29 Nov 1996 Ministerial Statement 4687

FRIDAY, 29 NOVEMBER 1996 Euthanasia From Mr Horan (843 signatories) requesting the House to (a) listen to the public, doctors, health carers and religious Mr SPEAKER (Hon. N. J. Turner, Nicklin) organisations who are against euthanasia and read prayers and took the chair at 9.30 a.m. (b) legislate to prevent euthanasia being carried out in Queensland. PRIVILEGE Petition received. Refusal by Opposition to Grant Compassionate Leave PAPER Hon. R. T. CONNOR (Nerang— The following paper was laid on the Minister for Public Works and Housing) table— (9.31 a.m.): I rise on a matter of privilege. I (a) Minister for Health (Mr Horan) wish to put on record that I requested leave Report of the Investigation into Various including question time today on Matters at the Gold Coast Hospital. compassionate grounds. I was refused this request. I believe that all members on both sides of the House and their families are worse MINISTERIAL STATEMENT off as a result of what I believe is somewhat of Mr D. McGreevy a precedent. Hon. R. E. BORBIDGE (Surfers Paradise—Premier) (9.34 a.m.), by leave: Yesterday during question time the Leader of PRIVILEGE the Opposition interjected when I was pointing Refusal by Opposition to Grant out that he had made representations to me Compassionate Leave in respect to a member of his staff who was seeking a voluntary redundancy and the Hon. T. M. MACKENROTH maximisation of his payout. The Leader of the (Chatsworth) (9.32 a.m.): Yesterday in Opposition rose to a point of order and said— question time I asked the Minister for Public Works and Housing a question in regard to the "I rise to a point of order. I find the date on which he had received a report. He remarks of the Premier not only dishonest said that he would find out and get back to but also a gross distortion of the facts and me. Perhaps if the Minister had done that offensive. The Premier tried to sack a before 6 o'clock last night we may have given member of my staff and I sought to him leave. Mr Speaker, I draw to your protect him." attention that I have still not received from the This reinvention of history was itself offensive, Minister that advice in relation to that and I have no alternative but to set the record date—something that would take one minute. straight to prevent any possible In relation to the compassionate grounds misunderstanding by either members of this which the Minister has raised, I draw to the House or the general public. attention of the House the fact that last night I On 6 June this year the Leader of the agreed to allow the Minister's Bill to go Opposition wrote to me regarding a Mr through, and I let it go through the House in Damian McGreevy who was then working in three minutes. We had a number of members his office on secondment from the Department who wished to speak on that Bill on matters of Environment. Mr Beattie pointed out that Mr relating to the Scurr inquiry, and I asked them McGreevy had served in the Public Service for not to speak so that the Minister, on 26 years, and over the past five years had compassionate grounds, could have leave. All been seconded as a senior policy adviser to that we asked from him today was that he be three former Environment Minsters. He then here for question time. I think it is very low that went on to state— he should bring an issue like this into this "Through a career choice to serve Chamber. Government at a political level, Mr McGreevy has, with the change of Government, incurred considerable PETITION financial and classification loss. This, The Clerk announced the receipt of the combined with changed personal following petition— circumstances, has placed both him and his young family in a difficult situation. 4688 Ministerial Statement 29 Nov 1996

Mr McGreevy has for some months weeks until replacement arrangements could now been negotiating at officer level with be made. I will table a copy of both of these his department to secure an early letters. retirement package, all to no avail. I must say that I was more than a little Securement of such a package would concerned about this request. Persons enable him to further his career and accepting a VER package in the public sector resolve his personal financial difficulties." are not normally re-engaged within a 12- The Leader of the Opposition sought my month period without the requirement to repay assistance in securing a voluntary early a proportion of the severance benefits, except retirement package. I will table a copy of this under exceptional circumstances. But I was letter. On 21 June the Leader of the also concerned about the income tax Opposition again wrote to me and said— implications. Firstly, as is well known, "Mr McGreevy has not heard termination payments are taxed at a anything further, and as the 30th June concessional level, and this was one of the fast approaches I thought it best to write main reasons why Mr McGreevy wanted a briefly to you again to indicate the VER package. Secondly, as was also urgency of the matter. mentioned in my correspondence, I was concerned about any potential breach of the If there is any opportunity for you to Taxation Act and regulations which provide for personally ensure that the matter is given penalties for employers and employees where consideration in the next week, it would at "termination time agreement (expressed or be very much appreciated." implied) was in force between the taxpayer I will table a copy of this letter. I wrote to (retrenched employee) and the employer . . . the Leader of the Opposition on 24 June. I to employ the taxpayer after the termination pointed out that a VER package for Mr time". I will table a copy of my response of 8 McGreevy was a matter for the Department of July, in which I reluctantly consented to the Environment but that I had asked the Leader of the Opposition's request. department to investigate the matter From the outset, as this correspondence expeditiously and to assess Mr McGreevy's highlights, I have acted in good faith and in an suitability for a VER package forthwith. In fact, endeavour to assist the Leader of the on the very same day, the acting director- Opposition. The requests made by the Leader general of the department wrote to Mr of the Opposition were somewhat unusual, but McGreevy offering him a VER package with I believe that they were made with the best the following separation entitlements— interests of a longstanding public servant in (1) accrued recreation leave; mind. I responded in kind and in an (2) accrued long service leave; endeavour to help Mr McGreevy in what was a particularly difficult time. The Department of (3) two weeks' pay for every year of Environment also went out of its way to assist service; in this matter by expediting its decision. So I (4) an incentive payment of $6,500 or find it both strange and insulting that the eight weeks' salary, whichever was Leader of the Opposition would claim that I the greater, provided the VER offer tried to sack a member of his staff. In fact, the was accepted within two weeks; and request I received from the Leader of the Opposition, and with the consent of the (5) superannuation entitlements. member of staff involved, was that he be Mr McGreevy responded by a letter dated 25 sacked. June in which he thanked the acting director- Far from me intervening in this matter in a general and accepted it subject to finalisation way which could be construed as contrary to by close of business on Friday, 28 June. the wishes or interests of the staff of the There were still more requests from the Leader of the Opposition, I became involved Opposition. On 2 July the member for only through the repeated requests from the Waterford wrote to the Leader of the Leader of the Opposition for me to intervene. Opposition pointing out that Mr McGreevy was And when I did intervene—on two required by the Opposition to assist it in occasions—he wrote and thanked me. The responding to the Government's firearms Leader of the Opposition has again misled the initiatives. On that very day the Leader of the House, and I regret that in matters such as Opposition again wrote to me. After thanking this he is trying to destroy any semblance of me for my personal intervention in the matter, bipartisan cooperation. He stands condemned he sought my assistance in enabling Mr on all counts. I table relevant documentation. I McGreevy to be appointed for a further three indicate to the Leader of the Opposition that 29 Nov 1996 Ministerial Statement 4689 because of the way that he has played politics strategy consultants retained by the merger with this matter, next time I may not be so planning group found that Suncorp's success cooperative. in blending blanking, insurance and funds Mr BEATTIE: I rise to a point of order. management was impressive by world The Premier has misled the House. What was standards. being done to Mr McGreevy in financial terms As the Australian financial market was in effect to sack him. inevitably becomes more integrated, the Mr SPEAKER: Order! I ask the Leader merged group will have a strategic advantage of the Opposition to state his point of order. that leaves it well placed to compete in an increasingly dynamic financial services market. Mr BEATTIE: The Premier has tried to Reflecting the integration of the financial imply that on this matter Mr McGreevy was not services market, the discussion paper also being put in a position which was adverse to contemplates the rationalisation of the his circumstances; he was. supervisory arrangements. This may result in a Mr SPEAKER: Order! I ask the super regulator that combines the regulatory honourable Leader of the Opposition to functions of the Reserve Bank, the Insurance resume his seat. There is no point of order. and Superannuation Commission, the Australian Financial Institutions Commission and the Australian Securities Commission. At MINISTERIAL STATEMENT the very least, we are likely to see a greater Wallis Inquiry degree of coordination among these Hon. J. M. SHELDON (Caloundra— agencies. Deputy Premier, Treasurer and Minister for F o r th e m e rg e d g ro u p The Arts) (9.41 a.m.), by leave: A discussion Metway/Suncorp/QIDC, which will primarily be paper, being an interim report of the Wallis supervised by the Reserve Bank and the inquiry into the Australian financial system, Insurance and Superannuation Commission, was released yesterday. That discussion paper any rationalisation of supervision must lead to explores the major issues and some of the reduced compliance costs and more efficient options that could be considered in reforming service provision to the general public. the financial system. While we will have to wait to see the final report for more definitive assessments and firm recommendations, the MINISTERIAL STATEMENT discussion paper does set out the broad directions and the general philosophy Queensland Transmission and Supply underlying the committee's approach. Corporation The discussion paper foreshadows a Hon. T. J. G. GILMORE (Tablelands— range of measures aimed at improving the Minister for Mines and Energy) (9.44 a.m.), by efficiency of the financial system. Among leave: There is probably no industry in these are greater contestability and Queensland that touches all of our citizens competition in financial sectors, which more closely than the electricity industry. Since potentially includes allowing financial becoming Minister for Mines and Energy, the institutions to provide a wide range of services. majority of my time has been spent in This is likely to see banks extending services preparing Queensland for the new competitive beyond traditional savings and loans products, electricity market which is already fully and insurance companies providing banking operational in Victoria, with New South Wales type services. not very far behind. In essence, the discussion paper Queensland is a signatory to the national foreshadows a breaking down of the traditional electricity market and, as a prerequisite to its barriers between banking, insurance and full participation, will be achieving internal funds management and a move towards a competitiveness by the second half of 1997. single financial services market. This is With the completion of the interconnector in precisely the trend identified by the Treasury 2001, our electricity generators, distributors task force that recommended the merger of and retailers of electricity will be exposed to Suncorp and the QIDC with Metway Bank the full glare of competitive forces. based on Suncorp's well-developed allfinanz The Electricity Restructure Task Force strategy. which I established earlier this year was given Suncorp has developed the allfinanz the job of recommending what structure would strategy to the most sophisticated level of any best serve Queensland in meeting these financial institution in Australia. Indeed, the tremendous challenges. The report is with me 4690 Ministerial Statement 29 Nov 1996 now and Cabinet will shortly consider available for the provision of infrastructure to recommendations arising from it. remote indigenous communities in The Queensland Transmission and Queensland through my department was Supply Corporation—or QTSC—is responsible $22.5m. In the absence of a for the functions of transmitting, distributing Commonwealth/State strategy, this and retailing electricity from the power station Government has undertaken its own strategic gates to the consumers in industry, in the planning for infrastructure delivery and suburbs and in the outback. We already know together with my department, the that the QTSC's present structure does not fit Departments of Natural Resources and Main it well to meet the competitive forces which are Roads and the Torres Strait Regional Authority about to be unleashed in the State. have developed a total of 34 plans for Accordingly, in giving practical impetus to the indigenous communities throughout need for change, I have today terminated the Queensland. appointments of its current board members. Total Management Plans—or TMPs— A new board is to take up duties effective have been common in mainstream local immediately. The changes are aimed at government for some time, primarily as asset bringing into play new insights, new concepts, management tools for water and sewerage new enthusiasm and a willingness to embrace infrastructure, and the concept has been change, and importantly for Queensland, a far developed further for application to indigenous better regional representation. The new board communities to include drainage, solid waste members are Councillor Gail Nixon, Mayor of disposal and transport-related infrastructure. Bauhinia Shire Council; Mr Andrew Each Total Management Plan contains Greenwood, partner in charge of Brisbane information on the current status of existing legal firm Minter Ellison; Councillor Mario infrastructure, and also documents future Demartini, Mayor of Whitsunday Shire Council, capital requirements over a 10-year time who has had a long involvement in the frame. More importantly, each Total electrical industry; Mr Alan McPherson, a Management Plan outlines an asset consulting engineer and councillor with the management regime for maintaining the Cairns City Council; Mr Tim Crommelin, infrastructure at preset service intervals. Put managing director of the Brisbane firm of simply, this means that for the first time, Morgans Stockbroking Limited; Mr John indigenous communities will be given details of Witheriff, a Gold Coast solicitor who was a what resources are required to maintain their member of the outgoing QTSC board; and infrastructure in working order. Councillor Barry Braithwaite, Mayor of Roma I know this may sound rather obvious, but Town Council, who will be the chairman of the I stress that this information has not been new QTSC board. provided to these communities in the past. I want to put on record the Government's Through the TMP process, it has become appreciation of the contributions made by the obvious that handing out money for capital members of the outgoing board. They took works is not enough. If any tier of Government over the direction of the QTSC when it was set is going to have a significant impact on the up following the corporatisation of the delivery of infrastructure, a coordinated Queensland electricity supply industry in approach must be taken. The issues of January 1995. They have brought it to the recurrent funding and training must also be stage where, with its new directors, I am addressed, and the importance of consultation confident that it is ready to face the challenges with indigenous communities has also of the future in a very strong position and with emerged as a critical issue. some confidence. The data contained in the TMPs took approximately six months of intensive field MINISTERIAL STATEMENT work by teams of consulting engineers to compile. This data has been analysed by my Infrastructure, Aboriginal and Torres department and early in the new year I will be Strait Islander Communities announcing a prioritised methodology that will Hon. D. E. McCAULEY (Callide— target the available funds to the areas of Minister for Local Government and Planning) highest need. It is estimated that $75m over (9.46 a.m.), by leave: I wish to advise the 10 years will be needed for water infrastructure House on the progress made by this alone. Government in providing infrastructure to One of the assessment criterion in my Aboriginal and Torres Strait Islander department's prioritisation methodology is the communities. In 1996-97, the amount ability of the community to maintain the 29 Nov 1996 Criminal Justice Committee 4691 infrastructure once constructed. In the past, our waters and waterways safe. Safety at sea, almost invariably the communities have had on the beach and on our waterways depends neither the money nor the trained personnel to on our volunteer marine rescue services and adequately maintain infrastructure—a problem the selfless commitment of the people that I am pleased to inform this House this involved in these groups. Sadly, these efforts Government is taking measures to redress. are often overlooked by the general public. As I mentioned, consultation is a key We can never become apathetic about the component of negotiations if we are to provide role played by our voluntary marine rescue these communities with proper infrastructure. units. With the Christmas/New Year holiday During the TMP process, each community was season just around the corner, the public presented with drafts of their TMP document, should be more than ever aware of the efforts and they were also asked to nominate what of these volunteer groups. They are there they perceived as their most critical when we need them. It is now up to the infrastructure need, and their assessment will community and Governments to continue to form part of the prioritisation process. support them. Finally, I believe that the TMP approach I know that our surf lifesavers received developed by the Queensland Government some recognition for their efforts this year as provides a basis for skills development within Surf Life Saving Queensland won not only the the Aboriginal and Torres Strait Islander State but also the national award for services communities by indicating what skills are to the tourism industry. I know I speak for needed to maintain the infrastructure around everyone on this side of the House in saying which training programs can be developed that we are committed to these voluntary and, importantly, it also allows for their groups who perform such a great service to all involvement in developing their own Queenslanders. communities. This Government is serious about providing proper facilities, which are ABSENCE OF MINISTER FOR properly maintained, for all Queenslanders, no ENVIRONMENT matter where they live. Mr FITZGERALD (Lockyer—Leader of Government Business) (9.53 a.m.): Mr MINISTERIAL STATEMENT Speaker, I wish to advise the House of the Volunteer Marine Rescue Groups absence of the Minister for Environment. He is chairing a ministerial council meeting today. Hon. M. D. VEIVERS (Southport— Minister for Emergency Services and Minister for Sport) (9.50 a.m.), by leave: Today I would CRIMINAL JUSTICE COMMITTEE like to inform honourable members that this week the State Government has released Courier-Mail Article grants totalling some $1.8m to Queensland's Hon. V. P. LESTER (Keppel) volunteer marine rescue groups. Yesterday I (9.53 a.m.), by leave: On Saturday, 16 had the pleasure of presenting cheques for November 1996 an article by Matthew Franklin around $400,000 each to representatives of appeared on the front page of the Courier-Mail the Australian Volunteer Coast Guard and the titled "CJC to quit major crime fighting role". Volunteer Marine Rescue Association— Amongst other things the article stated— formerly Air Sea Rescue—here at Parliament "CJC officials yesterday asked the House. I also presented a cheque for Parliamentary Criminal Justice Committee $438,000 to representatives from Surf Life to consider handing police full Saving Queensland. responsibility for the joint organised crime The remaining $600,000 will go to 62 task force. They said a $2 million cut individual surf lifesaving clubs situated right imposed by the recent State Budget along the east coast of Queensland, and to meant that the CJC could no longer two Royal Life Saving Society clubs. I feel like properly fund direct involvement in fighting Santa Claus. This funding is part of the State organised crime." Government's Subsidy Funding Program for The article purports to be based upon volunteer marine rescue organisations. In total discussions between the Criminal Justice this program will deliver more than $3.8m to Commission and the committee at a meeting these groups during this financial year. on Friday, 15 November 1996. The meetings This funding is just a small way of the between the PCJC and the CJC are secret State Government saying thank you for the and highly confidential and sensitive material sterling efforts of the volunteers who help keep is discussed. It is of concern to the committee 4692 Questions Without Notice 29 Nov 1996 that such an article purporting to accurately QUESTIONS WITHOUT NOTICE report upon confidential information between Mr P. O'Connor the PCJC and the CJC that emanates from a closed and confidential meeting can be Mr BEATTIE (9.55 a.m.): My first printed. The article in question may give question is to the Minister for Police and members of the public the impression that the Corrective Services. I refer to the Minister's confidential and highly protected matters answer in Parliament yesterday wherein he raised at those private meetings is not said of the Patrick O'Connor secret confidential. consultancy scandal— Mr FITZGERALD: I rise to a point of "This fellow did try to blackmail order. I suggest that the remainder of that me . . ." statement be incorporated in Hansard. He said also— Leave granted. ". . . Mr O'Connor tried to get me to The Committee believes that it is in the public subvert the normal and proper processes interest that any possible unauthorised release and he tried to make me appoint him to a of sensitive material be thoroughly investigated. position." Mr Speaker. Bearing this in mind, on Tuesday Those are the Minister's words. 19 November 1996, the Committee requested from the CJC an urgent report detailing, I point out that it is a criminal offence amongst other things, a list of all telephone punishable by seven years' gaol under section records emanating from within the CJC for a 60 of the Criminal Code for anyone who specified period prior to the joint meeting. "attempts, directly or indirectly, by fraud, or by The CJC was requested to provide the threats or intimidation of any kind, to influence information in a detailed response by 25 a member of the Legislative Assembly". I table November 1996. the relevant section of the Act, and I ask: why The CJC responded to the PCJC on Monday has the Minister not lodged an official 25 November 1996 and advised that the CJC complaint against O'Connor with the Police had appointed a retired Judge to supervise an Commissioner, or any one of the 6,400 internal investigation that was to be conducted serving police officers under his jurisdiction, or by a senior officer from within the CJC into any the CJC? unauthorised release of confidential information. Mr COOPER: I think this question Mr Speaker, this was not what was requested. demonstrates yet again the paucity of The Members of the PCJC unanimously agreed substance in questions coming from the that it is not appropriate for the CJC to Opposition side of the House. The Leader of commence an internal investigation into a the Opposition knows darned well that this possible unauthorised release of sensitive issue has been canvassed more than any information when officers of the CJC itself are subject to that investigation. other issue, and more than it should have been. More attention should be given to I therefore wish to inform the Parliament that on things of a far more substantive nature. This Tuesday 26 November 1996 the Members of clearly demonstrates that it does not matter the PCJC unanimously resolved to refer the investigation of a possible unauthorised leak of how much we do, how open and honest we confidential information to the Director of are, how much documentation we table or Public Prosecutions. how many questions we answer; those The DPP is to oversee an urgent investigation opposite are not satisfied and never will be that will be independently conducted by senior satisfied. As far as I am concerned, no more members of the Queensland Police Force who questions are going to be answered on that have been appointed by the Commissioner of subject. Police specifically for the task. Due to the gravity of the situation both the DPP and the Queensland Police Service agreed to Unemployment; Training Programs commence the investigation immediately. Mr BEATTIE: In directing my second The decision to commence the investigation question to the Treasurer, I turn to the issue of was communicated to the CJC on the same unemployment. I refer to the fact that, despite day. All appropriate correspondence has been Queensland having the highest forwarded to both the Director of Public unemployment rate of any mainland State at Prosecutions and the Commissioner of Police. 10.1 per cent, the Treasurer has scrapped The conduct of the investigation will be entirely funding of $13m for employment programs, independent of both the PCJC and the CJC. including: scrapping the $5m youth A report to Parliament will be presented at the employment service; scrapping the Training completion of the investigation. Employment Queensland program which last 29 Nov 1996 Questions Without Notice 4693 year helped more than 7,000 young where there are some thousands of service unemployed Queenslanders find jobs; wives and children. He was director of obstetric scrapping the Bridging the Gap agency which and gynaecological services in Washington. has helped 11,000 young people in south- Nine per cent of the service's patients were east Queensland find jobs; and scrapping an disadvantaged blacks with high-risk deliveries. employment scheme based at Richmond He has received a number of clinical instructor which has helped 5,000 people in rural of the year awards in America. His special Queensland find jobs. It would be nice if the interests are in the modern techniques of Treasurer actually listened, because we are gynaecological surgery. To take up this concerned about unemployment. I ask: how position in Townsville, he turned down a can the Treasurer scrap these programs position at a major women's health service in targeted at finding Queenslanders jobs when Washington where he would have been in the need has never been greater? And why charge of 27 women's specialists. That is the can she find about $50,000 a day to fund the sort of international experience that we are Connolly inquiry when she will not even cough bringing to Kirwan. up $45,000 a year for the Bridging the Gap It is absolutely amazing that the agency? ignorance and stupidity of the Opposition Mrs SHELDON: The Leader of the spokesperson can be exposed in this regard. Opposition obviously has great difficulty in That shows once again that the lead in the knowing who is the relevant Minister. However, saddlebag that Queensland carries is an I would like to say that the policy of the obstructionist, negative Opposition that does Minister was that we should be providing more everything it can to prevent good, practical training places. I agreed to that. We have improvements. In this case, she is talking funded an extra 16,500 training places in this about a staff specialist who brings much State for young people to be adequately expertise and an opportunity to transfer clinical trained for jobs in the future. knowledge and who has received so much approval and enthusiasm from the staff of the Kirwan Hospital. The other point that she Kirwan Hospital for Women talked about—— Mr SPRINGBORG: In asking a question of the honourable the Minister for Mr SPEAKER: Order! The Minister will refer to "the honourable member", please. Health, I refer to the fact that the shadow Health Minister recently publicly criticised the Mr HORAN: In the letter the honourable qualifications of an American locum staff member also referred to a fifth position that specialist at Townsville's Kirwan Hospital for Labor would provide at the Kirwan Hospital. Women. I ask: would the Minister kindly inform Under Labor, there were three positions. A the House how misinformed these criticisms fourth position was proposed but there was no have proven to be? cash for that position, just a hospital with Mr HORAN: I thank the honourable desperate budget overruns. There was no member for his question. I think if anything money to pay even the wages. The coalition demonstrates the obstruction and the has provided four specialists. When the senior negativity that Queensland is saddled with in director arrives, out of respect for him, the fifth this Labor Opposition it has been this carping position will be arranged. The staff of the criticism by the Opposition Health spokesman hospital want VMO arrangements that could of the American locum currently serving at the provide up to two or three additional people Kirwan Women's Hospital. In a letter to the over and above the four staff specialists who editor this week in the Townsville Daily Bulletin have been recruited already. the Opposition spokeswoman described this The stupidity, ignorance and insensitivity American locum by saying that his enthusiasm of the Opposition spokesperson for Health are cannot replace his obvious lack of experience. unbelievable and once again demonstrate I would like to describe the experience of that the Labor Opposition is lead in the this American locum; the experience that he saddlebags of Queensland. has brought to the Kirwan Women's Hospital. By the time I finish, those opposite will see that he is perhaps one of the best qualified Department of Minister for Public obstetricians and gynaecologists in the world. Works and Housing; Tenders We have him here in Townsville. This Mr ELDER: In directing a question to obstetrician graduated from the Georgetown the Minister for Public Works and Housing, I University in Washington. He served in one of refer to the tender callings from his the biggest US Navy bases in San Francisco department for the period 1 July to 20 4694 Questions Without Notice 29 Nov 1996

