null and void. This is some assistance for the minister, Mr Wakeling — On a point of order, Acting to assist with the implementation of this bill. Speaker, with the greatest respect to the opposition’s lead speaker on this bill, we have been listening to this Clubs and stadiums will also need educational materials diatribe for about 18 minutes now, and I ask you — — to educate their players, boards, staff and committees about the important changes, and that is why Mr EREN — Can you stop the clock, at least? investment in resources must be made to accompany the bill and ensure an effective rollout of the changes. Mr Wakeling — It’s not question time. However, this is not happening now, and the government seems to be ignoring its responsibilities in The ACTING SPEAKER (Mrs Victoria) — relation to getting results from this bill. This is not Order! The member for Ferntree Gully has the call. surprising, because the government has also walked Mr Wakeling — With the greatest respect, I ask the away from its responsibility to assist Victorian sporting member to talk remotely on the bill. If the member does clubs. In April 2012, for example, the government not have a copy of the bill, I am sure someone in the slashed some $46 million of funding to community government is prepared to provide him with a copy. organisations. The ACTING SPEAKER (Mrs Victoria) — Mr Delahunty — On a point of order, Acting Order! That is not a point of order. Speaker, not only is the shadow minister reading his speech; he is not even debating the bill. I ask you to Mr EREN — That was a frivolous point of order bring him back to talking about the bill that is in front designed to chew up my time. of us tonight. The ACTING SPEAKER (Mrs Victoria) — The ACTING SPEAKER (Mrs Victoria) — Order! The member for Lara has the call on the bill. Order! Is the member for Lara reading his speech? Mr EREN — I will come back to the bill. The Mr EREN — The minister knows I have been minister is responsible for the money allocated to sport referring to notes throughout most of my speech. in this state, and he needs to defend that position. The minister knows how many millions of dollars have The ACTING SPEAKER (Mrs Victoria) — been cut from this portfolio, so to implement the Order! I ask the question, not the minister. Is the bill — — member — — Mr Burgess — On a point of order, Acting Speaker, Mr EREN — Acting Speaker, of course I am I ask you to bring the speaker back to the bill. As the referring to notes. member for Ferntree Gully said, this has been going on The ACTING SPEAKER (Mrs Victoria) — for 18 or 19 minutes now. It has made no sense, let Order! I thank the member and I ask him to come back alone been remotely connected to the bill. to the bill. The ACTING SPEAKER (Mrs Victoria) — Mr EREN — The minister is clearly hurting at this Order! I uphold the point of order and ask — — point in time; he is raising points of order with the lead Mr EREN — Come on! This is getting ridiculous. speaker on this bill. By cutting money to programs in this state — some $46 million from the Community The ACTING SPEAKER (Mrs Victoria) — Support Fund — — Order! The member for Lara will stop challenging the Chair. The member for Lara will resume his seat. This Mr Delahunty — On the bill! has been farcical. I ask members to have a bit of respect Mr EREN — I am talking about the bill, through for each other in this chamber. The member for Lara the Chair. The minister is so precious about his has the call on the bill. portfolio. I only wish he would show enthusiasm in the Mr EREN — The frivolous points of order are a cabinet room and not let the Treasurer take chunks of clear indication that the government cannot handle money out of his portfolio. The minister knows his criticism, particularly on — — inadequacy in the cabinet. He knows he has lost millions of dollars — — The ACTING SPEAKER (Mrs Victoria) — Order! I remind the member for Lara that the Chair

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decides what is frivolous and what is a point of order. The SPEAKER — Order! I suggest the member The member for Lara has the call on the bill. return to debating the bill before the house.

Mr EREN — I point out that we see a lot of Mr EREN — Speaker, I am; I am pointing out inadequacies in this bill, and all government members some of the issues relating to bad behaviour in sport. As are embarrassed about that. That is why they raise I was saying, it is about the code of conduct in sport. points of order. The code of conduct for community Fundamentally the bill before the house relates to the sport is actually — — bad behaviour of the people who attend those events. In relation to this bill, I ask a couple of questions of the Dr Sykes — On a point of order, Acting Speaker, I minister and I put to the minister some of the concerns am having trouble relating the contribution of the lead of people I have spoken to amongst the stakeholders, speaker to the bill. I understand that lead speakers have because there are a lot of people who are not happy. the capacity for wide-ranging debate, but perhaps he Despite all the goings on in relation to the points of could enlighten us by telling us to which clause his order that have been made, it would be good if we contribution currently relates. could get some clarification on why some stadiums miss out in this bill. The ACTING SPEAKER (Mrs Victoria) — Order! I do not uphold the point of order. I call the I will give members a perfect example: the third best member for Lara on the bill. stadium in this state is Simonds Stadium, Geelong. If Geelong plays St Kilda at Etihad Stadium, it is Mr EREN — This bill is fundamentally about bad protected by the legislation contained in this bill being behaviour at sporting events, and the minister accepts debated today, but if Geelong plays St Kilda at that. If I cannot talk about the code of conduct for sport Simonds Stadium, it is not protected. in relation to this bill, it is a farcical bill. All government members can try to hide behind — here we An honourable member interjected. go again with frivolous points of order! Mr EREN — Are you going to raise a point of Mr Burgess — On a point of order, Speaker, before order on that? All I am saying is that there is real you resumed your seat there were repeated points of concern out there in relation to this aspect of the bill, order raised asking for the member to come back to the and there is real concern about the Spring Racing bill. I respectfully suggest that, if he cannot come back Carnival, which is mentioned in the bill, which covers to the bill, he sit down. Caulfield, Moonee Valley and Flemington racecourses. But what about the Geelong Cup? What about Ballarat, The SPEAKER — Order! Normally there is some Bendigo, Cranbourne and Moe, and all those other flexibility given to lead speakers, but you can sonly go regional racing clubs that deserve to be protected from so far and push so far. I say to the member for Lara that bad behaviour in sport? Why are they not included in he should get back to the bill before the house. this bill? Why is the bill before the house city-centric? Mr EREN — It is a wide-ranging bill in relation to If I cannot put these views forward, I do not know who bad behaviour at major sporting events. As the lead can. speaker for this bill, if I cannot talk about the code of Honourable members interjecting. conduct for sport in relation to the bill, I do not know what else I can talk about. I have given a brief Mr EREN — I am and I would like some explanation of the bill, and I am talking about some of clarification at some point, whoever the next speaker is, the other programs that control bad behaviour in sport. about why those other stadiums are not included. Are Speaker, I urge you to listen to what I am saying. we saying it is okay to behave badly at Simonds Stadium? Are we saying that you cannot light a flare at Fundamentally, this bill is about controlling bad Etihad Stadium or at AAMI Park or indeed at Lakeside behaviour at major sporting events, and I am relating Stadium, or the MCG, but you can go for your life at that to the sporting code of conduct and the funding that Simonds Stadium? Is that what is going to happen? Is exists in relation to that program in this state. I know this going to encourage bad behaviour at other the government is very precious about that, and I want stadiums? For example, can the minister ensure that to point out some of the inadequacies in relation to those other stadiums — and the third best stadium in sport in our state. If I cannot do that as the shadow the state — will be covered and protected? sports minister and as the lead speaker on a bill relating to sport, it is ridiculous, if I may say so. I know the I also want to mention that 99 per cent of people who minister is being capricious — — go to watch these events are fantastic people. It is only

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the 1 per cent minority who ruin it for the rest and there Simonds Stadium say, ‘We would like to have been is no question of that. But other stadiums and other consulted and been part of this bill’ and I hear Football racing clubs in this state are entitled to have backing Federation Victoria say, ‘We would like to have been such as this bill provides, just as Etihad Stadium, the further consulted; we would have given better advice in MCG, Lakeside Stadium or AAMI Park have. My relation to some of this’. point is, are we back to the bad old days of the toenails of the state? Is that what this is? We do not care about What will happen to the premier league games when regional Victoria? the Oakleigh Cannons Football Club plays the South Melbourne Football Club at other stadiums? What will Mr Katos interjected. happen when the Melbourne Victory Football Club or the Melbourne Heart Football Club plays at Simonds Debate interrupted. Stadium, as they have done in the past? Are we saying to the 1 per cent of troublemakers, ‘Go for it, you can SUSPENSION OF MEMBER light these flares at Simonds Stadium’? That is why the CEO of Simonds Stadium is concerned, and rightfully Member for South Barwon so. He wants to be as entitled to be protected under this bill as any other stadiums that have been protected The SPEAKER — Order! Under standing under this bill. order 124, I ask the honourable member for South Barwon to vacate the chamber for 30 minutes. In the short time that I have left to me — after all the frivolous points of order that have been raised — I say Honourable member for South Barwon withdrew this bill needs to include regional country racing clubs, from chamber. it needs to include the third best stadium in this state, which is Simonds Stadium, and it needs to include bad MAJOR SPORTING EVENTS behaviour in sport across the state. I go back to my AMENDMENT BILL 2013 point about the sporting code of conduct. We know the Second reading government has cut the funding for sport. It should put more money into sport so that people can enjoy their Debate resumed. sporting activity.

