PARLIAMENTARY DEBATES (HANSARD)

PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES

(HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Book 13

15, 16 and 17 October 2013

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

By authority of the Victorian Government Printer

The Governor

The Honourable ALEX CHERNOV, AC, QC

The Lieutenant-Governor

The Honourable Justice MARILYN WARREN, AC

The ministry

(from 22 April 2013)

Deputy Premier, Minister for State Development, and Minister for

Regional and Rural Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. P. J. Ryan, MP

Minister for Innovation, Services and Small Business, Minister for

Tourism and Major Events, and Minister for Employment and Trade . . The Hon. Louise Asher, MP

Attorney-General, Minister for Finance and Minister for Industrial

Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. R. W. Clark, MP

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. P. R. Hall, MLC

Minister for Ports, Minister for Major Projects and Minister for

Manufacturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. D. J. Hodgett, MP

Minister for Multicultural Affairs and Citizenship, and Minister for

Energy and Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood

Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. W. A. Lovell, MLC

Minister for Liquor and Gaming Regulation, Minister for Corrections and Minister for Crime Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. E. J. O’Donohue, MLC

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth

Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. R. Smith, MP

Minister for the Arts, Minister for Women’s Affairs and Minister for

Consumer Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. H. Victoria, MP

Minister for Police and Emergency Services, and Minister for Bushfire

Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. K. A. Wells, MP

Minister for Mental Health, Minister for Community Services, and

Minister for Disability Services and Reform . . . . . . . . . . . . . . . . . . . . . . . The Hon. M. L. N. Wooldridge, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr Hodgett, Mr Morris, Mr Nardella, Mr O’Brien,

Mr Pandazopoulos and Mr Walsh.

Standing Orders Committee — The Speaker, Ms Allan, Ms Asher, Ms Barker, Mrs Fyffe, Mr Hodgett, Ms Kairouz and Mrs Powell.

Joint committees

Accountability and Oversight Committee — ( Assembly ): Ms Kanis, Mr McIntosh and Ms Neville.

( Council ): Mr O’Brien and Mr P. Davis.

Dispute Resolution Committee — ( Assembly ): Ms Allan, Ms Asher, Mr Clark, Ms Hennessy, Mr Merlino, Mr

O’Brien and Mr Walsh. ( Council ): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik.

Economic Development, Infrastructure and Outer Suburban/Interface Services Committee — ( Assembly ):

Mr Burgess, Mrs Fyffe, Mr McGuire and Mr Shaw. ( Council ): Mrs Peulich.

Education and Training Committee — ( Assembly ): Mr Brooks and Mr Crisp. ( Council ): Mr Elasmar and

Mrs Kronberg.

Electoral Matters Committee — ( Assembly ): Mr Northe. ( Council ): Mr Finn, Mrs Peulich, Mr Somyurek and

Mr Tarlamis.

Environment and Natural Resources Committee — ( Assembly ): Mr Bull, Ms Duncan, Mr Pandazopoulos and

Ms Wreford. ( Council ): Mr Koch.

Family and Community Development Committee — ( Assembly ): Ms Halfpenny, Mr McGuire and Mr Wakeling.

( Council ): Mrs Coote, Ms Crozier and Mr O’Brien.

House Committee — ( Assembly ): The Speaker ( ex officio ), Ms Beattie, Mr Burgess, Ms Campbell, Mrs Fyffe,

Ms Thomson and Mr Weller. ( Council ): The President ( ex officio ), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis.

Independent Broad-based Anti-corruption Commission Committee — ( Assembly ): Ms Hennessy, Mr McIntosh,

Mr Newton-Brown and Mr Weller. ( Council ): Mr Viney.

Law Reform, Drugs and Crime Prevention Committee — ( Assembly ): Mr Carroll, Mr McCurdy and

Mr Southwick. ( Council ): Mr Ramsay and Mr Scheffer.

Public Accounts and Estimates Committee — ( Assembly ): Mr Angus, Ms Hennessey, Mr Morris, Mr Pakula and

Mr Scott. ( Council ): Mr O’Brien and Mr Ondarchie.

Road Safety Committee — ( Assembly ): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson.

( Council ): Mr Elsbury.

Rural and Regional Committee — ( Assembly ): Mr Howard, Mr Katos, Mr Trezise and Mr Weller.

( Council ): Mr Drum.

Scrutiny of Acts and Regulations Committee — ( Assembly ): Ms Barker, Ms Campbell, Mr Gidley, Mr Nardella,

Dr Sykes and Mr Watt. ( Council ): Mr Dalla-Riva.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey

Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe

Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT — FIRST SESSION

Speaker: The Hon. K. M. SMITH

Deputy Speaker: Mrs C. A. FYFFE

Acting Speakers: Mr Angus, Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Gidley, Mr Languiller, Mr McCurdy, Mr McIntosh,

Ms McLeish, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Ms Ryall, Dr Sykes, Mr Thompson and Mr Weller.

Leader of the Parliamentary Liberal Party and Premier:

The Hon. D. V. NAPTHINE (from 6 March 2013)

The Hon. E. N. BAILLIEU (to 6 March 2013)

Deputy Leader of the Parliamentary Liberal Party:

The Hon. LOUISE ASHER

Leader of The Nationals and Deputy Premier:

The Hon. P. J. RYAN

Deputy Leader of The Nationals:

The Hon. P. L. WALSH

Member

Allan, Ms Jacinta Marie

Andrews, Mr Daniel Michael

Angus, Mr Neil Andrew Warwick

Asher, Ms Louise

Baillieu, Mr Edward Norman

Barker, Ms Ann Patricia

Battin, Mr Bradley William

Bauer, Mrs Donna Jane

Beattie, Ms Elizabeth Jean

Blackwood, Mr Gary John

Brooks, Mr Colin William

Brumby, Mr John Mansfield

1

Bull, Mr Timothy Owen

Burgess, Mr Neale Ronald

Campbell, Ms Christine Mary

Carbines, Mr Anthony Richard

Carroll, Mr Benjamin Alan

2

Clark, Mr Robert William

Crisp, Mr Peter Laurence

D’Ambrosio, Ms Liliana

Delahunty, Mr Hugh Francis

Dixon, Mr Martin Francis

Donnellan, Mr Luke Anthony

Duncan, Ms Joanne Therese

Edwards, Ms Janice Maree

Eren, Mr John Hamdi

Foley, Mr Martin Peter

Fyffe, Mrs Christine Ann

Garrett, Ms Jane Furneaux

Gidley, Mr Michael Xavier Charles

Graley, Ms Judith Ann

Green, Ms Danielle Louise

Halfpenny, Ms Bronwyn

Helper, Mr Jochen

Hennessy, Ms Jill

Herbert, Mr Steven Ralph

Hodgett, Mr David John

Holding, Mr Timothy James

3

Howard, Mr Geoffrey Kemp

Hulls, Mr Rob Justin

4

Hutchins, Ms Natalie Maree Sykes

Kairouz, Ms Marlene

Kanis, Ms Jennifer

5

Katos, Mr Andrew

Knight, Ms Sharon Patricia

Kotsiras, Mr Nicholas

1

Resigned 21 December 2010

2

Elected 24 March 2012

3

Resigned 18 February 2013

4

Resigned 27 January 2012

5

Elected 21 July 2012

Leader of the Parliamentary Labor Party and Leader of the Opposition:

The Hon. D. M. ANDREWS

Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition:

The Hon. J. A. MERLINO

District Party Member District

Ripon

Altona

Eltham

Kilsyth

Lyndhurst

Ballarat East

Niddrie

Keilor

Kororoit

Melbourne

South Barwon

Ballarat West

Bulleen

Bendigo East

Mulgrave

Forest Hill

Brighton

Hawthorn

Oakleigh

Gembrook

Carrum

Yuroke

Narracan

Bundoora

Broadmeadows

Gippsland East

Hastings

Pascoe Vale

Ivanhoe

Niddrie

Box Hill

Mildura

Mill Park

Lowan

ALP

LP

Nats

ALP

Nats

Nepean LP

Narre Warren North ALP

Macedon

Bendigo West

ALP

ALP

Lara

Albert Park

Evelyn

ALP

ALP

LP

Brunswick

Mount Waverley

ALP

LP

Narre Warren South ALP

Yan Yean ALP

Thomastown ALP

ALP

ALP

LP

LP

LP

ALP

LP

LP

ALP

LP

ALP

ALP

Nats

LP

ALP

ALP

ALP

ALP

ALP

LP

ALP

ALP

ALP

ALP

ALP

ALP

LP

ALP

LP

Languiller, Mr Telmo Ramon

Lim, Mr Muy Hong

McCurdy, Mr Timothy Logan

McGuire, Mr Frank

6

McIntosh, Mr Andrew John

McLeish, Ms Lucinda Gaye

Madden, Mr Justin Mark

Merlino, Mr James Anthony

Miller, Ms Elizabeth Eileen

Derrimut

Clayton

Murray Valley

Broadmeadows

Kew

Seymour

Essendon

Monbulk

Bentleigh

Morris, Mr David Charles

Mulder, Mr Terence Wynn

Napthine, Dr Denis Vincent

Nardella, Mr Donato Antonio

Mornington

Polwarth

South-West Coast

Melton

Neville, Ms Lisa Mary Bellarine

Newton-Brown, Mr Clement Arundel Prahran

Noonan, Mr Wade Mathew Williamstown

Northe, Mr Russell John

O’Brien, Mr Michael Anthony

Pakula, Mr Martin Philip

7

Pallas, Mr Timothy Hugh

Pandazopoulos, Mr John

Morwell

Malvern

Lyndhurst

Tarneit

Dandenong

Perera, Mr Jude

Pike, Ms Bronwyn Jane

8

Cranbourne

Melbourne

Powell, Mrs Elizabeth Jeanette Shepparton

Richardson, Ms Fiona Catherine Alison Northcote

Ryall, Ms Deanne Sharon

Ryan, Mr Peter Julian

Scott, Mr Robin David

Shaw, Mr Geoffrey Page

9

Smith, Mr Kenneth Maurice

Smith, Mr Ryan

Southwick, Mr David James

Sykes, Dr William Everett

Mitcham

Gippsland South

Preston

Frankston

Bass

Warrandyte

Caulfield

Benalla

Thompson, Mr Murray Hamilton Ross Sandringham

Thomson, Ms Marsha Rose Footscray

Tilley, Mr William John

Trezise, Mr Ian Douglas

Benambra

Geelong

Victoria, Ms Heidi

Wakeling, Mr Nicholas

Walsh, Mr Peter Lindsay

Bayswater

Ferntree Gully

Swan Hill

Watt, Mr Graham Travis

Weller, Mr Paul

Burwood

Rodney

Wells, Mr Kimberley Arthur Scoresby

Wooldridge, Ms Mary Louise Newling Doncaster

Wreford, Ms Lorraine Joan Mordialloc

Wynne, Mr Richard William

6

Elected 19 February 2011

7

Elected 27 April 2013

8

Resigned 7 May 2012

9

LP until 6 March 2013

Richmond

Party

LP

Nats

LP

LP

LP

ALP

LP

ALP

LP

ALP

LP

LP

Nats

LP

Nats

ALP

Ind

LP

LP

LP

Nats

Nats

LP

ALP

ALP

ALP

ALP

ALP

Nats

ALP

LP

LP

LP

ALP

ALP

LP

ALP

ALP

ALP

Nats

ALP

LP

LP

ALP

ALP

LP

CONTENTS

TUESDAY, 15 OCTOBER 2013

ABSENCE OF MINISTERS .............................................. 3285

QUESTIONS WITHOUT NOTICE

Frankston Hospital funding ................. 3285, 3287, 3289,

3292, 3293

East Werribee employment precinct ......................... 3286

Desalination plant ...................................................... 3288

Budget 2012–13 .......................................................... 3289

Frankston ambulance services .................................. 3290

Western suburbs education facilities ......................... 3291

Western suburbs public transport ................... 3293, 3294

SUSPENSION OF MEMBERS

Member for Albert Park ............................................. 3288

Member for Kororoit .................................................. 3292

Member for Bendigo East .......................................... 3293

Member for Tarneit .................................................... 3294

ENERGY LEGISLATION AMENDMENT (GENERAL)

BILL 2013

Introduction and first reading .................................... 3294

COURTS AND OTHER JUSTICE LEGISLATION

AMENDMENT BILL 2013


STATE TAXATION AND FINANCIAL LEGISLATION

AMENDMENT BILL 2013


TRANSPORT ACCIDENT AMENDMENT BILL 2013


TRANSPORT ACCIDENT FURTHER AMENDMENT

BILL 2013


DRUGS, POISONS AND CONTROLLED

SUBSTANCES AMENDMENT BILL 2013


VICTORIA POLICE BILL 2013


EMERGENCY MANAGEMENT BILL 2013


ROAD LEGISLATION AMENDMENT BILL 2013


BUSINESS OF THE HOUSE

Notices of motion ........................................................ 3296

Program ...................................................................... 3300

PETITIONS

Epping Road duplication ........................................... 3296

Northern suburbs bus services .................................. 3296

Doreen road safety ..................................................... 3296

Donnybrook railway station ...................................... 3297

Supported accommodation fees ................................. 3297

SCRUTINY OF ACTS AND REGULATIONS

COMMITTEE

Alert Digest No. 13 ..................................................... 3297

Statute Law Revision Bill 2013 .................................. 3297

DOCUMENTS .................................................................. 3298

ROYAL ASSENT ............................................................. 3299

APPROPRIATION MESSAGES ....................................... 3300

MEMBERS STATEMENTS

Workplace bullying .................................................... 3304

Science and innovation awards ................................. 3305

Angel Calderon ........................................................... 3305

Police stations ............................................................. 3305

Thomastown electorate constituent ........................... 3306

Breast Cancer Awareness Month .............................. 3306

Shooting and hunting events ...................................... 3306

Brooklyn industrial precinct pollution ...................... 3306

Century Club afternoon tea ....................................... 3307

Federal government ministry .................................... 3307

Walsh Street shootings anniversary .......................... 3307

Sporting club volunteers ............................................ 3308

Cranbourne electorate roads .................................... 3308

Mildura speedway ...................................................... 3308

Cardross spring show ................................................ 3308

Regional leaders forum .............................................. 3308

City of Hume Sunbury plebiscite ............................... 3308

Shindig at Mordialloc Life Saving Club ................... 3309

Parkdale Family and Children’s Centre .................. 3309

Rotary Club of Mordialloc ......................................... 3309

Woodlands Golf Club ................................................. 3309

Plan Melbourne .......................................................... 3309

South Barwon electorate community facilities ......... 3309

Police and emergency services Waurn Ponds facility ..................................................................... 3309

Pat Smith ..................................................................... 3310 headspace Sunshine ................................................... 3310

East Gippsland Business Awards .............................. 3310

Darcie and Damon Morton ....................................... 3310

Keith Henderson ......................................................... 3310

Toorloo Arm Country Fire Authority brigade .......... 3310

The Age Music Victoria Awards ................................ 3310

Anthony Traill and Rhiannon Murrie ....................... 3311

Blessing of the animals .............................................. 3311

Prahran Greek Orthodox community ....................... 3311 worldOutgames .......................................................... 3311

Stonnington Primary School ...................................... 3311

Dianella Community Health ...................................... 3311

PROFESSIONAL BOXING AND COMBAT SPORTS

AMENDMENT BILL 2013

Second reading ................................................. 3311, 3318

RULINGS BY THE CHAIR

Parliament House incident ........................................ 3318

CORRECTIONS AMENDMENT (PAROLE REFORM)

BILL 2013

Second reading ........................................................... 3332

ADJOURNMENT

Carrum Downs Secondary College .......................... 3348

Midsumma Festival .................................................... 3348

Education conveyance allowance ............................. 3349

Support Small Business Day ...................................... 3349

East–west link ............................................................. 3350

Carwarp thermal power station ................................ 3351

Springvale needle exchange program ....................... 3351

Burwood electorate youth forum ............................... 3352

Lara electorate railway noise pollution .................... 3352

Mount Waverley electorate public safety .................. 3353

Responses .................................................................... 3353

CONTENTS

WEDNESDAY, 16 OCTOBER 2013

CRIMES AMENDMENT (INVESTIGATION POWERS)

BILL 2013




Standing orders ...................................... 3391, 3393, 3403

PETITIONS

The Geelong Project ................................................... 3357

Barwon Health residential aged-care facilities ........ 3357

East–west link ............................................................. 3357

PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

Budget estimates 2013–14 (part 2) ............................ 3358

DOCUMENTS .................................................................. 3358

MEMBERS STATEMENTS

Benambra electorate government initiatives ............ 3358

West Gate Freeway ..................................................... 3358

Mooroopna police station .......................................... 3359

Goulburn Valley Industry and Employment Task

Force ....................................................................... 3359

Victoria Police bands ................................................. 3359

Seymour electorate government achievements ......... 3359

Amanda Press ............................................................. 3360

South Barwon electorate government achievements ........................................................... 3360

Breast Cancer Awareness Month .............................. 3360

Mordialloc electorate government achievements ..... 3361

Compeer program ...................................................... 3361

Carrum electorate government achievements .......... 3362

Greek Orthodox community concert ......................... 3362

Mount Waverley electorate government achievements ........................................................... 3362

Construction, Forestry, Mining and Energy

Union training centre ............................................. 3363

Forest Hill electorate government achievements ..... 3363

Forest Hill Football Club ........................................... 3363

Fountain Gate Secondary College ............................ 3363

Roadworthiness certificates ....................................... 3364

Burwood electorate government achievements ........ 3364

Ashburton police station ............................................. 3364

Australian Masters Games ......................................... 3364

Australian Junior Motocross Championship ............ 3365

WorkCo Limited awards ............................................ 3365

Rotary Club of Hamilton art show ............................ 3365

Hamilton Outdoor Adventure Fair ............................ 3365

Agricultural shows ...................................................... 3365

Ivanhoe structure plan ................................................ 3365

GRIEVANCES

Government performance ..................... 3365, 3371, 3381

Former government performance ........ 3368, 3373, 3378

Government accountability ........................................ 3376

Former government water infrastructure projects .................................................................... 3384

Traffic congestion ....................................................... 3385

Bushfire preparedness ................................................ 3385

STATEMENTS ON REPORTS

Law Reform Committee: access to and interaction with the justice system by people with an intellectual disability and their families and carers ................................................. 3386

Outer Suburban/Interface Services and

Development Committee: growing the suburbs .................................................................... 3387

Rural and Regional Committee: impact of food safety regulation on farm and other businesses ................................................................ 3387

Outer Suburban/Interface Services and

Development Committee: livability options in outer suburban Melbourne .................................... 3388

Public Accounts and Estimates Committee: budget estimates 2013–14 (part 2) ........................ 3389

Scrutiny of Acts and Regulations Committee: review of Charter of Human Rights and

Responsibilities Act 2006 ....................................... 3390

DISTINGUISHED VISITORS ........................................... 3393


Member for Frankston .......................... 3393, 3395, 3398

Food and fibre producers .......................................... 3395

Trade missions ............................................................ 3397

Tourism initiatives ...................................................... 3398

Bentleigh ambulance services .................................... 3399

Waste management ..................................................... 3400

Monash Medical Centre elective surgery ................. 3401

Law and order initiatives ........................................... 3402

SUSPENSION OF MEMBER

Member for Forest Hill .............................................. 3398

COURTS LEGISLATION AMENDMENT (JUDICIAL

OFFICERS) BILL 2013

Resubmission of question ........................................... 3405

COURTS AND OTHER JUSTICE LEGISLATION

AMENDMENT BILL 2013

Statement of compatibility .......................................... 3405

Second reading ........................................................... 3406

STATE TAXATION AND FINANCIAL LEGISLATION

AMENDMENT BILL 2013


Second reading ........................................................... 3410

TRANSPORT ACCIDENT AMENDMENT BILL 2013


Second reading ........................................................... 3413

TRANSPORT ACCIDENT FURTHER AMENDMENT

BILL 2013


Second reading ........................................................... 3416

DRUGS, POISONS AND CONTROLLED

SUBSTANCES AMENDMENT BILL 2013


Second reading ........................................................... 3418

VICTORIA POLICE BILL 2013


Second reading ........................................................... 3427

EMERGENCY MANAGEMENT BILL 2013


Second reading ........................................................... 3431

ROAD LEGISLATION AMENDMENT BILL 2013


CONTENTS

Second reading ........................................................... 3433

ENERGY LEGISLATION AMENDMENT (GENERAL)

BILL 2013


Second reading ........................................................... 3435

FISHERIES AMENDMENT BILL 2013

Second reading ........................................................... 3436

TOBACCO AMENDMENT BILL 2013

Second reading ........................................................... 3452

ADJOURNMENT

Department of Human Services parliamentary contact officers ....................................................... 3470

Patterson River dredging ........................................... 3470

Baringo Valley land clearance .................................. 3471

Gippsland electorate graffiti ...................................... 3471

Fire services property levy ......................................... 3472

Barwon Health residential aged-care facilities ........ 3472

Bendigo aged-care privatisation ............................... 3473

Sporting uniform grants program ............................. 3474

Industrial relations litigation ..................................... 3474

Outlaw motorcycle gangs .......................................... 3475

Responses .................................................................... 3475

THURSDAY, 17 OCTOBER 2013



Adjournment ............................................................... 3480

PETITIONS

Wangaratta greyhound racing .................................. 3479

Animal cruelty ............................................................. 3479

Cat and dog microchipping ....................................... 3479

DOCUMENTS .................................................................. 3479

MEMBERS STATEMENTS

Bendigo Hospital ........................................................ 3480

Budget 2012–13 .......................................................... 3480

Ambulance services .................................................... 3481

Zip It ............................................................................ 3481

King David School ...................................................... 3481

Glen Eira Stonnington District Scouts ...................... 3481

Dr Mark Hobart ......................................................... 3481

Cohuna Aerodrome .................................................... 3482

Violet Purser ............................................................... 3482

Mount Evelyn Special Developmental School .......... 3483

Wandin Silvan Field Days ......................................... 3483

Yarra Valley emergency services funding ................ 3483

Volunteers ................................................................... 3483

Geelong Football Club ............................................... 3483

Melbourne Victory ...................................................... 3483

Sport Australia Hall of Fame awards ....................... 3483

Mitcham electorate Victoria Awards ........................ 3483

Electoral boundaries redivision ................................ 3484

Derinya Primary School ............................................ 3484

Frankston Radio Cabs ............................................... 3484

National Police Remembrance Day .......................... 3484

Australian Tidy Towns Awards ................................. 3484

Racquel Watt ............................................................... 3484

Numurkah Seniors Community Hub ......................... 3485

Yarrawonga Mulwala Multisport Festival ............... 3485

Wilby Country Fire Authority brigade ...................... 3485

Broadmeadows central activities district ................. 3485

Hawthorn-Monash University Cricket Club ............ 3485

Reverend Dianne Sharrock ........................................ 3485

Mount Waverley Cricket Club ................................... 3485

Waverley Historical Society ...................................... 3486

National Breast Cancer Foundation ......................... 3486

East–west link ............................................................. 3486

Yvonne Kernan ........................................................... 3486

Ashburton police station ............................................ 3486

Member for Monbulk ................................................. 3486

Chinese Museum exhibition ....................................... 3487

Latrobe Regional Hospital ........................................ 3487

State Emergency Service east region awards ........... 3487

GisBus ......................................................................... 3487

Drug initiatives ........................................................... 3488

CRIMES AMENDMENT (INVESTIGATION POWERS)

BILL 2013

Statement of compatibility ......................................... 3488

Second reading ........................................................... 3489

WORKPLACE INJURY REHABILITATION AND

COMPENSATION BILL 2013

Second reading ................................................. 3491, 3524

Consideration in detail ............................................... 3524

Third reading .............................................................. 3531


Monash Medical Centre elective surgery ....... 3515, 3517

Government economic management ............... 3516, 3523

Regional and rural employment ................................ 3518

Monash Medical Centre beds .......................... 3519, 3520

Law and order initiatives ........................................... 3521

Teacher remuneration ................................................ 3521

Transport infrastructure ............................................ 3522

TAFE funding ............................................................. 3523

SUSPENSION OF MEMBER

Member for Footscray ............................................... 3520

FISHERIES AMENDMENT BILL 2013

Second reading ........................................................... 3531

Third reading .............................................................. 3532

TOBACCO AMENDMENT BILL 2013

Second reading ........................................................... 3533

Third reading .............................................................. 3533

PROFESSIONAL BOXING AND COMBAT SPORTS

AMENDMENT BILL 2013

Second reading ........................................................... 3533

Third reading .............................................................. 3533

CORRECTIONS AMENDMENT (PAROLE REFORM)

BILL 2013

Second reading ........................................................... 3533

Circulated amendments ............................................. 3533

Third reading .............................................................. 3533

ADJOURNMENT

Kalparrin early childhood intervention program .... 3533

Sporting uniform grants program ............................. 3534

Ocean Grove fire services .......................................... 3534

Mount Evelyn myki retail agent ................................. 3535

Office of Housing member inquiries ......................... 3535

Toolangi horticultural sector ..................................... 3536

CONTENTS

Geelong truck routes .................................................. 3537

Mordialloc electorate sporting facilities ................... 3537

Heatherton materials recycling facility ..................... 3538

Energy initiatives ........................................................ 3538

Responses .................................................................... 3538

QUESTIONS ON NOTICE

TUESDAY, 15 OCTOBER 2013

268. Health: Ballarat ambulance services ......... 3541

3774. Health: Ambulance Victoria staff ............... 3542

4076. Consumer affairs: Pathways to Exit program ................................................... 3542





4095. Health: Ballarat Health Services purchasing ............................................... 3549

4231. Attorney-General: Independent

Broad-based Anti-corruption

Commission staff ..................................... 3549

4337. Health: Sunshine Hospital waiting list ....... 3549

4407. Health: Western Hospital waiting list ........ 3550

MEMBERS INDEX ............................................................. i

QUESTIONS WITHOUT NOTICE

Tuesday, 15 October 2013

The

The

Tuesday,

SPEAKER (Hon.

15 October

Ken Smith)

2.04

p.m.

and read the prayer.

2013

house that the Minister for Multicultural Affairs and

Citizenship, who is also the Minister for Energy and

Resources, will be absent from question time today.

Questions for the Minister for Multicultural Affairs and

Citizenship should be addressed to the

Attorney-General, and questions for the portfolio of energy and resources should be addressed to the

Treasurer.

Mr the chair

— Order! I wish to advise the understand that half an hour ago a member of this

ASSEMBLY at

Parliament — allegedly the member for Frankston — assaulted a member of the public on the front steps of the Parliament building. I ask that you investigate this serious incident as a matter of urgency and report back to this chamber, and I ask that any CCTV footage is immediately released to Victoria Police.

The

ABSENCE

SPEAKER

Merlino — On a point of order, Speaker, I

SPEAKER

Merlino

OF took

MINISTERS

— Further to the point of order, back to the house?

The SPEAKER

— Order! I have been made aware of the incident. I have asked for the CCTV footage and for some members who were present to speak to me.

Mr

Speaker, can I ask for the time line for your reporting

— Order! I will be doing it as quickly as I can. It is as simple as that.

QUESTIONS WITHOUT NOTICE of people on the elective surgery waiting list at government. I can tell the house that the number of

3285 him of the improvements we have made to health services in Frankston since we came to government.

When we came to government the budget for the

Frankston Hospital, or Peninsula Health, was

$315 million. The current budget for the Frankston

Hospital is $372.4 million, which is an increase of

$56.9 million. That is an 18 per cent increase in funding for the Frankston Hospital since we took over government and since we took over the health system from the former Minister for Health, the current Leader of the Opposition.

We know, and I can advise the house, that the number

Peninsula Health is lower today than when we came to people receiving elective surgery is actually higher now than when we came to government. I can tell the house that since we came to government the number of patients treated at Frankston’s emergency department has increased by 5500 people. There is more funding, more patients are being treated and more patients are being treated at the emergency department.

I can also tell the house that since we came to government there are now 48 more doctors and

53 more nurses at the Frankston Hospital. I explain to house that in the 11 years Labor members were in government — 11 years of neglect where they could not use their GPS or their Melway to find their way to

Frankston — —

Mr Pallas — On a point of order, Speaker, question time is not a time for the Premier to talk about the record of the previous government but to answer the question that has been directed to him. Might I say that he should show a shred of human compassion about the real victim involved in this.

Frankston Hospital funding

The SPEAKER — Order! The question related to

Frankston Hospital, a hospital crisis and an ambulance, and the answer was relevant to the question that was asked.

Mr MERLINO (Monbulk) — My question is to the

Premier. At today’s people’s forum in Frankston, hosted by the Leader of the Opposition, Rosemary

Chesney told us the story of her husband, Ian, who was a tragic victim of the crisis in Victoria’s hospital system. Ian suffered a heart attack after waiting in an ambulance at Frankston Hospital for 2 hours. Because the Frankston cardiac lab was shut, Ian had to be transferred by ambulance to the Monash Medical

Centre in Clayton, but he died en route. In light of

Rosemary’s story, will the Premier now concede that far from services at Frankston Hospital improving, the situation is in fact worse than it has ever been?

Dr NAPTHINE (Premier) — I thank the Deputy

Leader of the Opposition for his question. I can advise

Dr NAPTHINE — What I can tell the people of

Frankston is that over 11 years under Labor the total amount of money spent on capital works at Frankston

Hospital was $71 million. I can tell the people of

Frankston — —

Ms Allan — On a point of order, Speaker, under standing order 58 and changes to sessional orders answers to questions must be relevant. The question did not relate to the previous government’s administration; it related to a tragic circumstance where a man passed away as a result of the crisis in the hospital system. We


3286 ask you to bring the Premier back to answering that question rather than debating the issue.

ASSEMBLY Tuesday, 15 October 2013 coalition government’s initiative to grow jobs and opportunities?

The of this house previously that any preamble — in this case it included hospitals and ambulances — becomes part of the question. I do not uphold the point of order.

Dr of Frankston, through you, Speaker, was that during

11 years of Labor the former government spent

$71 million on capital works at Frankston Hospital. We have been in government for two and a half years and we have spent $92 million on capital works at

Frankston. We are investing in 92 extra beds. We are investing $40 million in a whole new emergency department. I was very proudly down in Frankston turning the first sod — —

Mr

Mr

SPEAKER

NAPTHINE

Merlino

Premier is not being relevant to the question. The question related to Rosemary Chesney and her husband, who passed away. Rosemary stood up in

Frankston today — —

The SPEAKER — Order! A point of order is not an opportunity to repeat the question. It is not a point of order, and I do not uphold it.

Dr NAPTHINE — What I can say to the people of

Frankston, through you, Speaker, is that after 11 years of neglect under the Labor government, we as a government are investing over $90 million in upgrading that hospital, including a new emergency department.

We are delivering 18 per cent more in recurrent funding. We are reducing the waiting lists. We are treating more patients. We are putting more patients through the emergency department. We have got more doctors, and we have got more nurses. We are taking these issues seriously because we listen and we care about the people of Frankston.

We care about delivering improved health services. We put our money where our mouth is. We do not treat the people of Frankston with contempt; we actually go and visit Frankston. We listen to the people of Frankston.

We put more money into recurrent funding. We put more money into capital works. We are delivering an improved health service after 11 years of neglect under

Labor.

East

KATOS

— Order! I have said to members

— What I was saying to the people

— On a point of order, Speaker, the

Werribee employment precinct

(South Barwon) — My question is to the Premier. Can the Premier advise the house how families in Melbourne’s west will benefit from the

Ms Allan interjected.

The SPEAKER — Order! The member for

Bendigo East!

Dr NAPTHINE (Premier) — I thank the honourable member for South Barwon for his question.

There is no doubt that the city of Wyndham is one of the fastest growing areas in Australia. Indeed 11 babies a day are being born in the city of Wyndham and

10 families a day are moving into the that city, and it is expected that its population will exceed 250 000 by

2025. One of the key challenges for a government and the community is to provide the jobs and economic opportunities in Wyndham to meet the needs of this rapidly growing community. That is why last week the whole coalition cabinet was there in Werribee, in

Wyndham, meeting with the local council and talking to local community leaders.

During that visit with the Minister for Planning, I was pleased to release the structure plan for the very exciting and innovative East Werribee employment precinct. This precinct, on the site of the former State

Research Farm, is a unique site which presents an opportunity for development and the creation of new job opportunities in the Wyndham council area and other parts of Melbourne’s west. The structure plan provides for 58 000 new jobs to be created in that employment precinct, 7000 new homes, 20 000 local residents and 170 hectares of waterways and open space.

As you will understand, Speaker, when you create

58 000 new jobs and bring 20 000 new residents to an area, you have a net import of jobs from other parts of the city of Wyndham, so people in Tarneit, Truganina,

Wyndham Vale and Manor Lakes will have the opportunity to get jobs in the west — in the East

Werribee employment precinct — as will people right across the growing western suburbs of Melbourne. This is a great and unique opportunity for employment growth in this area.

What is different about this project is that it is being run by a coalition government. We are investing up-front in

$70 million of key infrastructure, including $40 million for a full diamond interchange at the Sneydes Road and

Princes Highway intersection. The upgrade of the

Hoppers Lane intersection as well as the upgrade of the western end of the Sneydes Road intersection were neglected by a Labor government for 11 years. We are


Tuesday, 15 October 2013 ASSEMBLY turning Sneydes Road into one of the great boulevards of Melbourne and Victoria. for Health, now the Leader of the Opposition, who failed to invest in Frankston as he should.

3287

This employment precinct will be a great place to live and a great place to work, and these jobs will integrate with the 2000 jobs already in this region — at Werribee

Mercy Hospital, the expansion of which this government announced in the last budget; at the expanding Wyndham Private Medical Centre; and at the proposed St Vincent’s private hospital, which will also have major investment. The Melbourne University veterinary school, which I know well, is also expanding and creating job opportunities, as is the University of

Notre Dame Australia clinical school. There is already a nucleus of high-value jobs in that region, and the East

Werribee employment precinct will build on that.

We are creating jobs where people live — in the growth areas of Melbourne’s west. That is what the community is on about and that is why Cr Heather Marcus, the mayor of the City of Wyndham, told us both at the community cabinet and publicly that this coalition government has invested more and done more for the city of Wyndham and for Werribee than any other government in the last 10 years.

Ms ALLAN (Bendigo East) — My question is to the Premier. Again at today’s peoples forum, hosted by the Leader of the Opposition, Rosemary — —

An honourable member interjected.

Ms husband, so we will just get through the question first, shall we? At today’s people’s forum, hosted by the

Leader of the Opposition, Rosemary Chesney told how her husband was unable to get the care he needed at his local hospital because the Frankston cardiac lab is closed on weekends. In light of this tragedy, will the

Premier now stop his boasting and ensure that

Frankston Hospital has sufficient funds to open this vital service on weekends so that no other patients are put at risk as Rosemary’s husband was?

Dr

Frankston

ALLAN — This is about Rosemary Chesney’s

NAPTHINE

Hospital funding

(Premier) — I thank the honourable member for her question. Frankston

Hospital is an important hospital delivering vital services to the people of Frankston and that subregion.

When we came to government we inherited a situation at Frankston where the hospital was underfunded, underresourced and did not have the capital infrastructure that was needed after 11 years of neglect under the Labor government and the former Minister

Ms see how under standing order 58 the very direct question about the circumstances at the Frankston

Hospital around the closure of the cardiac lab on weekends and about whether the Premier will provide the funding to open it now has anything to do with the previous 11 years of Labor administration. There was no mention of the previous 11 years in the preamble to my question, and I ask that you bring the Premier back to answering a with a very direct yes or no, without attacking the former government, which does not help the Chesney family.

The SPEAKER — Order! I do not uphold the point of order.

Dr

Allan — On a point of order, Speaker, I fail to

NAPTHINE — I am outlining the context of the situation we inherited when we came to government.

We are trying to fix the problems we inherited because of the neglect of the previous government, particularly the neglect of the people of the Frankston area with regard to health services. That is why what we have done since we came to government is to massively increase funding for Peninsula Health. Under Labor,

Peninsula Health received $315 million in the 2010–11 budget. Under our 2013–14 budget it received

$372.4 million, an extra $56.9 million and an 18.1 per cent increase in funding.

We give that money to the hospital management and staff, and they are entrusted to use it in the best interests of treating patients in that area. What the professionals at that health service have done is employ 48 more doctors and 53 more nurses. They are treating more patients in the emergency department. They are doing additional surgeries and reducing the waiting lists, and we are assisting them by investing in key capital works that will make a real difference in Frankston.

After years of neglect we are investing $92.2 million in capital works at the Frankston Hospital. Included in that is $40 million for a new emergency department so that we have a better and more efficient emergency department to treat those patients and to match patient growth and population growth in the area. We are investing nearly $36 million to create additional beds. I am advised that there will be an extra 92 beds at the

Frankston Hospital when the program of investments in

Frankston is put in place. After 11 years of neglect under Labor, 11 years of being treated with contempt by Labor, 11 years — —


3288

Ms Allan — On a point of order, Speaker, under standing order 58(1)(a) answers questions must be factual. It is an absolute disgrace that the Premier is attacking the opposition when someone has died.

The point of order?

Ms

SPEAKER

Allan — We asked a very simple question about whether the Premier will provide funding to ensure this cardiac lab is opened. We seek an answer to that question without the disgraceful attack.

ASSEMBLY

— Order! What is the member’s

Tuesday, 15 October 2013 news for Melbourne water customers. As all members of the house would know, the previous government built the Wonthaggi desalination plant. At the time the debate was not around whether there should be a desalination plant but about its size, expense and proximity to Melbourne. We all know that the previous government put in place the biggest plant in the

Southern Hemisphere — too big, too expensive and too far away from Melbourne, being 80 kilometres from the

Cardinia Reservoir.

The of order.

Dr

SPEAKER

NAPTHINE

— Order! I do not uphold the point

— In summary, we are advising the people of Frankston that this government bares genuinely about additional health services. That is why we have put in 18 per cent more funding, that is why we are treating more patients, that is why we have put on more doctors and nurses and that is why we have invested in major capital works. I also advise that the hours of operation of the cardiac catheter lab are the same now as they were under the previous government.

This morning the government was able to announce that after very long, protracted and robust negotiations with AquaSure, the $1.3 billion in claims against the state for that project have been resolved. With the state’s consent, AquaSure has refinanced $3.7 billion of its debt. As we all know, the project was financed at the height of the global financial crisis. There has been the opportunity to create value by negotiations between the state and AquaSure — or Thiess, Degrémont and Suez

Environnement, the builders — to create value out of that refinancing in the best interests of both AquaSure and Melbourne water customers.

Honourable members interjecting.

Questions

The interrupted.

SUSPENSION

Member

SPEAKER for

OF MEMBER

Albert Park

— Order! Under standing order 124, I ask the honourable member for Albert Park to vacate the chamber for an hour.

Honourable from member chamber. for Albert Park withdrew

The $1.3 billion of claims against the state was around claims for what were called cyclonic weather events at

Wonthaggi as the plant was being built. It was around claims for industrial relations issues at the plant while it was being built. It was around claims for water revenue during the commissioning phase. As many members of the house would know, because there was a zero water order there was no requirement on the state to pay for the water that was produced in the commissioning of the plant. All those claims have now been resolved. It is a great weight lifted off both the state and Melbourne water customers that that $1.3 billion is off the table. It has also avoided a long and protracted legal battle involving tens of millions of dollars in legal fees from both sides of the debate. That is a really good outcome.


Questions resumed.

Desalination plant

Mr GIDLEY (Mount Waverley) — My question is to the Minister for Water. Can the minister inform the house of how Melbourne water customers will benefit from today’s announcement of a resolution to the desalination plant claims against the state?

With the refinancing of the debt, with the hedges that will be put in place over the next two or three months, the fixed charges for the desalination plant each year will be lower and there will be an opportunity for savings for Melbourne water customers out of that.

Once the hedges are in place, once we have quantified the actual savings, we will make an announcement about what the savings are and what benefits

Melbourne water customers can expect to get out of that.

Mr WALSH (Minister for Water) — I thank the member for Mount Waverley for his question and for the interest he has taken in this issue on behalf of

Melbourne water customers in his electorate. This morning I had the opportunity to announce some great

When we were elected we said we would work very hard in the best interests of Melbourne water customers when it came to this project. In February 2011 the then

Premier, the member for Hawthorn, and I announced what was actually in the contract. Members of the


Tuesday, 15 October 2013 ASSEMBLY previous government have alluded to the contract being about $400 million per year. As we were able to announce at that time, the fixed charges were over

$650 million per year. We put the facts out there for

Melbourne water customers and in particular for

Melbourne Water, which had not been told about these issues.

3289 we have been in government is 14.6 per cent. But it is interesting to note that in some areas we need to increase health funding by even more than that. One of those areas which was neglected previously is the

Frankston Hospital.

Over the journey we have been able to negotiate a better electricity licensing deal, through which we have saved Melbourne water customers $13 million per year.

We have been able to negotiate a favourable tax ruling on that electricity contract, saving $5.6 million per year.

The zero water order for two years has saved something like $200 million in costs for Melbourne water customers for desalination water.

We have heard a lot about the opposition leader being in Frankston. I would hope that at that public forum he is standing up and apologising to the people of

Frankston and broader Melbourne for the white elephant desalination plant he has left Melbourne water customers with.

Mr

Frankston

PALLAS


(Tarneit) — My question is to the

Premier. After $826 million in health cuts, the government’s figures forecast that at 30 June next year there will be 1856 people waiting in pain for surgery at

Frankston Hospital, an increase of 211 in 12 months. I ask the Premier: given that the situation at Frankston

Hospital is in fact worse than it has ever been, are his boasts about improving services not just a cruel hoax on those patients waiting in pain for surgery?

Dr NAPTHINE (Premier) — I thank the honourable member for his question. The question went to the amount of funding for health across Victoria. I am pleased to tell the honourable member that health funding has increased significantly under this government. In this year’s budget a record $14.3 billion was allocated for health funding, which included an extra $2 billion above what was previously allocated by the last Labor government, when the Leader of the

Opposition was the Minister for Health; so that is a

14 per cent increase in funding for health.

For the Frankston Hospital we have not just increased funding by 14.6 per cent; we have increased it by

18.1 per cent. This is a government that genuinely cares about the people of Frankston, genuinely listens to the people of Frankston and genuinely responds to their needs in terms of improved health services. That is why we have increased the number of doctors at Frankston

Hospital, that is why we have increased the number of nurses at Frankston Hospital and that is why, as at

30 June this year, the number of people on elective surgery waiting lists at Peninsula Health is lower than when we came to government in December 2010.

That is why the number of elective surgeries performed is higher under this government than under the previous government. That is why the number of people who front and get treated at the emergency department is

5468 more patients than when we came to government.

We understand that when you have got a growing community and growing community demand for health services that you also need to invest in key infrastructure. That is why we are spending $40 million on a new emergency department and investing

$36 million in additional beds.

We are getting a new emergency department, 92 extra beds, extra money, extra nurses and extra doctors because we genuinely care. We do not just talk about caring; we deliver. We match our rhetoric with real funding increases in acute funding and real funding increases for capital works, because there is no point saying you care if you do not deliver, and we say we care and we deliver.

Mr BULL

Budget 2012–13

(Gippsland East) — My question is to the Treasurer. Can the Treasurer provide an update on the final outcome of the coalition government’s

2012–13 state budget and the benefits to all Victorian families and businesses?

We increased that funding for health because we care about the people of Victoria, we care about those who need health services, and we care about those who need to go to emergency departments to seek treatment. We put in additional funding for health. We have put in funding above and beyond the rate of inflation. We have boosted health funding by over $2 billion. As I said, the total increase in health funding over the time

Mr O’BRIEN (Treasurer) — I thank the member for Gippsland East for his question and for his great interest in the state of Victoria’s finances. Yesterday the

Premier and I were pleased to table the annual financial report for the state of Victoria for 2012–13. At a time when every government in Australia — national, state and territory, except for Victoria — is either in deficit or forecast to go into deficit over the forward estimates,


3290 this report demonstrates that the Victorian coalition government’s economic management is securing our state’s future.

ASSEMBLY Tuesday, 15 October 2013 that rating years ago. The simple fact remains that

Labor cannot manage money, and the economy is always better off under a coalition government.

Members may recall that the May 2012 budget projected a surplus for the 2012–13 year of

$155 million. This estimate was revised in May this year to $177 million. The annual financial report recorded that in fact the surplus delivered for 2012–13 was $316 million. This healthy surplus was delivered despite tax revenue being $90 million lower than stated in the revised forecast. Importantly the 2012–13 unemployment rate, which was forecast in May this year to be an average of 5.75 per cent, was 5.6 per cent.

We brought in lower unemployment than we forecast and a higher surplus than we forecast.

Frankston ambulance services

Mr NOONAN (Williamstown) — My question is to the Premier. I refer to the fact that average ambulance response times in Frankston have blown out by a whopping 4 minutes and 22 seconds since 2010, which is the second-largest increase in metropolitan

Melbourne. Given that the situation is in fact worse than it has ever been before, are not the Premier’s boasts about improving services and caring for people just a cruel hoax on those patients waiting in pain for an ambulance?

Part of the way we have been able to do this is by restraining backroom bureaucracy and expenses.

Expenses were limited to a growth of 2.1 per cent. This contrasts with Labor, which had an average expenditure growth of 8 per cent over the decade to 2009–10. Under

Labor expenditure growth outstripped revenue growth.

If any of those opposite had ever run a business, they would know you cannot keep having expenditure growth outstripping revenue growth or you wind up in a structural deficit.

Dr NAPTHINE (Premier) — I thank the honourable member for his question and for his interest in important services such as ambulance services. Let me place on the record once again the appreciation of this government — and I believe of all members of this house — of the quality of the professional services provided by our paramedics throughout the length and breadth of this great state of Victoria.

The fact that we have been able to deliver restrained expenditure, a higher surplus than we forecast and a lower unemployment than we forecast is good news for

Victorian families and businesses. We have been able to do this while not only protecting but also enhancing and expanding front-line services. That is why, as the

Premier has indicated, we are spending a record amount on health. We have a record infrastructure budget.

Some of the health projects started in the 2012–13 year include the new Monash Children’s hospital, the upgrade to the Royal Victorian Eye and Ear Hospital and the Geelong Hospital upgrade.

We are backing up the quality professional work of the paramedics by providing resources to Ambulance

Victoria so it can deliver even better services into the future. That is why we provided $662 million for ambulance services in the 2013–14 state budget. There has been a significant increase in funding since we came to government because we care about ambulance services and we want to provide Ambulance Victoria with the resources it needs to deliver the services the people of Victoria need. I can also advise that that

$662 million is a 17.3 per cent increase in funding relative to the last budget under the Labor government.

Even if you take into account the effect of inflation, you see that that is a genuine and real increase in funding for our ambulance services.

We are investing more than any government in health care, more than any government in education and more than any government on roads, public transport and public safety. We can only do this because we are prepared to make the responsible financial decisions that the former government was not prepared to make.

We are the only state in the country that has a

AAA credit rating with a stable outlook by both major ratings agencies.

Mr Merlino interjected.

Mr O’BRIEN — The Deputy Leader of the

Opposition says that is a surprise. If we had stayed on the path those opposite put us on, we would have lost

Because we are able to provide a real increase in funding for our ambulance services, Ambulance

Victoria has been able to put on 465 additional paramedics. Today there are 465 more paramedics than there were under the previous government. These

465 paramedics are dealing with over 800 000 calls per year; there is a significant number of calls coming in from a growing population. That is why we as a government that cares about ambulance services are putting in record levels of funding. That is why

Ambulance Victoria has put on 465 paramedics with the funding we have provided. It is also about opening new ambulance stations and about providing new ambulances and new resources. Indeed we have


Tuesday, 15 October 2013 recently opened a new station at Frankston as part of that process.

Because we understand the cost of living pressures on

Victorians and Victorian families — —

An

Dr NAPTHINE — Cost of living pressures; it is something you might not know anything about. We have provided $242 million to assist each and every

Victorian to afford an ambulance subscription; we have halved the cost of ambulance subscriptions.

Mr honourable

Noonan member — What?

— On a point of order, Speaker, I believe the Premier is debating the question. The question was not about cost of living; it was about the blow-out in response times at Frankston. I would ask you to draw him back to the question.

ASSEMBLY 3291

Since we came to government we have invested

$57 million in new schools and land to meet growth pressures in that area. In this year’s budget we provided

$10 million for stage 1 of a new P–9 school at

Truganina. That $10 million investment is for state-of-the-art facilities for that community and specialist facilities for the school. We have also provided $11.5 million for a brand-new primary school in Wyndham Vale. That is going to be built on a site we purchased in 2011. Construction is about to commence, and we should have students in that school by 2015.

We have also invested $11.5 million in the new Melton

North West Primary School. This is just in this year’s budget. It comes on top of previous capital investments in the west.

The come back to answering the question.

Dr

In conclusion, let me say that we are providing a record level of funding for Ambulance Victoria. We are providing 465 extra paramedics, and we have provided extra ambulance stations and extra ambulances on the road so that Ambulance Victoria has the wherewithal to deliver the ambulance services that are needed in this state.

SPEAKER

NAPTHINE

— Order! I ask the Premier to

— We are making it more affordable for all Victorians to have an ambulance subscription, and I urge them to take that up.

There is $10 million for the Tarneit Central P–9

College and a further $10 million for the construction of a new P–9 school in the Point Cook area, the

Alamanda K–9 College, which is now open. Students and teachers are there this year. In fact the Premier was there last Monday with the Minister for Children and

Early Childhood Development to open a brand new kindergarten and early childhood learning centre. We have worked very closely with the City of Wyndham to provide this facility. It not only provides a one-stop shop for the parents; it also provides a seamless education for our young people, right from the very early years, throughout child minding and into early learning, kindergarten and primary school. That is a great outcome. It is a good example of the state government working with local government in

Wyndham.

Western suburbs education facilities

Ms MILLER (Bentleigh) — My question is to the

Minister for Education. Can the minister inform the house of the coalition government’s progress in providing enhanced education provision for families in

Melbourne’s western suburbs?

Of course it is not only new buildings in which we are investing. We had to rebuild the old Galvin Park

Secondary College by providing $14 million. It was totally neglected; it had literally fallen down around the ears of its students and teachers. The member for

Tarneit just watched it happen. It took this government to spend $14 million to rebuild that school. I was there recently; it looks fantastic and the community is very happy.

Mr DIXON (Minister for Education) — I thank the member for Bentleigh for her question and for her great advocacy for schools in her electorate. This government is committed to providing the best possible educational opportunities for all children in Victoria, no matter where they live. One of the great examples of that is our investment in educational opportunities in the fast-growing suburbs of Melbourne’s west. It was great to be out in the city of Wyndham with the Premier and my ministerial colleagues, talking, listening to and working with the local people to provide the services they expect.

We provided $9.5 million for the Rosamond Special

School to be completely rebuilt. We provided

$16 million to complete the Laverton P–12 College, which is co-located in Jennings Street with the first autism-specific school in the western suburbs. That is a fantastic project — —


Mr DIXON — No, you did not do that; we did that.

We provided it. Out in the west Werribee Secondary

College is the first government secondary college to


3292 provide the International Baccalaureate diploma in

Victoria. It is fantastic for the people of Werribee. We are making a difference to the education of young people in Victoria. It does not matter where they are.

There is no better example than the way we look after the educational opportunities for the people of the west.

Mr

Frankston

MERLINO


ASSEMBLY

(Monbulk) — My question is to the

Premier. I refer to the following facts: 1856 people waiting for surgery at Frankston Hospital, 990 people waiting in the emergency department for more than

24 hours, the second-largest increase in ambulance response times, and the story from today’s people’s forum of a patient who died — — Ms Kairouz interjected.


Dr NAPTHINE — The people of Frankston understand that we listen, we care and we deliver. We do not just talk about these issues; we actually deliver genuine funding increases. We have increased the funding for Peninsula Health’s Frankston Hospital by

18.1 per cent. That is 18 per cent more money, which means there are more doctors and more nurses, and more people are being treated at that hospital. More people are being treated in the emergency department.

The people of Frankston understand this, because they can see it before their very eyes when they go to

Frankston and go past Frankston Hospital. When members of the Labor Party get a GPS or a Melway and find Frankston —

Honourable members interjecting. The SPEAKER — Order! The member for

Kororoit!

Mr MERLINO — Are we laughing about this again? Are we laughing about someone who died? Dr NAPTHINE — they will see that there is work being done at the — —


Ms Kairouz interjected.

The SPEAKER — Order! The house will come to order. The member for Kew! Questions interrupted.

Mr MERLINO — And there was the story from today’s people’s forum of a patient who died after he was unable to be treated for a heart attack at Frankston

Hospital. I ask the Premier very simply: how can he continue to boast, as he has done today, about improving services at Frankston Hospital when his own

$826 million in health cuts means that the situation is now worse than it has ever been?

SUSPENSION

Member

OF for

MEMBER

Kororoit


Kororoit can leave the chamber for an hour; she does not know when to stop.

Ms Kairouz — Under which standing order?

Dr NAPTHINE (Premier) — I thank the Deputy

Leader of the Opposition for his question, although I do not accept the premise of the latter part of the question because there have not been any cuts to health. What we have done is increase funding for health — to

$14.3 billion compared to the funding under the previous government. That is $2 billion more than when we came to government, so we are spending more on health — a record level of funding — not less.

With regard to Peninsula Health — —

The SPEAKER — Under standing order 124. The member has been thrown out often enough to know which standing order.

Honourable member for Kororoit withdrew from chamber.


Frankston Hospital funding

Mr Merlino interjected.


Dr NAPTHINE — The Deputy Leader of the

Opposition can interject all he likes, but what the people of Frankston want to understand is that — —


The SPEAKER — Order! That is enough from the

Deputy Leader of the Opposition and the member for

Bendigo East! Their interjections are not appreciated.

Dr NAPTHINE (Premier) — The people of

Frankston can see that this government is genuinely interested in delivering better health services in

Frankston. They can see the works going on to build a new $40 million emergency department to cater for the growth in demand. They can see there is a $36 million program to expand inpatient beds. They know this government is delivering 92 beds above and beyond



The people who really care about Frankston — the people who really listen to the people of Frankston — are on this side of the house.

ASSEMBLY what was delivered under the previous government.

They know there is a new short-stay facility being created at Frankston. They know there are works going on in Frankston to match the increase in recurrent funding. What I would say to the people of Frankston is: judge people by what they do, not what they say.

3293 very strong interest in public transport and the regional rail link project in the western suburbs. The regional rail link project is steaming ahead. It is a $4.8 billion project that is running ahead of time and within budget.

It is a capacity-building project for Victoria’s public transport system. It will deliver 33 additional services, of which 23 will be in Melbourne and 10 in regional

Victoria; a range of new railway stations at Wyndham

Vale, Tarneit and West Footscray; and upgrades to

Footscray and Sunshine stations.


Dr NAPTHINE — The people who genuinely go down there and genuinely listen to the people of

Frankston, not merely as part of some political stunt — —


Questions interrupted.

What a great boost to Victoria’s economy —

$25 million a week is being injected into the Victorian economy as this project steams ahead. There has been a great deal of cooperation between the contractors and workers on site and the Regional Rail Link Authority, which has enabled us to have extended shutdowns so that we could do major pieces of work that will bring this project home a lot sooner than would have been the case under the former government.

The SPEAKER for

OF MEMBER

Bendigo East order, and the member for Bendigo East can leave the chamber for an hour under standing order 124. The member should leave as quickly as possible.

Honourable from

SUSPENSION

Member member chamber.

— Order! The house will come to

QUESTIONS

Frankston for Bendigo

WITHOUT

Hospital

East withdrew

NOTICE funding

The Premier and I were at West Footscray on Sunday for the opening of the West Footscray station. It was in

October 1888 that they first had trains at the station at

West Footscray, and 125 years later the Premier of

Victoria and I opened a new station in the western suburbs. It is a fantastic building that is all about accessibility. We did not want to repeat the problems of the Laverton station, compliments of the former

Minister for Public Transport. We did not want to repeat that failing whereby the lifts would not take ambulance trolleys and would continually break down, stranding people on station platforms. This station now has lifts, ramps and stairs to make sure there is absolute accessibility for all members of the community — and they all work.


Dr NAPTHINE (Premier) — The people who genuinely care about Frankston are on this side of the house, and we are delivering increased recurrent funding, more doctors, more nurses and $90 million worth of redevelopment at Frankston Hospital. That is putting your money where your mouth is, caring about

Frankston and delivering better health services.

Western suburbs public transport

In relation to the western suburbs, there are extra trains and buses. Since 2010 the government has ordered

15 new X’trapolis trains and introduced 1078 extra metropolitan train trips per week across Melbourne.

The Werribee line has received an additional 37 train trips every week day, including 8 new peak trips in the

2011 timetable change. It is a massive upgrade and improvement. The April 2013 timetable change included trains for the new Williams Landing station, stopping every 10 to 12 minutes during peak times — —

Mr McINTOSH (Kew) — My question is to the

Minister for Public Transport. Can the minister update the house on the benefits for commuters of the coalition government’s public transport initiatives in the western suburbs, including the progress of the regional rail link?

Mr Pallas — On a point of order, Speaker, on the question of relevance, the minister should not be using question time to praise the former government for its initiatives.


Mr MULDER (Minister for Public Transport) — I thank the member for Kew for his question and for his

3294

SUSPENSION OF MEMBER

Member for Tarneit


ASSEMBLY Tuesday, 15 October 2013

ENERGY LEGISLATION AMENDMENT

(GENERAL) BILL 2013

The SPEAKER — Order! That is a frivolous point of order. The member for Tarneit can leave the chamber for an hour.

Honourable member for Tarneit withdrew from chamber.

QUESTIONS

Western

WITHOUT suburbs public

NOTICE transport


Mr MULDER (Minister for Public Transport) —

Of course trains stop every 20 minutes during off-peak periods. We have also introduced 3400 extra bus trips per week across Melbourne and more than triple the number of bus trips each week in the Point Cook area.

The number of bus trips has trebled, from 697 to

2120 trips a week in that area. There are five new bus routes to connect with trains at Williams Landing, a new bus route in the Caroline Springs area and improvements to Altona bus routes 413, 416 and 415 to simplify journeys to the railway station and improve coordination between buses and trains.

Of course we have deployed protective services officers at Altona, Hoppers Crossing, Laverton, St Albans,

Werribee, Williams Landing and Yarraville stations.

Compare this to the situation reported in an article in the Age of 27 July 2010, which states:

… free travel will apply to train, tram and bus commuters, transport minister Martin Pakula said.

…

… a finance expert estimated this morning’s rail meltdown would cost Victoria’s economy at least $12 million in lost productivity after the travel plans of 400 000 peak-hour commuters were thrown into chaos.

…

The Craigieburn, Upfield, Sydenham, Williamstown and

Werribee lines were the worst hit …

That was thanks to the former Minister for Public

Transport.

Introduction and first reading

Ms ASHER (Minister for Innovation, Services and

Small Business) — I move:

That I have leave to bring in a bill for an act to amend the

Electricity Industry Act 2000 and the Gas Industry Act 2001 and for other purposes.

Ms D’AMBROSIO (Mill Park) — I request that the minister provide a brief explanation of the bill.


Small Business) — On behalf of the Minister for

Energy and Resources, the bill streamlines existing publishing and notification requirements for electricity retailers in light of the recent introduction of flexible pricing in Victoria. The bill also amends some lodgement requirements for electricity and gas retailers in relation to their financial hardship policies.

Motion agreed to.

Read first time.

COURTS AND

LEGISLATION

OTHER JUSTICE

AMENDMENT BILL 2013


Mr CLARK (Attorney-General) — I move:


Births, Deaths and Marriages Registration Act 1996, the

Court Security Act 1980, the Legal Profession Act 2004, the

Magistrates’ Court Act 1989, the Police Regulation Act 1958, the Supreme Court Act 1986 and the Terrorism (Community

Protection) Act 2003, to repeal the Courts Legislation

(Neighbourhood Justice Centre) Act 2006, to amend other acts to update redundant references to the federal magistrates court and for other purposes.

Mr PAKULA (Lyndhurst) — I ask the minister to provide a brief explanation of the bill.

Mr CLARK (Attorney-General) — The bill makes a range of amendments to various court and justice-related legislation, probably most significantly to repeal the sunset provision for the neighbourhood justice centre. It will improve the operation in the assessment of the referral court list in the Magistrates

Court and bring change of name procedures more into line with national practice.



STATE TAXATION AND FINANCIAL LEGISLATION AMENDMENT BILL 2013

Tuesday, 15 October 2013 ASSEMBLY

STATE TAXATION AND FINANCIAL

LEGISLATION AMENDMENT BILL 2013

TRANSPORT ACCIDENT FURTHER


3295

Introduction and first reading Introduction and first reading

Mr O’BRIEN (Treasurer) — I move:


Commonwealth Places (Mirror Taxes Administration) Act

1999, the Duties Act 2000, the Financial Management Act

1994, the Land Tax Act 2005, the Taxation Administration

Act 1997 and the Unclaimed Money Act 2008 and for other purposes.

Mr SCOTT (Preston) — I ask the minister to provide a brief explanation of the bill.



Transport Accident Act 1986 to enable the introduction of a fixed-cost model for any claim, application or proceeding under section 93 by order of the Governor in Council and for other purposes.

Mr DONNELLAN (Narre Warren North) — I ask the Treasurer to provide further explanation of the bill.

Mr O’BRIEN (Treasurer) — This bill does a number of things of great utility. It simplifies the way mirror taxes are administered in Victoria. It supports the national electronic conveyancing system. It introduces a new exemption for land owned by the trustee of a special disability trust, uses the principal beneficiary’s principal place of residence, removes the six year time limit for claiming the principal place of residence exemption where a person moves into care under certain circumstances and makes other adjustments to the Unclaimed Money Act 2008 and the Financial

Management Act 1994 in relation to procurement.

Mr O’BRIEN (Treasurer) — This bill will introduce provisions to help ensure that effective control is maintained in relation to the cost of the scheme for the Transport Accident Commission.

Motion

Read agreed first time.

DRUGS, to.

POISONS

SUBSTANCES

AND CONTROLLED

AMENDMENT BILL


2013



Mr WELLS (Minister for Police and Emergency

Services) introduced a bill for an act to amend the

Drugs, Poisons and Controlled Substances Act 1981 and for other purposes.

TRANSPORT ACCIDENT AMENDMENT

BILL 2013



VICTORIA POLICE BILL 2013


That I have leave to bring in a bill for an act to make amendments to the Transport Accident Act 1986 to further improve the operation of that act and for other purposes.

Mr DONNELLAN (Narre Warren North) — I ask the minister for further explanation of the bill.

Mr O’BRIEN (Treasurer) — This legislation will improve the operational efficiency of the Victorian transport accident scheme through clarifying the original intent of the current legislation, increasing some client benefits and addressing small anomalies.



Services) introduced a bill for an act to re-enact and modernise the law relating to the governance and regulation of Victoria Police, to retitle and substantially repeal the Police Regulation Act 1958 and for other purposes.


EMERGENCY MANAGEMENT BILL 2013





Services) introduced a bill for an act to establish new governance arrangements for emergency management in Victoria, to repeal the Fire Services

Commissioner Act 2010, to consequentially amend

ROAD LEGISLATION AMENDMENT BILL 2013

3296 emergency management legislation and certain other acts and for other purposes.


3. the project continues to receive strong community support.

Read first

ROAD time.

LEGISLATION AMENDMENT

2013

BILL

The petitioners therefore request that the Legislative

Assembly urge the Baillieu government to fund and commence work on the Epping Road project as a matter of urgency.

By Ms GREEN (Yan Yean) (17 signatures).


Northern suburbs bus services

Mr MULDER (Minister for Roads) — I move:

To the Legislative Assembly of Victoria:


Road Safety Act 1986 in relation to the demerit point scheme, licensing and registration and other matters, to amend the

Heavy Vehicle National Law Application Act 2013 in relation to miscellaneous matters and for other purposes.

The petition of certain citizens of the state of Victoria calls on the Baillieu government to reverse its recent cuts to bus services.

In particular, we note:

Mr DONNELLAN (Narre Warren North) — I ask the minister for a brief explanation of the bill.

1. the localities of Greensborough, Plenty, Mill Park,

Bundoora, Yarrambat, Whittlesea and beyond have all been hit hard by cuts to services. Many bus stops at schools, aged-care and sporting facilities have been removed altogether;

Mr MULDER (Minister for Roads) — This bill closes a loophole that existed under the Labor government that allowed overseas licence holders and interstate licence holders to commit traffic offences in

Victoria and not be subject to the demerit point scheme.


2. the Baillieu government’s 2011–12 bus review was done in secret and in the shadow of budget cuts and has resulted in many service losses, overcrowding and massively increased travel times including

Greensborough losing 561 weekly services and Doreen commuters journey times blowing out by over 26 per cent;


BUSINESS OF

Notices of

THE HOUSE motion

3. the Baillieu government’s review is in stark contrast to the 2008–09 review of bus services by the former Labor government, where there was extensive community consultation and delivered over 1000 extra weekly services for the north;

The DEPUTY SPEAKER — Order! Notices of motion 7 to 16 will be removed from the notice paper unless members wishing their notice to remain advise the Clerk in writing before 6.00 p.m. today.

4. these cancellations are causing great distress to locals in

Melbourne’s north, who use bus services to access employment, shopping, health and education.

PETITIONS

Following petitions presented to house:


Assembly of Victoria urge the Baillieu government to reinstate these services and deliver better public transport for our growing community including increased number of bus services and commitments to upgrade our public transport infrastructure.

Epping Road duplication



Doreen road safety

The petition of certain citizens of the state of Victoria draws to the attention of the house the Baillieu government’s refusal to fund the Epping Road project in the 2011 or 2012 state budgets.


In particular we note:

1. Epping Road services some of the most rapidly growing areas in Australia;

2. the intersection of Epping, O’Hern’s and Findon roads is recognised by the RACV as one of the worst in Victoria;

This petition of certain citizens of the state of Victoria draws to the attention of the house the exceedingly dangerous road safety issues experienced by school students and pedestrians trying to access Doreen Primary School, Plenty Valley

Christian school and numerous other secondary schools attended by Doreen teenagers. By 2016 almost 4000 12 to

17-year-olds will live in postcode 3754 and most will still be forced to catch buses to school.

SCRUTINY OF ACTS AND REGULATIONS COMMITTEE



1. Yan Yean and Bridge Inn roads carry high volumes of traffic way in excess of what they were designed for with no footpaths, bike paths or pedestrian crossings;

ASSEMBLY

2. Doreen Primary School and Plenty Valley Christian school students have no ability to walk even short distances to school, due to the absence of footpaths;

Supported accommodation fees


This petition of certain citizens of Victoria draws to the attention of the house the intended introduction of a rise in fees for people with disabilities who live in Victorian government-managed group homes.

3. there is currently no state secondary school in Doreen or

Mernda and a shortage of primary schools, so students catch buses to schools as far as Whittlesea, Mill Park,

Yarrambat, Epping, Greensborough, Eltham,

Montmorency and Diamond Creek;

4. there is inadequate bus stop space for the volume of buses with one bus stop even located in a no-standing zone;

5. there is no safe area for parents to park and drop off their children especially within an 80-kilometre zone.


3297

The increase in fees, from 50 per cent to 75 per cent of the disability support pension (DSP) — in addition to 100 per cent of the commonwealth rental allowance — will create severe financial hardship reducing affected Victorians’ income to less than $5000 annually for the majority of their remaining basic needs. This will severely diminish their quality of life. This is a cruel and an intolerable imposition on the lives of Victoria’s most vulnerable citizens.


Assembly of Victoria reverse the decision to increase fees to

75 per cent of the DSP.


Assembly urge the Liberal government as a matter of urgency to:

Ordered that petitions presented by honourable member for Yan Yean be considered next day on motion of Ms GRALEY (Narre Warren North).

(1) fund new bus services, cycle and foot paths; and

Tabled.

(2) support Whittlesea and Nillumbik councils to plan and deliver road improvements and safety upgrades.


SCRUTINY OF ACTS AND REGULATIONS

COMMITTEE

Donnybrook railway station

Alert Digest

No.

13


Ms CAMPBELL (Pascoe Vale) presented Alert

Digest No.

13 of 2013 on:

This petition of certain citizens of the state of Victoria draws to the attention of the house the poor conditions of

Donnybrook station and the need for an urgent upgrade.


1. that Donnybrook V/Line station is an increasingly popular station for commuters to reach the CBD;

2. with the rapid growth in Mernda, Doreen and Wollert and lack of other public transport options for people as far away as Whittlesea and Kinglake means that this station’s usage will continue to increase in future years;

3. the station and car park are currently in a very poor state and the growth in patronage is forcing commuters to park all over Donnybrook causing problems for locals and local businesses such as the general store and hotel;

Corrections Amendment (Parole Reform) Bill

2013

Fire Services Levy Monitor Amendment

(Ensuring Fair and Equitable Levies) Bill 2013

Local Government (Rural City of Wangaratta)

Bill 2013

Radiation Amendment Bill 2013

Tobacco Amendment Bill 2013

Workplace Injury Rehabilitation and

Compensation Bill 2013 together with appendices.

Tabled.

Ordered to be printed.

4. the previous Labor government had pledged $1 million towards the upgrade of Donnybrook station — a commitment not matched by the now Liberal government.

Statute Law Revision Bill 2013

Ms CAMPBELL (Pascoe Vale) presented report, together with appendix.


Assembly urges the Liberal government to upgrade the station including providing more and better commuter car parking and improved lighting.

Tabled.

Ordered to be printed.


DOCUMENTS

3298

Tabled by Clerk:

DOCUMENTS

Australian Centre for the Moving Image — Report 2012–13

CenITex — Report 2012–13

Commission for Children and Young People — Report

2012–13

Community Visitors — Report 2012–13 under s 35 of the

Disability Act 2006, s 116A of the Mental Health Act 1986 and s 195 of the Supported Residential Services (Private

Proprietors) Act 2010 — Ordered to be printed

Corangamite Catchment Management Authority — Report

2012–13

Crown Land (Reserves) Act 1978 — Order under s 17B granting a licence over Maldon Historic Area

Duties Act 2000 — Reports 2012–13 of exemptions and refunds under ss 250B and 250DD (two documents)

Education and Early Childhood Development, Department of

(together with Victorian Skills Commission Report 1 July

2012 to 31 December 2012) — Report 2012–13

Emergency Services Telecommunications Authority —

Report 2012–13

Environment Protection Act 1970 — Order varying the State

Environment Protection Policy (Prevention and Management of Contamination of Land)

Financial Management Act 1994 :

Financial Report for the State of Victoria 2012–13, incorporating Quarterly Financial Report No. 4 — Ordered to be printed

Reports from the Minister for Environment and Climate

Change that he had received the reports 2012–13 of:

Commissioner for Environmental Sustainability

Goulburn Valley Regional Waste Management Group

Mornington Peninsula Regional Waste Management

Group

Victorian Environmental Water Holder

Reports from the Minister for Public Transport that he had received the reports 2012–13 of:

Rolling Stock (VL-1) Pty Ltd



Taxi Services Commission

Fire Services Commissioner Victoria — Report 2012–13

Geelong Performing Arts Centre Trust — Report 2012–13

Greyhound Racing Victoria — Report 2012–13


Harness Racing Victoria — Report 2012–13

Human Services, Department of — Report 2012–13

Independent Broad-based Anti-corruption Commission —

Report 2012–13 — Ordered to be printed

Judicial College of Victoria — Report 2012–13

Legal Practitioners Liability Committee — Report 2012–13

Library Board of Victoria — Report 2012–13

Liquor Control Reform Act 1998 — Report 2012–13 under s 148R

Melbourne Market Authority — Report 2012–13

Melbourne Recital Centre Ltd — Report 2012–13 (two documents)

Members of Parliament (Register of Interests) Act 1978 —

Summary of returns June 2013 and Summary of variations notified between 25 June 2013 and 30 September 2013 and

Summary of primary return September 2013 — Ordered to be printed

Metropolitan Waste Management Group — Report 2012–13

Museums Board of Victoria — Report 2012–13

National Environment Protection Council (Victoria) Act

1995 — Third Review of the Act under s 64 together with

National Environment Protection Council Response

National Gallery of Victoria, Council of Trustees — Report

2012–13

North Central Catchment Management Authority — Report

2012–13

North East Catchment Management Authority —

Report 2012–13

Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes:

Bayside — C87, C123

Campaspe — C69

Casey — C163

Colac Otway — C72 Part 2

Darebin — C108 Part 1

Glen Eira — C112

Greater Bendigo — C192

Greater Dandenong — C179

Greater Geelong — C67, C264

Greater Shepparton — C110, C121

Melbourne — C218

Melton — C134, C149

DOCUMENTS


Moira — C51, C74

Moreland — C122, C148

Mornington Peninsula — C170

Murrindindi — C49

South Gippsland — C72, C84

Stonnington — C167

Surf Coast — C78

Towong — C29

Warrnambool — C77

Whitehorse — C123

Wodonga — C94, C107

Wyndham — C86, C148, C168

Police Integrity, Office of — Report period ended 9 February

2013 — Ordered to be printed

Port Phillip and Westernport Catchment Management

Authority — Report 2012–13

Public Prosecutions — Director, Committee and Office —

Report 2012–13

Public Record Office Victoria — Report 2012–13

Roads Corporation (VicRoads) — Report 2012–13

Rolling Stock Holdings (Victoria) Pty Ltd — Report 2012–13

Rolling Stock (Victoria-VL) Pty Ltd — Report 2012–13

Sentencing Advisory Council — Report 2012–13

State Development, Business and Innovation, Department of — Report 2012–13

ASSEMBLY

Surveillance Devices Act 1999 — Reports 2012–13 under s

30L (three documents)

3299

Surveyor-General — Report 2012–13 on the administration of the Survey Co-ordination Act 1958

Transport Accident Commission — Report 2012–13

V/Line Corporation — Report 2012–13

V/Line Pty Ltd — Report 2012–13

Victims of Crime Assistance Tribunal — Report 2012–13

Victoria Legal Aid — Report 2012–13

Victoria State Emergency Service Authority —

Report 2012–13

Victorian Arts Centre Trust — Report 2012–13

Victorian Catchment Management Council —

Report 2012–13

Victorian Commission for Gambling and Liquor

Regulation — Report 2012–13

Victorian Equal Opportunity and Human Rights

Commission — Report 2012–13 — Ordered to be printed

Victorian Funds Management Corporation —

Report 2012–13

Victorian Law Reform Commission:

Report 2012–13 — Ordered to be printed

Succession Laws — Ordered to be printed

Victorian Rail Track — Report 2012–13

Victorian Responsible Gambling Foundation —

Report 2012–13

Statutory Rules under the following Acts:

Conservation, Forests and Lands Act 1987 — SR 116

County Court Act 1958 — SR 122

Crimes (Controlled Operations) Act 2004 — SR 123

Infringements Act 2006 — SR 114

Magistrates’ Court Act 1989 — SR 120, 121

National Parks Act 1975 — SR 115

Road Safety Act 1986 — SR 118

West Gippsland Catchment Management Authority —

Report 2012–13

West Gippsland Healthcare Group — Report 2012–13

Wimmera Catchment Management Authority —

Report 2012–13.

The following proclamations fixing operative dates were tabled by the Clerk in accordance with an order of the House dated 8 February 2011:

Supreme Court Act 1986 — SR 117, 119

Subordinate Legislation Act 1994 :

Documents under s 15 in relation to Statutory Rules 114,

115, 116, 117, 118, 119, 120, 121, 122

Documents under s 16B in relation to the Wildlife Act

1975 — Amendment of the Declaration of Dingo to be

Unprotected Wildlife

Company Titles (Home Units) Act 2013 — Whole Act —

1 October 2013 (Gazette S337, 24 September 2013)

Fortification Removal Act 2013 — Whole Act — 6 October

2013 (Gazette S341, 1 October 2013)

Major Transport Projects Facilitation Amendment (East West

Link and Other Projects) Act 2013 — Whole Act —

25 September 2013 (Gazette S337, 24 September 2013)

Sustainable Forests (Timber) Amendment Act 2013 — Whole

Act (other than s 17 and Division 2 of Part 2) — 1 October

2013 (Gazette S337, 24 September 2013) .

ROYAL ASSENT

3300

Message to: read

ROYAL advising

ASSENT royal

APPROPRIATION assent on 24

MESSAGES

ASSEMBLY

September

Catchment and Land Protection Amendment Bill

2013

Children, Youth and Families Amendment Bill

2013

Local Government (Rural City of Wangaratta)

Bill 2013

Plant Biosecurity Amendment Bill 2013

Road Legislation Amendment (Use and

Disclosure of Information and Other Matters)

Bill 2013

Road Safety and Sentencing Acts Amendment

Bill 2013.

Tuesday, 15 October 2013 indicated to me that it wanted to debate the

Superannuation Legislation Amendment Bill 2013 at length. I try to accommodate the opposition by allocating a reasonable spread of time for bills in which it shows an interest, and I shall endeavour to do so in the future depending on the program.

The matter of consideration in detail is usually raised on these occasions, and I make the observation that the opposition had a chance last week to have a consideration-in-detail stage on a bill, which was the local government bill, and it declined to do so. That is its right, but I make the observation that the opposition had a chance to have a debate in consideration in detail, for which the opposition has been asking for some time, and I emphasise as is its right, it declined that opportunity. I again flag for the house that the second-reading speeches — obviously we have had the introduction and first readings of bills — will be given tomorrow.

Messages read recommending appropriations for:

Tobacco Amendment Bill 2013

Workplace Injury Rehabilitation and

Compensation Bill 2013.

BUSINESS OF THE

Program

HOUSE



That, under standing order 94(2), the orders of the day, government business, relating to the following bills be considered and completed by 4.00 p.m. on Thursday,

17 October 2013:

Corrections Amendment (Parole Reform) Bill 2013

The member for Bendigo East is not in the chamber, but not due to any choice of her own, I might add in her defence. I have had a discussion with her about the notice of motion I just gave which seeks to recommit for a statutory majority the third reading of the Courts

Legislation Amendment (Judicial Officers) Bill 2013, which was debated last sitting week. I indicated privately across the table to the member for Bendigo

East that I will not necessarily move this motion tomorrow; I would like to engage in a discussion with the opposition on this matter. We have a circumstance where clearly the government is not in a position to obtain a statutory majority, and last week there were a series of circumstances, including illness, that probably did not allow sufficient consideration of that statutory majority.

Fisheries Amendment Bill 2013

Professional Boxing and Combat Sports Amendment

Bill 2013

Tobacco Amendment Bill 2013

Workplace Injury Rehabilitation and Compensation Bill

2013.

By way of observation, a five-bill program is a very reasonable program. Indeed I note that last week a similar workload was ridiculed by the member for

Narre Warren North, and we did not get to debate one bill at all last week. The program I put forward is a reasonable one. I also add that the opposition chose to waive its adjournment rights, as is its right, on the Local

Government (Rural City of Wangaratta) Bill 2013.

Obviously that occupied some time on the Thursday that I had set aside in good faith, given the opposition

I understand that the Attorney-General is also having a discussion with the member for Lyndhurst on this reform, which is supported, I gather, quite extensively and was not opposed at the time by the opposition. I indicate formally to the house, particularly to members of the opposition, that I am prepared to have further discussion with them about that notice of motion. If it is possible to move it tomorrow, I would like to do so. If it is not and the opposition would like further discussion, the government is prepared to engage in that further discussion. With those few words, I note that I think this is a reasonable business program.

Mr MERLINO (Monbulk) — I am pleased to rise to speak on the government business program, and there are a few points I would like to raise. I will get to the notice of motion that the Minister for Innovation,

Services and Small Business referred to in a moment.

BUSINESS OF THE HOUSE

Tuesday, 15 October 2013 ASSEMBLY 3301

Firstly, there is the issue of going into a consideration-in-detail stage. I hear the point the minister is making, but it needs to be understood that on the overwhelming majority of occasions, on almost every occasion, the government refuses to go into consideration in detail on any legislation.

Mr MERLINO — I will confine my comments to the government business program, but there is a reason that a statutory majority was not achieved for the

Courts Legislation Amendment (Judicial Officers) Bill

2013. We are in a situation now where this chamber is being treated with contempt, and there is going to be a suspension of standing orders to allow this bill to pass.

But as I said, it is not a piece of legislation we are opposed to, so we will engage with the government in regard to the timing of that motion.

I want to indicate at the start that we will be opposing the government business program on the issue of consideration in detail, specifically in relation to the bill being scheduled for debate on Thursday, the Workplace

Injury Rehabilitation and Compensation Bill 2013. This is a very significant piece of legislation. It is a complete rewrite of existing acts related to workplace injury and comprises some 749 pages. I will not go into detail because this is not a debate on the bill, but it includes clauses that limit the rights of workers. We are talking about an area of public policy which involves premiums of approximately $2 billion.

In summing up, we will be opposing the government business program, and I have moved an amendment to remove the Workplace Injury Rehabilitation and

Compensation Bill 2013 from the program. There are injured workers right across the state, and the only thing we should do is consider that bill in detail.

The DEPUTY SPEAKER member’s time has expired.

— Order! The

As I said, this is a significant bill with some 750 pages in a significant area of public policy. Given the limited time to debate the legislation — and there will be a number of second-reading speeches on Thursday, further curtailing the amount of time we have to debate bills — and given the size and complexity of this legislation and the fact that it concerns one of the most significant and important areas of public policy of any state administration, we would want to go into a consideration-in-detail stage on this bill. I therefore move:

That the words ‘Workplace Injury Rehabilitation and

Compensation Bill 2013’ be omitted from the motion.

Mr TILLEY (Benambra) — I will make my contribution very brief and short, keeping in mind the comments made by the member for Monbulk and his goodwill on the importance of continuing negotiations with the Leader of the House. I support the motion moved by the Leader of the House on the government business program. It is a reasonable and easily manageable program with five bills. I will work in cooperation the Opposition Whip to see that there is an opportunity for each and every member of the

Legislative Assembly to make a contribution, if that can be managed. On that note, I support the motion moved by the Leader of the House on the government business program.

In speaking to this motion I stress the vital importance of going into this very important piece of legislation in detail.

Finally I refer to the notice of motion given by the

Leader of the House in regard to the suspension of standing orders in relation to the Courts Legislation

Amendment (Judicial Officers) Bill 2013, and I indicate that we will engage with the government in terms of when that matter arises. As the minister said, this is not a bill that the Labor opposition is opposing. We want to see its passage through the chamber, so we will engage in those discussions as to when the vote related to the statutory majority will take place. I must say, though, that the status of this bill is a reflection of the chaos this

Parliament has descended into. That is what happens when the member for Frankston is not in the chamber.

The DEPUTY SPEAKER — Order! The member for Monbulk will stay on the government business program.

Mr SCOTT (Preston) — I rise to support the contribution of the Deputy Leader of the Opposition, the member for Monbulk, and the amendment he has moved to the government business program, in particular on the issues relating to the Workplace Injury

Rehabilitation and Compensation Bill 2013 and the desirability of going into a consideration-in-detail stage on that bill.

Without debating the bill, I would like to provide some context regarding the importance of workplace legislation. As has been noted, this is a rewrite of the existing legislation, the Accident Compensation Act

1985 and the Accident Compensation (WorkCover

Insurance) Act 1993, which are important and significant acts. I will not use a prop, but the bill is a large, weighty piece of legislation amounting to

749 pages. As is the nature of such a piece of legislation, the bill’s numerous clauses are highly


3302 ASSEMBLY Tuesday, 15 October 2013 technical and relate to complex matters regarding the rights of individuals in this state.

Without debating their merits or otherwise, it is important to consider in detail these matters, particularly given that, as the deputy leader alluded, this is a significant aspect of our community. I am sure all members would agree that one person injured at work is one too many, but a large number of Victorians suffer from workplace injuries. From memory, the figure was just under 30 000 last year. That is 30 000 individuals who made claims for compensation or other matters such as medical payments under the legislation. its deliberations to continue in such a manner that the important aspects of the bill that relate to injured workers and the important work undertaken by

WorkSafe on behalf of the community to ensure that workplaces are safe can be considered in the detail they deserve.

With those brief comments — —

Mr

Mr

Crisp — They weren’t brief.

SCOTT — I could have spoken in much more detail on the bill, so it seemed brief to me. There is much that could be said on the bill, but I have resisted the temptation to discuss the clauses of the bill itself. I emphasise that this is a significant area of endeavour within the community that deserves the attention of

Parliament.

It is important that the consideration of such a significant part of our community’s life should be given the weight it deserves. In particular, as was noted previously, if you just look at the aspects relating to business — once you move beyond the terrible personal situations injured workers find themselves in — you see it is a very significant part of business operations, as it should be. Approximately $2 billion of revenue is garnered from Victorian businesses for this purpose, and there are also self-insurers who in effect pay their own premiums on top of that amount. It is important to understand that a large amount of activity, including almost 50 000 visits to workplaces, and significant public assets — over $10 billion in public assets are held by WorkSafe Victoria — relate to these matters. This bill seeks to address these issues.

Mr CRISP (Mildura) — The Nationals support the government business program. Like the rest of this side, we anxiously await the result of discussions about the

Courts Legislation Amendment (Judicial Officers) Bill

2013. I welcome the fact that the opposition will not oppose the bill, so hopefully those discussions will be short and fruitful.

I hope that all members would regard issues relating to

WorkCover and the operations of WorkSafe as highly significant within our community and deserving of the attention of Parliament, in particular in a consideration-in-detail stage. This would allow the complex matters and important details around clauses regarding the rights of injured Victorians and Victorian businesses — in particular, as has been noted, regarding aspects of the bill that reduce the ability of Victorian workers to exercise their rights in relation to injury claims — to be given due consideration. This is a significant piece of legislation because it deals with such important matters.

This week’s program contains a number of interesting bills. The Professional Boxing and Combat Sports

Amendment Bill 2013 has certainly created some interest in the community. Similarly, the Corrections

Amendment (Parole Reform) Bill 2013 is topical in our community. Hopefully these reforms will be debated and will pass the house this week. The Fisheries

Amendment Bill 2013 is probably close to many people’s hearts, particularly in establishing the Fisheries

Advisory Council. Fishing and gardening probably remain Victoria’s largest nominated pastimes. The

Tobacco Amendment Bill 2013, about smoking at certain outdoor venues, is another piece of legislation that has been well debated in the public arena.

It is important that we are able to drill down into aspects of the bill clause by clause in order to examine in detail how the bill will impact on the rights of

Victorian workers, particularly those who have been injured, and how it relates to the inspections undertaken by WorkSafe and the important work on occupational health and safety undertaken by Victorian businesses and WorkSafe. The Treasurer, as the minister representing the Assistant Treasurer, who is the minister responsible for the legislation, could then provide further information to the Parliament to allow

And of course there is the Workplace Injury

Rehabilitation and Compensation Bill 2013, which is the subject of an amendment that has been moved by the opposition to remove it from the government business program. I will briefly comment that this is a substantial and important bill. I note that in the past we have heard much from members on the other side about lightweight business programs, but when something substantial comes along — and the opposition has been given three weeks notice on this — they proceed to duck and weave. I wonder whether they support the bill or not. That is something I did not find out from the debate. With those comments, there is a program of


Tuesday, 15 October 2013 ASSEMBLY 3303 some merit this week, and we need to get on with the debate.

Mr DONNELLAN (Narre Warren North) — This week we have another small government business program with nothing particularly substantial, apart from the Workplace Injury Rehabilitation and

Compensation Bill 2013, a substantial bill of approximately 1000 pages which has been sneaked in at the last moment. That bill is about the size of my garage, and it will require substantial and serious debate — a whole day at the very least. The issue is that this bill will limit workers common-law rights in relation to compensation. This bill should not be sneaked through at the last minute; it should be debated fulsomely and considered in detail. amendments to the legislation because government members will not deal with it properly in the first place.

This bill should be considered in detail by this house and not slipped through — having been second read on a Wednesday and passed on a Take-It-Easy or

Go-Home-Early Thursday.

We are here to debate large bills, and this substantial bill is more than 700 pages long with a 300-page explanatory memorandum. No-one is going to tell me that the government is going to get it all right; there is no chance in Hades that it will. For the rest of the week we are going to proceed at a glacial pace, just cruising along, and then it is proposed that we will slip this bill through without proper consideration, and then we will be back here again. This situation highlights that this legislation has been slipped in at the last minute and is not part of a program which would allow it to be considered properly.

The Leader of the House has indicated that an offer was made in the last sitting week to have a bill considered in detail, but realistically this is not about ambulance chasing. You would hope that if someone’s relative was injured in a workplace environment, members of the government would care about that and not make jokes about solicitors’ pay and the like. Obviously some government members do not consider workplace injury to be deadly serious, but I do. It is a terribly serious matter that requires proper debate. I have no doubt that, as sure as God made little pigs, we will soon be back in this house to deal with amendments to the legislation arising from this bill.

Realistically, the government’s business program is not well organised, particularly when we look at this bill and the Tobacco Amendment Bill 2013, which perhaps would be better called the Citizen’s Arrest Bill because there is no capacity for its provisions to be enforced or to arrest people for smoking in inappropriate places. If we are asking citizens to arrest each other for smoking in inappropriate places, then that matter needs to be considered in detail. Such an arrest would have to be made either by citizens or by local government health officers.

In relation to courts bills and the like, government members have been warned that they would be better off if we considered these matters in detail and got them right, but unfortunately members of this government never learn. They shove the damned bills through at

100 miles an hour and then say, ‘We are back again with the same legislation and we need your help to get it through quickly because we are like naughty children who would not listen’. Government members would not be told, and at the end of the day someone needed to tell them, and it was us. We were — —

There are several bills on the government business program which will require serious consideration, but the main one is the Workplace Injury Rehabilitation and Compensation Bill. Because it is so large it will require serious consideration, and that is why opposition members will be opposing the government’s business program, and will continue to ask for the bill to be considered in detail. It is vital that when people are injured they have the capacity to sue and to exercise their common-law rights without their rights being impinged upon by this or any other government.

The DEPUTY SPEAKER — Order! I inform the member for Narre Warren North that the microphones are working.

Mr DONNELLAN — Thank you, Deputy Speaker.

This is a bit like needing to raise your voice at your child because they are not listening and you have got to get the message across. In the case of the Workplace

Injury Rehabilitation and Compensation Bill, I have no doubt that I would be a sure winner if I were to put all my money on a bet that we will all be back here within a month — maybe a month and a half — to deal with this matter all over again. This government will make

The SPEAKER — Order! The Leader of the House has moved the government business program motion.

The Deputy Leader of the Opposition has moved an amendment to that motion to omit the Workplace

Injury Rehabilitation and Compensation Bill 2013 from the program. The question is:

That the words proposed to be omitted stand part of the question.

MEMBERS STATEMENTS

3304 ASSEMBLY Tuesday, 15 October 2013

Allan, Ms

Barker, Ms

Beattie, Ms

Brooks, Mr

Campbell, Ms

Carbines, Mr

Carroll, Mr

D’Ambrosio, Ms

Donnellan, Mr

Duncan, Ms

Edwards, Ms

Eren, Mr

Foley, Mr

Garrett, Ms

Graley, Ms

Halfpenny, Ms

Helper, Mr

Hennessy, Ms

Herbert, Mr

Howard, Mr

House divided on omission (members in favour vote no):

Angus, Mr

Asher, Ms

Baillieu, Mr

Battin, Mr

Bauer, Mrs

Blackwood, Mr

Bull, Mr

Burgess, Mr

Clark, Mr

Crisp, Mr

Delahunty, Mr

Dixon, Mr

Fyffe, Mrs

Gidley, Mr

Hodgett, Mr

Katos, Mr

McCurdy, Mr

McIntosh, Mr

McLeish, Ms

Miller, Ms

Morris, Mr

Ayes, 42

Mulder, Mr

Napthine, Dr

Newton-Brown, Mr

Northe, Mr

O’Brien, Mr

Powell, Mrs

Ryall, Ms

Ryan, Mr

Shaw, Mr

Smith, Mr R.

Southwick, Mr

Sykes, Dr

Thompson, Mr

Tilley, Mr

Victoria, Ms

Walsh, Mr

Watt, Mr

Weller, Mr

Wells, Mr

Wooldridge, Ms

Wreford, Ms

Gidley, Mr

Hodgett, Mr

Katos, Mr

McCurdy, Mr

McIntosh, Mr

McLeish, Ms

Miller, Ms

Morris, Mr

Allan, Ms

Barker, Ms

Beattie, Ms

Brooks, Mr

Campbell, Ms

Carbines, Mr

Carroll, Mr

D’Ambrosio, Ms

Donnellan, Mr

Duncan, Ms

Edwards, Ms

Eren, Mr

Foley, Mr

Garrett, Ms

Graley, Ms

Halfpenny, Ms

Helper, Mr

Hennessy, Ms

Herbert, Mr

Howard, Mr

Amendment

House

Angus, Mr

Asher, Ms

Baillieu, Mr

Battin, Mr

Bauer, Mrs

Blackwood, Mr

Bull, Mr

Burgess, Mr

Clark, Mr

Crisp, Mr

Delahunty, Mr

Dixon, Mr

Fyffe, Mrs defeated. divided on

Noes, 40

Hutchins, Ms

Kairouz, Ms

Kanis, Ms

Knight, Ms

Languiller, Mr

Lim, Mr

McGuire, Mr

Madden, Mr

Merlino, Mr

Nardella, Mr

Neville, Ms

Noonan, Mr

Pakula, Mr

Pallas, Mr

Pandazopoulos, Mr

Perera, Mr

Scott, Mr

Thomson, Ms

Trezise, Mr

Wynne, Mr motion:

Ayes, 42

Mulder, Mr

Napthine, Dr

Newton-Brown, Mr

Northe, Mr

O’Brien, Mr

Powell, Mrs

Ryall, Ms

Ryan, Mr

Shaw, Mr

Smith, Mr R.

Southwick, Mr

Sykes, Dr

Thompson, Mr

Motion

Ms agreed to.

GARRETT

Tilley, Mr

Victoria, Ms

Walsh, Mr

Watt, Mr

Weller, Mr

Wells, Mr

Wooldridge, Ms

Wreford, Ms

Noes, 40

MEMBERS

Hutchins, Ms

Kairouz, Ms

Kanis, Ms

Knight, Ms

Languiller, Mr

Lim, Mr

McGuire, Mr

Madden, Mr

Merlino, Mr

Nardella, Mr

Neville, Ms

Noonan, Mr

Pakula, Mr

Pallas, Mr

Pandazopoulos, Mr

Perera, Mr

Scott, Mr

Thomson, Ms

Trezise, Mr

Wynne, Mr

STATEMENTS

Workplace bullying

(Brunswick) — On 8 October I was privileged to attend an on-site information session about workplace bullying at a city construction site, hosted by the Construction, Forestry, Mining and

Energy Union (CFMEU) and Damien and Rae Panlock.

As members of the house would be aware, Damien and

Rae Panlock lost their daughter, Brodie, in the most horrific and tragic circumstances when she took her own life in 2006 at the age of 19 after being subjected to horrendous bullying at her workplace, a local cafe.

Her courageous parents, Damian and Rae, have taken the very brave decision to channel their grief into ensuring that other families do not have to suffer in the way theirs has.

Their tireless advocacy has seen the introduction of

Brodie’s law, and they have been visiting workplaces all over Victoria to share their story and that of their cherished daughter. The Panlocks have partnered with the CFMEU to ensure that the message is given to the thousands of construction workers and apprentices across various industries and that they in turn share that message with their children, their families and the broader community. At the information session we


Tuesday, 15 October 2013 ASSEMBLY talked about the insidious and unacceptable nature of bullying and how we all have a responsibility to stamp it out when we see people being treated inappropriately.

I pay tribute to the Panlock family.

3305 seeks to find common ground in the spirit and living experiences of Indigenous people in both Australia and

Guatemala — from their culture, colour, traditions and the long-lasting memories of their ancestors.

Mr

Science and

LANGUILLER innovation

Angel awards


Small Business) — On Tuesday, 8 October, before some 200 people in Queen’s Hall, I announced that

Professor Lloyd Hollenberg from the University of

Melbourne and Professor Alan Cowman from the

Walter and Eliza Hall Institute of Medical Research had both been awarded the 2013 Victoria Prize for Science and Innovation in the physical and life science categories respectively. The prize for each is $50 000. I also announced the 12 recipients of Victoria fellowships.

The Victoria prize and the Victoria fellowships were established by the Kennett coalition government in

1998 to support and celebrate the work of the people who drive Victoria’s science and innovation capabilities. In the 2012 state budget the coalition government doubled the number of Victoria prizes and

Victoria fellowships on offer each year, and in 2013 the government also appointed an organisation known as veski to deliver the Victoria prizes and the Victoria fellowships on behalf of the government. We have also implemented election commitments to establish six new Victorian postdoctoral research fellowships and double the number of veski innovation fellowships awarded each year. We appointed Victoria’s first lead scientist, Leonie Walsh, to provide strategic advice on the role of science and technology in driving industry and economic growth.