November, which I will table for the information commitment to an independent commission of the House, and draw to the attention of the headed by an independent commissioner. I House that the first occasion that tenders were regret that a number of community groups called for the construction of public housing and individuals have been disturbed by a this financial year was on 20 November. I ask: baseless campaign that is being waged by does this inability of his to put in place a members on the other side, which is designed capital works program justify the complaints of to truncate Queensland's effort to overcome other departments that the Public Works and the Commonwealth's refusal to continue to Housing Department is to blame for the delays contribute to human rights administration. in the Government's overall works program? Those people have been led astray by a What will he tell the Premier when he seeks a blatantly—and I emphasise "blatantly"— "please explain" about what remedial action political campaign that has sought to he is planning? misrepresent the Government's position. Mr CONNOR: I think the member I regret to advise the House that the should have conferred a little bit more closely campaign has been orchestrated by the with the previous Minister. As he probably current Queensland Anti-Discrimination knows, the majority of our funding has been Commissioner and the Queensland State moved to community housing. We tripled the manager of the Commonwealth Human Rights funding for community housing. Community and Equal Opportunity Commission, Mr John groups around Queensland have been asked Briton. He is a Commonwealth Government to put forward proposals in relation to that. employee. However, Mr Briton is far from That means that community groups, which are independent. In early 1995, he was appointed very close to the people around Queensland, to his current position after holding similar roles especially in rural and remote areas, have the in Victoria until June 1994. It has just come to opportunity to help us by supplying land and, my knowledge—and I ask members opposite in most cases, 10 per cent of the cost. They to wait for this—that prior to being appointed know exactly where it should go and exactly to that independent position of Anti- what is required. In addition, we completed a Discrimination Commissioner, Mr Briton was $50m priority spot purchase program that the employed in the ministerial office of the then previous Minister put in place. We did it, Attorney-General, Mr Wells, the member for funded it and completed it. We have also put Murrumba, in the latter half of 1994. Of in place 158 HITT program houses. course, the story gets even better—or worse Honourable members might recall that that is depending from which perspective one is done through group training and uses viewing it—because honourable members will apprentices. We also put in place $60m for be shocked to hear that Mr Briton's potential the Aboriginal and Torres Strait Islanders referees were the disgraced Victorian Labor housing program. The honourable member Premier, Joan Kirner, and two Socialist Left does not understand that most of those Ministers, Carolyn Hogg and Maureen Lyster. projects do not go through tender, because One can well ask: was this a factional job pay they do not need to. Already we have off? provided dozens and dozens of houses in However, it gets even better. Members will place such as Thursday Island. They do not be surprised to hear that Mr Briton is now have to have tenders. running around the countryside claiming that the new commission will have difficulties in being independent. Of course, members Queensland Anti-Discrimination opposite claim that the new commission could Commission not be independent and could not give Mr CARROLL: Is the Attorney-General independent attention to the case of Ms Jacki and Minister for Justice aware of concern that Byrne, who claims wrongful dismissal for the proposed Queensland Anti-Discrimination political leanings. One has to ask whether Commission will not be sufficiently Mr Briton can give independent consideration independent from the Queensland to Ms Byrne's claims in view of his past history Government? If so, is there any substance to and his background. Of course, the member those concerns? for Yeronga has led the charge in relation to Mr BEANLAND: I thank the member for that. One has to look at the guilty parties that very good question. I am aware of the opposite. concern, which is totally unfounded, that has The issue goes further. People have been been generated by members on the other racing around this State organising a side of the Chamber. I reiterate the campaign of letter writing. One has only to National/Liberal coalition Government's look at the form letters that have been coming 29 Nov 1996 Questions Without Notice 4695 into my office. I will table a few of them in a Mr BEANLAND: I say to the members moment. One form letter is from Mr Ian opposite: guilty, guilty and guilty. They have McLean, well-known secretary of the been caught out well and truly. Queensland telecommunications union in this State. I have received similar form letters from a host of other people. Q-Build Mr Borbidge: Past president of the Mr MACKENROTH: I ask the Minister Labor Party. for Public Works and Housing: can he explain why Q-Build, a business unit in his Mr BEANLAND: As the Premier department, has on Saturday, 16 November, reminds me, Mr McLean is a past president of and again on Saturday, 23 November, the Labor Party. A blatant campaign is being shouted parties of guests to the $75 per seat waged around the State with form letters musical Phantom of the Opera? Why is the creating commotion, fear and conspiracies, of Minister's department shouting people free which the Labor Party is guilty time and time nights at the Phantom of the Opera? What is again. They are the purveyors of fear and the total cost to date of this extravagance? Did conspiracies in this State. This is a guilty party the Minister approve this waste of taxpayers' if ever there was one. I say succinctly that if we funds? are concerned about the handling of the case of Jacki Byrne or anyone else or whether the Mr CONNOR: I do not know anything new commissioner—— about it. Mr FOLEY: It is out of order for the Minister responsible for the administration of Department of Mines and Energy; the Anti-Discrimination Act to be pre-empting Organisational and Procedural Audit the outcome of a case that is currently before by Ernst and Young the Anti-Discrimination Commission. The Mr HARPER: I ask the Minister for Minister is abusing his position in this House Mines and Energy: is he aware of a report in and abusing the ministerial office that he today's Courier-Mail which claims that the holds. He should refrain from descending into Department of Mines and Energy has been cases currently pending before the Anti- subject to an organisational and procedural Discrimination Commission in respect of the audit by Ernst and Young? If so, would the very Act that he has a duty to administer. Minister please advise the House on the Mr BEANLAND: I say to the member accuracy of the report? for Yeronga: cut out the theatrics. This issue Mr GILMORE: I thank the honourable was raised in this place—and I refer members member for the question. I have been sitting to Hansard—by none other than the member here for a couple of days expecting a question for Yeronga and no-one else. I did not raise to come from the Opposition. Unfortunately, it this issue. This week, this issue was raised in did not come so I had to organise a dorothy this place by the member for Yeronga. I dixer from the Government back bench. believe that it is appropriate and proper that I refute that shameless allegation—because I am aware of this quite accurate report in that is what it is—by the member for Yeronga today's Courier-Mail which, it seems, was in relation to this particular case and reveal the drafted from some documents that were history and background of Mr Briton. handed to the Courier-Mail by the member for Mount Isa. I have to say that this is the most I did not seek to raise this matter. It is only remarkable turn of events. Personally, I was in the past 24 hours that I have been made always of the opinion that exposing one's aware of the full situation in relation to Mr shortcomings in public was the habit of dirty Briton. It was only when I considered the old men in trench coats in parks waving hypocrisy of members opposite of raising this around bags of boiled lollies. I could not issue in the first place and how, in fact, Mr believe that the member for Mount Isa would Briton would be able to consider this be so keen to display his personal situation—— shortcomings in such a public forum as the Mr FOLEY: I rise to a point of order. My Courier-Mail. point of order is that the Opposition quite Clearly, the member was so excited about properly raised the issue of that matter getting his hands on a couple of documents pending so as to invite the Premier to give an from the department that he leaked them assurance. without a moment of thought about the Mr SPEAKER: Order! There is no implications of those actions for himself. If I debate. The member will resume his seat. had thought for one moment that the 4696 Questions Without Notice 29 Nov 1996 honourable member would have acted in such could not know, what my department did or an intemperate way, I would have personally how it did it. In fact, the department was a slipped a copy under his door with a sign on it, disgrace. "Please do not leak." So faced with a Budget disaster and clear To be truthful, I have not made much of a uncertainty in the business community, I took song and dance about this matter because I the only avenue available to me other than was seeking to protect the previous Minister suicide. I commissioned an urgent from himself. However, it appears that the organisational and procedural audit of my man is absolutely determined to be displayed department. Ernst and Young, as a nationally in this public forum as one of the most accredited and quality assured organisation tiresome, incompetent and bumbling and a highly respected firm, were administrators ever to grace the chair of the commissioned to undertake this work. I had Department of Mines and Energy. The report never expected that Ernst and Young would referred to in the Courier-Mail is an absolute reveal such a scrambled, broken down, indictment of the previous Minister and the incompetent tale of woe. I will refer to only two previous Government. Clearly, the honourable examples: 45 per cent of all effort expended in member in his excitement did not read the this department was of an administrative document before he leaked it. Any other nature. Anybody knows that 20 per cent is a person with a shred of decency would have fair standard. Savings of $7m are the likely slunk off into the night and buried the ashes of outcome of this report, and that is not bad out both those documents in the backyard hoping of a budget of only $34m. I will refer to that they would not haunt him later. another example: ministerial correspondence, The report exposes colossal as it goes down through the department, is incompetence. It exposes a department which read by 11 persons, and it is read by no less is demoralised, underfunded, underresourced than five persons coming back. in vital areas, unsure of its role, unsure of its Mr Borbidge: "Sir Humphrey" McGrady. core function, utilising processes that are Mr GILMORE: As I am reminded by the archaic, cumbersome and inefficient; a Premier, "Sir Humphrey" McGrady sat on his department depending to a very great hands and let all of this happen. This occurred degree—— after the department was rearranged no less Mr McGrady interjected. than three times by the previous Mr GILMORE: If I were the member, I administration—three times, and never once really would not interject. It was a department was a proper audit carried out; never once depending on special funding to keep core were people in the department consulted or activities going, depending on special funding listened to; and never once was industry to pay the wages of public servants; it was a consulted or taken into confidence. Rather, department which had lost its way and which the department was the victim of the dreaded had drifted away from providing a competent, "Dr Death" at the PSMC. efficient service to the mining and energy In conclusion—the previous Minister was sectors of this State. and, it seems, remains incompetent. For five However, I have to admit that I was asked years he presided over a disaster and he did about the article and I had better return to not have the wit to know it. Now he has leaked that. I would like to explain to the House how it documents which, in his haste, he thought came about. I am sure that honourable were going to bring me undone. However, all members, particularly members opposite, he has done is emphatically underline his own would remember quite well that the previous years of waste, of trivial focus and of sheer Government left this Government a hole in the incompetence. Budget of absolutely heroic proportions. In the For the information of members, I table formulation of the Budget, every department copies of the report of Stage 1 of the work was requested to determine where savings being done by Ernst and Young. could be made. Savings were suggested in my department amounting to something like Mr SPEAKER: Order! Would the 40 per cent of the budget of the department. Minister finish his answer? In those circumstances, I sought counsel from Mr GILMORE: In conclusion—I a number of sources, including the executive employed Ernst and Young, and I am pleased of the Mining Council. I was told on several that I did. This report is a monument to its occasions that the business and mining professionalism and integrity. I believe that it community did not have any faith in the will long be utilised as a text for future studies department. However, I did not know, and of this kind. 29 Nov 1996 Questions Without Notice 4697

Economic Growth the second half of 1996, it is expected to Mr HAMILL: I refer the Treasurer to the improve in 1997 to meet Budget forecasts. Yellow Pages Small Business Index for Factors underpinning confidence in 1996- November, which shows that Queensland has 97 forecasts for Queensland include a pick up the lowest level of business confidence of any in retail turnover in real trend terms in State—fully 12 per cent below the national Queensland. average—that 86 per cent of Queensland Mr Hamill: Four per cent this year? small businesses believe the economy is at a standstill or in recession, and that only 8 per Mrs SHELDON: The honourable cent of small businesses in Queensland plan member should just listen. He is an to increase their work force over the next 12 embarrassment to himself and to the House. months, and I ask: in view of these alarming There will be a pick up in retail turnover. In statistics, will she reaffirm her Budget forecast real trend terms, retail turnover in Queensland of 4 per cent growth in the State's economy increased by 0.8 per cent in the September this year? quarter 1996, following a growth of 0.6 per Mrs SHELDON: I thank the honourable cent in the June quarter. This compares with a member for his question. It is a couple of days national increase of 0.2 per cent and 0.4 per late, but I thank him for it, anyway. cent respectively. Mr Hamill interjected. New motor vehicle registrations in the September quarter were up by 0.8 per cent on Mrs SHELDON: I will answer it quite well the previous quarter, while nationally they fell if the honourable member will keep quiet and by 0.9 per cent. Motor vehicle registrations listen. As usual, some sections of the media have now risen for the past three consecutive and the Opposition have selectively quoted the report, as indeed Mr Hamill did. quarters. Building approvals in the September quarter increased by 1.8 per cent in Mr Hamill: Are you able to confirm the Queensland, and were down 0.4 per cent figure for the Queensland economy? nationally. The latest quarterly dwelling Mrs SHELDON: The honourable commencement figures show a 3.1 per cent member asks the questions, I answer them. increase in Queensland, compared with a The November 1996 Yellow Pages Small national increase of only 0.3 per cent. Business Index provides a strong indication Employment growth in Queensland that businesses in Queensland are expecting continues to outperform national growth. Since a strong turnaround in economic conditions in February, when the coalition Government took the coming 12 months. office, 35 per cent of all new jobs created in Mr Hamill: We have read it. Australia have been created in Queensland. Mrs SHELDON: The honourable The breaking of the drought in many areas member can read it; these are the facts. and a recovery in the State's agricultural sector will also support growth. The Yellow Pages reports that 47 per cent of respondents anticipate better economic I leave the last word to the President of conditions in the coming 12 months, while only the Property Council of Australia, Angus 10 per cent expect worse conditions. Harvey Ross. He was quoted in the City News of 21 November as saying— Mr Hamill: They say it can't get any worse. "Now we're starting to see confidence in business and businesses have been Mr SPEAKER: It is going to get worse. I prepared to expand." warn the honourable member under 123A. Mrs SHELDON: Can he get any worse, one asks? This means that 90 per cent of Queensland Wine Industry small businesses consider that the economy Mr RADKE: I ask the Minister for will be unchanged or will improve. This Tourism, Small Business and Industry: can he represents a significant turnaround on current inform the House of the initiatives the coalition perceptions, where only 14 per cent of small Government is taking to promote the businesses consider the economy to be in Queensland wine industry? growth mode and 22 per cent reported the Mr T. B. Sullivan: Late night sittings. economy to be in recession. Treasury forecasts economic growth for Queensland of Mr DAVIDSON: After the late night 4 per cent in 1996-97, well above the national sittings I feel as though I have been on the forecast of 3.25 per cent. Although it is red wine. I thank the honourable member for expected that growth in GSP will be modest in Greenslopes for his question. I know he has 4698 Questions Without Notice 29 Nov 1996 had a long interest and involvement in the IndyCarnival, where they will be exposed to Queensland wine industry. thousands of corporate guests and State, Mr FitzGerald: From a number of national and international guests. That has perspectives. been a really great achievement for the industry and I thank the Indy board for Mr DAVIDSON: Yes, from a number of recognising the quality of Queensland wines perspectives. No matter whom I talk to within and allowing them to be the official suppliers the Queensland wine industry, they all speak for the 1997 IndyCarnival. very highly of the member of Greenslopes and his commitment to and involvement in the A couple of weeks ago, we had a wine industry. tasting in my office. Twelve Queensland I know that this subject is dear to the wineries were represented. I invited all hearts of most members in the House. department heads and CEOs of Government Obviously, a previous Minister for Tourism has and many leading business CEOs from done some groundwork in ensuring that the around town. An enormous number of people Queensland wine industry could expand and were exposed to Queensland wines for the grow. I believe that in the last nine months we first time. Their appreciation of the quality of have continued that work at a very fast pace. the wine was unbelievable. One of the leading It has been an absolute pleasure to be restaurateurs in town is now featuring involved in this industry. Queensland wines on the first page of his wine list. That was a really positive outcome. A month or so after I was appointed Minister, I provided the funding for the We will continue to promote Queensland Queensland wine industry to be represented wines. I believe that the industry offers at Australia—— enormous economic potential for the State, both from an industry point of view and, Mr Gibbs: What would you recommend hopefully, in time, from a tourism point of view. to accompany a fine piece of sole? Mr DAVIDSON: The Bald Mountain chardonnay is one of my favourite Dental Waiting Lists Queensland white wines. I provided the funding for the Queensland wine industry to Mr SCHWARTEN: I refer the Minister have a stand at the Wine Australian 96 Expo for Health to his statement reported in the in Sydney. Since then, I cannot believe the Fassifern Guardian on 20 November, in which enormous press coverage of Queensland he claimed that Rockhampton's dental waiting wines throughout the State and throughout list times have been cut to 10 weeks to 12 Australia. Hardly a week or a day goes by weeks. I also refer the Minister to his answer to when I do not get some sort of press clipping question on notice No. 955 in which he said on my desk promoting and recognising the that the waiting times for Rockhampton and quality of wine produced in Queensland. Gladstone were 68.5 weeks. I table a letter from Mr Paul Franks of North Rockhampton in I would like to make members aware of which he says that he has been told that he the importance of this industry and the will have to wait for more than 18 months for enormous potential it offers to Queensland. At dental treatment. I ask: will the Minister agree the moment, it generates around $17m. We that his claims about reduced waiting lists do believe that we can double that figure in the not represent reality? Will he apologise to Mr next three years. As a commitment to the Franks and thousands of other Queenslanders industry of our hope to achieve that we have for his misleading statements about dental appointed a wine project officer to the TSBI waiting lists? office in Toowoomba. That person will be able to work with the industry, the CSIRO, wine Mr HORAN: Was that about dental growers and vineyards throughout Australia to waiting lists or general waiting lists? develop the Queensland wine industry to its Mr Schwarten: Dental. fullest potential. Mr HORAN: Within the area of dental As I said, the department assisted the wine industry in participating in Wine Australia. waiting lists, one of our achievements has This year, at the Australian Small Winemakers been retaining the $10m in funding that the Show held in Stanthorpe, 90 Queensland Federal Government cut from the Budget this wines won 30 medals. That is a fantastic financial year. There is no reduction achievement—our greatest achievement ever. whatsoever in any funding. Queensland wines have also won the right to Mr SPEAKER: The time for questions be the official suppliers for the 1997 has expired. 29 Nov 1996 Ministerial Statement 4699

MINISTERIAL STATEMENT the then Premier's nominee on the Mr D. Barbagallo Information Policy Board. It was this board through which the Government had Hon. R. E. BORBIDGE (Surfers determined it would channel some of the very Paradise—Premier) (10.30 a.m.), by leave: significant funds to DSTC. This was quite an Yesterday during question time the issue of unusual organisation. the manner in which the former Premier's one- time private secretary and closest personal It will help honourable members in adviser, Mr David Barbagallo, became chief following the plot to understand just where executive of the heavily taxpayer subsidised DSTC came from and why it was that the Distributed Systems Technology Centre Government was being asked by Mr housed at the University of Queensland was Barbagallo and others to support it. In the raised by the Government Whip. The question early nineties, the former Federal Labor was raised by the honourable member in the Government determined to provide financial context of the recent attacks on the support to so-called cooperative research Honourable Police Minister and the centres. The Commonwealth wished to Honourable Minister for Public Works and support some 50 of these operations around Housing over a small consultancy—about a the country, typically in tertiary centres where, $10,000 consultancy—paid to a person who with industry, institutional and Government had been adversely mentioned by the CJC. backing, research would be encouraged. The ancient injunction about being the One of the relatively few of these centres first to cast a stone is forever valid. It certainly established in Queensland under the program is in this case. The stone that the Opposition has been the Distributed Systems Technology threw yesterday is a mere pebble against what research operation based at the University of has come to light as a result of our inquiries. I Queensland. Simply put, Distributed Systems dealt with some disturbing aspects of the Technology is the technology of the Barbagallo matter yesterday. Since then, I Net—computer networks. So that is the sort of have had the opportunity to cause a organisation that we are essentially dealing considerably deeper investigation. It has not with. The public funding proposals for this finished. outfit, particularly from the Queensland What I have discovered to date is so Government, were both confused, confusing disturbing in relation to the operations of the and ultimately extremely generous. If Labor office of the former Premier that it is had remained in office and Mr Barbagallo appropriate under all the circumstances to continued to be persuasive, on the evidence make a further statement on the matter and to of the bureaucrats, cash and kind support table a considerable number of documents. could have reached $9m plus. Before I go into this in some detail, I would like Opposition members might like to read to provide the House with a bit of background. what I am about to table. However, it is Mr Barbagallo was, from February 1992 enough for the moment to simply understand until he resigned in November 1993, the that both the Commonwealth and the State principal private secretary to the member for were committed to providing millions of dollars Logan when that member was Premier. Prior to supporting the Distributed Systems to that, from January 1990 to his appointment Technology Centre at the University of as the then Premier's principal private Queensland over a period of several years secretary, he had been a senior policy adviser from 1991. But the Queensland to the Premier, particularly in the area of Government—and this is where it starts to get information technology, which was a role that very interesting—had ultimately placed a he retained as principal private secretary. curious caveat on the provision of significant Immediately prior to that, when the ALP was in elements of its funding to the firm. Opposition, he was an ALP organiser in north In June of 1993, via the Information Queensland. Policy Board, which included Mr Barbagallo, Certainly from the time he became the the Government sought that a number of former Premier's principal private secretary, Mr matters be dealt with by the centre before it Barbagallo was active in seeking to achieve would hand over any of the $375,000 that it very significant levels of taxpayer funding for had suggested would be paid to the centre in an organisation called Distributed Systems 1993-94. It wanted to see the appointment of Technology Centre Pty Ltd. He did this not just a full-time chief executive officer. It wanted to from the key influential position as the see the appointment of a research director, it Premier's personal adviser on information wanted to see the formulation of a business technology issues but equally persuasively as plan and it wanted to see results. 4700 Ministerial Statement 29 Nov 1996

What the Information Policy Board said "$250,000; second year $375,000; third was that Distributed Systems Technology Pty year $500,000." Ltd would get $95,000 for achieving each or The letter establishes that this money, any of these milestones. Conversely, it would discussed by Mr Barbagallo, was to be paid in not get any of the $375,000 if it did not cash grants. It goes on to state that the achieve the milestones. That sets the scene meeting also agreed that project funding "be for the resignation of Mr Barbagallo from the contributed at best endeavours, to the Premier's staff in November 1993. In the same following extent, subject to satisfaction that month that Mr Barbagallo resigned he was agreed outcomes were being met: second appointed to the job of chief executive officer year—$375,000; third year $500,000". of Distributed Systems Technology Centre, with which he had been so intimately engaged So in support from these sources alone, both as an adviser to the Premier and as a which involved the influential positioning of Mr member of the Information Policy Board, Barbagallo, the project was to receive some drumming up cash on—wait for it, Mr $2m. The director-general went on in this letter Speaker—$150,000. In the same breath with to indicate that the latter funding would be which he resigned his role as information underwritten by the department of the man technology adviser to the Premier, lo and whom Mr Barbagallo was carefully advising on behold he gets the very job with the very firm information technology matters. for which he had long sought taxpayer funding The next piece of correspondence that I on almost double the pay he was on with the will table is a letter from June 1993 already Premier. I will table a letter raising concern at referred to, which makes the payment of the the scale of that package from then Prime second-year sum of $375,000 subject to four Minister's Department and related material. conditions. Yesterday the member for Logan The next relevant piece of maintained that it was outrageous to suggest correspondence is Mr Barbagallo's letter of that there was anything improper in this resignation to the then Premier dated 9 extraordinary set of circumstances. He November 1993. It includes the paragraph— purported that it was all very normal and all "I appreciate the trust you have aboveboard. I would humbly suggest that as placed in me over the last six years, the matter unfolds here today—and perhaps particularly in relation to information subsequently—that positioning by the former technology matters. I hope that my Premier will be very, very sorely tested indeed, initiatives in this area continue to serve because it goes on and on and on. the Government well." However, first let us establish beyond any I table Mr Barbagallo's resignation letter, the doubt the key point that Mr Barbagallo was a date of which will shortly be seen to be very champion of establishing strong public funding interesting. for his future and, indeed, his very generous employer. I will table a letter dated 27 May The next piece of correspondence that I 1992 from the then Director-General of the will table is a letter from Mr Barbagallo to the Premier's Department to the then Director- then executive director of the Information General of the Department of Business, Policy Board within the Department of the Industry and Regional Development. It Premier on 15 March 1994. Mr Barbagallo begins— signed the letter as the new $150,000 chief executive officer of Distributed Systems "On March 11 the issue of State Technology. I will table Mr Barbagallo's 14 Government funding for the Distributed October application for the position of chief Systems Technology Centre, which is executive officer of Distributed Systems operating under the Cooperative Technology Centre Pty Ltd. In the letter, Mr Research Centres Program of the Barbagallo has his hand out for the taxpayers' Commonwealth Government, was money that he helped organise for himself discussed between Messrs Barbagallo, when he was at the side of the member for Ford, Luttrell, Parker, Pope and Swan. Logan. It was so brazen that elements of it It"— deserve to be quoted. It begins— the meeting— "I refer to your letter of 18 June regarding Information Policy Board "resolved that DBIRD provide the following funding of the Distributed Systems funding for a three year period: first Technology Centre for year two. year"— The letter defined various which was 1992-93— deliverables that were required by the 29 Nov 1996 Ministerial Statement 4701