Mr EREN (Lara) — It is a bad message that has We love our sport in Victoria. We have now lost the been sent out. A number of stakeholders have pointed title of sporting capital of the world, and we want to get out that carrying a flare attracts a penalty of $700, while back to that no. 1 spot on the podium. However, bills lighting a flare attracts a penalty of $1000. Our such as this which have not been thought through and stakeholders have said that lighting a flare is a very which exclude major stadiums and major sporting dangerous act, just as carrying a flare is, but lighting a events are not fair. I urge the minister to reconsider and flare is so severe that it should attract a heftier penalty. to include the regional cities of Victoria. I urge him to not forget them. I wonder how much thought has gone into this bill in relation to the regional areas that are not covered. I have Mr BATTIN (Gembrook) — Prior to his sitting so much that I needed to go through, but unfortunately down I want to say thank you to the Government Whip the frivolous points of order that were raised have for listing me to speak after the shadow minister. I can prevented me from highlighting some of the look as competent as I like by not even talking. inadequacies of the bill. I urge the minister to rethink the failure of this bill to cover those regional areas. The Mr Eren interjected. Geelong Racing Club deserves the protection of this Mr BATTIN — To beat what you have just said I bill — not that I am saying we have lots of trouble at would not have to say anything. I will start off by the Geelong club, but it wants to have the pleasure of correcting the record in relation to the code of conduct. enforcing bad behaviour. The code of conduct has not been removed at any stage, and we still support and will continue to support the Mr Delahunty — Does it? code of conduct. Mr EREN — For the information of the minister, it Mr Eren — On a point of order, Speaker, the does want to have the pleasure of enforcing penalties for bad behaviour. I have consulted the club unlike the member has not actually spoken about the bill at all, so I ask you to bring him back to order in relation to the minister. That is why I hear Brian Cook, the CEO of bill before the house.

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The SPEAKER — Order! I do not uphold the point The bill adds certain events to the act so that we can in of order. the future have these automatically covered by the provisions for major sporting event management and do Mr BATTIN — And the pointing across the not have to go through the rigmarole of bureaucratic chamber does the member a lot of credit. Well done! paperwork every time. That way the minister will The Major Sporting Events Amendment Bill 2013 is understand what events are included. These include key the bill I am supporting. It is interesting that the bill Spring Racing Carnival events. As an ex-police officer amends the Major Sporting Events Act 2009. All we who worked at many of the Spring Racing Carnival are doing is improving legislation that was brought in events, I can say that it is important to have something by the previous government. We are improving that act; in place to provide safety and security for people who we are looking at it. are attending events that make Victoria the sporting mecca of the world. I stand by that. We are the sporting Mr Eren — What about Simonds Stadium? mecca of the world. As I said, I congratulate the former Mr BATTIN — I will get to Simonds Stadium, but government for introducing the original legislation. I some of the issues that were raised by the previous thought opposition members would support this bill speaker were that there was nothing in the bill about rather than go on and on, pick fights across the chamber education. I am not a rocket scientist, and I will put that and get defensive and personal. on the record, but I know I cannot go to Etihad Stadium The bill consolidates the powers within the act in and rip a seat out. I already know that. I know I cannot relation to requiring a person who has been evicted go to Etihad Stadium and rip a seat out, and I know I from a venue to provide their name and address. These cannot go to the MCG and light a flare. powers extend to any police officers who are at the Honourable members interjecting. event. That is important. In the past at major sporting events if someone was thrown out and came back in Mr BATTIN — It does not take much to again, if their name and address had not been obtained, understand, so I think most people in Victoria know it was very difficult to prove that they had been thrown that. out. These changes will ensure that police have the power to get a person’s name and address whether they Mr Eren interjected. are fining them or just removing them from the venue, so that should the person come back in there will be a The SPEAKER — Order! If the member for Lara written record available. wants to stay in the chamber, he should be quiet. If someone goes around to the other side of the venue to Mr BATTIN — We have got the penalties in place. try to get back in — and it does happen — the record I know the member says Simonds Stadium is the will be there to show that they are not allowed to come third-greatest stadium now. As a Geelong supporter, I back in. They will already have given their name and actually think it is a bit of a home for Geelong; I do like address to police and there will be a clear record of that. the stadium down there. Kardinia Park is mentioned in The bill also introduces a fine of 1 penalty unit — our song — and it is a fantastic song. The bill provides $184.84 — for refusing to provide a name and address. for the minister within the context of a major sporting That is very important. event order to extend the provisions to any major event in Victoria. He will have no dramas with that, and it can The bill also includes infringement penalties for the include events at Geelong, including at Simonds taking of alcohol into events. That is very important. Stadium. I understand that the member for Lara might Most members would have been to the cricket. When live close to Geelong¸ but I have been to Simonds you sit at the cricket it is not always possible to bring Stadium many times and in all my visits I must say I your own bottled alcohol. You do not see people sitting have actually found the crowd behaviour to be fantastic. there with a bottle of vodka, a stubby or whatever they want to bring in, but quite often you see them with a I support what the operations people and the committee watermelon. People bring watermelons to the footy — of management do at Simonds Stadium. I also support and how often do you get a watermelon that at the end the Geelong Football Club and the cricket club and the of the day ends up as a hat? council, which obviously get on board with what is going on there to ensure that they provide a safe family Mr Foley interjected. environment for people to watch sport in — and, as the member for Lara said earlier, maybe to watch a Mr BATTIN — The member for Albert Park Geelong versus St Kilda game and see Geelong win. obviously has had a very good experience with that.

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You convert the watermelon into a hat after you have same restrictions on carrying flares and alcohol as those drunk what is inside it. It is important that we put inside the stadium. something in place to prevent that from happening, because it is intoxicated people at sporting events that The fact that the concourse is a public area that is used make it uncomfortable for families who want to enjoy a for non-sporting events also had to be taken into day of sport or a day at an event. consideration. The bill provides for the concourse to be classified as a public area. The Docklands area is The bill also adds some major sporting events to those obviously being developed. As the coalition protected by the aerial advertising provisions of the act government works towards having a more sustainable so that organisers of these events do not have to go and better planning strategy, many more people will be through the rigmarole of dealing with these issues every moving into that area and will be using that concourse time. Obviously one-day cricket is being added to the just to get from Docklands into the city. Obviously list and also one of the biggest and fastest growing legislation for sporting events cannot contain provisions sporting events in Victoria, if not the world — that prevent people on their way to a nice night out Twenty20 cricket. As Australians we all love our from walking from Docklands into the city while cricket, and given what is going on over in India at the carrying a six-pack of bottles with their lids on. It is moment we actually like the idea of Twenty20. Cricket very important that that be recognised. is a fantastic sport, and as I can advise members from personal experience as the father of two young girls, Some of the other new provisions that I am extremely Twenty20 introduces kids to the game. While sitting pleased to support are those relating to scalping. At the through a test match for five days is a big challenge for moment any person who is scalping tickets for a them, Twenty20 games have introduced them to the declared event can be taken to court in Victoria. There world of cricket. are infringement provisions for that, but the process for getting them to court is very long. The bill creates two Ms Barker interjected. new ticketing offences under which an on-the-spot fine of 5 penalty units or $704.20 can be imposed. They will Mr BATTIN — Test cricket is proper cricket; I am prevent anyone from selling small numbers of five or going to have to agree with the opposition on that one. fewer tickets. It is important to put on the record that However, the problem with test cricket is that a scalping is not just passing across a ticket, giving it to seven-year-old is not going to sit through four or five somebody or selling it at or below its face value; it is days of a game. It is four days in India at the moment. what is done when somebody is intending to try to make a profit on a ticket or even without that intention Honourable members interjecting. increasing the price of the ticket.