I congratulate Professor Hollenberg and

Professor Cowman on their achievement and the

12 new Victorian fellows on what they will achieve on their research missions. I also thank the Australian

French Association for Science and Technology for once again supporting two Victorian fellows who choose to study in France.

Calderon

(Derrimut) — I commend the art exhibition entitled Uncertainty, Creativity and Art, which is presented by Angel Calderon, an artist and academic of Guatemalan background. The theme of disappearance is manifested in his paintings in remembrance of the life of his 21-year-old brother

Vinicio, who disappeared on the evening of 20 July

1982 when he was walking home after refereeing a game of basketball. In his paintings Angel Calderon

He also seeks to express through his paintings the memory of formative years in Guatemala, particularly the years of student activism and armed struggle.

‘Painting’, he says, ‘has become a happy medium to live with, a great way to share experiences and feel connected with people’. Calderon also said:

The art of exile for me is a way to find an explanation around conflict, understand its meaning and implications for everyone who has experienced it. It also enables me to survive, and to strive for a broader explanation about its consequences for society in general.

I thank all those who assisted with the exhibition, including Dr Philip Darby of the Institute of

Postcolonial Studies; Sarah Blatchford from Taylor and

Francis Australasia; Lara McKinley, a photographer from Oxfam Australia; Paul Noonan from RMIT

University; and Dr Rod Ling from the University of

Newcastle.

Mr WELLS

Police stations

(Minister for Police and Emergency

Services) — This members statement informs the house of progress on the government’s record investment in building new and refurbished police stations to support the delivery of 1700 extra front-line police members by

November 2014. In addition to the scheduled building program for new police stations, a number of existing police stations are being upgraded to accommodate

1700 additional police officers and 940 protective services officers. Put simply, the allocation of additional police officers to police stations requires infrastructure works to accommodate these additional police officers, because in many cases the existing premises cannot cope without infrastructure work.

The 2011–12, 2012–13 and 2013–14 Victorian budgets committed a total of $119.9 million to carry out these works. The 2012–13 state budget included funding of

$56.4 million over four years to upgrade 87 police stations. The government has also committed to leasing existing buildings and for capital works to build a number of new police stations, including Ballarat North and Daylesford, which I opened recently, and a number of new stations that are expected to be completed or substantially progressed within the next 18 months, including City West, Sale, Somerville, Waurn Ponds and Forest Hill. The government has also committed to building a new operational training and safety tactics facility at Craigieburn.


3306

Thomastown electorate constituent

Ms HALFPENNY (Thomastown) — During the last sitting week I raised a terrible situation that is being faced by a family living in the Thomastown electorate.

Their mother, who lived in Libya, required urgent radiation treatment for breast cancer. She applied for a medical treatment visa to come to Australia but was refused. The need for treatment was urgent, and the family applied to visit Turkey instead. That application was accepted. I thank the Turkish government and the

Consul General of Turkey for their country’s compassion and care in helping Jamila in her time of need. I commend the Turkish government on its humane policies in this area.

Ms

Dr

Breast

SYKES

Cancer

HALFPENNY about breast cancer. lower than the statewide average. Screenings are free for women 50 and over and take only 10 minutes.

Statistics reveal that one in nine women will be diagnosed with breast cancer, and the latest Cancer

Council Victoria statistics indicate that breast cancer is one of the most common cancers. I commend

BreastScreen Victoria for its strong work in the fight against breast cancer and encourage all women to book a screening today.

Shooting and

Awareness hunting challenging activity for young people.

Month

(Benalla) — Yesterday I joined

287 students from 32 schools at the 51st annual

Congratulations to all winners and participants and participating schools from places as far away as to

Tallangatta, Lilydale, Melbourne and Echuca.

Congratulations on conducting the event go to the


Coincidentally, I also joined a number of members of

Parliament at the politicians clay target shoot hosted by the Melbourne branch of Field and Game Australia at

Lilydale last Friday. Well done to the winning team,

Liberal A. It was an excellent day, with good company, challenging shooting, an impressive display of gun dog skills and some very enjoyable game delicacies.

— On another note, October is

Australia’s Breast Cancer Awareness Month, and on the 8 October the member for Yan Yean and I, having both turned 50 this year, joined with local breast cancer survivors Sofia Mastorias, OAM, and Maureen

Corrigan, OAM, in an effort to remind women to prioritise their health and book a breast screen. We met with Sharny McLean from BreastScreen Victoria at the

Epping breast screening centre, where we were shown the mammogram equipment and shared a discussion

The latest BreastScreen Victoria participation rate report card for the Thomastown district shows that

51 per cent of women aged between 50 and 69 take advantage of the free service. However, this rate is events schoolboys and schoolgirls clay target shoot at Benalla.

Benalla and district Field and Game Australia members and to their many helpers. The event provides a healthy,

These events are but some examples of the wide range of shooting and hunting activities engaged in by

Victorians of all ages and ethnic origins as well as interstate and overseas visitors. My electorate has shooting clubs in many locations, including Benalla,

Mansfield, Mount Beauty and Woods Point. We also have James Corbett, winner of the 2013 Queen’s Prize, living locally. Many of those involved in hunting are also avid conservationists, as exemplified by their efforts with the magnificent Heart Morass near Sale.

The Liberal-Nationals coalition government proudly and productively supports hunting and shooting, as evidenced by it delivering on its commitment to set up an independent game management authority.

Brooklyn industrial precinct pollution

Mr NOONAN (Williamstown) — The 2012–13 annual report of the Environment Protection Authority outlines its ongoing work to address odour and dust issues in Brooklyn and the priority of targeting dust generated from unsealed roads and verges whilst minimising the impact of pollution from local businesses in the area. This is important work, but sadly

Brimbank City Council is being thwarted in its efforts to seal Bunting Road in Brooklyn by a collection of businesses that are refusing to agree to a special charge scheme. Two of those objecting businesses are

Swanmont Pty Ltd and Bunting South Pty Ltd, which are part of the Sunshine Group waste management business.

In January this year two other companies under the

Sunshine Group’s umbrella, Western Land

Reclamation and Brooklyn Materials Recovery, were targeted by the Environment Protection Authority and issued with pollution abatement notices. Interestingly,

Brooklyn Materials Recovery has since been deregistered and a new company named Action

Recovery and Recycling has popped up. Despite only being registered a year ago, Action Recovery and

Recycling was awarded a very generous $500 000 taxpayer-funded grant by the Minister for Environment and Climate Change in July this year. This has led some in my community to ask why known polluters should receive the benefit of taxpayer funds to support and grow their businesses when those same polluters are hampering long overdue pollution abatement works,


Tuesday, 15 October 2013 such as the sealing of Bunting and Jones roads. This is an affront to our community and the environment, which for years has been exposed to excessive levels of pollution from the Brooklyn industrial precinct.

Century Club afternoon tea

ASSEMBLY

Mrs BAUER (Carrum) — It was my pleasure to have started the Century Club event in 2011. In excess of 150 centenarians have now participated in this very exclusive club. The third Century Club event was held on 30 September. To have so many wonderful

Victorians share their inspiring stories and memories has been extremely rewarding.

Some secrets to longevity shared by this year’s 100 to

107-year-olds include happiness, plenty of sea air and a massage once a week; do not harm anyone, steal, misbehave, tell lies or take alcohol; early to bed, early to rise; no smoking or drinking; home-cooked meat and vegies, fresh air, good living and plenty of fruit; being polite to everyone, church on Sunday and always barracking for Carlton; always having a project, everything in moderation and, most importantly, be happy; lots of hard work; enjoying a glass of wine or two; making the best of each day brings new experiences, and the love of your family means everything; eating lots of fish; a life of no alcohol and lots of gardening; living an honest life, helping others and an extremely happy marriage of 40 years to a wonderful partner; having a good wife of 60 years, a relaxed demeanour and a good sense of humour; live and let live, follow the footy and have an occasional brandy; make the most of every opportunity, join in and surround yourself with a wonderful family; be interested in life and, if possible, find work you enjoy; and eat, drink and be merry.

I would have also liked to hear the Minister for

Tourism and Major Events criticise the federal government over the fact that there is no federal minister for tourism. This is the first time in over

40 years that there has been no federal minister for tourism. That is quite disgraceful. To make matters even worse, the federal government has split the portfolio’s functions: international tourism goes with trade, and domestic tourism goes with industry and has to compete with all other areas of industry. Do we really think that there is going to be this great, effective ministerial support for the domestic tourism industry?

The reality is no.

Mr BATTIN (Gembrook) — On 12 October

25 years ago Victoria changed forever. Just hours before a call-out to an abandoned car in Walsh Street,

South Yarra, police had shot dead Graeme Jensen in

Narre Warren as he avoided arrest for armed robbery.

At 4.39 a.m. a call came in for St Kilda 311 to attend a routine job of the sort that police officers would attend every day. St Kilda 311 was busy at the time so

Prahran 311 took the call. Constable Steven Tynan,

25080, and Constable Damian Eyre, 26483, attended

Walsh Street at approximately 4.50 a.m. to investigate a

Commodore parked in the middle of the street with an open door. It appeared to be a stolen vehicle.

3307

It is disgraceful that the federal government has now defined multiculturalism as a welfare issue rather than something that defines who we are, unites us with the rest of the world, helps our economy and make us a stronger and better society. I would have liked to hear the Minister for Multicultural Affairs and Citizenship condemn this move and ask the Abbott government to correct it.

Federal government ministry

Walsh Street shootings anniversary

Mr PANDAZOPOULOS (Dandenong) — I have been waiting since the announcement of the Abbott ministry to hear the state government express its concern that there are no longer federal ministers for multicultural affairs or tourism. It is a great shame that this has happened. The Howard federal government abolished the position of minister for multicultural affairs until there was a community-based campaign to reinstate a minister with that portfolio. Now there is no minister. The portfolio has been pigeonholed as a welfare issue under the federal Minister for Social

Services, Kevin Andrews, and is not really about who we are as a country — a group of people from migrant backgrounds who work hard for this country and who also connect us with the world and describe who we are.

What happened next still puts chills down our spines. It was a callous, weak and disgusting act of violence against not only two young men doing their job but all

Victorians. Constables Tynan and Eyre were ambushed with no warning or opportunity to react. Two of

Victoria’s police family were gunned down in cold blood in an act of revenge. The events that took place on that cold morning affected the heart and soul of this state. Two young police officers, one only months out of the academy, had their lives cut short in an act of revenge.

My thoughts this weekend were with the families of constables Tynan and Eyre, as well as with the police officers who are out on our roads every day protecting the community. My special thoughts go out to all who serve or who have served at Prahran over the years.


3308

Every one of them still gets a cold chill when they drive down Walsh Street when working Prahran 311.

Mr

Sporting

PERERA club volunteers

(Cranbourne) — The winter sports season has come to an end. It is timely to congratulate not only the sporting teams that participated in sport

ASSEMBLY during the season but also the unsung heroes, not just those in my electorate of Cranbourne but across

Victoria. Mums and dads, brothers and sisters, grandpas and grandmas make the effort week after week to come out and not only support their family members who are participating in these sports but also volunteer their valuable time. Many mums and dads volunteer their time in many ways. Some run canteens and some take on an official capacity in their family member’s sport. It may be running the line at a soccer game, time-keeping at a junior football event or providing the oranges at half-time at a family member’s rugby event.

Time after time we hear about this season’s premiers.

However, we must also take our hats off to the local sporting organisations and the volunteers. I pay tribute to them. They are also heroes in my eyes. intensive support of members, working bees and the generosity of local businesses. This has rekindled the spirit that formed the track in the first place. I would like to thank the volunteers who have given up their weekends for almost six months to undertake a rebuild of the track, which has seen improvements to pits, lights and spectator areas. I look forward to the first meeting of the season on 16 November.

Mr last Saturday, and as usual it was a wonderful success.

There were displays of flowers, preserves, produce and baking. It was a truly spectacular event. Well done to

Mr

CRISP

CRISP

Cardross


— The Cardross spring show was held the community of Cardross.

Regional spring leaders show forum its leaders met in Mildura and brought together

Regional Development Australia chairs — —

The

— Regional Development Victoria and

DEPUTY SPEAKER member’s time has expired.

— Order! The

Cranbourne electorate roads

City of Hume Sunbury plebiscite

Mr PERERA — Time after time I get up in this place seeking much-needed road funding from the conservative government for the residents of the electorate of Cranbourne. However, my pleas fall on deaf ears. In three budgets the government has not invested a red cent in any of the roads — —

The DEPUTY SPEAKER — Order! The member’s time has expired.

Mildura speedway

Mr CRISP (Mildura) — The Mildura speedway is a

Mildura institution run by the Mildura Motorcycle

Club. The club was established in 1947, and after a number of events staged around the district it settled at

Johnson’s Bend on the edge of Mildura. A 400-metre track was established, and racing began. Improvements were made over the years by club members, but by the end of 2012 the track needed a major upgrade to lighting and the safety fence in order for it to be able to continue to hold international events.

Ms BEATTIE (Yuroke) — I rise today to express disgust on behalf of the residents of the Yuroke electorate at the abject failure of the Minister for Local

Government to apply any form of even the most basic governance to the Sunbury Out of Hume ballot. Tens of thousands of ratepayers and businesses across the electorate of Yuroke have received ballot papers with absolutely no explanation as to why and upon what they are being required to vote. This ballot is being conducted in a vacuum devoid of debate and explanation of the issues or implications of the outcomes of a vote that could see Sunbury secede from the City of Hume. Many people have brought their ballot papers into my office to seek guidance.

A vague reference to the Victorian Electoral

Commission website and a seven-word proposal is all that has been provided to electors, and anyone with a basic understanding of the electoral process could not possibly make an informed decision. The fact that the only directive for information that is given is via a website is discriminatory to anyone without access to or understanding of the internet.

Gavin Sedgmen, the president of the Mildura

Motorcycle Club, and his team went to work, and in

May this year the state government was able to announce funding of $200 000 from the Regional

Growth Fund. The club then went to work and has delivered extraordinary value for money with the

You cannot run a chook raffle in this state without a permit, and yet here we have a constituency being bound by a vote — presided over by the Liberal government — which has serious implications, both financial and in terms of service delivery, for all


Tuesday, 15 October 2013 ASSEMBLY 3309 residents of the city of Hume with neither a fact sheet nor an explanatory accompanying letter being provided.

This is straight out of the Robert Mugabe book of democracy, or it may come from Sergeant Schultz, who said, ‘I know nothing’, and that is — —


— Order! The in Footscray and Sunshine, it does nothing to provide support for that growth to occur. As a matter of fact we have a minister who has given approval for developments in Footscray of 31 storeys, when the skyline study suggests a limit of 14. This is a sham plan that does nothing to ensure that there is livability in a plan and strategy that the minister has said will guarantee livability.

Shindig at Mordialloc Life Saving Club

Ms WREFORD (Mordialloc) — I recently attended the Shindiggers reunion. Shindig was a Sunday night dance at the Mordialloc Life Saving Club founded by

Hazel Pierce in 1957. Hazel attended every Sunday dance for 22 years and has been at all the reunions since. I went to Shindig as a teenager. Well done to

Hazel and to the lifesaving club for running a fantastic reunion.

Parkdale Family and Children’s Centre

There is also no guarantee about transport infrastructure being put in place to recognise this growth as it occurs, and there is no strategy to deal with the increased truck traffic to and from the port. Nothing in this plan addresses the problems of the inner west. It is a hoax on the people of Footscray, a hoax on the people of

Sunshine and a hoax on the people of the western suburbs. This plan provides only platitudes; there are no answers for the people of Footscray. The minister should hang his head in shame. This document provides no answers and no solutions.

South Barwon electorate community facilities

Ms WREFORD — Kingston Mayor Ron

Brownlees, Parkdale Secondary College president Marc

Wilson and I turned the sod for the Parkdale Family and Children’s Centre, a $6 million project on the college site that will create three long day care rooms of

27-place capacity and two kindergarten rooms of

22-place capacity. Being co-located, it will provide great educational opportunities.

Rotary Club of Mordialloc

Ms WREFORD — The Rotary Club of Mordialloc recently invited me to speak about a day in the life of an

MP. I also spoke about the club’s great work for the community. It runs charity golf days, an art show,

Parkdale station working bees, the Victorian Gnome

Festival and more. Congratulations to president Len

Dawson and the team.

Mr KATOS (South Barwon) — I was delighted to join the Minister for Sport and Recreation in making community facility funding announcements in my electorate last Tuesday: $70 000 to upgrade the Barwon

Heads Village Park playground; $100 000 to redevelop the H. Blyth Field at Barwon Heads Village Park to improve the playing surface and install lighting and irrigation for Barwon Heads Soccer Club; $466 000 towards a new pavilion at the Geelong cycling criterium track in Belmont. People in Torquay will also benefit from $100 000 in common funding for a new natural turf soccer pitch, complete with lighting, at

Banyul Warri Fields.

Police and emergency services facility

Waurn Ponds

Woodlands

Ms WREFORD — Woodlands Golf Club held a centenary event on Saturday. Woodlands is a beautiful historic golf club that is very well run, as evidenced by its 100-year history. It has regularly hosted the

Victorian Open and the Australian amateurs championships. Well done to captain Lindsay Brown, general manager John Stamp and company.

Plan

Golf Club

Melbourne

Ms THOMSON (Footscray) — The Plan

Melbourne strategy document released by the Minister for Planning and the Premier is nothing but a hoax on the people of the west. Whilst it allocates growth areas

Mr KATOS — Last Thursday the Premier marked the beginning of the construction of a new

$15.6 million police station and SES complex in Waurn

Ponds. The Premier joined me to turn the first sod at the construction site that will create approximately

54 full-time jobs during the construction phase and create significant flow-on benefits for the Geelong community. Local company E. J. Lyons & Sons of

Geelong will build the facility due for completion late in 2014. The new 24-hour police station will initially accommodate 30 staff, and the SES headquarters and training facility will accommodate up to 60 SES personnel and will feature an operations room, training facilities and a large motor room.


3310

Pat Smith

Mr KATOS — I would like to congratulate Pat

Smith of Highton, who was named the 2013 Senior

Victorian of the Year. Pat devotes an enormous amount of volunteer time to UnitingCare Geelong and was honoured for her pastoral care and support for vulnerable people, for her coordination of emergency relief support and for establishing the education assistance program for disadvantaged young people in the Geelong region. headspace Sunshine

ASSEMBLY Tuesday, 15 October 2013 award. Well done Washer, Julie, Matt and the team at

Hendo’s Cafe.

Mr

Darcie

BULL and Damon Morton

— I congratulate Darcie Morton of

Marlo, who was recently crowned the Australian under-15 table tennis champion. On Sunday I presented

Darcie with a $2000 elite athlete travel grant, along with her brother, Damon, who is a world-class biathlete. The elite travel grants scheme is fantastic for regional athletes wanting to pursue ultimate sporting success on the world stage. I wish both Darcie and

Damon the best for their upcoming events.

Ms HUTCHINS (Keilor) — Last Friday,

11 October, I was pleased to work with and get to know many of the young people from the Sunshine Visy

Youth Hub in conjunction with headspace Sunshine,

Western YAC and Western YAG, in putting on a flash mob performance at the Sunshine Marketplace shopping centre. For those in the chamber who are unaware of what a flash mob is, it is an impromptu dance performance in a public place. This was one done with great pride and lots of energy to celebrate Mental

Health Week and promote headspace Sunshine. Many of the young people who participated had at one time or another used the services at headspace Sunshine, and performing in public when you are not a trained dancer is a big step by young people that takes a lot of courage.

They performed amazingly, and my heart swelled with pride at the smiles on the faces of those who participated and at the smiles in the large crowd that formed as the performance took place.

In a week highlighting mental health, the smiles that came to people’s faces showed that this project was a huge success for headspace Sunshine and the young people involved. Headspace Sunshine offers services to young people between the ages of 12 and 25 who need help with their health, are feeling depressed or anxious or are worried about drug or alcohol use. I acknowledge the beautiful performers who took part last Friday, in particular Sharny, Tenealle, Tara, John, Teisha, John and Blake.

Mr BULL — Keith Henderson was recently awarded a life membership of the Bairnsdale Cricket

Association. He is a very worthy recipient. Keith has been a great supporter of the game in East Gippsland as well as being a great administrator and a great fount of knowledge. I congratulate Keith on the award and recognise the great ongoing support of his wife, Bev, and the family.

Toorloo Arm

Mr BULL — With the fire season almost upon us and planned burning under way in East Gippsland, it was with great pleasure that I was able to announce a new tanker for the Toorloo Arm Country Fire Authority brigade last week. Toorloo Arm is just east of Lakes

Entrance. This announcement continues this government’s commitment to supporting local Country

Fire Authority brigades. The tanker is the latest of several new vehicles that I have had the pleasure of making announcements about and presenting to brigades in East Gippsland.

The

Country

Age

Keith Henderson

Music

Fire Authority

Victoria brigade

Awards

East Gippsland Business Awards

Mr BULL (Gippsland East) — On Friday I attended the East Gippsland Business Awards, a night that showcased the great enterprises throughout my region. I make special mention of Hendo’s Cafe, a fantastic

Bairnsdale business, which scooped the pool, and

Mallacoota Abalone Pearls Australia, for winning the judges award. Hendo’s managed to win awards in four categories, including the outstanding achievement

Ms KNIGHT (Ballarat West) — You cannot deny that Ballarat is an awesome place that produces awesome musicians. In nominations for the best regional act in the Age Music Victoria Awards, three of the five finalists are from Ballarat. Hunting Grounds,

Gold Fields and Yacht Club DJs have all been nominated. Not only have three of our local bands been nominated in their category, but Karova Lounge has also been nominated for the best regional venue award.

I think it is safe to say that the Ballarat music scene is really kicking it.

Shaun Adams, Karova venue coordinator, is quoted in today’s Ballarat Courier as saying:

PROFESSIONAL BOXING AND COMBAT SPORTS AMENDMENT BILL 2013


With the support of national touring acts, we have also been blessed to have the support of a great live music scene …

ASSEMBLY

I could not agree with him more. I am of the era of the

Bridge Mall Inn, or the Rat as it was known, and was lucky to be able to hear great local music there. The

Mavises, The Fat Thing, No Idea, Immaculata, The

Dead Salesmen and Wretched Child were just some of the bands I had the privilege of seeing. My kids now go to Karova and are experiencing bands just like those that have been nominated for these awards. I want to thank Karova, Hunting Grounds, Gold Fields, Yacht

Club DJs and all the local bands who perform there for providing my kids and their friends with wonderful experiences and lifelong memories. I hope that as a venue Karova goes from strength to strength, and I wish it luck in the upcoming awards. Congratulations to

Hunting Grounds, Gold Fields and Yacht Club DJs on their nominations. I say to everyone in Ballarat: hop on line and vote, and get around our local musicians and our local live music venue.

Mr NEWTON-BROWN — It was great to spend time with the students at Stonnington Primary School as principal for a day and to answer questions on politics and cyber safety. I received a grilling on politics from the students and continue to be amazed by some of the insightful ideas these kids have for our future.

3311

Mr NEWTON-BROWN — I attended the farewell party for Victorian athletes attending the third worldOutgames, which recently took place in

Antwerp, Belgium. The sporting events at the outGames offer a little more diversity than the Olympic

Games. Alongside hockey and synchronised swimming, categories also include bridge, inline skating and same-sex dancing. Events such as the world outGames emphasise the importance of inclusion, regardless of sexuality, gender, race, religion or political beliefs.

Anthony Traill and Rhiannon Murrie worldOutgames

Stonnington Primary School

Dianella Community Health

Mr NEWTON-BROWN (Prahran) —

Congratulations to Anthony Traill and Rhiannon

Murrie from MCC Hockey club, who were awarded

Male Umpire of the Year and Female Umpire of the

Year respectively at the 2013 Hockey Victoria Awards dinner at the MCG recently.

Blessing of the animals

Mr McGUIRE (Broadmeadows) — I am concerned that funding for Dianella Community Health’s mental health services will be cut and vital jobs will be lost under the Victorian government’s tender process that appears to be designed to force providers to do more for less but risks the quality of the services and the necessary established bonds between providers and clients.

Mr NEWTON-BROWN — I was pleased recently to attend the 20th annual blessing of the animals at

St James the Great Anglican Church in St Kilda East with the members for Bayswater and Caulfield. This event is celebrated on the feast day of St Francis of

Assisi, who is the patron saint of creatures great and small. Father Kelly and festival patron John-Michael

Howson led the ceremony, which included a street procession to the churchyard gardens, where every pet, including the member for Caulfield’s blue-tongue lizard, received an individual blessing and a St Francis medal.

The DEPUTY SPEAKER — Order! The time for members to make statements has now expired.

PROFESSIONAL

SPORTS

BOXING

Second reading

AND

AMENDMENT

COMBAT

BILL 2013

Debate resumed from 5 September; motion of

Mr DELAHUNTY (Minister for Sport and

Recreation).

Prahran Greek Orthodox community

Mr NEWTON-BROWN — Congratulations to the

Greek community of Prahran at St Dimitrios in Prahran for securing a grant of $15 000 through the Victorian

Multicultural Commission’s buildings and facilities improvements grants program. Father Kourabis and his team will use the grant to renovate the kitchen area, which will then be used as a soup kitchen to serve

Prahran’s most vulnerable community members.

Mr EREN (Lara) — I rise to speak on behalf of the

Victorian parliamentary Labor Party, the opposition, on the Professional Boxing and Combat Sports

Amendment Bill 2013. I would like to indicate at the outset that the opposition will not be opposing the bill.

This bill comes to the house having some public prominence, and although it is a good step in the right direction, more needs to be done to strengthen the boxing and combat sports industry in Victoria. We need more than an act that increases the regulatory burden.


3312

The question I put to the minister is: who has been consulted in relation to establishing this bill we have before us today? It is my understanding that there has been minimal consultation with stakeholders, which is consistent with the approach to decision making this government has taken.

ASSEMBLY Tuesday, 15 October 2013 and combat sports to be run by people of good character and reputation. This is important not only to ensure that community expectations are met but also to uphold safety while reducing the risk of malpractice.

The bill amends the Professional Boxing and Combat

Sports Act 1985 to strengthen controls relating to the probity of industry participants. The amendments primarily relate to the criteria for issuing licences to participate in the industry. The bill inserts a new definition for ‘prohibited person’ to define circumstances in which a person is automatically prohibited from obtaining or holding a licence under the act. These circumstances include being convicted of an indictable offence and sentenced to imprisonment for 10 years or more; having a comparable conviction and sentence in another state or territory; or being subject to a control order under the Criminal

Organisations Control Act 2012, either as an individual or a member of a declared organisation or a corresponding order in another state or territory, or being subject to an exclusion order made by the Chief

Commissioner of Police under the Casino Control Act

1991, the Racing Act 1958 or a corresponding order in another state or territory.

Clause 6 of the bill substitutes a new section 6 in the principal act. Substituted section 6(2) indicates that the application for a licence must be accompanied by prescribed documents, including a certificate specifying any criminal history of the applicant — for example, a national police certificate. I would like the minister to respond to this question: is there an agreement or an understanding of information sharing between the states and territories in relation to accessing this information or applying this law? Whilst we welcome these changes, I wish the government were as fast at bringing in the changes we all know are necessary to improve safety in combat sports, not just the changes it believes will assist in removing some malpractice.

In 2001, in his contribution to the debate on the

Professional Boxing and Martial Arts (Amendment)

Bill 2001, the member for Hawthorn strongly outlined that that bill did very little and was another missed opportunity. Today the government has an opportunity to make a difference and make some changes to the sport that will benefit it going forward. Unfortunately, instead of doing that, the government is not doing enough. Much more could be done with this bill while we have the opportunity.

To get back to the issue of safety, what about the safety of the fighters in combat sports? There has been a lot of discussion recently about the safety of the mixed martial arts (MMA) community. The minister is well aware of issues in relation to safety in combat sports, and he is aware that it needs to be seriously considered and improved. He definitely knows that, because he gets that advice from the Professional Boxing and

Combat Sports Board. The minister needs to take that advice from his board. As I understand it, the

Professional Boxing and Combat Sports Board has made a recommendation to the minister that organisers of MMA events be required to use a specifically designed, enclosed structure to replace the current use of a conventional boxing ring.

In 2007 the Labor government made some changes to the legislation relating to enclosures, and it made a determination that it deemed appropriate. When you look back to the situation at that time and during the following five to six years, you see there has been a dramatic increase in not only the participation rates in

MMA but also in the number of events that now regularly occur. The number of events happening throughout Victoria has increased by over 100 per cent.

Unfortunately organisers of those events are forced to use a conventional boxing ring, and at the end of the day the stakeholders involved in that particular combat sport have indicated that that type of ring is an unsafe one in which to practise mixed martial arts.

A number of issues need to be looked at. As I have indicated, many more events are happening now that include MMA rather than conventional boxing as we know it. These events have bouts of kickboxing and bouts of MMA, and they are all fought in the same ring.

As I have indicated on a number of occasions, combat sports are not everybody’s cup of tea, and if you are not into combat sports, you are not going to like boxing, kickboxing or MMA. Nevertheless, MMA is a very popular sport. In fact it is the fastest growing sport in the entire world, and that does not exclude Australia — we are very much up there. The sport attracts female participants, who take it up for fitness purposes and self-defence — not everybody jumps in the ring and decides to be an MMA champion.

In his second-reading speech the minister indicated that the Victorian government wants professional boxing

Currently in this state we have a situation where participants in MMA are not allowed to practise their sport in a safe environment. It needs to be understood that MMA is a contest where there are a number of


Tuesday, 15 October 2013 is very strictly regulated. It is a highly skilled sport,

ASSEMBLY different rules to ensure that fighters are safe; the sport which mixes wrestling, taekwondo, judo and boxing.

Concerns have been brought to my attention, particularly in relation to the safety of those fighters, and I think the minister is aware of them because they were raised with him by his own board. Under current

Victorian rules the boxing ring is legal for combat sports. However, it is possible, and in fact it is seen regularly on YouTube and the internet, that fighters are thrown through the wires of a conventional boxing ring and potentially face the prospect of serious injury, ironically as of result of hitting their head on the ground, particularly concrete. The enclosure would certainly assist in making sure existing safety hazards for those fighters are eliminated, and that is what they are calling for. I would have hoped that, in introducing this bill to the house, the minister would have made some minor changes as a result of the request by his own board in relation to the safety of our sport. are part of the regulatory controls over professional boxing and combat sports. As I understand it, New

South Wales, South Australia, Western Australia and

Tasmania have similar regulatory controls, and I suppose we are now following in their footsteps to make sure that we are in tune with what is going on in the combat sports world. I point out that we in Victoria should be leading the way in relation to all of the advances in this area, not following other states and territories. I wish on occasion we could act as if we were the sporting capital of the nation.

Ms

Mr EREN — I inform the house that we used to be the sporting capital of the world, but I think we have lost that to London, so we are now second.

Mr

Mr

McLeish

Delahunty

EREN

interjected.

interjected.

3313

— I am just pointing out that we are not anymore. I agree with the minister that we should be.

There are also benefits that flow to the economy from

MMA events that come under the jurisdiction of the

Ultimate Fighting Championship (UFC). For members who do not know, the UFC is a pay-per-view service that costs about $35 per event. It is not just on Foxtel; you have to specifically buy that service to watch that event on Foxtel. Hundreds of millions of people right across the globe watch this sport. Currently the states of

Queensland, New South Wales and South Australia benefit economically from UFC contests being held in those states. Victoria and Western Australia are now the only two places in the world that do not comply with

UFC requirements. As I understand it — the minister would be aware of this — there have been some discussions between UFC and Etihad Stadium. As soon as they get a tick to have that enclosure they think they could potentially fill Etihad Stadium with

53 000 people to watch that contest.

A local Greek boy, George Sotiropoulos, is a UFC champion. He is a very good man who will be in a contest on Sunday. I wish him all the best. He has indicated that he has not got much longer to go in his career. He is a champion, a well-regarded person and in particular an icon of the Greek community in Victoria.

He would very much like at some point to fight in front of his home crowd in Victoria, so he is pleading with the minister to change his mind on the enclosure rule.

Returning to the bill, a number of different aspects of it will enable the Professional Boxing and Combat Sports

Board to consider whether a person is a fit and proper person to hold a licence and whether it is in the public interest for that person to hold the licence. These tests

Mr

Mr

Delahunty

EREN

interjected.

— The minister also acknowledges that we are now second, so we need to get back to being no. 1. It is very important to make sure we lead the way, because we deserve to be the sporting capital of the world and the nation, and all of these things are an indication that we are slipping. All I am saying is that we need to lead the way.

Given that those opposite felt the need to remove parts of the Professional Boxing and Combat Sports Act

1985 when they were in government back in 1996, I would like to point out that the fit and proper test that they now want to implement was removed by the

Kennett government when it was in power. I find it ironic that the current Minister for Innovation, Services and Small Business was the Minister for Small

Business back in 1996 and that when she first read the bill and led the Legislative Council debate she took an ideological position, arguing in favour of reducing regulation. She especially made the point that anything that results in a reduction of licensing and regulation is a highly desirable outcome. When we fast forward some 17 years, we see that the fit and proper person test has been reintroduced and that the industry is facing more regulation and controls than ever before. It is ironic that some of those people who were allowed to get their licences back then are now regarded as big bad guys who should not have their licences. It is very ironic that the same member who spoke about relaxing these laws now gets up in this place and says we should strengthen them.



The bill introduces a requirement for timekeepers to be licensed, on the register of the board and approved by the board. The licence is in addition to licences for adults to act as the promoter, matchmaker, referee, judge and trainer. The previous practice was that a timekeeper did not have to be approved by the board; they could be approved at ringside or at the weigh-in by the Professional Boxing and Combat Sports Board member who attends each event. As indicated to me by stakeholders, there is no reason why that board member could not continue to take on this responsibility and provide an interim licence in the case of emergency so that the event could go on. public interest to issue a licence to that person. The chief commissioner must outline reasons to the board so that it can have confidence in relaying that advice when making a decision. The bill also requires the board to give written notice of its decision, including providing reasons for that decision, to a person who has been refused a licence. However, the board must not disclose any protected information when giving reasons for its decision, and if the reasons for the decision are based on protected information, the written notice must specify that reason and state that it is based on advice from the chief commissioner.

I understand that the reasoning behind now including them — and I do not want to underplay the importance of a timekeeper role — is that it is considered to be one of the menial tasks that could be performed by many people in case of an emergency. However, I understand that tightening some of the regulations around timekeepers is necessary to ensure the integrity of the competition. It has also been highlighted to me by stakeholders that country and regional Victoria promotions will be most impacted by this change because they have to wait at least 28 days to acquire a timekeepers licence from the board. This could result in promotions being cancelled.

The government needs to ensure that promotions are handled correctly and that enough adults are licensed accordingly or hold multiple licences at regional events to step in just in case of an emergency. The bill does not specify how much a timekeepers licence will cost. I hope some more information will be provided in an appropriate time frame to clarify that, as the industry does not know and stakeholders do not know what the costs of these licences will be.

The bill also provides for application forms to be changed so that pertinent information can be sought from people when they apply for a licence, and it provides for the board to request further information from an applicant before a decision is made. The bill now requires all applications for a licence to be accompanied by prescribed documents, including a certificate specifying any previous criminal activity by the applicant.

As part of considering the probity of applicants, the bill provides for the board to refer applications to the Chief

Commissioner of Police, who will provide written advice within 28 days. The advice may take a number of forms, including advising that the applicant is automatically prohibited from obtaining a licence, giving a view that an applicant is not a fit and proper person, or advising whether it would be contrary to the

This advice from the chief commissioner to the board will be protected under provisions in the event that the board’s decision is reviewed by the Victorian Civil and

Administrative Tribunal (VCAT). The bill also outlines changes in the process by VCAT. If it receives an application for review of a decision by the board to refuse, not renew or cancel, a licence, then VCAT must ask the board whether the reasons for its decision were based on advice from the chief commissioner. If that is the case, VCAT must ask the chief commissioner whether any of the advice provided to the board was based on protected information. If this proves to be the case, VCAT must follow special procedures to protect sensitive information. These provisions are primarily based on the Private Security Act 2004.

I do not want to be a cynic, but I certainly would ask a question that would arise, for example, in the case of a person who does not have a criminal record and has not been convicted of an indictable offence and sentenced to imprisonment for 10 years or more, has not been subject to a control order under the Criminal

Organisations Control Act 2012 and has not been subject to an exclusion order made by the Chief


1991 or the Racing Act 1951. If this person’s interest was not to be a licence-holder but was based on an ulterior motive to find out if there was an ongoing investigation, that would be an easy way to find out.

What would happen if, for example, we inadvertently gave to the said person information that they were being denied a licence even though they had not committed any of those offences? That would indicate to him or her that at some point they were being investigated.

I am not sure how you get around that. I suppose in cases where particular people are denied a licence and, as I have indicated, have not committed any of these offences — which would mean legally they should not be denied anything — unless there is a sufficient investigation that cannot be revealed that person then says, ‘That’s all right; I have just found out that the


Tuesday, 15 October 2013 police are investigating me for some reason’. I am just putting the question of how you might inadvertently give some information that could be sensitive.

ASSEMBLY 3315 national framework for combat sports that needs to be considered.

I will turn back to the bill in relation to the sections that provide for the board to vary, suspend or cancel existing licences if it determines that an existing licensee is not a fit and proper person, or that it is not in the public interest for that person to continue to hold a licence. If this occurs and the person has failed to meet the probity requirements, they will be barred from reapplying for at least 12 months. In addition, the bill also prohibits a promoter from either employing or entering into any business relationship or arrangement in a professional context with any person who has been refused a licence or had their licence cancelled because they are not a fit and proper person to hold a licence, or because it is not in the public interest for that person to hold a licence. Given that this person cannot be directly employed or have a licence, does this mean they can sponsor? I know there has been some media concentration on this particular area, but this legislation will not, cannot and does not completely exclude from the industry people who are not fit and proper. There are still some loopholes within the bill before the house that will allow people to play a large part in the industry, such as through sponsorship.

It is a shame that the minister has not made it his personal duty to spearhead this at meetings of commonwealth sports ministers. Labor has indicated that it will push very strongly for a national code that includes regulating both amateur and professional combat sports, a common approach regarding medical supervision for bouts, blood and drug testing and how often a fighter can compete, and for all state bodies to have access to this information, amongst other things. If we want to improve safety in the sport, as the minister says, these are vital reforms we need to consider. We need lots of consultation with stakeholders.

We are getting on with the job of making our policies after listening to stakeholders. I bring that up in terms of uniformity and harmonisation federally, and of the states and territories particularly. For example, if a fighter fights tonight in a boxing ring and gets concussed or knocked out, there is a period of time during which that boxer cannot get back into the ring unless he jumps on a plane. He can be in Queensland in

4 hours and he can have another bout on the same night and no-one will know. That is a serious problem.

Mr Delahunty interjected.


Mr

The

The

ACTING

ACTING SPEAKER ( Mr McIntosh ) —

Order! What I am saying is the member should not take the bait.

SPEAKER ( Mr McIntosh ) —

Order! The member should ignore interjections.

Mr

EREN cannot — —

EREN

— I am just saying that if a person

— What I am trying to — —

Mr EREN — I am just saying that unless there is some uniformity, understanding and consultation with other parts of Australia, it is going to be very hard to make the sport totally safe, and we need to make sure we are on top of these issues. It is very much about consulting and listening to the sector. We have changed our policy position to move with the times; we have to keep our finger on the pulse. We need to listen to the sector and try to benefit from it while at the same time making the sport a lot safer not only for the participants but also for the people who go to the events or watch them at home. It is very much about making sure we can benefit economically from the sector. That is why a sporting organisation like the Ultimate Fighting

Championship (UFC) is very serious. These events are watched by millions of people around the world.

Mr EREN — Through the Chair, if I could just highlight some of the questions that have been asked of me in relation to this, I am pointing out that there are still liaisons that occur where a person who is alleged to be somebody who is not fit and proper to be engaged in the industry is still engaged in the industry. It is not a big secret; I think the minister opposite reads the papers, watches the news and listens to the radio. This has been all over the news, and that is all I am highlighting to the minister — that is, as much as he may want to cover loopholes or whatever, he clearly is not covering all of the issues in relation to trying to make this sport a lot better than it is perceived to be. I am just highlighting to the minister some of the possible inadequacies of the legislation. There is a

It is very much about contracts being signed with

Etihad Stadium to get in 53 000 people. By the way, on that point, according to UFC’s information, when these events happen in Queensland, New South Wales and

South Australia, 40 per cent of the people who attend the events are from Victoria, so we are losing a lot of money in relation to these events. There are states that are benefiting from them. We are considered to be the sporting capital of the nation, and we have a champion in George Sotiropoulos, a Greek god in the sport, if I


3316 ASSEMBLY Tuesday, 15 October 2013 can call him that, saying, ‘I would love to compete in my home state’. There are a number of factors that we need to consider.

The minister is more than welcome to take any of our ideas and run with them, because it would be for the good of the state. I know he listens to his board on occasion, and he should listen to his board more often in relation to some of these events. The sector would benefit from some incentives from government. It is not all about trying to make it tougher and burdening the sector with red tape and regulation to try to push people away. It should be more about making the sport safer, having integrity and making sure we cover all bases in terms of keeping it clean, but at the same time it is incumbent on the state government, which requires all these changes, to think about supporting the sector in some way and not excluding it from consultation, as has happened.

I have 14 seconds to go. I wish the bill a speedy passage, but it would be good if the minister could answer some of the questions I have put during my contribution.

Mr BATTIN (Gembrook) — I rise to support the


Bill 2013 and I note that the Minister for Sport and

Recreation is at the table. It is wonderful to see that so many members have come into the chamber for such an important bill. All our friends in the media are here because they understand how important this bill is to

Victoria, to boxing and to our economy. I thank them for that.

I am not sure how much consultation there has been with the sector in relation to the bill. I have spoken to a lot of members of the sport. They do not disagree that we need to tighten up the regulatory burdens in terms of the integrity of the sport, which is paramount. They want it to be cleaned up as much as possible. However, having said that, they would have liked at least a little consultation in order to have their concerns heard. One of the concerns, as I indicated before, is about timekeepers and how much of a concern they could potentially be, particularly for regional Victoria in conducting their events. If there is an emergency and a timekeeper cannot make it, the event is off, and that is a lot of jobs and a lot of money for regional areas. We have to make sure we give the sector assistance, not just make it harder for those people.

The government requested a review into professional boxing and combat sports and a review into the criteria related to gaming and the licensing of someone to act as a promoter in Victoria because it understood how important boxing is to the state’s economy. It is important to note that the original act and the first statute in Australia to control professional boxing contests followed the death of a young boxer at a tent fight in 1974 in Geelong. That legislation was introduced in 1975 and it put in place the first laws to protect fighters and measures to increase safety. That is something we want to continue today. We need to ensure that we have the best safety measures in place for competitors in any of our combat sports.

In Victoria in 2011–12 approximately 74 promotions were held, ranging from very modest events in hotels and halls to televised events that were broadcast to thousands of people across the state, across the country and sometimes across the world. This proves how important the industry is to our economy, and if it is managed correctly, I am sure it will stay important to our economy in the future. It is very important with the obesity epidemic we have at the moment. We in this state are getting fatter and fatter, and we need to make sure that people are more active more often. The minister knows his catchphrase better than I, but they are not just words; it is about action as well. The minister needs to make sure we invest heavily because every $1 spent in sport is $4 saved in health. Combat sports, whether it is mixed martial arts, judo, wrestling or any of those combat sports, play a critical role in making sure that the health of the community is intact. They help to control our obesity epidemic. If we make it harder for these sports, then obviously a lot more people will decide not to be active and will put on weight and cost the system a lot more. I urge the minister when he brings bills like this to the house to attach a little incentive to them to make sure the sector does not shrink but grows.

To give members some of the history leading up to where boxing is now, I point out that at the time the report was provided to the Premier and cabinet there were 45 licensed promoters. To protect boxers there is a requirement that one or more of the current board members is present at each of the events. It is important to have someone who is on the board at the event to manage it, to see what is happening and to ensure that the correct procedures are followed. This is to protect those involved in any of the combat sports. As I said, we must not forget that this legislation is about protecting the competitors.

In addition to promoters there are 32 matchmakers,

44 referees, 76 judges and 232 trainers, as well as over

1200 contestants in combat sports in Victoria. The current act provides that the state board must issue a


Tuesday, 15 October 2013 ASSEMBLY 3317 licence to act as a promoter to any person who fills in the paperwork correctly and pays the fee. So the current situation is that if you fill in the paperwork correctly and you do everything right you will get a licence. This legislation will stop that practice and introduce for the first time in Victoria a proper and fit person test. With the current state of the industry it is important that we put this test in place to ensure that any person applying for a licence is tested to ensure they have a proper and fit character. The board will then have discretion as to whether or not it issues a licence. This will protect the industry and its image. This legislation ensures that any person who is looking at promoting events will be someone who can not only promote the event effectively but who will put the safety of contestants first.

One thing we know is that as Victorians we love our sport, and combat sports are part of that whole family of sport. We are lucky to have three very good organisations that have very strict procedures and policies in place to protect the safety and integrity of their competitors. This bill brings boxing and combat sports in line with the AFL, Cricket Australia and

Racing Victoria, three organisations in Victoria that currently have an outstanding reputation for ensuring they have policies and procedures in place to investigate should anything untoward arise.

This new bill will allow police to offer a view on all applicants. When someone applies for a licence the board will discuss whether they need to undergo a proper and fit person test. It is important to note that, as with other licences, an applicant who is denied a promoter’s licence has the opportunity to appeal against that decision at the Victorian Civil and Administrative

Tribunal. If the application is denied based on information from the police, it is important to note that any information the police put forward as a reason why someone does not meet the proper and fit person test may be protected.

Another area of interest in this bill relates to the connections of a promoter of an event. It is important to note that information will need to be provided on who a promoter will be doing deals and sponsorship with. We may hear of people trying to be a sponsor, and we need to put the message out there that should someone who is a promoter engage in a business transaction with someone who does not pass the proper and fit person test, their licence as a promoter may be affected. People coming into the sport are generally in it for the betterment of the sport, and we have good, effective promoters out there. When they enter into any business transactions it is also vital that they look for people coming on board who are promoting the best safety measures within the sport.

The police may put information on the table that is protected and confidential and it is not in the public’s interest to release that information. The police will have an opportunity to remove that information from any application to protect that confidentiality. Victoria

Police has been consulted on this legislation. There have been discussions on amendments to the act to ensure they are satisfied with the protections in place regarding confidentiality if the information they provide puts at risk another member of the community, an investigation or a case they are working on.

This bill has been discussed for quite a while to ensure that through it we improve the integrity of combat sports. One of the most important factors in these types of sports is people’s perception of them. This bill will ensure that practices are in place to protect the perception of combat sports in Victoria, including boxing. We understand how important boxing is; we understand how important all sports are in Victoria.

This is yet another sport that is fantastic for the

Victorian economy.

Another important part of the legislation which also involves the police is concern about information relating to an applicant becoming public. This bill contains provisions to ensure that penalties are in place if any information is leaked. If a board member or employee of the department inappropriately discloses information relating to the probity of an applicant they will be liable for a fine of 30 penalty units, which is currently equivalent to $4330.80. The bill also proposes to add to the duties of a promoter under section 13 of the act, and failure to comply would make the promoter subject to a fine of up to 120 penalty units, currently

$17 323.20, or 12 months imprisonment.

As I said before, this amendment bill allows any information provided by Victoria Police in its input to be protected. I know that during our discussions that was one of the big points that was put forward — the need to ensure the protection of any information put forward by the police. I know from working with the

Minister for Sport and Recreation on this bill that the

Chief Commissioner of Police will have the opportunity to ensure that such information is withdrawn.

As I said in my contribution, I support the bill going forward. We understand that the idea of the bill is to ensure that we have a system with integrity that is in line with what occurs with our three lead agencies in

Victoria, that people have confidence in boxing and combat sports in the state and are able to make good

RULINGS BY THE CHAIR

3318

Debate adjourned

(Kororoit). on motion of Ms KAIROUZ

Debate adjourned until later this day.

ASSEMBLY investments in promoting these sports throughout the state, which will be a good thing for the Victorian economy. With that short contribution, I wish the bill a speedy passage.

Tuesday, 15 October 2013 irony is not lost on me that this bill deals with integrity of sport. One of the interesting things about this sport — and I certainly recognised this when I was sports minister in the other place — is that it is traditionally a sport of colourful characters, of individuals who are committed to it for a variety of reasons, and that it therefore needs to be regulated heavily.

The

RULINGS

Parliament

SPEAKER the house. I have an extract from will read to the house:

BY THE

House

CHAIR incident

— Order! Following an incident outside Parliament House earlier, I have reviewed the video footage. I advise the house that the police are now investigating the incident. I also wish to advise the house that it is a contempt of the Parliament to interfere with a member of Parliament either inside or outside

Erskine May, which I

It is a contempt to molest a member of either house while attending the house, or coming to or going from it, and in the

18th century both houses roundly condemned ‘assaulting, insulting or menacing lords or members’ going to or coming from the house or trying by force to influence them in their conduct in Parliament. Members and others have been punished for such molestation occurring within the precincts of the house, whether by assault or insulting or abusive language, or outside the precincts.

Without saying too much, I have concerns, and I assure members that I am going to look after their protection. I will protect them, certainly while they are entering this house.

Mr Merlino — In relation to the 80-year-old and in relation to my point of order earlier this day, I ask whether you, Speaker, will release the CCTV footage to

Victoria Police.

I put on the record my sincere thanks to the chairs of the then Professional Boxing and Martial Arts Board of

Victoria during my time as sports minister, Ron Casey and Bernie Balmer. Their task was not an easy one. The industry is one of colourful characters, of individuals who enjoy the sport and want to be involved in it. They are often volunteers of varying competencies — and that is not a criticism — with the hard-nosed character that goes with the sport. Combat sports, whether boxing or other combat sports, are often romanticised. There is the myth of the outsider, the battler, someone from the other side of the tracks — the underdog. There is the notion of the great comeback — a great test of character. The story of the great contender is not about what you have been but about what you are or what you might become.

The history of these sports arises out of bare-fist fighting. There is nothing glamorous about that. I believe it was in 1867 that the Marquess of

Queensberry introduced rules to give order to the notion of bare-fist fighting and turn it into what was then known as prize-fighting. In a sense the emphasis of prize-fighting has not changed that much. It often involves characters who do not necessarily have many skills other than the ability to fight on their feet. They are often the ones who seek to draw an income, or at least test the opportunity to draw an income, from the likes of prize-fighting, boxing or professional fighting, as opposed to amateur fighting, which is conducted in the Commonwealth Games and the Olympics.

The SPEAKER — Order! The footage is now in the hands of the police, and they are considering charges. They are investigating the incident.

PROFESSIONAL

SPORTS

BOXING AND

AMENDMENT

Second reading

COMBAT

BILL 2013

Debate resumed from earlier this day; motion of


Recreation).

Mr MADDEN (Essendon) — Today I am making a contribution to the debate on the Professional Boxing and Combat Sports Amendment Bill 2013, and the

The issue is that often this sport attracts individuals who come from difficult circumstances and who want to challenge themselves and the rest of the world by taking on other contenders, and who hope that by doing so they might make an income. The history of the sport shows that the people involved in it often do not come from privileged backgrounds. Sometimes it is their last opportunity to make something of themselves, which in itself is a great test of character because it shows that they have not given up on themselves. Such people set about testing themselves and testing their opponents in order to become great contenders. In a sense boxing is a sport that often attracts the marginalised in society, which is why American professional boxing attracts so many African-American boxers who make good.



Muhammad Ali, a prominent boxer at the end of the last century, was seen as such a powerful force for good not because he was a boxer but because he became a spokesperson for all the downtrodden and disadvantaged individuals who could rise above their circumstances and become something more than just a boxer, or pugilist. In a sense that is the great romantic vision of boxing, but in many ways I have been talking about the atmospherics of the sport. We should remember that for every champion who rises above, there are thousands of boxers who will never have that opportunity, including many of limited ability who throw themselves into the ring and end up being poleaxed or beaten to a pulp. I have mixed views about the sport. The sport is one that glamorises its heroes, of which there are very few, and many other participants in the sport are left by the wayside, including many who are led to believe they can be something more than they are and in a sense suffer the consequences. and at the end of the day you have to have enough people to administer that regulation and control.

I hope this highly regulated area does not place an undue burden upon participants in the sport, upon volunteers or upon those who might draw an income from it. However, we need to be mindful of certain issues. We need to ensure that participants in boxing and combat sports continue to be protected. Victoria has been a leader in this field, but I am not sure that it is any longer. Nevertheless, I hope this legislation puts us back in that position. I hope so, but I cannot be sure.

I know that other states lagged behind Victoria, which was a leader in terms of regulation. Many states romanticised the notion of Jimmy Sharman’s boxing troupe so much that they did not regulate the sport, to the extent that anybody could walk off the street into one of the tents at an agricultural fair or festival and have the hell knocked out of them by a professional boxer or someone trying to be a professional. Often those people were naive amateurs who wanted to throw themselves into the ring, probably after having a few sherbets.

Because of that, we in Victoria have gone to great lengths over many years to regulate the sport, and it has been very important to make sure that we regulate controls on the sport for the health and safety of those who participate in it. The provisions in this legislation are an extension of that process to see greater control and regulation in the administration of the sport. It is timely legislation, because in recent times — at the national and international level — we have all seen issues arise which relate to organised crime’s attempts to make inroads into sport by manipulating the results or manipulating participants in the sports. Because of this, it is important to make sure that we set in place a structure that ensures that not only are participants protected but also that the sport itself, in whatever manifestation it may take, is regulated so that people can have confidence in it.

The issue is that we have to protect boxers and participants in combat sports. We also have to make sure that the administration of such sports is regulated, but not to the point where we destroy them. If a sport is not regulated in a manner that is balanced and fair, then it could be pushed underground, which I understand was the case for many years at the end of the

19th century, even after the introduction of the

Marquess of Queensberry rules. Apparently boxing went underground for a while and was brought back into the limelight so that it could be regulated and controlled.

With that, I wish the bill a speedy passage, and I will be very interested in seeing whether the government is able to deliver these regulatory controls in a way that does not create greater problems for the participants in such sports, including volunteers and sports administrators.

Nevertheless, I am a little concerned that the introduction of this legislation is a knee-jerk reaction to the way one colourful character has presented himself in the media, which may have led the Premier to feel that he needed to address this matter quickly. I hope the department has been developing this legislation for a while and that it is more than a knee-jerk reaction. I also hope that once this legislation has been put through the Parliament there will be full and frank discussions with the industry about how the legislation will be implemented and how the regulation will be undertaken, because I suspect that some challenges will arise; indeed some have already been highlighted by the member for Lara. I refer to the technical issues of putting this legislation in place, particularly given the fact that so few individuals regulate and control the sport. Volunteers and people on the ground will have to ensure that they comply with the regulatory controls,

Mr SOUTHWICK (Caulfield) — It is my pleasure to rise to speak on the Professional Boxing and Combat

Sports Amendment Bill 2013. I note that the Minister for Sport and Recreation is in the chamber today, and I would like to congratulate him on his tidy work in delivering this very important bill to the house.

The bill proposes to protect the integrity of boxing and combat sports. It is about sending a clear message to not only all those involved in these types of sports but also people involved in all of the various codes of


3320 ASSEMBLY Tuesday, 15 October 2013 sports that we play, support and promote within

Victoria. We want to ensure that they are protected, because Victoria has a great history when it comes to sport. Sport is certainly a big business when it comes to tourism, and Victoria has a significant reputation not only in Australia but around the world.

Victoria has hosted events like the Australian Open

Tennis Championships — which in 2013 injected

$238 million into the state’s economy — the Australian

Formula One Grand Prix, the AFL Grand Final; the

Australian Masters Games in Geelong and the recent match between English Premier League club Liverpool and Melbourne Victory, which netted in excess of

$10 million in economic benefits for Victoria. The list goes on in terms of the significance of sport and the economic benefit it brings and also in terms of the number of viewers, spectators and people who support the various sporting codes that we play.

232 trainers in addition to over 1200 contestants. Many people participate in this sport.

The Professional Boxing and Combat Sports Board ensures that bouts are properly sanctioned and that rigorous standards are maintained around the competitions. With this legislation we are ensuring that only a person deemed fit and proper may promote a boxing or combat sports event or hold a licence. Some of the changes made by this bill include the establishment of probity checks for promoters, matchmakers, referees, judges, trainers and timekeepers. This is to ensure that those involved in all facets of the event possess integrity and pass the proper checks and balances.

The previous speaker, the member for Essendon, outlined some of the history of boxing and combat sports. Looking back to the 1800s, members can see that boxing was certainly very significant. In a village-type setting on a Sunday people would stand up, bare knuckled, and engage in combat sports. Jem Mace, who was recognised as a world heavyweight in the

1800s, recalled that in his youth there was not cricket or football; for him the real sport was boxing. He said that people would turn up on weekends to frequent boxing competitions of varying levels.

In the 1860s in the US there was a fight between

American John C. Heenan and Englishman Tom Sayers which went for some 37 rounds before the ring broke.

Heenan broke his right shoulder during the bout but kept going. After another five rounds Heenan lost the use of his arm for the rest of his life. Back then it was a very combative sport. It was pretty bloody, and there was very little regulation. I think all those in the chamber would agree that we have come a long way in the years since. Boxing has continued to grow, develop and be promoted.

There are automatic bans for holders of professional boxing or combat sports licences if they do not meet specific criteria. The board may obtain advice from

Victoria Police on the probity of applicants and licence-holders. This gives comfort to a lot of people. It obviously gives comfort to people who are participating directly in the sport and also to those who are viewing the sport. I think all members would agree that no matter what sporting code we are talking about, we need to make sure it is fair and balanced and that we have people with the right intentions and sound integrity involved in playing and promoting that sport.

That is what this bill goes a long way towards doing. It ensures the integrity of those who are involved in boxing and combat sports. Other states have also clearly recognised the importance of this. New South

Wales, South Australia, Western Australia and

Tasmania each have fit and proper persons tests as part of their regulatory control of professional boxing and combat sports.

In Victoria such tests exist in other industries. Industries involving firearms, gambling, liquor sales, private security, real estate agents and motor car traders all have that fit and proper test. When we talk about boxing, particularly in the professional sense, we are talking about a business. It needs to be taken seriously, and we would expect that the people who are promoting, managing and profiting from these exercises would be fit and proper people when they are taking part in such activities.

Whether members like and support boxing or whether they do not, I think they would all agree it is important we have strong rules and regulations around boxing to protect those who are competing and those who are part of the business. At the professional level boxing is very much a business. In 2012 in Victoria we had some

74 events ranging from modest bouts to matches drawing big crowds of people who paid significant money to be ringside. Boxing contributes to the economy. At the time of the report which led to this bill

45 people were licensed to act as boxing promoters and there were 32 matchmakers, 42 referees, 76 judges and

It is logical for Victoria to legislate when it comes to boxing and combat sports industries to bring them into line with other states and industries. If we want the sport to continue to grow and develop — and I am sure all of those who are involved in boxing certainly want their industry to be protected — this bill will ensure it does so.



The bill protects the industry by keeping out the rogues and those who should not be involved in this sport.

With this bill we are saying, ‘We are fair dinkum, and we are ensuring that only the right type of people are associated with this’. As we have heard, there have been colourful characters associated with boxing for many years. We are not proposing to take away colourful characters. We remember Don King in the

US — he has certainly been a colourful character over the years. This is not about keeping out the colourful characters but ensuring that colourful characters retain the integrity of the game and are able and fit and proper to take on roles in terms of management, promotional or business opportunities in this sector.

The 1996 bill made provision for the Professional

Boxing and Combat Sports Board, which was responsible for matters of probity in the industry, but removed the board’s power to consider whether an applicant for a licence was fit and proper.

3321 was in 1996, when she spoke in favour of removing the fit and proper person test, telling Parliament:

The purpose of this bill is to deregulate sections of the professional boxing and professional martial arts industries … and to restructure the statutory boards responsible for control of the industries.

Victoria is the sporting capital of Australia, and

Victorians have the right to expect that our state’s sporting endeavours are beyond reproach. There is a need for standards and integrity in all of the sports we play and a need for all those involved to maintain those.

Sport is a very serious business, as I said before. We need to protect our reputation, and we should go to great lengths to protect it. That is what the minister and the Premier have done with this legislation. It is good, solid legislation. It is certainly leading with the right fist forward in terms of what we are doing here. We are protecting the sport, protecting its integrity and hoping to grow it in terms of participation and viewing and attending events. We want to ensure that the reputation of this sport and of others continues not only to be maintained but to grow. I commend the bill to the house.

Currently, thanks to the changes the Kennett government made, the board has no option other than to issue a promoter’s licence as long as an applicant can demonstrate to the board an appropriate knowledge of the act and regulations, any relevant rules made under section 23 of the act and any conditions to which the licence would be subject if issued. When the board issued Mick Gatto a promoter’s licence, instead of the

Premier explaining that he had been part of the Kennett government that had removed the fit and proper person test and therefore the board’s ability to exercise discretion in the interests of probity, the Premier ordered his Minister for Sport and Recreation to conduct an urgent review of the circumstances under which the licence was awarded. Where did the Premier do this? In a front-page exclusive article in the Herald

Sun of 17 May. Criticising the board’s decision, the

Premier declared it was — and I am quoting the

Premier here — ‘out of step with community expectations’.

Mr McGUIRE (Broadmeadows) — I rise to make a succinct contribution to the debate on the Professional

Boxing and Combat Sports Amendment Bill 2013. The coalition won government promising a new era of transparency in Victoria and an end to spin. The reality is that the Napthine administration has become a master of doublethink. In his political exposé 1984 George

Orwell described doublethink as:

The power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them … To tell deliberate lies while genuinely believing in them, to forget any fact that has become inconvenient …

The inconvenient fact the Premier has forgotten to tell

Victorians is that he was a minister in the Kennett government that removed the fit and proper person test, allowing underworld figure Mick Gatto to recently be granted a licence as a professional boxing promoter. If the Premier forgot the inconvenient fact that the

Kennett government in which he was a minister had removed the fit and proper person test, all he had to do was consult his deputy Liberal leader. She has been recycled as the minister for small business, which she

The Orwellian twists in this saga include the Premier’s failure to reveal to the readers of Australia’s highest selling newspaper that the reason Mick Gatto was able to obtain a licence was that the Kennett government had removed the fit and proper person test that the Premier is now seeking to reintroduce. The same small business minister who introduced the current legislation to re-regulate the industry has previously argued it should be deregulated. She now argues for reinstating the fit and proper person test she previously argued should be removed. The coalition is spinning so fast it is dizzy.

The Premier’s credibility is taking a standing eight count. The Minister for Innovation, Services and Small

Business has been KO’d by ideology. The Minister for

Sport and Recreation remains mute on this matter.

Mick Gatto has handed back his promoter’s licence to the board.

I support a fit and proper person test for boxing promoters, and I call on the Premier to apologise to the

Professional Boxing and Combat Sports Board and its long-serving chairman, lawyer Bernie Balmer. The



Premier should also inform Victorians of the inconvenient truth concerning the Mick Gatto spin. To do so would be fit and proper.

Mr NORTHE (Morwell) — It gives me pleasure to rise this afternoon to speak on the Professional Boxing and Combat Sports Amendment Bill 2013. The bill does a number of things, including requiring that certain specified requirements be met by a person before a licence can be issued to, or renewed by, a person under the act; providing for the cancellation or suspension of a licence under that act if certain specified requirements are not met by a licence-holder; requiring a person acting as a timekeeper to be licensed; enabling the Chief Commissioner of Police to provide advice to the Professional Boxing and Combat Sports

Board with respect to a person applying for or holding a licence under the act; and making other consequential amendments to the act. had many world champions in its midst. People might remember Rocky Mattioli, a Morwell boy who immigrated from Italy. He was a light middleweight champion who had a professional career that spanned some 12 or 13 years in the 1970s and early 1980s.

Rocky Mattioli’s career culminated in winning the

World Boxing Championship (WBC) light middleweight title, which he defended on a couple of occasions. It is interesting to note that Rocky was a

Morwell boy and some of his first professional bouts were held there. He went on to fight at Festival Hall, which was well known in boxing circles, and then ventured around the world, during which time he ultimately won the WBC light middleweight title.

Of course Lionel Rose would also be well known to members in the chamber. Lionel came from the

Warragul-Drouin area and went on to become our first

Indigenous world champion in 1968, when he won both the WBC and World Boxing Association bantamweight titles, which he defended three times.

This is all about making sure that we have the utmost integrity in boxing and combat sports. As we have seen over recent times in terms of other sports and forms of recreation it is important we have that integrity not only enhanced but retained into the future. As the member for Gembrook said in his contribution, Victoria has a fully integrated scheme that regulates professional boxing and combat sports. It is very important that we have that, because what is paramount for participants and those associated with the sport is to ensure that the safety, health and wellbeing of participants is maintained at all times and that the integrity of the sport is upheld. Victoria was the first state to introduce laws to regulate boxing in 1975. The member for Gembrook gave some background as to how that came to pass.

Will Tomlinson, who is from Bairnsdale, in the member for Gippsland East’s electorate, is undefeated at this point in time. He holds the International Boxing

Organisation world super featherweight title.

These guys are inspirational to many locals. It is not just about the physicality of these sports; it is about people gaining confidence from participating in and obtaining skills from them. That is just a quick outline from a local perspective.

Professional boxing and combat sports are an important part of activity not only in metropolitan Melbourne but in regional Victoria as well. Boxing clubs and combat sports that are undertaken in them provide an important outlet for many people, and they are very popular, particularly in the Morwell electorate. Whilst professional boxing, kickboxing and other forms of martial arts are captured under the act it is important to note that some traditional forms of martial arts such as karate, judo and tae kwon do are deemed amateur sports and are not captured by the act itself.

In terms of the bill before us, there are many regulatory controls currently in place to determine whether a licence will be granted to a person who is involved in professional boxing or a combat sport. This can be of a trainer, judge, referee, matchmaker or promoter.

Interestingly, in New South Wales, South Australia,

Western Australia and Tasmania a fit and proper person test forms part of the regulatory controls of those states.

At the moment Victoria does not have this regulatory control, and the government is seeking to address that issue through this legislation.

If I could just talk about kickboxing for a minute, it was interesting to note that Stan Longinidis, a kickboxer, was recently inducted into the Sport Australia Hall of

Fame. He joins a number of people from both the boxing fraternity and other combat sports who have been inducted, including Vic Patrick, OAM. If I could just reflect on professional boxing from a local perspective for a moment, Gippsland is proud to have

The Professional Boxing and Combat Sports Board, which determines whether to grant or renew a licence, will now also have to factor in whether a person is a fit and proper person when it considers allocating or renewing a particular licence. The board itself must have at least five but no more than seven members.

Bernie Balmer is the chairperson of the board. The board must comprise a number of different people. For example, it must have a member of the police force of

Victoria and no more than five people who, in the


Tuesday, 15 October 2013 ASSEMBLY 3323 opinion of the Minister for Sport and Recreation, have a good knowledge of boxing or one or more combat sports.

I note that the Minister for Sport and Recreation has just walked in. It is great to see him at the table. He has a great passion for this bill and for making sure we have more people more active more often. bill also changes the means of controlling timekeepers from being listed by the board to being formally licensed. Essentially this will mean that this role is subject to the same regulations as other roles relating to professional contests.

As the member for Caulfield articulated in his contribution, the fit and proper person test already applies in many other industries and sectors — for example, in the private security industry. The test has also been applied on many occasions in the gaming and liquor industry. Whether you are a real estate agent or a motor car trader, a fit and proper person test applies.

We are now extending that test to professional boxing and combat sports.

The bill also creates a duty for a licensed promoter not to employ a person who has been refused a licence or had their licence cancelled because they are not a fit and proper person to hold a licence in relation to a professional contest. This is extended to a business relationship or arrangement. It is designed to stop such people entering third hand into competitions as well. I commend the Minister for Sport and Recreation on bringing a very good bill before the house.

The circumstances under which a person is automatically prohibited from obtaining or holding a licence under the act are articulated in the act and in the second-reading speech. These circumstances include being convicted of an indictable offence and sentenced to imprisonment for 10 or more years; being subject to a control order under the Criminal Organisations

Control Act 2012; being subject to an exclusion order by the Chief Commissioner of Police in relation to the casino or racecourses; and comparable convictions and sentences, as well as comparable orders, in other states or territories.

Mr PERERA (Cranbourne) — I wish to make a brief contribution to the debate on the Professional

Boxing and Combat Sports Amendment Bill 2013. The guts of the bill are aimed at strengthening the controls relating to the probity of participants in the boxing and combat sports industry. Before 1996 it was Victorian law to subject all industry participants to a fit and proper person test. Then in 1996 the coalition government took to the ideological position of reducing regulation and it removed this requirement. This allowed even those with a criminal history to obtain a licence — what a short-sighted policy!

When considering the probity of an applicant, the board can refer an application to the Chief Commissioner of

Police for advice. The chief commissioner would then provide that advice to the board.

The debate at the time was led by the current leader of government business in this house, who was then the

Minister for Small Business and a member for Monash

Province in the Legislative Council. The minister said this was part of the government licence simplification program for which she carried responsibility. I request that the government review the legislative changes made under the licence simplification program to make sure all such stupid changes are fixed, because this simplification program created many loopholes in other legislation as well.

The bill also includes provisions to protect sensitive information used by the Chief Commissioner of Police when providing advice to the board in the event that the board’s decision is reviewed by the Victorian Civil and

Administrative Tribunal (VCAT). This follows other procedures to protect sensitive information. If VCAT receives an application for review of a decision by the board to refuse, not renew or cancel a licence, it must ask the board whether the reasons for its decision were based on advice provided to the chief commissioner. If this is the case, VCAT must then ask the chief commissioner if any of the advice provided to the board was based on protected information. That provides another control for the protection of sensitive information.

Under the new legislation a person will be automatically prohibited from obtaining or holding a licence if they are convicted of an indictable offence and sentenced to imprisonment for 10 years or more.

Even if this person demonstrates good behaviour after having served their time and been released into the community, they will still be disqualified from holding a licence. I think this is something that should be considered in the future, because people who are rehabilitated need to earn a livelihood.

Importantly, the bill also provides for the board to vary, suspend or cancel existing licences, which is important in the context of what we are talking about today. The

A person is automatically prohibited from obtaining or holding a licence if that person has been subject to an exclusion order made by the Chief Commissioner of

Police under the Casino Control Act 1991. When


3324 ASSEMBLY

Crown Casino had manual card-shuffling blackjack tables, card counters were banned from entering the casino. These people were not engaged in criminal activities; they had simply developed card counting skills to try to beat the system. It was smart playing if indeed they were really able to beat the system. If they were subject to an exclusion order, they will now also be prohibited from obtaining a boxing licence because they will fall into this particular category under the bill.

The changes to the licensing regime affect those who act as promoters, matchmakers, referees, judges, trainers and also people acting as timekeepers. After the bill is enacted, timekeepers will need to obtain licences.

A person will need to be registered and to have obtained a licence 28 days before a match in order to be a timekeeper. If the promoters are not careful and conscious of this requirement, then in some instances the match itself could be jeopardised. At present promoters can pick anybody — even someone in the audience — to be the timekeeper as that person currently does not need a licence.


Victoria because the board may not permit them to do so.

Victoria is currently doing about 60 to 70 shows a year.

The industry is alive and well. It is a good industry; it is an industry that keeps the state ticking over by contributing to the economy. Labor believes a national framework for combat sports led by Victoria — because Victoria is the sporting capital of Australia — needs to be agreed to at a meeting of the Council of

Australian Governments. Regulatory reform is required to produce a uniform national code of practice for all states and territories, as well as the introduction of a safe alternative to the boxing ring for mixed martial arts events. A move towards national regulation was raised previously at a meeting of all sports ministers but has not gone anywhere.

This bill will make boxing and combat sports much cleaner and will fix the problems created in 1996 by the simplification process of the Liberal-Nationals coalition government. Many years later this legislation is a step in the right direction, and therefore I wish it a smooth passage.

If this legislation is passed, then in circumstances where the licence-holding timekeeper cannot attend on the day due to sickness or for any other reason, the match will have to be cancelled. Promoters may well need to obtain licences for more than one person to make sure an event runs smoothly. This will come at a cost: I believe the registration will cost $100. The payment of the licence is incumbent upon the promoters; the opposition does not oppose this, but it is an issue.

Mr WATT (Burwood) — I will quote the lyrics of a well-known song. They are:

Rising up, back on the street

Did my time, took my chances

Went the distance, now I’m back on my feet

Just a man and his will to survive.

So many times it happens too fast

You change your passion for glory

Don’t lose your grip on the dreams of the past

You must fight just to keep them alive.

All in all this bill is a step in the right direction. It puts in place safeguards to ensure combat sports are clean, competitive environments. These legislative requirements come on top of the new rules introduced by the Professional Boxing and Combat Sports Board in 2013. The board also advised the minister on these issues.

It’s the eye of the tiger

It’s the thrill of the fight

Rising up to the challenge of our rival

And the last known survivor

Stalks his prey in the night

And he’s watching us all with the eye of the tiger.

According to the new rules the prescribed registration, as well as fitness and serology testing, must be completed in full and the paperwork handed over to the board no later than 24 hours before a match. The only exception is in cases of the late arrival of overseas fighters whose flights have been delayed. Eventually it becomes the responsibility of the promoter of the event to make sure that fighters are fit to fight and properly registered in Victoria. Registration-holders in other jurisdictions such as New South Wales, South Australia and Western Australia are exempt; all those coming from other jurisdictions will have to obtain a licence. If a competitor is registered in Victoria or intends to come to Victoria to fight on a pro card and they have a very poor fighting record, they may not be able to fight in

Face to face, out in the heat

Hanging tough, staying hungry

They stack the odds ‘til we take to the street

For the kill with the skill to survive.







Rising up, straight to the top

Had the guts, got the glory

Went the distance, now I’m not going to stop

Just a man and his will to survive.









The eye of the tiger



The eye of the tiger.

My kids know that song quite well; I have a

12-year-old and a nine-year-old. I would have sung it if not for the fact that it would be unparliamentary for me to do so. But I make the point that my two boys know that song quite well because it is one of my favourite songs and I play it regularly for them. Now that I am standing here and speaking on this bill I am reminding myself that I should probably pull it out of the cupboard and put it back in the CD player so the kids can hear it again.

ASSEMBLY 3325

The downside of that is when the wrong people get involved in sport and corrupt that dream and that vision.

Only recently we have heard of soccer teams whose members have corrupted that sport, and we know about cricket. I love my soccer; I am a member of the

Melbourne Victory. I am a huge fan, but not such a big fan of the Melbourne Heart. It is disappointing that

Harry Kewell is a turncoat and has ended up playing for the Heart when he was a Victory man, but that is okay.

The point I am trying to make is that if we cannot make sport incorruptible, then we need to make sure that people view sport as being above board and that the people who are associated with sport are fit and proper people.

The movie from which that song comes is one of my favourite movies in one of my favourite groups of movies. It is the story of Rocky Balboa and it is about taking your chance when you get the chance. If you get knocked down, you get up again. In his contribution the member for Essendon talked about the romanticism of boxing, and I agree with him that there is a romanticism about people who have no ability to do anything else. In one of the movies Rocky Balboa quotes something his father said to him, ‘You weren’t born with much of a brain, ya know, so, uh, ya better start using your body, right?’, but that is not to say that everybody who is involved in boxing has no brains.

Some people can go off the rails, and we are not necessarily talking about somebody who is able to get in there and compete. We all know the story of Rocky

Balboa, who is a collection man for a shady character.

He was not necessarily the type of person you would want running the sport, but as a participant in the sport there was no issue. However, when people are running a sport, you need to be confident that those people are going to do what is in the best interests of that sport and the participants in that sport. The Professional Boxing and Combat Sports Amendment Bill 2013 seeks to do that.

In effect approximately 320 people who currently hold licences as operators, promoters, matchmakers, referees, judges and trainers will be covered under the act, including 60 people who have a licence to undertake different roles, plus another 14 who are timekeepers. The bill will cover 46 promoters,

35 matchmakers, 43 referees, 40 judges, 240 trainers, and as I said, 14 timekeepers. We want to make sure that they are fit and proper persons for the sport and that there is a public interest in their being involved.

The Minister for Sport and Recreation talks about getting more people more active more often, and I think that is a fantastic motto. One of the things that gets me going is knowing that kids especially have the opportunity to play sport and make something of themselves. I talked earlier about Rocky Balboa and the fact that in the movie he talks about having no brains, but the thing I think we should aspire to as members of

Parliament is making sure that children have the opportunity to progress in life. I have talked a number of times about my history and where I came from, and one of the things I attribute my standing here in this house to is the fact that I was given a good education. I progressed along a different educational path than others in my family and I was able to progress in sport and did fairly well in junior sport and into the senior ranks. That has put me on a good path in life. I think sport in general has the ability to do that.

I have listened to members on the other side talking about history from 20-odd years ago and trying to say they corrected a massive problem. Fortunately I am one of the lucky ones who was not here for the 11 long, dark miserable years of hard Labor, during which those opposite did nothing that achieved anything for the people of Victoria. If they really thought there was a problem that needed correcting over those 11 long, dark, miserable years of hard Labor, they would have got off their backsides and done something about it. We are fixing what is perceived to be a problem with people having the potential to get a licence. The problem with the system is that the board has no ability to determine whether it is in the public interest or whether they are a fit and proper person to promote or be involved in the sport. Currently the board has no choice but to issue a licence to a person who can


3326 demonstrate they have the knowledge and skills. It is fine to have the knowledge and skills, but we want to make sure that they have integrity and the right intentions.

As I said, I occasionally watch the sport of boxing.

Other members may not appreciate all the different the member for Lara talking about cage fighting, his

ASSEMBLY sports, but during the Olympics I love watching all the sports. I particularly like sitting in front of the television and watching 3 1

⁄

2

hours of a 50-kilometre walk, but not everybody would necessarily want to watch every step.

That is me; I will watch it. I like watching many other sports as well, but I want to make sure that the people involved in those sports are suitable to run the sports.

For the member for Eltham, the walking event is probably one of the most enthralling events in the

Olympics. I watched it for 3 1

⁄

2

hours and saw Jared

Tallent come in second with a brilliant performance. He is a proud Victorian, and as a member of the Victorian

Parliament I am proud to see a Victorian out there doing a great job at the Olympics. It is remiss of me not to know at exactly which event he recently got a bronze medal. It is fantastic for Victoria that we have such great competitors in many sports, including walking.

Kickboxing has been talked about, and members have also talked about people in other sports.

I could speak for a very long time on this bill, but I would like to finish up by saying that when it comes to hypocrisy knows no bounds. I note in December 2008 the minister then responsible, the member for Monbulk, banned cages, but we now hear the opposition say that maybe we should reintroduce the ability for people to use cages. As I said, hypocrisy knows no bounds. We need to know that integrity in sport is paramount as we encourage more people to be more active more often.


Being a little bit older and wiser one starts to understand that governance arrangements over the past decade have been a focus for governments. This was particularly the case during the terms of the Bracks and

Brumby governments when we saw governance improvements and changes relating to a range of areas, whether in the racing industry, in regard to hospital and practice boards or cemetery trusts. In more recent years we have even seen changes in terms of oversight bodies that have a role in relation to members of Parliament. It is no surprise that we are again considering matters in relation to the boxing industry, perhaps one of the last bastions in Victorian sport needing greater accountability and better governance arrangements.

The behaviour of the Professional Boxing and Combat

Sports Board is interesting. Having read the legislation introduced by the government, I am surprised we have not seen the board show some leadership in this area and put forward to government some of its own suggested reforms that perhaps could have seen these matters dealt with much sooner. The board should not take any pleasure from being outed by a public outcry over decisions it has made that do not pass the smell test. Perhaps it made a choice that somehow it is absolved from any leadership in these matters or from being held accountable because ultimately it is acting under legislative parameters. It is still incumbent on the board to show leadership and bring forward to the government of the day reforms to increase community confidence in its integrity and the way it manages the sport and fulfils its duties.

It comes as some surprise to me looking at these matters in relation to the bill that the board has not chosen to show more leadership in the way it has conducted itself on these matters. It might have led to some of the changes we are considering today coming from its leadership, which has been lacking, rather than a response being required from the minister and the government in relation to community outcry and media embarrassment over the way the board has chosen to pursue matters.

Mr CARBINES (Ivanhoe) — I am pleased to make a contribution to the debate on the Professional Boxing and Combat Sports Amendment Bill 2013. In thinking about my contribution on the bill I reflected in the first instance on boxing contests. I grew up watching boxing contests and recall the names of Fenech, Ellis, Michael,

Tyson and Holyfield. At the time I was thinking about the contest in the ring and not so much about governance arrangements, integrity, the way in which the sport is managed for Victorian audiences or even the colourful histories of the management of the sport around the world. Very much like the sport of racing, boxing has a colourful history, and in relation to both sports it is no surprise that there is a history of regulation and legislation in state Parliament.

Recreation activities and entertainment enjoyed by people requires some oversight by government.

I would like to acknowledge that in the past some of the framework of this legislation was the result of work by the former member for North Geelong, Neil Trezise. I got to know Neil well in my time living and working in

Geelong. He was a passionate supporter of boxing and a long-serving Victorian sports minister. He was very much involved in the legislative framework in relation to these matters and integrity around boxing. Some of that was touched on by the member for Gembrook in relation to tragic circumstances in Geelong some

30 years ago. An individual from Thomson lost their life in a gala day boxing bout, and as the member for



Gembrook touched on, that led to the introduction of a range of boxing legislation and further work in this area by the government of the day.

The member for Broadmeadows remarked on the fact that in 1996 the Kennett government made some decisions in relation to boxing legislation. While there was the claim that that was about reducing red tape, what we saw was not just a cut in red tape relating to how boxing was administered and the legislative requirements around that but also a cut to integrity, oversight and community confidence. All that has now found its way back to this Parliament to undo. These are decisions that were made by the Kennett government, and I think it is salient to refer to the words of the current member for Brighton in Hansard of 1996. She spoke in relation to reforms to boxing integrity that were passed by the Kennett government at the time. The member said:

3327

I think the public is interested in particular in those clauses of the bill that relate to the fit and proper person test. They are probably the salient points of the reforms that the government is bringing back through this amendment legislation. That is something that it should be commended for doing. There is always a desire in the community to see greater confidence in industries such as boxing. What I think is disappointing — and I will reiterate the point — is that when people are appointed to serve on boards such as the one we are considering here, which oversees integrity in boxing and many of the decisions that are made in that respect, we expect that they not only follow the letter of the law but also that they show some leadership through their experience in the way they deal with these matters.

Firstly, the bill is consistent with the part of the government’s licence simplification program for which I carry responsibility, and anything that results in a reduction of licensing and regulation is a highly desirable outcome.

Members of Parliament come and go. Perhaps not everyone has gone at the moment, but Hansard for all time. At some stage time comes for us all, but while we are here we should be mindful of the fact that

Hansard stands as a record for all time. It is interesting that some people are back in government who have served for many years, who may recall those debates and who are now faced with dealing with the consequences of their previous government’s desire, ideologically driven perhaps, to pursue matters of what they would call red tape but which really led to less oversight and brought discredit to some of the recent decisions of the board. They are very interesting points that the member for Broadmeadows has raised.

is there

There is no doubt that the decisions the legislation has been introduced to deal with, particularly around clause 1, relate to the necessity that certain specified requirements be met by a person before a licence can be issued — a fit and proper person test, which is touched on in clause 5, and the details around prohibited persons. In relation to the act we talk about those who have been convicted of an indictable offence or sentenced to imprisonment for 10 or more years. We are picking up on legislation that has been covered in other states. Other points in clause 5 relate to being subject to a control order under the Criminal

Organisations Control Act 2012 and also matters that relate to an exclusion order that has been made by the

Chief Commissioner of Police under the Casino

Control Act 1991 or the Racing Act 1958.

The government of the day should expect that when reforms are required, when suggestions are needed and when policy changes need to be considered, that that information will come from the board members who are put forward. Whether they are Governor in Council appointments or are receiving remuneration, they are in leadership positions and there is an expectation from the Victorian community that they will not only apply the letter of the law and undertake their responsibilities but that they will also show leadership, have a weather eye to the future and use their experience to provide the government of the day with an opportunity to consider where reforms are needed.

It is a shame that it has taken community concern and an outcry through the media to drive change in this area. While I commend the government — and the

Labor Party supports the amendments in this bill — I think the board needs to seriously consider its actions and deliberations and why it has not been the one to lead and to bring these changes forward. That is something on which it should reflect very seriously.

While I commend the amendments that have been brought forward, I think that it is not only the way in which the board seeks to apply these matters in the future that is important but also that it is incumbent upon it to continue to reflect on what has happened and show some leadership. I commend the bill to the house.

Mr THOMPSON (Sandringham) — It gives me pleasure to contribute to the debate on the Professional

Boxing and Combat Sports Amendment Bill 2013. In the eyes of contemporary young Australians the idea of combat sports is in some ways reflected through presentations from Hollywood and the exploits of someone like Jason Bourne. To those who grew up in

Australia in the 1960s and 1970s, there were the immortal acts of combat by people such as Lionel Rose,

Johnny Famechon and Muhammad Ali. I remember my days out at Monash University, when people crammed


3328 ASSEMBLY Tuesday, 15 October 2013 into the science laboratory to watch Muhammad A li fight. I am not sure whether it was a fight against Sonny

Liston or George Foreman, but the laboratory where there was a TV set available for people to watch this particular fight was packed. while captain-coach he kicked 10 goals in one game against Birchip, a prodigious record; a record that also included winning a premiership. Winning a premiership in a country town is a little bit like a prize fight; everyone is there and everyone follows the game and the victors are saluted in no less a way than a boxer might be. There was a poetry to Ali when he took on the ‘gorilla in Manila’. There was the fight in Africa and the role of promoters in developing fights. There was also the aspect of combat in boxing where Lionel Rose was a national hero as he took on Fighting Harada; when the skill and finesse of Johnny Famechon was much applauded by people around the nation; and when trainers such as Jack Rennie trained future boxers and provided the backdrop to recent former Australian boxers such as Lester Ellis and others who followed in his wake. Then there was the eloquence of fighters from Sydney who took on the world and became world champions, inspired by the Australian boxers of the

1970s and 1980s. There were those for whom boxing was an art form that enabled them under the agile guidance of good promoters to make their way in the world from Third World countries to progressively serve their fights through the amateur leagues to the

Olympics and into the professional realm.

There is an unforgettable photo of Muhammad Ali. A photographer had the ingenuity to place a camera above the boxing ring. In that fight Ali knocked his opponent to the canvas; his opponent was flat out on the canvas and there was an aerial overview of the victor and the vanquished which won renown throughout the world as a famous sports photograph. That is the wider background.

A former sports minister in the state, Tom Reynolds, was a great enthusiast for all sports, but he had very strong concerns about boxing. Tom was a shearer, a great cricketer, a great footballer and a great sports minister, who is well followed by the present sports minister, the member for Lowan. But Tom had concerns about the medical impact of boxing, and if he had had his way he may have regulated it out of existence.

The regulations today in the Professional Boxing and

Combat Sports Amendment Bill 2013 have a number of purposes, which include that certain specified requirements be met by a person before a licence can be issued to, or renewed by, the person under that act; and provide for the cancellation or suspension of a licence under that act if certain specified requirements are not met by a licence-holder; and require a person acting as a timekeeper to be licensed; and enable the Chief

Commissioner of Police to provide advice to the

Professional Boxing and Combat Sports Board in respect of a person applying for, or holding, a licence under that act; and make consequential and other amendments.

On 10 October Stan ‘The Man’ Longinidis, a kickboxer, was inducted into the Sport Australia Hall of

Fame, an event attended by the Minister for Sport and

Recreation. I understand the minster had to go to the event, and presumably he had front row seats. There is also the kickboxing prowess of Eric Bana in the film

The Castle, where up by the shores of Bonnie Doon he was able to improve his personal fitness and develop his skill and finesse. It was very important to Eric Bana, whose name in the film was Con Petropoulous. He may have been inspired by Stan ‘The Man’ Longinidis to develop his fighting prowess.

In my younger years I attended the Royal Melbourne

Show when Jimmy Sharman ran his boxing tent and people were invited into the ring to have a go at the professional boxers. I was there perhaps pre my potential boxing days and did not have the opportunity to step into the ring, but it certainly presented a roadshow that travelled up and down the eastern seaboard providing entertainment to those who attended.

It is important that as the sports capital of the world,

Victoria has a range of regulations in place that protect the interests of the sportsgoer and of those who participate in the sport and that there is good leadership within the sport of boxing so that it is well managed and that any fights which are promoted are well promoted.

I understand the Minister for Sport and Recreation was not a boxer in his day; he never went to the AFL tribunal as an assailant. In his 46 games with Essendon as a ruck-rover or a captain-coach he never made his way to the tribunal for his pugilistic skills to be judged by the wider world. Nevertheless he had the prowess to enable him to kick the Sherrin over a wheat silo when he was captain-coach of Murtoa. I understand that

There are a number of definitions in clause 5 of the bill which allude to a prohibited person as someone:

(a) who has been convicted of an indictable offence for which the person is sentenced to a term of imprisonment of 10 years or more; or



(b) in respect of whom a control order applies and is in effect under Division 2 of Part 3 of the Criminal

Organisations Control Act 2012; or

(c) who is a member of an organisation in respect of which a control order applies … or

(d) who is subject to an exclusion order under section 74 of the Casino Control Act 1991; or

(e) who is subject to an exclusion order under section 33 of the Racing Act 1958; or

ASSEMBLY 3329

In the context of this legislation, the bill aims provide greater control over who may enter the professional boxing profession. These people include boxers, trainers, referees, promoters, judges and timekeepers, all of whom will now be required to be registered with the Professional Boxing and Combat Sports Board. In particular, the bill provides that people wishing to apply for a role within the profession must now pass a suitable character test. Previously people of questionable character could enter the industry unchallenged.

(f) who has been convicted of an offence and given a sentence of a kind corresponding to that specified in paragraph (a) in another State or a Territory; or

(g) who is subject to an order in another State or Territory corresponding to an order specified in paragraph (b), (c),

(d) or (e).

I have omitted a few words in one of those subclauses.

There is a view that it is necessary to have a standard of performance and integrity in the code that will be to the benefit of the sport into the medium term.

When one speaks to the parliamentary attendants in this building, every now and again you hear stories that come off the walls of the building and through the mists of time. There are stories of pugilistic contests that occurred in the Legislative Council chamber in yesteryear. There are other stories of keen combatants just outside the back of this chamber, but they are perhaps buried in the mists of time and not able to be evoked for the purpose of commenting on the bill before the house.

Boxing is a sport participated in by many, and it is a sport that needs to be wisely regulated. This bill makes an important contribution to ensuring that the highest standards of integrity are applied to the boxing code so that it is conducted in the best interests of professional sport in Victoria, in the best interests of the athletes who participate in it and to further advance Victoria’s reputation as the sporting capital of the world.

This bill amends the Professional Boxing and Combat

Sports Act 1985 to ensure that a person convicted of an indictable offence and sentenced to imprisonment for

10 or more years, or someone with a comparable conviction in another state or territory, will no longer be able to enter the profession. While applicants will be automatically prohibited from entering the profession if they have a prior conviction and have been sentenced to a term of imprisonment as previously stated, they will also be automatically prohibited if they are subject to a control order under the Criminal Organisations Control

Act 2012 or if they are subject to an exclusion order made by the Chief Commissioner of Police under the

Casino Control Act 1991, the Racing Act 1958 or a corresponding order in another state or territory.

The decision as to whether to admit an applicant into the profession lies with the Professional Boxing and

Combats Sports Board. The board will now have access to the criminal history of applicants and may request further information about an applicant. The bill amends the principal act to ensure that when an application for a licence is received by the board it is accompanied by documentation specifying any prior convictions or terms of imprisonment, along with other prescribed documents.

Mr LIM its walls which illustrate that clearly. I will go on later to mention how it is regulated and controlled and also how it is respected in that country. It is very much part of the culture for a young boy growing up in that part of the world.

(Clayton) — I am very pleased to contribute to debate on the Professional Boxing and

Combat Sports Amendment Bill 2013. I propose to stick to my script but in the latter part of my contribution I would like to share my view from the perspective of my background where traditional boxing, better known as Thai boxing, is practiced. It originated in Cambodia, and those who have been to the Angkor Wat temple will have seen the carvings on

In addition to the board’s decision, applications for licences will be referred to the chief commissioner, who must provide written advice within 28 days. That response may be either an advice of automatic prohibition because of the commissioner’s view that the applicant is not a fit or proper person or that their entry into the profession would be detrimental to the public interest. The decision of the chief commissioner will be protected in the event that the board’s decision is reviewed by the Victorian Civil and Administrative

Tribunal. If a decision is made to refuse a licence, details of the decision will be provided to the applicant by the board. The changes this bill introduces will affect all existing industry members who are already registered with the board. Existing licences may be varied, suspended or cancelled if the board deems that a member is not a fit or proper person to hold a licence or


3330 ASSEMBLY Tuesday, 15 October 2013 that their holding of a licence is not in the public interest.

This character test also extends to any employees or people who enter into a business relationship with a promoter. Promoters may no longer enter into any business relationship or arrangement with anyone who has been refused a licence by the board because they have been deemed not to be a fit or proper person or because the board forms the view that their holding of a licence would be detrimental to the public interest.

In general terms I support the bill, and the opposition also supports it, because it is obvious that this legislation will screen out people who are not of sufficient character to hold a licence. The measures the bill introduces will go a long way towards improving the integrity of boxing and combat sports in Victoria, and I commend Victoria Police and the Professional

Boxing and Combat Sports Board in particular for their hard work and assistance in developing these changes. cause a knockout and sometimes death. That is why when Thai people go to Cambodia or Cambodians go to Thailand to fight they bring a coffin with them, accompanied by a funeral music band.

Having said that, the people who are at the top of this profession or sport are national heroes; everybody glorifies them. The sport is also a reminder of the old days when Cambodia ruled the whole peninsula of

Indochina and its only enemy was Thailand. There was a lot of conflict, and in certain cases the top generals or royal households brought out their top boxers and they settled the score between just two people rather than burning, looting and wrecking a whole province. It is a respectable tradition. Because of that long respectable tradition, the profession was expected to regulate itself.

I have never heard of any unseemly or darker side to it or of any people being involved in it who should not be.

It is a respectable profession. I wonder to this day why

UNESCO has not made it a world heritage sport and the International Olympic Committee has not adopted it as a sport, as it did with tae kwon do and karate. With that contribution, I wish the bill a speedy passage.

I mentioned earlier that it would be remiss of me not to put my view from the perspective of where I came from. Combat sports in Cambodia, my birthplace, is just part of growing up for many young men and now many young women. We take these sports very seriously and we honour them, therefore they are self-regulated. Every time we have a major combat sports event people from all walks of life are involved, from the motorcycle taxidriver to the prime minister to members of the royal household and the king. Their eyes are glued to the television screen if they cannot attend in person. These events are promoted.

Each event is almost a festival in its own right. They are now very much international affairs, because many combatants from all over the world come to join in.

This is what is better known in the west as Thai boxing.

We in Cambodia call it free boxing because all parts of the body can be used as weapons. You can imagine the knockout or damage from a blow from the elbow or knee or from a side kick, which is not like a kick in karate or tae kwon do kick because it uses the shin. It does so much damage it can break a rib.

Not many people are aware that the music played while the two combatants are boxing in the ring in Cambodia or Thailand — the two major countries that enjoy free boxing — is funeral music. This means we take this fighting very seriously; it comes with responsibility and honour. If I am not wrong, the member for Caulfield mentioned that in the 1860s some fights went for

34 rounds. The type of combat I am talking about would not last more than two or three rounds, because a king hit by the elbow or the knee is so severe that it can

Mr BULL (Gippsland East) — It is with great pleasure that I rise to make a contribution on the


Bill 2013. It is great to see the Minister for Sport and

Recreation at the table. At some points during his distinguished football career I believe he treated football like a bit of a combat sport. I commend him on introducing this legislation to the house. To allow people of questionable character to run professional boxing and combat sports is simply not in line with current community expectations. The bill addresses the current situation whereby people must be granted a licence regardless of their standing in the community or their reputation.

As has been mentioned by previous speakers, the people of this state and the wider community are great lovers of all sports — there is no doubt about that. We are the sporting capital. A number of sports that have been mentioned — racing, cricket and AFL — have overarching bodies that look after their integrity. A lot of resources and effort go into protecting the integrity of these popular sports. Those attending matches, having a wager or taking any other interest in these sports know that they are doing so in relation to a sporting event that is subject to very tight scrutiny.