Information Policy Board before project Department quickly became increasingly funding would be approved. concerned—increasingly deeply concerned, I am writing to outline progress to and particularly in the wake of Mr Barbagallo's date on these issues and consequently appointment—about whether the Government seek payment according to the terms of was throwing good money after bad into this your letter. venture run by the member for Logan's former principal private secretary. They began to You will be aware that I have been resist the proposition that more public money appointed as the full-time chief executive ought to be put into Mr Barbagallo's company. officer . . ." There were a number of reasons for that There is no doubt the executive director of attitude. The business plan was still not the Information Policy Board would have been complete. The results that the executive well aware of Mr Barbagallo's appointment, director sought by way of a demonstration because he had had to work with him as the model of some information technology were Premier's personal representative on the not happening. And when the plan did finally board—the board which influenced the public emerge, it turned the very concept on which funding that he was receiving! He had been the centre had been based right on its head. on the board as the Premier's personal representative since September of 1990. So The original idea behind it was that the he had the place surrounded. He had all the product, or the intellectual property, that DSTC angles covered. He was the original inside developed would be commercialised—become trader! a money-spinner for shareholders, which of course included the taxpayer. It was The next piece of correspondence that I envisaged in the beginning that academic wish to table is a letter to Mr Barbagallo from research, conducted with the combined brain the executive director of the IPB on 22 March power of four universities and with the help of 1994. In it, the director says— millions of dollars in taxpayers' and corporate "I have today directed that the funds, would generate products and ideas that payment of $190,000 be made to the would be saleable and which would, over time, Distributed Systems Technology Centre reduce the centre's reliance on the public forthwith. This payment is in accordance purse by returning a dividend to taxpayers. But with conditions contained in our letter of instead, under Mr Barbagallo's leadership, 18 June 1993. In particular the payment what the public servants saw was an attempt is in respect of both the appointment of a to simply corral the product and the ideas full-time CEO, and a research director." developed by the centre; they were locked up for the exclusive use of the participants, the The letter also states— club. So the public servants felt that what was "It is also appropriate that I inform happening was that the taxpayers were being you that the board has sought to secure asked to pour millions of dollars into a sort of $500,000 funding for the D.T.S.C. next gigabyte playpen for a few propeller heads year. With the prospects of tighter who would happily take the taxpayers' dollars constraints, I cannot guarantee such and the profits, if any. That is not what the funding, as this will be subject to normal Commonwealth Government had in mind at budgetary considerations, nor can I all. It is not what the public servants involved, indicate whether any conditions will be particularly here in Queensland, thought was attached to any such finding." proper. And it was not what the current Deputy I table that correspondence. I also table page Leader of the Opposition suggested would be 92 of the annual report of the Department of the reason for being of the centre when he the Premier and Cabinet for 1994-95, which opened it for DBIRD as yet another Labor establishes that the payment of $190,000 was Minister. made by the Premier's Department in relation A lot of this thinking by the public to the 1993-94 year and in response to what I servants—and I admire them for their courage suspect was the reluctant undertaking of the and their commitment to probity—was executive director of the IPB. And this is where reflected in a letter prepared by or for one of the money story gets even grubbier. the former Government's other many Ministers I will table any document anybody wishes for DBIRD, in this case the former member for to see in relation to this affair, but for the sake Mulgrave, who told Mr Barbagallo—with some of time, I will paraphrase for honourable bluntness, I might add—that there would be members what was going on. Bear in mind no funding for the centre beyond the 1994-95 that I have the documentation and I can table commitment. I will table that letter, which also it. Bureaucrats in DBIRD and in the Premier's makes the point that, despite the fact that 4702 Privilege 29 Nov 1996 there were, in all, nine cooperative research to the former Premier on the topic sought to centres in Queensland under this top off that allocation, send out the remaining Commonwealth/State program, Mr $185,000. And that was paid, too, because Barbagallo's little outfit received about $2.5m, the annual report of the Premier's Department or more than half the total funds available for for 1994-95 shows the payment for the these centres. More than half for one outfit! financial year totalled $560,000. Clearly, Mr Barbagallo's little baby got millions therefore, another cheque for $185,000 was while the tropical fruit pathology CRC got approved personally by the Premier when he $100,000 all up. Mr Barbagallo's outfit got got the memos sent to him in May 1995 from millions while the alloy and solidification CRC a very senior officer in his department seeking was due to get just $695,000. Mr Barbagallo's that the payment be made before the end of outfit got millions while the cattle and beef the financial year. meat quality CRC got $250,000 all up. Mr I should say again that every attempt was Barbagallo's outfit got millions while the CRC made by the public servants in the Premier's dealing with waste management and pollution Department to sort out the mess and to control was scheduled to get $695,000 all up. establish a proper procedure where it was Almost 90 per cent of these research efforts difficult to find one as far as the saga of had to share less than 50 per cent of the Distributed Systems Technology Pty Ltd and available money! Clearly, as always, it is not Mr Barbagallo was concerned. But as usual, what you know but who you know. Mr with a little help, he found the cream. O'Connor, adversely mentioned by the CJC, can find work worth a few thousand. Two There is a lot more where this came from Ministers and him get attacked and vilified for if honourable members opposite want to get that. But when a person is properly connected down into the gutter, if they want to engage in in the Labor Party, that person can cop an the tactics that they have used against the adverse mention, $150,000 a year and Minister for Police and Corrective Services and against the Minister for Public Works and millions in cash for their outfit! Housing. They should read this documentary But even then, Mr Barbagallo—even after evidence, they should read the documents he had done so very well compared with every that I have tabled today, because this is just other CRC—was not of a mind to give up, to an entree. accept that he had had a very, very good deal indeed from the taxpayer and get on with it. And he knew his mark when he did the Oliver PRIVILEGE Twist impersonation. He went to the former Mr D. Barbagallo member for Mulgrave's colleague the member for Kallangur—yet another DBIRD Minister. He Mr W. K. GOSS (Logan) (10.50 a.m.): bypassed the public servants, who knew what My point of privilege is that the Premier has was going on, and he went back to the Labor made an offer to all members of the House Party, back to the Ministry, and got a more that he will table any document that any sympathetic hearing. I table the member requires. I would like to see correspondence of a Minister who still tabled—and if the Premier does not have it, I recognised where the real power lay. Mr will table it—the minutes of the board meeting Barbagallo also went around the public of DSTC of November 1993. servants, direct to the Treasurer. He got the The reason that is important and I nudge-nudge, wink-wink treatment there, too. I presume the reason the Premier has not table that correspondence. made reference to it—and I would like to see Finally, Mr Barbagallo went back to his old him table it if in fact he has it—is that the mates in the Executive Building. He did not do central allegation involving the two Ministers too badly there, either. Despite the and the central allegation that he made in reservations of some of the most informed relation to Mr Barbagallo was that the public servants, the second tranche of the selection of Mr Barbagallo for the job was 1993-94 money—another $185,000—went off rigged. As these minutes, which I will table if in the mail on 30 November 1994 from the the Premier will not, show, the process was Premier's Department. The first tranche of one of honesty and rigour. This is not Mr 1994-95 money—which several people had Barbagallo's company, as the Premier has fought hard to keep down to $375,000 implied. It is a private sector company with 70 tops—went out in a $185,000 cheque from employees. As I explained yesterday, its board the Premier's Department, despite all the consists of very respected businessmen such reservations that had been expressed, in early as Roy Deicke, and it was Mr Roy Deicke and December 1994. One of the final submissions others who are mentioned in these minutes 29 Nov 1996 Transport (Gladstone East End to Harbour Corridor) Bill 4703 who carried out the final selection process. As McInally land. The Minister assures me, at my I said yesterday, Mr Roy Deicke is one of the insistence, that all possible options have been most conservative and respected fully discussed with Mrs McInally's son and businessmen in this State's history. If Mr that they have been thoroughly evaluated. Borbidge is suggesting the process was In accepting the Minister's assurance on rigged, then he is casting a slur on Mr Deicke, this matter, I put on the record that I have a person who I understand is the uncle of the been led to believe by the Minister that all the Treasurer. proposals have been considered and that Mr BORBIDGE: I am happy for the consideration of those proposals had led to former Premier to table that document. I did this one and only option. I say that because it not because my copies of the documents had was brought to my attention only this morning some notation—— in an article in the Gladstone Observer about Mr Beattie interjected. an offer from Ticor. I assume that the proposals considered included the proposal as Mr BORBIDGE: It is still available. I was discussed by Ticor. just going to explain to the Leader of the Opposition that the document that I had seen Mr Slack interjected. had some notations on it which referred to Mr ELDER: That is fine. That is the first certain other matters. I am quite happy to time I have seen this. I assumed it was one of provide further documentation next week, and the proposals the Minister considered. I accept I am quite happy if the—— those assurances. Mr SPEAKER: Order! We have had Naturally, it concerns members on this enough debate on this issue. side of the House to see residents' rights of judicial review removed from the decision- TRANSPORT (GLADSTONE EAST END making process. As I said, the Minister TO HARBOUR CORRIDOR) BILL advised me that his best advice points to the Government winning any particular case if it Second Reading were lodged for judicial review and that any Debate resumed from 14 November (see review would have been of significant cost to p. 4133). both parties had that course of action been Hon. J. P. ELDER (Capalaba—Deputy taken. In light of that, I accept that assurance Leader of the Opposition) (10.52 a.m.): The from the Minister as well. Labor Party will not be opposing this There is no doubt that losing land such as legislation. We have a number of reservations, this is causing Mrs McInally considerable but on balance we believe the Bill should be distress and in that regard—and I would again passed. A rail loop is necessary to allow QCL accept the Minister's assurances—the efficient access to expand its capacity at its Government is providing—and must provide— Gladstone operations. adequate financial compensation. As I said, The effect of the planned expansion of based on the Minister's assurances—and I roads in the Gladstone area, as many of us have always known him to be a truthful believe, would have been unacceptable and I man—with those issues up front, the am happy to see that the Government has Opposition will be supporting the Bill. adopted this approach. It is already a matter There is another matter I would like the of public record that previous Labor Minister to consider. Concerns have been Governments helped to facilitate the project so raised by local residents about the depletion of that coral dredging could be stopped in ground water around the mine site at Mount Moreton Bay. Much of the land through which Larcom. They say there are significant this rail loop will pass was and is already held environmental issues there which need to be by the Government. In general, the private addressed. No mine operating in this day and land-holders who will lose their land because age can cause such impacts as this on land of the new rail loop have accepted the users without the concerns of those construction. landowners being addressed. The In relation to land-holders who are having Government has to assure those land-holders problems, in particular the McInally family, I that it will allocate the resources to solving the have sought several assurances from the problems of the residents. It has to do the Minister. The Minister has written to me, research and solve the problems if those assuring me that every possible option has problems exist. I would hope that the Minister been considered and that the only viable would do that. In fact, I would say that it would option is the one proposed through the be incumbent upon him as a responsible 4704 Transport (Gladstone East End to Harbour Corridor) Bill 29 Nov 1996

Minister to do it; it would be irresponsible not and Lytton deserved similar treatment for the to do so. Moreton Bay marine park. It is interesting to The residents can be assured that the note that, as far as I am aware, Australia is the Labor Opposition will pursue the issue with only western country that did allow marine vigour if the Government and the company do coral dredging. not fulfil what we would consider to be good- When I was selected as the Labor Party's neighbour obligations. On the basis of what candidate for Lytton in the by-election, I we have been informed and on the basis of thought it was very important that I familiarise the discussion I had with the Minister, we will myself with the issues involved in the be supporting the legislation. electorate in an environmental sense as far as Mr LUCAS (Lytton) (10.57 a.m.): I rise to I could. Unlike any of the other candidates, I support the legislation before the House made it my personal business to inspect the today. However, it is unfortunate that it has islands immediately outside the electorate of come to the need for special legislation for the Lytton, namely Mud Island, St Helena Island acquisition of the land involved. It should be and Green Island, to see what they looked like noted, as my colleague the Deputy Leader of before and after coral dredging. I found that the Opposition pointed out, that in practical most informative. I always suspected that coral terms the Bill merely brings forward an dredging in marine environments was not a acquisition which is within the statutory powers really good idea, but when one actually of Queensland Rail. Having said that, there inspects what has happened to islands such are very legitimate property rights of the as Mud Island, it brings it home in no owners concerned and I would call on the uncertain terms. Government to pay the maximum reasonable For the benefit of honourable members, I and fair compensation involved in acquiring hold up some pictures that were taken on Mud the land. Island prior to the commencement of coral dredging. The photograph at the top of the It is important that the House recognises page shows the island in its original condition. Labor's very proud record in relation to this Below that honourable members will see issue. Prior to the Labor Government pictures of what happened to Mud Island after addressing the issue during the term of the dredging commenced. It looks like something Goss Government, there was open slather one would see in the desert. I table black and coral dredging in Moreton Bay and also, of white photocopy pictures of Mud Island. course, the debacle at Mount Etna. It was through people, principally Tom Burns, that Mr T. B. Sullivan: Have it incorporated great champion and defender of the bay, and in Hansard. through organisations that operate at a local Mr LUCAS: I do not seek leave to table level such as the Australian Marine these pieces of coral, but when I went to Mud Conservation Society, Moreton Bay Branch, Island with Mr Keith Spencer from the Moreton the Bayside Environment Network, and also Bay Protection Society he showed me what aided by some very responsible journalism on happens with the coral. The dredge picks up the part of the Wynnum Herald, that the the dead coral and also dislodges pieces of arguments were argued and the good fight coral which fall to the sea floor. In heavy seas was fought to end coral dredging in Moreton those pieces are washed up against the Bay. island. That has two impacts on the island. Of course, the Goss Government First of all, it rubs against the mangrove trees announced the phase-out by 1997, which in and ringbarks them and kills them; hence the his second-reading speech the Minister photographs. However, it also creates a bund indicates the then Opposition, now all around the island so that salt water cannot Government, supported. It is very important to circulate inside that environment. People who remember that Moreton Bay, being a marine know anything about marine environments environment, is particularly sensitive to the know the importance of mangroves to the degradations and depredations that can take delicate marine ecosystems. place as a result of coral dredging. It is also It is very sad that Mud Island is effectively important to note that it was the Goss destroyed as a life-giving or life-sustaining Government that proclaimed Moreton Bay as force in Moreton Bay. I give notice that one of a marine park. The Goss Government the issues that I intend to pursue in this recognised that, if it was good enough to have Parliament is examining what we can do to no coral dredging on the Great Barrier Reef ensure that Queensland Cement and Lime is marine park, then the men and women, the held responsible for restoring the island to its workers and the fisherpeople of Moreton Bay original state. 29 Nov 1996 Transport (Gladstone East End to Harbour Corridor) Bill 4705

Moreton Bay is a finite resource and a proposals, I have heard of only two individuals unique resource. It has many species of fish who have said that they do not want the and similar sea animals. The bay has a very expansion. One of those individuals made his important dugong colony and a very important statement in the heat of a public meeting. In seagrass colony. The Minister is probably the heat of the moment the man just said, aware that there is a burgeoning bloodworm "Let them go overseas." Neither of those business taking place off Fisherman's Island. persons is directly affected by this Bill. That business has received permission from the Commonwealth Government to export Generally the residents of that district are bloodworms to Japan. It is an economically very supportive of the QCL expansion. sustainable project and one that will earn However, they are concerned about the excellent local returns for businessmen and for impact of that expansion. The reason for the the economy. need for the corridor was primarily predicated by the move by QCL from Darra. The Moreton The Port of Brisbane is the largest port in Bay coral issue has already been cancelled. this State and it is next door to that sensitive The scepticism in the community that is marine environment. I believe that the two can expressed in some of the documents from co-exist in an environmentally responsible way, which I will quote during my speech was bearing in mind increasing technological and generated when the project was announced to scientific innovations. However, some activities be proceeding prior to the completion of the are incompatible with the delicate marine environmental impact study. That was before environment, and coral dredging is one of the July 1995 election. The community was those. I endorse the Goss Government's involved in the EIS process. The normal decision to phase out dredging of Moreton process is that the EIS is completed and it is Bay by 1997. My personal view, and the view then decided whether the project will or will not that I believe is the more correct one, is to proceed. The announcement was made that have an immediate cessation of dredging. the project would go ahead before the EIS The Opposition will be supporting the Bill. process was finalised. It is always unfortunate when there needs to As the member for Lytton mentioned, be site-specific legislation, but I would ask that there have been a lot of problems in the the maximum compensation that is community with regard to negotiations over reasonable and lawful be paid to the water with QCL. This concerns a different individuals involved. I intend to monitor group of residents, but nevertheless it is still a Queensland Cement and Lime's conduct at problem. Landowners in that district feel Mount Larcom. The people in my electorate frustrated. A group of landowners in the East have a real interest in what takes place in their End area have got together to work for their backyard, and the people in Gladstone and own cause. I want to quote from a fax that the surrounding areas have a very distinct and was sent by EEMAG. In part, the fax stated— important interest in what happens at Mount Larcom. "There is an option to move the Mrs CUNNINGHAM (Gladstone) railway loop and line onto QCL owned (11.05 a.m.): Some of the issues relating to land and affect only one landholder who this Bill, namely the land parcels involved in actually does not reside here at East End. the corridor, date back five years at least. Numerous options have been suggested Much of the corridor land was involved in the and the option that this Bill supports has Aldoga land use study. May I say that one of the greatest possible impact on the the unique features of my electorate is the cluster of residents in the East End rural cooperative spirit between business, industry community. Particularly when it must be and the residents in relation to industrial remembered that the railway line shall be development. The situation is no different with used 24 hours a day, seven days a week. regard to this issue. I wish to quote from a (The noise levels—120 dB A) recent Courier-Mail article in which the The resident landowners in this area following statement by Mr Slack appears— have had an ongoing battle for their rights "Most of these landholders agree and social justice issues with QCL and the that the Government has good reasons to Government for the last 20 years! QCL build a railway and have accepted that has been advantaged over the some of their land will be given over for landholders!! This is exemplified by; that purpose." ¥ The Franchise Agreement of 1977 Of all the people who have been involved in or between the Bjelke-Petersen affected by the Queensland Cement and Lime Government and QCL 4706 Transport (Gladstone East End to Harbour Corridor) Bill 29 Nov 1996

¥ The mining warden's property rather than buy land from recommendations pertaining to the Yarwun landowners. case of 1975 being withheld from the . . . landholders and thus preventing any avenue of appeal! Mr Dean"— ¥ The fact that the Special Lease who is leaving his position today— conditions of 1976 had reference to "said the offer had been made to ground water. Yet ground water, Queensland Rail some time ago, but it surface water and the Department of had been ignored." Natural Resources were not included Incidents such as those give landowners a in the draft Terms of Reference for heightened sense of frustration. I am not sure this expansion. The landholders had what is involved in that offer, but I certainly to take on this task, themselves, for encourage the Minister to explore the these to be included. proposal. I acknowledge that both property THERE IS A DEPLETION OF GROUND owners have been approached by the WATER and QCL's policy is continuing to Government for full purchase and dewater their mine pit, and pump the unfortunately those negotiations did not reach water away." an agreed conclusion. That is a summary of the group's concerns. The landowners feel aggrieved and that is The problem at hand is predominantly exacerbated by the situation in which, in their with two landowners. I know that the son of efforts to defend their cause, they have been one of those landowners, Maurie McInally, has denied access to material under FOI. In July, spoken with the member for Fitzroy. Indeed, Queensland Rail wrote back to Mrs Bashford we have had a number of conversations about and stated— the issue. The land owned by these land- "Insofar as Queensland Rail is holders is affected by the QCL rail line concerned, Section 199 of the Transport between the QCL mine and the Fisherman's Infrastructure Act 1994 (copy enclosed) Landing cement plant. One of the land- provides that the Freedom of Information holders is Mrs McInally. She is a lady in her Act does not apply to a document eighties. She was born on the property. received or brought into existence by a Indeed, the Minister and I visited her property transport Government Owned Corporation and the first thing she did was show us the (GOC) in carrying out its 'excluded room in which she was born. She has a very activities'. This Section of the Act then strong, long-term link with the property. defines 'excluded activities' as Mr Elder: It was a good chocolate cake. 'commercial activities'." Mrs CUNNINGHAM: I know. That was It is really a conglomeration or mixture of hospitality gone wrong, unfortunately. It was a incidents and issues that have created that gooey cake. I picked it, but it was terrible. We very volatile sense of frustration, particularly thought we were doing a really neighbourly with those two landowners in relation to the rail thing. Mrs McInally was born on the property, line and the other landowners surrounding the she raised her family on the property, and she mine in relation to water. Initially, in relation to is still there. the water issue, I had been talking to landowners and then the company. From both At the other end of the loop line is Mrs perspectives, there appeared to be some Christina Bashford. Mrs Bashford is a good progress being made. Unfortunately, a pensioner. She has a significant gravel letter from QCL to the landowners exploded resource on her property. More importantly, any confidence. The situation has deteriorated her home site will be approximately 300 since then. The company has given no metres from the train line. Given the regularity concrete assurances; there has been a lot of of the train trips, her quality of life will be "Trust me, we'll look after you". However, significantly impacted upon. because of what has happened over 20 years Mr Bashford's frustration is heightened by and the baggage that that has brought, the a recent news article in the Observer which landowners want more than assurances; they stated— want to see concrete undertakings—pardon "Ticor"— the pun—by the company to not only say, "You'll be right for water" but also something which is a sodium cyanide plant— that is definite that states, "And this is how we "is offering the State Government the will do it." Cost will come into it, but where opportunity to build a rail spur through its does the viability of a person's farm and a 29 Nov 1996 Transport (Gladstone East End to Harbour Corridor) Bill 4707 person's investment in a farm end? Water is right to local government planning appeals; it the farm. Where the company is will remove from them the fundamental right of depleting—and in some instances totally judicial review. On that basis it must be of eradicating—water supplies to properties, that concern to this House. must be a serious consideration for primarily Hon. D. J. SLACK (Burnett—Minister the company but also Government. for Economic Development and Trade and I acknowledge that both Calliope Shire Minister Assisting the Premier) (11.17 a.m.), in Council and Gladstone City Council support reply: I thank the members who have spoken the proposed process, that is, the passing of on this legislation before the House for their this Bill and the taking of that land. I reiterate positive contributions. I particularly thank the that the landowners themselves are not Opposition for its support of the legislation and against the project. Although I, too, support for its acceptance of the reasons for the the need for wise development in our region legislation as explained by the member for and I recognise that we have probably the Capalaba. My department and I have briefed best infrastructure, the best service availability members of the Opposition on the issues that and the best community environment in the are involved in the legislation before the Gladstone/Calliope area of anywhere, I cannot House. As the member for Gladstone has support the removal of the landowners' indicated, I have spent some time with the fundamental rights to appeal or judicial review. member for Gladstone and with the people Only a few months ago in this House we who have objected to the proposals for the approved legislation that had a similar impact resumption of their land—the two instances on the Morayfield shopping centre that have been referred to—in trying to resolve development. We removed the final judicial this matter. review rights of an opposing developer who I thank the member for Gladstone for her wanted to use judicial review, we believed, to contribution in the attempts that we have delay the Morayfield project. In that instance, made to resolve the issue. As has been said the developer had been through all the local by the Deputy Leader of the Opposition, we government appeal provisions and had had a believe that all the avenues that were open to significant opportunity to have his day in court. us have been exhausted, except to allow the From recollection, in each of the instances the current judicial review provisions to operate, appeal of the owner of the existing shops was which was an option. The problem with that overturned in favour of the Morayfield option, and this has been explained to the developers. The judicial review freedoms of member for Gladstone, is that we are the owner of the existing shops were limited operating within a time frame. That time frame because he had had his "day in court". puts an onus on us to have that railway line However, these people have had no commenced and completed within a certain opportunity. They have had discussions—and time. I am advised that, if we were to allow the perhaps, from the Minister's perspective, they judicial review provisions to operate, it would have been endless discussions—on options take at least six months for that appeal to be that are available to them. However, to my heard in the court system. During that time, as knowledge they have not had any formal I stated in my second-reading speech to the appeal opportunities, because the process Parliament, we would run certain risks. As a has not reached that point. I reiterate that Minister—and I know the Opposition also feels neither the principal people, that is, the two this way—I cannot put taxpayers at risk. The landowners who are specifically involved in the other risk, which we supported, related to railway line, nor the landowners at QCL whose environmental issues in Moreton Bay. They water supply will be affected oppose the have been outlined quite well by the member development. I have not heard that. Nor do for Lytton. At the end of the day, having the vast majority of people in the district object exhausted all avenues to try to resolve those to the development, nor do they wish to stop issues with the two land-holders involved, we it. They want development to be done and felt that that was the only course left to us they want it to be done sensitively. However, under the circumstances. I am pleased that they want justice to be done. It is on that basis the Opposition has acknowledged that. I that they have significant concern about the believe that the member for Gladstone also passing of this Bill to remove their rights of understands the issues involved. judicial review. It could cost considerably more money to I reiterate that the Minister has spent a lot the taxpayers to have an alteration to the line. of time in the area talking to them, but that That is what we are facing. In our negotiations does not deny the fact that, in this instance, with Mrs McInally and her son Maurice, we this Bill will remove from them the fundamental pointed out that we have made every effort to 4708 Transport (Gladstone East End to Harbour Corridor) Bill 29 Nov 1996 relocate the line on their property to cause the ended up with. In all fairness, I believe that we least amount of disruption to their property have arrived at a fair solution to this particular and the least amount of noise and dust. The issue. line was moved from the originally suggested The issue in relation to water has been location—at considerable envisaged cost—to raised. I know that that has been an ongoing accommodate it at the extremities of the issue. I have had representations on this property. I reiterate that the line is not in a particular issue, as has the Natural Resources position to threaten the house or the position Minister. Currently, the community liaison in which Mrs McInally now lives. That is the group, which has been in place for 10 months reason that we arrived at this position. to 12 months, is addressing ground water The issue of the spur at the Ticor facility issues. That group consists of members of the was raised. At the moment, a press document community group and QCL, and they are is circulating in the Parliament about that. My working through the water issues. The comment to that option is that it has been Government is represented on that group by under consideration for a number of months. officers of the Department of Natural However, it is a spur line; it is not an alternative Resources and the Department of Mines and line. The spur would be an extension off the Energy. EEMAG members are also loop as it is currently designed in the location represented on the community liaison group. currently proposed. As I said, officers from Water Resources and the Department of Mines and Energy are Mr Elder interjected. included in that group in an advisory capacity. Mr SLACK: Yes, off the loop. Early The member for Gladstone raised the consideration was given to taking a direct issue of the FOI provisions. I point out that route past the Ticor plant to the QCL plant but they do not apply to QR as it is a commercial this was a more expensive option from a entity. However, information has been made construction perspective than accessing the available on request from my department. I Ticor plant via the QCL plant. A spur to the have spoken to Maurice McInally and I have Ticor plant would be in addition to the loop at forwarded to him information relating to the QCL plant, not a replacement for it. Had a alternative routes, our costings and all of those direct route to Ticor been adopted, there sorts of things. As far as I am aware, and to would still be a need to resume land from my satisfaction, I have at all times been up other land-holders not currently affected. front with him. I explained the options to him, There would be a big cost involved. It has one of which was this option as a last resort. I been considered and it has been dismissed as say that, to us as a Government, it is a last a possibility. The map that has been supplied resort. I believe that I did everything that I with the briefing that I have just received could to try to resolve this issue without having makes it fairly obvious that that is the way that to come to the Parliament to resolve it. I it would naturally go as a spur line off the loop believe that, in respect of judicial review, that is that is currently being proposed to be the ultimate solution to some of these constructed to service the QCL area. problems. We came into the Parliament with the proposal and the Parliament has had time In respect of the compensation factors to look at it. That is one of the reasons why we that were raised by the member for Gladstone, did not introduce this legislation while the the member for Lytton and the member for pressure was on, which we could have done. Capalaba—yes, there is no question that the We believed that the legislation should lie on Government is looking to pay adequate and the table because there were some important fair compensation. Because of the sensitivities issues involved that affect us all, and we do in this area, I have instructed my officers that, not like to see the consideration of those if they are to err, they are to err on the side of issues transgressed. However, the generosity. As members would acknowledge, circumstances were such that I believe that that instruction has been given and it was the Opposition supports the Bill, which is given some time ago. The Government did appreciated and recognised from the look at options of purchasing various areas of Government's point of view. the property—all of those sorts of issues were Motion agreed to. looked at. In actual fact, nine alternative routes were proposed to try to overcome the problems that we were to encounter. However, Committee apart from the one that we went away from to Hon D. J. Slack (Burnett—Minister for protect the McInally's interest, they were all Economic Development and Trade and considerably more expensive and considerably Minister Assisting the Premier) in charge of the more expensive than the one that we have Bill. 29 Nov 1996 Natural Resources Legislation Amendment Bill 4709

