VICTORIA PARLIAMENTARY DEBATES (HANSARD) FIFTY-FIRST PARLIAMENT SPRING SESSION 1989 Legislative Council VOL. 396 [From 11 October 1989 to 17 November 1989] MELBOURNE: JEAN GOROON. GOVERNMENT PRINTER The Governor His Excellency the Reverend DR JOHN DA VIS McCAUGHEY, AC The Lieutenant-Governor The Honourable SIR JOHN McINTOSH YOUNG, AC, KCMG The Ministry Premier The Hon. John Cain, MP Deputy Premier, and Minister for The Hon. J. E. Kirner, AM, MP Education Minister for the Arts, Minister for Major The Hon. E. H. Walker, MLC Projects, and Minister responsible for Post-Secondary Education Minister for Industry, Technology and The Hon. D. R. White, MLC Resources, and Minister Assisting the Treasurer in Budget Expenditure Minister for Police and Emergency The Hon S. M. Crabb, MP Services, and Minister for Tourism Minister for Health The Hon. C. J. Hogg, MLC Treasurer The Hon. R. A. Jolly, MP Minister for Transport The Hon. J. H. Kennan, QC, MP Minister for Local Government .. The Hon. M. A. Lyster, MLC Attorney-General, and Minister for The Hon. Andrew McCutcheon, MP Ethnic Affairs Minister for Labour The Hon. N. A. Pope, MP Minister for Housing and Construction The Hon. B. T. Pullen, MLC Minister for Planning and Environment, The Hon. T. W. Roper, MP and Minister for Consumer Affairs Minister for Agriculture and Rural Affairs The Hon. B. J. Rowe, MP Minister for Conservation, Forests and The Hon. K. P. Setches, MP Lands Minister for Community Services, and The Hon. P. C. Spyker, MP Minister for Prices Minister for Sport and Recreation The Hon. N. B. Trezise, MP Minister for Property and Services, and The Hon. R. W. Walsh, MP Minister for Water Resources Parliamentary Secretary of the Cabinet M. J. Sandon, Esquire, MP Members of the Legislative Council FIFTY -FIRST PARLIAMENT-FIRST SESSION Member Province Party Member Province Party Ashman. Hon. Gerald Barry Boronia LP Landeryou. Hon. William DouttaGalIa ALP Baxter. Hon. William Robert North Eastern NP Albert Best. Hon. Ronald Alexander North Western NP Lawson. Hon. Robert Higinbotham LP Birrell. Hon. Mark Alexander East Yarra LP Long. Hon. Richard John Gippsland LP Chamberlain. Hon. Bruce Western LP Lyster, Hon. Maureen Anne Chelsea ALP Anthony McLean, Hon. Jean Boronia ALP Connard. Hon. Geoffrey Higinbotham LP Macey, Hon. Reg Monash LP PhiIIip Mackenzie, Hon. Roderick Geelong Ind. Cox. Hon. George Henry Nunawading LP Alexander Coxsedge, Hon. Joan Melbourne West ALP Mier. Hon. Brian William Waverley ALP Craige. Hon. Geoffrey Central LP Miles. Hon. John Gould Templestowe LP Ronald Highlands PulIen, Hon. Barry Thomas Melbourne ALP Crawford. Hon. George Jika Jika ALP Sgro, Hon. Giovanni Melbourne North ALP Robert Antonio Davidson, Hon. Burwyn Eric Chelsea ALP Skeggs, Hon. Bruce Albert Templestowe LP de Fegely, Hon. Richard BalIarat LP Edward Strachan Smith, Hon. Kenneth South Eastern LP Evans, Hon. David Mylor North Eastern NP Maurice Guest, Hon. James Vincent Monash LP Storey, Hon. Haddon, QC East Yarra LP Chester Tehan, Hon. Marie Therese Central LP Hall, Hon. Peter Ronald Gippsland NP Highlands Hallam, Hon. Roger Murray Western NP Theophanous, Hon. Theo Jika Jika ALP Henshaw, Hon. David Geelong ALP Charles Ernest, MBE Van Buren, Hon. Charles Eumemmerring ALP Hogg, Hon. Caroline Jennifer Melbourne North ALP Fredrick Hunt, Hon. Alan John South Eastern LP Varty, Hon. Rosemary Nunawading LP I yes, Hon. Robert Stuart Eumemmerring ALP Walker, Hon. Evan Herbert Melbourne ALP Kennedy, Hon. Cyril James Waverley ALP White, Hon. David Ronald DouttaGalla ALP Knowles, Hon. Robert lan BalIarat LP Wright. Hon. Kenneth Irving North Western NP Kokocinski. Hon. Licia Melbourne West ALP Mackenzie President: THE HON. A. J. HUNT Chairman of Committees: THE. HON. K. I. M. WRIGHT Temporary Chairmen of Committees: The Honourables Joan Coxsedge, D. M. Evans, J. V. C. Guest, D. E. Henshaw, W. A. Landeryou, Robert Lawson, R. J. Long, and G. A. Sgro. Leader of the Government: THE HON. E. H. WALKER Deputy Leader of the Government: THE HON. D. R. WHITE Leader of the Opposition: THE HON. M. A. BIRRELL Deputy Leader of the Opposition: THE HON. HADDON STOREY, QC Leader of the National Party: THE HON. W. R. BAXTER Deputy Leader of the National Party: THE HON. R. M. HALLAM Heads of Parliamentary Departments Assembly-Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. K. Boyes Council-Clerk of the Legislative Council: Mr A. V. Bray Hansard-ChiefReporter: Mr L. C. Johns Library-Librarian: Mr B. J. Davidson House-Secretary: Mr W. E. C. Ward Adjournment 11 October 1989 COUNCIL 817 implemented by 30 September 1990. As I said, the first phase of the award creating professional rates-which amounts to 50 per cent of the award-has already been implemented. Part of that judgment on pa~es 7 and 8 referred to qualification allowances