Professional boxing and combat sports have no overarching bodies, and that is one of the main reasons the government regulates in these areas — to promote safety, reduce risk and uphold the integrity of these sports in general.



Boxing is a great sport. I have gained a greater insight into boxing with the current world champion Will

Tomlinson, a friend of mine, coming from Bairnsdale.

He has certainly made his mark on the world stage in recent years. He is a great advocate for sport and for boxing in particular.

The circumstances that would prohibit a person from holding a licence were developed in consultation with

Victoria Police. They are intended to automatically disqualify people of poor character and reputation without excluding other groups. For that reason, the provisions in the bill are designed to capture significant matters that relate to probity. As has been mentioned, some relate to a person having been convicted of an indictable offence and sentenced to 10 years or more in prison, but there is also provision for convictions for lesser offences to be picked up under this new legislation when it comes to deciding whether those convicted are fit and proper persons to be involved in this sport.

I have been a little bit involved in this sport. I have been close to many athletes in the game, and I know that these people do it tough. They train hard, and by and large they do so with enormous difficulty.

Fundamentally and primarily they are very humble people who love their sport, and what they do is tremendous. The government and opposition owe it to these people to deliver and regulate a transparent system. I welcome many, if not all, of the recommendations and provisions made by this bill.

3331

The bill amends the criteria for issuing licences to participate in the industry. These licences include those for adults acting as promoters, matchmakers, referees, judges and trainers, and now the bill provides that a person acting as a timekeeper must be licensed and on the register of the board. As somebody who, like most if not all of us, loves sport and boxing, I welcome this bill and any efforts made to clean up the industry. Let us be absolutely clear: if we love the sport and really understand what boxers — amateurs, professionals or otherwise; athletes — have to go through to do well in the sport they love, we must protect them. We have to deliver safety in as transparent a system as possible.

It has been asked whether it would be better to apply this probity test only to promoters. If that were the case, people of questionable character might become involved in other capacities such as by being matchmakers or judges. Simply introducing probity tests for all but one or two roles licensed under the act — such as excluding trainers, for instance — would present a risk that such people might fill other roles within these sports. There is no need to apply this test to contestants in bouts. Contestants who become involved in sport are often looking for a bit of direction in their life. They are often looking to get back on track and make a real difference in their lives through sport. This is a common-sense bill. I wish it a speedy passage, and

I commend it to the house.

Sitting suspended 6.30

p.m.

until 8.02

p.m.

The bill defines circumstances whereby a person is automatically prohibited from obtaining or holding a licence under the act. These circumstances include being convicted of an indictable offence and sentenced to imprisonment for 10 or more years, which I think is reasonable and acceptable, or having a comparable conviction and sentence in another state or territory; being subject to a control order under the Criminal

Organisations Control Act 2012, either as an individual or as a member of a declared organisation, or a corresponding order in another state or territory; or being subject to an exclusion order made by the Chief


1991 or the Racing Act 1958 or a corresponding order in another state or territory.

Mr LANGUILLER (Derrimut) — First of all I indicate my appreciation to the Minister for Sport and

Recreation and the government for allowing me to say a few words about this important bill. I also extend my appreciation to the Government Whip, because he helped make it possible for me to make a contribution to the debate. I also thank my parliamentary colleague the member for Lara, the shadow Minister for Sport and

Recreation, who has done extensive work and who dares to think outside the square in relation to this important bill. The government understands that the opposition is not opposing the bill, the intent of which is to strengthen controls relating to the probity of industry participants.

I welcome these provisions; they are good. I commend them because I have been close to this sport. In my time

I have known people in the sport, including Barry

Michael, who used to train in a shed in Altona. Having a Latin American background and having known amateur athletes going back a long way, I can tell members that the best thing we can do for the guys involved in the industry, and for boxing and other combat sports in general, is to clean them up and be absolutely determined to ensure that these athletes are protected as much as they can be. Unfortunately, as with other industries, combat sports, particularly boxing, sometimes become contaminated by individuals who take advantage of good athletes and sportsmen and women to corrupt the industry and the

CORRECTIONS AMENDMENT (PAROLE REFORM) BILL 2013

3332 ASSEMBLY Tuesday, 15 October 2013 sport. Whatever can be done to clean up this situation and regulate the sport to ensure that athletes are safe and protected should be done. I welcome such reforms.

However, the shadow minister very respectfully has also advanced concerns to the minister and the government, and we hope the minister and the government — particularly the minister, who understands regional and rural issues — take them into account. I have been close enough to this sport to understand the complexity of, for example, attracting timekeepers. In the city — in the CBD and in the well-run and well-funded tournaments that the industry may run — it is easy to attract timekeepers and there is no issue. However, the industry is not just made up of well-funded and well-resourced groups who run these games. I remember only too well that in rural and regional areas there are times when it is difficult to get people to be timekeepers; they cannot always be found.

In some sports they can be found, but in others they cannot. I suggest that the government make resources available to ensure that timekeepers can be trained and, if need be, paid, because they cannot always be found and if we are to license them, then they should be paid.

I welcome this reform. I also think it is important that promoters, trainers, matchmakers, referees, judges and timekeepers hold licences.

If that is done, then the next question is: in order to ensure that the sport can continue, particularly in remote, regional or rural areas, should provisions be made to provide some assistance to events held in these areas? For example, if a tournament is organised and its timekeeper is not properly licensed, then the event cannot take place. Such a circumstance affects the athletes who have trained hard and who have looked forward to the tournaments. All of a sudden an entire tournament can collapse, despite the regulatory regime, which I think is good and should be welcomed. More often than not this is likely to happen. the industry so it can run well. We say that more needs to be done in order to strengthen the boxing and combat sports industry in Victoria. We can and should lead the way nationally. We welcome the propositions advanced by the shadow minister and the opposition in relation to there being a national framework for combat sports led by Victoria. I ask the minister and the government to lead the way and undertake the establishment of that framework.

In conclusion, combat sports are not necessarily my favourite, but I have been around sports long enough to know that unless you regulate them and work with them, they can go underground. I will not name them, but there were underground sporting practices followed in the 1970s and 1980s, particularly in combat sports.

Unless you work with sporting communities, establish architecture and make provisions for sports to happen legally and in a well-regulated manner, you do not protect the safety and wellbeing of the athletes. They may go underground eventually. Not in my electorate but in the electorates of other members, underground sporting competitions could well be held without the supervision that is required and therefore without the safety that is required.

We call on the government and appeal to the minister to consider that maybe the best way forward is to regulate and strengthen the mechanisms that are required for the protection of the athletes. In general I welcome this bill.

I think it is a good initiative. Fundamentally, if we love boxing and combat sports, we must welcome making this industry transparent. We must rid it of any crooks that may be around it, because they do not work in the interests of the athletes and the athletes should be protected.


(Benalla). on motion of Dr SYKES

Debate adjourned until later this day.

I used to be a little involved in and close to this industry and these athletes, so I know there are times when somebody has to be pulled out of the audience and asked to do the timekeeping, otherwise a tournament would not take place. I point out that these athletes go through much training, including getting up at 4 in the morning, training, going to work and then coming back and doing more training. Despite all the regulation, tough as it is and should be, and the requirement of licensing of timekeepers, these arrangements should not be impediments to continuing to promote the industry and boxing and other combat sports per se.

CORRECTIONS

Debate

Mr

Services).

Government

Mr resumed

WELLS

WELLS

Services)

(Minister amendments

(Minister under from

AMENDMENT

REFORM)

19 for for standing

BILL

Police circulated

Police orders.

Second reading

2013

September; and and

Emergency by

(PAROLE motion of

Emergency

As the minister would be aware, we in the opposition are saying that we need to make resources available to

Ms HENNESSY (Altona) — I rise today to speak on the Corrections Amendment (Parole Reform) Bill



2013. At the outset I wish to place on the record that the

Victorian opposition will be supporting this bill. The bill deals with some of the less controversial elements of the Callinan review recommendations. In essence it goes to the governance structure of the parole system by enshrining in legislation one of the indicia that the parole board is required to consider when considering parole decisions. It provides an extra notification opportunity to victims and broadens the pool from which the government could appoint members to the parole board. These are not necessarily controversial recommendations. They are also not parts of the

Callinan review that are going to be difficult to implement. I will make some comments on that as I go.

Mr Callinan made 23 recommendations following his review. As I have previously outlined in this house on the topic of parole, the opposition is very supportive of measures to effectively reform the Victorian justice system, particularly to ensure and better protect community safety. I do not think there is one member of this chamber who would contest the proposition that there have been some serious, catastrophic and tragic failures in the justice system — and not just at the hand of the parole board, may I say. Those failures have been unforgivable in their consequences. eligible to be appointed as the chairperson of the board.

It provides for the appointment of a deputy chairperson of the APB and for a maximum term of office. It also provides for registered victims to be notified before release of a prisoner on parole.

The first of these purposes, to include in statute the notion that safety and protection of the community is paramount in parole decisions, is noble, and we support it. I make the point that, as set out in its manual, the adult parole board is already required to apply that index. Going by my briefing with Corrections Victoria during which I inquired about the practical change — and I again thank those officers for their time and their briefing — there really is none insofar as this bill picks up an existing practice of the parole board. It could be argued, however — and the argument was made to me — that enshrining that index in legislation affords it a more probative weight.

From the perspective of the opposition the real issue is the requirement for the investment of significant resources to support not just the parole system but the wider community corrections system. It is very easy for us to talk in the abstract about the need for reform — and legislative response is incredibly important — but the efficacy of that is only as great as the resources we put into it. I enjoy the fact that all members of this chamber are, I believe, sincere in their commitment to address the failures in the justice system. We might occasionally debate the efficacy of the legislative response to those failures. We will indeed debate the adequacy of resource allocation to the justice system — I will make some comments on that in the course of my contribution — but I do not for one minute contest the authenticity of the commitment of all members of this chamber to the broader ideals of ensuring that our justice system achieves its aim of community safety.

In his report Mr Callinan indicated that he considered the workload of the adult parole board to be ‘intolerably heavy’. There have been calls from all quarters across the community, including from people who are intimate with and work within the justice system, for the government to accept its responsibility to invest the additional resources necessary to enable the adult parole board and the agencies that support its work to be funded properly.

Opposition members fundamentally support the propositions contained in this bill. Whilst we have had misgivings about the very secret nature of the Callinan review, we support the idea of ongoing review of the justice system and the parole system to ensure that we are able to build community confidence in those systems. It is our position that they should, however, be transparent and inclusive processes.

This bill amends the Corrections Act 1986. It picks up a phrase that is already in the parole board’s manual — that is, ‘safety and the protection of the community is paramount in parole decisions’. It makes amendments to the membership of the Adult Parole Board of

Victoria (APB) to provide for the appointment of retired judges of superior and intermediate courts of other jurisdictions. It expands the classes of members

According to the adult parole board’s last annual report, the board met on 30 per cent more occasions than it did the previous year, when it considered 10 205 cases, which was a 14 per cent rise on the year before that.

The number of parole releases, denials and cancellations has risen by 35 per cent between 2010–11 and 2012–13, and meetings of the detention and supervision order division have increased by 44 per cent over the same period. That is the division charged with the very difficult responsibility of making decisions around the management of the most serious sex offenders.

We therefore see there is an incredible increase in the workload and demand in the system. Yet funding increases for the board have failed to keep pace with that very large increase. As Mr Callinan says, this now



‘intolerably heavy’ workload really needs to be addressed by way of additional resources as well. In fact the most recent adult parole board annual report indicates that since 2010–11, staff numbers at the board have decreased by two full-time equivalent positions.

That is quite startling in light of the serious nature of what we expect the adult parole board to achieve, the massive increase in its workload and the demand in the system.

One of the issues in Mr Callinan’s report that I was quite taken by was his noting that the adult parole board is required to deal with 20 to 30 cases a day to give all matters adequate attention and consider material which inevitably identifies many of the risks involved. There are significant issues around the paper-based nature of the material board members are required to deal with.

He identified that as a very serious issue along with the need for an electronic case management database. We have seen some of the horrific consequences, right across the justice system, when paper-based systems go wrong.

Given the large growth in the board’s work, having a full-time chair is important. There is also a very strong desire to increase the sense of accountability and responsibility around the kinds of decisions that are being made with respect to parole, so on top of that a deputy chairperson’s position is being provided for by this bill. That really reintroduces this concept; there have been deputy chairpeople in the past. It is an old role that existed in a different era. Again, I think that is a sensible proposition, given the heavy workload and the need to ensure seamless consideration.

Clause 7 of the bill provides for the limitation of an appointment to the adult parole board. That is in response to recommendation 10 of the Callinan report.

What is being proposed is that nobody can serve longer than nine years on the adult parole board. I take it from

Mr Callinan’s review that the concern he sought to treat in that recommendation was the risk of people becoming institutionalised in terms of their working for the organisation and the desire to bring fresh ideas and different perspectives to the organisation. I am not quite sure how we landed on nine years as a way of addressing that risk of institutionalisation, but nine years it is. We certainly do not have any problem with those particular provisions.

I thought it was quite remarkable that on the day the

Callinan report was released the Premier and the

Minister for Corrections said any reform that was to be implemented in light of the review would be funded from within the existing budget. Anyone who works within this system will tell you that is simply not possible. As I said, having regard to the issues canvassed in the Callinan report, it is almost impossible for any parts of our justice system to more effectively protect the community within the existing budget and without further investment, yet that is the proposition we are being asked to accept.

There are also some provisions around increased statistical reporting in the annual report. I certainly believe that the greater the transparency of the justice system, the greater the confidence we are ultimately likely to build as people seek to better understand the difficult dilemmas that a person in the justice system — whether that be a judge or a parole board decision-maker — has to make, and I think that is a good thing.

The next of the bill’s purposes is to amend section 61 of the Corrections Act to remove the requirement that a judge of the Supreme Court be appointed chair of the adult parole board and add the category of retired judges of a superior court or an intermediate court to the class of members who may be appointed. It removes the requirement that these and other appointments made under existing section 61(2) of the act be on a part-time basis. These are simply a matter of logic. If you appoint a full-time chair — and I think that is a sensible proposition — then you cannot also appoint a full-time member of the Supreme Court. The purpose is therefore to facilitate the appointment of a full-time chair and also to broaden the class of people from which an adult parole board appointment may be made. The amendment adds to the current power under the act to appoint a serving or retired judge of the

Supreme Court of Victoria or the County Court. These are sensible reforms, and we certainly support them.

There is also the introduction of the 14-day waiting period for the actual release date following a parole order being made. That is to ensure that there is adequate time to notify the victim of the actual release date. I should clarify that it is only registered victims who receive notification of a parolee’s release date.

There are existing processes whereby the views of victims are in fact taken into consideration, but one has to be a registered victim. I certainly support those measures.

Further tranches of legislation around parole will inevitably come. As I said, the changes before us are probably less controversial or difficult to implement. I encourage government members in the course of their contributions to the debate to identify for us what recommendations, if any, have already been implemented by way of administrative action. There are certainly a number of those recommendations that can


Tuesday, 15 October 2013 ASSEMBLY 3335 be implemented by administrative action, so it would be good to understand which of those, if any, have actually been implemented. where fundamentally they are set up to fail because they do not have the tools or the powers to do their jobs properly.

I am particularly concerned about the transition from a paper-based filing system to an ICT filing system. We know that there are great challenges right across the justice system in getting the information technology right so that Victoria Police, the courts, the Adult Parole

Board of Victoria and Corrections Victoria can talk to each other and ensure that appropriate information is being shared. We have seen horrific errors occur in the past because of a misunderstanding around the application of the Privacy Act as to which law enforcement agencies are able to access which information. It is critical that justice agencies have access to intelligence when they are fundamentally assessing risk or they bear positive legal obligations to respond.

I know this is a matter of deep concern within that sector at the moment; I know these issues have been raised with the Minister for Corrections and that he is currently contemplating his response to them. Again I lend my voice to the importance of addressing those issues incredibly quickly because it is often these staffers who are overlooked due to the fact that we develop the laws but we do not often talk about the resources required to implement them. We have staff in that sector with incredibly high workloads. We have a whole range of staff on casual and fixed-term contracts.

We have a recruitment freeze in place. We see the great challenges these staff members encounter around accessing information from other law enforcement agency databases.

This is a matter that people from all those law agencies raise with me constantly. It is also an issue that

Mr Callinan has covered. I do not pretend it is an easy issue to solve but it is one that I would encourage the government to address posthaste. Given that the

Callinan review was a closed process, I think it is incumbent upon the government to also advise both houses of what action has been taken to date, not just the legislative action.

It is incredibly important that we bring Victorians with us when it comes to reform. It is critically important that adequate resources are applied. I know that is a matter of deep concern to those who are currently working in the area, particularly in the community corrections sector. Community corrections workers are charged with the responsibility of supervising parolees.

It is an incredibly difficult job and one that we ought better value because we are all appalled when the system fails. However, we have to be equally committed to the system working in the first place and to resource it properly.

There is significant concern within the community corrections workforce around their workload. As I said, they do very challenging and important work. We need to ensure that we do not value and honour their contribution to community safety in just words alone; we need to also value and honour it through resources and respect. We need to ensure that we protect and build a greater workforce capability in the community corrections sector. That means being attendant to many of the occupational health and safety risks these staff confront. It means supporting them with investment in proper training, professional development and support.

It means not putting these staff members in a position

It is in all of our interests to ensure that the system works and that the police, the court system, the parole system and community corrections staff work as an integrated body, not just for the sake of community safety but to make sure that we back our very important public sector workforce, which deals with some of the most difficult offenders in the state, so they have a sense that we understand and respect their work and will ensure that they have the correct tools by way of legislation. In my view the government needs to lift its game when it comes to the resource component. With those few words I wish the bill a speedy passage through the house.

Mr MORRIS (Mornington) — I am very pleased to rise to support the Corrections Amendment (Parole

Reform) Bill 2013. As I and others have said frequently in this place over the last 12 months, parole is a privilege, not a right. It is no secret that the parole system in this state has not been working as it should. It has been broken for far too long. For too long it supported the interests of convicted criminals over those of victims. It needs fixing. The Callinan review, which was tabled in Parliament less than two months ago, recommended some 23 measures be implemented.

The government has committed to the implementation of all of them.

The failures of the parole system are, sadly, only too well known. An effective parole system is a critical part of an effective corrections regime. If convicted criminals are to be genuinely rehabilitated, if they are to be placed on a path where they can lead a productive life, then clearly we owe it to the individual, we owe it to the public purse — because it is not cheap to keep them inside — but, most significantly, we owe it to


3336 ASSEMBLY Tuesday, 15 October 2013 society to make sure that the system is genuinely working. This system has not been doing that. As I said, the house is only too familiar with the tragedies. They are a result of that failure. That is not acceptable to the government, it is not acceptable to the community and I am sure it is not acceptable to the house.

Any parole system obviously has to strike a balance. It is a delicate balance between the interests of offenders, the interests of those who are harmed by offenders and the interests of the community. The current system does not strike that balance appropriately. It is focused on the rights of the offender; it is not focused on the rights of the victims or of the community. has been committed. It is fair to say that the government has been pretty active in this space. That is as it should be considering the way the system was failing to operate. Today we see the first tranche of the legislative reform proposed by Justice Callinan. Some of the proposals are relatively straightforward and are essentially the ones contained in this bill. Some are more complex and require more detailed assessment. It is obviously important that we get the necessary work done to make sure the system will work in the interests of those it is intended to protect.

The Callinan review of the parole system in Victoria found that the current approach is not appropriate — not surprisingly, given what I have said. The first priority of any parole system has to be to ensure the safety and protection of the community and prevent any further depredations of offenders.

As the house is aware, there have been extensive reforms to the parole system over the last 12 months. In all matters the government has taken what I think is a considered and indeed a staged approach to reform.

Members will recall that this year we dealt with a bill that became the Corrections Amendment Act 2013. As a result of that act we now have better information sharing between Victoria Police, Corrections Victoria and the Adult Parole Board of Victoria. We have clarity about when parole should be cancelled where an offence has occurred partly during a parole period. The board now has the authority to cancel parole when an offender on parole has been sentenced to any term of imprisonment. Prior to that change the term for that offence had to be at least three months. Those changes have been in effect since 30 April.

We have also made changes under the Justice

Legislation Amendment (Cancellation of Parole and

Other Matters) Act 2013. That legislation ensured that parole was reviewed or cancelled when an offender on parole reoffended, whether they were charged or whether they were convicted. That act also allows automatic cancellation in the case of serious offences.

Those reforms commenced on 20 May this year.

As I know members are aware, a cabinet task force has been formed that includes the Premier, the Deputy

Premier, the Minister for Corrections, the Treasurer, the

Attorney-General and the Minister for Police and

Emergency Services. We have all of the heads around the table that we need there. Work has been under way since the report was received. Further measures will be brought before the house in due course. As has been mentioned previously in this debate, this bill is first and foremost about enshrining a guiding principle in the act — that is, that the paramount consideration in determining whether parole should be granted, whether it should be varied, whether it should be revoked, whether it should be cancelled or whether a cancellation of parole should be revoked is in every case the safety and protection of the community. There are no ifs and no buts: the safety and protection of the community is the paramount consideration.

The remaining provisions of the bill relate primarily to the leadership and accountability of the board. The changes provide a strong leadership framework for the board. They include allowing the appointment of a full-time chair of the board, providing for the appointment of a deputy chair and providing that a

Victorian Supreme Court judge, a County Court judge, a retired superior court judge from another Australian jurisdiction or a retired intermediate court judge from another Australian jurisdiction is eligible to be appointed to the board, whether as a part-time or a full-time member.

Most recently we considered the Corrections

Amendment (Breach of Parole) Bill 2013, which will come into operation in the first quarter of next year.

That bill makes it an offence to breach the prescribed conditions of parole, and permits police to arrest a prisoner released on parole if the police have a suspicion — a reasonable suspicion of course — that an offence of breaching a prescribed condition of parole

The bill also raises the accountability bar. It provides that registered victims should be given 14 days notice of a prisoner’s release on parole. That certainly is a significant improvement on the current arrangements.

Additionally it requires that the board include in its annual report the numbers of people convicted of serious offences whilst on parole. That will give the board, and indeed the public, a very clear indication of whether the board’s cumulative decision making is in line with community expectations.



The bill also sets a limit on the potential service of the members of the board: nine years in total, with the exception that the chair of the board is capable of being appointed for a further three years. The default commencement date for this amending act is

16 September 2014, but of course implementation of the Callinan recommendations is already under way.

Certainly if this bill receives the support of the

Parliament — and it would appear from the member for

Altona’s comments that it will — then those reforms can be progressively implemented well ahead of that default date.

3337 our community. By its very nature it is trying to predict future behaviour, which for anybody is an incredibly difficult thing to do. Some breaches of parole can result in catastrophic outcomes, as we have seen in a number of high-profile cases, but it does not necessarily mean that the system is broken; it just means that there are some really bad people out there who, regardless of what is done for them or to them, will continue to offend.

Some of the matters that are already under way include the appointment of an acting chief executive officer of the Adult Parole Board of Victoria and full compliance with a recommendation that only very experienced forensic psychologists and psychiatrists can be engaged to prepare assessment reports. That is especially so in cases in which detention might be sought. Full-time additional members of the board are being recruited and an electronic system for board matters is expected to be operational in December of this year. Regulations exempting the board from the Charter of Human Rights and Responsibilities Act 2006 are also expected to be presented to the Governor in Council later this month.

We have a duty to the people of Victoria to provide the state with a parole system that works. I believe that the proposals before the house today will assist with the progressive and complete overhaul of the parole system in Victoria. It is a complex process, as I have said, and there needs to be a considered and staged approach. It is proceeding, and I think it is proceeding very well. This reform is essential because a parole system that fails the state, fails offenders and fails victims is not effective in terms of corrections. The amendments that we are putting in place through this process will remedy the situation we have had in which the system has failed the state for far too long. The reforms will provide certainty, and Victorians need certainty about their parole system. I commend the bill to the house.

Ms Hennessy — Acting Speaker, I wish to direct your attention to the state of the house.

Quorum

Ms formed.

DUNCAN (Macedon) — I rise to speak on the

Corrections Amendment (Parole Reform) Bill 2013.

Before I make my contribution, I will refer to comments made by previous speakers, including you,

Acting Speaker. First of all I will restate, as Justice

Callinan does in his review, the importance of having a parole system in our state. As members would be well aware, parole is a means of reintegrating prisoners into

It is very dangerous for us to suggest that the parole system is somehow broken, because if that is the case, this legislation will not fix it. This legislation makes a number of changes, none of them groundbreaking but all of them constructive in the ongoing way in which we seek to introduce reforms in this state. We continue to learn that legislation is an organic thing, and we continue to try to incorporate the things that we learn along the way and some of the things that occur to cause us to reconsider. In recent times there have been a number of very high-profile cases that have drawn the attention of the community and the media back to the parole system and have been used as a means of beating up on the Adult Parole Board of Victoria. I would like to spend a minute or two commenting on those cases, not to dismiss the tragic outcomes in a number of those cases but to let the facts be known. In one of those high-profile cases the perpetrator was not a parolee; they had actually finished their parole. Reoffending by parolees is often used as a criticism of the parole board, but in that case it was not due to a function of the parole board that that reoffending took place. We need to be very mindful of these things.

As a former chair of the parole board, Justice Simon

Whelan, said, one measure — and it is just one measure — of the way in which you determine whether a parole system is working is to look at the recidivism rate. He does that, and as he points out, Victoria does extremely well when it comes to recidivism rates.

Comparisons were made to New South Wales and

Queensland, and Victoria compares quite well to those states. The rate in Victoria is 35.1 per cent compared to a national rate of 39.3 per cent. A recidivism rate of

35 per cent is still a pretty high rate, but in at least one of those high-profile cases the perpetrator, who now thankfully is in jail, would fall within that 35 per cent. It is a high rate, but clearly more than 60 per cent do not reoffend, so that is but one measure of looking at the parole board. Again I think it is dangerous for us to suggest that the parole board is broken and therefore needs to be thrown out.

I will now comment on some of the issues that Justice

Callinan raised in his review. The parole board responded to some of the points that he made, and it is


3338 ASSEMBLY Tuesday, 15 October 2013 most unusual for the parole board to come out and make statements. One of the problems with our criminal justice system is that judges and magistrates, and the parole board in many cases, are very reluctant to make any comments in their own defence.

Sometimes that is a problem, and it allows misinformation or inaccurate information to be repeated and become fact. Justice Callinan made the point that the filing system was antiquated. The parole board has been calling for an automated system for some period of time, and I will quote from the parole board’s comments in that regard. It said:

To the casual observer files may appear to be difficult to navigate but they are compiled according to a system and they are orderly and manageable.

As is stated in his report, Justice Callinan attended one meeting and there observed interviews with three prisoners who had their parole cancelled. Justice

Callinan did not attend any meeting where parole was approved. He suggested that in the Bayley case the file did not contain a detailed analysis and chronology of

Mr Bayley’s history and criminal record. That was not the case; all that information was in the file. While all our fingers are pointing at the parole board, there is a chain of command in all these things. For those who may not know, the last court appearance that Mr Bayley made was in the Geelong court where he sought and was granted bail. The police did not object to bail being granted at that time. provides for registered victims to be notified before the release of a prisoner on parole. This often happens. In fact if someone is a registered victim, often the police will keep them informed of where the perpetrator is within the justice system and where they are progressing down the line with eventual release. Often a range of orders are put in place to protect victims.

There may be geographic limits to where the parolee can go, all designed to protect the victim in an ongoing way.

We have seen many of the failures of the parole board, but the Bayley case would be an example of where there has been a failure of the various jurisdictions to communicate. An automated system would assist with that. It is amazing to see how antiquated the IT systems that continue to operate in our court systems are, all of which points to one of the most overwhelming problems that the parole board faces, which is its ever-increasing workload and its rarely increased budget. I fear that while this government makes big statements and introduces legislation that makes only minor changes, the critical issue for the parole board in its difficult and growing role is for it to be adequately resourced. Until those resources are put into the parole board, a lot of these changes will be piecemeal. They sound good and they look good on the front page of the

Herald Sun , but they make very little practical difference to the way in which we continue to make sure that our communities are safe.

Putting all those general points aside, the bill makes a number of legislative changes. Some of them are not exactly groundbreaking; in fact they codify what is already in practice. I think it is important to emphasise that community safety is and always has been the no. 1 consideration of the parole board. What practical difference it may make in the future we will only know with the passage of time. We support that change.

Expanding the classes of members eligible to be appointed as chairpersons is a good move. It is good to have a variety of people on the board. We have seen piecemeal legislation on the parole board, some of which changes to be perfectly frank are quite offensive because they suggest that certain things do not happen — for example, that there are no victims interests represented on the parole board. That is not true.

This bill provides a maximum term of office for members. We will not know if that will make a difference until some time has passed. It also provides for a deputy chairperson of the adult parole board. I think that is something that happened in the past. It also provides for the appointment of retired judges of superior or intermediate courts of other jurisdictions. It

Mr NEWTON-BROWN (Prahran) — One of the most profound failings of the previous government was the way in which the parole system was allowed to go off the rails. The previous speaker, the member for

Macedon, gave a lame defence of the parole system under the previous government. She suggested that the changes made by this bill are not significant, and that is in light of her no doubt being aware that the parole board itself has indicated that it is indefensible that

Adrian Bayley was out on parole when he raped and murdered Jill Meagher.

It is clear that the former Attorney-General was asleep at the wheel. He was too busy social engineering and pandering to those who fight for the rights of criminals when he should have been turning an eye to looking after the interests of victims, their families and the general community. On his watch the parole system was allowed to descend into farce, on his watch the community expectation was not met and on his watch a culture was allowed to develop at the Adult Parole

Board of Victoria — as detailed by Justice Callinan in his report Review of the Parole System in Victoria — that has had profound consequences for those who were attacked, raped and murdered by violent criminals.


Mr Pakula — Acting Speaker, I draw your attention to the state of the house. report — this government had introduced a suite of legislation to strengthen and tighten the parole system.

Quorum formed.


Mr NEWTON-BROWN — The member for

Lyndhurst called for a quorum during my contribution and thereby cut it short by a couple of minutes. We studied law together at Monash University. As lawyers we tend to have ingrained in us the need to stand up for the rights of everybody, including those who perpetrate violence, but this government and the current

Attorney-General have a view that the scales have been tipped too far in favour of the rights of perpetrators. The

Callinan report certainly shows that that is the case, and this bill seeks to redress that imbalance.

On 20 April this year the Corrections Further

Amendment Act 2013 commenced. This act improves information sharing between police, Corrections

Victoria and the adult parole board. It clarifies when parole can be cancelled if events occur partly during a parole period, and it allows the board to cancel parole if the term of imprisonment was originally more than three months.

Justice Callinan’s report was damning. It referred to several violent criminals who had been released into the community without proper regard to public safety. It made particular reference to the notorious case of

Adrian Bayley. How devastating for Jill Meagher’s parents, her husband, family and friends that her death may have been prevented if the parole system had been working more effectively, if it had been working in the interests of the public, if the scales had been tipped to find the right balance between the rehabilitation of offenders and looking after the rights of victims and the community. It is a matter of public record that

Mr Bayley had pleaded guilty to an assault while on parole for several violent rapes. He had appealed his sentence for that assault, but inexplicably he had not been incarcerated pending the appeal.

Justice Callinan was very critical in his report of a presumption that had been allowed to develop over the years that after their non-parole period has expired every prisoner has a right to parole. Under the Napthine government parole is a privilege, it is not a right. It is a privilege you earn, and it is only to be exercised with the utmost care. At a media conference on 20 August this year the Premier said the government had introduced laws that make Victoria’s parole system the toughest in Australia. He said:

This report draws a line in the sand. The culture of parole in

Victoria must and will change …

Dangerous offenders in the past have been given the benefit of the doubt that they shouldn’t have been. That changes today … parole is a privilege not a right.

The Callinan report is significant in that the government has accepted many of its recommendations, if not most of them. Those that have not been dealt with already are being considered by a special committee. As a result of the Callinan report — and even prior to the Callinan

On 20 May 2013 the Justice Legislation Amendment

(Cancellation of Parole and Other Matters) Bill 2013 came into effect. It provides that parole is reviewed or cancelled upon reoffending, either upon being charged or on conviction. It allows for automatic cancellation of parole for serious offending. Finally, in the first quarter of 2014, the Corrections Amendment (Breach of

Parole) Act 2013 will come into operation. This act will make it an offence to breach a prescribed condition of parole, and it will allow police to arrest a prisoner under a parole order if it is reasonably suspected that an offence has been committed. This bill before the house today will commence on 16 September 2014 if it passes both houses.

The bill will amend the Corrections Act 1986 to enshrine the safety and protection of the community, and it will make it clear that this is paramount when reviewing whether to vary, revoke or cancel parole. It will appoint a full-time chairperson to the adult parole board. It will set time limits of nine years for appointments to the board. Importantly it will provide registered victims with 14 days notice; they will know when an offender is being released so they can make appropriate arrangements. It will require the board to include in an annual report the number of people who have been convicted of serious offences while on parole. In other words, the board will be required to fulfil its duties with greater transparency. The bill will provide for the appointment of a deputy chairperson, and it will also expand requirements in relation to people’s eligibility to be appointed to the board. This will include retired judges from other jurisdictions.

In previous contributions to this place I have provided details in relation to the victims of people who have been inappropriately released on parole. For example,

Margaret Burton was killed by her ex-boyfriend — she had her throat cut with a meat cleaver. Raechel Betts was strangled and dismembered by a parolee, John

Coombes, in 2009. Evan Rudd was killed in 2011 over a parking dispute. Joanne Wicking was stabbed to death by Sean Maraffko while he was on parole. Sarah

Cafferkey was killed by a parolee following a verbal


3340 ASSEMBLY Tuesday, 15 October 2013 fight. Mersina Halvagis was murdered by Peter Dupas while she was visiting her grandmother’s grave. These are all horrible murders that may have been prevented if our parole regime had been strengthened in the way that it soon will be by this government.

In conclusion, most of Justice Callinan’s recommendations are being implemented by this bill, and the scales are being tipped back in favour of the community and protecting law-abiding people who simply should not be molested, assaulted or murdered by low-lifes improperly released on parole. The culture will change under this bill and the bills before it. The laws have changed. This bill adds to the work that has already been done. The Napthine government truly has brought in a new era in Victoria for the parole system, and I commend the bill to the house. legislation makes are somehow going to be a cure-all for the parole system.

Let us be clear about what this bill does in practice. It enshrines in legislation community safety as the no. 1 consideration, a consideration which is already no. 1 in the Adult Parole Board of Victoria’s manual. Whilst it is good for that consideration to be enshrined in legislation, the government ought not kid itself and

Victorians that somehow the horrible crimes and murders we have seen committed by parolees in the past will be a thing of the past because of this legislation. The government ought not — —

Mr

Mr

Newton-Brown

PAKULA

interjected.

— If the member for Prahran did not say that, he went mighty close to saying it.

The ACTING SPEAKER ( Dr Sykes ) — I call the member for Lyndhurst.

Ms Hennessy — We will hold you accountable.

Mr

Mr

Mr

Ms

Mr

PAKULA

Watt

PAKULA

Ryall

PAKULA

(Lyndhurst) — Can I say how pleased I am, Acting Speaker, to see you in the chair, given that it will make it harder for you to heckle me.

interjected.

— I say to the member for Burwood that if he wants to call a quorum, I will not take it personally. The opposition is supporting the bill, as the member for Altona has already indicated to the house.

We have consistently stated that we support reform of the parole system, but it would be unwise for anybody to take the view that somehow this bill will act as a panacea or cure-all for the problems that have beset it. I was surprised to hear the member for Prahran go through a litany of horrible crimes that had been committed by offenders on parole and to then suggest that those things may not have occurred had this legislation been in place. It is terribly unwise for the government or anybody to set that kind of test or bar to jump in these circumstances. It does both this

Parliament and this legislation a disservice if contributions such as those made by the member for

Prahran, or previously by the Premier, in effect suggest that this kind of thing will not happen anymore after the government makes its tough-on-crime parole changes.

interjected.

— The member for Mitcham says I am twisting it. After he had gone through half a dozen horrible crimes, the member for Prahran said quite clearly that these things may not have happened under these changes to the legislation. Let us wait and see, but

I suspect government members will be disappointed if they believe that the very minor alterations this

Mr PAKULA — As the member for Altona says, we will hold you to it. I also make the point that if we want the system to operate effectively, then it needs to be properly funded — not just one bit of it; all of it. We do not need a court system groaning under the weight of all the matters brought before it. We do not need a legal aid system which is in the middle of a financial crisis, as evidenced by the annual report from Victoria

Legal Aid that we saw only today. We do not need a situation where the Premier, as he has done in this circumstance, says that he is going to ask the adult parole board to accommodate all of these changes within its current financial envelope, even in an environment where former High Court Justice Callinan described the work of the adult parole board as

‘intolerably heavy’.

We have a situation where the adult parole board’s workload is described by the person chosen by the government to do the review as ‘intolerably heavy’.

The government asks the adult parole board to fundamentally change the way it operates and yet says that it all has to be done within the existing funding envelope. If the government is not prepared to properly address the matter of the funding of the justice system, then it is mucking around and just tinkering at the edges. You are not going to have a justice system run properly when you have police in effect acting as corrections officers, when you have Victoria Legal Aid unable to represent people before the courts and

18-month delays in the County Court, when you have people stacked and racked in our prisons and everything is put on the long finger, just like the government’s 50-year plans for everything else.




Mr PAKULA — It feels as if I am in a Public

Accounts and Estimates Committee meeting! I also have to say that the secrecy attached to this whole process has been quite concerning. The fact that the

Callinan review was conducted in secret and that

Victorians were not given an opportunity to provide any input into that process was a concern. The best the government could do to allow community participation in that process was to provide an email address where people could register their views after the report had been released. The process demonstrated a lack of commitment from the government to really seek to understand the views of Victorians about the system.

3341 head, making some very strong public comments. He spoke on behalf of that board very well, and I think that augurs well to the extent that the parole board should be more prepared to comment, explain and defend its decisions, and communicate with the Victorian people.

I think the Victorian people will be more accepting and understanding of decisions of the parole board if that engagement — that two-way communication — and those explanations are forthcoming. I think that intervention by Justice Whelan was a welcome one.

We have a situation where we have legislation that the government would have us believe is going to be a major reform in regard to the parole system and where the funding is not being provided to address the real systemic issues in the parole system, the police force, the courts or legal aid. We have a situation where all the bill really does is tinker around the edges.

We have a situation where there has been excessive and unjustified secrecy from the government in the way it has handled it. That excessive and unjustified secrecy really correlates with the way the government operates in all manner of things. Whether it be the Vincent report, the treatment of former Chief Commissioner

Overland or the situation with Ken Jones — all of these matters have been conducted in secret or in a Star

Chamber. The fact that the Callinan review was done in a similar way really should come as no surprise to anyone.

Mr McCURDY (Murray Valley) — I am delighted to rise and speak on the Corrections Amendment

(Parole Reform) Bill 2013. The purpose of this bill is to amend the Corrections Act 1986 to provide that the safety and protection of our community are absolutely paramount in the decisions that are made by the Adult

Parole Board of Victoria. In some ways I agree with the member for Macedon, who spoke about not all parolees being a danger. We need to be careful as the one-size-fits-all approach will not solve all of our problems. However, Victoria has seen some heinous crimes committed by people on parole, which has outraged those in our communities, and they have said,

‘Enough is enough!’. This Napthine government has not and will not shy away from the tough decisions and will do whatever is necessary to protect our communities where possible.

However, I want to make a couple of comments about the changes that I think are worthy of it. The ability to have retired members of the judiciary sitting on the

Adult Parole Board of Victoria is a welcome change. I know that the County Court, groaning under the weight of its workload as it is, can barely tolerate having sitting judges of the County Court off dealing with adult parole board matters, or in fact other matters where they are being taken away from their court duties. Every judge in our underfunded court system needs to be functioning as a judge and dealing with matters before the court. Perhaps if County Court judges are freed from the responsibility of sitting on the adult parole board, you may find that the 18-month wait we are seeing in the civil jurisdiction of the County Court may start to come down a little bit as those judges are freed up to do their full-time job, which is to act as judges of the County Court.

The other point that I think is worthy of comment is that in response to the criticism by former Justice

Callinan, you had Justice Whelan, the parole board

When the member for Lyndhurst talks about us not kidding ourselves that this bill will solve all the situations and all the problems, I understand what he is saying. However, he also needs to understand that we have the courage to stand up to try to make changes that will benefit our community. This is another terrific step forward — certainly on the back of the Callinan review — and these are just steps along the way and hopefully will make a considerable difference for our communities. There is no doubt Victorians have spoken loudly and clearly, and we are going to support this cry for help with legislation that narrows the scope for those who continue to scoff at the law. As the member for Macedon said, we have to be careful of a heavy-handed approach for those who breach the conditions. I respect that as well, but at the end of the day looking after our communities and safety in our communities is absolutely paramount. This legislation continues to support our strong law and order platform, which Victorians continue to demand of us.

The bill’s purpose is also to provide for the appointment of retired judges of superior and intermediate courts of other jurisdictions and to expand the classes of member eligible to be appointed as a chairperson. It is also to provide for a deputy chairperson of the adult parole board. That will provide


3342 ASSEMBLY

The bill also ensures that registered victims are given at least 14 days notice of a prisoner’s release on parole. In the past a registered victim may have been notified

Tuesday, 15 October 2013 for a maximum term of office and for registered victims to be notified before the release of a prisoner on parole, which I will go into in a moment.

The bill amends the Corrections Act 1986 to implement the first part of the legislative reforms arising from the measures of the Callinan review, as I have said and as others have referred to this evening. The review was released on 20 August and identified 23 measures to improve Victoria’s adult parole system. The government is committed to swiftly implementing a number of the administrative and legislative changes that have been recommended in this report. Former

High Court Justice Callinan undertook the most comprehensive review of Victoria’s parole system in decades. Failures have occurred in the parole system that have led to tragic consequences, and some of those cases have been spoken about this evening and are known to most of the members of this house. The coalition government and the Victorian people rightly believe that these tragedies are unacceptable, and this will go some way to reducing the chance of these crimes happening again. some six months out that a prisoner was due for parole in the near future, but nothing specific was given to those victims. It can be quite a shock, because as we have seen, some of the victims still live where they have always lived and feel threatened if somebody who has committed a crime against them is to be released and they are not sure when that will be. Certainly the

14 days notice is an improvement for the victims.

The bill requires the board to include in its annual report the number of persons who have been convicted of a serious offence committed while on parole in the previous 12 months or the reporting period. Again, that allows for accountability and transparency. If the parole board is doing its job and getting it right, that will be reflected in the annual report, and if it has not been getting it right and people have been convicted in the previous 12 months, that will also be transparent.

Justice Callinan also found that the system had become skewed too far in favour of the offenders and away from the victims, because sometimes it is the victims who are forgotten in these situations, and certainly their families and the broader community. The coalition government agrees that a long-term process of reform of the parole system should continue, and this bill begins the reform process. Other measures that were identified in the Callinan review will require further detailed consideration to ensure that they are most effectively implemented. This work is being undertaken, and a cabinet task force led by the Premier himself has been established to consider the complex legal challenges involved. Again this is an ongoing process. We will not change things overnight, but this is the next step.

The bill provides that retired superior court and intermediate court judges from any Australian jurisdiction are eligible to be appointed as members of the board. Again, this gives flexibility. Obviously the full-time chairperson does not need to be a sitting judge; they can be a retired judge. That gives flexibility and wider scope for a skills-based approach on the parole board. The Governor in Council may appoint as deputy chairperson a member of the board who is eligible to be appointed chairperson to exercise the functions and powers of the chairperson when the chairperson is unable to do so. That is another practical outcome; the show will go on if the chairperson is not available.

In accordance with measure 7 of the report, the bill will amend the act to enshrine that safety and protection of the community is the most important aspect when we are looking at parole. It is not about the rights of a person going on parole; it is about looking after the safety and security and even the perception of safety and security in our communities. We know that being safe in our community is important, but feeling safe is just as important.

The bill will implement the legislative reforms identified for swift action by amending the act to enshrine the safety and protection of the community as paramount. It will allow for the appointment of a full-time chairperson and introduce time limits for appointments to the board, so that board members are not representatives on the board for any longer than nine years. The member for Altona mentioned that in her contribution, and for many reasons that is a practical outcome — that is, that nine years is a maximum. I think that is another positive step forward.

I am running out of time. I have covered in part the

14 days notice, so I do not think I will go much further into that.

An

Mr honourable

McCURDY — No, I just do not know which ones to choose, but I will prioritise them and summarise my comments. member interjected.

We heard earlier this evening that parole is a privilege not a right, and it is important that we make that message clear. The changes we are making through the


Tuesday, 15 October 2013 ASSEMBLY 3343 bill endorse the fact that parole is a privilege and should be treated that way. We also know that community safety is our no. 1 criterion when we are considering changes. The provision concerning the adult parole board chair speaks for itself, as does the nine-year maximum for board members and 14 days notice of a prisoner being released on parole.

It is important that I, as someone on the left of politics, someone who came here as a human rights lawyer, and all of us on this side of the house, honour and expand a rights-based, intellectual tradition of those who have been the victims of crime, who are so often women and children. While it is critical that we have first-rate people defending and standing up for those who find themselves on the wrong side of the law, that is not the only path for human rights lawyers, and our side of politics must properly develop and respect the language of rights of those who have suffered.

The legislation will not bring back Jill Meagher and others like her. We hope we do not see such crimes again in this state. Things change, and who knows what will happen in the future, but all we can do is try to make the reforms that will prevent such crimes being committed by those on parole. It will certainly underpin our law and order platform, and hopefully we can avoid some of the horrific crimes we have seen in the past.

All we can do is continue down this path to make sure that we do our best given the circumstances of the day and the evidence we have. We must ensure that community safety is our no. 1 priority. I commend the bill to the house.

Ms GARRETT (Brunswick) — It is a privilege to rise to speak on the Corrections Amendment (Parole

Reform) Bill 2013. It is a privilege for every member of this house to speak on the bill, because I know that every member keenly feels the losses that our community has suffered with the horrific crimes we have witnessed and experienced, particularly over the last little while. This is a deeply distressing issue for members of this house and the communities they represent. Our communities have been deeply wounded. Of course, though, their wounds are minor compared to those of the families and loved ones of those who have suffered.

This bill is on a topic that I know each member, regardless of the side on which they sit, feels deeply. I know the passion with which people speak, and what I have heard from them reflects that. The member for

Prahran went through a range of heinous situations we have witnessed, and his voice reflected the pain he feels. We all feel a deep sense of loss. We know, particularly in circumstances like the Jill Meagher case, that the justice system failed these people profoundly.

As I speak on the bill, reflecting on the words of those who have spoken before me and acknowledging this distressing issue, I know that clearly this community needs an honest conversation about the justice system.

Both sides of the house need to have an honest conversation with the community about the justice system. Plenty has been said on my side of the house about the failings of those on the other side in this area, and no doubt I will touch on some of them.

Similarly, I believe those on the other side of politics must understand that it is complex and difficult to navigate the justice system and that cutting services and removing from those who are disadvantaged and vulnerable the pathways to a meaningful and participatory approach to society compounds and expands problems relating to criminal activity and making the wrong choices in life. Again I say we need an honest conversation about where resources are allocated, about where rights lie and about where we see the future of our community. Clearly there is a major problem in some of the most deviant and diabolical individuals being released on parole to then continue to commit the most appalling and unimaginable crimes.

We support this bill, but as my colleagues have said, the concern is that it does not do what it purports to do. In particular we note there has not been an honest conversation. We note that the drafting of the bill was conducted in secrecy, and as a community, given what we have all gone through, the days of secrecy and not having honest conversations on matters such as these are over. It is clear when you hear the raw stories of the families profoundly affected by some of the decisions that have been made by those in our justice system that they feel that secrecy has compounded their distress.

We certainly highlight that as a major issue. I understand that these are difficult conversations, but they are difficult conversations we all need to have.

There is no point in making changes if the resourcing is not there to back up those changes in a meaningful way, and that is absolutely clear. The fact that the budget for the Adult Parole Board of Victoria is just shy of

$3 million, the fact that we have had a series of legislative changes from the government claiming that it is changing the law and order agenda with no money to back that up, the fact that we are seeing what could be described as just window-dressing changes to our justice system that really are not addressing the area where we need to be focusing resources and our attention, is very disappointing.



The parlous state of legal aid in this community is short sighted. It is bringing much of our system to its knees, and it is compounding costs at the other end. importance of the government’s determination to rebalance our criminal justice system to ensure that our community is safer.

Mr

Ms

Mr

Watt interjected.

GARRETT conversation — —

Watt

— It is. Trials are being abandoned and strange decisions are being made. I understand that the member for Burwood is agitated about these truths but we are trying to have, as I said, an honest

interjected.

Ms GARRETT — I think the member for Burwood should reflect on some of the comments he has made. I do not mind robust discussion but I would not accuse myself of grandstanding. I am not afraid to say that sometimes I do, but not tonight.

This bill will amend the Corrections Act 1986 to ensure that the safety and protection of the community is a paramount consideration in whether parole should be granted, varied, revoked or cancelled or whether cancellation of parole should be revoked. That is important language because it will give people in my community and in the rest of the state some comfort that with these changes to the act their safety and protection will be the paramount consideration. Clearly, that has not been the case up until now in some cases.

These things are critical. If the government wants to convince Victorians that it has a genuine agenda in this area and that it wants to clearly address some of the major failings in our justice system and does not want to compound those failings by creating a system in which people are unable to get away from a potential life of crime, then it needs to do a lot more than it has done with this piece of legislation. It needs to do a lot more than it has done with its previous pieces of legislation in the law and order space.

The bill also allows for the appointment of a full-time chairperson for the Adult Parole Board of Victoria.

Again, that provision recognises the importance the government is placing on the parole board getting these decisions right, keeping in mind the consequences of decisions that are not right. The bill will also set a time limit for the appointment of members of the board of not more than nine years in total. That again reflects the fact that it is a positive move to have fresh faces and fresh ideas over time on the parole board. The government has accepted that recommendation in the

Callinan review.

As I conclude on what is a profoundly distressing topic for every member of this house I ask for that honest conversation. The government holds office, and it is up to its members to show leadership on this issue; we will be holding them to account on that. The secrecy, the lack of resourcing and, to paraphrase the member opposite — even though I am not supposed to take up interjections — the ‘grandstanding’, have really been all on the government side on so many of these issues.

It has failed the Victorian community with hollow words that are not backed up by genuine change.

I call on the government to embrace that honest conversation, to embrace change and not to fall back into old language and old habits. Rather, it needs to see the complexity of, the reality of and the difficulties in the justice system and do the best it can to make sure those who need it the most, the vulnerable and the victims, actually get the relief and the care they deserve.

The bill also provides that registered victims are given at least 14 days notice of a prisoner’s release on parole.

It ensures that the board must include in its annual report the number of persons convicted of serious offences during the reporting period, and it makes a number of other amendments.

That summary, as I said, shows the determination of the government to ensure that the parole system, which has not got the balance right in the past, is improved. I would like to be able to say to the house tonight that we would always be able to ensure that victims are considered first and foremost in every instance. The government is certainly working towards that because it is important that victims of crime have a greater say in our criminal justice system, and this government has, since day one, been rebalancing our criminal justice system and other aspects of government to ensure that public safety is paramount.

Mr GIDLEY (Mount Waverley) — I rise tonight to make a contribution to debate on the Corrections and

Amendment (Parole Reform) Bill 2013 and I intend to comment on the changes the bill makes to our parole system and then more broadly, in line with the way the debate has developed tonight, on public safety and the

Let us have the honest conversation that others across the chamber have talked about. Under this government we will have 1700 additional front-line police. That is a fact; that is the record of the government. Under the opposition when it was in government, Victoria had the lowest, not the second lowest, number of front-line police per head of population of any state in Australia.

That is the honest conversation.



The Age and the ABC are two news sources I have come across that talk about that honest conversation.

An Age article of 14 May 2010 carrying the headline

‘Brumby in backflip on suspended sentences’ states:

The Brumby government, in a major policy reversal ahead of the state election —

ASSEMBLY

Let us have a look at the previous government’s record on suspended sentences. It is crucial that we get this right — that the sentence is appropriate for the crime and that rehabilitation opportunities are provided where possible — not only for the person who has been convicted but also for the victim and the victim’s family.

I turn to deal with suspended sentences. I can only imagine the heartache that a victim of a serious crime or a member of their family would feel seeing a convicted offender walk out of the courtroom with a fully suspended sentence. It took until 5 minutes to midnight — a state election year — for the previous government to come to its senses and take up the then opposition’s policy of abolishing suspended sentences for serious criminal offences. Let us have that honest conversation. enforcement duties. In addition, there is the establishment of a Victims of Crime Consultative

Committee to provide a permanent reference group for victims to have input. These are just a few initiatives.

They are the facts; that is the honest conversation; they are the initiatives that this government has put forward from day one. It is a record the community supports. It is a record that gives priority to crime prevention, community and public safety and justice and rehabilitation, balancing the needs of victims against the needs of offenders.

There has also been some commentary by the

3345 opposition in relation to the corrections system. Again let us have an honest conversation. Did we come to a situation where we had pressures on our corrections system overnight after November 2010? We did not.

We have that pressure on our corrections system because for the 11 years of the previous Labor government it did not get that balance right. It did not invest in the capacity of the corrections system. It did not invest the right resources. That is why we have the problem. The community will not be fooled. It did not happen overnight; it happened over a period of time.

This government is taking the appropriate measures to undo that damage, but it cannot be undone overnight. this was a state election year — is set to abolish suspended sentences for serious crimes in

Victoria.

The article describes the government as adopting a position that was almost identical to that of the coalition at the time and goes on to say:

Victims of crime advocates welcomed the change, but admonished Labor for what one called a spectacular backflip.

We are building additional capacity, such as the work that has gone into the Ararat prison, again because of the failings of the previous Labor government to get that right. If this government had not taken corrective action to ensure that the facility could be built, constructed and completed, our corrections system would have been the worse for it. Again, from a public safety point of view, in which this debate has engaged widely tonight, we would have had additional strain on our policing resources.

I say this because of the importance of getting the policy and the conversation right. There is no doubt that the determination not to abolish suspended sentences was wrong; it was a failure of the previous government.

This government has taken strong action to abolish suspended sentences. Those are the facts.

In addition to that, there are a range of other initiatives that the government has put forward and is in the process of implementing to rebalance the criminal justice system, to ensure that victims have a greater say in the rehabilitation process and to ensure that our streets and communities are safer. These include things like the introduction of community corrections orders to allow community-based orders now to include jail time, and increasing the membership of the Sentencing

Advisory Council board to include a member from a victim-run support or advocacy group and a member who is a police officer actively engaged in law

I am all for honest conversations; I think we should have them. Let us put the facts on the table. In summary, let us address those facts again. We have abolished suspended sentences for serious crimes; introduced 1700 additional front-line police officers, taking Victoria from the lowest number of front-line police officers of any state in Australia; and we have reformed the Sentencing Advisory Council. We have ensured that our corrections system is better resourced to fix the failings of the previous government. We have rebalanced the scales to ensure that in our parole system, as I have identified tonight, and in a number of particular areas, the safety and protection of the community is paramount. These are all indicators.

These are actions, decisions and policies being implemented by this government that were not implemented over the 11 years of the previous Labor government.



Whilst I welcome the sense of bipartisanship which has been put forward by people from the opposition on some aspects of public safety, if they want to go down that path and have that honest conversation, they should at least concede their fundamental failures in this area.

They did not act. This government is prepared to act and deliver for a stronger, safer and more prosperous

Victoria.

Ms bill.

BEATTIE (Yuroke) — I rise to make a contribution to the debate on the Corrections

Amendment Parole Reform Bill 2013. Members of the opposition do not oppose this bill — in fact we support it. Although the bill contains some difficulties we would like to see addressed, on the whole it is a good

Before I start my contribution, I pay tribute to my friend the member for Brunswick on an extraordinarily difficult contribution for her to make to this debate. One of the heinous crimes that has been much talked about during the debate has touched her personally, so I admire her for the contribution she made and the manner in which she made it. She made a plea that any discussions on these matters be conducted in a sensible and cooperative manner, and I agree with her, as I am sure do all members of the house. In these sorts of matters we on this side of the house are not the bad guys, and neither are those on the opposite site. The bad people who do bad things are the bad guys, and we have a collective responsibility to try our utmost to prevent bad things from happening. However, no matter what we do we will never prevent all crime from happening. No matter how many resources we put in and no matter how many bills we pass in this house, crime will happen because bad people are out there, and they do bad things all the time.

The legislation before the house has arisen from a review of the operation of the Adult Parole Board of

Victoria which was conducted by former High Court judge, Ian Callinan, AC, a most learned and respected jurist. However, we on this side of the house are a little concerned that initially the review was conducted with a degree of secrecy. The review was not conducted in public, nor were submissions sought from members of the public. As I said, given the public interest in these issues, we on this side of the house feel that an opportunity was missed to consider expert advice and to hear the concerns of a wide range of people, including victims and their families. On 20 August a version of Ian Callinan’s report was released, and the terms of reference for that review were made public only at the time of the report’s release. My understanding is that some 23 recommendations were made, most of which will require legislation to enact, but other recommendations may be enacted through administrative processes.

We on this side of the house would like to see more resources put in. In particular we would like to see more resources made available to the parole board itself. Of course we always would like more resources to be made available to the court system, because even

Ian Callinan described the workload of the adult parole board as ‘intolerably heavy’. Even though the number of parole releases, denials and cancellations has risen by

35 per cent — an extraordinary number — and the number of meetings of the detention and supervision order division has increased by 44 per cent, funding has increased by only 14.5 per cent in actual terms, and staff numbers have been cut by two full-time equivalent positions, so we can see that things are a bit askew. The workload is getting heavier, but resources are becoming fewer and fewer. This government needs to listen to not only the call from this side of the house but also the calls from victims and their families for more resources to be made available to the parole board.

As I said earlier, nearly all the stakeholders called upon have talked about the board’s intolerably hard workload and the need for the provision of more resources. After the redacted version of the Callinan report was released on 20 August, one measure put in place was the provision of an email address so that victims and their families could put their concerns on the record.

Opposition members do not think that an email address is a good enough mechanism for people to register their views. We think that the government has shown a lack of commitment in involving the public in the workings of the adult parole board. It would have been better to have involved experts, victims and workers. Another aspect of the bill is that it provides for the appointment of retired judges of superior or immediate courts of other jurisdictions to the adult parole board, which is a good thing. It also provides for registered victims to be notified before the release of registered prisoners on parole. Some victims say that they need to know if a prisoner who perpetrated a crime upon them is going to be released, otherwise they will live in fear all the time.

Sometimes victims of heinous crimes are the most vulnerable people in our society. They are often women and children and are particularly vulnerable. Through this legislation such people can be notified of the release of a prisoner who has perpetrated a crime against them.

I turn to the provisions of the bill relating to the appointment of the chairperson and deputy chairperson of the adult parole board. As I said earlier, such appointments can be made of retired judges of the

Supreme Court or the County Court who have held


Tuesday, 15 October 2013 ASSEMBLY 3347 office, but a couple of conditions are attached to that.

Such a judge must not have held office as a member of a board for the previous 12 months, and on appointment is also appointed as chairperson. I reiterate what I said earlier in my contribution to this debate.

In the majority of instances registered victims are, through this bill, provided with 14 days notice of a prisoner’s release on parole. The bill also ensures that the adult parole board annual report will state how many people were convicted of a serious offence within that reporting period while they were on parole.

This side of the house supports this legislation. We hope that it goes some way to providing victims and their families with some comfort and support.

However, these sorts of offences will continue to happen, and as a society we can attempt to close the gaps and continue to close the gaps. However, neither opposition members nor government members are the bad guys. The bad people are those who perpetrate heinous crimes upon the most vulnerable people in our society. I conclude by saying that this legislation is another step in society’s — not the Parliament’s — attempt to close the gaps and to lock people who have no hope of reform away from society. I commend the bill to the house.

Ms RYALL (Mitcham) — I rise to speak on the

Corrections Amendment (Parole Reform) Bill 2013.

This bill is about putting in place the first tranche of reforms that have arisen out of former High Court judge

Ian Callinan’s review of the parole system in Victoria.

The bill amends the Corrections Act 1986. The

Callinan review was released on 20 August this year and identified 23 improvement measures for Victoria’s adult parole system. A number of these improvements are able to be quickly put in place and relate to administrative and legislative changes. There are other measures, however, that require considerable consideration to make sure that when we implement them we get them right. A cabinet task force has been put in place to consider those complex and legal changes that are required.

The main finding by the review was that the parole system was skewed in favour of the offender and away from the victim, the family and the community. This government has implemented reforms to the parole system, and this bill builds on those reforms that have already been made. In determining whether a person should be granted parole, have it varied, revoked or cancelled, or whether cancellation of parole should be revoked, the bill makes community safety and protection a paramount consideration.

The bill enables a Victorian Supreme Court judge, a

County Court judge or a retired superior or intermediate court judge from any jurisdiction within Australia to be eligible for appointment to the board, either full or part time, and one of these will be eligible for appointment as the chairperson or deputy chairperson.

This bill enshrines the community’s safety and protection in legislation, making it the first priority of the adult parole board. That is to be commended.

Community safety and protection should rightly take priority when making parole-related decisions. It is what the community expects and wants. I have spoken to victims of crime in my electorate of Mitcham and in my community. They have related their experiences to me and also told me their concerns about the parole system. Their concerns relate to sentencing and to being treated with respect. They believe the system should be weighted toward them and away from the offender.

That is what they want. As a government we have seen our changes to the justice system focus that weighting on community expectations and on what victims of crime want and away from the offender.

I spoke to a man in my community whose son, tragically, was murdered. Any time I hear about a person being murdered, particularly a child, the thought to me, as a mother, is absolutely horrendous. I do not know how I would cope with such a circumstance. I had a very long conversation with this man from my community. His grief was evident. It was palpable, and

I could feel it; I could relate to it and identify with it.

But I got to go home at the end of the day, whereas he was stuck with the fact that his son has been murdered and is never coming back. To even try to identify with that situation is very difficult.

Criminal cases and tragic circumstances have been reported in our media in recent times. They have been in the forefront of our minds. As we have said on many occasions, parole is not a privilege; it is a right. I am pleased that this government has acted and continues to act in rebalancing our justice system. The bill also allows for the appointment of a full-time chairperson of the Adult Parole Board of Victoria as well as a deputy chairperson. There will be a limit of tenure on the board in terms of no more than nine years, with one exception.

I want to touch on a point posed by those opposite.

Those opposite claimed there has been some secrecy around the review and the report. Justice Callinan is eminently qualified. He is a former High Court judge — an esteemed individual. It is unfair — in fact I

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3348 ASSEMBLY think it is ridiculous — to suggest that this report was prepared in secret. Page 3 of the report details terms of reference. The report in appendix 1 also contains a list of the people who were consulted and who submitted information. There has been an open and frank assessment that has recognised the people who have contributed. There has not been anything secret.


College. I urge the minister to take action and fund these works for the sake of the college’s 919 students, the students’ parents, the staff and the Carrum Downs,

Skye and Sandhurst communities in general.

I also want to point out that those opposite seem to believe that any change or improvement has to relate to money. For years we heard about all the money Labor was spending, but we never actually heard about the cause being treated. Therefore what we saw was deterioration of services over time. Justice Callinan has been quite clear in this review that this is a cultural issue. You cannot buy a change of culture. It is not something that money can buy. Culture is the assumptions and values of people. It is situations and circumstances like those we have seen that start to impact on that culture and the legislation we put in place.

Business interrupted under sessional orders.

The DEPUTY

ADJOURNMENT

SPEAKER — Order! The question is:

Midsumma Festival

Mr NEWTON-BROWN (Prahran) — My adjournment matter is directed to the Minister for

Tourism and Major Events. The action I seek is that the minister consider directing funds to the 2014

Midsumma Festival to assist with its promotion as one of the premier major events on Melbourne’s calendar.

The 2014 Midsumma Festival will be held from

12 January and will run through to 2 February 2014. It really is a fantastic event, encompassing everything unique and diverse within the gay, lesbian, bisexual, transgender and intersex (GLBTI) community.

First held in 1988, Midsumma showcases the artistic talent of Melbourne’s queer community. The festival attracts an array of queer arts and cultural participation through community-produced events such as arts exhibitions, cabaret and musical performances, theatre performances, live bands, dance parties, picnics, discussion forums and sporting events to cater for queer and mainstream participants.

That the house now adjourns.

Carrum Downs Secondary College

Mr PERERA (Cranbourne) — The matter I raise is for the attention of the Minister for Education. I call upon the minister to take action to fund the much-needed modernisation needs of Carrum Downs

Secondary College. Carrum Downs Secondary College is home to 919 students and is ably led by principal

Marie Walker and her very dedicated staff. The college is located in the Frankston municipality in my electorate of Cranbourne. Carrum Downs and neighbouring Skye have a number of newer housing developments, many which have been developed since the early 2000s. Many young families have moved into the Carrum Downs-Skye-Sandhurst catchment area.

These young families call Carrum Downs and Skye home, and many of them send their children to Carrum

Downs Secondary College for their educational needs.

While Midsumma Carnival has now become a mainstream event that is enjoyed by the wider community, back in 1988 Midsumma must have been a groundbreaking festival for the GLBTI community. It would have given the community a real sense of pride and strength in those early days. It has now grown to be recognised nationally and internationally as a prominent annual arts and cultural festival that celebrates the pride and diversity of Victoria’s GLBTI community.

Events are held in over 85 different venues throughout metropolitan Melbourne and, importantly, in regional

Victoria as well. In 2013 approximately 132 000 people attended Midsumma Festival events, and recent indications suggest that 10 per cent of attendees came from regional Victoria. It is therefore not just an inner city Melbourne event; it is a broader major event, and it is an important event for the state of Victoria as a whole.

The school is in dire need of outside undercover areas where students can be out of the weather in winter and the enlargement of the gymnasium to cope with the college’s needs. There is also a need to replace the portable classrooms with permanent buildings.

Unfortunately this government has not invested a red cent over its last three budgets to rectify the situation with much-needed works at Carrum Downs Secondary

The Prahran Liberals have been involved with the

Midsumma Festival for many years. Last year I was pleased to represent the government at various events during the festival. The year 2014 will mark the 26th year of Midsumma Festival, and the largest event of the festival, Carnival, will return on 12 January. Carnival is a highlight for festival goers and is a day-long

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Tuesday, 15 October 2013 ASSEMBLY celebration which opens the festival. Over

100 000 people attend Carnival day. Along with

Carnival, there are a number of free and ticketed events and shows which are designed to appeal to a wide audience.

The event is positioned as a cultural festival that is also a tourism destination, and that is why I am calling on the Minister for Tourism and Major Events to consider providing some funds for its promotion. In previous years the festival has attracted people from overseas as well.

Hastings MP Neale Burgess has successfully lobbied his

Liberal Party colleague, southern peninsula-based Minister for Education Martin Dixon, to allow Somerville children newly enrolled at Mornington secondary onto a school bus if an older sibling already uses the service.

3349

Ms GRALEY — The answer, of course, is no — that is right. Instead, the minister has intervened and reinstated the conveyance allowance for a school in

Mornington — for a school, I might add, that is located just outside his electorate in an electorate held by one of his Liberal friends, who, as I mentioned, is in the chamber tonight: the member for Hastings. In the article headed ‘School bus exception not the rule’ from the Western Port News , it is reported that:

Midsumma Festival Inc. is a non-profit association with a volunteer board and a budget of around $600 000. It receives a government contribution from Arts

Victoria — through the Minister for the Arts — and from the cities of Melbourne and Yarra. It is a great day out. It is a major event in Victoria’s action-packed events calendar and well worthy of consideration for a contribution given its tourism contribution to

Melbourne and to Victoria. I ask the minister to consider making such a contribution.

The article is of course accompanied by a photo of the honourable member surrounded by satisfied local parents and students. Nice smiles all round. And why would they not be happy? Jenny Cuffe and her four children would have loved the assistance, not to mention the special attention. It is clear that the minister has seen the devastating impact his cuts are having on schools right across the state, yet he has chosen to display favouritism.

Education conveyance allowance

The minister has chosen to reward the member for

Hastings, someone with an electorate very close to his own, while families in my own electorate are once again left behind. The spokesman said:

Ms GRALEY (Narre Warren South) — My adjournment matter is for the attention of the Minister for Education and concerns the student conveyance allowance. The action I seek is that the minister reinstate the student conveyance allowance for families in Narre Warren South — and I am very happy to see the member for Hastings in here this evening. The conveyance allowance had been used by local schools to subsidise school buses to ensure that there were transport options available to all students, but these options are disappearing and local parents are being forced to make difficult decisions about where they can send their children.

In an article entitled ‘Creeping school cuts’ in the

Berwick News , Jenny Cuffe, a mother of four children, said, ‘The cost impact is an insidious creep unfortunately’. She further added, ‘I can’t see it being fixed — the alternative is that we’ll slowly lose our bus’. Jenny’s children attend Berwick’s St Francis

Xavier College, one of the many local schools hit hard by the devastating decision to cut the conveyance allowance. But has the minister or indeed anyone from the Napthine government taken action to relieve the burden to ensure my local families have access to reliable and safe transportation to and from school?

The department’s school transport policy has remained unchanged since 2012.

There has been no specific or blanket ministerial intervention with regards to siblings of students who are eligible for student transport.

Such is the hypocrisy of the minister that when quizzed by the Berwick News a spokesman denied that the minister had intervened at all. Yet students in a Liberal

Party-held seat have been exempted and can travel without charge with their older siblings. Meanwhile students at Berwick’s St Francis Xavier College and other local schools receive no subsidised public transport. All I am asking of the minister is for him to be fair and reinstate the transport conveyance allowance for families in Narre Warren South — —


Support Small Business Day

Mr Nardella — No.

Mr THOMPSON (Sandringham) — The matter I raise is for the attention of the Minister for Innovation,

Services and Small Business. I note that the minister also holds the portfolios of tourism and major events, and employment and trade. The action I seek from the

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3350 minister is for her to advise my constituents as to what benefits they will receive as a result of registering for

Support Small Business Day, which is set to take place on Saturday, 19 October 2013.



East–west link

Small business is the engine room of the Australian economy. Over 96 per cent of businesses in Australia are small businesses. They are a major employer.

Within the Sandringham electorate there are the business precincts of Hampton, Black Rock,

Sandringham, Cheltenham, Beaumaris, Mentone and

Highett. In addition to the retail high street precincts of those areas, many other businesses are run from home and are also in the light industrial sectors of the economy. Businesses that 40 years ago started in Bay

Road through the good work of migrants, who came to

Australia with their suitcases and their hopes, have been transformed into major employers in the district that export to the world. There are multiple stories of people who applied their skill, ingenuity and innovation to developing products which have serviced not just the domestic market but international markets as well.

There are a number of ingredients for a business to succeed. One is the infrastructure that services the community, and the Victorian government has committed to the development of the ports of Victoria and the road network to facilitate the movement of goods and the export of primary products, which have gone through the port of Melbourne at record levels.

These are all factors that underpin the strength of the

Victorian economy.

Mr MADDEN (Essendon) — My matter tonight is for the Minister for Roads. I ask that he have VicRoads review aspects of the intersection at Mount Alexander

Road where it meets Flemington Road and where access is needed to Elliott Avenue travelling towards the east. Currently traffic from Mount Alexander Road needing to travel up Elliott Avenue towards or past the

State Netball Hockey Centre needs to merge across two lanes of traffic and a bicycle lane to get into the far left-hand lane in order to turn left up Elliott Avenue. At times this lane can be full of traffic coming off the freeway.

Alternatively, traffic coming from Mount Alexander

Road can turn right into Boundary Road and travel up to Racecourse Road and turn left onwards to Elliott

Avenue. The difficulty with this is that there is no dedicated right-hand lane from Mount Alexander Road to make this turn. Though there is a right-hand turn light, the road markings do not indicate the ability to turn right; they only have straight arrows in those two lanes up Flemington Road and the green arrow is only available for a short time. If this option is taken up, it forces traffic to back up into Mount Alexander Road.

Not many people are aware in the highways and byways of the state of the contribution to the national economy of the major export products, or indeed what they are. They include coal, iron ore, tourism and, most interestingly, tertiary education, which is one of the major export earners of the national economy. These export products drive employment.

Currently many parents from the Moonee Valley area seek to travel up Elliott Avenue to take their children and sometimes themselves to participate in either netball or hockey in this area. My concern is that the current traffic congestion will be exacerbated by the government’s proposition in relation to the east–west link. The Linking Melbourne Authority suggests that there will be increased traffic on these arterial roads of somewhere between 10 and 15 per cent.

There are also the roles of industry and the major events program in this state, which are interdependent, one upon the other. The major events calendar includes the

September AFL finals season, the Spring Racing

Carnival, the Australian Open Tennis Championships, the Melbourne International Comedy Festival and a raft of other events that drive outcomes — —


The knock-on effect of forcing traffic onto Boundary

Road or Racecourse Road is quite significant, particularly for those travelling from the southern section of the Moonee Valley area. If they are accessing

Elliott Avenue, travelling towards the State Netball

Hockey Centre or even further to the east, or potentially onto what will be the new access points to the east–west link to the east on Elliott Avenue, my concern is that this will exacerbate the levels of traffic congestion and traffic safety.

Mr THOMPSON — The interjections made from the other side are that these are in broader Victoria, but the world yachting championships are held within the

Sandringham electorate, as is the World Cup of Golf.

They all provide jobs and employment — —

Currently the merging traffic at the end of Mount

Alexander Road heading towards Flemington Road, including those cars coming off the freeway that want to merge across the freeway lanes into Mount

Alexander Road to get towards North Melbourne, is

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Tuesday, 15 October 2013 diabolical and in particular risks the safety of anyone travelling in those cars. My request to the minister is that he have VicRoads review this as a matter of urgency to see what significant difficulties will be caused by the east–west link in relation to this issue.

ASSEMBLY 3351 atmosphere. The crop is harvested, processed and burnt, and thus the cycle continues.

Mr

Carwarp

CRISP companies. thermal power station

(Mildura) — I raise a matter for the attention of the Deputy Premier and Minister for

Regional and Rural Development. The action I seek is for him to advise what assistance the coalition government will offer for the development of a biomass thermal power station near Mildura. Balfour Beatty

Investments has announced its intention to build a substantial thermal power station on Carwarp Road. A power plant is being developed by a subsidiary of

Balfour Beatty, which is a UK infrastructure company.

The power plant will use waste almond shells, hulls and grape marc for fuel. It is going to be co-located with an already existing almond processing plant.

There will be considerable benefits to the community if this project is undertaken, including job creation and ongoing economic contributions. The project will require around 100 employees during the construction period and 20 to 30 employees for its operation. It may also create local training opportunities, and I will touch on that a little bit later. The waste product that will be produced by the power plant is an ash that is quite high in potassium and which can be on-sold to local

Balfour Beatty Investments contacted the government about 18 months ago and has been working with the

Deputy Premier, Regional Development Victoria and the Mildura Development Corporation to develop this project. I pay tribute to everybody in this chain who has worked very hard on this project, in particular the

Mildura Development Corporation and its CEO, Anne

Mansell. Without Anne’s attention to detail and persistence, this project would not have come about.

This is an excellent example of how one industry can lead to another. The investment in almond processing by Olam Orchard on Carwarp Road was the catalyst for this proposed development. The coalition government assisted with the establishment of Olam, and it is now seeking support for Balfour Beatty Investments to build this exciting engineering development. As a lapsed electrical engineer, it is pretty satisfying to see a project of this nature; however, I diverge from the issue. Can the minister outline what the coalition government can contribute towards the development of this project?

Springvale needle exchange program

Mr PAKULA (Lyndhurst) — The matter I wish to raise tonight is for the Minister for Mental Health and

Minister for Community Services. It concerns the closure of the needle exchange program in Springvale and its winding down in Dandenong. This matter was brought to my attention by Mr Hung Vo and Mr Tony

Berrigan, both former employees of Monash Health, who have been personally involved in the foot patrol program in Springvale. The needle exchange program provides tens of thousands of clean syringes every month, and at the same time removes used ones from circulation. There have been regular foot patrols in

Springvale, which have been responsible for picking up dirty needles that would otherwise have been left in streets and parks, posing a major health risk to the people of Springvale. Workers on the ground have also been assisting those affected by drug abuse to access health and other community services. Constituents of mine who have been involved in the program consider it to be a great success, as does Angela Long, the mayor of the City of Greater Dandenong. Both Mr Vo and

Mr Berrigan have told me of their experiences as part of the regular foot patrols. Users in the area have come to know the route they take and actively seek their assistance.

I will just give some more detail about biomass.

Orchards grow the almonds. They are hulled and shelled and the kernel is then sent to market. Those shells sit there as a source of fuel. Grape marc is winery waste — that is, stems, skins and seeds. The Deputy

Speaker will well know that is the case, coming as she does from an area where grapes are processed. This is dried off. Some is used for tartaric acid, but most of it is dried and is currently awaiting a use. The olive pips at

Boundary Bend — I must save that thought — I am sure will burn as well. The burning is carbon neutral.

The trees and vines sink and store the carbon from the

Monash Health has downgraded the facility in

Dandenong from a primary to a part-time facility with a couple of casual nurses, and it has closed the outreach program in Springvale altogether. This has led to a number of staff being made redundant, with several more expected to lose their jobs. A number of workers have left because of their disagreement with the changes that are being made. The axing of the foot patrols in Springvale and those outreach programs will leave drug users and other members of the community at greater risk of contracting blood-borne diseases, including HIV, due to the sharing of needles as well as

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3352 the increased risk of exposure to dumped needles in parks, near train stations, in streets and in alleyways.

ASSEMBLY

I ask the minister if she can look into this situation and provide support for the needle exchange program, including the foot patrols and outreach programs in

Springvale, in order to assist those affected by drug abuse and to reduce the health risk to the Springvale community caused by the sharing and discarding of used and dirty syringes. about. I want to make sure that the students of the

Burwood electorate get the opportunity to be inspired, as I was as a youngster. The last Burwood youth forum was a great opportunity for the youth of Burwood to engage with the minister, and by all reports it was a roaring success. I look forward to the minister’s involvement in the next forum.

Lara electorate railway

Tuesday, 15 October 2013 noise pollution

Burwood electorate youth forum

Mr WATT (Burwood) — My adjournment matter is for the Minister for Youth Affairs. The action I seek is that he join me in hosting a forum for student representatives from local schools in the Burwood electorate. The last Burwood youth forum was attended by Burwood students from both independent and public schools. The schools involved were Ashburton Primary

School, Ashwood College, Roberts McCubbin Primary

School, St Benedicts Primary School, St Cecilias

Primary School — which I should note is just outside my electorate, in the electorate of the member for

Hawthorn — St Dominics Primary School, St Michaels

Parish School, Salesian College, Solway Primary

School and Wattle Park Primary School. It was a great opportunity for young people to raise issues they felt were relevant to them. Topics in the last forum traversed a diverse range of issues, such as cyberbullying, public transport, education and TAFE funding and even areas of federal significance, such as the Marriage Act 1961.

As I have said previously in this house, my life circumstances were changed by a member of the

Parliament of Western Australia when I was a young student. My experience has shown me that members of

Parliament can inspire the students of today to become the leaders of the tomorrow. I spoke of this experience in my maiden speech. I have also said a number of times in this house that I think members of Parliament can provide good pathways through sport and education that will set up the youth for the future. That is why I am proud of the investments we have made in the

Burwood electorate, including the $10.5 million rebuild of Ashwood College and the $6 million investment in

Ashburton Primary School, as well as the investments in Bennettswood Reserve, the home of the Emmaus

St Leo’s Old Collegians Football Club, known as The

Animals, Emmaus Wattle Park Junior Football Club and Deakin Cricket Club.

But what I am interested in is hearing from the youth of the Burwood electorate. I am sure the minister would also be interested to hear what the youth are talking

Mr EREN (Lara) — I wish to raise an urgent matter for the attention of the Minister for Public Transport.

The action I seek from the minister is an investigation and rectification of the issue of train noise in the Lara electorate, especially near the St Laurence Park

Retirement Village on Station Lake Road, Lara. I know the minister is aware of this issue because I have raised it with him now a number of times, including tabling a petition on 14 November 2012 from concerned residents regarding this issue. The residents of Lara, specifically the elderly and frail residents of

St Laurence Park, have serious concerns in relation to the impact of noise from passing trains that are literally metres from their homes.

Elderly residents have complained that the sound of the engines and the track noise are excessive and getting worse, not to mention that there is an overuse of piercing and invasive horns, which is very annoying.

Residents have also complained about the number of freight trains, which vary in number and size. Some of them have six engines these days and are very long indeed. Most of them come past at night causing disturbed sleep, which is a serious health hazard. The noise level from some trains is 92.5 decibels in one resident’s lounge room, which is totally unacceptable.

Their windows rattle, and they can hardly hear themselves speak as trains go past. With that said, these residents are aware of the importance of and need for public transportation within our community. They are not being unreasonable but are asking that some consideration be given to their quality of life and that the construction of sound barriers be given serious consideration by this government.

I am sure the minister gets many complaints such as these, but each must be taken into account and reviewed on its merit. We need to put this issue into context. These residents are elderly, and some are very frail members of our community, whom we need to support and take care of. They are suffering from a severe reduction in their quality of life because of this government’s lack of empathy for their situation.

Again, the action I seek is for the minister to investigate and rectify the issues of train noise in Lara, especially

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Tuesday, 15 October 2013 near the residents of St Laurence Park Retirement

Village on Station Lake Road, Lara.

Mount Waverley electorate public safety

Mr GIDLEY (Mount Waverley) — My adjournment matter tonight is for the Minister for

Crime Prevention. The action I seek is for the minister to visit the Mount Waverley electorate to discuss ways to further improve public safety in our local community. The coalition government has made a significant impact in improving public safety across the state and in our local communities. As a candidate in the 2010 state election, improving public safety was a significant aspect of my local campaign, and it remains a significant priority for our community.

Thus far in government the coalition has delivered

$39 million for a community crime prevention program. We have also introduced community also created the victims groups small grants scheme, abolish suspended sentences for serious crimes. It is also in the process of funding the recruitment, crime and improve public safety. I also note the contributions the government is making in its proposals in this bill to improve our parole and corrections systems. All these aspects I have mentioned are part of a comprehensive package of reforms to ensure that as a government we are doing everything we possibly can to improve public safety on our streets and in our homes and communities.

It would be nice to be able to prevent every single crime, but realistically we know that is not possible.

ASSEMBLY 3353

What we can do, as I said, is put in place as a priority this comprehensive strategy of action to improve our local community. The minister’s visit to my electorate will ensure that he continues to build on the good work that has been done in his portfolio and that he takes into account the views of residents in relation to preventing crime. That is why I ask him to come to our community to meet with residents and me to build on that work. correction orders, which allow community-based orders to include jail time. We have increased the membership of the Sentencing Advisory Council board to include a member from a victim-run support or advocacy group and a member who is a police officer actively engaged in law enforcement duties. We have also established a

Victims of Crime Consultative Committee, which is a permanent reference group to enable crime victims to have input into policy and to contribute to improving support services for victims. I note that the coalition has enabling victims groups to apply for grants to help meet the costs associated with their work in helping victims.

As I mentioned earlier tonight, the coalition has acted to deployment and training of 1700 additional front-line police officers. In my local community the government has undertaken a $27 million upgrade to the Glen

Waverley police academy to ensure that not only is our local economy supported also but future and existing members of Victoria Police have the best training facility possible to ensure that they can provide the best policing services to our local community to reduce


— Order! The

Responses


Small Business) — The member for Prahran spoke about the Midsumma Festival and requested funding for the 2014 festival being held from 12 January to

2 February 2014. The member for Prahran has been a very strong supporter of Midsumma over many years and has over many years successfully raised the matter of funding for this festival. I am pleased to advise the member for Prahran that the government, through

Tourism Victoria’s events program, has allocated

$10 000 to help market the Midsumma event. That is on top of the funding from Arts Victoria of $50 000 per year for the next three years. The member for Prahran made the point that this is a cultural festival as well as a tourism festival, and it is appropriate for Midsumma to receive arts funding for the festival itself and tourism funding to market the festival.

The government provides support for events such as

Midsumma because it wishes to attract interstate and overseas visitors to Victoria. In 2013, 12 per cent of all attendees at Midsumma were visitors from interstate or overseas. Sixty per cent of the interstate attendees came from New South Wales, and the majority of overseas visitors came from the UK, North America and

Malaysia. Funding from Tourism Victoria will assist with the production and distribution of the program, a

‘travel to Melbourne’ section on the website and a national advertising campaign. I reiterate the strong advocacy of the member for Prahran over many years on this matter, and I am delighted to inform him that funding will be forthcoming.

Similarly the member for Sandringham has been a powerful advocate in this chamber and in his electorate for the cause of small business. He fully understands the role that small businesses play, and he is well aware of their contributions to his own electorate and to

Victoria statewide. He has asked me to outline the benefits to his constituents of participating in Support

Small Business Day, which will be held on Saturday. I urge the member for Sandringham and all members of

ADJOURNMENT


Parliament to participate in Support Small Business

Day.

In an ideal world we would all make time to visit a participating business in our electorate. I know the member for Sandringham will be doing that. His constituents, both businesses and consumers, can register via a website. The event is being sponsored by

National Australia Bank. Previously I have detailed to the house the very generous shopping voucher arrangements that are available on the web. I encourage members of Parliament to advise their constituents of these arrangements rather than applying for grants themselves.

Mr

Ms

Pakula interjected.

ASHER — Clearly the crouching tiger has not been listening to me in the house, because I have mentioned Support Small Business Day on a number of occasions in this place, and I have urged all members to participate. I urge the member for Lyndhurst to participate in his own community. opposed by Labor members of the committee.

Nevertheless, with a lot of push and shove, I got an inquiry up, and a lot of money was invested in level crossing safety as a result of it. We have seen some significant benefits in terms of what appears to have been a considerable downturn in relation to accidents in and around level crossings.

The member also spoke about freight trains, and I am sure that he would understand the importance of the port of Geelong, which is a very important employer for the people of Geelong. The coalition invested a lot of money in the upgrade of rail lines to make sure that we could take more freight to the port of Geelong. We upgraded the tracks so trains could carry more weight in the containers that were going to the port, and this provided greater development opportunities for the port of Geelong and greater opportunities for employment in that area.

I thank the member for Sandringham for raising this issue with me. I urge him to disseminate promotional material to his constituents in the few days available to us, and I urge all members to support this day on

Saturday.

Mr MULDER (Minister for Public Transport) —

The member for Lara raised with me an issue relating to train noise and in particular the horns on trains. He raised concerns in relation to train drivers using train horns to excess and indicated that this is having an impact on a group of his constituents who live close to railway lines.

As the Deputy Speaker would appreciate, freight train drivers also need to sound the horns on those trains to make sure that motorists and pedestrians in and around level crossings are aware they are approaching and that they are safe. I do not intend to interfere with drivers or driver training. If the member for Lara would like to take the matter up with the Rail, Tram and Bus Union and tell it that he believes its drivers are using the train horns to excess, I invite him to do so. After all, he is a great union man. I invite him to go to the Rail, Tram and Bus Union and tell it that its training needs to be modified.

Mr

The

Eren interjected.

DEPUTY SPEAKER — Order! The member for Lara will cease interjecting in that manner.

I will inform the member for Lara about train horns.

They are used by train drivers, and drivers are trained in their use. They usually use them when approaching level crossings. Horns are used in relation to safety for drivers, passengers, motorists and pedestrians. If the member for Lara is suggesting that train drivers stop using the horns, then he would have to understand what the impact of that would be.

Mr MULDER — The member for Essendon raised an issue with me in relation to the east–west link and

Elliot Avenue. Obviously he has recently been reading an awful lot in newspapers in relation to this issue and following the views of some so-called academics and how they see traffic volumes flowing in and around the east–west link, which may have also been the catalyst for the article that referred to the potential for stampeding elephants in relation to tunnel boring for the east–west link.

We have just gone down the pathway of investing an enormous amount of money in grade separations and upgrades to level crossings in and around rural and regional Victoria to drive down a spate of very serious accidents around level crossings that occurred under the

Labor government. I was on the Road Safety

Committee with the member for Lara when I pushed very strongly for an inquiry into safety around level crossings. If I remember rightly, I had a great deal of difficulty in getting that inquiry up, because it was

I can assure the member for Essendon that traffic modelling in relation to the east–west link was carried out by Veitch Lister Consulting, an organisation that is very well respected Australia-wide and was engaged by the former government to carry out a lot of work in relation to traffic modelling on various road projects.

We have gone to the same highly reputable company to

ADJOURNMENT

Tuesday, 15 October 2013 ASSEMBLY 3355 undertake this work on our behalf. The east–west link project is going to be delivered by the Linking

Melbourne Authority, the CEO of which was appointed by the former government. We are now ramping up the resources within that organisation to deliver this very important project for the people of Melbourne and

Victoria. example of regional development which makes the most of a community’s existing asset.


We know there are knockers of this project, but there are not many of them out there. There is Anthony Main and Cr Jolly from Yarra City Council, and of course the

Leader of the Opposition stands alongside them cheering on the 30 protesters who represent the whole of Victoria in relation to this project. The project also has a lot of support from those opposite. I know Cesar

Melhem, a member for Western Metropolitan Region in the Council, and the new federal Leader of the

Opposition, young Billy Shorten, are great supporters of this particular project. Former Premier John Brumby and the members for Williamstown and Footscray supported the project, so there is an awful lot of support for it.

The construction unions support the project because they realise that as the regional rail link project starts to wind back, 3400 construction workers will all be looking for work. We know where they want to go.

They want to go to the east–west link project, but they are not getting much support from their mates in the

Labor movement. They are not getting much support in that place. I say this to the member for Essendon: it is a great project. All issues in relation to Elliot Avenue have been taken into consideration in the traffic modelling that has been carried out. It is a project that everyone, and I would have thought particularly those on the other side, should get behind.

Mr RYAN — I note the humour from Labor members on the other side of the house who would have absolutely no idea where Carwarp is let alone whether they should celebrate a magnificent investment of this nature or even have any idea what it entails, because the issues around regional Victoria are news to all of them. As I was saying, this facility will be located next to Olam Orchards Australia’s processing facility at

Carwarp. The power plant will utilise waste almond shells and hulls as well as other waste material from the region. It is good to see some use being made of waste hulls.

The Olam almond facility has already been a great success for the Mildura region. This is an innovative next step which continues to build on that great story. I had the great pleasure, in company with the local member, the member for Mildura, of opening the facilities of the Olam investment some six months ago or thereabouts. As I recall, that project produced about

40 jobs on site. It has already been a great success, and the addition of this extra facility will only add to that success. The new facility will utilise approximately

215 000 tonnes of horticultural residues — primarily almond husks and shells — and will produce

35 megawatts of energy.

Mr RYAN

18 months.

(Minister for Regional and Rural

Development) — I rise tonight to respond to a matter raised with me by the member for Mildura regarding

Balfour Beatty Investments’ proposed renewable power plant in Carwarp. The member for Mildura has been passionate in his advocacy for this project, and

Regional Development Victoria and Mildura

Development Corporation have been working very closely with Balfour Beatty Investments over the last

Once it is completed the project will provide substantial benefits to the community, including the creation of another 20 to 30 full-time jobs. It will provide 100 jobs during the course of construction. It will also reduce power costs for power users in Mildura and the surrounding communities by reducing transmission line losses. The project is a direct result of the wider work that the coalition government has been doing in relation to investment in bioenergy and biofuel projects. It is an industry that has huge potential for growth, and through

Regional Development Victoria we are working closely with potential investors and our regional communities to secure these types of projects and the related supply chains. As part of that, I have had the great pleasure of having a number of conversations with people who are directly involved, through the company, in the development of this project. We have had that discussion over the past 12 to 18 months or so.

It is in these circumstances that I am pleased to announce this evening that through our $1 billion

Regional Growth Fund the Victorian coalition government will provide $3 million towards a project which will see a total investment of almost

$180 million. The power plant will be run by biomass fuels from throughout the region, including almond husks and shells and grape marc. This is a great

This is yet another example of a worthwhile project that the coalition government is investing in to help deliver alternative energy solutions for regional and rural

Victoria. As the house knows, we have a $100 million

Energy for the Regions program. We have already

ADJOURNMENT

3356 ASSEMBLY Tuesday, 15 October 2013 committed $10.5 million towards the augmentation of

Mildura’s gas supply by some 50 per cent, and we hope that will come on stream by approximately the middle of next year. This particular initiative is on top of a string of other investments that we have made, particularly through the use of the Regional Growth

Fund, in the Riverland area. We are pleased to see that this is another great project to mark the progress made to date.

Affairs, are aware of those issues. I commend the member for Burwood for his involvement in his community across all demographics and certainly on the commitment to involve young people in his community as much as he possibly can, so it is with great pleasure that I can tell the member for Burwood that I will go to his electorate and meet with those young people with whom he has engaged.

The members for Cranbourne and Narre Warren South raised matters for the Minister for Education around

Carrum Downs Secondary College and the transport conveyance allowance respectively.

I conclude by saying that out of a commitment of about

$320-odd million from the first $500 million of the

Regional Growth Fund, something in the order of

1150 projects have been developed. In total they have produced investments worth between $1.2 billion and

$1.3 billion on the back of that $320-odd million which we have committed. It is a great outcome, which I am sure all Victorians celebrate — well, almost all. We hope that if the Labor opposition can warm to the task, we will eventually get a commitment from it that it will keep and support the Regional Growth Fund in the highly unlikely event that Labor returns to government after 29 November next year. Hopefully we will hear some more about that from the opposition in due course.

The member for Lyndhurst raised a matter regarding needle exchange programs in Springvale and

Dandenong for the Minister for Mental Health.

Finally, the member for Mount Waverley raised a matter for the Minister for Crime Prevention regarding the minister coming to his electorate and discussing ways to further improve public safety in that area. I certainly will pass on those issues to the respective ministers.

The SPEAKER — Order! The house is now adjourned.

Mr R.

SMITH (Minister for Youth Affairs) — In response to the member for Burwood, I would be happy to come to his electorate and talk to a youth forum there. There are many occasions where I am able to go out and talk to various youth forums and indeed to youth councils and youth advisory groups right across this state. In fact just last week I was with the member for Gembrook in his electorate where we spoke to a number of representatives from schools and touched on the very important issue of mental health for young people and the youth suicide issues that are prevalent in the Casey-Cardinia area.

House adjourned 10.46

p.m.

It was great to be able to talk to those people, along with a representative from the local headspace organisation, and talk about those very important issues that are affecting those communities. I previously have met the group of young people that the member for

Burwood has convened for me, and I have to say that I was quite impressed with the wide-ranging topics that group was able to put to me. The topics included how

Parliament operates, how government works and the programs that the government is running in the youth portfolio, along with the many other policies and positions that this government has across the range of portfolios.

The member for Burwood has a very keen interest in the views of young people and is very keen on making sure that the government and I, as Minister for Youth

CRIMES AMENDMENT (INVESTIGATION POWERS) BILL 2013

Wednesday, 16 October 2013

Wednesday, 16 October 2013

ASSEMBLY 3357

Barwon Health residential aged-care facilities

The SPEAKER (Hon.

Ken Smith) took the chair at

9.33

a.m.


CRIMES AMENDMENT (INVESTIGATION

POWERS) BILL 2013


Mr CLARK (Attorney-General) — I move:


Crimes Act 1958, the Corrections Act 1986 and the Police

Regulation Act 1958 and for other purposes.

Mr PAKULA (Lyndhurst) — I ask the

Attorney-General to provide a brief explanation of the bill.

Mr CLARK (Attorney-General) — The principal purpose of the bill is to simplify and improve the law relating to the collection and use of DNA samples.





The petition of the following residents of Victoria draws to the attention of the house that:

1. the Napthine Liberal government’s move to privatise public sector aged care in Victoria that aged-care beds within Barwon Health are at risk of future privatisations;

2. despite an ageing population, the Baillieu/Napthine government has closed public sector aged-care facilities in Ballarat, Castlemaine, Koroit, Kyneton, Melbourne and Williamstown and privatised one facility in

Rosebud;

3. the 2012–13 Victorian state budget update foreshadows cuts to public sector aged care of $25 million in 2014–15 and $50 million in 2015–16;

4. Mr Napthine’s plans to privatise aged care would significantly remove choices for Victorian families.


Assembly of Victoria urgently calls on the Napthine government to: a. stop any privatisation of aged-care beds in Victoria, including those within Barwon Health; b. stop the proposed reduction of Barwon Health aged-care nursing hours at both Wallace Lodge and

Alan David Lodge.

