25 May 1999 Legislative Assembly 1783

TUESDAY, 25 MAY 1999 Sale of Liquor by Major Retailers From Mr Schwarten (15 petitioners) requesting the House not to increase the already extremely high market share of the Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) major retail chains by extending to them the read prayers and took the chair at 9.30 a.m. right to sell takeaway liquor. Petition received. ASSENT TO BILLS Mr SPEAKER: Order! Honourable PAPERS members, I have to report that I have received from His Excellency the Governor a letter in PAPERS TABLED DURING THE RECESS respect of assent to certain Bills, the contents The Clerk informed the House that the of which will be incorporated in the records of following papers, received during the recess, Parliament— were tabled on the dates indicated— GOVERNMENT HOUSE 7 May 1999— QUEENSLAND Board of Teacher Registration—Annual 6 May 1999 Report 1998 The Honourable R. K. Hollis, MLA Board of Trustees of the Brisbane Speaker of the Legislative Assembly Grammar School—Annual Report 1998 Parliament House Board of Trustees of the Ipswich Girls George Street Grammar School—Annual Report 1998 BRISBANE QLD 4000 Board of Trustees of the Rockhampton Dear Mr Speaker Grammar School—Annual Report 1998 I hereby acquaint the Legislative Assembly that Board of Trustees of the Toowoomba the following Bills, having been passed by the Grammar School—Annual Report 1998 Legislative Assembly and having been Griffith University—Annual Report 1998 presented for the Royal Assent, were assented to in the name of Her Majesty The Queen on 30 James Cook University—Annual Report April 1999: 1998 A Bill for an Act to amend the Criminal Queensland University of Technology— Code, and for other purposes Annual Report 1998 (Volume 1 and 2) A Bill for an Act to amend the Retail Shop University of Queensland—Annual Report Leases Act 1994 1998 and Appendices University of Southern Queensland— A Bill for an Act to amend the Legislative Annual Report 1998 Assembly Act 1867 and the Officials in Parliament Act 1896 Board of Trustees of the Townsville A Bill for an Act to amend the Police Grammar School—Annual Report 1998 Powers and Responsibilities Act 1997 and 10 May 1999— certain other Acts to clarify requirements Cane Protection and Productivity relating to the keeping of registers under Boards—Annual Reports 1998 those Acts, and for other purposes Queensland Pork Producers Organisation/ A Bill for an Act to make various State Council—Annual Report 1998 amendments of Queensland statute law Queensland Cane Growers Council and A Bill for an Act to provide for the control Controlled Entities—Annual Report 1998 generally of sources of ionising radiation 13 May 1999— and harmful non-ionising radiation, and for other purposes Queensland Theatre Company—Annual Report 1998 The Bills are hereby transmitted to the Legislative Assembly, to be numbered and 14 May 1999— forwarded to the proper Officer for enrolment, Board of Trustees of the Brisbane Girls in the manner required by law. Grammar School—Annual Report 1998 Yours sincerely Board of Trustees of the Ipswich Grammar (Sgd) Peter Arnison School—Annual Report 1998 Governor Central Queensland University—Annual Report 1998 18 May 1999— PETITION Auditor-General's Report No. 5 1998-99 on The Clerk announced the receipt of the Audits performed for 1997-98 as at 31 following petition— March 1999 1784 Papers 25 May 1999

STATUTORY INSTRUMENTS Primary Producers (Levy on Cane The following statutory instruments were tabled Growers) Amendment Regulation (No. 1) by The Clerk— 1999, No. 74 Bills of Sale and Other Instruments Act 1955— Revenue and Other Legislation Amendment Act 1999— Bills of Sale and Other Instruments Regulation 1999, No. 79 Proclamation—certain provisions of the Act commence in accordance with the Bills of Sale and Other Securities Amendment schedule, No. 82 Act 1999— South Bank Corporation Act 1989— Proclamation—the provisions of the Act that are not in force commence 7 May South Bank Corporation Amendment 1999, No. 78 Regulation (No. 1) 1999, No. 88 Transport Operations (Passenger Transport) Civil Justice Reform Act 1998— Act 1994— Civil Justice Reform (Postponement of Transport Operations (Passenger Automatic Commencement) Regulation Transport) Amendment Regulation (No. 1) 1999, No. 70 1999, No. 73 Commissions of Inquiry Act 1950— Transport Operations (Road Use Management) Commissions of Inquiry (Queensland Act 1995— Constitutional Review Commission) Transport Infrastructure (Roads) Regulation 1999, No. 85 Amendment Regulation (No. 1) 1999, Corrective Services Legislation Amendment Act No. 89 1999— University of Southern Queensland Act 1998— Proclamation—the provisions of the Act University of Southern Queensland that are not in force commence 1 May Statute No. 1 (Admission of Students) 1999, No. 72 1999 Electricity Act 1994— University of Southern Queensland Electricity Amendment Regulation (No. 3) Statute No. 2 (Entitlement to Degrees and 1999, No. 75 Other Awards) 1999 Forestry Act 1959— University of Southern Queensland Forestry Legislation Amendment Statute No. 4 (Fees) 1999 Regulation (No. 1) 1999, No. 76 University of Southern Queensland Forestry (State Forests) Amendment Statute No. 5 (Election of Elected Regulation (No. 1) 1999, No. 87 Members of the Council) 1999 Gas Pipelines Access (Queensland) Act 1998— University of Southern Queensland Statute No. 6 (University Rules) 1999 Gas Pipelines Access (Queensland— Postponement) Regulation 1999, No. 86 MINISTERIAL RESPONSE TO A PARLIAMENTARY COMMITTEE REPORT Nature Conservation Act 1992— The following response to a parliamentary Nature Conservation (Duck and Quail committee report, received during the recess, Harvest Period) Notice 1999, No. 77 was tabled by The Clerk— Land and Resources Tribunal Act 1999— interim response from the Premier (Mr Proclamation—the provisions of the Act Beattie) to a report of the Legal, stated in the schedule commence 30 April Constitutional and Administrative Review 1999, No. 71 Committee entitled The preservation and enhancement of individuals' rights and Land Tax Act 1915— freedoms in Queensland: Should Land Tax Regulation 1999, No. 83 Queensland adopt a bill of rights? Liens on Crops of Sugar Cane Act 1931— MINISTERIAL RESPONSES TO PETITIONS Liens on Crops of Sugar Cane Regulation The following responses to petitions, received 1999, No. 80 during the recess, were tabled by The Clerk— Pay-roll Tax Act 1971— Response from the Minister for Environment Pay-roll Tax Regulation 1999, No. 84 and Heritage and Minister for Natural Resources (Mr Welford) to a petition presented by Mr Plant Protection Act 1989— Reeves from 72 petitioners, regarding the use Plant Protection (Banana Black Sigatoka— of environmentally unfriendly packing Torres Strait Islands) Quarantine Notice products— 1999, No. 81 Thank you for your letter of 4 March 1999 Primary Producers Organisation and Marketing concerning a petition received from Act 1926— Cecilia Hodgson on behalf of petitioners 25 May 1999 Papers 1785

requesting the Minister for Environment Response from the Minister for Health (Mrs and Heritage and Minister for Natural Edmond) to a petition presented by Mr Stephan Resources to prevent damage to the from 3,536 petitioners, regarding services environment by the use of environmentally provided by the Gympie Hospital— unfriendly packing products, ie plastic Thank you for your letter of 24 March carry bags used at shopping outlets 1999 concerning services provided by the throughout the State. The petition Gympie Hospital. requests that steps be taken to prevent these environmentally unfriendly products, The District Manager, Gympie District which often end up in our waterways, from Health Service advises that medical being distributed at supermarkets and services provided by the Gympie Hospital other retail outlets. have not been reduced. The management and staff at the Hospital are constantly It is not clear that the State Government working to improve and increase the has the legislative ability to stop the use of quantity and quality of clinical services plastic shopping bags being distributed to provided to the people of the Cooloola supermarkets and other retail outlets. and surrounding Shires. Due to savings Stopping their use would be better dealt generated by a recent initiative to improve with on a national basis by the the efficiency of service delivery at the Commonwealth Government. Gympie Hospital, which I presume has Plastic shopping bags become an prompted this petition, the District environmental problem when individuals Manager is now in a position to employ a dispose of them in an inappropriate part-time Specialist Anaesthetist to manner and they end up as litter in the enhance the quality of anaesthetic broader environment. While this can and services at the Gympie Hospital. does occur, the majority of plastic This is a good example of how District shopping bags end up in land fill where Management and staff, as part of their they occupy little space and, due to their continuous improvement process, are nature, do not breakdown and generate constantly looking at ways of improving leachate. service delivery in the Gympie District. Nevertheless, there have been initiatives As you would appreciate, there is a finite by governments and industry to recover budget to provide Health Services and reprocess plastic shopping bags. throughout the State of Queensland and I understand that Coles Myer, Woolworths there will always be pressures to provide and Franklins have recycling bins at most, more funding. However, the Gympie if not all of their stores where customers Hospital has its fair share of that budget may deposit unwanted plastic shopping with which to provide efficient and bags. Bags are reprocessed into non- effective health services to the people of food products such as outdoor furniture, the Cooloola and surrounding Shires. supports for concrete reinforcing, plastic The delivery of health services throughout irrigation pipes and plant pots. Some Australia is going through significant reprocessing is carried out in Queensland change with the impact of technology and by Queensland Polymer Corporation treatment methods. (Aust) Pty Ltd at Redbank and Poly Recyclers Pty Ltd at Brendale, which adds I understand the community's concern to local employment and the expansion of about any change to health service Queensland's manufacturing base. delivery. However, I can assure you the changes are designed to improve both the To deal with the littering problem, quality and quantity of our health services, Queensland local governments currently not reduce them. administer the Litter Act 1971. I am presently proposing to update the litter Thank you for bringing this matter to my control provisions in an Environmental attention and I trust this information is of Protection (Waste Management) Policy assistance. and associated Regulation that is currently Response from the Minister for Health (Mrs under development. Edmond) to a petition presented by Mr Turner While acknowledging the concerns of the from 280 petitioners, regarding the petitioners, I trust these actions will Transplantation and Anatomy Amendment Bill demonstrate that this Government is introduced on 10 November 1998— addressing the matter appropriately and Thank you for your letter concerning that action to prevent the use of plastic organ donation and for your verse on shopping bags is not warranted at this Remembrance. time. With respect to the issue of organ Thank you for bringing this matter to my donation and the Private Member's Bill put attention and I trust this information is of to the Queensland Legislative Assembly assistance. by Mr Ken Turner, whilst very worthy in 1786 Notice of Motion 25 May 1999

principle, a number of problems have been 'Queenslanders Donate' will consist oil a identified by Advisors to the Government. number of staff including a Manager First, a 'tick' on a driver's licence is only an supported by a transplant clinical indication of a preference rather than committee for the provision of policy constituting valid consent. When people direction. The new structure will be tick the box to donate they are agreeing evaluated in 12 months to assess its to donate any organs or tissues that may effectiveness in increasing the rate of be required. Second, no witness is organ and tissue donation. required to authenticate the marking of the Following Parliamentary debate on the licence. Third, the 'undecided' (U) section Transplantation and Anatomy Amendment on the licence application is of no value to Bill on 14th and 28th April 1999 a either medical staff or relatives at the time Parliamentary Committee was set up to of death. Fourth, the motor registration examine the issues and suggest further branch is not suitably equipped to action. This committee, the 'Legal, respond to enquiries concerning this Constitutional and Administrative Review important decision. Fifth, in the case of Committee' is calling for submissions with road accident, for example, the driver's respect to the Transplantation and licence is not always available to medical Anatomy Amendment Bill. Submissions staff attending the patient. These issues close at 5.00pm, Friday, 11 June 1999. are of such major legal and ethical Should you wish to make a submission the importance that it is not possible for a address is: The Research Director Legal, responsible government to ignore them. Constitutional and Administrative Review Other concerns arise if there is a change Committee, Parliament House, George of attitude on the part of the potential Street BRISBANE QLD 4000 Fax: donor. A driver's licence is renewed every (07)3406 7070 E-mail: five years. During the intervening period [email protected] people may reconsider their decisions but Should you require further information not have the availability or time prior to concerning the donation of organs the death to register this decision. In such an Princess Alexandra Hospital Donor event relatives could be left with Coordinator on call is available to respond conflicting attitudes with respect to the to your enquiries. deceased's wishes. Further, computer error is always a Queensland Health is committed to concern even when notification of a improving the Organ Donation Program to change of decision has been registered. overcome some of the barriers. A Specialist Advisory Panel has been One of the most important issues to be established to advise on changes in considered is the wish of the deceased's approach. Unfortunately, what may appear family. The Princess Alexandra Hospital on the surface to be a simple and Donor Coordinator Unit recommends that straightforward way to resolve the persons wishing to donate organs or problems you identify, given the legal and tissue after death should thoroughly social environment of our society today discuss their intentions with family the issues are actually much more including nominating those organs, tissues complex. or bones to be taken. While relatives may still veto the deceased's wishes, I trust this information will be of assistance preparation for a request for organ to you. donation may assist grieving relatives to make a considered decision. Available at Post Offices and News NOTICE OF MOTION Agencies are copies of the 'Advance Health Directive' which provides further Stolen Generation information concerning organ donation. However, this document has as yet, no Hon. P. D. BEATTIE (Brisbane Central— provision for a form of valid consent. ALP) (Premier) (9.32 a.m.):I move— To ensure an increase in the number of "That this House apologises to persons wishing to donate organs in Aboriginal and Torres Strait Islander Queensland, the Beattie Government has people in Queensland on behalf of all allocated funds to establish Queenslanders"—— 'Queenslanders Donate'. The initiative follows the South Australian example Mr NELSON: I rise to a point of order. Will established in 1996 which successfully there be any other apologies being made at increased organ donations from 14 to 15 the same time as this? per million of the population to 23 per million in 1998. This figure represents Mr SPEAKER: Order! There is no point of almost double the Australian average. order. The member will resume his seat. 25 May 1999 Ministerial Statement 1787

Mr NELSON: Like an apology from the development in the Asia-Pacific region—not Roman Government for the invasion of just in Australia but in the Asia-Pacific region. Britain—— Three new major biotechnology research Mr SPEAKER: Order! The member will centres will be established this year in resume his seat. Queensland. The first will be the $100m Mr NELSON: An apology from the Institute for Molecular Bioscience at the Norwegian Government for the Viking University of Queensland, where 700 world- invasions of Ireland? Is there going to be an class scientists and researchers will be working apology from the British Government for the by the year 2002. I think that all members convict settlement of this land as well? should pause for just a minute and think about what that critical mass of researchers will do Mr SPEAKER: Order! The member will not only in attracting other researchers but also resume his seat. I call the Honourable the in driving commercial opportunities out of that Premier. research. Mr BEATTIE: I give notice that I will move— Secondly, a $55m extension to the Queensland Institute for Medical Research will "That this House apologises to provide a Comprehensive Cancer Centre. Aboriginal and Torres Strait Islander Thirdly, a $13m Centre for Biomolecular people in Queensland on behalf of all Science and Drug Discovery, including Queenslanders for the past policies under incubation facilities, will be established at which indigenous children were forcibly Griffith University. The funding will be $8m from separated from their families and the State Government and $5m from the expresses deep sorrow and regret at the Griffith University. In addition, my Government hurt and distress that this caused. will provide $77.5m over the next 10 years to This House recognises the critical underpin the Institute for Molecular importance to indigenous Australians and Bioscience's ability to attract key individuals the wider community of a continuing and chief investigators and to form strategic reconciliation process, based on an research programs and alliances with local and understanding of, and frank apologies for, international industries. A further $30m will what has gone wrong in the past and total expand the Queensland Health Scientific commitment to equal respect in the Services laboratories, incorporating the future." National Research Centre in Environmental Toxicology. MINISTERIAL STATEMENT I told the Seattle conference that my Government is committed to working in Biotechnology partnership with industry in Queensland to Hon. P. D. BEATTIE (Brisbane Central— ensure the commercialisation of research into ALP) (Premier) (9.34 a.m.), by leave: I am new products and services and that the delighted to announce to the House that on Deputy Premier and I will pursue this as one of Wednesday last week in Seattle my the major strategies of the Government. I Government placed Queensland firmly on the called for expressions of interest from world biotechnology map. Biotechnology offers biotechnology corporations for the Queensland a new-age industry with establishment of significant new operations in thousands of long-term jobs. But we will only Queensland. This will include both the gain this industry if we act now, and act attraction of leading international companies to decisively. That is why I grabbed the undertake research and development and opportunity to put Queensland on the agenda commercialisation projects on a large scale on for about 5,000 of the world's leading their own behalf and attracting companies to biotechnology executives and researchers at collaborate with Queensland institutions in Bio '99, the world's biggest biotechnology specific research and development activities. conference. I told them that Queensland has Successful corporations will secure a everything needed to become one of the guarantee from the Queensland Government world's leading biotechnology centres. We of: tailor-made assistance, which will include have a vast array of unique flora and fauna, support for research and development, the brains, the education system, the education and training, and infrastructure; and, infrastructure and the determination to make it of course, tax relief incentives. happen. And I announced my Government's 10-year plan which will position Queensland as As part of my Government's 10-year plan, the leading location for bioindustry we will work with industry to promote increased 1788 Ministerial Statement 25 May 1999 community awareness of benefits of knowledge-based economy to turn us into biotechnology and the potential that Australia's smart State and provide long-term, bioindustries can play in the State's economic new-age jobs for thousands of Queenslanders. prosperity and quality of life. We will take a This is about a new industry for the next special interest in ensuring that the century. Commonwealth Government in Canberra MINISTERIAL STATEMENT acknowledges the need for an internationally consistent and transparent regulatory Queensland Constitution framework which addresses any risks to public Hon. P. D. BEATTIE (Brisbane Central— health and the environment but provides the ALP) (Premier) (9.40 a.m.), by leave: I advise necessary certainty for industry for investment. members of an important initiative of my One of our key challenges is the training Government in building a better, stronger, of our future entrepreneurs and managers who more relevant Constitution which reflects the can turn the brilliant science into commercial aspirations of all Queenslanders. My Government has established an independent outcomes. My Government will implement a Queensland Constitutional Review range of specialist activities targeted at developing the skills in entrepreneurial Commission to drive Statewide community consultation to create a meaningful biotechnology firms, through: entrepreneurial Queensland Constitution. skills programs and business planning; technology incubators; and support for Professor Colin Hughes will head a development of industry clusters and commission comprising Manfred Cross, international strategic alliances. My Virginia Hall, Jacki Huggins and Sir James Government will be taking every action Killen. In Opposition, we gave an election possible to stimulate local and international commitment to consolidate and review the venture capital investment in biotechnology. Queensland Constitution regardless of the To overcome a shortage of venture capital, the outcome of the November Federal Deputy Premier and I will be holding a venture referendum, and we are honouring that capital conference in Queensland later this commitment. At the moment the Queensland Constitution is scattered in about 10 different year or early next year, and we will be inviting Acts of Parliament as well as the Queensland venture capital firms not only from around Constitution Act 1867. Australia but also from the United States and any other country that is interested in The language contained in these Acts is investing. archaic and often difficult to understand, which means that the Constitution has little My Government has established the understanding in the wider community and is Queensland Bioindustries Office, a one-stop irrelevant to many people. The Queensland shop to ensure access to State and Constitution was last consolidated in 1867 but Commonwealth Government programs and a has been the subject of ongoing public high-level industry body to help guide the examination since 1993 following the progress of biotechnology in Queensland. The Fitzgerald-inspired review of public institutions. Queensland Government is also proud to be a The Legal, Constitutional and major sponsor of the largest and most Administrative Review Committee has influential technology innovation event ever to delivered a report on the consolidation of the be held in Australia, that is, the APEC Queensland Constitution. The Government will Technomart on the Gold Coast starting on 30 carefully consider the report before October this year. Next year, Queensland will consolidating the Constitution into a single host ABA 2000, another major Australian document so that its contents can be biotechnology conference in Brisbane, from 2 reviewed. to 6 July, and the International Marine My Government is committed to Biotechnology Conference in Townsville for a producing a Constitution which reflects the week in September/October. hopes, needs and pride of Queenslanders as Our strategy sets out three elements to we enter the start of a new millennium. No turn our biotechnology vision into reality: firstly, matter what the outcome of the Federal world-class research and development in our referendum, I am committed to implementing key universities; secondly, an incubator a reviewed Queensland Constitution by 1 process to take the outcomes of that research January 2001. to a commercial stage; and, thirdly, venture To ensure that the outcome of the capital to develop these commercial Commonwealth's republican referendum is opportunities. This is how we will build a incorporated in the new Queensland 25 May 1999 Ministerial Statement 1789

Constitution, the committee will be required to has targeted North American markets for its furnish its report and draft legislation after the products. What this means for Dalby, a town of November referendum but before February 10,000 people, and nearby regions is a 2000. Because the present Queensland substantial jobs flow-on to other industries in Constitution contains provisions that are the region. As those jobs are filled, more "doubly entrenched", a State referendum will people in the town will have money which they be required before some of the existing will be able to spend locally. provisions can be incorporated in a Some five years ago, the previous Labor consolidated and reviewed Queensland Government vigorously pursued Woolworths, Constitution. This State referendum is planned which was looking at setting up a giant for around September 2000, depending upon warehouse to service its growth. We the outcome of the November 1999 republican succeeded in luring Woolworths to Warwick, a referendum. move which has created some 200 jobs directly, and many more indirectly. I believe MINISTERIAL STATEMENT that the moves made by Connor Shea Napier will have the potential to do the same for Development of Regional Queensland Dalby. Hon. J. P. ELDER (Capalaba—ALP) Once again, this is evidence that this (Deputy Premier and Minister for State Government is prepared to work in partnership Development and Minister for Trade) with doers who are also prepared to stump up (9.42 a.m.), by leave: One of the major their own money to pursue sound commercial differences between Queensland and other outcomes. The success of this Government's States is that in Queensland the majority of attraction efforts are already well known, with a people live outside the capital city. number of global majors such as IBM and Consequently, since coming to office this Citibank establishing operations in this State. Government has vigorously pursued the We have also attracted software providers development of Queensland's regions. This such as Indus and Saville Systems. means working with local communities and By contrast, the State's meat and timber local businesses to improve the economy of a industries were given up for dead by the region so that wealth and jobs are created in previous Government. Rural Queenslanders areas outside the major cities. will not forget the handling of these issues by There are effectively two ways of doing previous Governments which have failed to this—either my introducing new businesses or address them. industries to an area or by working with existing operations and extending them so that they can create new jobs. Last week, I travelled to MINISTERIAL STATEMENT Dalby on the Darling Downs, one of the areas Sale of Alcohol in Unlicensed Premises of the State which is most in need of support. Hon. R. J. GIBBS (Bundamba—ALP) As honourable members would be aware, (Minister for Tourism, Sport and Racing) Dalby is in the heart of a rich agricultural region (9.45 a.m.), by leave: Honourable members and farming equipment is one of the town's will be aware that it is an offence under the bigger industries. Liquor Act 1992 to illegally sell liquor in This Government has been working with unlicensed premises. Unfortunately, in recent one of the major businesses in the town, years a small number of rogue operators have Connor Shea Napier, which arrived in continued to thumb their noses at authorities Queensland in 1993 under an incentives by deliberately selling alcohol at unlicensed package offered by the then Goss premises. This situation is about to stop. Government. This Government was I serve notice on those operators today represented in Dalby last week to help that that, during the current sitting of Parliament, I business grow further. intend to introduce amendments to the Liquor Consequently, I am pleased to be able to Act designed to crack down on their illegal inform the House that, following the provision trade. The Government will strengthen the of a financial support package from the State existing Act by vastly increasing penalties for Government, Connor Shea Napier has offences to include jail sentences and give committed to doubling its existing workforce liquor licensing inspectors greater powers to from 150 to 300 full-time jobs in two years. seize property from unlicensed premises to Whilst Connor Shea Napier has concentrated prevent further sales. on securing its domestic markets, the Under the changes approved by State company will now sharpen its export push and Cabinet, the maximum fine for illegally selling 1790 Ministerial Statement 25 May 1999 alcohol will be increased from the current were locked in their cells while a thorough $18,750 to $75,000 and/or 18 months' jail for search was carried out. All prisoners who repeat offenders. Penalties for a first offence moved in and out of B Block were strip will double to $37,500. A second offence will searched and passed through a metal incur a penalty of $52,500 and/or six months' detector. The locks on the affected doors have jail. Persons convicted of third or subsequent since been changed, thus making the missing offences will face a maximum $75,000 fine key redundant. and/or 18 months' jail for each offence. Liquor I am advised that at no time was security licensing inspectors and police will also have breached because of the quick action of greater powers to confiscate liquor stocks, officers. It is an incident which should never cash and any other property in unlicensed have occurred. However, what was more premises to prevent the recurrence or concerning was the initial conflicting reports continuance of these offences. about the incident. I do not expect the prison The current provisions of the Act have system to be incident-free. There will be proved no deterrent because fines imposed by incidents from time to time because, after all, the Magistrates Court are often in the order of Corrective Services is dealing with the worst $200 for a first offence, often without a human beings society can produce. The conviction being recorded. Premises such as Borbidge/Sheldon Government found out, to Players Inn at Spring Hill continue to trade in its peril, what happens when one ignores the unlicensed alcohol despite very close attention warning signs about impending trouble in our from my department and the police. Since 5 prisons. February, Players Inn has been raided no less They continued to ignore an escalation in than 24 times and has had more than incidents, which culminated in riots at the $60,000 worth of alcohol, cash and property Woodford prison and mass escapes from Sir confiscated. David Longland and Borallon Correctional However, the operator continues to flout Centres. I would like incidents to be kept to a the law and manipulates the mechanics of the minimum and I have taken steps to ensure current legislation by putting up "first time" procedures are followed through. However, offenders as the persons in charge of the when incidents do occur, I expect to receive business for the purposes of court quick and accurate information about those prosecutions. It is understood that fines incidents. This is perhaps the most incurred are being paid by the operator on disappointing aspect of the whole missing key behalf of his staff, who in turn are paid a incident. When mistakes are made, it is better bonus for their court appearance. for people to admit the fault and move to fix it The amendments I propose will make it as quickly as possible. extremely difficult for operators to continue The rewarding of prisoners who eventually their illegal trade or to "hide" behind their staff came forward with the missing key was also a from authorities. These tough new measures mistake. I have made it clear to prison are the only way we can stamp out the illegal administrators that the offering of cigarettes or sale of alcohol by those few unlicensed anything else as a reward or as a bribe is not operators who continue to break the law. to be tolerated. In this particular missing key case, officers have been counselled over their actions. MINISTERIAL STATEMENT I will not be moving in to sack people Sir David Longland Correctional Centre indiscriminately, which was the typical knee-jerk Hon. T. A. BARTON (Waterford—ALP) reaction of the previous Minister. Every time (Minister for Police and Corrective Services) something went wrong in the prison system (9.49 a.m.), by leave: Two weeks ago, a key under the Borbidge/Sheldon Government— went missing in B Block of the Sir David and there were many events—someone's Longland Correctional Centre. It was a serious head was chopped off. This created a culture incident as the missing key was capable of of mistrust and apprehension, which was opening three internal doors and a fire escape discovered as a major flaw by the recent door. When the key was reported missing, review of correctional services by Frank Peach procedures were put in place to immediately and his team. The review found that officers secure the block. All doors were deadlocked so were fearful of doing their jobs because that the key was incapable of unlocking any retribution was often swift and permanent doors, and the fire escape door was when mistakes occurred. The review padlocked. The only way to open any of the recommended that steps be taken to reverse doors was with a master key, and all prisoners this culture of mistrust and, if anything, the 25 May 1999 Ministerial Statement 1791 missing key incident was probably a hangover commencement of the third tranche of retail from those times. Finding a convenient contestability in the Queensland electricity scapegoat and sacking personnel will not solve industry, which starts on 1 July this year. From the problem; it will be fixed only by locating that date, around 6,400 Tranche 3 customers where the fault is and improving training and will be eligible to enter the competitive changing procedures. This is exactly what has electricity market and purchase electricity from been done. the supplier of their choice. These customers I am advised that the issue of keys has will be those who use more than 0.2 gigawatt been tightened and key rings sealed so that hours of electricity a year, which is equivalent they cannot be separated into individual to energy bills of greater than about $20,000 bunches. Incident reporting procedures have per year. They represent small to medium- sized businesses located throughout the also been tightened and clear lines of State, for example, a local retailer, corner store communication and responsibility have been and other smaller businesses. mapped out. General managers will closely monitor the effectiveness of these procedures. Just as customers now shop around for Mr Cooper interjected. the best prices for other products to run their businesses, an additional 6,400 customers will Mr BARTON: I should take that have the freedom to choose the electricity interjection, because the previous Minister retailer who will give them the best value for knows only too well that he left me a prison money. This is fundamentally an issue of system that was in a despicable mess. customer choice. Tranche 3 customers have As I said, I will not be overreacting and the choice of entering the competitive firing people en masse like the electricity market and seeing the benefits on Borbidge/Sheldon Government tended to do. offer, such as lower prices. Alternatively, if they The loss of experienced officers would be wish they can stay on their current franchise counterproductive. I understand that prison tariff. staff have a very difficult job to do and, at This represents the next stage in the roll nearly all times, carry out their duties in a very out of retail contestability in Queensland and is professional manner. Prison officers have to an important element in the Government's deal with some very unsavoury characters 24 electricity reforms, which are aimed at hours a day; most people would not like to do maximising customer choice and investment their jobs day in and day out. However, when opportunities in our State. As part of this problems arise from time to time, I expect process, I recently approved network prices to them to be fixed and fixed quickly. apply to contestable customers in accordance The recent review found numerous flaws, with the Electricity Act 1994. These are the which prevented improvements to the prison prices to be paid by customers for use of the system being carried out in a timely fashion. transmission and distribution wires. So The recent changes made to Corrective contestable customers will be able to use Services to form a department will help these network prices to shop around for lower overcome these flaws. The new Department of electricity prices in the market. Corrective Services has been in place only for Customers can obtain copies of these three weeks and the actual restructuring of the prices from their local distribution corporation. department to make it more effective is taking The network prices will be administered by place between now and 1 July. Energex, for grid-connected customers in As the Minister responsible, I will be doing south-east Queensland, and Ergon Energy, for everything within my power to ensure grid-associated customers in the rest of the Corrective Services has the resources it needs State. to get the job done and that they continue to make our communities safer places to live in. A strategy has been put in place to inform potential customers of the changes involved and what they can do to enter the competitive MINISTERIAL STATEMENT market. I strongly encourage Queensland businesses to contact their local electricity Electricity Industry distributor regarding these arrangements. If Hon. T. McGRADY (Mount Isa—ALP) they are eligible to be contestable, this will (Minister for Mines and Energy and Minister allow them to negotiate contracts with the Assisting the Deputy Premier on Regional suppliers of their choice in plenty of time to Development) (9.53 a.m.), by leave: I am take full advantage of any benefits under the pleased to inform the House that final new scheme as soon as it becomes effective, arrangements have been put in place for the as I said, after 1 July this year. 1792 Ministerial Statement 25 May 1999

MINISTERIAL STATEMENT Aboriginal and Torres Strait Islander people; Aboriginal and Torres Strait Islander Commonwealth/State relations in Aboriginal Advisory Board and Torres Strait Islander affairs; and any other issues that may be determined by myself Hon. J. C. SPENCE (Mount Gravatt— as Minister. ALP) (Minister for Aboriginal and Torres Strait Islander Policy and Minister for Women's The new board will, of course, replace the Policy and Minister for Fair Trading) former Indigenous Advisory Council. I need to (9.57 a.m.), by leave: I am pleased to be able acknowledge the work of the dedicated people to inform the House of a significant initiative in on that committee and note that the need for Aboriginal and Torres Strait Islander policy. An change arose from structural problems with the Aboriginal and Torres Strait Islander Advisory old committee, not with its membership. The Board has now been established. The new Indigenous Advisory Council could not operate board will be the Queensland Government's as a peak advisory committee, because it did peak advisory body on Aboriginal and Torres not include the people who were providing Strait Islander policy. Its creation marks the advice to Government on key issues such as start of another partnership between the health, education, housing, training and Government and Queenslanders and further reconciliation. The new board also has empowerment for Aboriginal and Torres Strait community representatives chosen through an Islander Queenslanders in particular. expressions of interest process. One of my principal objectives in creating I am confident that the Aboriginal and the board was to bring together the Torres Strait Islander Advisory Board will make representatives of the various specialist a significant contribution to policy development Aboriginal and Torres Strait Islander bodies and implementation. In closing, I want again to now giving advice to the State Government. pay tribute to the former Chair of the This will lead to better coordination of advice Indigenous Advisory Council, Mr Neville on major policy issues. The Aboriginal Bonner. His physical presence has left us but his contribution will never be forgotten. Coordinating Council and the Island Coordinating Council will be joined by specialist bodies that liaise with the Government on MINISTERIAL STATEMENT health, education, housing and infrastructure, Cooperative Research Centres vocational education and training, and the State Reconciliation Council. Hon. R. J. WELFORD (Everton—ALP) (Minister for Environment and Heritage and The new body brings together an Minister for Natural Resources) (9.59 a.m.), by impressive array of talent and experience with leave: Last month my ministerial colleague the credentials in a wide range of issues. It will be Deputy Premier and Minister for State ably chaired by a respected elder, Mr Robert Development informed the House that 16 of Anderson, who heads the State Reconciliation the 26 cooperative research centres to receive Committee and is well known for his service on Federal Government funding would have a other Government bodies and various strong presence in Queensland. Those CRCs community organisations. Mr Anderson has a are designed to encourage collaboration deserved reputation for being fair, reasonable between industry, educational institutions and and wise and I am confident he will lead the Government, bringing together outstanding board with distinction. It gives me a great deal research groups to develop leading edge of satisfaction to inform the House that six of research. Six of the CRCs are related to the 12 members of the board are women. environmental and land use research. My The terms of reference of the Aboriginal Department of Natural Resources is a partner, and Torres Strait Islander Advisory Board allow with others, in many of these CRCs. it to advise the State Government on I wish to outline some of the CRCs development and implementation of policies involved. The CRC for catchment hydrology that affect the lives of indigenous has identified work in the Brisbane River and Queenslanders. It will advise on matters such Fitzroy catchments in Queensland and as broad spending priorities in Aboriginal and commenced planning of activities in these Torres Strait Islander affairs; implementation of catchments. The CRC for freshwater ecology, recommendations of the Royal Commission which includes the northern Murray-Darling into Aboriginal Deaths in Custody; efficiency Basin and the establishment of a laboratory at and effectiveness of Queensland Government Goondiwindi, has been addressing the programs for Aboriginal and Torres Strait degradation of our river systems and the most Islander people; advancing reconciliation with appropriate approaches to the sustainable 25 May 1999 Sitting Hours; Order of Business 1793 management of environmental flows to protect and planning that we have seen for a long river health. The CRC will identify ways to time. The support being provided by the maintain and restore riverine environments Beattie Government in facilitating these CRCs and improve the viability of habitats. A new will contribute to their success and produce CRC, the CRC for terrestrial carbon accounting, long-term benefits for the people of will address some of the priority issues to Queensland. improve the management of the land use and forestry components of the terrestrial carbon MINISTERIAL STATEMENT cycles. The CRC for tropical rainforest ecology, located north of Cairns, will have an expanded Middle East Trade Mission role to include areas of tropical and subtropical Hon. H. PALASZCZUK (Inala—ALP) rainforests. (Minister for Primary Industries) (10.03 a.m.), However, the major success story is the by leave: Last month I had the privilege of new CRC to be based at the proposed natural leading a trade mission to the United Arab sciences precinct at Indooroopilly. This is the Emirates and Saudi Arabia. Seven exporters CRC for coastal zone, estuary and waterway representing a range of Queensland rural management, which aims to achieve industries, mainly in the agrifood category, met international leadership in the sustainable with key Government and corporate interests management of our coastal zone. This work is and explored trading opportunities and especially important for Queensland, where partnerships. The program was put in place our coastline has major environmental and over several months by the dedicated new economic importance. The Beattie markets Middle East team within the Government is supporting this research with Department of Primary Industries. At every funding of $100,000 in cash and $700,000 of point on this trade mission, we were met with in-kind contributions. The CRC will address the courtesy, enthusiasm and warmth, which coastal zone from the upper tidal limit to the enabled us very quickly to form genuine extent of land impact in the near coastal personal and official relationships with our Arab waters. hosts. This also enabled us to conduct our discussions in a frank, open and cordial The application for the CRC was manner. championed by myself and my Department of Natural Resources. Now, for the first time, The clear message we received while in there will be a concerted effort to provide the Middle East is that the United Arab sound science for improved policies and Emirates and Saudi Arabia are very keen to do business with Queensland and that the sooner planning for sustainable development in an we take up these opportunities, the better. area where over 90% of Australians live and Potential trade outcomes from this mission conduct their business. This research project have been assessed at many millions of will focus initially on three catchments, the dollars over the next three to five years. If Fitzroy catchment, the industrial catchment of Queensland agribusiness is prepared to follow Port Curtis and the urban catchment of the the lead of the seven members of this trade Brisbane River and its tributaries. It will expand mission, the benefits to Queensland and their to other catchments with time. It will have Arabian partners will be enormous and long important links with small to medium sized enterprises and community and catchment lasting. groups to ensure that research results have a I seek leave to table the remainder of this practical application as soon as possible. report. I urge all honourable members to take a good look at the report, because it provides The objectives of all of the CRCs are to some wonderful information for further trading bridge the gaps between science and the relationships with the Middle East. community, and between science and decision-making and policy and planning. Leave granted. These objectives address crucial issues such as integrated planning, sustainability, and the SITTING HOURS; ORDER OF BUSINESS continued prosperity of the coastal zone by Sessional Order protecting our coastal assets. Collectively, the CRCs will attract new staff, train many new Hon. T. M. MACKENROTH (Chatsworth— PhD students and provide major stimuli to the ALP) (Leader of the House) (10.05 a.m.), by work of Government and local government leave, without notice: I move— agencies in Queensland. Working together, "That notwithstanding anything they provide the largest concerted effort to contained in the Standing and Sessional research the major issues facing natural Orders, for this day's sitting, the House will resources and environmental management continue to meet past 7.30pm. 1794 Freedom of Information Amendment Bill 25 May 1999

Private Members' motions will be The committee stresses that it has in no way debated between 6pm and 7pm. conducted an inquiry into the matters the The House can then break for dinner subject of this publication. However, the and resume its sitting at 8.30pm. committee is tabling this document as it Private Members' Bills will be believes that it is in the spirit of the Criminal debated from 8.30pm to 11pm followed Justice Act that all non-confidential publications by the CJC be tabled in the by a 30-minute adjournment debate. Parliament. And tomorrow, Private Members' motions will be debated between 5.30pm and 6.30pm, followed by a 30-minute NOTICES OF MOTION Adjournment debate." Industrial Relations Legislation We hope that the Maroons win! Hon. R. E. BORBIDGE (Surfers Motion agreed to. Paradise—NPA) (Leader of the Opposition) Mr SPEAKER: Order! Are there any (10.07 a.m.): I give notice that tonight I shall personal explanations? move— "That this Parliament notes the PERSONAL EXPLANATION concerns of the AWU and major industry Department of Health groups in regard to proposed changes to industrial relations laws and calls on the Mr NELSON (Tablelands—IND) Government not to proceed with changes (10.06 a.m.): I have further information on a that will disadvantage the AWU to the matter that I raised last week regarding raids benefit of the CFMEU." made in the Bowen area by the Department of Health. I seek leave to table that. Mr Elder: That's one I'll be participating in. Mr SPEAKER: That is not a personal explanation. Mr BORBIDGE: Someone has to stick up Mr NELSON: I was informed that I could for Bill, because old Judas over there sold him table it at this time. out. Mr SPEAKER: We will give you Mr SPEAKER: Order! Members will not permission to table it now. debate the motion. Mr NELSON: I seek leave to table it. Leave granted. Regional Forest Agreement Mr Braddy: Why are you so kind this Hon. V. P. LESTER (Keppel—NPA) morning? (10.08 a.m.): I give notice that tonight I shall Mr SPEAKER: I have to be sometimes. move— "That this House undertakes only to SCRUTINY OF LEGISLATION COMMITTEE support a regional forest agreement Report based on an increase in jobs in the south- east Queensland hardwood timber Mrs LAVARCH (Kurwongbah—ALP) industry through improved productivity, (10.06 a.m.): I lay upon the table of the House improved forest management and the the Scrutiny of Legislation Committee's Alert development of hardwood plantations, Digest No. 6 1999, and I move that it be with adequate financial support from the printed. State and Commonwealth Governments." Ordered to be printed. FREEDOM OF INFORMATION AMENDMENT PARLIAMENTARY CRIMINAL JUSTICE BILL COMMITTEE Hon. R. E. BORBIDGE (Surfers Report Paradise—NPA) (Leader of the Opposition) Mr LUCAS (Lytton—ALP) (10.06 a.m.): I (10.09 a.m.), by leave, without notice: I lay upon the table of the House a Criminal move— Justice Commission report entitled Crime "That leave be granted to bring in a Prevention Partnerships in Queensland—An Bill for an Act to amend the Freedom of Evaluation of a Pilot Program. This publication Information Act 1992." is not a report of the CJC for the purposes of section 26 of the Criminal Justice Act 1989. Motion agreed to. 25 May 1999 Private Members' Statements 1795

First Reading His Attorney-General—the invisible Bill and Explanatory Notes presented and member for Yeronga—helped draft this Bill in Bill, on motion of Mr Borbidge, read a first its original 1998 version. We are now informed time. by the non-AWU faction leader of the caucus opposite that the Attorney-General is looking Second Reading into FOI reform. Why? He had all the answers Hon. R. E. BORBIDGE (Surfers last year; he said he did. So did the Paradise—NPA) (Leader of the Opposition) Premier—or so the Premier claimed. He was (10.10 a.m.): I move— forever returning from the mount with tablets "That the Bill be now read a second that he passed off as stone. It was always time." clear that they were far from rock solid and that the honourable member for Brisbane Central Honourable members opposite, was in fact engaging in an alabaster act. particularly the honourable member for Brisbane Central, will recognise this Bill; he The Government knows, we on this side introduced it. He may even recognise of the House know and the people know that elements of the fine speech he made on that this Government's feet are made of clay where occasion as I introduce the 1999 version. I freedom of information is concerned. For hope that he does. That will indicate that he nearly a year this Government has engaged in has not forgotten absolutely everything he government by smoke and mirrors, especially promised before he got into office and started in the area of opening itself to the sort of finding excuses for not doing what he said he public scrutiny about which the honourable would do. member for Brisbane Central was forever bleating when he was on this side of the The time for excuses is over. The Premier Chamber. has had nearly a year in office to put some This Bill, which the Labor Party was fully real substance into his plan to bring prepared to vote yes to last year, is an accountability and honesty to Government. opportunity for the Government finally to put its Those were his words, uttered in this mouth where it says its conscience is. It Chamber—from this very seat—on 4 March promised full disclosure. It presented this Bill last year. And he has failed to deliver. We are when it was in Opposition to achieve full not surprised, but we are disappointed. He disclosure. It can vote on this Bill to achieve promised so much and he has delivered so that full disclosure—the Opposition will happily little. accommodate the Government on the matter In the FOI area we are happy to help him of parliamentary time for debate to assist this and his colleagues opposite. This Bill is the Bill process—and then it might have some claim which the Labor Party introduced last year and on the trust of the people. I commend the Bill, for which it would have voted in the fullness of which was introduced by my predecessor, the time. In his speech on 4 March last year, the current Premier, as Labor Party policy, into this honourable member for Brisbane Central House. said— Debate, on motion of Mr Foley, "This Bill amounts to a legislative adjourned. promise that my Government will not sneak documents into Cabinet meetings as a device to hide them from the public. PRIVATE MEMBERS' STATEMENTS The Bill makes it clear that the Cabinet Rt Hon. D. Fatchett exemption from FOI does not arise when Hon. R. E. BORBIDGE (Surfers material is submitted to Cabinet for the Paradise—NPA) (Leader of the Opposition) improper purpose of avoiding FOI (10.13 a.m.): This morning I pay tribute to a access." great friend of Queensland and somebody Last year, the House was told that Labor whom I am sure the Premier would also know. in Government was committed to ensuring that I refer to the sudden and tragic death of the Rt FOI legislation is kept up to date and in Hon. Derek Fatchett, British Minister of State at accordance with the public's legitimate the Foreign and Commonwealth Office. The expectation for scrutiny of public administration Minister died at the age of 53. He was the Blair in this State. Those were the then Opposition Government Minister responsible for dealings Leader's words—the Premier's own words. I with this part of the world and in particular in am sure he will recall them. And if he has respect of dealings with the State of suffered an understandable attack of selective Queensland as they came before the British amnesia, Hansard has them on record. Foreign and Commonwealth Office. 1796 Private Members' Statements 25 May 1999

I had the opportunity to meet Derek most need of community infrastructure Fatchett on two occasions. He provided development in Brisbane. enormous support to the State of Queensland Today I draw to the attention of the during the Australian bid to host Expo 2002 House that the obligation to Zillmere has not and subsequently in relation to the status and been discharged. Government infrastructure future of the British Consulate-General in and services to the area can be enhanced. Brisbane. I am sure honourable members Improvements can also be made to local would be aware of the fact that the Minister policing, education and health and family played a major role in response to the services. Zillmere is a close-knit community bipartisan motion to keep the British which is proud of its spirit and its place. It is Consulate-General in Brisbane open when also a community in need and we must there were questions about its closure. From continue to work on addressing that need. I my discussions with him when I was in London acknowledge the support and commitment of in February, I am aware also of the very the Beattie Labor Government in assisting the important role that he was playing to assist community of Zillmere and Queensland Australia in terms of a resolution of the East generally. However, as the QCOSS report Timor conflict and the fact that he had recently reminds us, more still needs to be done. visited East Timor and was playing a very constructive role with our Federal Minister for Mahogany Glider Habitat, Landowner Foreign Affairs, Alexander Downer. Compensation Queensland has lost a good friend. The Hon. V. P. LESTER (Keppel—NPA) tragedy is that he was planning to visit (10.17 p.m.): I draw the attention of the House Queensland and Australia later this year. to the plight of the land-holders being affected Obviously, his sudden and unexpected death because mahogany gliders may be located on has put an end to that. On behalf of my some of their land. I wish to highlight their colleagues—and I am sure I speak on behalf plight for fair compensation and the thuggery of members on both sides of the Chamber—I being dished out by the Department of Natural extend my sincere condolences to his wife and Resources and the Environmental Protection family. Queensland has lost a great friend in Agency. In respect of some of the land that is the British Government. to be taken from these people, to date there is no evidence that these animals are located in these areas; it is merely stated that they might People and Places Profile, Zillmere be. Mr ROBERTS (Nudgee—ALP) The landowners have had to put up with (10.15 a.m.): The recent People and Places much, with miserable compensation being Profile of Growing Disadvantage in offered. For example, upon their reaching Queensland by the Queensland Council of agreements with DNR, the Environmental Social Service briefly projected the issue of Protection Agency rejects those agreements. If poverty into the media spotlight. Today I wish the Environmental Protection Agency agrees to raise the plight of a proud community in my with the land-holder, the DNR then disagrees, electorate identified in that report. The Zillmere and everything is again put on hold. Transfers community has recently benefited from of departmental staff of both departments enhanced funding from the Labor Government often mean that agreements that are reached for a million-dollar sport and community centre are overturned and yet again put on hold. and for upgrades and enhancements to public For example, one aquaculture farmer, in housing. On behalf of the people of Zillmere, I stage 1 of some 12 stages, has had his again place on the record my thanks to Sports project put on hold. He is even being Minister Bob Gibbs and Housing Minister subjected to spying from the air. Officers in Robert Schwarten for their commitment to this planes are checking that he is not doing any area. further work. Now he is being told that nutrient However, it is clear that more needs to be waste from his small operation which is being done. The QCOSS report identified Zillmere as fed into the mangroves is a problem because the 34th area of most disadvantage in the it might make the mangroves grow bigger. State of Queensland and in the 10 most What is going on? The other day I was in needy areas in Brisbane. This ranking is another fellow's house when he was phoned arrived at by examining a range of factors, by officers from the Environmental Protection including income, education, unemployment Agency and told very bluntly that he should and the number of rented dwellings. In 1995 a accept their terms in 24 hours or his property Department of Tourism, Sport and Racing would be resumed. report also identified Zillmere as the area in Time expired. 25 May 1999 Private Members' Statements 1797

Poverty 400 additional police provided to this State Mrs ATTWOOD (Mount Ommaney—ALP) each year. We now see Stanthorpe in (10.19 a.m.): A visit by representatives of the desperate need of a 24-hour police station Social Action Office and Benarrawa, a and additional police officers. We see the concerned group of individuals who strive to community of Beaudesert calling out for a 24- improve the quality of life of families in the hour police station and additional police Mount Ommaney electorate and beyond, officers. At the Nambour station, there is only highlighted the extent of poverty in our one patrol car rostered on after hours and on communities. Both groups are appalled at the the weekend between Maroochydore and increasing incidence of poverty in Queensland. Cooroy, and there is a telephone outside the They argued that the increase in the cost of locked door of the police station taped up with housing is a significant determining factor in sticky tape on which a person could try to get increasing poverty. It is not part of our nature someone during those particular times. There as Queenslanders living in this beautiful State is a desperate need at Kirwan for another to whinge about trivial matters. The concerns I patrol car and additional police officers. Places am raising are real concerns. They affect the such as Boondall, Indooroopilly and Wynnum lives of the people living in my electorate. have only one police officer per 1,000 people. Where have all the police numbers gone? Public housing waiting lists are a stark What is the current Police Minister doing about indication of the problem. These lists are these police numbers? properly administered. Priority is given according to need and availability of housing. But worst of all is Redcliffe, Mr Speaker, The Minister for Public Works and Minister for and I know that it is a place dear to your heart. Housing, Robert Schwarten, has recently In Redcliffe the local member, the Honourable provided much needed public housing for the Speaker, has indicated that property crime Corinda residents. The seniors units and is four times what it was at this time last year. disabled units have been constructed with the He has indicated that the hoons are now latest designs and conveniences inside and coming back to Redcliffe. I suppose that is out. This filled a gaping hole in the needs of because the Labor Government is in power. the suburb of Corinda and reduced the The hoons are coming back into the Anzac numbers on the waiting list for this area. The Avenue area. The council is desperate for people living in the new units are very happy more police and all it asks for is patrols in the and have assimilated into the surrounding CBD during the busy times of Friday and community. Saturday night—the very least one would expect in a place such as Redcliffe. What does The Labor Government's philosophy is to the Police Minister put forward? A $50 an hour provide for the needs of the most vulnerable charge if the council wants an additional police low income earners. We are committed to officer! They can only provide one officer. If the ensuring that funding is available to reduce the council wants another one because two have numbers suffering from housing-related to work together during those dangerous poverty. However, the coalition Government periods, it is going to cost it $50 an hour—pass ripped the guts out of public housing funding the hat around. It is just like in Sydney where by returning $130m to the Commonwealth. two councils had to do that because of the This led to longer waiting lists, less actions of the Labor Government. We are refurbishment and reduced construction of facing the same semi-privatisation of the public housing in Queensland. Coalition Police Service here. It is an absolute disgrace Governments have ignored the need for social and this Government just cannot deliver. justice and social cohesion. The current Time expired. Government is faced with a major task and an enormous cost to bring public housing stock up to the national average. Art Built In Program Time expired. Ms BOYLE (Cairns—ALP) (10.23 a.m.): Last week in Cairns the Honourable Matt Foley launched the Art Built In program at the Cairns Police Resources regional art gallery. We had expected a small Mr HORAN (Toowoomba South—NPA) group of people, artists and devotees, to (10.21 a.m.): Everywhere around this State attend—perhaps 20 or 30 people—but, in fact, people are asking, "Where have all the police there were 100 people present and it was numbers gone?", because under the coalition standing room only. Architects, planners and Government we put in place a massive engineers mixed with artists and tradespeople recruitment program that saw some 350 to to really welcome what, of course, was a 1798 Private Members' Statements 25 May 1999