Mr BATTIN — Three! It is three this week. It is The new offences are important for the police as well. important that there be an opportunity for people like Currently for anybody to be prosecuted an offence has me to introduce their children to sporting events such as to go through the minister’s office. The new provisions Twenty20. It is important to ensure that we have give power to Victoria Police so that any Victoria provisions in place to protect us and to create a safe Police officer can issue a fine or follow up the offence environment at such events so that families can attend. in court. I am very proud to support the Major Sporting The bill also increases the area over which the crowd Events Amendment Bill 2013. management provisions apply by adding the concourse Mr McGUIRE (Broadmeadows) — I rise to make a of Etihad Stadium, which has had many names and is contribution to the debate on the Major Sporting Events also known as Docklands Stadium, as it is described in Amendment Bill 2013. Before doing so, it would be the bill. Because of the way the stadium was designed, remiss of me not to acknowledge the contribution to the concourse outside is a public area and was not Victoria over a long time by the member for Hawthorn. included in the stadium, so that people walking on the I have known the member for Hawthorn for about three concourse are not included among those attending a decades outside this place. I have also had the privilege major event at the venue. To compare that with the of working for, knowing or reporting on the last eight MCG, which obviously has a lot of land around it, the Premiers of Victoria, so I have at least an insight into MCG concourse has always been classified as being the demands of the job and the relentless pressure that within the building. It is important to bring the is put on the people in it. On behalf of the people of concourse of Docklands Stadium into an event so that Broadmeadows and myself, I would like to people there are covered by the same rules and have the acknowledge the member for Hawthorn, his wife Robyn and his family and his commitment to this job,

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which is always tough in many ways and is always position we have in this state, that we build on what has contested. Sometimes in the politics of the day we come before and try to add value as we see it. For all forget the human factor, so I would just like to place those reasons, Labor will not be opposing the bill. The that on the record. point of difference is recognising where there are some gaps and whether the bill can be improved to fill them. I would also like to acknowledge the member for South-West Coast on becoming the next Premier of The bill applies selected crowd management provisions Victoria. It is a great honour. I hope he does the job in to the concourse around Docklands Stadium on days the best interests of the state. I will not take it any when events are held at that stadium. The changes further than that at this stage, but I think it is important create some inconsistencies in dealing with crowd to acknowledge what has happened today. management, which have been raised by the lead speaker for the opposition, the member for Lara. I Getting back to the bill, the debate tonight has in some would like to put them on the record as well. ways been overheated. That is probably a reflection of the emotions of the day. The lack of inclusion or gaps The bill also makes some amendments to ticketing, in the bill is the argument that members of the including that the minister can declare an event as opposition are putting on the record. The purpose of the having to adhere to the conditions of ticketing under the bill is to contribute towards improving crowd behaviour ticketing provisions, which is fair enough. The and safety at major sporting events. We all support that; amendments shift the responsibility for commencing it is not an issue. It extends the reach and impact of the proceedings for an offence from only the secretary of crowd management provisions of the principal act and the department to include the police. That gives them strengthens the powers of authorised officers and police permission to act, so that is fine. to maintain orderly conduct and safety at major sporting events. Again we want to have maintained our The bill increases the number of penalty units that can reputation as the sporting capital of Australia, as one of be imposed for offences. That is something that should the great cities anywhere in the world as far as sport is be looked at, particularly in relation to the issue of concerned. As far as families being able to go to flares. We need to treat that issue with sensitivity, but sporting events is concerned, it is one of the highlights we also need to make sure that we get the right result so of what has happened in Victoria. that people feel safe. That increase in penalties is fair enough, particularly given what has happened recently An honourable member interjected. at some sporting events.

Mr McGUIRE — As one of my colleagues has Labor believes the Victorian code of conduct for said, Labor governments have been part of helping with community sport should be strengthened for clubs right that culture, as have sporting bodies. I note that the across Victoria and not just at an elite level. We are National Rugby League is now trying to make events in asking for this issue to be looked at to make sure that it its code more family friendly. In a way that is an covers sports at not just the elite level and that it applies acknowledgement of the success that the AFL has had to clubs throughout the state. over a long time. We have built this culture. It takes government and major organisations to do so. It is Mr Delahunty — It still will. about cultural positions and how we promote family values and family entertainment propositions. These Mr McGUIRE — The Minister for Sport and issues are important in getting a safe environment for Recreation, who is at the table, says that it still will. We people at sporting events. just want to have these things clarified, so I take his point. The bill adds key Spring Racing Carnival events, Another area of concern is that the bill does not cover including the Melbourne Cup and the Caulfield Cup, to the list of major events covered by crowd management all sport in the state but only certain venues and events. provisions in the principal act. That is a positive This is an issue about which stadiums are covered and proposition. The bill makes some changes to aerial which are not. It would be well within the advertising provisions, with more events included in government’s behest to consider a further investment of that advertising. It also provides that any event that is resources for this to make sure that some stadiums are replayed or rescheduled will be covered under those not left out. protections. They are basic and fundamental One of the other issues is that of regional race meetings propositions that are just part of the evolution of how during the Spring Racing Carnival. We will look to see we look at issues in this state. That is a good bipartisan whether the government will extend the relevant