Notices of motion

By Mr TREZISE (Geelong) (149 signatures).

The SPEAKER — Order! Notices of motion 7 to

16 will be removed from the notice paper unless members wishing their notice to remain advise the

Clerk in writing before 6.00 p.m. today.

PETITIONS


The Geelong Project



The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly recent news regarding the Napthine Liberal government’s intention to build an $8 billion tunnel. In particular, we note that:

1. the Napthine Liberal government is trampling on the rights and homes of local residents;

2. the Premier has failed to present a business case for this tunnel which will do nothing to fix traffic congestion for most Victorian motorists; and


The petition of certain citizens of the state of Victoria draws to the attention of the house the Napthine government’s decision to cease funding for ‘The Geelong Project’.

In the last 12 months this project has been outstandingly successful in assisting vulnerable young people in the

Geelong region, who are at risk of homelessness, to remain at home, stay at school and connect into their community.


Assembly urges the Napthine government to immediately guarantee full and ongoing funding to ‘The Geelong Project’.

By Mr TREZISE (Geelong) (56 signatures).

3. the $8 billion tunnel will mean there is no funding available for other desperately needed transport infrastructure.

Petitioners therefore request that the Legislative Assembly calls on the Napthine Liberal government to seek a mandate from the people of Victoria before spending $8 billion of taxpayers money on this tunnel.

By Mr WYNNE (Richmond) (676 signatures).

Tabled.

PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

3358

Ordered member motion of that for Geelong

Mr petitions be presented

TREZISE by considered

(Geelong). honourable next day on

Ordered that petition presented by honourable member for Richmond be considered next day on motion of Mr WYNNE (Richmond).

ASSEMBLY Wednesday, 16 October 2013 includes the 77 days Labor has been hopelessly divided over the transport plan he promised to release. In stark contrast the coalition government is getting on with the job of fixing the problems left after 11 years of Labor and delivering the services and infrastructure which will ensure our communities remain strong.

Mr

PUBLIC

MORRIS together

Budget with proceedings.

Tabled.

Ordered to be

ACCOUNTS estimates

(Mornington) appendices printed.

AND presented and

COMMITTEE

ESTIMATES

2013–14 extract

(part from

2) report,

Those opposite say that building the major infrastructure Victoria needs means local communities will miss out; however, in my community of Benambra nothing could be further from the truth. In Benambra the coalition is investing $8 million to finally seal the

Omeo Highway, the first gazetted highway in Victoria.

Funds have been allocated to perform critical lifesaving safety upgrades along the Murray Valley and Kiewa

Valley highways. In education the coalition has invested $10 million in new learning areas at Wodonga

Senior Secondary College and $6 million in the brand-new Belvoir Special School.


Auditor-General:

DOCUMENTS

Implementation of the Strengthening Community

Organisations Action Plan — Ordered to be printed

Prevention and Management of Drug Use in Prisons —

Ordered to be printed

This and much more is able to be achieved in my local community because the coalition government knows that a strong economy built on prudent economic management and investment in the infrastructure

Victoria needs for the future means more jobs and prosperity for Victorian families. While Labor and the

Leader of the Opposition are more interested in scare campaigns than policy, the coalition is delivering for

Victorians.

West Gate Freeway

Emergency Services Superannuation Board —

Report 2012–13

Members of Parliament (Register of Interests) Act 1978 —

Cumulative summary of returns as at 30 September 2013 —

Ordered to be printed

Ombudsman — A section 25(2) report concerning the constitutional validity of aspects of Victoria’s new integrity legislation — Ordered to be printed

Parliamentary Contributory Superannuation Fund — Report

2012–13

VicForests — Report 2012–13

Surveillance Devices Act 1999 — Reports of the Victorian

Inspectorate under s 30Q (three documents).

MEMBERS

Benambra electorate

STATEMENTS government initiatives

Ms HENNESSY (Altona) — I rise to draw the attention of the house to the failure of VicRoads to invest in and maintain areas of the West Gate Freeway and freeway exits in my electorate. The areas that are in a particular state of disrepair include the West Gate

Freeway travelling west to Millers Road and Grieve

Parade, up to and including the Newland Street exit in

Altona Meadows. On the freeway the wooden barriers have fallen into a state of disrepair and are progressively getting worse. There does not appear to have been any investment in landscaping and maintenance. The area appears to be infested with weeds and graffiti regularly appears and is not removed in a timely fashion. This is also the case after exiting the freeway at Newland Street and High Street, an area which also requires landscaping maintenance and weeding.

Mr TILLEY (Benambra) — Today the member for

Mulgrave has been the Leader of the Opposition for

1048 days. In this time Victorians have seen nothing but relentless negativity, childish behaviour and a total abandonment of policy development by Labor. The opposition leader’s 1000-plus-day policy-free zone

From previous correspondence I have received from the minister on these issues, I understand these sites are meant to be part of VicRoads’s routine maintenance of the Princes Freeway, but as one of my constituents said, these areas look an absolute disgrace. This goes to the dignity that local communities should be able to feel


Wednesday, 16 October 2013 about the area in which they live, but these areas have been left to decay, and it is simply not good enough. I know VicRoads has suffered large and vicious budget cuts at the hands of the Napthine government, but these assets should be maintained, let alone there being a positive investment plan to transform these areas. I call on the minister to request that VicRoads immediately address these issues and ensure that there is a long-term positive investment and maintenance plan.

Mrs POWELL (Minister for Local Government) —

On Wednesday, 25 September, I was delighted to join about 50 people at the official opening of the new

Mooroopna police station. This wonderful new station was opened by the Minister for Police and Emergency

Services. It was a great day for the community and for police serving at that station. For over a decade they had joined me in lobbying the former government for a new station to replace the outdated, 50-year-old former station. I made an election promise that a coalition government would provide a modern, state-of-the-art police station. The Chief Commissioner of Police, Ken

Lay, and many other dignitaries, including members for

Northern Victoria Region in the Council, the

Honourable Wendy Lovell and Amanda Millar, were at the opening to see the coalition government honouring that commitment.

Goulburn

Mooroopna

Valley police

Industry

Task station and

Force

ASSEMBLY

Employment

Mrs POWELL — Recently I joined the Deputy

Premier at a briefing from the task force he has established to look at opportunities in the Goulburn

Valley. The Goulburn Valley Industry and

Employment Task Force has as its members some of the Goulburn Valley’s respected leaders and is chaired by Peter Ryan — not the Deputy Premier but a well-respected leader in his own right and chair of

Goulburn Valley Health. The task force consults with key industries in the Goulburn Valley. The government has established a $5 million fund to assist, promote and encourage new industries to invest in the Goulburn

Valley, and to assist current industries, such as our very important agricultural industry.

The Goulburn Valley has faced a number of challenges, including SPC Ardmona halving its fruit intake, which has caused hardship to a number of growers. This task force is putting a plan in place to give to the Deputy

Premier who, having grown up there, has reiterated his support for the region and the government’s support in assisting the community. We have to say that we believe that the agricultural industry has a strong future in the Goulburn Valley.

Mr

The

Ms

HOWARD

These bands have been great ambassadors for the police. The reason given for disbanding the bands is to put more police on the beat. The reality is that the

Napthine government has made a substantial cut to the police budget and is sacking over 100 police staff who are not performing front-line duties. This will only see more police taken from the beat to undertake the paperwork duties previously carried out by the now redundant clerical staff. The axing of the police bands is a further example of staff sackings which will not result in any more police serving in front-line duties. Present band members are not operational police officers, and they will either be forced out of the police force altogether or moved into administrative roles for which they have no training, and their musical talents will be lost. The Napthine government should not be axing the police bands, which clearly provide a great community benefit. Instead this government should be committing funding to the police to seriously — —

SPEAKER expired.

Seymour

Victoria

— Order! The member’s time has electorate

McLEISH

Police bands government achievements

(Seymour) — Today the member for

Mulgrave has been the Leader of the Opposition for

1048 days. In this time Victorians have seen nothing but relentless negativity, childish behaviour and a total abandonment of policy development by Labor. The

Leader of the Opposition’s 1000-plus-day policy-free zone includes the 77 days Labor has been hopelessly divided over the transport plan he promised to release.

In stark contrast the coalition government is getting on with the job of fixing the problems left after 11 years of

Labor and is delivering the services and infrastructure that will ensure that our communities remain strong.

Those opposite say building the major infrastructure

3359

(Ballarat East) — Last week I was pleased to join with many others in Ballarat’s Bridge

Mall to enjoy a performance by the Victoria Police band. Performances by this very professional band have been enjoyed by many residents in the Ballarat region on many occasions over the years, and it is extremely disappointing to learn that the Napthine government has determined to disband the police bands. Not only have the bands provided high-quality entertainment at school fetes and numerous other community events but they have also assisted many charities to raise funds.


3360 ASSEMBLY

Victoria needs means local communities will miss out.

In my community, however, nothing could be further from the truth. The coalition is investing money to connect the communities of Wandong and Heathcote

Junction to natural gas. We have added an additional carriage on two peak morning and afternoon trains, providing 120 more seats each way, and have upgraded platforms and pedestrian crossings at Broadford,

Kilmore and Wallan stations.

Many monuments endure through Mandy’s efforts, but of personal import to me was her wise counsel around staying the course in the interests of social housing and on the importance of how both state and local governments can work together to deal with, at times, contrived community outrage in the face of opposition to progressive policies.

Wednesday, 16 October 2013 with by the community. All of these aspects defined

Mandy’s approach and shaped wider local public policy.

There are investments in education with the new

P–12 Seymour College regeneration project, the upgrade of two kindergartens in Wallan as well as the

Wandong kindergarten. The coalition is investing

$l0 million in the Kilmore hospital redevelopment and has just announced a $7.8 million expansion of the

Healesville hospital. This and much more is able to be achieved in my local community because the coalition government knows that a strong economy built on prudent economic management and investment in the infrastructure Victoria needs for the future means more jobs and prosperity for Victorian families. While Labor and the Leader of the Opposition are more interested in — —

The SPEAKER expired.

— Order! The member’s time has

Mr

South Barwon

KATOS electorate achievements government

(South Barwon) — Today it is

1048 days since the member for Mulgrave became the

Leader of the Opposition. In this time we have seen total abandonment of policy along with negativity and childish behaviour. In contrast the coalition government is getting on with the job of fixing 11 years of mess left by Labor and is delivering services and infrastructure while ensuring that our communities remain strong.



In South Barwon, however, the coalition government is getting on with the job.

Amanda Press

Mr FOLEY (Albert Park) — I rise to mark the life and contribution to social justice of the late Mandy

Press. Mandy died on 1 October after a long battle against breast cancer. Our thoughts go to her partner,

Kevin Morris, children Morgan, Magnus and Tilly, and to her wider circle of family and friends.

I knew of Mandy’s work at the City of Port Phillip well before I entered this place. Mandy worked in senior positions in the City of Port Phillip in areas of social housing, drug and alcohol programs and street sex worker programs. Mandy did not take these positions lightly. She worked to build a framework of justice and support for many of our most vulnerable citizens. She recognised that the interests of sex workers, the local community and broader society were all served by approaching a difficult issue with a focus on harm minimisation.

The coalition has invested $37.5 million to rebuild Surf

Coast Secondary College, a project totally abandoned by Labor. It has also invested $4.9 million in the Surf

Coast Highway upgrade, $93 million in the Geelong

Hospital upgrade, $50 million in the Waurn Ponds community hospital, $25.9 million in the Grovedale railway station upgrade, $15.6 million in the Waurn

Ponds police and State Emergency Service station upgrade, $5 million in the Pioneer Road upgrade,

$3 million in noise barriers on the Geelong Ring Road at Wandana Heights, $1.5 million in the Torquay

Bowls Club and new land for schools in Armstrong

Creek and for the new Torquay North Primary School.

While Labor and the Leader of the Opposition are more interested in scare campaigns than policy, the coalition is getting on with the job of delivering for all

Victorians.

Breast Cancer Awareness Month

Mandy recognised that local government, state government and communities all have a responsibility to provide social housing options that are safe, affordable and secure for local residents at risk of displacement and homelessness. She recognised that drug and alcohol abuse was not primarily a law and order problem but a social and health issue to be dealt

Ms GRALEY (Narre Warren South) — October is

Breast Cancer Awareness Month. Our city and our community are draped in the colour pink, a symbol of support and hope. There are pink ribbons, pink ladies, pink lipsticks, pink hats and scarves, our pink sisterhood and our pink family. Seven women die every


Wednesday, 16 October 2013 ASSEMBLY day from breast cancer, and 41 people every day are diagnosed with breast cancer. Having been given that devastating news myself, and having undertaken a regime of arduous but lifesaving treatment — and even now still visiting doctors for check-ups, hoping for the best and preparing for the worst — I can tell members your life is never the same. I therefore do not need to turn up for work at the Parliament of Victoria and have to walk past a banner with pink ribbons plastered all over it not to promote a worthy and cherished cause but to spread fear that somehow abortion is linked to breast cancer.

3361

Victorian certificate of education centre at Parkdale

Secondary College and $2.5 million at Dingley Primary

School. An amount of $6 million has been invested in dredging and restoration works at Mordialloc Creek.

This and much more has been able to be achieved in my local community, because the coalition government knows that a strong economy, built on prudent economic management, and investing in infrastructure — —

If these people want to demonstrate about abortion, I would be the last person to stop them. I value our democracy; I champion dissent. But I am very upset that our pink ribbons, which are worn even here in this place by MPs, are being misused for another purpose. I take offence, and indeed it makes me feel sick when I see these symbols being misappropriated. Imagine how patients on their way to nearby Peter MacCallum

Cancer Centre must feel when they see these signs; I imagine they must feel, like me, ill. It is sickening.

This month I want the pink message to shine with hope and support. I ask that friends inside and outside this

Parliament and the presiding officers ask these people to stop using the pink ribbon this way. These pink symbols of faith and love are ours, not theirs, to use.

Mordialloc electorate government achievements

The SPEAKER — Order! The member’s time has expired. Normally I do not interrupt members statements, and we do not take points of order during them. However, members of this house should understand that in this chamber members are referred to by their proper titles and positions. Members should not talk about ‘Daniel Andrews’ or ‘Denis Napthine’; they should talk about the Leader of the Opposition and the

Premier, and that applies equally to any other member.

I ask members to bear that in mind in future.

Compeer program

Ms EDWARDS (Bendigo West) — Last week on

World Mental Health Day, 10 October — during

Mental Health Week — I was pleased to join with the

St Vincent de Paul Society, Compeer staff and companions, volunteers and friends of the Compeer program to celebrate the 10th anniversary of the very successful Compeer program in Victoria, which the society supports through ongoing funding.

Ms WREFORD (Mordialloc) — Today Daniel

Andrews has been opposition leader for 1048 days. In this time Victorians have seen nothing but relentless, negative, childish behaviour and a total abandonment of policy development by Labor. The Leader of the

Opposition’s 1000-plus-day policy-free zone includes the 77 days Labor has been hopelessly divided over the transport plan he promised to release.

Compeer is a unique one-to-one volunteer program that engages volunteers in friendship with a companion who experiences mental health issues to help combat loneliness in people living independently in the community. The program, founded in the USA in 1972, was established by the Victorian St Vincent de Paul

Society in the eastern suburbs of Melbourne in 2003 and in Bendigo in 2007. In its 10 years of operation

118 people with a mental illness or companions have been matched with volunteers. The program recruits, screens and matches volunteers with their companions.

It has been proven that as a complement to traditional therapy a Compeer friendship can make a substantial improvement in a participant’s self-worth.

In stark contrast, the coalition government is getting on with the job of fixing the problems after 11 years of

Labor and is delivering the services and infrastructure which will ensure our communities remain strong.

Those opposite can say building major infrastructure needed by Victoria means local communities miss out; however, in my community of Mordialloc nothing could be further from the truth. In Mordialloc the coalition is investing $156 million in the Dingley bypass, something Labor promised for 11 years and did not deliver. An amount of $2.5 million has been invested in safety works on the Nepean Highway at

Parkdale and Mentone. In education the coalition has delivered $7.5 million for the second stage of the new

The goals of the program are to assist individuals with mental illness with their recovery through supportive friendships and community connections, to help combat the stigma associated with mental illness by engaging community members in relationships with people who have a psychiatric disability and to offer volunteers an opportunity for personal growth and satisfaction through helping others.


3362

Consumers or companions are generally in the recovery stage of their illness and are referred to Compeer by a health professional who is generally actively involved in their client’s treatment. Congratulations to the

Compeer volunteers, to the companions, to Sandra

Attwell, co-coordinator of the Bendigo program, and to the St Vincent de Paul Society.

Carrum electorate government

ASSEMBLY achievements

Mrs BAUER (Carrum) — Today the member for

Mulgrave has been Leader of the Opposition for

1048 days. During that time Victorians have seen nothing but negativity and a total abandonment of policy development by Labor. The Leader of the

Opposition’s 1000-plus-day policy-free zone includes the 77 days during which Labor has been hopelessly divided over the transport plan he promised to release.

In stark contrast the coalition government is getting on with the job of fixing the problems left after 11 years of

Labor and delivering the services and infrastructure which will ensure our communities remain strong.

Wednesday, 16 October 2013 about the Greek community and Melbourne including

The Kangaroo Blues and I Love Melbourne , or in

Greek, Melvurni Sagapo . The Greek Orthodox

Community of Whittlesea Women’s Dance Group, the

Anemones Women’s Dancing Group, the Paliomillos

Social Club Teassos Themida and the special guest appearance of Rena Frangioudakis entertained the crowd for many hours. Representatives of many other

Greek and Cypriot community organisations were also present.

The Greek community is one of the largest in the cities of Whittlesea and Melbourne. We have all been blessed by the richness of the Greek community and to have shared its richness in this way was a great delight. I congratulate the president, John Chrysomalis, and the committee for organising this wonderful event. I acknowledge Kouli Aristidou, president of the Greek

Orthodox Community of Whittlesea, and his committee and also thank Cr Kris Pavlidis for her active and ongoing work for the community.

Mount Waverley electorate government achievements

Those opposite say that building the major infrastructure Victoria needs means that local communities will miss out. However, in my community of Carrum nothing could be further from the truth. In the Carrum electorate the coalition has invested over

$875 000 in both the Seaford and Seaford North primary schools. Two million dollars has been invested to enhance the Aspendale Primary School and

$100 000 has been invested in each of the Yarrabah and

Nepean special schools. The coalition has also invested

$l million in the feasibility study for the Mornington

Peninsula Freeway extension, a project which was ignored by Labor for over 11 years. All this and much more is able to be achieved in my local community because the coalition government knows that a strong economy built on prudent economic management and investing in the infrastructure Victoria needs for the future means more jobs and prosperity for Victorian families.

Mr GIDLEY (Mount Waverley) — The member for Mulgrave has now been Leader of the Opposition for nearly three years, which is more than enough time for a state opposition leader to demonstrate his capabilities to be Premier of the state. Yet after his nearly three years as Leader of the Opposition,

Victorian Labor remains unstable and hopelessly internally divided on everything from shadow portfolio allocations to positions on major state infrastructure projects like the east–west link and remains silent on any comprehensive plan or direction for the future of our state. Instead, Victorian Labor members focus on childish squabbles, such as which way they should leave the parliamentary chamber when requested and where they can have their evening drinks now that the balcony is under repair.

Greek Orthodox community concert

Ms D’AMBROSIO (Mill Park) — I am pleased to inform the house of a concert held on Sunday,

29 September, at the Plenty Ranges Arts and

Convention Centre by the Greek Orthodox Community of Whittlesea Elderly Citizens Group. The Greek community stage concert was an afternoon of music, dance, drama and comedy which played to a full house.

Door prizes and a free raffle were on offer, which included traditional Greek sweets. The master of ceremonies and renowned Melbourne artist, Christos

Ioannidis, sang some of his classic, evocative songs

In contrast, the coalition government is getting on with the job of implementing its comprehensive plans to build the future of state services and infrastructure.

Those opposite say that building the major infrastructure Victoria needs means local communities will miss out. However, in the Waverley area nothing could be further from the truth. The coalition is investing record funding in Waverley schools, with the completion of the $10.5 million Mount Waverley

Secondary College junior campus rebuild and the

$7 million rebuild of Essex Heights Primary School.

Also under way is a $2 million renovation of Mount

Waverley North Primary School. A $4.5 million rebuild of Pinewood Primary has also commenced.

Wednesday, 16 October 2013 ASSEMBLY

The coalition has also invested locally in public transport, with the rolling out of a $1.8 million upgrade of the Glen Waverley train station, a $10.8 million upgrade to the Syndal train station and more than

$12 million to rebuild the Glen Waverley line. These are just a few of the projects that demonstrate that the coalition, unlike the opposition, is building the infrastructure and services necessary for our state’s future.

3363 negativity, inappropriate behaviour and abandonment of policy development by Labor. The Leader of the

Opposition’s 1000-plus-day policy-free zone includes the 77 days Labor has been hopelessly divided over the transport plan its leader promised to release. In stark contrast, the coalition government is getting on with the job of fixing the problems left after 11 years of Labor and is delivering the services and infrastructure which will ensure that our communities remain strong.

Construction, Forestry,

Union

Mining training and centre


Energy

Mr HERBERT (Eltham) — On Friday,

6 September, I had the honour of attending the opening of the Construction, Forestry, Mining and Energy

Union High Risk Work Training Centre. This brand-new establishment is undoubtedly one of

Australia’s premium construction industry facilities. It simulates building sites and offers high-calibre training in high-risk areas such as rigging, dogging, scaffolding, hoists, forklift towers and non-slewing mobile cranes.

Training occurs in this state-of-the-art facility in the team or crew environment, where safe interaction between plant and people is strictly enforced under the supervision of highly experienced personnel.

All too often in the training area we hear sad tales of poor quality, passive, tick-and-flick learning that leaves the trainees without the skills, knowledge or experience to do the job, and in the construction industry this can be deadly. So it is great to see a union take up the challenge of providing high-quality, transferable skills in an industry that is central to Victoria’s economy and future.

Those on the conservative side of politics seem obsessed with the Construction, Forestry, Mining and

Energy Union and in particular with trying to destroy organised labour for building workers. Despite this sad obsession, the government should swallow its pride, acknowledge the accolades this training centre receives from the construction industry and give credit where it is due. It is a fantastic training facility which builds on

20 years of high-quality training tradition and is in particular a testament to the hard work, dedication and drive of one of our state’s great educators, Ms Anne

Duggan, who has been an inspiration in lifting the standards of construction workers through quality training in Victoria.

Forest

Mr

Hill electorate

ANGUS government achievements

(Forest Hill) — Today the member for

Mulgrave has been opposition leader for 1048 days. In this time Victorians have seen nothing but continuing



However, in my electorate of Forest Hill, nothing could be further from the truth. In Forest Hill the coalition has been getting on with the job of eliminating Labor’s school maintenance funding black hole with almost

$1.5 million being invested in Highvale Secondary

College, Camelot Rise Primary School, Vermont

Primary School and Burwood East Special

Developmental School.

Additionally, $12 million has been invested to improve law and order in Forest Hill with the construction of a new 24-hour police station on Springvale Road. This and much more is able to be achieved in my local community because the coalition government knows that a strong economy built on prudent economic management and investing in the infrastructure Victoria needs for the future means more jobs and prosperity for

Victorian families. This responsible economic management has resulted in the great financial results contained in the 2012–13 annual financial report released earlier this week.

While Labor and the member for Mulgrave are more interested in scare campaigns than policy, the coalition is delivering for all Victorians.

Mr

Forest

ANGUS — I congratulate the players, members, committee and other volunteers of Forest Hill Football

Club on the great season they had. Despite narrowly losing the grand final in extra time, the Zebras put up a gallant effort against their undefeated opponents. I wish the club well for the 2014 season.

Fountain

Hill

Gate

Football Club

Secondary College

Mr DONNELLAN (Narre Warren North) — I want to congratulate one of my local schools, Fountain Gate

Secondary College, which on the weekend came third in a national problem-solving competition. The students had been practising for this for over six months, and they received a bronze medal. In the coming months, they will be going to the USA to compete in the


3364 international competition. Congratulations to Fountain

Gate Secondary College and also the deputy principal,

Jodie Doble, for putting everything together and proving that these students are equal to, if not better than, any students in the country. Well done!

Mr DONNELLAN — I raise concerns in relation to a discussion paper the state government has recently put out in relation to the removal of the requirement for roadworthiness certificates in certain circumstances. I have great concerns about the government’s policy to reduce overall regulation costs by $715 million per year because it believes it will save something like

$190 million with this measure.

VicRoads has indicated there is no evidence of a link between roadworthiness and the reduction of road trauma. The public has great confidence in the roadworthiness certificate that is provided when you buy a car. Unfortunately this government seems to think that by removing the requirement for a roadworthiness certificate for cars up to three or five years old it is somehow doing the public a favour. At three years of age some cars will have been driven

100 000 kilometres. This is a serious concern, and I do not think it will improve quality.

Burwood

Mr

Roadworthiness electorate

WATT certificates government achievements

(Burwood) — Today the member for

Mulgrave has been the opposition leader for 1048 days.

In this time Victorians have seen nothing but relentless negativity, childish behaviour and a total abandonment of policy development by Labor. The Leader of the

Opposition’s 1000-plus-day policy-free zone includes the 77 days Labor has been hopelessly divided over the transport plan its leader promised to release.

In stark contrast the coalition government is getting on with the job of fixing problems left after the 11 long, hard years of Labor government and is delivering the services and infrastructure which will ensure our communities remain strong. Those opposite say building the major infrastructure Victoria needs means local communities will miss out. However, in my

ASSEMBLY community of Burwood nothing could be further from the truth. In Burwood the coalition is building the

$10.5 million redevelopment of Ashwood College and the $6 million redevelopment of Ashburton Primary

School. Train commuters will benefit from the

$15.2 million the coalition has invested in upgrading the Alamein and Glen Waverley train lines, and of course locals in Burwood will benefit from the new

$447.5 million Box Hill Hospital redevelopment.

This and much more is able to be achieved in my local community because the coalition knows that a strong economy, built on prudent economic management and investment in the infrastructure Victoria needs for the future, means more jobs and prosperity for Victorian families. While Labor and the Leader of the Opposition are more interested in scare campaigns than policy, the coalition is delivering for Victorians.

Mr WATT police station.

Mr

Ashburton

— I would also like to talk about the hypocrisy of the Labor Party and the former member for Burwood in their actions around the Ashburton

The SPEAKER — Order! The member’s time has expired.

Australian

TREZISE

Wednesday, 16 October 2013 police

Masters station

Games

(Geelong) — I take this opportunity to congratulate the organisers of the Australian Masters

Games that were held in Geelong last week from 1 to

5 October. Having competed in the previous masters games that were held in Geelong, I can say firsthand that the games are not only a wonderful sporting experience but also a wonderful way to meet and socialise with people from around Australia and the world. This year there were approximately

8000 participants, who were all over the age of 30, with some in their 80s and 90s. More than 50 sports were represented, organised by local sporting associations. In addition to the 8000 competitors, just as importantly there were more than 2000 people who gave up their time to volunteer, many travelling hundreds of miles. I extend a special thankyou to them.

In addition to the sporting events there was lots of quality entertainment across the city over the life of the games which was enjoyed by the whole community.

Geelong is very much a sporting city, and it was terrific to see the thousands of competitors in their tracksuits throughout our city enjoying our hospitality and the great places to visit. Given there were thousands of people coming into our city over the last couple of weeks, I am happy to report that their behaviour was exemplary.

The Australian Masters Games is a great event. As in the past the event highlighted to the thousands of competitors, volunteers and their families what a wonderful city Geelong is. On the downside — and I will say this while the Minister for Sport and

Recreation is in the chamber — I was disappointed, as the local member and someone who worked hard to get

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY the previous games to Geelong, not to receive an invitation to any of the ceremonies or the games during the week.

Australian

Mr DELAHUNTY

Recreation) — Congratulations to the Horsham motocross organising committee led by Kenny Watt on hosting the very successful 2013 Australian Junior

Motocross Championship. This was a wonderful spectacle that brought competitors and their support teams from across Australia and overseas to Horsham, inspiring participation and providing a boon to the local economy.

Junior Motocross Championship

(Minister for Sport and

Ivanhoe structure plan

3365

Mr CARBINES (Ivanhoe) — We need interim planning controls for the Ivanhoe structure plan approved by the Napthine government immediately. In

2011 I wrote to the Banyule City Council and asked the council to scrap its draft Ivanhoe structure plan, establish a residents committee to work with council on a new draft plan and put this new draft out for public comment. The council did exactly that. Since that time,

Banyule council has approved an Ivanhoe structure plan in consultation with the community and the Save

Ivanhoe residents group and it has sought interim planning controls from the government.

WorkCo Limited awards

Mr DELAHUNTY — Last Friday I was honoured to attend the annual WorkCo Limited awards presentation evening at Longerenong College,

Horsham, where 250 families and friends celebrated the achievements of some of Wimmera’s outstanding apprentices and trainees. I congratulate the award finalists and winners, especially the apprentice of the year, Tyler Neville, and the trainee of the year, Samuel

Eastwood.

The government is dragging its heels. Interim planning controls would stop overzealous developers getting in while there is a planning vacuum and before the

Ivanhoe structure plan can be approved by the government. Interim planning controls need to be approved by the government immediately to protect the neighbourhood character of Ivanhoe. The government needs to stop dragging its heels. It has had this request for five months; it is time for the government to act and introduce those planning controls.

GRIEVANCES

Rotary Club of Hamilton art show

The SPEAKER — Order! The question is:

Mr DELAHUNTY — Congratulations to the

Rotary Club of Hamilton on hosting another very successful art show, which gave hundreds of people the opportunity to view and purchase more than

400 paintings. Now in its 33rd year, the art show has gone from strength to strength.

That grievances be noted.

Government performance

Hamilton Outdoor Adventure

Mr DELAHUNTY — The inaugural Hamilton

Outdoor Adventure Fair, supported by the Regional

Growth Fund, was held earlier this month and was a fabulous family event that attracted thousands of visitors. It focused on hunting, camping, fishing, outdoor leisure and gardening activities.

Agricultural shows

Fair

Mr MERLINO (Monbulk) — I grieve for

Victorians. I grieve that Victorians are subject to the dysfunctional circus that is this government. Almost three years ago Victorians went to the polls. They elected a government which pledged that accountability and transparency would be its principles, and they elected a Premier who promised ‘no spin and no secrecy’. Two and a half years later, that Premier was gone and those principles were gone. Now whatever is left of this government is going; it is fragmenting and struggling under the weight of systematic disgrace and the sort of pressure that would eventually bring any administration to its knees, even a first-term government like this rabble before us.

Mr DELAHUNTY — Western Victoria is again in the show season. I congratulate the A & P Society’s committees of the local agricultural shows on the time and effort spent in organising these great community agricultural events. I never cease to be amazed at the depth of skill and talent we have in our regions, particularly in the Lowan electorate, and I congratulate all those people who entered the competitions and exhibitions.

This is a government that has already been through two premiers, two treasurers, two police ministers and two anticorruption ministers, all in two and a half years.

This period has seemed like a lifetime for Victorians who cherish the democratic promise of their Parliament and their government. I grieve for Victorians because they no longer have a government that can honour this promise. They scarcely have a government at all.

GRIEVANCES

3366 ASSEMBLY Wednesday, 16 October 2013

This is one of the dodgiest administrations in Victoria’s history, and it is one of the most secretive. It is willing to do whatever it takes to hold onto power. We are better than that in this state; we are different. We are not used to headlines that read ‘24 charges’, ‘Secret tapes

“reveal cover-up”‘ and ‘76 hours of hell that toppled a leader’. We can get a bit rowdy in this place sometimes, but we are still not used to headlines like ‘Parliament descends into chaos’. In the Age today we see the headline ‘Government backs Shaw after bloody Spring

St brawl’. Chaos: the condition of complete disorder.

The government was not to know at that time that these two seemingly innocuous events would slowly conspire against it. These two events would be carefully nurtured by rogues in the darker corners of the Liberal Party room and in the private office of the Deputy Premier.

Indeed they were cultivated, and two years later, in the first week of March, they collided. This chaotic government is still trembling from the impact of two interlacing stories of scandal with an elegant chronology and a brutal end. It began with the following words:

Let us go back to last sitting week. On the Tuesday

Victoria Police announced it was charging the member for Frankston with 24 serious criminal offences. The opposition asked questions all week, exposing the government’s reliance on the member for Frankston.

By the Thursday the pressure on the Premier had mounted so much that he said the following about the member for Frankston:

… the chances of him being endorsed for any seat are negligible, nil, low, zero.

The member for Frankston reacted to that comment of the Premier; he retaliated. He wanted to teach the government a lesson, so he left the Parliament at

1.30 p.m., not because he was sick but with a smirk on his face. He was seen at 1.30 p.m. jogging out the back door of Parliament House with a smirk on his face and jumping into a black Golf, leaving the government without a majority. The probing questions asked by the

Leader of the Opposition on that Thursday were shut down, and the Leader of the Opposition was subsequently excluded for 3 sitting days out of a calendar of 51 days. Despite a century of precedent, the failed majority of the government was garnered by one vote and the Leader of the Opposition was excluded.

That happened for all to see. We saw that without the vote of the member for Frankston this government does not command a majority in the Legislative Assembly.

These are the lengths to which this government will go to stay in power. These are the hands that it will play in this game, but it is not a game. Rather, it is the right to govern a great state, and when you are awarded such a privilege you assume it with honour, not with dishonour and not with two dozen charges. Maybe this government started with good intentions. If it did, then I suspect that those intentions were depleted by 22 April

2011. On that day the member for Frankston drove to

Sale with a boot full of stock. Or maybe those intentions were depleted a month earlier on 7 March when Detective Leading Senior Constable Weston commenced employment in the office of the Minister for Police and Emergency Services.

Report of an investigation into the conduct of a member of

Victoria Police undertaking secondary employment as a ministerial adviser and his relationship with a deputy commissioner of Victoria Police.

This report is an interesting read. It tells the story of a man, Tristan Weston, who:

… found himself in a position of power and influence no new member of Parliament could have dreamed of.

In 88 pages the report lays out how ‘management of

Victoria Police was undermined and public confidence in it diminished’ and actions that ‘almost certainly contributed to the course of events that led to the chief commissioner’s resignation’ and which ‘may have involved the commission of the offence of misconduct in public office’.

That campaign was run out of the office of the Deputy

Premier, who was then the Minister for Police and

Emergency Services. The police minister deemed himself unmoved by these words, as did the then

Premier. Exactly one year later another report was released, this time by the Ombudsman. It details his investigations into the member for Frankston’s conduct and states that the member for Frankston used his parliamentary vehicle for a commercial trip to Sale. The member used his parliamentary fuel card to purchase fuel for his private vehicle. He gave his parliamentary vehicle to hardware store staff members for commercial use. Those staff members travelled as far west as South

Australia and as far north as Wagga Wagga. They were told in weekly meetings where to travel. They were told to use the parliamentary fuel card. They were even told to reverse from the pump to hide the numberplates.

As the Leader of the Opposition said in this place in

October last year:

Make no mistake — the member for Frankston’s conduct was carefully calculated … His intention was to knowingly use taxpayer funds to prop up a private business … to rort the very system he was entrusted to uphold.

Government members were the first to defend him.

They declared him a ‘committed local member’ and

GRIEVANCES

Wednesday, 16 October 2013 immunity. I cannot comment any further about the government’s IBAC is perfectly and precisely powerless to investigate the very offence with which the member for Frankston has now been charged.

ASSEMBLY declared ‘full confidence’ in their team. Opposition members were the first to raise this matter with Victoria

Police, and we were ridiculed for doing so. We all heard that an impotent committee — a trial by fellow coalition members — was the appropriate body to deal with these allegations.

In September this year Victoria Police filed 24 charges, among them misconduct in public office — the same offence from which a politician, in the government’s new independent commission against corruption, has charges. They are before a court, but I do note that the

Speaking of coincidences, let us revisit the first week of

March this year. This was of course the week it all came crashing down, severing irreparably the threads which held two scandals within the net of human control. The recording started harmlessly enough, but at the 4-hour mark the secret police tapes revealed the decay at the heart of this government: conversations between the disgraced Mr Weston and the Liberal

Party’s chief apparatchik, the man who ran the

Premier’s office. There was talk of hush money, secret deals and five-figure sums, talk of jobs with Gina

Rinehart. Until that point it was the greatest moment of volatility during the lifespan of this government. Then this happened:

Let us have a look at how locked in this government is.

I quote from the front page of today’s which says:

Herald Sun ,

Footage appears to show Mr Shaw pushing the man to the ground.

An ambulance was later called to Parliament after police became concerned that the man might have a heart attack.

Mr Shaw made his way inside Parliament House. But he stormed out of the Legislative Assembly about 15 minutes later …

3367 over the then Premier, the member for Hawthorn, and the member for Frankston anointed the current Premier.

The Premier is in that job not because of the will of the people of Victoria; he is in that job because of the vote of the disgraced member for Frankston. The member for Frankston owns this Premier; he owns him. In the government’s case, what does it say about a government that it cultivates and defends someone like the member for Frankston even while he is facing charges that he defrauded the people of Victoria and even after the sickening events and footage that we all witnessed yesterday? Was there concern for an elderly gentleman, a grandfather left bleeding and shaking on the front steps of this Parliament? There was no concern for him from this government. No, the concern and defence is only for the member for Frankston, who has a black belt and is a former bouncer — a man who has got form in these matters.

This morning, I advised the Premier of Victoria of my resignation from the parliamentary Liberal Party …

He was followed out by Liberal MP Christine Fyffe, calling out ‘Geoff, Geoff, come back inside’.

…

… I believe my actions reflect the general loss of confidence

Victorians are feeling in the leadership of the government.

We know how much this government relies on the member for Frankston: ‘Geoff, Geoff, come back inside’, the report says. There is a quote in another article by a coalition MP, who said:

That was a statement released by the member for

Frankston at 6.23 p.m. on 6 March. Just 41 minutes later the member for Hawthorn resigned as the Premier of Victoria. In the grip of one scandal it was the other one that finished him.

Every week we’re in here there’s something else involving him …

The article then states:

Essentially this is a story of two men, both of them misguided and mischievous, and a story of a government rotten to the core. Early in the life of this government these men and others set off a course of events that would eventually disfigure it and take it to the brink of collapse. The question here is not so much how they did it but how they got in the door, and in the case of the member for Frankston, why they are still inside.

The problem is that they need his vote.

Which is why there is almost nothing Mr Shaw could do — aside from being convicted on any of the 24 charges he presently faces — that would stop the government working to keep him in the tent.

Today’s Age says:

The government decision to effectively defend Shaw might seem like rank hypocrisy, but perhaps this was regarded as the lesser of two evils. The alternative is to cut Shaw loose completely, which could potentially cost the coalition power.

Every single member of the government made a choice.

Every single member chose the member for Frankston

GRIEVANCES

3368

An article in the

The government only survives with Mr Shaw’s support.

Today’s

Rebel Victorian Liberal Independent Geoff Shaw is facing a fresh police investigation after allegedly assaulting an elderly man on the steps of Parliament, leaving the victim with a bloodied face and facing tests for suspected heart problems.

Everyone knows — that is, every member of this government from the Premier down — that this government only survives on the vote of the member for Frankston. That is why as soon as he stormed out and left this government without a majority, we heard:

‘Geoff, Geoff, come back inside’. Preserving this member on the margins of any government would be madness enough, but it has gone and made him the keystone. The member for Frankston is the Atlas who holds up the government’s world. He is not just inside the door: he is the doorman, the bouncer; and when he withdraws his presence, as he so obviously has done recently, it shows.

If that amount of pressure can trigger turmoil in an institution as unyielding as this Parliament, then I cannot imagine what it is doing to the government or to the Premier, and neither can the people of Victoria.

They are outraged, and they have got every right to be outraged. They are outraged that the leaders of this government can be so easily commandeered by a man facing serious criminal charges. They are outraged that their democracy can be so carelessly compromised, and they are outraged that this government has turned out to be nothing like the one they voted for in November

2010. It does not act like it or even look like it, and the government is not what it promised. It is not what it advertised. It is a defective good. Somewhere along the assembly line it got contaminated, and this government can only blame itself because it built a culture it can no longer contain. The government has endorsed a rogue for so long that it has lost control. This government only survives on the vote of the member for Frankston.

Mr

Australian

Former

BATTIN

Australian Financial Review

says: government

says: performance

(Gembrook) — I rise in today’s grievance debate and commence my contribution by saying that it is lucky we do not survive according to trial by media. If we did have trial by media, the former government may have had someone in jail for rape and someone else in jail for using a vehicle in armed robberies and it would have had a former planning minister done for corruption — all if we went by trial

ASSEMBLY Wednesday, 16 October 2013

As a former Minister for Police and Emergency

Services, the member for Monbulk might understand that police are in the best place to investigate these things. We should await the independent result of the

Victoria Police investigation rather than, like the member for Monbulk, standing up for a trial run as

Leader of the Opposition. What a disgraceful effort from the member opposite. If he wants to do a try-out, perhaps he should go and speak to the media or just look to the right-hand side of where he is sitting, because the Crouching Tiger is sitting and waiting to jump on him. by media. It should be with the police, and that is where it is currently.

Today I grieve for the lack of planning by those opposite during their 11 years in government. I represent the seat of Gembrook, which for a long time has had one of the fastest growing populations in the state. It is very important that we start to plan for the future, and it is something those opposite failed to do while in government. Those opposite could not keep up with the growth in the Casey and Cardinia growth corridors. At the end of its 11 years in government

Labor turned round and said, ‘We did not understand that growth was coming’, yet it was what everybody had predicted. There was not one newspaper that was not talking about the growth that was coming in the growth corridor. The newspapers were discussing what was going to happen and the key infrastructure items that would be needed to ensure we could build for that growth. That did not happen just in the Gembrook electorate; it was happening across the entire state. We in the coalition wanted to make sure that planning was in place for that, and since coming to government we have continued with the infrastructure plans that were in place to ensure we could get the building going, whether it be health, rail or road infrastructure. We are also planning for the future and for the predicted growth.

I just want to put on the table some figures in relation to my electorate, which includes the shire of Cardinia.

Currently around 5 families a day move into the municipality. During the time of the former government there were 6.2 families a day moving in. In the city of

Casey there has been a record of up to 7 families a day moving into the area. Those opposite might say they were planning for growth. However, in the Herald Sun of 18 November 2010 a former member for Gembrook,

Ms Lobato, is reported to have said:

… growth challenges identified in planning documents were

‘no big secret’. ‘I said we hadn’t kept up with the pace (of growth) in Casey-Cardinia area’ …

This government will not fall into that trap. We will not fall into the trap of not planning for the future, because we know that growth is going to continue through those

GRIEVANCES

Wednesday, 16 October 2013 areas. After the last state election, the Leader of the

Opposition stated again that Labor had failed to keep up. An article in the Herald Sun of 4 December 2010 quotes the Leader of the Opposition and states:

With creaking services such as transport and health weighing on voters’ minds, he said the Brumby government needed to do more.

…

‘I think it’s fair to say that in the face of unprecedented growth, we struggled to keep up …

‘We struggled not through a want of effort, not through a want of caring. But I think we could have done more, we could have done better’.

ASSEMBLY

Mr Pakula — And funded it.

Mr BATTIN

3369

— The member for Lyndhurst says,

‘And funded it’. While planning for it and funding it the members opposite might have decided to put in a substation so it could be used as well. That was something that was forgotten during the planning stage.

Labor did not put in a substation, and there was no electricity. They said there would be a fantastic station.

The only thing is that trains would not be able to stop or start at it, which would have been fantastic. This government is getting on with the job of duplicating

Clyde Road, which is another absolutely massive project in the Gembrook electorate to ensure that residents in Berwick have access to the freeway. We are making sure that we not only plan the roads; we have also changed intersections, we have put in lights and we have made the road a lot safer for communities in the area.

I put that down as an admission of incompetence. The incompetence of the previous government while that growth was taking place was absolutely appalling.

What have we heard since Labor members have been sitting on the opposition benches? We have heard nothing but negativity. This government is putting in place plans for growth. It is putting in place plans to ensure that we are preparing for the future. We are putting in place plans for infrastructure such as the east–west link, which we will have contracted and ready to go prior to the next election. Why are we doing that? It is because it is important that we get the plans in place and the infrastructure started for the future.

Mr

Mr

Nardella

BATTIN

interjected.

— While the member for Melton yells out, ‘We’re planning’, we are also looking at the

Melbourne port expansion. We have also invested in and got works under way at the Bendigo Hospital, the

Swan Hill hospital, the Kerang hospital, the Numurkah hospital and the Charlton hospital. We are supporting the health networks through our regional areas, which is very important.

I am very much looking forward to opening one of our major projects next year. I cannot wait to see the

Minister for Education in my electorate to open the

Officer special school. I will never forget attending a meeting with the member for Narre Warren South and the former member for Gembrook. They got up and talked about the things they had done. They talked about some of the schools they had fixed in the area, and they spoke about schools that were nowhere near

Berwick or Officer, which was obvious because the

Labor government had not built a school in Officer for about 15 or 20 years. That is how long it is since anything happened in Officer. They spoke about school renovations they had done, but they did not address the one issue that we were there for. We were in front of

400 people who had been calling for a special school in the Casey-Cardinia corridor for many years.

We are not planning in the Gembrook electorate at the moment; we are actually out there building as I speak.

We have the Cardinia Road railway station, a project — —


I think I made the shortest speech of my career on that day. I walked up to the member for Narre Warren

South and to the former member for Gembrook and said, ‘Thank you very much for your contribution today, but you have just proved one thing, which is that you have failed to listen to my communities about the school they need. There are parents here today with children with special needs who do not want to be on a bus for 2 hours going to Dandenong or across to

Cranbourne because of the way the bus routes work’.

Mr BATTIN — Yes, I will give credit where it is due. The project began four or five days prior to the last election. Labor committed to it at the elections in 1999, in 2002 and in 2006, yet the first soil was dug five days before the 2010 election. The site was then locked up and Labor walked away. It had the photo, and that was all members opposite were interested in. They put on the vests and the hats and then they walked away.

The next project we are building, which is under way now and which will be open for the 2015 school year is the Officer secondary school. I was talking before about growth. How much growth have we seen in the

Gembrook electorate? A secondary school has not been built there by the state since 1972. That was the school I attended, Berwick Secondary College. That school has

GRIEVANCES

3370 ASSEMBLY Wednesday, 16 October 2013 seen such growth that it has now has more than

1600 students. We will see another 10 000 properties come on to the market over the next 15 years in Officer alone, and this government is going to ensure that it is planning for the future. It is putting the school in

Officer now, before it is needed. As families gain the confidence to move into the area not only will they have a new railway station but they will also have the duplication of Cardinia Road and the Officer specialist school and the Officer secondary college. These are the things they need in the area before they move there.

When he visited, the Minister for Sport and Recreation would have walked through the old netball courts in

Beaconsfield, which had been broken into four times during that week. The club will have brand-new facilities thanks to the funding that is coming through from the state to ensure that growth can continue.

Beaconsfield Football Club will be the largest junior football club in the state with more than 3000 members and players. It will be bigger than Vermont Football

Club, and as growth continues in Officer, more and more kids will want to come down there.

I mentioned railway stations. It is important that we have railway stations at the start of a project, not at the end. By the time Cardinia Road was constructed, because of delays by the former government over all those years — it committed to the project and failed to deliver — most families with children aged 18 and older had gone out and bought second and third cars and they were not all that interested in using the railway station.

Growth in our area is super important, and in this respect the former government failed. It did not do anything around the Beaconsfield area until it was pushed and shoved and the media got on board. I was not even a candidate for this electorate when the media started talking about issues related to sports facilities. I note that the Minister for Sport and Recreation is at the table today. Prior to last election the first conversation I had with the Minister for Sport and Recreation in the previous government was about the Beaconsfield

Football Club and the development of the ground down there. We have had an issue for many years in that area in relation to young people wanting to get out and play footy.


Mr BATTIN — The Minister for Sport and

Recreation says, ‘More people more active more often’.

The Minister for Environment and Climate Change would add, ‘More places’.

We need to make sure we work with councils to supply them with funding to ensure they can get some good sports facilities up and going in their areas. The

Beaconsfield community has had the opportunity to expand, having received a total of $1.5 million from the state. With that money it has built a brand-new facility which is not just for the footy and netball clubs but for the entire community. It has two new ovals, cricket facilities and netball courts, and they are about to put in a car park.

As I continue to talk about what is going on in the area I want to mention law and order. We visited Emerald, which had been campaigning on this issue very hard for many years, again to the former member for

Gembrook, who failed to listen. The former government failed to listen to people in Emerald when all they wanted was a 24-hour police station. The argument was that there was not enough crime or other issues in Emerald to justify a 24-hour police station.

The former government did not put the whole picture into perspective.

There has been a reduction in crime in that area, but if you want to go and have a look, you will find that the

Emerald police station is not just about crime. Emerald is a high fire danger area. It is an area of great significance during summer and a community meeting point. Emerald needs a 24-hour police station because that provides an opportunity for police vehicles to be on the road there at any time of the week monitoring what is going on, rather than people having to wait overnight for police to come from Pakenham. At the moment the

Pakenham police station covers the area all the way down to Lang Lang and up to Emerald. If there had not been a lack of police numbers, a lack of infrastructure and most importantly a lack of listening by the former government, this issue could have been identified a lot earlier.

Just recently there was a fire in Emerald and we had to close off some of the roads. The school was in a difficult position during February last year. The buses could not leave because there was a fire down the road, and all of the students had to remain where they were.

At the time the police in Emerald were not on duty and the school had to wait for police to come from

Pakenham. This government will supply a 24-hour police station to ensure that when an event such as that happens there is someone on call who can be reached straightaway rather than the community having to wait for someone who could potentially be in Lang Lang or further away.

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY 3371

I spoke earlier about planning, and it is important to point out the negative attitude of members of the opposition. They did not listen, and they have admitted they got it wrong. They did not plan, and they have made a lot of admissions around that. It is interesting to note that in the article I mentioned earlier the Leader of the Opposition described himself as a ‘golf tragic’, and he is possibly playing today and tomorrow. It is quite a busy time for him. Whilst he is doing that the Minister for Planning has been working exceptionally hard with his department to get Plan Melbourne up and going.

Plan Melbourne is now out, and people have the opportunity to comment until 6 December. They can get online and have a look at what this government is planning for the future. Those things include the development of the port of Hastings, which will be of huge benefit to my electorate and provide jobs locally.

Another big project is the planning for an airport in the south-east. That is another thing members opposite object to and another thing that the Leader of the

Opposition has decided to be negative about. He wants to stop development in Victoria to suit his political needs.

It is important that we start to plan now in the south-east growth corridor for that airport in the future.

We do not want to end up like Sydney where there is a curfew and they are struggling because they have no idea where they are going to put a new airport in the future. We will end up being the financial centre of

Australia. We will be the tourism and transport centre of Australia because those industries will be based in

Melbourne. We will have Avalon Airport and of course we will have an airport down in the south-east in the future.

By planning now we will not end up in the same position as Melbourne Airport, where it is difficult to provide any extra infrastructure. We will be able to have a greenfield site, plan for the future and make sure we have the land available. We can look at the flight paths that will be used and then put in the planning zones and everything in those flight paths. We can have three long-term, curfew-free airports.

Mr

Mr

Nardella

BATTIN

interjected.

— The member for Melton said he will be dead by then. With the way he keeps yelling and going red in the face there is every chance of that. down there. It is important to let them know that if they have issues about that proposal, they can come forward and have their say. That is where the previous government failed: it did not let Victorians have their say.

Mr

Government

PALLAS performance

(Tarneit) — I grieve for Victoria’s economic performance and its management by this bungling, self-absorbed government. I grieve for a state which has seen its citizens being hoodwinked and misled — not led — by a government unable to come up with a coherent plan of economic development for this state. It has cast adrift every shred of its pre-election commitments. In effect it has cast them aside simply to cling to power by whatever means necessary.

This government’s so-called record of sound financial management is built on smoke and mirrors, bluff and bluster and juvenile arrogance and ignorance. The

Napthine government would have us believe it is ready to take the wheel of the Victorian economy with a steady hand — to manage it in a way that Victorians would expect of a government with a clear focus on the future — but that is not how it has conducted itself. It is reckless, heartless and hypocritical. It is endangering the prosperity of all Victorians.

In December 2010 the coalition government released its first budget update. It promised to implement an economic reform agenda that would fix the problems created by 10 years of Labor surpluses — between

2000 and 2010 the average operating surplus of the

Victorian Labor government was over $1 billion. It promised to fix the problems created by record low levels of debt — between 2000 and 2010 the average net debt for the state of Victoria was $2.7 billion. It promised to fix the problems created by record employment growth — the average sat at 2.4 per cent.

It promised to fix the problems created by an average gross state product growth of 6.1 per cent per annum over the 10 years Labor was in office, and this period included the global financial crisis (GFC), which Labor had to manage for longer than this government has existed. Government members should not tell us that the problems confronting this government were caused by the GFC, when its onset and the worst of it was managed by a Labor government — and managed with capacity and flexibility to grow the Victorian economy.

It is important to have that planning for an airport in the south-east. I went to Koo Wee Rup with the member for Bass and a member for the eastern region in the other place to discuss the project with the community

In opposition the member for Scoresby, who was sacked as Treasurer for being asleep at the wheel, accused the Labor government of lacking a ‘transparent repayment plan for debt associated with infrastructure

GRIEVANCES

3372 ASSEMBLY Wednesday, 16 October 2013 projects and programs’. Now the government refuses to even tell Victorians exactly how much its signature, game-changing, world-beating, intergalactic road tunnel between the Eastern Freeway and the

Tullamarine Freeway will cost, let alone how much debt — that is, additional debt — it is going to take on for the tunnel or how it intends to pay it back. congestion tax, but what they were against was that it was not gaining enough revenue from the Victorian people. The member for Scoresby even seems to suggest that Labor’s six cuts to WorkCover premiums were somehow a result of profiteering by the authorities. The Premier accused us of bleeding the water authorities dry and plundering dividends — imagine that! The Treasurer accused us of finding extra revenue in the budget papers to prop up our rapidly fading bottom line.

What we do know is that every piece of advice it has received from its bureaucracy that has found its way into the public domain has said in effect, ‘Do not do this’. We know that VicRoads has advised the Minister for Roads and said in effect, ‘Do not build this because it will not fix congestion at the top end of the Eastern

Freeway onto Hoddle Street’. In addition to that there was advice from the Linking Melbourne Authority, which said in effect, ‘Do not build this section of road as a priority; there are bigger, more important things to do’. But $6 billion to $8 billion will be thrown into this game of infrastructure roulette that could well consign this state’s economic opportunities to pure folly. This is a march of folly by a government that does not know the direction in which it should go. It is absolutely visionless. In effect it intends to accept the lion’s share of the risk associated with this mega-project on behalf of the Victorian taxpayer. You could not think of anything more foolhardy in the current environment.

When the first iteration of this government was elected, it parroted Labor’s commitment to maintaining a minimum $100 million operating surplus. Since the

Baillieu government was elected — and more recently since the Napthine government was not elected — government members have done nothing but make short-sighted and duplicitous decisions in the name of propping up their government’s surpluses. Let us take a look at some of those. Members of this government have increased and extended the congestion tax to which they were diametrically opposed so that it is no longer a tax on congestion but a cash grab which discourages people from shopping in the city. In the process of doing this, government members have got themselves an extra $50 million a year.

Why is it such a bad idea? If you look at the settlement reached in regard to the desalination plant yesterday, you will understand why. In effect $700 million of exposure of the Victorian taxpayer will not be borne by the taxpayer as a consequence of the risk allocations in that desal agreement. In addition to that, a refinancing arrangement was only able to be negotiated because the previous government put the refinancing arrangements in and ensured that Victorians got the benefit of them.

But this government is so self-absorbed and self-obsessed that it does not acknowledge that the risks it is taking are both reckless and indifferent to the economic realities that confront the state.

Members of this government have also ripped almost

$2.5 billion in dividends from publicly owned corporations. In Labor’s last year in government dividends totalled $243.3 million, and in 2012–13 dividends totalled $1.168 billion. Let me put it another way: that is a 500 per cent increase in dividend pilfering that is going on at the cost of Victorian taxpayers. Make no mistake about it! This pilfering includes taking

$340 million in dividends from WorkCover. Under

Labor taking a dividend from WorkCover would have been unthinkable, but even though we did not do so, we managed to reduce WorkCover premiums not once but six times. In opposition the current Treasurer accused

Labor of fiddling the books, but on Monday he managed to keep a straight face when he fronted the cameras and claimed funding of $20 million for improvements to bus shelters as a revenue stream.

In opposition, members of this government were harsh critics of Labor’s 10 budget surpluses and the way it delivered them. We were accused of all manner of economic transgressions. The member for Scoresby derided the so-called congestion tax as being something that those on his side of the chamber opposed. I will tell the house why those opposite opposed it: because they wanted to increase it by 50 per cent, apply it to short-term parking and increase the footprint of the congestion tax beyond the area of the CBD grid that the previous government had put in place.

What do those opposite actually stand for? They went around telling Victorians that they were against the

In 2010 the government promised it would ensure total public sector net debt did not exceed the level forecast in its budget update — that was its commitment.

Forecasts since then show that Victoria reached its peak debt at the end of the last financial year, at

$15.8 billion. According to the 2012–13 annual financial reports, released with much fanfare on

Monday — once again by the Treasurer — Victoria’s net debt was at $19.8 billion at the end of the last financial year. The 2013–14 budget suggests that debt will reach $25.1 billion in 2014–15. This is from the

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY 3373 people who promised to bring debt down. Members of this government said they were going to bring debt down and not increase taxes or put new taxes in place.

What a joke! What a bunch of financial frauds populate the government benches in this place, and what a sham it is that members of the government, including the

Premier who nobody elected, in effect are sitting there telling Victorians that they will not even have an opportunity to look at the greatest debt burden with which Victorians have ever been encumbered.

Victorians are falling much faster than those of the country overall, so we are seeing increasingly insecure employment and increasingly less work for those who are employed, which speaks loudly about an economy that is coming to a grinding halt and rapidly becoming a dead weight on the Australian economy.

This is happening despite the fact that government members fronted the people of Victoria and said that not only were they not going to toll the east–west link but they were not going to build it. Before the election they said that such investments were all about public transport. Of course the stock in trade of those opposite is basically to mislead the people of Victoria. Every budget this government has handed down has effectively pushed the peak debt levels of this state up higher and higher into the future.

Of course let us not forget about jobs, because this government has. Who could forget the pontificating from the sacked sleepy former Treasurer of Victoria, the man who could not be found, having gone missing for two years? He is the man who said to the

Committee for Economic Development of Australia that every government would be judged upon its performance in terms of job creation. He was so concerned about job creation that when his government brought down its first budget he could not bring himself to utter the word ‘jobs’. Jobs became a thing of the past.

There are now about 32 000 more unemployed

Victorians than there were when the member for

Hawthorn was elected Premier. Of course he was elected Premier, unlike the person the member for

Frankston elected as Premier. We also know that once upon a time in this place the member for South-West

Coast equated unelected premiers with Idi Amin and

Robert Mugabe, so we know what he thinks of unelected premiers. In effect some 3600 people have become unemployed since the member for South-West

Coast became the Premier, and of course it was the member for Frankston who conspired with him to knife the elected Premier of Victoria.

More than 80 per cent of the jobs created by this government are part-time jobs, because this government wants to encourage employment insecurity. This is a government which will lose no opportunity to talk down the economy in order to reduce opportunities for young people in our community. With 80 per cent of newly created jobs being part time, the average hours worked by

In December 2010 Victoria’s unemployment rate was

4.8 per cent, when the member for South-West Coast and the member for Frankston knifed the elected

Premier it was 5.7 per cent and now it has increased to

5.8 per cent. Just yesterday we heard the sad announcement of another 100 jobs being lost from

Toyota in Altona. Predictably the Premier does not seem to want to do anything about that. That is the story of this government. It is a story that is both shameful and shameless. Members of this government went to the people of Victoria saying one thing — ‘We will bring down debt’ — yet debt has grown from $8 billion under the previous government to $25 billion going forward. Members of this government said they would reduce taxation and not introduce new taxes, but as a percentage of gross state product this government is the highest taxing government in Victoria’s history. This government is awash with revenue — in fact $2 billion extra in revenue since it came to office — but still its members let Victorians — —

The DEPUTY member’s time has expired.

Former

SPEAKER — Order! The government performance

Dr SYKES (Benalla) — It is an absolute pleasure to follow on from the light relief provided by the comedian, the member for Tarneit. His contribution in itself was light relief from the intense abuse that this house was subjected to by an earlier presentation from the member for Monbulk. I will come back to both of those speakers and their contributions later.

I grieve today for the people in Victoria and Australia who placed their faith in the Australian Labor Party to represent them in state and federal parliaments. In contrast I rejoice for the people in Victoria and

Australia that we now have Liberal-Nationals coalition governments in place to fix the mess, put in place sound economic management, facilitate the creation of wealth and jobs and take care of our vulnerable. At a federal level I grieve for the way the Australian Labor Party and its faceless men have conducted themselves over the past two terms of government. They have focused on vicious factional wars that have seen the demise of two prime ministers, and at the same time they have failed to effectively manage major projects such as the

Building the Education Revolution program, the pink

GRIEVANCES

3374 ASSEMBLY Wednesday, 16 October 2013 batts scheme and more recently the national broadband network rollout.

As a result of Labor’s poor financial management,

Australia’s debt has blown out to approximately

$300 billion. Dramatically it blew out by about

$30 billion in the few weeks after the May 2013 budget.

On the subject of leadership, federal Labor’s new leader was intimately involved in the demise of the two previous leaders. He was frequently depicted by cartoonists as having blood all over his hands from stabbing people in the back. It is therefore humorous to hear the member for Tarneit referring to people on this side of the house stabbing people in the back. member for Hawthorn and the then Treasurer, the member for Scoresby, the extent of the mess left behind by the Labor Party was progressively exposed and remedial measures put in place.

Mr

Dr

Crouching Tiger — —

The

SYKES

Pakula interjected.

— I take up the interjection from the

DEPUTY SPEAKER — Order! It is disorderly to take up interjections.

Dr SYKES — We now have Premier Napthine and

Treasurer O’Brien continuing the work, supported by the whole cabinet, of delivering good leadership, vision, sound economic management, wealth and job creation while caring for our vulnerable.

At the state level the Labor Party is currently experiencing a leadership vacuum. The Leader of the

Opposition’s petulant display and disrespect for the

Victorian Parliament has resulted in his suspension for three days. Into this leadership vacuum has stepped the member for Monbulk. He is a man — and I use that word generously — who is not without form when it comes to displays of petulance and subsequent suspension. The member for Monbulk’s parliamentary performance hit a new low yesterday when he sought political mileage out of the incident that occurred on the front steps of the Parliament. He set a record and he went lower today when he dedicated his time to attacking the member for Frankston and other people on this side of the house, including yourself, Deputy

Speaker. It is perfectly legitimate and reasonable that the opposition hold the government of the day to account — it is what the opposition should do — but there are ways of doing things. The way that the member for Monbulk has conducted himself is unbecoming.

Some examples at the highest level include our budget surplus for the last year, which was about $300 million.

We have retained our AAA credit rating and conducted enterprise bargaining agreement (EBA) negotiations with the police, the nurses and the teachers. We are achieving productivity gains. In the case of teachers we are looking to have better outcomes for our students and better value for the taxpayers dollar. Just this week the Minister responsible for the Teaching Profession,

Mr Hall, highlighted the need to look at the performance bonus for teachers — obviously with the involvement of the teachers union, given it was involved in the EBA. Last year 98 per cent of teachers got performance bonuses, but only 70 per cent of the students achieved the target level of performance. It does not gel. That is Labor number crunching at its best. The minister has suggested to the principals who are responsible for assessing performance that a more appropriate percentage of teachers receiving performance bonus would be in the order of 60 to 80. If it is outside that, the principal will be required to justify it. We are looking at value for taxpayers money.

In the absence of the creditable, albeit temporary, leadership of the member for Monbulk, the Crouching

Tiger made his move last night. The move by the member for Lyndhurst was not what one would expect from a predator at the top of the food chain. The crouching tiger’s effort was more akin to what one would expect from a playful domestic moggy, perhaps a six-week-old kitten, with a few playful clips, a couple of manoeuvres and a swipe of the paw before settling down again and wanting a nice stroke of his ego. I am mindful that the Crouching Tiger is going to have the opportunity to pounce again when I finish speaking.

We will see whether he has sharpened his claws and has a bit more growl.

Contrast this pathetic leadership vacuum in the opposition with the leadership, vision and performance of the state Liberal-Nationals coalition government.

Initially under the leadership of the then Premier, the

With the police, as a result of the work that was done with the EBA, we have a situation whereby good coppers who leave the force and then want to come back later can actually come back in at the level they left. They do not have to follow the archaic approach of coming back in at the bottom of the pile. This saves taxpayers money on training and the underutilisation of their skills and it gives job satisfaction to these people coming back into the force. As the member for Rodney said, it is simple common sense. We now have a register of police to be available in the event of natural disasters and other emergencies. We can have experienced coppers slotting back in when required at very short notice. That is common-sense government.

GRIEVANCES


As a matter of principle this government focuses on outcomes, not on simply throwing taxpayers money at problems. We have clear intentions, and we are putting in place efficient monitoring of processes and achieving effective accountability. I will look at some of the things our government has been delivering at a local level. I note today that the members on this side of the house have highlighted the millions of dollars that have gone into each and every one of our electorates to improve the quality of life, job creation and wealth creation in our electorates. paid for by former owner Rick Jamieson, with the

Regional Growth Fund contributing to the landscaping there. We have also put in about $1 million towards the

Glenrowan sewerage upgrade.

A couple of million dollars extra is going into the

Bright off-stream water supply. An amount of $130 000 is going into the Benalla gardens oval grandstand upgrade. The list goes on. For the Benalla town hall upgrade there is $300 000. In terms of wineries up in our valleys there is $50 000 going to Gracebrook

Vineyards and something like $100 000 to Boynton’s

Feathertop Winery. There is money for job creation with D. & R. Henderson receiving $150 000 to create and secure jobs in Benalla, and for Benalla enterprise park planning there is $150 000.

In the electorate of Benalla a range of activities have been under way over the last couple of years. For example, there has been a focus on eco-based tourism and adventure tourism. I leave aside that a former minister went for a bit of a bushwalk up our way and got lost. Since that time we have put signs up on that trail from Hotham to Falls Creek to assist future bushwalkers not to get lost. That is part of a significant investment in tourism, and incidentally that was done in conjunction with the federal government; therefore any

Labor Party members who feel they might be losing their way and want to go for a walk can relax: there are signs.

The list goes on. In relation to protecting our communities we are continuing to roll out money for the Country Fire Authority (CFA). Just a couple of weeks ago I was able to hand over the keys to trucks for the Goorambat and Benalla brigades, worth about

$380 000 and $420 000 respectively. I will put on the record the facts about CFA funding. The facts — —


Over and above that we are investing about $60 000 in the Cycle Salute program, which encourages the coordination of cycling-based tourism in our area. We have put $150 000 into the Mystic Park mountain bike trail near Bright and $1 million into the Bright to

Harrietville rail trail. For the Myrtleford rail loop there is $300 000 in flood recovery money and $200 000 from the Putting Locals First Fund. At Mount Buller and Mount Stirling there is $375 000 for an elite mountain bike trail. It goes on. If we look at the construction of community infrastructure, we see that about $280 000 is going to a community facility at

Tatong Recreation Reserve. At Swanpool, a community not too far from Tatong, there is about $270 000 for a community facility. For the completion of the Benalla lakeside community complex, an absolutely magnificent building, again there is a couple of hundred thousand dollars. There is about $300 000 for Avenel

Recreation Reserve. With about $1 million in funding there is a substantial upgrade happening in a series of stages at Mansfield Recreation Reserve, and there is about $90 000 for an upgrade at Maindample, one of our small communities.

About $3 million is going into streetscaping and other activities at Nagambie to give it some benefit after having its major road bypass it, thus removing very heavy traffic from the main town. Incidentally at

Nagambie next week I will have much pleasure in participating in the unveiling of the Black Caviar statue,

Dr SYKES — Are you listening? The facts are that

CFA funding this year is the second highest on record.

It is more than Labor ever funded the CFA in its

11 years of miserable leadership. The fact is that CFA funding is more than that ever provided under Labor, and it is meeting the needs of our CFA brigade members and our much-valued brigades.

Ms

Dr

Duncan

SYKES

interjected.

— It is disorderly to take up the interjection, but I do talk to the CFA. The CFA has told me, and we know. Its members are very happy, as I have been going around giving out grants to at least

20 brigades over the last few weeks. We are delivering.

I come back to the starting point of grieving for the people of Victoria, who endured the mismanagement of the Labor Party. It was humorous to be offered economic management advice by the member for

Tarneit. I will just correct one of the allegations. Labor funded its budget surpluses by going further into debt.

If you ran a household like that and you maxed out your credit card because there was not enough money coming in each week, you would be negligent. That is how the Labor Party funded the surpluses.

Secondly, in relation to project management, the member for Tarneit had the temerity to raise the issue of the desal plant. If I was a member of the Labor Party,

GRIEVANCES

3376 ASSEMBLY

I would hang my head in shame, because the desal plant is costing ordinary Victorians $1.8 million a day, each and every day, and it will do so for the next

30 years. This is courtesy of the inflationary practices of the Labor Party, which cannot manage money. Of course, the desal plant is lying idle, because contrary to what the Queen of Yan Yean said, it does rain.

Wednesday, 16 October 2013 the Legislative Council less than a year before the 2010 state election and accompanied by a commitment that one of the first acts of an elected Baillieu government would be to introduce such a panel to oversee all government advertising.

Finally, Deputy Speaker — —

Ms

Mr

The

Duncan himself — — expired.

— On a point of order, Deputy Speaker,

I ask that the member treat other members with respect and keep his sexist, misogynist comments to for Macedon! I ask the member for Benalla to address members by their correct titles. His time has now

Government accountability to follow the member for Benalla. I grieve for the people of Victoria and especially for those who were so cruelly duped into believing that the Liberal-Nationals coalition meant what it said before the 2010 election, which was that it would be an open, transparent and accountable government — —

Mr

DEPUTY

PAKULA

Nardella

SPEAKER — Order! The member

(Lyndhurst) — What a privilege it is

— I remember that one.

We heard the commitment from the member for

Hawthorn at the people’s forums in the lead-up to the

2010 election that there would be no more Dorothy

Dixers in the house. We heard the rhetoric from all those members of the Liberal-Nationals coalition during the Windsor inquiry and other parliamentary committee hearings that ministerial advisers should front parliamentary committees. It was not a commitment made just once; it was a commitment made on multiple occasions. I heard bleating and I saw crocodile tears for four years from the now Minister for

Health, the now Minister for Planning and the now

Minister for Higher Education and Skills about how ministers should hand over documents to the

Legislative Council upon request because ‘governments with nothing to fear should have nothing to hide’. I say that all of it was hot air and forgotten by about

Christmas 2010.

It is worth remembering what was promised and what happened subsequently. Members might recall the little work of fiction about freedom of information that was put out by the Victorian Liberal-Nationals coalition in the lead-up to the last election. Let us go to some of the commitments made in it. It opens with:

Mr PAKULA — I say to the member for Melton that I remember it too, because we heard it over and over again in the four years between 2006 and 2010. It was not just some idle promise; it was almost the member for Hawthorn’s mantra. It was something that the member for Hawthorn, the then opposition leader, made into one of the absolute centrepieces of the 2010 election campaign. I cannot imagine that there is any member of this chamber or indeed many Victorians who do not remember the ongoing rhetoric that emanated from the then opposition in the lead-up to the

2010 election.

The Liberal-Nationals coalition is committed to improving the transparency and openness of the freedom of information legislation.

It says:

There are excessive and unreasonable delays in processing requests made under freedom of information.

Of course we all know that this has got worse, and it has not got worse by accident; it has got worse by design because the government has introduced legislation that blows out the time frame from 45 to

135 days through its bogus FOI commissioner. The document continues:

There was rhetoric such as: governments that have nothing to fear ought to have nothing to hide. There was rhetoric about freedom of information. There was the comment made by not just any old member of the

Liberal-Nationals opposition but by the member for

Hawthorn himself that FOI ought to be a case of saying,

‘Ask and ye shall receive’. There was the policy position that all government advertising ought to be ticked off by an independent advertising review panel.

It was not just a promise; it was a promise backed up by a private members bill that was introduced by the now

Minister for Health and Leader of the Government in

The Ombudsman has formally concluded there is a culture of secrecy in Victoria’s FOI system.

What does the Ombudsman say now? What does the

Ombudsman’s report of April this year say? It says that the culture of secrecy is now centred in the Department of Premier and Cabinet; it says it is the worst offender of all.

GRIEVANCES


The Liberal-Nationals coalition document says:

Labor is increasingly looking to appeal decisions of the

Victorian Civil and Administrative Tribunal, by taking applicants to the Supreme Court.

Has that practice stopped? Not if you read the Herald

Sun of 22 September, which says that the government spent over $1 million on FOI solutions and their mate

Mick Batskos in appealing FOI matters. Furthermore, the Liberal-Nationals coalition document states that a coalition government would ensure that:

ASSEMBLY 3377

The member for Benalla talked about projects and business cases; he had the audacity to talk about that.

The government has already indicated that it will not release business cases before contracts are awarded. It might be that you could make a case for that, but the government has said moreover that it will not release them ever. It will not release them ever! So departmental costings that form the basis of government decisions about projects will be kept from public view. We just have to hope the Auditor-General does not fall for that; I have confidence that he will not.

… the independent FOI commissioner will also set enforceable professional standards which departmental FOI officers will be required by law to meet …

Is that the case? No, those enforceable professional standards are now being overseen by the

Attorney-General, not by the independent FOI commissioner.

I have to say that that approach absolutely flies in the face of the evidence that the Public Accounts and

Estimates Committee took during the infrastructure inquiry — commissioned by the government, by the way — about the rigour of departmental costings being better if public servants know that their work will be held up to the light. It also means that we have to take the government’s word for it that these business cases have even been done. In terms of the east–west link mirage business case, I am not sure I believe it has been done at all.

The document also states that under a Liberal-Nationals coalition government the independent FOI commissioner would take responsibility for all first stage reviews of FOI requests in Victoria. Yet when the legislation came in, what did the coalition government say? It said, ‘Oh, yes, it will be for all reviews except where we claim cabinet in confidence or where the decision is made by a departmental or agency head or where we claim national security’. So the vast bulk of

FOI rejections cannot be looked at by the FOI commissioner at all.

We had, as I said, the promise of a private members bill on a government advertising review panel. That is how seriously the then opposition took it. Instead we got nothing in terms of advertising review panels other than some internal Department of Treasury and Finance committee chaired by a former staffer of former Prime

Minister Howard, and yet those opposite still have the audacity to call that process independent. The then opposition also said in its policy that government without scrutiny is bad government, yet it commissioned the Vincent report into the former

Director of Public Prosecutions. As a consequence of that report it got rid of the former Director of Public

Prosecutions, and to this day it has refused to release the report or subject it to any kind of scrutiny at all.

The member for Monbulk talked about the Overland affair. We all remember the role played by the former

Premier’s then chief of staff, Mr Kapel, in all of that.

Has there been any scrutiny about Mr Kapel’s role in that? No. He was shipped off to San Francisco as a reward for keeping shtum.

With regard to the Independent Broad-based

Anti-corruption Commission, we were promised a

Doberman and we got a chihuahua. We had to listen to three years of nonsense from the former opposition about what was in fact a pretty robust accountability regime from the Ombudsman, the local government inspectorate and the Office of Police Integrity (OPI).

The government has knocked off the OPI, it has knocked off the local government inspectorate and it has nobbled the Ombudsman. We saw today in the

Ombudsman’s report that was tabled what the

Ombudsman thinks of it: he has basically gone and got his own legal advice from Eamonn Moran, the former chief parliamentary counsel, that says the entire integrity regime is constitutionally invalid.

I urge all members of the government to read this report, because it might give them pause for thought about the regime they have brought in that has had absolutely no effect. They have an IBAC twiddling its thumbs with nothing to do, and in the process they have effectively nobbled the Ombudsman, who is saying it is constitutionally invalid anyway. It is a regime that also has the effect of completely wasting the

Auditor-General’s time with silly reporting obligations.

The government has an army of people sitting at IBAC with nothing to do, because it has made the threshold so high that the only way to reach that threshold is by committing a crime — and in that circumstance the police will investigate. You do not need IBAC. The government has created a cushy little sinecure at 121

GRIEVANCES


Exhibition Street for services rendered to conservative politics for John Lloyd, who is sitting there as the red tape commissioner with a whole floor of 121 Exhibition

Street to himself. There is no-one else there; I do not even know if he has got an executive assistant. He is sitting up there by himself dreaming up things to do.

The DEPUTY SPEAKER — Order! The member for Lyndhurst should speak through the Chair. He has used ‘you’ three or four times now.

Mr PAKULA — Thank you, Deputy Speaker; I am still familiarising myself with the forms of the house.

The government promised shield laws for the media, but it has delivered no protection whatsoever for journalists who are reporting matters before the

Ombudsman and no protection whatsoever for journalists who are reporting matters before IBAC.

Again, this is a totally deficient shield-law regime. We have a totally deficient IBAC, a totally deficient FOI commissioner and a non-existent government advertising review panel. Chiefs of staff are being shipped off to foreign climes. The whole thing is just an absolute shambles, an absolute travesty.

The government promised to get rid of Dorothy Dixers, but the Dorothy Dixers are becoming more inane by the day. Not only that, but government members seem to be getting asked Dorothy Dixers by so-called

Independents. How does that happen? There must be some osmosis happening up on the third floor, where I am, where they were all partying last night. They have actually cut the budget to the Parliament itself. The

President of the Legislative Council made his feelings about that very clear before the Public Accounts and

Estimates Committee. The government has cut the budgets of parliamentary committees; it has cut the number of parliamentarians who can sit on those committees; it has cut the number of committees that are there in total. So it has totally compromised the work of parliamentary committees. You have a situation — —

Mr

Mr

Battin interjected.

PAKULA — I say to the member for

Gembrook that this government is so committed to secrecy that it has even stopped independent regulators like the Victorian Commission for Gambling and

Liquor Regulation from meeting with the opposition unless a member of the minister’s staff is present in the room. That is how committed to openness you are. You have refused, either in this chamber or in the other chamber, to accept one amendment from a non-government member in three years. Not one amendment has been accepted from the Labor Party or the Greens, although you would probably accept one from the Independent member for Frankston. You have refused to let — —

The government has refused to let any bills go to committee in this place. It has accepted not one reference — not one reference — from the non-government parties in the other place for a matter to go to one of the Legislative Council committees.

That is how committed this government is to openness, transparency and accountability. FOI is a shambles;

IBAC is a shambles; the Parliament has been underfunded; the government advertising review panel does not exist; and chiefs of staff are being shipped away to keep them quiet. The whole thing is part of the government’s attempt to shut down scrutiny and exposure in this state.

This was a party that talked a very good game in opposition about accountability, but it has sought — and almost succeeded — to bring down the iron curtain of secrecy on everything that walks, talks and breathes in the corridors of power. I hear today the government is even trying to keep the media away from the back door. I grieve for those Victorians who might have thought for a moment that when this government said it would be open, transparent and accountable it meant what it said.

Former government performance

Ms MILLER (Bentleigh) — I rise today to grieve for the people of Bentleigh for the disrespect they have been shown by the Leader of the Opposition through the total disregard he has shown towards this

Parliament and, sadly, the disregard and contempt he and those opposite have shown to the constituents of the Bentleigh electorate over a long period of time.

Today the member for Mulgrave has been opposition leader for 1048 days. In that time Victorians have heard nothing from him and Labor but relentless negativity, and seen only childish behaviour and a total abandonment of policy development. The Leader of the

Opposition’s 1000-plus-day policy-free zone includes the 77 days Labor has been hopelessly divided over the transport plan which he promised to release but which has yet to see the light of day.

As has been noted, the suspended Leader of the

Opposition is touring my electorate today. I congratulate those opposite for passing the hat around and splashing out on a new Melway and a GPS for him, because he would not know where Bentleigh is. Labor

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY showed a total disregard for my constituents during its

11 long years in government and 3 years in opposition.

Since Premier Napthine took office he has visited and met with residents on three separate occasions. This is in stark contrast to the actions of the Leader of the

Opposition and Labor, who have shown absolutely no interest in Bentleigh and its residents. It is only since the Leader of the Opposition was suspended from this place due to his childish behaviour that he has decided to feign an interest in Bentleigh and try to hide the state of his reputation caused by his appalling behaviour.

Given the tour by the Leader of the Opposition, I want to spend a moment going to the very heart of the mean-spirited, disingenuous nature of Labor’s negative campaign. Bentleigh residents received an abrupt, automated phone call from the Leader of the

Opposition on Thursday, 3 October. The calls were made after hours, and in many cases at almost 8.00 p.m.

The purpose of this telemarketing call was to browbeat residents into attending the Leader of the Opposition’s so-called people’s forum. The telephone call received by many local residents on Thursday, 3 October, was aggressively toned, fast paced and confusing to many.

3379 necessary to drive Victoria and the Bentleigh community forward with the services and infrastructure they need. This is what I want to focus on here today.

The coalition government is getting on with the job. It is getting on with a positive program of investment in services and infrastructure, including in the Bentleigh electorate. I am proud to be delivering for the Bentleigh electorate, and this government is delivering for

Victorians, because we listen and we care. In just over two years I have delivered the following. In infrastructure I have commenced the vital level crossing removal at Ormond railway station on North Road; installed lights at McKinnon Reserve; installed lights at the Bentleigh Bowling Club; installed a Parkiteer bike cage at Ormond railway crossing; commenced the Julie

Cooper pavilion upgrade at Centenary Park; seen funds allocated to Moorabbin Reserve in Linton Street; installed a pedestrian crossing on Jasper Road — and that was one that was promised but never delivered by the former member, who was all talk and no action; and commenced the Southland railway station project, an initiative the local community is embracing.

My office has been inundated with complaints stemming from the calls. One of my constituents was left incensed by the call, which was made before the telemarketing deadline of 8.00 p.m. My constituent described the phone call as very aggressive and confusing. She is senior in years and has recently lost her husband. She found it most distressing to receive the phone call from a man unknown to her at that hour of night given that the precise nature of the call was not clear and given its negative tone and confrontational style. My constituent was offended by the negative content of the call, which talked down the Bentleigh electorate, an area which she is proud of, as am I.

The Dingley bypass project has commenced after being promised for 11 years by Labor and never being built — a great Labor lie from its time in office. I have delivered $100 million in upgrades to the Frankston line; delivered increased services along the Frankston line; delivered funds to support local manufacturing — and there are lot of industrial businesses in the

Bentleigh electorate; led discussions to bring flood protection to McKinnon residents; and fought for and delivered a new pedestrian refuge crossing on Tucker

Road, Bentleigh East. We also now have automated lights on Centre Road, Bentleigh East, to meet the cultural needs of communities.

Is this the type of alternative leader and alternative government the Victorian public can expect should the opposition be elected in 2014 — an alternative government that throws tantrums if things do not go its way? Are unsolicited phone calls late at night and typical union bovver boy tactics really what Victorians deserve from someone purporting to be the alternative

Premier of this state? This inappropriate behaviour is a form of bullying, and the residents of Bentleigh do not appreciate being dictated to on issues by a person and a party that they are not connected to, that they have never engaged with and that comprehensively ignored them when in government and in opposition until now.

It is one thing to be a telephone tough guy and to throw your toys out of the pram when things do not go your way, but that is a long way from demonstrating that you are capable of making the tough decisions that are

In law and order, as part of the coalition’s plan to recruit 1700 extra front-line police, more police are on the beat today in the Kingston and Glen Eira municipalities. We have protective services officers on the Bentleigh and Ormond railway stations. I fought for, and the community now benefits from, reduced speed limits on Centre Road, Bentleigh. I have taken a zero tolerance approach to graffiti, and the coalition government’s graffiti removal funding has seen graffiti sites in Bentleigh diminish.

In the area of children and early childhood development services I campaigned for the coalition government to invest $300 000 in the renovation of the Kids Time day-care centre in Moorabbin. We have also allocated

$300 000 to expand the McKinnon Kindergarten to cater for the growing number of children in the

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3380

Bentleigh area and the families that are coming to the area.


Victoria’s infrastructure needs for the future means more jobs and prosperity for all Victorian families.

In education I fought hard to secure funds for planning to upgrade Coatesville Primary School, the only

Bayside primary school in the 2013 budget that was delivered funding. I have delivered an upgrade to

McKinnon Primary School, and work is commencing as we speak. Funds have been provided to Bentleigh

West Primary School, and that school is enjoying the benefits of that funding. We have delivered specialist grants to Bentleigh Secondary College for its environmental projects. McKinnon Secondary College is to receive two new two-storey portable classrooms to accommodate the growing number of students who are attending the school.

The member for Brighton and I delivered funding for an upgrade to the Brighton Secondary College, the student population of which is made up of approximately 40 per cent from the Bentleigh electorate. Between 2010 and 2012 Holmesglen institute received a 17 per cent increase in government funding, going from $75 million up to $88 million, which is providing great opportunities for local students, leading to real jobs.

In health, the only co-located breast screening clinic and training facility has been established in Moorabbin.

The coalition has commenced work on the Monash

Children’s hospital, and residents of Bentleigh will soon have access to local, world-class paediatric care.

The coalition halved the Ambulance Victoria membership fees for families and singles. In October

2012 we delivered a refurbished cardiac catheterisation laboratory at Monash Health. We introduced 17.5 per cent winter energy concessions for pensioners. The

Royal Victorian Eye and Ear Hospital development will allow Bentleigh seniors to access a state-of-the-art facility. We have invested over $1 million in refurbishing the mother-baby unit at Monash Health, and that is certainly welcomed by mothers who may suffer from postnatal depression.

In planning, the City of Glen Eira was the first council to adopt the coalition’s new residential planning zones.

The new neighbourhood residential zone will protect the character of our suburbs and will apply to nearly

80 per cent of residential zoned land in Glen Eira. This zoning reform means residents in Bentleigh are protected from inappropriate apartment and unit-style development. This and much more has been achieved in my local community because the coalition government knows that a strong economy built on prudent economic management and investing in

Importantly the coalition not only has a plan for today but has planned for the future. This can be seen in four game-changing projects the Premier is getting on with delivering — namely, the east–west link, the regional rail project, the Melbourne Metro rail capacity project and the port of Hastings development. These projects will stimulate the economy and expand jobs and growth, and residents in Bentleigh will be able to access that. This is certainly a good outcome for young people who are seeking work. This week the coalition’s economic management credentials were further endorsed with the delivery of a $316 million surplus in the 2012–13 budget. Labor has no plans for the future; it is a policy-free zone. Labor members have proven over generations that they cannot manage money. It seems Labor and Daniel Andrews are more interested — —

The DEPUTY SPEAKER — Order! The member will refer to members by their correct titles.

Ms MILLER — The member for Mulgrave is more interested in scare campaigns than delivering positive policies that Victorians need for the future. The Leader of the Opposition has over the journey shown no interest in Bentleigh. As I said earlier, he probably does not know where it is without a Melway and a GPS. If he wants a political football, he can look elsewhere because the people of Bentleigh are smart enough to see through this charade. Locals know he needs a map and a compass to orientate himself around the electorate.

In conclusion, all I can say is that it takes more than being a telephone tough guy to deliver for Victoria and the constituents of Bentleigh. I am working every day with the Premier and my coalition colleagues to ensure that the damage of 11 years of Labor’s neglect is undone and that the projects that will drive our community forward are being delivered. As I have already outlined, I have delivered my election commitments to Bentleigh, and with my parliamentary colleagues I will continue to do so until the next election. I am committed to Bentleigh. Bentleigh is a strong, proactive community, the members of which work together — and I will work shoulder-to-shoulder with them.

As I said, the people of Bentleigh know they deserve more than what they had during the 11 years of the previous government. The Napthine government is delivering for Victorians. The people of Bentleigh have told me in the past and more recently that we are getting on with the job. We are honouring all the

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY commitments I made to my community, but also, and more importantly, the commitments we made to the people of Victoria. They saw the waste and mismanagement that went on. They saw that our hospitals, education services and transport system were all run down. They now see that since we have been in office for just over two years we have turned around the transport system, we are turning around the education system and we have invested more in health care than any other government before us. Victorians are starting to see a very clear and distinct difference.

3381 services across our community. I grieve because the

Napthine government has driven the Victorian health system to a point of crisis. After years of investment by

Labor governments, the Napthine government has systematically torn apart the Victorian health system in just three years. Ordinary Victorians are suffering, but do not take my word for it. Read the headline from yesterday’s media release from the Office of the Public

Advocate. It screams ‘Hospital mental health crisis:

Victorians waiting up to six days in emergency departments’.

The people of Bentleigh do not even know who the

Leader of the Opposition is. They did not know the person calling them who said, ‘Come to a people’s forum’. It is absolutely appalling to think that someone who is unknown would be calling a residence with a fast, aggressive phone call late at night when people are getting ready to go to bed. It was a total insult to the people of Bentleigh. There was no formal communication other than this phone call. The people of Bentleigh know they deserve better. I am told they are very supportive of me as their local member. I will continue to work hard to deliver on all my election commitments, and I will continue to work with my colleagues to deliver for all of Victoria.

As I said, the people of Bentleigh make up a very proactive community. Ours is a very tight community, but more importantly a caring community. We listen to each other and understand and help each other, unlike the opposition mob on the other side. They did not listen to the people of Bentleigh. They did not care about the people of Bentleigh. That is why they are sitting on that side of the house. I am proud to be the member for Bentleigh. I am proud to be a member of the Napthine government, and I am proud to be delivering services that all Victorians rightly deserve.

After today it will be interesting to hear the feedback we get from these people’s forums —


Ms MILLER — It could be a branch meeting too.

There are not going to be too many people available to attend a midday meeting because most people are working.


Mr

Government

NOONAN performance

(Williamstown) — I rise this morning to grieve for all those Victorians who rely upon good governments to provide basic health

Mr Nardella — How long?

Mr NOONAN — Six days. Yesterday’s Office of the Public Advocate’s media release coincided with the tabling of its Community Visitors Annual Report

2012–2013 in this Parliament. It is a very distressing read, and any member on the government benches who has convinced themselves that they care for vulnerable

Victorians ought to walk out of this chamber this morning, go and get a copy of that report and read it. It is distressing.

Let me go through some of the detail. Page 92 of the report details how two patients — not one — spent

160 hours each in an emergency department because they could not get beds. That is more than six days.

Two other patients spent 60 hours each — that is, two and a half days. Another patient spent 16 hours in an emergency department. What is worse is that these examples came from one month, January of this year, so this is happening regularly. That is just one month.

This is a clear demonstration that the Victorian Premier, his Minister for Health, David Davis, the Liberals and

The Nationals have lost control of the Victorian health system.

Page 74 of the report states:

Acute services in the North West Mental Health network are required to discharge two patients every day to ensure those requiring an inpatient stay can be accommodated. At

Dandenong Hospital, the nurse unit managers (NUMs) are expected to achieve weekly quotas of around 12 discharges.

That is unbelievable. On the one hand we are seeing mentally ill patients waiting six days in emergency departments, and on the other hand we have quota systems for nurses to try to move patients on. It is extraordinary stuff. There is no doubt from the Office of the Public Advocate’s point of view that mentally ill patients — seriously unwell people — are being discharged early, even though, as it says in the report, some patients feel suicidal on discharge. This is the

Premier’s health system. This is Victoria,

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3382

… one discharge resulted in a suicide and the other in the murder of a spouse.

ASSEMBLY

Page 75 of the same report makes clear the potential for serious consequences associated with patients being discharged early. The report states:

Wednesday, 16 October 2013 injury after being struck by a car. One patient complained that staff used excessive force during restraint, resulting in severe bruising and a dislocated shoulder. It goes on. Another patient was allegedly dragged by the hair to a secure ward, and yet another patient was left in the high dependency unit at Bendigo

Hospital for 69 days with very limited time on the open ward.

Things are so bad that patients are being shunted from one facility to another. They are being moved across regions. Page 73 shows that serious incidents and assaults are occurring across acute mental health services, which I have got to tell government members have doubled in two years — they have doubled. The number of assaults involving patients hit 39 in the

2012–13 year, which was up from 17 in 2010–11. This is an appalling figure about which the Office of the

Public Advocate has been absolutely forthright in its criticism. It has stated:

Many patients with mental illness are known to be victims of trauma and it is appalling to think that they are further traumatised during their hospitalisation.

This is the Premier’s health system. This is what the people of Bendigo are expected to put up with. This is what is contained in the Office of the Public Advocate’s community visitors report. No wonder the Office of the

Public Advocate has labelled this a crisis. We know that every quarter there are 800 mentally ill people waiting in Victorian emergency departments for longer than 8 hours trying to get treatment but there are simply no beds. This has been labelled a crisis. It is an absolute disgrace.

Can it get any worse? Sadly it does get worse. Take note of this: it is reported that one woman suffered swelling and bruising to her wrists after being shackled at the Sunshine Hospital for 24 hours prior to transfer to the Royal Melbourne Hospital. She was shackled, and in another case a female patient was dragged by the ankles by a nurse at Dandenong Hospital and sustained carpet burns across her shoulders.

Let me move on to another area, and that is the ambulance crisis. What a ghastly mess this has become for the Napthine government. We have an ambulance crisis in this state, yet the government’s only response is to attack paramedics. Hardworking paramedics are being demonised by this Premier and by the Minister for Health. It is gutless and pathetic. Like other members on this side, I am proud to stand shoulder to shoulder with our paramedics and support them. I am proud to stand with them in their time of need as they are being attacked by this gutless Premier. They deserve our respect, not the vitriol they got from the

Minister for Health. These people are our lifesavers.

Then we get to the Loddon Mallee region. The member for Bendigo West is in the house. She is a fantastic advocate for her electorate, and she makes the member for Bentleigh look absolutely hopeless. The member for

Bendigo West does her job. She is out there day in and day out running these sorts of issues in the media and raising public concerns about what she is seeing and hearing from her constituents. The member for Bendigo

West has been put down publicly by the Minister for

Mental Health on a number of occasions, but members should have a look at this report. This report confirms what the member for Bendigo West has been saying for months. These concerns have been raised by the member for Bendigo West, and what follows is a summary of what has happened at Bendigo Health over the last 12 months.

Paramedics are the custodians of community safety, but what we got recently from the health minister were accusations that in some way they were faking photos at Frankston. That is beyond belief. The minister is accusing the paramedics and spinning them by using language such as calling them union militants and

Labor union-backed thugs. He conveniently leaves out the facts, but I will not. I have come to this place with a few facts to put on the table.

More than 170 mentally ill patients have waited in the emergency department at the Bendigo Hospital for longer than 8 hours because there were no beds. In some cases that wait has extended beyond 24 hours. A total of 39 patients have absconded from the acute inpatient unit, including 21 patients between January and June of this year. One of those patients absconded over the fence twice and sustained a very serious head

On the night of 8 July, when footage was shown of the

Frankston Hospital’s emergency department, the department had a capacity to treat

42 patients, but

80 patients were waiting. Let me do the maths for those on the other side who are simple: 80 patients less

42 places leaves 38 patients waiting in the emergency department for care and treatment. That is why the hospital went on bypass that night, but you did not hear that from our mud-slinging minister in the other place or the Premier.

GRIEVANCES


… As a wife of a hardworking paramedic who more often than not comes home late to his family due to being held up handing over patients at Frankston Hospital, I find it incredibly offensive that you are publicly accusing my husband and his work colleagues of lying.

ASSEMBLY

Next day when I arrived at 11.00 a.m. he was still on the trolley in emergency waiting for a bed.

3383

Let me inform the house how long some of the ambulance crews were stuck in the emergency department that night in Frankston. The list is long. The

Baxter crew arrived at 8.20 p.m. and left at 9.20 p.m. — it was ramped for 1 hour. The Frankston crew arrived at

8.35 p.m. and left at 9.35 p.m. — it was also ramped for

1 hour. The Belgrave crew arrived at 7.56 p.m. and left at 9.03 p.m. — it was ramped for 1 hour and 6 minutes.

The Clyde crew arrived at 5.39 p.m. and left at

6.40 p.m — it was ramped for 1 hour and 1 minute. The

Skye crew arrived at 7.38 p.m. and left at 9.25 p.m. — it was ramped for 1 hour and 47 minutes. The

Somerville crew arrived at 7.44 p.m. and left at

9.43 p.m. — it was ramped for 1 hour and 59 minutes.