Beattie Government election promise—a example, there has been a population Beattie Labor team election promise. It has increase of some 10% in the city, but public been well received, because for Government transport patronage in the city as far as buses buildings it will mean improved design and are concerned has risen by only 3%. improved furniture and fittings. As a program it The city plan attempts to promote public is much more, of course, than paintings on transport use by allowing for increased walls. development around transport nodes and Improving the design of Government major commercial centres. For example, three- buildings will improve their usability, the storey multi-unit dwellings are allowed within comfort of the public of Queensland in doing 200 metres of a railway station, regardless of Government business in Government buildings the current zoning or area. Also, up to 10 and the sense of ownership that the storeys are allowed in major shopping centres. community has of Government buildings. Small allotments, residential accommodation When one considers, for example, hospitals as and multi-unit dwellings will mushroom under well as community service offices where this plan. This plan is designed, in fact, to allow vulnerable people attend for assistance, we our streets to become cluttered with traffic and know how important it is that the environment to allow businesses to set up in residential of the building be right. The same, of course, streets. Under the current plan, people running applies in terms of us promoting Queensland home businesses cannot employ someone; business and industry: the environment also they can only run the home business should be right. themselves. Under the new plan, they will be It is a fine thing that this Labor able to employ up to two people. Government is providing leadership to the business community, which hopefully will follow Gordonstone Mine; Rio Tinto in attending more to the design of Queensland buildings and contributing to the importance of Mr PEARCE (Fitzroy—ALP) (10.28 a.m.): I Queensland as a tourism State in having wish to bring to the attention of the House an buildings that are truly a built environment in act of vandalism that highlights the immaturity harmony with the purpose of the building and of management at the Gordonstone mine, yet in harmony with the splendid natural now owned and operated by Rio Tinto. A two- environments that we have in Queensland. I metre high statue erected by Gordonstone's congratulate the Minister as well as other management in 1997 as a tribute to the work Ministers for supporting and initiating this force for breaking world production records for program. three consecutive months has been pulled down and buried. A sign erected near the statue proudly read "Home of the best Brisbane City Plan miners—Gordonstone". Mr BEANLAND (Indooroopilly—LP) The statue, in recognition of their efforts in (10.26 a.m.): The proposed Brisbane city plan setting new international records, was a fitting currently on display abolishes many of the tribute to the commitment and expertise of a current rights of residents, including the rights work force which is now considered by Rio of appeal in relation to small lot developments. Tinto as unemployable. The statue became an It also fails to incorporate a transport or traffic embarrassment to Rio Tinto, which has used plan and is detrimental to the lifestyle of the every excuse to justify its refusal to employ city. This Brisbane city plan proposed by the what was acknowledged by the mine's former Brisbane City Council replaces the 1987 town owner as the world's most productive work plan. force. The mine now employs scab labour who The city plan is heavy on rhetoric and light are prepared to be the leaders in the shameful on substance, particularly in relation to erosion of hard-won employment conditions transport and traffic issues. It fails to address and who are willing to expose themselves to a the need for an integrated public transport lower standard of health and safety. system within this city. For example, it lacks Rio Tinto's management has shown just provision of Park & Ride facilities in a number how childish it is. How can workers expect to of places, including in my own electorate of get a fair go from a company that encourages Indooroopilly. There is no real commitment in management to behave in a selfish, bullying this city plan to improving public transport. way? Rio Tinto is recognised as the best Higher densities in themselves do not performer on the world stage when it comes to necessarily promote public transport use, but environmental vandalism and abuse of the will certainly lead to an increase in traffic and rights of workers and the people of the congestion. In the past seven years, for countries they rape and pillage. As has been 25 May 1999 Questions Without Notice 1799 said in central Queensland, they may have factional power play at taxpayers' expense with buried the statue but they cannot bury the the Premier's knowledge or at his direction? truth and they will not bury the union. What action does the Premier propose to take Mr SPEAKER: Order! The time for private in respect of this alleged abuse of taxpayer members' statements has expired. funded facilities and resources? Mr BEATTIE: I thank the Honourable Leader of the Opposition for his question. Let QUESTIONS WITHOUT NOTICE me make it absolutely clear, as I have done on Rio Tinto a previous occasion: I do not and would not Mr BORBIDGE (10.30): I refer the Premier support the use of taxpayer funded facilities for to the latest attack on Rio Tinto by the involvement in any union ballot or for any honourable member who has just resumed his involvement in a Labor Party plebiscite, or any seat, and I ask: does the Premier endorse the other plebiscite, for that matter. That is my criticisms of that company made by his position. I made it clear in this House on a Government colleague? previous occasion when the Leader of the Opposition asked me about these matters and Mr BEATTIE: I thank the Honourable I make it clear today. Leader of the Opposition for his question regarding the comments that have been made I am not aware of any involvement Peter in the House this morning by the honourable Shooter may have had in any union ballot, in member for Fitzroy. As the Leader of the Townsville or anywhere else, nor would the Opposition knows, the honourable member is Opposition Leader expect me to be. My a miner who represents his constituents and responsibility is running this State. I will have has articulated their concerns on a number of the allegation that Mr Shooter may have used occasions. I do not believe the Leader of the resources of the Premier's office in north Opposition or any other member in this House Queensland fully and properly investigated. If I would be critical of any member who comes am satisfied that any improper use has been into this Parliament and represents his or her made in relation to those resources, then I will constituency. We need members of take the appropriate action. Parliament and elected representatives around this country to have some courage to stand up Microsoft; Boeing for the people they represent. Mr SULLIVAN: I refer the Premier to his I have made it very clear that we support recent visit to Microsoft and Boeing during his the investment of Rio Tinto in this State. We successful trade trip to the United States. support its investment, which has been around What insights did the Premier gain from his for some considerable time. As the Leader of tours of these two companies? the Opposition will recall, when I was in London earlier this year I had an opportunity to Mr BEATTIE: I thank the honourable meet the senior management of Rio Tinto. member for his incisive question. While I was During that meeting I encouraged the in the United States I did take the opportunity company's investment. I encourage that to have meetings with both Microsoft and investment today. I will encourage that Boeing. In the meeting with Microsoft I gained investment tomorrow. Rio Tinto has invested in very valuable insights into the future this State in the past and we want to see that possibilities for the software industry and high investment continue. technology generally, particularly in this State, and the opportunities they provide. This was important because of my and my Mr P. Shooter Government's determination to see Mr BORBIDGE: I refer the Premier to the Queensland become the smart State of recent elections involving the north Australia and to develop a knowledge-based Queensland branch of the Federated Clerks economy. Union, for which the result was declared last In talks with senior executives I discussed Friday, 21 May 1999, and I ask: is it true that a Microsoft's possible involvement in ministerial staffer attached to the Premier's Queensland. I encouraged the company to Townsville office, Mr Peter Shooter, was look at further investments in our State, actively involved in lobbying for the successful including possible commitments at the candidate? Is it true that Mr Shooter used University of Queensland. We have agreed to taxpayer funded office phones and facilities to work together with Microsoft to advance pursue his bid to unseat the incumbent, Mr investment opportunities in this State as well James O'Donnell? Did he undertake this as to develop information technology and high 1800 Questions Without Notice 25 May 1999 technology opportunities. I also took the 13% intend to downsize their work force, does opportunity to remind Microsoft executives that he, as the Minister responsible for small Queensland is the growth State of Australia business, believe that the Government's new and is an ideal base for companies expanding legislation, including the removal of the in the Asia-Pacific region, particularly on a joint coalition's unfair dismissal exemptions for small venture basis. businesses and the reintroduction of I delivered the same message to Boeing unfettered and unlimited entry rights for union executives. I also reinforced the Queensland officials, will provide Queensland small Government's commitment to supporting business, the engine room of job creation in Boeing in this State. As members would know, this State, with incentive to create new jobs? Boeing has now established its regional Mr ELDER: I thank the member for his headquarters in Brisbane. It employs 650 question. Honourable members can see the people here. The company runs several major disappointment on the faces of those on the projects from its Queensland base, including Opposition side of the Chamber. We have FÐ111 maintenance and high frequency actually worked through an industrial relations communications. There are many Bill. We have negotiated it through with all the opportunities for the development of a range unions and the employers. Not everyone has of technological industries, in particular a got what they have wanted, but we have micro-electronics industry. I will come back to negotiated to the point that it is acceptable that in a moment. and supported by caucus. That is the The Queensland Government is difference. extending its commitment to Boeing by Those opposite are very disappointed that building, through the Department of State we were able to negotiate an outcome— Development, a special hangar that will help something they could not do in the two years the company capture major defence-related they were in Government. It does not matter contracts worth several billion dollars. In fact, what area of endeavour they were involved in, Boeing has applied for defence contracts for whether it was the forestry agreements, the the amount of $10 billion. We will lease the meat industry or any of their own industry hangar to Boeing, which will boost its chances policy, they could not negotiate an outcome. of clinching those contracts. Of course, the We have. We have negotiated an outcome resulting jobs will be largely in Queensland. that is acceptable to all. The hangar will cost several million dollars to They were all a little disappointed, build, but it will be an investment in hundreds including some employers—— of long-term jobs. If the appropriate relationship is developed with the private Honourable members interjected. sector, this may end up being cost neutral to Mr ELDER: But there is a three-month the State. We are working on that. probation period. I do not know of anywhere I mentioned the development of a micro- else in this country where that is available. I do electronics industry here. Boeing would be the not see the Federal Government taking that major client if such an industry were on. I am sure the Industrial Relations Minister developed. We have a very small micro- will say that this is an Australian first. electronics industry—Filtronic and other Mr Santoro: Twelve months. companies are involved—but as part of the smart State strategy we need the Mr ELDER: Point to the legislation. Where development of these new industries such as is that in legislation? It is not. The fact of the micro-electronics. With Boeing we have a matter is: this will develop an environment in ready-made client and customer. We have this State that will enhance industry had discussions with Boeing. It has agreed to opportunity and develop small business. If work together on developing that industry for those opposite want to use surveys, then they jobs and job security. should go to the Yellow Pages survey, the National Bank survey and the Morgan and Banks survey. They all say that business Small Business confidence has never been higher in this Mr SANTORO: My question is directed to State. Small business confidence has never the Minister for State Development and been higher in this State. People are Minister for Trade, who is responsible for small employed and businesses are growing. The business. In view of the most recent QCCI job figures in this State show that the sector is survey, which shows that only 21% of small growing. businesses have the confidence to take on We have the lowest unemployment rate new employees in the next quarter and that in 10 years—a percentage point lower than 12 25 May 1999 Questions Without Notice 1801 months ago. If anything demonstrates the Brisbane. We already attract nearly a third of success of the Government and that jobs are the Australian film and television drama growing, the unemployment rate and job market. The job growth in our film industry is creation are just two measures that this now 72%—higher than in any other State. A Government can use, in the short time it has new film studio in Brisbane would attract even been in Government, to demonstrate that it is more investment of the kind that we already looking after those within the business enjoy with US production companies and community and looking after those employed studios making movies here. The Thin Red within the business community. This legislation Line is one illustration. This year alone, for will deliver it for them as well. Those opposite example, following discussions with the Arts are just disappointed that we managed to Minister, Matt Foley, in Los Angeles, leading negotiate the legislation through. US company Coote-Hayes Productions is Mr SPEAKER: Order! Before calling the spending $100m on TV projects in member for Bulimba, I would like to Queensland in 1999. Combined domestic and acknowledge the presence in the public gallery international film production in Queensland of students from the Cleveland State High between 1992 and 1996 created more than School. 12,000 jobs for Queenslanders. Honourable members: Hear, hear! I am also delighted to inform honourable members that Warner Roadshow Movie World studios is looking at Queensland as the Film and Television Industry possible location of a $50m film. I learnt on my Mr PURCELL: I note that the Premier visit to the United States that studio president recently led a trade mission to the United Michael Lake, with whom I had discussions, is surveying Queensland locations for a major States and that his itinerary included new film called Alone, which is to be directed discussions with movie industry executives, by Antony Hoffman and will star Joseph and I ask: did these discussions yield any further investment in Queensland's film Fiennes. Michael is a Queenslander, so he industry? knows the wonderful scenery that we have to offer and the expertise and facilities which we Mr BEATTIE: I know that the member has have developed in this State for film making. a very deep and long interest in matters of He has been instrumental in developing three cultural affairs. The recent trade visit to the recent international films: Practical Magic, United States—— Analyse This and The Matrix, which have all Opposition members interjected. done well at the box office. Nine Australian films have been shot here recently, including Mr BEATTIE: Honourable members would Paperback Hero, Dear Claudia and Bored recall the honourable member raising issues Olives. on previous occasions in relation to ballet. This is a continuation of his passionate interest. Negotiations are now under way for a long-running drama series with the ABC, a The recent trade visit to the United States miniseries with Network Seven, a package of yielded many exciting investment telefeatures with Scottish Television opportunities, including Queensland's movie Enterprises and Barron Entertainment, and a industry. I made the point during discussions slate of animation projects with German with film industry executives in Los Angeles production partner Ravensburger and Egmont that there is now a possibility of a second film Imagination. Again, these are new and studio in Queensland to boost jobs and expanded industries for a new century. overseas investment in the State's film industry. Film and television production in Queensland has boomed, and my QFMA; Pilchard Fishery Trial Government believes that there is now a need Mr COOPER: I refer the Minister for for a second film studio, possibly located in Primary Industries to his dismissal by media Brisbane. Work on that is being undertaken by release of the Queensland Fisheries the Honourable the Minister. Management Authority board on 10 May, On current trends, film and television allegedly based on the Minister's concerns production in Queensland will increase to about the death of nine dolphins in the purse $120m a year, with a combined economic seine pilchard fishery trial on the Sunshine impact of $344m for the State. That is a lot of Coast in the months leading up to early 1999, money. The Government will go out of its way and I ask: was the Minister informed by the to encourage further growth, including the board of the dolphin deaths and, if so, when? possible establishment of a film studio in And if he was so outraged by the dolphin 1802 Questions Without Notice 25 May 1999 deaths as to sack the board, why did he for Trade: can he provide any further news on attempt a cover-up by issuing a direction to the the proposed Papua New Guinea to Australia board in February—and I quote from a former gas pipeline? member—"to keep it quiet"? Mr ELDER: Since the House last met Mr PALASZCZUK: I welcome the there have been several developments to question from the honourable member for bring that particular proposed pipeline closer to Crows Nest. Quite simply, he is completely out fruition. One of the co-partners in that of tune with the majority of the community, particular development, AGL, is out there who totally agree with the action that I took. actively marketing the gas. The next few The honourable member has asked a weeks will be critical in relation to the project. question in three parts. Let me go through Essentially, what it needs to make the project them. commercial are signatures on the bottom of Firstly, when I dismissed the board of the gas sales. QFMA, I decided to take politics out of the We have an unlikely unity ticket in relation board and appointed five "Mac" chairs to to getting this project up. We have the State become the interim board to make the Government, the PNG Government and the necessary decisions. As to the first part of the Federal Government actually supporting the member's question in relation to the dolphin project. They are also aware of the need to deaths—when I was informed in February of have binding contracts for commercial gas in the dolphin deaths, I acted immediately, spoke place—and in place in the near future. To this to the board and asked that the fishery be end, the Queensland Government has been in ceased that afternoon, and an emergency communication with a number of large closure was issued. multinational aluminium groups. At least one When I received notification from the of those companies has already undertaken a members of that board about six weeks ago detailed feasibility study in relation to that they intended to reopen the fishery, I developing a new alumina refinery in could not believe that they would come to that Queensland. The communication in relation to decision after I spoke to them in relation to the that particular strategy stemmed from the fact matter back in February. I had given the board that there is significant support from both the members the benefit of the doubt for 11 Federal and State Governments—over $200m months, and I accepted their advice over and of support—for Comalco to build that refinery— over again. But there is just so much a person that $1.4 billion project—in Gladstone. can take from board members who do not This is a case—if the Opposition would accede to what their Minister requires of them. ever care to listen—for not having all our eggs So, at the end of the day, I had members of in the one basket. Comalco is not prepared to the Opposition asking me to sack the board. I commit, and we need to look elsewhere in the had environmental groups asking me to sack business community and the refining industry the board. I had commercial fishers asking me so that we do not have just the one base to sack the board. customer and we do not have total reliance on Mr Veivers: Name them. Comalco. Given that Comalco is still Mr Cooper: Point them out. considering whether to build that refinery in either Gladstone or Malaysia, I think it is a Mr PALASZCZUK: No, I will not point strategy that is well worth undertaking. them out. They can talk to the members later on. I will protect their integrity. Last week, Comalco advised that it is now seeking its gas requirements through Allgas to At the end of the day, the new board has comply with the gas contract. That is an acted decisively on two issues. In relation to encouraging development. Comalco first the first issue, namely, the dugong deaths in talked about a refinery 20 years ago. Three the Townsville area, the new board issued an emergency closure for the fishery straightaway. years ago said that it would commit to a site. It In relation to the dolphin fishery, a "please is an encouraging development to see that explain" is going to the fisher, and a direction Comalco has someone negotiating its has been given to me from the board to draft contractual agreements in relation to gas. a regulation to close the purse seine fishery in This Government has made it quite clear Queensland forever. that the support package that we have in place is not open-ended. We appreciate that gas prices can be difficult. Ultimately, Chevron Gas Pipeline regardless of who is negotiating the gas Mr LUCAS: I ask the Deputy Premier and contract, it comes down to price. When it Minister for State Development and Minister comes down to price, the decision in relation to 25 May 1999 Questions Without Notice 1803 location is entirely that of Comalco. This The negotiations which are taking place Government has said that it will not wait between the Prime Minister—and it is not Mr forever for that decision. Menzies, Mr Horan, it is Mr Howard—the I take the Leader of the Opposition back Federal Treasurer and the Australian to his first interjection in relation to the project Democrats concern issues which are of when he said, "Comalco will never sign." The particular importance to the States. Let all Leader of the Opposition has always believed members of this House remember that the that Comalco will never sign. From our Federal Government has indicated that any perspective, we are not going to have all the GST revenue would come back to the States eggs in the one basket. We will bring it on in substitution for financial assistance grants without Comalco if we have to. and in substitution for certain State taxes. One must conclude that, if the Federal Government decides to try to salvage what it QFMA; Pilchard Fishery Trial can out of its ill-fated tax package by Mr BEANLAND: I refer the Minister for exempting food, we will have a $5 billion hole Primary Industries to the Queensland Fish in the revenue raised by the goods and Management Authority board's decision on 5 services tax. The Australian Democrats may February 1999 to make an emergency closure well say that we can offset that with changes under section 46 of the Fisheries Act 1994 of to the income tax cuts that were being the purse seine pilchard fishery trial on the proposed for higher income earners. That still Sunshine Coast following the death of nine leaves the States and Territories in the lurch dolphins. I ask: given that such an emergency because the States and Territories do not closure is temporary and expires automatically receive any share of income tax. after two months from the date of gazettal, and given the Minister's apparent massive The Federal Government has some concerns, why did he not use the considerable options at its disposal. For example, it could reserve powers provided to him under section say that the States should not have to fund 30 of the Fisheries Act to extend the closure local government. That would retrieve about permanently? $1.4 billion. The Federal Government could say that the States do not have to fund the Mr PALASZCZUK: As Minister, I believe in first home buyers scheme that the Federal working together with boards and departments Government wants to put in place. That would until, at the very last moment, I find the save about $700m. The Federal Government position to be untenable. I believed that the could pick up the cost of collecting its own GST action that the board took in relation to the and that would save the States about $300m. emergency closure was all that had to be done. As I said in answer to an earlier question However, even if the Federal Government from the honourable member for Crows Nest, did those things, we would still have a $3 when I found out that the fishery was going to billion hole in funding for the States and be reopened I could not take the matter any Territories. That is why this Government has further. said that, under those circumstances, the agreement that was struck at the Premiers Conference will be null and void. It will not be Goods and Services Tax worth the paper it is written on. The Federal Mr FOURAS: I draw the Treasurer's Government would be opening up a huge hole attention to the ongoing negotiations between in State revenues and denying the States the the Federal Government and the Australian capacity to provide the services that the States Democrats over the future of the have to provide—services such as health, Commonwealth's proposed tax package, and I police and education. ask: what would be the impact on Queensland There is a way out for the Federal if the Commonwealth modified the tax Government. It could abandon the GST and package by exempting food from the GST or share its income tax base with the States and lowering the overall rate of its proposed taxes? Territories. After all, constitutionally the States Mr HAMILL: This is a very important issue could share in the income tax base although for Queensland and for all States and they cannot raise excise. Territories. I remind the honourable member for Moggill that the Queensland Government has been absolutely consistent in its position Wolston Park Hospital Workers, with respect to the Commonwealth's tax Redundancy Package package. This Government has opposed a Miss SIMPSON: My question is directed GST from day one. to the Premier. Given that the coalition 1804 Questions Without Notice 25 May 1999

Government delivered an enhanced Wolston Park. It is the normal VER package. redundancy package to Queensland Rail However, extra money has also been put workers which recognised the special aside for training assistance and circumstances and needs of those workers, redeployment. We have done that because and given that a similar request has been we are focusing on jobs. We are focusing on made by more than 200 Wolston Park Hospital giving them an opportunity to gain workers, who are predominantly women employment elsewhere. That is what this is covered by the AWU, I ask the Premier why he about. has vetoed an enhanced package for these We have put together a comprehensive workers—a package which was supported by strategy. I have been part of that, because I DTIR and the Health Department? Why did the want to look after all of those workers. This Premier allow his personal animosity towards package is about finding them alternative the Australian Workers Union to colour his employment. It is not about throwing them out judgment to the detriment of Wolston Park the door and onto the scrap heap with a workers? payment, which is the inference of the Mr BEATTIE: Let me respond to the member's question; we are endeavouring to question by saying that clearly these find them alternative employment. allegations about my relationship with the There is a 10-year strategy, which is about AWU being impaired in some way are simply changing care and providing for people with not true. Bill Ludwig and I go back a long, long disabilities and mental difficulties who cannot time. provide for themselves. We are looking after Years ago when I was the party secretary them, and our package that we have put I was in Charleville—and honourable members forward provides for their job security. know that Charleville is a great town. In fact, my wife comes from Charleville. It has to be a great town. I spent some time with Bill Ludwig Rural Fire Brigades when I was party secretary. Bill was one of Mr PEARCE: I refer the Minister for those shearers and go-get-'em guys who got Emergency Services to the Gaming Machine on with the job. What you saw with Bill was Community Benefit Fund, which has been of what you got. enormous assistance to organisations and I remember an occasion in Charleville clubs across Queensland since being when Bill said that he would drop me at the established by the Goss Government in 1994, airport. As honourable members know, and I ask: can she inform the House of how Charleville does not have too frequent air almost 200 rural fire brigades have shared services, but there are services from time to more than $1m and how they have used the time. Bill and I had been talking together and grants to help protect their local communities solving the problems of the world. We were in and purchase essential equipment, facilities a hurry to get to the airport and the car ran out and vehicles? of petrol. Bill looked at me and he said, "You Mrs ROSE: I thank the member for his know, boy, you have to lose some weight. If question. I know that he has a deep interest in you had not been in here I would have had this matter as he has a number of rural fire enough gas to get to the plane." Bill and I brigades in his electorate. I also welcome this have indulged in that sort of bonding for a long opportunity to acknowledge the outstanding time. We are great mates. Together we have work done by nearly 45,000 rural fire brigade solved the problems of the world, and we will volunteers throughout this State in their continue to do so. protection of property and lives. Let us dispense with that sort of All members may not be aware that our nonsense in answering the question. Let us rural fire brigade volunteers are, in fact, deal with what is happening at Wolston Park. responsible for 93% of the area of Mr Grice: He'll take you for a ride next Queensland. Since becoming Minister, I have time. taken the opportunity to visit and meet with a Mr BEATTIE: I know who does deserve number of rural firefighters. A consistent theme being taken for a ride. that has come to me from throughout the State has been the need for additional Opposition members interjected. equipment and new stations and vehicles. Mr BEATTIE: If the Opposition would give People living outside the major city centres rely me an opportunity I would be happy to answer on the rural fire brigades to be there when this question. This Government has put buildings catch fire or bushfires wreak havoc in together a package to assist the people at the community. 25 May 1999 Questions Without Notice 1805

Since Labor introduced the Gaming Paddington about the density of the proposed Machine Community Benefit Fund in 1994, development, given the remarks attributed to 190 rural fire brigades have successfully him by the member for Nudgee in a letter to applied for grants to buy essential equipment the editor published in the Northside Chronicle and facilities. The gaming machine grants of 21 October 1998, which stated— allow rural fire brigades to better protect their "He has advised me the target of communities from the devastation of wildfires. 20% public housing density is not hard Over the past six years, in dollar terms well and fast. He has told me that he would over $1m from the fund has been allocated to have no problem if the density of public brigades throughout Queensland. housing was 30, 40, or more than 50%."? One of the most rewarding experiences of Mr SCHWARTEN: I thank Dorothy for the my job is seeing the eyes of rural fire question. The reality is that, out of that volunteers light up when I present them with a question, we hear the bias that exudes from new vehicle. The Gaming Machine Community those members opposite about people whose Benefit Fund grants have enabled many only crime in life is that they cannot afford to brigades to reach their contribution towards the buy a home themselves. cost of these fire vehicles, which are designed specifically for bushfire operations. The fund Mr Purcell: Poor—being poor. has also been a major avenue for more Mr SCHWARTEN: They are not remote communities to enhance their necessarily poor, but just people who do not communications systems. That has not only have enough cash to buy a home themselves. afforded them greater safety while fighting fires As a result, they get role cast as ghetto livers but also it has improved the general safety of by the honourable member for Moggill, the their communities. Without a gaming machine former Minister for Housing in this State. grant, these resources would have remained "Ghettos feared" says it all. beyond the reach of many brigades. While we are on the subject, I want to Our rural firefighting volunteers take a risk show exactly what the previous Government for the sake of their community every time they was up to in regard to public housing in this are called out to battle a raging bushfire. It is State. The fact is that the red on this only right that they are given the support and document represents the no-go areas for assistance that they deserve. Gaming public housing. Who was the architect of that? Machine Community Benefit Fund grants are a None other than Dr David Watson opposite! wonderful complement to this year's record My word, that is what he did. He should not try rural fire service budget, which was increased to duck away from this issue. When the by $3m over three years. members opposite are confronted with the It is also worth noting that the gaming harsh reality of their bias against the poor machine fund funded ministerial grants to people in this State, they do not like it. Every many other volunteer organisations within time they try to scurry away from their Emergency Services, including local statements, just as the member did the other ambulance committees, surf lifesaving clubs, day in relation to his statement about ghettos, volunteer marine rescue organisations, as did the local Liberal councillor, who said that volunteer coastguard units and the SES. The everybody knows that, once the Housing fund, which over the past six years has Commission tenants move in, down go the distributed around $77m to community property values and up goes the crime rate. projects in Queensland, has been a vital What a despicable statement! source of revenue for these organisations and My invitation to Mr Laming, who wants to for the communities that they represent. sit in this seat, is to get in a bus with me and go out and doorknock those decent people who live in public housing and those who are Public Housing on waiting lists and tell them that they are not Mr LAMING: I refer the Minister for Public good enough to live in Paddington. Works and Minister for Housing to his Paddington was a working class suburb. department's recent purchase of the former Paddington is not, as the Liberal Party would Energex site in Paddington and the concerns want to have it, the province of the rich and being expressed publicly by the local well heeled in this State. While I am the community group, People for Paddington, Minister for Housing, I will ensure that the regarding the density of publicly funded bigotry and hatred that those members housing, whether it be public, community or opposite have for people who are poor in this ATSI housing, on the site, and I ask: what State is exposed and brought into the bright comfort can the Minister give to the people of light of day. 1806 Questions Without Notice 25 May 1999

Dr WATSON: I rise to a point of order. I we already had an investment office. As they find that quite offensive. "Bigotry" and "hatred" say—— are not the kinds of words that any Minister Dr WATSON: I rise to a point of order. should use. The Minister is deliberately misleading the Mr SPEAKER: Order! There is no point of House. First, I went over to sign an agreement order. The remarks were not directed to the between the Queensland and Indonesian member personally. Governments—— Dr WATSON: I understand that. I just say Mr SPEAKER: Order! There is no point of that they are totally unreasonable and order. unparliamentary. Dr WATSON:—that was specified in this Mr SPEAKER: Order! There is no point of place. order. Mr SPEAKER: Order! The member for Mr SCHWARTEN: The truth hurts, Moggill will resume his seat. because that is exactly the presumption. To go out there to a public meeting and to say to Dr WATSON: Secondly, it was before the those people, "Beware, the Housing Asian crisis and was—— Commission is moving in here. Beware, the Mr SPEAKER: Order! I warn the member poor people are moving in here. Beware, the for Moggill under Standing Order 123A. poverty-stricken people who cannot afford to Mr SCHWARTEN: I am delighted that the buy their own homes are moving in here, and honourable member has admitted that he was we all know what that means" tells me what involved. Here is a snapshot of him signing the that is based on—prejudice and hatred! MOU that cost the taxpayers $700,000, which is the equivalent of the cost of providing for 70 Department of Public Works and Housing apprentices in this State. What did this bring to Queensland? What was the net result of all of Mrs ATTWOOD: I refer the Minister for this? Absolutely squat all! Nothing, is the Public Works and Minister for Housing to the answer to that. opening by the former Minister for Public Works, Dr David Watson, of a departmental An independent judgment was made on office in Jakarta in October 1997, and I ask: this. In part, the report that was prepared by has the office been a success? What have the Premier's office last year states— been the costs to taxpayers? Has the office "Department's presence in Indonesia delivered any tangible benefits to 'highly questionable'. Queensland? The Manager has been unable to Mr SCHWARTEN: I thank the honourable influence the attraction of any project or member for the question. This morning in this business with positive economic benefits Chamber we have heard already from the to either the Queensland Government or Premier and the Deputy Premier that it is vital industry. to Queensland's future to have a well-placed, well-planned investment portfolio strategically Some of the work being undertaken planning business investments in South-East is of questionable relevance to the Asia, and indeed, in other parts of the world. requirements and role of the Department. Let me say that, while I am the Minister for A specific performance target was Public Works and Minister for Housing, we in established with the Manager to ensure that department stand ready to assist and strong relations with Austrade. To this drive that strategy. extent, adverse feedback has been However, when I became the Minister for noted. Public Works, I became aware that there was The lack of outcomes, including an investment package that was put together unsatisfactory reporting ..." in Jakarta by the previous Minister. As a result, And the list goes on. Not one thing has come I had a bit of a dig around and found that, in out of this. fact, it had cost the taxpayers of this State about $600,000 in set-up and salary costs and While he makes those sorts of bad about $70,000 for the Minister to trip over decisions, putting the gentleman opposite in there to sign off a deal on this office. It also charge of the economy of this State would be was about public servants trotting to and fro. like putting a rabbit in charge of a salad. The As the cranes were swinging idly in the building reality is that $700,000 was spent on this office industry in South-East Asia, we swung into in just 12 months. That is a disgrace and a action with $700,000 for a Jakarta office when shame. 25 May 1999 Questions Without Notice 1807

Mr S. Isgar interview did Mr Isgar request legal Mr BLACK: I ask the Minister for Health: representation or show any disquiet about why and on whose authority was Mr Steve being interviewed. What he did do—and this is Isgar of Bowen investigated by Queensland probably why there is concern—was happily tell Health auditors on 28 April this year to the the audit team that Dr Peter Chilcott was the point of harassment, when his only guilt was to one who leaked the relevant documents to advise the Bowen community, via a letter to him. That is what the concern is about. the editor in the Bowen Independent Obviously, he is embarrassed about that, and I newspaper, on problems associated with can understand that. Mr Isgar was not health in Bowen? harassed, threatened or denied access to legal representation. Mrs EDMOND: I am delighted with the question because it allows me to correct a few The other day I was a bit surprised to hear things that the member for Tablelands has comments from Pauline Hanson about the been saying. He seems to have taken over the member for Tablelands that I almost agree role of the member of Whitsunday on this with. She said that maybe he should spend a issue. Firstly, I was delighted to read the bit more time in the tablelands, because a lot documents that the member for Tablelands of people have said that they will never vote tabled in the House this morning, which state for him again. that Dr Chilcott, who figures quite prominently Time expired. in all this, in a letter to Shaun Nelson, the member for Tablelands, said that he had every reason to believe that the CJC would provide a Retirement Village Legislation proper inquiry into these matters. That is in Mr WELLINGTON: I refer the Minister for bold and is underlined. I stress that because it Aboriginal and Torres Strait Islander Policy and is exactly what the CJC did. Not only did the Minister for Women's Policy and Minister for CJC do that, but it also refuted all the silly Fair Trading to a meeting that she attended claims that he has been making in that last year in Nambour with residents from investigation. retirement villages on the Sunshine Coast. A Why did the investigation take place? number of residents who attended that Because there was a lot of silly nonsense in meeting have requested that I raise this matter the media about allegations, counter in the House, and I ask: how much longer do allegations and counter counter allegations. Of Queenslanders have to wait before we see the course, it was important for myself and the Minister's new retirement villages legislation; department to check those allegations, and will she attend another meeting with especially as some of them referred to some residents from retirement villages on the not so honest bookkeeping, leaked Sunshine Coast in Nambour to explain the Bill documents and so on. Of course that had to when it is tabled? be investigated. I take such allegations of Ms SPENCE: Before I answer the professional misconduct or any other form of question, I acknowledge the students from misconduct and fraud very, very seriously. I MacGregor State School who are in the gallery expect a lot of Queensland Health staff and I today. The member for Nicklin, along with get it. I am pleased that there has been no members on the Government side and the evidence to substantiate the allegations of not Opposition side of this House, has shown a lot so honest bookkeeping that are contained in of interest in ensuring that we improve the the documents. retirement village legislation in this State. I As to Mr Isgar, he wrote to me and have visited retirement villages throughout complained about the way that he was Queensland, and particularly in the member treated. Yes, there was an investigation—a for Nicklin's electorate. Last year I visited completely voluntary investigation—into the Buderim Garden Village. I am happy to return leaking of some of those documents, and their there in the next month and talk about the allegations and counter allegations. Mr Isgar new legislation. was approached by the audit team from I have learned that there are a number of Queensland Health and readily agreed to a problems with the current legislation. I have tape-recorded interview. The CJC has listened heard some very disturbing stories of to that tape-recorded interview. It says that it retirement village residents being unable to sell shows absolutely no sign of any harassment their units months and sometimes years after and it shows that the principles of natural they have vacated them. I have heard justice were adhered to. This is further disturbing stories of residents being asked to confirmed by the fact that at no stage in the pay for personal services such as laundry 1808 Questions Without Notice 25 May 1999 services or meals months or years after they I am anxious that the matter should be have vacated a unit. I have heard disturbing resolved at an early date. If I was not anxious stories about residents being asked to pay for to do it anyway, by his constant capital works projects in their villages, such as representations the honourable member for the building of new roads. I have heard Beaudesert would be making me anxious to disturbing stories about residents being evicted do it. The question is: where should we build from their villages. it? It will be built at the northern end of the There seems to be a lot wrong with the Beaudesert Shire. We have departmental current retirement village legislation. The advice indicating that the demographics former Minister, the member for Indooroopilly, suggest that it should be in one place. The on two occasions tried but failed to introduce majority of the council say that it should be in new legislation. As the Parliament would be another place and they claim to have aware, a working party is currently working on demographics and other information that this. I am pleased to inform the member for suggests a certain solution. Nicklin and others that draft legislation will be Mr Hamill: I think you should ask Charlie going out for public consultation this week and Doyle. the new legislation will be introduced to the Mrs Edmond: Take him to lunch. Parliament in July. In the meantime, if members have any questions or would like to Mr Beattie: Take him out for lunch. see a copy of the draft legislation, they can call Mr WELLS: In these circumstances, I my office and we will make that available to think that we need—— them. Mr Borbidge: It would be cheap It is important that Queenslanders are compared to your lunches. involved in full consultation and have full input Mr Elder: Mr Grumpy today, are we? into this new legislation before it hits the Parliament in July. I look forward to members' Mr WELLS: Mr Speaker, I hate to observations on the legislation, as I do from interrupt other honourable members, but I am those concerned residents throughout very keen to give this answer. Queensland who have written to me about this I think we need a circuit-breaker. I think subject in the last year. that this is a case where independent judgment needs to be brought to bear. I think this is a case for a consultant that is Jimboomba State High School acceptable both to the council and Education Mr LINGARD: I refer the Minister for Queensland. I am concerned that this should Education to the controversy about a be done with some alacrity and I have set strict proposed Jimboomba State high school, and I time lines for this. The consultancy would need ask— to come in at considerably less than $10,000. (1) Can the Minister give a definite The consultant would need to report by mid commitment to building a high school June. I have asked the council and the department to work together to achieve an in the northern part of the agreed name for this consultancy and for a Beaudesert Shire? recommendation to be made. I have asked (2) Can this high school be built in the that a recommendation should be made by year 2000 for occupancy at the start mid June and I have asked for the department of the year 2001? and the council to come back to me with an (3) Will the Minister outline how he agreed name by close of business tomorrow. intends to decide where a high school should be built and how long Animal Welfare Legislation that decision will take? Mrs LAVARCH: I ask the Minister for Mr Bredhauer: You announced it two Primary Industries: can he assure the House years ago. that new legislation that he is proposing will Mr LINGARD: You were the one who address the serious issue of cruelty to animals opposed it all the way through, and I still won by substantially increasing penalties? the last election. Mr PALASZCZUK: Not only will the new Mr WELLS: The answers to the Animal Care and Protection Bill increase honourable member's questions are: (1) yes; penalties; very importantly, it will change the (2) yes; and (3) given that he has already thrust in looking after animals by providing for promised it, I intend to fulfil the undertaking an education campaign. We do not just want that he was unable to achieve. the big stick of heavier penalties to deal with 25 May 1999 Questions Without Notice 1809 acts of cruelty to animals; we wish also to As you are aware, staff are now encourage people not to be cruel in the first working on 2 day cycles and we therefore place. It is proposed that the new legislation expect a further positive reduction in will overhaul the well and truly outdated unread meters in tomorrow's figures." Animals Protection Act 1925. As a result, the It concludes, "We will advise again after 9.30" existing maximum penalty of $3,000 for cruelty tomorrow. Any person in an Energex area who to animals will be replaced with a maximum has a problem can simply ring up its call penalty of $20,000 or two years' jail for centre, because its operators are authorised to individuals and $100,000 for corporations. come to arrangements with people in need. Animal welfare groups, such as the Let me state once again that I was not RSPCA, and industries associated with impressed with the actions of Energex in this animals have been asking for and been regard. However, I think we have taken steps consulted about the new animal welfare to try to resolve the issue. legislation for many years. It is intended that the new legislation will embrace all acts of cruelty, ranging from animal fights and the Electricity Industry blooding of greyhounds through to letting Dr CLARK: I ask the Minister for Mines animals starve to death during a drought. and Energy: in relation to the emphasis being Those empowered to enforce the new laws will placed on reducing greenhouse emissions and include DPI stock inspectors, veterinarians, increasing the use of renewable technologies, RSPCA officers and certain police officers. how are Queensland electricity retail However, as I emphasised at the outset, companies addressing the issue of supplying the main thrust will be educational. I intend to businesses and domestic companies with make special provision for community input more environmentally friendly electricity? into animal welfare through this new legislation Mr McGRADY: I thank the member for with the establishment of an animal welfare Barron River for the question. All honourable advisory committee. This committee will advise members on this side of the Chamber me directly on all animal welfare matters. It will understand and appreciate the concerns in mean a new deal for animals in Queensland this area and acknowledge the enthusiasm for the new millennium. with which the honourable member involves herself in green issues. This Government is placing a lot of emphasis on using Energex environmentally friendly electricity, and we are Mr ROWELL: I ask the Minister for Mines certainly encouraging and supporting and Energy: as he knew full well of the AWU's Government owned enterprises in trying to involvement long before the article appeared provide customers with the opportunity to have in the Courier-Mail in relation to the Energex access to this type of power. meter readers, why did he allow this situation Environmentally friendly electricity, or to reach the point at which well in excess of "green energy" as it is referred to, is electricity 140,000 meters could not be read, resulting in that is produced through renewable or Energex billing customers for the amount paid sustainable methods, such as landfill gas, for a similar period last year? solar and biomass. In Queensland, biomass Mr McGRADY: I was as angry about this power is generally produced from bagasse, as anybody in this House or the rest of the which is a by-product of crushed sugarcane. State. I am not prepared to stand up in here The question is timely, because today I will launch Ergon Clean Energy, Ergon Energy's and defend the indefensible. However, let me environmentally friendly electricity, which is now say this: as soon as we understood that there available to businesses and domestic was a major problem in this area, I convened a customers. I believe Ergon is taking a meeting. Before I came into the Chamber responsible approach to the environmental today, I asked the acting manager of Energex impact of the electricity industry by developing what the current situation was. I will quote the this product. The corporation has been fax that I received. It stated— awarded accreditation by the Sustainable "Following the processing of meter Energy Development Authority, which provides reads done on Saturday 22nd May and independent endorsement of these types of those done on Monday 24th May, we products. advise that the outstanding number of Similar to Ergon's product, Energex also unread meters is now 27,000. has a green power product—Earth's Choice. I ... might add that I have discussed this product in 1810 Matters of Public Interest 25 May 1999 this House on a number of occasions in the Mr SPEAKER: Order! There is no point of past. Earth's Choice was launched some 12 order. The honourable member will resume his months ago. In its first year, it has grown to seat. become one of the most successful renewable Mrs EDMOND: The honourable member energy programs of its type not just in this keeps referring to doom and gloom—— country but around the world. Combined, these two electricity companies are already Mr SPEAKER: Order! The time for supplying green power to Government questions has expired. buildings, businesses and domestic customers. It is good to see companies such MATTERS OF PUBLIC INTEREST as Energex and Ergon playing a role in helping to protect the environment through their Industrial Relations Legislation commitment to reduce greenhouse gas Mr SANTORO (Clayfield—LP) emissions and provide a range of (11.30 a.m.): In the Courier-Mail yesterday, 24 environmentally responsible initiatives. May, Bill Ludwig, the Secretary of the The Beattie Government made a Australian Workers Union, was quoted at his commitment that 2% of State Government most candid best when he said that "in the electricity purchases would come from fullness of time people will come to understand renewable sources. As I have stated previously that the ALP was the political wing of the trade in this place, the Government is now union movement". Later on he tried to put a purchasing enough renewable energy to softer and less threatening face to this blatant exceed its 2% target. With these further fact when he said— initiatives, the stage is being set for "Its a historical position that I was Queensland to become the leading Australian referring to. As history tells us, the ALP State for renewable energy products. grew out of the industrial disputation during the 1890s shearers dispute. Bundaberg Base Hospital Others might argue otherwise, but Mr SLACK: I ask the Minister for Health: from my union's perspective we don't will she please clarify how no patient will be want to rewrite history." disadvantaged by the closure of the Through these statements, Mr Ludwig has outpatients general practice clinic at the done the Queensland public a service. He has Bundaberg Base Hospital, given that the openly admitted what everyone in Queensland hospital executives have now stated publicly knows anyway—that the union movement runs that it is not appropriate for these patients to the Labor Party and Labor Governments in be treated at the emergency department, as this State. This reality is very manifest in the she had indicated previously? contents of the Labor Party's Industrial Mrs EDMOND: Goody, goody, goody! Relations Bill of 1999 which Minister Braddy will What have we got here? The honourable introduce in this place shortly. The Bill member is still saying that it will be closed, yet demonstrates beyond all doubt the enormous a new outpatients department has been and conclusive influence that the union opened that is three times bigger than the one movement wields over the Labor Party in this about which the member is speaking. There State. Mind you, these days different unions are advantages in that he is always chuffing are wielding power over Labor Governments. off overseas and is never in Bundaberg; Until recently it was the AWU; today it is that obviously, he has not noticed that it has been paradigm of propriety, the CFMEU—but more opened and there are patients in it. about this soon. Mr Hamill: That's the problem with living The immediate problem with Labor's soon in Brisbane. to be introduced industrial relations legislation is that it will fundamentally undermine the job Mrs EDMOND: That is the problem with security of many currently within the living in Brisbane and chuffing off overseas. Queensland work force and it will However, the clinic has changed its name to fundamentally undermine the willingness and the Ambulatory Services Section. The staff are the ability of small business to create new jobs saying that the specialist clinics have trebled, for the thousands of Queenslanders who wish from five to 15. to get into new jobs. The legislation lends the Mr SLACK: I rise to a point of order. The lie to the Government's often proclaimed Minister is misleading the House. I am referring commitment to jobs, jobs, jobs. The to general outpatients, not emergency Beattie/Braddy Bill includes many provisions patients. that will destroy small business confidence, 25 May 1999 Matters of Public Interest 1811 and detailed discussion of these will that constantly talks about jobs, jobs and jobs. undoubtedly be the subject matter of a very The IR legislation will, in fact, stop jobs growth long debate in a week or so, but several are of in the small business sector dead in its tracks. real concern and bear strong mention from the Other provisions which are anti-business, outset. particularly anti-small business, also stand out Small business will particularly resent the as being sources of major disincentive to abolition of the coalition's unfair dismissal laws, employment decisions. For example, a which currently provide them with a 12-month provision is included in the draft Bill to probationary period rather than the three "encourage" employees to join a union. Some months being introduced by the employers will be forced by the militant union Beattie/Braddy legislation. Mr Beattie is trying leaders to interpret the word "encourage" in a to portray this as a favour to small business, coercive manner. In effect, union preference but it is smoke and mirror stuff and small provisions will be back in the legislation. Again, business knows this very well. In effect, the this will discourage small business from hiring Premier is reducing the hiring probationary new employees, because they just simply will period for small business from 12 months to not want the harassment. three months. Under the coalition's unfair As I have just mentioned, small business dismissal legislation, the majority of employers will also be subject to the Queensland small business enjoyed this very harassment of unlimited entry rights for union good policy and this very good legislative officials, and this will be used to intimidate provision. They responded by creating jobs in small business. Under the Beattie/Braddy record numbers during the years 1997, 1998 legislation, union officials will be able to walk and for part of 1999—even under a Labor into a small business without notice and Government. This is about to end, and this demand to see the records of all employees move alone will stop jobs growth in the small irrespective of whether they are union business sector dead in its tracks. members. They will be able to disrupt This morning I asked the Minister production cycles, harass management and responsible for small business— non-union staff and get up to the intimidating tactics of old. Again, the solution for small "In view of the most recent QCCI business will be not to employ, and they survey, which shows that only 21% of certainly will not be employing. small businesses have the confidence to take on new employees in the next Also, the entrenchment of legal quarter and that 13% intend to downsize representation within the processes of the their work force, does he, as the Minister Industrial Relations Commission will make the responsible for small business, believe commission even more unaffordable and that the Government's new legislation, inaccessible to small business than is currently including the removal of the coalition's the case. Small business will simply do what it unfair dismissal exemptions for small has been doing for ages, but even more so business and the reintroduction of now: they simply will not go anywhere near the unfettered and unlimited entry rights for commission. union officials, will provide Queensland I could go on at length and detail the small business, the engine room of job hundreds of other clauses in the Labor Party's creation in this State, with incentive to Industrial Relations Bill—which, by the way, create new jobs?" was leaked to the Opposition—which are anti- If the Deputy Premier and Minister responsible small business, but the examples I have cited for small business believed that this legislation will suffice for now. Needless to say, the Bill is would in fact create that incentive, particularly very much a pro-union and anti-business Bill. It the two provisions which I mentioned in my is a retreat to the industrial relations laws of the question, all that he had to say was "Yes". If bad old Labor days of Government. The he had faith in his legislation, if he had faith in bottom line is that it will discourage business the ability of small business to create jobs from employing new people and it will place at under the provisions of the Braddy/Beattie Bill risk many existing jobs. It runs counter to and that is about to be introduced in this place, all militates heavily against the "jobs, jobs, jobs" that he had to say was "Yes". If he did not mantra of Premier Beattie and his believe it, all that he had to say was "No". But Government. he did not answer the question, because he Before turning to further aspects of the wanted to avoid what will, with the passing of business destabilising effects of the reasonable time, prove to be one of the Beattie/Braddy IR legislation, let me just greatest embarrassments for a Government mention in passing my belief that one of the 1812 Matters of Public Interest 25 May 1999 union aims of the legislation is to prop up the not won a friend. He said that the AWU would declining fortunes of the union movement in have to "suck it and see" and that the Queensland. The Government is obviously greenfield site provisions in the Beattie/Braddy very worried about the decline in union legislation were bad for investment and bad for membership, as identified by its own review of jobs. When asked whether he could work with the coalition's industrial relations laws. The unions such as the CFMEU, he said that it review shows a decrease in union membership would be like joining the AFL and NRL from 395,400 in 1996 to 394,100 in 1997. The together and inventing a new game like decline in membership occurred during a hopscotch. That is what Mr Ludwig is currently period of coalition Government and while the thinking. As he said on TV last night, "After the coalition's IR laws were in place. If these laws disappointment comes the anger." were as bad as the Beattie Labor Government Honourable members will need no claims, why were Queensland employees not second-guesses to know who is going to cop flocking to join a union in order to gain the brunt of this anger. Initially and probably protection from them? The fact that they did permanently it will be Mr Beattie and the not proves that the coalition's reforms were fair CFMEU, but very directly and destructively it to all parties in the industrial relations system. will be Queensland small business, which will I now wish to turn briefly to another be caught in the middle of bitter union consequence of the Beattie/Braddy industrial rivalry—rivalry conducted within the context of relations legislation which is of concern to small political instability. In the end, the people who business, this being the political instability that will really suffer in Queensland are those who it will usher into Queensland and the are in jobs and want continuing job security damaging fall-out of a bitter inter-union war on and the people who are looking for new jobs small business. There is no doubt that the that will not be there. CFMEU, the union championed by Mr Beattie, had a big win in Cabinet yesterday over the AWU, the union championed by Deputy Goods and Services Tax Premier Jim Elder. The test case in the inter- Mr NUTTALL (Sandgate—ALP) union dispute was all about the abolition of the (11.40 a.m.): I rise to speak about the goods greenfield provisions within the coalition's and services tax and its effect on families in industrial relations legislation. The AWU this State. Honourable members would be well wanted these provisions to be maintained and aware of the discussions currently going on in the CFMEU wanted them abolished because Canberra in relation to the package put they have been effectively used by the AWU forward by the Liberal Government and would to bolster its jurisdictional coverage. be well aware of the dramas that are So it was a test of strength between unfolding. Elder, the great political thug, and Beattie, the People need to be made aware of how supreme opportunist and pragmatist. That fierce the effects of a goods and services tax Beattie emerged the winner was not surprising will be. During the last week of sittings of this given the Government's recent backing of the Parliament in a ministerial statement the CFMEU position at the Gordonstone and Sun Treasurer made it quite clear that this Metals sites and its blatant condoning of the Government opposes a goods and services unlawful and disgraceful behaviour by CFMEU tax. Also, there was a clear statement in the supporter and member for Fitzroy, Jim Pearce, agreement with the Federal Government at MLA. However, this victory by the Premier will the last Premiers Conference that this State in pose long-term problems for him, for factional particular opposes the introduction of a goods heavyweights and mates Jim Elder and Bill and services tax. Ludwig have long memories when it comes to settling factional scores. Mr Elder has made no Of the 25 OECD countries, only two do secret of the fact that he lusts after Mr not have a goods and services tax. That does Beattie's job, and this dispute and his possible not mean to say we should necessarily defeat will add to his reckless and already introduce such a tax. In most countries this inflated ambition. type of tax is known as a VAT, a value added If people in this place have any doubts, tax, but for the purpose of this debate I will they should listen to what Bill Ludwig had to continue to use the term "goods and services say yesterday during media interviews. He tax". stated that he was very disappointed and that Some 22 years ago, in 1967, the usual the new legislation was not workable. He was type of general consumption tax within the 25 reluctant to say that he would be "seeking OECD countries was a single-stage tax at revenge", but it was clear that Mr Beattie had either the wholesale or the retail stage. The 25 May 1999 Matters of Public Interest 1813 single tax basically consisted of a tax being but on other goods or services there may be a levied at one stage of the production and the tax of 12.5% or 15%—whatever the distribution chain and no further tax being Government of the day chooses. levied. In some countries there was what is known as a cascade tax. This involved levying The countries that have most recently the tax whenever a good was sold, regardless introduced a GST—that is, Canada, Iceland, Japan, New Zealand and Switzerland—have of the purchase. Nine countries had such a chosen to have either one or, at most, two cascade tax in 1967. By 1973, 13 OECD countries had a GST and since 1986 another VAT rates. Whether Australia would have a 10 countries have introduced a goods and split rate of GST has never come up in the services tax. One might say that there is a debate. The other matter of significance is that, when the GST was first introduced in pressure from OECD countries for us to those countries, the average rate was just over introduce a goods and services tax. 12.5%. Now the rate is nearly 17%. Eighteen Twenty-three of the 25 OECD countries of the 23 countries with a GST have increased have a GST. The other country that does not the tax rate since its introduction. From those have a GST is the United States. The United statistics we can say that there is a strong States has what is called a retail sales tax. likelihood that, once a GST is introduced, the Many would say that, really, there is no rate will be increased. fundamental economic difference between a As I indicated earlier, 17 OECD countries retail sales tax and a goods and services tax, have a split rate. If we have a GST, we can other than where in the chain the tax is just about guarantee that at some stage there collected. will be an increase in the rate and we can just Australia has strong economic growth, low about bet that there will be splits in the GST so interest rates, a reducing unemployment rate that some goods and services will be levied at and a Budget surplus. If we have all those a higher rate. things going for us and things are going well, Fundamental areas such as health, why do we need to introduce a goods and education, food and clothing—the four services tax when it has been shown quite fundamentals for every family—should be clearly that, at the end of the day, it will be a exempt from any GST proposed to be large burden on middle and low income introduced in this country. Indeed, there are earners in this nation? What is the advantage exemptions in a number of those areas in a of introducing a goods and services tax? That wide range of OECD countries. I do not question, in my view, still requires an answer. propose to go through which country has what The disappointing aspect of the goods exemptions, but a number of countries have and services tax sought to be introduced by what they call standard exemptions. They are the current Government is that it is a fairly things such as postal services, medical care, sweeping tax—across all areas. There are very dental care, education, charitable work, non- few exemptions. Even at this stage in the commercial activities of non-profit making negotiations with the Democrats, the organisations, cultural services, insurance and Government is reluctant to grant any type of reinsurance, letting of immovable property, exemption to a GST. I will come to some of financial service, lotteries and gambling, and the exemptions in some of the other OECD the supply of land and buildings. We know that countries shortly. in the GST that is being proposed in this country a lot of those things are not exempt. One of the things that has not been Indeed, we are struggling just to get food stressed in the debate is that a goods and exempt. In my view, it is quite clear that, if the services tax in other OECD countries is not Democrats are going to hold the line and if necessarily at the one flat rate, as is being they are going to insist on the exemption of proposed in Australia. In actual fact, in most food, then they should also be ensuring that countries with a goods and services tax there there is full exemption for education, health are levels of GST. Of the 23 countries that and, indeed, clothing, because I do not have a GST, only four have one general rate. believe that the package that is being Eight countries have two rates, six countries proposed by the Federal Government will in have three rates and five countries have four any way remain in the long term and that the or more GST rates. Once a GST is average citizen, particularly in this State, will implemented, that type of split rate can be suffer badly from a GST. introduced by the Government. We may have a GST of 10% on some goods and services, Time expired. 1814 Matters of Public Interest 25 May 1999

QFMA; Pilchard Fishery Trial 3. Not permit the fishing activity to Hon. T. R. COOPER (Crows Nest—NPA) recommence unless it can be clearly (11.50 a.m.): I wish to draw to the attention of demonstrated that it will not result in the House the Minister for Primary Industries' dolphin mortalities. bungled attempt to disguise the political 4. Notify the Minister for Primary Industries assassination of the board of the Queensland and the Department of Environment and Fisheries Management Authority and to Heritage. expose how he misled the people of 5. Advise the permit holder of this process Queensland in regard to the purse seine and invite his response. pilchard fishery trial on the Sunshine Coast. 6. Conduct an internal review on why this By way of background—Mr Gary Pinzone matter was not brought to the Board's lodged a proposal for the establishment of the attention sooner." pilot fishery in March 1995. On 26 October 1995, the then QFMA board refused that That resolution was actioned immediately. application. Mr Pinzone subsequently Importantly, I would emphasise that those appealed the decision to the Fisheries actions are consistent with the provisions of Tribunal, which, in due course, upheld his the Fisheries Act 1994 and utilise the board's appeal and ordered the then QFMA board to powers afforded to it under that Act. The issue the permit to conduct the fishing trial. fishery was closed under section 46 of the Act, Since then, Mr Pinzone has made a which provides the board with the ability to considerable investment in developing both issue emergency fisheries declarations if the fishery and a pilchard processing business. "urgent action is needed to meet a significant As has been revealed, there have been nine threat to fisheries resources or a fish habitat or dolphin deaths during the course of this trial. another emergency." However, section 46(6) On 10 May 1999, the Minister secured his specifically requires that— Cabinet's approval to sack the QFMA board, citing the deaths of nine dolphins in the purse "The fisheries agency must repeal seine fishery trial conducted by Mr Gary the declaration as soon as possible after Pinzone and the apparent mishandling of the the fisheries agency is satisfied the unfortunate incident by the QFMA board as his emergency no longer exists." justification. And section 46(7) states— I am now in receipt of documents and "Unless it is earlier repealed, the advice from a number of sources which reveal declaration expires 2 months after it is clearly that the current Minister has deliberately gazetted." misled the people of Queensland and That is the law. maligned the reputations of the highly qualified QFMA board for his own political gain. I now The review into the fishery was conducted table a copy of the minutes of the QFMA by dolphin expert Dr Peter Hale of the Centre board meeting on 5 February 1999 and a for Conservation Biology, University of letter dated 5 February 1999 from the now- Queensland, who made a series of sacked QFMA Chairman, Mr Jim Miller, to the recommendations for the trial in his report current Minister, informing him of the board's Ways in Which Dolphin Mortalities Might be actions on learning of the dolphin deaths. Minimised or Avoided in the Conduct of a Purse-Seine Net Fishing Operation for In short, the board adopted the following Pilchards in South-east Queensland. Those resolution— recommendations were adopted by the board "That the Board— and incorporated into Mr Pinzone's permit 1. Take immediate action to stop this conditions. As the Act stipulates, once the fishery forthwith by both: QFMA board was satisfied that the emergency no longer existed, as a result of changes to (a) emergency declaration prohibiting fishing operations imposed by the new permit the taking of pilchards by use of a conditions, it must repeal the declaration as purse seine net from the date of provided in section 46(6). Accordingly, the trial gazettal; and was allowed to start again. (b) commencement of a 28-day It would therefore appear that the board show-cause notice process as to why fulfilled its responsibilities under the Fisheries Mr Pinzone's permit should not be Act 1994 with regard to the purse seine trial. If cancelled. the board did not follow the letter of the law, its 2. Conduct an immediate review into this decisions could be subject to appeal via the fishery. Fisheries Tribunal. In fact, if the board did not 25 May 1999 Matters of Public Interest 1815 fulfil its legal responsibilities, the Minister has So while the Minister was apparently so still not provided any evidence to show that publicly concerned—concerned enough to and justify its sacking. So who did not fulfil his sack the board for using every power it was responsibilities? That is clear. It is the Minister entitled to under the Act—he does not seem for Primary Industries. How? Because, firstly, to have been concerned enough to talk to the he did his best to suppress the dolphin deaths. board or to close the trial using his own very At its meeting on 5 February, the board significant powers. The Minister has clearly drafted a media release to inform the public of shirked his responsibilities and has misled the the incident and the reasons for the closure of people of Queensland. He has used these that fishery. It subsequently advised the tragic dolphin deaths as nothing more than a Minister for Primary Industries that the release tool to further his political objective of sacking should be issued. The Minister and his the QFMA board to make way for the advisers were briefed fully on the issue. What orchestrated introduction of his own politicised was the Minister's response? "Don't do that. fisheries management structure. Keep it quiet." In fact, a number of the sacked On learning of the dolphin deaths, the board members have stated publicly that the board acted immediately to issue the Minister did not raise his apparent concerns emergency closure on that very same day. with the board prior to his dismissal of them by Even the Minister's spokesman in the Courier- way of media release. That is an absolutely Mail on 12 February conceded that. But then extraordinary action on the part of the on 10 May, according to the Minister, it had presiding Minister. Why would the Minister try not done enough and it was sacked. The to suppress the dolphin deaths? Was he trying QFMA board has been used as nothing more to avoid public scrutiny? Or did the timing and than a political scapegoat. What this Minister the board's actions not suit the Minister's has done is to sack a highly qualified board, political agenda, aimed at later dismissing the which happened to be appointed by the board? former Borbidge Government, and replace it with another interim board which includes a But as well as trying to suppress public couple of old Labor mates. This has nothing to access to information about the dolphin do with the board's actions. And later, by his deaths, the Minister failed to fulfil his own admission, the Minister conceded that. In responsibilities on a second front. Despite his own media release on 10 May, the Minister having very clear powers under the Fisheries said— Act, he personally did nothing about the dolphin deaths—the deaths about which he "The overhaul of Queensland's has claimed publicly to be so concerned, and fisheries management had been a key for which he has held the board fully at fault. plank in the Labor Party's election While the Fisheries Act 1994 only gives the platform at the last State election." board the power to close a fishery for two "Dolphingate" is all about another Labor purge months on an emergency basis, it clearly gives and another Labor pre-election deal. But once the Minister the power to intervene. again, Labor has assassinated the reputations Section 30 of the Act, "Reserve power of of a highly qualified and widely respected the Minister to give directions in the public board to fulfil that deal. interest", allows the Minister to give the QFMA Just to dispel any false aspersion that the a written direction in the public interest former board was a political appointment, I because of exceptional circumstances with want to remind all members that these were which the QFMA must comply. Before giving recommended to the former Minister following the direction, the Minister must consult with the an open and transparent selection QFMA. The Act then stipulates that the process—something this Government has Minister must gazette a copy of the direction consistently spurned. I would like to table a within 21 days and that the direction be summation of the qualifications of those board included in the QFMA's annual report. Despite members. It was not a political board. It was a briefings from both the QFMA board and his board that has fallen victim to another department, the Minister did not use those malicious Labor hatchet job under one of the powers. Despite calls from the recreational most deceitful Ministers Queensland's fisheries fishermen's organisation, Sunfish, in the have ever seen. The Primary Industries Sunshine Coast Daily on 16 February for the Minister stands condemned. Minister to make the closure permanent, the As I said, I table the draft minutes of the Minister did not take his apparent concerns or meeting leading up to a letter that was written those of Sunfish to the board, nor did he use by the board chairman, Mr Jim Miller, a former his reserve powers. director-general of Primary Industries, to that 1816 Matters of Public Interest 25 May 1999