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provisions to Geelong, Ballarat, Bendigo, Cranbourne, around the Docklands Stadium will now be covered by Mornington and other country and regional racing the crowd management provisions on days on which clubs. Again, looking at how this bill might evolve, I events are held. As the member for Gembrook said, it is call on the Minister for Sport and Recreation to address a unique area, and not only in terms of the stadium these issues in summing up on the bill, Alternatively I itself, because there are also a number of businesses, ask other government speakers to do so. They are restaurants and outlets in the area, as well as a number basically the points of difference between us and the of residents. The bill seeks consistency in the crowd government. They are really just about filling some of management provisions covering both the inside and the gaps and making the bill more inclusive. With that the outside of the stadium. contribution, I commend the bill to the house. Clause 4 replaces references to Bob Jane Stadium with Mr NORTHE (Morwell) — It gives me great the term ‘Lakeside Stadium’ to reflect the pleasure to rise this evening to speak on the Major contemporary name of that precinct. It also amends the Sporting Events Amendment Bill 2013 and to follow definition of ‘prohibited item’ to remove flags and some very interesting contributions by other members. banners over a certain size from the definition. At the The member for Lara spoke very briefly on the bill, the moment we have an issue where venue managers can very articulate member for Gembrook spoke very well through their own conditions of entry control what size on the bill, and I congratulate the member for flags can be admitted into particular stadiums. We are Broadmeadows on the humility and compassion shown making sure that there is some consistency there, while in his contribution. As the Minister for Sport and allowing venue managers to control that. Recreation always says, this government is all about getting more people more active more often, and this Three new offences are created through clauses 6 and 7. bill seeks to do that in part. It is imperative that we The first is an offence of damaging or defacing a protect the integrity of sport and enhance not only the sporting competition space. A sporting competition behaviour of elite sportspeople, which will be done in space can be a playing field, a swimming pool, a court, future bills, but also the actions of crowds and a rink or a pitch. The second is an offence of damaging supporters. or defacing any structure, equipment or a vehicle in a sporting competition space. Unfortunately in recent The bill does a number of different things, including times we have seen some activity, particularly in extending the crowd management provisions of the act A-League soccer games, where chairs or seats have to additional major sporting events and venues, been destroyed. That second offence picks up that type providing further powers to authorised officers in of behaviour, which is not acceptable. The third is a relation to crowd management, providing for new new offence of entering a venue without a ticket or offences and infringements, enhancing banning order authority when a major sporting event is being held. powers, extending the aerial advertising provisions to That is a common-sense provision. In addition to those additional major sporting events and providing further offences, under clause 9 an authorised officer can direct for the enforcement of offences against the sporting a person to leave a venue. event ticketing provisions, as was articulated by the member for Gembrook. The bill also expands the range of offences which can trigger a banning order. Unfortunately on occasions we In recent years the Caulfield Cup and the Melbourne have seen disruptions to major sporting events. These Cup, which are obviously major events on the racing are very serious offences, and committing such an calendar in Victoria, have had to apply for a major offence has serious consequences. If a person is found sporting event order to be covered under the crowd guilty of such an offence, they can receive a banning management provisions of the act. In this bill we are order. There are other offences for which a ban may be seeking to ensure that those two events will be imposed. These include a number of different things, automatically added to the list of Victorian major such as defacing or damaging a sporting competition events covered by the crowd management provisions. space or any structure, equipment or vehicle in a Unfortunately, despite these being major events on the sporting competition space; attempting to enter a venue racing calendar and the event calendar in Victoria, there contrary to a direction under the act; refusing to leave have been some instances over a period of time of an event; or attempting to re-enter after leaving an event unruly and antisocial behaviour, and these provisions venue under direction. There are also provisions in the seek to address that. bill that relate to the requirement to provide a name and address in such circumstances, which I will not The member for Gembrook talked about the uniqueness elaborate on right now. of the Docklands Stadium precinct. The concourse

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The bill also deals with the issue of flares. Again there We also have the regional sports assembly in has been a lot of media attention in recent times about Gippsland, which is very supportive of these projects. the use of flares. Obviously it is a very dangerous Barry ‘Doc’ Switzer and his team do a great job; they practice, and it should not be endorsed or supported. It support the bill. The Doc is well known for his golfing is quite foolhardy behaviour, and while some might see ability, or lack thereof, but he is a very good sports it as fun, it has the potential to cause injuries. The bill administrator. That regional sports assembly is, as I increases penalties around two offences that deal with said, very supportive of the bill, knowing the theme of flares. The penalty for possessing an unlit flare will this government — of getting more people more active increase from 2 penalty units to 5 penalty units, and the more often and of making sure such bodies have the penalty for possessing a lit flare will increase from support of this government through the upgrade of 3 penalty units to 7.5 penalty units. This will send a facilities or through having grants and programs that strong message that unruly crowd behaviour, support not only grassroots sport and recreation but also particularly around the use of flares, will not be major sporting events that are picked up in this field. tolerated. The penalties now reflect the very serious nature of these offences. Business interrupted pursuant to sessional orders. In terms of aerial advertising, we are amending the ADJOURNMENT relevant definition, which is to ensure that events covered will also include any rescheduled event or The SPEAKER — Order! The question is: replay. There have been some major events, which has That the house now adjourns. given us cause to do so — — Crime prevention: government performance An honourable member — The grand final. Mr HOWARD (Ballarat East) — I wish to raise an Mr NORTHE — Yes, the AFL Grand Final. I am issue for the attention of the Premier — the new not sure if the act existed in 1977 at the time of the Premier, I guess, in this case. It relates to the increase in Collingwood-North Melbourne grand final. Obviously crime across my electorate as identified in the latest the Collingwood-St Kilda grand final of recent times crime statistics. I ask that the Premier take real, would have fitted into that category. It is also important balanced action to assist in bringing down this alarming that we have good provisions around aerial advertising. increase. As we have seen in the recently released As the member for Gembrook also noted, the crime statistics for the year 2012, the figures show quite international one day and Twenty20 cricket games at a significant increase in crime in areas of great concern the MCG and the AFL match on Anzac Day are to me, particularly crimes against the person, which I permanently covered by the aerial advertising imagine are a significant area of concern to people provisions, which is very important. The member for across my electorate. In Ballarat, for example, assaults Gembrook also talked about the ticket scalping were up by a little over 22 per cent in the year 2012 provisions or the sports event ticketing provisions: two relative to the year 2011, while in the Moorabool shire, new offences are being created under this bill. Firstly. which also falls partly within my electorate, assaults we will have the prohibition of the sale of five tickets or were up by a staggering 40 per cent. The significant less at a price that is above face value without authority. concern, too, amongst those figures was that family Secondly, the bill will make it illegal to advertise or violence significantly increased, with a figure of 28 per offer for resale five tickets or less at a price above face cent representing the increase in Ballarat and a value, and a maximum of 30 penalty units will apply. staggering 77.5 per cent increase in the family violence crime reported in the Moorabool shire. In closing I take up some comments from the member for Lara. He seemed to suggest that the Victorian I am not one to be alarmist. I try to persuade my government is not committed to sporting facilities, constituents that they should be able to feel safe particularly in regional areas. I do not have enough time wherever they go within the electorate. These figures, to go through them all, but we have many local projects however, must act as a wake-up call to this government. which have been supported. Among a whole host of They show that it is just not good enough to talk tough others, the Traralgon Football Club, the Traralgon on crime and that you have to act in a range of ways to Tyers United Football Netball Club, the Tyers soccer address crime both head-on and, as importantly, also club, the Yallourn North town reserve, the TEDAS work to address the underlying causes of crime. Clearly Junior Football Club and the Ex-students Cricket Club the action this government has taken to date has not have been supported with new or upgraded facilities.

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been successful. We clearly need significant action to trends and in making sure the packaging is attractive take place to bring about a change. and that they are using the best techniques.

As a former teacher, I know that it is important to work In the Yarra Valley they are also very conscious of the to engage all students. As those students move through environment and the use of chemicals and fertilisers, the secondary education system it is also vitally and they are continually monitoring that. It is important that all students are supported on a pathway interesting to see how many of the growers of the to a future. Making cuts to valuable programs, pomme fruit are now enclosing their orchards in nets. A including Reading Recovery, the Victorian certificate lot of that is because of the bats that are coming in their of applied learning and so on, will only see more thousands to the valley to dine on this beautiful produce students falling out of the system. Likewise, cuts to that we are growing for export markets and not because TAFE are going to further add — and have further of bats that have been exported from Queensland. added — to the reduction in opportunities for young people who may not be suited to a mainstream It is very important to preserve the rural atmosphere in academic education. the Yarra Valley, because it really is the lungs of Melbourne. We capture the water in that region, and it Employment is clearly an important issue, as everyone is a beautiful place for tourists but also the residents of who has a job can feel they have opportunities ahead of Melbourne to go. A vibrant agricultural industry in the them to earn an income for their families — to Yarra Valley helps to preserve the rural land and contribute for their families — or to feel valued in what relieves the pressure to develop it into housing. I ask the they are doing. Alternatively, unemployment leads to minister to provide the details of his trip and what greater frustration, and clearly — — successes he can see coming from it.