Now we are starting to get up there. The Rosebud crew arrived at 8.54 p.m. and left at 11.09 p.m. — it was ramped for 2 hours and 15 minutes. The Mornington crew arrived at 8.13 p.m. and left 11.13 p.m. — it was ramped for 3 hours. The MICA 12 crew arrived at

8.01 p.m. and did not leave until 11.30 p.m. — it was ramped for 3 hours and 29 minutes. Finally, the

Karingal crew arrived at 5.17 p.m. and left at

9.38 p.m.— it was ramped for 4 hours and 31 minutes.

The final line states:

Please stick to the facts, support your paramedics and do the job you were elected to do — to support Victoria’s health services.

That is her letter, not mine. She is appealing to the health minister to do his job. The minister’s decision to declare war on paramedics and their families is just stupid because people respect our paramedics. They value highly their lifesaving work. It is also stupid because these problems are real; they are happening every day. On the day the Minister for Health launched his attacks on paramedics over what he claimed to be fake photos, Steve McGhie, the head of the ambulance union, said there were ramping problems at the

Geelong Hospital. The minister came out swinging saying there were no ramping problems at Geelong

Hospital. Apparently, it was all fake.

Who do we believe: the government or the paramedics?

We do not need to rely on either, because if we go to yesterday’s Geelong Advertiser we find a letter to the editor headed ‘Napthine claims make blood boil’. It states:

Ten crews were ramped for a total of more than

25 hours on the night in question, and yet the minister says the paramedics were faking it. No wonder some of the patients were asleep on their stretchers; they were there for hours and hours. But they were not there according to the Minister for Health. According to him these patients and paramedics were just the props of the ambulance union, and that is just offensive.

A week ago my husband suffered severe chest pains.

Ambulance arrived, the paramedics checked him and took him to Geelong Hospital emergency.

I followed in my car and, while I was sitting in the waiting room, I could see him on the trolley with the ambulance attendants waiting in the passage for an empty cubicle.

After half an hour he was wheeled in and immediately attended.

Again, members should not just take my word for it. I have a letter from Leanne Carr addressed to the

Minister for Health that was published in the

Mornington Peninsula Leader of 15 October. The letter states:

A cardiologist was consulted and it was decided to shift him to the cardiac ward for further treatment.

He had arrived at emergency at 8.30 p.m. on Thursday and I sat with him until l.00 a.m.

We waited and waited, and finally, at 3.30 p.m., he had a bed.

…

If you are in emergency, you are not well and that kind of stress is not needed.

My husband misses his children’s birthdays, Christmas and

Easter celebrations and in return you are on the television criticising him.

That same day I heard our state Premier, Denis Napthine, state the ambos had staged some video display to show the problems they encounter and he also head (sic) Geelong

Hospital emergency was overloaded, stating this was not true.

…

He reassures patients on ambulance stretchers for hours as they wait to be allocated a bed in the emergency department, and in return you are on television criticising him.

This made my blood boil to hear him publicly state this when he was not there to witness what goes on.

I was there for almost 5 hours and saw how crowded and busy it was.

GRIEVANCES

3384

I challenge, no I dare, Dr Napthine and health minister David

Davis to come and lie on this narrow trolley for 10 to

18 hours and see how they feel.

Don’t come with reporters and camera crews when you sweep through for show.

ASSEMBLY Wednesday, 16 October 2013 across the Divide to Melbourne. It would be no surprise to members that when there is a drought in Melbourne there is also a drought in northern Victoria and it does not have water to spare.

I even offer to sit beside you for this experience.

Our great country is turning into a Third World state where health is concerned.

We have the very fruitful Goulburn Valley — our food bowl. Proposing to steal water from the food bowl and bring it across the Divide to the city was an outright fraud on the people of — —

Shame, shame, shame.

Ms Duncan interjected.

That comes from Stase Lipsys of Bell Park. She knows, as the paramedic’s wife knows, what a distressing state we in Victoria are in with our hospital and health system. This is the Premier’s hospital and health system. He stands condemned, as does every member on the government benches.

The ACTING SPEAKER

The member for Macedon!

( Ms Ryall ) — Order!

Former

Ms government

McLEISH water projects infrastructure

(Seymour) — I join the grievance debate this morning to grieve for Victorians who continue to suffer under the legacies left by the Labor government, and let me tell you, Acting Speaker, there are many. The Labor government failed in many areas, including failing to plan for future growth and changing demographics in health and transport. We heard the member for Williamstown bang on about some issues.

Had there been adequate planning and investment in emergency departments and hospitals perhaps the situation would be quite different. The coalition government is investing in these areas to rectify the problems that many people are suffering as a result of

11 years of a Labor government which had a lack of vision and which provided a knee-jerk reaction in many areas. We have seen Victoria get to a stage where these things need to be fixed, and we are well on the path to fixing them and building a vision for the future including building new hospitals and beds in emergency departments across the state. In prisons, another 500 beds will be coming on very quickly, earlier than anticipated. We are also providing for infrastructure in education.

Ms McLEISH — The coalition government has a minister who understands water and agriculture, and the two work very well together. He knows that you cannot rob from the food bowl that we rely so heavily on. I know that many people in Victoria and in this house take pride in our Australian-grown, Victorian-grown local produce. When the Goulburn Valley is threatened because of lack of water in times of drought because of the north–south pipeline, many of our agricultural and horticultural industries are undermined. People in the

Goulburn Valley area are already subject to the pressures of competition, with overseas imports presenting a threat to our home-grown produce.

Farmers are battling varying weather conditions already and are doing it tough. To take away that precious supply of water in times of drought when things are already tight was an absolute sacrilege.

I also want to talk about the legacy of the desalination plant and what it has meant to Melbourne water customers, whose bills have risen astronomically. We have a desal plant that is way too big. The cost was way too high — $2 million a year for 28 years was absolutely outrageous. Not only was the size and the cost outrageous but the labour costs — —

Ms Thomson — Acting Speaker, I direct your attention to the state of the house.

Quorum formed.

All we heard from the Deputy Leader of the Opposition was a scare campaign. We heard no positive policy. In fact the only policy he really talked about was the additional public holiday, which is estimated to cost

Victorians up to $1.6 billion. If that is as good as it gets, it is a very sad state for the opposition to be in. I want to begin with Labor’s legacy in relation to the lack of planning and bad decision making around water. The north–south pipeline is a $750 million white elephant going across the Great Dividing Range. We had the notion that water would be transported in times of need

Ms McLEISH — As I was saying, not only were the size and the cost of the desalination plant outrageous but the project set the costs of construction at an unbelievably high rate. Having to negotiate with the unions and let them run the project and set the price blew the cost of the project out of the water, almost pricing Victoria out of the construction market.

In addition to the things I have already mentioned, when we came to government there was a threat of legal action with $1.3 billion in outstanding legal

GRIEVANCES

Wednesday, 16 October 2013 ASSEMBLY claims. I really think we should be celebrating the work of our Minister for Water. Only yesterday he worked to reach an agreement with AquaSure to refinance the project early, bringing about significant savings which will be passed onto Melbourne water customers. We have seen their water bills rise astronomically as a result of poor water management and a lack of planning around infrastructure by the former government. This government has been able to address those issues, and I commend the Minister for Water for his exceptionally good work in this area, because this also means that the legal costs we may have incurred because of those claims have been avoided. The strong leadership and management shown by the minister shows that he not only gets water and agriculture but he also gets finance and project management.

Traffic congestion

Ms McLEISH — I also grieve for the families, the mums and dads and the tradies who sit every day on the

Eastern Freeway when they hit the Hoddle Street block.

That traffic congestion problem went unaddressed for a long time. We have seen the film clip of the Leader of the Opposition speaking at the Melbourne Press Club and admitting that there was a failure under his watch to build the infrastructure needed. He has admitted that. I grieve for all those who are suffering still because there is so much to be done and to catch up on.

Ms

Bushfire

McLEISH preparedness

— I also grieve for those in my electorate who are subject to scare campaigns by the opposition in regard to firefighting and the state’s fire readiness. The final report of the bushfires royal commission implementation monitor, Neil Comrie, confirms that on page 67. It states:

3385 providing 120 more seats. The Seymour line and the people it services had been neglected terribly by the former government. We have fixed the problems with ballast and mud holes and we have replaced sleepers.

We have arranged for dedicated periods of work during school holidays. Dedicating time in these quieter periods for this work has allowed much more to be done at a much quicker pace. You would see that too,

Acting Speaker, with the work that has been done with grade separations in your electorate.

When you manage these projects in such a way and get the best out of the workforce, you save time and money. We have seen that with the regional rail link. It was not on track under the former government, but we have changed the way it is managed. The minister is actively involved because he knows how to manage projects and keep costs in check. The regional rail link is now on budget, and it is looking very good in terms of time.

There is clear evidence that Victoria is now substantially better prepared on a regular basis to respond to bushfire risk than at the time of Black Saturday.

One of the ways we as a government are going forward positively to address this is through the east–west link. We know the east–west link is well supported. It is supported by industry bodies, unions and obviously by us. It is also supported by some members of the opposition. I think it is supported by about two-thirds of the residents of Frankston as well, which was particularly pleasing to learn because this piece of infrastructure and major investment is important to the future of not only Melbourne but also regional Victoria through providing easy access to and from the airport and the fruit and vegetable markets, as well as being a second crossing across town. The

Minister for Roads, who is also the Minister for Public

Transport, knows how to manage projects. I commend him on the work he has done.

This government can undertake more than one project at the same time. It sounds like we are a team of women who can do many things at once, but we do have men on the government side. We can build the east–west link and, as I have said, we can also make major investments in health, jails and public transport. I had a look at the investment we have made in the Seymour line. We have added two carriages to a couple of peak services in the morning and afternoon, thereby

The way members of the opposition are carrying on and scaring communities, you would think we have gone backwards rather than a long way forward in this area.

The average total yearly spend on the Country Fire

Authority (CFA) and the Metropolitan Fire Brigade

(MFB) in the last nine years of the Labor government was $492 million. In the first two years of the coalition government the average yearly spend on the CFA and

MFB was $780 million — 58 per cent higher than it was under Labor. The coalition has invested in 250 new or upgraded CFA stations and has fast-tracked the rollout of 101 new firefighting vehicles over 12 months, with over $65 million allocated to this in the 2011–12 budget. We have continued to deliver on our commitment for new and upgraded stations and equipment. We have committed $8.6 million for

166 grants under the volunteer emergency services equipment program in 2012–13. This year I have again been able to announce some fabulous upgrades in my area.

STATEMENTS ON REPORTS

3386

Mr Madden — Acting Speaker, I draw your attention to the state of the house.

Quorum formed.

Ms McLEISH — In addition, a $109 million world-class MFB training facility in Craigieburn is under way. I also alert the house to the firefighting capability that is being delivered through the use of helicopters. Last year we had a Firebird 327, which has a 1200-litre tank, operating for 112 days and attending some 20 fires. This great piece of infrastructure provided considerable capability and was based at

Healesville. I am pleased to say that this year a

Helitack 334 will be based at Healesville. It has a

1350-litre tank, so it has a greater capacity to fight fires.

The people who were impacted by the Black Saturday fires will certainly welcome the security provided by this equipment. People have suffered long enough through the legacies of poor planning by the Labor government, and it is pleasing that our government is putting Victoria on the right track.

ASSEMBLY Wednesday, 16 October 2013 social isolation. All these factors add up to being not only barriers to interaction with the justice system but also the cause of people coming into contact with the justice system. Throughout the inquiry the committee heard that it is quite critical that people working in the justice system be sensitive to the particular needs of people with these types of impairment. The committee heard that people with intellectual disability or cognitive impairment are often dependent upon others for daily care and to complete daily activities. This is difficult for many people, given that they generally have reduced access to education and are socially isolated, with many also being dependent upon social welfare as their primary source of income.

Question with

STATEMENTS

Law

Mr an agreed

NEWTON-BROWN speak on the Law Reform Committee’s report on its inquiry into access to and interaction with the justice system by people with an intellectual disability and their families and carers. The report was tabled in

March, but this is the first opportunity I have had to speak on it. to.

Reform interaction with

ON REPORTS

Committee: the intellectual and justice disability carers access system and to by their and

(Prahran) — I rise to people families

Evidence suggests that services and support can assist people with intellectual disability or cognitive impairment to live productive and happy lives within the community; however, in some cases these services are inadequate, and people with intellectual disability or cognitive impairment are more likely to experience social disadvantage, which may increase their risk of coming into contact with the justice system. When they do come into contact with the justice system, people with these sorts of impairments can find it difficult to understand questions posed to them by police or judicial officers. They can also find it difficult to follow legal processes in a courtroom setting and to afford legal representation due to their being reliant upon social welfare. The committee also heard that people working in the justice system often fail to identify that somebody has an intellectual disability or cognitive impairment, and for this reason many people who perhaps should be getting more support miss out altogether. All these factors combine to make it very challenging for a person with an intellectual disability or cognitive impairment to move through the justice system.

The report makes a number of recommendations, which include measures to maintain and promote the rights of people with an intellectual disability and people with cognitive impairment. The committee was asked to consider the access to and interactions with the justice system had by people with intellectual disability or cognitive impairment. The committee recognised that the police service, the courts and the legal profession all play an important role and can all help to safeguard the rights of people with these impairments.

The committee found that, compared to people without disabilities, people with intellectual disability and cognitive impairment are more likely to experience barriers and disadvantage and that therefore it is important that the police, the courts and the legal profession all be aware of the needs of people with these sorts of impairments and be skilled to deal with the particular issues these people confront.

By way of example, common life experiences of people with intellectual disability or cognitive impairment include limited education and training opportunities and increased dependence upon others to complete daily activities. These people can also face issues of severe

In conclusion, the committee’s report makes

47 recommendations, and the government delivered its response on 5 September. I am pleased to report that almost every recommendation made by the committee has been supported by the government, and the government is giving further consideration to the few that were not supported, which certainly bodes well for future improvements in this space.



Outer Suburban/Interface

Development Committee:

Services growing the and in my electorate is becoming one of these socially date, the only trace of the Caroline Springs railway unkempt scrubland, so it came as quite a surprise to suburbs

Ms KAIROUZ (Kororoit) — I rise to speak on the

Outer Suburban/Interface Services and Development

Committee’s inquiry into growing the suburbs and in particular its report entitled Inquiry on Growing the

Suburbs — Infrastructure and Business Development in Outer Suburban Melbourne . I will focus my contribution on the transport infrastructure component of the report and place on the record my concern about the way in which the report was compiled and adopted.

I point members to the minority report contained within the report for a summary of the failings of the committee in this process.

Outer suburban and interface council areas in Victoria are some of the fastest growing in the nation, with massive projected increases in population and development. As a state our responsibility is to properly fund and build infrastructure for these rapidly growing communities by building schools, hospitals, roads and public transport. We need to properly link outer suburban growth areas with our developing suburban network of infrastructure. As we grow as a state, we cannot leave behind our new suburbs and create communities disconnected from the rest of Melbourne.

This government has completely dropped the ball on public transport and risks large sections of Victoria’s population becoming socially isolated and without basic infrastructure for their families and communities.

I take this opportunity specifically to dwell upon the growth areas of the western suburbs, particularly the area within the city of Melton, which I represent as the member for Kororoit. The suburb of Caroline Springs isolated communities disconnected from the transport network of metropolitan Melbourne. We have all heard the story of Caroline Springs railway station — I have raised the issue dozens of times in this Parliament — yet the residents of Caroline Springs remain without a railway station. Although it was promised and funded and construction was under way under the previous

Labor government, one of the first edicts issued by the incoming Liberal government and the Minister for

Public Transport himself was to halt the project and wipe all traces of its existence from the Department of

Transport’s website.

Three years on from the original expected completion station is the famous road to nowhere, which leads to find that the back cover of the report shows a map of the network development plan for our metropolitan train network that includes a Caroline Springs railway station. The mothballed Doncaster rail link, promised by the Napthine government at the last election and shelved for the east–west tunnel, also appears on the map.

What else is on that map? There is the Melbourne

Metro rail tunnel, prioritised by Infrastructure Australia only to be put on the backburner by this government, the members of which have put all their eggs in the one project — east–west link — without a proper business case and backed up by dodgy modelling. These projects are decades away. Can we assume that the Caroline

Springs railway station is also decades away? Is this the government’s plan? Is this the level of contempt in which government members hold voters in the western suburbs? I will continue to fight for Caroline Springs, for the Caroline Springs railway station and for improved transport integration for the growth suburbs in my electorate.

Once again I call on the government to finish the

Caroline Springs railway station. It is time to deliver for the residents in Melbourne’s growing western suburbs.

It is time to get real when it comes to transport infrastructure in Victoria, and it is time to build the

Caroline Springs railway station.

Rural safety

Mr and Regional regulation

WELLER on

Committee: farm and

Honourable members interjecting. impact other and the member for Ballarat East. They are all of

— Members of the Rural and food businesses

Mr WELLER (Rodney) — I rise to speak on the government’s response to the Rural and Regional

Committee’s report on its inquiry into the impact of food safety regulation on farm and other businesses.

The inquiry into food safety regulation came about as part of this government’s election commitment to reduce red tape. When this government came to office it asked the Rural and Regional Committee — —

Regional Committee are in the chamber, including the member for South Barwon, the member for Geelong esteemed members of the committee that carried out the inquiry. We went right across Victoria. We went to places like Warrnambool, Lakes Entrance and Bendigo.

We went right around the state. We are pleased to say that the government has responded positively to the committee’s recommendations and has supported nearly all of them. The government shared the view that we need to reduce the food safety regulatory burden on

Victorian businesses without increasing the risk to


3388 public health and safety or to the reputation of

Victoria’s food industry.

There is a need for ongoing improvement in regulatory practices to ensure that we maintain the competitiveness of the Victorian business environment.

Businesses need clear messages from regulators on how they can best comply with the regulatory requirements and how to improve their overall management of food safety and risk. In travelling to various parts of the state the committee found that there are often regulations where there is not a big risk, particularly in the fishing industry. One of our recommendations related to wild catch fishing. There were regulations in that area but there is not a need for them. We were pleased to see the government respond positively to that recommendation.

ASSEMBLY Wednesday, 16 October 2013 them to pay for someone to travel from Melbourne and stay overnight and would be a lot less of a cost burden.

The auditor would be able to do the job a lot more efficiently and with less of a cost burden to the company. The committee is pleased that the government has accepted that recommendation.

The government also says it will:

Consult with the seafood industry to ascertain demand for further guidance and support in relation to food safety compliance.

I am pleased we have a government that will listen to and consult with industry on how we can improve.

The government also proposes to:


Work with the private sector to encourage a reduction in compliance burden associated with meeting commercial quality assurance requirements.

Mr WELLER — I know it is wrong to take up interjections.

The ACTING SPEAKER

Indeed, it is wrong.

( Ms Ryall ) — Order!

The government is committed and very pleased to be working with industry to improve food safety and reduce the cost burden of doing business here in

Victoria.

Mr WELLER — I will go on to say that the government’s response was to amend the Seafood

Safety Act 2003 to allow a more risk-based approach to the regulation of low-risk seafood categories. The government has responded. I think it is very good that we on this side of the house came to government with a commitment to reduce red tape. We had an esteemed committee investigate the issue and come up with recommendations, and now the government is responding positively by saying it is going to look at how we address the problems identified by the committee.

The government is also going to review the Minister for

Agriculture and Food Security’s statements of expectation to the regulator to ensure that fee structures, enforcement policies and compliance mechanisms are appropriate, proportionate and transparent, regardless of the size of the sector. We have found that regulation is a very prohibitive cost burden to some of those smaller sectors. An example of such a sector is the yabby industry. It is not a big industry, but the cost burden of regulation is very prohibitive on the yabby industry.

The government’s response says it is going to:

Investigate opportunities to increase the availability of auditors and, where possible, reduce the frequency of audits required.

Outer

Ms

Suburban/Interface

Development

GRALEY outer

Committee: suburban

Services livability options

Melbourne again my thanks for the hard work of all the and

(Narre Warren South) — It is a and Development Committee entitled Inquiry into in pleasure today to speak on the penultimate report from the now disbanded Outer Suburban/Interface Services

Livability Options in Outer Suburban Melbourne . As former deputy chair of that committee, I put on record committee’s members from both sides of the house. I urge the government to take up some of the findings and recommendations that are in the reports tabled by this committee even though the committee has been disbanded. I ask the government not to simply put these reports on the shelf but to take action on them.

I take this opportunity to speak on chapter 5 of the report, entitled ‘Community cohesion’, and specifically section 5.5.4, ‘Arts culture’, because this is an area about which I feel strongly. I know it is an area in which something needs to be done. Both sides of

Parliament have made a series of recommendations that reflect my concerns, the committee’s concerns and the need for immediate action. I point members to recommendations 5.8 and 5.9 specifically.

When the committee was in Wangaratta it received evidence that if businesses were able to use auditors who lived in the area, being audited would not require

Let me set the scene. The report provides evidence that indicates that large numbers of young people in the outer suburbs do not perceive there to be adequate


Wednesday, 16 October 2013 opportunities to get involved in the arts. In fact the opportunity to participate in arts locally is significantly lower in many interface councils than is the case for greater Melbourne. The interface councils’ submission stated that cultural centres and performing arts facilities were desperately needed in the outer suburbs.

The chair of the committee was aghast when it was related at one of the public hearings that there is no

ASSEMBLY public art gallery in the city of Casey. Earlier this year I attended the Berwick Artists Society arts fest. I am proud to be patron of that organisation. It was a terrific night. There was lots of art on display. The artists were delighted with the evening, and they were justly proud of their work. It happened at the Akoonah Park showgrounds in Berwick. It is a nice facility and was dressed up wonderfully, but it is not an art gallery. The artists, who are of a high calibre, deserve recognition and to be able to show their artwork in a purpose-built facility.

Public Accounts budget and estimates

Estimates

2013–14

3389

Committee:

(part 2)

Mr MORRIS (Mornington) — I am pleased to rise this afternoon to speak about the Public Accounts and

Estimates Committee Report on the 2013–14 Budget

Estimates — Part Two , which I had the privilege of tabling in the house this morning. This report completes the estimates process. I think the Victorian budget papers are of an exceptionally high standard. I am familiar with most budget papers around the country, and I think ours are undoubtedly the best presentation of a state budget in Australia. They are certainly the most informative, particularly in terms of issues of interest to parliamentarians. I also note that I think the

Victorian process — a combination of informative budget papers and public hearings prior to the consideration of the estimates bills — provides the greatest opportunity to explore any issues of interest or concern in detail.

I am fully behind the campaign to make sure that the

City of Casey includes a quality art gallery space as part of its future civic precinct. I know the Minister for

Local Government, the member for Shepparton, who has appeared in the house, was out in Casey just last week and was, I think, briefed on its project. I think most people are very interested to hear what the government thinks about it and hope it will contribute financially to what is a very large undertaking by the

City of Casey. It is also a very worthwhile project. As our report shows, there was some work done by

Dr Kevin Johnson in 2009 indicating that:

Frequently in other jurisdictions the process is not the estimates process as we conduct it. It tends to be in the way of what we would call the consideration-in-detail stage of a bill; it takes the place of the consideration-in-detail stage. Frequently, for example, the Senate’s estimates hearings or, under the Campbell

Newman government in Queensland, portfolio committees deal with aspects of the budget.

… inner metropolitan councils spend almost twice as much per head of population on arts and culture than outer metropolitan councils … However, there is substantial evidence that art and culture has a positive impact on a number of wellbeing indicators, and therefore on livability.

High levels of interest in the arts and relatively low levels of arts expenditure indicate that there is a need for greater investment in artistic and cultural pursuits in the outer suburbs of Melbourne.

The way we do it in Victoria, of course, allows the full

Public Accounts and Estimates Committee to be involved across the full range of hearings and to get across not only a particular subject in detail but to have an appreciation of the totality of the situation of the budget and consequently provide a comprehensive overview back to the Parliament. It is a comprehensive process. It is not just the hearings. Questionnaires were sent to all departments in March. We seek a range of information, including strategic priorities, the basis on which the budget was prepared, new initiatives and efficiencies — a whole range of information, as I said. I am sure sometimes the departments wish we would go away, but it is an important aspect of the budget process.

My request is that the government takes the findings and the recommendations of this report, which, as I said and would like to emphasise, both sides of the house supported, and that it thinks seriously about what is happening in the city of Casey in terms of the lack of arts and culture facilities — and this is mirrored all the way along the outer suburbs of Melbourne, and I am sure other councils would like to make a pitch to ministers in the government as well — and about providing a funding commitment for a new arts and cultural precinct in the city of Casey. The people of the outer suburbs and of the south-east deserve nothing less than to have what the rest of Melbourne has. We do not want two Melbournes; we want one.

In total this year there were some 50 hearings which lasted over 53 hours. Ministers almost invariably produce a PowerPoint presentation; one or two do not.

All of that information is available on the committee’s website immediately, as is the transcript as soon as it is verified, so members and particularly shadow ministers have access to a plethora of information in a far more timely manner than might otherwise be the case.


3390 ASSEMBLY

I thank the presiding officers, the Premier, the Deputy

Premier, the Treasurer, the Assistant Treasurer, the

Attorney-General, all ministers, all departmental secretaries and many agency heads and support staff.

This process requires the assistance and the cooperation of the Victorian government and most senior members of the Victorian public service. The process could not succeed without them and their cooperation, so I do thank them for it.


A very well-publicised case has recently appeared in both the Herald Sun and online. A lot of feedback has been received in relation to the case of Dr Mark Hobart, who exercised his conscience by failing to refer a woman with a 19-week-old female pregnancy for an abortion. He has been called before the Australian

Health Practitioners Regulation Agency (AHPRA).

Today I want to outline a case of yet another doctor who has been hauled before AHPRA, a case which also goes to the heart of the matter in SARC’s review of the

Charter of Human Rights and Responsibilities Act

2006.

The report contains 132 findings and

42 recommendations. As I noted earlier, the budget papers are of a high standard and support the information very well, but the committee is of the view that additional information, if made available, would raise that standard even further. Most of our recommendations are around areas that could identify further opportunities for information and raise the standard, as I said, even further. There are some key defining themes in the report. The report itself covers a range of matters, particularly around the obvious things — revenue, debt, commonwealth funding, infrastructure and so on. Comprehensive information is presented.

Section 48 of the charter makes it extremely difficult for doctors in this state who have a conscientious objection to referring every single person who comes to them who wants to end their pregnancy — no matter what stage — to a known abortion provider. I want to put a new case before the house today, and that is the case of Dr K. He is a 32-year-old general practitioner who practises in two busy suburban practices in

Melbourne, one of which is in your electorate of

Mitcham, Acting Speaker.

In conclusion I thank not only my colleagues on the committee — it is a committee that works pretty well — but all members of Parliament who have been involved in the estimates process. Amongst the parliamentary staff, particularly the clerks, the committee staff — Valerie Cheong and her team — the attendants and the Hansard staff all make a significant contribution to the process. I think it adds value to the parliamentary process, and I commend the report to the house.

I wish to highlight the fact that in 2011 Dr K participated in an online conversation about abortion on the social media site Facebook during which he stated that he was opposed to it and did not refer patients.

There were four or five other participants in the conversation. A few weeks later Dr K received a letter from the Australian Health Practitioner Regulation

Agency which stated that the medical board was investigating him over his professional conduct after he was reported by one of the other Facebook correspondents.

Scrutiny review

Ms of of

Acts

CAMPBELL and

Charter

Regulations of Human

Responsibilities Act

Committee:

Rights

2006 and on the Scrutiny of Acts and Regulations Committee

Responsibilities Act 2006, which was tabled in this freedom of thought, conscience and religion, which those who gave evidence to the committee, to the

(Pascoe Vale) — I rise to speak

(SARC) review of the Charter of Human Rights and house in September 2011. We are still waiting for the full government response to that report. I particularly want to go to the section in relation to the International

Covenant for Civil and Political Rights and the right to begins on page 27. Reference was made in that report and in a number of written submissions, as well as by importance of the right to freedom of thought, conscience and religion. There were also concerns in relation to section 48 of the charter, which limits those rights, particularly in relation to abortion law.

Dr K stated:

There followed a 14-month investigation which was time consuming and stressful for me, and during which I was repeatedly taken away from my clinical duties to attend meetings with my lawyer and medical defence organisation.

In January 2013 I endured a 70-minute face-to-face interrogation by the medical board. I was questioned by three members of the board, and though my lawyer was present he was not permitted to speak on my behalf or advise me during the hearing. My lawyer, who has assisted many doctors with the medical board, remarked to me afterwards that my hearing had ‘set a new record’ for duration, being more than twice the normal duration of hearings.

The SARC review of the Victorian Charter of Human

Rights and Responsibilities Act 2006 highlights the importance of the government examining this issue and coming back to the Parliament with a response.



Dr K went on to state:

I am dismayed that I could be treated like this on account of remarks made in private conversation, and when no patient has ever complained to the board about the way I have treated them. If a patient tells me they want an abortion, I politely explain that I cannot assist them because of my personal views, and advise that they must seek out a different doctor.

This has happened quite a number of times over the years I have been in practice, and it has not led to any problems or complaints. Patients have always found their way to someone willing to help them with their requests.

ASSEMBLY 3391

This in and of itself precludes the resubmission of the third reading of the bill. This motion to suspend standing orders is seeking to allow precisely that.

There are two procedural items that I believe the house may wish to consider in this. The first procedural question is: is the house able to suspend its own standing orders? I base this on the considerable debate in this house on 1 June 2011 when we debated a similar issue. The answer I believe is yes, the house does have the capacity to suspend its own standing orders.

Those colleagues to whom I have disclosed my experience have all been shocked at the way I was ‘hauled in’ by the board and disciplined. I now have to live with the constant anxiety that the next female patient I see will request an abortion, and the possibility that this may trigger yet another investigation by the board. With a wife and infant son to support I cannot afford to be suspended from practice. The clinics for which I work and the hundreds of patients who I look after will be put in a very difficult situation if I am not able to practise.

I draw the house’s attention to section 48 of the charter and section 8 of the Abortion Law Reform Act 2008.

We have on many occasions suspended standing orders to allow various speakers who are not members of the

Legislative Assembly to come into this chamber to speak. That is one such example. The suspension of standing orders has also occurred in other circumstances. For example, on 10 August 2010 the member for Mulgrave, now the Leader of the

Opposition, moved to suspend standing orders in the

Legislative Assembly. This can be found on page 3032 of Hansard . On that day the member for Mulgrave moved:


Standing orders



That so much of standing orders be suspended to allow the matter of public importance due on Wednesday, 11 August

2010, to be omitted from the order of business on that day and … the matters of public importance due to be proposed … be proposed by the opposition.

That so much of standing orders be suspended so as to allow the third reading of the Courts Legislation Amendment

(Judicial Officers) Bill 2013 to be resubmitted immediately.

The Leader of the Opposition has moved for a suspension of standing orders in the past.

I remind the house of the setting for this motion to suspend standing orders. On Thursday, 19 September, the house passed the Courts Legislation Amendment

(Judicial Officers) Bill 2013 but the third reading of the bill did not obtain an absolute majority. Given the bill had a section 85 statement with an alteration or variation to the constitution, the bill required an absolute majority in order to be passed. The bill passed but did not receive an absolute majority.

Likewise, those of us who were in Parliament on

14 May 2002 might remember that Ms Delahunty, the then Minister for Planning, moved a suspension of standing orders to allow for the motion for the second reading of the Building (Further Amendment) Bill 2002 to be moved again so that an error might be rectified.

The motion was moved with the support of the opposition by leave. Similarly, Greg Taylor indicates in the Constitution of Victoria that the house can suspend standing orders. Erskine May also makes it very clear that the house can suspend standing orders.

Overlaying the context of the events of Thursday,

19 September, are the following points. Firstly, the government cannot obtain an absolute majority on its own due to the current composition of this house. The government needs the support of the Independent member for Frankston and the opposition in order for it to obtain an absolute majority. I probably do not need to remind members of the house that Thursday,

19 September, was what I would term a ‘difficult’ day.

A number of members of Parliament were ill, and it was also an eventful day, if I could use that particular word. Secondly, under the standing orders we have a same question rule, which is standing order 152(1).

The second procedural question to consider is: is there a precedent for resubmitting a question? The answer is yes, there is. One need look no further than what happened in the Legislative Council on 4 May 2004.

The Labor Party was in government at the time. The

Road Management Bill 2004 did not obtain an absolute majority in the upper house so the bill was put again on

5 May 2004. I put it to the house that in the upper house of the Victorian Parliament there is a precedent for a bill to be put again so that an absolute majority might be obtained where a bill has passed but an absolute


3392 ASSEMBLY Wednesday, 16 October 2013 majority was not obtained. This was the case on 4 and

5 May 2004.

On a broader scale, on 12 August 2010 Mr Viney, a member for Eastern Victoria Region in the Legislative

Council, moved to negative the second reading of a bill.

I acknowledge that the context for this was the Dispute

Resolution Committee. However, when the Labor Party was in power it set a precedent in the upper house to suspend standing orders. I therefore submit to the house that it is in order for the house to suspend standing orders and resubmit the third reading of the Courts

Legislation Amendment (Judicial Officers) Bill 2013.

Ms ALLAN happen.

(Bendigo East) — In rising to commence the opposition’s response to the motion that has been moved by the Leader of the House, I wish to acknowledge the willingness of the Leader of the

House to work constructively on achieving the desired outcome of the government, which is of course the recommittal of the Courts Legislation Amendment

(Judicial Officers) Bill 2013 and to put in place the appropriate parliamentary procedures to ensure that that

Whether this is on issues around going into the consideration-in-detail stage of bills or whether it is on the structure of the program, we are always up for discussion and willing to work through the issues.

What happened on Thursday of the last sitting week —

19 September — was that the government did not approach the opposition until 5 minutes to midnight: the absolute 11th hour. The government thought, ‘Oh dear, we need an absolute majority’; ‘Oh dear, we cannot achieve that in our own right’; and ‘Oh gosh, we had better ask the opposition at the last minute if it will help us out’. That is no way to run a program and it is no way to run legislation through the floor of this

Parliament. As it transpired, there was a lot going on at that time, because our leader had been quite unfairly suspended from this place for three days, and there was a lot of activity going on outside of this chamber that led to the position that the opposition was not able to provide the government with the statutory majority required. Quite simply, this was because we were not given any notice or the courtesy of some discussion about this issue well in advance of it arising on the floor of chamber.

However, we cannot let this process pass without some comment on how we have come to this point. It is interesting to note that the Leader of the House has finally given voice to the reality that the government has been trying to deny for nearly three years now, which is that it needs to work with the opposition to get some of these issues through the Parliament. For three years the government has behaved like it has a majority of 22, rather than the situation it finds itself in now, because it is a minority government. By definition, being a minority government, not only does it not have the numbers in its own right to pass legislation with a simple majority, it does not have the numbers to be able to achieve an absolute majority of this chamber. It needs the support of the opposition; it needs the support of other members of the Parliament.

I was very pleased to hear the Leader of the House acknowledge that the government cannot get an absolute majority in its own right and that it needs the support of the member for Frankston. I am not going to go any further on the issues around the member for

Frankston; there has been enough said on that, and there will be more said, I am sure. I want to focus on the admission by the Leader of the House that the government needs opposition support to achieve an absolute majority. It gives me some comfort that this has finally dawned on the government, and I live in hope this might lead to some further opportunities for the government to reach out across the chamber and to work with the opposition on its legislative program.

That is why we are in this situation today. The government has had to move this notice of motion and use valuable debating time that would otherwise be spent on the five bills we have before us. There is also a whole bunch of second-reading speeches that are going to take up a fair bit of the rest of today. In terms of the legislative program, we are going to have scant opportunity over the course of the rest of this sitting week to debate some of these bills. This is a situation of the government’s own making.

The Leader of the House gave us a bit of a history lesson, but of course she neglected to remind the house of the events of 2011 when the government failed to pass the Equal Opportunity Amendment Bill 2011, a bill that was winding back equal opportunity rights and legislation in this state. The government failed to achieve the passage of that bill through the Parliament because the Minister for Community Services decided to sit in her office and ignore the ringing of the division bells at 4 o’clock on the Thursday. The government subsequently had to move to suspend the standing orders on that occasion as well. Let us hope the government has learnt from these experiences. It has taken three years to get to the point where this revelation has been given voice, so let us hope we can work more cooperatively into the future.

Debate interrupted.



The ACTING SPEAKER ( Ms Ryall ) — Order! I would like to acknowledge a member of the Turkish

Parliament, Mr A. Levent Tüzel, who is visiting the

Parliament today.

Debate

DISTINGUISHED

BUSINESS resumed.

OF

Standing

VISITORS

THE HOUSE orders

Mr CLARK (Attorney-General) — I appreciate what I take to be the opposition’s willingness to support this motion and to support the provision of an absolute majority for the Courts Legislation Amendment

(Judicial Officers) Bill 2013. I do not wish to canvass the issues at length. The Leader of the House has very comprehensively set out a number of the

Victorian-based precedents. I can mention also that a similar practice to provide for the recommittal of bills in the commonwealth Parliament was also adopted during the term of the Labor government. Mr Albanese, the then Leader of the House in the House of

Representatives, put forward the reasons for that very well. So there is established precedent.

Just to put the matter beyond doubt, motions, such as today’s, to suspend standing orders, such as today’s, are intended to deal with very limited and unusual circumstances where there is some form of accident, misadventure or otherwise miscarriage of what was likely to be the true will of the house in the relevant situation. They are certainly not intended to apply in situations where a member or members deliberately or consciously vote in a particular way or absent themselves from a vote in a particular way, but where there is some misunderstanding or misadventure which means that the will of the house is not properly reflected in the vote. For the reasons given by the member for Bendigo East in her remarks, it is clear that this is what happened on this occasion in the circumstances of the relevant afternoon.

I certainly do not want to recanvass the merits of the dialogue or interchange between the Leader of the

House and the manager of opposition business, the member for Bendigo East, but it is clear from looking at the remarks of the shadow Attorney-General, the member for Lyndhurst, in concluding the debate on the substantive bill, that the opposition was supporting the bill. He concluded by saying:

All in all, the opposition wishes this bill a speedy passage.

ASSEMBLY 3393

Similarly, the member for Macedon in concluding her remarks commended the bill to the house.

So for whatever reason — and as I said, I do not particularly want to recanvass the course of dialogue or who could have said what to whom — the facts are clear that the will of the house as expressed by the opposition lead speaker and the member for Macedon was not reflected in the vote taken at the time — and for very understandable reasons in the circumstances of that afternoon. Therefore the preconditions for a recommittal of a vote, such as is being proposed here, are clearly established, and I commend the motion to the house.

Mr PAKULA (Lyndhurst) — I will get started, but

I doubt I will finish my remarks before lunch. At the outset I want to thank the Attorney-General for the call he made to me yesterday morning to convey the government’s intention to proceed in the manner it has so far today. I also want to associate myself with the comments made by the manager of opposition business, the member for Bendigo East, in this debate. However,

I think a couple of presumptions were made in the

Attorney-General’s contribution when he commented first of all about the opposition’s position in regard to this motion about the suspension of standing orders, but also in his comments about misadventure befalling the bill in the last sitting week, from which he assumes, it seems, that the failure to achieve an absolute majority possibly occurred by accident. I do not want to canvass those matters in detail either, but I simply make the point that it is probably not wise to make too many assumptions about matters of that nature.

Sitting suspended

Business

1.00

interrupted

QUESTIONS under

Member

WITHOUT p.m

for until 2.02

standing p.m. orders.

NOTICE

Frankston

Mr MERLINO (Monbulk) — My question is to the

Premier, and I ask very simply: can he advise the house if he and his government continue to enjoy the confidence of the member for Frankston?

Dr NAPTHINE (Premier) — This government is about rolling up its sleeves and getting on with the job.

We are about delivering good government to the people of Victoria. As we saw earlier this week, with the report on the 2012–13 budget, we are a government that is delivering a budget surplus, and in the 2013–14 budget we have delivered a budget surplus in each and every year of the forward estimates. We are the only state or


3394 ASSEMBLY territory that can tell the people that we are delivering a budget surplus in each and every year of the forward estimates. We are the only state or territory that has a

AAA credit rating that is stable. We have a strong economy, we are creating jobs and we are creating opportunities.

Mr Merlino — On a point of order, Speaker, this answer is completely irrelevant. Under standing order 58, the Premier is clearly debating the question. If he has no idea whether the member for Frankston — —

The SPEAKER of order.



At the same time we are building for the future, and we are delivering on game-changing investments like the regional rail link. When we inherited the regional rail link — a $4.8 billion project — it was in absolute disarray. There were no signals, no trains and no grade separations at level crossings. We have put that back on track. Not only that — —

Dr NAPTHINE — The AWU, in a submission written by Bill Shorten, now federal Leader of the

Opposition — —

Mr Merlino — On a point of order, Speaker, the

Premier is clearly debating the answer. It was a simple question as to whether he commands a majority in this chamber. Does he enjoy the confidence of the member for Frankston or not?

Ms Allan — On a point of order, Speaker, under standing order 58(1)(a), answers to questions must be

‘direct, factual and succinct’. This was a very straightforward question that really just requires a yes or no answer. The Premier is not being at all relevant to the question, and I ask you to uphold the standing orders and bring him back to answering that very simple yes or no question without editorialising.

The SPEAKER — Order! Points of order are not an opportunity to ask a question again.

Mr the Premier is debating the question, and I ask you to bring him back to answering it.

The

Merlino — The point of order, Speaker, is that

SPEAKER — Order! I thought the question was in regard to confidence, and the Premier was talking about confidence in the government.

Mr Clark — On the point of order, Speaker, the question asked was extraordinarily wide. To the extent to which it relates to government administration, if at all, it invites an extremely wide answer. There is an argument that could be put that the question does not relate to government administration at all, but to the extent to which it does, the Premier is obliged to relate his answer to government administration, and he is giving reasons as to why all persons are entitled to have confidence in the current government.

Dr NAPTHINE — While we continue to provide strong, decisive leadership and good governance to the people of Victoria, we will continue to have the confidence of the people of Victoria and the confidence of the people in this house. As I was saying, the

$4.8 billion regional rail link is a project that is employing 3500 people now and a total of 6000 people indirectly. This is a project that is delivering improved rail services for regional Victoria, for Ballarat, for

Bendigo, for Geelong and down to Warrnambool, but it is also improving capacity on our metropolitan rail services from Werribee, from Altona, from

Williamstown, from Sunbury and from Craigieburn.

This is a great project for Victoria.

It is the same with the east–west link, a project recommended by Sir Rod Eddington and a project that will make a real difference to Melbourne and Victoria.

That is why we are getting on with it and building stage 1 of the east–west link. It is interesting to note that the Australian Workers Union (AWU) supports the east–west link project. Indeed in a submission on the east–west link project — —

Mr Pallas — Further on the point of order, Speaker, it is quite apparent that the Premier has taken a very long lead in answer to a question that was quite specific. Relevance is an issue to which this government has attached a considerable amount of importance. We have had the Premier in this place answering a question about the confidence of this government by talking about roads and rail projects, so the clear point I make is that if this government is going to make question time about accountability, it should at least pay passing reference to the need for relevance in response to questions.

The — Order! I do not uphold the point of order, but I ask the Premier to return to answering the question.

Dr

SPEAKER

NAPTHINE — I strongly believe that we will continue to have the confidence of the member for

Frankston because we are delivering good projects like the regional rail link and the east–west link stage 1. In talking about the east–west link stage 1, a submission from the AWU says:



… a project in two phases with the first phase … joining … the Eastern Freeway to CityLink.

That is the first stage we are building, and the second phase would join the Eastern and Western freeways.

That is a submission from Bill Shorten and Cesar

Melhem supporting the east–west link stage 1. We have the confidence of Bill Shorten and Cesar Melhem, and I am confident we have the confidence of the member for

Frankston for the regional rail link, for the east–west link and for the projects we are getting on with. That is why we have the confidence of the people of Victoria.

Ms

Food

MILLER and fibre producers

(Bentleigh) — My question is to the

Premier. Can the Premier advise how Victoria’s food and fibre businesses, supported by the coalition government, are helping to grow jobs and the state economy?

ASSEMBLY 3395

That is a great result. That is jobs for the local community. That is putting dollars into the pockets of beef producers in Australia and putting dollars into the pockets of meatworkers who work for Ralph. That is a great outcome for our food and fibre industry. What we are seeing is significant growth in food and fibre opportunities.

I draw the attention of the house to a media release of

8 October 2013 from Deloittes. It is headed ‘The times will suit Victoria — Deloitte report’, and says, ‘Victoria is superbly positioned to capitalise on Australia’s next boom’. Of course it is talking about the growth in Asia and the increasing demand from Asia. It certainly is the

Asian century, with a massive increase in the number of people in South-East Asia, China, India and north Asia who are joining the consumer class. They are looking for products that we can supply from Victoria. The media release says:

… the burgeoning Asian middle class will seek not merely to eat more food, but to switch their diets from grains and cereals towards meat, dairy, fruit and vegetable. That switch in demand is tailor-made for Victorian farmers …

Dr NAPTHINE (Premier) — I thank the honourable member for Bentleigh for her question and for her interest in jobs and the economy in this state, which are real issues of importance to the people of

Victoria. I am pleased to advise the house that this morning the Minister for Agriculture and Food Security and I released a report entitled Victorian Food and

Fibre Export Performance 2012–13 . This report contains absolutely outstanding results which are to the great credit of farmers, the food production industry and exporters in Victoria. What it shows is that food and fibre exports from Victoria increased by 5 per cent in that financial year to a record high of $9.4 billion.

What we have is an Asian boom, and we have the food bowl of Asia here in Victoria. We can be very proud of our Victorian farmers and very proud of our clean, green food and fibre production. What we find with our trade mission program is that we are delivering results in terms of increased exports, increased local jobs and increases to the economy. This is great news for

Victoria.

Member for Frankston

The key results include that food and fibre exports to

China increased by $300 million to $2.16 billion. This included a boost in meat exports by $230 million, or

111 per cent. Indeed the report also shows a 400 per cent increase in grain exports to the United Arab

Emirates, a 330 per cent increase in grain exports to

China and a 27 per cent increase in horticultural exports. This is very good news for this state. It is good news for Victorian farmers and good news for the

Victorian food production industry. It is great news for

Victorian jobs and great news for the Victorian economy and Victorian exporters.

Mr PALLAS (Tarneit) — My question is to the

Premier. I refer to the Premier’s assertion that he is confident he still retains the support of the member for

Frankston, and I ask: when was the last time he obtained such an assurance from the member for

Frankston?

The SPEAKER — Order! I do not believe that question is to do with government administration.

This huge increase in food and fibre exports demonstrates clearly the benefits of this government’s very active trade mission program. This government has targeted trade missions to the growth areas in our region. We have had targeted trade missions to China,

India, Japan, Korea, South-East Asia and the Middle

East. For example, Ralph’s Meat Company participated in the super trade mission to China in 2012. On that trade mission it secured $10 million worth of exports.

Ms Allan — On a point of order, Speaker, and I have two points to raise in response to that ruling.

Firstly, questions of this nature have been asked and answered in this house in very recent times. You have allowed questions about the confidence of the support of the member for Frankston in the government to stand as questions to the Premier, and they have been answered. The second point is that the issue of whether the government has the support of the floor of the house is a critical matter of government business because it goes to whether or not the Premier is the leader of the


3396 ASSEMBLY government in this house. I urge you to reconsider that ruling because it goes to the central nature of our democracy and whether the Premier enjoys the confidence of the floor of this house.

Ms Asher — On the point of order, Speaker, I put it to you that the first question asked by the opposition, which you ruled in order, went to the matter of the confidence of the member for Frankston and it was duly answered by the Premier. This question asked by the member for Tarneit is significantly broader and has expanded on the issue of confidence to a conversation that the Premier may or may not have had with the member for Frankston. I put it to you that this is far, far broader than the first question which was allowed by you, and that your ruling stands as correct.

I can advise the house that since we have been in government after 11 years of mismanagement of public transport under the previous Labor government —

11 years of failure, lack of punctuality and lack of reliability — what we are on about is we are delivering more services, better services and more reliable services. We are delivering 1078 more Metro train services each and every week.

Wednesday, 16 October 2013 services for the people of this state. We are getting on with the job, and we are delivering good governance and decisive government to the people of this state — for example, on the issue of public transport services, which is an area of great concern to the people of

Frankston and the member for Frankston.

Mr Merlino — On the point of order, Speaker, questions relating to this issue have been allowed by you previously.

Ms Asher — Broader.

There has been an increase in reliability and an increase in punctuality. There are 3400 new bus services each and every week since we have been in government. We have got seven new X’trapolis trains on the system and eight more have been ordered in this year’s budget to be built in Ballarat, creating jobs in regional and rural

Victoria. There are 50 new trams rolling out into the system as we speak. There are 40 new V/Line carriages. That is what we are delivering.

Mr Merlino — No, not broader, but in terms not only of the first question that I asked today but also of previous questions that go to conversations that the

Premier had with the member for Frankston following the removal of the previous Premier. Those questions were allowed, and they related to conversations between the Premier and the member for Frankston following the removal of the member for Hawthorn as

Premier of this state. If those questions were allowed and if the previous question today was allowed, there is no reason at all that this question should not be allowed to be proceeded with. Finally, if there is reason that the

Premier cannot answer a question as to whether he has got the command of the majority of this chamber, then he should say so.

We are spending $400 million on the removal of level crossings, like the Springvale Road level crossing which for 11 years was one of the worst level crossings in Melbourne and which was ignored by the Labor government and ignored by the local member, who did nothing to fix the problems there. But we are rolling up the sleeves and getting on with the job, and that will improve the access on Springvale Road not only for private vehicles and for business vehicles but also for the buses that service Springvale railway station. It will be a great boon to public transport and private transport and will revitalise that whole area.

The SPEAKER — Order! I said before that I do not uphold the point of order. I do not believe the question is one of government administration.

Mr PALLAS — On a further point of order,

Speaker, in view of your ruling I ask whether I would be given the opportunity to reword the question.

The SPEAKER can be reworded.

Mr what basis does the Premier have the confidence of the member for Frankston?

Dr

PALLAS — My question is to the Premier. On

NAPTHINE

— Order! Certainly the question

(Premier) — I can advise the house that I have the confidence of the member for Frankston on the basis that we are doing a good job of delivering

We will do the same at Rooks Road and Mitcham

Road. That is where we are removing level crossings.

We are spending $100 million upgrading the

Dandenong-Bayside rail line, which is a rail line that was an absolute embarrassment and disgrace under the former minister and former government. It had absolutely appalling reliability and punctuality, but the level of service has been lifted significantly by this government and by this very hardworking Minister for

Public Transport, who fixes the basics and gets on with the job. That is why we have the confidence of the member for Frankston and that is why we have the confidence of the people of Victoria, because we are delivering services that people need in the area of

Frankston and right across state.



I am very proud personally that we have been able to sign the national disability insurance scheme (NDIS) agreement with the federal government. The NDIS agreement is a historic agreement by any measure. The

Better Schools funding agreement has been signed with the federal government, and the government has done a deal with teachers on the enterprise bargaining agreement. This is about good governance, and that is why we have the confidence of the member for

Frankston and the people of Victoria.

ASSEMBLY

In terms of police and law and order, let me say that

1700 extra police have been promised. There are 1200 on the beat, and there are protective services officers

(PSOs) on stations as we speak. There are PSOs, including many along the Frankston line. The opposition has described them as ‘plastic police’. The opposition did not want the PSOs, but now the people are seeing them as important parts of our transport safety system. They are important parts of reducing crime and making people feel safer.

3397 strong, stable economy. Having a AAA rating stable outlook, alone in that respect in the Australian nation, is a wonderful platform from which to do business, and these people know it. In nations such as Korea and

Japan they know that such is the case.

The other message was that we have myriad projects in relation to which there is the opportunity for people in

Japan and Korea to invest. They made it very clear that they are aware of the extent of infrastructure investments we are making in Victoria. They know about the east–west link. They are bidding to be part of the east–west link. They know of our capacity in food and beverages, as was evidenced by the answer to a question already given by the Premier today and the results that have been announced by the Premier and the minister today. They are very aware of the sorts of things, and they are anxious to invest with us not only in food and beverage and infrastructure and in our health exports market but of course in the all-important area of energy.

Trade missions

Ms WREFORD (Mordialloc) — My question is to the Minister for State Development. Can the minister update the house on how the coalition government is assisting local businesses and growing Victoria’s economy through stronger trade relations with Japan and Korea?

Mr RYAN (Minister for State Development) — I thank the member for her question. Last week I returned from a 10-day trade visit to Japan and Korea aimed at encouraging stronger investment links with those key markets. As the house would know, Japan is ranked as Victoria’s third-largest trading partner. We had a two-way trade in 2012–13 of $6.25 billion. Japan is also the third-largest source of investment for

Victoria. We have over 140 Japanese companies operating in Victoria, and many major Japanese companies with Australian headquarters are located in

Melbourne.

With respect to the Republic of Korea and Victoria, we have a burgeoning friendship with this great nation. It is built on two-way trade in goods and services, strong education and in cultural ties. Korea is our eighth-largest trading partner, with a total two-way trade of $2.9 billion. I was able to emphasise to different audiences in both those nations that Victoria under this coalition government is well and truly open for business.

The twin messages that were sent to those with whom I had the pleasure of having an audience were, first, a

While I was there I was able to meet with Murray

Goulburn Co-operative’s Japan representatives. I met with the officers of Yakult and of ITOCHU, which has a substantial interest in Burra Foods in my electorate, where, as the house would know, we have recently announced a $20 million investment on behalf of the company with $1.5 million coming from our Regional

Growth Fund. I met with Kagome in its boardroom.

Again as I have recently told the house, I was at

Kagome in Echuca with the local member only two or three weeks ago. I met with companies such as Kamada

Foods. All of these are aware of the clean and green product that we are producing here in Victoria and the great prospects for the growth of their enterprises.

In the area of new technologies and a marriage with the prospect of being able to see the use of our coal reserves in the Latrobe Valley, I was able to meet with a number of companies, including Kyushu Electric

Power, otherwise known as Kepco, with JCoal and with

Kawasaki Heavy Industries. Bear in mind, Speaker, that

Japan has a huge challenge on its hands. Some 30 per cent of its power was until relatively recently produced from nuclear sources. Now all of the nuclear power plants are closed and 30 per cent of Japan’s power generation capacity has gone. Therefore Japan and

Korea are looking at the prospect of being able to use coal out of the Latrobe Valley, with appropriate treatment of course utilising new technologies.

It is important that we are part of these markets. It was a very successful trade mission, and I look forward to the further development of business and enterprise in

Victoria as a result.


3398

Mr PAKULA (Lyndhurst) — My question is to the

Premier. I refer the Premier to the register of members’ interests tabled in the house today, which confirms that the member for Frankston remains a fully paid-up member of the Premier’s Liberal Party, and I ask: given that the member for Frankston seems to be dogged by a new controversy every week, is it not time that the

Premier moved to expel member for Frankston from his party?

ASSEMBLY Wednesday, 16 October 2013 within the Premier’s responsibility and the question was ruled in order. I ask that you perhaps reconsider that statement and allow the question that has been put by the member for Lyndhurst to stand.

Mr O’Brien page 157

— On the point of order, Speaker, clearly it is a matter of record that the member for

Frankston is not a member of the parliamentary Liberal

Party; he is not a member of the government. At

Rulings from the Chair says:

Internal party matters are not a subject that can be accepted in a question without notice.

Ms Asher — On a point of order, Speaker, according to the standing orders and indeed to

Speakers’ rulings, questions must relate to government administration or policy. Who may or may not be a member of the Liberal Party is not a matter of government administration or policy, and I urge you to rule the question out of order.

Mr Angus

Member

interjected. for Frankston

The SPEAKER — Order! I uphold the point of order raised by the Leader of the House on the basis that the register of members’ interests is between the member and the Clerk.

Mrs Fyffe — On a point of order, Speaker, before I ask my question. I would like to reassure the member for Monbulk and other members of the house — —



The SPEAKER — Order! I have not called the member for a point of order; I have called her for a question.

Member for Forest Hill

Tourism initiatives

The SPEAKER — Order! The member for Forest

Hill can leave the chamber for an hour.

Honourable member for Forest Hill withdrew from chamber.

Mrs FYFFE (Evelyn) — My question is to the

Minister for Tourism and Major Events. Can the minister update the house on the coalition government’s recent initiatives to grow local businesses and the economy by attracting more visitors to our state?


Member

Questions resumed. for Frankston

Mr Pakula — On the point of order, Speaker, the

Premier is the minister responsible for the register of members’ interests. It is a register which falls within his responsibility, and I put it to you, Speaker, that as a consequence any entry in that register of interests is capable of explanation by the Premier as the minister responsible for that register.

Ms ASHER (Minister for Tourism and Major

Events) — I thank the member for Evelyn for her question and for her longstanding interest in tourism.

The coalition government is committed to supporting the Victorian tourism industry. As all members of this house would know, tourism is worth $19.1 billion to

Victoria’s economy, provides for over 200 000 jobs and is our no. 2 export. We have had two very significant developments in tourism over the course of the last couple of weeks, which I would like to relay to the house for its interest.

The SPEAKER — Order! The register of members’ interests is in fact a matter between the member and the

Clerk of the Parliaments. It has nothing to do with the

Premier.

Ms Allan — On the point of order, Speaker, on page 156 of Rulings from the Chair — I think I have the December 2012 copy — there are rulings from

Speaker Plowman in 1998 that members’ interests are

First of all, I am delighted to announce that the coalition government has announced a new partnership with

Qantas worth $12 million, which will provide significant benefits to Victoria. What is Tourism

Australia’s loss is obviously the state tourism authority’s gain. This deal will promote Melbourne and

Victoria across Qantas’s global network, including

North America, the UK, Singapore, Indonesia, Hong

Kong and China. This new agreement with Qantas is in addition to the arrangements in place for support for the



Australian Formula One Grand Prix. Partnerships such as these help drive more tourists to our events, attractions, hotels, restaurants and businesses, as the member for Evelyn has outlined, creating more jobs and generating greater economic benefits for the state.

3399

Opposition, today in Bentleigh we heard from local paramedics who reported that code 1 ambulance response times in Bentleigh have increased by more than 2 minutes since 2010. I ask the Premier: given that ambulance services in Bentleigh are in fact worse than when the Premier’s government came to power, are his boasts about improving services not just a cruel hoax on those patients waiting in pain for an ambulance?

I am also delighted to advise the house that on top of this momentous deal with Qantas, which represents a significant amount of money from the tourism budget, on 9 October the government launched stage 2 of the

Play Melbourne campaign. This is the latest iteration of the Jigsaw campaign, which has been running for 20 years — it will have its 20-year anniversary soon. The iteration of the Play Melbourne campaign launched the other day is the Melbourne Remote Control Tourist. It is one digital campaign aimed fairly and squarely at the domestic Australian market, the New Zealand market and also with significant potential to go global. As members would be aware, Victoria is particularly interested in the Chinese market, which is now our largest market, and the Indian market, which is a high-growth market.

Dr NAPTHINE (Premier) — I thank the member for Williamstown for his question, even though I do not accept its premise in any way, shape or form. The facts are that since the coalition has been in government it has significantly increased funding for Ambulance

Victoria. We are delivering the resources that

Ambulance Victoria needs to deliver a high quality of service to the people of Victoria. We employ professional, hardworking paramedics, and we pay credit to them for the work they do saving lives around

Victoria 24/7.

The Melbourne Remote Control Tourist was designed to engage with consumers in a digital manner and provide the opportunity for people to explore what

Melbourne has on offer under a campaign called Go

Before You Go. The campaign is also underpinned by the traditional Play Melbourne advertising campaign, including billboard advertising, particularly in Brisbane and Sydney, which are our two largest markets.

That is why we have backed them up, through

Ambulance Victoria, with a record level of funding:

$662 million, which is 17.3 per cent more than under the previous government. That is why since we came to government — since we took over the health portfolio from the failed Minister for Health in the Labor government — there are now 465 more paramedics and ambulance officers working in this state. There are more paramedics, there is more funding, there are more ambulance stations and there are more ambulances on the road — and we are delivering more resources for

Ambulance Victoria.

Melbourne is the most popular tourist destination in

Australia for Australians. We are more popular than

Sydney and the Gold Coast, and it is very important that we maintain that margin. As I said, in this case the campaign has some global application as well. I am delighted to report to the house that over the five-day live period people from 158 countries picked up on this campaign and people from 3888 cities across the world participated.

We also understand that that is only part of the deal to provide better health services to the people of Victoria.

The other part of the deal is to invest in the capital infrastructure to fix the problems we inherited from the

Labor government’s 11 years of neglect.

One of the most important elements of tourism in

Victoria is to remain competitive in our marketing.

Other states have copied us. I believe with this new digital marketing campaign we are offering — and I commend all those involved in establishing it — backed up by the quality tourism product we have on offer in Victoria, we are keeping our competitive advantage.

Mr Noonan — On a point of order, Speaker, the

Premier is talking about capital infrastructure. My question was simply about ambulance response times and the situation in Bentleigh. I ask you to bring the

Premier back to answering the question.

The SPEAKER — Order! The answer was in fact relevant to the question that was asked, which was in relation to ambulances.

Mr

Bentleigh

NOONAN ambulance services

(Williamstown) — My question is to the Premier. Following yesterday’s successful people’s forum in Frankston held by the Leader of the

Dr NAPTHINE — If members of the opposition knew anything about health services and ambulances, they would know that you need to provide resources to

Ambulance Victoria in terms of additional funding, additional officers and additional ambulances, plus you must also provide the resources in capital at hospitals.


3400

You have to provide emergency departments and hospital beds so that when the ambulances get to the hospitals, the patients can be moved into the hospitals and into the beds. That is why we are spending

$263.5 million on the Monash Children’s hospital for the people of Bentleigh.


It has taken the election of a coalition government and the hard work of the member for Bentleigh to deliver

Monash Children’s costing $263 million, so that we have additional resources at the ambulance service and the hospital resources that are needed. It has taken a coalition government and the member for Bentleigh to deliver Monash Children’s.

I remind you, Speaker, and the house, that in 2002 a review of paediatric services in south-eastern

Melbourne was undertaken. That review, under the government of the day, recommended that a new children’s hospital be built in Monash children’s — —

Ms standing order 58, and respecting your previous observations around preambles forming part of the question, nowhere in the preamble was there a reference to paediatric services or reviews that were undertaken in 2002, some 11 years ago. It was clearly a question about ambulance services, and we ask that you bring the Premier back to at least addressing the question of ambulance services in the area.

Mr

Allan

Ryan

— On a point of order, Speaker, under

— On the point of order, Speaker, the point the Premier was making is directly relevant to the question he was asked because, as the Premier has indicated, these matters are all inevitably interlinked — hospital services with ambulances and with resourcing.

They are part of a total health sector, and the matters to which the Premier is referring are directly relevant to the question he was asked.

Mrs

Minister for Environment and Climate Change. Can the minister update the house on the coalition government’s plans to strengthen waste management in Victoria and how these plans will benefit the environment and local communities?

Mr

BAUER

R.

(Carrum) — My question is to the

SMITH (Minister for Environment and

Climate Change) — I thank the member for Carrum for her question. The member knows that the Napthine government has a clear vision and direction when it comes to waste management and waste recovery in this state. That policy is articulated in our waste policy document entitled Getting Full Value , which was released in April this year. It is a policy that details very clearly our direction in waste management and recovery and encourages the commercial sector to realise the value of waste that is currently being sent to landfill.

Mr

Premier is clearly not being relevant to the question.

Referring to something that happened 11 years ago is of no comfort to the residents of Bentleigh who were at the forum today. They want an answer as to why response times are blowing out. They want an answer from the local member, and they want an answer from the Premier.


Dr

Merlino — On the point of order, Speaker, the

NAPTHINE — I am sure the people of

Bentleigh and the people at the forum today would understand you need additional resources for ambulances, and you need the resources at the hospital when the ambulances arrive there. What we had under the previous Labor government — 11 years ago, in

2002 — was people saying, ‘We need a new Monash children’s hospital’. For 11 years members of the former government-held review after review and made business case after business case. There is a whole litany of them here — business case after business case, and no action.

Waste management

Last month I also released the Draft Statewide Waste and Resource Recovery Infrastructure Plan , a plan which currently maps where waste-processing facilities are in this state and also identifies where future facilities should be located. In addition, I have also made significant reforms to the governance arrangements in this area, which ensures that government agencies and local government are working together to get really good environmental outcomes. Because we have sent such a clear signal to the sector, the sector has confidence to invest in these facilities.

Last Thursday, together with a member for Northern

Victoria Region in the Council, Amanda Millar, I had the pleasure of opening a new $30 million facility in

Bulla, a facility which will divert 85 000 tonnes of green waste from Melbourne’s western and northern suburbs away from landfill and ensure that waste from those areas will now be significantly utilised and processed into high-quality fertiliser, compost and other mulch. That $30 million investment by Veolia

Environmental Services, the first of its kind in Victoria, is a tangible endorsement of the coalition government’s policy and direction and demonstrates real confidence in the direction that we are taking.



In its delivery of that facility, Veolia is not only removing 85 000 tonnes of waste from landfill but is also helping drive the creation of new markets in high-quality compost products for agricultural and residential purposes. This is in particular contrast to the former Labor government’s direction, which was highlighted by the Auditor-General in 2011. The

Auditor-General said that the previous Labor government and the previous environment minister,

Gavin Jennings, failed in this area. He said:

Monash

Mr

Medical

MERLINO

Centre elective surgery

3401

(Monbulk) — My question is to the

Premier. Following the very successful people’s forum in Frankston yesterday — —


Mr MERLINO — Perhaps he should talk to

Rosemary Chesney.

The reasons for underachievement in relation to municipal solid waste encompass a lack of effective planning, leadership, coordination, and oversight.

The Auditor-General went on to say:

The SPEAKER — Order! I would like the house to stay like this — quiet — so that I can hear the question and then hear the answer. I am sure all members would like to do the same thing.

Managing multiple stakeholders to enable the achievement of outcomes, requires effective leadership, coordination, oversight and accountability. For TZW —

Towards Zero Waste, the former government’s waste policy — implementation has been hampered by a lack of these principles and practices.

Mr MERLINO — My question is to the Premier.

Following the very successful people’s forum in

Frankston yesterday, held by the Leader of the

Opposition, today in Bentleigh we heard from local residents about their concerns in relation to elective surgery waiting list at the Monash Medical Centre.

Given that 10 250 people are currently sitting on the

Monash Health waiting list, are not the Premier’s boasts about improving health services just a cruel hoax on those patients waiting in pain for their surgery? The previous Labor government did not understand the social benefits of educating and guiding people to treat their waste properly. The Labor government did not understand the environmental benefits of actually having a comprehensive waste policy and removing waste from landfill, and its members certainly did not understand the economic benefits we get from a clear waste policy.

This sector is a $2.2 billion contributor to Victoria’s economy and provides 8000 jobs. What the previous government did not realise is that a good policy direction leads to more commercial investment in this space and obviously that leads to more jobs. Just as an example, one of our policies — just one of our programs — has contributed to the creation of 70 new jobs in this sector, has removed 20 000 tonnes per year from landfill and has identified a potential $90 million worth of commercial investment in this area.

Dr NAPTHINE (Premier) — I thank the honourable member for his question. I advise the house that we have increased funding significantly for health services in this state. We are providing a record level of funding of $14.3 billion — $2 billion more than under the Labor government. I advise with regard to the

Monash Medical Centre, which also covers the

Moorabbin campus, that it has had a 13.8 per cent increase in funding since we have come to office. I also advise the member and the house that there are now more elective surgeries being performed than under the

Labor government. There are more elective surgeries, more patients being treated through the emergency department and a significant increase in the budget for

Monash Medical Centre.

This government has certainly put in the hard work that is needed in this area to make sure we get the really good social, economic and environmental outcomes, which is in stark contrast to the former government, which, in the words of the Auditor-General, showed a complete lack of leadership in the area. I think we can all agree in this house that in a broader sense that lack of leadership still exists.

In addition, let me advise the house of the commitment we have made to further expand Monash through the

Monash Children’s. The Monash Children’s hospital is a great program, costing $263.5 million. I advise the house that this project unfortunately has been a long time coming because in 2002, under the Labor government, a review of paediatric services in south-east Melbourne recommended that a new hospital be built in the region. But what did we have under the

Labor government — and this is a real contrast between the coalition government and the Labor government; a contrast between this side of the house — —


3402 ASSEMBLY

Ms Allan — On a point of order, Speaker, which I am sure you can probably anticipate, we ask you to uphold the standing orders, particularly standing order 58, and ask the Premier to not debate the question. The question in no way referred to the period of the former Labor government. It has nothing to do with that period, and we ask him to answer the question that was directed to him by the member for Monbulk.

Wednesday, 16 October 2013 delivered was a business case, a master plan, a preliminary business case, a feasibility study, a final business case, another final business case, a service plan update and a redevelopment options review. It had

12 reviews and updates and not one dollar to build one bed at Monash Children’s. Now we have the member for Bentleigh, who is getting on with the job, and we have $263.5 million to build the Monash Children’s that will provide the beds to match the resources that were provided to treat the patients that need it. Ms Asher — On the point of order, Speaker, I refer you to page 164 of the June 2013 edition of Rulings from the Chair , where Speaker Smith says under the heading ‘Discussion of former government permitted’:

While it is not appropriate to attack the opposition during question time, it is permissible to talk about something that the former government did.

In terms of Speakers’ rulings, the Premier — —

There is a clear contrast between a do-nothing Labor government and a coalition with a hardworking local member who listens to and delivers for the people of

Bentleigh. She does not deliver master plans, studies, reviews and updates; she delivers bricks and mortar — funding for a real hospital and hospital beds for sick children.

Honourable members interjecting. Mr Merlino — On a point of order, Speaker, the

Premier is not being relevant to the question. He has

8 seconds to mention the words ‘waiting list’.

Ms Asher — Again, we will take it that what the former government did or did not do would be the

Speaker’s ruling. The tack the Premier is pursuing at the moment is absolutely legitimate, and I ask you to rule the point of order posited by the member for

Bendigo East as being out of order.

The SPEAKER concluded his answer.

Law

— Order! The Premier has and order initiatives

Mr Merlino — On the point of order, Speaker, standing orders relate to passing references. The

Premier has had 2 minutes already to answer this question. Not once has he mentioned the waiting list.

He has talked about everything else, but not the waiting list and the blow-out for the constituents of the member for Bentleigh. There are 10 250 people on the waiting list. Not once has he referenced the waiting list.

Mr BATTIN (Gembrook) — My question is to the

Attorney-General. Can the Attorney-General update the house on recent government initiatives to protect

Victorians through strengthened law and order measures?

The SPEAKER — Order! Following my previous rulings, criticism of the previous government I allow, criticism of current members of the opposition I do not allow. I do not uphold the point of order.

Dr NAPTHINE — I am contrasting this side of the house with the previous government. This side of the house is getting on with the job, increasing funding for

Monash Medical Centre well above inflation, treating more emergency patients and also getting on with key capital infrastructure that will make a real difference to the people of Bentleigh, particularly those people who have children and who want to use Monash Children’s.

The member for Bentleigh is getting on with the job of delivering on that. We are not seeing the procrastination and delay that was characteristic of the previous government. Let me look at what the previous government failed to do. In 2002 it announced that it needed a Monash Children’s hospital, but what it

Mr CLARK (Attorney-General) — I thank the member for Gembrook for his question and for his longstanding interest in law and order policies that better protect the community. I can assure the honourable member that the coalition government is determined to repair the damage that was left by

11 years of Labor being soft on crime. Be it lack of police, a head-in-the-sand approach to outlawing motorcycle gangs, failures in parole law, not enough prison beds or inadequate sentencing laws, we are tackling each and every one of the problems we inherited.

We are putting 1700 extra police on the books and introducing 940 protective services officers. Hundreds of extra prison beds have been opened since this government came to office, with almost 2000 further prison places in the pipeline following the failure of the previous government to act on repeated warnings that additional prison beds were needed. We have also put the Ararat prison project back on track after the comprehensive bungling of the previous government.



We are tackling failures in parole left by the previous government. We are providing for the automatic cancellation of parole for reoffending, making breach of parole conditions a criminal offence and making clear that community safety is the paramount consideration in decisions regarding parole.

We have also been acting to strengthen sentencing laws. Suspended sentences have been abolished for matters heard in the Supreme and County courts and will be abolished for all remaining offences next year.

We have legislated to provide for four years statutory minimum non-parole-period sentences for those committing offences of gross violence. We have legislated to make it an offence to breach parole conditions imposed to protect the community.

ASSEMBLY 3403

The Labor government failed over its 11 years in office to take action to allow criminal bikie and similar gangs to be outlawed and to have their fortifications removed.

The threat posed by these organised crime gangs is now plain to all: drug production and trafficking, violence, blackmail, extortion, intimidation and arson. We in the coalition government are committed to supporting

Victoria Police in the excellent work it has been doing to tackle all forms of criminal bikie gang activity, and we are delivering on that commitment.

Debate

BUSINESS resumed.

OF

Standing

THE HOUSE orders

Earlier this month legislation commenced to give police the power to tackle fortifications used by criminal bikie and other gangs to facilitate and protect their criminal activity and to delay police from lawfully entering a property while evidence is destroyed or hidden. These new laws will allow Victoria Police to apply to the

Magistrates Court for an order to have fortifications removed from gang property.

The orders will be able to require the removal of any structure or device beyond what is reasonably necessary for the ordinary lawful use of the premises. That can include not just physical barriers but also electronic surveillance devices, such as closed-circuit TV, night vision cameras or motion sensors. Where an order is made the owners or occupiers must remove the fortifications at their own expense. If they fail to do so, police can enter the premises and demolish or remove the fortifications at the owner’s expense. This adds to the Criminal Organisations Control Act 2012 we brought to the Parliament commencing in March of this year, which allows criminal bikie and similar gangs to be outlawed and restrictions placed on their activities.

The Queensland government recently introduced a package of measures to tackle criminal bikie gang problems in that state. We will examine that package to see if there are any further measures that could be adopted in Victoria. I am, however, pleased to inform the house that many of the measures the Queensland government is introducing are already provided for in

Victorian legislation, under which court-ordered controls on gangs and their members can include bans on organisations continuing to operate, bans on members or associates wearing gang colours or insignias, bans on gang members gathering together or associating with each other and prohibition or restriction of specified activities.

Mr PAKULA (Lyndhurst) — Before the lunch break I was indicating that it would be folly for the government to make assumptions about either the cause of the lack of a statutory majority last sitting week or indeed the opposition’s position on the suspension of standing orders. I made it clear during the debate on the bill itself that the opposition was not opposing the piece of legislation concerned. Indeed we have indicated to the government that if that legislation is recommitted in the house today, we will provide the government with the statutory majority it requires. This week, unlike last week, the government has actually asked us to do that, and it has not asked us to do it with only 3 minutes notice.

With regard to this suspension of standing orders, however, let us be very clear. The standing orders are here for a reason, and there are all kinds of limitations on what the opposition is able to do and the number of times the opposition is able to put a particular question to the house as a consequence of the standing orders that are in place. We believe, and I believe very strongly, that it is a matter for the government to ensure that it is able to pass legislation with whatever majority is appropriate in the circumstances, and if the government gets that process wrong, that is a matter for the government. Perhaps this example might serve to provide the government with pause for thought next time. Perhaps next time the government requires an absolute majority it might have a conversation with the opposition some time sooner than when people are rushing in for the vote as the bells ring.

In those circumstances, and particularly considering the activities of the government when the equal opportunity legislation failed last year — and that was not simply a case of a statutory majority not being provided; in fact that legislation was defeated in this place and the government used its numbers to ride roughshod over


3404 ASSEMBLY Wednesday, 16 October 2013 the fact that a piece of legislation had been defeated and had that legislation recommitted despite it having previously been defeated on the floor of the house — the opposition will provide a statutory majority in the event this legislation is recommitted today or tomorrow. However, we believe the standing orders, which apply to the opposition as much as they apply to the government, ought to be upheld. With respect to the vote for the suspension of the standing orders, we will therefore not be supporting the motion.

Mr O’BRIEN (Treasurer) — This is a fairly straightforward procedure to recommit a question in order to rectify what was a temporary inability to achieve an absolute majority. I think the procedure of this house should be very much directed towards seeking to make sure that the will of the house is fulfilled. It is my understanding that both sides of this house support the Courts Legislation Amendment

(Judicial Officers) Bill 2013, so the question is: if both sides of this house support this bill — and nobody has said otherwise — why should we not be supporting the procedures in place to allow the bill to pass? It is not rocket science. If both sides agree on the contents of the bill and want it to pass the Assembly and go to the other place for consideration, then members should support the necessary mechanisms to allow that to happen. legislation governing the roles of senior judicial officers in this state.

Whatever the argy-bargy between political parties, we should be able to agree, as we have on the policy and content of this bill, as sensible people, adults and elected representatives of the people of Victoria, on a mechanism to allow this bill to proceed. That is what has been put forward in this motion moved by the

Leader of the House and well supported by the contribution of the Attorney-General. On the basis that there is clearly bipartisan support for the content of this bill I would urge those members opposite to ensure that they do not, whether through parliamentary tactics or other decisions, seek to frustrate the passage of a bill we both agree is a good and important one. It is for the benefit of the people of Victoria that it be allowed to proceed to consideration in the other place.

Mr FOLEY (Albert Park) — I thank the members preceding me for their contributions to this debate about the suspension of standing orders and the related issue of the government seeking to recommit a bill that needs to be passed by an absolute majority of members in this house in order for it to be enacted.

As the Leader of the House and the Attorney-General have very lucidly set forth in their contributions, there is ample precedent in this chamber, in other Westminster chambers and in past practice for the house to adopt procedures that enable it to reconsider a vote that has previously been taken. It is important to recognise that when the Courts Legislation Amendment (Judicial

Officers) Bill 2013 was put to the house, it was supported by the house. There were no votes against the bill. The bill was supported by every member present in the chamber. It therefore comes down to a matter of very clear common sense, I put it to you, Speaker, that if both sides of the chamber support the bill and its content, why would we not be supporting procedures to allow it to proceed? As I say, it is not rocket science.

The member for Lyndhurst confirmed in his contribution that the Labor Party supports this bill, wants it to pass and proceed to be considered in the other place. On that basis it would be contradictory for members who say they support the bill to oppose a mechanism by which that bill can progress. I understand, obviously, that the issues around events on

Thursday of the last sitting week were ones which probably do not bear a lot of reflection on at one level, and I understand there were concerns on different sides of the house. We are talking, however, about important

During this debate several members from both sides have touched upon the fact that the government benches bear responsibility for the management of this house and the related processes of government. It is the role of this side of the house to hold the government to account in the finest traditions of the Westminster system. There are many occasions in the execution of the roles of both sides in that debate to bring important questions to bear.

The Treasurer and other members who preceded me reflected in a general way on the issues surrounding and the circumstances in which the bill that is the subject of this motion came before the Parliament last time. The circumstances at that time prohibited the government getting the absolute majority it sought. For the good working of the house, it is the responsibility of the managers of government and opposition business — the leadership of both sides — to ensure a working relationship at some level so that the processes of this house can be properly executed. Those circumstances were not there on Thursday of the last sitting week, and that was clearly reflected in the government failing to get an absolute majority for this bill.

Turning to the circumstances surrounding this bill, it is not that we the opposition fervently oppose its content; in fact we have indicated that we will not oppose it.

However, we have indicated that on the broader principle of ensuring as smooth a running of this place

COURTS LEGISLATION AMENDMENT (JUDICIAL OFFICERS) BILL 2013

Angus, Mr

Asher, Ms

Baillieu, Mr

Battin, Mr

Bauer, Mrs

Blackwood, Mr

Bull, Mr

Burgess, Mr

Clark, Mr

Crisp, Mr

Delahunty, Mr

Dixon, Mr

Fyffe, Mrs

Gidley, Mr

Hodgett, Mr

Katos, Mr

Kotsiras, Mr

McCurdy, Mr

McIntosh, Mr

McLeish, Ms

Miller, Ms

Wednesday, 16 October 2013 ASSEMBLY 3405 as possible there needs to be a responsible, engaged and, at times, mature approach to the practicalities of how this house runs. It would bode well for those on the government benches to abide by that principle in dealing with consultation with the opposition on key questions for which they need not just the support of the member for Frankston but indeed the support of a substantial number of members on this side of the house to execute their agenda, where that part of the agenda is not controversial enough for the opposition to seek to frustrate the government’s efforts and, in the holding of the government to account, oppose those arrangements.

Brooks, Mr

Campbell, Ms

Carbines, Mr

Carroll, Mr

D’Ambrosio, Ms

Donnellan, Mr

Duncan, Ms

Edwards, Ms

Eren, Mr

Foley, Mr

Garrett, Ms

Graley, Ms

Halfpenny, Ms

Helper, Mr

Hennessy, Ms

Herbert, Mr

Howard, Mr

In this particular circumstance the opposition’s view is that the government’s motion to seek to suspend standing orders does not warrant the opposition’s support insofar as the procedures of this house go.

There are significant alternative and important propositions before the Parliament to ensure that the business and arrangements of this place are conducted in proper order. We look forward to those, and we look forward to the government pursuing whatever alternative arrangements it has in terms of seeking to recommit this bill. However, we do not, in the circumstances before us today, see any merit in the government’s proposition to seek to suspend standing orders in order to allow this bill to be resubmitted in the terms that it has been presented to us so far. I will leave my contribution there.

Motion agreed

COURTS

The

LEGISLATION

(JUDICIAL

SPEAKER

AMENDMENT

OFFICERS) BILL 2013

— Order! I advise the house that I am of the opinion that the third reading of the bill requires to be passed by an absolute majority. The question is:

That this bill be now read a third time.

Resubmitted majority. to.

Resubmission of question question

Knight, Ms

Languiller, Mr

Lim, Mr

McGuire, Mr

Madden, Mr

Merlino, Mr

Nardella, Mr

Neville, Ms

Noonan, Mr

Pakula, Mr

Pallas, Mr

Pandazopoulos, Mr

Perera, Mr

Scott, Mr

Thomson, Ms

Trezise, Mr

Wynne, Mr agreed to by absolute

House divided on motion:

Read third time.

COURTS AND OTHER JUSTICE

LEGISLATION AMENDMENT BILL 2013

Ayes, 41

Morris, Mr

Mulder, Mr

Napthine, Dr

Newton-Brown, Mr

Northe, Mr

O’Brien, Mr

Powell, Mrs

Ryall, Ms

Ryan, Mr

Smith, Mr R.

Southwick, Mr

Sykes, Dr

Thompson, Mr

Tilley, Mr

Victoria, Ms

Walsh, Mr

Watt, Mr

Wells, Mr

Wooldridge, Ms

Wreford, Ms

Statement of compatibility

Mr CLARK (Attorney-General) tabled the following statement in accordance with Charter of

Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Courts and

Other Justice Legislation Amendment Bill.

In my opinion, the Courts and Other Justice Legislation

Amendment Bill 2013, as introduced to the Legislative

Assembly, is compatible with human rights as set out in the charter act. I base my opinion on the reasons outlined in this statement.

The bill makes a number of miscellaneous amendments to court and justice system legislation. The provisions of the bill that are relevant to the human rights set out in the charter act are as follows.

Allan, Ms

Barker, Ms

Beattie, Ms

Noes, 40

Hutchins, Ms

Kairouz, Ms

Kanis, Ms

COURTS AND OTHER JUSTICE LEGISLATION AMENDMENT BILL 2013

3406

Court Security Act 1980 amendment

The bill amends the Court Security Act 1980 to expand the definition of court premises to include any place where a court is constituted and exercising the powers of the court for the time being. This would have the result that court authorised officers will be able to exercise their powers, such as their powers of search and questioning, in those areas.


Births, Deaths and Marriages Registration Act 1996 amendment

The bill amends the Births, Deaths and Marriages

Registration Act 1996 to reduce the circumstances in which an adult may apply to the registrar for registration of a change of the person’s name and reduce the circumstances in which the parents of a child may apply to the registrar for registration of a change of the child’s name. These amendments are relevant to a person’s right not to have his or her privacy or family unlawfully or arbitrarily interfered with as set out in section 13 of the charter act.

The amendment is relevant to section 13 of the charter act, which provides that a person has the right not to have his or her privacy unlawfully or arbitrarily interfered with. Any interference with privacy under the Court Security Act 1980 will be pursuant to the powers conferred by that act, and serve the legitimate and necessary purpose of ensuring that court premises remain safe areas for the public and that courts can perform their functions free from harm. As such, the amendments to the Court Security Act 1980 do not amount to an unlawful or arbitrary interference with privacy.

The additional requirements will be prescribed by statute and the powers of births, deaths and marriages registrars will remain prescribed by, and subject to, law. The amendments are designed to prevent fraud and the abuse of change of name processes. As such, the amendments do not amount to an unlawful or arbitrary interference with privacy or family.

The amendment may also be relevant to the freedom of movement set out in section 12 of the charter act, where a court convenes outside of a court building. Court authorised officers will have power to remove a person from court premises where the person does not submit to a demand under section 3(1) or a requirement under section 3(3) of that act.

The rights set out in the charter act may be subject to reasonable limits under section 7(2) of the charter act.

Further, the scope of the right to freedom of movement is arguably subject to a range of internal limits implicit in a free and democratic society based on the rule of law. The amendment is necessary to ensure the safety of the public and court staff where a court conducts its operations outside of a court building. The definition ensures that the area deemed to be court premises for the purposes of the Court Security Act

1980 will be limited to the area where the court is performing the functions of the court and the immediate vicinity, and limited to the duration of the court hearing. Accordingly, any limitation imposed on the right to freedom of movement is demonstrably justified under section 7(2) of the charter act.

Magistrates’ Court Act 1989 — Assessment and referral court list amendment

The Magistrates’ Court Act 1989 currently provides that persons charged with a serious violence offence, a violent offence or a sexual offence (as defined in the Sentencing Act

1991), are currently not eligible to participate in the assessment and referral court list (ARC list). The bill amends the Magistrates’ Court Act 1989 to remove this restriction. As a result, a larger pool of people will be eligible to participate in the ARC list.

Section 4U of the Magistrates’ Court Act 1989 confers powers on the Magistrates Court, including power to require participants in the ARC list to reveal personal and medical information to treatment providers and the court. The provision of such information is necessary to achieve the goals of the ARC list, namely to ensure that people charged with an offence who have a mental illness or cognitive impairment receive appropriate treatment. Furthermore, participation in the list is voluntary and requires the consent of the accused. As such, the powers of the court do not amount to an unlawful or arbitrary interference with privacy.

Terrorism (Community Protection) Act 2003 amendment

A number of human rights set out in the charter act are relevant to the Terrorism (Community Protection) Act 2003

(TCP act). Section 38 of the TCP act provides that the minister must cause a review of the operation of the act to be completed and a copy of the report laid before each house of

Parliament by 31 December 2013. This bill extends the reporting date to 31 December 2014 so that the review of the

TCP act can have proper regard to the Council of Australian

Governments review of counter-terrorism legislation. The bill will not otherwise affect the operation of the TCP act.

Robert Clark, MP

Attorney-General

Mr CLARK

Second reading

(Attorney-General) — I move:

That this bill be now read a second time.

The bill contains a range of measures to support the efficient and effective operation of Victoria’s courts and tribunals. The bill: enhances safety within court premises by providing a more functional definition of court premises in the

Court Security Act 1980; improves the efficiency and effectiveness of court processes in the assessment and referral court (ARC) list in the Magistrates Court; helps prevent certain unmeritorious proceedings by requiring leave to appeal in all statutory demand matters in the Supreme Court; enables a broadening of representation on the Legal

Costs Committee; and maintains the legislative basis for the

Neighbourhood Justice Centre (NJC).



In addition, the bill will make a number of amendments to benefit the broader justice system by:

3407 model so the court can handle cases relevant to the list as effectively as possible. validating certain acts and decisions of bail justices who continued to act after the time of expiration of their appointments; bringing Victorian change of name processes into line with national best practice recommendations;

As proposed by the court, the bill will remove certain eligibility restrictions for the list, in order to give the

ARC list magistrates greater flexibility to determine suitable candidates for the list taking into account all of the relevant circumstances. ensuring the proper functioning of the Police

Registration and Services Board by updating references in its governing act to the previous board; postponing the statutory review reporting date of the

Terrorism (Community Protection) Act 2003 to enable consideration of any recommendations arising from a pending review of national counter-terrorism laws; and

This bill will also remove the current requirement for accused persons to have their ARC list involvement terminated if they indicate that they will be pleading not guilty, by specifying that only actual formal pleas of not guilty will result in the termination of an accused person’s ARC list involvement. It is expected that this will encourage earlier plea indications, thereby improving the effectiveness of the handling of matters. updating references in legislation to reflect the change of title of the Federal Magistrates Court to the Federal Circuit Court of Australia.

The bill will also introduce a requirement that an accused person must enter a formal plea before an individual support plan can be approved by an ARC list magistrate.

Supreme Court Act — statutory demand matters

Court security

The Court Security Act 1980 provides for the secure and orderly operation of Victoria’s courts and tribunals.

The scope of the Court Security Act 1980 is limited by the definition of court premises within the act. The current definition has caused uncertainty for court officers in some contexts as to whether the act applies outside of court buildings. The bill proposes to clarify the definition of court premises by specifying that the definition applies to specified areas outside of court buildings and that it also applies when court proceedings occur at offsite locations, such as when a trial court jury visits a crime scene.

Legal Profession

Committee

Act 2004 — Legal Costs

Assessment and referral court list

The bill will amend the Supreme Court Act 1986 to ensure that all appeals in relation to statutory demand matters are subject to leave of the court. In certain limited circumstances, litigants may appeal determinations in statutory demand matters without leave. The amendment will allow Supreme Court judges and associate judges to consider whether applications for all appeals in relation to statutory demand matters ought to proceed in court. The expected result is a reduction in vexatious and unmeritorious appeals.

The bill proposes changes to the ARC list as established by the Magistrates’ Court Amendment (Assessment and Referral Court List) Act 2010. The ARC list is a specialist court list pilot that began operations in the

Melbourne Magistrates Court in 2010 to provide for cases where an accused person has a mental illness and/or a cognitive impairment. It deals with cases at the lower end of the range of offence seriousness, both through the criteria applied by magistrates in deciding on admission to the list, and because more serious cases are not eligible for consideration for admission to the list because they proceed by way of indictment, committal and trial in the higher courts.

The Magistrates Court regularly reviews the operations of the ARC list to seek opportunities to improve the

Currently under the Legal Profession Act 2004, the chief justice and chief judge only have the power to nominate a judge of their respective court to the Legal

Costs Committee. However, other judicial officers, for example associate judges in the Supreme Court, are performing a more significant role in the court system and so it is timely to empower the chief justice to nominate other judicial officers of the Supreme Court to the Legal Costs Committee.

The bill amends the Legal Profession Act 2004 by extending the chief justice’s nomination power to associate and reserve judges. The same function is also extended to the Chief Judge of the County Court to allow the chief judge to nominate a reserve or associate judge.


3408

Neighbourhood Justice Centre

The sunset clause in the Courts Legislation

(Neighbourhood Justice Centre) Act 2006 is due to repeal the Neighbourhood Justice Centre’s legislative basis on 31 December 2013. The government has provided ongoing funding to the Magistrates Court in the 2013–14 state budget to continue the work of the

NJC, which under the current government is playing a valuable role as an innovation hub to pioneer and pilot reforms that can be applied more broadly across the court system. The bill will preserve the legislative basis of the NJC by removing its legislative sunset.

Validation of bail justice acts and decisions


The amendments align Victoria with the national recommendations by ensuring that: a person born in Victoria must apply for a change of name in Victoria; a person born in Australia but outside of Victoria cannot apply to change their name in Victoria (they must change their name in the jurisdiction in which their birth is registered); and a person born overseas may only change their name in a jurisdiction if they have resided in that jurisdiction for at least 12 consecutive months immediately preceding the date of application.

The bill will also validate the acts and decisions of bail justices who, pursuant to transitional provisions in the

Magistrates’ Court Act 1989, purported to act after their appointment as a bail justice expired.

The bill also specifies limited circumstances in which that 12-month residency requirement can be waived.

Police Regulation Amendment Act 1958

Prior to amendments passed in 2010, bail justices were appointed for an ongoing period. The Bail Amendment

Act 2010 introduced fixed terms of office for bail justices and provided for existing bail justices to be transitioned to terms of office that would expire on particular dates depending on when they were appointed. Due to an administrative oversight in notifying expiring appointees during the transition to the new system, it has been identified that least one bail justice continued to perform duties in good faith after the time of expiry of their appointment.

On 1 July 2013, the Police Regulation Amendment Act

2012 amended the Police Regulation Act 1958 to, among other things, abolish the Police Appeals Board and establish the Police Registration and Services

Board. The bill inserts a provision allowing the president or the deputy president to exercise the functions of the Police Registration and Services Board, and also corrects three references to the Police Appeals

Board in the Police Regulation Act 1958.

Reviews under

Protection) Act the Terrorism

2003

(Community

The decisions of such bail justices are likely to be valid by virtue of the de facto officer doctrine, but from an abundance of caution and in order to provide certainty, the bill provides that those acts and decisions are valid.

It is important to note that the bill will only validate those past decisions that could be found to be invalid solely on the grounds that the person’s appointment had expired, and not for any other reason.

The bill amends sections 38(1) and 38(2) of the

Terrorism (Community Protection) Act 2003, which currently requires the relevant minister to arrange for a review of the operation of the act to be conducted and a report tabled in Parliament by 31 December 2013. The bill extends the date for review and tabling to

31 December 2014.

Victorian change of name processes

This bill amends the Births, Deaths and Marriages

Registration Act 1996 to implement two recommendations of a discussion paper, Ten

Recommendations for a Better Approach to Change of

Name Processes in Australia, that was endorsed by the

Standing Council on Law and Justice in November

2011. The recommendations are intended to be adopted in each Australian jurisdiction as a measure to prevent criminal abuse of the change of name process and potential fraud.

A review of Australian counter-terrorism laws was conducted under the auspices of COAG and was tabled in the commonwealth Parliament on 14 May 2013. The review looked at significant aspects of Victoria’s

Terrorism Act, including the provisions related to preventative detention orders (part 2A) and provisions related to special police powers (part 3A).

These provisions are based on models developed by the commonwealth in conjunction with the states and territories and there are consistent legislative schemes addressing these specific powers across the nation.



Overview of bill The commonwealth has commenced work to consider the COAG report and its recommendations and is expected to table a government response in due course.

The purpose of this bill is to amend the:

Commonwealth Places (Mirror Taxes Administration)

Act 1999 to simplify the legislative scheme for the imposition of mirror taxes;

The government believes that the Victorian statutory review should occur following consideration of the

COAG report and the commonwealth government’s pending response to that report. Given the delays that have occurred in the commonwealth processes, it is necessary to provide additional time for the Victorian review to be undertaken following completion and publication of the commonwealth government’s response to the COAG report.

Duties Act 2000 and the Taxation Administration Act

1997 (Taxation Administration Act) to support the introduction of a national electronic conveyancing system;

Financial Management Act 1994 to enable the

Governor-in-Council to direct specific government entities to comply with procurement policy made by the

Victorian Government Purchasing Board;

3409

References to the Federal Magistrates Court

Land Tax Act 2005 (Land Tax Act) to extend the circumstances for claiming the principal place of residence exemption in certain cases;

Under the Federal Circuit Court of Australia

Legislation Amendment Act 2012 (cth), the commonwealth Federal Magistrates Court changed its title to ‘the Federal Circuit Court of Australia’. The title of Federal Magistrate was also changed to ‘Judge’ and that of the Chief Federal Magistrate to the ‘Chief

Judge’.

Unclaimed Money Act (Unclaimed Money Act) to reform the delegation powers, provide for the disclosure of information to certain recipients, and make minor technical amendments.

Human rights issues

1. Human rights protected by the charter that are

relevant to the bill

Accordingly, this bill will amend references in sections 3(1) and 35(1) of the Australian Crime

Commission (State Provisions Act) 2003, section 3 of the Corporations (Administrative Actions Act) 2001, section 3 of the Co-operative Schemes (Administrative

Actions) Act 2001 and section 14(5)(ac)(i) of the

County Court Act 1958.

I commend the bill to the house.

This bill engages the following human rights protected under the charter act:

Right to privacy and reputation

Section 13 of the charter act provides that a person has the right not to have his or her family, home or correspondence unlawfully or arbitrarily interfered with.

Debate

(Richmond).