Minister on 5 February recommending the central Queensland; taking of those actions, and a list of all the Wide Bay; appointees and their qualifications. I table all south-east Queensland/north; those for the benefit of the House. south-east Queensland/south; and south-east Queensland/west. Small Business Advisory Council There are a variety of vital issues and challenges facing small business in Mr ROBERTSON (Sunnybank—ALP) Queensland today—issues such as Y2K, e- (12 p.m.): Last Wednesday, it was my great commerce, globalisation, business structures, pleasure to chair the inaugural meeting of the the proposed GST, management skills, recently appointed Queensland Small services marketing, costs of compliance, Business Advisory Council. The council will be franchising, and the list goes on. Some issues a key source of advice to the Queensland are more immediate than others. This is Government on a range of issues vital to the particularly so given the nature and the interests of small business. magnitude of their effect on small business. The Deputy Premier, in particular, places As chair of the advisory council I great store in the advice that this council will canvassed council members' perception of provide and he has ensured that, by Y2K issues. It was generally felt that there is appointing me to the chair, he will have a still a degree of apathy amongst small direct line of communication to the matters businesses about the impact of the Y2K bug raised and the solutions proposed. on the operation of their businesses, including Mr Pearce interjected. the supply of materials for production or sale. I Mr ROBERTSON: Thank you very much. was pleased that council members The council will focus on the most significant complimented the Department of State small business issues, working on solutions to Development on the production of the booklet encourage and support small business growth, The Year 2000 Problem—Misconceptions and employment expansion and prosperity. It will Options. I take this opportunity to recommend focus on solutions that will improve the this booklet to members of the House for environment for small business in Queensland. distribution to their business constituents. Although many thousands of copies of this The membership of the council is diverse, booklet have been distributed throughout consisting of representatives of leading Queensland in the past few months, we all businesses and industry associations, small have a responsibility to see that it gets into the business operators and business support hands of as many small businesses as institutions. The composition of the council possible so that they can asses their own reflects the Government's commitment to degree of Y2K preparedness. It is an excellent ensure that small business has a direct input tool for small business and helps to simplify a into policy development. complex issue. In appointing members to the council, the It is unrealistic to assume that the Deputy Premier was also mindful of the Queensland Small Business Advisory Council significant regional small business can be all things to all people. Consequently, constituency, with a representative from both the council will focus on a maximum of two Townsville and Cairns playing an active role. issues at any one time. Initially, the council will Further, through organised consultation in tackle two critical issues on which the Deputy regional, urban and rural areas, the council Premier has requested advice. can ensure that Queensland small businesses have the best opportunity to voice their The first issue concerns the likely impact concerns direct to Government. on small business of a GST—assuming it survives the current negotiations with the To achieve this, the Department of State Australian Democrats. If the GST does survive, Development will work closely with the no matter what form it takes it will impact Government's Regional Communities significantly on many of the 185,000 small Program. The aim of this program is to business operators in this State. To that end, strengthen regional communities' participation the Department of State Development is in Government decisions. Quarterly ministerial commissioning a report that will identify the community forums will be held in the following following: what action small businesses need regional areas— to take to minimise the negative impact of a far-north Queensland; GST; the potential areas of market failure in north Queensland; responding to the needs of small business Mackay/Whitsunday; during the transitional and operational phases; 25 May 1999 Matters of Public Interest 1817 and, lastly, what action the Queensland The consultancy will be required to deliver Government can take through the a report containing a comprehensive profile of development of appropriate services and the Queensland franchising industry, including products for delivery through the department's information on its composition, sectoral State Development Centres. strengths and weaknesses, best practice systems, employment characteristics and Regardless of whether members in this industry success rates. It will also analyse place support a GST, all members must existing Commonwealth and other State recognise that if a GST is introduced there are Government franchising initiatives, including important issues which must be addressed to current Commonwealth Government industry ensure that the impacts on small business and legislative initiatives and their impact on during the transition and operation of a new the Queensland franchising industry. comprehensive tax system are minimised. Therefore, it is incumbent on responsible The council will also be informed by the Governments—Governments which have a report on current franchising industry issues real concern about the needs of small and concerns including franchisor/franchisee business, such as the Beattie Government— relationships, Government/industry regulation that we address issues arising out of the and intervention, consumer protection and introduction of a GST. These issues include emerging opportunities and threats. The report such things as tax compliance costs, both will also identify potential areas of Government start-up and ongoing costs; cost structures; interest including areas of market failure and system requirements; margins; cash flows; industry opportunities, areas of Government outsourcing; and business direction for skill or program deficiency and opportunities for businesses moving to different sectors or industry seeding or the expansion of export different markets as a result of the imposition activities. Finally, the report will identify of a GST. potential areas of cooperation between the Queensland Government and other I hope that the Small Business Advisory Governments in respect of the franchising Council will have the support of all members of industry. this House, irrespective of party affiliation, in tackling this important issue and making As I mentioned previously, following recommendations to help small businesses detailed consideration of the report, the Office cope with what will be an extremely trying and of Small Business will develop a challenging time over the next 12 to 24 comprehensive franchising industry strategy months. and a line of targeted products and services to address the unique market needs of this The second issue to be tackled by the important Queensland industry. council concerns franchising. Franchising is a One side issue which has arisen is that fast-growing sector of the Queensland the Small Business Advisory Committee will be business community. With just 19% of the contributing to the discussion about the future population, Queensland accounts for 24% of of Queensland State schools or the 2010 Australia's franchised outlets. A retail industry Queensland State Education discussion paper strategy was released by the former recently released by Education Queensland. Department of Tourism, Small Business and Members of the advisory committee, Industry in 1998. The strategy identified the particularly those who are active small franchising industry as having substantial business owners and operators, recognised economic and employment potential. It also the importance of tailoring our State education identified a lack of background information system to provide training for young people held by Government on the franchising who may wish to pursue careers in small industry, and a lack of management and business. The views of these experienced business skills by some franchisors and small business operators will be made known franchisees. to Education Queensland via a submission To that end, the Department of State during the 2010 Queensland State Education Development will be commissioning an consultation period. external study to provide comprehensive I am pleased to inform the House that the information on the Queensland franchising first meeting of the Small Business Advisory industry so that, once the Small Business Council was an unqualified success. What was Advisory Council considers this report and particularly pleasing was the energy and provides input, a strategy can be put in place enthusiasm demonstrated by all members of to ensure that Government is providing the the council. They have a commitment to do appropriate support and service delivery. the hard work necessary to make the right 1818 Matters of Public Interest 25 May 1999 recommendations to the Deputy Premier to approximately only 1,250 students will be left ensure that the environment for small business at Gatton. This year alone, the economic loss in Queensland is the best that it can possibly to the Lockyer community because of those be. The agenda of work to be performed by moves will be around $8m, which is more than the council over the coming months will, I the value of the whole Lockyer potato crop. hope, receive the support of all members of Many promises have been made to the the House. three shires in the Lockyer region. Many Mr DEPUTY SPEAKER (Mr D'Arcy): people in the region invested money in Order! Before I call the member for Lockyer, I student accommodation, only to see these would like to recognise in the gallery pupils investments dashed. It is no wonder the from the Rochedale South Primary School. representatives of the Gatton, Laidley and Esk Shires have become very impatient with the Honourable members: Hear, hear! university's senate. The University of Queensland, with some University of Queensland, Gatton Campus 30,000 students, has indeed created Dr PRENZLER (Lockyer—ONP) overcrowding in the St Lucia campus. Despite (12.10 p.m.): I rise once again to speak on the the reservations of a part of the academic staff issue of the viability of the Gatton campus of and some supporters in professional the University of Queensland. Simply, the organisations, such as the AVA—and I must downfall of the campus began after the admit that some of their views are quite Dawkins white paper of 1989 insisted that ridiculous—to survive today a university must smaller educational centres, such as the be visionary and outward in its thinking. The Gatton College, be forced into a consolidation University of Queensland is at this crossroad. The Pinjarra Hills, Mount Cotton, Redland Bay process with larger universities. Gatton and, indeed, the north coast hinterland College, because of its historic links, chose to campuses are under increasing urbanisation consolidate with the University of Queensland, even though at the time Griffith showed a lot and environmental pressures. Those pressures of interest in Gatton. will not go away. I understand the sentimentality of the Mayne inheritance to the Over the next five years of the University of Queensland. I am sure that that consolidation process, many promises were consideration could be resolved adequately made by the University of Queensland to by, for example, ensuring that parkland area is Gatton regarding its future. Those assurances set aside for that remembrance. flowed from seven reports to the university's senate, which indicated that the St Lucia The development of the Gatton campus campus was already overcrowded, that as a world-class educational and research courses would have to go to the Gatton facility would be the next logical step in the campus, that the student population would rise development of the university. The scenarios to around 5,000, and that the Gatton campus envisaged by Professor Lovell and the now would become a world-class educational and retired Vice-Chancellor Wilson for the future of research facility encompassing agriculture and the Gatton campus were correct. Those veterinary sciences. scenarios have since been further reinforced by the visionary concept of a Queensland In 1995, the university senate even animal health institute being based primarily at reaffirmed that commitment in a report which the Gatton campus, with a centre in states— Toowoomba as well as in Brisbane. The "That the development of a new proposed facility, being a joint venture campus"— between the Queensland Department of Primary Industries, the University of and that is referring to the new Ipswich Queensland and CSIRO, has been described campus— as a worthwhile, achievable goal by the "should not compromise the quality of Queensland Animal Health Institute feasibility existing campuses or programs, study steering group. particularly through a diversion of student These are the visionary concepts that loading or funding." Queensland needs for the future. We have to Despite all of these promises to the Gatton be at the forefront of research and campus and to the people of the Lockyer development into disease control and region, the actions of the university are quite to prevention in the agricultural and veterinary the contrary. Courses, staff and students are areas. We should also be at the forefront in being moved to the Ipswich and Brisbane research and development of biological campuses. By the end of this year, controls of the viral, bacterial and pest 25 May 1999 Matters of Public Interest 1819 diseases that continually hinder agricultural the steering committee for the centre indicated and animal production. This research is that there was no such thing as a student absolutely necessary for a green and clean learning centre. future that is vital for the survival of our The capital management plan species. This research can be done only in a commitment of $5.3m to the college over the rural community where the research centre next three years is laughable considering that becomes an extension of the farming the annual income for the university exceeds community and the farming community $500m. Most of the works should be becomes an extension of the research centre. considered as being mere maintenance work. That is what should be happening at the The major item is the extension of the Gatton campus. All the misleading information management studies building, which is now on that is coming out of the university and being hold because the University of Queensland is fed to the Beattie Government should cease. considering a further downsizing of the college. The reply to my question on notice to the The university is using the argument that Minister for Education, based on advice from it does not have the money and that therefore the University of Queensland, is somewhat all promises are off. The university knew this deceitful. Most of the works referred to in the when it moved the business courses and Minister's reply were actually funded from the demonstrates that it had little intention of living old Queensland Agricultural College reserves up to any commitment to develop the Gatton and not by the University of Queensland. The campus. If it had, the university would have question on notice identified the University of stalled or stopped completely the removal of Queensland's own funds. Consequently, the the courses until it had a plan and funds to university has falsely claimed those works. The maintain the university campus at Gatton. The university also claims to have undertaken university has acted in bad faith towards the significant capital works at Gatton. The people of Lockyer. refurbishment of other buildings could in no way be called significant capital works. In fact, The inference that the university does not they are basically maintenance work. have sufficient funds is also a matter of policy and not fact. For instance, as at 31 December I will give members some examples of 1998 there was an accumulated surplus in its such work. The university claimed that new operating budget of $37m. The university also laboratories were built. In fact, only a couple of has some $150m in investments. In addition, fume cupboards and some new desks and the purchase of the land and buildings at whiteboards were provided. That cannot be Bond University is still in train. The university is claimed to be significant capital works. The hardly what one would call cash strapped. university also claimed significant capital works undertaken for student accommodation. A The university is trying to shift the blame coat of paint, some replacement cupboards for its lack of action in relation to the Gatton and temporary demountable buildings for campus to the CSIRO, the DPI and industry. It student rooms is hardly significant works. In would be worth while for the Minister to fact, they are just barely maintenance work. approach these bodies and see whether the There was the installation of a small number of major impasse was the fact that the university self-catering facilities and small patios in the refused to supply any significant input of funds halls of residences. They are minor works that to the concept of a teaching and research do very little to improve the teaching and facility and merely wanted these bodies to foot research environment of the college. In the bill for it. The teaching and, to some addition, Shelton Hall is now vacant and for all extent, the research facility is the responsibility intents and purposes has been abandoned. A of the university itself. In my opinion, the refit of the dining hall servery/eating area and university response is not to inform the Minister the installation of an electric boiler is the but to misinform him. university's claim of significant works to dining Let us get on with the job and do what is facilities. The university also claims to have right for Queensland. The Premier and his constructed a new piggery and student Ministers have postulated much about their learning centre. There is no new piggery. commitment to the development of regional Works to replace smashed windows and and rural communities. I challenge the Premier broken side vents and shields, broken flooring to remember that the development of the and pens was undertaken in a part of the Gatton campus has received the backing of existing piggery. Those works were essential EDROC and SEQROC. In that regard, the Lord for the continued use of the piggery. The Mayor of Brisbane, Mr Jim Soorley, made the student learning centre may be relocated to comment that the wealth gap between the the Centenary learning centre. A member of rural and urban communities is widening and 1820 Matters of Public Interest 25 May 1999 then gave his backing to the Gatton campus. Harkness, a partner in Wilson Ryan and Grose, The development of the Gatton campus is will represent the Townsville Chamber of indeed a litmus test of the Government's Commerce. commitment to regional communities, and it As has been previously announced, the will be watched closely. CBD task force will be chaired by Mr Trevor In conclusion, I have noticed that the Reddacliff. From the work that he has done in National Party is taking a latent interest in the Brisbane as the independent chair of the task Gatton campus. If that interest is genuine, it is force, I know that Trevor Reddacliff brings a welcomed. However, if it is only political great deal of experience and credibility to the grandstanding to gain a few votes at the position of independent chair of the CBD task expense of the Lockyer people, it is not. Once force in Townsville. He will be served by a again, the future of the Gatton campus is secretariat from within the Department of being viewed in the regional areas as a real Premier and Cabinet in Townsville. test of the Government's commitment to We are embarking on an important new regional development and will be watched era of development in the inner city of closely by regional councils throughout Townsville. The State has invested around Queensland. If the Premier does not take $19m in the development of the new-look notice and become involved, his Government Strand and $17.5m in the Pandora Museum. will fail. This major capital outlay has already sparked a private investment boom and will continue to Townsville Central Business District Task have a major impact on both the aesthetic and Force commercial aspects of Townsville's CBD. In addition, a vision group appointed by the State Mr REYNOLDS (Townsville—ALP) is now considering options for the future use of (12.19 p.m.): It is with pleasure that I inform the three-hectare North Ward hospital site, members in the House that, in my capacity as which can also play a part in revitalising the the Premier's north Queensland representative inner city. I stress that what we need now is a and member for Townsville, I recently collective vision to create a master plan for the announced the 11 members of a CBD task CBD that is acceptable to the Government, the force to drive a new era of development in council and the community. This is a Townsville's inner city. Good quality tremendous partnership between the key representation from both business and the players: the State Government, the city community in general will ensure that the new council, the business community and the central business district task force adds value community at large. to the development boom that is already I am pleased to report to the House today occurring within the city's heart. that the first meeting of the CBD task force The State Government and Townsville took place at the offices of the Department of City Council will have three representatives on the Premier and Cabinet last Wednesday, 19 this new CBD task force. The remaining May. We started our initial meeting by looking members will be drawn from Townsville at the strategies that we will implement and Enterprise, the Townsville Chamber of the work that we will be doing over the next Commerce, the National Trust and the few months. Some of the key issues for the community. The three State Government task force include the relocation of the representatives will be myself, Peter Jones, historical great northern railway station and the who is the north Queensland regional loop line associated with it. That strategy has manager with the Department of been endorsed by Queensland Rail. The task Communication and Information, Local force will also be examining the revitalisation of Government and Planning, and Peter Mellor, Flinders Mall, which won three national awards who is the director of the State Development in 1979 and 1980. We are looking at the role Centre in Townsville. The three council that the Flinders Mall will play in the representatives will be Mayor Tony Mooney, revitalisation of the city heart itself. We are Deputy Mayor Anne Bunnell and the chief looking at the Victoria Bridge revamp and the executive officer of the Townsville City Council, Flinders Street East/Palmer Street connection Brian Guthrie. The two community across Ross Creek. We are also concentrating representatives will be Jim Bunnell, who as its on Government and council property that will president will also represent the National Trust, be available for development. We will be and Simon Turner, a partner in the law firm looking at the links between the CBD and the Connolly Suthers, which owns the historic AMP enormously exciting Strand development that I building in Flinders Mall. Mr David Carmichael referred to a moment ago. Also, the Hanran will represent Townsville Enterprise and Mr Col Park residential and commercial development 25 May 1999 Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Bill 1821 proposal will be a key component of the work of education, health, defence, mineral that we will be doing over the next few months. processing, public administration, tourism and The State Government and the Townsville maritime activities. We also need to include a City Council, with the support of private sector focus on the arts, entertainment, and sport interests in Townsville, recognise an urgent and recreation as important elements of the need for urban renewal in the Townsville inner community life of the Townsville/Thuringowa city area to correct urban decay and address region. How many things can we point to as future international market forces. The State marvellous examples of the partnership and the council recognise a vision for the between the State Government and the Townsville inner city of the future. We believe Townsville City Council? The entertainment that it should embrace the following elements: centre and the Cowboys facility at Thuringowa first, a revitalised inner city, together with the are great examples of a partnership between a harbour and The Strand precincts, which will strong local government and a strong Labor be the hub of the Townsville region. We also Government. The achievement of the recognise a unique identity for Townsville's objectives of the task force must also include inner city, focusing on water frontages and the encouragement of joint ventures and other heritage buildings. As the former Mayor of cooperative arrangements between the public Townsville, in the early 1980s I took a great and private sectors. Some projects that I have deal of pride in introducing development just mentioned are excellent examples of that control plans that really recognise the heritage as well. Encapsulated in the strategy will also of the city. Unlike some cities where heritage be proactive and effective marketing of the has disappeared, our heritage is very much a Townsville city area. living component of the central business We have an enormous challenge ahead district. of us. The building blocks that we put in place We also recognise that a new inner city now are important for the future of the CBD, living, work and leisure environment for people because they will mean that the CBD task of the Townsville region is a very important force can get on with its job with a great deal component of the future of the CBD. Over the of positiveness. The task force's priorities are past 20 years, the CBD has changed described in three phases: an establishment enormously. We have seen retail development and planning phase, followed by a statutory move into suburban areas and we have seen phase and then an implementation phase. the growth of professional and some This is a major achievement of the Beattie administrative services in suburban areas as Labor Government. I was very proud to be well. Included in our vision is a new commercial associated with Premier Peter Beattie and the and cultural hub for the Townsville region, Mayor of Townsville, Councillor Tony Mooney, ensuring that we enhance and grow on the when we signed this agreement just a month strength that is in the CBD now. We also ago at the Townsville Community Cabinet recognise that enhanced infrastructure will meeting. This is a tremendous opportunity for attract international tourism. When we look at the inner city and the people of Townsville will the tourism elements that are being put in seize it with a great deal of interest. It provides place and we look at Flinders Street East, The a great challenge. I look forward to taking part, Strand and Palmer Street, we see the bringing on behalf of the State Government, in the together of enormously important urban CBD task force for Townsville. precincts that are going to be very much enhanced by this CBD task force. LIQUOR (EVICTIONS, UNLICENSED SALES A Government member: It's a great place AND OTHER MATTERS) AMENDMENT BILL to live. Hon. R. J. GIBBS (Bundamba—ALP) Mr REYNOLDS: Townsville is a great (Minister for Tourism, Sport and Racing) place to live and I am very proud to be the (12.30 p.m.), by leave, without notice: I State member for Townsville. I know that this move— will be a great development for Townsville. "That leave be granted to bring in a The State Government and the Townsville Bill for an Act to amend the Liquor Act City Council recognise that the strategies for 1992." the achievement of the objectives of the Motion agreed to. Townsville inner city urban renewal project and the fulfilment of that vision should embrace a range of criteria, including the exploitation of First Reading regional, national and international Bill and Explanatory Notes presented and opportunities in the dynamic and diverse fields Bill, on motion of Mr Gibbs, read a first time. 1822 Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Bill 25 May 1999

Second Reading amendment contemplates the possible harm Hon. R. J. GIBBS (Bundamba—ALP) these circumstances can cause to the problem (Minister for Tourism, Sport and Racing) patron and to other patrons. (12.31 p.m.): I move— The amendment Bill also seeks to "That the Bill be now read a second increase the penalties relating to the time." unlicensed sale of liquor. The illegal sale of liquor brings with it the associated problems of The amendments sought in this Bill are to unrestrained and unsupervised public clarify and strengthen the existing provisions of consumption of liquor, including public the Liquor Act dealing with the eviction of drunkenness, violence and vandalism. patrons from licensed premises and the Unlicensed operators have the propensity to unlicensed sale of liquor. For some time now cause significant harm within the community, licensees have considered it their right to vet without any of the usual social or legal the entry of patrons to their establishments obligations. Legitimate operators have to pay and to check behaviour by removing problem for the same privileges, obtain town planning patrons to provide a safe environment for all. approvals, run the gauntlet of public objections However, recent court decisions have cast and provide facilities to an appropriate some doubt on these provisions and have standard. The unlicensed operator sets up effectively removed the rights of licensees to shop without consideration for the law or their control their premises. surrounding community. In 1992 I introduced a new Liquor Act This amendment will also increase the which allowed licensees greater flexibility in penalties for sly-grogging, and I put these structuring and promoting their business to unscrupulous operators on notice that the target a particular market sector. Since that fines will fit the crime and the harm that they time, diversity has flourished and hospitality cause. In the more remote areas of this State, operators are servicing a more sophisticated sly-grogging is affecting many indigenous and demanding local market and are also able communities. It undermines any attempts by to quickly respond to international trends for local councils to enforce community laws and tourists. Coupled with this new flexibility came greater social obligations in relation to the control liquor supplies, leading to problems of responsible service of alcohol. Licensees and drunkenness, violence and family distress. These amendments will ensure that any sale their staff were asked to minimise the potential of liquor by an unlicensed operator will result in harms from alcohol sales by considering their large fines, and subsequent offences may management and service practices and to attract a jail term in addition to a fine. ensure a safe environment for patrons. In providing this safe environment, the licensee This strategy will be supported by must be able to monitor and check patron amendments clarifying existing provisions that behaviour. Prohibiting entry to people who the owner or occupier of unlicensed premises may be known troublemakers, intoxicated, can be pursued for knowingly allowing the sale underage or disorderly is not only good of liquor. The owner will now be held business practice but also safeguards the accountable if he or she has been made wellbeing of all patrons. Additionally, the aware of three convictions of persons on their licensee should be free to set the tone of their premises relating to the unlicensed sale of venue, for example, by enforcing minimum liquor within a period of two years. After one dress standards and therefore cater for a such offence, the Act will allow the owner to particular market niche. terminate the tenancy of the rogue operator Equally as important as prohibiting entry is and thereby break their link to liability for the the ability to remove patrons who are creating activity. This will ensure that owners are not a disturbance, disorderly or for some other knowingly gaining an income from an illegal lawful reason. We have all read about the activity without being responsible for the increasing number of civil suits where licensees consequences of that activity. are being sued for not protecting their patrons. To prevent the recurrence or continuance This amendment Bill will empower licensees of these offences, additional powers of seizure and their employees to do just that. It is not are being proposed for investigators under the good enough to say, "Let the police deal with Act. The amendments will allow an investigator it." Consider our country licensees. The local who has reasonable grounds for suspecting officer in charge of police may be hours away. that illegal sales will continue or resume after The licensee cannot just give a fellow another they have left the unlicensed premises to seize drink and ask him to sit quietly and wait for the property to prevent further sales. The property police to eject him from the hotel. This seized would be items related to or used to 25 May 1999 Commonwealth Places (Mirror Taxes Administration) Bill 1823 facilitate or promote the sale, such as fittings, First Reading dispensing utensils, storage, refrigeration and Bill and Explanatory Notes presented and display units. These powers are necessary to Bill, on motion of Mr Hamill, read a first time. put a stop to illegal trading, which currently resumes within hours of an investigation, at which time evidence, including all the liquor Second Reading available for sale, is taken. Hon. D. J. HAMILL (Ipswich—ALP) The court penalties to date have not been (Treasurer) (12.38 p.m.): I move— sufficient to deter the operators from "That the Bill be now read a second restocking liquor supplies and resuming trade. time." The proposed penalties are intended to indicate to the courts that, regardless of The Commonwealth Places (Mirror Taxes whether a person is the owner, operator or Administration) Bill 1999 implements essential employee of a business, this is a serious elements of safety net arrangements agreed offence and the penalty will be a severe one. between Queensland and the Commonwealth To follow through, the Bill proposes to to ensure the continuation of appropriate disqualify repeat offenders from holding a taxation arrangements for Commonwealth liquor licence for a specified period of time. places in the State. The need for these Clearly, unlicensed operators are not fit and arrangements arose from the High Court's proper persons to hold a licence and their decision in Allders International Pty Ltd v subsequent association with legitimate Commissioner of State Revenue where the businesses should be closely monitored. This court decided that a lease of a shop at amendment Bill will disqualify a person with Tullamarine Airport was not subject to stamp two convictions for unlicensed sales from duty imposed under Victorian stamp duty holding a liquor licence for a period of five legislation because of section 52(i) of the years from the date of their last conviction. Commonwealth Constitution. Disqualification for a period of 10 years will That section of the Constitution provides result from three or more convictions. This will the Federal Parliament with exclusive powers ensure that irresponsible operators are left in to make laws for the peace, order and good no doubt as to their status if they attempt to government of the Commonwealth with later license their illegal business. respect to all places acquired by the The Liquor Act encourages long-term Commonwealth for public purposes. The investment and development in the tourism decision has important revenue implications for and hospitality industries. There is no room for all States as, in addition to stamp duty on fly-by-night operators who wish to trade leases of the type considered by the High irresponsibly and, in doing so, force legitimate Court, it is possible that other State taxes may businesspeople to lower their standards to similarly be inapplicable to the extent that they compete. This amendment Bill reinforces my have the necessary connection with a Government's commitment to eradicating Commonwealth place. serious threats to the health and safety of all To ensure that Commonwealth places did communities and to preventing potential not become taxation havens and to preserve catalysts for criminal behaviour. I commend State revenues, the Federal Treasurer publicly the Bill to the House. announced the Commonwealth's intention to Debate, on motion of Mr Healy, implement safety net arrangements on and adjourned. from 6 October 1997. As a result, the Commonwealth enacted the Commonwealth Places (Mirror Taxes) Act 1998 which applies COMMONWEALTH PLACES (MIRROR as Commonwealth law the States' stamp duty, TAXES ADMINISTRATION) BILL payroll tax and financial taxes laws in relation Hon. D. J. HAMILL (Ipswich—ALP) to Commonwealth places in each State. The (Treasurer) (12.38 p.m.), by leave, without Commonwealth also announced that, should it notice: I move— be necessary, other State taxing laws may "That leave be granted to bring in a subsequently be applied with effect on and Bill for an Act to provide for the from 6 October 1997. administration and operation of State In Queensland's case, the safety net taxing laws that are applied as arrangements mean that there will be Commonwealth laws in relation to Commonwealth legislation which applies the Commonwealth places, and for other Stamp Act 1894, Pay-roll Tax Act 1971 and purposes." Debits Tax Act 1990 for Commonwealth places Motion agreed to. in Queensland. These applied laws commence 1824 Commonwealth Places (Mirror Taxes Administration) Bill 25 May 1999 on the signing of an agreement by the including where action is being taken to assess Governor-General and each State Governor or reassess liability, recover outstanding tax or and then have retrospective effect to 6 prosecute a person for failure to satisfy October 1997. In addition to the mirror tax taxation obligations. legislation, the Commonwealth also enacted To ensure that the Commonwealth windfall tax legislation to tax refunds of State applied laws and State taxing laws operate taxes paid prior to 6 October 1997 where the together as intended, amendments to the refund is sought after that date on the basis of State taxing laws will be required with effect the constitutional invalidity of the State taxing from the same date that the applied laws law. commence. The amendments required to the The Commonwealth Places (Mirror Taxes State taxing laws to ensure their effective Administration) Bill 1999 will provide the operation in conjunction with the necessary legislative framework to support the corresponding applied laws and to ensure that administration and operation of the applied a person's taxation liability remains unchanged laws in Queensland. This legislation has been under these arrangements will be separately prepared on a national basis by the made. Any amendments made to the State Parliamentary Counsel Committee and has taxing laws are automatically mirrored in the been, or will be, enacted in a substantially applied laws. There will also be some cases similar form by all States. where the Commonwealth applied laws will require specific modification to ensure their Amongst other things, the seamless operation with State taxing laws. The Commonwealth Places (Mirror Taxes Commonwealth's mirror tax legislation Administration) Bill 1999 authorises the Governor to enter into the agreement with the delegates to State Treasurers the power to Governor-General, which is necessary for the amend the applied laws in specified mirror tax legislation to have effect in circumstances by publication of a notice in the Queensland. It also provides the authorisation Commonwealth Gazette. for State authorities, which will be the Office of Under the safety net arrangements, State Revenue in Queensland, to perform revenues attributable to the Commonwealth functions and powers on behalf of the applied laws are paid to the relevant State. As Commonwealth in administering the applied the seamless nature of these arrangements laws, ensures the operation of State taxing precludes the separate identification of these laws where a place ceases to be a revenues, the Commonwealth and the States Commonwealth place, validates things must agree a basis for determining the purportedly done under an applied law where appropriate proportions of revenues collected they should have been done under a State by each State which relate to the taxing law and provides the framework to Commonwealth applied laws. A bilateral ensure the effective operation of the State agreement between each State Treasurer and taxing laws together with the applied laws. In the Commonwealth Treasurer will, amongst this regard, these arrangements are intended other things, specify the basis for this to operate seamlessly for taxpayers and apportionment. revenue authorities. That is, a person's total The unique issues raised by the Allders taxation liability is intended to remain the same decision have necessitated the development under the safety net arrangements as it would of a unique and quite novel solution—a have been had the relevant State taxing law solution which balances the need to protect continued to apply in relation to the person's State revenues while minimising any impact on Commonwealth place activities. revenue authorities and the few affected Administration of the legislation is also taxpayers. The outcome we have before us intended to remain unchanged so that there today would not have been possible without a are no additional compliance or administration great deal of commitment and effort on the costs. This means, for instance, that taxpayers part of the Commonwealth and the States. I who have liabilities under the Commonwealth would therefore like to acknowledge the and State legislation will only be required to assistance of the Commonwealth in working lodge one return with the Office of State cooperatively with the States to find a Revenue and will not be required to separately pragmatic solution to the issues raised by the identify and account for the Commonwealth Allders High Court decision. I would also like to and State liabilities. Similarly, the Office of acknowledge the efforts of all State revenue State Revenue will not be required to offices in working together to develop a separately identify whether liability has arisen functional and practical framework to facilitate under the State or Commonwealth legislation, the administration of these arrangements. 25 May 1999 Charitable and Non-profit Gaming Bill 1825

Finally, this Bill delivers on the charitable and non-profit associations to Government's commitment to provide further compete with more commercial and land tax concessions. In the 1998-99 State technologically sophisticated forms of gaming. Budget, I indicated that reductions in land tax Consequently, a comprehensive review of the would need to be put on hold until the Art Unions Act was undertaken by the implications of the Commonwealth's national Queensland Office of Gaming Regulation tax reform proposals had been fully which focused on developing a new regulatory considered. The outcome of those proposals is regime within which charitable and non-profit still uncertain. Nevertheless, this Government gaming activities could be conducted, given will deliver on its commitment by increasing the the growing competitive environment. This general rebate from 5% to 15% in the 1999- review considered input from the charitable 2000 financial year, saving taxpayers and non-profit gaming industry and culminated approximately $23m in that year. I commend in the Art Unions Discussion Paper, which was the Bill to the House. released for public consultation and comment Debate, on motion of Dr Watson, in April 1998. adjourned. The industry feedback, combined with many of the original recommendations from CHARITABLE AND NON-PROFIT GAMING the discussion paper, has formed the basis of BILL the Bill I present to the House today. The Charitable and Non-Profit Gaming Bill 1999 is Hon. D. J. HAMILL (Ipswich—ALP) designed to ensure that the wide spectrum of (Treasurer) (12.46 p.m.), by leave, without associations that conduct fundraising activities notice: I move— through gaming are able to continue to "That leave be granted to bring in a conduct those gaming activities traditionally Bill for an Act to regulate gaming known as art unions in order to raise funds to conducted to raise funds for charitable meet their community obligations under their and non-profit purposes, and for related charters. purposes." The major objective of the Bill is to Motion agreed to. significantly simplify and streamline the licensing requirements for all forms of charitable and non-profit gaming activities in First Reading this State. The issuing of licences to conduct Bill and Explanatory Notes presented and games will be based on the estimated gross Bill, on motion of Mr Hamill, read a first time. proceeds for a single draw in a game or session. Licences to conduct a game will only be required for associations that estimate the Second Reading gross proceeds will be greater than $20,000 Hon. D. J. HAMILL (Ipswich—ALP) per draw or session. A licence will allow the (Treasurer) (12.47 p.m.): I move— licence holder to conduct several games and/or gaming activities in accordance with the "That the Bill be now read a second legislation during the term of the licence. This time." replaces the current situation whereby The Bill I present to the House today associations are required to reapply for establishes a legislative framework that will licences each time a different gaming scheme enable charitable and non-profit associations is to be commenced. throughout Queensland to continue to This Bill establishes a special licence for successfully raise funds through charitable the purpose of raising funds to assist persons gaming activities well into the next century. who have been affected by disaster or have The Government has recognised that the been otherwise disadvantaged. The licence will existing regulatory framework requires allow entities not normally empowered by the modifications to ensure the continued viability Bill to legally conduct a game to raise funds for of the industry. This is primarily due to growth such purposes. However, the chief executive in the participation and availability of must be satisfied of the existence of commercial gaming activities, such as gaming exceptional circumstances before granting a machines, casino gaming, lotteries and, since special licence. In addition, the Bill will ensure 1997, Statewide linked jackpot keno. the continuing integrity and probity of the The current Art Unions Act 1992 can no charitable and non-profit gaming industry longer provide the flexibility to enable through— 1826 Charitable and Non-profit Gaming Bill 25 May 1999

clear reporting and accounting It is useful to note that changes to the requirements; definition of eligible association will permit strengthened requirements for the fundraising for purposes outside Queensland, delivery of prizes; such as war refugees. However, Part 3 requires that players must be informed if the detailed investigation and enforcement proceeds are to be used outside Queensland. provisions; and Part 3 outlines who may conduct charitable and non-profit gaming. An association can concise rules of games. conduct Category 1 games. Individuals may I now turn to the provisions of the Bill. Part also conduct Category 1 games providing all 1 of the Bill establishes that the objectives are proceeds are returned as prizes. to ensure the integrity and probity of charitable All games conducted as either Category 2 and non-profit gaming activities and to ensure or Category 3 games (except for Category 3 that the public obtains reasonable net benefits games conducted by a special Category 3 from the conduct of such gaming. Part 2 licensee) are restricted to eligible associations. provides the definitions necessary to operate Any entity may conduct a Category 4 game to the Bill. In particular, the definition of a promote goods or services. This will allow, charitable and non-profit "game" is defined. amongst other things, for local authorities to This definition lists examples of the gaming offer incentives to ratepayers who pay their activities currently undertaken by Queensland's rates on time. charitable and non-profit gaming associations, namely— Part 3 also specifies the requirements for the operation of bingo centres, the printing of art unions (which include raffles, non-profit lucky envelopes and the approval of events for sweeps and non-profit bingo); Calcutta sweeps. In addition, Part 3 restricts bingo; the use of net proceeds from a Category 1, 2 or 3 charitable and non-profit game to the Calcutta sweeps; purpose for which the association was formed. lucky envelopes; and Part 4 provides for the issuing of licences by the chief executive. By simplifying and promotional games. streamlining the licensing requirements the Bill Each of these games is also defined. This Part necessitates only four licences. These are— also provides for all games regulated by the a licence to conduct a Category 3 game; Bill to be divided into four categories based on a licence to conduct a special Category 3 gross proceeds per draw or, in the case of game; bingo, gross proceeds per bingo session. Category 1 includes any game where gross a bingo centre licence; and proceeds for each draw, or each bingo a lucky envelope printer licence. session, are $2,000 or less but excludes lucky This Part specifically outlines the requirements envelopes. Category 2 includes any game for application and issue of a licence, as well where gross proceeds for each draw, or each as providing for circumstances where bingo session, are generally more than $2,000 disciplinary action may be taken for breaches and no more than $20,000. The exception is by a licensee. Such disciplinary action may lucky envelopes which fall within Category 2, but gross proceeds are limited to $5,000 or include issuing a show cause notice, censuring less. Category 3 includes any game that has the licensee, direction to rectify action taken by gross proceeds for each draw of more than the licensee, suspension or cancellation of a licence. Finally, these provisions allow for the $20,000. Category 4 games, commonly known investigation, by the chief executive, of the as trade promotions, are referred to in the Bill suitability of a person or corporation seeking to as promotional games. hold or continue to hold a licence under the Finally, this Part defines terms such as legislation. associations and eligible associations. An Part 5 details compliance requirements for association is a group of at least four persons, conducting gaming under the Act. It provides whether or not incorporated, which is formed for rules to be made by the Minister that will for a worthwhile common purpose. An eligible ensure that all charitable and non-profit games association is defined in relation to are conducted to consistently high standards associations formed for charitable, religious, of probity and integrity. These rules will also educational, patriotic, sporting and community serve to guarantee that all such gaming purposes, parents and citizens associations activities are carried out consistently, thereby and political parties. ensuring public confidence is maintained. This 25 May 1999 Industrial Relations Bill 1827 means, for example, that a person entering a INDUSTRIAL RELATIONS BILL Calcutta sweep in Mount Isa can be assured Hon. P. J. BRADDY (Kedron—ALP) that the game meets standards of a similar (Minister for Employment, Training and Calcutta sweep that may be conducted in Industrial Relations) (12.57 p.m.), by leave, Brisbane. without notice: I move— Extensive record keeping, reporting and "That leave be granted to bring in a audit requirements are also specified in this Bill for an Act relating to industrial relations Part. Again, the extent of such requirements in Queensland, and for other purposes." are linked to the category of game being conducted. The higher the gross proceeds the Motion agreed to. more rigorous the reporting standards. This Mr DEPUTY SPEAKER read a message Part also includes specific requirements from His Excellency the Governor relating to prizes, tickets, advertisements and recommending the necessary appropriation. equipment used in the conduct of gaming under the proposed legislation. First Reading The Bill provides an extensive list of Bill and Explanatory Notes presented and offences in relation to the conduct of games. Bill, on motion of Mr Braddy, read a first time. These include such actions as cheating, forgery and deception, credit betting and Sitting suspended from 12.59 p.m. to bribery. This Part also includes the harm 2.30 p.m. minimisation initiative of restricting the sale of tickets in alcohol prizes to those over 18 years. Second Reading Parts 6 and 7 provide the mechanisms for Hon. P. J. BRADDY (Kedron—ALP) enforcement of the provisions of the Bill. In (Minister for Employment, Training and particular, these Parts outline the powers of Industrial Relations) (2.30 p.m.): I move— investigation and enforcement to be given to appropriate officers within the Queensland "That the Bill be now read a second Office of Gaming Regulation, who will be time." appointed as inspectors under the legislation. The Industrial Relations Bill is one of the It also outlines legal proceedings for offences most important pieces of legislation to be against the legislation. introduced this century for the Queensland Part 8 of the Bill will enable appeals community. This Bill stands in stark contrast to against certain decisions to be heard by the the confrontationist approach adopted in the Queensland Gaming Commission. The Howard/Reith legislation which was epitomised procedures for having such an appeal heard in the Patrick's dispute where the community by the commission are also outlined. Parts 9, was shocked by the entry of balaclava-clad 10 and 11 of the Bill outline the miscellaneous goons and security dogs into the Australian and transitional provisions which are workplace in the middle of the night. considered essential for the smooth operation The Queensland Labor Government's of this legislation. Further, the Bill contains an view on industrial relations is to bring about administrative amendment to the Wagering jobs growth and enhanced economic Act 1998 to provide a simpler method for the performance. To do this, it is necessary to work calculation and payment of wagering taxation. constructively with both workers and employers The TAB agrees that the amendment is in delivering these outcomes. This constructive necessary. approach to industrial relations varies markedly This Bill is considered to be absolutely to the existing Federal and State workplace relations laws, but is an approach the essential for the continued viability of many of Queensland Government is determined to this State's charitable and non-profit associations. It has significantly reduced the pursue. At the centrepiece of these industrial amount of red tape traditionally associated relations reforms is the establishment of a with operating such fundraising activities. strong and independent umpire—the However, stringent probity and integrity Queensland Industrial Relations Commission. requirements have been maintained which, in The appointment, for the first time in 80 years, the public interest, are absolutely necessary. I of a full-time president of the Industrial commend the Bill to the House. Relations Commission highlights this Government's commitment to raising the Debate, on motion of Dr Watson, status and standing of the commission within adjourned. the Queensland community. 1828 Industrial Relations Bill 25 May 1999

The Industrial Relations Bill places covered by bargains versus those reliant increased functions and powers with the on awards; commission. These new powers will allow the ¥ Labour market segmentation is increasing commission to intervene in disputes which are and is accompanied by economic and damaging not only to the Queensland social deprivation; economy but also to those disputes that threaten to harm or disrupt local communities. ¥ The Workplace Relations Act 1997 has They will also allow the independent umpire to narrowed award coverage and has failed put a check on violent confrontations and avert to provide adequate basic protection for continual and costly recourse to the court casual and award-free employees, systems. More conciliation and arbitration, not dependent contractors and other workers further emasculation of the independent engaged in non-standard employment; umpire, is the way to bring real benefits to the ¥ The award system is becoming irrelevant Queensland community. and outdated as a consequence of the The Queensland Government does not commission being limited to awarding regard workplace standards, safety nets and minimum safety net adjustments targeted livable pay rates as merely another set of at the low paid. This is unacceptable as a commodity or production costs, nor does it significant proportion of Queensland accept the view that labour is just another cog workers remain solely reliant on the award in the wheel of production. The Beattie Labor system to set their wages and conditions; Government believes that workers have a right ¥ The range of collective bargaining to receive an equitable distribution of income arrangements available to employers and and that, in striking the right balance between employees is inadequate in meeting their these factors, greater productivity is generated specific circumstances; and, in turn, so is jobs growth. This philosophy, ¥ The bargaining process is unnecessarily coupled with the view that the industrial adversarial and parties are unable to relations system should take account of social receive assistance from the commission and economic objectives, has underpinned the when negotiations break down; and review of Queensland industrial relations legislation. ¥ The commission's powers have been severely limited, such that it has been The Queensland Government's concern paralysed in resolving significant disputes, about the impact of rampant deregulation and and it is fettered in its ability to set fair and the extent to which it should or should not be reasonable wages and conditions. continued led to the establishment of the independent tripartite Industrial Relations Task The Workplace Relations Act 1997, which Force in July 1998. The task force's terms of largely mirrors the Federal coalition reference reflected the Government's view that Government's Workplace Relations Act 1996, the industrial relations system must contribute has destabilised the industrial relations system to a strong and competitive economy, job by fostering conflict, contributing to an increase creation, fairness and equity, and consultation in inequitable wage outcomes and promoting and cooperation. The establishment of the the reduction in workers' rights. Industrial Relations Task Force allowed for the In response, the task force made many most extensive and comprehensive review of recommendations for legislative change in Queensland's industrial laws ever undertaken. order to address contemporary issues in the This provided an opportunity for the task force labour market and to provide a framework for and all those who participated in the process economic prosperity, fairness and equity. The to focus on the key issues concerning the task force recommendations have formed the changing nature of employment and work basis for the new legislation and, accordingly, today, and to reflect fully on the experience of this Bill repeals the Workplace Relations Act the 1990s under an increasingly deregulated 1997 and the Industrial Organisations Act system based on enterprise bargaining. 1997. The task force report included 166 Following extensive public consultation recommendations for change, and the and analysis of the Queensland labour market, Government has adopted 150 of those the task force found that the move to a more proposed changes in the Bill. The Government deregulated system has resulted in a number is confident that the new legislation, which takes account of both economic and social of undesirable effects, namely— goals, is the right approach and will deliver ¥ A growing gap in wages inequities positive outcomes for all Queenslanders, between males and females and those industry and the economy. 25 May 1999 Industrial Relations Bill 1829

I turn now to the key features of the Bill. well as providing the commission with an The principal object of the Bill provides a expanded role in reviewing unfair contracts coherent framework that focuses on the through broadening the circumstances under achievement of both economic prosperity and which a contract may be reviewed. The objects social justice for all Queenslanders. The new of the Bill have been amended to reflect these industrial relations legislation will be structured changes, in particular by requiring the around the following key objects— legislation to recognise and meet the needs of ¥ The importance of an effective and emerging labour markets and work patterns. efficient economy, characterised by strong The Bill then prescribes at Chapter 1 economic growth, high employment, general employment conditions which have employment security and improved living been extended to cover all Queensland standards; workers responding to this growth in non- ¥ Providing enhanced powers for the standard employment. Specifically, the Bill resolution of industrial disputes and an includes— increased role for the commission where ¥ A set of minimum employment negotiations for agreements break down; entitlements to annual leave, sick leave, ¥ Promoting and facilitating jobs growth; public holidays, family leave, carer's leave, bereavement leave and long service ¥ Promoting and facilitating the regulation leave for all employees, including those of employment by awards and not covered by awards and agreements; agreements; ¥ Four weeks' annual leave, or five weeks ¥ Meeting the needs of emerging labour for continuous shift workers; markets and work patterns and balancing work and family life; and ¥ At least eight days' sick leave per year; ¥ Ensuring wages and employment ¥ 13 weeks' long service leave after 15 conditions provide fair standards reflected years' service, with employees able to in the community. access further leave on a pro rata basis after another five years' service; Since the early 1900s, industrial relations legislation has typically regulated standard ¥ Equal pay orders for male and female types of working arrangements. Over the last employees performing work of equal or 10 to 15 years, these working arrangements comparable value; have substantially altered. In 1999, it has been ¥ The protection of employee entitlements reported that only 37% of the work force is such as annual leave, sick leave, long employed in a typical 9 to 5, Monday to Friday service leave, family leave and protection job. These changes are also reflected of the employee's continuity of service for through— dismissal and notice requirements when a ¥ the increase in female employment within business changes hands; the labour market; ¥ All employees who would ordinarily work ¥ the development of new and emerging on a public holiday are entitled to industries; payment for that day; and ¥ higher levels of casualisation and the ¥ The commission has been given the growth in other forms of non-standard capacity to make rulings for a minimum work; wage to apply to award and non-award employees. ¥ increased levels of work intensification; and To ensure that these general employment conditions remain relevant to community ¥ the need for workers to balance work and standards, the Queensland Industrial Relations family life. Commission may review a condition on In particular, the growth in casual and application by the Minister, an organisation or part-time work, contract work, seasonal and a State peak council to provide a more out work has meant it is timely to examine the favourable condition if considered appropriate. assumptions on which we base the regulation A specific provision has been included in the of employment. The Government has sought Bill to provide that the Industrial Commission to respond to these changes on a range of must review the long service leave standard fronts through extending general conditions of before 30 June 2000, reflecting the task force employment to all Queensland workers; recommendation that improvements to the providing non-standard workers with access to long service leave standard should be the general conditions under the legislation; as subject of a review by the commission. 1830 Industrial Relations Bill 25 May 1999

A further consequence of the growth in All Queensland workers will be non-standard types of employment has been guaranteed for the first time access to carer's the unparalleled growth in dependent leave. An employee will be able to access up contractors and workers engaged under to five days of paid sick leave and, where an contract for services in traditional award employer and employee agree, to take unpaid regulated areas, evidenced in industries such carer's leave to provide care and support for as cleaning, security and building and members of the employee's immediate family construction, and in particular regional areas of or members of the employee's household Queensland. The Bill provides important when they are ill. In addition, the Bill extends protections for these types of workers. People unpaid maternity leave to long-term casual who work as outworkers, for example, in the employees, affording casuals who are clothing industry are also to be covered under engaged by a particular employer on a regular the legislation. and systematic basis over two years the right In addition, new protections have been to access unpaid leave. introduced in the Bill which give the Industrial Long-term casual employees' access to Relations Commission the capacity to conduct unpaid maternity leave places Queensland at an inquiry and the power to declare contract the forefront of industrial reform. This reform workers to be employees for the purposes of represents an important and progressive the Act. This will enable contract workers response to the changing nature of the work access to general conditions of employment in force and the labour market, in particular the legislation, as well as giving them the through addressing the growth in the numbers ability to be covered by awards or agreements. of working women who are employed on a In considering these matters, specific criteria casual basis. which the commission will be required to take into account include— Working time arrangements is the other major area of general employment conditions ¥ the relative bargaining power of the class which was the subject of review by the of persons; or Industrial Relations Task Force. The task force ¥ the economic dependency of the class of recommended that the hours of work of both persons on the contract; or award and non-award employees be ¥ the particular circumstances and needs of regulated. low paid employees; or On consideration of the task force ¥ whether the contract is designed to, or recommendation, the Government has does, avoid the provisions of an industrial decided not to introduce regulation of working instrument; or time into the non-award area of employment. ¥ the particular circumstances and needs of The existing provisions which apply in the employees including women, persons current legislation will be continued for from a non-English speaking background, employees covered by an award or young persons and outworkers. agreement. However, in light of the changes which have occurred in the labour market, the In addition, the Bill enhances the powers Government believes that working time of the Industrial Relations Commission to arrangements need to be reviewed. This is review a contract where the employment consistent with the task force recommendation conditions contained in the contract are that the Government commences, as soon as considered to be unfair. possible, research into the changes in working Another principal object of the Bill assists time arrangements and standards in the work workers to balance work and family life. The force and examines the impact on work, increasing proportion of women in employment employment, health and safety and the has raised issues for employees generally balance between work and life. about the balance between work and family life. In 1996, 94% of fathers and 63% of Dismissal Legislation mothers in two-parent families with dependent There has been substantial debate about children were in the labour force. Around half the extent to which dismissal laws should apply of the single parents with dependent children when an employee is first employed by a were in the labour force. The increased business. The Government accepts that, when participation of women in the labour market an employee first commences employment and the increasing numbers of working parents with an employer, there is a right to trial the in the work force over the last 10 to 15 years employment relationship, and that an has led to conditions such as parental and employer should be given time to assess carer's leave becoming accepted as whether an employee is suitable for the community standards. particular job. However, the Government does 25 May 1999 Industrial Relations Bill 1831 not accept that an arbitrary cut off for access Relations Task Force report found that in rural to dismissal legislation, based on the size of a and regional Queensland more than 50% of business, is fair or equitable to either employees are reliant on the award system employers or employees. and that many low wage workplaces continue In addition, the Government considers the to rely on awards, while only 1.6% of small current small business exemption from businesses have made agreements. dismissal legislation to be harsh. It imposes an The report also found that a growing unreasonably long period to trial an inequality in wages has developed between employment relationship on the vast majority employees who are reliant solely on wages of employees. To this end, Government has and those who are involved in enterprise developed a package of reforms to the bargaining. For instance, workers who rely on dismissal legislation which seeks to introduce award adjustments for wage increases have fairness and balance for both employers and received wage increases of 10% since January employees, regardless of the size of the 1992, while workers covered by collective business. agreements have had wage increases of up to The Bill introduces a mandatory three 15 to 20% above the award rates of pay month probationary period for all employees during the same period. In Queensland this where an employee cannot access a remedy has meant that workers who are employed by for a harsh, unjust or unreasonable dismissal. small business and in rural and regional areas This three-month period automatically applies who depend on awards have not fared well at the commencement of employment but an when compared with other workers employed employer and employee may agree in writing in urban areas and, particularly, in the public to a lesser period than three months. As well, sector who have been covered by enterprise a longer probationary period can be agreements. determined before the commencement of These developments provide the context employment, but it must be a reasonable within which legislative support for a relevant period of time which takes account of the and up-to-date award system and general nature and circumstances of the work. standards of employment must occur. Such a However, an employee can not be dismissed move will provide enhanced social cohesion, a for an invalid reason such as discrimination. decent standard of living for all workers and For example, it is unlawful for an employer to community commitment to change where all dismiss an employee from the first day of their can benefit. Without intervention in this system employment in a business because they are as proposed in the Bill, the wage gap will pregnant or a union member. continue to widen. This has the potential to Under the new laws the commission will segment the labour market and lead to the be required to deal with applications seeking a development of a new working poor, which remedy for an unfair dismissal as quickly as may undermine social cohesion in the possible. The Bill will also provide greater Queensland community. checks and balances in order to ensure that The Bill also removes the current only legitimate applications are dealt with by legislative restrictions which establish the commission, and that there is a new agreements as the primary vehicle for wage emphasis placed on ensuring that where a movements and creates a real choice between dismissal is found to be harsh, unjust or awards and a range of agreements to suit unreasonable or invalid, that the employee is particular industries and workplaces, employers reinstated in their former position rather than and employees. being paid compensation in lieu. On The task force recommended that the enactment of the Bill, the Government is important role of awards be restored and committed to providing resources by way of strengthened, and this is reflected in the Bill information and awareness for employers, in which provides that— particular to small businesses, on their rights ¥ the role of the commission is and obligations under the new dismissal laws. strengthened and enhanced in the Awards making and varying of awards to provide Under the coalition's Workplace Relations for secure, relevant and consistent wages Act, the award system has become outdated and employment conditions, and to and irrelevant. This is an unacceptable and provide for fair standards for employees in untenable situation where over 400,000 the context of living standards generally workers in Queensland remain solely reliant on prevailing in the community; State awards to regulate their wages and ¥ awards will no longer be a mere safety net conditions of employment. The Industrial of wages and conditions; 1832 Industrial Relations Bill 25 May 1999

¥ the commission must also ensure wages agreement. Such an order will prevail over the and conditions are suited to the efficient terms of an award or agreement. Similarly, the performance of work according to the commission may make an order fixing wages needs of particular industries, enterprises and employment conditions for employees or workplaces; who participate in a labour market program on ¥ the commission is required to review application by the Minister or the State awards regularly, at least every three Training Council. years. In order to encourage this, the Agreements parties are able to make application during the review process for the varying The task force noted that the current of wages and employment conditions; arrangements under the Workplace Relations and Act for agreement making were restrictive and difficult to obtain, particularly for agreements ¥ that as soon as practicable, a review of involving more than one employer, including Queensland awards is undertaken to those for major projects. This is due to the remove discriminatory provisions. underlying philosophy in the current legislation In terms of the interaction between that the workplace should be the core or awards and agreements, the Bill makes it clear centre of all bargaining. The task force agreed that the commission is empowered to include that there should be greater choices in the terms of a certified agreement in an award agreement making for the parties and, where the commission determines this is therefore, recommended to the Government consistent with full bench wage principles and that agreements be able to be made for single it is in the public interest to do so. The current businesses or enterprises, for projects, for provisions, which allow for junior wage rates in multiple employers and for greenfield sites. awards based on age and experience, are Employer groups were also critical of the retained. In accordance with the task force current legislation for restricting the type and recommendation, the Government has method of making agreements. determined that the issue of junior rates will be Accordingly, the Bill provides for a range reviewed once the outcome of the inquiry by of agreements— the Australian Industrial Relations Commission into this matter has been determined. ¥ single employer agreements; Apprentices, Trainees and Labour Market ¥ multi-employer agreements; Programs ¥ projects or proposed projects agreements; Apprenticeships, traineeships and labour and market programs are key components in the ¥ new business agreements. Government's strategy to promote jobs growth, skills acquisition and vocational training. Single employer agreements may be made Supportive industrial relations arrangements with either unions or employees directly. form a vital and complementary part of this The Bill removes the current restrictions strategy, which is reflected through the on the making of multiple business principal object of the Bill. agreements, namely, the existing requirement The Bill reflects the task force that such agreements must be certified by a recommendation that the determination of full bench and must be in the public interest. In wages and conditions for apprentices and accordance with the task force trainees come under the aegis of the industrial recommendation, the Bill allows for multi- relations legislation. As such, the key employer agreements to be made. A multi- provisions, which regulated the industrial employer means two or more associated conditions for apprentices and trainees as employers, whether or not they are related contained in the Vocational Education Training corporations, are engaged in a joint venture or and Employment Act 1991, have been common enterprise, or undertake similar work. transferred to the Industrial Relations Bill. The In the case of a proposed multi-employer Bill provides that a trainee or an apprentice is agreement, all those parties who intend to entitled to the same employment conditions as bargain together must sign a document those fixed by the award or agreement which indicating their intention to be part of such a applies to employees in the workplace where negotiation. This allows all parties who wish to the trainee or apprentice is employed. In be involved to be genuinely involved in the addition, the commission may also make negotiations from the outset. It also clarifies orders setting minimum wages and conditions the negotiation process by indicating the for apprentices and trainees whether or not scope of the multi-employer agreement being they are employed under an award or proposed. The Bill also prescribes that a multi- 25 May 1999 Industrial Relations Bill 1833 employer agreement cannot be made for a business agreement cannot be made to cover new business. the construction of the new workplace. In the Project agreements have proved Bill, "construction" is defined as building and successful in other jurisdictions in ensuring that construction, civil and engineering construction major construction work is undertaken within or demolition work. This definition is to have project time lines and with minimal industrial the meaning assigned to the term in the disputation or disruption. An example of this Building and Construction Industry (Portable included the arrangements entered into under Long Service Leave) Act 1991. A new the New South Wales industrial relations business agreement must be made before the legislation for the Olympic site. employment of any persons in the new business at the new workplace whose Under the Bill, a project agreement may employment is to be subject to the agreement be entered into before the commencement of and be made with one or more employee the project between an employer or employer organisations entitled to represent the organisation and all relevant employee industrial interests of the persons. organisations who wish to be a party to the Agreement Making agreement. The project agreement will be able to operate for the life of the project and will A new and significant feature of the Bill is operate to the exclusion of all other the introduction of a 21-day peace obligation agreements during its period of operation. period. During this period, unions, employees Where a project agreement is proposed to be and employers will be required to participate in made, all relevant employee organisations genuine bargaining to achieve a workplace must be given the opportunity to participate in agreement. Importantly, the parties will not be negotiations for the agreement and become a able to participate in protected industrial action party if they elect to do so. Negotiations with until the expiry of this peaceful period. Under the employer will take place through a single the current legislation, the bargaining period bargaining unit of all those organisations who formally begins one week after one of the indicated they wished to participate in parties gives notice of their intention to bargain bargaining. for an agreement. During this bargaining period, industrial action which is taken by These changes represent a significant employers and employees is protected. In improvement to the current arrangements for considering these issues, the task force took agreements, particularly as to how they the view that this system has placed undue operate on major projects in Queensland. First, emphasis on the confrontational aspects of they avoid the need to renegotiate the bargaining process. agreements mid term during a project by extending the time in which the agreement This system has been primarily based on may operate. Second, they can be entered the United States system where bargaining at into with an employer organisation prior to the the enterprise level has often led to long and commencement of the project, which will then protracted disputation. Recent long and subsequently bind all employers or contractors protracted disputes in the coalmining industry who would operate on the project. Third, the and manufacturing establishments suggest agreement will operate to the exclusion of any that such a system of industrial relations might other agreement, which may otherwise bind a be beginning to take hold in part of Australian contractor, removing the conflict and confusion industry. The task force expressed concern at as to which employment conditions will apply these developments and advocated the need on the project. Finally, it should remove the to make changes to the enterprise bargaining potential for industrial disputation by ensuring system. These changes are aimed at placing a that all employee organisations who would greater emphasis on the processes of otherwise have the right to represent negotiation, mediation and conciliation rather employees on the project will be able to be a than the taking of protected industrial action. party to the agreement and participate within In addition to the 21-day peace obligation its framework. period, the Bill reflects a number of these recommendations which include— The Bill makes provision for a new business agreement. A new business ¥ following the expiry of the peace agreement may be made to cover the ongoing obligation period and evidence of operation of a single business once it is attempts to negotiate an agreement, one established, that an employer is either or more of the parties may declare to the proposing to establish at a new workplace, is commission a breakdown in negotiations; establishing at a new workplace, or is ¥ parties are required to negotiate in good relocating to a new workplace. However, a new faith and the commission may issue 1834 Industrial Relations Bill 25 May 1999

bargaining in good faith orders during the intervene in industrial disputes before they conciliation period; become protracted or have the potential to ¥ following such a declaration, based on the damage local communities, workplaces or evidence of attempts to negotiate an employees. agreement, the commission will provide Certifying Agreements assistance to the parties through The Bill provides that relevant employee mediation and conciliation; organisations have a right to be heard in ¥ the commission can only arbitrate once it commission proceedings to certify an has declared conciliation unsuccessful agreement. This accords with the task force and in the circumstances of— recommendation that unions with coverage of I where industrial action has been relevant callings should be able to intervene. protracted; or Agreements must pass the no-disadvantage test as a requirement of certification. The Bill II where industrial action is prescribes a new no-disadvantage test where threatening or has caused employment conditions contained in an significant damage to the agreement are assessed against an award or economy or to a local an entitlement under the Act. community, to a single enterprise or to employees, for Role of the Queensland Industrial Relations instance where employees are Commission locked out by an employer; or The Industrial Relations Bill ensures that III where the commission considers the Queensland Industrial Relations it is not likely that further Commission operates as a strong and conciliation will result in the independent umpire. Submissions received matter being settled within a during the review of the legislation identified reasonable time considering, that many parties wish to avoid drawn out and among other things, the history protracted disputes and have recourse to a of industrial relations in the strong, independent umpire—the enterprise or industry to which commission—when negotiations break down. the proposed agreement is to Submissions also recommended that the relate; or commission have a stronger role in award making to ensure fair and reasonable wages IV where there is no likelihood of and conditions. Consequently, under the resolution and agreement; or proposed changes, the commission will be where all the parties so request; restructured and its role broadened. There will and be a faster, more responsive approach to ¥ immunity from civil liability from industrial industrial disputation and greater access to action—protected action—applies to conciliation and arbitration. bargaining negotiations once the peace Importantly, the proposed changes put obligation period has expired. negotiation, not confrontation, at the forefront The Bill enshrines the importance of the of relations between employers and Industrial Commission by requiring the employees and arbitration will only occur where development of principles for the arbitration of negotiations break down and conciliation has agreements. Once these principles are been unsuccessful. In addition, the established, the commission will be required to introduction of the "peace obligation period" take account of them in exercising their powers with respect to agreement making also places under these provisions. a greater emphasis on negotiating, rather than The process of agreement making I have the current legislative focus on conflict and just outlined provides for a sensible, staged protected industrial action. approach to bargaining that will provide As part of the Government's commitment welcome relief to both employers and to a strong commission, it is proposed to employees from the confusion and appoint, for the first time, a full-time president confrontation fostered by the previous of the Industrial Court and the commission. legislation. It encourages negotiation between The appointment of a full-time president will parties, at the same time as ensuring that improve the operation and administration of parties may seek the assistance of the the court and commission. The appointee will Industrial Commission through conciliation sit on full benches and all appeals, and must and, where necessary, arbitration. It protects possess both legal qualifications and industrial the interests of the Queensland community by relations experience. This addresses concerns ensuring that the commission is able to expressed in submissions regarding the 25 May 1999 Industrial Relations Bill 1835 existing part-time appointment and its impact injunctions, or make other orders it on the efficacy of the appeals system. considers appropriate to resolve the The Bill also provides for a vice-president, matter. at least six other commissioners and a ¥ Conciliation, arbitration and approval commissioner administrator. The commissioner of agreements administrator may be either the vice-president During the negotiation phase, but or one of the other commissioners. The vice- following the conclusion of the peace president, the commissioner administrator and obligation period, the commission may the other commissioners must possess high- use conciliation to reach agreement by level experience in business, industry, assisting the parties to develop and employer associations, a State peak council, consider options. The commission may unions or Government agencies. In addition, order the parties to negotiate in good the vice-president must have legal faith. Where the conciliation process is qualifications and be able to act as president unsuccessful, or if requested by the in the absence of the president. parties, the commission can resort to The Bill introduces a new position termed arbitration. the commissioner administrator. The The commission must not certify an commissioner administrator is responsible to agreement unless certain conditions are the president for the administration of the met, including— commission and the orderly and expeditious exercise of the commission's jurisdiction and - a valid majority of employees powers. The commissioner administrator has approved the agreement; and the power to do all things necessary or - the agreement passes the no- convenient to be done to perform these disadvantage test. responsibilities under the Act. It is intended that this new position of commissioner The commission must approve a administrator will operate in a similar manner to Queensland workplace agreement if the Senior Judge Administrator of the satisfied that it passes the no- Supreme Court of Queensland. disadvantage test and is not contrary to the public interest. Consideration of the Further proposed enhancements to the public interest may include— role of the commission include— - the relative bargaining power of the ¥ Resolving industrial disputes parties; The commission can take - the particular circumstances and appropriate measures to prevent or needs of low-paid workers; promptly settle a dispute. This includes taking action following official notification - any likely increases in award wages of a dispute or in the public interest. during the life of a Queensland workplace agreements; and In the first instance, the commission will always attempt to resolve disputes - anything else the commission through conciliation. Where this fails and considers relevant to the Queensland the parties are unlikely to resolve the workplace agreements. dispute, the commission will arbitrate the For both certified agreements and matter. Queensland workplace agreements the If the industrial action relates to the commission must be satisfied that the negotiation of an agreement, the terms of the agreement are explained in commission may order that the parties appropriate ways to groups with particular negotiate in good faith and can arbitrate circumstances and needs (e.g. women, where it is aware that the dispute has people from non-English speaking caused or is threatening to cause backgrounds, young people and people damage to the economy or local with limited literacy and numeracy skills). community, or single enterprise, or ¥ Making and reviewing awards threatens to endanger the personal The commission must review awards health of employees, safety or community at least every three years and must welfare. ensure they— In arbitrating agreements or disputes, - are non-discriminatory; the commission can give directions about the industrial action, or order that - are in plain English and are easy to industrial action is not protected, grant understand; 1836 Industrial Relations Bill 25 May 1999