Clauses 1 to 6, as read, agreed to. Notes to the Natural Resources Legislation Clause 7— Amendment Bill 1996, which is presently before the House, have been amended by Mrs CUNNINGHAM (11.26 a.m.): I omitting paragraph (n) on page 7 for the have a question of the Minister. I ask this proposed section 25N of the Bill and inserting question on behalf of one landowner, Mrs the following words as circulated to McInally. She is an aged lady who is very members— emotionally attached to her property and the retention of her property. Mrs Bashford is "(n) The effect of section 25N is to younger, and she has had some significant 'freeze' the prescribed actions and assistance in making her representations. I matters (with exception) at a time a notice acknowledge that Maurie McInally, Mrs is issued. This means that the status of McInally's son, has been helping her in her those actions and matters remains static representations, as has her daughter, Theresa or consistent until such time as a plan is Derrington. approved or the Minister gives notice of an intention not to proceed further toward This clause relates to access to land. I making a water management plan." know that even throughout the process to date, Mrs McInally has found it very difficult to accept that there has even been a lease over NATURAL RESOURCES LEGISLATION her property. She has found it difficult to AMENDMENT BILL accept the legal implications of that lease. I Second Reading ask the Minister if he would give some consideration as to the manner by which that Debate resumed from 30 October (see land is accessed by not only members of this p. 3662). department but also the other people Mr PALASZCZUK (Inala) (11.30 a.m.): involved. There are three virtually pristine regions in the State. One of those is the Channel Country, I know that this is a legal clause but, when whilst the other two are Cape York and the applying this access provision, I ask the Minister to consider not only Mrs McInally's Gulf of Carpentaria. Queensland's Channel age but also her emotional attachment to the Country holds a unique place in the early land. history and exploration of our country. The region supports a well-established cattle Mr SLACK: I thank the member for industry and is also abundant in native fauna Gladstone for her contribution. I understand and flora. It is totally unsuitable for irrigation as Mrs McInally's position. I recognise what the it is arid, and the potential environmental member is saying. The department has no impacts of an irrigation proposal, its health intention to in any way usurp any of the rights risks and impacts on the established cattle of the McInally family. It will give every industry are all unknowns. consideration to the delicate position that Mrs McInally is in. The member can have my As the shadow Minister for Natural assurances on that. Resources I have visited the region, inspected the proposed site of the irrigation project and Clause 7, as read, agreed to. met with members of the Coopers Creek Clauses 8 to 11, as read, agreed to. Protection Group and other locals. The visit further strengthened my resolve to fight the Schedules 1 to 4, as read, agreed to. project all the way. It is my contention that the Bill reported, without amendment. Channel Country's future lies in beef cattle production and both eco and cultural heritage tourism. Irrigated cotton growing is Third Reading incompatible with all of these. Bill, on motion of Mr Slack, by leave, read At this stage, it is important that I inform a third time. the House about the grazing property at the centre of the current controversy. Currareva is MINISTERIAL STATEMENT a grazing property near Coopers Creek, around 10 kilometres north of Windorah. It has Amendment to National Resources a preferential pastoral lease with approval for Legislation Amendment Bill 1996 grazing and agriculture, although grazing is Explanatory Notes the only industry that has been carried out in Hon. H. W. T. HOBBS (Warrego— this region over the past century. Currareva Minister for Natural Resources) (11.30 a.m.), has two existing irrigation licences to irrigate by leave: I wish to advise that the Explanatory from the Coopers Creek. Both licences were 4710 Natural Resources Legislation Amendment Bill 29 Nov 1996 issued in 1983. There are four subartesian residents who offered their opposition to the bores licensed for stock watering. The present this cotton-growing proposal. I well remember owners of Currareva property propose to install my first meeting at the Windorah general store eight pumps on Coopers Creek to irrigate over with Sandy Kidd, Bob Morrish and Bill Scott. I 2,000 hectares for cotton and other summer was accompanied by the honourable member crops. for Mackay and the honourable member for Why the new owners would even consider Maryborough. irrigation in a region that is devoted to the From the first instance, I was impressed production of beef and wool escapes me. with the commitment of the locals to their Perhaps these people, who are interlopers country. After all, Sandy Kidd, being a fifth from New South Wales, hold very little regard generation grazier, certainly knows the area for the local pastoralists. They believed that very well. These people, together with like- they could sneak the proposal through, minded supporters, formed the Coopers Creek without any resistance from the local Protection Group, whose charter is to defeat producers. How wrong they were! The local the proposed irrigation program. They producers would not be bullied or intimidated. organised protest meetings, they set up a They formed a protest group and took the fighting fund, produced press releases and put fight to the southerners in a manner that was together two major events to get the message unheard of in the west. The west united as across to the Queensland Government and one against this proposal. The meetings of Australia as a whole. cattlemen in Queensland's west focused The first event was to gather prominent attention on the proposal to grow cotton in scientists from around Australia at Windorah their beloved Channel Country. They from 3 to 5 September to discuss the threat to recognised that the irrigation proposal could the Coopers Creek system from cotton potentially change the nature of inland irrigation. To a person, the scientists Australia for all time. They could see the area's recommended that the Queensland clean, green beef image destroyed, its wildlife Government reject the proposed cotton placed at threat and its tourism potential growing project for Currareva. They said that, stalled. They also knew what had happened to as one of the last great unregulated rivers in the Macquarie Marshes in western New South the world, the Cooper is far too precious to be Wales as a result of a similar irrigated cotton given up to irrigation and that its production is proposal. a national obligation. They also said that all This proposal came at a time when future intensive agriculture projects involving Queensland's western graziers had just cultivation and/or irrigation on Lake Eyre basin completed a market research tour of Japan. rivers be rejected and that an interstate Lake They were there to test the market for the sale Eyre basin catchment management structure of natural grass fattened beef—beef produced with appropriate resources and powers to in an area stretching from Thargomindah to ensure the long-term ecological integrity of the Birdsville. With the recent mad cow disease basin be established. This is one of the few scare in England and its resultant decline in times that conservationists, scientists and the beef market worldwide, producers from the cattle producers rubbed shoulders and worked Channel Country were on the threshold of together towards the common goal of rejecting marketing their product as a clean, green this cotton-growing proposal. product. I understand that the delegation was Credit must be given to the Queensland well received by the Japanese market, which Conservation Council for its contribution was overawed by the fact that the beef is towards the final outcome of the protests, naturally chemical free—it has no herbicides, it culminating in the debate on the Bill today. has no pesticides and no fertilisers are used. The final protest was held at the Barcoo Imagine what the Japanese buyer would think festival which included activities on Friday, if he or she discovered that cotton and its Saturday and Sunday. Honourable members resultant pesticides would be produced side- would be surprised to know that Windorah, by-side with cattle production? Their belief in with a population of 65 and growing, was able that beef would be killed off forever. Chemicals to promote a bush poetry reading activity on used in cotton production are not compatible the banks of the Coopers Creek, which with the clean, green image that the region attracted well over 300 people. The images of has worked so hard to develop. that night, the excitement and the passion will Over the past six months, I have made stay in my mind for many years, and I am three trips to Endora, a couple to Quilpie, and quite sure they will also stay in the mind of my one each to Thargomindah, Cunnamulla and colleague the honourable member for Birdsville. Each time, I met with concerned Bundaberg. 29 Nov 1996 Natural Resources Legislation Amendment Bill 4711

The highlight of the evening was when even prepared to nominate as an the winner of the children's poetry section Independent at the next State election. I passionately recited her own poem on how understand that graingrowers from around the cotton growing would destroy her beloved Dalby area were prepared to back Sandy Kidd country. She is a young primary student from with substantial sums of money to fight his Thargomindah who understands fully the campaign—moneys in the vicinity of potentially destructive impact of irrigation in her $100,000. Knowing Sandy Kidd, I believe that region. On Saturday morning, the main street he would have either gone very close to of Windorah became the focus of another defeating or would have defeated the Minister protest with 121 mounted horsemen and for Natural Resources. However, I certainly women involved. hope that the Minister for Natural Resources will not take the opportunity during this debate Mr Carroll: Are we going to hear the to berate Sandy Kidd; if he does, he will do so horse poem? at his peril. Mr PALASZCZUK: If the honourable However, sanity prevailed and the Minister member for Mansfield thinks that this is such a finally capitulated and announced the laughing matter, I seriously suggest that he introduction of this Bill. The Minister also took reconsiders his position. He is fast gaining a the unusual step in writing a direct mail letter reputation in the House for being its clown. He to his constituents to explain his position in should change his mind and his opinions, and June. This did nothing to ease the fears of the become a responsible member of the producers throughout the Channel Country. I Parliament. believe the Minister was badly advised, and as Mr TANTI: I rise to a point of order. I do a result the producers there hurt for months. not want Frank Carroll taking my title. There are times when it is not wise to take the Mr SPEAKER: Order! There is no point counsel of departmental officers. At times, it is of order. wise to think for oneself and to make one's own decision. Mr PALASZCZUK: Helen Rickett, the Coopers Creek Protection Group secretary, What did this do to the people in the said— Channel Country? Firstly, the phones rang hot, the fax machines worked overtime and the "This protest was one of the most energies of the people living there, instead of successful visual statements made by being directed towards cattle production, were opponents of the scheme. It really directed to fighting a campaign against a brought together a lot of people who had cotton irrigation proposal. I understand that concerns." many of the phone bills of the cattle producers I agree with those sentiments. I do not believe have gone up by thousands of dollars over the that this State or country will ever be treated to past six months. We have to remember that such a sight again. phone calls to those regions are all STD. These people deserve an apology from the Finally, at the protest rally, the many Government for the heartbreak that was speakers included Senator Robert Hill, brought on them by a Government that is Vaughan Johnson and me. We all voiced our really supposed to look after them. opposition to the scheme. Unfortunately, the Minister for Natural Resources was not at that I will quote the Minister from an article by protest rally. At that meeting, I announced that David Fagan which appeared in the Australian the Labor Party in Opposition would consider on 13 September 1996. He stated— introducing a private member's Bill to ensure a ". . . it's all very well for scientists and result in the interests of the cattle producers. I environmentalists to oppose the was supported by the Minister for Transport, Currareva application but they must back the honourable member for Gregory, and the their opinions with solid facts. The issue community there. That is basically a brief will be decided on fact and not emotion." history of the events that led to the debate on I will also quote a letter published in this Bill today. Queensland Country Life on Thursday, 14 However, I believe at this stage that the November 1996. The letter was sent from actions of the Minister for Natural Resources somebody in New South Wales and, on this issue need to be noted. I believe that therefore, we can probably gauge the feelings in his own mind he was against the cotton- of the person who wrote it. It states— growing proposal but sent out the wrong "Sir: So the Minister for Natural signals to the cattle producers. He whipped up Resources, Howard Hobbs, finally bowed such a backlash against himself that one of to political pressure and canned the the true icons of the west, Sandy Kidd, was Windorah cotton project. 4712 Natural Resources Legislation Amendment Bill 29 Nov 1996

What a pity for Queensland and did see sense, and we will support him in this Australia. The screws must have been piece of legislation. We will be raising a few really tightened as he evidently didn't issues during the Committee stage. even wait for the final departmental Mr CAMPBELL (Bundaberg) report. (11.48 a.m.): I congratulate our spokesman on Then there are the victors. the speech he made on the Channel Country No doubt the champagne corks were cotton fiasco, as he called it. popping at the cattle graziers' celebration Mr Grice: Did you check this out with barbecue and the metropolitan Terry? Are you right? environmentalists luncheon featuring Mr CAMPBELL: It is all right—no cucumber sandwiches, all for what? worries at all. So that the environmentalists can An honourable member interjected. notch up another halted (for the time being) job and wealth creation project, Mr CAMPBELL: I suppose that we all and the graziers can relax back into their need help, especially members on the 1920s time warp of low value beef Government back bench. Given the questions production. being directed to the Ministers, they need a lot of help. What price on entrepreneurial, innovative development projects of any I appreciate that the Minister made a type, in Queensland now? ministerial statement before the second- reading debate to foreshadow the —Barry E Dugan, Trangie, NSW." amendments that would be moved by the The message that I would like to send to Barry Government. That forewarning was E. Dugan, of Trangie, New South Wales, is: appreciated by members of the Opposition. yes, people in the Channel Country, in The agricultural activities proposed for the Brisbane, in Queensland and in places as far Channel Country were inappropriate activities away as Western Australia celebrated. for that area. Similar examples can be found Mr Campbell: And South Australia. in many parts of Queensland. We have to be very vigilant in protecting the environment. Of Mr PALASZCZUK: And South all Australian States, Queensland now has the Australia. It was a great victory for reputation of having the largest area of land commonsense and the cattle producers. damaged through inappropriate agricultural The Opposition will not oppose the Bill but practices, soil erosion, water erosion and so will support it. In conclusion, I wish to quote an on. We should be taking more care to prevent article which appeared in the North inappropriate agricultural activities. Queensland Register on 28 November 1996. It is very difficult to tell land-holders what The first couple of paragraphs really sum up they can and cannot do. It is very difficult to how the Minister performed in dealing with this wave the big stick. I do not think we can do problem in the Channel Country. It states— that. However, when land-holders and primary "National Party Minister Howard producers want to participate in Government Hobbs has had his ups and downs ever assistance schemes—to receive the benefit of since he took over the reins of the Natural various subsidies, grants and programs—if Resources Department after the they are not undertaking appropriate Mundingburra by-election. agricultural activities, they should not be able His biggest 'down' would have had to to participate in those schemes. I know that it have been the Cooper Creek cotton is very hard to tell people what they can and fiasco which saw him having to say "no" cannot do. But we should not be supporting to an application from NSW cotton through Government assistance activities that growers to farm the crop on Cooper Creek could be regarded as being not in the best near Windorah. interests of the environment. This was after Mr Hobbs had allowed This Bill continues the great work done by the consortium the luxury of thinking that the Labor Government. Over the years some they were going to get a free and easy superb legislation was introduced in this area, ride from the Queensland Government. which is a major management problem in There was embarrassment on both terms of our rivers. In recent years we saw the sides." introduction of the integrated catchment management strategy. I believe that these That basically sums up the performance of the water management strategies, programs and Minister in this fiasco. However, the Minister plans are a further development of the 29 Nov 1996 Natural Resources Legislation Amendment Bill 4713 integrated catchment management strategy. Mr CAMPBELL: Is that right? They We participated in the Murray-Darling obviously have a very lovely taste—they are cooperation agreement, which had and will sweet and attractive! continue to have a significant impact on water Mr Palaszczuk: That also happened quality. We undertook to improve the rural with the Bundaberg tartan. Queensland water supply. Many areas, especially remote areas, participated in that Mr CAMPBELL: We would like to have scheme. a Bundaberg tartan, if not a Queensland tartan, in time. The Great Artesian Basin Rehabilitation Program was another very significant policy There has also been significant that was introduced to protect our Great population growth. This has caused even Artesian resources. I just hope that it has not higher demands on the limited resource of come too late, because some of the artesian water. When the coalition parties were in bores are suffering reduced flows. In addition, Opposition they claimed that nothing was we undertook management of riverine being done for irrigation in Queensland. The vegetation. All those initiatives helped to initiatives that I have outlined already illustrate improve water quality and enhanced the the significant policy input by Labor into protection of our rivers. ensuring the proper management of irrigation and our rivers. In addition to those, the Sugar This amendment Bill will see the Industry Infrastructure Package put millions introduction of approved water management and millions of dollars into irrigation. The plans for a nominated area. That is an Russell Mulgrave Water Management Project important step. The problem with irrigation and put just over $2m into irrigation in that area management of our rivers is that in just about and resulted in the formation of a water board. every area of Queensland where irrigation The Murray Valley Infrastructure/Riversdale occurs there is overallocation of water. The Water Management Program was a $10m- demands by various irrigators may have plus irrigation program for the expansion and caused these problems, and the fact that the protection of sugar production. The Herbert department was not strong enough also Water Management and Expansion Program, contributed to them. In Bundaberg irrigators which involved two schemes, resulted in close are now on 50 per cent of their allocation to $6m of development in this area. The because the dam is so low—the water is just project resulted in the amalgamation of four not there. I appreciate that the Walla weir has existing water boards: Ripple Creek, been given the final go-ahead and will Foresthome, Mandam and Loder Creek. hopefully be constructed over the next two There was also the Klondyke-Lilliesmere years. But it will not make any difference to the Irrigation Program of just on $1m which allocations in that area; it will only give more participated in the expansion of the sugar security to the allocations that have already industry, with the North Burdekin Water Board been provided. accepting responsibility for the program. In The allocations under the Bundaberg Queensland there are now something like 73 irrigation scheme were based on 1970 sugar river improvement trusts, water boards or assignments and the vegetable-growing drainage boards all participating in what I hope industry that existed at that time. The problem is the appropriate protection of our rivers. is that there has been a significant increase in The Sandy Creek Irrigation Project was a sugar assignments. More significantly, there close to quarter of a million dollar irrigation has been a massive increase in the project, with the responsibility given to the horticultural industries, which have high South Burdekin Water Board. The Teemburra irrigation needs. Bundaberg is now the largest Creek Irrigation Project was the major program tomato-growing centre in Queensland and, I under the Sugar Industry Infrastructure believe, Australia. In one year the region Package. It involved a $60m-plus program to produced 6 million cases of tomatoes. We are allow the Pioneer Valley Water Board to also getting quite a reputation for orchard facilitate expansion in that area. The Small crops, mangoes, avocados—all of which Weirs Irrigation Project was allocated require water. The demands for this limited $400,000 and involved the Geeberga and resource are becoming higher. Because of Narpi Weir projects. That was another past pressures the existing allocations are important program. In Bundaberg there were overallocated. two major projects. The first is the Walla Weir Mr Gibbs: Did you know that in southern Irrigation Project, which has now been markets people actually refer to them as the allocated close to $14m. Hopefully, Campbell tomato? construction will be undertaken this financial 4714 Natural Resources Legislation Amendment Bill 29 Nov 1996 year. The second project was the initiatives. The negatives of these increased development of the Avondale Irrigation water-holding capacities is the impact on Scheme, which saw water provided to cane landowners whose properties are threatened farmers in that area. The other interesting by inundation. The department has to come project under the Sugar Industry Infrastructure up with adequate financial compensation for Package was the Eli Creek Effluent Irrigation those producers. There will also be opposition Project under which water was able to be from environmentalists as time goes on. Th e utilised for irrigation after treatment. other concern for landowners in the immediate I know that debate is still occurring over area of the resources of those downstream the definition of "a person aggrieved" and from the storage is the way that water will be "dissatisfied person". I hope that we can clear allocated. I understand that the Water that up to ensure that very clear information is Resources division intends to auction water given and that all appropriate people are able licences. This could mean those closest to the to lodge appeals under this legislation. Overall, source will not benefit because they will be this legislation is a further step in the right outbidded by those who have established their direction. I know that it is very much needed. irrigation infrastructure and who have the We support this amendment to the Natural capital to pay the high prices. This means that Resources Act. those who have built up their properties along the river will not be any better off. Despite Mr PEARCE (Fitzroy) (12 noon): In rising having land with enormous agriculture to support the previous two speakers, I say to potential, they will not be able to access the members in this place who do not really know water because the enterprises with the big central Queensland that it is one of the most dollars will simply buy up the allocations. important export-earning areas of the State. Not only do we have extensive coal mining; we This is unfair for producers in my area also have beef, grain, cotton, citrus and many because I believe that access to water should other primary industries. Mining and be on the basis of equity. I am a little bit agricultural operations are dependent upon a disappointed that the National Party is ignoring reliable water supply, so there is a need to the needs of its own constituents in allowing a look at new dams and increasing the holding system of sale to favour the cotton growers capacities of existing dams and weirs. and the citrus fruit producers of the Emerald area who are already well established, who I have a major concern about the have the dollars and who will be able to outbid downstream environmental impacts and I think those people downstream, particularly at a we have to be vigilant in our monitoring of time when rural areas are trying to recover environmental degradation of the streams and from a long drought. rivers in our State. The decisions that we make today will impact on the environment of People need to understand that an tomorrow with devastating effects, and we increased storage capacity at Bedford Weir must be conscious of the decisions that we near Blackwater will not necessarily benefit the make. producers in that particular area. It means that less water will have to be released from I want to raise a couple of issues that Fairbairn Dam to top up downstream water concern me and the landowners who live storages such as Bedford Weir. This means along river systems in my electorate and other that there is more water for sale at the top areas of central Queensland. The Isaac River, end. As I said, this is unfair on downstream Nagoa, Comet Mackenzie, Dawson, Don and water users, in particular landowners who rely a number of major creeks all feed into the on water from the river system. I do not think Fitzroy River which runs through my electorate the department should underestimate this, and through the City of Rockhampton. The because I believe it will become a big issue. department has approved the installation of The increased storage capacity of weirs only an inflatable crest on the existing Bedford Weir extends the supply reliability to those current and is considering a similar project for the users of the water in the weir. Bingegang Weir downstream from the Bedford This brings me to what is a major problem Weir. The increase in height by approximately in the provision of water for mining, agriculture three metres will enable extra water to be and urban needs, that is, water allocation. I made available in the Nagoa/Mackenzie River would like to look at a few of the current system. problems. Despite the potential, water is a A positive outcome of additional water will major limiting factor to development in central provide opportunity for an increase in Queensland in agriculture such as cotton and agriculture, jobs and economic benefits for the peanuts, and in the coalmining industry, with region. We must support those types of consideration for big developments like the 29 Nov 1996 Natural Resources Legislation Amendment Bill 4715