Debate adjourned adjourned

STATE on motion until Wednesday,

TAXATION

LEGISLATION of Mr

AND

WYNNE

30 October.

FINANCIAL


Clause 26 amends section 77 of the Unclaimed Money Act to allow State Revenue Office (SRO) staff, to disclose information to the legal services board and legal services commissioner who are responsible for regulating the legal profession in Victoria and investigating the conduct of legal practitioners. Clause 26 also amends section 77 to allow SRO staff to provide unclaimed money information to the

Australian Securities and Investment Commission (ASIC) as the commonwealth agency responsible for regulating

Australian companies.


Mr O’BRIEN (Treasurer) tabled following statement in accordance with Charter of Human

Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the State Taxation and Financial Legislation Amendment Bill 2013.

In my opinion, the State Taxation and Financial Legislation


Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement.

The Unclaimed Money Act requires businesses, including legal practices and trusts, to retain unclaimed money for one year and then, if it remains unclaimed, lodge these amounts with the SRO. Once unclaimed money is lodged with the

SRO it is available to be searched, allowing people to trace and claim any unclaimed money to which they are legally entitled. If businesses fail to lodge unclaimed money with the

SRO, they are appropriating funds to which they are not legally entitled. The SRO oversees compliance with lodgement requirements and will audit or investigate law practices and businesses that fail to lodge as required. The right to privacy is relevant to this amendment because it will allow the disclosure of personal information identified in records of the law practice or company, including a person’s name and address, to the legal services board, legal services commissioner and ASIC.


3410

The purpose of this amendment is to allow the SRO to provide information to the appropriate regulator so they can prevent, investigate, and remedy improper conduct in relation to unclaimed money on behalf of Victorians. The opportunity for secondary disclosure of this information is limited, as it an offence to disclose information obtained from the SRO unless the registrar of unclaimed money consents to the disclosure and the disclosure is made for the purposes of enforcing a law or protecting the public revenue.


Accordingly, clause 14 impacts on the right to equality and discrimination under the charter because it provides a land tax exemption based on disability, which is a protected attribute under the Equal Opportunity Act 2010.

Section 8(4) of the charter act provides that measures taken for the purpose of assisting or advancing persons disadvantaged because of discrimination, do not constitute discrimination. This amendment is being provided to ensure that a disabled beneficiary receives the same principal place of land tax exemption as other individuals. For these reasons, the disclosure of information to the legal services board, legal services commissioner and ASIC is not unlawful or arbitrary and does not limit the right to privacy in the charter act.

Therefore it is considered that this amendment falls within the exception in section 8(4) and does not limit the right to equality and discrimination under the charter.

Clause 17 amends section 92 of the Taxation Administration

Act to allow SRO staff to disclose information in connection with the provision, operation, or use of an electronic lodgement network (ELN). The ELN will underpin a national electronic conveyancing system, which is being developed to facilitate the transfer of land electronically.

In Victoria, duty is charged on transfers of land. To protect the public revenue, a land transfer cannot be lodged with the registrar of titles unless duty has been paid. These amendments will allow the SRO to submit details of a duty transaction into the electronic system, so that the SRO can confirm duty payment electronically. This may include personal information such as the name, address and date of birth of the vendor and purchaser.

Clause 15 amends section 56 of the Land Tax Act to remove the six-year time limit for claiming the principal place of residence exemption where a person can no longer live independently and moves into care. While eligibility for this exemption is not limited to a particular class of individuals, the individuals that generally qualify for this exemption are the aged and the disabled. To the extent that clause 8 provides a land tax exemption based on age or disability, it may represent a limitation on an individual’s right to recognition and equality before the law. However, for the same reasons as clause 14 above, this amendment falls within the exception in section 8(4) and does not limit the right to equality and discrimination under the charter.

Conclusion

This amendment safeguards the revenue by ensuring that a land transfer cannot be lodged using the new system without payment of duty. Information disclosed under this provision will only be available to a limited group of people, including the registrar of titles and operators of the national electronic conveyancing system. A conveyancer or legal practitioner acting on behalf of the vendor or purchaser may also have access to this information, however their access will be limited to details relevant to their transaction and they will be required to enter into a participant agreement before access is granted. Any person who obtains information under this provision is also governed by secondary disclosure provisions in the Taxation Administration Act which prohibit on-disclosure unless the commissioner of state revenue consents to the disclosure, and the disclosure is for the purposes of enforcing a law or protecting the public revenue.

For these reasons, the disclosure of information is not unlawful or arbitrary and does not limit the right to privacy in the charter act.

Recognition and equality before the law

I consider that the bill is compatible with the charter act.

Hon. Michael O’Brien, MP

Treasurer

Mr O’BRIEN

Second reading

(Treasurer) — I move:


The State Taxation and Financial Legislation

Amendment Bill 2013 makes amendments to the

Commonwealth Places (Mirror Taxes Administration)

Act 1999 (mirror taxes administration act), Duties Act

2000 (Duties Act), Financial Management Act 1994

(Financial Management Act), Land Tax Act 2005

(Land Tax Act), Taxation Administration Act 1997

(Taxation Administration Act), and Unclaimed Money

Act 2008 (Unclaimed Money Act).

Section 8(3) of the charter act provides that every person is equal before the law and is entitled to equal protection of the law without discrimination within the meaning of the Equal

Opportunity Act 2010 on the basis of an attribute set out in section 6 of that act.

Clause 14 amends section 52 of the Land Tax Act to provide the trustee of a special disability trust with a land tax exemption in respect of any property which is used and occupied as the principal place of residence of the principal beneficiary of a special disability trust.

A special disability trust can be established by parents and immediate family members to plan for the future care and accommodation needs of a person with a severe disability.

Mirror tax arrangements were introduced in 1998 to overcome constitutional obstacles to the application of state taxes to commonwealth places. Under these arrangements the commonwealth passed laws to turn certain state tax laws into commonwealth law, allowing the Victorian government to subject commonwealth places to the same tax treatment as the rest of the state.

At the same time the Victorian government passed the mirror taxes administration act, to provide for the administration and collection of mirror tax revenue.



Currently, customised amendments are required to state taxing laws to ensure that taxpayers operating in both commonwealth places and elsewhere in the state are required to comply with only one set of taxation obligations and pay one amount of tax. This has administrative costs for the Victorian government, as ongoing legislative amendments are required, and increases red tape for business by adding unnecessary volume and complexity to the tax law. This bill seeks to simplify the operation of the mirror taxes regime by amending the mirror taxes administration act to allow modifications to be read into the relevant state tax laws.

This will provide a more sustainable foundation for the administration of mirror taxes and will reduce costs for business by making the tax system less complex. relation to the minor volumes of procurement that they undertake.

The amendment will extend the VGPB’s ability to ensure entities which are engaged in procurement activity that is complex and of high strategic value to the state, comply with the VGPB’s procurement policies.

This government is committed to supporting Victorian families, especially those with special needs. This bill supports that commitment by introducing a land tax exemption for land owned by the trustee of a special disability trust that is used and occupied as the principal beneficiary’s principal place of residence. This measure will relieve the trustee from land tax, providing much-needed support to families who wish to make their own arrangements for family members with a severe disability.

This bill makes consequential amendments to the

Duties Act and the Taxation Administration Act which support the introduction of a national electronic conveyancing system. These amendments make provision for dutiable transactions to be effected electronically and authorise the State Revenue Office to disclose information in connection with the operation of the system. This national electronic conveyancing system is expected to provide substantial time and cost efficiencies for the conveyancing industry and reduce costs for Victorians on the sale and purchase of land by reducing disbursements and increasing the efficiency of the settlement process. Victoria is the first state to amend its taxation laws in readiness for the national electronic conveyancing system. This underscores this government’s commitment to reducing red tape and relieving cost of living pressures felt by Victorians.

Last year this government introduced an important new land tax exemption for Victorians transitioning into care. Under this exemption a person can continue to claim the principal place of residence exemption for up to six years after they leave the family home to go into permanent care provided the home is not rented out.

This government now seeks to extend this exemption by removing the six-year time limit. This will alleviate the need to transfer the property to a family member to maintain the exemption where the home owner remains in care for more than six years. This measure removes this potential burden, and in doing so recognises one of the unique challenges faced by Victorian families with a family member in care.

This bill amends the Financial Management Act to enable greater consistency in and better governance of goods and services procurement by the Victorian

Government Purchasing Board (VGPB). These amendments will ensure that specific entities that are not departments or administrative offices which undertake a considerable volume of goods and services procurement but are not currently subject to the procurement provisions of the VGPB can be required to comply with those provisions. Although currently these entities can choose to comply voluntarily with VGPB policies, they cannot be compelled to do so.

This bill also makes a number of amendments to the

Unclaimed Money Act. First, it amends the Unclaimed

Money Act to ensure the functions and delegations of the Registrar of Unclaimed Money are clearly conferred and aligned with equivalent functions and powers in other legislation administered by the State

Revenue Office.

At the same time, the amendment provides for relief from compliance with some VGPB provisions in certain cases. For example, some smaller entities, either currently subject to the VGPB’s oversight or which will be brought under it by an order made under these amendments, but which undertake a small volume of transactional, low-risk procurement activity, may be relieved of some requirements that are onerous in

This bill also amends the Unclaimed Money Act to allow the State Revenue Office to disclose particular information to the legal services board, the legal services commissioner and Australian Securities and

Investment Commission. This is an important amendment which will ensure the SRO can disclose any irregularities identified in the accounts of a company or law practice during an unclaimed money investigation to the appropriate regulator. In doing so, this amendment supports the regulatory and integrity functions of these agencies which have been established to protect consumers against dishonest and fraudulent conduct.

TRANSPORT ACCIDENT AMENDMENT BILL 2013

3412



(Richmond). on motion of Mr WYNNE

ASSEMBLY

Finally, this bill extends the requirement to pay into the

Consolidated Fund any money paid into court that remains unclaimed for 15 years, to the senior master of the Supreme Court of Victoria. This will ensure that the senior master is able to deal efficiently and appropriately with unclaimed funds.

Wednesday, 16 October 2013 suspension, but may still be liable for damages outside the act.

The nature of an examination conducted pursuant to this clause will not, in most cases, involve any procedures which could constitute medical treatment. Further, the examinations will not limit the right in section 10(c), because such examinations will only take place where consent has been provided. While there is a consequence for failing to submit to an examination, in that it may mean that a person ceases to be eligible for compensation under the act, this does not mean that a person submitting to an examination was coerced to do so. Consequently, the right in section 10(c) is not limited.

Debate adjourned until Wednesday, 30 October.

Right to privacy

TRANSPORT ACCIDENT

BILL 2013

AMENDMENT


Section 13(a) of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily interfered with. Several clauses of the bill permit the commission to access information that is likely to be private and otherwise confidential.

Clause 21



In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the ‘charter act’), I make this statement of compatibility with respect to the Transport

Accident Amendment Bill 2013 (the ‘bill’).

In my opinion, the bill, as introduced to the Legislative


In addition to the right to freedom from medical treatment without consent, I have also considered whether the obligation in clause 21(2) to submit to medical examinations limits the right to privacy. Medical examinations required under this clause serve the important purpose of accurately assessing the commission’s liability for transport accidents.

As discussed above, such examinations will only occur with consent. For these reasons, I do consider that clause 21(2) does not arbitrarily or unlawfully interfere with the right to privacy.

Clause 24

Overview of bill

The purposes of the bill are to amend the Transport Accident

Act 1986 to improve the operational and administrative efficiency of the Victorian transport accident compensation scheme, and to update and extend certain claimant benefits to persons injured in transport accidents.

Clause 24 inserts a new provision into part 4 of the act. The provision requires a person who makes a claim for compensation to, upon a request by the commission, sign an authority releasing relevant medical or other information to the commission for the purpose of processing, assessing or otherwise managing the claim. An authority to release information under this clause is effective and cannot be revoked until the claim is finally determined.


Human rights protected by the charter act that are relevant

to the bill

Medical treatment without consent

Section 10(c) of the charter act provides that a person has the right not to be subjected to medical treatment without his or her full, free and informed consent.

Although this clause provides the commission with access to personal information, it is clearly necessary to properly administer the scheme, and to prevent fraudulent or inaccurate claims for compensation. It also improves administrative efficiency by ensuring that the commission is able to access all relevant information to a transport accident injury, without the need to request and receive additional authorities. The nature of the information to be accessed is clearly confined by clause 24 to serve these legitimate purposes.

Clause 21(2) amends section 71(1) of the Transport Accident

Act 1986 (the ‘act’), which provides the Transport Accident

Commission (the ‘commission’) with the power to require an injured person who claims or receives compensation under the act to submit, ‘from time to time’, for medical examinations. Clause 21(2) extends the commission’s power to direct persons to undergo a medical examination to include persons who claim compensation from the commission otherwise than under the act. A person who refuses or fails without reasonable excuse to comply with a request to submit for examination will have their right to compensation under the act suspended. The commission is not liable to pay compensation under the act to a person during this period of

I also note that persons injured in a transport accident voluntarily bring themselves within the ambit of this clause by making a claim under the act. They do so on the understanding that all matters relevant to their statutory entitlements, including particulars of injury and rehabilitation progress are to be scrutinised and assessed. Moreover, a person may at any time revoke an authority by withdrawing their claim for compensation.

Additionally, section 131 of the act provides that past and current employees of the commission must not disclose personal information obtained pursuant to clause 24 for any


Wednesday, 16 October 2013 purpose other than except as authorised by or in respect of a matter or for a purpose arising under the act.

In my view, clause 24 does not infringe the right to privacy as it does not constitute an arbitrary or unlawful interference with the right.

Clause 31

Clause 31 amends section 127 of the act, which concerns the commission’s powers to access the employment information of an injured person who makes a claim for compensation.

Specifically, clause 31 extends the definition of ‘employer’ in this section to include all employers of an injured person up to three years prior to the transport accident, and the employers of that person after the accident. It also extends the section to cover employers of independent contractors and volunteers who are injured in a transport accident.

ASSEMBLY 3413 long-term behavioural disturbance or disorder for the purposes of serious injury. This provision has been developed in consultation with the Department of

Health, including the chief psychiatrist. The clinical criteria will encourage people who were directly exposed to a transport accident and who have suffered a recognised mental illness or disorder to seek treatment by a registered mental health professional, to improve their chances of getting their life back on track as soon as possible.

The clause is necessary to enable the commission to undertake an accurate assessment of the appropriate loss of earnings compensation to be provided to the injured person. It also ensures that the commission can deliver proper vocational rehabilitation services to the injured person. Only information which the commission reasonably requires to fulfil these functions will be sought under this clause.

Moreover, clause 31 is subject to the secrecy provisions in s 131 of the act, and a person may deny the commission access to information by withdrawing their claim for compensation at any time.

Spinal injuries arising from transport accidents have long been assessed according to the American Medical

Association’s Guides to the Evaluation of Permanent

Impairment (fourth edition) (‘the AMA guides’). A decision of the Supreme Court, Serwylo v. TAC , has now changed the way that spinal impairments are assessed. The core of the Serwylo case was related to the assessment of multiple fractures. Multiple fractures had previously been assessed with reference to whether they resulted in multiple levels of spine segment structural compromise, rather than by the simple presence of multiple fractures (of any kind) in an assessment region of the spine.

In my view, clause 31 is therefore appropriately confined and subject to adequate safeguards, and is compatible with the right to privacy as protected by s 13(a) of the charter act.


Treasurer

The outcome of Serwylo is that many scores for spinal injuries which were previously assessed at category II — 5 per cent whole person impairment — are now to be assessed at category IV in the 20 per cent or 25 per cent range.

Mr O’BRIEN

Second reading

(Treasurer) — I move:


This bill is the result of the government’s commitment to maintain the integrity and improve the operational efficiency of the Transport Accident Commission scheme to ensure it remains financially viable so that it can support injured Victorians well into the future.

The objectives of the bill are to clarify the Transport

Accident Act 1986 (the act), increase some client benefits and address anomalies.

The Serwylo decision creates significant inequities among Victorians who are injured in transport accidents whereby some spinal injuries that result in relatively low levels of disability will be compensated substantially more than other injuries, such as brain injuries, that result in more significant disability.

The TAC has reviewed a range of possible solutions to address the consequences of this court decision and notes that guidelines have been implemented in other jurisdictions to regulate how examiners make assessments of multiple spinal fractures. Guidelines are in place for the motor accidents authority in NSW, which has a set of guidelines that modify the AMA guides and provide extensive guidance about the methodology of assessing impairment, including spinal impairment.

Legislative amendments relating to the original intent of the act

As a community we know much more about mental illness than we did when the TAC scheme was established in 1986. The government understands that recovering from a transport accident can be a very emotional and challenging time. This bill introduces clauses that, for the first time, set out clinical criteria of what constitutes a severe long-term mental or severe

This bill will enable the government to introduce guidelines to address this and any other anomaly that arises in the application of the AMA guides. Any guidelines issued will be subject to a regulatory impact statement.


3414 ASSEMBLY

The bill will clarify that the injury or death of a person through suicide, an intention to commit suicide or predominately through their own negligence does not give rise to an action by another person for damages in respect of mental injury (including nervous shock) where the other person was not directly involved in or witnessed the transport accident.

Wednesday, 16 October 2013 bereaved families by expanding this entitlement to cover a broader range of funeral expenses up to

$14 135 and provides for this amount to be indexed in line with the consumer price index.

The bill also confirms three other aspects of the scheme where there has been some challenge to the interpretation of the act. These are: that a person must have an accepted claim for compensation for their own personal injury in order to obtain a determination of impairment; that the term law of a place outside Victoria includes a law of the commonwealth to ensure that compensation cannot be obtained from two sources for the same injury; and to confirm that incidents involving the opening or closing of train, tram and bus doors are transport accidents.

Legislative benefits amendments relating to increased client

Following a transport accident, a key TAC rehabilitation objective is to return a claimant to work.

The TAC is currently able to pay up to 12 weeks of taxi travel to support claimants who are otherwise able to return to work but have difficulties with the commute.

The bill will extend the period available to receive assistance with travel to work from 12 weeks to

24 weeks.

In 2004 the TAC introduced individual funding agreements (IFAs) for severely injured clients. The

TAC remains committed to implementing effective

IFAs consistent with the philosophical approach that is now a feature of disability service provision across most Australian and a number of international jurisdictions. It is noted that self-purchasing is also the identified philosophical approach to the delivery of services under the national disability insurance scheme.

The act currently has a cap of $200 for aids, appliances or apparatus that can be purchased by clients under the terms of the IFA. The bill increases the cap to $1000.

Legislative amendments relating to improve the operational efficiency of the act

Currently under the act, family counselling benefits are capped at $5870 per claim. This bill will increases the cap on family counselling benefits to $15 000 per family claim. This will allow an immediate family member of a person who is killed or severely injured in a transport accident significantly improved access to mental health treatment to address their understandable grief. It is intended that this provision will apply to both new and existing claims.

Currently, travel or accommodation expenses for members of the immediate family visiting an injured person in hospital are capped to $7310. The bill will increase this benefit to $10 000 to be indexed annually.

It is intended that this provision will apply to both new and existing claims.

The TAC can currently reimburse the reasonable travel expenses of a client who is required to attend approved medical and rehabilitation services, travel to/from work in certain situations and travel to/from school for an eligible student. The bill extends reimbursement of reasonable travel costs to persons attending a registered training organisation, TAFE institute and university.

Currently, the TAC funds the reasonable cost of medical reports obtained by or on behalf of a client, in relation to injuries sustained in a transport accident. On average, clients attend eight medical examinations over the course of their claim, of which, only two are commissioned by the TAC. The remaining examinations are commissioned by the client’s legal representative in support of legal claims. To address the need for a client to attend multiple examinations and to minimise the occurrence of a client attending duplicate examinations in relation to the same specialisation, this bill will enable the TAC to reimburse medico-legal report expenses if the medico-legal report is requested jointly by the TAC and the person who is injured. It is intended that this provision come into operation on

1 July 2014 to inform and assist medical practitioners of this new policy change.

Legislative mop-up of amendments the act address anomalies and

The TA act currently provides for the payment of burial or cremation expenses up to $10 592.66 in the event of a death arising from a transport accident. The bill provides a far more flexible approach for assisting

The government is pleased to announce the winding up of the TAC’s obligations in relation to Pyramid

Building Society and associated entities. The outstanding moneys of approximately $2400 have been transferred into the Consolidated Revenue Fund in

TRANSPORT ACCIDENT FURTHER AMENDMENT BILL 2013

Wednesday, 16 October 2013 order for part 2A of the act to be repealed under this bill.

The bill addresses an anomaly for dependent children who were under the age of 18 at the time of the transport accident to ensure they can make a claim for dependency benefits at any time before attaining the age of 21 years, if no dependency claim has been made on their behalf. This right is already available to children who are injured in a transport accident.

ASSEMBLY 3415 after the alleged offence occurred. It also amends the definition of employer to include a person who is or was the claimant’s employer at any time prior to three years before the transport accident.

The bill clarifies that the diminution of hearing must be assessed as a binaural loss of hearing and that the TAC is only required to determine the degree of transport accident-related impairment of a person.

Currently, if a client is not participating in a vocational rehabilitation program, the TAC can, after providing appropriate warning, discontinue or suspend a person’s loss of earnings benefits. However, the power to discontinue or suspend benefits only applies during the first 18 months after a transport accident. The bill addresses this anomaly.

Finally, the bill amends the act such that the Governor in Council is not required to note a resignation of a member of the board. Members of the board seeking to resign from the board will be required to advise the responsible minister in writing. This is consistent with the practice of several other government boards and will streamline the resignation process for board members.

There has been a longstanding reduction in compensation as a result of convictions for certain offences under the Road Safety Act 1986. The bill addresses an anomaly in relation to providing that the

TAC is not liable to pay compensation other than medical and like services to the driver of a motor vehicle who is convicted of an offence in another state or territory that is declared by Order in Council to be equivalent to culpable driving causing death or dangerous driving causing death under the Crimes Act

1958.

The bill provides that a person who makes a claim for compensation must, as soon as practicable, sign an authority in a form approved by the commission, to release relevant medical or other information to the commission for the purpose of processing, assessing or otherwise managing the person’s claim.

Victorians can be rightly proud of the TAC and the work it does in ensuring people affected by road trauma get the most appropriate care, treatment and compensation. These reforms are about protecting the future of the scheme for the benefit of all Victorians by restoring the legislation to its original intent, improving the operational efficiency of the act and enhancing targeted and affordable benefit improvements.


Debate adjourned on motion of Mr PALLAS

(Tarneit).

Debate adjourned until

TRANSPORT

Wednesday,

ACCIDENT

AMENDMENT BILL

30 October.

FURTHER

2013


Currently, occupational therapy is funded under the act as a rehabilitation service, as this service was not previously a regulated health profession. Regulated health professions are funded as medical services under the act. Since 2010, occupational therapy has been a regulated health profession within the meaning of the

Health Practitioner National Regulation Law. The bill will provide that occupational therapy can now be funded as a medical service.

In 2007 the act was amended to allow an Order in

Council to be made fixing the contribution to be paid by a TAC claimant towards their daily living cost of supported accommodation. The bill provides for a provision which allows an amount fixed to be indexed each financial year.

The bill will increase the time limit for certain criminal prosecutions under the act, from two to three years,



In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the ‘charter act’), I make this statement of compatibility with respect to the Transport

Accident Further Amendment Bill 2013 (the ‘bill’).

In my opinion, the bill, as introduced to the Legislative



The purposes of the bill are to amend the Transport Accident

Act 1986 to enable the introduction of a fixed-cost model for any claim, application or proceeding under section 93 by order of the Governor in Council.

TRANSPORT ACCIDENT FURTHER AMENDMENT BILL 2013

3416


Human rights protected by the charter act that are relevant

to the bill

ASSEMBLY Wednesday, 16 October 2013 scheme to ensure it remains financially viable to support injured Victorians well into the future.

Right to fair trial and right to property

Section 24(1) of the charter act provides that a party to a civil proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

The objective of the bill is to amend the Transport

Accident Act 1986 (the act) to enable the introduction of a fixed-cost model by order of the Governor in

Council for any claim, application or proceeding under section 93 of the act.

Section 20 of the charter act provides that a person must not be deprived of his or her property other than in accordance with law.

Clause 5 of the bill inserts a new provision into the act which permits the Governor in Council to make a legal costs order specifying the legal costs that may be paid by the commission in respect of any legal proceedings brought otherwise than under the act. Litigated legal costs must only be recovered in accordance with such an order, which has the effect of limiting a court’s general jurisdiction with respect to costs. A legal costs order may apply generally or be limited to reference to classes of proceedings, costs, circumstances or factors.

The legislative provision will enable the introduction of a similar fixed-cost model as was implemented by the former Labor government in 2010 for the Victorian

WorkCover Authority scheme. At that time the former

Labor government described in its second-reading speech for the Transport Accident and Accident

Compensation Legislation Amendment Bill 2010 that the use of a fixed-cost order was ‘a prudent and financially responsible measure, which balances the sustainability of the common-law scheme while ensuring access to common-law damages continues to be provided for the most seriously injured’. This bill will achieve the same objective for the TAC scheme.

It may be argued that the introduction of a fixed-costs model for costs may indirectly limit the access a person has to legal advice and representation for a claim outside of the act.

Further, in certain circumstances, a person’s legal entitlement to costs of litigation may constitute property for the purposes of section 20 of the charter act.

The purpose of the clause is to allow persons to recover their reasonable costs, while also providing for the ongoing financial viability of the accident compensation scheme by ensuring that costs associated with litigating matters under the scheme remain reasonable. Any order made under these provisions must be made in accordance with the charter act, and must ensure that the right to a fair hearing is not unreasonably restricted. Consultation will be undertaken with the aim of fixing recoverable costs at realistic price points, and in a manner which is sufficiently flexible to take into account more complex matters. Additionally, orders made under these provisions will be subject to regular review.

For these reasons, I am satisfied that, in practice, clause 5 will not inhibit access to legal representation or access to the courts. I am also satisfied that any deprivation of property occasioned by the operation of clause 5 will be in accordance with law and, accordingly, the right to property in section 20 of the charter act is not limited.

The TAC scheme is experiencing similar significant legal cost pressures as a result of the increase in the cost of serious injury and damages actions brought in the

County Court. The amount paid by the TAC for legal costs to plaintiff lawyers has exceeded $50 million in the last financial year, with trends indicating further increases in the future, particularly in circumstances where a number of law firms and lawyers do not participate in the innovative Transport Accident Act

Common Law Protocols agreed between the TAC, the

Law Institute of Victoria and the Australian Lawyers

Alliance in 2004.

The bill will introduce a provision to enable a fixed cost order to be made similar to that of the Victorian

WorkCover Authority to ensure that effective financial control is maintained in relation to the legal costs of the common-law scheme for the TAC.

Section 85 of the Constitution Act


Treasurer

Second reading

I make the following statement under section 85 of the

Constitution Act 1975 outlining the reasons why it is the intention of clause 5 in the bill to alter or vary section 85 of the Constitution Act 1975.



This bill is the result of the government’s commitment to maintain the integrity and improve the operational efficiency of the Transport Accident Commission

Clause 5 inserts a new section 93B in the act, which will allow for the making of a legal costs order in respect of any claim, application or proceeding under section 93 of the act. The effect of issuing a legal cost order under this clause will be to limit the court’s

(including the Supreme Court) usual jurisdiction with regard to costs. As a result it is the intention of this

DRUGS, POISONS AND CONTROLLED SUBSTANCES AMENDMENT BILL 2013

Wednesday, 16 October 2013 ASSEMBLY clause to alter or vary section 85 of the Constitution Act

1975.

It is intended that the TAC will consult with legal stakeholders immediately with regard to the content of the proposed legal costs order with a view to introducing the revised costs from the day after royal assent. enable seized bongs, bong components or bong kits seized by Victoria Police in connection with the serving of infringement notices to be forfeited and destroyed in specified circumstances.


1. Human rights protected by the charter act that are


3417

Victorians can be rightly proud of the TAC and the work it does in ensuring people affected by road trauma get the most appropriate care, treatment and compensation. This reform is about protecting the future of the scheme for the benefit of all Victorians by improving the operational efficiency of the act.

Right to property and right to a fair hearing

Section 20 of the charter act provides that a person must not be deprived of his or her property other than in accordance with law. A deprivation of property is permitted if the powers which authorise the deprivation of property are conferred by legislation or common law, are confined and structured rather than unclear, are accessible to the public and are formulated precisely.

I commend this bill to the house.

Debate

(Tarneit).

Debate adjourned adjourned

DRUGS, on motion until

POISONS

SUBSTANCES

30 of

October.

AND

Mr PALLAS

CONTROLLED

AMENDMENT


BILL 2013

Section 24(1) of the charter act provides that a person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. This right relates to procedural fairness, which is the right of the party to be heard and to respond to allegations made against him or her, and the requirement that the court be unbiased, independent and impartial.

Forfeiture and destruction of seized items if infringement notice served


Services) tabled following statement in accordance with Charter of Human Rights and Responsibilities

Act 2006:

The DPCS act was amended in 2012 to make it an offence to display a bong, bong component or bong kit at a retail outlet or to sell or commercially supply such an item. Under Part

VC of the DPCS act, police may seize such items if they have reasonable grounds for suspecting that relevant offences have been committed and may issue infringement notices for applicable offences. Where a court finds a person guilty of a relevant offence, the court may order the forfeiture and destruction of the seized item.

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the ‘charter act’), I make this statement of compatibility with respect to the Drugs, Poisons and Controlled Substances Amendment Bill 2013.

In my opinion, the Drugs, Poisons and Controlled Substances


Assembly, is compatible with human rights as set out in the charter act. I base my opinion on the reasons outlined in this statement.


The purpose of the bill is to amend the Drugs, Poisons and

Controlled Substances Act 1981 (DPCS act) to:

The objective of part 4 of the bill is to allow seized bongs, bong components or bong kits to be forfeited and destroyed not only when so ordered by a court following a finding of guilt, but when an infringement offence is expiated, to prevent the seized items being returned to display, sale or supply.

Part 4 of the bill confines these additional powers of forfeiture and destruction to the expiation of the infringement offence by payment of the infringement penalty, as set out in clause 12. The circumstances in which seized items must otherwise be returned to the person served with the infringement notice are set out in clause 10. extend the definition of ‘drug of dependence’ to include drug analogues; include 30 synthetic substances or classes of synthetic substances in the list of drugs of dependence in schedule 11 of the DPCS act; allow Victoria Police to provide drugs of dependence, poisons or controlled substances, and substances or items used in illicit drug production to external laboratories in Victoria or in other states or the territories, for scientific testing and analysis; and

Specifically, clause 10 of the bill provides that police must take reasonable steps to return a seized bong, bong component or bong kit to the person on whom the infringement notice was served in certain circumstances.

These are if the police member withdraws the infringement notice without referring the matter to the Magistrates Court, filing the matter in the Children’s Court or issuing an official warning; if the Magistrates Court or the Children’s Court cancels the infringement notice; or if the Magistrates Court or the Children’s Court hears and determines the matter without making an order for forfeiture.


3418

Clause 12 of the bill provides that any bong, bong component or bong kit seized by police in connection with the serving of an infringement notice is forfeited to the Crown if the person served with the infringement notice expiates the offence by payment of the infringement penalty in accordance with the

Infringements Act 2006. Under clause 12(3) of the bill, the forfeited item may be destroyed in any manner the minister thinks fit, consistent with existing destruction powers under section 80ZD(2) of the DPCS act.

ASSEMBLY Wednesday, 16 October 2013 include 30 new synthetic substances or classes of synthetic substances in the list of drugs of dependence in schedule 11 of the Drugs, Poisons and

Controlled Substances Act 1981; allow Victoria Police to provide drugs of dependence, poisons or controlled substances, and substances or items used in illicit drug production to external laboratories in Victoria or in other states or the territories, for scientific testing and analysis; and

The forfeiture and destruction of seized bongs, bong components or bong kits amounts to a deprivation of property. However, in my view these rights are not limited.

The forfeiture and destruction powers are contained in the bill and are therefore ‘lawful’ and ‘in accordance with law’. The circumstances in which those powers may be exercised are confined, precise and proportionate to the objectives of the bill. enable bongs, bong components or bong kits seized by police in connection with the serving of infringement notices to be forfeited and destroyed if the infringement offence is expiated.

In particular, the bill confines the additional forfeiture and destruction of seized items to instances where the infringement offence is expiated by payment of the infringement penalty. The bill ensures that there is no interference with property where no offence has been committed.

The amendments are proportionate to the important purpose of part 4 of the bill, which is to take seized bongs, bong components and bong kits out of circulation and eliminate the risk of their being returned to display, sale or supply in retail outlets or commercial settings, in breach of the Drugs,

Poisons and Controlled Substances Act 1981.

The bill ensures the right to a fair hearing is not limited by requiring police to take reasonable steps to return seized items in specified circumstances where the Magistrates Court or the

Children’s Court cancels the infringement notice or determines the matter without making a forfeiture order.

Kim Wells, MP

Minister for Police and Emergency Services

Second reading

I will now address each element of the bill in turn.

Drug analogues and alcohol and drug toll, other synthetic substances

The Victorian government is committed to maintaining strong laws against drug dealing and drug use, while supporting drug users to change their behaviour. This commitment is set out in our plan to bring down the

Reducing the Alcohol and Drug

Toll — Victoria’s Plan 2013–2017 .

Synthetic drugs pose an ever-increasing challenge for governments, law enforcement agencies and health services. These drugs are designed to mimic the effects of established illicit drugs such as ecstasy, cannabis and

LSD. They are frequently marketed as ‘legal highs’, which contributes to the common perception that they are less harmful than illicit drugs. In fact, these drugs are not approved as safe for human consumption and there is limited knowledge about the health and dependency risks associated with their use.

Mr WELLS (Minister for Police and Emergency

Services) — I move:


The market for these drugs is expanding rapidly as drug producers alter the chemical compounds and marketing of these substances, online and in retail outlets, to appeal to consumers and evade drug laws and import restrictions.

The Drugs, Poisons and Controlled Substances

Amendment Bill 2013 amends the Drugs, Poisons and

Controlled Substances Act 1981 to ban drug analogues and other synthetic substances or classes of substances as illicit drugs. The bill also confers powers on Victoria

Police to seek external scientific testing of drug-related exhibits and samples, and to destroy bongs, bong components or bong kits seized in connection with the serving of infringement notices.

The United Nations Office on Drugs and Crime warned in June this year that the use of new psychoactive substances was growing and that concerted action was needed to prevent the manufacture, trafficking and abuse of these substances. A total of 73 new psychoactive substances were reported in 2012 to the

European Monitoring Centre for Drugs and Drug

Addiction.

Specifically, these amendments to the Drugs, Poisons and Controlled Substances Act 1981 will: extend the definition of ‘drug of dependence’ to include drug analogues;

The Victorian government is deeply concerned about the rapid emergence of new synthetic drugs, their continuing availability online and in some retail outlets, and anecdotal reports from police and health


Wednesday, 16 October 2013 ASSEMBLY practitioners about worrying and unpredictable effects on users such as seizures, agitation, increased heart rate and psychosis.

3419 work to be done. The Victorian government is working with other Australian jurisdictions on a longer term solution including the development of a national approach to new psychoactive substances.

Last year, the Victorian government amended the

Drugs, Poisons and Controlled Substances Act 1981 to extend a ban on synthetic cannabinoids and to ban several other synthetic substances.

External and scientific samples testing of drug related exhibits

In this bill we are imposing a ban on all drug analogues and on identified synthetic substances which have emerged since the amendments in 2012.

Drug analogues are synthetic substances that have structural similarities to known illicit drugs. Currently, the definition of ‘drug of dependence’ in the Drugs,

Poisons and Controlled Substances Act 1981 includes

‘any form’ of a drug of dependence specified in part 1 or part 3 of schedule 11 of the Drugs, Poisons and

Controlled Substances Act 1981. The definition states that these forms include a drug’s derivatives, salts and isomers, but does not explicitly refer to its analogues.

The bill inserts new provisions in the Drugs, Poisons and Controlled Substances Act 1981 enabling Victoria

Police to supply drugs of dependence, poisons or controlled substances, precursor chemicals and other items used in illicit drug production to appropriately authorised external testing facilities for scientific testing and analysis.

Victoria Police currently has no explicit authority under the Drugs, Poisons and Controlled Substances Act 1981 to supply substances or items seized under that act to laboratories outside of its own forensic services department.

Part 2 of the bill amends the definition of ‘drug of dependence’ to include the analogues of the drugs of dependence specified in part 1 or part 3 of schedule 11.

The bill provides an extended definition of the term

‘analogue’, which has been modelled on the analogue clause in the commonwealth Criminal Code Act 1995, with some modifications.

Part 5 of the bill includes 30 new synthetic substances or classes of synthetic substances in the list of drugs of dependence in schedule 11 of the Drugs, Poisons and

Controlled Substances Act 1981. The aim of these amendments is to deter the supply and use of these substances by declaring them to be illicit drugs and applying the same serious manufacturing, trafficking and possession offences as apply to the production, supply and possession of other illicit drugs.

These substances have been identified by Victoria

Police and include stimulant drugs known to be emerging in Australia and overseas on the ‘party’ drug scene as substitutes for ecstasy. Other substances in the list include emerging forms of synthetic cannabinoids and synthetic hallucinogens. They include the

‘NBOMe’ series of drugs, known as ‘N Bombs’ or

‘synthetic LSD’, which have been the subject of recent media attention due to their reported potency.

It is widely acknowledged that the synthetic drug market is developing rapidly and that new policy and legislative approaches are necessary if regulatory responses are to keep pace with the market. This bill aims to provide an immediate response to the problem of synthetic substances in Victoria, but there is more

Victoria Police has requested this power so that it can participate in the Enhanced National Intelligence

Picture-Illicit Drugs Project (ENIPID), a project being run by the Australian Illicit Drug Data Centre which operates within the Australian Federal Police. In partnership with state and territory jurisdictions,

ENIPID obtains illicit drug samples from seizures within the states and territories and uses this domestic sampling to complete the national illicit drug intelligence picture from ‘border to street’. Victoria

Police has committed to assist with this important project if it can.

Additionally, Victoria Police needs the ability to have substances or items independently analysed by external testing facilities for purposes connected with criminal investigations, substance profiling or research. For example, in light of the emerging growth in analogue-type substances, Victoria Police needs the capacity to have substances analysed in laboratories capable of high-level chemical structural determinations.

Part 3 of the bill amends the Drugs, Poisons and

Controlled Substances Act 1981 to enable the Chief

Commissioner of Police to declare, by notice published in the Government Gazette , facilities to be ‘declared testing facilities’ and to authorise the supply to those facilities of drugs of dependence, poisons or controlled substances, substances or items used in the production of illicit drugs, or items suspected by police of being any of these things.

The bill specifies that declared testing facilities may be located in Victoria or in other states or the territories,


3420 ASSEMBLY and that the chief commissioner may attach conditions to a declaration regarding the possession, handling and storage of substances or items supplied to the facility.

Wednesday, 16 October 2013 component or a bong kit at a retail outlet or to sell or commercially supply such an item. Police may seize these items on suspicion that relevant offences have been committed and may issue infringement notices for applicable offences. It is expected that the declared testing facilities will include the forensic science testing facilities of other states and the territories, selected university laboratories, and suitably authorised and equipped private testing facilities. The criteria to be used by

Victoria Police to identify appropriate testing facilities will include a facility’s competence measured against relevant international standards for the competence of testing and calibration laboratories.

When a court finds a person guilty of an offence relating to the display, sale or supply of bongs, bong components or bong kits, the court may order the forfeiture and destruction of the seized item to which the offence relates, but there is no corresponding power to forfeit or destroy an item seized in connection with the serving of an infringement notice.

The bill specifies that substances and items may be supplied to declared testing facilities for the purposes of substance profiling, analytical testing or research, and must be returned to Victoria Police unless destroyed in the process of testing, as may sometimes occur with substance samples.

The bill expressly authorises persons employed or engaged by a declared testing facility to possess drugs of dependence or other things supplied by Victoria

Police for approved purposes, and enables the chief commissioner to authorise persons to transport substances or items to declared testing facilities and return them to Victoria Police.

The bill further specifies that the chief commissioner must not authorise the supply of a drug of dependence or other thing to a declared testing facility outside

Victoria unless satisfied that possession by that facility is permitted by the laws of the jurisdiction in which the facility is located.

Victoria Police applies strict internal standards and procedures to the handling, testing and storage of drug-related exhibits and samples. All matters relating to the movement, handling and security of substances or items to be supplied to declared testing facilities will be detailed in agreements between Victoria Police and the facilities, to ensure that exhibits and samples are stored, handled and managed to the required standards.

Forfeiture of seized bongs if infringement notice served

The bill inserts new provisions in part VC of the Drugs,

Poisons and Controlled Substances Act 1981 to enable bongs, bong components and bong kits seized by police in connection with infringement offences to be forfeited and destroyed in specified circumstances.

The Drugs, Poisons and Controlled Substances Act

1981 was amended in 2012 to make it an offence to display a cannabis water pipe (or ‘bong’), a bong

The objective of the provisions being inserted in the bill is to allow seized bongs, bong components or bong kits to be forfeited and destroyed not only when so ordered by a court following a finding of guilt, but when an infringement offence is expiated. This is to prevent the seized items being returned to display, sale or supply in retail outlets or commercial settings in breach of the

Drugs, Poisons and Controlled Substances Act 1981.

Part 4 of the bill amends part VC of the Drugs, Poisons and Controlled Substances Act 1981 to provide that any bong, bong component or bong kit seized by police in connection with the serving of an infringement notice is forfeited to the Crown if the person served with the notice expiates the offence by payment of the infringement penalty. In this way, the bill confines forfeiture to instances where an infringement offence has been committed and expiated. The bill further provides that the forfeited item may be destroyed.

The bill requires Victoria Police to take reasonable steps to return bongs, bong components or bong kits seized in connection with infringement offences in specified circumstances, for example if a police member withdraws the infringement notice without issuing an official warning or referring the matter to the

Magistrates’ Court, or if the Magistrates’ Court hears and determines the matter without making a forfeiture order.


Debate adjourned on motion of Mr PALLAS

(Tarneit).

Debate adjourned until Wednesday, 30 October.



VICTORIA POLICE BILL


2013



Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Victoria Police

Bill 2013 (the bill).

In my opinion, the bill as introduced to the Legislative

Assembly is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement.


The main purpose of the bill is to re-enact and modernise the law relating to the governance and regulation of Victoria

Police.


Right to equality

Section 8(3) of the charter act provides that every person is equal before the law, is entitled to the equal protection of the law without discrimination, and has the right to equal and effective protection against discrimination. ‘Discrimination’ for the purposes of the equality right means discrimination within the meaning of the Equal Opportunity Act 2010, and can involve either direct or indirect discrimination.

Under the Equal Opportunity Act 2010, ‘direct’ discrimination occurs where a person treats, or proposes to treat, a person with a relevant attribute unfavourably because of that attribute. ‘Indirect’ discrimination occurs when a person unreasonably imposes a requirement, condition or practice that has the effect of disadvantaging a person with a relevant attribute. Relevant attributes include, for example, sex, gender identity, physical features, and religious belief or activity.

Power to determine uniform and grooming standards

Clause 62 enables the chief commissioner to determine the uniforms, equipment and grooming standards for Victoria

Police members. Subclause (1)(c)(i) provides that standards of grooming and acceptable clothing accessories may differ based on sex, gender identity, physical features or religious belief or activity. Subclause (1)(c)(ii) enables the chief commissioner to provide for exceptions based on genuine medical, cultural or religious grounds.

By enabling the chief commissioner to set both compulsory standards of general application and specific standards that are based on the attributes of sex, gender identity, physical features or religious belief or activity, clause 62 may authorise direct or indirect discrimination. For example, standards may discriminate against a male police officer with long hair on the basis of sex, or an officer with facial hair or piercings on the basis of physical features. The standards also permit certain exemptions on the basis of religious belief or activity,

ASSEMBLY which are not otherwise available to other non-practising officers.

3421

It is my view that while the operation of clause 62 may result in limitations on the right to equality, these limitations would be reasonable and demonstrably justified in a free and democratic society.

The purposes of enabling the determination of standards for grooming and acceptable clothing accessories for police officers are important. As a representative of Victoria Police, officers are required to present a consistent and professional appearance and project a favourable image of Victoria Police as a professional and disciplined organisation. It is critical to their role as officers that they are identifiable to the public through a consistent standard that is clear and prescriptive.

Police officers are also the first point of contact for community members when attending at a time of loss or where community members are victims of crime or other offences. It is important to this role that police officers present in a respectful and professional manner at all times, with an appearance that promotes public trust in all sections of society. Victoria Police considers, for example, that some forms of facial hair and long hair in male police officers results in diminishing public trust in police.

The standards are also concerned with improving the safety of police officers through eliminating physical aspects that could be exploited by others in confrontational situations, such as grabbing ponytails or body piercings. Finally, uniform standards facilitate unity and commitment of police officers to the organisation, as well as enhance morale. In order to maintain consistency across Victoria Police’s large membership base, it is necessary for the standards to provide clear, stringent and unambiguous rules so that they can be properly enforced in each division.

The limitation is closely related to the purpose of maintaining the integrity and public image of Victoria Police, increasing safety of police officers and promoting public trust in the organisation.

While the limitation may have a permanent effect on police officers’ lives beyond the workplace, I consider that clause

62, which enables the chief commissioner to provide for exceptions to the standards, ensures that the power does not constitute an unreasonable limitation on police officers’ human rights. Under the procedure currently set out in the

Victoria Police manual, aggrieved officers are able to apply for a temporary exemption on medical, pregnancy or operational grounds, or a permanent variation on medical, cultural or religious grounds. All applications will be referred to either the officer’s work unit manager (for temporary exemptions) or the Uniform Appearance and Advisory

Committee (for permanent exemptions), who must take into consideration an officer’s needs, the nature of their duties and the broader aims of the uniform and appearance guidelines.

As police officers, these managers and the committee will be public authorities and therefore have obligations under section 38 of the charter act to act compatibly with human rights and give proper consideration to relevant human rights when making a decision.

Furthermore, I consider that there are no less restrictive means of achieving the purposes behind clause 62 and the grooming standards in the Victoria Police manual, given the availability


3422 for aggrieved police officers to seek a variation before a committee that will be required to consider their human rights and personal circumstances against the broader aims of the policy.

ASSEMBLY Wednesday, 16 October 2013 commissioner to require a police officer or protective services officer to undergo a medical examination. The person conducting the examination may be required to give a report of the examination to the police officer or protective services officer and the chief commissioner.

I also note that the chief commissioner, as a public authority, will have obligations under section 38 of the charter act to act compatibly with human rights and give proper consideration to relevant rights when determining the standards published in the manual as well as any subsequent amendments, including to the procedures available for seeking exemptions or variations.

This clause enables interferences with the privacy of officers; however, any such interferences will be for the reasonable purpose of assessing fitness for duty. Further, any requirement to attend for a medical examination will be subject to the terms of relevant industrial instruments which confine the circumstances in which an officer must attend an examination to those where there is legitimate reason to question capacity. In my view, clause 67 is therefore neither unlawful nor arbitrary.

Clause 62 also engages the right to privacy as protected by s 13 of the charter act. This includes the right to respect for a person’s ‘personal identity’, including the right of a person to choose how they dress. However, the charter act only prohibits unlawful and arbitrary interferences with privacy.

Any directions given as to appropriate dress and standards authorised by this bill will be precisely formulated and published in a form accessible to all police officers. As discussed above, the standards will be set and maintained by the chief commissioner, who will have obligations under section 38 of the charter act. I consider that the standards are reasonable and proportionate in the circumstances and will not be arbitrary given the ability for officers to apply for temporary exemptions on medical, pregnancy or operational grounds, and permanent variations on medical, cultural or religious grounds.

Drug and alcohol testing

Part 5 of the bill enables the chief commissioner to issue testing directions in certain circumstances, directing a person to provide one or more samples for the purpose of testing for the presence of alcohol or a drug of dependence. This may include, for example, a direction to give a sample of breath, urine, hair, saliva or blood. Each division in part 5 deals with a different circumstance of testing and is tailored to that circumstance, namely: critical incident testing; targeted testing; designated work unit/function testing; and random testing.

Finally, clause 62 may engage the right to freedom of expression as protected by s 15 of the charter act.

‘Expression’ has been interpreted broadly and includes acts of protest as well as expression of feelings. Consequently, the power to impose limitations or prohibitions on dress may potentially engage the right to freedom of expression. For example, persons may choose to express their support for a particular political cause by wearing an accessory, or refraining from cutting their hair or beard. Further, acts which are not covered by the right to religious belief may nevertheless constitute expression of one’s convictions. Dress is also a protected form of artistic expression. However, section 15(3)(b) permits limitation of this right as reasonably necessary for the protection of national security and public order. The police force is the organisation primarily responsible for maintaining public order. Accordingly, I consider that the provision constitutes a lawful restriction on free expression as it is intended to preserve the independence and integrity of individual officers and the integrity and reputation of the police force generally as discussed above, which falls within the broad definition of ‘public order’.

Right to privacy

Section 13 of the charter act provides that all persons have the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with and not to have their reputation unlawfully attacked. This right is relevant to several clauses in the bill; however, for the reasons outlined below, I consider that none impose interferences that are unlawful or arbitrary, and so they do not impose a limitation on the right to privacy.

Critical incident testing : under clause 86, the chief commissioner may issue a testing direction to Victoria Police personnel involved in a ‘critical incident’. A ‘critical incident’ is defined to mean incidents involving the discharge of a firearm or incidents resulting in a death or serious injury to a person and involving the use of force, or use of a motor vehicle by a police officer or special constable while on duty.

The definition also includes the death of, or serious injury to, a person while in the custody of a police officer or special constable. Under clause 87, the chief commissioner may direct a registered medical practitioner or registered nurse to take a blood sample from a person involved in a critical incident in circumstances where that person is unconscious or otherwise unable to comply with the direction. (This clause is also discussed in this statement of compatibility in relation to the right in section 10(c) of the charter act, not to be subjected to medical treatment without full, free and informed consent.)

Targeted testing : clause 88 provides that the chief commissioner may issue a testing direction to a member of

Victoria Police personnel other than a Victoria Police employee if the chief commissioner reasonably suspects that the person has consumed drugs or alcohol and that the person should be tested for the good order and discipline of Victoria

Police. The chief commissioner may also issue a testing direction if he or she believes that the person is unfit for work because he or she has consumed alcohol or a drug of dependence.

Clause 90 provides that the chief commissioner may issue a testing direction to a Victoria Police employee who works in a designated work unit or performs a designated work function if they believe the person is unfit for work because he or she has consumed alcohol or a drug of dependence.

Medical examinations

Clause 67 enables the chief commissioner to inquire into the physical or mental fitness and capacity of an officer to perform his or her duties. Subclause (2) enables the chief

Designated work unit/function testing : clauses 92 and 93 provide that the chief commissioner may issue an alcohol and drug testing direction to police personnel who work in a designated work unit or perform a designated work function.



The chief commissioner may determine, by instrument, that a work unit or particular work function is to be a designated work unit or function.

ASSEMBLY lawful. I therefore consider that these provisions are compatible with s 13 of the charter act.

Requirements to answer questions and produce documents, and provide personal information Random testing : under clause 95, the chief commissioner may issue a testing direction (other than a direction for a hair sample) to members of Victoria Police personnel (other than

Victoria Police employees) chosen from a random selection of the pool of all such members.

In relation to the use of test results, the chief commissioner may have regard to evidence derived from a test in managing the person’s performance, conducting an investigation under the act, or if the person is an employee, determining whether the person has engaged in any misconduct for the purposes of the Public Administration Act 2004 or an applicable industrial instrument.

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Several clauses in the bill require persons to provide information that may be personal. Clause 161 provides that it is an offence for a person to fail to comply with a witness summons, or refuse or fail to answer a question or produce a document that he or she is required to answer or produce by the Police Registration and Service Board (PRS board), or fail to take an oath or make an affirmation when required to do so by the PRS board, without reasonable excuse. This is in the context of promotion and transfer appeals as well as reviews regarding a range of employment-related decisions by the chief commissioner or another authorised person.

In my opinion the testing direction provisions in part 5 of the bill do not limit the right to privacy. As described above, the measures are clear and tailored and appropriate, given the powers and functions of Victoria Police personnel. Clause 97 provides that evidence from testing is not admissible in proceedings, subject to certain exceptions, such as proceedings arising out of a critical incident. Further, clause 98 provides for the confidentiality of test results in accordance with regulations. Finally, clause 232 creates an offence for disclosing identifying information or the results of a test in relation to drug and alcohol testing otherwise than in accordance with the act or regulations.

Investigations of breaches of discipline

Clause 125 identifies a range of matters that constitute a breach of discipline for police officers or protective services officers. Clause 126 provides that if the chief commissioner reasonably believes that a person may have committed a breach of discipline, the chief commissioner may begin an investigation of the matter.

The matters that constitute a breach of discipline may concern aspects of a person’s private life that are not directly related to their employment as police officers or protective services officers. For example, a person commits a breach of discipline if he or she is guilty of ‘disgraceful or improper conduct’ whether in his or her official capacity or otherwise.

Further, a person commits a breach of discipline if, without the approval of the chief commissioner, he or she applies for or holds a licence or permit to conduct any trade, business or profession, conducts any trade, business or profession, or accepts any other employment.

Enabling the chief commissioner to investigate such matters, and, where a breach of discipline has occurred, to take disciplinary action, may involve a restriction on a person’s privacy. However, in my view, these measures are necessary to ensure the integrity and good character of police officers and protective services officers and to ensure that their commitment to their roles as police officers and protective services officers is not compromised. Imposing high standards on police officers and protective services officers, even in their private lives, is particularly appropriate in light of the wide powers of police officers and protective services officers, their role in upholding the laws of Victoria, and the need for public confidence in a reputable and committed police force. Further, the legislation is sufficiently clear in setting out the matters that will constitute a breach of discipline, and any actions taken under the legislation will be

Similarly, clauses 171 and 176 enable the chief commissioner to direct any police officer or protective services officer to give any relevant information, produce any relevant document or answer any relevant question during an investigation into a possible breach of discipline or protected disclosure complaint. A police officer or protective services officer who does not comply with such a direction commits a breach of discipline.

Clause 221 provides that for the purposes of determining whether to register an applicant or renew registration, or advising the chief commissioner in respect of a proposed appointment to Victoria Police, the PRS board may require an applicant to do a number of things, including obtaining a criminal record check and submitting to any tests required by the PRS board. Clause 222 provides that for those same purposes, the PRS board may also conduct an investigation and make any necessary enquiries, and may require an applicant or proposed appointee to appear before the PRS board at the day, time and venue specified, in order to answer questions, produce documents, or provide any other information required by the PRS board. Clause 223 further enables the PRS board, for the same purposes, to issue a summons to a person to attend to give evidence or produce any documents referred to in the summons. A person must not fail to attend or to produce a document without reasonable excuse.

To the extent that these clauses may involve the disclosure of private information, I believe that any interference is lawful and not arbitrary. The circumstances in which a person is required to provide information are clearly set out in the legislation. Further, requiring persons to provide the relevant information is necessary to ensure that the PRS board is able to make informed decisions and that complaints about police conduct are able to investigated properly. I therefore consider these clauses to be compatible with the right to privacy.

Information sharing

Various clauses require or permit the sharing of information between office-holders and/or organisations in specified circumstances. For example, clauses 171 and 172 require the chief commissioner to provide IBAC with details of complaints of serious misconduct, and must report to IBAC on the progress and result of any investigation, and any action taken. Clause 179 requires the chief commissioner to report to

IBAC the findings of any investigation under part 10, and the proposed steps to be taken, and may give the Premier or the minister information about a matter arising out of the


3424 investigation. Clause 180 enables the Premier or minister to disclose information provided under clause 179 for the purpose of obtaining advice, and clause 181 provides that the chief commissioner must generally inform a person who made a protected disclosure complaint of the outcome of the investigation. Clause 186 enables the chief commissioner to authorise a person to disclose a restricted matter (for example, information provided under direction in relation to a protected disclosure complaint).

These clauses require or permit the sharing of information regarding certain complaints and investigations under parts 9 and 10. The information shared may include private information regarding a person’s activities or relationships, including information about persons who are not police officers or protective services officers (for example, where a civilian person is involved in a matter which gives rise to a conduct complaint about a police officer). However, in my view, any interference with privacy arising from these clauses is for an important purpose and properly circumscribed. The circumstances in which information can be shared are clearly set out, and the sharing of the information is reasonable and necessary to ensure that persons making complaints or responsible for the oversight of Victoria Police are properly informed and accountable for how they manage such complaints. I therefore consider these clauses to be compatible with the right to privacy.

ASSEMBLY

Search and seizure powers


Clause 267 provides that a police officer may apply to a magistrate for a search warrant in relation to a particular premises or vehicle located in a public place if the police officer believes on reasonable grounds that there is, or may be within the next 72 hours, a thing or kind of thing connected with a relevant offence on the premises or in the vehicle.

Pursuant to clause 268, a search warrant issued by the

Magistrates Court may authorise a police officer to enter premises or the vehicle, if necessary by force, and to search for, examine, and seize the thing. The warrant may also authorise the police officer to require that a document be produced for inspection, and to examine, make copies of or take extracts from the document, or to remove the document for so long as is reasonably necessary to make copies or take extracts. The warrant must state the purpose for which the search is required, the nature of the alleged offence, any conditions to which the warrant is subject, whether entry is authorised to be made at any time of the day or night or during specified hours of the day, and a day on which the warrant ceases to have effect (which must be within 28 days of its issue). Clauses 269, 270 and 272 set out the relevant requirements with respect to obligations of announcement and provision of warrant details to the occupier upon entry, and the return of seized items.

Authorisation to use photographs of persons found guilty of an offence

Clause 238 enables the chief commissioner to authorise a media organisation to use a photograph (in the possession of

Victoria Police) of a person who has been found guilty of an offence. The chief commissioner must not make such an authorisation if the application to use the photograph is made more than six months after the person photographed was found guilty.

These clauses involve potential interferences with privacy; however, the scope and exercise of a search warrant is overseen by the Magistrates Court, and various protections are in place to ensure that the powers under a warrant are not improperly exercised. I therefore consider these clauses to be compatible with the right to privacy. I further note that, to the extent that these clauses are relevant to the right in s 20 of the charter act not to be unlawfully deprived of property, the right is not limited. The seizure power is to collect evidence for investigation and prosecution purposes. Clause 272 provides for the return of seized property if the reason for the seizure no longer exists, or if the property is not required in connection with an investigation, or otherwise generally within a six-month time period. Clause 273 enables the

Magistrates Court to extend the six-month period. Any deprivation of property authorised by these clauses will be lawful.

This clause can interfere with a person’s privacy by enabling a media organisation to print or use a photograph of that person which identifies him or her and publishes details of a crime that person has committed. However, the clause only applies where a person has been found guilty of an offence, and the six-month time limit protects against the unreasonable use of photographs long after a person has been found guilty.

Further, clause 240 sets out a range of matters the chief commissioner must take into account when deciding whether to give the authorisation. These matters include, for example, the nature and seriousness of the offence, the age of the person photographed, any relevant suppression orders or other possible legal constraints, the impact on any other court proceedings, the interests of the victim and any witnesses to the offence, and the interests of the person photographed, including any special circumstances such as physical or mental health issues, and any risk to the person photographed or his or her family that might occur as a result of giving the photograph to the media organisation. Under clause 241, the person photographed must also be notified of any authorisation issued by the chief commissioner. A media organisation authorised to use a photograph must only do so in the course of journalism carried out by that organisation and in accordance with applicable industry standards and codes. Clause 238 is therefore appropriately confined and subject to reasonable safeguards.

Fair hearing

Section 24(1) of the charter act provides that a person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. A number of clauses in the bill are relevant to this right, but in my view the bill does not impose any limits on the right to a fair hearing.

Restrictions on the bringing of proceedings

Certain clauses within the bill affect the circumstances in which a person may bring legal proceedings in relation to particular matters or against certain people. This can raise the right to a fair hearing in the charter act.

Clause 58 deals with the process for determining ownership of property that comes into the possession of an officer of

Victoria Police in the performance of his or her duties or in the exercise of his or her powers. Such matters are determined by a magistrate, and subclause (7) provides that proceedings cannot be brought against a police officer for the recovery of


Wednesday, 16 October 2013 property (or the value of the property) if the police officer has complied with the Magistrates Court order. In my view, subclause (7) does not limit the right to a fair hearing because the Magistrates Court provides a vehicle for determining entitlement to possession of the property, and the decision of the magistrate can also be appealed. Further, a person who claims an interest in the property may have other rights, such as bringing proceedings against a person whose actions resulted in Victoria Police being in possession of the property.

ASSEMBLY 3425 malice). This means that the publication cannot be the subject of defamation proceedings. However, pursuant to subclause (3), privilege will not apply if a plaintiff has requested the publication of a reasonable letter or statement by way of contradiction or explanation of the document, report or summary, and the defendant has not published that letter or statement within a reasonable time and in a manner likely to come to the notice of the same general audience as that for the copy, document, report or summary.

I further note that to the extent that clause 58 is relevant to the right not to be unlawfully deprived of property under s 30 of the charter act, it does not limit the right. Any deprivation of property authorised by the bill will be via a lawful process.

Attaching privilege to a document or publications relating to it may affect the right to a fair hearing for a person who is, for example, defamed in the document. However, in my view, the right to a fair hearing is not limited in these circumstances because the privilege does not apply where the document was published with malice, nor where a defendant failed to print a reasonable letter or statement contradicting the document when requested to by a plaintiff.

Clause 71 concerns proceedings brought against a ‘protected person’ in relation to a warrant. Such persons are effectively protected from liability for anything done in the course of executing a warrant, even where there is an irregularity or defect in the warrant, or if the issuer of the warrant lacked jurisdiction to do so. In my view, however, this clause does not limit the right to a fair hearing. A person who has suffered a detriment in relation to actions taken in accordance with a warrant may still bring proceedings for review of the decision to grant the warrant.

Restrictions on legal representation

The right to a fair hearing does not confer a general right of legal or other representation. However, in limited circumstances, courts have recognised that representation may be necessary to ensure a fair hearing. This aspect of the right is relevant to the clauses below.

Clause 163 provides that a member of the PRS board has, in the performance of his or her functions on an appeal or a review, the same protection and immunity as a judge of the

Supreme Court has in the performance of his or her duties as a judge. Similarly, a person representing a party on an appeal or review has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the

Supreme Court, and parties to an appeal or review and witnesses appearing at an appeal or review hearing have the same protection and immunity as parties and witnesses in proceedings in the Supreme Court.

Clause 118 provides that at a PRS board hearing to determine whether a person should be granted registration or renewal of registration, or whether the person’s existing registration should be cancelled, the applicant for renewal or registration or the person whose registration may be cancelled may be represented by anyone other than a legal practitioner.

Clause 163 similarly provides that a police officer or protective services officer who is charged with a breach of discipline may be represented at the inquiry into the charge by any person other than a legal practitioner.

Clause 216 provides that a PRS board officer is not personally liable for anything done or omitted to be done in good faith in the performance of a function under the bill (or in the reasonable belief that he or she was acting in the performance of a function under the bill) other than a review function. Any liability attaches instead to the PRS board.

Clause 158 provides that at an appeal hearing before the PRS board relating to a dispute about a promotion or transfer, the appellant and the person selected for promotion or transfer may appear. No provision is made for that person to be represented. The chief commissioner is also entitled to appear, and may be represented by any person other than a legal practitioner. Clause 158 also provides that at a proceeding for review, the applicant and the chief commissioner may appear, and either may be represented by any person other than a legal practitioner.

Clause 163 is relevant to the right to a fair hearing as it limits a person’s ability to bring proceedings against various persons associated with the conduct of a PRS board hearing on appeal or review. However, in my view, the right to a fair hearing is not limited by this clause, as a person retains the right to seek review of the PRS board decision itself. The clause simply ensures that PRS board proceedings are not slowed down or called into question through tangentially related proceedings.

Similarly, clause 216 also does not limit the right to a fair hearing, as while PRS board officers will not be liable for anything done or omitted to be done in good faith, a person will retain the ability to bring proceedings against the PRS board itself. I note in this respect that the PRS board is a body corporate and may sue and be sued (see clause 201).

I consider that the exclusion of legal practitioners from review hearings and registration hearings in the bill is compatible with the right to a fair hearing. I note that both the chief commissioner and the applicant or officer are entitled to be represented by a person other than a legal practitioner. The nature of the decisions and the availability of skilled and experienced non-legal representatives in this area is such that legal representation is not required to ensure a fair hearing.

Clause 234 applies to documents issued for publication by the chief commissioner or on his or her behalf by a police officer of or above the rank of inspector for the purposes of protecting the public or gaining information that may be of assistance in the investigation of an alleged offence.

Publication of such a document, or a copy of the document, or a fair and accurate report or summary of the document, is privileged (unless the publication is proved to be made with

I also consider that the limitation on representation for an appellant or a person selected for promotion or transfer in appeals under clause 158 is compatible with the right to a fair hearing. The nature of the decisions and the grounds of review are such that representation is not necessary to ensure a fair hearing. On the contrary, if individuals were able to be represented there is a risk of creating an imbalance, particularly between the appellant and the person selected for promotion or transfer. While the chief commissioner may be represented (other than by a legal representative) in appeal


3426 proceedings under clause 158, this merely reflects the practical circumstances of the chief commissioner being unable to appear personally at every appeal.

Freedom of expression

Section 15 of the charter act provides that every person has the right to freedom of expression, which includes the right to seek, receive and impart information and ideas of all kinds.

However, subsection (3) provides that special duties and responsibilities are attached to the right of freedom of expression, and the right may be subject to lawful restrictions reasonably necessary to respect the rights and reputation of other persons, or for the protection of national security, public order, public health or public morality. For the reasons below,

I consider that the provisions in the bill that restrict the right to freedom of expression each fall within these internal limitations on the right.

Prohibitions relating to PRS board hearings

Clause 120(4) provides that at a hearing to decide whether to cancel a person’s registration, the PRS board may make an order, if it considers it necessary in the public interest to do so, prohibiting the reporting, publication or disclosure of any hearing or part of a hearing (or information derived from a hearing) except by, or with leave of the PRS board.

Clause 157(3) provides the PRS board with a similar power in relation to all hearings relating to an appeal or review.

Clauses 120(4) and 157(3) restrict the right to freedom of expression by providing the PRS board with a power to prohibit the imparting of information relating to PRS board hearings where it is necessary to do so in the public interest.

This power, however, falls within the ‘internal limitations’ on the right to freedom of expression, as it is reasonably necessary to protect the rights and reputations of other persons, and for the protection of national security or public order. For example, it may be necessary to restrict publication of information relating to an ongoing criminal investigation, or information that may be unfairly damaging to a person’s reputation. It should also be noted that the usual procedure for these hearings is that they are held in public unless otherwise ordered by the PRS board. I therefore consider that these clauses are compatible with the right to freedom of expression.

Clause 162 provides that a person must not engage in a range of conduct or behaviours that may disrupt the PRS board, such as insulting a member or officer of the PRS board when he or she is performing functions as a member or officer on an appeal or review, or insulting, harassing, intimidating, obstructing or hindering another person attending a hearing of the PRS board on an appeal or review. This clause may restrict freedom of expression in some respects by preventing persons from expressing themselves in a manner that would disrupt or interfere with the proper hearing of an appeal or review by the PRS board. However, to the extent that clause 162 interferes with the right to freedom of expression, the interference is reasonably necessary to protect the rights of others and for the protection of public order. It is necessary to ensure that people can exercise their rights to a fair hearing before the PRS board, and it enables the board to conduct its proceedings in an appropriate and orderly manner. I therefore consider that clause 162 is compatible with the right to freedom of expression.


Restrictions on disclosing information

Clauses 184 and 185 restrict the disclosure of certain matters relating to protected disclosure complaints. Clause 184 provides that a person who is or was a member of Victoria

Police personnel and who acquires information by reason of, or in the course of, the performance of functions or the exercise of powers under part 10 (which concerns complaints about police conduct) must not directly or indirectly disclose that information except in specified circumstances.

Clause 185 provides that a person must not disclose a restricted matter, except in specified circumstances, such as where the disclosure is for the purpose of obtaining legal advice, or where a minor discloses information to a parent or guardian or independent person for the purpose of complying with part 10. ‘Restricted matter’ is defined in clause 183, and concerns information and documents produced or provided under clause 176 (which enables the chief commissioner to compel a police officer to provide information or documents or answer questions) and also includes a range of matters relating to protected disclosure complaints, such as the subject matter of a complaint or information that could identify a person interviewed under part 10.

These clauses restrict freedom of expression, but any limitation is a lawful restriction reasonably necessary to protect the rights and reputation of others, or to protect public safety or public order. As the matters that may not be disclosed relate to allegations of misconduct, and may include matters that police officers have disclosed under direction by the chief commissioner, the restrictions are reasonably necessary to protect the rights to privacy and reputation of persons subject to allegations of misconduct, and also to protect the privacy rights of police officers who have been compelled to disclose information or documents under the direction of the chief commissioner. Further, the provisions protect investigations into police officers or protective services officers from being compromised by inappropriate sharing of information about the nature or subject matter of an investigation. This protects public order by contributing to the integrity of police and protective services as a whole.

Clauses 227, 228 and 229 provide for offences in relation to inappropriate access to, use of or disclosure of police information. The offences apply to police personnel, former

Victoria Police personnel, and service providers. Clauses 232 and 251 apply more generally, and make it an offence for a person to disclose identifying information or test results in relation to drug and alcohol testing other than as required or authorised by the bill or regulations, or to disclose or use vehicle accident information disclosed by police officers or

Victoria Police employees except for an authorised purpose.

These restrictions on freedom of expression are clearly reasonably necessary for the protection of the rights and reputation of others or for public safety or public order. By its nature, police information will include private information about individuals, information that may affect a person’s right to reputation, and information that must be kept confidential in order for police to effectively perform their role in investigating criminal matters. Further, information relating to drug and alcohol testing and information relating to vehicle accident information is information that is obtained for particular purposes, and it is necessary for both personal privacy and reputation and for public order for such information to remain confidential. I therefore consider that the restrictions on freedom of expression contained in


Wednesday, 16 October 2013 clauses 227, 228, 229, 232 and 251 each fall within the internal limitations on the right.

Freedom of movement and from forced work

Clause 89 provides that the chief commissioner may require a person to report for work for the purpose of directing that person to undergo investigation testing for the presence of alcohol or a drug of dependence. Clause 138(3) provides that a police officer or protective services officer who has been suspended from office must comply with an order from a superior officer to temporarily return to work.

ASSEMBLY provides any excuse upon which an accused wishes to rely, the accused must present or point to evidence that suggests a reasonable possibility of the existence of facts that will establish the excuse. This is a lesser burden on the accused than would be the case under a ‘legal’ onus of proof, which would require that the accused demonstrate on the balance of probabilities that the reasonable excuse exists.

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Clauses 160, 222 and 223 of the bill require a person to attend a particular place for the purpose of giving evidence, providing information and/or producing documents.

To the extent that these clauses may limit freedom of movement, by requiring a person to attend a particular place at a particular time, or physically return to the workplace, the limit is very minor and is clearly justifiable in accordance with s 7(2) of the charter act. Clauses 89 and 138(3) may also raise the right to be free from forced work (as protected by s 11 of the charter act); however, in practice the power to order a temporary return to work is only for the purpose of ensuring that the officer is available for testing or disciplinary proceedings, not to perform operational duties.

Courts in other jurisdictions have generally taken the approach that an evidential onus on an accused does not limit the presumption of innocence. Further, whether a defendant had a reasonable excuse for an act or omission is a matter within the knowledge of the relevant defendant. It would be difficult for the prosecution in all cases to be burdened with proving beyond reasonable doubt that the defendant did not have a reasonable excuse, and may undermine the effectiveness of the offence provisions. In relation to clause 173, it is appropriate that a defendant point to evidence to suggest a reasonable possibility that the relevant complaint was made frivolously, vexatiously or in bad faith, in order to provide the context of any detrimental action that would otherwise constitute an offence. Consequently, even if these provisions were found to limit the right to be presumed innocent through imposing evidential onuses upon defendants, they would be reasonable and justified under s 7(2) of the charter act.

Medical treatment without consent

Presumption of innocence

Reverse onus provisions

Section 10(c) of the charter act provides that a person must not be subjected to medical treatment without his or her full, free and informed consent.

Section 25(1) of the charter act provides that a person charged with a criminal offence has the right to be presumed innocent until proven guilty in accordance with the law. Generally, the burden is on the prosecution to prove all the facts of the offence. Several clauses in the bill impose an evidential onus on accused persons, thus displacing to some extent the onus on the prosecution.

By permitting the chief commissioner to direct a registered medical practitioner or registered nurse to take a blood sample from a person involved in a critical incident who is unconscious or unable to comply with a testing direction, clause 87 may engage the rights of individual officers not to be subjected to medical treatment without consent.

Clause 173 makes it an offence to take detrimental action against a protected person for making a complaint under clause 167 or giving evidence in certain investigations under the bill or the Independent Broad-based Anti-corruption

Commission Act 2011. Subclause (3) provides that a person does not commit an offence against that provision if the person presents or points to evidence that suggests a reasonable possibility that the complaint was made frivolously, vexatiously or in bad faith, and the contrary is not proved beyond reasonable doubt by the prosecution.

Clause 161 provides that a person must not fail to comply with a witness summons, or refuse or fail to answer a question or produce a document that he or she is required to answer or produce by the PRS board, or fail to take an oath or make an affirmation when required to do so by the PRS board, without reasonable excuse. Clauses 100, 174, 223, 227, 229, 254 and

255 similarly create offences for acts or omissions done or omissions made without reasonable excuse.

However, in my view, any such engagement is demonstrably justified. Police officers are charged with protecting the community and are given a broad range of powers in order to do so. The exercise of these police powers can significantly limit the rights of citizens, including the rights to life, liberty and security. It is essential to the protection and promotion of those rights that the chief commissioner has sufficient powers to effectively investigate cases where alcohol or drug use may affect the ability of a police officer to carry out their duties, and to investigate and manage the performance of police officers. Less restrictive means, such as further limiting the circumstances in which testing can be undertaken or enabling an officer to refuse consent without any disciplinary consequences, would not be as effective in achieving the purposes. Moreover, the taking of a blood sample by a registered medical practitioner or registered nurse constitutes a minimal engagement of the right in s 10(c) of the charter act.

The Hon. Kim Wells, MP


By requiring a person to provide evidence of a reasonable excuse (or, in the context of clause 173, evidence that the relevant complaint was made frivolously, vexatiously or in bad faith), these clauses impose an evidential onus on accused persons, thus displacing to some extent the onus on the prosecution. In relation to reasonable excuses, section 72 of the Criminal Procedure Act 2009, which applies to

Magistrates Court, County Court and Supreme Court proceedings, states that where an act creates an offence and

Mr WELLS

Second reading





3428 ASSEMBLY

This is a significant milestone in Victoria Police’s history. The Victoria Police Bill creates a new principal act for the administration and governance of Victoria

Police, the state’s primary law enforcement organisation.


The bill builds on this strong foundation and makes modest and sensible reforms in line with community expectations of Victoria Police and of the men and women who serve the Victorian community and uphold the law.

The current act, the Police Regulation Act 1958, is a consolidation of police legislation that existed prior to

1958. Over the last 50 years, the act has been amended more than 120 times.

We now have a piecemeal act, drafted across six decades in a mix of antiquated and modern language.

It has been a long journey to get to this point and this bill represents a very significant stage in the modernisation of legislation governing Victoria Police.

This process began quite some time ago with proposals for a ‘new’ act having been considered by previous governments in at least 2004 and 2008. This bill represents the second tranche of this major reform and follows on from the Police Regulation Amendment Act

2012.

This bill was developed in close collaboration with

Victoria Police and the Police Association. I would like to acknowledge the efforts of all involved. The government greatly appreciates the goodwill displayed by both Victoria Police and the Police Association during the last enterprise bargaining negotiations and associated processes, particularly to the extent that those negotiations led to important agreements on a number of reforms reflected in this bill. The good faith negotiations to develop this bill have resulted in a great outcome for our community.

General

One hundred and sixty years after Victoria’s police force was first formed, the bill establishes Victoria

Police as an organisation made up of both sworn officers and public servants.

The recommendations of the Rush review

In March 2012, Jack Rush, QC, released the report of the inquiry into the command, management and functions of the senior structure of Victoria Police.

The bill recognises Victoria Police’s important and enduring role in promoting a safe, secure and orderly society.

The Rush inquiry recommended legislative reform, including replacing the current Police Regulation Act

1958 with a modern, fit-for-purpose police act, clarifying the relationship between government and

Victoria Police, providing a power for the minister to issue directions to the chief commissioner qualified so as to safeguard the operational independence of the chief commissioner and setting out the role and functions of Victoria Police.

The bill clarifies the relationship between the minister and the chief commissioner. Until now, this relationship has proceeded largely by way of convention. The bill recognises ministerial and parliamentary responsibility over Victoria Police and strikes the right balance between ensuring that the chief commissioner implements the government’s policing policy while protecting Victoria Police’s independence in upholding the rule of law free from political interference.

This government has stated that it supports most aspects of the recommendations regarding legislative reform including creating a new principal act. This bill gives effect to those commitments, noting that the government has committed to look at reforms to police discipline at a later stage.

The bill sets out how the Governor in Council may appoint a chief commissioner and in what circumstances a chief commissioner may be removed.

The bill lists the responsibilities of this important office and recognises that the chief commissioner is both the chief constable of Victoria Police and the chief executive officer of Victoria Police.

Overview

The bill will create a new principal act called the

Victoria Police Act and will largely repeal the Police

Regulation Act 1958. The bill maintains what’s good about the current governance framework. Some of these elements have stood the test of time and are as relevant today as they were 160 years ago when, in

1853, this Parliament enacted the first act to regulate the police of the young colony of Victoria.

The bill formalises the chief commissioner’s role in the appointment of deputy commissioners and assistant commissioners and clearly states that deputy commissioners and assistant commissioners are accountable to the chief commissioner.

The bill also deals with the appointment and employment of other Victoria Police personnel including police officers, protective services officers, police recruits, police reservists and special constables.



The bill remakes and modernises the provisions relating to the promotion, transfer, ill-health retirement and removal from office for police and PSOs. The bill remakes the police discipline scheme. The government has committed to look at possible reforms to the disciplinary provisions at a later stage.

Drug and alcohol testing

3429

However, to ensure that a plaintiff is not left with the state’s costs bill, the state will have no right to seek costs against the plaintiff in these circumstances.

State liability for police and PSO conduct

The nature of policing duties leaves police officers particularly vulnerable to being sued for torts such as negligence, assault, battery, false imprisonment and malicious prosecution. Without an express legislative scheme, police officers and PSOs are personally liable at common law.

Police are charged with protecting the community and upholding the law and are given a broad range of powers to do so. It is vital then that both the ethical health standards of Victoria Police and health and safety standards of Victoria Police are maintained.

Drug and alcohol testing is one method to mitigate the integrity and safety risks posed by illicit drug use by police officers and by police officers who are intoxicated whilst on duty.

The bill creates greater certainty and clarity for all parties involved in tort claims involving police and

PSOs.

A police tort claim is defined to include all torts committed by police or PSOs in the course or purported course of their duties. This includes traditional torts such as negligence, assault and battery and false imprisonment as well as detrimental action claims under the Protected Disclosures Act 2012 and certain wrongful death actions under the Wrongs Act 1958.

Other ‘actions’ to which these provisions will apply can be prescribed by regulation.

The bill requires plaintiffs to bring all police tort claims against the state of Victoria only. Individual police officers or protective services officers may only be named in proceedings if the state denies liability. This sensible mechanism is already successfully in place in

NSW. It gives plaintiffs certainty, in the vast majority of cases, that if their claim is made out the state will be liable. It also protects police and PSOs from the unnecessary stress of being named in lengthy court proceedings in the circumstances where these members were just doing their job.

The bill clarifies the chief commissioner’s power to give directions to a group of Victoria Police personnel to undergo a drug or alcohol test. The bill also clarifies the chief commissioner’s power to randomly test individuals and sets out the provisions to test people following a critical incident.

The targeted testing provisions enable the chief commissioner to direct a person who is rostered on to give a sample for a drug or alcohol test if they appear to be affected by drugs or alcohol. The chief commissioner can also issue a testing direction, if the chief commissioner reasonably suspects that a person has consumed drugs or alcohol and the chief commissioner reasonably believes the person ought to be tested for the good order and discipline of Victoria

Police.

The bill also enables police officers and PSOs to be rostered on for a drug test in limited circumstances.

Any police officer or PSO who uses illegal drugs whether or not they are rostered on for duty is in direct conflict with their oath of office. This testing, conducted on a targeted basis, will mean that a police officer or PSO can be rostered on and required to accompany another police officer to a place where the sample is to be collected.

Consistent with interstate schemes, the bill does not give police officers or PSOs a blank cheque to abuse their office. The state may deny liability if the conduct giving rise to the tort was serious and wilful misconduct. This means that serious misconduct by police which is deliberate, which extends beyond recklessness, or culpable or gross negligence and which is done with a knowledge that risk of injury or loss may occur, may fall within the concept of serious and wilful misconduct.

The bill sets out how test results can be used by the chief commissioner and the confidentiality requirements in relation to drug and alcohol testing.

The chief commissioner will be required to report annually on the use of the drug and alcohol testing powers.

Other

If a court finds that the conduct amounts to a police tort but the state’s defence of serious and wilful misconduct is made out, the police officer or PSO will be personally liable for the payment of damages.

The bill re-enacts provisions introduced by the Police

Regulation Amendment Act 2012. This act gave effect


3430 to the commitments made in the memorandum of understanding entered into by the government, the

Chief Commissioner of Police and the Police

Association, which complemented the 2011 Victoria

Police enterprise agreement.

ASSEMBLY Wednesday, 16 October 2013 statement of compatibility with respect to the Emergency

Management Bill 2013.

In my opinion, the Emergency Management Bill 2013, as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement.

The bill remakes the provisions for the Police

Registration and Services Board, the amended appeals processes for selection, promotion and transfer decisions and the framework for Australia’s first police profession register.


The main purposes of this bill are to establish new governance arrangements for emergency management in

Victoria, repeal the Fire Services Commissioner Act 2010, and consequentially amend emergency management legislation.

The bill also re-enacts the provisions relating to the investigation of protected disclosure complaints and the investigation of complaints about the conduct of police officers and PSOs.




Current Victoria Police personnel will continue to be under a duty not to disclose police information other than as authorised. This obligation also extends to former Victoria Police personnel, contractors and consultants.

The bill modernises the police administration offences, bringing penalties in line with modern sentencing practices and including liability for directors and officers of bodies corporate. The bill also remakes the provisions relating to entry, search and seizure powers connected with the investigation of these offences.

Certain provisions of the bill are relevant to the right to privacy under section 13 of the charter act.

Section 13 of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily interfered with. An interference with privacy will not be unlawful if it is permitted by a law that is accessible and precise. An interference with privacy will not be arbitrary if the restrictions it imposes are reasonable, just and proportionate to the end sought.

Clause 35 provides that the emergency management commissioner (the commissioner) may require a relevant agency to provide any information that the commissioner reasonably believes is necessary for the purposes of:

One hundred and sixty years ago this Parliament enacted the first act for the regulation of Victoria

Police. This bill is a significant piece of legislation and will build on the important legacy of Victoria Police since its inception over 150 years ago. The bill properly preserves elements of the current legislation which have stood the test of time and modernises other aspects to meet the needs of Victoria Police and our society in the

21st century.

I commend the bill to the house. a. developing and maintaining operational standards for the performance of emergency management functions by emergency service agencies; b. developing and maintaining incident management operating procedures for responder agencies; c. coordinating data collection and impact assessment processes; and d. performing other functions as conferred on the commissioner under legislation.

Debate


(Tarneit). adjourned on motion until of Mr

Wednesday,

PALLAS

30 October.

Two of the inspector-general for emergency management’s

(IGEM) functions are to initiate and prepare a system-wide review and to prepare advice or a report, on the request of the minister, on any matter relating to the IGEM’s functions.

Clause 69 provides that the IGEM may require information from a relevant agency for the purposes of carrying out these functions.





Act 2006:

To the extent this information may relate to information about individuals, any interference with the right to privacy is neither unlawful nor arbitrary. The commissioner and the

IGEM require this information in the interests of public safety and are bound by existing privacy legislation and the common law. Any information collected will be stored appropriately, accessible only to those who require access to perform the functions of the commissioner and IGEM as set out in legislation.

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this



Clause 70 ensures that any reports or reviews made public must not include any information that discloses the identity of any individual.

Clauses 72, 73 and 74 prohibit the IGEM from disclosing any confidential information except in the following circumstances:

ASSEMBLY 3431 emergency management sector, and the bill recognises this by including specific measures to ensure volunteer capacity and capability is encouraged, strengthened, and maintained. a. to allow the IGEM to perform legislated functions; b. to assist the coroner; c. for disclosure to the commissioner for law enforcement data security or the Independent

Broad-based Anti-corruption Commission; or d. where the information relates to the commission of a criminal offence and the IGEM believes it would be in the public interest to disclose the information.

Where the information relates to the commission of a criminal offence, the IGEM may disclose that information to the

Director of Public Prosecutions or a member of the police force.

The Emergency Management Bill will establish a new principal act for emergency management. The last time such significant legislative changes were made was in

1986 when this Parliament passed the Emergency

Management Act as a result of reforms flowing from the Ash Wednesday bushfires in 1983. Victoria’s experiences during and after the 2009 bushfires and the

2010–11 and 2012 floods have demonstrated that despite the hard work and good intentions of all those involved in responding to these emergencies, Victoria’s emergency management framework no longer adequately provides for the needs of Victorians during major emergency events.

The bill defines ‘confidential information’ as any information acquired by the IGEM in the course of conducting a review or preparing a report under the bill that is not already available in the public domain.

The limited intrusion on individual privacy occasioned by the disclosure of information in accordance with the provisions is reasonable and is neither unlawful nor arbitrary.

Conclusion

In response to this need, the bill will introduce new governance arrangements for emergency management, which include the establishment of the State Crisis and

Resilience Council, the emergency management commissioner, Emergency Management Victoria and the inspector-general for emergency management. It will have a staged commencement to avoid disturbing operational arrangements, particularly during the upcoming fire season.

For the reasons given in this statement, I consider that the bill is compatible with the Charter of Human Rights and

Responsibilities Act 2006.

The Hon. Kim Wells, MP


Mr

Paper

WELLS

Second reading




The coalition government is committed to reforming the state’s emergency management arrangements to improve Victoria’s ability to respond to, and recover from, emergencies. This complex and significant task will make Victoria an even safer place to live.

The Victorian Emergency Management Reform White

, released in December 2012, provides a road map for the government’s reform program over the next 10 years. It set an all-hazards, all-agencies agenda for emergency management with a focus on community, collaboration and capability. The

Emergency Management Bill 2013 is a momentous step on the road to implementing this reform program.

Volunteers play a critically important role in the

The State Crisis and Resilience Council, however, is already operating as Victoria’s peak body responsible for developing and coordinating policy and strategy across the emergency management spectrum and overseeing its implementation. It is not a tactical or operational decision-making body. The State Crisis and

Resilience Council replaces the Victorian Emergency

Management Council. The bill will give the State Crisis and Resilience Council legislative footing to support the strategic action plan that the Council will develop for endorsement by government to improve the management of emergencies by Victoria’s agencies and departments. Four subcommittees that focus on risk and resilience, capability and response, recovery and executive leadership will support the State Crisis and

Resilience Council. These arrangements will streamline and simplify emergency management committee structures, as recommended by the review of the

2010–11 flood warnings and response. The arrangements will rationalise the number of committees and reduce duplication to take full advantage of the enormous work undertaken by emergency management committees.

The bill will also establish the emergency management commissioner who will be the successor to the fire services commissioner and will expand the focus of this


3432 ASSEMBLY Wednesday, 16 October 2013 role beyond fire to transition to an all-hazards approach.

This goes further than recommendation 63 of the

Victorian Bushfires Royal Commission, which recommended the introduction of the fire services commissioner, so that the successes achieved by establishing this role are expanded to other types of emergencies. inspector-general will be responsible for fostering continuous improvement in the sector and providing assurance to the government and the community. By working closely and collaboratively with agencies and departments, the inspector-general will conduct system-wide reviews that are outcome focussed to identify problems so they can be rectified. The inspector-general will begin by focusing on the core emergency services agencies such as the Country Fire

Authority, Metropolitan Fire Brigade and Victoria State

Emergency Service.

By providing leadership for the sector, the new commissioner will drive improvements, particularly in operational capability and interoperability. In relation to the commissioner’s operational role, the commissioner will assume responsibility for most of the emergency management functions currently performed by the

Chief Commissioner of Police to ensure effective control is in place for major emergencies. It will also include overseeing a more cohesive approach to relief and recovery and for the first time, an explicit responsibility for managing the broader consequences of an emergency to minimise their negative effect on the community. This new consequence management role will fill a gap in the current arrangements and is one of the most important aspects of the reforms in the bill.

The Victorian government is committed to improving the state’s emergency management arrangements because unfortunately, bushfires, floods and other emergencies will not only continue to occur but are likely to increase in their frequency and severity. The reforms to the governance arrangements that I have outlined above will lay a strong foundation from which to build further improvements.



(Tarneit) on motion of Mr PALLAS

Another important reform is the establishment of a new statutory body, Emergency Management Victoria. This new body will provide a necessary central structure for emergency management so policy, strategy, planning and investment are more coordinated and integrated across the sector. As part of the new ‘all agencies’ approach to emergency management, Emergency

Management Victoria will strengthen relationships across agencies and departments so that the ability to work together and share resources is maximised.

Emergency Management Victoria will be staffed from existing resources within the public sector.

Debate

Mr adjourned

MULDER statement

Rights and in

Statement of compatibility until

(Minister accordance

Wednesday, for with

Responsibilities

Roads) charter

Act

30 October. tabled

2006: of following

Human

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Road

Legislation Amendment Bill 2013.

Volunteers have been and will continue to be fundamental to emergency management service delivery in Victoria. They do a magnificent job for this state. Equally, they will be fundamental to the successful implementation of these reforms. For those reasons, the bill requires both the emergency management commissioner and Emergency

Management Victoria to have regard to this important feature of Victoria’s emergency management arrangements in the carrying out of their functions. This is reinforced by requiring the strategic action plan to include, where relevant, measures encouraging, strengthening and maintaining the capacity and capability of volunteers and the community.

Finally, the bill will establish the inspector-general for emergency management, who will be the successor to the current emergency services commissioner. The

ROAD LEGISLATION


The purposes of the bill are to:

AMENDMENT

2013 a. amend the Road Safety Act 1986 to:

BILL

In my opinion, the Road Legislation Amendment Bill 2013, as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement. i. repeal and replace the provisions relating to the demerit point scheme with provisions that will accommodate in a clear and linear manner multiple sanctions arising from the rapid accumulation of demerit points; ii. strengthen laws regarding interstate, overseas and unlicensed drivers;


Wednesday, 16 October 2013 iii. make other improvements to the driver licensing and registration regimes; and iv. transfer the newly increased fee for a driver licence from the Road Safety (Drivers)

Regulations 2009 into the Road Safety Act

1986; and

ASSEMBLY 3433 operator. This amendment will create consistency between the provisions of the Road Safety Act 1986 and the contract of sale for registration number rights. Under the contract, owners are not able to have a registration number assigned to, or displayed on, a vehicle of which they are not the registered operator. b. make some minor technical amendments to the

Heavy Vehicle National Law Application Act 2013 and the Road Safety Act 1986.

The bill will not affect the owner’s right to store a custom plate or to have the registration number assigned to, and displayed on, a vehicle of which they are the registered operator.




As the owner’s rights will be removed through a provision of the bill, the removal will be in accordance with law.

Other provisions in the bill

The other provisions in the bill do not engage any of the rights protected by the charter act.

Terry Mulder, MP

Minister for Roads

Re-enactment of the requirement to keep a demerits register and power to create a driver record — right to privacy

The charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily interfered with.

The bill will re-enact a provision in the Road Safety Act 1986 that requires VicRoads to keep a demerits register and to record against a person any demerit points that are incurred by that person. The bill will also allow VicRoads to create a driver record for all drivers on Victoria’s roads, including overseas licence holders.

Keeping the demerits register and creating the driver record will involve VicRoads collecting information concerning a driver’s demerit points or other road safety sanctions and retaining this information on its database. The collection and storage of this information must be in accordance with the relevant provisions of the Information Privacy Act 2000 as this act applies to personal information held by VicRoads.

Any use or disclosure of this information must be in accordance with the provisions of the Road Safety Act 1986, as this act regulates the use and disclosure of identifying licensing and registration information.

The collection, use, disclosure and storage of this information will not be unlawful or arbitrary because these activities will be regulated by legislation. Furthermore, the demerit point system is a valuable means of maintaining road safety and therefore any restriction on the right to privacy involved in the maintenance of the register is justified.

Amendment of the provisions of the Road Safety Act 1986 that relate to registration number rights — property rights

The provisions in the bill which relate to registration number rights are compatible with section 20 of the charter act, which relevantly provides that a person must not be deprived of his or her property other than in accordance with law.

Registration number rights are usually referred to as ‘custom plates’.

Under the Road Safety Act 1986 the owners of registration number rights have the right to have the registration number assigned to a vehicle of which they are the registered operator and a vehicle of which they are not the registered operator.

Owners may also display the number on any vehicle to which the number has been assigned by VicRoads.

The bill will provide that the owners of registration number rights may only have the registration number assigned to, and displayed on, a vehicle of which they are the registered

Mr MULDER

Second reading

(Minister for Roads) — I move:


Victoria’s demerit point scheme is designed to remove drivers from the road who repeatedly breach traffic offences and to provide an incentive for improving driving behaviour. The scheme has proved to be an effective means for making our roads safer. However, the automated speed and red light camera system means that drivers can now accumulate demerit points very rapidly. As a result, some drivers will face multiple sanctions arising from a series of offences that have been detected over a short period. The various processes in the demerit point scheme will therefore occur multiple times in a short period, causing confusion and uncertainty on the part of drivers.

The demerit point scheme was also designed to deal with persons who hold a Victorian driver licence or learner permit. It does not apply to persons who drive in

Victoria on the basis of an overseas licence or permit, or to persons who are driving unlicensed, even though these persons may pose a significant road safety risk.

To address these issues, the bill will repeal the current demerit point provisions in the Road Safety Act 1986 and replace them with provisions that will more clearly accommodate multiple sanctions arising from the rapid accumulation of demerit points.

For example, under the scheme drivers who incur sufficient numbers of demerit points may elect to go on an extended demerit point period. During this period the driver must not incur any further demerit points or his or her licence or permit will be suspended for

ENERGY LEGISLATION AMENDMENT (GENERAL) BILL 2013

3434 ASSEMBLY Wednesday, 16 October 2013 double the time that would have applied if he or she had not elected to take the extended demerit point period option. The ability of a driver to accumulate high numbers of demerit points in a short period of time through the automated traffic camera system means that a driver may be on a number of overlapping extended demerit point periods. The bill will ensure that these extended demerit point periods can only be served one after the other, not at the same time or overlapping with each other.

The bill will also reduce the road safety risk posed by interstate and overseas drivers by allowing VicRoads to deal with them in a similar way to Victorian drivers.

The bill will extend the demerit point scheme to overseas and unlicensed drivers. Currently, these drivers may incur demerit points but no matter how many points they may have, they will not face any sanction resulting from the accumulation of demerit points until they obtain a Victorian driver licence or learner permit. At that point they may face licence suspension due to the number of points they have incurred over the years. The bill will ensure that once overseas or unlicensed drivers incur specified numbers of demerit points VicRoads can issue them with a notice that disqualifies them from driving on Victoria’s roads and from obtaining a Victorian licence or permit.

Unlicensed drivers will also face this sanction along with any penalty imposed for driving without a licence.

The bill will make other improvements to the licensing and registration provisions of the Road Safety Act

1986. For example, the bill will enable VicRoads to disqualify a person from obtaining a driver licence or learner permit if it has cancelled the person’s licence or permit. This power will allow VicRoads to prevent the person from obtaining a further licence or permit while the problems that led to the cancellation in the first place remain unresolved.

Currently under the Road Safety Act 1986 a person’s ownership of a registration number will end if the vehicle to which the number was assigned remains unregistered for more than 12 months. Ownership of registration number rights should not be lost simply because the vehicle’s registration has expired. The bill will amend the act to ensure that registration number rights are not lost due to the expiry of the vehicle’s registration.