The SPEAKER — Order! The member’s time has Bushfires: fuel reduction expired. Ms DUNCAN (Macedon) — The matter I wish to Agriculture: export marketing raise is for the attention of the Minister for Bushfire Response — or perhaps to whom it may concern; I am Mrs FYFFE (Evelyn) — My request for action is to not sure. I ask the minister to ensure that our roadsides the Minister for Agriculture and Food Security, and the are managed in a way that will reduce fire risk. I have action I request is that the minister provide me with the met with Macedon Ranges Shire Council in response to details of the benefits from the recent super trade a letter it wrote to me in January expressing its concern mission to the Middle East on which he was about the proposed VicRoads reduction of strategic accompanied by the Minister for Tourism and Major firebreak roadside slashing in the Macedon Ranges. Events. I know that many of the agricultural businesses This reduction in slashing works by VicRoads is a and wineries in my electorate benefited from the trade result of its new bushfire risk assessment program mission to China, and the people of my electorate developed by Terramatrix. would be interested to see what benefits of this recent trade mission to Saudi Arabia and Qatar there were. I ask the minister to speak with the Minister for Roads The businesses that took part in the trade mission to to ensure that this new policy does not lead to increased China have certainly been very busy fulfilling orders, fire risks for areas such as the Macedon Ranges. This is and in fact some of them told me they were the concern of not just the shire council but also the overwhelmed with the number of orders they have Country Fire Authority (CFA) and many local residents received. I am very interested to hear what the minister who have contacted me on this matter. In a letter, the has to say about the benefits that it is believed will flow chair of the Loddon Mallee Regional Strategic Fire from the recent mission. Management Planning Committee said:

Agriculture is a very large employer in the Yarra Valley I regret that your councillors found it necessary to have to in terms of both full-time employment and seasonal and consider this issue about which, I am aware, the municipal fire management planning committee also has serious casual work. It also causes flow-on employment in concerns. I wish to advise that the Regional Strategic Fire hospitality, in retail and in the other aspects of Management Planning Committee executive also shares these value-adding to all the fruit produce grown in the concerns and disappointment. valley. The valley makes some of the best produce in Australia; it is higher premium produce. The growers This letter represents the views of key groups and spend a lot of money in researching the future trends, in individuals who are all extremely concerned that this planting new varieties in sufficient time for those future model is flawed or has been applied in a flawed way. This is not what the 2009 Victorian Bushfires Royal

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Commission intended in its recommendations, and it is In2Cricket competitions; the thriving Fairpark Netball widely seen as a way of masking funding cuts to Club; and the Eastern Lions Senior Football Club, VicRoads. The new Terramatrix model has the effect of which are very strong proponents in the fourth division redistributing resources around the region and has of the eastern division footy league. The reserve resulted in reduced resources in the Macedon Ranges. consists of cricket training nets, a main oval, a secondary oval, two netball courts and a clubroom As members would be aware, the Macedon Ranges is facility. It also encompasses a playground and walking one of the most fire-prone areas in the state. Any and bike tracks. The reserve is used by the many process that deems the fire risk in this area as less than members of these clubs as well as the local community that in neighbouring shires has got to be flawed. There within the Fairpark estate. are three towns in the shire that have been identified as being in the highest risk category. Use of the Floodlighting for this reserve will benefit many local Terramatrix tool has not been endorsed by the local, residents and sports enthusiasts as it will enable these regional or state municipal fire management planning clubs to incorporate night training sessions under lights committees or the council. VicRoads has previously as well as twilight games. The community facility managed our roads in such a way as to reduce the fire funding program minor facility category offers a risk. This change will result in an increased, not a wonderful opportunity for local councils to work decreased, risk. In a unanimous motion in January, the together with their local sporting clubs to improve these council urgently requested that VicRoads immediately important facilities with a co-contribution program. I carry out the same slashing program as in previous am grateful for this funding initiative, as it has allowed years to reduce the risk. many community groups and sporting organisations in my electorate of Ferntree Gully to work together with If one drives along Lancefield Road heading to the local council to improve their facilities. This in turn Melbourne, they can see clearly the difference this new benefits not only members of the clubs directly but also treatment has made between the Macedon Ranges and members of the wider community, who are also able to Hume City Council areas. It is very hard to imagine that use and enjoy the local sporting facilities. I know many the fire risk in the Macedon Ranges could be less than it sporting groups and councils around the state have has been in previous years. Local CFAs often use roads utilised this initiative, and we have seen facility as firebreaks or as points at which they seek to control improvements for many sporting codes. Facilities fires, and they use roadside reserves as the points at which are modern and up to date allow clubs to focus which they back-burn if that is necessary. It is not on the participation of their members. difficult to see the creation of this model as a way to try to cover up budget cuts to VicRoads. I ask the Minister The government has provided significant support for for Bushfire Response to ensure that the sporting facilities throughout my electorate, and the recommendations from the bushfires royal commission minister has visited it many times and has seen are followed in a way that reduces the fire risk to our improvements made with not only $1.5 million to region. install warm-season grass but also upwards of $300 000 to upgrade nine sporting facilities. That has been a boon Fairpark Reserve, Ferntree Gully: floodlighting for many of the clubs, including a $30 000 grant to upgrade the Fairpark facility. Given the importance of Mr WAKELING (Ferntree Gully) — It gives me the upgrades to users of this facility, I call upon the pleasure to raise an important matter with the Minister Minister for Sport and Recreation to update the house for Sport and Recreation, and I am very pleased to see on Knox City Council’s application to provide funding that he is in the house. The action I seek is for the towards the installation of floodlights at Fairpark minister to update the house on the recent funding Reserve and request that the minister give it the application submitted by Knox City Council for consideration it deserves. floodlighting at Fairpark Reserve in Ferntree Gully. The funding application has been submitted through the Roads: funding community facility funding program minor facility category and is for a total of $70 000 to assist with the Mr DONNELLAN (Narre Warren North) — My installation of floodlights at the reserve. adjournment matter tonight is for the Minister for Roads, and the action I seek is for the minister to return Fairpark Reserve is home to many important clubs in the $100 million taken from maintenance funding for my electorate, including the Johnson Park Cricket Club, roads in the last budget. I have been travelling across which is an outstanding cricket club in the Ferntree regional Victoria and have recently noticed a lot of very Gully district league, It has senior, junior and poorly maintained roads. When I was in South

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Gippsland people from VicRoads indicated to me that Fruit fly: control 40 per cent of its funding had been cut, and obviously that affects not only the way it builds but above all the Mr CRISP (Mildura) — I raise a matter for the way it maintains roads. attention of the Minister for Agriculture and Food Security. The action I seek is that the minister update I was fortunate to visit the South Gippsland Highway to my electorate on the status of fruit fly control and what see the potholes, and I was able to hop into one of them measures have been taken to assist industry to deal with because it was so large. Obviously that is a serious fruit fly. A corridor along the Murray River in my safety issue that needs to be addressed. I was also electorate is in the greater Sunraysia pest free area and fortunate to visit the South-West Coast electorate, in the summers of 2011 and 2012 suffered a large which is where the new Premier resides. I visited the number of outbreaks which impacted on the citrus, Woolsthorpe-Heywood Road, which is used by table grape and wine industries. In all my years B-double trucks servicing the dairy and like industries, associated with horticulture I have never seen so many including forestry. As I was driving along, the road outbreaks. When an outbreak occurs restrictions apply disappeared before me, which is a pretty ordinary state to the movement of fruit. Food also needs to be treated of affairs. and paperwork done to the satisfaction of our trading partners. Growers are also required to spray their In the last budget we saw a 60 per cent cut to road orchards, sometimes for months. resurfacing funding in regional Victoria. Further we saw a 50 per cent cut in funding for road resurfacing on I would like to acknowledge the marvellous assistance suburban roads. That was obviously the target, but it is of the Murray Valley Citrus Board in supplying a pretty ordinary way of dealing with our roads. The chemicals to affected growers. This has cost the Murray roads in the South-West Coast electorate are in such a Valley Citrus Board hundreds of thousands of dollars state that they need to be rebuilt because they cannot be over the last three years. The costs to industry, maintained any more. Sunraysia and Victoria of ongoing outbreaks is considerable. The term every fruit grower wants to hear It is fine for the government to talk about Transport after an outbreak is ‘reinstatement’. This means the Accident Commission (TAC) funding, which has been crisis has passed. around for many years and has always been focused on road safety, but it is inappropriate to use that funding to Avoidance is by far the best measure, and as Easter cover up the lack of maintenance that this government approaches we all need to educate the travelling public is applying to roads. TAC funding has always been not to carry fruit into the north-west of the state. Fruit available to governments to be applied to black spots fly is a hitchhiking economic terrorist. Tourists are very and the like, but to suggest that we have a $1 billion welcome; fruit fly is not. Easter is a high-risk, boost to road funding through the TAC is disingenuous, high-consequence time, particularly for the citrus and to have a road safety campaign announced recently industry. All the hard work over summer to gain suggesting that we have funding of $1 billion that reinstatement can be lost in five days. The citrus somehow or other is supposedly coming from the state industry and the Department of Primary Industries will government’s budget but is actually funded by the TAC operate random roadblocks to remind travellers of the is totally disingenuous. seriousness of this pest. We have had several difficult fruit fly seasons, and I seek assurances from the I look at the city of Casey in my local area. We have minister about what has been done and what needs to only had $4 million in the last two years spent on roads, be done to protect my electorate from this pest. which is a pretty appalling record when you compare it to the average of $45 million over the last 10 years of Road safety: Frankston intersection the Labor government. We had $160 million in new roads funding in the last budget for the whole of Mr PERERA (Cranbourne) — I raise a matter for Victoria, which is a pretty ordinary contribution. I the attention of the Minister for Roads and Minister for recently noticed that The Great Southern Star is Public Transport. The action I seek is for the minister to running a sticker campaign to fix our roads, and the upgrade the intersection of Overton Road, Frankston RACV is now running a pothole campaign. The issue is with a number of other roads: Wells Road, Dandenong out there, the public is aware of it and the government Road West, Dandenong Road East and Skye Road. needs to fix it. During 2010 I had the opportunity to work with VicRoads to initiate talks to upgrade this notorious intersection. The intersection borders my electorate of