that nurses had been receiving untll the date of the implementation of the judgment, namely, 30 September 1989. The commission said: ... after careful consideration we have concluded that, as a result of this decision, qualification allowances will be absorbed into the final profession rates we now award. Then a directive went out from Health Department Victoria and was tabled in the commission on 4 October 1989. The reference number of that directive is RN/I0/89 and it is headed "Registered Nurses Award-Professional Rates of Pay-Clinical Nurse Specialist". Paragraph 3 states: Until these matters are resolved grade 2 nurses will continue to receive their full qualification allowances. It would seem that there is an award and that the award came into operation on 30 September in its first phase. The Hon. D. R. White-It is not fully implemented until the next September. The Hon. M. T. TEHAN-The second phase is implemented on 30 September 1990 but the understanding was that qualification allowances would not be paid, as is spelt out clearly in the judgment, once the professional award is made. The Hon. D. R. White-Fully implemented? The Hon. M. T. TEHAN-Fully implemented, or 50 per cent was to be reduced at this stage and 50 per cent was to be reduced at the other, at the most. The Minister did know of this and, I submit, had the capacity to know-- The DEPUTY PRESIDENT (the Hon. K. I. M. Wright)-Order! Mrs Tehan is developing a set speech. She should come to the point. The Hon. M. T. TEHAN-This is background to the question, and the answer of the Minister today was that she was not aware of the circumstances I have raised. I shall refer to one more document and that is a letter from the Private Hospitals Association of Victoria dated 5 October 1989 addressed to the Minister for Health. It was faxed to her department. The first paragraph states: I am writing to you to express the concern of this association over a recent decision taken by your department to continue to pay full qualification allowances for grade 2 nurses until there was a resolution of the clinical nurse specialist classification matter. I think that is sufficient background to indicate that there was a decision and that it was to be implemented in two phases. It is stated quite explicitly that once the implementation of the professional rates award is implemented, as it will be in the first pay after 30 September this year-in part-no further qualification allowances would be paid in that they are absorbed into the professional rates award. The directive of 4 October 1989-- The Hon. D. R. White-That was not clear in the words you read. The Hon. M. T. TEHAN-I cannot be more explicit then the judgment on pages 7 and 8, which refers to qualification allowances and I am prepared to repeat the last paragraph of that, which explicitly says-- The DEPUTY PRESIDENT-Order! Mrs Tehan is developing a set speech and the guidelines relating to speeches in debate on the motion for the adjournment of the sitting are that the member may make a complaint or request or pose a query but in Session 1989-28 818 COUNCIL 11 October 1989 Adjournment doing so must confine his or her remarks to a single subject and may not develop the remarks into a set speech. I hope Mrs Tehan is coming to the point. The Hon. M. T. TEHAN-The words are that the qualification allowances "will be absorbed into the final professional rates we now award". In view of the background to the question, I ask the Minister to indicate why her department's directive in RN/I0/89 says that public hospitals do not need to pay that qualification allowance in the interim period. The Hon. G. P. CONNARD (Higinbotham Province)-The Minister for Health would have received a letter from the Royal Australasian College of Radiologists dated 18 June 1989 because the college wrote to every member of Parliament in Australia to direct attention to the collapse which is occurnn~ in the State's radiotherapy services for the treatment of cancer. In the letter it maintaIns that the entire fabric of radiotherapy services is affected, including equipment, medical and paramedical staff levels, staff training and research, and adds that a strategic plan is necessary to turn the crisis around. This was supported in the Age of 19 June 1989 where Or Graeme Morgan, Secretary of the Royal Australiasian College of Radiologists, maintained that more than 2000 cancer patients a year are having their chance of cure jeopardised because of inadequate radiotherapy services and the college estimates that 9000 patients a year who would benefit from radiotherapy are not bein$ treated because of staff and equipment shortages. Of those, some 2000 are faced WIth premature death or are seeking treatment by alternative methods that could be disfigunng or more costly.