- do not contain obsolete provisions; magistrate where the president considers - provide secure, relevant and that the matter would be better dealt with consistent wages and conditions; by a Magistrates Court having regard to the difficulty or expense of producing - provide fair living standards; witnesses by parties or to the cost of the - contain provisions that facilitate proceedings having regard to, for agreement making at the workplace example, the distance of the matter, the or enterprise level; amount in question and whether the - are suited to the particular industry or applicant is better able to deal with the workplace; matter before the commission in a less legalistic manner. - take account of economic issues, including productivity, inflation and ¥ General rulings employment levels; and To avoid duplication, a full bench of - contain dispute resolution the commission may make a general procedures. ruling relating to— ¥ Appeal Mechanisms - industrial matters; or The appeal process is simplified and - general conditions of employment involves— prescribed under the Act; or - appeals against a decision of a - minimum wages for employees single commissioner, industrial whether or not they are covered by magistrate or registrar on the ground an industrial instrument. of error of law, excess or want of ¥ Representation Rights jurisdiction are heard by the Under the current legislation, lawyers president; are only able to appear before the - appeals on law and merit, or merit commission by consent of all parties, or only, from the decision of a single by leave of the commission in matters commissioner are heard by the full relating to unfair contracts or rules of bench comprised of the president organisations. This present restriction on and two other commissioners, one of legal representation in the commission whom may be the vice-president; has resulted in some legal practitioners - an appeal from a full bench on which developing artificial arrangements the president sits (which is not a full designed to circumvent the legislation so bench hearing an appeal), may be as to allow their clients to be adequately made to the Court of Appeal on represented. These arrangements grounds of error of law; include— - appeals from a full bench constituted ¥ legally trained and in some cases without the president may be made very experienced law clerks to the Industrial Court on error of law purposefully not being admitted as or excess of jurisdiction; and solicitors; - the full Industrial Court has been ¥ lawyers being appointed to the board abolished with its powers assumed of companies so they can appear as by the full bench comprised of the a director of the company in the president and two commissioners, commission proceedings; and one of whom may be the vice- ¥ parties entering into contracts with a president. corporation offering industrial ¥ Dealing with claims for wages and advocacy services who in turn occupational superannuation appoint a practising lawyer as a director of the corporation so as to The commission is given the power allow the lawyer to appear as a to deal with applications for recovery of director, rather than a lawyer. wages and occupational superannuation for amounts not exceeding $20,000. In In addition, legally qualified people or proceedings for the recovery of wages, people who are undertaking law the commission is not bound by courses are currently employed by a technicalities, legal forms or rules of number of unions and employer evidence. In addition, before the start of a associations. hearing or in certain circumstances, the The restriction on legal president may remit a matter to a representation is often the source of 25 May 1999 Industrial Relations Bill 1837

delay and frustration. Valuable continues to have a role in resolving union commission time is taken up with demarcation disputes in legitimate interpreting the legislation and circumstances through the making of applying it to these artificial orders. arrangements. Before making an order, there is a The present prohibition is as a requirement that there is a real consequence considered by the demarcation dispute found to be in commission to be an impediment to existence. In such circumstances, the the orderly conduct and expeditious commission is required to conciliate in the nature of the conduct of first instance to attempt to resolve the proceedings. matter. Only then and if satisfied that the As a consequence, the Bill provides matter is preventing, obstructing or for lawyers to appear by consent or restricting the performance of work is the by leave of the commission. After commission able to consider whether to discussions with parties, the Bill now make an order or not. clarifies the circumstances under In making such an order, the commission which the commission can grant is required to take into account a number leave— of factors including, importantly, the - on application by a party, the wishes of employees who would be commission is satisfied having affected by the order, the effect of the regard to the matter the order on the operations of the employer, proceedings relate to, there are and also the ability of the organisation to special circumstances that make adequately represent the employee's it desirable for the party to be interests. represented; or Union and Employee Rights - on application by a party, the The Bill provides for the removal of current commission is satisfied the party restrictions on the right of a union to enter a can be adequately represented workplace. A union will be required to give by a lawyer. notice to an employer on entering the In considering whether to grant leave, the workplace. The Bill clarifies the purposes for commission may consider the following— which a union may enter a workplace. In - the amount claimed, if any; particular, an authorised officer of a union may - the nature and complexity of the discuss matters under the legislation with the matter; employer, a member or an employee who is eligible to be a member. The officer may also - the cross-examination likely to be discuss any other matter during non-working required; time. - the capacity of the parties to represent themselves; The Bill removes the current prohibition on strike pay. Instead, the Bill adopts the task - the questions of law likely to arise; force recommendation that an employer may and or may not pay an employee for a period when - whether the duration or cost of the the employee engages in a strike. proceedings will be decreased or The Bill maintains a provision for an increased if the parties are employee to refuse to perform work if that represented. refusal is based upon a reasonable concern by These matters have been considered in a employees about an imminent risk to their New South Wales Supreme Court health or safety. decision Commissioner of Main Roads v Leighton Contractors Pty Ltd (1986) NSW Freedom of association provisions, Judgements Bulletin 148 per Smart J]. permitting persons to join or not join industrial organisations of their own choice, will continue The legal representation provisions of the in the legislation in a simplified form. The Bill makes relevant for today's commission jurisdiction to hear freedom of association the role of lawyers, but does not give matters has been transferred from the unfettered access by lawyers to the Industrial Court to the Industrial Relations commission. Commission in order to reduce the previous ¥ Union Representation Rights litigious approach to these issues. Consistent with the task force The Bill permits the inclusion of clauses in recommendation, the commission awards or agreements that encourage, but do 1838 Financial Sector Reform (Queensland) Bill 25 May 1999 not coerce, membership of industrial Intermediaries Act 1996 and certain other organisations. Acts, and for other purposes." Public Service Issues Motion agreed to. The Bill includes provisions which amend the Public Service Act 1996. These provisions First Reading reflect the task force view that public sector employment conditions be determined in the Bill and Explanatory Notes presented and industrial relations jurisdiction wherever Bill, on motion of Mr Hamill, read a first time. possible. Consequently, the Bill provides that the statutory precedence that Public Service Second Reading directives have over awards be largely Hon. D. J. HAMILL (Ipswich—ALP) reversed. (Treasurer) (3.17 p.m.): I move— Conclusion "That the Bill be now read a second In conclusion, the Industrial Relations Bill time." is new legislation which will take Queensland The purpose of this Bill is to facilitate the into the next century. The Bill is based strongly transfer of regulatory responsibility from on the results of a comprehensive process of Queensland to the Commonwealth of building consultation and review, headed by an societies, credit unions, friendly societies and independent task force. This process has the Cairns Co-operative Weekly Penny provided an invaluable picture of contemporary Savings Bank and to repeal laws regarding the circumstances in the labour market and uniform State-based scheme for prudential offered some critical insights into the problems supervision of financial institutions. The that have emerged under a deregulated Commonwealth, States and Territories have industrial relations framework in recent years. agreed to several reforms to the Australian Particular areas of concern include the Financial System. These include— conflict and protracted disputation that has that building societies, credit unions and occurred in the absence of a strong role for the the Cairns Co-operative Weekly Penny independent umpire—the Industrial Relations Savings Bank be treated on an equal Commission. What Queenslanders need is a footing with banks and that prudential new way forward that addresses significant regulation of all deposit-taking institutions economic and social issues in the labour be consistent with internationally market—a fair and balanced system that recognised standards; recognises the need for the industrial relations framework to respond to both social and that access to electronic settlement economic imperatives. The Industrial Relations accounts with the Reserve Bank be Bill before the Parliament today provides for liberalised; and such a system. Taken as a whole, it provides a that friendly societies offering life clear, coherent and principled way forward that insurance-type products be supervised in will deliver fair outcomes for employers and the same manner as life insurance employees and support the continued companies under the Life Insurance Act economic and social development of the 1995. Queensland community. I commend the Bill to To this end, the Commonwealth the House. Government, in consultation with the States, Debate, on motion of Mr Santoro, has developed a two-stage reform agenda. adjourned The first stage introduced a new organisational framework for the regulation of the financial system from 1 July 1998 and in particular— FINANCIAL SECTOR REFORM established an independent financial (QUEENSLAND) BILL regulator, the Australian Prudential Hon. D. J. HAMILL (Ipswich—ALP) Regulation Authority—APRA. APRA is (Treasurer) (3.16 p.m.), by leave, without separate from the Reserve Bank and will notice: I move— supervise all financial institutions including "That leave be granted to bring in a banks, insurance companies, building Bill for an Act to make provision for the societies, credit unions, superannuation reform of the financial sector, to repeal and the life insurance business of friendly certain Acts and to amend the Family societies; and Security Friendly Society (Distribution of established a single agency, the Moneys) Act 1991, Financial Australian Securities and Investments 25 May 1999 Superannuation (State Public Sector) Amendment Bill 1839

Commission—ASIC—to provide SUPERANNUATION (STATE PUBLIC Commonwealth regulation of SECTOR) AMENDMENT BILL corporations, financial market integrity and Hon. D. J. HAMILL (Ipswich—ALP) consumer protection in the financial (Treasurer) (3.20 p.m.), by leave, without system. These functions were previously notice: I move— performed by the Australian Securities Commission, the Insurance and "That leave be granted to bring in a Superannuation Commission and the Bill for an Act to amend the Australian Payments Systems Council. Superannuation (State Public Sector) Act 1990." The Reserve Bank continues to be responsible for monetary policy, systemic stability and Motion agreed to. payments system regulation. These three organisations are accountable for their First Reading performance to the Federal Treasurer and the Commonwealth Parliament. Bill and Explanatory Notes presented and Bill, on motion of Mr Hamill, read a first time. The States and Territories have agreed to transfer to the Commonwealth responsibility for the regulation of certain financial institutions. Second Reading The proposed reforms will allow building societies and credit unions to better compete Hon. D. J. HAMILL (Ipswich—ALP) with banks and to more easily operate outside (Treasurer) (3.21 p.m.): I move— their existing State and Territory boundaries, "That the Bill be now read a second thereby providing consumers with a greater time." selection of financial service providers and a The purpose of the Bill is to amend the greater selection of financial products. Superannuation (State Public Sector) Act 1990 However, before the Commonwealth to provide for the acceptance of legislation can take effect, each State and superannuation contributions on behalf of Territory must introduce and pass spouses of members of the State Public complementary legislation that will facilitate the Sector Superannuation Scheme, or QSuper. transfer, wind up the current State-based The Commonwealth Government introduced supervisory scheme and amend references to from 1 July 1997 the ability of superannuants these financial organisations in other State to contribute to superannuation funds on statutes to reflect the new arrangements. behalf of spouses. The introduction of this These reforms will also provide a single industry-wide initiative extends superannuation regulatory framework for life insurance coverage beyond the realms of the work force companies and friendly societies that will and allows individuals, such as non-working increase contestability of life insurance spouses, who were previously unable to products. accrue superannuation, to have funds set Across Australia approximately 20 building aside for retirement. As part of the new societies, 237 credit unions and 85 friendly initiative, some individuals who contribute to a societies will be involved in the transfer. On the superannuation fund for a spouse will be transfer date these entities will be deemed to entitled to an income tax rebate if their spouse be registered, under the Corporations Law, as is not working or on a low income. a company type that most closely fits their This Bill will enable members of the current structure, unless they elect to be QSuper Fund to make contributions to the registered in a different category prior to fund on behalf of a spouse in a manner transfer. Following the transfer entities will have consistent with Commonwealth Government a transitional period of 18 months to make the policy. Where QSuper members make necessary changes to their rules to recognise contributions on behalf of their spouse they their new status as a company. These may also be eligible for the Commonwealth proposals represent the next step along the Government tax rebate. Enabling spouses of path of financial sector transformation in QSuper members to join the fund will not Australia and will provide a single regulatory impose an additional cost on the Queensland regime for deposit-taking institutions, life and Government and is consistent with general insurance and superannuation. I opportunities available in the work force commend the Bill to the House generally. I commend the Bill to the House. Debate, on motion of Dr Watson, Debate, on motion of Dr Watson, adjourned. adjourned. 1840 Primary Industries Legislation Amendment Bill 25 May 1999

PRIMARY INDUSTRIES LEGISLATION misleading representations about stock". AMENDMENT BILL However, certain superfluous words were Hon. H. PALASZCZUK (Inala—ALP) inadvertently inserted into section 14A(1) and it (Minister for Primary Industries) (3.23 p.m.), by is proposed to delete them. leave, without notice: I move— Chicken Meat Industry Committee Act 1976 "That leave be granted to bring in a Bill for an Act to amend legislation about Agreement has been reached with primary industries." representatives of the two industry sectors, namely growers and processors, in regard to Motion agreed to. an acceptable outcome of a recent review of the Act for the purposes of the National First Reading Competition Policy—NCP. Essentially, this Bill and Explanatory Notes presented and involves the retention of a legislative Bill, on motion of Mr Palaszczuk, read a first arrangement, central to which is the ability of time. growers to undertake negotiations directly, both collectively and independently, with individual processors, and to be able to Second Reading negotiate actual contract conditions based on Hon. H. PALASZCZUK (Inala—ALP) content guidelines provided by the Chicken (Minister for Primary Industries) (3.24 p.m.): I Meat Industry Committee. There will also be a move— clear dispute resolution process. "That the Bill be now read a second In the absence of an exemption, conduct time." under the Act by the committee and by The objective of this Bill is to amend a growers and processors may contravene some number of primary industry statutes, and more aspects of the Commonwealth's Trade specifically to— Practices Act 1974, or TPA. Exemption from (a) remove spent or dormant legislative the provisions of the TPA is currently granted, provisions; on a temporary basis, by a regulation that expires on 30 June 1999. An explicit TPA (b) implement the agreed outcomes of a exemption that authorises the conduct in number of legislative reviews; question is to now be inserted into the Chicken (c) implement an agreed national docketing Meat Industry Committee Act to provide and monitoring arrangement in the fishing continued exemption from the provisions of industry; the TPA. (d) retrospectively validate certain arrangements in place under a fruit A further amendment, requested by both industry levy regulation; grower and processor representatives on the committee, changes the role of the (e) overcome deficiencies and clarify the chairperson of the committee. The chairperson process of appeals to the Meat Industry is no longer to have a voting role on matters to Tribunal; be decided by the committee but will have an (f) allow greater flexibility in the internal enhanced role in reporting to the Minister on structure of the statutory producer the operations of the committee, together with representative bodies in the cane and fruit a role in administering the new dispute and vegetable industries; resolution provisions. (g) correct a minor error in an Act; and City of Brisbane Market Act 1960, or the (h) first amend, and then provide for a two- market Act stage repeal of the City of Brisbane Market Act 1960 as a consequence of the This statute is to be amended in the first corporatisation of the Brisbane Market instance and later repealed to facilitate the Authority. corporatisation of the Brisbane Market In all, this Bill amends eight pieces of Authority, or BMA. As agreed by the legislation within the Primary Industries Queensland Government in October 1998, the portfolio, and I will deal with each of these in authority is to be corporatised as a turn in the order in which they appear in the Government owned corporation, or GOC, Bill. under the provisions of the Government Owned Corporations Act 1993, or the GOC Agricultural Standards Act 1994. Act. This will occur on, or soon after, 1 July Amendments to this Act last year included 1999 when the BMA will be renamed as the a new section 14A which dealt with "false or Brisbane Market Corporation—BMC. 25 May 1999 Primary Industries Legislation Amendment Bill 1841

The BMC is to be a "company GOC", (d) accept source documentation from any under the GOC Act as the necessary jurisdiction. processes and procedures for incorporation NDS requirements for the majority of fish are currently available. To facilitate this, the species are already accommodated by existing market Act is to be repealed in order to avoid Queensland fisheries. However, to extend NDS duplication or inconsistency with the GOC Act. coverage to certain high risk species, For technical reasons, this will be done in two amendments to the Fisheries Act are required. stages. However, an amendment to the Act is The high risk species which are those that are: first necessary to allow some of the by-laws of (a) of high commercial value and high the BMA which deal with the orderly conduct of conservation status; and the market to be written into the lease (b) significantly at risk through illegal arrangements between the BMC and its harvesting that is likely to result in either wholesaler-tenants. stock depletion or the undermining of Fisheries Act 1994 legitimate markets or fishing rights. At the present time, abalone is the only fish The principal amendments proposed for species agreed by all States and the this Act are to implement Queensland Commonwealth to be in the high risk category participation in agreed national fisheries and therefore the amendments now being management and interstate marketing proposed only deal with abalone. Specifically, arrangements so as to provide more effective they extend the current docket keeping enforcement of fish selling provisions, and to requirements in the Act to wholesale sellers, make certain other minor amendments to the buyers and processors of abalone, regardless Act. of its origin. Additionally, the amendments create an offence Prior to the development of a national where a person unlawfully possesses fish in docketing system, there were different docket Queensland knowing the fish have been taken keeping requirements applying to the handlers in contravention of fisheries legislation of of seafood in each State/Territory and at the another State. The documentation will provide Commonwealth level. All States, with the the means of tracing the abalone to its source exception of Western Australia and to determine whether it has been lawfully taken. Queensland, now have the necessary To enable effective monitoring and legislation in place to enable the NDS to work. enforcement of these NDS provisions the A considerable volume of illegally taken amendments also provide for inspectors to abalone from interstate is believed to be obtain what is termed a "monitoring warrant" processed and sold in Queensland, but there from a Magistrate to gain access to places is currently little which can be done because other than dwelling houses for a period of up to two months to monitor compliance with the Act. the product is illegally taken elsewhere and there is no method of auditing product through A number of safeguards will apply to ensure the distribution chain. The current absence of sufficient control over the issue and content of the warrant. The Magistrate will have discretion an NDS requirement in this State makes a to place conditions on the powers to be coordinated enforcement thrust virtually exercised under the warrant and to impose impossible. other restrictions on the use of the warrant. To facilitate time management of the Finally, it is also proposed to amend the House, I seek leave to table the rest of my Fisheries Act to provide better protection for speech and have it incorporated in Hansard. mangroves and other marine plants and to increase penalties in this area. Leave granted. Fruit Marketing Organisation Act 1923 (the The core requirement for the NDS is that all "FMO Act"). It is proposed to make a number of jurisdictions have compatible measures. More amendments to this statute. Most notably, the specifically, the NDS will: dormant and unused marketing provisions in the Act are to be repealed. (a) provide for validating documentation of fish and fish products in the hands of all Of the other proposed amendments, the most handlers of seafood product within important is to allow greater flexibility in regard Australia; to the internal structural arrangements of Queensland Fruit and Vegetable Growers' (b) make the recording of all commercial (QFVG), the recognised producer transactions involving fish and fish representative body for the horticulture products mandatory; industry which is constituted under the FMO (c) provide legal access for fisheries officers Act. All of these amendments are supported by to normal commercial business records QFVG. generated by businesses who deal in fish At present, the Act has to be amended every and fish products; and time there is a change in QFVGs internal 1842 Primary Industries Legislation Amendment Bill 25 May 1999

structure of commodity-based sectional group "sunset" date of 30 June 1999 for a further 3 committees (SGCs). The proposed amendment years until 30 June 2002. will allow new SGCs to be elected in future This will ensure that all barley for export sale following the making of a regulation. will continue to vest in Grainco until we see A raft of other amendments are proposed, the what happens in the other States in regard to most notable being to: export barley marketing arrangements. I intend (a) change the short and long titles of the Act to closely monitor this situation, but I am to better reflect its current purpose of convinced that, for the moment at least, the dealing with representative rather than current arrangements are justifiable. marketing functions; Furthermore, State-based regulation of export (b) remove various spent or unused wheat is to be preserved as inactive legislation provisions; subject to the outcome of the forthcoming review of the Commonwealth's Wheat (c) formally change the statutory name of the Marketing Act 1989. organisation to "Queensland Fruit and Vegetable Growers" (currently only the Let me stress Mr Speaker, that with both wheat registered business name of the old" and barley, we will not be "throwing the baby Committee of Direction of Fruit out with the bath water" in the sense of Marketing"); and removing sensible regulation, which confers a net benefit on the State, for the sake of (d) allow greater flexibility in the incorporation economic rationalism. of local producer associations (the "base" tier of the QFVG organisation). A number of amendments are being made to the statutory accountability provisions of the Grain It is also necessary to retrospectively validate Act following a review of the current certain actions done in accordance with the requirements. Fruit Marketing (Committee of Direction Levies) Amendment Regulation 1998 (the "Levy Essentially, these will retain the application to Regulation") which have now been found to be Grainco of some statutes, such as the Criminal deficient due to some inadvertent errors in the Justice Act 1992, but these will be limited to the Regulation. exercise of Grainco's residual statutory powers. At the request of industry, levy collections In addition, the amendments will terminate the commenced last year for some additional fruits application of the Financial Administration and and these are now being collected on a daily Audit Act 1977 to Grainco because, as a basis. It now appears that, because of properly incorporated company, it is already administrative error, these fruits were not subject to the full audit and reporting properly declared in accordance with the arrangements of the Corporations Law. procedure laid down in the FMO Act. Meat Industry Act 1993. Amendments will be Furthermore, levies are currently being made that clarify the appeal process for appeals collected for several other fruits which were in made to the Meat Industry Tribunal. As a result fact properly declared under the Act many of the amendments it will be clear that the years ago, but where the declarations have Tribunal will be empowered to charge fees for been found to have lapsed on 30 June 1998. an appeal made to it. This will bring it into line Legal advice is that a retrospective declaration with the arrangements for other primary industry of the subject fruits from 1 July 1998 is tribunals. necessary to correct these deficiencies. At this point Mr Speaker, I should flag that Grain Industry (Restructuring) Act 1991. additional amendments to this Act may be Agreement has also been reached with the grain required later in 1999 depending on industry organisations in regard to certain Government's consideration of the Report of amendments to this statute to implement the the Review Team currently involved with a agreed outcome of an NCP review of the comprehensive review of the Act. powers of Grainco Ltd, notably its powers of Primary Producers' Organisation and Marketing vesting (or compulsory acquisition) in respect Act 1926. Currently this Act provides for two of certain grains. types of statutory producer body, namely On the one hand, this involves the partial commodity marketing boards and producer deregulation of the grains industry so that all representative organisations. There are no domestic trading of grain in Queensland is freed longer any marketing boards in existence, the from regulatory control. This has wide industry last having converted into a co-operative in support and reflects the commercial maturity 1996. developing in this important industry as it The last time a marketing board was set up was moves further away from the old marketing back in 1971 and I consider it unlikely that board mentality. another one would ever be constituted in the However, as strongly advocated by Grainco future, at least not in the way and in the form and the Queensland Graingrowers' Association, envisaged by this statute. Accordingly, repeal the statutory "single desk selling" of export of all of the unused marketing provisions is barley will be extended from the current proposed. 25 May 1999 Acquisition of Land Amendment Bill 1843

It is also proposed to make certain amendments Minister for Natural Resources) (3.30 p.m.): I to the provisions of the Act relevant to the move— operation of Canegrowers, the producer representative body in the sugar industry. "That the Bill be now read a second time." These amendments have arisen in the context of a review of the Regulation relating to the In introducing this Bill to the House, I internal organisational arrangements of the 3 tier would point out that the Bill addresses three structure comprising the Queensland Cane important issues together with a number of Growers' Council, district cane growers' consequential and minor amendments. I will executives and mill suppliers' committees. briefly describe the important issues. The The principal amendments, all of which have the provisions of the current Acquisition of Land support of Canegrowers', will facilitate a rewrite Act 1967 require that the Governor in Council of the Regulation, and will: perform a deliberative decision making role in (a) allow a broader category of authorised respect of all applications for the taking of representatives to be nominated for land. election by corporate growers; The current requirements under the Act (b) amend the definition of "grower" to allow a necessitate the provision of a vast body of regulation to be made to define the reports, studies, documents, plans and like canegrowers who can vote at elections for material to be delivered to the Governor in each of the tier bodies; Council in support of each application under (c) allow the Council to appoint persons to consideration. This cumbersome process has any of the tier bodies where insufficient become impractical due to the volume and nominations have been received to require an election; and complexity of the material provided and because the Governor in Council simply does (d) allow a district canegrower executive to not have the time available to consider every be elected by the region's mill supplier committees rather than directly by application in the required detail. growers, where this is in accord with the The Electoral and Administrative Review wishes of the growers. Commission in its 1990 report recognised that Mr Speaker, all of the amendments I have it was inappropriate for the Governor in Council outlined in this Speech have the wide support to perform such a deliberative role. of the respective producer organisations and Subsequently, most legislation in Queensland the statutory agencies that are affected by the which required the Governor in Council to amendments in question. In my view, it is more perform a deliberative role has been amended sensible to deal with them all in one Bill, rather to apply a more contemporary approach. than to take up the valuable time of this House However, the provisions of the Acquisition of with 8 separate Bills. Land Act 1967 were not amended at that time I commend the Bill to the House. and remain unchanged. Debate, on motion of Mr Beanland, These amendments will address this adjourned. shortcoming by adopting the more contemporary approach whereby the Minister ACQUISITION OF LAND AMENDMENT BILL investigates the merits of each application and, if satisfied with the findings, takes forward Hon. R. J. WELFORD (Everton—ALP) a recommendation, through the Executive (Minister for Environment and Heritage and Council process, for the taking of land by Minister for Natural Resources) (3.30 p.m.), by Gazette notice. The current practice of leave, without notice: I move— publishing a proclamation in the Gazette of the "That leave be granted to bring in a Governor in Council's decision to take an Bill for an Act to amend the Acquisition of interest in land would be replaced by the Land Act 1967, and for related purposes." publication of a notice in the Gazette. Motion agreed to. The next issue relates to the current provisions in the Act that only permit the taking of land using plans of survey. The proposed First Reading amendments seek to provide a more Bill and Explanatory Notes presented and reasonable approach for both land-holders Bill, on motion of Mr Welford, read a first time. and constructing authorities alike by amending the Act to allow for the taking of land using plans which substantially identify the land but Second Reading are not an actual plan of survey. This Hon. R. J. WELFORD (Everton—ALP) amendment will enable constructing authorities (Minister for Environment and Heritage and to substantially identify the land in the first 1844 Justice Legislation (Miscellaneous Provisions) Bill (No. 2) 25 May 1999 instance and then prepare a plan of survey of First Reading the precise needs of the constructing authority Bill and Explanatory Notes presented and after construction. This ensures no more land Bill, on motion of Mr Foley, read a first time. is taken than is necessary. This approach does not in any way limit or alter the land-holder's right to be Second Reading compensated. In fact, the Department of Main Hon. M. J. FOLEY (Yeronga—ALP) Roads has for about 30 years acquired land (Attorney-General and Minister for Justice and using plans which substantially identified the Minister for The Arts) (3.36 p.m.): I move— land but were not plans of survey. The precise "That the Bill be now read a second land needs were identified and surveyed after time." construction and were the subject of an amending proclamation which was registered The Justice Legislation (Miscellaneous in the land titles registry. However, whilst the Provisions) Bill (No. 2) 1999 has three main practices followed are well suited to the type of purposes. First, it implements a number of infrastructure provided by the Department of recommendations made by the Members' Main Roads and serve both the public interest Ethics and Parliamentary Privileges Committee and the best interests of land-holders, those in its report No. 28, which was tabled in this practices are now considered not to comply House on 25 March 1999. The with the provisions of the Act. recommendations concerned the rectification of certain anomalies and inconsistencies in the This Bill seeks to validate existing penalties of the Criminal Code provisions acquisitions of interests in land which were not relating to disturbing the Parliament. Second, accompanied by plans of survey when the Bill, by amending a number of items of applications were made. This validation will legislation, will help to achieve greater ensure that many road projects of critical efficiency and effectiveness in our courts in the importance to the community, such as the disposition of certain criminal matters. Third, it expansion of the highway between the Gold will also help to facilitate implementation of the Coast and Brisbane, are not disrupted. uniform civil procedure rules which will I stress at this point that these commence on 1 July 1999. amendments are not in response to any legal Report No. 28, titled Report on a Matter of actions pending. Nor is there any attempt to Privilege—Matter Referred to the Committee seek advantage for the Government through on 21 April 1998, noted a number of apparent these amendments. They are in response to anomalies in the Criminal Code relating to the recent identification by the Government of a offences of "disturbing the legislature", technical but legally significant deficiency in the "disturbance in the House when the current acquisition practices followed by the Parliament is not sitting" and "going armed to Department of Main Roads. I also point out Parliament House"—sections 56, 56A and 56B that the rights of land-holders will not be respectively. These anomalies related to the affected or diminished by the validation considerable variance in the penalties imposed provisions. They will retain their right to fair and under those sections. reasonable compensation. The other amendments in the Bill are of a minor nature The Bill makes appropriate amendments and support the more important amendments to sections 56A and 56B of the Criminal Code outlined. I commend this Bill to the House. by increasing the maximum penalty from $100 to 100 penalty units (which equates to $7,500) Debate, on motion of Mr Lester, and the term of imprisonment from six months adjourned. to two years. These amendments will ensure that magistrates now have the power to punish JUSTICE LEGISLATION (MISCELLANEOUS adequately for disturbances against the PROVISIONS) BILL (No. 2) Parliament or its members. Hon. M. J. FOLEY (Yeronga—ALP) Greater efficiency and effectiveness in our (Attorney-General and Minister for Justice and courts will result from the following Minister for The Arts) (3.36 p.m.), by leave, amendments. Section 61(1) of the District without notice: I move— Court Act 1967 confers jurisdiction on the District Court to deal with indictable offences "That leave be granted to bring in a involving a maximum penalty not exceeding Bill for an Act to amend Acts administered 14 years' imprisonment. Section 61(2) provides by the Attorney-General and Minister for for a number of exceptions to this general Justice and Minister for The Arts." position and gives the District Court jurisdiction Motion agreed to. to hear a range of offences for which the 25 May 1999 Justice Legislation (Miscellaneous Provisions) Bill (No. 2) 1845 maximum penalty is life imprisonment. These sittings to sittings until the matter is finally include rape, armed robbery, grievous bodily disposed of). This may tie up officers from the harm with intent and other life offences. All registry and from the office of the Director of other offences attracting a penalty exceeding Public Prosecutions for some days, depending 14 years' imprisonment must be heard in the on the number of matters stood over. The Supreme Court of Queensland. The proposed amendment will both clarify and exceptions provided in section 61(2) of the continue the utility of section 17 of the Bail Act District Court Act 1967 do not presently include but enable the discontinuance of this time- riot offences, where the maximum penalty is consuming and unnecessary practice. life imprisonment. However, the Bill amends The amendment to section 28A section 61(2) to include these types of riot addresses a problem that occurs when a offences. defendant is granted bail by the Supreme Other offences under the Criminal Code Court but the bail undertaking requires the where jurisdiction has been transferred from defendant to appear in the Magistrates Court the Supreme Court to the District Court are— for the next court appearance. If the section 317A (carrying or sending defendant does not appear in the Magistrates dangerous goods in a vehicle); Court, the magistrate can forfeit the bail undertaking under section 31 but cannot issue section 318 (obstructing rescue or escape a warrant under section 28A for the from unsafe premises); apprehension of the defendant. By contrast, section 319 (intentionally endangering section 28 empowers a Supreme or District safety or persons travelling by railway); Court to issue a warrant in the same and circumstances, and section 29 empowers a section 319A (endangering safety of police officer to arrest a defendant without persons travelling by aircraft). warrant in certain circumstances. If a defendant is granted bail by the Supreme The penalties remain unchanged—14 years Court to appear in a Magistrates Court but fails for section 317A, and life imprisonment for to appear in the Magistrates Court, then it is each of the other offences. The disposition of sensible that the Magistrates Court should be these offences is no more onerous than the able to issue a warrant for the apprehension of offences already excepted under section the defendant. Otherwise, the prosecution 61(2). The amendments only confer jurisdiction would need to go back to the Supreme Court on District Courts to deal with these offences. in order to get the warrant, presumably by way One offence for which the penalty has of an application to revoke bail under section been justifiably increased is section 363A of 30, even though the bail undertaking may the Criminal Code. Currently, the section have already been forfeited by the Magistrates provides for a maximum penalty of two years' Court. The Bill enables a Magistrates Court to imprisonment for abducting a child under 16 issue a warrant for the apprehension of the years. Some deficiencies with this section have defendant in these circumstances. been highlighted by the recent Court of Appeal The Criminal Law Amendment Act 1997 decision in the Queen v. Craig Lee Weldon amended the Criminal Code by inserting a new (CA 354/97, judgment delivered 30 October Chapter 58A (indictable offences dealt with 1997, unreported). Both the Court of Appeal summarily). Chapter 58A consolidated various and the sentencing judge, His Honour Judge provisions located throughout the code dealing Boyce of the District Court, criticised the with the summary determination of indictable inadequate penalty available for this offence. offences. Chapter 58A was not intended to The offence has also been made a crime substantially change the jurisdiction of instead of a misdemeanour. The maximum Magistrates Courts with the exception of penalty has been increased from two years' increasing the maximum penalty that could be imprisonment to seven years' imprisonment. imposed by a stipendiary magistrate from two The maximum penalty for an offence against years to three years (section 552H). Section section 364 (cruelty to children under 16) has 552B of Chapter 58A lists those indictable also been increased from five years' offences that may be dealt with summarily at imprisonment to seven years' imprisonment. the election of the defendant. The Bill also makes minor amendments to sections 17 and 28A of the Bail Act. Subsection 552B(1)(i) states that a Magistrates Court has jurisdiction over an The practice in the higher courts is that, at offence involving an assault if the assault is— the end of each sittings, an endorsement is made on each indictment where matters are without a circumstance of aggravation; stood over to the next sittings (and so on from not of a sexual nature; 1846 Members' and Related Persons' Registers of Interests 25 May 1999

not an assault mentioned in section 552A July 1999. The rules committee established (charges of indictable offences that must under the Supreme Court of Queensland Act be dealt with summarily on prosecution has recommended these amendments to the election); and Government. Some are necessary because of the maximum penalty for the offence is deficiencies in the Civil Justice Reform Act not more than seven years. 1998, which limited the enforcement power of the courts to orders for the payment of money. An unintended consequence of this new I commend the Bill to the House. provision is that it has caused ambiguity regarding the jurisdiction of magistrates to deal Debate, on motion of Mr Beanland, with an offence under section 339(1) of the adjourned. Criminal Code (assault occasioning bodily harm). STANDING RULES AND ORDERS Prior to the amendment, Magistrates Hon. T. M. MACKENROTH (Chatsworth— Courts had jurisdiction (subject to certain ALP) (Leader of the House) (3.46 p.m.): I statutorially defined limitations) to deal with this move— offence. The ambiguity stems from the issue of whether an assault occasioning bodily harm "That Standing Order 158 of the constitutes an assault with a circumstance of Standing Rules and Orders of the aggravation. This has resulted in a significant Legislative Assembly be omitted and number of magistrates declining to deal with replaced with the following— the offence, thereby necessitating hearing in 'No Member to vote if pecuniarily the District Court. As a consequence, there interested have been increased costs to the criminal 158. No Member shall be entitled to vote justice system (due to the need for a committal in any division upon a question (not being hearing and determination by the District a matter of public policy) in which he or Court) and unnecessary delay in the she has a direct pecuniary interest not finalisation of criminal matters. The held in common with the rest of the amendment removes the ambiguity and subjects of the Crown. The vote of a makes it plain that a Magistrates Court can Member may not be challenged except deal with these offences. on a substantive motion moved The transitional provisions will allow a immediately after the division is judge of District Courts to send those matters completed, and the vote of a Member that have already been committed to the determined to be so interested shall be District Court back to a Magistrates Court to be disallowed.' " dealt with according to law. These are practical Motion agreed to. amendments that will clarify the position on some ambiguous provisions, justifiably increase the penalties for some criminal MEMBERS' AND RELATED PERSONS' offences and transfer jurisdiction to deal with REGISTERS OF INTERESTS some offences to the District Court. This will Hon. T. M. MACKENROTH (Chatsworth— allow a less expensive means of disposing of ALP) (Leader of the House) (3.47 p.m.): I those matters, at the same time reducing the move— burden on the Supreme Court to enable it to deal with the more important criminal cases. "That— An important amendment is also made to (a) the Resolution of the House dated section 13A (cooperation with law enforcement 19 April 1989 establishing the authorities to be taken into account) of the Members' and Related Persons' Penalties and Sentences Act 1992. That Registers of Interests, as amended section is intended to facilitate recognition of on 27 November 1990, 2 March assistance to the authorities through reduced 1993 and 11 March 1999 be sentences. However, its current operation replaced with the provisions set out in tends to highlight that fact, which, in turn, the attachment to this Resolution; raises concern about the safety of the person (b) the provisions of this Resolution take being sentenced. The Bill recasts section 13A effect from 1 July 1999; and in a way that will help to ensure the personal (c) from 1 July 1999, the provisions of safety of those being sentenced. this Resolution continue in force The Bill also amends courts legislation to unless and until amended or revoked facilitate the operation of the uniform civil by the Legislative Assembly in this or procedure rules, which are to commence on 1 a subsequent Parliament. 25 May 1999 Members' and Related Persons' Registers of Interests 1847

Attachment to resolution relating to PART 5—ENFORCEMENT Members' and Related Persons' Register 18. Effect of failure to comply with of Interests requirements Preamble SCHEDULE 1. It is vital that in a representative Form 1 Statement of the Interests of a democracy the public have confidence in Member the integrity of their elected representatives; Form 2 Statement of the Interests of a Member's related persons 2. It is also vital that elected representatives be continually reminded that they exercise Form 3 Notice of Change of Details a public trust which should not be subject contained in Statement of to any private interest; Interests 3. It is also in the interests of elected Form 4 Notice of 'No Change' of Details representatives that they be able to contained in Statement of demonstrate that at all times they have Interests made scrupulous disclosure of their PART 1—PRELIMINARY private interests; Definitions 4. The Legislative Assembly requires its 1. In this resolution, unless the contrary Members to demonstrate a commitment to intention appears— maintain the highest possible standard of propriety and to avoid and declare any 'calendar month' means a period potential conflict of interest; commencing at the beginning of a day of one of the 12 months of the year and 5. The Members' and Related Persons' ending immediately before the beginning Registers of Interests are mechanisms to of the corresponding day of the next encourage and foster transparency, month or, if there is no such accountability and openness; and corresponding day, ending at the end of 6. The following provisions be recognised as the next month; the minimum disclosure required by Members and that Members be aware that 'child', in relation to a Member, includes an the following provisions are not intended adopted child, a step-child or an to be an exhaustive list of all possible exÐnuptial child of the Member; financial arrangements which require, in 'Clerk' means The Clerk of the Parliament; the spirit of the resolution, to be declared. 'committee' means the Members' Ethics CONTENTS and Parliamentary Privileges Committee; PART 1—PRELIMINARY 'company' means a company, whether a 1. Definitions private company or a public company; 2. Interpretation—terms relating to 'debenture' includes debenture stock, companies bonds, notes and any other document evidencing or acknowledging 3. Interpretation—forms indebtedness of a company in respect of 4. Registrar money that is deposited with or lent to the PART 2—STATEMENTS OF INTERESTS company; 5. Giving of statements 'de facto spouse' means a person who is 6. Form of statements and notice of living as the spouse of the Member change of details although not legally married to that Member; 7. Disclosure of interests 'gift' means— 8. Questions concerning statements PART 3—REGISTERS (a) the transfer of money, property or other benefit— 9. Keeping of Registers (i) without recompense; or 10. Custody of Registers (ii) for a consideration substantially 11. Tabling of Register of Members' less than full consideration; or Interests (b) a loan of money or property made on 12. Publishing of Register of Members' a permanent, or an indefinite, basis; Interests but does not include upgraded travel 13. Inspection of Registers provided by an airline. PART 4—COMPLAINTS 'joint venture' means an undertaking 14. Allegations by Members carried on by 2 or more persons in 15. Consideration of allegations common otherwise than as partners; 16. Complaints by public 'Member' means a Member of the 17. Consideration of complaints Legislative Assembly; 1848 Members' and Related Persons' Registers of Interests 25 May 1999

'month' means a calendar month; but does not include upgraded travel 'nominee company' means a company provided by an airline, meals or sporting or whose principal business is the business cultural entertainment. of holding marketable securities as a 'spouse', in relation to a Member, includes trustee or nominee; a de facto spouse of the Member; 'officer', in relation to a company, means— 'statement of interests' means— (a) director or secretary of the company; (a) a statement of interests (Member); or or (b) a statement of interests (related (b) any other person who is concerned, persons); or takes part, in the management of 'statement of interests (Member)' means the company; the statement of a Member's interests 'partnership' includes a joint venture; required to be given by the Member to the Registrar under clause 5; 'private company' means a proprietary company, whether incorporated in 'statement of interests (related persons)' Queensland or elsewhere; means the statement of the interests of a 'public company' means a company, other Member's related persons required to be than a private company, whether given by the Member to the Registrar incorporated in Queensland or elsewhere; under clause 5; 'Register' means— 'trade or professional organisation' means a body (whether incorporated or (a) the Register of Members' Interests; unincorporated) of— or (a) employers or employees; or (b) the Register of Related Persons' Interests; (b) persons engaged in a profession, trade or other occupation; 'Registrar' means the Registrar of being a body the object, or an object, of Members' Interests; which is the furtherance of its own 'related person', in relation to a Member, professional, industrial or economic means— interests or those of any of its Members'; (a) the spouse of the Member; 'year' means period of 12 months (b) a child of the Member who is wholly commencing on 1 January. or substantially dependent on the Interpretation—terms relating to companies Member; or 2.(1) A person is taken to have a controlling (c) any other person— interest in shares in a company if the (i) who is wholly or substantially person is able— dependent on the Member; or (a) to dispose of, or to exercise control (ii) whose affairs are so closely over the disposal of, the shares; or connected with the affairs of (b) where the shares are voting the Member that a benefit shares—to exercise, or to control the derived by the person, or a exercise of, any voting powers substantial part of it, could pass attached to the shares. to the Member; (2) The question whether a company is a 'share' means— subsidiary of another company is to be (a) a share in the share capital of a determined in the same manner as the company; question whether a corporation is a subsidiary of another corporation is (b) stock; determined for the purposes of the (c) a convertible note; or Corporations Law of Queensland. (d) an option; (3) A reference in this resolution to the 'sitting day', in relation to the Parliament, holding company of another company is a means a day on which the Parliament reference to a company of which that meets; other company is a subsidiary. 'sponsored travel' means any travel Interpretation—forms undertaken, including accommodation 3.(1) In this resolution, a reference to a form by incidental to the travel, otherwise than in number is a reference to the form so an official capacity, by the Member or a numbered in the Schedule. related person in respect of which a (2) Strict compliance with a form in the contribution (whether in cash or kind) to Schedule is not necessary and substantial the cost of the travel (including incidental compliance, or such compliance as the accommodation) is made by a person circumstances of a particular case allow, is other than the Member or a related person sufficient. 25 May 1999 Members' and Related Persons' Registers of Interests 1849

Registrar (2) A statement of interests (related 4.(1) There is to be a Registrar of Members' persons)— Interests. (a) must be in accordance with Form 2; (2) The Clerk is to be the Registrar. and PART 2—STATEMENTS OF INTERESTS (b) is to relate only to interests held by related persons otherwise than jointly Giving of statements or in common with the Member. 5.(1) In accordance with resolutions adopted (3) A notice of change of the details by the Legislative Assembly and in a form contained in a statement of interests must determined by the Members' Ethics and be in accordance with Form 3. Parliamentary Privileges Committee from (4) A notice of no change in details must be in time to time each Member shall within one accordance with Form 4. month of making and subscribing an oath or affirmation as a Member, provide to the (5) The Committee may, by resolution, alter Registrar of Members' Interests a any of the above forms and notice of such statement of— alteration is to be made by the Chairman of the Committee to the Legislative (a) the Member's Registrable Interests Assembly within 5 sitting days. as at the date of the election; Disclosure of interests (b) the Registrable Interests, as at the date of the election, of which the 7. A statement of interests required to be Member is aware of related persons. given by a Member must contain the following details— (2) A Member must notify the Registrar in writing of any change in the details (a) in respect of any company in which contained in the last statement of interests the Member or a related person is a given by the Member within one month of shareholder or has a controlling becoming aware of the change. interest in shares— (3) Where in any year there is no change to (i) the name of the company; the details contained in the last statement (ii) where the shareholding or of interests given by the Member the interest constitutes a controlling Member is required to complete and lodge interest in the company—details a 'no changes' of interests return. This of the shareholdings of the form is required to be submitted to the company in any other company; Registrar within one month after 30 June (iii) where the shareholding or each year and shall cover the period from interest is held in a private the preceding 30 June or the last occasion company, the details of the upon which the Member supplied a investments or beneficial statement of interest to the 30 June of the interests of the company, but current year. the value of those investments (4) A Member is required to include in a or beneficial interests need not statement of interests details relating to be disclosed; and the interest of a related person only if the (iv) where the shareholding or Member is aware of the interest. interest is held in a private (5) A Member is not required to give, in any company that is the holding year— company of another company— (a) more than one statement of interests (A) details of the investments (Member); or or beneficial interests of (b) more than one statement of interests the holding company, but (related persons); or the value of those investments or beneficial (c) more than one 'no changes' of interests need not be interest declaration. disclosed; Form of statements and notice of change of (B) the name of any company details that is a subsidiary of the 6.(1) A statement of interests (Member)— holding company; (a) must be in accordance with Form 1; (C) the name of any company and that is a subsidiary of any company that is the (b) is to relate only to interests held by holding company's the Member— subsidiary; and (i) alone; and (D) the details of the (ii) jointly or in common with a investments or beneficial related person. interests of those 1850 Members' and Related Persons' Registers of Interests 25 May 1999

subsidiary companies, but or a related person is a beneficiary or the value of those a private company of which a investments or beneficial Member or a related person is a interests need not be shareholder— disclosed; (i) the nature of the liability; and (b) in respect of any company of which (ii) the name of the creditor the Member or a related person is an concerned; officer— unless— (i) the name of the company; (i) it arises from the supply of (ii) the nature of the office held; goods or services supplied in and the ordinary course of any (iii) the nature of the activities of occupation of the Member or the company; business of the trust or private (c) in respect of any family or business company in which the Member trust or nominee company in which or related person has an interest the Member or a related person which is not related to the holds a beneficial interest— Member's duties as a Member of the Legislative Assembly; or (i) the name or a description of the trust, or the name of the (ii) the debt is for an amount of company, as the case requires; $10,000 or less; (ii) the nature of the activities of (h) details of any debenture or similar the trust or company; investment held by the Member or a related person; (iii) the nature of the interest; and (i) in respect of any savings or (iv) details of the investments and investment account of the Member beneficial interest of the trust, or a related person held with a bank, but the value of those building society, credit union or investments or beneficial other institution— interests need not be disclosed. (d) in respect of any family or business (i) the nature of the account; and trust in which the Member or a (ii) the name of the institution related person is a trustee— concerned; (i) the name or a description of the (j) gifts valued at more than $500 from trust; and one source, or where two or more (ii) the nature of the activities of gifts are made from one source the trust; during the return period exceed, in aggregate, $500 provided that a gift (e) in respect of any partnership in which received by a Member, the Member's the Member or a related person has spouse or dependent children from an interest— family members or personal friends in (i) the name or a description of the a purely personal capacity need not partnership; be registered unless the Member (ii) the nature of the activities of judges that an appearance of conflict the partnership; and of interest may be seen to exist; (iii) the nature of the interest; (k) in respect of any sponsored travel received by the Member or a related (f) in respect of any real estate in which person— the Member or a related person has an interest— (i) the source of the contribution concerned; (i) the location of the relevant and property (by reference to suburb or area); (ii) the purpose of the travel. (ii) the approximate size of the (l) any other source of income over property; $500 per annum received by— (iii) the purpose for which the (i) the Member or a related person; property is and is intended to or be used; and (ii) a private company, or a trust, in (iv) the nature of the interest; which the Member or a related person holds an interest; (g) in respect of any liability (excluding department store and credit card or where the source of income is accounts) of the Member or a related under $500, where that income person or a trust of which a Member might, in the judgment of the 25 May 1999 Members' and Related Persons' Registers of Interests 1851

Member, involve sensitivity or be (5) If the Member informs the Committee in capable of misconstruction; writing that he or she does not agree with (m) details of any other asset of the the decision of the Committee, the Member or a related person the value Committee must— of which exceeds $5000, other (a) make a report to the Legislative than— Assembly; and (i) household and personal effects; (b) with the report, recommend the (ii) a motor vehicle used only or action that should be taken in relation mainly for personal use; and to the matter. (iii) superannuation entitlements; (6) A report under subclause (5)— (n) the name of any political party, trade (a) must be made in general terms; and or professional organisation of which (b) must not disclose the name of the the Member or related person is a Member. Member, or the name of any other organisation of which the Member is PART 3—REGISTERS an officeholder or financial Keeping of Registers contributor donating $500 or more in 9.(1) The Registrar must keep, in such forms as any single calendar year to that the Registrar considers appropriate— organisation; (a) a Register of Members' Interests; and (o) any other interest (whether or not of a pecuniary nature) of the Member or (b) a Register of Related Persons' a related person— Interests. (i) of which the Member is aware; (2) As soon as practicable after receiving a and statement of interests from a Member, the (ii) that raises, appears to raise, or Registrar must— could foreseeably raise, a (a) in the case of a statement of interests conflict between the Member's (Member)—enter in the Register of private interest and his or her Members' Interests the relevant duty as a Member. details contained in the statement; Questions concerning statements and 8.(1) If a question relating to whether a matter (b) in the case of a statement of interests should or should not be included in a (related persons)— enter in the statement of interests is raised by a Register of Related Persons' Member with the Registrar, the Registrar Interests the relevant details must— contained in the statement. (a) subject to the terms of any resolution (3) As soon as practicable after receiving a of the Legislative Assembly affecting notice of change of details under the matter— attempt to resolve the subclause 5(2), the Registrar must make matter without referring it to the such alteration to the details entered in the Committee; and relevant Register as is necessary to reflect the change. (b) if the matter is not so resolved— refer the matter to the Committee. Custody of Registers (2) A reference of a matter to the 10. The Registrar is to have the custody of— Committee— (a) each Register; (a) must be made in general terms; and (b) each statement of interests received (b) except with the consent of the by the Registrar under clause 5; and Member, must not disclose the name (c) any notice of change of details of the Member. received by the Registrar under (3) The Committee must— subclause 5(2). (a) consider any matter referred to it; Tabling of Register of Members' Interests and 11. As soon as practicable after— (b) if the name of the Member has been disclosed to it—give the Member the (a) the first sitting day of each opportunity to be heard; Parliament; and after which it must decide whether the (b) the 30th day of June in each matter should or should not be included subsequent year during the life of by the Member in the statement of that Parliament; interests concerned. the Speaker must cause a copy of the (4) The Registrar must immediately notify the Register of Members' Interests to be laid Member of the decision of the Committee. before the Legislative Assembly. 1852 Members' and Related Persons' Registers of Interests 25 May 1999

Publishing of Register of Members' Interests (i) to be heard; and 12. The Register tabled in accordance with (ii) to make written submissions; 11(a) above shall be immediately and published as a Parliamentary paper. (b) it has given the persons that the Inspection of Registers Member nominates the opportunity 13.(1) The Registrar must, at the request of to be heard. a person, permit the person to Complaints by public inspect the Register of Members' 16.(1) A person may make a complaint Interests during normal business alleging that a Member has failed to hours of the office of the Clerk. comply with the requirements relating (2) The Registrar must, on request, make the to the disclosure of a matter under Register of Related Persons' Interests this resolution. available to— (2) The complaint must be made, in writing, to (a) the Speaker; the Registrar. (b) the Premier; (3) The Registrar must, before taking any (c) any other Leader in the Legislative further action in relation to the complaint, Assembly of a political party; inform the complainant in writing that parliamentary privilege does not extend to (d) the Chairman and Members of the any communication between the Members' Ethics and Parliamentary complainant and the Registrar. Privileges Committee; (4) The Registrar may require the complainant (e) the Criminal Justice Commission. to give to the Registrar— PART 4—COMPLAINTS (a) details of the complainant's name and Allegations by Members address; 14.(1) A Member may make an allegation (b) details, or further details, of the against another Member that the complaint; and other Member has failed to comply (c) copies of any documents or other with the requirements relating to the material available to the complainant disclosure of a matter under this supporting the complaint. resolution. (5) The Registrar may refuse to take any (2) The allegation must be made, in writing, to further action in relation to the complaint if the Registrar. the complainant refuses or fails to comply (3) The Registrar must— with a requirement under subclause (4). (a) refer the allegation to the Committee; (6) If the Registrar believes on reasonable and grounds that there is evidence to support (b) give the details of the allegation to an allegation the subject of the complaint, the Member against whom the the Registrar must— allegation is made. (a) refer the matter to the Committee; Consideration of allegations and 15.(1) The Committee must consider each (b) give the details of the complaint to allegation referred to it and, for that the Member concerned. purpose, may— Consideration of complaints (a) give each Member concerned the 17.(1) Where a complaint is referred to it, opportunity to be heard; and the Committee— (b) obtain information from such other (a) may request the Member concerned persons, and make such inquiries, as to provide an explanation of the it thinks fit; allegation the subject of the after which it may— complaint; and (c) make a report to the Legislative (b) must, if the Member disputes the Assembly; and allegation— (d) with the report, recommend the (i) give the Member the action that should be taken in relation opportunity to be heard; to the matter. (ii) give the persons that the (2) The Committee must not make a report Member nominates the unless— opportunity to be heard; and (a) it has given the Member against (iii) obtain information from such whom the allegation has been made other persons, and make such the opportunity— inquiries, as it thinks fit. 25 May 1999 Members' and Related Persons' Registers of Interests 1853