In conclusion, the bill will make a significant contribution to improving road safety through allowing

VicRoads to manage interstate and overseas drivers in a similar way to Victorian licence or permit holders. It will also greatly improve the operation of the demerit point scheme through rationalising and clarifying the operation of key aspects of that scheme.


Debate adjourned on motion of Ms D’AMBROSIO

(Mill Park).

At the present time, VicRoads may require Victorian licence-holders or applicants for a Victorian licence to undergo a fitness to drive test. However, the Road

Safety Act 1986 has not made any provision for

VicRoads to similarly require interstate or overseas drivers to take a fitness to drive test, even though these drivers may appear to have significant fitness to drive issues. The bill will enable VicRoads to require interstate or overseas drivers to take a fitness test. The regulations will remove the drivers’ authority to drive in Victoria in the event that they refuse to take or fail a fitness test.

The bill will also state that once a person is issued with a Victorian driver licence or learner permit, his or her authority to drive will stem from that licence or permit while it is current. Therefore, upon the issue of a

Victorian licence or permit, any overseas or interstate licence or permit that the driver may have will have no effect for the purpose of allowing him or her to drive in

Victoria. The bill will also make it an offence for a driver to produce an interstate or overseas licence, rather than his or her Victorian licence, when asked by a police officer or other authorised officer to produce the document that authorises the person to drive in

Victoria.


ENERGY

Mr

LEGISLATION

(GENERAL)

KOTSIRAS


(Minister for

AMENDMENT

BILL 2013

Energy and

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the charter act), I make this statement of compatibility with respect to the Energy

Legislation Amendment (General) Bill 2013.

In my opinion, the Energy Legislation Amendment (General)

Bill 2013, as introduced to the Legislative Assembly, is compatible with the human rights set out in the charter act. I base my opinion on the reasons outlined in this statement.

The bill amends the Electricity Industry Act 2000 and the Gas

Industry Act 2001 to extend the powers to exempt a person from the requirement to hold a licence in relation to the

Resources) tabled following statement in accordance with Charter of Human Rights and Responsibilities

Act 2006: until Wednesday, 30


October.

ENERGY LEGISLATION AMENDMENT (GENERAL) BILL 2013

Wednesday, 16 October 2013 generation of electricity and the provision of gas distribution services for certain purposes; to simplify publication requirements in respect of licensee standing offers; amend the requirements in respect of the submission, review and approval of financial hardship policies; and to make other minor and consequential amendments.

ASSEMBLY 3435 and for electricity customers without smart meters on its Your Choice website.


The bill does not engage any human rights protected under the charter act. I therefore consider that this bill is compatible with the charter act.

Hon. Nicholas Kotsiras, MP

Minister for Energy and Resources

The bill amends lodgement requirements for licensed electricity retailers’ financial hardship policies to ensure that a newly licensed electricity retailer must submit a policy for approval by the Essential Services

Commission. It also allows the commission to direct a retailer to review an existing policy that the commission considers is no longer compliant with minimum obligations.

Mr KOTSIRAS

Second reading

(Minister for Energy and

Resources) — I move:


The Energy Legislation Amendment (General) Bill

2013 will amend the Electricity Industry Act 2000 and the Gas Industry Act 2001.

The bill makes a number of minor and technical amendments to clarify the licensing exemption regime under the Electricity Industry Act 2000, updating provisions that have remained largely unchanged since

1994. The Electricity Industry Act 2000 currently allows an exemption from the requirement to hold a licence to generate, supply, sell, distribute or transmit electricity to be subject to conditions. The bill provides that exemption conditions may include obligations that also apply to licensed entities, such as compliance with industry codes and guidelines.

Part 2 of the bill amends the Electricity Industry Act

2000 to make a series of small changes that improve and clarify existing processes for the electricity industry and the Essential Services Commission.

In addition, part 2 of the bill repeals several redundant provisions consequential to the repeal of cross-ownership provisions by the Energy Legislation

(Flexible Pricing and Other Matters) Act 2013.

The bill streamlines existing publishing and notification requirements for electricity retailers in light of the recent introduction of flexible pricing in Victoria.

Flexible pricing is a voluntary option that gives customers more choice and control over their power bills. It also encourages customers to use power outside peak hours, which reduces the need for expensive energy infrastructure upgrades that are paid for by all energy consumers.

Part 3 of the Bill amends the Gas Industry Act 2001 consistently with the amendments to the Electricity

Industry Act 2000. It amends the licensing exemption regime for the retail sale of gas in the same manner and to the same extent as the amendments to the electricity licensing regime. It also mirrors the changes under part 2 of the bill for the lodgement of financial hardship policies by new licensed retailers and the review of existing policies. Finally, it removes a redundant provision consequential to the repeal of cross-ownership provisions made earlier this year.

The bill requires retailers to provide retail contract offer details to a website nominated by the minister, or, if no website has been nominated, to the ‘Your Choice’ website operated by the Essential Services

Commission. The minister may nominate an independent website that lets customers compare flexible pricing offers from all licensed electricity retailers.


Debate


(Bellarine). adjourned on motion until of Ms

Wednesday,

NEVILLE

30 October.

The My Power Planner website, for example, helps customers understand how the new flexible pricing options could work for them, and allows them to make informed decisions regarding the choice between flexible pricing and flat rates.

The Essential Services Commission will continue to publish information on retail offers for gas customers

FISHERIES AMENDMENT BILL 2013

3436

FISHERIES AMENDMENT

Second reading

BILL 2013


Mr WALSH (Minister for Agriculture and Food

Security).

ASSEMBLY Wednesday, 16 October 2013 the opposition does not intend to oppose this legislation. The government took a vague description of it to the last election, and as such some would argue it has a mandate to introduce this bill. I wish the current

Minister for Agriculture and Food Security well in trying to get decisions out of a single committee should a dispute arise between the two fishing sectors.

Mr HELPER (Ripon) — It gives me some pleasure to rise to contribute to the debate on the Fisheries

Amendment Bill 2013. However, I might just say as an aside that it gives me nowhere near as much pleasure as

I would have if I were actually able to go fishing right now. That is a matter that may be rectified in 409 days.

The bill before us has a number of components to it. I wish to concentrate my remarks on the engagement processes that are being amended through this legislation. At the outset let me say that the opposition does not oppose this legislation. However, I wish to discuss my concerns with the bill.

Take, for example, the competing interests of recreational and commercial fishers. It is natural and understandable that recreational and commercial fishers should each want to lay their hands on as much of this limited resource as they possibly can. Why then would the government sit them together on a council and attempt to get a consensus when they clearly have competing interests in this finite resource? I do not know how that will work. I urge the minister to be careful that it does not lead to non-decisions being made or decisions being avoided or weird and wonderful phraseology being developed to hide the fact that the council could not come to a consensus or a decision on any particular matter, thereby making the advice from the council that much less valuable to the minister.

In 2009 we amended the fisheries legislation in this state to introduce a fit-for-purpose consultative process.

In other words, if the question before the then

Department of Primary Industries (DPI) or indeed the then Minister for Agriculture was to consider the setting of a quota for abalone in the eastern fishery off

Victoria, then we would talk to the stakeholders who were directly engaged with that issue and who had the expertise necessary to address those weighty matters.

This is contrary to what existed beforehand, which was a set of committees made up of the entire recreational and commercial fisheries sectors across the state.

I must say that in my time as a minister with responsibility for fisheries I found consultation worked best if there was some degree of formalised consultative process while at the same time having an open door policy and talking to and encouraging as many people as possible to express their views and particular takes on any given question before me.

This legislation effectively goes backwards by establishing a single 14-member Fisheries Advisory

Council made up of both recreational and commercial fishing interests as well as some specialist interests. It is worth weighing up the merits of the fit-for-purpose consultative process that the Fisheries Advisory

Council is replacing and the more generalist approach proposed by this legislation.

I will now take the view of an extreme cynic when it comes to this matter. I am not a cynic, and I suspect that not a single member of this house is one either; I am certainly not suggesting that the government is cynical.

In the government’s Future Fisheries Strategy consultation document, under the heading ‘Stakeholder engagement and governance arrangements’, point 5 states:

Establish a cross-sectoral fisheries advisory forum to provide advice to the minister or DPI delegates.

Let us take the example I mentioned earlier where the question before the department and indeed the minister relates to the setting of quotas for abalone or any species for the commercial sector in a particular fishery.

I do not know that the four members of the proposed

Fisheries Advisory Council who come from the recreational fishing sector — for example, inland fishing — would be all that interested in that matter or would contribute a great deal of expertise to the setting of a quota for any offshore species.

I question whether the move away from fit-for-purpose consultation is a positive way to go. However, as I said,

That is obviously the forerunner to the Fisheries

Advisory Council proposed by this legislation.

I draw the attention of members to the response of

VRFish, the peak recreational fishing organisation in the state and the umbrella organisation for a number of individual clubs and affiliate members. It is a terrific organisation; I enjoyed a terrific relationship with it when I was Minister for Agriculture. VRFish does a lot of good in this state. In its response to point 5, as previously quoted, VRFish stated:



VRFish embraces the opportunity for greater input into the stakeholder engagement process, however we believe a commensurate increase in funding will be required to deliver the expanded services required for this strategic role.

ASSEMBLY

In other words, those horrible cynics to whom I referred before, none of whom are amongst us, would possibly see this legislation as being very much a payout to justify greater funding for VRFish. Of course it would be overly cynical to view it that way, but it is an understandable interpretation — or misinterpretation perhaps — of the circumstances.

3437 consumption. Those difficult circumstances require very careful consideration of how one goes about consulting and how one goes about engaging with those sectors, because in my limited experience when you have difficult decisions to make, you had better have the process right or you will be criticised for it. What will be most criticised is the process. You must make sure you have a robust process in place so you can defend your resource allocation decisions at the end of the day. As such, I think a fit-for-purpose process is better than what the government is proposing in this legislation.

However, it raises an interesting point. When we were in government and I was the Minister for Agriculture why did we feel that we should introduce a fit-for-purpose consultative process? We felt it was the way to go so that we could broaden the intake in response to any particular question before us. So we would, for example, turn to the Futurefish Foundation, to VRFish or to a whole range of other individuals, either with specific scientific or sectoral expertise, or to both individuals and organisations, depending very much on the specific issue that was before us. This was a rational and modern approach to consultative arrangements for any sector and for any government to pursue, but we will see this government continue to take us back into the Dark Ages with its arrangements for the Fisheries Advisory Council.

Some of the questions that come before any minister who is responsible for fisheries are of a very difficult nature. On the recreational side they affect some

720 000 recreational fishers across Victoria. Those who have a keen interest in political trivia will be happy to know that that is twice as many recreational fishers as there were Greens voters in the state of Victoria in the last federal election.

I would like to point out again the importance of the recreational fishing sector in this state. It is claimed that it generates economic activity to the tune of

$2.3 billion. My personal experience is that it must be much, much more than that, because I think single-handedly I would have contributed more than that in fishing gear and in expenditure directly dedicated to recreational fishing — or at least it feels that way. I am sure that is not entirely accurate, but it certainly feels that way.

Fishing is a significant sector in this state, and it is incumbent on the government to get the settings for the sector right. Many small communities rely on it, the state economy as a whole relies on it and many other significant sectors interact with it. The fishing tackle industry, for example, is a very sizeable industry in this state, as are the boating industry and the many ancillary industries that make up the commercial component of the recreational fishing industry.

Mr then?

Mr

Mrs

Mr

Weller

Bauer

— Why did you put the Greens last

HELPER

HELPER — There was an interjection that we should use them as bait. I do not know any fish species that would bite.

— For very good reasons.

interjected.

Let us not, however, underestimate the importance of the commercial fishing fraternity in this state. I applaud the government on its recent decision to allow commercial scallop diving harvesting in Port Phillip

Bay. I think we would all agree that dredging, which was banned many years ago, was not a sustainable way to harvest scallops in Port Phillip Bay. Recreational diving had been allowed, and now the government is allowing commercial diving on a no-doubt regulated basis. I came across the proposal when I was minister, and I thought it was a terrific idea. I am glad it has found its way into reality under the subsequent government.

Let me go on. The issues confronting a minister who administers the allocation of a scarce resource are quite difficult, and this is always the case. It is particularly so when you have on the one hand 720 000 recreational fishers and on the other hand, at times in conflict with them, a relatively small number of commercial fishers who wish on behalf of the community to conduct their business, make money and harvest fish for general

There are a number of ancillary bits and pieces to the legislation, but the core of it is the establishment of a

14-member Fisheries Advisory Council. Whilst the opposition does not oppose it, I think it is a regressive step and one that I sincerely hope for the sake of both the commercial and recreational fishing sectors that the government does not come to regret and that manages


3438 to succeed where my pessimistic predictions are that it is likely to fail.

ASSEMBLY Wednesday, 16 October 2013 communication. This bill is about providing another forum.

Dr

Mr

Dr

SYKES

Helper

SYKES

(Benalla) — It is a pleasure to contribute to this debate and to follow on from the member for

Ripon. It is pleasing to have on record his explanation as to voting preferences: he was putting the Greens last so he could use them as bait, except that the fish do not bite on that bait.

— That is why I am not catching any!

— The member for Ripon has a sense of humour, and he is a genuine man.

The coalition government recognises the importance of the fishing industries in Victoria — both the recreational fishing industry, which as the member for

Ripon has indicated, involves over 700 000 fishers and the generation of well over $1 billion to the Victorian economy, and the commercial fishing operations. It is a pretty hard life for a lot of commercial fishermen. I remember going out from Inverloch a number of years ago and experiencing a day’s fishing with a commercial fishermen, and it is certainly a tough life. It can be rewarding, but they are out there, as are we on the land, at times competing against the elements and sometimes working with the elements.

I also highlight the coalition government’s very strong commitment to fishing, particularly recreational fishing, in the form of a commitment to an extra $16 million funding for recreational fishing during the term of this government. That money is being spent in a number of areas, including on massive restocking programs. A lot of native fish are being restocked; Murray cod and yellow-belly are going into many of our waterways throughout country Victoria, which has been of great benefit to our regional communities. Locally, Lake

Eildon has been the beneficiary of, I think, over

1 million Murray cod, some of which are starting to be caught because they are of catchable size. Beneficiaries at the local level include our small community of

Eildon and individual businesses such as Gary

Constantine’s shop there. At the other end of Lake

Eildon, around Goughs Bay, for example, caravan parks such as the one managed by Tom Cullen rely very much on recreational fishers and benefit from them.

It is a tough enough life, and we have to make sure that if in principle we value a commercial industry, we cater for the interests of those who do commercial fishing as well as the interests of those who do recreational fishing. The challenge for us as a government, as the member for Ripon would well appreciate, is striking a balance between the interests of commercial fishers on the one hand and recreational fishers on the other hand, as well as Indigenous fishers in some cases, while at the same time never losing sight of the need to ensure a sustainable fishery and general environment in the long term.

Along with the restocking of waterways, a lot of effort has gone into increasing access for recreational fishermen around Victoria. Money for this purpose has come from recreational fishing licence fees through the recreational fishing fund, but there is also other money going in. Other waterways that people benefit from include Lake Nagambie, which has been excellent for fishing since it was restocked in the last couple of years.

We should also note a classic example of working with nature. When the break from dry times came and the seasons came good again, we saw a real growth in the natural fishery population and also massive growth rates in the fish that were restocked, whether they were native fish or trout.

On trout, the member for Benambra has just walked into the chamber. He endeavours to catch trout at

Dartmouth Dam, but the focus is on endeavour, because when I accompanied him recently to the

Dartmouth Fishing Festival, neither of us caught a fish.

The government’s commitment to fishing is reflected not just in this bill but also in the broader context of its being strongly committed to consulting with recreational and commercial fishers. In the case of recreational fishing, as Parliamentary Secretary for

Primary Industries I have a role in assisting the minister to ensure that there is good two-way communication with recreational fishers. I believe I enjoyed a good relationship with Russell Conway and Christopher

Collins, for example, at VRFish in times gone by. I certainly enjoy participating in the Recreational Fishing

Roundtable chaired by Merv McGuire. They are two forums for providing feedback and two-way

The Fisheries Amendment Bill 2013 has a number of functions. It sets up a new statutory authority, the

Fisheries Advisory Council, to provide strategic advice to the Minister for Agriculture and Food Security on fisheries management issues. Embedding this council in legislation fulfils an election commitment and will ensure the continuation of effective and proactive consultation with the fishing sectors. The council will consist of 14 members who possess expertise in recreational, commercial and Indigenous fishing interests, as well as fisheries economics and ecology.



This membership will reflect the diverse nature of the commercial and recreational fishing sectors in Victoria.

The bill also makes miscellaneous amendments to improve Victoria’s fisheries management framework.

Key fishery stakeholders, including Seafood Industry

Victoria, VRFish and the statewide recreational fishing round table have been consulted on key aspects of the bill and support the establishment of the council. innovation to promote the competitiveness of commercial fishing. New technology is always being introduced, and it is a matter of taking advantage of industry knowledge to utilise this technology to ensure efficiency and maintain a sustainable production system.

The sorts of things we can expect the council to assist the minister with include answering questions such as,

‘How do we effectively manage and provide for commercial, recreational and Indigenous fishing interests while ensuring the sustainable use of resources in the face of population pressures?’. Interestingly the minister and I have just met with a deputation from

Corio Bay, where recreational fishers are concerned about retaining a sustainable fishing population there and a sustainable environment. This is an example of the minister having to do a balancing act between the interests of recreational and commercial fishers and protecting the environment.

Another question which this council may be able to help the minister with is, ‘How do we increase the role that fishers have in fishery management and what are the core roles for government?’. This is in the context that there is a lot of expertise in our community. I know that at a local level members of the Tatong Anglers

Group, for example, are excellent conservationists.

They do many things to enhance the fishery and the habitat, and there is a great opportunity for us to utilise this accumulated knowledge and energy in managing our fisheries down the track.

The other significant challenge that the Fisheries

Advisory Council could help with is improving the current arrangements for fisheries that are jointly managed by the commonwealth and the state. The current situation is a bureaucratic nightmare. If we can take on board the practical experience of people in the industry, recognising their diverse backgrounds and experience, then that could well assist the minister in working with his federal colleagues to come up with a practical way of reducing red tape for the fisheries that are managed by both the commonwealth and the state while protecting those fisheries for the long term.

In summary, this is a bill that delivers on an election commitment. It is a bill that will see enhanced consultation with industry. I am optimistic that it will work, because there will be a wise choice of representatives on the council. There will be good information on the table, there will be goodwill around the table and there will be good leadership by the chair.

I wish the bill a speedy passage.

Ms NEVILLE (Bellarine) — I rise to make a contribution to the debate on the Fisheries Amendment

Bill 2013. As the member for Ripon said, the opposition will not be opposing the bill. As has already been mentioned, this bill is primarily about establishing an advisory council with membership coming from the commercial and recreational fishing sectors to advise the government on strategic matters relating to fisheries management. On the surface that all sounds pretty good. But does it really acquit the government’s election commitment?

A further question might be, ‘How do we best improve the productivity and efficiency of our commercial fisheries and aquaculture, minimise the regulatory burden and create employment across all sectors?’. This is very important to me locally for the farmed trout industry in the Murrindindi shire and in particular in the area that I represent. The trout farmers are very significant contributors to our farmed fish and aquaculture populations and are constantly dealing with issues such as water temperatures during the hot, dry summers, returning the water that they push through their fisheries back into the system in a clean form and ensuring that the fees they are charged by EPA Victoria accurately reflect the contribution they may, or may not make, to the nutrient load and general supervision.

These are here and now issues that are being raised with me as the local member.

If we look at the minister’s second-reading speech, we see that the commitment in relation to commercial fishing, for example, was ‘to reinstate an effective and proactive consultation process with industry’ — so effective and proactive. In relation to recreational fishing it was ‘to reinstate a consultative process that involves all the peak bodies in the industry’. We will now see how this body actually works. We will see whether it achieves the aims of real, effective consultation, whether it has the ability to engage on critical, long-term and strategic management issues and whether it really plays a role in balancing the interests of commercial and recreational fishing.

We also need to look at perhaps using these people to determine how we can best utilise technological



The second-reading speech outlines some significant areas in which the advisory council would provide advice — and the member for Benalla referred to some of these in his contribution — from introducing more efficient and flexible fishing management arrangements to how you would secure access to resources, how you would optimise the value of the use of Victoria’s fisheries resources through to the management of commercial fishing and recreational fishing and how you would develop statewide policies in relation to fisheries licensing, management, research and compliance. that would best support our recreational fishing industry.

Of course commercial fishing is also a very important state, national and international industry for us. It creates many jobs and many export opportunities, and it provides some of the best seafood for local and international markets in the world. In my electorate a lot of commercial fishing goes on, particularly around

North Bellarine, but it also operates out of Queenscliff.

Anyone who has had fish from Queenscliff Harbour will know about the fantastic fresh fish that is available in my electorate.

These are all very significant issues on which this council would be potentially providing advice. One of the critical things we know about advisory councils and their ability to be effective in their consultation and advice is, firstly, you have to have a minister who is committed, and that is unclear in regard to this process, and it is certainly a bit unclear in regard to his other actions; secondly, the minister has to be committed to taking on board advice; and thirdly, you have to have expertise and support to ensure that the membership of this council is able to provide that high level of advice that goes to those critical issues, because without that expertise it would be very difficult for the council to provide advice across the industry.

As has been mentioned, there are tensions between the commercial and recreational fishing sectors. The member for Benalla has said today that he has met with people from the Friends of Corio Bay Action Group. I am not sure if the member for South Barwon also attended that meeting or not, but there is a significant debate going on in the Geelong region at the moment.

Concerns have been raised by the recreational industry about fish stocks, overfishing in Corio Bay and the inability of recreational fishers to be able to catch fish in Corio Bay. The commercial industry has said that it believes it is fishing at sustainable levels and that there is plenty of stock available.

The other way we are going to judge the effectiveness of this council is through the actions of the government in a number of areas. So far its actions in this area of fisheries would suggest that despite its rhetoric, it is really not interested in the long-term strategic management of fisheries nor in improving fisheries management or engaging in effective consultation with the commercial fishing industry and the recreational fishing industry. I will come back and touch on some of those issues shortly.

As the members for Ripon and Benalla have mentioned, the commercial and recreational fishing industries are critical parts of Victoria’s economy. We know that recreational fishers spend considerable funds on their pastime, and the figure we have heard today is that they make a $2.3 billion economic contribution.

However, apparently that is putting aside the contribution the member for Ripon has made, which amount is over and above that! There is enormous economic benefit from recreational fishing within our community. In my electorate of Bellarine we have one of the largest numbers of recreational fishing licences in the state, and that is why over a period of time we have invested significantly in the infrastructure in Bellarine electorate, from Clifton Springs right through to

Queenscliff, to ensure we have the boat ramps and piers

In all these cases there are very contestable areas. It is very contentious, and, rightly, people are standing up for their particular interests in this debate. I note that the advisory council is about consensus, and I think in this area it is going to be hard to reach consensus. However, there are opportunities to reach a better outcome than where we are at the moment, but that is going to require negotiation, it is going to require investment and some new thinking about how you manage this and it is going to require good information, data and research. That is why you need these advisory councils and strong leadership from the minister on how you might actually reach a good negotiated outcome. Sometimes you have to acknowledge that consensus is not necessarily going to be the only way forward; there may have to be negotiation and particular interventions in order to realise the interests of both parties. My point is that it cannot just be a talkfest. There are some real issues and real tensions that exist in this area, and having those people on the advisory council will not in itself solve the issue.

There are a couple of other issues that go to the question of whether the rhetoric matches the action.

Firstly, I acknowledge the decision the government has made to allow the scallop dive fishery, and I think that is good. However, the Port Phillip Bay Scallop Dive

Fishery Association, which has been working in this


Wednesday, 16 October 2013 ASSEMBLY space for a very long time now — in fact, since 2009 when it first met with the then minister — has put quite a lot of money into this space. It did all the initial resource assessments in 2011 and then again in 2012, and it has had meetings with the minister and the parliamentary secretary about this. They were assured about a process, and they have put in submissions.

3441

I am pleased several speakers highlighted that the scallop dive fishery is open. Port Phillip Bay scallops are probably the most superior scallops found in

Australia, but particularly in Victoria. They are sweeter, nicer scallops than the ocean fishing ones. No offence to the Lakes Entrance fishermen, but the bay scallop is a superior product.

It appears to me that the issues they have raised, the issues around potentially breaching competition principles et cetera that have come out of the final decision to have a single option, indicate to me that in relation to the issue of consultation and working with the industry, those who have had the most to gain by good management practices in these fisheries have not been taken seriously and have not been consulted properly. If that were to continue, this advisory council will not provide the way forward in tackling some of these big issues.

The commercial and recreational fishing sectors have a huge economic value in Victoria. When you think of the recreational sector, you realise you have people coming in and purchasing fish, bait, fuel and tackle.

When they go out they spend money on accommodation and buying food in the local economy.

Obviously they spend money on their boats and vehicles and trailers. The same goes to a certain degree for the commercial sector, because operators there also have a significant investment. Obviously their vessels are more expensive and they have their nets, trailers and vehicles.

Another matter I wanted to raise is the decimation of research and science in this area. I raised this issue last year with the minister when we saw half the research and science positions at the Department of

Environment and Primary Industries in Queenscliff cut.

The laboratories and the equipment were also cut; they were all gone. We had a state-of-the-art building and some of the best experts down there, who, for example, had revived the mussel industry in North Bellarine so we have real potential there. That expertise has now gone. You cannot resolve these issues without the research, without the experts and without the science.

Cutting and decimating our world-renowned experts is a short-sighted decision, and it is an indication to me that the government is not serious about ensuring we have this committee well resourced with the best data and with the experts out there to ensure that we get the best balance in terms of a sustainable fishing industry, the best management arrangements and the best compliance arrangements. You need that research and you need that science there. I would urge the government to rethink the decision that was made last year. On that note, I think there are some areas of concern, but I commend the bill to the house.

Mr KATOS (South Barwon) — I am very pleased to rise to make a contribution in support of the Fisheries

Amendment Bill 2013. I would venture to say that among members of this house I probably have the most experience in the commercial fishing sector. My family has been involved in fishing since my father first got into the industry in the 1950s. He was one of the first to scallop fish in Port Phillip Bay. From memory, we had scallop licence no. 47. From the dredge perspective, the last year Port Phillip Bay was scallop fished was 1996.

We also have a significant aquaculture industry in

Victoria, particularly the huge mussel industry in Port

Phillip Bay. I know Lance Wiffen from Sea Bounty

Mussels very well. He was one of the first people to get involved in the aquaculture industry in Victoria. He is one of the pioneers, and he has seen the industry go from strength to strength. He has been very innovative in the way he has approached his sales, not just putting the mussels in a bin and selling them as such but also value-adding with half-shell mussels, retail packs and vacuum packs. He is looking to create employment.

The important thing about the commercial aquaculture and recreational sectors is that they create jobs. A lot of employment is based in the fishing sector, whether it be the commercial or recreational side, and as I said, the flow-on effects are huge.

The reason we are here today is that this bill is the culmination of an election commitment we made when we were in opposition — namely, to re-establish the

Fisheries Advisory Council. A similar body was in place before 2009. The member for Ripon earlier talked about fit-for-purpose consultation. He said the advantage of that is that its scope can be broadened and different people can be consulted. The other side of the coin is that consultation can be narrowed as well: you can consult with as few people as you wish if you are going to use fit-for-purpose consultation.

When the Minister for Agriculture and Food Security was the shadow Minister for Agriculture he summed up this process very well during a second-reading debate on the Primary Industries Legislation Amendment Bill.

On 11 November 2008 he said:


3442

The department has a very important role to play in this whole process, but having the department in charge of the consultation process as well, when the consultation may well be about how the department is carrying out its particular role, is bit like putting the fox in the hen house or putting the poacher in charge of game on the lord’s estate. It is important that there be a division between the department’s role and the consultation role.

ASSEMBLY

Those words are very important because establishing this advisory council will bring together different people with different levels of expertise in certain industries and provide a bit of balance.

Wednesday, 16 October 2013 the member for Benalla said, we met earlier with a delegation from the Friends of Corio Bay Action

Group. In essence that meeting showed that there are conflicts between recreational fishers and commercial fishers. As I said, for recreational fishers it is a pastime during which they enjoy themselves and put some food on the table, but what must also be understood is that commercial fishers are not there from only a dollars and cents perspective.

Fourteen members will sit on the advisory council. At the moment there is an interim council that was appointed in August, and one would venture to say that a lot of its members will transition across to this new advisory council. What this bill does is enshrine the

Fisheries Advisory Council in legislation and strengthen the government’s commitment around the council. The council will have 14 members: a chair, a fisheries ecologist and a fisheries economist — so you are looking at the environmental side and the dollars and cents side; you are not looking at purely one or the other — and obviously there will be someone representing Indigenous fishing interests. Five members will represent commercial interests and five members will represent recreational interests.

Not every person in the state has the ability to get in a boat and go fishing, so those commercial fishermen are there to provide fish for people who simply cannot get out there and catch their own whiting or snapper. You might have an elderly lady living next door who is not going to be able to get in her tinny and go out and catch a feed of snapper. In saying that, I must say I have no further interest in the fish business. I still like eating fish, and oysters in particular — and that is another industry. Obviously the oyster industry is starting slowly in Port Phillip Bay, where there is the mud oyster. Again, Lance Wiffen is doing that, and it is good to have those sorts of industries in Port Phillip

Bay because, as I have said, they generate jobs and income for those involved.

It is very important that we try to strike a balance between the commercial and recreational sectors and also have respect for the Indigenous fishing interests.

Any primary production resource, but particularly fish, is a scarce resource. There is a finite number of fish out there, and essentially all fishermen, whether they be recreational, Indigenous or commercial, are competing for that same fish. They are out there either trying to make a living or engaging in recreation with perhaps their children, enjoying a very satisfying pastime while also putting some food on the table, much like recreational hunters do. It is very important to get the balance right between the recreational sector and the commercial sector.

As the name suggests, the advisory council will be there to provide advice. The minister does not have to accept the advice, but if good, decent people who have expertise in their specific areas are appointed to that advisory council, they can give sound advice to the minister. That advice will be based on evidence or on the experience of those members. It is very important that good people be appointed to the board, and it will flow through that the advice given to the minister will be sound.

The board is where we need to get consensus and understanding between those in all fishing sectors. As

It is very important that we have a balance, because there is a lot of competition for that scarce resource.

Having experts or people with experience in the industry on the advisory council to provide sound evidence-based and experience-based advice to the minister can only mean that the minister’s decisions will be made with full knowledge of the facts, figures and experience of people who have been in the industry. With that, it gives me great pleasure to commend the Fisheries Amendment Bill 2013 to the house.

Mr HOWARD (Ballarat East) — I am pleased to add my contribution to the debate on the Fisheries

Amendment Bill 2013, which as we have heard from other speakers does two things in general. The first and major component of the bill is to establish the Fisheries

Advisory Council. It also makes a number of miscellaneous changes to the Fisheries Act 1995 that are of less significance in some ways but may prove to be of specific interest to the commercial fishing industry, where levies can be varied and so on.

As indicated by the last speaker, the member for South

Barwon, and as other speakers have already indicated, the fishing industry is very important in this state. The commercial and recreational fishing industries provide many opportunities to ensure that we have food — that is, fish and various forms of seafood — available in our shops in Victoria but also to provide export industries


Wednesday, 16 October 2013 ASSEMBLY 3443 and in a number of cases to enable us to export products into Asia.

Commercial fishing is a pretty tough industry, but sometimes it is very successful and rewarding. Of course it is an important part of the life of so many of our coastal towns around the state. From Port Fairy and

Portland and right around the coast to Lakes Entrance and on to Mallacoota, both commercial and recreational fishing provide a very important component to the economy and life of those towns. As we have heard from other speakers, we do not refer to the economy of coastal towns just in terms of the fish that are caught or sold; there are so many items that fit into this economy — for example, the equipment that is required for that fishing, whether it be the boats, the trailers or other fishing equipment. Clearly that forms a very important part of the economy of those coastal towns, as it does for many inland towns around this state where there are some great inland fishing sites.

As well as that we have the aquaculture industry, which is developing further in this state. That includes the yabby industry, which has been greatly challenged through the drought years but is now in a position to develop again. As a member of the Rural and Regional

Committee of this Parliament, I was pleased during hearings on a recent reference we undertook in regard to food safety standards to have an opportunity to visit a number of areas and hear about a number of issues associated with the fishing industry as they related to food safety. However, in my former role as parliamentary secretary to the then Minister for

Agriculture I also had an opportunity to talk with many people in the fishing industry to gain a greater appreciation of the issues that have been of concern to them and have been important in that industry. I am pleased to have been able to understand the industry and to gain an appreciation and understanding of the broad range of fishing industries across the state, as well as their value to the state and the individuals involved in those industries.

I would just add that the chairperson of our committee also made a statement today on the government’s response to the committee’s report on food safety standards. Some of that related very significantly to the seafood industry and to the yabby industry. We met with people in the yabby industry who were concerned about how food safety standards were affecting their progress in the industry, and we made recommendations to ensure that their progress was not being impinged upon excessively while food could be safely handled. They also wanted their industry to be dealt with in comparable ways to the industry in other states.

We will see, but I was slightly disappointed with the minister’s response to that report, which came out during the last fortnight. In regard to the yabby industry the minister said that he supports the concept that we are putting forward and will consult with the industry, but it is still a little bit unclear what the outcome for the yabby industry will be in terms of its requirements for food safety standards. I hope that in the not-too-distant future a sound outcome is brought forward which will allow that industry to develop and provide good, sound product. Likewise operators in the wild catch part of the seafood industry — that is, the live seafood industry — also expressed concerns about the requirements of

PrimeSafe in regard to food safety in that industry. I see that the minister accepted that this area is of low risk and should be treated accordingly. Again I was a little disappointed but not surprised that the response from the minister was that he will consult further and seek an examination of the best way to progress this, so the outcome is yet to be made clear. However, we hope that in following through on these issues the minister will see that the wild catch industry, the live seafood industry, is dealt with appropriately in terms of food safety standards.

Recreational fishing is clearly a great industry across this state and a family-friendly industry. While I have not been a great fisherman myself, as a child and as a university student I enjoyed fishing in the ocean and in some of our great rivers around this state. I remember some terrific trips in my university days with university friends up the Howqua and Delatite rivers. We did not necessarily catch a lot of fish but we certainly enjoyed the camaraderie of the trip and a good time was had by all who attended.

I am pleased that my son, who is now aged 10, has developed an interest in fishing. He managed to persuade me to buy him a new rod and he fishes in

Lake Wendouree, which has water in it again, making it possible to fish there. He has not been successful in catching any fish in Lake Wendouree but when we went to Peterborough during the last summer holidays my sister-in-law managed to organise for him to go out in a boat in the estuary at Peterborough. He had a big smile on his face and was very pleased because he was able to catch some whiting there. He has also been out on Corio Bay with me and the member for Geelong looking to snare some fish there. While he was unsuccessful, I was able to catch something. I forget whether it was a flathead or what it was but I at least came away with something, so I was pleased. Clearly recreational fishing can be a great family activity and is one that ought to be encouraged.



In regard to the establishment of the Fisheries Advisory

Council, we have heard what the role of this committee will be, and it is laudable for the government to consult widely in regard to the council’s development, its management and its policy development in regard to fishing. We want to ensure that this government does the best job it can for the fishing industry across the state. The concern members on this side of the house have is that a Fisheries Advisory Council as a permanent body might not be the best way to undertake this consultation, but clearly it has much to offer in representing a mix of commercial, recreational and

Aboriginal fishing interests and so on. I hope this body, when established — even though I see it is predicted to cost something of the order of $80 000 per year — will be of ongoing value and will help the minister and departmental officials to make those important decisions about protection of the industry and will ensure the appropriate balance and will also ensure good management practices.

Clearly the jury is out on this matter. We will see whether other forms of consultation would be better, but I presume broader and more specific consultation will continue to take place in a range of areas as required. We will see what the effects of this permanent body will be. I hope this legislation is a sound step forward for the fishing industry across this state, which is an important industry, as I have said. We will wait and see how the Fisheries Advisory Council operates in the future. the fishing industry is so diverse. The government is consulting widely with our recreational and commercial fishing sectors, and the efficiency and management of

Victorian fishing should certainly improve as a result.

This bill demonstrates that the government is genuine in its commitment to consulting with peak bodies in the fishing industry.

We all know that commercial and recreational fishing are extremely popular right across the Victorian community, and I can speak for the electorate of

Carrum. Recreational fishing contributes significantly to the economic development of the electorate, which is now looking at the peak snapper season. Our local community groups and angling clubs have fishing competitions and our small businesses such as local petrol stations benefit when anglers fill up before they launch their boats to go fishing. There is our

Launchingway facility down at Patterson River; we have bait and tackle stores and we have lots of commercial charters operating, so tourism also benefits.

The fishing industry is a very important part of the

Carrum electorate. Studies have shown that on the average fishing trip people will spend $250 on bait and fuel. They also spend money on accommodation.

People come down, book a fishing charter and stay in the electorate, which is wonderful for tourism not only in the Carrum electorate but right across Victoria.

Mrs BAUER (Carrum) — It is a great pleasure to rise to speak on the Fisheries Amendment Bill 2013.

The purpose of the bill is to establish a Fisheries

Advisory Council. This demonstrates the Victorian coalition government’s commitment to consulting with and supporting the recreational and commercial fishing sectors.

We have also heard about the benefits of the commercial fishing industry and that 122 different types of marine species, including abalone, can be collected. We heard the member for South Barwon, in his contribution to the debate, talking about scallops, oysters and lobsters as well as prawns, squid and sharks. In 2010, for example, 3183 tonnes were collected. I see members salivating as I talk about all the different marine species. I think there will be a lot of seafood on the menu tonight; certainly I may be ordering some flathead and chips.

At the outset I would like to commend the Minister for

Agriculture and Food Security for his leadership and commitment in this area. In August the minister announced that the Fisheries Advisory Council would be formed, and one of the reasons we are here today is that the government has introduced a bill into

Parliament to embed the council in legislation. In the interim the Fisheries Advisory Council has been operating in a non-statutory capacity.

The Fisheries Advisory Council will consist of

14 members, which will result in greater efficiencies, and it will be reporting back to the minister. I am pleased to see that members of the council will come from a diversity of areas across the recreational and commercial fishing sectors. This is important because

The Patterson River is recognised nationally as a major gateway to some of the best snapper feeding grounds in

Port Phillip Bay. Each day during the peak summer snapper season between 400 and 500 boats use the river. I know that because I have dropped off my son who works on one of the charter boats during the peak season. Believe it or not, at 3.00 a.m. there can be queues that go back kilometres, with people waiting to launch their boat in order to get out for the tide change to hook the elusive snapper. I love dangling a line. Only last weekend I went out with my family. I love the thrill — —




Mrs BAUER — Yes, I was taken out — not at

3.00 a.m. — but it was very early. I love the thrill of catching a fish. More often than not it is a flathead on the end of my line, not so often a snapper. But I have been bluefin tuna fishing at Portland. There are amazing commercial and recreational fishing sectors down there — and I might say a fabulous local member as well. The fishing industry is really terrific right across the state. We also dabble in a bit of fishing at

Lakes Entrance. I have not been fishing at South

Barwon, but after the contribution from the local member I will need to get over that way. Fishing is a great way to spend time with family and friends in the outdoors, and it helps people in our community to stay active and connected. It is a great way for over

720 000 Victorians to enjoy getting out and about in their communities.

It is important to touch on our government’s achievements and investment in recreational and commercial fishing. The 2013–14 recreational fishing grants program is funded from revenue generated by the sale of recreational fishing licences, which are open to fishing clubs, community groups, incorporated bodies and statutory bodies. That is one way in which we are reinvesting the recreational fishing licence revenue. more efficient boat launching and retrieval and also improved fishing access at one of Victoria’s most used boat launching facilities. We have seen the delivery of the new fishing platform to the east of ramp 4, which has been part of this project. It includes improved wheelchair access to a very popular fishing spot. The signing of a memorandum of understanding between

Parks Victoria and VRFish recently demonstrates the growing relationship between our government, Parks

Victoria and Victoria’s peak body representing recreational fishers.

I am very proud to speak on the bill. It is a great step forward. We are listening to and engaging with our recreational and commercial fishing sectors. I would like to finish with one example. I am getting involved in Mates Day on the Bay again. This is a terrific exercise that is organised by Futurefish Victoria and

Launchingway at Patterson River, which is a very community-involved organisation. This will be its 15th year, and it is important to mention that some

230 people with disabilities will be taken out by 70-plus boat operators for a day of fishing on the bay. It is one of the highlights of my year. There are spaces available, so if any of my colleagues would like to donate their time to be a skipper for the day with Futurefish, please come on down.

As we have heard from previous speakers, the government will be establishing a niche hand-harvested commercial scallop fishery in Port Phillip Bay. The

Port Phillip Bay dive fishery has been mentioned. I am often in discussion with Grant Leeworthy, who is a local constituent in the Carrum electorate. He is passionate about the scallop industry, has been very involved with this and is keen to be part of this exciting new business and employment opportunity to improve the supply of locally caught Port Phillip Bay scallops.

Recreational fishing continues to improve under the

Victorian coalition government, with $6.7 million invested in more than 100 projects including the stocking of native fish, boat ramp improvements, which the Carrum facility at Patterson River has benefited from, facility upgrades and community education programs. In 2012-13 the government invested

$3.36 million from the sale of recreational fishing licences into 77 projects to improve fishing access across the state. Fishcare Victoria, for example, will receive $200 000 a year from the sale of licences.

We have a group of people with disabilities who come down to the Patterson River to use the platform. They are being taught to fish through Fishcare. We have also benefitted from a $430 000 upgrade to the Patterson

River boat ramp, which now provides much safer and

Mr BROOKS (Bundoora) — It is a pleasure to make a brief contribution to the debate on the Fisheries

Amendment Bill 2013. As other speakers have mentioned, the bill establishes the Fisheries Advisory

Council. It also makes a number of other smaller, although important, changes that this house should take note of. Although the bill is small in size, it is still significant because it impacts on the operation of a very important industry and a very important part of the way of life of many Victorians. I understand that in 2009–10 there were some 270 795 recreational fishing licences, which provide revenue of about $2 million for the various programs that are allocated funds under the disbursement of the trust fund for recreational fishing licences. It goes to programs around education, the stocking of fish and different fishing projects and programs around the state.

As other speakers have mentioned, recreational fishing is a very important sector employing many people in

Victoria. I think about 5200 people was the figure given in a study done by the government in 2009 of people employed in recreational fishing or related industries.

Recreational fishing provides a massive economic and employment economic impact. It is also a great recreational activity, one that is important for our state and one that no doubt has significant benefits for the wellbeing of many Victorians.



Commercial fishing is also of great importance to our state. According to 2011 Australian Bureau of Statistics figures, some 1700 people were employed directly in the commercial fishing sector, contributing over

$60 million to Victoria’s economy, so it is a sizeable and very important part of Victoria’s economy as well.

The number of fishery access licences in 2011 was 797, but they are decreasing each year. Again, it is an important part of Victoria’s economy and an important part of the way of life of many Victorians. The fishing industry also provides a very important source of fresh and nutritious food to Victorians. People would be well aware of the health aspects of people eating seafood. To have that source of food harvested in Victoria or off the

Victorian coastline is of great value to our population. It is important that a sustainable industry is maintained into the future so that whether it be for recreational or commercial purposes those activities can continue.

The Fisheries Advisory Council that has been created and is formalised through this bill consists of

14 members. It has been operating in an interim capacity for some time. It has an independent chair,

Peter Neville, five commercial fishing representatives, five representatives from the recreational fishing sector, a fisheries ecologist, an economist and, importantly, someone representing Indigenous fishing interests. I think that council has had at least one meeting, and it is the intention that those people will roll over into the statutory council that will be created if and when this bill passes the Parliament.

Our lead speaker raised the issue of the best model of consultation for the fishing industry. It is important that the minister and the government take heed of those comments around the best way to frame consultation when it comes to important fishing matters.

As I said, the bill also makes miscellaneous amendments, some of which would give us good reason to look at them more closely. Much of the angst that has been generated in the fishing industry in the past has been around the imposition of different licence fees or levies on people who rely on fishing or harvesting seafood for their livelihoods. A significant increase in licence fees or levies can have a dramatic effect on the viability of their businesses and therefore their livelihoods. Clause 7 of the bill gives the government the scope to apply levies in a much more flexible way. This needs to be carefully considered by the Parliament. We need an assurance from the minister that these levies will not be imposed in a way that impacts negatively or unfairly on those who rely on the fishing industry for their living.

The opposition had the benefit of a briefing from department representatives. We thank the government and the representatives for the information we were provided. Some of the questions we asked were taken on notice, and it is worth reading some of those responses or parts of those responses into Hansard for the record. There was an important question about members of the Fisheries Advisory Council being able to have input and to set their own agenda for future meetings and the direction of the committee’s work plan. In response to that question, we have been assured that council members will have the opportunity to generate agenda items and raise issues for the council’s future work program.

There were also questions about whether the cost of running the council — which is estimated to be about

$80 000 per year, based on the council meeting five times a year — would be drawn from the department’s budget or the income that is derived from fishing licence fees. Members would be well aware of the concerns recreational anglers have that revenue raised from their licence fees is used for programs and projects that improve access to fishing or increase fish stocks and is not swallowed up by the department for bureaucratic processes. On that question, we have been assured that the council’s budget — that $80 000 a year — will be internally funded from Fisheries

Victoria’s recurrent operating budget, which is derived from state revenue, and that that source of funding will not come from the Recreational Fishing Licence Trust.

It is important that that question has been asked.

There was also a question put to the government’s advisers as to where the best place to catch fish was from the perspective of members. I think the member for Ripon and I might heed some of the advice that was given to the opposition in response. I hope that information has not been shared with members of the government, because we would like to think we can get to these places without having too many other people crowding us out! On the weekend we might head out in a tinnie and see if we can catch a few fish.

With those comments, the opposition will not be opposing the bill. However, a number of issues have been placed on the record for the government to be aware of as it embarks upon the establishment of the

Fisheries Advisory Council.

Mr BULL (Gippsland East) — It is with pleasure that I rise to speak on the Fisheries Amendment Bill

2013. It is well recognised that recreational fishing is one of the most popular pastimes or sports in the world, and we know the commercial sector plays an important role not only in local and regional economies around


Wednesday, 16 October 2013 ASSEMBLY 3447 the world but also as an extremely important food source to feed the people of the world’s many nations.

As we have heard from previous speakers, the primary purpose of the bill is to improve Victoria’s fisheries management framework by establishing the new

Fisheries Advisory Council. My electorate of

Gippsland East has the best recreational fishing in the great state of Victoria, as the Minister for Police and

Emergency Services, who is at the table, would know and appreciate. Both the commercial and recreational sectors are very important to the local economy. The commercial sector operates in our estuaries and also offshore in the waters of Bass Strait.

The Lakes Entrance Fishermen’s Cooperative Society has one of the one of the biggest throughputs of fish in

Australia. It is not often recognised, but the fishing sector in Lakes Entrance — whether that be offshore crayfish or deep sea fishing or the inshore trawl, bay and estuarine fishing — is a big driver of the economy of not only East Gippsland but also Victoria as a whole.

We well know the great fishing locations we have right along the stretch of coastline in the far east that supports so many tourism-based industries and local economies in those seaside townships. This group is profoundly important in relation to the management of the ongoing sectors and to those industries having an input and say in any decision-making processes.

Just to demonstrate the importance of fishing to my local economy, I point out that my electorate of

Gippsland East has the Gippsland Lakes, Mallacoota inlet, Sydenham inlet, Lake Tyers and Tamboon inlet, which are all important fishing locations. Even the length and breadth of Ninety Mile Beach attracts thousands of people year round as a surf fishing destination. Having been the editor of a couple of fishing magazines that cover this area in a past life, I recognise the importance of fishing to the local economy.

The advisory council being put in place will allow the various sectors in the fisheries industry to have a say in improving fisheries management arrangements. The council will advise on the means for introducing more efficient and improved fisheries management strategies and will assist in securing access to resources, providing stewardship incentives and optimising the value of Victoria’s very important seafood and recreational fishing industry. I will explain some of the options and considerations this council may weigh into, including the management of the commercial fishing sector, the recreational fishing sector and the

Indigenous fishing sector. Members of the council will provide their viewpoints on those matters.

The council will be involved in the promotion of the co-management of fisheries, which is a very important matter in all seaside and coastal locations within this state. Members of the council will also provide input into statewide policy that affects both the commercial and recreational fishing sectors, including matters relating to licensing and compliance. In all the surveys done on recreational fishing, compliance and enforcement matters always appear as very important issues. The council will also advise on matters relating to intergovernmental agreements, particularly the cross-border issues that often arise matters related to fisheries. Security of access to resources, in particular fisheries, is also very important. Some fisheries have come and gone over recent years, particularly some of our offshore fisheries in which stocks have been drastically overfished for which there have been repercussions later on. Having an advisory board in place to advise on the management of those fisheries is very important.

As some speakers mentioned earlier in the debate, the board will consist of 14 members: an independent chairperson, which is obviously a good move; four members of the commercial sector; one member of the commonwealth commercial sector; four members of the recreational fishing sector; one member of the recreational business fishing sector — it is very pleasing to see that the business sector and the recreational fishing industry will be represented; one representative who will promote and have a knowledge of the Aboriginal fishing community; an ecologist; and an economist to do the numbers. Clearly the number of members and composition of the Fisheries Advisory

Council will ensure that all aspects — the entire spectrum of activity — of participants in the fisheries industry will be covered. This broad range of expertise will ensure that information that goes to the minister will be well researched so that high-quality advice can be provided. No doubt that high-quality advice will then translate into improved strategies and improved fisheries management.

The number of members of the council will also reflect the diverse nature of the various commercial and recreational fishing sectors in Victoria. Commercial fishing licences in this state cover a range of fishing activity, including deep-sea fishing, trawl fishing and lobster fishing, as well as fishing for Balmain bugs and prawns and estuarine fishing, including seine netting and gillnetting in some of our estuaries. Licensed fishing activity even includes gathering pipis and shellfish. There are many types of fishing licences, including bait licences to service the recreational fishing industry. I am sure many people do not


3448 ASSEMBLY Wednesday, 16 October 2013 appreciate the enormous economic benefit that is derived from commercial fishing across the board.

Members of the Fisheries Advisory Council will be appointed for terms of up to three years and will be able to serve two terms. That is a good arrangement which will ensure a regular rotation of members. I am sure that the number of members and their level of expertise in their respective areas will allow the council to provide adequate advice on whatever challenges or issues arise and present themselves. One of the most important factors of the legislation before the house is that all key fisheries stakeholders are supportive of it.

Seafood Industry Victoria, VRFish and the Statewide

Recreational Fishing Roundtable have all endorsed the establishment of the Fisheries Advisory Council and think it is a good idea. These organisations have been consulted on key aspects of this legislation, including the functions that the council will perform, so the legislation certainly has their support.

At this point I want to touch on the economic aspect of both the commercial and recreational sectors, and in particular I will relate it to my electorate of Gippsland

East. I know that many members of this house sneak down my way to enjoy fishing, including the member for Benambra, who has just walked into the chamber. I have also seen the member for Narracan sneak up to

Raymond Island for a few weeks every year, and no doubt there are many other members who visit the area.

My patch of Gippsland East has an enormous number of coastal communities that thrive on income derived from either commercial or recreational fishing. They include townships such as Lakes Entrance, Paynesville,

Metung, Marlo and Orbost, right along that stretch up to Cann River, Bemm River and Mallacoota. These townships all have thriving communities, and their backbone is either commercial fishing or tourism.

Amazing recreational fishing opportunities attract literally thousands of people on an annual basis.

I have no doubt that the new Fisheries Advisory

Council being put in place by this legislation will provide the expertise needed to examine thoroughly all of the issues that arise and provide sound advice to the minister based on the extensive fishing backgrounds of the council’s members. I commend the bill to the house.

Mr CARBINES (Ivanhoe) — I will make some brief comments in my contribution to the debate on the

Fisheries Amendment Bill 2013. As previous speakers have done, I will make some comments in relation to the Fisheries Advisory Council. I have just noticed that

I have more time to speak than I thought I had. I have felt as though time has stopped in this place in the last few years. The Labor Party is not opposing this bill.

The reforms being put in place by the government relate to replacing the fit-for-purpose consultation processes that have been standard in fisheries management and the provision of advice to the minister. This legislation changes such arrangements to a one-stop-shop model — a cross-sectoral body the purpose of which is to provide advice to the Minister for Agriculture and Food Security on strategic matters relating to fisheries management. This reform is welcome, but members of the Labor Party have raised some concerns about how it will be assessed. How will we compare the establishment of the Fisheries

Advisory Council with the current arrangement of fit-for-purpose consultations that allow a minister for agriculture to set up expert panels and bodies, thus drawing upon expertise in the community and in the fisheries management sector to deal with specific issues that may arise?

If we are going to replace the fit-for-purpose consultation process and the flexibility the minister for agriculture has to go down that path, then we need to have some assurances that the Fisheries Advisory

Council — one source of advice to the minister — will be able to meet its obligations to provide such advice, particularly in light of the flexibility that has been available to the minister in the past to establish and task fit-for-purpose consultation processes to draw on the experience of affected stakeholders, their representatives and other industry organisations.

It goes without saying that commercial and recreational fishing occurs in other areas, including on the

Gippsland Lakes, Port Phillip Bay, Western Port and, as the member for Carrum mentioned, down Portland way, including the offshore waters of Bass Strait.

Wherever commercial and recreational fishers operate in the same area, issues will arise. Resource-sharing decisions will always have to be made, and there are often competing interests, including our offshore natural gas industry. Sometimes environmental factors impact upon our fisheries. Commercial and recreational fishing always throws up items for discussion. Many matters arise on subjects across the board and have to be dealt with. Problems have to be solved.

Clause 4 of the bill inserts a new part 6 into the

Fisheries Act 1995 headed ‘Fisheries Advisory

Council’, and its provisions relate to the functions and membership of the council. During the minister’s summing up it would be useful to hear how the flexibility that has been available through fit-for-purpose consultations will not be diminished. I will be interested to hear about what flexibility the minister will have with the new Fisheries Advisory

Council, in particular regarding the terms of


Wednesday, 16 October 2013 ASSEMBLY 3449 appointment of members of the council. What capacity will exist to second and task other representatives with specific projects, and what other interests may need to be taken into account?

In the past specific issues in fisheries management needed to be investigated and dealt with, and there was a need to draw on ideas from different stakeholders for initiatives and reforms. Fit-for-purpose consultation provides an opportunity for that to happen. There are no mechanisms in this amendment bill that provide an opportunity for an assessment or benchmarking against the fit-for-purpose consultations that will fall by the wayside. What capacity is there to benchmark the new

Fisheries Advisory Council against the work that has been done previously using a range of consultation methods that have been available to the Minister for

Agriculture and Food Security? These are some of the aspects of the bill that I think it is important to pick up on. They also lead those of us on this side of the house to question some of the motives of the government in setting up the Fisheries Advisory Council. We want to ensure that a broad cross-section of members are able to apply.

When the minister sums up the debate I look forward to hearing from him what capacity there is to ensure that the fit-for-purpose consultations that have applied in the past do not diminish access to advice and information for the Minister for Agriculture and Food Security.

While the Fisheries Advisory Council will provide the minister with a range of advice, obviously that advice will be limited because the stakeholders who are appointed for three-year terms will be picking up on a range of issues in fisheries management. In the past these matters were perhaps tasked by the minister to a variety of fit-for-purpose consultation bodies. That is the way in which it has worked in the past. As a former

Minister for Agriculture, the member for Ripon touched on how that has worked successfully in the past. He outlined a range of examples and initiatives where that has worked successfully. That is not to say that a

Fisheries Advisory Council will not be an appropriate and successful body providing advice to the minister.

The proof is always in the pudding, and we on this side of the house will assess those matters in due course.

Some of the points that have been made about the

Fisheries Amendment Bill relate to the fact that the council will be a public entity for the purposes of the

Public Administration Act 2004. That will place a range of obligations, standards and expectations on the council and the way it functions. The bill also stipulates that members will not serve terms longer than three years. I think it is welcomed that there are provisions in the bill to ensure that a member of the council cannot hold office for more than two consecutive terms. It is important that there are opportunities for renewal, that those opportunities exist for as many people as possible from a range of sectors and that stakeholders in fisheries management have an opportunity to serve or to put forward candidates for membership of the council. It is important that there be opportunity for turnover of members, and I welcome that that has been outlined in the terms of appointment of members.

As the council is to be a public entity under the Public

Administration Act, matters pertaining to the resignation and removal of members are outlined in the bill. I do not see any issues with the way they have been outlined in the bill. The bill also covers the fact that the

Department of Environment and Primary Industries is to be represented at council meetings. That is quite standard in the way these matters operate in relation to other councils and advisory bodies that set up under the

Public Administration Act.

For the public to have confidence in the work of the council it is important that there be a transparent process by which people can apply and be appointed.

Obviously that is determined through ministerial decisions. The establishment of the inaugural council and the appointment of its members are matters that we will be watching very carefully, particularly if that gets under way as the bill passes through this house, to ensure that interested stakeholders feel they have a voice at the table and are able to provide their input into the advice that will be going to the minister on a range of matters. In the past there was a lot more flexibility in the way these consultation methods were handled and how advice was provided to the minister.

I represent the largely landlocked electorate of Ivanhoe, the boundary of which includes the Darebin Creek, where you are more likely to catch a shopping trolley than a fish. The Yarra River is a very significant boundary of the Ivanhoe electorate and one that I am keen to hang on to. While Ivanhoe is a largely landlocked electorate, there are lot of keen fishers and anglers in Ivanhoe. I am always keen to make contributions on matters that affect my constituents.

While the Minister for Agriculture and Food Security might pick up more on commercial interests, there is always an interest from people in the Ivanhoe electorate when it comes to advice that is going to be provided to the minister by consultative bodies like the new fisheries council. They are interested in the way that advisory council will work to provide such advice.

I am looking forward to hearing from the minister about the advertising process for stakeholders to be appointed


3450 ASSEMBLY Wednesday, 16 October 2013 and for people to be able to apply and be encouraged to do so. It is very important, I think, that there is a diverse representation in the group. Previous speakers have touched on the fact that there has been widespread support from stakeholders in the industry for the government’s initiative. We on this side of the chamber are keen to see which organisations are represented and who is appointed. We want to feel that we have a broad cross-section of interests and representatives providing advice through the Fisheries Advisory Council to the minister.

$4 million or $5 million. They continued to rise on the basis that Victoria had one of the world’s last sustainable supplies of abalone. I understand that in recent times the stock in western Victoria has been infected by a virus of aquaculture origin that has depleted the available stock. The focus on ensuring we maintain a viable fishing industry in key areas is of critical importance. There is the recreational boating aspect in addition to commercial fishing interests and alongside aquaculture interests that are part of the aggregate field of the fishing industry.

The bill before the house has a number of aspects, but principally its purpose is to appoint a Fisheries

Advisory Council. It is noted in clause 1 of the bill that its purpose is to:

I think it is important that there be some assessment, benchmarking and comparative work done to assess that work against the fit-for-purpose consultation methods that have operated up until now. Needless to say, it will be on the Minister for Agriculture and Food

Security’s head if the advice he gets from his appointees to the council does not have Victorians’ interests at heart.

Mr THOMPSON (Sandringham) — Thirty years ago I had the privilege of leaving Melbourne before dawn to go fishing near Neerim South. As we were making our way alongside one of the creeks up there I saw a trout jump out of the water and I said to the people I was with, ‘If that’s the only fish I see for the day, it’s been a worthwhile trip’. It was the only fish I saw for the day, but the trip was still worthwhile. I contrast the magnificence of that moment — of seeing a trout leap out of the water at early dawn — with the example given by the previous speaker, the member for

Ivanhoe, who noted that if you go fishing in the

Darebin Creek you are more likely to catch a shopping trolley than a fish. I think that illustrates the importance of appropriate management of our natural resources. amend the Fisheries Act 1995 … to establish a Fisheries

Advisory Council … and …to make miscellaneous amendments.

It has been drawn to my attention — by the next speaker, in fact — that new section 91, to be inserted by clause 4, notes:

The function of the Council is to advise the Minister on strategic matters relating to the management of fisheries at the request of the Minister.

There are a range of areas of interest represented on the board, and I would like to note them. The expertise ranges from people with training as fisheries ecologists through to people drawn from Indigenous fishing interests, commercial interests and recreational interests. I note also that one of the people on the board grew up in the Sandringham electorate and has provided insightful advice on a range of management issues.

In the 1990s I had the opportunity to chair an inquiry into the abalone industry in Victoria. Our report was entitled Abalone — Taking Stock . The title was a nuanced one. It played on the focus of illegal activities within the industry, where a rare commercial resource was being pilfered and canned interstate, placing in jeopardy a very important Victorian industry, and that focus being counterbalanced by the need for the industry to be appropriately managed. The term ‘taking stock’ meant we needed to reflect on the value to

Victoria of the industry, which was worth multiple millions of dollars a year to the Victorian economy, given the resources available in eastern and western

Victoria.

At the time I think some 76 abalone licences operated.

They had risen in value since the late 1960s, when one could get a licence for $36 or thereabouts, through to the stage, in the 1990s, of being worth as much as

The former Environment Conservation Council over a number of years came up with a system of marine parks following a range of field work undertaken by an earlier body. There were a range of recommendations for a series of marine parks and sanctuaries. An object of the government of the day was to ensure we had sustainable supplies and that our fisheries stocks were preserved. There were concerns, nevertheless, on the part of recreational angling interests that access to important fishing grounds was being precluded. There has been a settled regime for some period of time in that regard. The marine sanctuary at Ricketts Point was established around that time, an object being to try to retain the biodiversity within a certain area and to prevent it from being overused or over-loved through the collection of shellfish from the intertidal zone.

The fishing interests in Port Phillip Bay are significant, and the Sandringham electorate has many fishing


Wednesday, 16 October 2013 ASSEMBLY 3451 locations — at Hampton, Sandringham, Black Rock,

Beaumaris and Mentone — and some important boating club interests. The boating industry is very important to the state. We export numbers of boats, and the industry forms an important part of the domestic economy and the tourism industry as people avail themselves of the opportunity to look at Melbourne from the bay. I would contend that there is too little focus on the extraordinarily valuable resource we have in Port Phillip Bay. I note that the minister at the table, the Minister for Police and Emergency Services, has spent a fair bit of time on Port Phillip Bay. A group of members of this house did a circumnavigation of the

Bellarine Peninsula by surf ski probably 18 years ago.

We trained on Port Phillip Bay before embarking on that journey; it gave us some wider insights.

Bay in the mid-1990s there were reports of the redevelopment of seagrass beds and successful fishing seasons thereafter. Our fishing resources, whether the fish be territorial or pelagic, need to be valued and protected. The advice that will be submitted to the minister at his request in relation to key issues will be of importance in maintaining and protecting an extremely valuable Victorian resource so that future generations of people can not only catch fish at Neerim

South but also in the Darebin Creek.

Ms BEATTIE (Yuroke) — There are only a couple of minutes left before the dinner break, but I think that will be sufficient time for me to impart my considerable expertise on this matter to the house. The purpose of the

Fisheries Amendment Bill 2013 is to establish a new

Fisheries Advisory Council. Labor recognises the government’s intent to consult with the industry and so will not be opposing the bill.

The fish properly sought in the local district include snapper, flathead, whiting and garfish. The launching ramps available for the recreational angler are overutilised. Victoria’s population has grown by a million people in the last 15 years, but I do not believe that boat launching opportunities have grown proportionately. As Melbourne moves towards a population of 6 million people there is a need to make sure that we have sufficient recreational angling opportunities to enable people to enjoy and participate in the sport.

There are two parts to the bill. One concerns the commercial fishing sector; the other concerns recreational-type fishing. It is recreational fishing on which I wish to focus in the brief time available to me.

Mr Weller — How many fish have you caught?

The Beaumaris Motor Yacht Squadron is an outstanding club on the shoreline of Port Phillip Bay. It has over 600 members whose fishing knowledge and acumen have contributed both directly and indirectly to policy outcomes throughout my time as a member of

Parliament. Ian Jones has been an insightful authority on recreational angling matters. Max Trist has been an excellent source of information. Current members of the committee include Commodore Brian

McNaughton, a keen long-term fishermen who originally came from Gippsland, and Tim Hipkin, who is an insightful commentator and contributor to club matters.

Ms BEATTIE — I have to take up the interjection of the member for Rodney. He asks how many fish I have caught. I have caught a good number of fish, but you have to have patience. That is why it is called fishing. It is not called catching; it is called fishing. You need to have patience. You need to sit and enjoy the various aspects of it including, as the member for

Sandringham said, the lovely trout jumping out of the stream. It is even more lovely when the trout is on the plate in front of you and you know the joy of not only catching the fish but eating it as well. It is something that we all like to do.

Prior commodores have also contributed their knowledge and expertise to the development of club activities and the betterment of the bay. There have been also been members who have contributed to the work of VRFish. I know that when the Northern Pacific seastar was a highly prevalent invasive species that was threatening the fish stock within the bay good work was undertaken by recreational anglers to attack it. In particular I commend the work of Max Trist in this regard.

Following the visionary move by the then Kennett government to abolish scallop dredging in Port Phillip

This is a good bill; however, we do have some concerns with it. We do not want any increase in levies or charges. I hope the government does not do that because it will impact on the recreational fishers who enjoy all the lakes, streams and bays of this wonderful city. The Maribyrnong is probably the nearest river to my side of town. I am very pleased to inform the house that black bream have returned to the Maribyrnong, and many people enjoy eating them.

Mr

Ms

Weller interjected.

BEATTIE — Bait? I prefer worms, but sometimes a little prawn is a very nice bait too. I have imparted my considerable knowledge to the house with those few remarks, and I commend the bill to the house.

TOBACCO AMENDMENT BILL 2013

3452

Sitting

Debate

Debate suspended adjourned

(Rodney). adjourned

TOBACCO

6.30

on p.m.

until motion until later of

8.02

Mr this day.

AMENDMENT

Second reading p.m.

WELLER

BILL

Victorian parliamentary Labor Party — the

2013


Ms WOOLDRIDGE

Mr EREN

(Minister for Mental

ASSEMBLY

Health).

(Lara) — I rise to speak on behalf of the opposition — on the Tobacco Amendment Bill 2013.

At the outset I declare that I am a former smoker. I will never forget those days that I smoked; I think it is a disgusting habit. It has been six years since I gave up.

For the life of me I do not know why I started, and I am glad that I stopped. Unlike members who may get up to speak on this bill who are fortunate enough never to have smoked, some on our side did; I suppose there will also be a few members on the other side who smoked and who continue to smoke. Those members have real insight into bills such as this when they come before the house. There is no question about the amount of damage tobacco does to communities. Tobacco smoke is the biggest killer in the world, and clearly governments need to do something about it. Having said that, Labor obviously does not oppose the bill before the house.

An explanation for these results is the move by the previous government to ban smoking inside pubs and clubs. Labor’s reduced tobacco use achievements include reforms to ban smoking at workplaces, remove cigarette displays in shops and ban smoking in cars when kids are present. As with all the changes to tobacco law that this government has made, this bill is obviously a continuation of the work that was started under the previous government. It is pleasing to see good reforms such as these continued by successive governments.


A Cancer Council Victoria media release of 6 August this year indicated that smoking rates in Victoria have dropped to a record low of 13.3 per cent. I think collectively we all need to be congratulated on that.

Back in the 1970s, 1980s and 1990s so much of our population was smoking, and we have brought that down to 13.3 per cent. I must admit that the cost factor has contributed towards people giving up smoking. A number of other measures have been introduced. We have gotten the smoking rate down to 13.3 per cent, and everybody needs to be congratulated on that. Almost

60 per cent of Victorian adults have never smoked, with a survey recording the highest proportion of non-smokers and people who have never smoked since the survey began in 1998. According to a 2011 report published by Cancer Council Victoria entitled Smoking

Prevalence and Consumption in Victoria — Key

Findings from the 1998–2010 Population Surveys , almost 6 out of every 10 Victorian adults and more than

70 per cent of people aged between 18 and 29 have never smoked.

This bill amends the Tobacco Act 1987 to prohibit smoking in certain public outdoor areas, to restrict further the promotion and display of tobacco products and to make it an offence to threaten, assault or intimidate an inspector who is exercising their powers.

It will help to protect Victorians from the harmful effects of tobacco use, which should be a high priority, as I said before, for all state and territory governments in Australia.

In our last term in government we introduced the

Victorian Tobacco Control Strategy, which was to operate from 2008 to 2013. The strategy implemented a range of actions aimed at reducing the burden of smoking on the Victorian community. We took charge in this important area. One of our major achievements was the Tobacco Amendment (Protection of Children)

Act 2009. Most of all, we helped to prevent young people from taking up smoking, protected children from second-hand smoke and supported adults to quit smoking and not take it up again.

We know that the impact of tobacco use stretches far and wide across our community. Tobacco is responsible for almost 4000 deaths in Victoria each year and costs the community over $5 billion annually in health care and social costs. Since the introduction of the Tobacco Act 1987 a wide range of reforms have been undertaken, and there is a great sense of achievement. The previous government paved the way on major tobacco reforms in this state, resulting in the decrease in smoking rates since 2005. Although our reforms are paying a return, if you could call it that, there is always more that could be done.

But despite this progress, the impact of tobacco use is sobering. Tobacco is still the leading cause of preventable death in Victoria. It causes a wide range of cancers, heart disease, stroke, chronic bronchitis and emphysema. It is good that this government is continuing our work — even though it is choosing to do it in bits and pieces, which is creating confusion for some in the Victorian community — rather than in a coordinated way. It took the government more than two years to introduce its first tobacco control reform last


Wednesday, 16 October 2013 year. It is fair to say it was flawed and experts said it did not go far enough. The bill before the house today addresses some but not all of the experts’ concerns from last year.

Cancer Council Victoria issued a press release on

10 October 2012 in response to last year’s government proposal to ban smoking on patrolled beaches. The press release indicates that four of Victoria’s most respected health organisations, being AMA Victoria,

Heart Foundation (Victoria), Cancer Council Victoria and Quit Victoria, submitted a joint position to the

Victorian government recommending a statewide ban on smoking in outdoor dining and drinking areas as a priority. In addition, the organisations recommended bans in other outdoor areas, which include smoking within 10 metres of children’s playground equipment, within 4 metres of entrances to public buildings, within

4 metres of public transport stops and at sporting grounds and facilities, amongst others.

ASSEMBLY 3453

When you think about it, while the kids are on the field, parents are smoking 10 metres from the ground; they are nowhere near the kids. But kids are most exposed to smoke straight after the game. Where do they go? They go straight to their parents or in among adults, where they are instantly exposed to smoking, causing distress to some kids who possibly have asthma. Kids get a bit excited after a game and they run to their parents. They are huffing and puffing and breathing more deeply than they would normally when — wham — they are hit by cigarette smoke, because parents and adults can smoke as soon as the game has finished. That could be of concern. If we want to do this, we should do it properly.

Nevertheless, it is a progressive reform.

The bill before the house reflects these suggestions and introduces a new clause which seeks to amend the law to ban smoking within 10 metres of where children are playing organised sport or training at a sporting venue.

The ban at sporting venues includes but is not limited to — and I will put them on the record — a playing field; a track; an arena; a court or a rink; any permanently or temporarily erected public seating at the venue; any seating, marshalling area, warm-up area, podium or other part of the venue reserved for the use of competitors or officials; and any part of the venue used to conduct the organised under-age sporting event.

Half of the joy of taking part in organised sport is the social aspect. That is taken away from parents who do not want their children to be in that type of environment. They will be forced to rush them from the field so they are not subject to second-hand smoke.

Straight after the game or training session children who have been exerting themselves are often breathing very heavily, and they will come across that smoke straightaway. We need to think about that. As responsible adults we need to be careful about making sure that we do not expose our children to that level of danger. I know a lot of people who think that because they have not smoked all their lives they have not been exposed to the danger of tobacco smoke. But they have been in environments where there has been a lot of smoking, so they have certainly been exposed to elements of tobacco smoke that inherently have an impact on them.

Proposed section 5RI(6) describes an organised under-age sporting event as a sporting event that is planned in advance; is organised or intended for, or predominantly participated in by, persons under the age of 18 years; is conducted according to established rules by a professional or amateur sporting body or by an educational institution; and may be a one-off event or part of a series of events.

As I said, providing statewide consistency is obviously a step in the right direction, as some councils have already implemented smoking bans at some sporting grounds and facilities. But some accommodation may need to be made to protect children before and after organised activities. I would like to applaud the government for taking these steps and finally listening to the stakeholders’ concerns.

The bill only bans smoking while organised children’s sporting activities are taking place. It does not stop parents lighting up after the game. The government claims that this will give community members more certainty about when and where they can smoke and that it did consult about extending the ban for a defined period before and after such activities. However, adults can smoke once the contest has finished and when children will be present, and this in some way negates some of the other aspects that try to denormalise smoking.

But what about the sporting clubs in general? There are some issues in relation to sporting clubs, particularly those that have a lot of volunteers. This government obviously does not care about that sector. I want to highlight, as I have before, the importance of sporting clubs. They play a critical role in our community.

On a number of occasions I have mentioned in this house that the amount of money this government has cut from sporting clubs is shameful. A lot of programs have been slashed right across the state. At the moment clubs are struggling for survival in many different ways. A lot of clubs will probably not be around in a


3454 ASSEMBLY Wednesday, 16 October 2013 couple of years time because so much funding has been taken away from them. There is an enormous amount of pressure on sporting clubs and particularly on volunteers. I urge this government to pay special attention to the sport and recreation portfolio and make sure that it is funded appropriately. state. I am in communication with most of the volunteer organisations, and they do a tremendous job. It is important to make sure that people do not shy away from volunteering, because we need volunteers. Life as we know it would not exist if we — —

Mr Katos interjected.

The bill provides for a smoking ban within 10 metres of designated children’s playgrounds and skate parks. It is good to see the government taking the lead in being the first jurisdiction in the nation to ban smoking at outdoor skate parks. That said, it is a shame that the government had to be a follower on a number of other fronts — for example, the introduction of smoking bans at children’s playgrounds. These bans are already in place in New

South Wales, Queensland, Western Australia, South

Australia and Tasmania. One would think Victoria should always lead the way, but unfortunately it does not in some areas, and that is just not good enough. We need to lead the way in making sure that we have healthy communities. We should not be following other states; we should be leading them.

Mr EREN another example of the government not realising the importance of the role that volunteers play in our society.

— I say to the member for South

Barwon that I absolutely do volunteer myself. It is a wonderful feeling, and people do it because they want to feel good about themselves. I congratulate volunteers and encourage people out there to volunteer. We should make it easier for people to volunteer. We should not impede people or make it difficult for them to volunteer, because you know what? If we were to lose half the population base of our volunteers, it would cost the state anywhere between $1 billion and $2 billion to do the work that volunteers do in this state. When bills like this are brought before the house we need to be very careful how they impact on the volunteering sector. I do not mean to be rude or blunt, but this is just

In addition, the bill bans smoking in outdoor public swimming complexes, which includes any outdoor dining areas contained within them. The definition of public swimming pools includes all those that are open to the public, whether owned privately or by local government. Questions remain on how these new provisions will be enforced. The government has indicated that the proposed legislation will be enforced not by inspectors but by peer pressure. However, for this to work there needs to be adequate signage and public awareness campaigns.

Concerns have been expressed by a number of different sporting organisations. In particular there is a concern about the pressure on volunteers to police this new ban.

A major sporting organisation has indicated that the focus of volunteers running a sporting event should be on the event and that volunteers should not be placed in potentially confronting circumstances where they have to ask people to stop smoking because they are breaching these new guidelines. The organisation believes this bill could potentially place an unfair burden on volunteers and parents who have to tell people to stub out their cigarettes, particularly if the culprit is not aware they are in breach. Volunteers in sporting clubs already have a large role, and placing more pressure on them to police the ban could be challenging.

At this point I want to highlight the importance of volunteers, which is why we on this side of the house have given volunteers a dedicated portfolio. I am proud to be the opposition spokesperson for volunteers in this

This increased burden could potentially turn volunteers away, and this would be devastating for sporting clubs which rely on volunteers in order to operate and prosper. I could imagine being in a volunteering situation, like many parents, where your child is out there and a person is smoking and possibly breaching the new guidelines. You have chatted with them before because you are on good terms, and it is now your responsibility to go up to this person and say, ‘Excuse me, but you are breaking the rules. Can you not do that?’. You could do that, and you probably would, but the relationships that sporting clubs pretty much depend on will be breached. There is trust and a relationship between people who go to these events not only to volunteer but to watch their children participate in that sport. They are part of not only on-the-field activities but also off-the-field social events with those parents. It puts them in a very awkward position.

I encourage the government to ensure that it has allocated enough funding to produce implementation and advertising documents in conjunction with this legislation for the affected clubs and organisations so that most of that education is taken out of the hands of mums and dads and volunteers. People could read these documents as they go into the clubs. Ample resources should be made available to make sure people are educated. People could receive letters or see signage that is very visible. But all that costs money and clubs


Wednesday, 16 October 2013 ASSEMBLY 3455 cannot afford that. It is about making clubs more inviting for people to be around.

These statewide documents should include information on the new laws and the education process to advise patrons, parents and others at sporting events of the new rules and why they need to comply with them. The guidelines need to be clear in regard to a club’s responsibilities towards smokers if they do not comply.

Ongoing education and investment is paramount for these new reforms to be enforced. If these are not provided, how does the minister propose to assist and support the clubs, associations, leagues and community groups located at venues in policing and enforcing these new rules and guidelines?

I wonder whether we will end up in the same situation as the community sporting code of conduct, which this government seems not to care very much about. The community sporting code of conduct was introduced by the previous government. It was designed to give sporting clubs and organisations access to a pool of money — I think $600 000 was set aside — to educate community members and others to make sure there were strict codes of conduct. If clubs did not abide by that code of conduct, they did not get any funding from the state government. It was as simple as that; you need to be tough in some situations so that everybody can enjoy the sporting club environment. where the government needs to do more and legislate to ensure that there is consistency across the state. This view is also supported by Cancer Council Victoria, which has strongly urged the government to take action in this area. Generally the stakeholders believe the bill is moving in the right direction but not enough is being done, and it certainly does not make up for this government’s inaction.

The bill also seeks to make a number of other amendments to the Tobacco Act 1987. They include amendments to take account of plain packaging legislation introduced by the former Labor commonwealth government — Victoria no longer needs to prescribe packaging requirements — and amendments that provide power to the minister to issue future directives about the promotion of tobacco items in shops to ensure that the government can stay ahead of the game in terms of point-of-sale labelling, the limits of which the tobacco industry may try to test.

The changes include no longer issuing permits for specialist tobacco retailers — for example, Cignall and

TSG — therefore starting the phasing out of such retailers in our high streets and malls. Such retailers, whose business is 80 per cent tobacco, are currently exempt from some of the stringent rules around the display of tobacco products. Specialist tobacco licences will also not be able to be transferred or amended and will cease upon any change in ownership of the specialist retailer. This affects around 140 shops out of the 8000 or so that sell tobacco in Victoria.

The education process is very important. It is one thing to come in here and introduce legislation that puts a large burden on all of these sporting clubs and organisations, which currently find it very difficult to operate given the circumstances they find themselves in without being burdened with additional responsibilities and duties in the absence of any assistance from government.

Another issue that has been brought to our attention by stakeholders is that most sporting venues are not fenced and are therefore considered by the police to be public areas where the club or association has no right to order off any person. This could be a practical challenge if a patron refuses to comply with the new guidelines.

Lastly, the bill seeks to amend the law to allow the state government to better coordinate information sharing with the federal government and others, particularly lists of tobacco retailers and the like. If the state government were serious about tackling tobacco control it should have introduced this bill alongside other recent tobacco bills. This is very much a piecemeal bill which in no way makes up for Victoria being awarded the

Dirty Ashtray award in 2013. The Dirty Ashtray was awarded to Victoria because of its failure to act on proven tobacco control activities.

The Municipal Association of Victoria supports the legislation because it believes it will ensure more consistency across the state, but the government needs to provide adequate funds to ensure that the community is well educated on these reforms. In addition, municipal councils must be provided with financial support to change all the signage around their assets.

I suppose I should bring up the other elephant in the room — smoking in outdoor areas. This is one area

It is with great pride that I can say that since 2004 the

Labor Party has not taken any political donations from big tobacco. It is worth remembering that up until recently the coalition still took money from big tobacco. It was only after the then Leader of the

Opposition, Tony Abbott, now the Prime Minister, finally changed Liberal Party policy in August that

Victorian Premier Denis Napthine was dragged, kicking and screaming, to do the same.

Mr Newton-Brown interjected.



Mr EREN — I hope the member for Prahran is not trying to compare unions with tobacco companies, because if he is that proves this coalition government has not learnt anything about the harm caused by tobacco. Basically the member for Prahran has slandered honest, hardworking people and compared them with those who give the dirty tobacco money that the government is taking. That is just outrageous.

As I was saying, it was only after Tony Abbott finally changed Liberal Party policy in August that the Premier was dragged, kicking and screaming, to do the same.

That is absolutely disgusting. The Premier of this state should be smart enough to work out that he should have done that on his own; he should have backed away from that tobacco money, because tobacco is killing

4000 members of our community each year and costs our economy $5 billion in health and social costs. Is it really worth it? When I looked back I found that since

2004 the Victorian division of the Liberal Party has received $237 340 from big tobacco and The Nationals have received $35 070. You think to yourself, ‘Really?

Is it really worth it to receive that amount of money from big tobacco companies and, in return, slow down the reforms?’. If that is what has happened, it is just outrageous.

With those comments and having highlighted those areas during the course of my contribution, I reaffirm that the opposition will not be opposing this legislation.

The opposition wishes the bill a speedy passage. We hope the government will not take too much longer to introduce further measures, and we hope it will continue to follow Labor’s lead in strong tobacco reform.

Mrs BAUER — That’s right! I commend the

Minister for Health for the leadership and vision he has exercised in his portfolio. I would like to stress that there has been a huge amount of community consultation in relation to this bill. The public consultation process received over 7824 responses, comprising 599 responses to an online survey and

7225 submissions via email to the no.smoking@health.vic.gov.au address. At least

7100 responses came via the Keep Fresh Air Fresh campaign, which ran concurrently with the consultation process. The consultation process revealed strong community and public health organisation support for further smoking bans, and that feedback has been considered and taken into account in the preparation of this bill.

In preparation for speaking on the bill this evening I spoke to residents in my electorate and people at events in the community. I am confident in saying that they are supportive of the leadership the government is displaying in this area. We are sending a clear message that children, sports and smoking do not mix. Over the dinner break this evening I spoke to my 12-year-old son, Jefferson. I mentioned the bill I was soon to be speaking on. His feedback to me was, ‘That’s fantastic,

Mum, because you will be limiting exposure to second-hand smoke for children’. I was impressed that even as a 12-year-old he knows of the dangers of second-hand smoke. He has been learning about it at school. Even children in primary school support the bill we are implementing.

Mrs BAUER (Carrum) — It is certainly a great pleasure to rise to speak on the Tobacco Amendment

Bill 2013, which amends the Tobacco Act 1987. The bill prohibits smoking in outdoor areas, restricts the promotion and display of tobacco products, makes it an offence to threaten or intimidate an inspector exercising powers under the Tobacco Act 1987 and makes various amendments to the principal act. Before beginning my contribution, I would like to commend the member for

Lara, who needs to be congratulated; he has put on record that he has given up smoking. That is great to learn. Well done to him; I hope he can keep it up.

Children rely on parents to make correct choices in relation to places they attend, foods they eat and conversations they have. They often do not have the ability to leave a place if they are with their parents.

This is a problem if their parents or carers are smoking and they are completely reliant on being at that location with them. Children are trusting of the decisions their families make and the choices their carers or parents make on their behalf. I believe that this legislation looks out for future generations as well. We are reinforcing that this legislation will make a generational change.

I am certainly proud to be part of a government that is committed to tackling smoking in Victoria. I will put on record that I am not a smoker; I do not have a bad habit to give up.

Mr Pakula interjected.

As well as limiting exposure to harmful second-hand smoke and providing the health benefits that will result from minimising smoking, this bill will minimise the littering of cigarette butts in our community and environment, which will be an advantage for all of our communities across Victoria. This bill will ban smoking in public outdoor areas that young people utilise for recreation and sporting activities, including children’s playgrounds, outdoor skate parks, public swimming pools and outdoor sporting venues when hosting under-age sporting events. Locally the


Wednesday, 16 October 2013 ASSEMBLY 3457 implementation of bans will benefit my community of

Carrum. Currently we have 25 parks and playgrounds in the Carrum electorate, including the popular

Bicentennial Park and Victory Park in Chelsea. The

Carrum foreshore is another popular spot, and this weekend we have the official opening of its lovely beachside playground. The coalition government has invested over $500 000 in the brand-new Carrum Surf

Lifesaving Club and playground. Regents Park in

Aspendale, Edithvale Recreational Ground, Keast Park in Seaford and the parklands in Patterson Lakes are just some of the outdoor spaces to benefit from this legislation.

Chelsea skate park will also benefit from this legislation. On 7 May we announced a grant of

$131 000 from the Public Safety Infrastructure Fund to

Kingston City Council for the redevelopment of the skate park at Bicentennial Park. This popular venue is enjoyed by children of all ages and is one of six skate parks in the city of Kingston. Skate of Mind 2013, a free event aimed at engaging young people in our area, will be held this weekend in the city of Kingston to coincide with Mental Health Week. Children, adults and families will be able to enjoy scooter and skateboard activities as well as live music, and it is great to know that once this legislation takes place smoking will not be allowed at the event. Outdoor sporting venues that host under-age sporting events will also benefit from the legislation, including the Chelsea

Sportswomen’s Centre. As the member for Carrum I was proud to deliver $200 000 towards the sportswomen’s centre as part of a $991 000 redevelopment by the City of Kingston in partnership with the state government, the Chelsea District Netball

Association and Chelsea Calisthenics. Close to

1000 competitors visit this venue per week, and even though it is called the Sportswomen’s Centre, plenty of young men and boys also love playing netball there.

Seaford United Soccer Club is another example of an outdoor facility that will benefit from the ban. The government also provided $70 000 towards the club, and I cannot move on without mentioning that Seaford

United recently snatched the State Four South championship from Sandringham’s grasp in the final league round of the season. Congratulations to Seaford

United. Glen Street Reserve in Aspendale is another venue that will benefit from the new legislation. It was fantastic as the local member to be at the club recently for the switching on of the lights at Glen Street Reserve, which were provided as a result of a $71 000 contribution from the state government. It was terrific to see the kids practising and training under the lights, and in the rain, for the very first time.

The coalition government is providing more opportunities for local clubs within the Carrum community. Sport and recreation facilities are vital to our communities, and as a government we are investing heavily to encourage people to get out, join in at their local sports centre, make new friends and get more active. There are certainly many benefits to increasing our physical activity; it results in a healthier lifestyle.

Adults smoking at these events do not set a good example or send a clear message to children and young people. Over 4000 people die annually in Victoria from smoking-related illnesses, and anything that we can do as a government in terms of advertising, education or quit-smoking campaigns should be done.

We are making significant progress. I am really proud to state that last year smoking rates were at their lowest level at 13.3 per cent. It is certainly working. It is a shame that smoking rates in Frankston and on the

Mornington Peninsula are much higher than the

Victorian average. As the member for Carrum, I am certainly keen to do anything I can to reduce these disturbingly high smoking rates among older adolescents and young adults. As a government we have accomplished a lot already in smoking reform in this state. These reforms include bans on smoking between the flags at Victorian beaches and also at restaurants, and this bill is just another step in tackling smoking reform in Victoria.

I am blessed to live in the wonderful electorate of

Carrum with a smorgasbord of beaches and sporting activities that we can all enjoy and from which we all get a lot of enjoyment. Introducing these new laws certainly is a step in the right direction. I am convinced that the majority of Victorians will applaud this new legislation, and therefore I commend it to the house.

Mr NOONAN (Williamstown) — Like other members I am also pleased to make a contribution tonight on the Tobacco Amendment Bill 2013. At the outset I want to refer to a letter dated 1 March 2012 which was sent to the Minister for Health, David Davis.

The letter has been jointly signed by four leading and highly respected health groups in Victoria: Quit

Victoria, the Cancer Council Victoria, the Heart

Foundation and the Australian Medical Association

(AMA). The letter includes a position statement entitled

‘Smoke-free outdoor dining and drinking and other public outdoor areas in Victoria’ and dated March

2012. The letter and position statement read as follows:

Quit Victoria, the Cancer Council Victoria, the Heart

Foundation (Victoria), and AMA Victoria recommend as a priority a statewide ban on smoking: in outdoor dining and drinking areas.


3458

In addition, the group recommends statewide smoking bans in outdoor areas, including:


Victoria has historically been one of the nation’s tobacco control leaders. within 10 metres of children’s playground equipment within 4 metres of entrances to public buildings within 4 metres of public transport stops sporting grounds and facilities patrolled beaches, in the area that falls between the lifesavers’ flags pedestrian malls (e.g. Bourke Street Mall) public events (e.g. food and wine or music festivals).

These were the requests of those four respected health bodies, and I think we have to measure the requests of those organisations against what we find in this bill. As other speakers have correctly identified, this bill does deal with children’s playgrounds and sporting grounds.

The member for Carrum correctly pointed out that patrolled beaches have been dealt with previously, and I note that over the weekend the minister indicated that smoking at public transport stops will be banned at some point in the future. I find it a bit intriguing: if the minister intends to move on public transport stops, I wonder why that aspect is not part of the bill we are debating tonight.

In addition, the minister has thrown in skate parks and swimming pools, which I think is largely to beef up this bill. What is not included? Clearly banning smoking in outdoor dining and drinking areas is not included in this bill, nor was there any indication in the minister’s second-reading speech of the government’s attitude or intentions in relation to that issue. Nor is there any mention about public buildings, including hospitals, libraries, government offices, local council buildings and child-care centres, just to name a few. There certainly is no mention of public events or pedestrian malls either.

Whilst the changes being made in this bill are useful, especially in terms of protecting children from the harmful effects of smoking, they are but small steps. I suspect that these steps are being taken largely in response to the fact that the Victorian government now has the dubious distinction of having received the Dirty

Ashtray award for the last two years. For those who are less familiar with how a government earns a Dirty

Ashtray award, I can advise that it is awarded for being the worst performing government in terms of tobacco control.

A media release from the AMA in May 2012 reports federal president Dr Steve Hambleton as having said:

It is especially disappointing that this year Victoria has been ranked last to earn the Dirty Ashtray award.

Victoria is the only government without either statewide bans on smoking in outdoor dining areas, or a commitment to their introduction, and Victoria still does not have a tobacco licensing program.

While Victoria has bans on smoking at underage dance and music events, and at covered areas of bus, tram and transport stops, there is no policy on smoking at public hospitals and health facilities.

The Victorian government also accepts donations from the tobacco industry.

This year the AMA, the Australian Council on

Smoking and Health and Action on Smoking and

Health Australia issued a statement after once again assigning the Dirty Ashtray award to Victoria, which this year shared the award with Queensland. Again the statement that was issued is not glowing. I must read it into Hansard :

Victoria has previously been recognised as a national and international leader in tobacco public education. Mass media campaigns have been a crucial factor in reducing smoking, with clear evidence demonstrating their effectiveness in reducing and preventing smoking among adults and children.

The Victorian government’s decision to cut tobacco control funding is a deplorably short-sighted decision.

There is no global policy on smoking at public hospitals and health facilities.

The Victorian government has no policy against accepting donations from the tobacco industry. The Victorian government has high levels of investment in the tobacco industry, and has resisted any moves to divest.

This is an embarrassing statement all round for

Victoria, and it is a particularly embarrassing statement for the Napthine government, because we know that since 2004 the Liberals and The Nationals have taken more than $270 000 in political donations from tobacco companies. I know this is a sensitive issue for those opposite. I have been standing in my place in previous debates when this issue has come up. It is clearly something that the current Premier wants to put behind his party, but there is nothing in this bill that will stop that practice going forward.

What is desperately needed with this bill and beyond this point is leadership, which is something Labor well knows in the area of tobacco control. It is fair to say that Labor is the party of tobacco reform and a leader when it comes to reducing smoking rates in Victoria.

Over many years we have taken action to reduce the impact of smoking on the community through bans on smoking in workplaces, pubs and clubs, and in cars


Wednesday, 16 October 2013 ASSEMBLY 3459 where children are present, by banning cigarette displays in shops, and of course who could forget the world’s first plain packaging cigarettes! I have commended my former colleague, Nicola Roxon, the former federal Attorney-General, on many occasions, but through her leadership Australia is well placed as world leader in that area. These reforms were achieved when Labor was in government. I am confident that when Labor is returned to government it will once again become a leader in terms of reform in this area.

We need to lift Victoria out of the dirty ashtray that it finds itself in at the moment.

Having said that, when it comes to leading reform, we will consult widely with stakeholders and seek bipartisan support for reforms. We did this through leadership with the Victorian tobacco control strategy, which I note is a 2008 to 2013 strategy. There is certainly no sign from this government that this comprehensive tobacco control strategy will live beyond this year. Instead I note in the second-reading speech for the bill we are debating that the Liberals point to the Victorian Public Health and Wellbeing Plan

2011–15 and also talk about the Victorian Health

Priorities Framework 2012–2022. I find this very interesting. I did a search of those documents in the lead-up to this debate. I found the Victorian Public

Health and Wellbeing Plan. It is a document of over

100 pages. I had to look pretty hard for anything in relation to tobacco control, but I did find it. It was on one page, page 73, under the heading ‘Tobacco control’. When you think about the fact that smoking in

Victoria costs approximately 4000 lives and $5 billion annually, it is pretty remarkable that in a document such as that it rates just one page.

I understand that the government actually provided an additional $1 million per year, but what it has effectively done is to cut at least $1 million from the

Quit funding program, a program that many would argue is a world-leading program and one of the key reasons why Victoria has been able to cut the level of smoking across its community. Government members should bear that in mind when they are making their contributions to debate on this bill and talking about all of the things their government is doing in this area.

They are making small reforms with this bill and taking away very significant funding for social marketing and tobacco control.

Ms WREFORD

If we look back to 1998, just 15 years ago, remarkably

21.2 per cent of the community smoked. Contrary to what the member for Williamstown said in his contribution to the debate it was due to bipartisan efforts that by 2011 that figure had fallen to 14.4 per cent. By 2012 it had fallen again to 13.3 per cent. That is a 7.9 per cent drop over 14 years, with a 1.1 per cent drop occurring in the last year. There is data to back those figures up.

(Mordialloc) — I rise to speak in support of the Tobacco Amendment Bill 2013. All of us know that smoking leads to a myriad of health issues, and those health issues impact on many things including, first and foremost, the smoker. Then there are those who take in second-hand smoke. Smoking also affects the families of smokers, their friends and colleagues, the wider community and of course the health system.

I also looked in the health priorities framework, and again I looked long and hard, but there was no mention whatsoever of tobacco control. To drive the point home, I will refer briefly to a letter of 15 May 2012 from the CEO of Cancer Council Victoria to the

Minister for Health, David Davis. I obtained that letter under FOI. It goes to the issue of government funding of social marketing campaigns. The letter is basically a plea, a cap in hand approach to the government in relation to funding. It makes the point that under Labor,

Quit Victoria received an average of $3 million per year plus a $1.5 million contribution from VicHealth for television campaigns. I suppose the issue there was that the head of the Cancer Council Victoria and Quit were concerned that their funding was to be cut to

$1.1 million per year recurrent with no further government top-up from that point for social marketing.

That is a disgraceful situation.

We are on track in terms of reducing smoking rates in the community. Despite this, we are still losing around

4000 Victorians each year to smoking-related illness.

That is equivalent to about 87 people per week. We must reduce that statistic. That figure will continue to decline over time as a result of the dropping rate of people smoking. There have been some important steps taken along the way: for example, a ban on displaying and advertising tobacco products; a ban on smoking in licensed venues and other places where second-hand smoke is consumed; the federal requirement for plain packaging; and bans on smoking in a number of places, including beaches, which is particularly pertinent to my electorate of Mordialloc.

Whilst legislative changes are important, they are part of a package of efforts to reduce smoking. There are also the Quit antismoking programs, antismoking advertising programs which are targeted towards groups with the highest level of smoking, and education and enforcement activities. These measures represent an $8 million annual investment.



A major effort is going into making smokers unseen, as the sight of smokers and the associated paraphernalia encourages others to smoke. A big part of our effort is aimed at removing smokers from as many places as possible where impressionable young people can see them. This has had some impact so far. One of my electorate officers told me that his six-year-old daughter rarely sees a smoker, but when she does she loudly says things like, ‘That’s disgusting’.