BHP ammonium nitrate plant, coalbed not support transfer of water allocations for methane, the power station and the cotton profit. As part of a property sale, I say that is gin—all those things that have significant more acceptable, but if a transfer offers economic benefit for the region. opportunity for development of, say, a major The Water Resources division of the project such as a mine, then it should be Department of Natural Resources has a supported because it provides opportunity for monopoly on the ownership and the jobs and economic benefits for the region. management of water. It is not under any real What are the solutions? In the short term, threat to perform. Management decisions from we should clearly identify the safe yield of Brisbane have been influenced by what I each water resource system, for example, call—without any disrespect to the Fairbairn Dam and the Mackenzie River departmental people in the lobby—yuppie section, and make departmental officers bureaucrats. Local water advisory committees accountable for overallocation. We should can only make a recommendation to the clearly identify the total allocations of each Water Resources division, and frequently they system and allocate them with the intent of are overruled by the department here in sustaining the supply for the maximum period Brisbane. Local water boards should be during extended rain-free periods. We should considered in order to gain some cost allow water allocations to be sold between improvements via the local management of rural users and industrial mining users and, as the water resource. part of the transaction, we would surrender a Sustainable allocations of water means portion of the allocation, which would help to allocations only within the safe yield of the reduce the overallocation. That is one way of system. This principle has not been practised pulling back that overallocation of which I have by the Water Resources division of the been speaking. Department of Natural Resources since 1990, Subsidy payments to farmers to use new when it introduced a 75 per cent reliability irrigation technologies have led to a saving in allocation policy. This conflicts with section water of up to 40 per cent, but there should be 4.18 of the Water Resources Act. As to provision to trade back or buy back some overallocation—75 per cent reliability is 25 per allocation in return for Government subsidy. cent greater allocation than the safe yield, and We should buy back licences where licences this causes rivers, dams and weirs to fail in dry are not being properly utilised and help reduce years. Good rainfall years become average the overallocation. We should build additional yield years and average rainfall years become water storages, not little weirs. Central just sufficient years. Queensland can cope with big dams because Large irrigators who have purchased extra the grazing land is cheap and there is little water allocation since 1990 have essentially environmental damage. A rubber bladder for a taken water from all the small and medium weir is expensive in the long term because of water users. Large irrigators can cope with the the short life of the bladder. Large dams on 75 per cent reliability because they have large major tributaries of the Fitzroy River will allow quantities of water and manage their farms to recalculation of the safe yield of each section suit, while small irrigators who have not of the system, which makes more water purchased extra water since 1990 have had available on the Upper Mackenzie above the their usable water reduced with no junctions of the Comet and Dawson Rivers. In compensation. The Water Resources division saying that, I reinstate my position on the of the Department of Natural Resources has environmental impact of downstream creeks told the owners of small and medium-sized and river systems. We cannot ignore the farms that if they want their reliable water possible impacts. supply again, they will have to pay for the new For the long term we should offer water weirs and dams. allocation licences as "reliable" and The proposed water price is too high. The "opportunity"; that is, that the total reliable Water Resources division wants to make a allocations are within the "safe yield" and profit from the rural sector. The rural sector are opportunity licences would be similar to water price takers, not price setters. The whole harvesting licences where water could only be Australian economy relies on cheap primary pumped in good and average rainfall years products. Local water boards could operate when there is extra water flowing down the better and more cheaply. The Water system. Resources division is holding up industry I believe that mismanagement of our projects by not allowing farmers to sell their water resources is one of the greatest threats water allocations to industry. I personally do to both the environment and our competitive 4716 Natural Resources Legislation Amendment Bill 29 Nov 1996 agricultural advantage. During the current up to and about the safe yield. At the same drought many of the State's dams and rivers time, the New South Wales Department of have failed. This situation has primarily been Water Resources had implemented an caused by overallocation and not drought overallocation policy for cotton farmers in the alone. These dams were originally designed to north west of that State with reasonable overcome droughts—and in the 1960s we had success, but only because the weather one of the worst droughts in recent patterns were reasonable. decades—but overallocation greater than the The Water Resources division saw "safe yields" has caused them to fail more reduced reliability or overallocation as a simple quickly. In turn, overallocation is resulting in means to sell water allocations without having unsustainable farming practices and rural to construct expensive water conservation hardship. One cannot simply presume that structures. Unfortunately, it appears that the dams will be topped up on a regular basis. department undertook little, if any, research on Weather pattern history confirms that this is a an overallocation policy, and the stupid and unsustainable way of allocating consequences of water resource failures, water. farming profitability, etc., were not taken into Currently the Queensland Department of consideration. The Water Resources division Natural Resources—formerly the Water believes that it had consulted the public, but it Resources division of the Department of did not produce any public documentation, Primary Industries—is implementing a policy of had not sought public comment and had not allocating water resources, both surface and received ministerial approvals. The division ground water, with reliability down to 75 per consulted only irrigators, and even then the cent. That means that the quantity of water policy was discussed with only the large allocated is 25 per cent in excess of the safe irrigators who had both the finances and yield of the particular water resource such as planning to purchase extra "nominal" the local river, creek or groundwater aquifer. allocations in excess of their normal needs. Last year, DPI released a discussion paper When water resources were scarce those large titled "The Sustainable Use and Management irrigators could still survive on the small of Queensland's Natural Resources" which amount of "announced" allocation. mentions water allocations but does not recognise the problems of overallocation or The small irrigators, who traditionally had unreliable supply and does not provide any adequate allocation and did not see any need basic undertaking of allocations within safe to purchase extra allocation for no foreseeable yields to ensure sustainable water benefit, have now come to realise that the management goals. So the department reliability of their allocation has been severely responsible for water resources still refuses to reduced and their traditional allocation licences apply principles that are accountable and are not worth the paper they are written on. As achievable. well as that, the division does not admit to any responsibility for causing this mess. One might ask: why does the department responsible for water resources do this? One In effect, the department has knowingly might say that the answer is to create a water and deliberately driven water resources to fail. market where we have supply and demand This causes rural hardship, conflict and versus water prices. Classic economic theory unsustainable farming practices and has indicates that a resource in short supply will increased the need for Government attract a higher market price. One really has to assistance during times of drought. In reality, question the credibility of that principle. the amount of funds that the department has gained from overallocation is far exceeded by This policy came about some six years the economic consequences of the failure of ago because a few yuppie DPI bureaucrats water resources. were convinced that all farmers and water users could tolerate some failure of their water One might ask: why does DNR continue sources. At that time the weather patterns to do this? One might answer that DNR stands were reasonable and there were adequate to reap huge income from increased water water resources available. Therefore the risk of prices. It is easier than dragging funds out of water resource failure had been low. Treasury. We all know how difficult that is. I Traditionally the then Queensland Water believe that senior DNR staff are out of touch Resources Commission—then the Water with ordinary rural Queensland and are taking Resources division of the Department of advantage of inexperienced city-based Primary Industries and now the Department of politicians in Queensland. Traditionally, many Natural Resources—had been reasonably water conservation structures have been conservative by only allocating water resources constructed on the basis of political decisions 29 Nov 1996 Natural Resources Legislation Amendment Bill 4717 supporting development projects and with little reply: I would like to thank Opposition engineering planning required. members for their cooperation. I also thank However, the Queensland Government the shadow Minister for his support for this now has a reasonably tough policy on funding legislation. Obviously it is a very sensitive and water conservation/resource projects in that it important issue for the Channel Country. I requires sound social, environmental and respect that. One of the important things that economic planning. Water Resources is everybody must remember is that there was struggling to come to grips with the notion of no choice in the way the matter was handled. sustainable use, development and planning. I We have a legislative process which is the law am afraid the department is going to have to of the land. That is what I have to uphold. The come to grips with it very quickly. previous Minister for Primary Industries also found himself in exactly the same position. Traditionally, the price of rural water has Some might say that I had been given a been based on a "beneficiary pays" system, hospital pass. That was a legislative namely sharing economic cost/benefits in the responsibility that I had to carry through. whole State by obtaining primary products as cheaply as possible and maintaining a At the end of the day, we have been able competitive advantage. The diversity and to do the right thing by the people of magnitude of the State's economy has been Queensland. We upheld the law of the land. I built on this cost/benefit sharing principle. If believe that the fair and just thing has DNR implements a pure user-pays system of happened. Upholding the law and due increased rural water prices—increased process have enabled everybody on both primary product cost—then naturally our sides of the argument—the developers and secondary industries may seek cheaper the landowners in that particular case—to put primary products from alternative sources. A their point of view fairly so that, at the end of user-pays water price system appears day, judgments can be made. Therefore, reckless. It is a too narrow economic view of a there was no embarrassment on my behalf. I State resource and it is not supported by felt a lot of pressure to make a decision. Had I economic research. Indeed, none of the made a decision earlier, due process would existing water infrastructure and subsequent have been circumvented. I do not believe that projects throughout the State would have I, as a responsible Minister, could possibly been developed under a user-pays system. have done that under any circumstances. In summary, I would like to see this issue The member for Bundaberg talked about raised within the department because I believe land damage and Queensland's reputation. It that sustainable irrigation practices are under is difficult to understand why that is the case. great threat in Queensland and in New South In the past, a lot of pressure has been applied Wales by overallocation of water resources. I by those in the conservation movement who believe that farmers can tolerate have spread many rumours about environmental flows and other water Queensland in relation to inappropriate management procedures if they can be activities, such as tree clearing and dam assured of obtaining the water allocations that building. I believe that we have come well they pay for. Farmers would be better able to beyond that, particularly now that we are in the plan their crops and their businesses and process of conducting the regional forest strive to achieve sustainable land use assessment. practices if fundamental issues such as Mr Gibbs: Whatever happened to all reliability of water resources were not so those Green people—the people from the important to their survival. conservation movement? In closing, I say to the Minister, "Don't let Mr HOBBS: They are presently following the people in the department hoodwink you the progress of our tree-clearing guidelines. over this issue of allocations". It is a serious Those guidelines will be put in place with or matter with serious consequences and it would without the support of the conservation be a foolish Minister who sat on his hands and movement. We would prefer to have their did nothing. As a member representing a rural support; however, sustainable guidelines will area who will have a lot of graziers affected by be put in place just as the regional forest the future water policies of the department, I assessment will be conducted. assure the Minister that I will be watching what Future irrigation areas will be assessed. If happens very closely because I will be out there is any possibility of salinity in those areas there defending their rights to have water. or potential damage, we will try to limit the Hon. H. W. T. HOBBS (Warrego— amount of irrigation that is allowed in those Minister for Natural Resources) (12.09 p.m.), in regions. We do not want to follow what 4718 Natural Resources Legislation Amendment Bill 29 Nov 1996 happened to the lands surrounding the Mr Pearce: The upstream ones, Murray-Darling system or other areas where because they have already got the money salinity is possible—salinity that degrades our and the infrastructure in place. lands. Mr HOBBS: That could be the case but, The member for Bundaberg mentioned by the same token, when water property rights water allocation. Many areas are not come in, that will also allow the smaller guy to overallocated; we have just been through buy water as well. That will have an effect both some dreadful droughts. On average, the ways. When water is sold by auction, we want water is there. Obviously, we cannot supply to try to make it as fair as possible by ensuring 100 per cent of the allocation in times of that we tailor the volumes of water that are drought. That is just one of those things that required in parcels for the schemes. In this day we have to live with in Australia. It will not end and age of the Trade Practices Act and other here; it will continue for many years to come. legislation, it is important to consider principles The Walla weir is an important issue of equity when determining water allocation. mentioned by the member for Bundaberg. I Horticulturists, cotton farmers and dairy thank the Opposition for its support for the farmers want water. Do we decide to be judge Walla weir. That project did have the support and jury and say, "You can have this, this and of the previous Government. Recently in this this"? That has some complications. That is House I mentioned that the shadow Minister why we feel that correct apportioning of the stood outside Parliament House and needed volumes of water by the auction supported a rally with Pam Soper and the anti- system will allow a better distribution. We Walla weir protest group. They intended to would not auction off a lot of water at one tear down the doors of Parliament House. It time; we would ensure that allocations were was reported that the honourable member made in following years. Therefore, those who was with them, that he walked away and that are building up their enterprise or those who they followed him. I now realise that he told have missed out in the first round may be them his position and that he was running and successful in the second round. This is an they were following. The placards were not issue that needs to be talked through a bit being waved at the Government but at him. more. I think that we are on fairly common We thank him for his support. We would love ground. I appreciate the concerns raised by to have him present when we open the Walla the honourable member; however, I do not weir. think that the circumstances are quite as bad as that. We need to convince the public that Mr Gibbs interjected. they will get a fair go. I am quite happy to talk Mr HOBBS: The honourable member the matter through further with the member can come, too. and other members of the House. The member for Fitzroy made some I thank the Opposition for the support that interesting points in relation to agriculture. I it has given for this legislation. It is an appreciate the thought that he put into his important piece of legislation and one that I speech. I thought it contained a lot of detail. It believe will be well supported by people was worthwhile to spend some time talking throughout the State. I mentioned that the about the issues. He talked about putting the Coopers Creek Protection Group has been bag on the Bedford and the Bingegang Weirs very active on this issue. I appreciate the work to increase the water supply. In a sense, I done by that group. Its members were think that they are pretty good value, because responding to a very urgent need. It was very they are quite cheap. Although they may not important that they were able to do that last forever, they will certainly give a great because their input balanced the argument. I boost to that particular area. Generally thought they played a very important role. I speaking, in most of the areas where those thank them for their cooperation and support. bags are put on the weirs, an existing Motion agreed to. infrastructure is in place; therefore, we do not incur the additional cost of more channels. That increases reliability for producers as well, Committee so I think that there are benefits there. Hon. H. W. T. Hobbs (Warrego—Minister for Natural Resources) in charge of the Bill. As to the way that water is allocated—the member is afraid that, if we go ahead with Clauses 1 and 2, as read, agreed to. auctions, those who are close will benefit and Clause 3— perhaps the farmers with the big dollars will get Mr HOBBS (12.30 p.m.): I move the the most benefit. following amendment— 29 Nov 1996 Natural Resources Legislation Amendment Bill 4719

"At page 4, line 10 to page 5 line 6— improvement area to the trust omit, insert— for the expanded area; and 'Amendment of s 3 (Constitution of the (d) provide for any other matter Burdekin River Improvement Area) necessary or convenient to give effect to the addition of the 3.(1) Section 3(3) and (3A)— added area to the principal area. omit, insert— '(3C) Subsection (3D) applies if— '(3) A regulation may add to the (a) an expanded area is established Burdekin River Improvement Area (the under subsection (3)(b); and "principal area") or to another river improvement area (also the "principal (b) the added area did not consist area")— of the whole of a river improvement area; and (a) all or part of the area of 1 or more local governments (the (c) a local government had "added area"); or representatives on the trust for the river improvement area (the (b) all or part of 1 or more other river "original area") of which the improvement areas (also the added area was a part; and "added area"). (d) the part of the original area that '(3A) In a regulation under subsection is not the added area no longer (3)— contains any part of the area of (a) the whole of the Burdekin River the local government. Improvement Area may be the '(3D) When the expanded area is principal area but not the added established, the representatives area; and mentioned in subsection (3C)(c) go out of (b) a part of the Burdekin River office as members of the trust. Improvement Area may be the '(3E) Subsection (3F) applies if— added area; and (a) an expanded area is established (c) if the added area is the added under subsection (3)(b); and area under subsection (3)(a)—a river improvement area (other (b) the added area consisted of the than the Burdekin River whole of a river improvement Improvement Area) may only be area. the principal area if each local '(3F) When the expanded area is government whose area, or part established, the trust for the added area of whose area, is the whole or a ceases to exist and all of the members of part of the added area makes a the trust go out of office as members of written request that the the trust.'. regulation be made. (2) Section 3(5) and (6)— '(3B) A regulation made under omit, insert— subsection (3) may— '(5) A regulation may— (a) for a river improvement area other than the Burdekin River (a) abolish a river improvement area Improvement Area—change the other than the Burdekin River name of the river improvement Improvement Area; and area (the "expanded area") (b) abolish the trust for the area consisting of the principal area being abolished; and and the added area; and (c) provide for the vesting of the (b) if the added area is only a part assets and liabilities of the trust of a river improvement being abolished; and area—apportion the assets and (d) provide for any other matter liabilities of the trust for the river necessary or convenient to give improvement area; and effect to the abolition of the area (c) if the added area is the whole of and its trust. a river improvement '(6) When the trust is abolished, the area—transfer the assets and members of the trust go out of office as liabilities of the trust for the river members of the trust.'.'." 4720 Primary Industries Legislation Amendment Bill (No. 2) 29 Nov 1996

Amendment agreed to. selection, the make-up of, and the selection Clause 3, as amended, agreed to. panels with the most corruptly worded language ever to be incorporated in Clauses 4 to 10, as read, agreed to. Queensland legislation. Clause 11— The Bill replaces numerous sections in Mr HOBBS (12.30 p.m.): I move the relation to policy councils with the words— following amendment— "The Minister may establish an "At page 18, lines 19 to 21— advisory committee or other body to assist omit, insert— the Minister in the administration of this Act." '(a) for a decision about an application for a licence or for With just 20 words, this Minister has returned the renewal of a licence—the Queensland to the bad old days of Bjelke- applicant; or Petersen—the days when the spivs, the crooks, the quacks and the healers ran the (ab) for a decision about the State. The amendment states that the amendment, variation, Minister "may"—and that is the relevant word, cancellation, revocation or "may"—establish an advisory committee or suspension of a licence—the other body. If the Minister feels so disposed, person who was the licensee he will establish a committee. Of course, if the when the decision was made; or National Party machine men tell him to form a (ac) for a decision about an committee, he will do as he is told. If he does application for the transfer of a not want to form a committee, he simply has licence—the transferor and the the power to not form one and to rely wholly transferee; or'." on the advice of the public servants within the Amendment agreed to. Department of Primary Industries. Clause 11, as amended, agreed to. I am the first member to say that the system that we are changing by this legislation Clause 12, as read, agreed to. certainly had cumbersome aspects. I must say Bill reported, with amendments. that in the short time that I was the Minister for Primary Industries, there were aspects that I was prepared to reconsider because I believed Third Reading that some changes were necessary. The Bill, on motion of Mr Hobbs, by leave, former Government would have effected those read a third time. changes. However, the regrettable fact is that what is happening through this legislation is that there will no longer be a system in place PRIMARY INDUSTRIES LEGISLATION where the best possible people can be found AMENDMENT BILL (No. 2) for appointment to a wide variety of policy Second Reading committees under the auspices of the Debate resumed from 30 October (see Department of Primary Industries. The reality is p. 3660). that, under the former Labor Government, the system was that an independent chairperson Hon. R. J. GIBBS (Bundamba) was found and then it was basically the (12.32 p.m.): It is unfortunate that the timing responsibility of that chairperson, in of this legislation to come before the conjunction with the members of the current Parliament today coincides with allegations of advisory councils—for example, if there was a corruption within the Government. Regrettably, vacancy—to sit down and make a the legislation that we are debating before the recommendation to the Minister of the day as House this afternoon signals a return of what could only be described as legislative to who should be considered a qualified person to fill that vacancy at that particular corruption in this Parliament. time. In the case of total changes to an The regrettable fact is that this advisory committee, it became incumbent that amendment wipes out the open and there was an independent chairman and a accountable procedures in relation to the number of people selected from various policy committees of the Department of organisations throughout the State who, it was Primary Industries. It replaces the numerous considered, had the necessary expertise to sections of relevant Acts with just two lines. make value judgments on people who could This Bill replaces the provisions which spell out actually form those committees and add to the role, the membership, the process for those committees not only a vibrancy but also 29 Nov 1996 Primary Industries Legislation Amendment Bill (No. 2) 4721 an expertise that would go a long way towards group to a committee, or appoint a assisting the industry, such as the beef/cattle representative of the group to an existing industry or the Brisbane City Markets—those committee in order to buy off a favour or to types of things—so that we knew that we were shut people up. For example, if such a getting quality people appointed to those provision was contained in the Police Service committees. Administration Act prior to the Mundingburra One of the cumbersome problems with by-election, the Minister for Police could have that system was that the time factor had to be put the entire Police Union executive on a considered. I know that, over a period—often I committee. Nothing would be in writing; just an thought through poor advice within the understanding made on a handshake or a DPI—one was not advised of a vacancy until wink of an eye. virtually the end of the term of a member of a This is secret Government at its very council and a vacancy was created. Of course, worst. This steps the whole of Queensland one then had to rush through the system and back to the dark days of Bjelke-Petersen. No- make decisions fairly quickly. However, I one will know who is on these bodies, how and certainly believe that the system had merit and why they were appointed, the details as to we should not be throwing it completely out how they report to the Minister, or the funding the window. arrangements. Given the brown paper bag era Of course, the other question to be asked of the previous coalition Government, one is: how many people will be appointed to would not be at all surprised that one could, in these committees or other bodies if the fact, buy a position on a number of these Minister in his infinite wisdom should decide to bodies. This corrupt Government could have a appoint them? In theory, he could appoint five nice cosy arrangement whereby a donation people, 20 people, 50 people, 100 people or was made to the National Party, the Minister 1,000 people. This legislation makes no for Primary Industries is made aware of the mention of how many people will comprise an donation and then that person or body is advisory committee. If the Minister wished, he appointed to a committee. The public is in the could—and this is what concerns me—appoint dark. Indeed, theoretically the only way one an entire National Party branch as a could find out about appointments would be committee. Yet the people of Queensland by paying $30 and lodging an FOI request to would never know about that as the legislation the Minister's office and/or the department. contains no selection process. That concerns The amendment Bill is also silent on the me here because at least under the former functions of these committees. What will they administration there was a system of do? How often will they meet? What guidelines, checks and balances in place so secretarial services will be provided to the that the very best people were selected to committees from the Department of Primary serve on those committees without fear or Industries? What funding will be provided for favour because of their political beliefs. For these committees to operate? Will the example, under a Labor administration it was Department of Primary Industries have to impossible to stack these committees with provide the air fares or other travel Labor Party appointments or Labor Party arrangements to get members to meetings in hacks who may not have the necessary Brisbane and the accommodation and meals expertise to make a contribution. As I said, of the members of these committees? Is this quality was the criterion when appointing the National Party's answer to the gravy train people to fulfil a role on these committees. for its supporters? As I said, I have a huge concern that we are going to see a return to the bad old days The amendment Bill does not outline of the Bjelke-Petersen era where it was simply whether meeting fees and allowances will be a case of jobs for the boys or for the girls. In paid to members of those committees. Will the other words, the Minister can appoint whom Minister simply direct the department to pay he wants, when he wants, with the people of meeting fees without the legislative authority? Queensland not being any the wiser. There If this is to be the case, the Opposition will look are no safeguards in the process for the forward with great relish to the Estimates selection of persons to these committees committee next year. In this year's Estimates because there are no legislative guidelines. I committee, the Minister unfortunately became might add that there will be no further need for famous as the Minister who placed the most memorandums of understanding between number of questions on notice. When he did lobby groups and this Government. That is not know the answer, he madly directed the probably a good thing. However, the downside question to his senior public servants, who is that the Minister could simply appoint the then directed it further down the line. 4722 Primary Industries Legislation Amendment Bill (No. 2) 29 Nov 1996

Mr Perrett: I wanted to give you the replacement operations but under this total answer. legislation, introduced by your own Minister, a Mr GIBBS: The reality is that the fine physical specimen such as yourself could Minister simply did not know his portfolio. Of be considered not fit and proper to sit on one every Minister in the Government, the of these committees. I think that that casts a Minister's performance and his reputation are dreadful aspersion on your character and pathetically bad. He is on record as the abilities, Mr Speaker. Minister who placed the most questions on Mr SPEAKER: The honourable notice. He did a soft-shoe shuffle, passing the member has made a very valid point. questions to public servants. In many cases, it Mr GIBBS: Thank you, Mr Speaker. I was significant that a number of those people also wonder whether the provision breaches were unable to answer our questions on the the Anti-Discrimination Act. However, the spot either. Government has shown its total disregard for Will these committees provide information that legislation as it moves to close down the as to the membership, the role and the commission next month and has plans for a functions of the committee, the achievements Clayton's commission to be established of the committee and the budgets allocated to somewhere within the bowels of the State Law the committee to be included in the annual Building. report to the Parliament for the Department of The Opposition also raises questions in Primary Industries? These provisions are relation to the amendments to the Meat contrary to open and accountable Industry Act 1993. The amendment Bill Government. There will be no merit selection proposes to insert a new subsection into and, in my opinion, it institutionalises section 24 of the Act which states— legislative corruption. It is a disgrace that the "The authority must perform its Minister has the audacity to bring such a Bill functions efficiently and effectively." into the Parliament. It goes to show that this excuse of a Government has learned nothing This is a meaningless provision. What is from the Fitzgerald inquiry. It learned nothing efficient and what is effective are very often in of the principles of good Government for the the eyes of the beholder. The Minister should people of Queensland. have used more specific language than that commonly used by first-year Government Other provisions of the amendment Bill students. The Opposition is opposed to that the Opposition takes exception to include legislating for an administrator under the Meat the omission of section 19(2)(f) of the Dairy Industry Act just in case the Government Industry Act 1993, which states that the office needs to appoint one. The Government of a member of the authority becomes vacant should come clean—either it wants to appoint if the member "becomes a patient within the an administrator or it does not. I was meaning of the Mental Health Act 1994". That appreciative of the fairly confidential discussion subsection is to be replaced. I understand the that the Minister and I had in relation to that importance and the need to have a body. I was aware that there were a number of subsection of that nature, but I believe that problems and, from my point of view, I will go the amendment has been very badly drafted. on record here today as saying that I think the The amendment states, "becomes incapable sooner an administrator is appointed, the of performing the duties of a member because better off the industry will be. of physical or mental incapacity". As I have said, theoretically, who is going to determine It should be noted that, if the Government the physical or mental incapacity of a member does appoint an administrator, that person will of the Queensland dairy authority? The also have the additional functions of Minister? The Governor in Council? For implementing structural change to the example, the interpretation of this little gem authority's resources and functions to give the could mean that the provisions deliberately Minister a quarterly report on the finances, exclude people who are disabled. It could functions and other matters that the Minister exclude people in wheelchairs, people with wants included in the report. That person will walking sticks, people with pacemakers, and also have to produce a final report. It should people who have broken an arm or a leg. be noted that under the administrator only the final report is required to be tabled in this I can see that you, Mr Speaker, are Chamber. The quarterly reports for two years showing great concern at this, which I fully could well be hidden away in the Minister's understand. As a fine specimen of a fellow, office. If an administrator is appointed, in my you walked around this place for years with opinion all reports should be tabled so that the severe hip problems. You have now had Parliament can be made fully aware of the 29 Nov 1996 Primary Industries Legislation Amendment Bill (No. 2) 4723 decisions that the administrator has made. I present standard of food hygiene, not only in believe that that in itself will be of benefit to Queensland but also throughout Australia. the industry. There have been three serious poison The amendment Bill removes from the outbreaks this month. Another case of statute book of Queensland the reforms that salmonella poisoning has been reported in the Labor Government put in place to ensure Melbourne, where 20 people have been that the Government of the day was being affected. Therefore, when changing the advised by the most able and competent legislation, unless the Minister keeps the people in their chosen fields. The Labor integrity of the food inspection process, we will Government ensured that the policy councils lose the clean-food image that our primary were beyond reproach, that the selection industries have. The Minister is not doing the procedures were based on the principles of right thing by the industry by moving these merit and equity and that the processes of amendments. selection were written into the law. These Mr MULHERIN (Mackay) (12.50 p.m.): I processes could be read by anyone who rise to speak briefly in opposition to the purchased copies of the relevant Acts. Primary Industries Legislation Amendment Bill. Unfortunately, under the coalition Government The former Labor Government had a proud the processes have once again been removed record of reform in the primary industries from the public eye into the backrooms for the sector. On coming to Government in 1989, the intrigues of the National Party itself. By and Primary Industries Minister, Mr Ed Casey, and large, the Opposition condemns this his successor, the Honourable Bob Gibbs, legislation. We will be opposing it on the embarked on an ambitious program of second reading. modernising this important sector of the Mr CAMPBELL (Bundaberg) Queensland economy. I might add that the (12.47 p.m.): I rise to support the sentiments industry leaders whom I have spoken to said of the Opposition spokesman. The that the Labor Party did more to help primary amendment Bill implies that the present industries in six years than the coalition did in members on the industry boards and selection 32 years. committees do not have the necessary On coming to office, the Labor expertise, are not respected in some way and Government had the challenge to bring this do not competently fulfil their roles. I reject that important sector of our economy out of its implication totally. 1950s-style time warp. Primary industries in The primary industry boards were set up this State were bogged down with under the Labor Government, and one of their overregulation and vested interest. There was features is that they have not been the subject no plan or vision to respond to the demands of any scandals. There have been no Peanut of the local market, but worse still there were Marketing Board scandals or dairy industry no plans to meet the challenges of scandals, because the boards were truly competition from other States and the represented. Their members were good challenges of the international market. people and, in the very difficult times that we Visionaries within the industry were often had with drought and so on, the boards scorned as they called on successive coalition proved to be successful. Governments to respond to the challenges of the ever-changing markets domestically and The only reason that the Minister has internationally. given for these changes, which will allow National Party cronies to be appointed to the Successive coalition Governments boards, is that the selection committee ignored these visionaries within the industry process adds too much unnecessary time and and instead took advice from the advisory cost. It is very important that we ensure that groups who were appointed based on political the proper people—people with expertise who patronage rather than merit. The coalition are respected—are appointed to the boards wanted to protect the vested interests of a few because they will ensure that the right thing is of its mates rather than advance these done by the industry, rather than follow self- industries and the wealth of the State. It interested goals. For too long under the appointed its mates who would not rock the National Party many board members were boat and who would not see the Government motivated by self interest rather than the capitulating to the visionaries. interests of the industry as a whole. The Labor Government set about the The Minister has made quite a long reform of primary industries by establishing reference to the meat inspection process. For closer relationships between producers, quite a while I have been concerned about the manufacturers, retailers, consumers, 4724 Primary Industries Legislation Amendment Bill (No. 2) 29 Nov 1996 employees and employer organisations. I did not work; that they were cumbersome and might add that during the six years of Labor took too much time. And they cost reign there was less industrial action than money—money that could be better utilised in there has been in the nine months under the other areas. This Bill does not throw the good coalition. The Industry Policy Council set about points out the window. If there were good overhauling the legislative and structural things, we will carry them forward. inefficiencies. Statutory organisations were revamped to reflect the changing and The honourable member's contribution challenging markets. Marketing, administrative was also confusing because he said that and judicial functions were evolved into a policy councils were selected by selection single statutory organisation. committees. That is not true. Members of the advisory committees will be selected in exactly These major reforms were achieved, as I the same way that policy council members said, by establishing policy councils which were were chosen. The member for Bundamba also responsive to industry needs and worked asked about sitting fees. I assure the member cooperatively with the Government through that fees will not be payable to members of the Minister of the day so that the goals could advisory committees. They will not have be achieved. That enabled the industry to budgets. Unfortunately, the member does not agree on growth—growth that was planned understand his portfolio. around market share, and growth that was sustainable. Growth also allowed new players As to the honourable member's concerns into the industries—something which the old about the mental incapacity provision of the legislative arrangements did not do. Dairy Industry Act—the amendment brings the Act into line with the Anti-Discrimination Act. Policy councils differed from the old The member's own Government placed an advisory committees. Membership of the identical provision into other Acts. This was policy councils was based on merit selection, done on the advice of Crown law. The not political patronage, as was the case with amendment respects the law, and I reject the advisory committees. The people with the totally the member's remarks. best qualifications were appointed to the councils to oversee industry policy. Finally, this As to the Meat Industry Act—I thank the legislation is about winding back the clock to honourable member for the positive remarks the bad old days when the National Party he made. The Queensland Livestock and appointed its mates who, once again, will Meat Authority's primary role of protecting the preside over the stagnation of this important quality of meat cannot fall by the wayside. sector of the economy. That is vitally important. Hon. T. J. PERRETT (Barambah— The member for Bundaberg spoke in Minister for Primary Industries, Fisheries and positive terms about the good work of many Forestry) (12.53 p.m.), in reply: I thank people who serve on statutory bodies. I can honourable members who took part in the assure him, as I said in my second-reading debate for their contributions and for the fact speech, that merit will continue to be the basis that they entered into the spirit of what we are for the selection of members. Under these trying to do by keeping their contributions as amendments, it will be truly possible to select brief as possible but still raising points of the best people for the job. Industry leaders concern. will not be locked out simply because they are Before I comment on some of the points the leaders. The member for Bundaberg also raised, I indicate that I will be moving three mentioned the integrity and wholesomeness amendments, the most significant of which of meat. It is our desire to protect those refers to Part 11 of the Bill, which relates to the standards. I thank also the member for Sugar Industry Act. We are all aware that a Mackay for his contribution. very significant review of the Act is taking place at present. We are not proposing to change Question—That the Bill be now read a second time—put; and the House divided— anything in the Sugar Industry Act until after that report comes to hand in a few weeks' AYES, 42—Baumann, Beanland, Borbidge, Cooper, time. The amendment will allow Part 11 of the Cunningham, Davidson, Elliott, FitzGerald, Gamin, Bill to be proclaimed at the appropriate time. Gilmore, Goss J. N., Grice, Harper, Healy, Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Lingard, The member for Bundamba indulged McCauley, Malone, Mitchell, Perrett, Quinn, Radke, himself in a dramatic overstatement about the Rowell, Santoro, Sheldon, Simpson, Slack, Stephan, proposed advisory committees and selection Stoneman, Tanti, Veivers, Warwick, Watson, Wilson, committees. But he admits that the processes Woolmer Tellers: Springborg, Carroll 29 Nov 1996 Casino Control Amendment Bill 4725