(2) The Committee must make a report to the the Member or a related person in respect Legislative Assembly in respect of the of which a contribution (whether in cash or complaint— kind) to the cost of the travel (including (a) if the Member concerned disputes incidental accommodation) or the the allegation the subject of the accommodation is made by a person complaint—on completion of its other than the Member or a related consideration of the complaint; person but does not include upgraded (b) if the Member confirms the travel provided by an airline, or upgraded allegation—on receiving notice to accommodation, or meals or sporting or that effect; and cultural entertainment.'." (c) if the Member does not, within a I also move an amendment to section reasonable period, respond to a 7(k) of the motion so that it will read as request given to him or her under paragraph (1)(a)—on the expiration follows— of the period. "(k) in respect of any sponsored travel or (3) The Committee must, with the report, accommodation received by the recommend the action that should be Member or a related person— taken. (i) the source of the contribution (4) The Committee must not, in the report, concerned; and make a finding that is adverse to the (ii) the purpose of the travel." Member concerned unless it has given the Member— Since I distributed this amendment this (a) full particulars of the complaint; and morning around the House, I have included the words "or upgraded accommodation". It (b) the opportunity to be heard in relation to the complaint. was raised with me by a member of the Opposition that "upgraded accommodation" Explanatory Notes was not included, and I felt that it was 18. The Committee, either on its own initiative important that it was. The reason for that is or upon request of the Registrar, may that, when members do travel, they are produce and publish explanatory notes to booked into hotels by either the parliamentary further explain the requirements of this travel section here at Parliament House or the resolution and the information to be Ministerial Services Branch through American included in the Registers. Express. They have a Government rate and PART 5—ENFORCEMENT we are charged the Government rate. When Effect of failure to comply with requirements we go into a hotel and they give us a room, we 19. A Member who knowingly— would not know whether it is the size room to which we are entitled for the Government rate (a) fails to give a statement of interests to the Registrar under subclause or whether it is a bit bigger and is upgraded in 5(1); the eyes of the hotel. However, as somebody who travels quite a bit, I wish to point out that (b) fails to notify the Registrar under subclause 5(2) of a change of details the size of the bed is the same and one gets contained in a statement of interests; to sleep in it for very little time. or The fascination that the media and the (c) gives to the Registrar a statement of general community have with MPs travelling interests, or gives information to the and staying in places always amazes me. Next Registrar or Committee, that is false, month, I am travelling to Proserpine on a incomplete or misleading in a material Wednesday night to attend a conference on particular; the Thursday morning. I then have to get to is guilty of a contempt of the Parliament the Proserpine Airport so that I can catch a and may be dealt with accordingly." plane to Brisbane to get on one to get to I also move the following amendment to Melbourne so that I can get to Adelaide at the definition of "sponsored travel" in the 9.30 that night to attend a conference on the motion—and this has been distributed in the Friday morning, so that I can leave there at 12 House—so that it will read as follows— o'clock to get back here and go to a dinner. But if I said to someone, "I'm going to " 'sponsored travel or Proserpine and Adelaide", they would say, accommodation' means any travel "Gee, you're lucky." undertaken, including accommodation incidental to the travel, or any Mr Borbidge: It's called a junket. accommodation benefit received, Mr MACKENROTH: That is a junket, yes! I otherwise than in an official capacity, by do not know how lucky I will be, because I get 1854 Members' and Related Persons' Registers of Interests 25 May 1999 very bored sitting in planes. But people do secondly, as part of the effective scrutiny of have that fascination that, in some way, we Government. are junketing around. By the time I got to the Dr Noel Preston, in a submission to the airport at 10 o'clock at night I would not know Members' Ethics and Parliamentary Privileges whether I was in Proserpine or Adelaide. All I Committee's review of the Register of want to do is get to bed and go to sleep. The Members' Interests, said this— amendment to the original motion has included the requirement for members to "The exercise of public life in an indicate if they have been given any ethical way requires adherence to the sponsored accommodation separate from principle of transparency, demonstrating travel. The original notice of motion referred to accountability and openness." sponsored travel and accommodation. By this Dr Preston went on to say in his submission amendment the Government is clearly stating that it was vital that the public should have— that if a member takes sponsored "the confidence that all Members of accommodation without travel the member will Parliament exercise their role openly and need to declare that accommodation. honestly and do not hide or fail to declare The notice of motion has been on the relevant interests from public knowledge." Parliament's books for a few weeks and all Dr Preston also said that conflicts of interest members have had an opportunity to look at it are inevitable in public life and that they and consider it. During the last sitting week I emerge broadly out of the potential conflict invited honourable members to raise issues between public duty and private interest. with me as they saw fit. Other than the issue The Register of Members' Interests that raised with me by the Opposition, I have the Parliament will institute by agreeing to this received notice of no other matters. Of course, motion is the best of any Parliament in this debate allows honourable members an Australia. It is the most open and transparent opportunity to raise whatever issue they wish. register of any Parliament in Australia. The Hon. J. FOURAS (Ashgrove—ALP) media is wrong in criticising the Beattie (3.51 p.m.): I am pleased to second the Government for attempting to water down the motion moved by the Leader of the House. I recommendations of the 1996 report by the was a member of the Members' Ethics and Members' Ethics and Parliamentary Privileges Parliamentary Privileges Committee which Committee. Of the committee's 21 reported on 2 October 1996. There has been recommendations, 18 have been adopted in some criticism about the delay in bringing this their entirety. Of the other three matter forward. Between October 1996 and recommendations, one dealt with a change to the fall of the Borbidge Government there was Standing Order 158. That matter has just been no attempt to implement these changes. As a dealt with in general notice of motion No. 1. member of the Members' Ethics and That matter related to members voting on Parliamentary Privileges Committee I am matters in which they have a direct pecuniary aware that the coalition members of the interest. That Standing Order has now been committee were widely criticised in the joint replaced by that applying in the House of party room for their support of the amended Representatives. I believe this is a much more register, and particularly for supporting the workable alternative and I can understand why recommendation that family trusts be both sides of the Chamber preferred it, without transparent. Such transparency is vital as a debate. demonstration of accountability and openness. A separate Register of Members' Interests It is a tradition of the Westminster system will not be established. The Premier argued that there be declaration of direct pecuniary that Ministers have to comply with the Register interests. It is not easy to define "direct of Members' Interests, so why should they pecuniary interest" but, simply put, it means have to comply with a second register? any direct financial benefit accruing to the Ministers are required to declare any gift of a member. The 1996 report of the Members' value in excess of $100. In that regard, the Ethics and Parliamentary Privileges Committee register is much tougher on Ministers than it is recommended amendments to the Members' on members. interests register. These amendments The issue that people have been underlined the principle that transparency is discussing is sponsored travel and sponsored the best safeguard against conflict of interest. accommodation. The Leader of the House has Members of Parliament should maintain a high fully dealt with this matter. The guidelines are standard of propriety in discharging their now tougher. We now have a definition of parliamentary duties, firstly as legislators and, "sponsored travel" and the purpose and 25 May 1999 Members' and Related Persons' Registers of Interests 1855 source of the travel now have to be revealed. investment need not be disclosed. We are not This will lead to transparency in these matters. having a wealth register here. I believe the Courier-Mail was correct Similarly, the same conditions apply in when it said that the 1996 provision was super relation to business trusts or family trusts, or a tough and provided super tough guidelines. nominee company. So I think that in approving The Beattie Government has now imposed these provisions, and I am confident that the these super tough guidelines on all members Parliament will, we have very tough guidelines of this House. and absolute clarity and openness. I think that There has been some debate in the we should take a pat on the back and say, media about the removal of the requirement to "We understand that there is always the declare football admission tickets, attendance possibility of conflict between public duty and at corporate boxes and meals at local service private interests, but at least now people can clubs. We have seen massive changes with take note of the possibility of that and make regard to accountability in the recent report sure that it does not create unethical tabled in the House. It is a shame that we now behaviour in our Parliament." I commend this see criticism for the removal of the duty of motion to the House. members to declare football tickets, Hon. R. E. BORBIDGE (Surfers attendance at corporate boxes and meals at Paradise—NPA) (Leader of the Opposition) local service clubs. Surely members of (4 p.m.): The Opposition will be supporting the Parliament have better things to do with their motion before the House. However, I would time than recording such events. These are like to take this opportunity to go through a bit trivial matters. of past history because, as is his wont in this On the issue of sponsored travel, it was place, the honourable member for Ashgrove, in seeking to score a few cheap political points, reported in the media that members of has managed to misrepresent the position of Parliament would be able to accept trips to the the previous Government and the coalition. Of Olympic Games without having to tell their all the members opposite, it is no wonder that electorates. This matter has now been laid to the member is the one being challenged for rest. Some members of the media and some preselection. He comes in here and seeks to members of the public are somewhat envious deliberately misrepresent the position. I cannot of members of Parliament. They do not seem remember ever seeing the member for to realise that members of Parliament have a Ashgrove attending a meeting of the coalition seven-day-a-week job and are called out at all parties, so how he could comment in this place times of the day or night. on what went on and what did not go on is for Surely, if a member of Parliament is given him to explain. a cup of tea or a meal at some social club the For the benefit of the honourable public does not need to know whether the member—and I will come to him in a minute—I member paid for it or not. I believe most will detail the very considerable response given members contribute more than they receive, by the previous Government. The fact is that, by virtue of buying raffle tickets and making for over 12 months following the change of contributions to different organisations. Government in this place, that response lay As I said earlier, we now have clearer dormant. I indicated that the Opposition would definitions of sponsored travel and be supporting this motion. We had given it accommodation. We are now required to some thought and, during the last sittings, report the source and purpose of the travel. I asked some questions. In respect to the think the best aspect of these concerns that we raised, we received certain recommendations concerns the disclosure of assurances from the Government, and I interests by members of Parliament. A accept those particular assurances. member could be a shareholder or have a However, for the benefit of the member controlling interest in the company. In that for Ashgrove, I have with me a letter dated 22 case the member has to declare the name of April 1998 signed by me, when Premier, the company. Where the shareholding addressed to the Clerk of the Parliament, constitutes a controlling interest in the which states— company, the member has to declare the name of the company. Members also have to "Dear Mr Doyle, declare shareholdings in any other companies. I enclose a copy of my Ministerial Where shareholdings or interests are held in a response to the Members' Ethics and private company, the fact of the investment Parliamentary Privileges Committee has to be disclosed but the value of the Report on the Review of the Register of 1856 Members' and Related Persons' Registers of Interests 25 May 1999

Members' Interest of the Legislative He said it aimed only to relieve MPs Assembly. of declaring 'trivial things' like free cups of Could you please take the necessary coffee at morning teas and the meals steps to table this response." MPs received at speaking engagements and functions." The date stamp states that the letter was received by the Legislative Assembly on 24 They are the words of Mr Beattie as reported April and, I believe, tabled in this place on 12 in the Sunday Mail. However, what May. In that report, the previous coalition happened when the Premier decided that he Government accepted 19 out of the 21 would announce these new guidelines? recommendations proposed by the committee. According to the Sunday Mail, it was a trivial change, but when the Premier announces After nearly 12 months of a Labor that, nearly 12 months into office his Government—12 months after the report was Government had got around to accepting one tabled—that Government has accepted 18 out fewer recommendation of the parliamentary of the 21 recommendations. I will not argue committee than the previous coalition over the difference between 18 and 19. Government accepted, the press release However, I make the point that the comments states— of the member for Ashgrove are not factual. He denies the fact that the previous "Super tough guidelines for Government gave a formal and detailed Queensland politicians. response in regard to this matter. State Cabinet today agreed to super- tough honesty and accountability Mr FOURAS: I rise to a point of order. I guidelines for Members and Ministers." find the comments by the Leader of the Opposition offensive and untrue and I ask for So we have a choice: we can believe the a withdrawal. Premier, who, in the Sunday Mail on 11 April, states that the changes are only trivial, or we Madam DEPUTY SPEAKER (Ms Nelson- can believe the Premier in his press release of Carr): Will the member withdraw? 19 April where the changes contain super Mr BORBIDGE: They are true, but if the tough honesty and accountability guidelines. member finds them offensive, I withdraw. According to the Premier, the guidelines will do However, I state that, contrary to the this and they will do that. comments made by the honourable member I believe that there has been a lot of for Ashgrove about the lack of action by the duplicity and a lot of politics in regard to this previous Government in respect of this matter, matter. The simple facts are—and I will recount on 22 April 1998, on behalf of the previous them—that the previous coalition Government Government, I responded and that response signed off on 19 of the 21 recommendations. accepted 19 out of the 21 recommendations. A couple of weeks after that, the Parliament It sat on the table and was not acted upon in was dissolved and we went to a general the nearly 12 months that Labor has been election. Twelve months into the term of the back on the Treasury benches. So the facts as Beattie Labor Government, 18 out of the 21 I have recounted them seem to be at odds recommendations are agreed to. On 11 April, with the particular version given by the the changes are described by the Premier as member for Ashgrove in this place today. trivial. On 19 April, they are described as super While I am dealing with hypocrisy, tough. I think that just shows the plastic duplicity and cheap political point scoring, I performance of the honourable member for want to say a few things about the Brisbane Central in dealing with issues of involvement of the member for Brisbane accountability in this place. Central, the current Premier, in regard to this In conclusion, I think that the mix is matter. Of course, a series of articles about basically pretty good. The reality is that, from this matter appeared in the Sunday Mail. One my experience of the pecuniary interests of those articles states— register, most members err on the side of "Premier Peter Beattie is under fire caution. Members have probably declared over a rule change that will allow MPs to things that may not necessarily be declarable accept perks without declaring them." under the rules that applied at the time. However, I make the observation that in my The article goes on to state— view, and from my understanding of the "Yesterday the Premier said the situation, members on both sides of the House change would not stop MPs declaring any have been responsible. I take exception to the conflict of interest they felt these benefits contribution of members such as the might bring. honourable member for Ashgrove, who seeks 25 May 1999 Members' and Related Persons' Registers of Interests 1857 to portray this motion as an act of Labor purity the Standing Order that was replaced with against the odds of the former evil coalition Standing Order 158, which was taken from the Government. That does the member no credit House of Representatives Standing Orders. I at all. As I have detailed in regard to the facts notice that the current Government, like the of the situation as compared to the former Government, accepted it rather than contribution to this debate made by the the recommendation of the Members' Ethics honourable member for Ashgrove, the record and Parliamentary Privileges Committee. To speaks for itself. be fair, it was a very complex Standing Order Mr BEANLAND (Indooroopilly—LP) that, from time to time, would have placed (4.09 p.m.): Today we are debating the members of this House in a lot of trouble. Government's response to the Members' Under that order, one needed to know every Ethics and Parliamentary Privileges Committee detail of every debate about which one was report No. 2, which was tabled in this House in participating in a division. That is not always October 1996. The former National/Liberal possible for a host of reasons, including the coalition Government that the Leader of the fact that sometimes one may be tied up in Opposition, Mr Borbidge, referred to a few committee meetings and so forth when the moments ago, some weeks prior to the last House is meeting. Other activities such as State election reported to the House on its meetings with Ministers make it impossible to recommendations as outlined in that report. know every detail of every division. I think the Our Government accepted 19 of the 21 new Standing Order resolves the problem. recommendations. I mention that because the When in Government, we accepted it and it member for Ashgrove seems to be unaware of has been accepted by the current these matters as he unfortunately has made Government. some a very ill-advised statements in this A recommendation that was not accepted place. by the Government, but which we accepted and which the Premier has commented on, As a Government, we accepted 19 of the 21 recommendations. Two of those relates to the definition of sponsored travel recommendations have not been accepted by under clause 7(k) of the motion. It is fair to say this Government. One relates to a register of that there has been a great deal of ministerial interests, as we already have a grandstanding by the Premier in relation to this members' pecuniary interests register. I can particular clause. As the Leader of the understand why the Premier did not accept Opposition has just said, the Premier's that, as we did not accept it. There is no such superlatives have ranged from trivial through thing as a secret pecuniary register, whether it tough, toughest, the most tough to super is for Ministers or somebody else. The moment tough. Clearly, changes have been made and that a register is made, people will demand to the Opposition accepts those changes. We have gone from reporting on sponsored travel, see it and they will demand that it be made accommodation or meals, sporting or cultural public. There will be FOI applications, judicial entertainment over $500 to reporting all reviews and all sorts of things that will make sponsored travel or accommodation. That is that register public. It is just creating a rod. I fairly clear cut and should not involve members believe that in this day and age it is not in a great deal of bookkeeping requirements. It acceptable to have that sort of situation. If we is fairly easy to keep track of such figures, with are going to have registers, they have to be the exception of upgraded airline travel and made public. I do not believe that that register would have achieved anything more than the upgraded accommodation, which is being current register achieves, which is open to the excluded. I am pleased that the Leader of public whether the information relates to a Government Business has exempted those Minister or a backbencher. It was proposed items because, as he so rightly put it, we travel that the register stipulate an amount of around a fair bit and we would not know what money. To you, Madam Deputy Speaker, or to accommodation we have been booked into. If me, $100 is a lot of money. However, to a member's accommodation were upgraded, someone like Kerry Packer it is merely petty he or she simply would not know. Members cash. To him it might be the equivalent of could have been caught out. It is important $1m. To some in this place, $1,000 may seem that, in moving these types of amendments, we make every effort to abide by the a lot of money and $100 may not seem all requirements of the Parliament. We do not that much. We have to appreciate that want to trap members and, realistically, any difference. one of us could have been placed The other recommendation that was not unintentionally in such a situation. It is fairly accepted by either Governments was that of clear that keeping track of sponsored travel or 1858 Members' and Related Persons' Registers of Interests 25 May 1999 sponsored accommodation should not be too they receive. That is why the former onerous a task. Government put forward the proposals and it is Changes have been made in relation to why we on this side of the House support the requirements relating to meals, and them. As for the toughest, the super toughest sporting or cultural entertainment. Many and the trivial, I suggest that the Premier is members go to various types of reacting to his friends at the Courier-Mail or entertainments. One example that springs to Sunday Mail in relation to these items. mind involves members attending Mrs LIZ CUNNINGHAM (Gladstone—IND) performances at the cultural centre. Who (4.18 p.m.): I move the following amendments knows what the cost of those activities are? circulated in my name— Who knows what the entrance fee to such "(a) That in the definition of 'sponsored functions is? I have no idea of the price of travel' the words 'meals or sporting or tickets that I receive from time to time. If a very cultural entertainment' be deleted; low limit is placed on such activities, members and may unintentionally breach the requirements. We have to be clear and concise about this. I (b) In section 7 'Disclosure of Interests' know that the former Members' Ethics and section (j) after the word 'gifts' the Parliamentary Privileges Committee set a limit words 'hospitality, meals, sporting or of $500 to try to ensure that members were cultural entertainment' be added and not trapped in that way. However, that results also the sum of '$500' be deleted in onerous bookkeeping requirements. Of and the sum of '$100' be inserted." course, those requirements do not just relate The amendments deal with two specific to one specific function; they also apply to any matters. Those matters are perhaps the ones related functions. One might attend a function that, in terms of a member's work, the today and in six months' time one might go to community finds the most difficult to get a another function involving a related company, clear understanding of. They also find it the but one may be unaware of that relationship. most unpalatable when they believe that One is often invited to different functions by members are abusing the position that we different companies. There is a close hold. relationship between many companies. Of course, under this motion members would The first amendment deals with the have to report on all attendances. That needs definition of "sponsored travel". The Leader of to be picked up and we need to keep it in Government Business has excluded from the mind. definition meals, sporting or cultural entertainment. The first time that this matter For all that has been said by the Premier, was raised by the member, there was a it has taken almost 12 months to get this reaction from the media in particular, because motion into the Chamber. All the hard work the motion was put through with a great deal had been done by former Premier Borbidge of haste and not a great deal of comment. and his Cabinet. We sat up late working on the That particular element was targeted as motion. I suggest that the Premier ought to presenting an opportunity for the Parliament to burn a little of the midnight oil and do a little of pass a motion with haste to allow the hard work, as the former Government had indiscriminate attendance at the Olympic to do in relation to this matter. All that the Games in particular without a necessity or an Premier had to do was pick up the report that obligation to report. was tabled, and that took him 12 months. It shows that the Government has been a bit Irrespective of what provoked the slack. I read in the paper today that "truancy" revisiting of this issue, I thank the Leader of is the in word and there has been a little the House for giving us the opportunity to truancy in relation to this matter. adopt a more considered approach. I think the community will accept the outcome as being I have covered most of the issues that I one that was well considered rather than as wanted to raise. It is fair to say that the something that was decided hurriedly and proposed arrangements tidy up the current without a clear explanation being given by the arrangements and add greater transparency and accountability. All members ought to be mover of the motion of the reasons for the able to adhere to these requirements without amendment. getting themselves into difficulties and without My second amendment relates directly to having to keep onerous details and records, the disclosure of hospitality, meals and whilst at the same time being up-front about sporting or cultural entertainment. In letters to their arrangements, whether they be travel or the editor and in editorials in the Courier-Mail in some other type of arrangement or gift that April and March, quite a bit of angst was 25 May 1999 Members' and Related Persons' Registers of Interests 1859 expressed not only by a member of the reply: I thank the Opposition for its support for community but also by the writer of the the motion that has been moved. I will deal Courier-Mail's editorial about the fact that it briefly with the amendments moved by the appeared that the Parliament was member for Gladstone. I agree with her that, endeavouring to get around obligations to yes, there was a bit of an outcry when I moved disclose hospitality, meals, and sporting or the amendment to the original resolution. It cultural entertainment above a reasonable was a beat-up then and it is a beat-up now. value. I am sure that the mover of the motion, The reason it was moved in that way was that I the Leader of the House, will respond to the saw it as a very simple amendment which was issues that I have raised. explicable in itself. Yet a journalist was able to In respect of hospitality, meals, and take hold of that and say that we were going sporting or cultural entertainment, the to get free trips to Sydney to go to the Olympic proposed amendment to subsection 7(j) Games. If anyone actually read the amended reintroduces an obligation to declare such motion, they would know that that was not true entertainment. The amendment also proposes and not possible; that any sponsored travel to reduce the ceiling from $500 to $100. Most and accommodation would still need to be people in the community would feel that a made public and declared. Yet the Courier- meal or entry to a sporting event worth in Mail ran that story and, yes, there was an excess of $100 is significant. Most individuals outcry. People did not believe the motion that I would not go to a function and spend $100 had moved; they believed the story that was in per person on a meal. They would view access the newspaper. to a sporting event in the same light. If the My first mistake was that I believed that entertainment or meal is worth over $100, it the journalists would have been smart enough perhaps should not be on the front page of to know what it meant. I guess I made a the Courier-Mail. However, there should be an terrible mistake. Secondly, I thought they obligation on members to declare such gifts. would have been decent enough to ring me I value some of the comments made both up and ask me for an explanation. I was wrong privately and publicly by the Leader of the also on the second count. That is how we House. Some weeks ago, when the motion to ended up with a story in two newspapers that dramatically change our reporting obligations was wrong, wrong, wrong. was moved, it was highlighted that members What we are talking about in relation to already had an obligation to report in respect the amendment moved to the original 1989 even of such things as a cup of tea at a CWA resolution, and which is included in the motion meeting. According to the letter of the law, but that I have moved today, is the exclusion of perhaps not according to the spirit of the law, the requirement for members to have to that was our reporting obligation. I have been declare their attendance in respect of every here for only four years. I have never declared function in relation to which they do not pay for a cup of tea at a CWA meeting, and I did not their ticket. The member for Gladstone spoke even believe that such an obligation existed. I about costs. One of the things that many of us can understand the need to clarify that. In do not know in relation to the functions to undertaking our normal day-to-day which we are invited is the cost. When we are responsibilities, we are often given hospitality. invited to a function, we do not know what the That may only be of a very humble or a minor cost is. If we are invited to the theatre, we do nature. However, according to the letter of the not know what the cost is. If we get invited to a law that existed at the time, we had an box at the football, the cricket or the tennis, we obligation to disclose that and we were not do not know what the cost of that is. Certainly, doing so. It certainly needed some attention. to the person who has the box it is much more expensive than a normal ticket. What are we As I said, I am moving these going to do, ask them each and every time, amendments to reflect community concerns "Will you tell me the cost of this to you so that that hospitality, meals, and sporting or cultural I'll know whether I have to declare it?" entertainment in excess of $100, not in excess of $500 as is proposed, should be declared. I Every time we open something or other will be guided by the response of the House. and we are given a gift, I get sick of the jokes that people make—in front of 100, 200 or 300 Mr PAFF (Ipswich West—ONP) people—that whatever we are being given is (4.23 p.m.): I second the motion of the not in a brown paper bag and is not worth member for Gladstone. I agree with both much. Everyone who makes such a remark amendments. thinks that they are making their own joke; Hon. T. M. MACKENROTH (Chatsworth— every time we go to a different function, the ALP) (Leader of the House) (4.23 p.m.), in same joke is told. Be that as it may, that is 1860 Statutory Instruments and Another Act Amendment Bill 25 May 1999 something we accept as a part of politics. We pay $190 for that. I would really like to meet do not know the cost, and I do not propose the person who would pay $190 for that." that we should have to find out. In the end I said to one of my staff, From 1989 or 1990 members of "Look, the artist's name is on that. Ring up the Parliament did not declare free tickets to artist and say you are really impressed with this functions and sporting or cultural events. Yet piece of art that you had seen in a Minister's all of a sudden someone put an interpretation office and ask how much it was worth." The on it that perhaps that is what it meant. I answer came back that it was $65. So I sent it moved that motion to clarify that situation so back over to have it revalued. Do honourable that people would not be saying that. I think it members know what they came back with? is reasonable. In respect of all of the functions $95! Not $65, which was what was actually I have attended, I have never felt indebted to paid for it, because they did not want to admit anybody. That is what we are talking about that they were wrong. That is the situation we with a statement of interests—whether are put in. somebody has built up a situation whereby Ministers are in a different position. It is they owe somebody something such that, the Ministers who are making the decisions when they are making a decision, they have a every week in Cabinet. It is the Ministers who debt or could be perceived to have a debt to are making the Government policy decisions somebody. I do not think that we are in any and the decisions on where Government way compromised by accepting a ticket to go money is spent in terms of contracts. That is to an industry ball or a luncheon. I attend why there is a higher barrier for Ministers than luncheons all the time to speak about there is for other members of Parliament. I do Government policies. When I was a shadow not see anything wrong with that. I think that Minister in the Opposition I did the same thing. that is perfectly reasonable. For that reason, Should I have to go up to the boardroom of the Government will not be supporting the one of our major companies and ask them, second amendment that has been moved by "Will you tell me how much this luncheon costs the member for Gladstone. I hope that she today and what my portion of it would be so can take in goodwill the reasons that I have that I can work out whether I have to fill out a given. form?" I think it would be silly to do that, and we should not have to do it. Amendments (Mrs Cunningham) negatived. The next issue is the issue of $500 and $100. $500 is the figure for gifts and it has Amendments (Mr Mackenroth) agreed to. been there right throughout the nineties. Right Motion, as amended, agreed to. throughout the nineties there has been a separate ministerial requirement that gifts of $100 and more are not accepted. The STATUTORY INSTRUMENTS AND ANOTHER difference is that anyone other than a Minister ACT AMENDMENT BILL can actually accept a gift over $100. If it is over Second Reading $500, or a combination of gifts over $500 in a year from one source, they have to declare it. Resumed from 13 April (see p. 957). For Ministers it is different. If they receive a gift Hon. R. E. BORBIDGE (Surfers that is worth $100 or more, they have to give it Paradise—NPA) (Leader of the Opposition) to the State or pay what it is worth. Then they (4.33 p.m.): I will not delay the House unduly in can buy it back from the State at the respect of this riveting piece of legislation, the wholesale price that is put on it by the Statutory Instruments and Another Act Ministerial Services Branch. I will give members Amendment Bill 1999, which appears to have an example of how that branch values things. been one of the few decisions to come out of I had a gift given to me one day, and I will Cabinet over the past few months. not say what it was because I would not want An Opposition member: Are you sure it's to embarrass anyone. I was given this gift. It not one of ours? was a piece of art; I will say that much. I sent it Mr BORBIDGE: It is somewhat similar to over to have it valued. It was valued at $190. It came back and if I wanted to buy it, I could other pieces of legislation that have been very pay $90, which was the difference, and I could well written and presented to this place. keep it. I thought, "I really do not want to do It is always sensible to regulate that. I am not that impressed with it. We can subordinate legislation. This is a primary keep it in the office. I will hang it up in the function of the administrative side of office." I hung it up in the office and every day Government. It is something that any I walked past I thought, "I wonder who would Opposition will support in general terms as 25 May 1999 Statutory Instruments and Another Act Amendment Bill 1861 being for the benefit of the State, and we do unduly delay the business of the House and, so in this instance. But we are also mindful of for that reason, the Opposition will be the need—particularly under this Government, expediting the passage of the Bill. which has raised obfuscation to an art Mr NUTTALL (Sandgate—ALP) form—to be ever watchful for legislative sleight (4.37 p.m.): As a member of this Parliament of hand, and not just for sleight of hand for who was once a member of the Subordinate measures that the Government might hope to Legislation Committee, I could not let the slip through unnoticed; we also need to be opportunity pass without commenting on this watchful for convenient elements of legislation. Bill before the House this afternoon. As we all Just as an example, chiefly for illustrative know, those people who have served on that purposes—as I said at the outset, the committee know how riveting that is from time Opposition will be supporting this Bill—I point to time. out that there is provision in this Bill for the relevant Minister to be let off the hook if he or This Bill will ensure the continued she fails to perform. I refer to the provision for effectiveness of the regulatory review process replacement of section 56, Exemptions from that is required under Part 7 of the Statutory Expiry, under which in clause 3 the relevant Instruments Act of 1992. That part of the Act Minister must table a report in Parliament requires that there is a regular review of within seven sitting days of the making of the Queensland subordinate legislation, and that regulation granting an extension. The happens by causing most of the legislation to extension regulation will not, however, be automatically expire 10 years after it was invalidated by a failure to comply with this made. Any subordinate legislation that is still requirement. In other words, a malfunctioning relevant must be replaced before it expires. Minister has legislative protection for the Unless subordinate legislation is uniform with consequences of that malfunction—a cosy that of the Commonwealth or another State, little arrangement and sensible, too, given the the Statutory Instruments Act will only allow it performance envelopes of some of those who to be preserved for one extra year. That is on currently occupy the Treasury benches. the basis that either replacement subordinate legislation is being drafted and will be made We take on board the Premier's view before the end of that year or that it is not expressed in his second-reading speech on 13 being replaced at all. Under this scheme, April that a major aim of Part 7 of the Statutory subordinate legislation began expiring from 1 Instruments and Legislative Standards July 1998. Amendment Act, the Act introduced by the Goss Government in 1994, was to reduce Part 7 of the Statutory Instruments Act unnecessary regulatory burden on the allows subordinate legislation which is business community. The Premier also takes substantially uniform or complementary with the view that, without the amendment now legislation of the Commonwealth or another before the House, the necessary regulatory State to be exempt from expiry for periods of review regime may have the opposite effect. It up to five years. Clause 9 of the Bill inserts the is pleasing to see that the Government is definition of "uniform subordinate legislation" interested in relieving business of unnecessary into Schedule 3 of the Act. This definition burdens. It is a pity that its intentions in this differs from the present definition in that it area do not extend to the principle of clearing states that "uniform subordinate legislation away other burdens—industrial burdens, for includes subordinate legislation which is example—which are about to be significantly declared under a regulation to be uniform". increased. We note also that most of the This amendment will ensure certainty in the remaining subordinate legislation is made extension of uniform subordinate legislation by under an Act being extensively reviewed for reducing the risk of legal argument in relation compliance with National Competition Policy. to the validity of the extension of an instrument Perhaps we can look forward to further on the basis that it is uniform. changes on that front being required in The Scrutiny of Legislation Committee subsequent legislation. has suggested that clause 9 is a Henry VIII This Bill also amends the Transport clause. That is on the basis that the committee Infrastructure Act of 1994, which is basically considers that the criteria stated in the first part the Act that regulates Queensland ports. of the definition are subject to displacement by There are some elements in that legislation, as regulation. It is intended that the regulation- it is proposed to amend it, that deserve making power will only be used in those rare particular scrutiny. Essentially, this legislation is circumstances where there may be a degree not dissimilar to that which has been proposed of uncertainty as to whether or not an in the past. I think it would be unreasonable to instrument meets the objective criteria. It is 1862 Statutory Instruments and Another Act Amendment Bill 25 May 1999 certainly not the intention that the power could when there are checks in place to ensure that be used to declare an instrument to be this extension of legislation is not used uniform in circumstances where it is clear that inappropriately. It would be inappropriate, for the instrument does not meet the objective example, for this Bill to be used to cover up a criteria. failure on the part of a Minister to do his job or I understand that at the Committee stage to hide difficult legislation under the carpet for the Premier will move an amendment to clarify a year. Strict guidelines for the extension of that a regulation may only declare an legislation are required, as are checks to instrument to be uniform if there are ensure that the institution of Parliament is kept reasonable grounds for considering it to be informed as to what legislation is being uniform. Nonetheless, the Scrutiny of extended and why. Legislation Committee has advised that it Except for a minor change, which I shall considers that the amended clause is still a seek to make during the Committee stage, Henry VIII clause. Clause 9 is not a Henry VIII proposed new section 56A seems to cover clause, as the regulation-making power merely these aspects adequately. My cause for allows particular subordinate legislation to be concern is proposed subsections 56A(4) and added to the list of instruments considered to 56A(5). Quite rightly, proposed subsection be uniform subordinate legislation. It does not 56A(4) requires the Minister to table a report in change the statutory definition of uniform the Legislative Assembly within seven days of subordinate legislation, nor its effect. This is the extension regulation being made. indeed consistent with the view of the Proposed subsection 56A(5), however, states committee expressed in its report on the use that failure to comply with subsection (4) does of Henry VIII clauses in Queensland. While I not affect the validity of the extension may disagree with the scrutiny committee's regulation. This would indicate that it is not a technical viewpoint, this provision is, in any necessary requirement of the Minister to table case, justified by the need for certainty and a report explaining the extension regulation clarity. It is clearly in the public interest that within the required time. there be certainty in the extension of I believe it is necessary for this report to subordinate legislation affected by Part 7 of be tabled, in the interest of upholding the the Statutory Instruments Act 1992. institution of Parliament. Hence, I will be People have a right to know the state of moving an amendment that proposed the law, and this provision removes doubt subsection 56A(5) be omitted. As a result of about key aspects of uniform legislative the omission of this subsection, it will be schemes. The Statutory Instruments Act necessary for the Minister to table, within review regime is an important mechanism to seven sitting days of the extension regulation reduce the regulatory burden on the people of being made, a report stating how the Act is Queensland. I know that the former member being reviewed, the extent to which it is being for Caboolture, Mr Jon Sullivan, would have reviewed and when the Minister expects the relished this debate. This is a piece of review to end. I will also be moving an legislation that, while it may seem mundane in amendment to delete Henry VIII clauses from some areas, is indeed important for good law the Bill. in this State. I commend the Bill to the House. I believe that this legislation is required to Mr BLACK (Whitsunday—ONP) ensure that the renewal of subordinate (4.43 p.m.): I agree with the intent of this Bill. It legislation can be carried out practically and is necessary to ensure that subordinate economically. However, it is also necessary legislation is updated in a practical manner. I that it be carried out appropriately and with the am sure that the task which Part 7 of the correct regard for the purpose of this Statutory Instruments Act imposes each year Parliament. is not a small one and that the timing of Hon. J. FOURAS (Ashgrove—ALP) reviews often conflicts with the required (4.46 p.m.): The principal object of the Bill replacement dates of subordinate legislation. before us is to provide the flexibility required to To create new legislation to satisfy the Act ensure that the automatic expiry regime will when the current legislation is being reviewed complement other review processes. The and will be changed in a few months is simply Statutory Instruments Act 1992 currently a waste of resources and a waste of taxpayers' enables uniform subordinate legislation to be money. exempted from the usual 10-year expiry I agree with this Bill's increased flexibility, period. The Act's provision for exemption and and hence practicality, in relation to the extension of uniform subordinate legislation is renewal of subordinate legislation, especially more generous than for other subordinate 25 May 1999 Statutory Instruments and Another Act Amendment Bill 1863 legislation, where the maximum period for any Part 7 of the Act would be very limited. At single exemption is one year. This Bill inserts a present, an instrument may only be exempted new definition of uniform subordinate from expiry for a maximum period of one year. legislation by adding "or declared under a That is permitted on the basis that regulation to be uniform subordinate replacement subordinate legislation is being legislation." drafted and will be made before the end of the The member for Sandgate has described period of extension, or that it is not proposed how this Bill would broaden the grounds for that the instrument is to be replaced unless exemption. There may be criticism of the the instrument is substantially uniform or proposal to exempt the Traffic Regulation complementary with legislation of the 1962 from the operation of Part 7 of the Commonwealth or another State. This Bill will Statutory Instruments Act by including it in amend the Act to provide that subordinate Schedule 2A. In criticising similar exemptions legislation will be able to be exempted from granted to the Weapons Categories expiry for periods of up to one year on the Regulation 1997 and the Drugs Misuse basis that the Act or provision under which the Regulation 1987, the Scrutiny of Legislation subordinate legislation is made is subject to Committee stated that the practice of review. exempting subordinate legislation from the It is also proposed that instruments will be expiry regime should be discouraged. able to be exempted for subsequent periods However, this exemption may be justified on of up to one year if the principal legislation the basis that the Traffic Regulation 1962 is continues to be subject to review. The Bill will currently being extensively reviewed under a be criticised on the basis that it is significantly national scheme and will soon be replaced by extending the circumstances in which substantially template subordinate legislation. subordinate legislation will be able to be This Bill may also be criticised on the exempted from expiring automatically. basis that the proposed amendments will allow However, this increased flexibility will allow the reviews of subordinate legislation to be Ministers to better integrate the expiry regime postponed awaiting the outcome of broader with other review processes and will, therefore, legislative review processes. However, the promote more rational legislative review. ability to defer the review of subordinate Ministers should not have to remake legislation pending the outcome of a review of subordinate legislation prematurely. However, the principal legislation will promote more the Statutory Instruments Act does not provide rational legislative review. This is what the any ability to extend subordinate legislation Government wants to achieve by this affected by an ongoing review of the Act or legislation. provision under which it is made. The Bill also provides for greater The Beattie Government is serious about accountability in the extension of effective the task of reducing the legislative burden subordinate legislation. If subordinate placed on the people and businesses of legislation is preserved for more than a year Queensland. We want to achieve that in a very after the date it would otherwise expire on the sensible way. This is a piece of legislation that basis that it is affected by another review will expedite and provide a smoother running process, the responsible Minister is required to of the machinery of Government. I therefore table in the Legislative Assembly a report on commend this Bill to the House. the progress of the review. This will not only Hon. P. D. BEATTIE (Brisbane Central— ensure the continued effectiveness of the ALP) (Premier) (4.51 p.m.), in reply: I thank all automatic review regime; it will also provide members for their contributions to this debate. Parliament with information about the progress In particular, I thank Opposition members for of other legislative review processes. These their support. I will make some general amendments are a sensible enhancement to remarks and then outline two amendments the review regime. I am pleased to note that that I intend to move. Firstly, I shall deal with they are receiving bipartisan support. I the comments made by the member for commend this Bill to the House. Surfers Paradise. Mr FENLON (Greenslopes—ALP) The Leader of the Opposition was (4.49 p.m.): In his second-reading speech in concerned about the effect of proposed relation to the Statutory Instruments and sections 56A(4) and (5). These sections Legislative Standards Amendment Act 1994, require a Minister to report to the House details the then Premier, Wayne Goss, stated that the of a review of legislation that justifies an reasons for the exemption of subordinate exemption. Subsection (5) makes it clear that legislation from expiring automatically under a failure to report does not make the 1864 Statutory Instruments and Another Act Amendment Bill 25 May 1999 exemption invalid. The House will retain its committee considered that the clause would power to disallow the relevant regulation. breach the fundamental legislative principle Honourable members might be interested to requiring Bills to respect the role of Parliament. note that the proposed regulations will cover This amendment will make it clear that a any matters to be exempted. This will include regulation may only declare an instrument to subordinate legislation of many Ministers. It is be uniform if there are reasonable grounds for simply illogical for one Minister's failure to believing that this is the case. report to bring down the review work of other The regulation-making power does not Ministers. authorise an amendment to the statutory The Leader of the Opposition had his definition of "uniform subordinate legislation", usual cheap shot at these matters. and it does not change its effect. The clause Unfortunately, those sentiments seem to will not authorise the declaration that an dominate his contributions these days. I say instrument which is clearly not uniform is that with a sense of remorse and sorrow rather uniform. The clause merely allows an than criticism. More than anything else, the instrument to be added to the list of uniform honourable member could lift his game. He subordinate legislation in circumstances where could lift his standard. If he did so, he would there may be a degree of uncertainty as to feel better as a person. If he was more whether or not it meets the objective criteria. positive, he would feel better about these For example, all States may deal with the things. subject matter of a particular regulation in a Mr Fouras: I think he's happy when he's similar way, but variations across the miserable. jurisdictions may lead to differences of opinion about whether the regulation is substantially Mr BEATTIE: I am a good person. I try to uniform. It is clearly in the public interest that improve the quality of life of others. I am trying there be certainty in the extension of to give the honourable member some subordinate legislation under the Statutory unsolicited advice. I know that unsolicited Instruments Act. This clause will reduce the risk advice is not given the sort of respect that it of legal argument in relation to the validity of should be given. However, I am trying to the extension of a regulation on the basis that improve the member's general welfare, his it is uniform. The people of Queensland should demeanour, his appearance and, indeed, his be able to rely on the fact that after wellbeing. That is why I have made this subordinate legislation has passed through contribution—to help the Leader of the this Parliament, it is validly made. Opposition and member for Surfers Paradise. As I said, it is simply illogical for one Minister's Accordingly, I foreshadow two failure to report to bring down the review work amendments at the Committee stage: one in of other Ministers. That is the reason for this. relation to clause 4 and the other in relation to There is no need for cheap shots about clause 9. Again, I thank honourable members protecting people or otherwise. for their significant contributions to this debate. Motion agreed to. I thank the honourable member for Whitsunday for his contribution. The honourable member has moved an Committee amendment which, for the reasons already Hon. P. D. BEATTIE (Brisbane Central— stated, is not accepted and does not, for the ALP) (Premier) in charge of the Bill. reasons stated so fluently by the member for Sandgate and, indeed, the member for Clauses 1 and 2, as read, agreed to. Ashgrove, amount to a problem. Nevertheless, Clause 3— I thank honourable members opposite for their Mr BLACK (4.58 p.m.): I move— support of the Bill's intention. "At page 5, lines 25 to 26— In Alert Digest No. 5 of 1999, the Scrutiny of Legislation Committee reported that it omit." considered that clause 9 of the Bill was a Proposed new section 56A(4) of the Henry VIII clause, that is, a clause which allows Statutory Instruments Act 1992 requires the a provision of an Act to be altered by Minister to table a report in the Legislative subordinate legislation rather than by another Assembly within seven sitting days after the Act. The committee was concerned that, by extension regulation is made. Proposed new allowing a regulation to be made declaring an section 56A(5), however, states that failure to instrument to be uniform, the objective comply with subsection (4) does not affect the definition of "uniform subordinate legislation" validity of the extension regulation. This would contained in clause 9 could be displaced. The indicate then that the proposed subsection (4) 25 May 1999 Statutory Instruments and Another Act Amendment Bill 1865 does not necessarily require a Minister to table "Without limiting subsection (1), a a report about the extension of a regulation regulation may declare subordinate within the required time. legislation to be uniform subordinate As I believe it is necessary for this report legislation for this Act." to be tabled in the interests of upholding the It goes on to say— principles and functions of Parliament, "... if there are reasonable grounds for proposed new section 56A(5) should be considering the subordinate legislation to removed. Hence, the Minister will be required be uniform subordinate legislation." to abide by section 56A(4) and table a report in this House regarding reviews and extension I think that is pretty clear. regulation within seven days of the extension Mr BEANLAND: I was not going to speak regulation being made. on this matter, but I have only now noticed the amendment moved by the Premier. I ask the Mr BEATTIE: As I indicated when I Premier why he does this if he does not responded to the member for Surfers believe that subordinate legislation is uniform Paradise, we would obviously not be subordinate legislation. After all, it says very supporting this amendment. The Leader of the clearly— Opposition was concerned about the effect of proposed section 56A as well. I said "... a regulation may declare subordinate then—and I repeat it now for the benefit of the legislation to be uniform subordinate member for Whitsunday—that these sections legislation for this Act." require a Minister to report to this Parliament Why would the Premier do this if he did not details of a review of legislation that justifies an think it was uniform subordinate legislation? exemption. Subsection 5 makes it clear that a What is he trying to get at with this failure to report does not make the exemption amendment? Is this a special from the invalid. As I said, the Parliament will retain its Premier? What is it? power to disallow the irrelevant regulation. I Mr BEATTIE: As the honourable member think that overcomes the concerns raised by knows, everything we do is special—special the honourable member. quality, special legislation. I am being a bit As I said before, honourable members facetious. It is simply a matter of making it might be interested to note that the proposed absolutely clear, that is all—nothing more, regulations will cover any matters to be nothing less, no sinister plot and no sinister exempted. This will include subordinate underlying layer of undetectable intention. legislation of any Ministers. It is simply illogical What the honourable member sees is what he for one Minister's failure to report to bring down gets. The Government is just making it the review work of other Ministers. I think I absolutely clear. covered the points that were raised when I Mr BEANLAND: I have seen some responded to the Leader of the Opposition. gobbledegook but this is another piece of The Government will not support the extraordinaire. I reckon this will make pretty amendment. good reading in Bottom Line, too, if the Amendment negatived. Courier-Mail wants to pick it up and use it. Talk about jargon! Talk about filling up documents Clause 3, as read, agreed to. with jargon! This is just a piece of jargon. I am Clause 4— not sure where the Premier said it came Mr BEATTIE (5.02 p.m.): I indicated in my from—perhaps from an Alert Digest, was it? summing up that there would be slight Quite frankly, if the Premier did not believe it amendments to clause 4 and clause 9. These was uniform subordinate legislation he amendments arose out of Alert Digest No. 5 of certainly would not put it in. We talk about 1999 from the Scrutiny of Legislation bureaucratese and all this sort of nonsense. Committee report. I move— We hear about people putting things in plain English in clauses. I am not sure what the "At page 6, line 16, after 'Act'— Premier intends to achieve, but the current insert— clause speaks for itself. If the Premier is trying to appease someone on the Scrutiny of 'if there are reasonable grounds for Legislation Committee, fair enough, but it does considering the subordinate legislation to not achieve anything more than the Premier be uniform subordinate legislation'." already has in the original amendment. If honourable members turn to page 6, they Mr BEATTIE: As you know, Mr Chairman, will see what the amendment refers to. The this Government listens to parliamentary words currently read— committees. This is an inclusive, listening, 1866 Statutory Instruments and Another Act Amendment Bill 25 May 1999 warm, fuzzy, cuddly type of Government and I to clarify the fact that uniform subordinate would not want anyone to conclude that, if a legislation can only be declared by regulation if committee of this Parliament comes down with there are reasonable grounds for considering suggestions that we look at things, we would the subordinate legislation to be uniform ignore it. This Government is not like that. We subordinate legislation. Rather than being a take them seriously. There are some filler, I believe it is an important qualifier to differences between New South Wales and ensure that rules and regulations that affect elsewhere. The issue was raised concerning the people of this State, which purport to be whether it was substantially uniform or not. We uniform subordinate legislation, are indeed decided to make it absolutely clear. We have that, and are not at the whim or fancy of any listened to what the committee had to say and Minister, whether in this State or any other we have responded. State. If we had not responded and the Mr BEATTIE: I thank the honourable committee's report was tabled in this member for Gladstone for that contribution. Parliament, the honourable member for Amendment agreed to. Indooroopilly would be in here saying, "Mr Premier, you are not listening to a Clause 4, as amended, agreed to. parliamentary committee of this Parliament." Clauses 5 to 8, as read, agreed to. Under those circumstances—— Clause 9— Mr BEANLAND: I rise to a point of order. That is what the Premier did when he was in Mr BLACK (5.08 p.m.): I move— Opposition. "At page 8, lines 3 to 5, 'or declared The TEMPORARY CHAIRMAN (Mr under a regulation to be uniform Reeves): There is no point of order. subordinate legislation'— Mr BEATTIE: This is about doing the right omit." thing. This is about listening. I moved my amendment because I am in Mr Bredhauer: Something about which agreement with the Scrutiny of Legislation the former Attorney-General knows little. Committee's Alert Digest No. 5 of 1999. The Mr BEATTIE: For him to talk about jargon committee reported— is extraordinary hypocrisy. I do not want to "The committee recommends that lengthen the debate on this issue. The part of the proposed definition of 'uniform Government has listened to the committee. subordinate legislation' authorising the This is about clarifying the matter for the making of regulations be removed from record. We have done that. the Bill." Mrs LIZ CUNNINGHAM: I want to reject To do so automatically requires the omission an accusation that has been made in this of clause 4, which exists only to give effect to Parliament. If the only reason for this the new definition of "uniform subordinate amendment is because it was a legislation". I understand the Minister's recommendation of the Scrutiny of Legislation explanation for the existence of these clauses, Committee, I want to stress that it is an according to the Explanatory Notes to the Bill, important amendment. It is not so much but unfortunately I concur with the committee. twaddle and it is not so much filler. The clause I believe that the ability to determine that it seeks to amend merely says this— something to be uniform subordinate "Without limiting subsection (1), a legislation by regulation does not have regulation may declare subordinate sufficient regard for the institution of legislation to be uniform subordinate Parliament. As was also pointed out by the legislation for this Act." Scrutiny of Legislation Committee, whether or It gives no qualifiers. It simply says that there not a piece of legislation is uniform could be an arbitrary move made to declare subordinate legislation is significant as the subordinate legislation to be uniform extension varies from one to five years. subordinate legislation. This Parliament, Mr BEATTIE: Let me respond to what the together with many other Parliaments in honourable member for Whitsunday said. In Australia, is affected by uniform legislation. the scheme of things, in terms of this clause, Elected members can be excluded from a the member's amendment means nothing. decision-making process because of an The Government's amendments deal already agreement made by Ministers in particular with the concerns that Mr Black, the member portfolios and uniform legislation is brought for Whitsunday, has raised. In fact, if they were into being. The intention of this amendment is agreed to, the proposals put forward by the 25 May 1999 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 1867 member for Whitsunday for clauses 4 and 9 surface coalmines is a retrograde step. In his would cause serious administrative problems. letter of 8 March 1999 to the Minister, he In responding to the concerns of the stated that safety management plans are the Scrutiny of Legislation Committee, we have most effective means of ensuring a safe and done the right thing and put forward healthy working environment. amendments and, in doing so, retain Mr Roberts is also strongly against the administrative efficiency. penal provisions contained in clause 34 of the I move the following amendment— legislation, stating that penal provisions will— "At page 8, line 3, after 'regulation'— "Severely hinder the task of the Mines Inspectorate and that of any inquiry insert— held into what may appear to be a breach 'under section 59(2)'." of the legislation. Clearly it is counter- Mr BEANLAND: Can I just briefly ask the productive and the only outcomes, in my Premier, because I do not have the Act with opinion, would be wasted energy and me, what does section 59(2) relate to? Can I unnecessary legal expense. Such energy just have a very brief explanation of that? and moneys would be best applied to managing risk to safety and health. Mr BEATTIE: That relates to the regulation-making power. It will not facilitate an inquiry into the cause of an accident nor will it help in Amendment (Mr Black) negatived. preventing a recurrence. Based on Amendment (Mr Beattie) agreed to. significant personal experience, I strongly Clause 9, as amended, agreed to. recommend that this section be Schedule, as read, agreed to. removed." Bill reported, with amendments. Mr Roberts states further— "There is no case for using penal provisions to try and improve safety and Third Reading health of mine workers." Bill, on motion of Mr Beattie, by leave, I wonder why the Minister did not take any read a third time. notice of such an experienced and knowledgeable consultant and former chief COALMINING SAFETY AND HEALTH BILL inspector. Mr Roberts' letter also condemns MINING AND QUARRYING SAFETY AND the Minister for allowing only CFMEU members HEALTH BILL to vote for and select the industry safety and health representative. That is unfair to any Second Reading (Cognate Debate) mineworker who is not a member of the Resumed from 29 April (see p. 1622). CFMEU and is a clear breach of the Mr BLACK (Whitsunday—ONP) recommendations contained in the black coal (5.13 p.m.): There is no doubt that the industry report, which recommended that the Queensland mining industry is very unhappy role of employees in carrying out safety with the draft coalmining legislation and, inspections should not be restricted by contrary to what the Government would have regulation to union members. members believe, even unhappier with the It is absolutely outrageous that the lack of consultation between the industry and union's party, which has never ceased to fire the Government. There is also no doubt that allegations of discrimination at One Nation, the Government was made aware of the now seeks to disfranchise mineworkers just serious flaws in this legislation from the point of because they do not belong to the Minister's view of the mining companies, as the preferred union. For these reasons, One Government has received submissions from Nation opposes this legislation in its current the Queensland Mining Council, among form and I will be circulating amendments in others. my name during the Committee stage. For the benefit of the House, I point out Mr MALONE (Mirani—NPA) (5.15 p.m.): that the Minister also received a submission Workplace health and safety is a matter of from Ieuan Roberts, a mining consultant with utmost concern to all industries, but it is 50 years' experience in underground and especially so in the mining and quarrying open-pit coalmining, including a stint as the sectors. This is due in part to the tremendous Queensland Chief Inspector of Coal Mines importance of these industries to our State's from 1976 to 1981. Mr Roberts maintains that economy, the fact that there are quite distinct the reintroduction of statutory officials into mining communities throughout central and 1868 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 25 May 1999 northern Queensland, and also because of the The decrease in the figures for terrible mining accidents that have occurred underground coalmines has been far less and which all Queenslanders would remember spectacular, with a drop from 278 to 236 in the vividly. same period. However, it is important to point out that between 1994 and 1997, the figures Work on these Bills has been going on for were actually in excess of 278 for each year. eight years. Just before the last State election, From a total work force of around 11,000, the then Minister for Mines and Energy, Tom there were 351 lost time injuries reported in all Gilmore, had concluded discussions with all metalliferous operations and quarries in the interested parties in the production of draft 1997-98 period. There were improvements in legislation. That legislation forms the basis of all sectors in this industry in the same period, these cognate Bills. However, if the Beattie with the exception of the underground Government had adopted the legislation metalliferous mines. Looked at over a five-year produced by Tom Gilmore and his department, period, one can see that there have not been today we would be debating a far better any significant improvements in the legislative package. Instead, the member for metalliferous area, either above or below Mount Isa has seen fit to include in both ground. The only beneficial exception was in pieces of legislation provisions designed to the quarrying industry, which had a very good meet the demands of the union movement in drop from 50 to 26. It appears that these general and the CFMEU and the AWU in figures are on sustained development. particular. From those figures it is very clear that by In all legislation involving industrial matters far the biggest risk exists in industries with there are varying degrees of compromise underground operations. The lost time injury between the demands of various pressure frequency rate for surface coalmines is only groups. This legislation is no exception, and I about eight, but for underground coalmines it do not criticise it on that basis. However, the is 39. Likewise, the time lost frequency rate for horse-trading that this Government has surface metalliferous operations is 13, yet for engaged in to meet the demands of the union underground metalliferous mines it is 19. Many movement has significantly compromised the of the injuries in open-cut mines have resulted effectiveness of these Bills. The compromises from vehicle roll overs and collisions, whereas agreed to by the member for Mount Isa in underground mines there are numerous represent a retrograde step that will hamstring risks ranging from electrical cable flashes and these industries and place impediments in the the ignition of methane gas to terrible machine road to a safer workplace. These Bills accidents. represent an attempt to cement into the I mention the last item because I recall workplace not safer workplace practices but with horror the story of Brant North, who had the central role of the union movement. All in both legs amputated after being entangled in all, these Bills contain provisions that should mining machinery some 400 metres never appear in workplace safety legislation underground at Oakey Creek earlier this year. and which devalue the whole legislative In a two-hour operation, while he was still package. entangled in the machinery, a Flying Doctor Before I comment on these disappointing team removed this very brave man's legs provisions, I would like to comment briefly on using only local anaesthetic. All who read the current state of workplace safety in our about the way in which that young man mines and quarries. According to the latest conducted himself both during that statistics that I have been able to obtain, over unbelievably terrible time and since must be the past five years there have been significant touched to their very core. Of course, in recent improvements in workplace safety in the days another serious accident has occurred in coalmining industry as well as the metalliferous central Queensland in which a 28 year old and quarrying industries. Most significantly, the man lost both legs in a similar incident. That greatest improvements have occurred over the was another terrible accident. Therefore, there past three years. During the 1997-98 financial is no doubt that improving workplace health year, out of a total work force of 9,000 people, and safety in our mines is a critical issue and there have been 369 lost time injuries in one on which there can be no partisan coalmines, which was a big improvement over disagreement. the 571 in the previous year. From a wider There are many positives in these Bills time scale perspective, the numbers in lost that will help to improve safety in the mining time injury in open-cut coalmines dropped from sector. When introducing the Bills, the Minister 408 in 1993-94 to 133 in 1997-98—a outlined a number of those positive moves. I remarkable result. particularly support the requirement for joint 25 May 1999 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 1869 employer and employee planning for health my comments to the metalliferous mines and and safety through the development of site quarries. specific safety management systems and a Under the Bill governing this industry, greater emphasis on on-site management there are quite detailed provisions dealing with risks. There would also be widespread support the establishment of site safety and health for the establishment of tripartite health representatives and committees. The site advisory councils to advise the Minister. safety and health representatives are elected In the context of the metalliferous and by workers on site. Those representatives must quarrying industries, the safety council will give obtain the necessary qualifications and have advice and make recommendations to the numerous functions including the inspection of Minister about promoting and protecting the mines, reviewing procedures and safety and health of persons working in mines. circumstances, liaising with management, To achieve this the council will, amongst other resolving health and safety issues, things, establish, recognise and publish the investigating complaints and referring health competencies accepted by it as qualifying a and safety matters. The role of the person to perform stated tasks and the safety representatives can be supplemented by the and health competencies required to perform safety committee of the mine, if that body is the duties of persons under the Bill. I think that requested either by a representative or by the a body such as this will be able to give the chief inspector. The Bill also requires certain Minister of the day sensible, relevant and duties to be performed by the most senior practical advice. It is appropriate that the officer employed by the operator of a mine council will have two inspectors. I support the who is called a site senior executive. All in all, specific statutory requirement that the council those provisions ensure that from the most must have a representative of the quarrying senior site management official down to the industry, as this should help to ensure that the workers there are positions and structures very commendable workplace health and designed to effect the continuous supervision safety strides that have been made in that of safety matters by the key stakeholders, who industry over the past few years are are the workers on site. consolidated. However, under the Bill, overlaying that I believe that there is total support for the sensible arrangement are district workers' philosophy underlying the Bills, which is to representatives. Those persons are nominated move away from a prescriptive and legalistic by a union or unions with members in the approach to safety, and instead emphasise a mining industry, which can be translated into duty of care that all participants in the industry plain English as the AWU. Those union have. It has long been a contention of many in nominated officials are appointed for up to four the industry that, by approaching mine safety years and are entitled to such remuneration from the viewpoint of very detailed laws and a and allowances as allowed by the Minister. hierarchy of people who allegedly were The retention of this obsolete union patronage responsible for safety, miners' safety was in position is a retrograde step. When one reads fact placed at risk. The suggestion is that the Bill, the matter becomes even more instead we should empower all people who disturbing. District workers' representatives will have a stake in the industry to participate in not be appointed under the Public Service Act mine safety, so that there is a culture from the nor will they be held accountable as a public top to the bottom that is aware of and servant would be, as those persons are not responsive to workplace health and safety subject—at least from my reading of the issues. Bill—to the same accountability mechanisms Like all good ideas, the devil is always in as public servants. I would like to know by what the detail and unfortunately these Bills are a means those persons will be held accountable good illustration of that. Despite the claims of for their actions and on what legal basis. the Minister and the Government that the Bills At the moment, district workers' will entrench a duty of care culture, it is clear representatives are only remunerated for the that in fact both Bills move in diametrically actual time taken by the representative in opposed directions. While on the one hand making an inspection or entering a finding in a there is an attempt to cement in place a duty record box and taking such further steps as of care culture, paradoxically there are may be required under the law of the numerous attempts to entrench a prescriptive representative. In other words, those union and reactive approach to safety by the appointed officers only get remunerated for retention of various statutory positions and the work that they actually perform. There is no requiring the involvement of union officials in nexus whatsoever in this Bill linking pay and the operation of the mines. Initially I will limit work performed. Apparently, those people will 1870 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 25 May 1999 be paid irrespective of any work being the Minister whether he intends to appoint performed or, more importantly, not being district workers' representatives to the board performed. and, if so, how many? However, Part 10 goes I ask the Minister to outline in his on to provide that an inspector who is a response what remuneration arrangements member of the board is not entitled to be paid are being proposed. In particular, at what any fees or allowances as a member, yet there salary level will these persons be paid and, if is no such disqualification for a district workers' there are to be different levels, on what basis representative. We have the discriminatory will those levels be determined? Will these situation of an inspector who is paid for by the workers be paid by the taxpayer for holiday taxpayer being precluded from double dipping; and sick leave? In the event of long service however, a union-appointed representative, leave, does the time they have been a district who is paid for by the taxpayer, is not. Why workers' representative count and will the should union representatives be allowed to taxpayers have to pay a pro rata amount? Will double dip when public servants are prohibited overtime be paid? Will general Public Service from doing so? Clearly, there is no justification conditions apply, including a rostered day off, for this at all, and this is yet another example meal allowances and the like? When we read of this Government bending the rules to look what the functions of district workers' after its union mates. representatives are supposed to be, we see Of even more concern are the enormous that they duplicate to a very large extent the police powers given to these union role of site safety and health representatives representatives. Under the Bill they are on the one hand and inspectors on the other. empowered to enter any part of a mine at any time to carry out their functions, which as I Before continuing, I note that I find it have mentioned are as wide as can be interesting that this Minister trumpeted to all imagined. In addition, they are empowered to and sundry just over a month ago that the examine any documents relevant to safety departmental inspectorate had been increased and health held by persons with obligations from 33 to 44 positions in anticipation of the under the Bill, and can copy safety and health legislation, and yet he sees fit to persist with a management system documents, including union nominated and dominated inspectorate standard work instructions and training records. in the form of district workers' representatives. As the Bill unfolds, it becomes clear that district However, of acute concern is the power workers' representatives will be given vested in these people to give a directive to enormous powers. any person to suspend operations in all or any part of a mine. I repeat that they can, even Firstly, in Part 10, which deals with the without giving any written notice and just by an Board of Examiners, there are a number of on-the-spot oral direction, close down a whole strange provisions. For those honourable mine or part of it. It is hard to believe that this members who are not aware of this, I point out Minister and this Government would actually that the Board of Examiners plays a key role in introduce a Bill into this Parliament that gives determining competencies for holders of to a union-appointed person the power with all certificates of competency, and assess or have the force of the law to go onto a mine site and assessed applicants for competency shut down operations. certificates. Currently, the types of certificates and licences that the board grants are as As disgraceful as that potentially is, even follows: first-class mine manager's certificate of more disconcerting is the fact that if a person competency, second-class mine manager's refuses to obey a directive and allegedly certificate of competency, limited mine obstructs a district workers' representative, they manager's certificate of competency, open-cut have in fact breached the law and can be examiner's certificate, mine electrician subject to being charged. There is even an certificate, mine surveyor certificate and a Orwellian provision included in clause 245 of winding licence. the Bill which makes it an offence for a person to "encourage or influence, or attempt to This body plays a critical role, yet this Bill encourage or influence, by general direction, states specifically that at least six of the promise of advantage, threat of dismissal or members must be currently engaged in the otherwise, a worker to refuse to answer mining industry, and then deems inspectors questions put to the worker by a district and district workers' representatives as being workers' representative". There is absolutely engaged in the industry. In other words, it is nothing in that clause about the clear that district workers' representatives, and reasonableness of the questions or the possibly more than one, are to be appointed behaviour of the district workers' to the Board of Examiners. I specifically ask representative. Any person reading this Bill 25 May 1999 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 1871 would find these provisions almost surreal and Mining Warden found that, under the manifestly unfair. Minister's stewardship, the Department of Of course, when we read clause 254 we Minerals and Energy was understaffed, discover that a district workers' representative underresourced and often ineffective. That is exempted from civil liability for any act done document is a damning indictment on the or omission made honestly and without inactivity and negligence of the Labor Party, negligence under the Act. So if our and these Bills show that the Labor Party and overzealous district workers' representative the Minister have learnt absolutely nothing incorrectly closes down a mine or part of it for a since then. Both of these Bills contain time and causes the loss of hundreds of provisions that will actually impede the creation thousands of dollars—— of a culture of safety in our mines and quarries. Time expired. It is no use for the Minister to come into Mr SANTORO (Clayfield—LP) (5.35 p.m.): this Chamber and claim that he is introducing Before commencing to deliver the substantive legislation designed to entrench a duty-of-care part of my contribution, I will acknowledge the approach to our mines when he superimposes remarks across the Chamber by the on that legislation a range of antiquated honourable member for Bulimba during the previous speech. He suggested that we on this statutory positions demanded by segments of side of the House indulge in union bashing. the union movement. These so-called The only union bashing that we on this side of statutory positions are in fact seen by the the House indulge in is against irresponsible CFMEU and the AWU as an industrial power union leaders and irresponsible unions. Our base and senior management positions for their members. It is outrageous and statements in this place have been consistent disgraceful that in workplace health and safety with the observation of this principle, and my legislation we actually see a closed shop for a contribution this evening will be no different particular union created—and by that I mean from any of my other contributions; that is, I will the CFMEU—in our coalmines. simply highlight cases of irresponsible unionism and irresponsible actions by I agree totally with the honourable irresponsible union leaders. member for Charters Towers, who made a very These Bills are yet another example that substantive contribution earlier on in this the Beattie Labor Government is well and truly debate that both of these Bills contain many controlled by the union movement in general provisions that all sensible people would and in particular by the AWU and the support. I particularly applaud the provisions CFMEU—although these days I think it is more designed to promote site specific safety the CFMEU than the AWU. These Bills should management systems as well as on-site have provided this Parliament with an management of risks. Anyone involved in opportunity to come together in a bipartisan health and safety will testify that it is critical that way and debate measures to improve a culture of safety is created throughout a work occupational health and safety for our mining force, and the emphasis in both Bills on industry. I know that some members opposite, employee involvement in safety at sites is very in particular the honourable member for desirable. Bulimba, aspire to a bipartisan approach. Likewise, I appreciate and support the However, when it comes to looking after their move to create a holistic approach to mine union mates, they cannot help themselves safety by including within the ambit of the Bills and they give it all away. all the various persons who have an influence There is no doubt that the existing on mine safety. Both of these Bills include legislation governing occupational health and within their ambit not just the particular workers safety in coalmining as well as general mining and managers on site, but also people who and quarrying is antiquated and desperately in supply goods or services to a mine or even the need of reform. As long ago as 1991, the eventual manufacturer of material supplied to Minister started a review of both pieces of a mine. It is a matter of plain commonsense legislation. However, in no small part the fact that, if we are to get safety in the workplace, that we are able to debate any legislation is we have to look at the whole picture and all of because Tom Gilmore, the former member for the various participants who contribute either Tablelands, had legislation ready when the last to safety in the workplace or risks. State election was called. I rise today not just because I am deeply The current Minister's record on mine interested in and concerned about mine safety was totally discredited by the inquiry into safety, but also because I was previously the the 1994 Moura underground disaster. The Minister responsible for workplace health and 1872 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 25 May 1999 safety generally. There has long been a its age. The improvements made to workplace debate as to whether there should be health and safety by the industry have been separate occupational health and safety achieved despite the legislation rather than legislation for the mining industry or whether because of it. Our coalmining legislation, in there should be generic legislation for all particular, reflects an era when all coalmining industries. As a matter of principle, I think that was performed underground and when the there should be generic legislation but with sum total of knowledge was based on British enough flexibility to take into account the coalmining legislation. Much has changed specific needs of various industries. since then, and I believe that in due course There is no doubt that in the past the there will be a realisation that the best mining industry was a very high risk industry, mechanism for promoting workplace health with quite a number of tragic accidents and safety in our mining industry is through sometimes involving many fatalities. These generic workplace health and safety accidents are seared into the consciousness of legislation. miners, as well as the general population. In Let there be no mistake about this, my particular there have been tragic accidents view is that there are no acceptable workplace involving multiple fatalities in underground accidents or fatalities, and there should be a coalmines in Queensland in 1972, 1975, 1986 totally professional approach to safety and 1994. The terrible tragedy of Box Flat on separate from industry and union squabbles. 31 July 1972, when 17 miners were killed, has We never can afford to compromise on the left an indelible impression on Ipswich, just as health and safety of workers, especially when the Kianga mine disaster in 1975, when 13 powerful unions are involved which use miners were killed, and the two Moura workplace safety legislation as bargaining disasters in 1986 and 1994 left similar chips to shore up their position in the impressions on their localities. Yet we have workplace. It is also my view that the capacity seen in recent years an amazing improvement of sectional interests to foist their will onto in mine safety. occupational health and safety legislation is I have read the latest report of the made all the more easy when there is industry Department of Mines and Energy on lost time specific legislation. Unfortunately, these Bills and fatal injuries, and this shows that the stand as a sad testament to this fact. mining industry and all involved in it have The coalition when in Government obviously learnt many of the hard lessons of determined that the Workplace Health and the past and that mining is now a much safer Safety Act, which applies to all other industries, occupation than it was. In fact, the lost time would be an appropriate legislative standard injury frequency rate of the mining industry in for the mining industry also. Whilst the coalition the 1997-98 period was 15.5, which was only accepted the views of the industry that slightly worse than the overall figure for all separate mining safety legislation should be industries of 15.25. The fact that the mining maintained, it was to be similar in all key industry in the space of one year was able to respects to the general workplace health and improve its performance from 20.2 to 15.5 is safety laws. The principle of separate but very encouraging. Some other industries are, parallel legislation superficially has been in fact, much more dangerous than mining. In adopted by the Minister and the Beattie Labor particular, the lost time injury frequency rate for Government. These Bills are similar in some manufacturing of 32.5 highlights that point. respects to the Workplace Health and Safety The other point of significance is the Act, yet they are defective in key areas. much higher danger posed to underground The cornerstone of the Workplace Health miners than that posed to above ground or and Safety Act was summed up by Lord open-cut miners. The lost time frequency rate Robens in 1972 as follows— for underground miners in 1997-98 was 39.4, compared to the above ground figure of 7.8. "The primary responsibility for doing Nevertheless, in just one year alone, the something about the present levels of underground figure improved from 62.1 to occupational accidents and disease lies 39.4, and that compares with a figure of 73 in with those who create the risks and those 1993-94. Yet, despite the obvious differential who work with them." in danger posed to underground miners Primary responsibility, in other words, lies with compared with above ground miners, there is management and workers and not with union no reflection of that fact in this legislation. officials who make a living out of attempting to The legislation governing coalmining intervene and use safety positions as power health and safety is now well and truly showing bases. 25 May 1999 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 1873