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Cranbourne. Many motorists in my electorate cross the the world contributes significantly to Victoria’s intersection making their way to areas like Frankston economy. North, Belvedere Park, Skye and Carrum Downs. I have had many residents of Frankston North and its Victoria has a reputation for fresh, clean and green surrounds contact my office to advise me that they have produce that is the envy of other parts of the world and missed appointments, sometimes medical even other parts of our country. Members may not appointments, because of the time they have spent at know this, but I have been to China, and everywhere this intersection. we went in China people wanted dairy produce from Australia and Victoria because it is the cleanest and VicRoads has installed a permanent speed camera at the greenest in the world. This reputation means our intersection, because most people used to speed up to agricultural produce is in high demand, in particular our beat the red lights. After installation of the permanent red meat, grains and dairy produce. speed camera I have come across a few people who have received infringement notices for speeding When it comes to dairy Victoria is Australia’s major through the intersection. producer, contributing more than 80 per cent of the national dairy production. Not only are we the national I recently held a mobile office in the local area and leader but Victoria is also a major player in the global conducted a survey, and this intersection was frequently grass-fed dairy sector. We are at the cutting edge of this raised as a matter that needs to be actioned as soon as sector, rivalled by only perhaps New Zealand. When it possible. At a recent roads forum that I hosted — along comes to exports Victoria’s dairy industry is currently with my parliamentary colleague the member for Narre generating more than $2 billion in exports. Warren North, who is the shadow Minister for Roads, and Frankston City Council representatives — residents The Victorian coalition government recognises the raised this intersection as being in dire need of an significant contribution our dairy industry makes and upgrade. Frankston City Council has also come on also the potential opportunities for this sector to make board in advocating for the upgrade of this, as I said, an even greater contribution. That is why through our notorious intersection, with a formal motion put and Growing Food and Fibre initiative the Victorian unanimously passed on 27 November last year. Even coalition government is investing $14.3 million in the conservative councillors from Frankston City partnering with the industry on research, development Council voted for the motion. and extension aimed at productivity gains.

Unfortunately we have recently seen many casualties of Our grains producers are also at the cutting edge of crashes and many near misses at this intersection. These their sector, continually picking up and investing in the could have been avoided if there was an overpass or an latest research and development to ensure that they are underpass — in other words, grade separation — maximising productivity. In 2010–11 Victorian constructed at the intersection. I wish to put on the growers produced 4.4 million tonnes of wheat, record that I commend the many residents who have 1.9 million tonnes of barley and 476 000 tonnes of raised this much-needed upgrade with me with passion, canola. As with our dairy industry, the Victorian determination and energy. I also commend the many coalition is partnering with the grains sector through the residents who have signed my petition calling on the Growing Food and Fibre program, and we have government to upgrade the intersection as a matter of provided $10.6 million over four years to further boost urgency. I urge the Minister for Roads to support this the productivity and profitability of the grains industry. much-needed upgrade as a matter of urgency. The Victorian coalition is investing in the red meat industry as well. It is driving productivity and growth in Agriculture: export marketing Victoria.

Mr WELLER (Rodney) — The action I seek is for Investment in Victoria’s agricultural sectors is driving a the Minister for Agriculture and Food Security to attend significant increase in export opportunities, and a meeting with producers in Echuca in order to outline encouraging further investment will ensure that in the Victorian coalition government’s strategy for Victoria agriculture continues to prosper. international engagement opportunities. The Minister for Agriculture and Food Security, together with the Taradale Primary School: future Minister for Innovation, Services and Small Business and the Minister for Ports, now the Premier, last week Ms EDWARDS (Bendigo West) — The matter I led a super trade mission to the Middle East. The export raise tonight is for the Minister for Education — that is, of food and fibre to the Middle East and other parts of the current Minister for Education; should that change

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in future it will be for the future Minister for Education. It was disappointing to see the Minister for Education The action I seek is that he write directly to Taradale responding to the school’s concerns with blatant Primary School council with confirmation that the political commentary in recent media reports; however, future of Taradale Primary School is secure and that the to set the record straight on his commentary it should school will not be closed. once again be noted that the previous Liberal-Nationals coalition government in Victoria — of which today’s I request that the minister include in that newly appointed Premier was a member — closed correspondence confirmation that the current principal 380 schools over a very short period of time. will remain at the school and that no further destabilisation of the school will occur through the The devastation of these school closures was palpable replacement of that principal, which would otherwise in small regional communities. The minister may hope mean the school having its fifth principal in six years. I that regional communities have forgotten this attack on know that the Liberal Party understands about their local schools, but I can assure him they have not, destabilisation, having just replaced its Premier after a and it is this memory that has fuelled fears that once short two years. again we have a Liberal-Nationals coalition government that is set on a path of school closures — As the minister is aware, the school council, the even more so after today’s extraordinary events. community of Taradale, the teachers and the parents at the school have been agonising about the future of the Protective services officers: Mordialloc school for a couple of years due to declining electorate enrolments. The uncertainty about the school’s future has served to inflame uncertainty within the broader Ms WREFORD (Mordialloc) — I wish to raise a Taradale community about the school’s future, and this matter for the Deputy Premier and Minister for Police has resulted in many parents not enrolling their children and Emergency Services, and the action I seek is for the at the school. minister to inform the house how the rollout of protective services officers (PSOs) is progressing, with The best way for the community and parents to have particular reference to the likely arrival of PSOs in the this uncertainty ended is for the minister to Mordialloc electorate. categorically commit to keeping the school open — in writing — so that there is no longer rumour and fear Protective services officers — frequently lambasted by within the community about the school closing. Last the out-of-touch Labor Party — are certainly being very year the Department of Education and Early Childhood well received by the community, so much so that in Development indicated that Taradale Primary School Mordialloc I am frequently being asked when we are needed to increase enrolments to guarantee its getting ours. My community wants them. The continuation beyond term 1 of 2013; it has increased its Mordialloc electorate contains two railway stations, and enrolments this year by 200 per cent. another three just over the boundary are heavily utilised by my community. Within the electorate are the The minister will also be aware that I met with a Mordialloc and Parkdale stations, and just across the representative of the Taradale Community Forum last boundary are the Mentone, Cheltenham and Highett week, along with the shadow Minister for Education, stations. the member for Monbulk, as well as representatives of the Taradale school council. The Taradale Community In recent times we have heard how successful the PSO Forum represents 14 town organisations and is program has been. Just yesterday there was a report in recognised as its combined voice. the Waverley Leader about two PSOs who saved a woman’s life by performing cardiopulmonary The Taradale Community Forum has recently been resuscitation. The same PSOs have also detected people involved in the Taradale community planning project, with outstanding arrest warrants, broken up fights, funded by the state government and administered by the calmed difficult drunks and more. Most importantly, Mount Alexander Shire Council. The project aims to they are helping provide a safer environment. support local community engagement and enable communities to articulate their needs and aspirations The communities that have the first PSOs certainly through community action plans. The Taradale appreciate having them. Those that do not have them community action plan has as its no. 1 priority the certainly want them, even in safe Labor electorates retention of Taradale Primary School. where their MPs have continually opposed the idea. In the Mordialloc electorate my community is asking for them. People in the street are looking forward to them.