NOES, 41—Ardill, Barton, Beattie, Bird, Braddy, Third Reading Bredhauer, Briskey, Campbell, D'Arcy, De Lacy, Bill, on motion of Mr Perrett, by leave, Dollin, Edmond, Elder, Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, McElligott, read a third time. McGrady, Mackenroth, Milliner, Mulherin, Nunn, Palaszczuk, Pearce, Purcell, Roberts, Rose, Schwarten, Smith, Spence, Sullivan J. H., Welford, CASINO CONTROL AMENDMENT BILL Wells, Woodgate Tellers: Livingstone, Sullivan T. B. Second Reading Pairs: Littleproud, Nuttall; Connor, Robertson Debate resumed from 13 November (see Resolved in the affirmative. p. 3992). Sitting suspended from 1.03 to 2.30 p.m. Hon. D. J. HAMILL (Ipswich) (2.34 p.m.): In relation to this Bill there are a number of issues that I wish to address briefly, Committee but in so doing I want to indicate that the Hon T. J. Perrett (Barambah—Minister for Opposition supports the passage of this Primary Industries, Fisheries and Forestry) in legislation this afternoon. The Casino Control charge of the Bill. Amendment Bill reflects the very competitive situation which is prevailing not only in the Clause 1, as read, agreed to. State's gaming industry but also in gaming in Clause 2— Australia as a whole. Mr PERRETT (2.31 p.m.): I move the As I have stated in this place on other following amendment— occasions—in the debate that we had in relation to the Lotteries Act amendment, which "At page 8, line 7, 'and 9'— was recently before the House—gaming is a omit, insert— very volatile source of revenue for the ', 9 and 11'." Government. If we look across the revenues that have been obtained by Government Amendment agreed to. through gaming over the years, we find that Clause 2, as amended, agreed to. products come and go. There is the impact of fashion and taste in relation to gaming Clauses 3 to 21, as read, agreed to. products. That is being experienced also by Clause 22— the State's casinos. It is because of the very Mr PERRETT (2.32 p.m.): I move the difficult times that casinos have experienced in following amendment— recent months that the Government has brought forward these changes to the taxation "At page 14, lines 1 and 4, '27'— which is applied to high rollers. omit, insert— It is certainly the case at present that high '28'." roller play in Queensland casinos attracts, in the case of the casinos in the southern part of Amendment agreed to. the State—that is, Brisbane and the Gold Clause 22, as amended, agreed to. Coast—a tax of 20 per cent and, in the case Clauses 23 to 80, as read, agreed to. of the casinos in the north of the State—that is, the Sheraton Breakwater in Townsville and Clause 81— the new casino in Cairns—a tax of 10 per cent. Mr PERRETT (2.32 p.m.): I move the It was announced in the middle of the year following amendment— that those rates would be reviewed and reviewed downwards. The impetus for that had "At page 32, lines 10 to 12— come from developments interstate, omit, insert— particularly from Victoria, where the Victorian ' '(3) However, a complainant lodging State Government had lowered the rates of a complaint more than 21 days after the taxation which applied to high roller play at ground of complaint arose must have that State's new casino. The result has been a discovered the ground of complaint within shift among the high roller players to other 3 months after it arose.'.'." casinos where they believe that at the end of the day they can get a better return on the Amendment agreed to. funds which they are prepared to speculate. Clause 81, as amended, agreed to. It illustrates something which was Clauses 82 to 93, as read, agreed to. highlighted in the FitzGerald Commission of Audit report and something which I believe this Bill reported, with amendments. Government and the next Labor Government 4726 Casino Control Amendment Bill 29 Nov 1996 will have to be very cognisant of, that is, the announced that it was going to further cut into degree of competitiveness which occurs our revenue base by reducing the rate of tax among the different States in relation to their on high rollers. In the case of the casinos in revenue-raising activities. A couple of the south of the State, the tax would be examples spring to mind. Back in the 1970s reduced from a 20 per cent rate down to the the Queensland Government became the first new rate of 10 per cent, and in the case of the in Australia to abolish succession duties on the casinos in the north, from the erstwhile rate of probate of estates. That led to a similar 10 per cent down to 8 per cent, and that was revision of the taxation laws of other States to be effective from the middle of the year. over a period, with the result that each of the That, of course, came at a time when the revenue bases of the States was diminished. Government was talking about increasing a We have seen that occur on a number of whole range of other imposts in the lead-up to occasions in different areas of the States' the Budget. It seemed that high rollers were revenue bases. We saw an initiative of the lucky but that ordinary Queenslanders were former Labor Government in relation to stamp facing increases in motor vehicle registration, duty, where duty on share market transactions tobacco tax and bank account debits tax, to was reduced amid the condemnation from name but three of the seven deadly taxes State Governments in both Victoria and New which were contained in the Treasurer's South Wales at the time. Those other two Budget. State Governments, of course, fell in line with At the time, I corresponded with the the Queensland initiative. casino industry in this State, and we indicated Dr Watson: Tit for tat. then that we understood the rationale for this Mr HAMILL: I take the interjection. It legislation. We understood that that part of the was tit for tat. We actually did all right out of gaming industry in the State was being that one because we got in first and the Labor threatened by the ability of its interstate Government had done a deal with the competitors to offer a better deal to the high Australian Stock Exchange whereby the stock roller section of the market and that we were exchange would relocate to Brisbane an losing as a result of that. The fact that casinos important part of its activities and its have found it difficult can be amply infrastructure. I recognise that the ASX was demonstrated by having recourse to the good to its word, and there are about 50 Treasurer's Budget papers themselves. people now working in Brisbane as a result of Last year it was expected that casino the undertaking that had been given by the taxes would generate around $80m for the ASX and the inducement that had been given State. When the accounts were finalised for by the former Labor Government by way of the year, the sum was actually $71.5m. It was reducing the stamp duty that would have been more than 10 per cent below what had been payable on share transactions. forecast in Mr De Lacy's 1995 Budget. That in Dr Watson: That was a good decision. itself demonstrates the sorts of things that have been happening in the casino industry Mr HAMILL: That was a good decision, and the reason why this legislation needs to because it generated jobs and it generated be supported. business activity in this State. But I use it to illustrate this point: not all of the competitive It is also worth noting that even though tax initiatives, so described, are necessarily these concessions are being made to the tax beneficial because it can come down, to use regime as they apply to the casinos, casino an old adage, to cutting off one's nose to spite generated revenue for the State is not going one's face where we get led down something to increase very greatly this year either. I think of a Dutch auction in relation to our State that the projection is $74m. That is a fairly flat revenue base. We all know that the revenue prospect in terms of the forecast revenue to bases of the States are very narrow and that be derived from casinos. It is appropriate that the States are largely deprived of a growth tax. we look to the revenues that we expect from The only real growth tax that we have is the casino industry and that we do not unduly payroll tax, and maybe stamp duty, but payroll fetter the industry in its ability to operate. tax certainly is a major revenue raiser. For those reasons, we support this However, it is not the sort of growth tax that is legislation. We support the reform to the high generating the revenues necessary to service roller tax rate, and we also support the the population increase and the demand for retrospective nature of this legislation. The services that comes with population increase. announcement was made that it would be That is why it seemed somewhat strange effective in the middle of the year. We when in July this year this Government supported it at that time and it is only 29 Nov 1996 Revenue Laws Amendment Bill (No. 2) 4727 appropriate, having given that notice to that Hon. D. J. HAMILL (Ipswich) industry, that the undertakings are honoured (2.47 p.m.): The Revenue Laws Amendment by providing for its retrospectivity in the Bill (No. 2) covers similar subject matter to the passage of the legislation this afternoon. earlier Revenue Laws Amendment Bill which Hon. J. M. SHELDON (Caloundra— had been debated and passed by this House Deputy Premier, Treasurer and Minister for a few weeks ago. The earlier Bill, Revenue The Arts) (2.44 p.m.), in reply: I thank the Laws Amendment Bill (No. 1), dealt with the shadow Treasurer for his support. I think he Government's initiatives in relation to payroll fairly accurately depicted the situation in which tax rates and the bank account debits tax, casinos in this State find themselves as a which was increased by some 35 per cent in result of gambling taxes. There is no doubt the recent State Budget. I remind Government that when the Crown Casino opened in members that at the time that measure was Melbourne, it came in with the objective of opposed most strenuously by Opposition taking over the high roller end of the market. members. Indeed, our casinos were feeling the effect of The other element in the earlier revenue that. They would have lost any advantage that laws amendments legislation related to the they had, and they certainly would have lost increase in tobacco. That is another measure their share of the market. That was quite clear. which we strenuously opposed. We did so on At the time that I announced that we the basis that the Government had breached would introduce this legislation, there was its solemn undertaking to the people of some concern in the community that it would Queensland that, if elected, it would not affect the lower end of the gambling market. pursue an agenda which increased taxes or There was a belief that it was aimed not just at introduced new imposts upon the people of high rollers but that it would induce more Queensland. people to gamble, and so on. That, of course, was not the case. By and large, the high I made the point very clearly at that time rollers are not Australians, with possibly the that the Government had breached its exception of one or two media magnates. undertaking. The then Leader of the They tend to fly in from Asia in particular, stay Opposition had run around the State, claiming for a few days, spend big money in the to have a contract with the people of casinos and then fly home again. If we missed Queensland, saying that his manifesto—his out on that revenue base, those high rollers policy initiatives—were all of those that they would still fly in but they would not fly in to could afford to deliver. Of course, we know Queensland. Hence, we would have had less that within weeks of the members opposite revenue for this State to spend on schools, coming into office, Treasury was being asked police, education and all the things that are to devise a range of proposals to generate important to us. additional revenue options, flying in the face of I note also that since this announcement those solemn undertakings that had been was made, the people from Jupiters have told given by coalition MPs when they were out me that they have improved their competitive there trying to get elected in July 1995. position, so it looks as though it really has We know that the range of revenue- worked. I thank the member for Ipswich for his raising measures that had been looked at not support. only included the bank account debits tax but Motion agreed to. some consideration of financial institutions duty, fuel tax, and certainly the Committee implementation of the increase in tobacco tax. There was also consideration of how the Clauses 1 to 10, as read, agreed to. coalition would not have to deliver on the Bill reported, without amendment. undertaking given to the Queensland people in relation to land tax. This legislation that we Third Reading have before us this afternoon provides the mechanism for that breach of promise in Bill, on motion of Mrs Sheldon, by leave, relation to land tax. read a third time. The Treasurer—the shadow Treasurer as she then was—at the launch of the REVENUE LAWS AMENDMENT BILL National/Liberal parties' campaign in July 1995 (No. 2) stated in her policy statement that the land tax Second Reading reduction schedule would deliver some $60m Debate resumed from 13 November (see in savings over the first term of the coalition p. 3992). Government. Honourable members might 4728 Revenue Laws Amendment Bill (No. 2) 29 Nov 1996 recall that the promise that was first delivered expectation that the concessions on land tax was that the coalition was going to abolish this year will not be $20m but $6m. land tax. That promise was transformed into Mrs Sheldon: $13m. the abolition of land tax over a period of time. We discovered that it was going to take over Mr HAMILL: No, Treasurer, it is $6m, 10 years. I suspect that not too many of those not $13m. The actual collections of land tax opposite will be in this Parliament in 10 years' last year were $226.4m. The Treasurer's time, not like the young, vibrant member for forecast for this year is $220m. That is not the Ipswich. $20m that the Treasurer said she was going to deliver each and every year. The Treasurer Mrs Sheldon interjected. could not even deliver on that promise. Mr HAMILL: The honourable member In relation to stamp duty, the measures certainly will not be sitting on the Treasury that are contained in this Bill deal with benches that long. That is one of the promises changes in relation to how instruments that the Treasurer knew in her heart of hearts involving securities are to be assessed. This that she would never have to deliver. But she indicates that dramatic changes are taking could not even deliver on her promise in her place in financial markets. The Stamp Act, first Budget. She has broken her undertaking which is one of the State's older pieces of to those sections of the Queensland legislation—it goes back to the 1890s—needs community who believed her when she said to be kept abreast of changes that are taking that she was going to abolish land tax. They place in the State's financial markets. also believed her when she said, "Well, we are We support the measures that are being not quite sure that we can abolish it straight proposed in relation to the amendment of the away but we will give you at least $20m in Stamp Act. What is very interesting in relation concessions in land tax each and every year to the question of stamp duty is that it is one for the next 10 years". of those revenue measures of the State which The Treasurer failed the test at the first gives some indication as to the health or opportunity she had to demonstrate her good otherwise of a State's economy. What do we faith to the people who used to believe in her. find if we have a look at stamp duty What has the Treasurer done with respect to collections? We find that stamp duty land tax? She fudged. She did not provide the collections look to be very flat indeed. They $20m of concessions in land tax as promised. are little changed this year from what they What she has decided to do—and she is were last year. Last year's receipts totalled doing it through this legislation—is to provide $934.7m. This year the Government an averaging arrangement on land values. In anticipated that stamp duty collections would that way one can look to an average over total $933.9m. In fact, that is slightly less than three years for an assessment of the value of the amount collected last year. land for the purposes of the payment of land Queensland has a growing population. If tax. we can believe one of the two press releases that the Treasurer has issued in relation to We are not opposed to that measure. economic indicators since the Budget came What we are opposed to is the two-faced down, she said that Queensland was seeing attitude of this coalition Government which enormous growth. We know that the Treasurer believes it can go to the people of rushed in where wise economists would fear to Queensland and promise one thing and then, tread. We found that those figures upon which once the votes are in the ballot box, come into the Treasurer relied were not reliable. The this place and do quite another thing. The Queensland Treasury figures showed that the Government has done that with the tobacco State's economy was growing much, much tax. The Government has done it with payroll more slowly. What we know from the stamp tax. The Government is now doing it with land duty collections is that there is not much tax. The Government has also done it in happening in the Queensland economy. The relation to the other new imposts with which Queensland economy is flat. The Treasury's the Treasurer is still wrestling. I refer to the oil own projections would indicate that that very tax and the tyre tax. I am sure we will hear a subdued level of economic activity will persist. lot more about those matters in the weeks and months ahead. This morning in question time, I asked the Treasurer whether she was intending to revise If anyone doubts that the coalition has the economic growth forecast for this year. In been insincere about its land tax promises, I the Budget papers the Treasurer had forecast refer them to Budget Paper No. 2, which that economic growth would be at 4 per cent. indicates that it is the Government's The Treasurer made great play of the belief 29 Nov 1996 Revenue Laws Amendment Bill (No. 2) 4729 that economic growth in Queensland would far happens? She fails the test. They cannot outstrip the level of growth across the spend the money and therefore they do not Australian economy as a whole. Was that not deliver facilities and services to the people of true? Queensland. A serious issue is involved. Mrs Sheldon: Yes. Mr Veivers: Take it easy. Tone it down Mr HAMILL: What we know is that a bit. growth across the whole of the Australian Mr HAMILL: It seems that I have even economy seems to be faltering somewhat. been able to permeate the minds of such Indeed, that was much of the import of the Government members as the Minister for statistics which the Treasurer rolled off this Emergency Services! He understands that a morning when pointing to factors such as serious issue is involved and that the negative growth in relation to motor vehicle Government's credibility is on the line. registrations across Australia. The Government could not deliver on its That is why I asked whether Queensland's solemn promises to the people of Queensland Treasurer was going to be reining in her with respect to tax. It broke its promise not expectations in relation to economic growth once, not twice, but seven times in the figures for the year. Certainly the Budget Budget. It broke its promise about spending papers and the projections of revenue moneys on capital works. It is alarming that collection in relation to stamp duty suggest despite the evidence contained in the Budget that there is very, very little for the Treasurer to papers and in the analysis of public accounts crow about in relation to economic activity. that we undertook during the Estimates This major problem with the economy is further process, despite the independent evidence borne out by the fact that unemployment that is revealed by industry surveys such as figures are spiralling. Queensland now has the that which the Treasurer remarked on this highest rate of unemployment in seasonally morning, that is, the Yellow Pages Small adjusted terms of any mainland State—10.1 Business Index—the Treasurer told the per cent on the last set of figures published. Parliament that more small businesses in Even more alarming than double-digit Queensland believed that the Queensland unemployment in relation to this seasonally economy was in recession than believed that it adjusted series is the fact that on the trend was growing—the Government is not listening. figu res—s o bel oved o f t he It takes no heed of that evidence and ignores Treasurer—unemployment has risen month it. The Treasurer uses the "Mother knows after month after month since this coalition best" philosophy of economic management. Government came to office. The Opposition Under this Treasurer, Queensland has won the has been warning the Government repeatedly wooden spoon for economic performance. that this would be the outcome of an That is a tragedy, because Queensland economic policy that seemed hell-bent on should be leading the country, not bringing up kicking to death any spark of economic activity the rear. in the real world of Queensland, an economic Mr Lucas: Mother Hubbard's made the policy that gutted economic activity by slashing cupboard bare. budgets, freezing capital works and failing to expend the money that Parliament had Mr HAMILL: Mother Hubbard has made appropriated for capital works in the last the cupboard bare; indeed, there is not much Budget. Almost $200m of appropriated funds left. The Government has no credibility left for capital works were carried over into the when it comes to its economic management. coalition's first Budget. Another element of this Bill relates to the Mrs Sheldon: Don't forget you were debits tax. It is described as a measure to there for eight months of that. clarify the levying of bank account debits tax. That has become one of the favoured taxes of Mr HAMILL: I will take that interjection this Government. It was a major revenue- by the Treasurer, because she used to parade raising measure in the Budget which was around town saying that a coalition promised to be a Budget that would contain Government would always spend its capital no new taxes and no increases in tax. The works money. In common with this Treasurer's people of Queensland remember the record in relation to delivering on land tax Treasurer going out into the community and promises, she has failed her first test. The first promising that those would be the tenets on time that she has charge of a Budget and which her first Budget would be framed. For charge of funds that have been voted on by the record and for the benefit of those who the Parliament—and by the likes of the love reading debates in this House on Minister for Emergency Services—what Treasury Bills, I point out that debits tax 4730 Revenue Laws Amendment Bill (No. 2) 29 Nov 1996 collections will rise by $31m or $32m thanks to payroll tax collections. Even though payroll tax the increased level of taxation being imposed is paid by only 5 per cent of Queensland by the coalition Government that promised no businesses, it makes a very significant increases in taxation. contribution to the overall level of State The debits tax has been described as revenue with over $1 billion being collected. many things. "Insidious" is one of the Last year, the figure was almost $1,053m. The adjectives that is frequently used because it is expectation for this year is $1,091m. That is the tax that everybody pays, that is, everybody quite modest growth. Indeed, when one who has an account with a chequeing facility, considers that Queensland is still experiencing an account that can be actioned by EFTPOS quite strong population growth, that is very or credit cards. So people who are on low or modest growth. fixed incomes, for example pensioners who I further make the point—and I hope that have their pensions paid into a bank account the Treasurer is listening—that the economic with a chequeing facility, will pay an unfair indicators are telling us that the Queensland share of the burden. That is an unfair tax. It economy is in desperate need of a kick start. reflects poorly on the Government that it At present, the Queensland economy is should choose that highly regressive measure showing all the signs of economic malaise. I to generate some $31m or $32m in extra am not seeking to be a prophet of doom; I am State revenue in 1996-97. seeking to do what a constructive Opposition The last of the four taxation measures should do—to highlight to the Government its canvassed in this Bill is payroll tax. The failings in relation to what is a very important Government has made much play of the fact part of the Government's task, and that is the that payroll tax exemption thresholds are management and stewardship of the State's being lifted. It has been the practice of economy. successive Queensland Governments to It is not just the Opposition that has been progressively lift the exemption levels at which making these warnings and expressing these payroll tax is not paid. The point being sought concerns about the absence of economic to be addressed by this Bill is one of tax activity in much of the State's economy; avoidance. Certain entities seek to avoid their business has been saying it, the welfare sector responsibility to pay their fair share of payroll has been saying it, sectors of industry such as tax by setting up trusts in order to the housing and construction industry have disaggregate the numbers of employees and, been saying it, and they have been saying it in so doing, avoid the tax. Of course, this very loudly indeed. This morning, we heard measure is designed to overcome that sort of that the Government's Works and Housing a scam. We support that measure. Minister has really let the side down when it Early this afternoon I made a number of comes to calling tenders for public housing. comments about the need for States to be That Minister has let the side down when it chary about those who would seek to comes to making a contribution to economic undermine the existing very narrow revenue activity in what is one of those industries that is bases. The mechanisms that those traditionally seen as an economic amendments to the Payroll Tax Act seek to barometer—the housing and construction deal with are nothing more and nothing less industry. It is little wonder why right throughout than a barefaced attempt to undermine payroll the boardrooms in Brisbane and right tax as a source of revenue. throughout small business in the State more business folk—the coalition's natural Dr Watson interjected. constituency—are saying, "You are not up to Mr HAMILL: The member for Moggill is it. You have breached faith with us. You have correct; they are artificial. They are contrived not delivered on the things you promised us." for the sole purpose of enabling the party Frankly, those people think that the concerned to avoid their social and community Government is not up to it. Unless the responsibility. The Opposition will have no Government lifts its performance substantially truck with those who would seek to avoid their in the new year, those people will drum the responsibility in that way. coalition from office at the first available Although payroll tax exemption thresholds opportunity. have been adjusted, the payroll tax collections The measures that are contained in the further illustrate the point that I was making in Revenue Laws Amendment Bill (No. 2) are relation to the level of economic activity in the broadly accepted by the Opposition as an Queensland economy as a whole. As stamp attempt by the Government to maintain the duty allows us some insight into the degree of State's revenues. However, in that glaring economic and business activity, so too do case of land tax, it stands out as a beacon of 29 Nov 1996 Revenue Laws Amendment Bill (No. 2) 4731 this Government's duplicity in not keeping faith ensuring that everybody pays their fair share with the people who put them into office. It of tax and does not by artificial means avoid stands alongside the Government's breaches the tax that they should be paying, hence of its election promises in relation to tobacco placing greater burdens on those people in tax, the debits tax, the oil tax and the tyre tax, the community who cannot afford to get the national park tax and the TAFE taxes, accounting or legal advice in relation to tax, which this Opposition has vowed to oppose in who do not have their businesses set up in this place and will continue to oppose. When it such a way, or who are PAYE taxpayers and comes to the issue of this Government's really cannot come into these systems. It is electoral integrity, the Opposition is not only fair that we all pay our fair share of tax. prepared to let the Government off the hook. So, by putting these provisions in the Bill, the In relation to the Bill, the Opposition supports Government demonstrated clearly that these these measures. avoidance schemes were not going to be Hon. J. M. SHELDON (Caloundra— tolerated. We will achieve this equity in Deputy Premier, Treasurer and Minister for three ways: by closing off opportunities for The Arts) (3.14 p.m.), in reply: I thank the minimising debits tax through account shadow Treasurer for his support for what are structuring, by ensuring that payroll tax is obviously very good initiatives in this Bill. It is a payable where entities are interposed between pity that the member wandered so far from the workers and employment agents, and by Bill and spoke about various issues, but I ensuring that a complex scheme whereby the guess that it is fairly late on Friday afternoon benefit of multiple payroll tax threshold and he was taking a bit of licence. deductions may be obtained by employment agents is ineffective. We were finding that, I will make a couple of points to clarify the through these artificial means, some issues that are contained in this Bill. Certainly, employment agencies were avoiding paying the Government is restructuring land tax. payroll tax. Indeed, the Government would have been able to totally fulfil its promise of abolishing One point that the member for Ipswich did land tax over 10 years if Labor had not left it make, which I think is something that we on with an economic mess—a $240m deficit in both sides of the House have to pursue, is the our Budget and a blow-out in Health of $75m. need for a restructuring of Federal/State taxes. All of those moneys have to be taken into There is no doubt that most of the taxes that consideration. Of course, our contribution to the State imposes are limited. They are the Federal deficit left by Paul Keating was punitive—payroll tax, land tax, stamp duty and over $250m. Indeed, the Government sought other taxes—and they are often paid by to do what various sectors of the whole businesses. The State does not have other business community have been asking it to do forms of revenue open to it, but the Federal with land tax, and that was to average it over Government does in the form of growth taxes three years as a first step and then reduce the such as personal income tax and excise duty. rates. That is what this Government is As I have said before, if we could just keep the committed to do, and that is what it is doing. money, or even the bulk of the money that we pay as a State on Federal fuel excise, then we One would have to agree that that is a would have considerable billions of dollars to very positive initiative. May I also add that this spend on our roads and other infrastructure legislation gives retrospective effect to the that we need so desperately. I think that we administrative system that allowed stamp duty must all take up the cudgels in that battle and on certain new forms of securities to be make sure that this restructuring does occur accounted for by return. Honourable members because as States we cannot continue with may remember that on 15 July this year the the inequities that we are currently Australian Stock Exchange introduced experiencing. instalment receipts, which are a new form of The member also mentioned the security and represent beneficial interest in the economy and said that the Government was Commonwealth Bank shares. A similar form of security that is proposed for introduction by the doing nothing to kick start it. He was right in Australian Stock Exchange is CHESS units of one sense in that the whole Federal economy foreign securities known as CUFS. This Bill is flat. Obviously, that is affecting our State. gives effect to the publicly announced scheme However, as a State—and as I relayed this by clarifying the stamp duty liability of morning—on certain indices in comparison instalment receipts and CUFS. with other States and nationally, Queensland is not doing too bad, although certainly there Importantly, the Bill also signals clearly the is great need for improvement. One of the coalition Government's commitment to areas where the coalition Government saw 4732 Revenue Laws Amendment Bill (No. 2) 29 Nov 1996 that it could really make an improvement was Treasury, the Federal Treasury and the by putting into its Budget a major infrastructure Treasurer's own Budget Speech that her package—a $1.6 billion rejuvenation claims were nothing other than spurious infrastructure package. That is now starting to political rhetoric to try to justify why the kick in. One has to realise that the coalition Government is hell-bent on breaking Government brought down the Budget in its commitments to the people of Queensland. September and it was not passed until about As I have indicated, one of those a month or so later. Now those projects are commitments has been blatantly broken in the taking place. We are conducting a monthly area of land tax. The commitment that was audit of what capital works are being spent, given for a relief package of $20m per annum where they are being spent and what the for 10 years has not been delivered in this Bill forward planning is for the spending of those and it was not delivered by the Government in capital works. We will see that giving effect to its first Budget. This year, only $6m has been our economy in the form of jobs and economic provided for land tax relief, yet the same growth. Treasurer can squirrel away $259m into a Mr Palaszczuk: Oh, yes. reserve fund and, while doing that, still justify additional taxation imposts on the people of Mrs SHELDON: Yes, I say to the Queensland totalling in excess of $120m. member it will indeed. It certainly did not happen under his Government, but it will The Treasurer cannot have it both ways. happen under this Government. On the one hand, she cannot claim that she cannot afford to provide the tax relief she The shadow Treasurer drew attention to promised, while at the same time increasing the fact that the capital moneys in 1995-96 taxes to add to the sum of money that she is had not been spent. I would like to remind him holding in reserve. that indeed his party was in Government for eight of those months and we inherited that Mr Johnson: The only reason why they situation. Our capital moneys will be spent. are increased is because of your That capital money provides a very important mismanagement while in Government. injection into our community, to get our Mr HAMILL: I am disappointed to hear economy going and to create the jobs that are the member for Gregory parroting the line of so important to all Queenslanders. I thank the the Treasurer. The other day I pointed out the member for his support on what are, as I have taxation increases which he is responsible said, extremely positive and important for—increased charges on motor vehicle initiatives for our State. registration in breach of the coalition's promise Motion agreed to. and the introduction of speed cameras not for road safety purposes, as I demonstrated, but to generate substantially increased revenue. Committee The Opposition was not prepared to let the Hon. J. M. Sheldon (Caloundra—Deputy coalition get away with that, so we ensured Premier, Treasurer and Minister for The Arts) in that the additional revenue being taken from charge of the Bill. the Queensland motorist through fines from the use of speed cameras is used for road Clauses 1 to 4, as read, agreed to. accident trauma rehabilitation and road safety Clause 5— programs. We took the initiative, and the Mr HAMILL (3.22 p.m.): Clause 5 flags Government came kicking and screaming into changes to the land tax regime. I would be this place and had to support us. The Treasury remiss if I did not make some comment about is still weeping tears of blood because that the remarks made by the Treasurer in her additional source of revenue has been kept summing-up in the second-reading debate. out of its clutches. The excuse given by the Treasurer for The Government failed to deliver on the provisions at clauses 5 to 9 and so on being promises it made in so many areas of less than the coalition's undertaking to the taxation—the tobacco tax, the debits tax, the people of Queensland is the alleged economic new oil tax, the new tyre tax, the national straits in which the Government found parks tax, the TAFE tax, increases in motor itself—the economic straits which the vehicle registration, the revenue that is being Treasurer has repeatedly and falsely claimed generated through speed cameras—— to be caused by a Budget that was left in Mr Johnson: It is a road safety initiative; deficit by the former Labor Government. you know that. We know from the published records of Mr HAMILL: It is a road safety initiative the Queensland Government, the Queensland now, thanks to the Opposition. There are also 29 Nov 1996 Revocation of State Forest Areas 4733 kangaroo licences, cattle loading and the list (2) That Mr Speaker convey a copy of goes on and on and on. The one thing that this Resolution to the Minister for the Government can do is tax. It is a very submission to Her Excellency the taxing time for the people of Queensland. This Governor in Council." provision of the Bill demonstrates that, even These proposals make provision for the when it promises tax relief, the Government revocation of whole or parts of State forests cannot be trusted to deliver. near Childers, Cairns, Caboolture, Blair Athol Clause 5, as read, agreed to. and Brisbane. Careful consideration has been Clauses 6 to 35, as read, agreed to. given to each of these proposals and detailed Bill reported, without amendment. consultation has occurred with affected Government agencies and local authorities. In each case, the action proposed is considered Third Reading to be in the broader public interest. Bill, on motion of Mrs Sheldon, by leave, The first proposal deals with the read a third time. revocation of the whole of State Forest 779, which is located about 14 kilometres north REVOCATION OF STATE FOREST west of Childers. In 1989 a joint AREAS Government/industry task force recommended the release of forestry land in the Isis area for Hon. H. W. T. HOBBS (Warrego— sugar production. Existing pine plantations in Minister for Natural Resources) (3.28 p.m.): I the area are of below average productivity and move— DPI forestry considered that the financial "(1) That this House agrees that the performance of the total plantation estate Proposal by the Governor in Council could be enhanced by redirecting resources to to revoke the setting apart and more profitable plantation centres elsewhere in declaration as State Forest under the the State. The proximity of the land to existing Forestry Act 1959 of— irrigation infrastructure and the nature of the (a) The whole of State Forest 779 soils make the land suitable for agricultural containing an area of about production purposes and, if converted to sugar 1,150 hectares; production, would improve the economies of (b) All those parts of State Forest scale of the Isis Central Sugar Mill. It is a 42 described as Areas A and B win/win situation. and shown hachured on plan In August 1994 Cabinet authorised the FTY 1718 prepared under the revocation of the whole of State Forest 779 authority of the Primary and the disposal of the land for agricultural Industries Corporation and development in accordance with the provisions containing in total an area of of the Government Land Management 1.9321 hectares; System. The Department of Natural (c) All that part of State Forest 611 Resources, acting on behalf of the described as Lot 178 on plan Department of Primary Industries, has CG 6094 and containing an prepared a proposal inviting expressions of area of 1.215 hectares; interest from persons or companies for the development of the land in keeping with the (d) All that part of State Forest 127 Government's preferred option. within stations AÐBÐCÐD on plan CP 841936 and containing an The State will retain ownership of pine area of 9.51 hectares; trees on the reserve and will arrange logging and removal of the timber with an expected (e) All that part of State Forest 169 completion date of 30 June 1997. Under the described as Area A and shown provisions of the Government Land hachured on plan FTY 1702 Management System, DPI Forestry will be prepared under the authority of entitled to retain 50 per cent of the net the Primary Industries proceeds of the sale. These funds will be Corporation and containing an allocated to the purchase of alternative area of about 7,182 hectares; plantation land. A land use planning exercise (f) All that part of State Forest 69 is now in train to identify areas of State Forest within stations 2Ð3Ð4Ð2 on plan 840 to the north of this reserve that should be CP 869099 and containing an subject to the same process. area of 0.3221 of a hectare; The second proposal provides for the be carried out; and exclusion of about two hectares from State 4734 Revocation of State Forest Areas 29 Nov 1996