In both of these Bills we see the quite being prosecuted and fined up to 500 penalty unacceptable situation of having at least three units. layers of people who are charged in a specific There is also a very insidious side to the sense with policing workplace safety. Using the matter, and that lies in the penal provisions coal Bill as an example, we have not just the inserted in both Bills. Under the legislation, inspectorate made up of public service officers these union officials, whether they be industry but also site safety and health representatives safety and health representatives or district as well as industry safety and health workers representatives, are given a specific representatives. There should be no statutory right to recommend to the chief opposition to promoting through legislation inspector that a prosecution be launched workers in an industry being able to take a against various people. In short, these Bills direct role in promoting safety. place union officials in a powerful position and However, in the Coal Mining Safety and a position which could quite easily be abused. Health Bill we see superimposed on top of The sheer self-interest of the union movement directly elected workers representatives, and the absolute lack of principle of this industry officers appointed by the CFMEU. In a Government when it comes to union matters is move which I think is almost unprecedented in made abundantly clear when one sees the Australia, this Government actually specifies different approach that is taken as to whether the CFMEU as the union which can nominate these union safety officers are to be paid by union officials to undertake a safety role. This the taxpayer or the union. Bill actually promotes a closed shop in the Under the coal Bill it is specifically coalmining industry, and stands as stark provided in clause 111 that the CFMEU must testament to the trade-offs that the member pay for the industry safety and health for Mount Isa must have been a party to. representatives, yet under clause 107 of the The member for Charters Towers has mining and quarrying Bill, the funding of district already outlined the enormous powers that workers representatives is to be left to the these union officials will have, and he has taxpayers. In his reply, perhaps the Minister quite rightly pointed out that, under these Bills, may wish to tell us explicitly why the taxpayers union officials will be given wide police powers should pick up the tab for district workers as well as the power to close down a mine. representatives but the CFMEU paid for The potentially outrageous thing is that union industry and safety health representatives? officials with no union members at all in a mine Why indeed! It is just that the AWU put its foot can actually come into a mine and demand down and demanded that the taxpayer, and documents from management and close part not Bill Ludwig and his mates, pay for their or all of it down—shades of the industrial own union officials, whereas the CFMEU did relations legislation that was introduced today not. Perhaps it is no coincidence that the by the Minister for Employment, Training and honourable member for Mount Isa, the Industrial Relations and obviously very Minister, is a key factional player within the consistent with the overall philosophical and AWU. policy approach of the Beattie Labor Both of these Bills are full of various Government. These officials are even granted statutory positions and the roles that they may immunity from civil actions in most cases, and or may not play. Really, at the end of the day, this Government will impose on the taxpayers despite all of the Minister's claims that he is of this State the obligation to pay damages to seeking to move away from prescriptive mine owners in the event that these people do legislation to legislation which promotes a the wrong thing. culture of safety throughout the work force, we So if a union official who holds one of see legislation that entrenches union power these statutory positions actually stops bases and undermines the very duty of care production at a mine and the mining company culture which these Bills were intended to instil. suffers hundreds of thousands or possibly The Minister knows that the thrust of his millions of dollars of losses, it will be the amendments to these Bills, in line with union taxpayers of Queensland who will have to pick demands, goes against all of the reforms up the bill. On top of that, the Bills actually recommended by the Productivity Commission create a penalty for disadvantaging one of in its report on the black coal industry. Instead these union officials in exercising the powers of promoting cutting-edge legislation that will specified in the Bills. The term "disadvantage" act as a spur to management and workplace is not defined in the Bills, but I am sure that it safety reforms, the imposition of the various could be interpreted widely. A person who statutory positions will actually act as a brake disadvantages a union official is subject to on safety reforms. 1874 Coalmining Safety and Health Bill; Mining and Quarrying Safety and Health Bill 25 May 1999

Just as disturbing is the fact that the sum relying on the defences in sections 23 and 24 total of these provisions will make health and of the Criminal Code. People are actually safety in the mining sector an industrial being denied the opportunity to plead the contest, with outside union officials being able defence of accident, mistake of fact or an to stop work allegedly in the name of safety in event occurring independently of the exercise order to achieve some unrelated industrial of their will. purpose. In the context of the criminal law this is called blackmail. All of this has to be looked at in the context of enormous police powers outlined in Let us recall the sorts of people we are the Bills, including the requirement to answer talking about. We are talking about the type of questions irrespective of whether the answers law-breakers picketing at Gordonstone. We are may incriminate the person and the talking about the type of people who racially requirement to produce documents, and even and sexually verballed workers at the Sun very wide powers to enter premises without a Metals site in Townsville. The Minister knows search warrant—without their even having to that there are no equivalent positions in the go before a magistrate and outline a Workplace Heath and Safety Act. The Minister reasonable case. All in all, I fully understand also knows that the role of enforcing the law why the mining industry is opposed to penal should lie with an independent and impartial provisions in these Bills, because the way they inspectorate made up of competent full-time have been drafted leaves the door wide open public servants who are subject to all the to potential abuse and injustice occurring. checks and balances that go with being a public servant. I could outline to the House a number of other anomalies with these Bills, but I think the I will make a few comments about the above examples suffice to highlight that we penal provisions in these Bills. This is an area are now debating legislation that is where the industry and the unions are at fundamentally flawed, as the Opposition will loggerheads. To be fair, a case can be made highlight in great detail during the Committee out for some type of penal provisions in Bills stage of the debate. such as this but, as the member for Charters Towers points out, why bother when the In conclusion, I, like other Opposition general criminal law already applies? The members, would have liked to have risen in industry suggests that penal provisions will this debate and given our support to Bills that promote a culture of seeking legal immunity will assist the industry in its excellent and not the free flow of information, and I think endeavours of recent time to improve safety in to an extent it is right. However, if it is possible our mines. Our mining sector is critical to our to have a sensible debate on the merits of State and nation and the workers in this placing penal provisions in these Bills, such industry, especially those underground, often debate breaks down almost immediately when work in hazardous situations. All too frequently we look at the other provisions backing them there are horrific reports of industrial accidents up. underground and reading of that brave young I have already pointed out that district man, Brant North, whose legs were amputated workers' representatives and industry safety after an accident at the Oaky Creek and health representatives are given the underground mine, brought home to me and, I power to recommend prosecutions but, in am sure, to most others in this place just what addition, prosecutions can actually be a risk miners take on a day-to-day basis. That launched not just by the chief inspector but is why I am so disappointed with these Bills. also by persons nominated by the Attorney- They are meant to promote occupational General and the Minister. In other words, we health and safety but will actually impede it by could well see the situation of this or any other penal provisions and across-the-board future Labor Minister allowing union statutory positions. representatives to start criminal proceedings. Mr Bredhauer: You are trying to make There is nothing like this in general workplace political mileage out of workers' injuries. health and safety legislation and it casts a cloud over the whole concept of specific penal Mr SANTORO: I take the interjection from provisions in these Bills. How on earth can the the despicable Minister opposite. Those mining industry not feel under threat when this opposite believe that only they have the right possibility exists? to mention and express sympathy for injured workers. On top of that, as the member for Charters Towers points out, people who are An Opposition member: Another charged are actually denied the opportunity of example of ministerial standards. 25 May 1999 Regional Forest Agreement 1875

Mr SANTORO: Another example of sleazy jobs—and outrage the Left or does he cave in and downright objectionable ministerial to the Left and deepen the mistrust of the standards. To the extent that these Bills will biggest faction in the caucus? Or does he actually slow down the commendable strides forget the factions and do his job, as he that all parties in the mining industry have should do, on behalf of all Queenslanders? made recently towards a comprehensive and This is really what he must do. sustained culture of safety, I think the Minister By the sort of RFA we get, we will see and the Beattie Labor Government, including what the Premier is made of in relation to and in particular that hypocrite the Minister for these issues. The signs at this point are Transport, who decided to interject in a pious dreadful. For a start, he desperately wants to and sanctimonious way, deserve to be roundly disown the process. Can honourable members condemned. imagine this? He has even threatened to pull Debate, on motion of Mr Johnson, out of the process. He says that the RFA is a adjourned. coalition plot. Of course, that is not true. The truth only matters to this Premier when it suits his purpose—we know his standards on these REGIONAL FOREST AGREEMENT things—and when it does not suit him it is Hon. V. P. LESTER (Keppel—NPA) abandoned, barefaced. On this occasion, his (5.56 p.m.): I move— abandonment of it is, even by his standards, "That this House undertakes only to unbelievably barefaced. support a regional forest agreement The truth about the RFA process is that it based on an increase in jobs in the south- is explicitly part and parcel of a process laid east Queensland hardwood timber down in the National Forest Policy Statement industry through improved productivity, signed by Wayne Goss and Paul Keating in improved forest management and the 1992. Anybody with a passing engagement of development of hardwood plantations, the issue knows that. As recently as the last with adequate financial support from the election, the Premier supported the RFA State and Commonwealth Governments." process. He promised, in the forestry policy of Development of an acceptable regional the ALP, funding for RFAs in Queensland. forest agreement for the south-east Twelve months ago, the Premier backed the Queensland native hardwood industry is a RFA. Today he dumps on it. The only possible major test for the Premier. It is on three fronts interpretation is that he wants to duck and they all relate to jobs. The Premier has an responsibility for the outcome. That is what he opportunity not only to protect in excess of wants to do, but he cannot. And the outcome 1,100 direct jobs in 35 hard-pressed south- will be his. east Queensland centres; he also has an Indeed, we in the Opposition have not opportunity to grow, on industry estimates, a been conducting the negotiations with the further 600 long-term sustainable jobs, or he Commonwealth. However, we did establish the can kill all these jobs and a number of towns. parameters for the study which would generate The second test concerns the Premier's the data on which the final decisions would be sincerity, or lack thereof, in his declarations made. His choice, now that the material is out, that the bush has suffered enough, that he is is a very simple one. He can shut down the in touch, that he cares and that he is an astute industry very quickly or he can, indeed, take post-One Nation politician. If he kills these thousands of jobs out of the south-east of the jobs, clearly he is not. The bush will know that State and make the Left very happy. He has his wooing is just rhetoric. that choice. He can wipe whole towns off the The third is the decider. It is the same test map—quickly or slowly—to satisfy the Left. Or that he is facing in relation to industrial he can not just save the industry but he can relations. How does this Labor leader, with his ensure that it grows in importance as a jobs particular history, deal with the AWU, which generator in this State. To boot, he can go a has close to a majority in the caucus and is led long way towards ensuring a viable future for by his loyal deputy? How does he deal with the some 35 communities. He can do that while faction that very deliberately kept him out of still respecting the other major aspect of the Cabinet for so long? How does a limbo Labor RFA process, which is to expand the leader deal with the Left, potentially the most comprehensive and representative reserve destructive force in the caucus—the faction system by some 200,000 hectares. that vowed it would never let itself be done The coalition made this outcome possible. over again as it was during the Goss years? In 1995, the then Labor Government could not Does he go with the AWU—save the get Paul Keating to recognise that 1876 Regional Forest Agreement 25 May 1999

Queensland could not meet the same targets This issue is not being dealt with on its in relation to protected forest areas as could merits. The Premier has decided not to do the some other States. Labor could not achieve AWU's bidding on aspects of his industrial that. The Cabinet of the day was told that if relations platform. That was a courageous the State was forced to meet these targets, decision under the circumstances. It is just one the hardwood timber industry in south-east example of how the efforts of the Premier, at Queensland would be devastated. On coming every turn so far, have been to try to to Government, the then Premier was simply consolidate his credentials with the Left. He will not prepared to accept that outcome. John be courageous indeed if he decides to kick the Howard was not prepared to accept that AWU again in a month or two, unless he really outcome. believes that both Bill and Jim are pussy cats. In the parameters that we agreed for the Perhaps they are. comprehensive regional assessment study, it In any event, it is a tragedy for the good was understood—it was specifically included in governance of Queensland that a matter as the agreement—that Queensland would not important to so many people as the RFA be able to meet that outcome on the basis of process is being decided based on the the social and economic dislocation that this Premier's fear of the Right and the Left. But would cause. The Commonwealth has since that is quite simply the situation. Why we do shown that it is looking for balanced not take the politics out of this issue and outcomes—win-win outcomes for the timber concentrate on what jobs are about is beyond industry and for the forests. The recent me. After all, it is a disgraceful exhibition that Western Australian RFA placed 150,000 more we are witnessing at the current time. It is hectares into protected reserves without politics before people. It is survival; but again, costing a job. The same result can be it is survival of the wrong people. We want to achieved here. The coalition says that it must see the survival of the people in the timber be achieved here, and it can be achieved very industry. readily. Time expired. Firstly, there must be sufficient funding from the State and Commonwealth Governments to enable enough investment by DISTINGUISHED VISITOR industry to maximise productivity and to Mr Gough Whitlam generate new marketing opportunities. Secondly, there must be improved Mr SPEAKER: Order! Before calling the next speaker, I acknowledge the presence in management of forests to ensure sustainable the Speaker's Gallery of the former Prime access to good quality timber. This involves Minister of Australia, Gough Whitlam. the use of silviculture. Thirdly, there must be State, Commonwealth and private investment Honourable members: Hear, hear! in a hardwood plantation industry so that, in 30 to 40 years' time, there can be a gradual transition from at least some forest areas. That REGIONAL FOREST AGREEMENT makes sense. Fourthly, there must be a Hon. R. E. BORBIDGE (Surfers continued ability to access timber on private Paradise—NPA) (Leader of the Opposition) land. (6.06 p.m.): I am pleased to second this I would expect such a program to cost motion. There can be only one valid outcome more—potentially significantly more—than the to the regional forest agreement, and that is $20m so far jointly committed by the for the data to be used to ensure a viable Commonwealth and the States over the 20 timber industry in concert with enhanced years of the RFA. I am not convinced that the protection for forests. They were the cost would be as high as $100m, as signalled parameters set by the National Forest Policy by the Deputy Premier. However, I can assure Statement of 1992. It is only some members him of bipartisan support for any well- opposite and some of their supporters outside developed proposal for a greater contribution this place who believe that those outcomes from the Commonwealth based around the are mutually exclusive and who believe that sustainable growth of the timber industry. what the RFA presents is an opportunity to kill However, I must say that, given the latest over 1,100 direct jobs and cripple or kill 35 outbreak of factional infighting, I fear greatly Queensland communities. for the hardwood timber industry in the State The wealth of data that has been and for all those employed in it and all those accumulated in this process establishes that, communities which rely on it, because they are with improved productivity in mills, with the now pawns in an eternal Labor Party brawl. application of silviculture to the management 25 May 1999 Regional Forest Agreement 1877 of our forests, and with the establishment of There is no justification at all for any job hardwood plantations, we can have an losses under this process. All we need is the industry that actually grows jobs while Government to have the will and, of course, substantially expanding the comprehensive freedom and the flexibility so that it is not tied and representative reserve system. We will not to the assurances that it gave to the meet the Keating target of 15% preservation environmentalists and the Greens at the last of pre-1750 forests, but that was State election—people such as Charles explicit—totally explicit—in the 1997 scoping Hamilton at the Gold Coast who remind the agreement I signed with John Howard after the Government by email of the agreement. They former Labor Government failed to get a say, "Honour the deal. Honour the similar undertaking from Paul Keating before it agreement." shut up shop in 1995 and went into We know the price. We know how hibernation. horrendous that price will be. The motion We can have a win-win outcome to this moved by the honourable member for Keppel RFA. Commonwealth Forestry Minister, Wilson tonight is sensible. It is commonsense. It Tuckey, believes that outcome is appropriate, should be embraced by each and every and he has demonstrated via the Western member of this House who has a true Australian RFA that it is achievable. In that commitment to jobs and believes in a jurisdiction, the recently completed RFA sustainable industry in this State. engages significant additions to areas of Time expired. reserve forests with a net gain in jobs and long-term security for the industry. Hon. J. P. ELDER (Capalaba—ALP) (Deputy Premier and Minister for State I would emphasise my total concurrence, Development and Minister for Trade) however, with the warnings contained in the (6.12 p.m.): I move the following movement of the motion by my colleague the amendment— honourable member for Keppel. There is a very grave concern that what we see unfolding "Delete all words after 'undertakes' now in the Government's attitude is a deal with and insert— the Greens—hatched before the last State 'To support a regional forest agreement election in return for Green preferences in a based on an increase in jobs through the number of seats. What we are seeing now, development of a world class timber through this Government's administration of industry incorporating a high level of value the RFA process, is the pay-off—the pay-off for adding, downstream processing, being on the Treasury benches. I just make improved productivity, a comprehensive, this observation: if a coalition Government was adequate and representative reserve altering policy that could cause loss of system and expansion of softwood and employment for 1,100 people and could hardwood plantations with adequate potentially destroy 35 communities, the financial support from the State and Criminal Justice Commission would be falling Commonwealth Governments'." over itself to have a commission of inquiry. I welcome the debate tonight because it will The Government's administration of this enable me to put a few facts on the table. The scheme smells. We know that Environment coalition has no right or authority to take the Minister Welford had written into the options high moral ground on this issue. The simple paper options to close down the industry. We fact is that the Opposition, whilst in know that the Federal Government is saying Government, had an opportunity to put in that it is confident of an outcome where not place an RFA for this State. The Opposition one job is lost. What is standing in the way? had the ability to deliver it in the time in which it What is standing in the way is the deal that promised delivery, namely mid 1998. The those opposite did with the Greens at the time Opposition had a chance to meet all the of the last State election. concerns of all the players in this industry. Is it not ironic that we are about to see the However, the Opposition wants to rewrite AWU potentially sold out again by the AWU history in this Chamber. The agreement was faction leader in Cabinet? Just as he rolled put in place and the Opposition had to deliver. over and sold the AWU out in respect of Those opposite put it in the too-hard basket. industrial relations, we are now seeing the Recently in the Parliament the Opposition Deputy Premier of this State, the Minister for asked a couple of questions about the RFA State Development, confirming his position as but ducked the matter in debate. There were little more than the political version of a vacant no debates dealing with this matter in the lot sitting in the Cabinet room. Parliament. However, as soon as he was 1878 Regional Forest Agreement 25 May 1999 through with Parliament the Leader of the Our industry development policy in terms Opposition whipped up to the South Burnett of growth plantations talks about a figure of and told everyone in the timber towns, "Those $50m. On top of the Leader of the nasty people in the Labor Party are about to Opposition's $10m I have asked for $50m. I take away your jobs." am pleased to see that the Leader of the Opposition is supporting me on that. I am The Leader of the Opposition was proud pleased to see that he has recognised that of achieving a lousy $10m for an exit strategy what we need on this is commitment from the for the industry. That money was not to be Commonwealth in terms of industry used for industry development. The best face I opportunities and job opportunities that will can put on the actions of the member for come with that sort of funding, matched by the Surfers Paradise is that he was deceiving the State Government. That sort of funding will people in those timber towns. If he is going to guarantee the job security and the outcomes do that and play politics, why should we play a that we are working towards. role in the RFA? We do not have a woodchip industry in Queensland. We will never have a Over the next six weeks those opposite woodchip industry in this State. It was will see us continuing to engage with those designed to deliver industry outcomes in communities and continuing to work through Western Australia and Tasmania. the RFA process for the best outcome. We have stayed in there for the best outcome. After the Leader of the Opposition said The Leader of the Opposition can play all the those things to the people in the timber towns politics he likes, but from day one he has I said, "We are going to pull out." He said, "No, never been honest because he could have you can't pull out." He put out a press release delivered on it and he did not. That is the which said in part— simple fact. I think you are rather— "The RFA process seeks to provide Mr SPEAKER: Order! The member's time certainty for the industry and the has expired. environment through a 20-year Mr Borbidge interjected. agreement with the Commonwealth on the management"— Mr ELDER: Mr Speaker, just allow me. I think it is very unkind that the Leader of the of our forests. Opposition talks that way to follicly challenged The member for Surfers Paradise has not men in this State. said much in the Parliament. He was up in the Hon. R. J. WELFORD (Everton—ALP) South Burnett whipping up apathy and saying (Minister for Environment and Heritage and that we were going to take people's jobs. As Minister for Natural Resources) (6.17 p.m.): I soon as we put the pressure on him, it is Greg have pleasure in seconding the Deputy Louganis—it is a triple, with a double, and a Premier's amendment. I wish to take up the world champion effort in terms of his public challenge of the Opposition spokesman when position. he says, "Let us take the politics out of this." Let us take the politics out of this and let us The member for Surfers Paradise has no look at some of the facts. right to take any high moral ground in relation to this issue. It gets better, because when I The first fact is that the Opposition had was reading some clips from a number of the opportunity, as the Deputy Premier said, to Federal National Party members I came across progress the RFA and deal with it substantially one from Cameron Thompson, the Federal before 30 June last year. The Opposition failed member for Blair. He said that under the to do so. In 1997 the Opposition and the process the Federal Government would make Howard Government jointly commissioned a $100m available. That made me sit up really report to follow up the five-yearly review of fast. I thought that if there were hundreds of sustainable timber allocations for State forests. millions of dollars out there—and I am not That review was first requested in January interested in a $10m exit package for the 1997 and was ultimately delivered in industry—I want to see development and I December 1997. That was six months before want to see job opportunities in both the the Beattie Government came to office. softwood and the hardwood plantation areas. I The then coalition Minister for Primary want value adding and I want security of Industries, Mr Perrett, said on 2 October 1996 tenure for jobs in those areas. So why not write in this place— to John Howard? Here is a backbencher "The DPI Forestry data collection and saying that there is $100m available. I would yield calculation system has been like some of it. externally audited, and is open to external 25 May 1999 Regional Forest Agreement 1879

scrutiny, for example, by the Department requirement. It is the Federal Government's of Natural Resources. Documented forest policy statement that requires that a operational procedures are based on comprehensive and adequate and sound research carried out over many representative reserve system be secured. We years." need to identify what criteria meet that and What did that data show? It showed that then achieve that within the guidelines that the under current management arrangements and Federal Government has set. normal operating conditions some areas would However, it does not matter whether we reach the end of commercial operations by as go from having nothing in that reserve system early as 2007 and would need reductions of or whether we have 500,000 hectares in that up to 40% to be sustainable in the long term. reserve system; the reality is that jobs will be These are the facts that we are dealing with. lost unless something else is done, and that is The reality is that all the options what this Government is about. In the context presented in the directions paper—the options of this RFA process, this Government is about that the Opposition seeks to exploit in order to taking the initiative. Whether the Federal scaremonger in regional communities—are Government is prepared to stick with us or not, options which, of themselves, do not say the initiative that we are taking is to create new anything about job impacts. The challenge for industries through new resources, through new any Government is to take one of those plantations and new opportunities for industry options, or a variation of it, and create new development in those regional communities, opportunities for new jobs in regional areas of whether they be forest-based industries or Queensland where mills are currently ancillary industries that are related to forests, operating. such as ecotourism or other commercial recreational opportunities that might be This simple fact needs to be recognised. available. Regardless of which party was in Government today, if that Government did nothing we Time expired. would lose jobs simply because the current Hon. T. R. COOPER (Crows Nest—NPA) operation of the timber industry in State forests (6.21 p.m.): I rise to support the motion, which is not sustainable. On the evidence represents another positive attempt by the accumulated and gathered by the previous coalition to restore some logic to the RFA Government—on its own data and on data debate. The Opposition is about logic and confirmed independently by external realism and will not be fooled. In the past, the consultants—the current harvesting rates are people of the Maryborough area were fooled not sustainable. So doing nothing is not an with the promise of jobs when the timber option. industry was closed on Fraser Island. I know The next point that needs to be that the Mayor of Maryborough, Alan Brown, recognised is that the RFA process is a has said that not one permanent job came out Federal Government process that dictates of all the promises that were made. The certain outcomes. One of those outcomes is people of that area were hurt and the people that we provide a measure of resource security of the Ravenshoe area were hurt when the in the long term for the timber industry. That is timber industry in that area was closed. No what we are looking to do, but it may be a jobs at all came out of that. So any pretence combination of State or non-State forest that jobs will come out of the options put areas; it may be just non-State forest areas. forward by the Beattie Government will fall to These are matters that a Government should the ground. People would be extremely foolish responsibly address in a way that is designed to be sucked in by those options. to protect jobs and create new jobs in the The amendment to the motion moved by timber industry into the future. the Government refers to the development of That Federal Government RFA process a world-class timber industry incorporating a also requires that a comprehensive, adequate high level of value adding downstream and representative reserve system needs to processing. Those things should be be considered. The range of scenarios happening, anyway. To my mind, those jobs identified in the directions paper simply will be created well downstream from the addresses various qualifying factors for timber towns and the 500 jobs for the people identifying what is a comprehensive, adequate in the timber towns will still go. That is what we and representative reserve system. Ultimately, do not want to see, and the Opposition will not whoever is in Government is going to have to have it. If 500 jobs were picked up in the make a decision about what criteria are processing area downstream and 500 jobs satisfied by meeting that Federal Government were lost in the timber towns, that is a negative 1880 Regional Forest Agreement 25 May 1999 result. We should be doing the lot, that is, SE4.2 forest grazing report, or 510,000 harvesting the plantations of softwoods and hectares, if one reads the directions report. hardwoods and value adding downstream The difference in those two figures that through processing. That way, we will gain are contained in two Government reports on employment, not just strike even. the same issue raises questions on its own. I do not believe that this Government is Nevertheless, cattle graze on some 45% of interested in improved forest management at Crown forestry under either seven-year grazing all. I do not believe that it is interested in permits or 30-year term leases. However, a timber jobs or regional development. Despite fact that should send the alarm bells ringing in all its rhetoric, when it comes to the crunch it is the grazing industry is that every single option interested only in using the RFA for one canvassed in the directions report allows for purpose, and that is to shut down the native the closure of vast areas of grazing leases. hardwood industry. That is why the The areas range from Option A, under which Government insisted to Wilson Tuckey that its 68,913 hectares could be locked up, to Option two extreme options of putting another F, where 212,000 hectares could be locked 500,000 hectares and 620,000 hectares into up. To do so would not require a change of reserve be included in the directions report. legislation. Those options would destroy the forest The impact on the south-east industry and the jobs that it provides. Queensland grazing industry would be The Government calls itself the jobs, jobs, catastrophic. Another industry and yet more jobs Government. Where are the options that jobs are at risk. However, where does the safeguard the existing jobs and create new Minister for Primary Industries stand on ones? Like the Minister for Primary Industries, matters such as cattle grazing? Does he the member for Inala, they are missing in support cattle grazing on these forestry leases action. The Federal Minister, Mr Tuckey, has or does he support them disappearing as well? referred to this Minister as the invisible man Mr Palaszczuk: Ask me the question because of his failure to contribute anything to tomorrow. the RFA debate, and that is true. Like the rest of us, the Minister has a responsibility to stick Mr COOPER: No, I am asking the up for timber towns and the timber industry member now. The Minister does not want to and to be out there openly and publicly answer it. As usual, he is ducking that supporting them, not trying to do them down in question. The Minister will not go on record to terms of their jobs. support the cattle industry. As I have said, hundreds of thousands of hectares are used The Government's directions report is by the cattle industry. hopelessly flawed. Despite the terms of reference of the RFA, which provide for Time expired. improved management of our native Hon. H. PALASZCZUK (Inala—ALP) hardwood forests, not one of the seven (Minister for Primary Industries) (6.26 p.m.): options of that report addresses that issue. Tonight, we in this House should be grateful Better management of the forests will give that we are now witnessing a miracle. From the better yields and better environmental fervour of the coalition's rhetoric, there can be outcomes. The continued expansion of no doubt that it has finally found the road to plantations is also essential to the ongoing Damascus. For years, including their years in development of the native hardwood timber Government, offering support to the State's industry—a fact conceded by the Beattie forestry industries was not an article of faith for Government. members opposite. But now that they are However, while we have heard all the under pressure from One Nation in their rhetoric, there has been no commitment by vulnerable heartland, the National Party in this Government to the expansion of particular has discovered that it should have hardwood plantations. Not one of the seven been doing something about the forestry options addresses the establishment of industries. That is the only reason why the additional hardwood plantations. Aside from National Party has suddenly discovered that those shortcomings, the directions report the forestry issue is going to hurt people in sends two other very disturbing signals about small country towns. Those One Nation the Beattie Government's bush bashing members are a testimony to the reason why policies. Forestry leases are an integral part of the National Party is at present carrying on the the grazing industry in south-east Queensland, way it is. where some 43,000 head of cattle graze on In fact, it has been only in the past either 412,000 hectares, if one reads the fortnight that the coalition has taken to the 25 May 1999 Regional Forest Agreement 1881 road trying to manufacture a position of that the former Government did so little that concern about the future of the Queensland we had to have the period extended to finish forestry industry. If only the Borbidge the job that the previous Government failed to Government had been able to get its act do. together, this whole matter would have been This RFA process provides us with an finalised 12 months ago. However, once again historic opportunity to provide security and the coalition has woken up too late. They certainty for workers in the timber industry, cannot deceive even their own former regional communities that depend on the heartland with their shallow rhetoric. industry and the industry itself. We need to Since becoming Minister, I have spent a provide security and certainty—they are the great deal of time visiting a wide range of two operative words in this process. Earlier this forestry undertakings in south-east year, the House debated the future of the Queensland. I have had detailed discussions cypress pine industry. Although it is separate with people right across the full spectrum of from the RFA issue in south-east Queensland, interest. I have visited regional communities the issue relating to the future of the cypress and talked with people involved in the forestry pine industry clearly illustrates the Beattie industry and have also had discussions on the Government's attitude to jobs and security for same issues with the conservation movement. regional communities. Our top priority is jobs, I have been out there talking and listening to jobs, jobs. the people involved and concerned about the I look forward to the finalisation of the future of the forestry industry in Queensland. RFA agreement for south-east Queensland My runs are on the board. So when we come and sincerely trust that it will be supported by to consider taking a final position on the RFA members opposite for the very sound reasons process, my contribution will be based on outlined in the amendment. Two weeks ago detailed consultation with the people who are when I was in Esk opening an art show, I took mostly affected. However, members opposite, the opportunity to speak to people in relation who have come to this issue very late, have no to the forestry issue. They told me that the four credibility at all on this issue. They are now members opposite who turned up were doing trying to talk the talk, but I have walked the a half Monty, because they did not know walk. whether they were coming or going in relation I have been to many of the key centres to the regional forestry industry. They knew that are affected by the RFA issue, including nothing about it. They were not ready for the Linville, Wondai, Gympie and Woodford. This full Monty. Government is committed to an outcome that Mr HOBBS (Warrego—NPA) (6.32 p.m.): looks after jobs and the future of regional The Deputy Premier said that the Queensland communities. We are keen to find an option coalition left the RFA in the bottom drawer for that allows for the development of world class the incoming Labor Government to fix. Tonight forest industries. The key to doing this I would like to tell the Parliament exactly what effectively is to take up opportunities when he found in the bottom drawer, how he got his they become available. That is something that fingers jammed in that very drawer and who the Borbidge Government patently failed to jammed them. do. What was found was the result of a Mr Borbidge and the Prime Minister, John mountain of work with numerous assessments Howard, signed a scoping agreement on the completed or nearing completion and a RFA in January 1997. When this document community consultation process that was open was signed, it was confidently expected that and workable. What was found was the result the process would have been completed by 30 of thousands of hours of work by hardworking June 1998. That means that, if the Borbidge public servants, industry representatives, Government had got its act together, the RFA Government Ministers and the general public. could have been finalised just five days after During 1997-98, we conducted a the Beattie Government came to power. In comprehensive assessment of the full range of fact, the Borbidge Government had been social, economic, environmental and heritage moving so slowly that it had already asked for values in the south-east Queensland forest a six-month extension until December last estate, making available the best information year, but when the Beattie Government came ever collected about the region's forests. No to power—— stone was left unturned in presenting a professional and scientific document that took Mr Littleproud: What's wrong with that? into consideration associated socioeconomic Mr PALASZCZUK: What is wrong with it? indicators, a special factor negotiated with the When we came to Government, we discovered Commonwealth Government. 1882 Regional Forest Agreement 25 May 1999

What the Minister for Environment and If the Deputy Premier had any intention of Heritage and Minister for Natural Resources saving jobs, he should have published the found in his drawer was a mountain of hard consultant's report and a full range of results work resulting from the blood, sweat and tears from the SKED model, from the least to the of the various people whom I have mentioned. most conservative. If we get the full range, It was he who advised the Deputy Premier that then we will have an idea of exactly what the process had stopped. He is playing very options are available. Previously they kept the loosely with the truth, because everyone options down to the most negative and knows that it was the Environment Minister in conservative figures that they could find. I say the first instance who, with the support of the to the Deputy Premier and the Labor Deputy Premier, deliberately changed the RFA Government: save jobs in communities, from a scientific process to a political outcome publish the reports on the SKED results and by deliberately manufacturing the processes to get your fingers out of a jam. There is no need meet the ALP's election commitments to the to lose any of those jobs. Labor's plan is to Greens. create jobs by getting the Aussie lumberjack to pick flowers, paint rocks and make dried The Deputy Premier stated his concern arrangements. Can anyone imagine how that about how the coalition was conducting the will work? It failed at Maryborough and at RFA. I can advise the House that he is now Fraser Island. A little while ago, the Minister taking our advice. In this House I called for the talked about ancillary jobs. That type of thing Government to rerun the SKED model and will be an absolute disaster. save jobs. Do members opposite remember The Minister said that we did not deliver that? The Deputy Premier did better than that. by 30 June, but we did not have to deliver by He contracted a firm of consultants to advise 30 June. We set a target for that time, but we him on the SKED model, to find out whether did not have to deliver. It would have been what I and the industry were saying was right. irresponsible had we delivered at that time His worst fears were realised and his fingers because the work had not been completed. It were hurting like never before as the report was an absolutely massive operation and it confirmed my statements in this House that had to be done properly. The Minister talked the Government should have published about 30 June; that does not matter. We try to additional SKED model runs. He has the draft make targets if we can, but one cannot always report in his possession and it says just that. do so. We did what we could. The Deputy Premier was in a jam that was Time expired. forced on him by the Socialist Left. In other Dr CLARK (Barron River—ALP) words: he put it over you, Jim. The (6.37 p.m.): This House debated an Government has been exposed by its own Opposition motion with respect to the South consultant's report. The Socialist Left Minister East Queensland Regional Forest Agreement for the Environment and Heritage was on 13 April in the last sitting of Parliament. At deliberately misrepresenting the data. The the conclusion of that debate, the Parliament Government has used the most negative and actually supported an amendment put forward conservative parameters in every instance by the Minister for Environment and Heritage possible to run the SKED model, to establish a and Minister for Natural Resources. I think it is sawlog supply of 83,309 cubic metres. The worth reminding the House what that directions report states that using this model amendment was. It states that the shows the sawlog allocation should be Parliament— reduced by 23% in order to achieve a sustainable yield. That has now proved to be "... acknowledges the continuing efforts of incorrect. this Government to successfully conclude a Regional Forestry Agreement for South It was the Minister for the Environment East Queensland that provides for the who slammed the drawer closed on the maintenance and creation of sustainable Deputy Premier's fingers. The Minister for the long term jobs in timber and timber Environment has had his staff busily interfering product industries and protection for areas with the RFA process and will not let of high conservation value. departmental staff do their job to produce a Further, that this Parliament urges true scientific document. The Deputy Premier the Commonwealth Government to work knows what the Minister for the Environment in good faith with the Queensland has been up to and he is now taking the Government to provide the best possible coalition's advice rather than that of his Regional Forest Agreement outcome for parliamentary colleague from the Socialist Left. all Queenslanders." 25 May 1999 Regional Forest Agreement 1883

That motion was passed in this Parliament just problems. We are saying that it will be four weeks ago. What has happened since examined further. then? What is different? Certainly nothing has Let us see where we are going. If I am happened as far as the Government is right and the Opposition is trying to bypass this concerned, because that commitment is as whole process that we have gone through—as rock solid now as it was then. the member said, all of the blood, sweat and However, what has changed is that there tears associated with all of the reports that has been a publication of the directions report, have been produced—why did it bother to go which I have read, that a number—— through that process if, at this moment, it is Mr Hobbs: How about the new one that instead going to abandon the process and the says that the model is a much wider rage reports and just sign the industry plan? If it of—— does that, it knows what it is signing on to. It will be signing on to conflict and it will be giving Dr CLARK: I will come to the member's away the opportunity of having a win/win point in just a moment. Yes, a directions report situation. The Opposition knows that in respect has outlined a number of indicative scenarios of the industry plan the figure of 200,000 to assist in the formulation of the regional hectares under the reserve system has been forest agreement, but I do not believe that it described by the conservation movement as a was that. I believe that the difference between joke. The Opposition and I know that the then and now is the publication last Friday of conservation movement will never accept—— the timber industry's regional forest development plan, which I have also read. I Time expired. believe that this debate is a purely political ploy Dr WATSON (Moggill—LP) (Leader of the so that the Opposition can go out to those Liberal Party) (6.43 p.m.): I wish to start off communities and say, "We have rejected their where the Minister for Environment ended and plan." That is what tonight's debate is all speak about other uses of State forests. In about. Let us be clear on what is going on fact, had the Minister been in the Chamber, I here. would have congratulated him on achieving In the wording of tonight's motion, it is something that no other Minister has been claimed that the plan will increase jobs in the able to do since I have been in this place, south-east Queensland hardwood timber namely, to get enough people angry at him to industry through improved productivity, result in a protest rally being held in my improved forest management and the electorate. development of hardwood plantations. By Mr Seeney: And mine. trying to make us reject those words, the Mr Nelson: And mine. Opposition is hoping to be able to go out and say that we reject the forest plan and we are Dr WATSON: And in other electorates. A destroying jobs. It is also being deliberately protest rally was held in my electorate on mischievous in relation to the AWU's Sunday. About 100 horse riders came from involvement in this matter. It knows as well as The Gap Pony Club across the back of Mount we do that it is a part of that plan. This motion Coot-tha to the Brookfield Pony Club at is all about trying to create division. It is not Brookfield Reserve to protest the impending about being constructive. This is not the time restrictions on horse riding and other for party politics. The Opposition should be recreational pursuits in State forests. The rally encouraging people to look at the directions was organised by Environmental Access for report and make submissions. The report Recreation Inc., which was formed to address mentions the matter raised by the member for this particular concern. This is not something Warrego. I am very much aware of what the that has just come out of the blue. I wrote to directions report states. I am pleased to note the Minister for Environment about this issue that in response to those problems, which are on 12 November last year. I thought it would recognised in this report, it states— be worth quoting a couple of comments from "A further rigorous assessment of the his reply, which I received in December. Queensland sustained yield system by Initially, I was fairly happy about what the nationally recognised experts will be Minister was proposing. He stated— carried out before an RFA is finalised." "I agree that there is a need to I want to know the validity of those provide a broad spectrum of nature-based assumptions just as much as members recreation opportunities for the opposite do. I will be pleased to hear the community." findings of that report. We are not covering up Mr Palaszczuk: What's this got to do with this issue and pretending that there are no trees? 1884 Regional Forest Agreement 25 May 1999

Dr WATSON: This concerns alternative Environment and Heritage and recreational uses. This is part of the RFA process. The users. honourable member should listen to this, An Opposition member interjected. because it is very important. The Minister recognised this when he spoke about other Dr WATSON: This is the Minister who issues. says that he is talking to people. Mr Palaszczuk: Your greenie As part of its aims, this group wants to constituents will be after you in a moment. establish better liaison. It wants to identify Dr WATSON: This is a letter from the areas of State forests that are not currently Minister. It states— available for recreational use but which may be of use in the future. It wants to establish a "While I appreciate your constituent's consistent policy for State forest use with concerns, she can be assured that the respect to access and permits and it wants to outdoor recreation sector has not been establish an ongoing relationship with the ignored." Minister's department. It wants to promote the Unfortunately, it would appear that members ongoing education of conservationist values of EAR think differently. Importantly, its flyer for outdoor recreation users of forests. Those stated— are the types of concerns that people in my "If you are a recreational user of electorate and in others across the State are State Forests, National Parks, or Vacant starting to raise. What are the concerns of this group? When the Minister speaks about this Crown Land you need to be involved in matter he uses phrases such as "no net loss". the Regional Forest Agreement Process. This group believes that it is no use simply If You and Your Children want adding extra State forests—— continued recreational access to Your State Forests Get Involved Now or be Time expired. prepared to Lose Access to State Forests Mr MICKEL (Logan—ALP) (6.47 p.m.): for recreational purposes" We were told that the interim forest The people who rode across Mount Coot-tha management agreement will facilitate the and came from other parts of my electorate as South East Queensland Regional Forest part of that protest rally are not radicals. In Agreement process that will establish a forest fact, many of them belong to environmental reserve system to provide certainty to native groups, such as REPA—the Rural forest based industries and, at the same time, Environment Planning Association—in my protect areas of high conservation value. The electorate. They want to ensure that the forest agreement will achieve the twin goals of environment remains available for future maintaining access to the resource for the generations for their enjoyment. They want to timber industry while not closing off future look after the environment, but they are not forest management options in south-east preservationists. They do not believe in locking Queensland. Does any honourable member away everything so that no-one has the opposite really disagree with any of that? opportunity to enjoy or use it. Dr Prenzler interjected. Let me cite again the groups of people Mr MICKEL: The honourable member for involved in Environmental Access for Lockyer disagrees with it. Recreation Inc. They are as follows: the Mr Littleproud interjected. Queensland Endurance Riders Association, the Australian Trail Horse Riders Association of Mr MICKEL: The honourable member for Queensland, the pony clubs, the Queensland Western Downs disagrees with it. I am citing a Association of 4 Wheel Drive Clubs Inc., the media statement from the Leader of the Dual Sport Motor Cycle Riders Association, the Opposition when he was Premier. These were North Brisbane Mountain Bike Riders, and comments made by the then Premier on 16 Tread Lightly! EAR represents thousands of March 1998, under the heading "Historic forest people who use State forests across this State agreement signed". I might say that in the for recreational purposes. same release—— It is important for everyone in the Mr LITTLEPROUD: I rise to a point of Chamber to know the aims of this group. It order. The honourable member has wants to improve the status quo regarding misrepresented me. He indicated that I was access to State forests. It wants to establish speaking against the statement he was better liaison with the Department of Natural quoting. That was not the case. I find it Resources and the Department of offensive and I ask for it to be withdrawn. 25 May 1999 Regional Forest Agreement 1885

Mr MICKEL: I withdraw. In the same answers today and it did not have the answers release, the Leader of the Opposition went on then. So it will be up to the Labor Party, as it to praise Dr Aila Keto of the Australian always is, to come in and clear up the mess Rainforest Conservation Society. All of the that the Nationals could not fix up. things that the Opposition opposes today were The first thing that we need to do is go embraced back then by the Leader of the out and meet with those communities affected Opposition. The Opposition has no principle, and listen to them, and we are doing that. We no consistency and no plan. No matter how also need, out of this process, to give the much the Opposition tries to disguise it, the industry certainty. In that way, businesses will Leader of the Opposition's fingerprints are all put in the money to value add and workers will over the SEQ Regional Forest Agreement decide their future. I would like to see an process. We do not have to do DNA tests on industry committed to import replacement— the books; the Leader of the Opposition is all earning dollars for Queensland. We on this over it—— side of the House recognise the multiple uses Mr HOBBS: I rise to a point of order. We that forestry can be put to in rural would like the member to know that we do communities. We recognise and understand agree with the process. the importance of recreation and tourism in Mr SPEAKER: Order! There is no point of those areas and the conservation values of order. some of these areas. Mr MICKEL: The SEQ Regional Forest But fundamentally, we are concerned for Agreement process began in January 1997 the people who work in that industry—workers with the signature of a scoping agreement by who need and deserve decent workplace the Prime Minister, John Howard, and the then policies from a Labor Government, workers Premier of Queensland, today's Leader of the who in the main have few employment Opposition. So there it is. The Leader of the alternatives and workers who simply want to Opposition and members of the shadow earn their income, pay their taxes and bring up Cabinet have been running around, trying to their families. We cannot be about closing deny ownership of this process. Now they down this industry overnight with the claim to have all the answers, but they had tremendous social dislocation that that would none in Government. It is a continuation of the cause; we need a long-term plan which will see coalition's do-nothing approach to many of the transition to plantation timbers. A transition problems it could not face up to in framework gives the industry time to adjust. It Government. is not a new concept. A transition strategy was implemented in Queensland in the late 1920s Today we should not have to debate the with the harvest then at unsustainable rates of hardwood timber industry and the impact on native hoop pine—— regional towns. Decisions to plant hardwood timber should have been made 40 years ago, Time expired. that is, in the second year of the then coalition Question—That the amendment be agreed Government under Nicklin. The National Party to—put; and the House divided— held most of those electorates and did not AYES, 44—Attwood, Barton, Beattie, Bligh, Boyle, have the foresight to put in place a long-term Braddy, Bredhauer, Briskey, Clark, E. A. plan. Cunningham, J. I. Cunningham, Edmond, Elder, Fenlon, Foley, Gibbs, Hamill, Hayward, Lavarch, Mr Littleproud interjected. Lucas, Mackenroth, McGrady, Mickel, Mulherin, Mr MICKEL: I know it hurts, but those are Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, the facts—undeniable facts. Forty years ago is Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, when it should have been done. Schwarten, Spence, Struthers, Welford, Wellington, Wells, Wilson. Tellers: Sullivan, Purcell Mr Littleproud interjected. NOES, 40—Beanland, Black, Borbidge, Connor, Mr SPEAKER: Order! The member for Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, Western Downs will cease interjecting. Grice, Healy, Hobbs, Horan, Johnson, Kingston, Knuth, Laming, Lester, Lingard, Littleproud, Malone, Mr MICKEL: Bjelke-Petersen freeholded Mitchell, Nelson, Paff, Prenzler, Quinn, Rowell, many of the leasehold areas which today Santoro, Seeney, Sheldon, Simpson, Slack, could have been the source for an enlarged Springborg, Stephan, Turner, Veivers, Watson. hardwood industry. Instead, all those people Tellers: Baumann, Hegarty who supported Bjelke-Petersen held close Pairs: D'Arcy, Goss; Fouras, Pratt those photos of him driving that D9 as he clear-felled all the timber, squandering those Resolved in the affirmative. precious timber resources. So at least the Sitting suspended from 6.58 p.m. to Opposition is consistent—it does not have the 8.30 p.m. 1886 Weapons Amendment Bill 25 May 1999