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People on the trains cannot wait. Parents are eagerly other seasons. A significant effort has been mounted in anticipating their arrival, and the local police have also this regard. expressed to me their enthusiasm for the program to commence shortly. Honourable members interjecting.

The community is looking forward to having greater Mr RYAN — I am pleased to see, apart from safety at our railway stations. They are looking forward anything else, the return of the member for Macedon to to having a safe place they can head to in a hurry should the chamber, and I am pleased that I am able to offer they feel threatened. Some are just looking forward to this general advice to her. having a presence to reduce graffiti at the stations. A recent article in the Age contained some interesting The other matter I want to respond to is that raised by statistics — that is, 1400 people nabbed, 700 drunks the member for Mordialloc. arrested and 500 people with outstanding warrants Ms Duncan — Can you start again? arrested — while three independent surveys have shown that people are feeling safer, especially at night. Mr RYAN — No, you have to be here the first time; Graffiti on trains is down from 60 incidents a month to otherwise you can read about it tomorrow. 18. The catch is that it looks like the crime rate is up, but that is simply because more of the crime that was The member for Mordialloc has raised the very going under the radar is now being detected and important issue of seeking the provision of protective resolved. services officers (PSOs) at the stations in her electorate. This is a cry which is forthcoming again and again from PSOs have been a very big winner for the Victorian so many parts of the public transport system throughout community and for the coalition’s war on crime. That is Victoria, and very particularly from Labor-held why we want them in the Mordialloc electorate, and I electorates as well as from those held by the look forward to a positive response. Liberal-Nationals coalition members in this place. The basic rationale for that is that it is a great idea and it Responses works. We came into the election campaign promising that we would provide 940 more protective services Mr RYAN (Minister for Police and Emergency officers, I might say against the wishes of the Labor Services) — I rise to respond to two matters. One was Party and in circumstances where it trenchantly raised with me by the member for Macedon, who has opposed the development of this proposition. We asked me to intervene in relation to ensuring that nevertheless have succeeded in being able to do it. roadsides are appropriately cleared to reduce fire risks. Unfortunately the member does not seem to be in the I am pleased to say to the member, who I know has house to hear the response. In any event I am sure that campaigned hard around this issue for her local someone from the Labor Party will tell her about it, or community, that we have now reached a point in she can read about it tomorrow in Hansard. Be that as it Victoria where we have 290 PSOs deployed across a may, the real point of this is that I agree with her total of 35 stations. The most recent squad graduated essential concern — that is, that ideally we need to keep last Friday, 1 March. The next squad will graduate on roadsides clear of material which is otherwise going to Friday, 15 March. We will then get past the magical fuel bushfires. number of 300. We are now well on the way to achieving the recruitment of the total number that we Indeed a number of important initiatives are being seek. pursued by the agencies in this regard. A lot of work is being done across local government, combined with the As the member indicated, Victoria Police transit safety Department of Sustainability and Environment and the division activity data indicates that Victoria Police, Country Fire Authority. Local communities have been together with the PSOs, have made about 1400 arrests active in this whole area as well. The intention has been in the past 12 months as a result of the great work they to conduct specialist burns in different locations around are doing and the interaction between the two the state, and that has been achieved in various areas, organisations. The PSOs have apprehended more than reflective of the combined effort of those different 500 people with outstanding warrants, more than entities and organisations. It is something of which I am 700 people for drunkenness and 64 people who were in very aware of course, and with the proliferation of the breach of bail conditions. growth of grass over the course of the season the risk is ever more present than has perhaps been the case in As the member has noted, the feedback about the presence of the PSOs has been nothing less than

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magnificent. As is also well known, and despite the beneficiary of a grant from the state government to commentary often trotted out by the Labor Party, these upgrade its grading and packing facilities so it can PSOs in fact undergo a 12-week training course. They make sure that it presents its product in the best receive exactly the same training in operational tactics possible way. and safety as police, and indeed some of the PSOs are instructors in this important area out at the academy. I can assure the member for Evelyn that the representatives of Wandin Valley Farms on that trade The PSOs are going a great job. They are well mission believed it was very worthwhile spending their recognised by the travelling public for that fact. I am time going to the Middle East. They enjoyed their time pleased to be able to say to the member that with the at Gulfood, even though it was very busy for them, and ongoing recruitment and deployment of the PSOs I am the people who came to the Victorian stand and ate very confident that they will be at the Mordialloc their cherries will definitely be back buying those station in the foreseeable future. Of course these are cherries into the future. issues for the Chief Commissioner of Police, but I am very conscious of the member’s concern to have the The member for Mildura raised the issue of fruit fly. As deployment occur as soon as possible, and we all look the member will well know, it has been a very vexed forward to that happening. issue in northern Victoria, particularly in what is the pest-free area up there, because it is such a critical thing Mr WALSH (Minister for Agriculture and Food for export markets to be fruit fly free. We all know that Security) — The member for Evelyn raised the issue of with the couple of wet summers that we had the the super trade mission to the Middle East. I commend number of fruit fly outbreaks increased in northern the member for the work that she does in her electorate, Victoria, particularly in the area represented by the particularly with the horticulture industry. She has been member for Mildura. a strong advocate for the industry out there. Over time we have done a number of jobs together, such as I inform the member of the excellent work that has addressing planning issues with the Yarra Ranges Shire been done by the Department of Primary Industries Council involving the horticulture industry — for (DPI) in partnership with industries up there — because example, hail netting, which issues the Minister for there is now a partnership between the various industry Planning has resolved satisfactorily for the industry out bodies and the DPI to work on fruit fly control and there. That is a good outcome for the member for there has been a contribution from the industry and the Evelyn. Victorian government — to ensure that quite a few areas have attained fruit fly-free status over the last The member asked about the super trade mission, as I couple of months. Beverford South, Tooleybuc, said. Wandin Valley Farms was one of the participants Beverford, Dareton North, Euston, Kenley, Kenley on that trip with the Minister for Innovation, Services South, Lake Boga, Speewa, Swan Hill North West, Tol and Small Business and the member for South-West Tol, Vinifera and Cabarita North have all attained fruit Coast, who is now the Premier. Representatives of a fly-free status. total of 170 businesses left Victoria on that trip with us. Seventy-five of those businesses were actually food and There are still a number of areas where work is beverage businesses; 45 out of that 170 had never ongoing, but that is an excellent outcome for the exported to the Middle East before, and 27 per cent had Mildura electorate, where the horticulture producers never exported out of Australia. That was an now have fruit fly-free status. Ongoing work is opportunity for quite a few businesses to get out into occurring to make sure that that is maintained. As the those export markets. member said when he raised the issue, we have to be constantly reminding people who are travelling not to Wandin Valley Farms was on the Victorian stand at bring fruit into that area; if they do, they end up Gulfood, which is the biggest food expo in the world, bringing in fruit that has a fruit fly egg in it, it hatches and Wandin Valley Farms had its cherries there. May I and then you have flies being found in the traps. That say they were beautiful cherries — lovely big red Yarra has a huge cost impact on the industry. Valley cherries. The other thing I can inform the member for Mildura For Wandin Valley Farms this follows what was a very about is the fact that Ken Wakefield of Wakefield successful trade mission for it when it accompanied the Transport at Merbein has been successful recently in Premier to China and it opened up some markets there. obtaining a grant of $300 000 from the Victorian It is now looking forward to opening up some markets government to go towards setting up what is called a in the Middle East. Wandin Valley Farms has been a pull-down room there, so that the citrus growers can

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start their cool storage process for disinfestation before ewes on those properties over time and potentially set sending their fruit for export. This saves them a up a processing plant here in Victoria for that meat. For substantial amount of money because previously they those who know the area, one of the company’s major had to transport their fruit to Shepparton to put it in a properties is at Telopea Downs. It is starting major pull-down room before it was then loaded back on a improvements on that property and will undertake what truck to go to Melbourne. What Wakefield Transport is called claying on the sandy soils there to increase has put in place at Merbein, with the assistance of a productivity. The company is also undertaking a major grant from the Victorian government, has meant a pasture improvement program which will see increased significant saving for the industry. production on those properties.