Forest 42, which is located about 50 The fifth proposal involves the revocation kilometres north west of Cairns. About one of the major part of State Forest 169. Good and a half hectares is required to provide Night Scrub State Forest is located on the practical legal access from Pinnacle Road to Burnett River about 36 kilometres west of Lot 109. The balance area plus an area of Lot Childers and comprises about 780 hectares of 109 will be included in adjoining Lot 999 and pine plantation and some 7,000 hectares of reserved as national park. Legal access to Lot native forest. Following the decision to cease 109 is currently provided by a corridor of land harvesting rainforest timbers from native running north along the eastern boundary of forests on State land in Queensland, Lot 999 to Pinnacle Road. Practical access to consideration was given to transferring the the lot is via a constructed track on State native forest areas of this reserve to the Forest 42. The Department of Environment, by control of the Department of Environment. The agreement with the previous owners, has majority will be reserved as national park. acquired Lot 999 for national park purposes. To accommodate possible future water As part of the compensation negotiations storage requirements, part of the area will be for this lot, the owners have requested that the set apart as a resource reserve under the joint constructed track in the State forest be control of the Department of Natural included in their adjoining Lot 109, and have Resources and the Department of agreed to surrender for inclusion in the Environment. The Department of Environment proposed national park an area of Lot 109 no has indicated that about 36 hectares in the longer required for access purposes. The north of the State forest which is currently held action now proposed will reduce the amount of under special lease tenure is not required for compensation payable to the owners and inclusion in the proposed national park. formalise access to their land in a more Because of its size, its lack of productive practical location. The Department of capacity and its isolation from the plantation Environment has agreed to meet all costs areas of the reserve, the land is no longer associated with the proposal, and the required for forestry purposes, and its Department of Natural Resources has revocation from the forest estate will permit supported the action. further dealing by the Department of Natural The third proposal deals with a small area Resources. of State Forest 611 about eight kilometres The sixth and final proposal provides for east of Caboolture. The Caboolture Shire the excision of about 3,000 square metres of Council has sought to have the area set apart land from State Forest 69, which is located in as a reserve for water supply purposes under Brisbane's northern suburbs, for road its control. The land is required for the purposes. Lot 4, which adjoins the southern construction of intermediate reservoirs and boundary of the reserve, is the subject of a elevated tanks in connection with the council's rezoning and development application. As part trunk water main from Caboolture to Bribie of the project, the developers are required to Island. After a thorough investigation of all provide better access from the subdivision available sites, this part of State Forest 611 onto Bunya Road. The developers have was found to be most suitable because of agreed to exchange part of their land for the height and location. The land adjoins the small area of State Forest 69 required for road Bribie Island road and is external to the fire purposes. When finalised, this action will both protection system of the State forest. improve public safety through better access to Exclusion of the area from the forest estate will the development and maintain the area of have no adverse impact on the management State Forest 69 available for public recreation. of the balance of the reserve. I strongly support each of these proposals and The fourth proposal deals with the commend them for the approval of the House. excision of 9.51 hectares from State Forest Mr FITZGERALD (Lockyer—Leader of 127 near Blair Athol. The area has been Government Business) (3.36 p.m.): I second sought by the Department of Transport for a the motion moved by the Minister for Natural rail line loop as part of the Wotonga-Blair Athol Resources. mine railway. The exclusion of this railway Mr PALASZCZUK (Inala) (3.36 p.m.): corridor will not compromise the forestry values The Opposition has no intention of opposing of the remainder of State Forest 127. A survey any of the six proposals for revocation given of the area has been completed, and notice of on 25 July. However, the honourable revocation of the land from the forest estate member for Bundaberg, after extensive may now proceed. The proposal is supported consultation with people in his area, will by the Department of Natural Resources. express his grave concerns about the 29 Nov 1996 Revocation of State Forest Areas 4735 allocation of State forest land for sugarcane about salt intrusion and lack of water production on SF779 and SF840. Naturally, resources in the region. being the member for Bundaberg and as the 'The current situation's got to be chairman of his local Landcare committee, he rectified and we don't want more intends to present to the House the reasons expansion until that time . . .' for his concerns. The honourable member for Caboolture Bundaberg Mayor Nita Cunningham intends to speak on the proposed excision of said she was 'very concerned' about the land from State Forest 611, located near Premier's announcement and the Caboolture. I understand that the honourable inference that water would be drained member for Archerfield will also express some from the Walla Weir to irrigate the new concerns about a revocation of forests to a cane fields." national park. The Opposition will support the Not just one body but many different bodies proposals. are concerned about this matter. When this Mr CAMPBELL (Bundaberg) decision was made back in 1989, there was (3.37 p.m.): In relation to the first proposal, I support for it. However, I believe that we wish to raise serious concerns presented to should have the flexibility to take the present me by many community groups in the circumstances into account. Bundaberg district. I refer to the proposal to The local Landcare group also raised the excise approximately 1,150 hectares of land problem when it stated in a press release— from State Forest 779. This issue was looked at by the department back in 1989. The "The Bundaberg and District Urban conditions that existed in 1989 are different Landcare group has resolved to oppose from those which exist today. That is why the the loss of forestry land to intensive community as a whole does not support this agriculture. proposal. At that time, the Isis mill was looking . . . for extra cane land. However, community The Bundaberg Landcare group is groups are now seriously concerned about the concerned that forestry areas should be lack of water. reserved at all costs. If it is inappropriate At present, existing farms are on 50 per to continue with some plantations then cent water allocations. The growers are native forests should be encouraged and concerned that we are opening up new land established. for agriculture. They oppose it. However, the Isis sugar mill and the Isis Shire Council Members felt there was a need to support it. I wish to quote from an article in the ensure there was adequate timber News-Mail headed "Groups oppose cane available to maintain viable timber mills in plan". The article states— our region. "Timber workers, cane farmers, the Major areas have already been Bundaberg City Council and Landcare cleared over decades and the loss of have slammed a State Government plan further trees in our district is not to open up Gregory and Bingera State environmentally desirable. forests for cane farming. The Landcare group promotes tree . . . planting and tree preservation while this decision will denude significant areas of Burnett Saw Mills logging manager trees. Wayne Perkins said 100 jobs plus contract work in the local timber industry The other major concern was the lack were jeopardised by the State of water for new areas of sugarcane or Government move." other horticultural crops. Water supply is However, we are not just losing out in that insufficient to meet current demands regard. State native forests are already being without opening up new crop areas. lost, and we are also concerned that there will New areas will also put pressure on be insufficient timber to sustain a timber water supplies to established cropping industry in the region in the long term. As a areas, especially in drought periods. community, we should be supporting timber It is difficult to condone major growing in the area. increases in intensive agriculture and The article continues— subsequent increased water demand "Moore Park cane farmer Daryl when there is a shortage of water for Anastasi said cane growers were worried current needs." 4736 Revocation of State Forest Areas 29 Nov 1996

All those arguments are valid. All those It was said in the briefing paper that I arguments are strongly supported by people in have seen that the plantations were not very the region. For example, Councillor successful. It was suggested that an Neubecker, Mayor of the Burnett Shire, said— inappropriate species of pine was grown in the "If the Premier is promising to turn area and that perhaps it should have been State forest into cane farms and to Caribbean. I know that the member for provide them with water from Walla Weir, Maryborough has a greater understanding of we would like to see urban residents get this matter than I do, but I reiterate that this an allocation from Walla Weir to alleviate could be to the detriment of the local timber what has just about become a critical industry and to the detriment of other water situation . . . users. On behalf of the different community groups in Bundaberg, I express grave concern . . . at the loss of this forestry land. Why should Burnett Shire residents Mr J. H. SULLIVAN (Caboolture) be under restrictions . . . because the (3.45 p.m.): Despite the wonderful introduction department won't allocate more water that I was given by the Opposition shadow when the premier is promising more cane spokesman in his foreshadowing of what we land supported by water from Walla were going to speak about, I want to talk a Weir . . ." little bit about the State Forest 779 proposal, They are the concerns about this revocation. which is the first proposal. I have just received a copy of the speech that the Minister gave in There is another point that is fairly moving this motion. I refer the Minister to the important to make. It really makes a mockery bottom of page 2 and the second last and last of the one billion trees program to knock down dot points, which state— and sell off plantation timber without its "Under the provisions of the replacement, especially in a location in which Government land management system, there are already very, very significant areas of DPI Forestry will be entitled to retain 50 agriculture. Danielle Cronin wrote a News-Mail per cent of the net proceeds of the editorial which put it very succinctly— sale"— "But, what's the point of planting of State Forest 779. The Minister went on to more sugar cane if there is not enough state that the same process is looking to be water to sustain the crops? put in place for State Forest 840 to the north The Walla Weir is expected to of 779. The Government land management provide 'short term' relief for the water system, as far as I was concerned, was to rid shortage in the district. us of surplus land and to encourage However, we have to look at 'long departments such as the Department of term' solutions to our water problems." Transport or the Department of Education, which may have been holding surplus It goes on further— blocks—house blocks or even houses that the "Once the Gregory State Forest bill department was renting out in the private had been revoked, Mr Borbidge said the rental market—to get rid of those holdings. To State Government would call for encourage them to do that, they were to be expressions of interest to buy the land. able to retain some of the proceeds of those sales. As far as I understood, it was about the In reality, more sugar cane means a disposal of surplus land. greater demand on the water supply." We are not talking about the disposal of Small crops growers with allocations of 10 surplus land here. The national forest policy megalitres have been told that they cannot statement talks about increasing the areas of get any more water, that there is none for plantation forest in this State. I am not wanting them. It is very difficult making a living out of to enter into the issues raised by the member 10 megalitres of water. Most cane farmers for Bundaberg. I am quite content with the would have an allocation of in the vicinity of idea that 779 might not be a terribly productive 300 to 400 megalitres. Those people do not forest area and that the best DPI Forestry have a chance of getting extra water in the could say is, "Let's get rid of it and get another future. That is why I raise these very serious spot." But for goodness' sake, let us allow DPI concerns at this time. I know that we are the full proceeds of the sale in order to buy looking at this situation, but even officers in alternative areas to create plantation. To allow the different departments in that area are now the department only 50 per cent is to in effect expressing those very concerns. say, "You are better off to hang on to your 29 Nov 1996 Revocation of State Forest Areas 4737 non-productive areas of plantation forest. You furore about the mayor's suggestion that we are not going to get the full proceeds of the consider recycling water from the sewerage sale, so you are not really going to be able to system. The community has roundly rejected do anything more productive with the money." that idea and I notice that the council has Let us be pragmatic about this. moved right away from that proposition. If the forestry holding that we have is not However, the issue that point raises is that the the productive area that we need in our fibre- shire is in a very awkward position when it producing industries, let us allow the sale to go comes to water and that water infrastructure through—fine, if that is the way it is going to such as this is very important. be—but for goodness' sake let us give the The council has thoughtfully provided me department the benefit of the full value of that with engineering drawings of what it plans to sale in acquiring an alternative holding so that do on this site. It is extremely thoughtful of we can be sure that we are not diminishing the council, but I do not have the skills to area of plantations in the State—we should be understand what the drawings mean. increasing it—and at the same time allow DPI However, I believe that these are important Forestry to actually manage its land-holdings matters and it is good to see at last that the effectively. There could be some question tenure of the land is to be formalised. about who actually owns the land given that The general thrust of these revocations is the proposal has been put forward by the the same as the thrust of most revocations Minister for Natural Resources. However, I over the time that I have been in the believe that we should be looking at a whole- Parliament. They make some adjustments— of-Government approach to these issues. the Minister might call them good neighbour We do not need Treasury to be adjustments—on the edges of some of the syphoning off funds from the sale of lands that forests, and it is appropriate that the State are plantation forest to use for other purposes. tries to deal with adjoining property holders in We should recognise that we need timber that good neighbourly fashion, particularly on resources—we need the fibre, we need the an issue such as the fifth proposal, for which I building materials. Let us give DPI Forestry the would like to express strong support. That full benefit of the value of the sale. I hope that proposal returns native forest areas into the if the process is too far advanced in relation to national park estate. Those are good things 779 for the Minister to be able to reverse that for this Parliament to be doing, good things for position, at least when we are looking at the future of our State and for our children's 840—which the Minister has flagged enjoyment of the State in the future. With here—and any future decisions of this nature, those few words, I support the motion before we should ensure that Forestry does receive the House. that benefit. Mr ARDILL (Archerfield) (3.53 p.m.): I To go back to the wonderful introduction I agree with the member for Bundaberg in his was given by the member for Inala—I do want remarks about forestry reserve 779. The to talk a little bit about the third proposal, that Minister would be well advised to have a is, the one that is occurring in my electorate further look at this before he proceeds to where an area of land that has been used for revoke that declaration. When I was up there reservoirs and pumping stations for quite a having a look at some of these areas, I considerable period now is finally to be crossed the Burnett River upstream of that revoked from the State forest so that it can be location at a ford, and even after heavy rain used for that purpose. The main going across that river was still not running. That was in the to Bribie Island is being replaced at the early part of this year, during the official moment, and for very good reason. In about Queensland wet season. There was no flow in 11 years the permanent population on Bribie the Burnett River. The member for Bundaberg Island has gone from 4,500 to 14,500. It is a is correct. There certainly is a water problem growing area. But it is quickly being overtaken there, and it seems foolish to proceed with by the population on the near mainland— something which is clearly out of date and places like Ningi, Sandstone Point, Bribie requires further thought, that is, the proposal Pines and even the newer area of Palm to destroy forest for further cane land which is Grove. not going to be terribly productive under those In a very short period, these places will sorts of circumstances. have significant populations of their own. With As the member for Caboolture said, items that kind of growth, the supply of water in the (b) and (f) are good neighbour proposals and Caboolture Shire is a matter of grave concern nobody should have any objection to them. I to us all. Recently, there has been some disagree with the member about unqualified 4738 Revocation of State Forest Areas 29 Nov 1996 support of the revocation of State forest 169. I what is proposed and he is generally in have a question about it. Of course, nobody agreement with it. would dare oppose the revocation at Blair The member for Bundaberg raised some Athol under item (d) while the Minister for points and has reservations about having the Transport is in the Chamber. Clearly, it is a area of State Forest 779 excised. Of course, very necessary revocation. the problem is that half the area is presently I wish to refer to item (e), forest reserve clear. We cannot unscramble the egg. In a 169 at Good Night Scrub. When I looked at it, sense, it is already all over. I also mention that the area from the eastern slope had been this was planned in May 1994 under the Labor clear-felled for miles. It is a moonscape. Government. I understand that things do Certainly, a lot of replanting should go on in change, but I believe that we will be able to areas such as that. We are talking about 15 put in place better and additional water per cent of the forest that was there. The facilities in that region. Let us hope that the eastern slope from that Good Night Scrub drought does not continue. forest down to the Burnett River is a clear The member for Archerfield mentioned example of where planting should take place. that, when he went up to the Burnett River That area, having been totally clear-felled, during the wet season, there was not a lot of really does look pretty tacky. water in that river. It has been so dry for so I ask whether this land is really suitable for long. Let us hope that these droughts do not a national park while it has a great hole in the continue. The salt intrusion in the whole middle. Either the map that we received has Bundaberg region right through to the coast something wrong with it—maybe it was not has been brought about by the drought. The filled in—or there is a great doughnut-like hole rivers will not run until we get back to some in the middle of this forest. I am wondering normal seasons, and we hope those normal why it is being left out of the proposal. seasons come sooner rather than later. Good Night Scrub was settled in the early The member for Caboolture talked about part of this century, in fact I think before World the Government land management system War I. There is still a community there, with a and said that we should be getting a better community hall and that sort of thing. I percentage than 50 per cent of the money certainly agree that this land, now that it is not back to put into new forest areas. I agree with required for forestry, should be set aside. It his view. The member would appreciate that eventually will make a good national park, but we are negotiating with Treasury now. This why is that doughnut-like hole left in it? I can process was already under way when we understand the section down on the lowland came into Government. We are looking to beside the Burnett River being left aside, improve that process, but we do what we can. because perhaps when the Walla weir is in Sometimes, State forests are being used for operation the water will be dammed up on the other purposes. For instance, if there is a need river and flow into a section of it. However, I for a road or some development purposes, we cannot understand what purpose this very try to get people to either replace that forest large hole in the middle of the proposed with a piece of land the same size somewhere national park will serve. I ask the Minister what else, perhaps attached to a different State it is there for. forest. We always try to get a good deal. In closing, I would certainly like to support We are working with Treasury to try to get the member for Bundaberg in asking for 100 per cent of the money back. We need to reconsideration of the revocation of State remember that sometimes we are talking Forest 779 in the Gregory River area. about a piece of land that is half the size of Hon. H. W. T. HOBBS (Warrego— the original piece of land. If that smaller piece Minister for Natural Resources) (3.57 p.m.), in of land is of better quality, we will get better reply: I thank Opposition members for their timber from it. That is taken into consideration. general support for this motion. I was going to This deal will be okay. I am sure we can find thank them for their total support, but better land for plantation than is presently obviously there are a few diverse views within being used. their ranks. We have heard constructive The member for Archerfield talked about discussion about these revocations. the doughnut hole in the middle of that map. Let me deal first of all with the comments The hole represents plantation areas within of the shadow Minister. He expressed his the State forest and the future of these areas support for this revocation and I thank him for will be determined at the maturity of the that. He has obviously had a good look at plantation. That is the reason for the hole. I 29 Nov 1996 Education (Overseas Students) Bill 4739 thank Opposition members for their general either put in bids or were part of composite support of this proposal. bids. I am aware particularly of a bid that was Motion agreed to. put in by Griffith University for the establishment of a centre for indigenous knowledge, management and policy. Griffith EDUCATION (OVERSEAS STUDENTS) University has a strong track record in terms of BILL involvement in this area of higher education Second Reading for Aboriginal and Torres Strait Islander people. I know a number of academics from Debate resumed from 15 May (see p. Griffith University who have been involved in 1109). my electorate in a range of issues over many Mr BREDHAUER (Cook) (4 p.m.): The years. I know that the university was prepared Education (Overseas Students) Bill is a Bill to make a substantial financial which relates to overseas students, and the contribution—something of the order of bulk of those students are in the area of $400,000 over the course of the program. I higher education. I want to take a liberty at the know that it had the strong support of a range start of the debate and talk about a higher of indigenous organisations in Queensland, education issue which is topical at the and particularly the strong support of the Cape moment. I refer to the indigenous higher York Land Council, Gerhardt Pearson, and the education set of programs announced earlier Quandamooka Land Council as well as this week by the Federal Government. I join exchanges of support with the Northern with the Minister in expressing my Territory and Wollongong Universities. disappointment that none of the Queensland It is a great shame that the Federal universities has received funding under this Government has seen fit not to fund any of program. Some $8.8m was allocated under those Queensland programs. I note also that this program by the Federal Government this the Federal Government has actually cut year. Five projects have been approved by the higher education programs for indigenous Federal Minister for Education, Senator communities by $100m in the Budget. I will Vanstone. Those five are: $1.68m to the come back to this issue of Federal cuts in the Curtin University of Technology in Western future. On the news last night I saw the Australia; $1.8m to the Northern Territory Minister saying that he would be making University; $1.72m to the University of Western representations to his Federal counterpart Australia—another one in the west; $1.8m to expressing his disappointment. The the University of South Australia; and $1.62m Opposition shares that disappointment. I to the University of Newcastle. understand that there were no Queenslanders I do not in any way try to disparage or represented on the seven-person committee. undermine the value of the programs that The committee comprised two people from the have been approved but I think it is ironic Australian Vice-Chancellors Committee, two when a State such as Queensland, which has people from the Indigenous Australian Higher the highest proportion of Aboriginal and Torres Education Association, two from the Strait Islander population in Australia—around Commonwealth Department of Employment, 2.4 per cent of Queensland's population are Education and Training and youth affairs, and Aborigines or Torres Strait Islanders—is not an independent chair. I do not know that the recognised. It is disappointing that important lack of a Queenslander on the appointment programs such as this do not recognise the committee contributed directly to the outcome. indigenous proportion of our community. It I think it is a great disappointment that we also does not recognise the efforts that we are do not have that result. I urge and encourage making in terms of higher education for the Minister to make the strongest possible indigenous people. I note that Queensland representations to the Federal Government. also has the second highest enrolments of He has the support of the Opposition because indigenous students in higher education of we believe it is important that we continue to any State in Australia. In 1995, New South generate programs like this, and particularly to Wales had a total of 1,944 Aboriginal and create role models for Aboriginal and Torres Torres Strait Islander students in higher Strait Islander people in Queensland and education and Queensland had 1,280. The particularly those who are interested in higher national total was 6,805. This State has education. roughly 20 per cent of the indigenous students Australia's education sector currently in higher education in Australia. earns approximately $2 billion per annum in It is a great disappointment. I am aware export income by selling education services to that most of the universities in Queensland full fee-paying overseas students. Almost 4740 Education (Overseas Students) Bill 29 Nov 1996