WEAPONS AMENDMENT BILL violence in the media. But what has he done? Second Reading Nothing. I lost a lot of respect for John Howard over that comment. At least he had the Resumed from 28 April (see p. 1557). decency to realise that there were problems Mr KNUTH (Burdekin—IND) (8.30 p.m.): In with violent videos and with violence in the speaking to the Weapons Amendment Bill, I media, but he failed to act on that realisation would like to discuss a related area that has and he lost my respect. been totally ignored by State and Federal The recent Littleton massacre revealed Governments alike—that is, the issue of the importance of the violence which is a part violence in the media and its contribution to of people's lives. The Australian Institute of violent crime. If Governments are serious Criminology publication No. 55, entitled The about reducing violent crime they must work Portrayal of Violence in the Media: Impacts on the underlying causes, and there are many and Implications for Policy, contained a of these. number of findings. These included that Rather than prohibiting law-abiding violence on the screen is related to increasing citizens from owning certain types of firearms, aggression, desensitisation to violence and which in reality is only the prelude to increased fear of crime, that violence in the confiscating all privately held firearms in media may contribute to violent crime but is Australia, we should be looking at the factors not the single cause, and that the general which produce violent people. I think we all public is concerned about the effects of on- have some idea of the factors that contribute screen violence. Most alarmingly, the report to people becoming violent. Some of these found that children are at most risk from these factors are drug addiction, unemployment, effects and that young adults may also be at poverty and family breakdown. But there is risk. another very important factor that has received In the same report Professor Leonard scant acknowledgment by politicians and even Eron, from the American Psychological less action—that is, violence in the media. Association, contended that television violence Since all Governments to date have been is a significant factor but not the only cause of powerless to stop this scourge of aggression and violence in society today. He unemployment, drug addiction and poverty, said that aggressive behaviour is the product they have decided on the illogical course of of a number of interacting factors, including action of banning firearms in the vain hope it genetic, psychological, neurological and will fix the problem. But it will not fix the environmental. It is only when there is a problem. It will only make politicians look like convergence of factors that violent behaviour they are fixing the problem. This course of occurs. action was developed in the wake of a tragedy The professor is correct when he says that and used to appease people's fears at a time it is the convergence of a number of factors when the whole nation was emotionally which causes violence. Today in Queensland, distraught. Obviously very little thought was put and indeed Australia, we are experiencing into the actual causes of firearms misuse. Very such a convergence of factors producing little thought was put into developing the violence—escalating drug use, escalating legislation and very little consideration was unemployment, escalating poverty and the given to its ramifications. destruction of families—which to date John Howard used the tragedy to make a Governments have been powerless to stop. It mark and to appear to be strong and to have is no wonder we are experiencing the surge of made a stand to comfort the victims, while not violence that we are, and until all improving the firearms laws in this country. The Governments, State and Federal, act to guns buyback legislation does nothing to reduce the underlying causes of violence, no make Australia safe from weapons misuse. progress will be made. The reason is that it has no effect upon the Television, movie, computer and print underlying causes. It is similar to taking a violence appears to be growing at an alarming tablet for a cold. It might relieve the symptom, rate. Although the classification and but it does not cure the cold. The Port Arthur censorship of material is the responsibility of tragedy was used for political point scoring—an the Federal Government, members of the insult to the victims and their families. State Government should push the Federal The Prime Minister acknowledged the Government strongly for the issue to be taken effect of media violence upon Martin Bryant. seriously by all Governments, for only by After the Port Arthur tragedy John Howard addressing the contributing factors to violence made a promise to do something about the will violence be decreased. Some responsibility 25 May 1999 Weapons Amendment Bill 1887 for the violent content of our media must fall society but that people are affected by the upon Governments, for only Governments violence they see. have the power through legislation and Banning firearms is not and never will be regulation to effect change. the end of violence in our society. As firearm The current trendy attitude amongst related crimes have fallen, we have seen the politicians is that Governments should not rise of violence committed with knives, swords restrict violence because Governments should and other offensive weapons. not preach morals to people. They scream that Government members interjected. censorship is bad and that adults should be allowed to watch anything they like. While that Mr KNUTH: I suppose the interjecting may be the case, young people are exposed members of the Labor Party would not believe to too much violence from a very young and that. We must work to end the violence, not impressionable age. But if the Government will the firearm ownership of good, law-abiding not take some sort of responsibility on the citizens. It is for these reasons that I commend issue of violence in the media, who on earth this Bill to the House. will? Can we afford to leave it to Hollywood to I will restate a comment made to me by a dictate what sorts of programs our kids watch? man I met in my travels. He said to me, What sort of role models are we providing for "Governments will not stop banning weapons our children so that they can learn what sort of until they ban the stones from the side of the behaviour is acceptable and what is not? road." He is probably right, because most Surely we do not wish our children to inherit politicians in this country are too afraid to and adopt a set of Hollywood morals. recognise the real issues behind crime in this With so many churches morally bankrupt land. They think that banning the instrument and with natural families containing a mother will prevent crime. How false! The recent and father becoming a rarity, who else but firearm buyback scheme has proved that none Government can make a change? With regard of this is working. Crime is still escalating. I ask: to broken families, the lack of a father role will the next step be to remove all firearms in model is a particular problem with young existence? Maybe that is what members males, who, unfortunately, are responsible for opposite really want. Surely that will stop the most of the violence and crime in society. The killing. Wrong again! lack of family role models and support means The other night, I watched a Four Corners that many young people probably model their program on Rwanda, where the greatest actions on movie stars or rock stars, which is a genocidal act witnessed in 50 years took place frightening thought. The editorial of the within four months. Approximately 1.2 million Sunday Mail on 28 February 1999 said that it people were butchered—not by guns, bombs is futile to hope that a culture that enshrines or hi-tech weapons, but by axes, machetes, violent heroes will not produce violent children. knives and rocks. The Four Corners program The movie and entertainment industry is a proclaimed that these murders outdid Hitler's very powerful lobbying force. This is the main and Stalin's genocidal acts in World War II by reason Governments are paralysed on the the fact that they were able to commit these issue of violence in the media. In the book the atrocities in such a short time. Global Trap, Dr Hans Martin says that we will Yes, we can ban guns, knives and soon enter the age of the 80/20 society, where swords. And if that does not stop the killing, we only 20% of the current work force will be can then ban machetes, axes, ropes and required to produce the goods and services of sleeping pills, and then even the stones on the society and the other 80% will have to be kept side of the road. I think it is time for us, as occupied by "tittytainment"—a combination of politicians, to refrain from pandering to the sex fantasy and, presumably, copious expertise of the all-knowing elite sections of violence. Perhaps this is the reason we must the media and the academic fraternity and have so much violence on television. seek for ourselves with an open mind what is Although it will not be easy, politicians behind all this violence. What drove a man to should talk to the people—not consultants pick up a weapon, and what motivated him to charging exorbitant fees, but normal massacre 35 people at Port Arthur? constituents—and develop a course of action. What is the link between violence on the They might be pleasantly surprised and screen, children's video games, alcohol, drugs enlightened to find that ordinary people have a and pornography? I recall watching a video on good grasp of the problems and the solutions. one of America's horrific mass murderers, Ted With the solutions will come the understanding Bundy. He gave an account of how his interest that firearms do not cause violence in our in soft porn turned into hard porn, which in 1888 Weapons Amendment Bill 25 May 1999 itself turned into snuff porn. This led him to inquiry into why crime is escalating, why our start acting out his own real-life fantasies by society is becoming more violent, and to tackle murdering dozens of women. I could go on the cause of that problem. Members opposite about this video, but I do not have the time. can ridicule me as much as they want to, but The apocalypse of this video ends with his the fact is that the statistics are there, the truth confession. When asked by Dr James Dobson, is there. Violence is becoming more and more one of America's leading psychologists, "Do prevalent in society today. Yes, we can ban all you believe that there is a link between the firearms. I wish that we could take away violence on the screen, pornography and every firearm in this country for 12 months just murder?", he said, "Most certainly. Everything I to prove members opposite wrong. The facts have done is a result of these activities." I are that it does not matter what a person has believe that it is time for a public inquiry, or in their hands; if they want to commit a violent perhaps even a royal commission, to crime, they will find a weapon and they will investigate these links to violence. Let us open commit the crime. our eyes to alternative measures, instead of My wife needs her kitchen knife, and singling out law-abiding firearm owners— farmers and fishermen and people on the land people from all walks of life who enjoy their in all sorts of jobs need theirs. Do we really sport as much as anyone else enjoys theirs. want to go that far? Or do we, as What must be remembered is that, prior representatives of our constituents, really want to the last 25 years, firearm ownership was to find the cure for crime in our society? I think more common than it is now, yet crime was that is the better choice. That is why we are in minimal. Now, with less firearm ownership, this Chamber tonight. It is not to blame the crime is rampant. This is proven in statistics people who are not committing the crime; it is from the Australian Institute of Criminology. Let to look at why the crimes are being committed. us look at Switzerland—a country with the That is what we should be doing. highest firearm ownership in the world, a I support this Bill. It is realistic. It is actually country where it is mandatory for every more detrimental to the cause of criminals in household to own a military assault rifle. Yet our society. It actually makes it harder for crime is virtually non-existent in Switzerland. Is criminals to access firearms while easing the this because of the emphasis on the strength burden for law-biding citizens to continue their of the family unit? Whatever the reason, legitimate sport, as they have done in the Switzerland is an example that the anti-gun past. I owned one of those SKS assault rifles. I lobby does not wish to discuss. The same can would be lucky to go shooting once a year. But be said for Iceland, Finland and Sweden. I like to know that I have a firearm in my safe. I Let us look at Japan—a country with very was not a criminal, but I was branded a low firearm ownership, yet the highest suicide criminal because I had a firearm. I did not rate of any Western nation. I do not wish to commit that crime in Port Arthur and I am quite keep going into statistics, because statistics will sure that a lot of other Queenslanders did not, prove time and time again that the anti-gun either. But Queenslanders were very hurt by lobby has got it wrong. Now, let us look at the the proposed gun changes. They felt as anti-gun lobby. Who can remember Rebecca though they were the criminals, and that is why Peters? Well, Miss Rebecca Peters, whom I they protested at the last election. believe—according to SSAA reports—has had I am really amazed—and it is hard to a sex change, is now leading a group who believe—that some constituents in my wishes to legalise dangerous drugs such as electorate who still support Labor like to fire heroin, crack and speed for young Australians. firearms. But slowly, they are coming to their So what we have here is someone who is not senses. They see the Labor Party's resistance quite sure whether they are Arthur or Martha, to the ownership of firearms and they are who set out on a crusade to ban all firearms starting to come over. I thank them for their from Australia and is now advocating that we wisdom. kill our children with drugs. This shows the sort Mr Dalgleish: There can't be many of of lunacy of the so-called moral few who wish them. to set such high standards by proclaiming the banning of firearms to save lives. I think this Mr KNUTH: There are a few. There are person has lost all credibility and should never not a lot. be taken seriously again. Mr Pearce: We'll see after the next The purpose of my speech is to gain election. support from my parliamentary colleagues in Mr KNUTH: Either way, they will not be seeking the answers and initiating an all-out supporting the honourable member's bunch. 25 May 1999 Weapons Amendment Bill 1889

I support this Bill. I believe that it is a good but also for acquiring and selling firearms. Bill, despite the criticisms from members on Mr Feldman would retain requirements for one side of this House. licences for possession, but controls on Mrs ATTWOOD (Mount Ommaney—ALP) acquiring and selling? Certainly not! (8.47 p.m.): The amendments to the Weapons Mr Feldman believes that licensed firearm Act 1990 proposed by Mr Feldman in this Bill owners should not be subject to unnecessary would have the result of seriously eroding the regulation or intrusion. effectiveness of the systems established in the I ask him: what interest does the present aftermath of the Port Arthur tragedy three regulation of acquisition and sale of firearms years ago to control the possession and use of serve if it is not the public interest and firearms in the interests of public and individual individual safety? Would the people of safety. Queensland believe that such regulation is In support of his singular approach to the unnecessary and intrusive? Would the people firearms safety issue, Mr Feldman states that of Queensland believe, as Mr Feldman the existing control system has grown to be an apparently does, that removing regulations on administrative nightmare and very wasteful of the control of buying and selling firearms will police resources, which would be far better assist the fight against crime? utilised in fighting real criminals, and that the In a practical sense, how would the number of offences involving the use of proposed amendments work to make the job weapons has increased. In fact, as the of the police in fighting serious crime easier Minister has already shown, the number of and more effective? What elements of Mr offences involving the use of weapons has Feldman's Bill will assist in his declared aim of fallen in the past 12 months to the lowest level fighting the real criminals? For a start, Mr this decade. Feldman would allow a firearms licence to be If Mr Feldman is serious about the issue issued— of fighting real criminals, why is he proposing, through this Bill, to make it easier for criminals Mr DEPUTY SPEAKER (Mr Reeves): to acquire weapons and, having acquired Order! I ask the honourable member to refer to them, to evade and manipulate the vestiges of the member for Caboolture, not Mr Feldman. control that would remain in this legislation, Mrs ATTWOOD: For a start, the member because they would appear to be the objects for Caboolture would allow a firearms licence to which the Bill is designed to achieve? be issued not subject to a fixed term of five How is Mr Feldman going to achieve years, as it is at present, but for an unlimited these objects in the legislation? By disdaining term. This would mean that the regular review the public interest principle underlying the Act, of licence holders at the expiry of the term to which subordinates the possession and use of determine whether the licensee is still eligible weapons to the need to ensure public and for a licence, or to reconsider the conditions of individual safety; by removing the prohibition in the licence, would not take place. The police section 4(a) on possession and use of all would be deprived of valuable data concerning automatic and self-loading rifles and automatic the currency of licences and intelligence on and self-loading shotguns, except in special firearm ownership. Licensees would not be circumstances; and by disintegrating the placed under a recurring obligation every five present integrated licensing and registration years to establish that they have genuine scheme provided for in section 4(b). In fact, reasons for possessing a weapon. Mr Feldman does not see the need for a The clear beneficiaries of such a change registration scheme at all, if we take his to the law would be the very criminals the proposed amendment seriously. Perhaps Mr member for Caboolture believes are being Feldman can explain what an integrated inadequately policed at the moment. The licensing scheme is, what it will be integrated member for Caboolture's support for this with and, further, how such a scheme will more approach to a lifetime right to a licence comes effectively equip the police to better fight the very close to the discredited right to bear arms real criminals. philosophy of the pro-gun lobby. It is Mr Feldman's apparent disapproval of the discredited because events such as the Port manner in which the present Act seeks to Arthur murders and other incidents where achieve the objective of firearm control does innocent people are killed or injured in the path not end with the licensing and registration of firearm misuse have demonstrated to scheme. He also has no time for a system that ordinary Australians the public danger in not exists upon strict requirements not only for controlling access to firearms. Queenslanders licences that authorise possession of firearms may have a right to bare arms, but that is 1890 Weapons Amendment Bill 25 May 1999 b–a–r–e—a consequence of our congenial will also have to deal with a new menace in the climate. It has nothing to do with toting guns. community in the form of an uncontrolled Having obtained an open-ended licence marketplace for firearm dealing and a free go under the proposed system, how will a licence for people who would otherwise face severe holder go about acquiring a weapon? At penalties, including imprisonment, for present, unless a person is a licensed dealer, unlawfully dealing in firearms. a licence holder must obtain a permit and Once again, it would seem that the real must acquire the weapon from a licensed beneficiaries would be the criminals whom the dealer or through the police. There are member for Caboolture wants the police to penalties, including imprisonment, for a breach concentrate on. The losers would be the of these requirements. Queensland community and the police who, The member for Caboolture proposes to with their hands securely tied behind their scrap the requirement for a permit for category backs, will do battle with criminals who are able A, B or C weapons and requires only that the to take advantage of the weakened firearm purchaser has a licence. The A, B and C control laws with impunity. categories cover weapons ranging from air Another key element of the Bill is the rifles to semi-automatic rimfire rifles and proposed amendment to Division 4 of the Act shotguns and pump-action shotguns. which requires the commissioner to maintain a Effectively, the police will no longer have firearms register. Information on category A, B permit records to check on ownership and the and C weapons will no longer be required. Of transfer of weapons in these categories. At course, in light of the other proposed present, police can trace the ownership of a amendments concerning slackening of weapon that has been used in a crime by controls on these weapons, the commissioner accessing licence and permit records. Who will would not be in a position to have information be assisted if such records are no longer kept? to place on the register. It certainly will not be the police who are An additional concern, however, is the investigating criminal activity. proposal to narrow the power of the What if a person who has a weapon commissioner to communicate information on wishes to sell it? At present, the sale or the register to other entities within and outside disposal of such a weapon must be done the State. In particular, clause 15 of the Bill will through a licensed dealer or through a police allow the commissioner to release information officer. In this way, an unbroken record of generally only to police services of the other ownership is maintained through the licence States and the Commonwealth. The release of and permit system and police are in a better information to any other entity would be position to monitor weapon movement and restricted to information on the type, make, unlawful weapon dealing. calibre, action and magazine capacity of a With this Bill, the member for Caboolture firearm, but not its serial number and the proposes to abolish these controls on the reason for possession of the firearm or why the disposal of category A, B and C weapons. All firearm was needed. that persons who wish to dispose of such Such an approach would seriously weapons would need to do is satisfy hamper cross-border investigations and themselves that the potential buyer or acquirer policing. It would affect the operations not only has a licence. Can the member for Caboolture of the Queensland Police Service but also of really believe that, when it comes to trading in law enforcement agencies in other dangerous weapons, a self-regulating system jurisdictions. Once again, criminals would be where the seller is honour-bound not to sell a the beneficiaries. As the National Crime weapon to an unlicensed person will work, Authority is not a police service, only the especially when no independent record of limited categories of information would be transactions needs to be created and there is available. Similarly, the Customs Service, no avenue for official scrutiny? courts and coronial inquests will be denied In effect, the legislation would foster a access to information upon which they may market for the private sale of firearms and formerly have been able to depend in the criminals would have unfettered access to performance of their functions. automatic and semi-automatic weapons. How Consideration of the proposed much of an efficiency and effectiveness amendments so far has not demonstrated quotient would such a situation contribute to how the Police Service will be assisted in the police resources in fighting real criminals? Not fight against real criminals. However, there is only will the police have less information and also to be a prohibited persons register which resources to assist with investigations, but they the member for Caboolture has stated will help 25 May 1999 Weapons Amendment Bill 1891 ensure that only fit and proper persons are that this Bill will not—and I repeat, will able to be granted a licence. not—allow the unrestrained ownership of and How will this register work? The register will trade in semiautomatic weapons or, for that contain the names of people who are not fit matter, any other weapons. On the contrary, and proper because of a mental or physical only persons who do not have a criminal condition or because of convictions for certain record and who complete the required offences within the previous five years or theoretical and practical training and then because of domestic violence orders made obtain a weapons licence will be able to legally within the previous five years. In each case, obtain a category A, B, or C weapon. the register will be an effective information Those who wish to obtain a category D source only if it is maintained with up-to-date weapon, in addition to satisfying the above disqualifying data from the medical profession requirements, will have to demonstrate a and the courts. legitimate reason for having such a weapon, The maintenance of the register will such as an occupational need or being a create a significant administrative overlay to member of an appropriate organisation. In the information systems already required to be case of a category D military firearm, a person kept. As has already become evident from a will have to be a member of a properly consideration of other features of the Bill, there constituted military rifle association, such as will remain key aspects of the firearms control the Queensland Military Rifle Club scheme which will derive no benefit from the Incorporated. These requirements are the kind of information the register will contain. For same as those that are presently required for instance, the fact that a person may be listed category H weapons. The current regulations in the register as not being a fit and proper are perfectly satisfactory. person to have a licence will not prevent that I remind the House that military rifle clubs person from having the ability to buy or were formed under the auspices of the otherwise obtain a category A, B or C weapon Defence Act 1903. They were formed to on the open market quite outside the formal provide a pool of semi-trained civilians who control system. would be able to contribute to the country's Again, because the Bill will enable firearm defence in the event of war. Our reliance upon licences to be issued for an unlimited term, high-technology weaponry at the expense of there will be no formal review from time to time manpower may also prove to be a fatal error in of a licence holder's eligibility to hold a licence. a future war. One only has to look at the war in The Bill, if passed, would set Queensland up the Balkans to realise that technology can very nicely as a gun-friendly State and a haven never replace ground forces. In this age of for armed criminal elements at a time when cost cutting, our defence forces have been cut Australia is being seen as leading the way in to the bone and the need for training facilities firearm control and is the envy of concerned such as the Queensland Military Rifle Club is citizens and legislators in other countries, such greater now than ever before. That is why we as the USA, from whose more extreme believe that members of these organisations elements the pro-gun lobby here derives its should have access to category D military ideology and reforming zeal. weapons, provided they satisfy all the The Queensland Parliament is being conditions. asked to legislate for a public policy backflip, to We are as safety conscious as anyone ignore the evidence that shows a causal link else, and we strongly believe that only suitably between firearm availability and violent crime qualified, fit and proper persons should be and to disdain the reasoned, informed and able to legally own firearms with a minimum of strong support that the people of this State Government interference. That is why we gave to the introduction of strict firearm control. support the establishment of a prohibited I certainly do not support this amendment Bill. person's register. The Minister says that our Bill Dr PRENZLER (Lockyer—ONP) (9 p.m.): will make it easier for criminals to obtain Tonight, I will take this opportunity to debunk firearms. As the crime statistics prove, criminals some of the nonsense and hysterical in this country have never had any problem in contributions that some members have made obtaining any weapons that they require. during this debate. Firstly, the Police Minister's Despite the destruction of some 600,000 misleading and baseless statements indicate weapons during the gun grab in the firearm an appalling lack of understanding of his amnesty, crime involving firearms is portfolio. He says that this Bill will allow the accelerating. unrestrained ownership of and trade in Mr Knuth: Not according to the Labor semiautomatic weapons. I say here and now Party. 1892 Weapons Amendment Bill 25 May 1999

Dr PRENZLER: We realise that. They Party. He said that the National Party cannot have statistics different from ours. support this Bill. I believe that he does not Mr Barton: They're only official statistics. believe that self-defence is a valid reason for owning a firearm. I am very pleased that the Dr PRENZLER: How does the Police member for Surfers Paradise has said what he Minister explain that? I will give members a really thinks about self-defence, and we will be clue. The Government took the guns off the doing our best to distribute his comments farmers and the pensioners and all the other throughout country Queensland so that people good people, but it did not take them from can make an informed choice at the next those with criminal intentions. Regarding the election. proposed prohibited person's register, the For the edification of the House, let me Minister is worried about the administrative state once more that a person can obtain a requirements. We say that if he stopped firearm for self-defence or for any other reason monitoring the hundreds of thousands of good if and only if they have a clean criminal record. Queensland firearm owners—and there are They have to complete the required practical lots of them; most people who own firearms and theoretical training courses and they can are good, decent citizens and the Minister well then obtain a licence. I would like to point out and truly knows that—and instead to the House that it is no good having the right concentrated on monitoring the unsuitable of self-defence under the Criminal Code if people who apply for a licence, we could people do not have the means to defend prevent many unsuitable persons from legally themselves. How is an older person supposed acquiring firearms and still save police to protect himself against one or more drug- resources. The concept of a prohibited crazed home invader if he has no access to person's register is not new. In fact, the such a weapon? Explosives Act 1999 establishes such a list. In the Courier-Mail of Tuesday, 11 May, In terms of the community liaison panel, we learned that in the past few weeks more we are well aware that the current Act provides than 30 elderly people in south-east for such a provision. The reason that we have Queensland have been assaulted. The included the community liaison committee in Tasmanian RSL wants people to be able to the Bill is that we want to see it put into obtain a firearm for self-defence. I fully support operation. The National Party never did that stance. In my opinion, if somebody anything about it when it was in Government invades a person's home, that person is and I have no doubt that this Labor invading someone's personal property, putting Government would not do anything about it that person's life, property and family in unless we prompted them. danger. Such a person has no right to be Regarding our proposal to change the there and has no right to any protection under storage requirements for firearms under certain the law. circumstances, I wish to put the Minister at The leader of the Liberal faction of the ease. The current restrictive requirements are National Party boasts that if it were not for him, ridiculous. Farmers need to be able to drive Canberra would have imposed absolute around their paddocks without the necessity to national control on the issue. Honourable repeatedly stow and retrieve their firearms. I members know that the Federal Government can assure many members opposite that if had no constitutional power at all to impose they are out in the bush and have to shoot a any firearm laws in Queensland. The Prime dingo or something very, very quickly, after Minister himself even said so. The only reason taking their firearm out of a locked safe, we have these stupid gun laws now is that the putting the bolt back in and finding their Leader of the Opposition, when he was the locked-up ammunition, that dingo is half a Premier, ceded Queensland's jurisdiction to kilometre away. Canberra. If the Leader of the Opposition Mr Knuth: They wouldn't know that, fought so hard for Queensland, then he because they don't come from the land. should prove it. I call on him to table any evidence that he has to back his claims. The Dr PRENZLER: That is what I am trying to Leader of the Opposition also complains that tell them. We know that. If the Minister thinks the Democrats now have the balance of power that we are barking up the wrong tree, then I in the Senate. I put to him that if it was not for suggest that he goes out to the bush and has the National Party who gave their preferences a talk to some of those farmers. to the Democrats instead of One Nation, the I turn now to the contributions of the balance of power in the Senate would be quite leader of the Liberal faction of the National different. 25 May 1999 Weapons Amendment Bill 1893

The Leader of the Opposition also said at gunpoint. Police said that that was the that the National Party will fix things when it fourth robbery of the week and they warned gets back into Government. That is not good late-night traders to be on guard against enough. The temporary Leader of the bandits. However, what are they supposed to Opposition says, "Just vote for us one more use to protect themselves? Harsh language? time and I promise we will fix the problem we The Attorney-General said that the created when we were in Government." They defence of one's self or family is not a genuine have promised a new set of gun laws and a reason to acquire and own a weapon, and for new policy on gun laws at the next election. If once is in complete agreement with the they are saying that the current law is no good National Party. What does he say to the 30 or and that they want to fix it when they get into so elderly Queenslanders who have been Government, why on earth did they introduce bashed and brutalised in the past month or the stupid law in the first place? It is no good so? How does he explain to those older waiting for the next election, because probably citizens that they cannot keep a weapon to there will never be another National Party defend themselves so that they are helpless? Government in Queensland if they do not start We believe that, provided a person meets our sharing their preferences with One Nation. If stringent requirements and obtains a licence, the coalition or any other member wishes to self-defence is a completely valid reason to amend our Bill, we call on them to do it now or acquire and use a firearm. Indeed, it is a forever hold their peace. It must not be used human right that no Government should be as a political war ground. able to remove. What is the use of the self- I turn to the lacklustre contribution of the defence clause in the Criminal Code if people Attorney-General, who is a bit of a bore and a do not have the means to defend windbag at the best of times. Firstly, let me themselves? state that it was the Government that cynically I also take offence at the Attorney- organised the debate of the legislation to fall General's disparaging attitude towards One on the third anniversary of the Port Arthur Nation and, by extension, the half a million massacre. They should be ashamed of Queenslanders who have had a gutful of themselves. As members would realise, the Bill Labor and the coalition parties. For the was introduced into the Parliament on 11 edification of the Attorney-General, I point out November last year. The Attorney-General's that so far One Nation has introduced nine cynical aspersion that the introduction of this pieces of legislation into the 49th Parliament of Bill was deliberately timed to coincide with the Queensland. They span a wide and diverse end of World War I is totally unfounded. No range of issues, from truth in political symbolism was intended by our party. In any advertising to improving defamation laws and event, I make no apology for the introduction improving security of payment for of a Bill to enable the protection of one's subcontractors. We have introduced those family. That was just one of the freedoms for sensible pieces of legislation to fix outstanding which those brave men fought and died. The problems that the Labor Party and the Attorney-General stands doubly condemned coalition parties cannot or will not fix, and we for attempting to score political points and for will continue to do so. belittling the sacrifices made by our diggers. The Attorney-General said that Governments It is a bit rich for the Attorney-General to throughout this nation took a stand against the say that he is tough on crime and the causes culture of violence, but have they really done of crime. The other day on the radio we all anything except disarm good, honest heard the Attorney-General spluttering about Queenslanders? the release of armed service station robbers, who returned to the very service station that The Attorney-General knows full well that they had robbed and taunted their victim. despite the gun grab, there is now more Where are the Attorney-General's tough violence, drug addiction and armed robbery in sentencing provisions for armed criminals? Queensland than ever before. Unfortunately, they are down the drain with Mr Knuth: Not according to the Labor that victim's tears. The Attorney-General's Party. conduct was pathetic and an embarrassment. Dr PRENZLER: Yes. Those are the He should hang his head in shame and he figures. On 11 May in Brisbane, a man in his should resign. This is one of the few times that 50s was bashed in his home, and on the Gold I have agreed with the temporary Leader of Coast, a 55 year old woman was handcuffed the Opposition. in her home by two armed bandits. On the In general, no-one can deny that same day, a Gold Coast fruiterer was robbed Queenslanders have had a long and 1894 Weapons Amendment Bill 25 May 1999 successful relationship with firearms and that Dr PRENZLER: No, not one. There were the violent crimes that we are witnessing today guns there, but they did not use them. No are recent aberrations. For a long time, firearms were used in the attack in Rwanda, Queenslanders have owned more firearms per but that did not stop the horrible slaughter. capita than the residents of any other State in How many Tutsi lives would have been saved Australia, yet we have the lowest incidence of if a few of them had firearms with which to firearm-related crime. This crime has nothing to defend themselves? More recently in do with the civilian ownership of firearms. It is Indonesia we saw images of warriors certainly caused by the fragmentation of our displaying the decapitated heads of their society in general. We now live in an era that is enemies, whom they killed using primitive and arguably devoid of morals, obligations and improvised weapons, not firearms. These are responsibilities to the community and to examples of atrocities perpetrated with a ourselves. This Government is doing nothing complete absence of firearms. How many lives to rectify the moral vacuum. Indeed, it is would have been saved if the villagers had exacerbating the situation by encouraging access to firearms to protect themselves? prostitution and pushing homosexuality in our Recent events in Rwanda and Indonesia show schools and soon will be confiscating our land that responsible firearm ownership and to give to the multinational corporations. violence is not related. I draw the Attorney's attention to an article In conclusion, the collective safety of by Chris Griffith that appeared in the Sunday society is not jeopardised by the private Mail of 2 May 1999. In that article, Lieutenant ownership of weapons by responsible persons; Colonel David Grossman, a retired US military rather, it is enhanced. The right to defend professor and behavioural expert, said that oneself and one's family is an immutable there was ample evidence to link violent video right—and a human right—and, although games and violence. By what authority does tolerated in the Criminal Code, is a he make such a statement? He has trained meaningless right without the means or the US military troops on video games to improve tools with which to defend oneself. As time their accuracy and to desensitise the soldiers goes by and as violent attacks continue, to killing people. They use variations of people will continue to exercise their right to commonly available games such as self-defence by the means at their disposal, Doom—games that are available to our regardless of whether or not the Government children. approves. It does not take too much thought to realise that a criminal, if he knows that the Recently in the Courier-Mail, Dr Jill owner is armed, will think long and hard before Brannock of the Queensland University of breaking into a dwelling and risk being shot by Technology said that young Australians were the owner. Therein lies part of the solution to learning problem solving and aggression from our increasing burglary and home invasion violent video games. The president of the problems. Queensland Council of Parents and Citizens Association, Sarah Nelson, said that the The national gun grab was poorly negative impact that violent media had on planned, poorly executed and has failed to children could not be denied forever. Is it any stop crime or improve public safety. In wonder that we have the problems that we addition, the Government has trampled on the do? rights of good Queensland firearm owners, who are being demonised and persecuted by I realise that the problem is complex and the politically correct but particularly stupid goes beyond violence in the media, but Labor and coalition parties. One Nation has something has to be done to reinforce correct proved its courage and determination to stick forms of behaviour in our young people. The up for Queensland firearm owners—— firearm owners of Queensland have paid an unjust price and now it is time for the root Time expired. causes of our defective and dysfunctional Mr BLACK (Whitsunday—ONP) society to be addressed. (9.20 p.m.): In relation to the flimsy Those members who are so blind that contribution made by the Leader of the Liberal they cannot see, as the Attorney-General puts Party, the member for Moggill, one would it, should reflect on the massacre in Rwanda expect that a man with as many qualifications where rampaging Hutus slaughtered one as the Leader of the Liberal Party would be million Tutsis with nothing more than blades, reasonably intelligent, but there appear to be sticks, clubs and stones. reasonable grounds to refute that supposition. For example, the Leader of the Liberal Party Mr Knuth: Didn't they have any guns? cannot or will not recognise the difference 25 May 1999 Weapons Amendment Bill 1895 between the causes of violence in our society suicide in Japan, where civilian ownership of and the outlets used to vent that violence. The firearms is banned? causes of domestic violence are many, but the As to the 1688 Bill of Rights—this Act is in most important ingredients of domestic operation in Queensland as evidenced by the violence and violence in our society are Imperial Acts Application Act 1984. It is poverty, unemployment and economic irrelevant to our argument that the Bill of desperation, caused by the implementation of Rights mentioned Protestants, as section 116 the simplistic theories that the member for of the Australian Constitution guarantees us Moggill used to preach at university. Goodness freedom of religion. However, what is relevant only knows how much domestic violence the is that the 1688 Bill of Rights very clearly Leader of the Liberal Party has caused over confers a right to possess arms suitable for the years, blinded by ideology in his role as the self-defence, in addition to arms as allowed by patron saint of global economics in the law. Queensland Liberal Party. Yes, the religion of economic rationalism The Liberal Party Leader may argue to is the root cause of violence in our society, not the contrary all he likes, but until the matter is firearms. Queenslanders have owned firearms settled in a court the debate will go on. The for 150 years, but a violent society is only a right to self-defence is an inalienable right—a recent abomination. A family losing its source God-given right—which no Government can of income becomes an unhappy family in remove. However, it is meaningless without the which quarrels will develop, but anyone, with means to protect oneself. Because our Police the exception of the Leader of the Liberal Service cannot protect us, people will demand Party, can see that prohibiting the ownership access to firearms to protect themselves. As of firearms will not stop the problem. The long as they are good law-abiding Leader of the Liberals says that he does not Queenslanders, we will support them all the want Australia to become like America; he way. wants Australia to be Australian. So do we, I will read to the House part of a letter and that is why One Nation was formed—to sent to a Townsville constituent on 6 August keep Australia Australian. But unfortunately, 1990. It states— thanks to the Liberal philosophies and policies "Dear Mr Constituent, of people such as the member for Moggill, we are now aping the Americans more than ever Thank you for your letter of 31st July before. We are aping the Americans in terms regarding the State Government's of crime, drugs, racial problems, cultural proposed changes to Queensland's destruction, political correctness, movies, food, firearms legislation. clothing, media, foreign policy—you name it. I The Liberal Party does not support point out to the well-educated but intellectually the registration proposals advanced by stunted member for Moggill that the people of the Labor government as we believe the Queensland have enjoyed a long and scheme is neither effective in preventing harmonious association with their firearms, and crime nor easy to administer. that our disintegrating, dysfunctional, violent and immoral society is a direct result of people The Liberal Party believes that a such as him forcing Americanisation on us. register of people prohibited from owning The member for Moggill mentioned a firearms should be established ..." study conducted by Kellerman and Reay in Mr Deputy Speaker, whom do you suppose 1986. He should know that the claims made sent this letter to this constituent? It was none by Kellerman and Reay are a gross distortion other than the Leader of the Liberal Party, Dr of the truth and that this study has now been David Watson. We now see that the Leader of thoroughly discredited. What the member for the Liberal Party is a political prostitute who will Moggill has not told the House is that 85% of say and do anything to con the voters. Mr Kellerman's homicides caused by Mr DEPUTY SPEAKER (Mr Mickel): "someone you know" were in fact suicides. Order! That is unparliamentary. The Another 8% of the data was considered honourable member will withdraw. unreliable and the remaining 7% included drug dealers, gang members and criminals killing Mr BLACK: I withdraw. The Leader of the each other. I must say again that I am National Party should also join the Liberal surprised by the lack of academic Party, which is where he really belongs, professionalism displayed by the Leader of the because he is a millstone around the National Liberal Party. How does the well-educated Party's neck—an albatross dragging the member for Moggill explain the incidence of National Party down into oblivion. 1896 Weapons Amendment Bill 25 May 1999

This speech tonight is based on fact, not at all to criminals. Just last week a bandit hysteria or supposition. In all of the hysteria menaced a Calamvale service station surrounding the national gun grab, precious attendant three times in the same day using a little use has been made of factual information knife and a hand gun. Police officers concerning firearms, crime and suicide, and I discovered later that he had an SKS rifle in his will attempt to inject some commonsense into possession. The question needs to be asked the discussion. National firearm legislation again: why did the bandit not hand in his pistol disarms only honest law-abiding citizens, not and SKS rifle during the buyback? criminals or sinister people with sinister The CJC report, A Snapshot of Crime in thoughts. I have always believed that the Queensland, from the research paper series, buyback would be ineffective in stopping Volume 5, No. 1 of February 1999, states an crimes committed with firearms, and the facts interesting fact, namely, that armed robbery and figures reveal that this is the case. The rose 112% from 17 per 100,000 of population most important fact is that crimes committed in 1989-90 to 36 per 100,000 in 1997-98. with guns have increased since the gun grab. Although the CJC figures stop at 1997-98, Inspector John McCoomb, the head of anecdotal evidence from press reports the Weapons Licensing Branch, stated in the indicates that the incidence of armed robbery Sunday Mail on 24 January 1999 that crimes is still increasing. involving guns had soared during and since These are alarming figures and they the buyback. In 1997, robberies involving guns demonstrate that the prevalence of armed leapt 39%, and assaults involving guns have robbery has not been affected by the gun climbed 28%. If anyone is qualified to talk buyback one iota. The CJC report also states about corruption in the buyback, it is Inspector that drug offences in Queensland have McCoomb. I am appalled by the disgraceful increased from 365 per 100,000 of population treatment that Inspector McCoomb has been in 1989-90 to 992 in 1997-98. The CJC subjected to just because he told the truth. believes that these figures are an Ample evidence of buyback corruption was overstatement of the true situation. Be that as presented to the House by the Police Minister it may, drug use is increasing and it would be when he was in Opposition, and lately by the fair to assume that much of the increase in member for Caboolture. It is absolutely armed robbery is the result of drug addicts outrageous in this post-Fitzgerald era that stealing money and property to feed their Inspector McCoomb is being persecuted for habits. his whistleblowing efforts. How has he been rewarded for his integrity? He has been Banning guns will not curb drug-induced removed from his job. I understand that he is armed robbery as drug-crazed bandits will not fighting this barbaric decision in the industrial comply with the ban. According to the CJC relations system. He has our best wishes and report, in 1997 armed robbery in Queensland full support in this grubby affair. I would expect occurred at the rate of 36.55 per 100,000 that the Police Minister would leap to his population, whereas the Australian average for defence considering his vociferous the same period was 48.64 per 100,000. The condemnation of the administration of the significance of this is that Queensland has a buyback scheme when he was in Opposition. higher concentration of lawful firearm owners Why has the member for Waterford suddenly than the Australian average, yet has a lower gone quiet now that he is the Minister? rate of armed robbery. What does that To further prove my point that armed indicate? It indicates that lawful firearm crime has escalated since the buyback, we ownership is not a causal factor in armed have only to look at the Courier-Mail for robbery. Wednesday, 10 March 1999. The front page I turn now to suicide. An Australian tells us that armed robbers stole an armoured Bureau of Statistics press release on 15 car, and page 3 tells us that a girl was tied up January 1999 says that, although suicides and held hostage by two teenage home attributed to firearms decreased by 14% in invaders armed with a pistol and a pump- 1997, suicides due to hanging, strangulation action shotgun. Pistols have been very heavily and suffocation rose by 25% and suicides regulated for 80 years and most pump-action overall were the highest yet recorded at 2,723 shotguns are now illegal. Why did the thieves persons. It should be apparent to all thinking not hand in their weapons? Do they not have members that suicide is increasing, that any respect for the law? The answer is: no. suicide is caused by the social ills plaguing our The new gun laws are an inconvenience to society and that people desperate enough to honest people and an impediment to the right kill themselves will do it regardless of whether to self-defence, but they are no inconvenience firearms are available or not. 25 May 1999 Weapons Amendment Bill 1897

An Australian Bureau of Statistics press Are we not witnessing the beginning of such a release of 26 February 1997 states that, scenario in Australia? Can we blame shooters although there were 10,150 firearm-related for being reluctant to surrender their firearms deaths in the period 1980 to 1995, these and reducing their ability to defend themselves accounted for just 0.5% of all deaths and their families? What is the future likely to registered. We can see from ABS publication hold for Queensland firearm owners? 3302, Principal Causes of Death 1995, that Unfortunately, I believe that the future of over 122,000 people died that year from sporting firearm ownership in Australia is bleak. various diseases and accidents. Indeed, in the The United Nations is now taking more Australian on 15 March 1999 we learned that than a passing interest in the issue of civilian medical mistakes resulted in the deaths of ownership of firearms. While the philosophies 10,000 to 14,000 Australians per year, and policies of the United Nations in relation to probably largely due to economic rationalism small arms are relevant to many troubled parts induced cost cutting. of the world suffering from civil strife and war, It should be obvious to even the most they are not applicable to Australia. There are closed-minded members in this House that now a plethora of United Nations reports, firearm-related deaths are only a minuscule resolutions, committees and press releases proportion of all mortalities and that we would examining every aspect of small arms use and save far more money by spending $500m on distribution—military and civilian—and hospitals, ambulances, drug education or any proposed methods to reduce them. For other number of projects than we have by example, the United Nations Study Group on confiscating firearms from good, honest Ammunition and Explosives has prepared a Queenslanders. questionnaire for member states, including I look around this Parliament and I see Australia, to complete. It asks for a national many well-educated members qualified in law, inventory of importers, exporters, dealers and education and economics, but they seem manufacturers, and quantities of explosives unable or unwilling to understand that criminals and ammunition. No doubt the Australian have not yet handed their guns in and never Government of the day will eagerly sign any will. They seem unable or unwilling to future disarmament treaties, as it has signed comprehend that the new gun laws have every United Nations treaty to date, and the spawned a lucrative and expanding industry in Queensland Government will be forced to the illicit importation, dealing and even dance to Canberra's tune once again. manufacture of weapons. They seem unable Let me quote the former Federal Labor or unwilling to concede that crime and suicide Minister, Peter Walsh. He said— thrive in a dysfunctional society and are not "I am not a monarchist and never related to the presence or absence of firearms have been, but find it ironic that so many or other weapons. They cannot or will not contemporary Australians are determined admit that many, many more lives would have to protect us from the non-existent threat been saved by not wasting $500m on buying of English tyranny to fall over each other back a tiny fraction of the Australian gun in a scramble to surrender Australian collection from people who were never going sovereignty to a ratbag and bobtail of to break the law anyway. Most alarmingly, they unrepresentative United Nations are unable to admit their error, even when committees accountable to nobody." presented with the sorts of undeniable evidence appearing every second day in our The only bright spot is the fact that the newspapers. Sporting Shooters Association of Australia has been awarded non-Government organisation While I do not agree with most of the status by the United Nations by virtue of its utopian diatribe churned out by the United accumulating 100,000 members, although I Nations, I do agree with part of a report do not think it is using its lobby power entitled General and Complete Disarmament: effectively. Another positive development has Small Arms of 27 August 1997. It states— been the inauguration of the world forum on "When the state loses control over its the future of sport shooting activities, which security functions and fails to maintain the aims to encourage new participants into sport security of its citizens, the subsequent shooting and to provide correct and factional growth of armed violence, banditry and information on firearm issues. The New South organised crime increases the demand for Wales Labor Government has also passed the weapons by citizens seeking to protect Home Invasion (Occupants Protection) Act themselves and their property." 1998, which enshrines the right to self-defence 1898 Weapons Amendment Bill 25 May 1999 in the home and provides criminal and civil acknowledged that possession of a firearm to immunity to the defender. protect the family home has the opposite I urge members to pass this Bill in order to effect, because it results in a staggering risk to prevent unsuitable persons from legally family members. Eighty per cent of all firearm acquiring firearms and enable lawful related deaths are among firearm owners and Queensland firearm owners to go about their their families. business with a minimum of Governmental The argument that only fit and proper interference. persons will own guns is also a nonsense. How Ms STRUTHERS (Archerfield—ALP) can we realistically sort out the wheat from the (9.37 p.m.): Today represents an historic day chaff? On this point it is important to note that for Queenslanders who care about their safety only around 4% of firearm related homicides and the safety of others. Today, or at the next appear to be associated with mental disorder, parliamentary sitting, the Weapons over one-third of firearm homicides occurred Amendment Bill introduced by the One Nation within the context of an intimate relationship, Leader, Bill Feldman, will be defeated and around 80% of deaths by firearm in overwhelmingly. This will be a victory for Australia are suicides. In most firearm incidents humanity over irrationality. resulting in death, the offenders would generally fit the criterion of fit and proper The people who died tragically at Port people. Most would have committed no prior Arthur three years ago and the victims of the indictable offences nor have any diagnosed Strathfield massacre have not died in vain. mental disorder. A prohibited persons register, These horrific acts of violence brought our as proposed by One Nation, would not be a nation together. There has been resounding useful safeguard. It identifies at-risk people support for tight, uniform gun control in all after the horse has bolted—mostly after an States and Territories. This is not solely to offence has been committed. reduce the occurrence of firearm-related homicides but to prevent the daily threats and It is widely accepted that restrictions on injuries that hundreds of people endure at the the access to and availability of firearms have end of a gun. been effective in reducing firearm related violence. We must continue to hold the line I accept that law-abiding gun owners have with tight gun controls. The introduction of been required to make a sacrifice for the uniform national gun laws in 1996 and the broader community benefit. I accept that many buyback scheme were bold and vital initiatives. decent men and women who have used guns The negotiations were tough. Threats were on their farms or in the course of their work felt made to Prime Minister Howard and at a State as though they were being labelled criminals. level the member for Crows Nest endured This is not the intention of the tighter gun laws. many turbulent months of negotiating with key We all have to make sacrifices of this kind. interest groups. I commend the member for Strict limits are placed on our intake of alcohol Crows Nest for holding firm on gun restrictions, when driving for the benefit of community in spite of his own personal views and the safety. Speed limits are placed on our driving enormous pressure from shooters associations for the benefit of community safety. These are and his own rural constituencies. the same kinds of limits that we are talking about in relation to gun control—standard I am encouraged, as I am sure the vast limits that apply to all of us. We may not like majority of Queenslanders are, by the rejection these limits but, as sensible citizens, we accept of the One Nation proposals by the Leader of them as both necessary and reasonable. The the Opposition. This is sensible policy and same principle applies to gun control. sensible decision making. Moves to restrict gun ownership and use must rise above party I vehemently reject the rationale put politics. forward by One Nation that the defence of a person or the person's family in the person's I place on record and commend the place of residence will be a valid reason to tremendous courage and determination of the obtain a firearm licence. This criterion would members of the Queensland Coalition for Gun open the floodgates and allow any citizen to Control and the National Coalition for Gun obtain a gun licence. It is also a flawed Control. The community members involved in rationale. There is a legal requirement for these voluntary associations have fought hard ammunition to be stored separately from the to achieve sensible gun laws in Australia. They gun. If a gun were to be ready for self-defence have endured threats and abuse in the push in a home invasion, it would need to be kept to make our community a safer place. close at hand and kept loaded. This is Several weeks ago, the National Coalition extremely dangerous. Furthermore, it is for Gun Control launched a national 25 May 1999 Weapons Amendment Bill 1899 advertising campaign to ban semiautomatic on the United States as commercial interests hand guns in Australia. Radio and TV would probably outweigh friendships. This presenter Andrew Denton was the guest follows revelations in today's papers that our speaker at this launch in Sydney. This is the new Collins submarines are dangerous and next great debate for us to have. that a large proportion of Army vehicles are Semiautomatic hand guns must be the next unroadworthy. Everyone knows that our Army, target for restriction. The situation in Australia containing only about 300 riflemen, is now is that for a person to get a hand gun undersized and underfunded and incapable of licence they merely need to be a member of a defending our country, thanks to decades of shooting club, have no prior convictions and cost cutting. Anyone who is monitoring NATO's no history of mental illness. With a category H war in the Balkans can see that high licence people can get a semiautomatic hand technology weaponry cannot replace gun, which can carry 15 or more rounds in the manpower and, therefore, our civilian military magazine. I remind members that Thomas rifle associations provide a valuable service to Hamilton, who slaughtered children at the the country at no cost to the Government. Dunblane primary school, used a The member for Springwood says that he semiautomatic hand gun and would qualify for does not want Australia to become like one in Australia today. America. It is too late, and he is part of the It takes courage and determination to problem. The member for Springwood is a stand up to and reject the vile threats and member of a party which is replacing pressure from a number of Far Right shooters Australian with American as fast as it can. groups. One Nation members of this Where did all our violence come from? Where Parliament are clearly lacking in courage. have all our drug problems come from? Where While they shrink and cower, my sense is that has organised crime come from? Where did all a lot of farmers and others are accepting of our jobs and industries go? Just 25 years ago the gun laws. Australia was a safe country with full I must admit that I am not sure what this employment, low crime and no drug problems. "got to have my gun" culture is all about from All these problems have come from overseas those who want greater access to guns. It and most of them have resulted from the seems pretty blokey to me. In 94% of firearm Americanisation of our society, our industry, incidents leading to homicide the offender is a our media, our culture, our entertainment, our male. It is clear that the misuse of firearms is a politics, our youth and our food, and especially very male domain. It is my guess that the One our crime. Nation members and their gun-slinging The member for Springwood is another supporters will not feel manly without a gun at member of this House who does not believe their side. Wimps would want to loosen up the that self-defence is a valid reason to own a gun laws—not real men. firearm. We disagree. Our strong view is that, Mr PAFF (Ipswich West—ONP) provided the person is of good standing, we (9.44 p.m.): I rise to refute the nonsense support their right to acquire firearms for produced by the member for Springwood whatever purpose, and we most strongly when this legislation was last debated. He support anyone who is forced to defend referred to a target shooter who said on radio themselves or their family with a firearm. that there was no need for semiautomatic rifles Regarding the member's disparaging in his discipline. That is correct. Semiautomatic comments about Article 2 of the American firearms are not usually used in target Constitution, we have our own Bill of Rights shooting; they are not as accurate as bolt which is in force in Queensland and which actions. The member for Springwood should clearly confers a right to keep an arm for self- know that, but he often shoots his mouth off defence, and the sooner that right is upheld by without thinking. There are, however, a court the better. Our police force is legitimate uses of semiautomatic firearms, overstressed and cannot protect us, and we particularly in clay target shooting, in hunting can expect more and more people to demand and in training conducted by military rifle the ability and the means to defend associations established under the Military Act themselves. As long as they are people of 1903 to provide a pool of semitrained civilians good standing, we will support them. to assist the regular forces in the event of war. What would the member for Springwood I refer to an article in the Courier-Mail of do if a gang of drug crazed home invaders 11 June 1996 in which retired Air Commodore broke into his house and attacked his family? John Trinder said that Australia is incapable of He would surely use any means at his disposal defending itself and that we could not depend to protect himself, but unless he is a martial 1900 Weapons Amendment Bill 25 May 1999 arts expert or unless he has a firearm, he is not cost the Government any money, but the virtually helpless. The member for Springwood member for Springwood continually gets it referred to the Port Arthur tragedy, but if just wrong because he is not interested in the one person other than Martin Bryant had in facts, or he just cannot read. their possession a firearm, there is an excellent I have three things to say regarding the chance that many lives would have been terrible school shootings in the USA and the saved on that terrible day. issue of minors having access to firearms. The member for Springwood is worried Firstly, we do not want children to have because our legislation might contravene the unsupervised access to firearms, and our Australian Police Ministers Council meeting. So policy recognises that. Secondly, we do not what? I do not know about the member for want our youths to be like the American youths Springwood, but I do know that One Nation who are responsible for school shootings. members are elected by the people of Unfortunately, that is what is happening, Queensland and that it is the people of because the policies and the philosophies that Queensland whom we listen to and whom we Labor and the coalition push are forcing serve to the best of our ability. We are not Australia's youth to become more and more particularly interested in a bunch of Police American every day. It must be apparent to Minsters who think that they can do what they even the most fervent anti-firearm zealot in this want. The only reason that Queensland gets House that for 150 or more years bludgeoned into submission by Canberra on Queenslanders have owned firearms with very every issue from National Competition Policy to few problems until recently, when our society national gun laws is that this House is full of began to disintegrate, due to Americanisation, spineless, fawning bootlickers who will not and that is the real problem. Those members stand up to Canberra's tyranny. of this House who do not want Australia to The member for Springwood said that our become like America had better stop aping the legislation will give people an inalienable right Americans. to hold weapons. That is simply not correct. The third thing that I want to say about Our legislation provides for the issue of a children and firearms is that the national gun lifetime weapons licence subject to the good laws have created a new industry—the behaviour of the licensee. This is patently smuggling and trading of firearms—which can obvious to anyone who has taken the time to only increase. We know that a firearms black read the document. And lifetime licences market is booming. We know that thanks to subject to good behaviour were also the policy the integrity and courage of people such as of the previous Goss Labor Government. The Inspector John McCoomb, the former head of member for Springwood has it wrong again, the Weapons Licensing Branch. We know that and he has proved to this House that either he the Australian Customs Service has been is an imbecile or that he is determined to gutted through cost cutting over the years. We mislead the House. know that almost anyone can get in a boat Madam DEPUTY SPEAKER (Ms Nelson- and sail to Australia undetected. So it is certain Carr): Order! That is very unparliamentary that many weapons are now pouring into the language. The member will please refrain from country to satisfy the newly created black using such language. market in firearms. What I am saying is that once this black market is firmly established, it Mr PAFF: Yes. I withdraw that. will increase the ability of people, including We realise that this legislation contains a young people, to acquire these weapons lifetime ban on conviction of an indictable illegally and thus increase the likelihood of offence on the possession of a firearm, but younger and younger people using firearms to that demonstrates to the public that we are commit crime. serious about ensuring that only fit and The member for Toowoomba South put responsible people legally own firearms. If the up an unconvincing argument as to why the member for Springwood is unhappy with that National Party brought in the gun laws in 1996, particular clause, then we would be happy to which it now says it wants to change. He also consider his amendments. presented the unconvincing argument that the We are not trying to set up two National Party did everything it possibly could, committees, as the member for Springwood short of breaking away from the Federation, to falsely suggests. We merely want to see the stick up for Queensland's firearm owners. The community liaison committee provided for in only trouble is that we do not believe him, and the original Weapons Act put into operation. neither do the firearm owners of Queensland. Participation in the Community Liaison If he is telling the truth, then why did the Committee would be entirely voluntary and will National Party not change the gun laws before 25 May 1999 Weapons Amendment Bill 1901 the last election? If he is telling the truth, then attributed to category C and D firearms. why has the National Party not introduced its However, Australian Institute of Criminology own private member's Bill to change the publication No. 75, Firearms Homicide in Weapons Act? I call on the member for Australia 1997, shows that about 27% of Toowoomba South to table any evidence that homicides were attributed to category C and D he has to prove his claim. In the absence of firearms. This equates to about 18 firearm- any evidence, I am afraid I cannot believe him. related homicides per year. Probably half I also point out to the member for these deaths were the result of criminal Toowoomba South that this legislation only activity, because criminals will not hand in their allows the ownership of category D weapons guns. This leaves roughly nine other fatalities for those people who qualify for a licence and, per year directly attributed to category C and D secondly, are members of a properly weapons. constituted military rifle association, as per the If the object of the $500m buyback was to original Defence Act 1903. If that is the only save lives, then far more lives could have been issue that the National Party is concerned saved with far less money. How many kidney about, then we will be happy to consider any machines, ambulances or even whole amendment that it proposes. But I do not think hospitals could have been built with the same that it has any amendments, because its money? According to this same Institute of members are only pretenders. Criminology report, about 23% of firearm- related homicides in Australia were committed Regarding the letter from Tim Fischer that by Asians, as against approximately 24% the member for Toowoomba South committed by Caucasians. If this is true, it is an incorporated into Hansard concerning the extraordinary statistic, and it shows that we Crimtrac database, this was purely an exercise could save far more lives by directing more in damage control. In addition, I believe that it funding to fighting Asian organised crime contains an erroneous statement. Mr Fischer rather than confiscating guns from good said that the Crimtrac database will contain no people. record of a person's DNA profile recorded following a criminal conviction. But the Courier- If the object of the buyback was to save Mail on 20 May said that DNA samples for the lives, why did they not spend the money on national database will be taken from people suicide prevention? Thousands of people kill merely charged with an indictable offence. A themselves each year, whether they use a crime is an indictable offence, according to the gun, rope, pills, exhaust fumes or just walk off Criminal Code. I think the House would agree a cliff. One of the best examples of bad that there is a world of difference between the information and bad statistics used by two statements and that Tim Fischer either politicians and gun grabbers is the 1996 misled the member for Toowoomba South or, Kellerman and Reay study, on which the more than likely, just does not know what he is Leader of the Liberal Party relied to the talking about. detriment of his reputation. The Kellerman and Reay study said that guns were more likely to The misuse of statistics is legendary, and kill "people you know" rather than intruders. nowhere is this abuse more evident than in the But what has emerged since then is that 85% area of firearms statistics. The publication of the mortalities used in the study were entitled Violent Deaths and Firearms in suicides, and another 8% of the mortalities Australia: Data and Trends 1996 from the should have been excluded due to Australian Institute of Criminology is a good unreliability. The remaining 7% of mortalities example. In the report is a table of homicides used in the Kellerman and Reay study also and suicides attributed to firearms by year from include criminals killed by other criminals, drug 1915 to 1995. While accurate in the sense of dealers, and also criminals on the run killed by absolute numbers, when the population of police. The other major problem is that the Australia at the time is taken into account, the study was conducted in one particular county figures tell a far different story. and then extrapolated to cover the whole USA, For example, in 1915, 26 homicides were and then further incorrectly extrapolated by the attributed to firearms from a population of Leader of the Liberal Party to apply to about five million. In 1996, 67 homicides were Australia. attributed to firearms from a population of The Leader of the Liberal Party also about 18 million. In proportion to the referred to the October 1991 issue of the population, the number of homicides has been Medical Journal of Australia, in which an article roughly constant, but the number attributed to examined firearm-related deaths in firearms has decreased. I cannot find any Queensland over a nine-year period. Although information about the number of suicides 76% of the fatalities were suicides, it is 1902 Weapons Amendment Bill 25 May 1999 important to realise that suicide attributed to who said that there was no need for such firearms has halved in Australia from the legislation. We were told that there was no period 1915 to 1995 from about four per need to regulate the use of firearms because it 100,000 people in 1915 to about two per was everyone's right to own a firearm. 100,000 people in 1995. Furthermore, we Curiously enough, nobody suggests to know that suicide levels and civilian firearm me that everyone ought to have the right to ownership are not related. Overseas connect their own electricity. No-one suggests experience shows that some countries which to me that everyone should have the right to have low or no civilian ownership of firearms drive a motor car on whatever side of the road have high suicide rates. According to the they like, free of any inhibition with regard to member's own figures, there were just 2.7 age or infirmity. No-one has suggested to me firearm-related deaths in Queensland per year that there ought to be no licensing or over the life of the study that were either registration of motor vehicles. That has never homicides or accidents. been suggested to me, even by those people How many more lives could have been huddled up in the corner there like motherless saved by spending the Medicare increase on kittens. Those people are not even suggesting fixing our hospitals instead of confiscating that a dangerous item such as a motor vehicle guns from the good people? How many more ought to be in the grasp of anyone who lives could be saved if the police who are now chooses to use it for self-defence. No-one has shuffling paper in the Weapons Licensing suggested to me that we ought to be able to Branch were out there arresting drug dealers? wire up our front door in case some The truth is that the gun grab was never unpleasant person comes a-knocking. I do not intended or designed to save lives but to score hear those opposite saying that that should be a quick political kill. The only problem is that it a line of self-defence. I do not hear anyone has not worked. It was the National Party that saying that one should be able to run a line of was massacred at the last State election. No. 6 wire across the front yard and connect it Hon. R. E. SCHWARTEN (Rockhampton— up to the mains as self-protection or as self- ALP) (Minister for Public Works and Minister for defence. Housing) (10.01 p.m.): I rise to speak in this Mr Lucas: They thought it was. debate on the Weapons Amendment Bill as I Mr SCHWARTEN: Perhaps they have have spoken on every debate about this issue one. Perhaps all the unlicensed electricians since I have been in this place. I do so as a belong to One Nation. On election day last person who has owned firearms since I have year a person whom I know in the shooting been legally able to do so, and as a person fraternity in Rockhampton was handing out who has participated in competitive shooting in how-to-vote cards for One Nation at the most fields—shotgun, hand gun, pistol Rockhampton North State High School. He shooting, bench rest, full bore rifle shooting, said, "I am only doing this, mate, because you small bore—the whole lot. are going to take our guns off us." I said, I have an enormous respect for firearms "What is your problem?" He said, "Well, I but I do not have a fear of them. Accordingly, I couldn't get a licence for a gun." I said, have never ever opposed efforts made by "Why?" He said, "Well, I didn't want to apply." I Governments from both sides of the political said, "Why?" He said, "I think it's my right to fence to regulate the people who own have one." I said, "That's a bit of a pity. What firearms. Before we came into Government in do you want one for?" He said, "For self- 1989 it always troubled me that one could buy defence." I said, "You have been a member of a very cheap—I think the brand name was gun clubs and so on. You could have got a Sterling—pump action or semi-automatic licence." He said, "I want one so that if shotgun in K Mart, carry out as much somebody comes into my house that I don't ammunition as one liked, and shoot everybody want, I can shoot them." He was staring me in in sight. Anyone who thinks that that is a the eyes when he said that. I said, "Listen, reasonable society in which to live—a society mate, I have been around firearms all my life where we can see a very powerful weapon and and I have pursued sporting interests with its ammunition alongside the cornflakes— them, but the thought of turning a firearm on should assess where they are in this world. another human being has never ever crossed At that time I steadfastly said that there my mind." was a need for regulation. I have maintained Let me tell honourable members that my that position and I will do so while there is father, who spent six years defending this breath in my lungs. When the Labor Party was country in the famous 9th Division, will not in Government we were opposed by people have a firearm in the house because he knows 25 May 1999 Weapons Amendment Bill 1903 what they can do. I have never thought that a guns and on what they are putting up tonight? firearm was in my home for that reason. I said Do you? to this gentleman, "Look, my great hope is One Nation members: Yes. that, if someone got into my house and stole my video recorder, myself, my wife and my two Mr SCHWARTEN: I now have that on the children would sleep through it." He said, record. "You're mad. I'd want to get out and shoot Madam DEPUTY SPEAKER (Ms Nelson- that B for taking that." I said, "I don't think any Carr): Would the Minister call the member by human life is worth 500 bucks for a video that his correct title. is insured." That is where I differ from the Mr SCHWARTEN: The member for people who are supporting this legislation. Caboolture and other members of One Nation Mr Lucas: What happens when their kids have just stated that they want a referendum pick up the rifle and shoot one of their in Queensland on everybody having the right siblings? to own guns. Let me tell them that I do not. In my electorate, 14% of the people own Mr SCHWARTEN: I can tell the registered firearms. Say another 10% of the honourable member of an instance like that. A people own unregistered firearms, which very good friend of mine has been a makes 24% of the people in my electorate quadriplegic since the age of nine because his owning firearms. That is less than one quarter brother picked up a .22 rifle that was sitting on of the people in my electorate owning firearms. the stump caps under the house. There was a So I tell the members of One Nation to go cartridge in the rifle. The rifle had been in that ahead with their proposal for a referendum, position for many years and the boys were because unlike some members of One Nation, playing cowboys and indians. The rifle was I will obey the law and hand in my gun. taken from under the house and one boy shot his brother in the back. That boy has been a The reality is that the majority of quadriplegic for 37 years. Guess where his Queenslanders do not want anybody to have brother is? He is in the cemetery because he a firearm. That is the reason why the previous committed suicide as a result of that. Government did not want to go down the path of having a national referendum. One Nation is Firearms bring a lot of pleasure. I have big on talking about people having the right to won a lot of championships with firearms. I have their say. They should find out what have a great collection of firearms. However, Australians really, really want in relation to gun let me say that the thought of anyone walking reform. The people do not want guns at all. in and getting a firearm simply on the basis of They do not even believe that the farming defending themselves is abhorrent to me. constituents of National Party members should What sort of society do the One Nation have them. If One Nation asked the people of members of this House want to live in? Do Melbourne, they would find out that those they want to live in a society where the gun is people do not want guns at all. The One the aim in life and everyone must have a gun? Nation members should propose to hold a Is that the measure of our society? referendum—and I will support it—that My mother would not know one end of a everybody in Queensland has the right to own gun from the other. Does she have to have a a firearm, or hold a referendum along the lines gun? After the last debate in this House I had that John Howard was going to hold, which elderly ladies ringing me up and saying, was that the Commonwealth have the right to "You're taking away our right to self-defence." I make laws pertaining to guns, and see how said, "Have you ever fired a firearm?" I was the people vote. told, "No, but I would like to have one." I said, The reality is that this Bill is a cheap shot. "What would you do with it?" They said, "Well, One Nation has done the decent, gun-owning I never really thought about that but it would fraternity a great disservice by introducing this be nice to have one, just in case." Perish the Bill. It has said to the people in the gun thought! The person who broke into the house fraternity with whom I knock around that their would take the firearm from the woman and hobby—their sport—is about shooting people. shoot her. That is the reality. The Leader of One Nation has said that we Tonight, I ask the members of One Nation need guns in our households. and those other members who advocate this Mr Feldman: You said it. law—every single one of them—to stand up Mr SCHWARTEN: It frightens me that, as here tonight, particularly Mr Feldman, and an ex-police officer, the member even had a answer yes or no: do they favour a referendum gun—or Mr Paff. He could not tell the truth of every person in Queensland on the issue of unless by accident, and he had a gun as well. 1904 Weapons Amendment Bill 25 May 1999