The third issue for me was raised by the member for His Excellency will be in Australia next month with the Rodney, and it was also about the super trade mission Emir of Qatar. I look forward to the opportunity, and I to the Middle East, particularly around the opportunities hope they visit Victoria and see the properties they have for farmers in the member for Rodney’s area and the here. We welcome that sort of investment in this state. opportunities for food and fibre exports out of this state. We welcome the fact that Hassad Food is a very good The member is well known as a dairy farmer in his corporate citizen in the communities in which it invests area, and quite a number of dairy processors were on and is making contributions back to those communities. the trade mission. I had the opportunity to visit a number of supermarkets in the Middle East, and there Mr DIXON (Minister for Education) — As was a strong presence of Bega cheese on the shelves Minister for Education it is a pleasure to respond to the there. Quite a bit of that cheese is made in Tatura, member for Bendigo West’s adjournment item which is adjacent to the member’s electorate. I am sure regarding the future of Taradale Primary School. The that some of the dairy farmers in his electorate supply member was not here before the last election, so I think milk to Tatura for Bega cheese. it is appropriate for me to instruct her about the record of the previous government in closing more than What is probably very important to the member, given 120 schools. I have come across many instances of he is a Murray-Goulburn Cooperative supplier, is the school communities having been tricked, bullied and fact that I had the pleasure, with Gary Helou, the CEO pushed into closing their schools. Promises were made of Murray-Goulburn, to open and announce the that if a school closed down or merged with a school establishment of Murray-Goulburn’s office in Dubai. down the road, there would be a pot of gold at the end This follows on from the opening of Murray-Goulburn of the rainbow. Guess what? About 200 school offices in Japan, Singapore and Vietnam. It also has a communities were promised a pot of gold by the plant in China. Murray-Goulburn is very keen to start previous government. A lot of them were tricked into supplying branded products to the Middle East. With a closing down, and the money never appeared. Many bit of luck some of the milk from the member for communities were let down. No wonder the community Rodney’s dairy farm will become part of the Devondale at Taradale is a bit worried. cheese that is sold in supermarkets in the United Arab Emirates in the future. Just down the road from Taradale Primary School is Eaglehawk Primary School. I know the member and While we were in Qatar we also had the chance to visit the Deputy Leader of the Opposition were at Taradale, Hassad Food, which also has a major presence here in but they did not go down the road to visit Eaglehawk Victoria. We met with the chairman, His Primary School in Bendigo, which the previous Excellency Nasser Mohamed Al Hajri, and some government tried to close down. When there was a members of his senior management team while we change of government the coalition came to the rescue were in Doha. Hassad Food owns a substantial amount of the Eaglehawk community and not only insisted that of property. It has three properties in Victoria totalling that school remain open — the community did not want in excess of 50 000 hectares and is a major sheep it to close — but also funded repairs to the school that breeder in this state. The chairman was keen to point had been neglected by the previous government. That is out to me and the Victorian government delegation that how the Labor government tried to close the school Hassad Food is investing in those properties. He down; it starved it of money. pointed out that the company is a good local citizen, sponsoring local branches of the Country Fire We have got a record of saving education in the Authority and local football clubs in the areas it is in. Bendigo area. I can assure the member that we will not be bullying Taradale Primary School into closing. We Hassad Food is upgrading its properties. It has a will not starve it of funds. Taradale Primary School’s long-term plan to have in excess of 200 000 breeding future is totally secure. It is up to the community

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whether it wants a future for its school. If it does, I am Benefits of this project, as the member said, include more than happy for that school to remain open. It is a increased usage for clubs. They will also be able to great little school, and its ongoing funding and future conduct training under match conditions. However, are totally secure under a Liberal-Nationals coalition more importantly — and this is why I am strongly government. supporting this — it will provide a facility that supports the growth of football and netball, particularly for Mr DELAHUNTY (Minister for Sport and women and juniors, who have been overlooked for Recreation) — I want to begin my response tonight by many years. Importantly, this project will increase first saying to the Minister for Education that I was in safety and accessibility for the people who use the Eaglehawk last Friday, and we gave over $1 million to facilities. upgrade the sporting facilities at a place that had been This is real investment. We are giving record funding to forgotten about by the previous government. community facilities right across Victoria, which is I respond now to the matter raised with me tonight by different from what the shadow Minister for Sport and the member for Ferntree Gully. We all know he is a Recreation, the member for Lara, said today. We are very hardworking, committed and passionate member spending a lot of money on community sport and councils. As I said, this is real investment in sport and for his electorate; he does a lot of work out there. As he recreation, particularly supporting the member for said in his contribution tonight, I have visited the area Ferntree Gully. It is real investment in local economies in company with him and his wife and children on a fair during the construction phase. I congratulate the few occasions. In fact I gave his children ice-creams at member. He has done a great job representing his one event because he would not do it. The member for community. Ferntree Gully is very committed and is representing his community well and doing what he can to ensure Mr KOTSIRAS (Minister for Multicultural Affairs that the sporting facilities in his electorate cater for the and Citizenship) — The member for Cranbourne raised growing demands of people who want to get active in a matter for the attention of the Minister for Roads and sport and recreation. Minister for Public Transport. The action he sought was that the minister provide funding for the upgrade of Tonight he has raised a matter with me in relation to Overton Road, Frankston, and I will refer that matter to Fairpark Reserve in the city of Knox. He is looking for the minister for his attention. support from our community facility funding program, which deals with minor facilities, for the upgrading of The member for Ballarat East raised a matter for the lighting at Fairpark Reserve to cater for not only attention of the Premier. The action he sought was that football but netball as well. My understanding is that the Premier take action to reduce crime in the member’s the netball courts have never had lighting. Probably the electorate, and I will refer that matter to the Premier for only lighting they have had is that from car headlights his attention. pointing onto the netball courts. We as a government The member for Narre Warren North raised a matter for are keen to focus on real growth in sport. We are the attention of the Minister for Roads. The action he focusing on increasing participation as well as on sought was that the minister provide $100 million for women and youth in sport, and we are delivering roads in Victoria. The member is not in the chamber to accessible facilities. It is important that we work with listen to this, which is a shame. He does not care. not only community clubs, as the member mentioned tonight, but also with the Knox City Council. The ACTING SPEAKER (Mr Nardella) — Order! The house is now adjourned. I am pleased to announce that through the minor facilities category of our community facility funding House adjourned 10.50 p.m. program Fairpark Reserve will receive $70 000 for the floodlighting upgrade project. This is in addition to $30 000, which the member had as an election commitment, that has also been delivered through this process. We have also given funding to put in warm season grasses. With the lights we are catering not only for the athletes on the ground but also for netball players. As the member said tonight, it is about giving an opportunity for training and, importantly, for games under lights. With hot weather like that we have at the moment, that will be fantastic.