81,000 fee-paying overseas students were issues has been very topical in Queensland in enrolled in Australian educational institutions in particular but also throughout Australia. There 1995, an increase of over 15 per cent on the is no doubt that overseas students have previous year's enrolments and with figures added a whole new dimension not just to our showing dramatic growth over the last decade. educational institutions but to our society Educating overseas students represents a generally. They have contributed culturally and major source of export earnings both for socially to our community. They are active and Queensland and Australia at a time when outspoken exponents of their own culture and balance of payments deficits are foremost in their own race and they have a right to be the thoughts of many Governments and proud of their background. However, they are economists throughout the country. In also active and outspoken exponents of the Queensland, in the tertiary sector alone, success of multiculturalism in Australia. overseas students are expected to contribute Despite the pitiful bleatings of a few so-called $300m towards the Queensland economy in leaders in the community, I want to stand here 1996. I noticed in today's Courier-Mail a today and say that I am proud of the role of reference to a statement by the Minister for multiculturalism in Australia and in Training and Industrial Relations that the Queensland. I think that our overseas international student programs at Queensland students add an important dimension to our TAFE grossed $10.2m in 1995-96—a fairly cultural development in Australia. substantial amount of money. Unfortunately, however, Australia's Nationally the tertiary education sector international reputation among overseas fee- accounts for over 70 per cent of enrolled paying students is, in my view, at some risk. overseas students but with the secondary Honourable members should pose the education sector attracting 11 per cent of question: why are overseas students choosing students, schools continue to be a significant Australia as the source of educational services player in providing educational services to fee- in such dramatically increasing numbers? Why paying students. In Queensland some 300 are overseas students prepared to come to overseas students are currently studying in Australia, to pay fees, and to be dislocated State high schools alone, a figure which from their families and communities to seek represents an increase of 15 per cent over last out educational services? The answer is year's enrolments. simple: it is because of the perception in the international community and the reality in The contribution of overseas students to Australia and especially in Queensland of the the Australian economy is not simply through quality and high standard of educational paying fees to the educational institutions. services that are provided through our Indeed, many institutions seek only to cover educational institutions at tertiary, post- the cost of delivering courses through the fees compulsory and secondary levels in particular. that they charge to overseas students. However, it needs to be remembered that There can be no doubt that the actions of overseas students also contribute towards the the coalition Government, particularly in economy through payments for rent and Canberra over recent months, places that accommodation, food, transport and social reputation and indeed the very standard of those services at considerable risk. I refer, of expenses. By increasing the economy in local course, to the Federal Budget and the areas they also contribute towards the slashing of higher education funding that has generation of employment and, of course, the occurred through that Federal Budget. participation of overseas students in our Senator Vanstone announced the higher education system, and the cooperation of education budget package on Friday, 9 education providers and other students in August. Cuts included cuts to the operating delivering those services provides important grants of 4.9 per cent between 1996 and cultural and social links as well as potential 1999-2000. No supplementary funding has trade links with foreign countries, especially our been provided for academic staff pay rises. major source countries for overseas students in Asia. Discretionary funding was cut by $84.5m in 1996-97 and $43m per year up to 1999-2000. I have to say to the Minister that I wrote This has particular implications for our this speech some months ago when the Bill overseas students and for other students in was first introduced into the Parliament. I our higher education institutions, because they dusted it off this morning. I think it is very inevitably raise the question of the quality of topical that I talk about the role of overseas educational services for overseas students. students in Queensland educational Those sorts of measures are likely to lead to institutions at a time when debate about race increased class sizes, decreased tutorial and 29 Nov 1996 Education (Overseas Students) Bill 4741 lecture contact hours, decreases in library both the Queensland and Commonwealth resources, decreases in course diversity, and a Governments are generating uncertainty in the range of other measures are all possible as minds of overseas fee-paying students about universities try to cope with the squeeze on the future of the delivery of fundamental their funding. educational services in Queensland and in The coalition Government's slashing of Australia. It is all very well to say that we can discretionary funding directly attacks the stop fly-by-nighters from operating in the quality assurance program of the previous market or that we can guarantee the quality of Labor Government. Discretionary funding has courses that are offered, but the Australian been a source of funding for universities to and Queensland Governments have purchase new technology and particularly for demonstrated that they are not up to the task staff development. The squeeze on of providing sound Government to the people universities puts in doubt their ability to provide of Queensland and delivering to them the international student support services, which services that they have a right to expect. The are important for people who are leaving their Australian Government particularly is not homes and travelling to a foreign country and prepared to guarantee the quality of for attracting students to Australian educational services that it offers either to universities. It is my very strongly held view Queenslanders or to overseas fee-paying that the quality of our educational services and students, particularly when it has cut funding the perception of it are at risk. We must bear and proposed increasing HECS fees— in mind that the perception of our institutions is although the Federal Government has now very important; it is not just what happens on struck problems in the Senate with the the ground, it is what people perceive to be proposed increases in HECS fees—at a time happening. Those are real threats to our when it is expecting specific education education export industry. providers to guarantee the quality of the courses that they offer. On 1 June, the Australian reported that vice-chancellors had begun discussing ways to I seek clarification from the Minister of a increase revenue from overseas students as number of issues in respect of specifics of the the Asian media carried negative reports Bill. I invite the Minister to canvass these about the effect of savage budget cuts on issues in his speech in reply. If he would Australian universities. I am aware that that prefer, I can raise them in the context of the was pre-Budget; however, the Budget bore clauses at the Committee stage. I note that out those cuts. The article in the Australian the Bill provides for an application for went on to say that key figures in the $2 billion registration accompanied by a fee prescribed education export industry warned that cuts under regulation. I seek advice from the that the Federal Government was proposing at Minister as to the level of the fee that it is that time placed the lucrative export market in anticipated will be charged and also an jeopardy. We need to remember that the undertaking that the establishment of the fee higher education sector accounts for over 70 will be essentially on a user-pays basis to per cent of fee-paying students in Australia. cover the cost of registration and not be used The article in the Australian went on to say as a revenue-generating exercise for the that two Malaysian newspapers, the Star and Government. the New Straits Times had run stories on the I point out also that the Commonwealth Australian higher education cuts titled Government has also announced that it will "Funding Cuts Likely to Hit Malaysians" and have a provider registration fee for the "Winter of Discontent Over Proposed Cuts in registration of providers of education and Tertiary Education Budget". training to overseas students in Australia on The problem does not end there, as both the Commonwealth register of international the Queensland and Commonwealth courses for overseas students and a student Governments continue to neglect their information services fee for the provision of responsibilities in the TAFE sector or to information services to applicants for a student increase fees in the TAFE sector, the other visa to study in Australia. It seems to me that area that attracts a significant number of fee- the two levels of Government are double paying students from overseas. It is ironic that dipping in terms of charging fees to overseas today we are debating in this Parliament a Bill fee-paying students. I am conscious of the that seeks to give greater certainty to overseas fact that, although Australia has a reputation fee-paying students by enabling the for quality, the price factor in this market must registration of persons or institutions providing still be considered. If we are whacking on fees courses to overseas students and for the at all levels of the operation, I suspect that certification of those courses at a time when that could create a problem for us. 4742 Education (Overseas Students) Bill 29 Nov 1996

I seek an assurance from the Minister Hon. R. J. QUINN (Merrimac—Minister that, especially in respect of overseas fee- for Education) (4.20 p.m.), in reply: I thank the paying students in the State school system, Opposition for its support of the Bill. In his fees charged are established on a full-cost speech, the Opposition spokesman was recovery basis. It would be my view that, if we correct in saying that Australia has a very high are offering education services to overseas quality education system, one that is held in fee-paying students in our State schools, good standing by our Asian neighbours. It is in particularly our high schools, that should not the interests of all States and the be at the expense of our own schools or our Commonwealth to protect our reputation in own students. The determination of the fees that regard. This Bill builds on the good should be on a full cost recovery basis. reputation that we have. There have been instances in other States where private In the Bill that was tabled in the providers have not lived up to their obligations Parliament, the Opposition had a reservation in terms of providing the service that they said in respect of clause 11(1), which I noted was they would provide when they charged their also alluded to by the Scrutiny of Legislation fees. Those messy instances in those States Committee in its Alert Digest. I have spoken to have, in some cases, tarnished our reputation the Minister in relation to that clause. That overseas. clause allows the chief executive the power to suspend or cancel a registration. Clause 11(1) Fortunately, that has not happened in states— Queensland. We have been vigilant and we have escaped those sorts of incidents. This "If the chief executive believes a legislation builds on that good reputation. The ground exists to suspend or cancel a legislation has had the cooperation of all the registration (the 'proposed action'), the industry participants and the various chief executive may give the holder of the institutions. By and large, I think that it will registration written notice . . . " move us into the position where we can I understand that the intention of that safeguard that reputation for years to come. provision is so that the chief executive is not The shadow Minister raised a number of compelled to take action to suspend or cancel issues. Firstly, I will address the issue of the if he believes a ground exists. The level of fees. My understanding is that the Government is trying to build in some flexibility registration fee is intended to be the smallest for the chief executive; however, I believe that in Australia at $300 per annum. I am not too the way the clause is drafted is not clear. In sure what the Commonwealth fee may be. In my view, it gives the chief executive an option fact, it slides slightly up on that figure. As I of whether he needs to notify the person in understand it, Queensland intends to take writing. I do not want to take away the option over the legislative base for this particular to proceed to suspend or expel, but I do activity and it will up to the Commonwealth as believe that, if the chief executive does decide to whether or not it will charge fees in the to proceed to suspend or cancel the future. I would be in accord with the member registration, he or she should have an if, in fact, the Commonwealth continues to obligation to provide notice in writing. I have charge fees when, in fact, Queensland has an amendment to move to that effect. I ask the legislative base for it. I think that the the Minister to indicate in his reply his views in Commonwealth ought to move out of the respect of that. arena once this legislation goes into place. I also note the reservation of the Scrutiny With regard to the fees for State schools, of Legislation Committee in regard to Division that is an issue that we address every year in 4 of the Bill on delegations. This is a matter terms of trying to make sure that our fees are that appears regularly in the Alert Digest from on a competitive level. We realise that the Scrutiny of Legislation Committee, that is, Queensland is in competition with the other that legislation is not sufficiently specific about States of Australia to attract students to its who is qualified to be delegated powers. State school system. Periodically, we review the level of fees in accordance with The Opposition will not oppose the Bill movements in the CPI. I think that there is before the House today, because we probably one coming up pretty soon in that understand the need to provide security to regard. Overall, we try to keep our fees as overseas fee-paying students about the attractive as possible but at the same time try reputability of providers of education services to make sure that the presence of overseas to fee-paying students and of the quality of students in our schools does not detract from courses that they offer; however, I invite the the funding obligations that we have to our Minister to comment on those issues. own students. At the moment, I think it is of 29 Nov 1996 Education (Overseas Students) Bill 4743 the order of $8,000 per year per student. That Mr BREDHAUER: I want to speak to covers the costs of accommodating those this amendment. I appreciate that the Minister students in our schools. is wanting to accommodate the intention of The member raised the issue of moving my amendment. However, I am not actually an amendment. The Government is in accord sure that what he is proposing gives effect to with the intention of the member's proposed what I want to do. I need to be quite clear amendment. However, we think that we have about this, and I think that there is some a simpler way of doing it—simply changing the advice being sought so I will just explain my word "may" in clause 11 to "must". I think that reasons in some detail. will achieve the intention that the member Clearly, the intention of the current clause opposite wants to achieve in respect of that is that the chief executive has a discretionary clause. We have no problem with that. I also power if he or she believes that ground exists flag that the Government has another minor to suspend or cancel the registration to amendment to move as well. determine whether or not he or she should I thank the Opposition for its support for proceed to cancel or suspend the registration. the legislation. As I said before, I think that it So the chief executive has a discretionary builds on Queensland's reputation as a high- power under that clause. quality provider of education in an overseas The Opposition does not want to take market which is extremely competitive. One of away the discretionary power of the chief the very strong arms that we have going for us executive officer. If the chief executive officer in terms of marketing our product overseas is believes that a ground exists to suspend or our good reputation, and this Bill intends to cancel the registration but makes a protect that reputation. determination that that ground is not Motion agreed to. sufficiently serious to warrant the suspension or the cancellation, then I believe that the chief executive could, on examination of the Committee ground, make a decision that it is not in the Hon R. J. Quinn (Merrimac—Minister for best interests of the registered holder, the Education) in charge of the Bill. Government or the students to proceed. So I do not actually want to take away that Clauses 1 to 8, as read, agreed to. discretionary power. I think that it is fine for the Clause 9— chief executive officer to have that Mr QUINN (4.25 p.m.): I move the discretionary power. I am concerned about the following amendment— way in which the clause reads at present. It states— "At page 10, after line 18— "If the chief executive believes a insert— ground exists to suspend or cancel a '(5) A period of registration registration . . . the chief executive may mentioned in subsection (4)(a)(iv) or give the holder of the registration written (b)(iv)(B) must not be longer than 5 notice . . . stating the proposed action; years.'." stating the ground for the proposed Amendment agreed to. action . . ." Clause 9, as amended, agreed to. That clause is actually saying that the chief executive does not have to give notice in Clause 10, as read, agreed to. writing. I do not think that is what the clause Clause 11— intends to do. I think that the clause intends to Mr QUINN (4.25 p.m.): I move the give the chief executive discretionary power. If following amendment— the chief executive decides to exercise that power and to proceed to suspend or cancel, "At page 11, line 5— then I believe that the person who holds the omit— registration has a right to expect that he or she 'may' will receive notification in writing. insert— Although I appreciate the intention of the proposed amendment that the Minister has 'must'." moved, I think that if he simply deletes the The amendment simply deletes the word word "may" and replaces it with "must" he is "may" and inserts the word "must". I hope that effectively taking away the discretionary power that satisfies the member's concerns. of the chief executive to decide whether to 4744 Education (Teacher Registration) Amendment Bill 29 Nov 1996 proceed to cancel or suspend or not to quality of our education system for the proceed to cancel or suspend. students in our schools, their parents and the We are getting further advice on this community. It has also been an important matter, so I ask members to bear with me mechanism by which people who fail to because I think that it is an important issue to continue to live up to the expectations of the make clear. We do not want to take away the community and the profession in respect of discretionary power of the chief executive but education can be weeded out of the system to we want to ensure that if the chief executive is maintain the highest possible standards determined that he or she is going to proceed, across Queensland. in that case the chief executive must give The Queensland Opposition will be not be notice in writing to the person who is the opposing the Bill and the general content of holder of the registration. the amendments contained in the Bill, but we So in my view it is just a little bit more have one or two reservations which I will complicated. I recall the issue coming before outline shortly. the Scrutiny of Legislation Committee and I note with interest that the Minister has being canvassed in the Alert Digest. I do not essentially retained the same composition for have a copy of the Alert Digest with me. the Board of Teacher Education, albeit with However, I am concerned that we do not take the appropriate new title for the State Public away the discretionary power of the chief Services Federation, Queensland. Obviously, executive. the Minister's penchant for smaller corporate Mr QUINN: I think we have satisfied the structures on Queensland's educational member's concern under the heading institutions, regardless of the implications for "Procedure for suspension or cancellation". In community involvement or educational other words, if he decides to go down that outcomes, has taken something of a battering path, he must give written notice. I think that since the preliminary legislative proposal for an satisfies the concern. Education (School Curriculum P-10) Bill first hit the deck. It is to be hoped that the Minister, by Mr BREDHAUER: I thank the Minister. his backflip in that case, has learned the Amendment agreed to. lesson that smaller is not necessarily better if it Clause 11, as amended, agreed to. is to preclude meaningful involvement by parents and teachers, which is not just a Clauses 12 to 37, as read, agreed to. legitimate expectation by their representative Schedule, as read, agreed to. organisations but by the community generally. Bill reported, with amendments. It was just coincidental that they should come so closely together. Whilst it might be ideologically appealing Third Reading to the Minister to stick the knife occasionally Bill, on motion of Mr Quinn, by leave, read into the private and State school teacher a third time. unions, hopefully he has learned that both organisations have contributed not just in the industrial arena but in the professional, social EDUCATION (TEACHER and curriculum development of Queensland's REGISTRATION) AMENDMENT BILL education system, in the case of the QTU, for Second Reading over 100 years. Debate resumed from 10 July (see Clearly, the primary obligation of the p. 1469). board prior to granting registration is to be Mr BREDHAUER (Cook) (4.33 p.m.): In satisfied that the person making the speaking to this Bill, I should start by pointing application has the appropriate qualifications out that Queensland's system of registration of to be registered to teach in Queensland teachers has, in the vast majority of cases, schools. I note that the Board of Teacher been an effective and efficient tool for Registration indicated publicly some months ensuring the quality and professional integrity ago that it intended to set new standards for of teachers in Queensland schools. The these qualifications and, in future, would registration of teachers as a system of require a degree standard as a minimum for ensuring that they have adequate and registration from new applicants for teacher appropriate qualifications or that they are a fit registration in Queensland. This is not the first and proper person to be teaching in time that this issue has been raised. I have Queensland schools is an important principle recollections of the Board of Teacher in providing certainty and security about the Registration canvassing higher qualification 29 Nov 1996 Education (Teacher Registration) Amendment Bill 4745 standards on at least two occasions in the last such actions to be deemed an offence under 15 years. I think in large part it reflects the this Act and subject to penalty. trends in teacher education whereby most The Opposition also supports the capacity graduates these days do actually possess of the board to conduct inquiries into whether degree-standard qualifications. an applicant is a fit and proper person to be However, it is interesting to note that the registered as a teacher in Queensland. If the move by the Board of Teacher Registration decision of the board not to register an towards establishing a degree standard as the applicant as a teacher can be appealed to a minimum requirement is occurring in a climate District Court, then clearly the board needs where the higher education funding in this certain powers to enable it to come to country is under a serious threat from the informed decisions about the application prior Federal coalition Government and that this to making their final decision. may create additional financial burdens for One area where the Opposition has some people training as teachers. One of the concern is in respect of the definitions under concerns that I have in terms of pre-service clause 53 of the Bill. I refer, in particular, to a education for teachers is that many of the new definition which has been included which students who are now being attracted to suggests that the definition of the term teaching as a career are people from poorer "convicted" means found guilty, or having a socioeconomic backgrounds. The facts that plea of guilty accepted in a court, whether or we have now a degree standard being applied not a conviction was recorded. Honourable by the Board of Teacher Registration, that members should bear in mind that, if a HECS is going to increase, and so on, will conviction is recorded, that would affect the actually make it harder for us to get high future prospects of that person's continued school graduates into education in my view. employment. The court will often take this Another important issue which the recourse specifically because it knows that to Government, and probably the Board of record a conviction against an individual Teacher Registration, needs to turn to is how places at risk that person's registration as a the education system in Queensland is able to teacher and future career, and that is continue to attract high school graduates of considered unnecessary in the circumstances high quality into education courses in post- of the particular incident. It is usually regarded secondary education. Whilst the professional as being too high a penalty for the nature of standing of teachers in the community is the offence. generally high, there is no doubt that many I also question the necessity for the Board capable students are choosing other courses of Teacher Education to have the power to of tertiary studies and other careers rather find a person in contempt of an inquiry body than pursuing the teaching profession. If we and to initiate a penalty for that contempt. I are going to attract more quality high school appreciate that the board needs to be able to graduates to pursue a career in teaching and rely on the integrity of its inquiry processes, but to maintain the standards of service delivery in given that it is not a court or an official education to which Queensland parents and commission of inquiry, which is where the community have become accustomed, contempt proceedings are normally part of the then it will be necessary to address the issue operations, I question whether normal of the professional standing of teachers, recourse to civil law is not adequate in the including their working conditions. This case of the Board of Teacher Education and Chamber is like the Flinders Club at whether it does in fact need the capacity to Hughenden on a Friday afternoon! implement penalties for contempt in its own Mr SPEAKER: Honourable members right. With those few words, I reiterate that the will resume their seats. Opposition will not be opposing the Bill, but I Mr BREDHAUER: Undoubtedly, there do ask the Minister to clarify those few issues. are a number of unscrupulous individuals who, Hon. R. J. QUINN (Merrimac—Minister in applying for registration as teachers, are for Education) (4.42 p.m.), in reply: I place on prepared to falsify or forge documents or in record the Government's appreciation of other ways mislead the board in terms of the having the Opposition's support for this piece qualifications which they possess to be of legislation. As I said in my second-reading registered as a teacher in Queensland. In speech, it is an important aspect of making such circumstances, it is clearly appropriate sure that we have in our schools teachers of that the board has the capacity to initiate the highest professional integrity and calibre. proceedings against such a person and for This is a loophole that I think has been 4746 Sea-Carriage Documents Bill 29 Nov 1996 exploited in the past. The board wishes to Clauses 1 to 8, as read, agreed to. have the loophole closed. Clause 9— I note the member's comments about Mr QUINN (4.47 p.m.): I move the Queensland being one of the very few States following amendment— to have a Board of Teacher Registration. As I said before, we have no intention of abolishing "At page 10, lines 17 to 29 and page the board. We think it does a very good job in 11, lines 1 to 11— Queensland in ensuring that our teachers are omit." of the highest possible calibre. Clause 9, as read, negatived. I will address some of the concerns of the honourable member about the clause which Clauses 10 to 12, as read, agreed to. refers to teachers needing to have no Clause 13— convictions recorded against them, and the Mr QUINN (4.47 p.m.): I move the launching of an investigation by the board. following amendment— That is based on past experience. It is in the public interest in general, and in the interests "At page 27, line 26, 'or (e)'— of children in particular, that the new extended omit." definition of "convicted" be supported; that Amendment agreed to. teachers be required to advise the board of a conviction and that inquiries continue to be Amendment agreed to. conducted into all registered teachers found Clause 13, as amended, agreed to. guilty of an indictable offence. Transcripts of Clause 14, as read, agreed to. cases where no conviction is recorded sometimes reveal that the determination of Clause 15— such a lenient sentence has been influenced Mr QUINN (4.47 p.m.): I move the by a belief, quite often unfounded, that the following amendment— teacher has already been automatically barred "At page 33, line 15— from ever teaching again. That can sometimes weigh heavily on the judgment. omit, insert— The board believes that the extended '(2) After the inquiry, the board must definition of "convicted" is an important make its order under section 45R. additional safeguard for Queensland children, '(3) However, the order may only be and that it is necessary for the board to be of a type mentioned in section 45R(1)(a) notified of such offences. There was an to (d) or (f).'." example on the north coast where a person tried to start up a non-Government school. As The purpose of this amendment is to omit an interstate teacher, he had a record. He the retrospective application of a penalty order carried a "no convictions" record with him to under the combined effect of proposed Queensland. He could have been registered sections 45R and 67. The amendment is and could have started up his own school. consistent with the fundamental legislative That is a specific example of an instance principle that legislation should not impose where this legislation would have captured obligations retrospectively. such a person. Amendment agreed to. The necessity of incorporating powers to Clause 15, as amended, agreed to. inflict the penalty for contempt is covered in Schedule, as read, agreed to. the respect that the board already has this power. The Bill maintains the status quo. The Bill reported, with amendments. board's powers are refined under the amendments. The amended Bill better defines Third Reading and confines the board's powers without reference to the more intrusive commission of Bill, on motion of Mr Quinn, by leave, read inquiry powers. That provision has always a third time. been there, but this Bill further defines it. I thank the Opposition for its support of the Bill. SEA-CARRIAGE DOCUMENTS BILL Motion agreed to. Second Reading Debate resumed from 24 July (see Committee p. 1812). Hon R. J. Quinn (Merrimac—Minister for Ms SPENCE (Mount Gravatt) Education) in charge of the Bill. (4.50 p.m.): The Opposition supports this Bill, 29 Nov 1996 Sea-Carriage Documents Bill 4747 designed to update legislation to ensure that the increased use of containerised shipping or Queensland laws relating to the carriage of bulk cargoes. However, I have consulted with goods by sea meet the demands of industry representatives, and I am assured commercial practice both here and abroad. that this legislation satisfies the requirements We note that Queensland is the first State in of industry development and the needs of Australia to introduce a Bill which redresses modern commercial practice. The Opposition the inadequacies of the existing nineteenth will support the Bill. century legislation in this area. We note Queensland's leadership role in adopting Hon. D. E. BEANLAND (Indooroopilly— legislation that meets the demands of modern Attorney-General and Minister for Justice) developments in the export industry and the (4.52 p.m.), in reply: I thank the Opposition for importance of this reform to the State's its support for this legislation. It is a leading- economy. We understand that other States edge piece of legislation. will shortly be following suit with similar I note that the Scrutiny of Legislation legislation. Committee in its Alert Digest praised the I congratulate the Minister and his drafter of the Explanatory Notes that were department on the level of consultation with attached to the legislation. So often we get interstate and international bodies, as well as brickbats from the Scrutiny of Legislation commercial interests, in the framing of this Committee, so I congratulate the officer who legislation. The legislation repeals section 5 to largely drafted this particular piece of 7 of the Mercantile Act, which contains the legislation together with the Explanatory current law relating to entitlement to sue under Notes, who in fact was on secondment from a bill of lading and provides new sections in private enterprise. this Bill which extend the right to sue to certain Motion agreed to. conditions not previously covered. It makes it clear that rights of suit in relation to any document can exist in respect of goods which Committee are not ascertained or have ceased to exist, as when goods form part of the larger bulk or Clauses 1 to 11 and Schedule, as read, where goods form part of a large bulk or where agreed to. goods are destroyed in transit. Clause 6 of the Bill reported, without amendment. legislation makes clear who is entitled to claim possession of goods, who can assert contractual rights against the carrier and who Third Reading can exercise rights of suit in the case of lost or damaged goods. Bill, on motion of Mr Beanland, by leave, read a third time. I profess no great expertise in the area of maritime law nor in the problems involved with The House adjourned at 4.55 p.m.

J. R. SWAN, GOVERNMENT PRINTER, QUEENSLAND—1996