Mr Lucas: I hope he doesn't shoot as members get off by saying that this Bill straight as he tells his stories. removes gun licensing. We will still have Mr SCHWARTEN: I take that interjection. licences. People will have to pass a test to get Perhaps it was just a bit of bunkum, really. The a licence, just like people have to pass a test reality is that, tonight, One Nation stands to drive a car or to become a plumber. So exposed on this issue. It is all very well for One maybe the member opposite should read the Nation members to squawk and go on about Bill before he starts shooting his mouth off. this issue, but the reality is that they do not Mr Schwarten: I have read it. represent mainstream Queenslanders, who Mr DALGLEISH: The member should understand the need to licence people who read it again. That is what he said to us: read it have firearms. When cars became a problem again. in society, we developed a system of licensing. When plumbing people started connecting the Unlike some of the propaganda that has mains of the sewerage to the sink, which been circulated, this Bill does not give people started to cause problems, we needed to the right to have military-style weapons at licence plumbers. I dare say that if we went home. A person has to be a member of a back 50 years or 60 years when car licensing suitably registered military-style rifle club to and car registration was introduced, people have those particular weapons. said that that would be the end of society as It is the same old story: guns do not kill they knew it. The reality is that such licensing people; people kill people. That is right. If we has not hindered society. take the guns away, then we are left with the I am all for people pursuing their sporting knives. If people stick knives in others, then we interests in a sensible way, but we should bear will take the knives away. Then people will stick in mind that we are dealing with very, very, syringes into others. We are not supporting the very dangerous objects that could fall into the drug people. In a shopping centre, how many wrong hands. One Nation wants to put them, people could a person kill with a syringe before with no scrutiny whatsoever, in the hands of anyone even knew what was happening? untrained, unqualified people who may have Mr Schwarten: They killed eight in one hit them for all the wrong reasons in the world. with a shotgun in Sydney. I am qualified to hold various firearm Mr DALGLEISH: If people could not hear licences in Queensland. I am quite happy to the shotgun going off, they must have had a put my record next to the record of the Leader problem, too. of One Nation any day he likes, and probably Mr SCHWARTEN: The statement that my shooting accuracy as well. I have been was just made about the people who lost their down to the Police Academy and I have seen lives at a gun incident in New South Wales is the ceiling strafed with bullets. They tell me offensive to this Parliament. I ask the that the Leader of One Nation was the one honourable member to pay a bit more respect who did the shooting practice. to this place. Mr FELDMAN: I rise to a point of order. I Madam DEPUTY SPEAKER: Are you take offence to that comment and I would like asking that this statement be withdrawn? it withdrawn. Mr SCHWARTEN: No, I am just asking Madam DEPUTY SPEAKER: The the member to have a bit of decency. member wants it withdrawn. Mr DALGLEISH: I withdraw the statement Mr SCHWARTEN: I am so sorry that it for the member. After all, I cannot see my upset the one-time hero of One Nation. I speech being any worse or any more withdraw. The reality is that I do not want to discrediting to this House than his take up any more time on this very, very performance. valuable issue. I think that the contributions Mr Schwarten: At least mine was from that have been made by the sensible the heart. members of this Parliament will speak for themselves, and speak volumes. Let me say Mr DALGLEISH: Have you finished? You that tonight One Nation has done the shooting had your turn. fraternity of this State a great disservice by its Madam DEPUTY SPEAKER: Order! The despicable and disgraceful actions. member will please address his comments Mr DALGLEISH (Hervey Bay—ONP) through the chair. (10.15 p.m.): This Bill clearly promotes a Mr DALGLEISH: We have heard very prohibited user's register. This has never been different statistics from both sides. I do not done before. I do not know where the other know from where Government members got 25 May 1999 Weapons Amendment Bill 1905 their statistics, but they seem to be so different prepared to stand up and fight for the same from the statistics with which we have been things that the five One Nation members and provided. Obviously, what they do not know, other colleagues on this side have clearly they make up. stated we will fight for. Yet when it comes to Just as other members have told stories the time to vote on the issue, who will have the tonight, I would like to tell a story. Recently, a guts to do what their constituents are asking law-abiding citizen in the Maryborough them to do? Who will be gutless and follow electorate, a solicitor—— party lines? If one looks at the House today, there are about 14 real votes out of a possible Mr Lucas: You would know about law- 89. There is one from the Government side of abiding citizens, wouldn't you. the House, because everybody on that side of Mr DALGLEISH: Shut your mouth. the House will do as they are told, there is one Madam DEPUTY SPEAKER: Order! I ask vote from the coalition, because they will do as the member to withdraw that comment. It is they are told and there is a small group of very unparliamentary. people who are prepared to stand up and do what their electors have asked them to do. We Mr DALGLEISH: I withdraw. A solicitor do not have to toe the party line. who was at home with his wife on a 300-acre property heard a car pull up, heard the farm Only the honest people handed in their dog bark, and then heard a gunshot. When he firearms. The criminals did not hand them in. walked out of his home, he found a police Now we have created a whole new problem officer hanging on to his firearm. He had just because I hear that there is a CJC shot the family dog that was supposed to look investigation into the buyback scheme. after the man's house and his wife while he Mr Schwarten: Do you own a gun? was at work. What are we going to do? We Mr DALGLEISH: No, I do not own a gun have taken away people's right to have a and I do not have a firearm licence. I do not firearm. The farmer in a remote area has lost need to. his right to have a firearm, so he has a dog to protect his wife. A police officer is confronted Madam DEPUTY SPEAKER: Order! The by the dog and shoots the dog because he member does not have to address the fears for his safety. If the farmer had a firearm interjections. He will speak through the Chair. on the premises, the dog would not have Mr DALGLEISH: Where will it all end? If charged at the police officer because it would the Government takes firearms away from us not have been running around the yard trying today, what will it be tomorrow? to defend the place. A Government member: Dogs. Mr Schwarten: What's the point of this? What point are you making? Mr DALGLEISH: It probably will be dogs. They are banning all sorts of dogs now. I Mr DALGLEISH: If people are able to believe in sensible firearm regulation and have firearms in their home for their own self- control guidelines. defence, they would not have to have savage dogs running around their yards for protection. Mr Barton: They will take all the Corvettes It may have been a fully automatic dog, but I next. am not aware of the qualifications of the dog. Mr DALGLEISH: Just try your luck. A Why should law abiding citizens pay the price small group of us are not gutless. We will for unruly and vicious attacks that are carried stand up and say what we want to say. We are out by criminals? not too gutless to stand in this place and cop Ms Bligh: Or dogs. the criticism, because that is what people are asking us to do and it is what we are here to Mr DALGLEISH: Or dingos. Do not leave do. We are here to represent people. the dingos out because they are savage, too. I Unfortunately, some members of this House will read a section of a letter from a member do not have the guts to represent the people for the former electorate of Carnarvon, which of their electorates. I commend this Bill to the states— House and I commend the member for "I am doing my best to fight the Caboolture on his stance. I am proud to be a State Government's proposal, by voicing part of this group of people. It is pleasing to my opinion through the media, and also see that tonight members of this House have circulating petitions in my Electorate of so greatly recognised One Nation. I commend Carnarvon." the Bill to the House. That gives a clear indication of the members Hon. A. M. BLIGH (South Brisbane—ALP) on the Opposition side of the House who are (Minister for Families, Youth and Community 1906 Weapons Amendment Bill 25 May 1999

Care and Minister for Disability Services) possession of a weapon to defence of a (10.24 p.m.): In common with most members person or a person's family in the person's of this House, members of the One Nation place of residence, that is, authorised Party say that they believe in the importance possession of a weapon in contemplation of its of protecting families. In Australian politics it is use against a person—a clear contemplation a rare thing for any politician, on any side of of its use against another human being. politics, to say anything other than that they This fixation on the right to defend one's support families and are pro-family. However, residence, one's family and one's property was their actions often betray these sentiments. hotly debated during the 1996 gun law reform One Nation is no different in this regard. This debate. I can tell members of One Nation who was seen in the election policies that they were not in the House at the time that this issued last year, particularly their families, was, in fact, a very controversial proposal for youth and community care policy that was the Queensland community. Members from announced by Heather Hill on 21 May. That both sides of the House were inundated by policy stated— correspondence and representations from "(One Nation will work) with people who felt very passionately, outlining Queensland families to rebuild the views on all sides of the argument. I have no foundation of our society—the family ... doubt that every member's office received as Safe, secure and happy societies require much correspondence as mine did. as guiding principles strong functional I represent an inner city seat and, like all family units." inner city areas of all State capital cities in It further states— Australia and throughout the world, there are "(The) policy clearly articulates the very high rates of property crime and personal commitment of Pauline Hanson's One crime in my electorate. However, I have to say Nation to rebuild and maintain the that I did not receive a single piece of foundation of our society—'the family'." correspondence from a member of my electorate calling for a loosening of the gun Indeed, an important goal of this Bill is laws. Every single piece of correspondence supposedly to protect families. For example, that I received from within my own electorate when the Leader of One Nation introduced this supported the gun laws. One would think that Bill into the House in November last year, he if there was a tidal wave of people seeking to said that one of the key underlying principles have the right to defend their homes, it would for its introduction was to protect the safety of come from an area where their homes were families. He said, "Australians have the right to most at threat. My experience was that that defend themselves and their families in their was not the case. own homes." The Bill proposes to expand the term of a Despite those noble statements by the firearm licence from five years maximum to an One Nation Party to allegedly protect families, indefinite term. It reduces the restrictions on the provisions of this Bill are at grave risk of category C weapons—for example, achieving the opposite. It is my view that the semiautomatic guns and pump-action provisions of this Bill will do little more than shotguns—so that those weapons receive the further endanger the lives of many families. As same treatment as category A and category B such, the Bill represents a clear contradiction weapons. All of these provisions will have an of One Nation's policies and again shows to enormous impact on the availability of guns in the Queensland people the sham that is One our community and, therefore, will have a Nation. While on the one hand it says that it is negative impact on the safety of families. I pro-family, on the other hand it introduces anti- would like to focus on two particular areas in family legislation. which this Bill will endanger families: firstly, its The Bill endangers families for a range of effect on domestic violence and, secondly, on reasons. It removes the principle of weapons youth suicide. ownership for public safety and instead Along with their stated belief in the focuses on a belief that any fit and proper importance of the family, One Nation says that person should be able to hold a weapons domestic violence is a major social problem. licence. The Bill removes the requirement to Their election policy of last year states— deal with a licensed dealer when buying or selling certain types of firearms. The Bill "Domestic violence continues to be a changes the current requirement to provide growing problem within the community that a person must be on a register of and requires stricter regulations for prohibited persons before the prohibition takes removal of the perpetrator and support of effect. It expands the genuine reasons for the victims." 25 May 1999 Weapons Amendment Bill 1907

However, it is again clear that despite their and their access to a gun makes their violence rhetoric, their actions do not speak as loudly as irretrievable. their words. Evidence shows a clear link Another area that this proposal will impact between patterns of gun ownership and on in a very damaging way is youth suicide. domestic violence, and a clear link between Gun availability affects families in this way. In the availability of guns and family safety. this regard, the Bill is another example of One Figures from the Australian Institute of Nation being anti-family. Of the 587 deaths by Criminology show that about 40% of homicides firearms in Queensland between 1980 and committed with a firearm result from disputes 1989, 446, or 76%, of these deaths by between sexual intimates. Other research from firearms were suicide. I heard other members the Commonwealth Attorney-General's in the debate trying to discredit figures by a Department shows that in a household where researcher called Kellerman. I am not familiar a firearm is kept it is 48 times more likely that with the research, but they tried to discredit it the firearm will be used to kill a member of the by saying, "These weren't gun homicides, household than to kill an intruder. Figures from these were gun suicides", as if that somehow the Queensland Police Service show the makes it all right—as if a suicide is somehow alarming extent to which firearms are used in less of a problem and something that we domestic violence incidents. For example, of should not be dealing with. The Bill will impact all the domestic violence related homicides on the number of guns in the community and between 1994 and 1998 in Queensland, therefore influence the patterns of suicide, firearms were used in at least one third of all of especially among young people. In these incidents. Do these figures show that Queensland, young people commit suicide at guns increase the safety of families? I think a rate that is 17% above the national average. not. That is a shocking figure. It is something that Further, the Bill seeks to increase the should bring shame upon all of us and we number of weapons in the community. It will have an obligation to do anything and impact on the number of injuries and increase everything in our power to remove the source the seriousness of such injuries in domestic of self-harm among our young people. violence situations. Of major concern is the Similar to domestic violence, there is a Bill's proposal to establish a prohibited persons clear and irrefutable link between patterns of register instead of the automatic prohibition suicide and patterns of gun ownership. It is a currently contained in the Weapons Act. The legitimate question for members of One Nation Bill states that a person can be removed from to ask: does regulation work? Do we have any this register if a doctor or a psychologist evidence that regulation of guns actually works informs the commissioner that the person is no to reduce the incidence of homicide or longer unsuitable to possess a firearm. These suicide? There is clear evidence. For example, are grossly inadequate safeguards, especially prior to the 1996 amendments Queensland if there is no recourse to any other checks. had a higher rate of suicide by firearm than the The Weapons Amendment Bill would also Australian national average. Research already significantly water down a range of important suggests that this higher rate could have been legislative protections contained in the due to the less restrictive gun legislation at the Weapons Act and the domestic violence Act time. According to data from the Australian against perpetrators of domestic violence Institute of Suicide Prevention and Research, gaining access to weapons. For example, the deaths by firearm suicide in Queensland for current Domestic Violence (Family Protection) young people in 1995 and 1996 were 17 and Act provides for the automatic suspension of a 24 respectively. However, in 1997, 12 months respondent spouse's weapons licence where a after the 1996 reforms, only eight young temporary protection order is made, and the people died by firearm suicide in Queensland. automatic revocation where a domestic That is half and one third of the figures in the violence order is made. The proposal for such years preceding the reforms. It is the lowest a register simply misses the point in relation to number of firearm suicides for this age group family-based violence. The pattern of family- in 20 years and in relative terms—rates per based violence in our community is 100,000—is the lowest since recording began depressingly familiar. People who kill their in 1964. partners and their children are ordinary people. Also in terms of youth suicide, under this They are people who have had no previous Bill people will be able to store firearms indicators. All too often they are ordinary unobtrusively in a vehicle rather than in a husbands, ordinary fathers or ordinary mothers securely closed container that is out of sight. who are driven by extraordinary circumstances This in effect lifts the restrictions to access by to commit a single devastating act of violence, those who may contemplate self-harm and 1908 Weapons Amendment Bill 25 May 1999 suicide. Research also shows us that the allegations were made about a deep, dark choice of suicide method by individuals is international conspiracy that resulted in the influenced by many factors, and access to Port Arthur massacre, allegedly only to see guns is only one of those. However, gun laws put in place. What rubbish! It is availability, the scope for second thought and irresponsible for anybody in this House to the chances of intervention do influence their suggest that the Government of Australia or, success. It seems that guns are preferred, indeed, any other Government deliberately especially by young men, for their lethal enacted the Port Arthur massacre simply to potential, their violence and the greater push through a political solution to gun laws. familiarity that young men often have with and Any such suggestion by members opposite is greater ownership of firearms. an irresponsible reinforcement of what can In this debate I hesitate to use the word only be described as some crazy civil militia "international", but I think it is important that views. Over the past couple of weeks in this we look at evidence from other countries. The debate I have heard it put by some of the civil United States is a good example of the impact militia groups in this country that Martin Bryant that loose firearm restrictions can have. For was not responsible for the Port Arthur instance, the United States has nearly 14 massacre; that the gun wounds have been times our population and yet it has 64 times examined and it could have been done only our total gun deaths and 211 times our gun by a professional marksman. How does any of homicide rate. The 1997 survey data from the this contribute to a reasonable or rational Centers for Disease Control and Prevention in debate? the United States indicates that approximately Members will not hear me say this very 8.3% of high school students carried a weapon often in this Parliament: I do not have a lot of in the 30 days preceding the survey. I think we respect for John Howard, for many of his have seen enough evidence over the past policies or for much of what he does; but for couple of weeks of what happens when what he did in relation to the gun law reform students have guns in schools. None of us he has earned my respect. I have to say that wants that to happen here. any suggestion that John Howard, for all of my In summary, there is overwhelming doubts about him and his politics, would have evidence that shows that strong gun laws do deliberately enacted the Port Arthur massacre have an impact. They are not perfect. They do to push through an ideological commitment to not stop everything. They are not a complete gun law reform is offensive and an insult. I am panacea. Tonight we have heard a lot about proud to stand up here tonight and dissociate alleged failures in the gun buyback scheme. I myself from that suggestion. If One Nation do not doubt that there have been some wanted to have any credibility in this debate, it failures in this scheme. I do not doubt that would similarly stand up and dissociate itself there are people who should have returned from that type of lunacy. their guns but who have not. However, the In summary, I have very grave concerns failures are no excuse not to attempt to about this Bill for a range of reasons, most regulate. If we believed that a flaw in a particularly because of its impact on families, regulatory system was enough to abolish the domestic violence, youth suicide and, in system, we would not be here making laws. common with the member for Rockhampton, But it is a step in the right direction. It is a step household accidents. The Bill will reverse the that will help to influence a decline in some of good work that has been done in gun control these social problems. But despite the which has, on the whole, had bipartisan evidence that is being put forward by members support from both sides of politics around this from both sides of the House, One Nation country and indeed from the Australian members and gun extremists fail to grasp the community. Again, many people say to me fact and they are unable to rise above their that, while they may not be Liberal voters, for ideological beliefs. their money John Howard's gun law reforms A couple of weeks ago, I heard the and his courage in standing up against some member for Caboolture on 4QR saying that he of the people in his own party and his own hoped this debate would be conducted in a coalition on that issue is something for which reasonable and rational atmosphere. I think it he should be respected. is important for all of us to remind ourselves of I think that the One Nation Party has the misguided motivations of those people misread the Australian electorate and the who are advocating a relaxation of the laws. Queensland electorate on this issue. The Bill is We saw examples of this type of thinking in a clear contradiction of One Nation's policies the opening speeches of many members of on families. It shows the inability of this party to the One Nation Party in July last year, when rise above the ideological zealotry on gun 25 May 1999 Weapons Amendment Bill 1909 ownership. Although its members say that they of the previous Government, I have are pro-family, this Bill is the antithesis of family consistently been of the view that honest, law- safety. The Bill, if passed, will increase the abiding citizens of this State should not be availability of guns in our community. There is disadvantaged by legislation enacted. I no escaping that fact. Increased gun use will continue to be of the view that the original have a damaging impact on the safety of amendments required by the Federal families. I applaud each and every member on Government did not achieve their stated intent both sides of this House throughout this but made honest Queenslanders feel like debate who have had the courage to stand criminals and did not do one thing to reduce firm against what I believe to be a disgraceful the access of weapons to those who had and irresponsible Bill. criminal intent. I have seen nothing either Mrs LIZ CUNNINGHAM (Gladstone—IND) statistically or even anecdotally to prove (10.40 p.m.): A number of comments have otherwise. I know, however, that many been made that I would like to echo regarding previously law-abiding citizens were tempted, our support for the family unit and the need to and many succumbed, to disobey the protect this most important unit of society. On proposed laws and keep unlicensed weapons 22 April this year, Graham Brown from concealed, contrary to the newly enacted laws. Clontarf—and I do not know him—wrote to the There were people on both sides of this paper. He was referring to the terrible tragedy Chamber who spoke against the weapons at the school in Denver, Colorado. He said— amendments that were proposed in 1996. "How many more kids will die before They had not only emotive reasons to speak we have the guts to tackle the real against the legislation; they had objective problem, not the symptom? reasons as well. Yet as history unfolded, they voted for them. Additionally it is well No number of laws banning the documented that the buyback scheme implements used in such incidents—in brought its own problems, many of which have this case, guns and home-made bombs— not yet been corrected. will stop or reduce them unless we tackle Yet another problem has been the why kids feel that violence and killing one renewed zeal by police officers and Weapons another are acceptable ways of dealing Licensing Branch officers to crack down on with perceived wrongs. weapons ranges which, prior to the weapons We have no hope of stopping violent legislation, had operated in their existing incidents until we tackle such issues as condition without comment or threat. Yet on lack of parental responsibility, violent enactment of the legislation, club officials had videos and games that trivialise killing, inspecting officers breathing down their necks, and kids and adults feeling it is their right demanding quite onerous conditions be to have anything they want, whenever complied with, including in some instances they want, and that no one has the right unobtainable safety zones or significant to stop them. financial obligations. All this occurred in spite of Politicians, community leaders and assurances that no such crackdown would parents must be genuine examples of occur. History has shown otherwise. honesty, integrity, personal morality and I have several clubs in my area where the not put short-term expediency before increased number of shooters now have to long-term, perhaps painful remedies." congregate. They have to be members of the On 23 April, David Young from Bundall, in club to be able to maintain weapons. They response to a column by Christine Jackman, have reasons to maintain them. They are law- said— abiding citizens and these clubs are struggling to survive—and mine is not an isolated "Jackman never mentioned the 30 incident—because, in spite of assurances that home-made bombs which, thankfully, police and weapons licensing people would were not detonated in the Littleton school. not become overly zealous, if you like, in They reportedly contained nails, ball administering the weapons licensing bearings and other assorted shrapnel. regulations, that is exactly what has occurred. The information to assemble such deadly Consequently, it is my intention to support the cocktails was available via the Internet— proposed amendments to the weapons no licence or cooling-off period legislation. However, I would foreshadow that necessary." there are a number of areas in which I will be Since the initial Weapons Amendment Bill proposing amendments. In particular, I would was introduced into this House during the term like to comment on various clauses of this Bill. 1910 Weapons Amendment Bill 25 May 1999

The need for a prohibited persons register If the commissioner considers the first and was clearly of public concern after the Port second opinion substantially conflict with each Arthur massacre. Bryant, who perpetrated that other, the commissioner may obtain a third action, did not own the guns; he pinched opinion. The commissioner after considering them. Under the guidelines of the proposed the opinions may, firstly, leave the person on prohibited register, he would have been on the prohibited persons register or, secondly, that register. None of the issues that are remove the person from the register and refer proposed now or in place currently would have the application to an authorised officer to be stopped what Bryant did because he stole the reconsidered. The commissioner must guns. He stole the guns from a farmer who promptly give the person written notice of the would have, even under the current legislation, decision. I included that as a matter of natural complied with the requirements to hold justice, and it is a complex issue and one on weapons. No amount of legislation would have which I am seeking additional clarification. prevented his ownership of weapons as this One of the most repeated issues in the was not an issue. It is my understanding that, debate—not only now, but in 1996—was the as rural residents, the weapons' owners would historical right of a person in Queensland to have legally maintained their weapons. defend his home and his family. There was a The proposed prohibited persons register great deal of mischievous argument during the in this Bill addresses many of the issues initial amendments about this. The fact is that relayed to me. It places an obligation on previously there was not even an issue of the doctors to report unfit persons. Currently this is right to self-defence because historically it had not an obligation but a choice. I would been an accepted part of community life. It foreshadow, however, that it is my intention to had never been questioned. endeavour to include an appeal provision in The fact is that previously there was not the situation in which a single doctor's decision an issue of the right to self-defence, so the registers a person as unfit. This appeal argument that people have never been provision will not allow for doctor shopping, that allowed to use a gun for self-defence or is, the reported person shopping around till defence of the home was manipulative at they find a doctor who will certify them as fit, best. That is one of the matters about which I but an opportunity for the initial doctor's received probably the greatest amount of decision to be reviewed by an appropriately complaint. Many people would not actively qualified doctor. During that appeal period, the say, as the member for Rockhampton said, relevant weapons would be surrendered. that they wanted to point a gun and shoot I would have had these amendments anybody. They just wanted to know, and they circulated tonight in the Chamber; however, believed, that it was their right to be able to there are a couple of matters, particularly in protect their home and family. That is this appeal provision, on which I am still particularly so with the father or the husband in seeking some clarification from the Office of the home. Parliamentary Counsel. But the proposed Clause 9 intends to change the term of appeal provisions include the authorised officer the licence. That is, after a person has applied advising the rejected person that their and been approved as an appropriate person application for a licence has been rejected, suspended or revoked. The officer must advise for a firearm in classes A and B, the licence the person in writing of that revocation, would not be for five years but for an indefinite suspension or rejection. The officer must not term. The indefinite term would be changed reveal the information or the name of the only when that person became an doctor or psychologist who gave the inappropriate person under other categories. information. The person appeals to the The current regime has not been commissioner for a review of the decision. That sustainable. Weapons licensing officers have is all the information that they need to have. It had great difficulty in getting legislation must be made within 28 days. If the accurate, let alone timely. The proposed commissioner requests, the person must changes allow people to retain their licence undergo a further examination by a doctor or unless their circumstances alter. With psychologist of the commissioner's choice. The tightened reporting obligations regarding a commissioner must give the second doctor or person becoming ineligible, the reduced cost psychologist details of the information given and administrative workload will ensure greater under section 151 on the doctor's or accuracy. Clause 10 deals with interstate psychologist's written undertaking not to residents moving to Queensland. This disclose the details of the information of its proposal tightens the period during which author to the person, that is, to the applicant. interstate visitors may retain their weapons 25 May 1999 Weapons Amendment Bill 1911 without ensuring Queensland eligibility. I determining a person's suitability to hold a support that measure. weapons licence. There are demonstrable There are a number of clauses to which circumstances, particularly changed the amendments include what I regard as circumstances, where physical suitability may bracket creep for the acquisition of weapons, dramatically change and my advice is that, the sale or disposal of weapons, the limitation legally, it introduces some lack of clarity that on the issue of permits to acquire and the could be counterproductive as far as application for permits to acquire. I foreshadow community benefit is concerned. that I have concerns at the inclusion of I have little doubt that there will be those category C weapons in this streamlined who will use Port Arthur or the Colorado process. The amendments are finalised, on tragedy to emotionally load this debate. The that area anyway, to remove category C from fact remains that people in this State who the easier, more streamlined process and only have no history of domestic violence, record of include category A and B weapons whilst drug offence, mental or physical disability or generally retaining the higher standard for other genuine disqualifications from particularly categories C and E weapons and retaining light weapons ownerships—that is, categories weapons in categories D, H or R in the A and B—should be free to hold a .22 calibre proposed category. or similar weapon. In November 1998 the During the entire community uproar over National Party Leader said that much of what the proposed initial weapons amendments, One Nation was proposing was the most repeated grievance was that .22 or commonsense. However, he said, "I have not single shot, double-barrelled shotguns were gone through the Bill in great detail as yet." being banned from the ordinary resident, often In December 1998 the Federal someone who has had the weapon for many Government, under the leadership of Federal years. category C weapons, however, include Justice Minister Amanda Vanstone, semiautomatic rim-fire rifles with a magazine threatened the Queensland Government with capacity no greater than 10 rounds, a the withholding of $500m of buyback money if semiautomatic shotgun with a magazine Queensland did not fully cooperate over the capacity no greater than five rounds or a pump guns buyback. The guns buyback was not a action shotgun with a magazine capacity no matter over which the cooperation of the greater than five rounds. It is my belief that this States was gained. It was born of coercion by category of weapon demands a greater the Federal Government with the threat of responsibility and, generally, those who use withholding significant moneys if the States did these weapons regularly and with justification not comply. will achieve their licence requirements without disadvantage or without reducing the Throughout the debate we have heard, obligations to own those weapons. My and no doubt we will continue to hear, of amendments will retain a higher standard for incidents where the Police Minister in this State category C weapons, along with categories D, and Police Ministers in other States have H and R. argued long and hard for a more realistic regime relating to weapons legislation. The I believe that the amendments to clause coercion is not new, either. John Howard has 16, relating to the secure storage of weapons, been threatening his coalition counterparts in recognise the reality of rural Queensland. Queensland since 1996. Additionally, the constraints proposed are practical given the real situations faced by rural I fully support the right of every person to producers and workers in Queensland. live in quiet, peace, harmony and enjoyment in this State. The fact is that sadness visits each My only comment with regard to clause one of us in many forms. The myth 20, which deals with the community liaison perpetrated that banning guns will fix the committee, is that I have some concern at the violence problem is both simplistic and over-representation on the advisory committee unsustainable. Our current regime has not of Government, public servants or police reduced access to the broadest range of officers. Unless there are compelling reasons weapons by the criminal element. It has, for the balance as proposed, a more equitable however, caused a great deal of angst to the balance between community and Government many honest Queenslanders affected by the representatives should be sought. weapons legislation and it is on their behalf With regard to clause 21, I seek that I hold my position on this matter. Bearing information from the member as to his reasons in mind the amendments that I propose to for deleting "physical" from the issues doctors move should we go into the Committee stage, or psychologists must consider when I support the general thrust of the Bill. 1912 Adjournment 25 May 1999

Debate, on motion of Mr Turner, the Residential A zone, would be relaxed adjourned. further so that flats would become more prevalent around Brisbane. No longer would there be a requirement to ensure that these ADJOURNMENT structures were granny flats. Hon. T. M. MACKENROTH (Chatsworth— Moreover, residents will lose the right of ALP) (Leader of the House) (10.56 p.m.): I appeal in relation to small lot development in move— their neighbourhood. So, as I mentioned "That the House do now adjourn." before, development lot size will be down to 300 square metres, and no longer will residents have the ability to object to that sort Brisbane Town Plan of development. They will be able to send in a Mr BEANLAND (Indooroopilly—LP) letter of protest, but there will be no legal right (10.57 p.m.): The proposed new city plan of appeal to the Planning and Environment currently on display will change Brisbane Court. dramatically over the coming years should it be adopted as the city's new town plan. It will In low residential areas, the minimum size destroy Brisbane's privately owned green belt lot for town house development will be and will lead to the destruction of the way of reduced from 10,000 square metres to 2,500 life as we know it in suburban Brisbane. It will square metres. That will mean that it will be certainly lead to traffic gridlock. much easier to put together those types of allotments for town house developments. Far from there being little change to the residents of Brisbane, as Councillor Soorley Mr Sullivan interjected. recently indicated, the new plan would lead to Mr BEANLAND: I am sure that this is some very significant changes indeed to the going to occur in the electorate of the member City of Brisbane. For example, low density for Chermside—all of this and more besides. residential areas, formerly in the Residential A He will be in for a rude shock when this type of zone, would be affected. The minimum lot size development starts to take over the streets in in these low density residential areas, formerly his electorate. It will create traffic gridlock. How Residential A zones, would be reduced from is he going to explain that away? 545 square metres, or 21.5 perches, to 450 square metres, or 17.8 perches. Put simply, this situation will create a substantial increase in the number of town The lot size could, with relaxations, be houses and apartment blocks up to three further reduced from currently 400 square storeys in suburban Brisbane. Moreover, metres, or 15.8 perches, to 300 square where not built to the boundary line, houses metres, or 11.8 perches—less than 12 can go as close as 75 centimetres to the side perches. In fact, we would see a range of boundary fence. This will mean that, in turn, suburban allotments of this size in the suburbs there will be less air space between the side of of this city. It is apparent that if it is possible to a house and the boundary. There will be less get a relaxation to that degree, then this type area for gardens, less area for a yard and, of of housing development will occur around course, less area for trees. Higher densities of suburban Brisbane. In other words, it would be up to three storeys will also be allowed near possible under this new plan to have an suburban and convenience shopping centres. allotment of 11.8 perches, or 300 square metres, in any street currently zoned The face of Brisbane is going to change Residential A. These are the stark facts of life. dramatically, because it will be fairly easy to Through this and other changes, residential put together a number of allotments to make densities would in fact almost double the up 2,500 square metres. It is far more difficult density of Brisbane. to develop town houses when the minimum Other changes to the city plan would allotment size is 10,000 square metres. mean that a building could be up to three Clearly, the face of the older established storeys high in medium and low density areas suburbs is going to change dramatically. This if it were within 200 metres of a railway station. will mean a proliferation of high-density living in So if people happen to live within 200 metres the older suburbs as well as the newer ones. of a railway station and happen to be in a The emerging community areas which were Residential A or lower density zone, they could formerly zoned Future Urban are also in for a have a three storey development in their rude shock, because the housing density there has been increased by some 50%. vicinity. The provisions relating to granny flats, which are allowed in suburban areas now in Time expired. 25 May 1999 Adjournment 1913

Shalom College, Bundaberg controlling parking or cooking at the barbecues Mrs NITA CUNNINGHAM (Bundaberg) for the very successful and very popular weekly (11.02 p.m.): I would like to bring to the markets that are held in the school grounds attention of the House the outstanding every Sunday. And further, through sheer hard achievements of Shalom College in work and commitment, those parents and Bundaberg. This college was established just friends of Shalom College will have their 15 years ago and, since then, has gone from college fully paid for by the year 2002 and their strength to strength with staged construction of new sports centre by 2009. What an attractive and functional buildings, with achievement in just 15 years! What a credit provision of top facilities and equipment and those people are to their school, and what a with expanding student numbers. The college credit Shalom College is to Bundaberg. is held in high regard throughout our At the official opening, the Director of community and is a credit to the principal, the Catholic Education, Joe McCorley, said— dedicated staff, a hardworking group of "This hall will record achievements parents and friends that would be the envy of and failures, hopes and dreams, and it will most schools in Queensland, and the students also tell the story of a principal who faced who set themselves such a high standard. difficulties but had faith that it could be The college's latest achievement is the done despite financial roadblocks." recent official opening of its $2m sports centre, Are these people now sitting back, after such opened by the Governor of Queensland and an achievement, reflecting in their glory? No! attended by 1,400 people. The centre was They are already planning the next school constructed as a multipurpose facility and is development with the purchase of land at Pine the culmination of many years of planning, Creek on the outskirts of the city for an fundraising and hard work. The building environmental centre. This area will enable reflects the expertise of local builders Murchie Shalom College to expand its curriculum in the Constructions, engineers Leddy, Sergiacomi & environmental, outdoor and agricultural areas Associates, local suppliers and a team of and could also be used in the future as a willing workers. The centre provides for netball, camp for visiting schools and, eventually, as a volleyball, badminton and indoor soccer. It has conference facility. In all, those are a fully equipped exercise room, room for outstanding achievements and a fine example aerobics, displays, meetings, weight training, a for others to follow. physical education classroom, canteen and change facilities, and will cater for school Shalom College in Bundaberg is a truly assemblies, major examinations and the progressive and independent school, and I annual art exhibition. pay tribute to everyone who has played a role in its progress. The school has ambitious plans to host one of the largest Rugby League carnivals in Queensland next year and a netball carnival Toowoomba and Darling Downs which, together, will involve more than 3,000 Development players and supporters. The new centre will be Mr HORAN (Toowoomba South—NPA) used for the State volleyball championships, (11.07 p.m.): Toowoomba and the Darling which will also be hosted by Shalom College Downs are on the threshold of some of the next year. most sustained growth and economic Full credit goes to Shalom College, development and some of the most exciting because the new sports centre is due to the potential that we have seen in years if five initiative of former principal Brother Nev important proposals for the area can become Feeney, the tenacity of current principal Pat a reality. These five proposals have come Wall, the untiring work of the chairman of the together, and as we enter into the year 2000 school board, Peter Ahern, and the each of the proposals is important in the determination of their entire school community. overall scheme of development and each will But the most remarkable achievement for this enhance or rely upon the other for its ultimate college is that the $2m sports centre has been success. The five proposals together have the funded by the college itself without any capacity to be bigger than the Snowy Government funds. That whole complex has Mountains scheme and to give some real been built and fitted out with a loan from the sustainability and some real vision to diocese, which will be repaid over the next 10 development in that part of south-western years, together with funds raised by the school Queensland. board and the parents and friends who work The first proposal is the second range every Sunday from 6 a.m. serving food, crossing—something that has been needed 1914 Adjournment 25 May 1999 for many, many years. It is proposed to start inner city living. These are the sorts of things construction by the year 2010, but that needs that would enhance even further the wonderful to be brought forward by a minimum of five livability of Toowoomba. It will enhance the years. There is currently $24m allocated in the entertainment and eating area that has been existing budgets until the year 2002 for the developed in Margaret Street. acquisition of land in the corridor. But by that In recent decades we have seen huge year, the Warrego Highway up the range to developments in certain regions of Toowoomba will be carrying 26,000 vehicles Queensland. In central Queensland we have per day—many of them major semitrailers and seen the development of coalmines and B-doubles—and that road will be at full export ports. We have seen the development capacity. It is essential that the Federal of Gladstone. We have had the tourism Government brings forward the proposal for development in Cairns and regional the second range crossing, which will be the development in Townsville. Now is the time for major link in the road system between an exciting development to occur in Brisbane, Toowoomba and Melbourne and Toowoomba and the Darling Downs—just between Brisbane, Toowoomba and Darwin. outside the south-eastern corner of The second proposal is the Australian Queensland. inland railway link—the first stage in the This is a chance of a lifetime for major proposal by ATEC to run 4,000 kilometres of growth in Toowoomba and the downs. It is an railway line from Melbourne through to Darwin. opportunity to develop an export and transport This first stage, which will run from Moree to hub for eastern Australia, backed up by a Fisherman Islands via Toowoomba and, secure irrigation supply. Australia's most hopefully, via the same type of corridor that will beautiful and livable city will be further exist for the second range crossing, can bring enhanced by well-planned inner city untold opportunities in transport and exports. development. These projects must happen, The third proposal is the recycling of and they must happen quickly. renewed water from Brisbane, Ipswich and I call on the Minister for State other south-east Queensland council areas Development, the Minister for Transport, the that is currently discharged into the Brisbane Federal Government, the Federal Minister for River or Moreton Bay. Some 150,000 Transport, and others to ensure that this once megalitres per year can be renewed and in a lifetime chance is not missed. I know they pumped to the Lockyer and over the range to will have the support of all local members from the Darling Downs, providing about 50,000 Toowoomba and the Darling Downs. Not only megalitres a year to the Lockyer and 100,000 is this a chance for Toowoomba; it is also a or more megalitres of sustainable, secure chance for Queensland and Australia. It will water supply to the downs. This will ensure enable us to put ourselves on the map with a something in the order of $130m a year of major eastern Australian transport, economic extra export potential from both the Lockyer and export hub that will be the envy of the rest and the Darling Downs. of the world. It is a chance not to be missed. The fourth proposal is the establishment of a major road transport and warehousing and industrial estate to the west of Community Hall, Banyo/Nudgee Toowoomba. There are currently two Mr ROBERTS (Nudgee—ALP) proposals: one by the Eastern Downs Regional (11.12 p.m.): A new community hall is required Organisation of Councils; and one by a private to service local school and community needs firm, which would be based on some 3,000 in the suburbs of Banyo, Nudgee, Northgate, acres and provide not only a warehousing and Virginia East and Nudgee Beach. In my transport hub but also other industrial opinion, the best location for such a facility opportunities, such as, for example, the would be in the grounds of the centrally relocation of the saleyards from Toowoomba. located Banyo State High School. The final proposal—another important The announcement of the relocation of one—is for the proposed joint sale of the old the Australian Catholic University to the Banyo post office, the old courthouse and the old Seminary site sometime between 2002 and police station. There are various proposals, 2004 has highlighted a range of development ranging up to $35m and $40m, for inner city opportunities. Areas where opportunities exist redevelopment, maintaining the historical include public transport, policing, local beauty of these buildings, and at the same businesses, our schools and the community time putting in place conference and generally. One of the key needs of the area is convention centres, hotel accommodation and for a new sport and community centre that will 25 May 1999 Adjournment 1915 meet the needs of our local schools and this would necessitate the local community or sporting and community organisations. I want local organisations raising up to $250,000 to to work closely with the community to achieve access these programs. This is a major task, that goal. and accordingly the community needs to Currently, the area has a number of small seriously consider all available options to halls generally located on church grounds. achieve this important goal. They are not adequate to address the growing One advantage of the Banyo State High recreational needs of the district. There is a School site is the availability of a wider range need for a much larger facility to cater for of funding options. These include dollar-for- indoor sports activities as well as other dollar grant programs from both the community and recreational pursuits. Our local Department of Sport and the Department of school students currently travel as far as Education. Subject to community acceptance, Sandgate to access decent hall facilities to it could also include moneys acquired from the conduct awards presentations, theatrical sale of the remaining land previously occupied performances and school dances. For many by the old Banyo Memorial Hall. This money years, the old Banyo Memorial Hall met the would provide a unique kick-start to the needs of this community. It was a place of significant fundraising efforts that will be activity and memories for many local residents. required to build a new hall facility for the area. Unfortunately, in mid 1998 the hall had to be The land containing the new RSL memorial demolished. park has been separated out on a lease that Studies undertaken by the Department of has been granted to the State branch of the Natural Resources, which owns the hall, RSL and consequently would not be a part of identified that it would be uneconomical to this proposal. refurbish it. The Banyo sub-branch of the RSL Recently, the Minister for Education has since constructed a new memorial park on announced a school and community capital the site. This was completed just in time for its innovations program which seeks to grand opening on Anzac Day this year. The encourage the innovative and joint usage of memorial is a lasting tribute to the men and school facilities by both schools and the wider women who made tremendous sacrifices on community. A community hall built at Banyo our behalf and is a credit to the local sub- High would achieve this objective and provide branch who put so much time and effort into a vital social and recreational hub for the the project. district. The hall could provide meeting space for local community groups and clubs, indoor With the memorial now complete, it is time to consider options for providing a new sports facilities, a stage for cultural events and, community and school hall facility for the area. at the same time, a suitable assembly venue There are three main options for consideration: which would relieve local schools of the trials of firstly, do nothing and allow the Department of conducting major school functions as far away Natural Resources to sell the remaining land as Sandgate or the Carseldine campus of the where the old hall once stood, and I think this QUT. would be unacceptable to the majority of local This is a significant issue which will require residents; secondly, build a new hall on the a great deal of local community support and existing site; and, thirdly, build a new hall on initiative. I am prepared to facilitate the the grounds of the Banyo State High School. process needed to work towards achieving this goal. Without appropriate community support Whereas there are legitimate grounds for and assistance we will not secure the constructing a new facility on the old memorial community and school hall facilities we need. hall site, the enormous fundraising Over the next few weeks, I will be calling a requirements for this proposal make it less public meeting to discuss this issue. It is an attractive than the alternative of the Banyo important issue for the communities of Banyo, State High School grounds. It is also Nudgee, Northgate, Virginia and Nudgee questionable whether the site could contain a Beach. I look forward to discussing this project facility which would be large enough to meet with those communities and working with them the broad range of activities that need to be to achieve something worth while for our accommodated. The cost of constructing a current and future generations. basic hall facility which contains space for activities such as indoor netball or basketball, a stage, canteen, storage and office facilities Apprentices and Trainees could be as high as $500,000. Mr SANTORO (Clayfield—LP) As the currently available funding (11.17 p.m.): During the past few months the programs provide for dollar-for-dollar subsidies, Minister for Employment, Training and 1916 Adjournment 25 May 1999

Industrial Relations has sought to convince this initial report on the basis that his statistical House and the general public that the record database was invalid, unreliable and growth for traineeships has been ruthlessly inconsistent, attempted to avoid the same pursued and promoted for their own personal problem this time by using 88 interview and corporate benefit by registered training subjects in a search for "perceptions" from organisations. which to derive a "feel" for the condition of the However, the Minister will not tell training system. honourable members that his department's Unfortunately, those most intimately research indicates that only 10% of involved with the training system, whose apprentices and 7% of employers use an RTO "perceptions" would have been worthy of to assist with the training sign-up process. As serious consideration—teachers, apprentices only 8% of apprentices and 10% of employers and trainees—were excluded from Dr Smith's used group training schemes for this purpose, chosen 88. Whilst Dr Smith points out that his the "anecdotal evidence" that such training sample of 88 was chosen at random, the fact providers are driving the market towards that his sample is not representative of traineeships is untenable—unless, of course, participants in the training system but is we believe that such small tails can wag such skewed towards bureaucratic and a huge dog! These figures that shatter the departmental respondents demolishes the anecdotal evidence fed to the Minister to credibility of his many generalisations. make him believe that private providers are driving the growth of traineeships are Whilst omitting the most perceptive reinforced with others indicating that only 4% subjects from his sample, Dr Smith indicates of employers were influenced towards that, whenever possible, his researchers had traineeships by RTOs and that the same "informal discussions"—alias chats—with percentage—4%—were influenced towards teachers, apprentices and trainees. On the traineeships because of the availability of more strength of such chats with 11 of the State's flexible college attendance patterns for thousands of apprentices and 21 of the trainees. State's army of trainees, Dr Smith was able to report with some undoubted satisfaction that I repeat my initial assertion that these many of these 11 apprentices and 21 trainees figures are contained in departmental research "supported the belief that the great majority of reports, but the Minister and his senior officers providers, particularly those supporting on-the- are ignoring them because they contradict the job traineeships, lack sufficient professional preferred political agenda. If the system was skills as teachers and/or trainers." driven by the desire of most providers and other agencies to maximise their returns for Of course, such support by this minimal effort, as some have claimed on the exceptionally limited sample for such an all- basis of anecdotes, they would not be encompassing belief is meaningless and does promoting traineeships and getting half the nothing to transform this belief into fact. After subsidy they could get through all, the earth did not become flat just because apprenticeships. many supported the belief that it was flat, expressed their perception that it was flat, or The myth of traineeship growth being developed a feel that it was flat. Much of the driven by greedy private training providers latest Smith report, upon which the Minister becomes even more intellectually has based his decision to conduct an unsustainable when the department's research immediate inquiry, consists of unfounded shows that one third of employers have rumour and innuendo. For example, page 30 indicated that they employ friends and alone consists of six allegations and an relatives as apprentices and trainees. Such unsubstantiated anecdote that providers will benevolent nepotism by one third of enter into an unholy alliance with almost employers would influence age trends anyone to extract Government funds with amongst trainees as much as any minimum training effort. Government policy. To make this report sound more The massive and expensive research convincing than his last report, Dr Smith does project which has intermittently involved not rely on just a few anecdotes. He claims approximately 10 senior officers—many since that— April last year—together with the latest report by the Minister's favoured researcher, Dr "Almost every person interviewed Smith, are significantly flawed on the basis of had a string of anecdotes about providers their sampling methodology. Dr Smith, who who were virtually providing no training for last year heavily and frequently qualified his their on-the-job trainees." 25 May 1999 Adjournment 1917

He does not reveal how many of his sample of The official opening ceremony was 88 have direct contact with trainees who are attended by 30 venerable monks and nuns undertaking their training on the job. How from other Australian States and New Zealand. unfortunate that he chose not to include on- Distinguished guests included the Honourable the-job trainees in his samples, as their Henry Palaszczuk, the member for Inala; perceptions would have been worth recording. Councillor Les Bryant; and Lord Mayor Jim Members should seriously consider why Dr Soorley. After the ceremony commenced, Smith's sample of 88 deliberately excluded Thich Dhat Ton, the President and Abbot of teachers, trainees and apprentices, particularly Phap-Quang Temple, gave the opening those engaged in on-the-job training, of which speech. He spoke of temples being symbols of he is most critical and about which he Buddhism—places for people to come to produces hearsay evidence of strings of practise Buddhism, to develop their inner anecdotes. morality, create inner tranquillity and thus Dr Smith is fortunate that his interview contribute to the advancement of all human subjects do not have ordinary perceptions or beings. beliefs. Just as they have a string of politically The construction of the temple and the useful anecdotes, they have general or many people who contributed towards making overwhelming perceptions and strong and their vision a reality was to me an example of persuasive beliefs—deep, general and the nature and cohesiveness of this widespread beliefs. I refer again to the most community. The colourful beauty of the temple appropriate analogy, the flat earth theory. Not is also symbolic and defines the richness of even the strength, breadth and depth of their culture, their elegance and bright outlook people's beliefs and perceptions or the fact on the future. that almost everyone had a string of Over the past few years, I have anecdotes about those who went too close to participated in many Vietnamese events, and the edge and fell off made the earth flat. each time I do I learn something new about As a lawyer, Mr Braddy knows that Dr their way of life. Recently, at a forum held by Smith's latest report is built on rumour, the Office of Multicultural Affairs for people in hearsay, subjectivity and innuendo rather than the south-western suburbs, I again met some objective evidence. However, as a politician, of the leaders of this and other ethnic he has eagerly and quite cynically seized upon communities. Although the forum was to gain the politically useful quotes in the report that information about the needs of these has been provided for him. communities to further advance the direction of the office, the underlying concern of Time expired. participants was racism and how this may be overcome. Some of the common words used Durack Vietnamese Buddhist Temple were integration, acceptance, education, peace and harmony. To live in a society free of Mrs ATTWOOD (Mount Ommaney—ALP) prejudice and fear is the ultimate aim of all (11.21 p.m.): On 2 May I attended the new Australians. Even though language inauguration ceremony of the Vietnamese barriers certainly existed, I felt that the Buddhist Temple at Durack. That morning, intention of what the people wanted to express over 1,000 people visited the temple to came through loud and clear. This is typical of celebrate this event. Buddhism is the principal this community: to be successful in speaking religion of the Vietnamese people. In fact, it is out and in getting their message across. the religion of at least 80% of Australian Vietnamese. In all cultures there are the heroes—those with a clear vision of what is right and those The Chua Phap-Quang Temple was who have set about fighting injustices. constructed over the past two years through Professor Doan Viet Hoat is one of the most the efforts of a committed group of people. remarkable people in regard to advocating on Vegetarian dinners were held to raise funds for behalf of the people of Vietnam. Professor Phap-Quang's construction, and these efforts Doan has dedicated his life to fighting for were always supported by more than 1,000 freedom and democracy in Vietnam. He spent Buddhists, compatriots and friends. The 19 years in Vietnamese prisons for advocating temple's activities do not only fulfil the religious peaceful political reform, liberty and human needs of the community but they also provide rights. Finally, on 29 August 1998—less than a social, cultural and educational support for the year ago—this dedicated individual was Vietnamese community. This helps to maintain released from prison and immediately was valuable traditions and spiritual guidance to expelled from his home country. His release the Vietnamese people in a new country. occurred as a result of immense pressure put 1918 Adjournment 25 May 1999 on the Government by international human rights organisations. He will be visiting Brisbane on 30 and 31 May to personally express his appreciation to the Queensland Government. Professor Doan Viet Hoat is a man revered by his compatriots, and his writings attest to his great vision, independent thinking, his immunity to hatred, and his great wisdom and courage. It is people such as Professor Doan who change the course of our history, despite the consequences, by fighting for what they believe in. I look forward to meeting him and hearing first-hand his thoughts on human rights issues, just as I look forward to working with all cultures with the aim of promoting a society that is free, safe and harmonious and where the colour of one's skin does not matter. Motion agreed to. The House adjourned at 11.26 p.m.