It is that kind of attitude that we want to build on so that children are discouraged from ever starting to smoke.

This bill is designed to further discourage children from smoking. It is built on the objectives of the Victorian

Health Priorities Framework 2012–2022 and the

Victorian Public Health and Wellbeing Plan 2011–15.

The first thing that this bill does is reduce the link between sporting activities and smoking by banning smoking around outdoor children’s play equipment.

There is quite a lot of play equipment in my electorate.

We have a big adventure playground at Braeside Park and other playgrounds at Peter Scullin Reserve,

Mordialloc Beach, Ben Kavanagh Reserve and many other locations throughout the electorate. We have skate parks as well. Smoking is being banned at skate parks such as the ones at Mordialloc, Dingley and

Chelsea. Smoking is being banned in areas within the perimeter of public swimming pools and sporting venues during under-age events. This has all been strongly supported by community consultation.

To be more specific, smoking is to be banned within

10 metres of public playgrounds and skate parks. This is consistent with the situation in New South Wales,

Queensland, Western Australia, South Australia and

Tasmania. However, Victoria is the first to introduce the ban at skate parks, which is a sensible inclusion. At swimming pools, outdoor areas within the perimeter of the complex will now be smoke-free, which is similar to the situation under the legislation in both New South

Wales and Tasmania. implement this idea, so we really are leading the way with some of these reforms.

Yes, some councils have been very proactive in creating similar by-laws and permit conditions for some sporting facilities and playgrounds. They are to be commended for that and some of their other antismoking measures. The problem is, however, that the rules vary from municipality to municipality, and teams travel across municipalities. There is uncertainty, and a lower success rate will be achieved if it is not consistent. So we are providing very clear rules that will be statewide. Many sporting clubs have been proactive with respect to smoking bans, which is commendable, and this bill will support their efforts.

History and experience on these sorts of changes tell us that bans will largely be complied with voluntarily.

However, we will certainly be funding a significant awareness and education campaign, as well as providing no smoking signs. This bill also outlines the fines council inspectors can issue.

We are taking strong steps to separate smokers and young people, but this bill does a lot more than that. We are going to bring certified specialist tobacconists back into line with all other tobacco retailers over time with respect to product display and advertising. At the moment the 145 specialist tobacconists can apply for certification which exempts them from product display bans. Putting visual smoking cues out into the community is not a good thing, and it is also not fair that they can do things that other tobacco retailers cannot. So whilst we will honour existing agreements, there will not be new ones, and owner changes and business relocations will see an end to the current agreements.

This bill also gets a step ahead of the game with respect to tobacco price notices. There will be strict regulations on how tobacco price notices and boards may be sized and appear. However, at some point an innovator is going to get creative and come up with something outside what the law intends.

At outdoor sporting venues hosting under-age events the ban will apply within 10 metres of the playing field, track, arena, court, rink or similar area where the sporting activity takes place. It will also apply at any permanently or temporarily erected public seating at an outdoor sporting venue; at any seating, marshalling areas, warm-up areas, podium or other part of an outdoor sporting venue which has been reserved for the use of competitors or officials; and at any part of the outdoor sporting venue which is used to conduct the under-age sporting event. This includes training sessions and breaks in play. Victoria is the first state to

This amendment allows a quick response to prevent an unintended use of price notices. The bill gives inspectors greater protection by making it an offence to intimidate, threaten or abuse an inspector who is doing their job. It repeals provisions relating to tobacco product labelling because that is now covered by federal legislation. Finally, the bill makes changes to the disclosure of information in the Department of

Health’s tobacco retailer database. Essentially it allows the secretary of the department to release information to people other than inspectors where absolutely required.

Evidence suggests that there is no safe level of


Wednesday, 16 October 2013 ASSEMBLY 3461 exposure to tobacco smoke. A big part of our effort will be to remove smokers from as many places as possible where impressionable youngsters can see them. I commend the bill to the house.

Ms EDWARDS (Bendigo West) — I would also like to make a contribution on the Tobacco Amendment

Bill 2013. I will commence with a bit of a preamble and a reference to the Relay for Life event held in Bendigo earlier this year. On that occasion I had the pleasure of walking many laps of the Bendigo athletics track with many old friends and also with some people I had never before met. During that time many of these people shared with me stories of their cancer journey. Some of the walkers had survived cancers, some had lost loved ones to cancer and some were undergoing treatment for cancer.

I was a little confused when I read the bill as to why the government did not introduce the bill alongside other recent tobacco bills that had been brought before the house. The bill will bring in laws that ban smoking within 10 metres of designated children’s playgrounds and skate parks and where children are playing organised sport or training. It also bans smoking in outdoor public swimming complexes, which includes any outdoor dining areas contained within pool complexes. The definition in the bill of ‘public swimming pool’ includes all those that are open to the public and also those that are privately owned or owned by local government. The bill also makes some amendments to the Tobacco Act 1987, including accommodating, as we have already heard, the federal legislation introduced by the former Labor government around plain packaging and, of course, no longer issuing permits for specialist tobacco retailers, thereby phasing out those retailers.

One gentleman stuck in my mind clearly, and when I knew I was speaking on this bill today I thought it quite pertinent to refer to his story. He told me about his wife who had passed away about 18 months before from lung cancer; she was a smoker. He was a reformed smoker who was grieving for his life partner but also grieving the dependence on cigarettes which had played such a big part in their lives and, of course, in the lives of their children and which had sadly taken his wife’s life. One of the things which came out of that conversation and clearly stuck in my mind was the sense of regret that this gentleman had about the fact that he and his wife had commenced smoking in the first place.

There is an old saying that we learn from our mistakes, and sadly for some the lessons are learnt far too late.

Young children and adolescents are so ready to learn from the actions, deeds and attitudes of others, particularly their parents. That is why it is so important that adults set an example when it comes to smoking — that they reinforce to children and young people the dangers to health and, of course, to the hip pocket, of smoking.

This amending bill continues the excellent precedents set by the Labor government when it comes to restricting access to cigarettes and reducing smoking rates. As many members will know, Labor introduced all of the previous major tobacco reforms in Victoria, including the bans on smoking inside pubs and clubs, in workplaces, in cars with children and removing the display of cigarettes in shops. Labor will always support actions that reduce the harm caused by smoking and support any measures that protect vulnerable children from exposure to tobacco whether that be primary or secondary smoke.

Since 2010 the Liberal-Nationals government has not done a huge amount when it comes to legislating against tobacco. What we have seen introduced are smoke-free patrolled beaches. I have to say that on a recent holiday at Ocean Grove I was walking along the beach and there were many people smoking. I did not see signs of anyone patrolling that beach at that time.

There have also been bans on smoking on public transport platforms. You only need to walk along a train platform anywhere to see the cigarette butts lying on the ground. Obviously that has not been enforced.

And last year, as has already been mentioned, the

Victorian Liberals-Nationals government took out the

Australian Medical Association’s Dirty Ashtray award for the second year in a row. That award is for the least action taken by a government on tobacco laws.

Enforcement of these new laws remains an issue, and this new legislation will also face problems with enforcement — for example, the bill bans smoking only while organised sporting activity is taking place. That begs the question: what happens when the sporting event is over and the umpire blows the whistle? The families and children head back to the car parks and along the way back to their cars the parents light up their cigarettes and have a couple of smokes, with the children in tow.

If these bans are to work, it is imperative that the government invest in a public awareness and education campaign so that parents, volunteers, teenagers, children and anyone else who is involved in a sporting activity or at a swimming pool are aware of the new laws. Enforcement will also only happen if there is adequate signage pointing to non-smoking areas, such as around children’s playgrounds and swimming pools.



It is going to be a tough ask for local governments to find the additional funding to put in this kind of signage. Obviously there has not been enough investment by the government in advertising, in raising awareness or in education about the previous laws it introduced because people are still smoking on the beaches and on train platforms.

Sadly, smoking is still the leading cause of preventable death in Victoria. As we know, it causes, among other things: lung cancer, tongue cancer, throat cancer, mouth cancer and brain cancer, heart disease, birth abnormalities, stroke, emphysema, chronic bronchitis and gangrene. All those devastating illnesses are caused by cancer. We also know that smokers are reducing their habit, because statistically there are fewer smokers in Victoria. The cancer council recently put the figure at

13.3 per cent, as previously mentioned. But there is obviously still more to be done. Reducing smoking rates to zero per cent would be a very worthwhile goal for government and for communities and would have enormous flow-on benefits to our health system, which is under enormous stress and strain. before me, I reflect on the changes that have occurred in relation to tobacco use across our lifetimes. It was some time ago, but I remember when my wife and I were first married it was customary if someone entered your house, that you put an ashtray down for them.

They would be free to smoke in your house. We have come a long way since then, and thank goodness for that. I do not smoke, and I am very pleased that my parents did not smoke. That provides some background to what we are looking at in this bill: the influence on developing children of seeing people smoking.

We know about the health effects of smoking and about how hard it is to quit. I think every one of us would have had a friend, acquaintance or even a partner who has endeavoured to quit smoking. We have seen how difficult that is for them, and we have supported them whenever we could. As the advertising says, every time you quit you get a little closer to the next time you quit, and maybe that time it will be for good.

As a former Family Cancer Connect volunteer with

Cancer Council Victoria and having lost my first husband to cancer, I can attest firsthand to the excruciating, devastating and overwhelming impact of cancer. No-one should have to go through this. The emotion, the stress, the pain and the impact on family, friends, colleagues and the broader community is heartbreaking. What we do know is that smoking is a cause of cancer; there is no way we can deny or escape that fact. As such, we all have a responsibility — as members of Parliament, as members of our community and as leaders in our community — to encourage people to quit.

The bill takes tobacco control and the management of its influences on people one step further. We know how big this effect is in the long term on people who smoke.

Many of them have significant health issues and face the costs associated with those health issues. The purpose of the bill is to amend the Tobacco Act 1987 to prohibit smoking in certain public outdoor areas, to restrict further the promotion and display of tobacco products and — under the enforcement sections — to make it an offence to threaten, assault or intimidate an inspector who is exercising a power under the act.

It would be an extraordinary day if smoking was completely banned across Victoria, not just at outdoor children’s playgrounds and outdoor pools but also at outdoor eating venues, child centres, hospitals and other areas where we see people smoking. I have always found it quite extraordinary that if you go to any public hospital in Victoria, whether it be the Alfred hospital, the Royal Children’s Hospital or any other main hospital, even the Bendigo Hospital, there will always be people standing out the front having a cigarette. It is quite shocking and devastating. If we could only get the message out even stronger than we do now about the devastating effects of smoking and the devastating effects of cancer on families, then we would all be in a much better place.

Mr CRISP (Mildura) — I rise to speak in support of the Tobacco Amendment Bill 2013. As many have

We need to look at what the bill does. It restricts smoking at or in the vicinity of outdoor children’s playground equipment, outdoor skate parks, outdoor areas within the perimeter of public swimming pools and outdoor sporting venues during under-age sporting events. To go into a little more detail, smoking is prohibited within a 10-metre radius of outdoor children’s playgrounds and skate parks that are open to the public. This is similar to what occurs in other states.

New South Wales, Queensland, Western Australia,

South Australia and Tasmania already have laws similar or equivalent to this. Smoking will be banned at outdoor public swimming pools and within the perimeter of swimming pool complexes. This is similar to the bans in New South Wales and Tasmania.

Smoking will also be banned within a 10-metre radius of sporting venues during under-age sporting events — this is where things get a little more complicated — including a playing field, track, arena, court, rink or similar area where the sporting activity is taking place; any permanently or temporarily erected public seating at an outdoor sporting venue; any seating, marshalling


Wednesday, 16 October 2013 ASSEMBLY 3463 area, warm-up area, podium or other part of the outdoor sporting venue that is reserved for the use of competitors or officials; and any part of the outdoor sporting venue which is used to conduct the under-age sporting event. The coverage is fairly comprehensive, and again the 10-metre rule applies. number of different comments, which this issue will inevitably provoke in a community. Regardless of this legislation the council is quite free to pursue the objectives it may wish to pursue.

There has been some debate about the enforcement of the ban. Council inspectors will be appointed under the

Tobacco Act 1987 and will be empowered to educate the public and where necessary enforce the bans, including through the issuing of significant on-the-spot fines.

There are some other measures within the act that are worth a quick walk-through. There are reforms to further restrict tobacco promotion and advertising. We have been closing the advertising net around tobacco use or sale for some time. The bill closes the loophole that exempts certified specialist tobacconists from requirements regarding the display of tobacco products.

The bill also prescribes the size, content and manner in which price notices or price boards can be set out or displayed.

I note — and this brings the matter a little closer to home in some respects — that while there is support for this legislation, in particular from Quit Victoria and

VicHealth, Mildura Rural City Council does not to my knowledge have smoke-free areas under local government laws and policies. I know other councils have, but that council does not. We are not looking at any overlapping legislation here, so it should be straightforward for Mildura.

There is some detail we can go through in relation to this matter, which I am sure many people in the electorate of Mildura would be interested in. Why are we banning smoking in outdoor areas? We know that smoking takes 4000 lives a year and costs the community $6.8 billion, and the evidence suggests there is no safe level of tobacco smoke, so where adults and children interact with each other the ban is a necessary safety step at this stage. How will the public know where they are allowed to smoke? There will be a range of initiatives to let the public, sporting clubs, swimming pool complex operators and other relevant organisations know about the new bans, and there will be a public awareness campaign. No smoking signs will be available for local councils where they feel they need to install them.

Earlier I touched on the issue of enforcing the laws.

Council inspectors and environmental health officers will undertake the role in relation to the new bans, under the Tobacco Act 1987. The government will also be providing support to organisations in informing their members about the law, particularly sporting clubs. A number of clubs, I am sure, will be seeking guidelines, and the government will send them material to assist them. Some sporting clubs already have their own smoking policies. These bans are intended to complement the policies of sporting organisations that have already led the way in this area.

In June the debate did reach the Sunraysia Daily , but in

Mildura it focused very much on smoking in alfresco dining and outdoor drinking areas. The debate had some cross-border influences, because New South

Wales was legislating to ban smoking in alfresco areas, which will take place from July 2015. The debate included a contribution from the mayor, and although this legislation does not address the issue raised in the

Sunraysia Daily in June this year, councils can introduce and have introduced smoking bans elsewhere, so if the Mildura council wished to act, it certainly could act.

The ban will apply to playground equipment in fast food restaurants and licensed premises. That is an issue that will be of interest to many people. It will apply to outdoor children’s playground equipment on premises that are defined as public places, a public place being a place that a member of the public is ordinarily able to access, whether by payment or not. I think that clears up that issue. The ban would not apply to premises that members of the public are not ordinarily able to access.

That would be children’s play equipment in people’s backyards.

The council is free under this legislation to go further if it so wishes. It can debate, resolve and enact restrictions to ban smoking in alfresco dining areas if it so wishes, and the mayor offered up some possible solutions that I think our council could well debate. It could take the lead in this area, as some councils did around playgrounds and other places. The article in the

Sunraysia Daily is a comprehensive one and contains a

These reforms are considerable, and I think perhaps in closing we can look at how big they are. There will be

5834 outdoor children’s playgrounds affected,

308 skate parks, 297 swimming pools and

2421 sporting venues. This is legislation that is necessary, it has been coming a long time, and it brings us into line with other states. I certainly support the legislation, commend it to the house and wish it a speedy passage.



Ms THOMSON (Footscray) — I rise to speak on the Tobacco Amendment Bill 2013. It is true that any reform in the area of smoking that encourages young people and others who are currently smoking to quit smoking is good. It is true that there has been a raft of legislation in the past that has brought us to the situation we are in now, where only 13.3 per cent of Victorians are in fact smokers. This is a great outcome. Let us have a look at some of those initiatives that came from the previous government. Some of my colleagues have already talked about some of them: the smoke-free dining laws which banned smoking in restaurants; smoke-free shopping centres — people might forget what it used to be like to go into shopping centres before they became smoke-free in November 2001; restrictions on the advertising of tobacco licences; restrictions on bars, clubs and pubs; restrictions on train station platforms, tram shelters and bus shelters; and the laws that required plain packaging and regulated the ways that tobacco was made available for sale. A number of measures were put in place by the previous government. mentioned it, but he came back into the chamber and I could not help myself.

These are important measures. Matters concerning smoke become very difficult when they involve parents or carers, and it is very hard to enforce any law that forbids smoking around children. The previous government brought in legislation which made it illegal to smoke in a car in which children were travelling. It can be very difficult to enforce such laws, particularly when parents transport their children to sporting events.

How do we stop these people from lighting up? I am particularly concerned about what might happen prior to the commencement of a game and afterwards, because I do not believe this legislation deals with circumstances when a sporting event has finished. Will parents be able to light up cigarettes while their sons or daughters are getting changed after a sporting event and parents are still at the sporting ground? I have some concern that, given the addictive nature of cigarettes, this issue may need to be addressed further down the track. I also have some concerns about the practicalities of this piece of legislation and the support that is being given to it. Like the member for Williamstown, I pay tribute to

Nicola Roxon, a former federal Minister for Health and

Attorney-General, for the work she did on the plain packaging of cigarettes. The measure was a world leader and is being looked upon around the world as a strategy to be picked up. These are all great initiatives.

There are provisions in the proposed legislation relating to the smoking of cigarettes at children’s playgrounds and at sporting grounds where organised sport occurs.

These are good measures. What interests me is whether or not local councils will have enough resources to ensure that inspections occur. We must remember that most sporting events and activities occur at weekends.

The time when children’s playgrounds are most predominantly used is at weekends. Particularly in the early phase of the operation of this legislation we must ensure that a regime is in place that supports local councils and gives them enough resources to have inspectors present at times when they need to be out and about policing these new laws. These laws are not worth anything if they are not policed, and no amount of signage can do that. Placing responsibility for the enforcement of these laws upon sporting clubs and parents can be risky, particularly in cases where aggressive parents are told to put out their cigarettes.

We need to be careful that we properly support clubs by ensuring that these measures are policed.

I also suggest that we should think about banning smoking from the parliamentary precinct, which may upset the member for Benambra. I would not have

I also wonder about some of the issues raised in the submission made by the Municipal Association of

Victoria. The association wants to introduce statewide tobacco laws for alfresco dining areas, an issue which I do not think has been addressed. The member for

Williamstown said that the Australian Medical

Association has expressed similar concerns about smoking in alfresco dining areas, as has Cancer Council

Victoria and many other health bodies. Some more work needs to be done in this space. Many people who enjoy alfresco dining and sitting outdoors do not appreciate the presence of people who smoke, particularly when they are enjoying the company of their friends. Most of us would prefer to enjoy dining and tasting our food and not experience the wafting of cigarette smoke. Issues in that space need to be addressed.

The other thing I did not mention was a very important measure by the previous Labor government, which was ensuring that workplaces were smoke-free, protecting

Victorian workers from passive smoking and encouraging workers to give up smoking. That is important. The proactive campaigns that actually are not punitive but are about trying to help people get off smoking are very important, and we know how much that costs our health budgets. We know the consequences of smoking cigarettes in relation to the various forms of cancer and heart disease, so it is very important that we are proactively campaigning on the adverse effects of cigarettes and looking at as many


Wednesday, 16 October 2013 creative ways as we possibly can not to encourage new smokers and ensuring that we are encouraging those who do smoke to give up and making it as easy as possible for them to do that.

ASSEMBLY 3465 and ensuring that those who smoke understand the risks they are taking.

I was very disappointed to hear that Quit had lost funding for those campaigns. It is important that we invest more heavily in ensuring that we are supporting people in getting off cigarettes and that we are running those kinds of campaigns that promote quitting smoking. The part of the budget that is spent on those programs is saved by the people who do not enter the health system because of their smoking habits, so it is very poor economics — if we have to put this in economic terms rather than health terms — to cut the programs that take people out of smoking and ensure that people do not take up smoking. To cut those from the budget is very short-sighted. It does not make economic sense, and it certainly does not make good health sense either.

There are some issues we will have to keep addressing in relation to smoking. Any measure that encourages people to give up is great. It is a step forward, and that is why we certainly support the measures in the bill.

However, we need to keep working in this space. We still need to maintain campaigns that are very active in promoting non-smoking and give reasons not to smoke.

We still need to be creative in those campaigns so that we hit every target audience of people who are smoking.

The aim has to be in the first instance to prevent young people from taking up smoking. There are few mature adults who choose to take up smoking; there are those who continue, but few choose in their adult years to take it up. Obviously the other aim is to encourage people who do smoke to reduce their smoking and hopefully stop their smoking.

I agree with the sentiments expressed by the previous speaker, the member for Footscray, which were that if we can reduce the amount of people who continue to smoke, then we are doing as much as anything. I am particularly focused on reducing the number of young people who take up smoking. The message is a very simple one: tobacco and harm are ever-present partners.

In recent decades we have demonstrated that there is an antisocial side to smoking, and it is now difficult to do anything other than acknowledge that. When I started in this house many members of this Parliament were smokers. Now there are only a handful of smokers here, and I venture to suggest that those who do smoke smoke less and they are much more conscious of the risks they are taking. Even with smokers we have advanced. This bill is another step along the way.

I noticed that there has been a narrowing of the gap between male and female smokers. More men are quitting smoking, and hopefully fewer women are taking it up. I know that going back a couple of years there was a great deal of concern about young women taking up smoking and that it looked an attractive thing to do; it was, they thought, glamorous. Of course it is anything but glamorous, so campaigns that target and are segmented to the very people who need not to take up smoking are very important. We should continue doing that work, and I hope we continue to do so on a bipartisan basis.

Earlier this week I had the opportunity, as perhaps some other members did, to attend as part of the

Melbourne Festival a performance of Eddie Perfect’s first play, The Beast . It is a satirical production which sets four couples on a path of social exchange in intimate circumstances. There is a particularly satirical performance of the smoker amongst the couples. In the story a couple’s relationship is literally dependent on the smoker not being caught smoking by the partner.

This reduces the smoker not only to going outside but to wearing a hairnet, a mask, a glove, a sealed jacket and to using a filter while smoking.

Mr BAILLIEU (Hawthorn) — I commence by commending this bill. I think I last spoke on this subject some seven or eight years ago in this chamber. At that time the adult smoking rate was around 16 per cent, I believe. We are now down to about 13 per cent. When I first entered this chamber I think the rate was about

20 per cent. Over the last two decades there has been a consistent decline in the adult smoking rate. That is a positive, and this has to be and is a progressive business — discouraging people from smoking in the first instance, encouraging those who do smoke to quit

I am not sure that satire would have worked 10 years ago, but it worked beautifully in Eddie Perfect’s first play. It demonstrated not only the change that has taken place in tobacco use in our country — and we should be proud of the efforts that have been made there — but also the lengths that some people may yet go to to participate in a habit that they know in their heart of hearts is not doing them or anybody else any good and is putting social relationships at risk. I recommend

Eddie Perfect’s latest effort to anyone who is looking for some good-hearted entertainment.

I think we have achieved much in the tobacco field.

What I fear most — and I spoke about this when I last spoke on this subject — is that young people have


3466 ASSEMBLY Wednesday, 16 October 2013 found something in place of tobacco. They have found something just as bad and perhaps even worse. In time I hope we will find a way into young people’s minds and hearts so we might better deal with the recreational drug issue. Increasingly we are seeing young people demonstrate that they do not want to smoke while at the same time they are indulging in life-changing recreational illicit drug behaviour. That remains one of the key problems we face.

This bill is part of the never-ending progress as we transform our community away from tobacco. Let us not forget that in that process we cannot leave young people to take up recreational drugs instead of tobacco.

The harm caused by tobacco is obvious, as is the harm caused by illicit and recreational drugs. We should be thinking about them in the same way now and well into the future. Even if it takes months, years or decades to achieve, we have to commit to making those changes. changes make will lead to a further reduction in smoking being seen as an acceptable activity by young people, and in particular by children.

There are a range of other changes relating to federal packaging, directives about promotional activities and some other minor consequential changes. Some of them are not so minor, regarding the phasing out of specific dedicated retail tobacconists. Based on the lack of anything bad in this proposition and those modest but not insignificant measures, given that they are not injurious to other individuals and community health and will make some limited contribution, the opposition is not opposing those arrangements. By the same token, it gives us the opportunity to pause and reflect on what the bill does not do in this important area, and a number of speakers have contributed to that debate.

We should be proud of the reduction in adult smoking rates. We should be vigilant about continuing to pursue further reductions. Along the way we should never pillory those who still smoke in their own right. They are not pariahs. They are people who have found smoking and find it difficult to give up. We should prevent people from taking it up and help those who have to give it up. The same goes for recreational drugs.

I touch briefly on the contribution by the member for

Hawthorn. In that Eddie Perfect play — not that I am justifying smoking in any way — if I were that character and married to the wife he had in that play, I would be seeking as much relief from external sources as I possibly could, and I am sure she did not drive him to it. Other measures that members from both sides might contemplate for future reference in this important area would perhaps lie in areas such as further restrictions around promotional activities, particularly around special events, sporting areas and the like.

Mr FOLEY (Albert Park) — I congratulate you,

Acting Speaker, on your shirt and tie. I also congratulate the honourable members on both sides of the chamber whom I have heard making contributions to this debate. It has been uplifting to hear some of the better elements of the support that important public social and health issues like this evoke and the very personal and real commitment that members on both sides bring to the issue. In that regard, as members well know, the opposition will not be opposing this bill on the basis that, as members on both sides have indicated, change, however piecemeal, however progressive, in small steps in this area, as long as it is heading in the right direction, is to be welcomed, but at the same time that should not give us reason not to seek more change and make further efforts in this important area.

As we know, this bill introduces a range of relatively minor, but by the same token not totally insignificant, measures around restrictions on smoking in playgrounds, skate parks and organised sporting activities — which rules out the St Kilda Football Club based on its 2013 effort — insofar as they apply to juniors, outdoor swimming pools and a range of other areas. While there might well be problems related to the lack of enforcement provisions other than peer pressure, we would hope that the contribution those

Perhaps most significantly, as indicated by the member for Mildura, there is the issue of the 500-pound gorilla in the corner of the room relating to the situation whereby smoking in restaurants and food areas in outdoor dining areas is not addressed. As the member indicated, New South Wales has imposed some measures in this area which will come into effect, as I understand it, in 2015. That aspect has been the subject of ongoing campaigning by public health agencies in this state and has been opposed by some key and significant interests. That issue will not go away, and it will bubble up in all sorts of contexts until such time as the arrangements that place public health first are dealt with.

The third area might well be how we strengthen and pursue opportunities through local governments, encouraging that level of government to become more proactive in this area. It is in relation to local government that I seek to extend some further comments. Most of the district of Albert Park is covered by the city of Port Phillip, which prides itself on being a leader in public health policy and in enacting measures in this particular field. Given its extensive beach areas, it became one of the first councils to ban


Wednesday, 16 October 2013 ASSEMBLY 3467 smoking on its beaches, something it did with some degree of policing.

In that respect, when the Port Phillip council indicated it was reviewing its public health policies and that it was going to approach the issue of further restrictions on smoking, there was some expectation in the community that the council would strengthen its position in this area and that it would particularly look to strengthening the potential for smoking arrangements to be banned at outdoor dining areas in some circumstances. Indeed the draft council policy foreshadowed that. result in smoke-free dining in outdoor areas in the near future, and I make the following call upon the council.

If, within 12 months of the enactment of this law, there is no such outdoor dining area anywhere in the city of

Port Phillip — that is, by August of next year — I call on the council to review the local law, rather than leave it for the many years for which it will sit on the books before it is compulsorily reviewed, and certainly not to wait until smoking in outdoor dining areas more generally across the state is, frankly inevitably, banned.

It is a difficult issue, but if the council is to live up to its commitment, I call on it to meet that challenge.

It was therefore with some degree of disappointment that whilst the final policy enacted by the council nodded at the goal of reducing smoking in outdoor dining areas, oddly enough a clause of the local law it passed to deal with this purports to prohibit council from designating smoke-free footpath trading areas without an express request from a trader. Whilst the council, therefore, will go through a process for its many outdoor dining areas, it has a local law in place now that allows a local trader in a given area to essentially veto the proposition. That is counterintuitive, given all of the rest of the council’s approach.

I was very indebted to Quit Victoria for providing an analysis of this arrangement to me and to the council. I think it is generous to say of the council that the jury is out on its bona fides on this. I call on the council to use the initial 12 months of this local law — a period which has commenced — to deliver on its commitment indicating that one of the many outdoor dining strips that operate in the city of Port Phillip would go smoke free. The alternative is represented by the criticisms

Quit has made here — that all it takes is one trader to exercise a veto right over an entire area going smoke free.

On that note, I conclude my remarks. As relatively disappointing, on one level, as this bill is in terms of the lack of breadth, the best that can be said is that it is another contribution to the erosion of smoking in this state.

Ms RYALL (Mitcham) — It is a pleasure to rise to speak in the debate on the Tobacco Amendment Bill

2013. Once the bill has been passed by the Parliament it will prohibit smoking in the vicinity of outdoor areas, particularly sport and recreation areas, where children and young people are present. The bill prohibits smoking at or within 10 metres of children’s outdoor playground equipment, a skate park or a sporting venue in an outdoor public place during an organised under-age sporting event, including training or practice.

That could be school sports as well. The bill also prohibits smoking in outdoor areas of swimming pool complexes that are in a public place.

The bill comes down to what is really a culture change that we have seen take place over quite a number of years across Australia and certainly in Victoria. Each year in Victoria about 4000 lives are lost due to smoking-related illnesses and issues. The evidence suggests that there is no safe level of exposure to cigarette smoke, be that initial or second-hand smoke.

On one level the traders would argue that they would be at a competitive disadvantage relative to other areas, including local government areas, and that this issue should be dealt with at a statewide level. There is some validity to that. However, until that issue is resolved it is imperative that councils such as the city of Port

Phillip, which purport to be tough on smoking and in support of the interests of the vast majority of visitors to and residents of the city who do not want to have their outdoor dining interrupted or disturbed by smoking, are fair dinkum about whether or not they are up for this challenge.

I am prepared to take councillors on the face value of their commitment that they believe this new law will

As a child I grew up around smokers. I spent a short time in my working life as a nurse. I recall that in the mid-1980s at the Alfred hospital we had a very big cafeteria. When you walked in to have lunch the entire room would be filled with smoke. People often used to laugh about the fact that nurses were smokers. To be perfectly honest, at that time most nurses, certainly the ones I worked with, were smokers. We have come a long way since the mid-1980s. Even during the time I spent at the Alfred hospital smoking was diminished. It was restricted to a particular area so that the smokers were put in confined spaces. Eventually the smoke became too much in those confined spaces. That is what has happened with other Victorians as well — that is, there has been a change in the attitudes and the


3468 ASSEMBLY Wednesday, 16 October 2013 culture and over time smoking has become less and less accepted.

The key to this issue is that adults are role models to children. As I said, I grew up around smokers and, as I will confess, I am a reformed smoker, so I know what impact smoking has on younger people, how difficult it is to quit smoking and the influence that adults have on children and young people through their actions — that is, the way they hold themselves, the way they behave and the things they do. Having bans on smoking around outdoor playgrounds, skate parks, swimming pool complexes and sporting venues during under-age sporting events is certainly a welcome step in the progress of changing the culture in relation to smoking in this state.

There will be public awareness and education campaigns about these bans. There will be print, radio and social media advertising. No-smoking signs will be provided for councils and associated organisations to put in place around the particular areas to advise people where smoking can and cannot take place. Obviously a range of materials will be provided to inform people and sporting organisations about how these bans will impact on them. There has been wide consultation on this bill. people. People at sporting facilities and clubs like this will be significantly impacted by this legislation as they will need to make sure they do the right thing to protect and set good examples for our children and are the role models they need to be as adults and parents. My electorate has many residential playgrounds — indeed there is one in my street — which will also be affected and will require smoking bans to be implemented.

Culture change is not something that just happens overnight; it happens over time. We have gone from a total acceptance of smoking as the social norm — in fact smoking was looked up to at certain stages; we accepted it — to over time it becoming socially unacceptable in many instances. As we push further forward it will become even more socially unacceptable to smoke in particular areas. From time to time you hear people expressing a wish that people not smoke in many different circumstances and situations. I would like to reiterate something the member for Hawthorn said in his contribution, which was that we do not single out or ostracise people; instead we support them through the process of quitting. It is very difficult to quit. I know from my own experience and I know from witnessing the enormous difficulties people I have been close to have gone through. Smoking is addictive; we know that.

From a bipartisan perspective, I commend the former government on the actions it took in relation to putting in place processes and legislation to deal with and alter the acceptance and social norms around smoking in this state. I am pleased to hear that the opposition is supporting this bill. Certainly from the government’s perspective we are continuing that tradition. We have dealt with tobacco products being displayed and advertised. We have dealt with smoking on patrolled beaches in and around the flag areas. We have dealt with smoking and shopper loyalty programs. It does not stop there. What is really important is the consultation process that goes on around these things.

I would also like to reiterate what the member for

Hawthorn said about sometimes wondering whether what we are seeing is recreational drugs being substituted for smoking. My hope is that over time the social norms of people getting excited and thinking recreational drugs are cool will turn around in the way that they have for smoking and that it will soon be seen as very uncool to participate in the taking of recreational drugs. My hope is that the social norms will mean that different age groups trying different products will become unacceptable across the board and that as a community and society we will no longer tolerate those things we may once have tolerated in relation to smoking or drugs.

Members opposite have said, ‘Why aren’t all these other things being done?’ or, ‘Why aren’t they included in this bill?’. I think they should ask themselves the same question. When they implemented changes in relation to smoking, why did they not do them all at once? There are clear consultative phases and processes that must be gone through. What is really important is that when you do these things, you do them right, you do them properly and you do them well.

A number of sporting facilities in my electorate of

Mitcham will be affected by this legislation, including

Heatherdale Reserve. Three junior clubs play football there as well as cricket. This oval is used by young

There is a role for both government and the community to play. Our community has done well by no longer openly supporting or accepting smoking. On that note I congratulate the minister on the bill, and I commend the bill to the house.

Mr PANDAZOPOULOS (Dandenong) — It is a pleasure to speak on the Tobacco Amendment Bill

2013. The opposition is not opposing this bill, as it is part of the evolution of reforms attempting to encourage more Victorians to kick the tobacco habit.



As many speakers from this side of the house have said,

Labor has long form in this area and has taken a very strong leadership role. This is not a political comment, but all the key and difficult issues have been undertaken by Labor and the labour movement. It was in the 1980s that the trade union movement started looking at smoking in the workplace as an occupational health and safety issue. difficult issue. The success of the campaign so far has been its capacity to lead while taking the community along at the same time through public education and by supporting relevant organisations and individuals who are affected. It is a hard issue, and the government has chosen to deal with other smoking issues, with a particular focus on trying to reduce smoking in the presence of children. That is why it has banned smoking on beaches, in bus shelters and on train platforms, and now we are moving on to the next stage that will be helpful.

I was a union official with the Australian Insurance

Employees Union, and this was the first union to make having to negotiate with employees an industrial issue.

We started negotiating cooperatively with employees in the life insurance industry, which used to say you could not take out life insurance if you were a smoker — or at least, you would have to pay a higher premium. What a contradiction that was, given that staff were allowed to be in an environment where they smoked at work.

When I entered work as a trade union official in 1987 I was amazed at how many ashtrays there were on desks at insurance companies. So it was appropriate that we started this.

I think we need to focus on the fact that smoking is an adult problem, particularly in certain communities.

Unfortunately in areas like the Dandenong electorate, which has a migrant population with substantially lower than average incomes, there is a cultural issue of people smoking more. Whilst we have been very successful in a whole lot of campaigns, it is important that we do not lose the ability in any of our promotional campaigns to effectively target our message and seek support. If you look at some of the ethnic communities and newly arrived migrants, you see the reality is that smoking is part of their culture, as it was part of ours for many years, when it was seen as a cheap form of socialising. It is hard to kick the habit.

From an industrial point of view it was very difficult being a trade union official telling members to kick the habit and trying to go out and negotiate. But we protected and supported the employees in these altercations by having education sessions and taking time out to teach employees about the impacts of smoking on themselves and their colleagues. These were important initiatives as part of this process. Many of those union members who were critical about the union taking away what they thought was their right in the workplace ultimately congratulated us and thanked us for the informal pay rise they had given themselves by reducing their smoking and in some instances by stopping completely.

I am highlighting this because Labor has worked on this issue for many years. Debate was on in the 1980s about the effects of smoking, and Labor, with the support of the upper house, formed VicHealth as part of the public education campaign. So this has been an ongoing process over a number of years. The reality is that every government is lobbied by the media, the antismoking sector and the health lobby, which asks, ‘What is your strategy? What is your view about where you want to take the next stage of helping to reduce tobacco consumption and addiction in Victoria?’. And it is right to try to achieve this goal.

Whilst we can advertise on expensive TVs and in newspapers et cetera, many community groups do not access these forms of media for their communication about health. We know from the health fraternity that the biggest benefit you can give yourself in health improvement is quitting smoking. That message is clearly not getting to a few people in certain communities, and we have to be smarter about the way those communities receive their information. We need to work with local organisations and media outlets in order to effectively work with those communities to help them reduce the incidence of smoking and pass on the message to kids and grandkids that smoking is not the best thing to do for health. I would encourage a lot of focus on work with ethnic communities; we need a grassroots focus that will target lower income communities, and I will talk more about that in the morning.


As members have said, we have evolved over time.

This government was under pressure early on about what its strategy would be. There has been an ongoing debate, as we have heard from other members, about what should happen with alfresco dining; it is a very

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Department of Human Services parliamentary contact officers

ASSEMBLY Wednesday, 16 October 2013 responses to those who were often extremely stressed. I know the member for Ballarat East agrees with me and would support that statement. In fact I would like to thank all the local staff who have provided assistance to my office. I call on the minister to reverse this decision and to reinstate our ability to consult directly with local

Department of Human Services staff about our local constituents and their matters.

Ms KNIGHT (Ballarat West) — I wish to raise a matter for the Minister for Mental Health. The action I seek from the minister is that she reinstate a designated local Department of Human Services (DHS) officer to liaise with other members of Parliament and me. For as long as I have been an MP there has been a local employee of the Department of Human Services serving as a local contact person, someone I or my staff can call to follow up inquiries from constituents. As most MPs will know and have experienced, our offices are often the first point of call and sometimes the last point of call for constituents, and in my experience many of their inquiries can be responded to quickly and efficiently through the local contact person.

This arrangement is effective on a number of levels.

Often the constituent is highly stressed and is sometimes in a state of trauma, and being able to contact someone locally and immediately can often diffuse some of that stress and trauma. It also provides an opportunity to have a consistent message between

DHS, my office and the constituent, and this can be absolutely appropriate, particularly for people who may be experiencing mental health challenges. It can also provide an opportunity to quickly assess those situations that are policy related, and so require direct contact with the minister, and those that are procedural and may need to be followed up immediately.

It was extremely disappointing and came as a surprise to me to be informed recently that the local contact worker at DHS would no longer be able to assist with day-to-day inquiries and that from now on all inquiries must be directed to the minister. This means that constituents will now have to wait an unacceptable length of time to receive a response to their inquiries, in some cases creating further stress in what is already a stressful situation. It will impede intervention in crisis situations that could be quickly resolved through direct communication with the head of department or a caseworker.

Patterson River dredging

Mrs BAUER (Carrum) — I wish to raise an issue for the Minister for Environment and Climate Change.

The action I seek is for the minister to look into alternative solutions to the dredging of Patterson River.

Boating and recreational fishing are among some of

Victoria’s most popular pastimes, and the Patterson

River boat ramp at Carrum is one of the highest capacity ramps in Victoria. Patterson River is recognised nationally as a major gateway to some of the best snapper grounds in Victoria, and between 400 and

500 boats use the river daily in the peak summer snapper season. Dredging of the river mouth has been happening for many decades, and we need to consider a long-term solution. The river is an important asset for the Carrum community, and enthusiasts from all over

Melbourne enjoy the benefits that Patterson River and

Port Phillip Bay offer for fishing, boating and water-based activities.

The busy snapper season is now upon us, and the local community has recently been affected by the narrowing of the river due to strong winds and natural sand build-up, which has created a hazard for recreational and commercial boat operators. The depth was approximately half a metre in some sections, which caused damage to boats and safety concerns. I would like to thank the local businesses, charter boat operators and members of the boating community who have notified me of the difficulty navigating the Patterson

River entrance. I have worked closely with the minister and Parks Victoria to come to a resolution and have welcomed the recent works by Parks Victoria with the return of the dredge at the Patterson River entrance. I understand that Parks Victoria has an ongoing dredging program to ensure the continuation of safe boating access within Port Phillip and Western Port bays.

I would like to take this opportunity to thank my local contact worker at the Department of Human Services,

Chris Hall, for all her assistance to my office and the constituents of the Ballarat West electorate. Chris always maintained the highest level of professionalism and courtesy, and was integral in providing timely

I am proud of the Victorian coalition government’s commitment to the boating community. The recent

$430 000 upgrade to the Launchingway boat launching facility at Patterson River has provided safer and more efficient boat launching and retrieving and improved fishing access. The $450 000 dredging works at

Patterson River will be carried out as part of the government’s $2 million program. This funding is a

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Baringo Valley land clearance

ASSEMBLY positive investment in the wellbeing of the communities surrounding Port Phillip Bay and Western

Port, as well as an essential support for the ongoing success of the local economies. If the minister could advise what long-term alternatives to dredging there are, it would be welcomed by my community.

3471 property, but they basically rely on the cooperation of land-holders, otherwise it is more complicated and may require two clear days notice or a visit to the Victorian

Civil and Administrative Tribunal or the Magistrates

Court. We know that if this family believe its works will be stopped, it will just bring in bigger and more destructive machinery and work faster. It did that again in this most recent episode.

Ms DUNCAN (Macedon) — The matter I wish to raise is for the attention of the Minister for Environment and Climate Change. The action I seek is for the minister to investigate a recent incident at Macedon

Lodge, which is owned by Lloyd and Nick Williams, where hundreds of trees and understorey were bulldozed on the horse training facility in the Baringo

Valley in the Macedon Ranges. The area they have now destroyed was pristine indigenous forest that had never been logged and never been grazed and where planning controls would not even allow a shed to be built. This property is in a rural conservation zone and proclaimed water catchment and is covered by just about every overlay available in our planning scheme, including significant landscape overlay, vegetation protection overlay, environmental significance overlay and bushfire management overlay.

In their efforts to burn the vegetation they had removed, the Williamses used accelerants and old tyres and even resorted to blower vacs in their desperate efforts to get rid of the evidence. In the end they brought in a front-end loader with a D9 dozer to finish burying what would not burn. Council were called early in this week long saga and for whatever reason did not exercise the full extent of its powers. I ask the minister to fully investigate this incident with the Department of

Environment and Primary Industries and EPA Victoria because of the use of accelerants, and Melbourne Water because of the ongoing impact on water quality, and to investigate the powers available to local government to protect our state and our local environment from the illegal actions and environmental vandalism of the

Williams family.

Gippsland electorate graffiti

The Williamses claim they were only removing weeds, ground scrub and storm damage. We know that is a lie.

It does not take seven days and up to eight excavators, bobcats, D9 dozers and power harrows to remove weeds. This family has form in this regard. In 2007, despite a stop work notice being issued, trucks, graders and excavators continued to remove hundreds of tonnes of soil and only stopped when Macedon Shire Council staff threatened to call the police. At that time Nick

Williams claimed the works were to flatten and straighten an existing race track and that he did not know he needed a permit, it was a storm in a teacup and it was not impacting on any person anywhere. This property is in a proclaimed water catchment. Is this guy serious?

Mr BULL (Gippsland East) — I raise a matter for the attention of the Minister for Crime Prevention, and the action I seek is for the minister to visit my electorate and address graffiti-related problems in my region. As members of the house well know, the electorate of

Gippsland East is the one of the most picturesque and beautiful in the state. We have in general a business community and a general population that are welcoming and accommodating of people coming into our region, which is an attitude that is not uncommon in what is a major tourist area. While graffiti is no more a problem in my electorate than it is in many other rural and regional areas, it is clearly something we can do without in a region that has high visitation rates and relies heavily on the tourism industry.

Fast forward to 2013, and the Williamses are denying entry to council staff and the Country Fire Authority and accelerating the rate of destruction once council and neighbours realise what they are doing, claiming ignorance about planning regulations, showing a disregard for the environment and wildlife and demonstrating their willingness to hold themselves above the law. One can only imagine how many wombats were buried alive in their burrows, not to mention other animals, some of which are seriously threatened. These guys are the neighbours from hell, and our community has had enough. There are considerable powers available to council staff to enter a

Data tells us that it is generally adolescents and young adults that engage in acts of graffiti, a fact I am sure the minister is aware of. I, as the local member, and East

Gippsland Shire Council have a strong thirst to address the incidence of graffiti in the area. In fact it was a strong topic of discussion just last week when I met with the shire chief executive officer, Steve Kozlowski.

Mr Kozlowski has a very strong recognition of the importance of promoting our region as a major tourist area in Victoria and, like me, wants those who are coming into townships like Bairnsdale, Lakes Entrance and Paynesville to have a very pleasant experience,

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3472 including the visual experience. First impressions can be lasting.

The shire, in consultation with me, is looking at various avenues to stamp out graffiti in the region. We have recently announced CCTV cameras that are being installed in Bairnsdale and Lakes Entrance, which will no doubt act as a deterrent to many people who are engaging in these activities. We would also like to explore other programs. In line with that, I recently joined the police and the council in a discussion on anti-graffiti measures when we announced the CCTV installation.

ASSEMBLY

I also acknowledge that the minister has expressed a strong opposition to these acts of vandalism to both public and private buildings. I am aware that there are various education programs that this state government supports through a range of funding streams. A lot of them relate to engaging the age groups that often engage in this sort of activity. Perhaps many would see that as being the best course of action. Whilst improved surveillance has been put in place, education programs are also very important. In conclusion, I call on the minister to visit my region and work with me and the shire to address the graffiti that impacts on our beautiful area.

I note that I have a unit in Melbourne as my parliamentary second residence. This year through my rates I was charged a fire services property levy of

$135.80. There are 143 units in the complex, hence the total fire services property levy revenue from those units would be over $19 000. On checking with the body corporate manager, she advised me that the total fire services levy paid on the units last year as part of the insurance premium was $4391. The total going from $4391 to $19 430 shows that the government is clearly making a significant gain, in this case an increase of 442 per cent. The body corporate manager also advised that she was very frustrated in having to pay a fire services property levy of $300 for her two parking spaces outside her office in South Melbourne.

It appears to be another significant windfall to this government through the fire services property levy.

These are just some examples of the enormous increases in levies for fire services charged to property owners who were fully insured and thus paying the full fire services levy under the old system. I ask the

Treasurer to review these escalated charges, with a view to providing a fairer system.

Barwon Health residential

Wednesday, 16 October 2013 aged-care facilities

Fire services property levy

Mr HOWARD (Ballarat East) — I raise a matter for the Treasurer. I ask him to take action to review the fire services property levy as it relates to residential flats with a view to reducing the levy imposed through the council rating system. This has come about because

I have been contacted by a number of constituents since the new fire services property levy came into play.

One constituent in particular wrote to me recently to advise that the fire services levy charged against his five flats, which are used for private residential purposes, has risen by over 500 per cent in the change from having the fire services levy attached to his insurance policy. His first name is John. I am happy to provide his full name to the minister, but in the house I will just refer to him as John. John advised me that he paid $320 last year when the fire services levy was attached to his insurance premium, but on receiving his last rate notice he found that the fire services property levy attached to his properties is now $1636, an increase of over 500 per cent. In following up with the council, John was advised that although these are standard residential flats they attracted a commercial classification, a position supported by the State

Revenue Office when he followed the matter up further.

Mr KATOS (South Barwon) — This evening I wish to raise a matter for the attention of the Minister for Health. The action I seek is for the minister to visit the Barwon Health aged-care lodges, Alan David

Lodge and Wallace Lodge. My reason for this request is to reassure the residents who, along with the

Australian Nursing and Midwifery Federation

(ANMF), have been the unwitting victims in the opposition’s campaign to destabilise and spread fear in the minds of the residents, their loved ones and staff.

The very public campaign being waged by both the opposition and the ANMF has resulted in a number of residents and their families becoming very distressed.

This campaign is being waged at the expense of the wellbeing of residents and is ultimately affecting the long-term trust that the community has in Barwon

Health and its ability to deliver care to the region.

Barwon Health’s residential aged-care program supports the continuum of care through the support and care of residents and their families when they are no longer best placed at home or in acute or rehabilitation facilities. It is a vital component in the care that Barwon

Health delivers to the region. The McKellar Centre residential aged-care community is also strongly linked to and engaged with our local community through activities such as the community garden at Alan David

Lodge, plant propagation with Barwon Water and reciprocal visiting with different primary and secondary

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Wednesday, 16 October 2013 terms of personal care, allied health and lifestyle be as independent as possible to ensure the best

ASSEMBLY schools in the local area. Again, the viability of these programs is at risk as a consequence of the fearmongering being spread by the opposition and the

ANMF.

We know residents can move from high to low dependency through various interventions and settling in to a home environment with the supports offered in programs. Barwon Health residents are encouraged to outcomes in terms of dignity and self-respect. There are even instances where residents have come in with high-level care requirements and are able to go home with supports — and I know that for a fact because my mother was one of those residents — but the more likely scenario is that residents move from low to high care.

Privatisation of public aged-care facilities will not have any positive outcomes for residents or staff. Sadly, however, privatisation is in the DNA of

Liberal-Nationals coalition member. Regional

Victorians will never forget the former Kennett government’s rampaging privatisation agenda. Since coming to office the Napthine minority government has shrunk the public residential aged-care sector by

284 beds, and tender documents to begin the statewide sell-off of aged-care beds have already been listed on the government’s website.

Opposition to privatisation of aged-care beds is

3473 growing because it is a fact that private operators are about one thing only, and that is making a profit. The government proposes to make these savings through the government not having to pay wages that apply in public facilities, but there is a threat to nurse-to-patient ratios, with a blowout expected to reach one to seven, and a very real compromise to the level of patient care.

More nurses would be made redundant as privatisation inevitably leads to — —

Barwon Health prides itself on its commitment to ensuring residents in its facilities have a lifestyle that reflects the values of the organisation. It is concerning that the opposition has flagrant disregard for the organisation, its staff, residents and the wider Geelong community. Barwon Health is the only public provider of aged-care residential services in the Geelong region.

It is unique in that it links aged-care services with public health services available across the care continuum. We are faced with a situation where there are potentially 216 residents who feel as if their home is being threatened by the continual and untrue claims by the opposition that the facilities that are their homes will be sold off. We need to reassure them that this is not the case, and I look forward to the minister’s positive response.

The

Ms

Privatisation also means limited choice for seniors locally, fee hikes and increased cost of nursing care, and the possibility of elderly people having to move from a community they are familiar with to another area.

SPEAKER

EDWARDS — To categorically rule out the privatisation of any aged-care beds in Bendigo and the

Bendigo region.

— Order! Can the member briefly explain what action she is seeking?

Bendigo aged-care privatisation

Ms EDWARDS (Bendigo West) — The matter I raise is for the Minister for Ageing, and the action I seek is for the minister to categorically rule out the privatisation of any aged-care beds in Bendigo and the

Bendigo region. I ask this because despite previous denials about intentions regarding regional and rural aged-care facilities, four out of the six closed to date have been in regional areas, including at Kyneton and

Ballarat, and in my electorate there has been the closure of Renshaw House at Castlemaine Health in 2011. With state budget documents showing the government expects to save $75 million in the next four years when private providers take over management of the state’s aged-care beds in Melbourne, the Bendigo community and its surrounding regional centres would like to know if they too are on the government’s hit list for the privatisation of aged-care facilities.

Privatisation does not lead to better outcomes, better service delivery or greater capital support. This is purely a cost-cutting measure that will — make no mistake about this — have a negative effect on patient care and lead to nursing staff redundancies.

Under Labor more than 40 aged-care facilities in

Victoria were redeveloped or built, including in

Bendigo the Joan Pinder Nursing Home and the 60-bed

Stella Anderson Nursing Home. I call on the minister to categorically rule out the privatisation of the Stella

Anderson and Joan Pinder nursing homes and also that of Golden Oaks Nursing Home, Carshalton House

Hostel, Simpkin House Nursing Home, Jessie Bowe

House, Mountview Home, Penhall Hostel, Spencely

Hostel, Thompson House and Ellery House — all publicly owned aged-care facilities in my electorate.

The care of our seniors should not be sold off to the highest bidder.

ADJOURNMENT


Sporting uniform grants program

Mr WELLER (Rodney) — I raise an adjournment matter for the attention of the Minister for Sport and

Recreation regarding important funding through the

Victorian government’s sporting uniform grants program. I specifically ask the minister to consider funding for sporting clubs within the Rodney electorate that are seeking funding to rejuvenate their club uniforms. The coalition’s sporting uniform grants program is a $425 000 program that aims to assist community sporting clubs to invest in new footwear and uniform clothing, including team tops, shorts or skirts, and socks.

The costs associated with buying uniforms can be a deterrent for some when deciding whether or not to join and commit to a team. However, the sporting uniform grants program can assist in attracting new members who might otherwise find the cost of a new uniform a financial barrier to participating in a team sport. These grants provide funding of up to $1000 and provide clubs with the opportunity to upgrade their team sporting wear. That goes a long way to removing some of the obstacles that members of the community face in participating in what can sometimes be a costly activity.

New uniforms can go a long way towards boosting team morale and encouraging participation in club sports, which promote teamwork and a healthy lifestyle.

New uniforms can also promote a sense of inclusiveness as individuals strive to work together to be a part of something bigger than themselves — they become a team. Team uniforms are more than just colours and stripes. In many cases they represent a longstanding sporting tradition and/or community pride. They are an identity.

There are 10 sporting clubs in my electorate that would greatly benefit from the grants. These include the

Gunbower Bowls Club, the Rochester and District

Horse and Pony Club, the Rochester United Cricket

Club, the Cohuna Little Athletics Centre, the

Echuca-Moama Hockey Club Inc., the Echuca South

Tennis Club, the Elmore Bowls Club, the Elmore

Netball Club, the Kyabram Football Netball Club — which I might say are premiers this year in the

Goulburn Valley Football League — and the Lancaster

Football Netball Club. anticipation of a favourable response, I ask the minister to consider my request when allocating funds for the sporting uniform grants program.

Ms

Industrial

HUTCHINS relations litigation attention of the Minister for Industrial Relations, and the action I seek is for the minister to disclose to the house how much the government has spent on legal advice and representation in a recent case in the Federal

Court of Australia,

(Keilor) — I raise a matter for the

Construction, Forestry, Mining and

Energy Union v. State of Victoria (No. 2) . Within this disclosure I ask the minister to anticipate how much the legal costs will be in the two appeals the government is taking up with the Federal Court decisions.

Last Friday, 11 October, a judgement was passed by the

Federal Court to fine the state government for breach of industrial relations laws. This state government was ordered to pay $53 000 in penalties for the breaches.

Earlier this year, in May, the Napthine government was already found to have taken adverse action against employees of Lend Lease through enforcing its construction code and threatening to exclude the company from tendering for the new hospital to be built in Bendigo. This decision is currently being appealed by the Napthine government and is set down for three days of hearing in the Federal Court.

How much will this cost Victorian taxpayers? Going back to last Friday’s decision, Justice Bromberg of the

Federal Court said that the state’s conduct in both cases justified penalties at the upper end of the scale. I quote from paragraph 135, page 36, of the decision, which says:

The opportunities for adverse action to be taken in a way that undermines entitlements to the benefits of workplace instruments are widespread in today’s labour market. A clear message needs to be sent that a contravention will be accompanied by a substantial cost. That message needs to reflect the nature and extent of the contravention for which the penalty is imposed.

This is the first time a pecuniary penalty has been imposed on the state of Victoria for breaching industrial legislation. In paragraph 137 Justice Bromberg went on to say:

It was not conduct without impact or consequence. It exerted a high degree of pressure …

It is my belief that these grants will give these rural and regional sporting clubs and their members support to enable them to enjoy healthy team sports at a time when it is increasingly important for all Victorians to get out and keep active. It would be a wonderful result if the coalition could support these 10 clubs. In

Further in the same paragraph Justice Bromberg said that the threat to Lend Lease ‘was a threat to the security of employment of its employees’, and in paragraph 138 he stated that the conduct of the

Victorian government ‘was endorsed, if not directed, by

ADJOURNMENT

Wednesday, 16 October 2013 ASSEMBLY the highest levels of government’. It does not get any stronger than this. This government’s behaviour is not only outrageous but also flagrant. In paragraph 154

Justice Bromberg said that ‘the state saw itself as beyond the reach of the behavioural norms’.

3475 tensions between OMCGs. Like many Victorians, I am concerned that these tensions will spill over into further violence on our streets and endanger the general public.

The Federal Court is sending a very clear message to the Victorian government: it should stop breaking federal industrial relations laws, stop thinking it is above the law and stop putting jobs at risk in the construction industry. This government should focus on job creation and workplace safety and not on wasting taxpayers money in the Federal Court.

Outlaw motorcycle gangs

There are now suggestions that some OMCGs are moving into Victoria in attempts to move away from other jurisdictions that try to ban them. Recent newspaper reports have suggested that epidemic levels of ice have hit our streets, and this is a concern in relation to activities that OMCGs may be engaging in.

I understand that Victoria Police is intensifying the fight against unlawful activity by OMCGs. I believe it is essential that Victoria Police has adequate investigative tools to obtain the evidence needed to get convictions and stop this unlawful behaviour.

Mr SOUTHWICK (Caulfield) — I raise a matter for the attention of the Minister for Police and

Emergency Services. In recent weeks there has been extensive coverage in the media of criminal activities by outlaw motorcycle gangs (OMCGs), including shootings, the discharge of firearms into OMCG properties, the use of explosives against OMCG properties and brawls in public. These activities have all placed the general public at direct risk, and members of

OMCGs have engaged in a swathe of other criminal activity. Can the minister advise the house of action the government is taking to stop OMCGs continuing in their criminal activities?

Responses


Services) — I thank the member for Caulfield for raising an important matter that is facing Victorians, and I would hope that all people in the Parliament and in the chamber would have the same concerns as the government in regard to the way we deal with outlaw motorcycle gangs.

Mr Howard interjected.

The SPEAKER — Order! The member for Ballarat

East!

There have been many violent incidents involving

OMCG members. As an example of how widespread the problem is, it is worth reflecting on a snapshot of media reports on incidents that have occurred this year.

On Friday, 1 March 2013, more than 30 shots were fired at Toby Mitchell, a Bandidos enforcer. On

1 October 2013 police had to evacuate the area around a gym in Hallam after two explosive devices were found in the building. The building had been peppered with bullets overnight, and it was only 10 kilometres from the scene of a drive-by shooting the previous day at a Dandenong tattoo studio. Both businesses were believed to be owned by a member of the Comanchero bikie club. Acting Deputy Commissioner Stephen

Fontana said that a military style AK-47 or an

M1 carbine had been used in these shootings.

Mr WELLS — You have to hand it to the Labor

Party: when it comes to law and order it has no idea. It has absolutely no idea.

The SPEAKER — Order! I ask the minister to ignore the interjections.


The SPEAKER — Order! The member for Ballarat

East, enough!

Mr WELLS — I am gobsmacked at the absolute lack of understanding by the state Labor Party in regard to outlaw motorcycle gangs. It is extraordinary.

This unlawful activity is certainly not confined to

Victoria. On Friday, 4 October 2013, a brawl between

OMCG members erupted on the Gold Coast, and when one of the members of the gang was arrested, a number of OMCG members descended upon the police station and demanded the release of their colleague.

On Saturday, 5 October 2013, Acting Deputy

Commissioner Stephen Fontana commented on rising

It is obvious, as the member for Caulfield outlined, that these outlaw motorcycle gangs (OMCG) are using automatic weapons and explosives in their attempts to dominate one area of Melbourne over another. These unlawful activities have taken place right across the country, whether it be in Perth with the Rock Machine gang or the brawling on the Gold Coast. We need to ensure that all states work together with our federal counterparts to make sure that we have laws in place to stamp out these outlaw motorcycle gangs.

ADJOURNMENT


In February 2011 Victoria Police established Taskforce

Echo in response to the outlaw motorcycle gangs operating in Victoria. I was fortunate enough to meet with members of the task force the week before last, and I was very impressed by the dedication and the professionalism of that task force. The task force was set up because we have to crack down on criminal activities, restore public order and prevent the unfair engagement of these gangs in otherwise lawful activities, such as security and related industries and the liquor industry, to the detriment of the general public.

Taskforce Echo continues to cooperate with state and territory law enforcement agencies including Australian

Customs, the Australian Tax Office and the army when required. to prevent police access to premises, and the legislation allows police to apply for a court order for the removal of fortifications and permits the forcible removal of those fortifications if such as order is not complied with — they will be torn down one way or the other.

The government is also developing ‘unexplained wealth’ legislation to support the existing criminal and civil asset confiscation regimes. We believe that the measures that have been passed by this Parliament will be powerful tools in combating the threat of criminal organisations in Victoria and will send a clear message to outlaw motorcycle gangs that they are not welcome in this state.

Operation Resound has been established to deter, disrupt and discourage rival OMCG activity and to reassure the community. The operation has already conducted a series of raids and made a number of arrests. We thank the federal Minister for Justice,

Michael Keenan, who understands and supports the work that we are doing in Victoria.

Last Thursday’s Operation Redefine was the largest operation to target a single outlaw motorcycle gang in

Victoria’s history. It involved 700 police from different units such as crime command, the bomb response unit, the dog squad, the operations response unit, the air wing, the transit division, highway patrol, the critical incident response team, the transport branch and the forensics unit conducting a series of raids on a number of properties owned by members of the Hells Angels.

The government acknowledges the incredible work that has been done by the Chief Commissioner of Police,

Ken Lay, and Acting Deputy Commissioner Stephen

Fontana, and we thank them for their outstanding work.

The government is committed to eliminating criminal behaviour by gangs and has introduced two pieces of legislation to fight such ongoing criminal behaviour.

The first is the Criminal Organisations Control Act

2012, which enables the Supreme Court to prohibit the continued operation of criminal organisations, ban gang membership, ban association between gang members and prohibit persons from wearing gang patches, which is important. An important feature of the act is the ability to register corresponding orders from other jurisdictions, such as New South Wales or Queensland.

This will prevent persons against whom such orders are made in one jurisdiction from moving and starting new organisations in Victoria.

The government has also enacted the anti-fortification legislation, which came into play a couple of Sundays ago. The fortifications set up by the bikies are designed

Ms WOOLDRIDGE (Minister for Mental

Health) — I am very pleased to participate in the adjournment debate tonight in response to the member for Ballarat West, although I suspect it is in my capacity as Minister for Community Services rather than as the

Minister for Mental Health. First of all, I was very pleased to hear the positive feedback from the member for Ballarat West about the work of Department of

Human Services staff. I agree; I think they work very hard. They are very skilled and experienced, and they always work in the best interests of vulnerable families and children. It is not an easy job. They do really important work right across Victoria, and it is great to hear support for the team in Ballarat.

In terms of having a response and contact through the minister’s office in the first instance, this has been a reasonably longstanding process often engaged under the previous government as well as under this government. While I am sure the member for Ballarat

West has always been appropriate, not all members of

Parliament are appropriate and we have had experience of unreasonable requests, unreasonable pressure and unreasonable time frames. Therefore we think it is reasonable to require contact to be made with the minister’s office so that it can be determined how best to deal with an issue that is faced. This then means a departmental officer does not have to make that call about whether it is a policy issue or a procedural issue.

But I can reassure the member that our objective is consistent with her objective, which is mostly to solve the very difficult issues at hand.

Therefore what I am happy to say to the member and to any member is: please work with my office. I suspect it will mean that in most instances there will be a referral back to the relevant officer in a very short period of time so things can be resolved. I am happy to pass on my chief of staff’s mobile number. I will not say it in the house or record it in Hansard , but I am happy to give it to the member immediately afterwards. We look to resolve these issues for families in difficult

ADJOURNMENT

Wednesday, 16 October 2013 ASSEMBLY 3477 circumstances in the community, and once again I very much appreciate the recognition of good work. We will work with the member constructively to resolve these issues and hope that we can do that in a positive way for the Ballarat community and right across the state going forward.

Ms VICTORIA (Minister for the Arts) — I will refer the member for Carrum’s suggestion about long-term alternatives to dredging to the Minister for

Environment and Climate Change.

I will refer the member for Macedon’s adjournment matter about an incident that happened recently at

Macedon Lodge to the Minister for Environment and

Climate Change.

Mr DELAHUNTY (Minister for Sport and

Recreation) — I rise to respond to a matter raised tonight by the member for Rodney, who as we all know is a great supporter of sporting clubs in his electorate and is always looking to help maximise the opportunity for people to participate in sport. Speaker, as you know, the coalition government is very committed to giving more people the opportunity to get involved in local sporting clubs in their communities. As the member outlined, we have a new sporting uniform grants program, which as the member said goes a long way to boosting the morale of the clubs but also connecting communities.

I will refer the member for Gippsland East’s adjournment matter about anti-graffiti issues in his area and the request to visit his electorate to the Minister for

Crime Prevention.

I will refer the member for Ballarat East’s request to review the fire services levy in regard to residential flats to the Treasurer.

I will refer the member for South Barwon’s adjournment matter to the Minister for Health, asking him to visit the Barwon Health aged-care residence to negate the ALP’s scare campaign.

Wherever you are in Victoria — it does not matter where you are — it is important to be able to give the opportunity for people to be involved with sport. But as the member outlined, often the barriers to participation are a cost. These are a deterrent to some people being involved with sport, so we have this program that I know right across Victoria will help thousands of

Victorians to come together to put on their local team colours and represent their communities by being involved in sport.

I will refer the member for Bendigo West’s adjournment matter to rule out privatisation of aged-care beds to the Minister for Ageing.

I will refer the member for Keilor’s adjournment matter to the Minister for Industrial Relations in regard to the court costs for the case of the Construction, Forestry,

Mining and Energy Union versus Victoria.

The member outlined many clubs in his electorate that are looking to be supported through the Victorian sporting uniform grants program. In the latest round of funding I am pleased to announce that 10 clubs in the

Rodney electorate can look forward to a share in more than $420 000 worth of Victorian government funding courtesy of the sporting uniform grants program. The grants include Cohuna Little Athletics Centre, $1000;

Echuca Moama Hockey Club, $750; Echuca South

Tennis Club, $1000; Gunbower Bowls Club, $592;

Rochester and District Horse and Pony Club, $1000;

Rochester United Cricket Club, $1000; Elmore Bowls

Club, $1000; Elmore Netball Club, $855; Kyabram

Football and Netball Club, $1000; and Lancaster

Football Netball Club, $1000.

The

House

SPEAKER adjourned. adjourned

— Order! I declare the house

10.42

p.m.

These are just some of the 442 sporting clubs around

Victoria that will receive grants of up to $1000 as part of this funding program on which I have just signed off in the last couple of days. I congratulate the member for

Rodney, but more importantly I congratulate the volunteers that run these clubs and give people the opportunity to participate in sport and recreation.

3478 ASSEMBLY


Thursday, 17 October 2013

The SPEAKER (Hon.

Ken Smith) took the chair at

9.33

a.m.


The

Thursday,

BUSINESS

SPEAKER

17

Notices

OF

October

of

THE

2013

HOUSE motion

ASSEMBLY


Assembly of Victoria:

— Order! Notices of motion 1 and

7 to 31 will be removed from the notice paper unless members wishing their notice to remain advise the

Clerk in writing before 2.00 p.m. today. legislate to require breeders, at their own expense, to microchip dogs and cat before supplying to pet shops or consumers, so they can be traced through a central registry much like births, deaths and marriages. Breeders must be registered with the central agency. Dogs and cats cannot be sold without a microchip, and the pet shop/breeder must report the sale to the registry. Microchips cannot be placed until the dog or cat is at least 6–8 weeks old, so the dog or cat is not harmed. Desexing should be compulsory at three months and recorded on the chip. Microchip data can only be updated by consumers at the registry, not by vets or breeders.

3479

By Ms WREFORD (Mordialloc) (572 signatures).

PETITIONS

Tabled.


Wangaratta greyhound racing

Ordered that petition presented by honourable member for Lyndhurst be considered next day on motion of Mr PAKULA (Lyndhurst).


The petition of concerned residents of Victoria draws to the attention of the house the decision by Greyhound Racing

Victoria to refuse to return greyhound racing to Wangaratta, and the associated difficulties encountered by owners, breeds and trainers of greyhounds in the north of Victoria. This decision by Greyhound Racing Victoria has been accepted by the Victorian state government.

Ordered that petitions presented by honourable member for Mordialloc be considered next day on motion of Ms WREFORD (Mordialloc).

DOCUMENTS



Assembly of Victoria urge the government, and in particular the Premier and Minister for Racing, to provide Greyhound

Racing Victoria with sufficient resources and support to facilitate the return of greyhound racing to Wangaratta.

Building Commission — Report 2012–13

Confiscation Act 1997 — Asset Confiscation Operations

Report 2012–13

By Mr PAKULA (Lyndhurst) (826 signatures).

Consumer Affairs Victoria — Report 2012–13 — Ordered to be printed

Animal cruelty

Crown Land (Reserves) Act 1978 — Order under s 17D granting a lease over Victoria Park Reserve


The petition of Suellen Jane Groves — 15 Freda Avenue,

Cheltenham, Victoria, 3192.

Electoral Boundaries Commission — Report on the 2012–13

Redivision of Electoral Boundaries

There needs to be tougher penalties for animal cruelty: these should include heavy fines, criminal convictions and jail sentences.

Financial Management Act 1994 — Report from the Minister for Planning that he had received the Report 2012–13 of the

Architects Registration Board of Victoria

Freedom of Information Commissioner — Report 2012–13

By Ms WREFORD (Mordialloc) (388 signatures).

Greater Metropolitan Cemeteries Trust — Report 2012–13

Cat and dog microchipping

Justice, Department of — Report 2012–13


Mallee Track Health and Community Service — Report

2012–13

The petition of residents of Victoria draws to the attention of the house that: insufficient procedures exist to track the history of a dog or cat in Victoria, to protect dogs or cats and consumers from unregistered breeders, or breeders and pet shops that consistently supply unhealthy pets.

Parliamentary Committees Act 2003 — Government response to the Environment and Natural Resources

Committee’s Report on the Inquiry into flood mitigation infrastructure in Victoria

Places Victoria — Report 2012–13

Plumbing Industry Commission — Report 2012–13


3480

Residential Tenancies Bond Authority — Report 2012–13

Royal Victorian Eye and Ear Hospital — Report 2012–13

Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 124

Terang and Mortlake Health Service — Report 2012–13

Victorian Institute of Forensic Medicine — Report 2012–13

(two documents).


ASSEMBLY Thursday, 17 October 2013 for Bendigo — that it buckled at the knees and chose the Lend Lease bid. Without this pressure the Napthine government would have chosen its preferred bidder; it would have forced a second-best option on Bendigo because it suited its anti-worker industrial agenda rather than acting in the best interests of the Bendigo community. The most frustrating aspect of this is that the new hospital project is now nine months behind schedule — it started nine months late — putting massive pressure on the promised completion date of

2016.

Adjournment

Budget 2012–13



That the house, at its rising, adjourns until Tuesday,

29 October 2013.



Bendigo Hospital

Ms ALLAN (Bendigo East) — Last week the

Federal Court of Australia made a damning finding against the Napthine government over its bungling of the new Bendigo Hospital project. Building on its previous guilty verdict, the court concluded that the

Napthine government delayed the new hospital as it tried to deny Bendigo the best option offered by the

Lend Lease bid by using the new hospital project as a

Trojan Horse to force its anti-worker construction code onto the project bidders. The Napthine Liberal-

Nationals government has now been fined for its actions. Comments provided in the ruling by Justice

Bromberg condemn the Napthine government’s behaviour. He said:

Mr ANGUS (Forest Hill) — I congratulate the

Premier and the Treasurer on the outstanding financial results for the state that were announced earlier this week. Delivering a budget surplus of $316 million for the 2012–13 financial year, which is considerably above the previously budgeted figure, is a great result for all Victorians and reflects sound and responsible financial management. Having expenditure growth of

2.1 per cent during 2012–13 stands in stark contrast to the previous average expenditure growth rate of a staggering 8 per cent in the decade to 2009–10 under the former state Labor government. As any person in business knows, controlling expenditure is a critical element in running a surplus and ensuring ongoing financial viability.

The 2012–13 financial report also revealed that over

$5.2 billion was invested in infrastructure during the year. Responsible financial management underpins the opportunity to invest such huge sums of money to build the infrastructure so sorely needed by the community.

This need is particularly evident after a decade of underinvestment in infrastructure by the previous state government. The infrastructure program of the state coalition government is evident, with new hospitals, new prisons, grade separations and numerous other projects under construction throughout the state.

The conduct was not inadvertent or transient … It was not resiled from despite the fact that the state was on notice as to its potential unlawfulness; despite the pressure that the conduct was exerting on others (Lend Lease, its employees, the proponents for the efficient and timely redevelopment of the —

The report notes on page 2 that: project —

Victoria is now the only jurisdiction in Australia forecasting a budget surplus in every year over the forward estimates period.

… and despite the state being offered a range of alternative courses by Lend Lease.

…

Furthermore, the conduct was endorsed, if not directed, by the highest levels of government.

This disciplined economic management and resultant strong financial position has in turn resulted in Victoria being the only state in Australia holding a AAA credit rating with a stable outlook from both major international credit agencies.

It is clear that it was only after sustained pressure by the community and me — we demanded that the Napthine government build the best hospital option on the table

In the midst of what have been some very challenging economic times and given the previous extraordinarily unstable and financially incompetent federal Labor


Thursday, 17 October 2013 ASSEMBLY government, this is an outstanding result. Again, I congratulate the Premier and all the financial ministers on their diligence — —

3481 support the Zip It campaign. Zip It is a national mental health initiative that invites people across the nation to donate their voices for World Mental Health Day in order to turn up the volume on mental health issues.

The SPEAKER — Time!

Mr

Ambulance

NARDELLA services

(Melton) — Today I call on the

Premier to immediately sack the Minister for Health, the Honourable David Davis, and replace him with a person who has an understanding of health issues and a modicum of compassion, so as to immediately stop a repeat of the countless deaths under the minister’s stewardship. My constituents and I are sick and tired of having to attend needless, sad and soul-destroying funerals due to the minister’s failures.

In its first year Zip It raised close to $60 000 for four major charities, including headspace, which has a facility in Elsternwick in my electorate. I am very pleased to have raised over $1600 for headspace to support its vital work with young people. Silence should never be an option when suffering from mental health issues, and those people who do suffer from mental health issues — statistics show this is almost half the population — should never be afraid to seek help. I have a new appreciation of the power of speech as a result of the Zip It campaign and standing up for those people who cannot stand up for themselves.

On 8 October 2012 Liliana Mizzi suffered a stroke, and the ambulance that was called never arrived. Liliana was driven to hospital but passed away. She was Joanne

Vella’s mother, and her death was a result of this minister’s incompetence. I then attended the sad, tragic and unnecessary funeral of 18-year-old Brodie Wilson, who had his whole life ahead of him. On 29 June he waited 27 minutes for an ambulance to arrive. The ambulance had to travel all the way from Sunbury to

Melton, another tragic failure on the part of this minister. On 8 October the tragic, sad and terrible death of 23-year-old Matthew Gibbs occurred at the Melton

Indoor Recreation Centre. Matthew had a cardiac arrest and waited 16 minutes for an ambulance from Caroline

Springs, leaving another family grieving due to the incompetence of this uncaring minister.

King David School

Mr SOUTHWICK — Last week it was my pleasure to join the Premier for King David School’s business breakfast, at which he delivered a fantastic and thoughtful address. It is great that money has been raised for scholarships not only for students who excel but also for those from disadvantaged backgrounds.

King David School is determined through its philanthropy to ensure that young people across

Melbourne who wish to have a Jewish education are able to do so. I commend the leadership of the school’s principal, Michelle Bernshaw, and the school president,

Mark Harrison, for the great work they do within the school.

Glen Eira Stonnington District Scouts

These families will grieve for the rest of their lives.

Lives have been cut short because money has been cut from health — from hospitals, doctors, nurses and paramedics. We only have to listen to 3AW’s recording of the heartbreaking and emotional call made by

Mr Steve Gibbs, Matthew’s father. What if it were your son or grandson? Is Australia a Third World country?

Why are people being treated as expendable by this government and by this minister? The minister must be sacked now and replaced by somebody who cares and who has the power and authority to fix this tragic mess before more hearts are broken, more people are devastated and more families are torn apart in these totally avoidable situations.

Mr SOUTHWICK — Together with the member for Bentleigh, I had the pleasure of attending the Glen

Eira Stonnington District Scouts awards and congratulate the new district commissioner, Chris

Anderson, and the outgoing commissioner, Frank

Moore, who has done a terrific amount of work during his years as commissioner. I also congratulate the group office-bearer of Glen Eira Stonnington District Scouts,

Jennifer Bush, who received an award.

Dr Mark Hobart

Zip It

Mr SOUTHWICK (Caulfield) — Last week I attempted a challenge that many of us in this place would arguably find a struggle: I gave up my voice and did not speak for an entire day. I did not speak to

Ms CAMPBELL (Pascoe Vale) — Dr Mark Hobart descends from a long line of humble heroes who have lived through persecution and fought for freedom from tyranny. Today in Victoria he is facing the same persecution and tyranny his grandparents fought so hard against.


3482 ASSEMBLY

Mark’s great-grandfather, a Russian Orthodox priest, disappeared during the Russian Revolution. His greatgrandmother was the only one to escape, with little but an icon dated 1881, now kept by Mark. Mark’s maternal grandfather was second in command of Polish air intelligence, spying on the German Luftwaffe. The

British helped him flee from Poland with his wife and children, Dr Hobart’s mother and her brother, just before war broke out. They escaped to England when

Dr Hobart’s mother was just 16 years old. She completed her medical training at the Polish School of

Medicine at the University of Edinburgh. Her brother,

Dr Hobart’s uncle, was a member of the bomber command and flew the maximum number of allowable flights over Nazi Germany. Dr Hobart’s father did his medical training in Australia. He and his brothers joined the Allied forces in World War II, undertaking campaigns for freedom in the Middle East and Papua

New Guinea, and their father had fought in World

War I.

Whilst Dr Hobart’s maternal and paternal grandparents fought for freedom and escaped persecution, he now finds that section 8 of Victoria’s Abortion Law Reform

Act 2008 denies doctors the right to exercise their conscience and, as he says, ‘is trying to put me in the same position as Nazi prison guards who were told to kill the Jews’. The tyranny of the Victorian abortion laws denies Victorian doctors the right to conscientiously object — —



Thursday, 17 October 2013 community is that the air ambulance can now use the widened runway for night-time landing.

This is a great outcome for the Cohuna and district community and a great example of what can be achieved when local and state governments work together. It is also important to mention the hard work and determination of the many concerned local residents who lobbied for what is an important piece of community infrastructure. As the local member I am pleased to be part of a government that has delivered for the rural community.

Violet Purser

Ms NEVILLE (Bellarine) — It is with great sadness that I join with many from Ocean Grove and across the Bellarine Peninsula in mourning the recent death of Violet Elizabeth Purser. Vi came to Australia in 1983. She had been an active member of the Labour

Party in the UK, and one of the first things she did when she arrived in Ocean Grove was to join the local

Australian Labor Party branch. From the very beginning she was a committed member who could always be relied upon to be involved and help out. As the local MP, I enjoyed working with her over many years. She was always supportive, interested and helpful, but she was also keen to give me her views and discuss issues, particularly those that were of concern in the community. Vi was always an enthusiastic and tireless worker at state and federal elections. On election day in September this year she handed out how-to-vote cards for 5 hours and then packed up the booth. Not a bad effort for an 83-year-old.

Cohuna Aerodrome

Mr WELLER (Rodney) — Last year we in the

Rodney electorate fought hard for an upgrade to the

Cohuna Aerodrome. The result was a successful funding application by the Gannawarra Shire Council through the coalition’s Regional Aviation Fund for phase 1 of the Cohuna Aerodrome upgrade project that now ensures night-time medical flights are available to people in the local community. This was a pleasing result for the many concerned residents and local medical staff who had lobbied for the upgrade.

It is also pleasing to report that at the end of last month the Gannawarra Shire Council received the Non-

Certified Aerodrome of the Year award at the 2013

Australian Airports Association’s National Airport

Industry Awards. The Gannawarra Shire Council has acknowledged the coalition’s support for the key works, which include the widening of the runway, improvements to drainage, line marking and pilotactivated lighting. The key and immediate benefit to the

Vi was the proud matriarch of her and husband Bert’s large extended family. She was a great cook, and her

Wednesday dinners for family, friends and neighbours were legendary. Along with many others I have been the delighted recipient of her famous jams and marmalades. Vi was a seasoned traveller, visiting

Europe and Asia with Bert and her son and daughter.

As well as being involved with the Labor Party, Vi was an active participant in the local community. She volunteered three times a week at the local Salvation

Army opportunity shop, did tai chi and water aerobics and was a member of Probus. I offer my sincere condolences to Vi’s children, Gill and Mark, her

9 grandchildren and her 12 great-grandchildren. She will be sadly missed, not only by her family and friends but by many across the community and those involved in the local Labor Party.



Mount School

Mrs FYFFE (Evelyn) — I was delighted to attend the opening of the new early learning centre at Mount

Evelyn Special Developmental School. It is a beautiful building that has been designed and equipped totally for the benefit of the children. Thanks to the significant and generous support from the Birmingham and Mount

Evelyn primary school principals, the Mount Evelyn

Special Developmental School was able to not only maximise the building but also improve bus pick-up and drop-off areas and include another open area. I commend Birmingham principal Trish Enzinger and

Mount Evelyn principal Phil Comport on their generosity. I also commend the principal, Helen

Johnston, and all the staff at Mount Evelyn Special

Developmental School.

Mrs FYFFE — It was my pleasure to once again attend and hold a stall at the Wandin Silvan Field Days on 11 and 12 October. The field days are an annual event on the Yarra Valley calendar and this year celebrated their 44th year. People come from far and wide to the field days at Wandin East Reserve to look at the exhibits, peruse the variety of farm machinery or inspect the Country Fire Authority trucks at their shiny best. It was terrific to see so many family groups attending. The snake pit was a huge attraction. Well done to the president, Darren Sibley, the secretary, Nan

Cleven, and all involved in the success of the field days.

Yarra

Mrs

Evelyn

Wandin

Valley

FYFFE

Special Developmental

Silvan Field emergency

Days services funding

— Congratulations to the Lilydale

Country Fire Authority (CFA) group on receiving grants under the Victorian emergency services

CFA group officer Andrew Webber to announce the funding of these terrific organisations on Tuesday,

8 October. Thanks to this Napthine government initiative, Lilydale SES will be able to install a proper mains electricity supply to its depot.

ASSEMBLY

State Emergency Service (SES) unit and Yarra Valley equipment program. I was pleased to join with Lilydale

SES deputy controller Sean Caulfield and Yarra Valley forum recently, which gave us an opportunity to engage directly with key stakeholders in our volunteering sector. More than 50 people from the sector attended, which was fantastic. I would like to especially thank

Sue Noble, CEO of Volunteering Victoria, for making the forum a success. It was very well received, and there was some very positive feedback. Attendees appreciated the opportunity to contribute to Labor’s thinking about the volunteering sector. I thank all those who were able to attend this important forum.

Mr

Sport

Geelong

Melbourne

Australia

Football

Hall

Victory of

Club

Fame awards

3483

Recreation I have also been fortunate enough to attend some very important sporting events. One was the

Geelong Football Club’s Carji Greeves night at Crown

Casino. My congratulations go to Joel Selwood for another well-deserved best-and-fairest win.

Congratulations to all at the club on another wonderful year.

Mr

EREN

EREN attendance.

— As the shadow Minister for Sport and

— Melbourne Victory hosted a fantastic event, the Victory in Business season launch, which was also held at Crown Palladium, with 1000 people in

Mr EREN — Another fantastic sporting event was the Sport Australia Hall of Fame 29th annual induction and awards gala dinner. This was a great opportunity to recognise many superstars of the sporting world, and I congratulate the following people who have been inducted into the Sport Australia Hall of Fame: Clint

Robinson, OAM, for canoeing and surf lifesaving; Ron

Coote, AM, for Rugby League; Graeme Lloyd, for baseball; Stan ‘The Man’ Longinidis, for kickboxing;

Victor Kovalenko, OAM, for sailing coaching; Albert

‘Ted’ Harris, AC, for sports administration; and Alyson

Annan, OAM, for women’s hockey.



Volunteers

Mitcham electorate Victoria Awards

Mr EREN (Lara) — The last few weeks have been very busy for me as the shadow Minister for Sport and

Recreation and the shadow minister for volunteers, and

I am honoured to have been able to attend many spectacular events. As a Labor opposition we are very proud of our support for Victoria’s amazing volunteer sector. As such we hosted the fantastic Labor Cares

Ms RYALL (Mitcham) — Last Thursday I presented Elwynne Kift, a tireless advocate in our

Mitcham electorate community, with a Victoria Award.

Elwynne has had a very long association with the

Heatherdale Community Action Group and dedicates much of her time to looking after her local community.

I congratulate Elwynne on her dedication and


3484 ASSEMBLY commitment, as it is people like Elwynne who add so much to the fabric of our society.

I congratulate Peter Turnley, affectionately known as

Turk. I awarded Peter the Victoria Award for his tireless and ongoing support for Blackburn Sporting

Club. Among his varied service to the club over many years, Peter is also the master chef for the Blackburn football and cricket clubs, providing restaurant-style meals for special events as well as making sure that players have a good meal on training nights. Peter is one of our unsung heroes, going about his volunteerism in a quiet, determined and organised way. He mentors and encourages young players, and I publicly acknowledge his dedication to the sporting club and overall to sport in our local community.

Congratulations to Kevin Prendergast. I awarded Kevin a Victoria Award for his tireless voluntary service to

Blackburn Football Club. For years Kevin has served the club in many different capacities, and he does not rest until the work is done. It does not matter what the task; Kevin sees what needs to be done and gets it done.

It is people like Kevin who make the wheels go round in our community, and I thank Kevin for his amazing effort.

Frankston

Mr SHAW — I thank Frankston Radio Cabs for its full support in the past, including in the last couple of days. Frankston Radio Cabs is the no. 1 taxi service in

Victoria, and I am pleased I was able to discuss and negotiate with the company and the Minister for Public

Transport to receive a favourable, workable outcome for Frankston Radio Cabs, allowing it to maintain its no. 1 spot. It has the Victoria’s highest percentage of disabled taxis in its fleet, and it is important that this service continue.

National Police

Radio


Cabs

Remembrance Day

Mr SHAW — At the beginning of October a

National Police Remembrance Day service was held at

Frankston RSL — what a great place! It was my pleasure to be asked to speak for the second year in a row about what the police mean to this safe country of

Australia and to the state of Victoria. Frankston has been a benefactor of increased investment in policing and since I have been the local member has had the largest allocation of police in the state. Increased foot patrols, targeted policing on the streets, including mounted police — —

Electoral boundaries redivision

The SPEAKER — Order! The member’s time has expired.

Mr SHAW (Frankston) — It is great to see the

Pines come into the Frankston electorate. It is about time. Frankston North should never have been part of the Cranbourne electorate. What the heck! Go into

Cranbourne? No way. The Pines have always been part of Frankston, and I am glad they are now officially there. Well done to the electoral redistribution people for showing some sense and including the Pines in the

Frankston electorate. It is where I play footy as well.

Derinya Primary School

Australian Tidy

Racquel

Towns

Watt

Awards

Mr McCURDY (Murray Valley) — Wangaratta was named the Tidy Town of the Year at the 31st Keep

Australia Beautiful awards on the weekend.

Congratulations go to all involved, particularly the members of the Wangaratta Community Pride

Committee and a large number of volunteer groups who have worked very diligently. Wangaratta

Community Pride Committee chairperson Marg Pullen, a tireless worker, accepted the award on the evening.

Wangaratta will now go on to the national awards as the Victorian representative.

Mr SHAW — After months of planning and gathering support Derinya Primary School last week opened its new land, purchased as a result of the advocacy since 2001 of parents and the school committee — and later by me. Land was purchased earlier this year, a house was removed and the land was cleared for children to play. The primary school is the largest in Frankston, and now the school does not have to have split playtimes just so the children can play outside. The land will be used for playing games, cubby building and vegetable gardens. Congratulations to the school and principal Jenny Roth on their strong commitment to the children and the school community.

Mr McCURDY — Derryn Hinch, the human headline, was in Cobram last weekend to get behind local resident Racquel Watt, who is battling with hepatitis A and a liver transplant. Hinch met Racquel a couple of years ago while he was being treated for liver cancer and wanted to help her, as she also faces a difficult road. It was terrific to see our community get behind Racquel and her family, and that support shows what living in regional Victoria is all about. We appreciate Derryn Hinch’s support.



Numurkah Seniors Community Hub

Mr McCURDY — It was a pleasure to join the

Deputy Premier for the official opening of Numurkah

Seniors Community Hub recently. The community raised more than $50 000 for the project, which is an absolute credit to everyone involved. Well done to project chairman, Ian Price, Gillian Brown and all those who supported this project.

ASSEMBLY 3485 population and entrenched social disadvantage exacerbated by systemic neglect. Households in

Broadmeadows are struggling. They do not deserve to be continually dudded by this government.

The Hume city region currently ranks as the eighth worst performing region in the country with respect to mortgage arrears, which is one spot up from its previous ranking of ninth this time last year. Postcode

3047 did not feature in earlier reports — —

Yarrawonga Mulwala Multisport Festival

The DEPUTY SPEAKER — Order! The member’s time has expired. Mr McCURDY — Good luck to all participants in this weekend’s Yarrawonga Mulwala Multisport

Festival. The event has been awarded status as a national Olympic distance qualifying race, and elite triathletes from across Australia will be competing. The festival will include a dedicated sports village and regional showcase and is a great opportunity for

Yarrawonga and surrounds.

Wilby Country Fire Authority brigade

Mr McCURDY — I had great delight handing over the keys to a medium size tanker to Country Fire

Authority volunteers in Wilby on Saturday.

Captain Craig Prescott has been instrumental in getting this vehicle.

Hawthorn-Monash

Reverend

University

Dianne

Cricket

Sharrock

Club

Mr GIDLEY (Mount Waverley) — On

Wednesday, 2 October, I attended the 2013 season launch of the Hawthorn-Monash University Cricket

Club. Over the last few years the organisation has taken tremendous steps to turn the club around both on and off the field. The season launch illustrated that the club has continued to work hard throughout the year. I acknowledge the work of all involved in the club, particularly its president, Petar Ivetic, and the committee, and wish the club well for the year ahead.

Broadmeadows central activities district

Mr McGUIRE (Broadmeadows) — The Victorian government must commit to reinvesting in education, innovation and infrastructure in order to break the cycle of entrenched and ongoing disadvantage in some postcodes within the world’s most livable city.

Following Ford’s decision to cease local production, I call on the government to reinvest in Broadmeadows by recommitting to the central activities district (CAD) and abandoning its reverse Robin Hood strategy of taking funds from the poorest communities and redistributing them to the more prosperous. This strategy has cost

Broadmeadows $75 million in the past two budgets, plus another $10 million which was wasted making the

CAD shovel-ready.

Mr GIDLEY — It was a pleasure to attend the induction of the new vicar, Reverend Dianne Sharrock, of the Anglican parish of St Stephen and St Mary at

Mount Waverley on Thursday, 10 October. Cr Rebecca

Patterson was also in attendance. The night provided an opportunity to enjoy a light supper with parishioners and discuss the very valuable contribution our local churches make to the lives of many people both inside and outside parish congregations. I wish Reverend

Sharrock well in her new role and thank the parish for the opportunity to attend.

Mount Waverley Cricket Club

The latest indicator of the need for a coordinated strategy is that postcode 3047, covering the suburbs of

Broadmeadows, Dallas and Jacana, is currently the fifth worst performing postcode in the country when it comes to mortgage delinquency. This is inextricably linked to disadvantage. Low-income households are more vulnerable to changes in the economy that affect jobs and the cost of household expenses.

Broadmeadows has a lower household median income than the rest of Melbourne, coupled with a young

Mr GIDLEY — In recent times Mount Waverley

Cricket Club has undertaken major renewal both on and off the field. With upgrades to facilities and growing and developing seniors and juniors lists, the club is well placed to have a substantial impact in sub-district cricket. However, the dramatic improvement in facilities and club participation has only come about through the hard work of the club committee, members, volunteers and supporters. I acknowledge their efforts in achieving this renewal, in particular club president

Brad Sheehan, and wish the club well for the season ahead.


3486

Waverley

Mr GIDLEY — I was fortunate to attend Waverley

Historical Society’s 43rd birthday celebrations on

Sunday, 6 October. Understanding our history is crucial in allowing us to successfully navigate our future. I thank the Waverley Historical Society for assisting in preserving and communicating our history for future generations.

National

Historical

Breast Cancer

Society

Foundation

Mr MADDEN (Essendon) — I would like to congratulate everybody involved in this morning’s

National Breast Cancer Foundation fundraising breakfast held at Flemington Racecourse. An official welcome was provided by Alan Murphy and Catriona

Rowntree. The breakfast was supported by the City of

Moonee Valley and the Moonee Valley community bank. I would like to congratulate Alan Murphy for the outstanding job he has done over many years in assisting in the hosting of the event. I would also like to mention Debra Charman, who has been dedicated to organising this fundraising event for the National

Breast Cancer Foundation.

ASSEMBLY Thursday, 17 October 2013 for Burwood, Bob Stensholt — to downgrade the

Ashburton police station to a single, part-time police officer. I have been working with the Victoria Police and the Minister for Police and Emergency Services to rectify this situation. This is why it was so pleasing to have the minister recently tour the Ashburton police station to welcome Victoria Police’s announcement of new police officers and extended operating hours at the station. The Ashburton police station will be reinstated to operating seven days a week, 9.00 a.m. to 5.00 p.m., and will have a dedicated evening shift patrol vehicle and additional full-time police. This announcement follows the recent $500 000 upgrade of the station, which was to accommodate extended operations and which fulfilled part of the commitment I made to the people of Burwood on law and order.

The Napthine government has made an unprecedented investment in law and order, including the commitment of 1700 new police officers across the state. This has enabled me to fulfil my commitment to secure and bolster the operation of Ashburton police station, thereby increasing the police presence in Burwood.

This is an outstanding result for Burwood residents.

While Dan dithers Denis delivers!


Member for Monbulk

Mr MADDEN — On Sunday, 6 October, the

Kensington Association, the Flemington Association and the Friends of Moonee Ponds Creek held an information session and community walk along

Moonee Ponds Creek between Ross Straw Field and

Bent Street, Kensington, to highlight their concern about the impact the east–west link and the various overpasses will have on the community and surrounding environment. The walk was well attended by many residents, who highlighted their concerns about the impact of such a development.

Mr WATT — I would also like to comment on what I was shocked to see this week. The Labor Party has stooped to a new low. I think some of the behaviour that I saw and comments that I heard were disgraceful, specifically from the member for Monbulk. The member should hang his head in shame. I hope the member for Monbulk never has to put up with some of the stuff that other members have had to put up with this week, particularly — —


Yvonne Kernan


Mr MADDEN — I congratulate the Moonee Valley

City Council on awarding the Moonee Valley Citizen of the Year award to Yvonne Kernan for the work she has done with the Ascot Vale Residents Association

Group and her work with many other community organisations. I congratulate all the nominees and thank the Moonee Valley City Council for organising such an outstanding event.

Ashburton police station

Mr WATT (Burwood) — As a resident of

Ashburton I have been concerned for some time about the decision made during the time of the previous government — and allowed by the previous member

Ms KANIS (Melbourne) — On Sunday, 6 October,

I attended a community walk along Moonee Ponds

Creek organised by the Friends of Moonee Ponds

Creek, the Kensington Association and the Flemington

Association. The walk provided participants with a clear insight into the impact the Napthine government’s tunnel and elevated road will have on the creek and environs. Over 100 participants saw the playground in the Flemington housing estate that will be covered, the parts of Royal Park that will no longer exist, and the creek — and the ducks and bird life on it — that will be destroyed, and we saw how close the elevated road will come to homes. Perhaps what was most graphically


Thursday, 17 October 2013 ASSEMBLY illustrated on the walk was how the description of the project as a tunnel is so very misleading. There will be huge parts of the project that will be above ground, and it will have an impact on a very large, unique and special part of Melbourne. I would like to thank the organisers and the informed and patient volunteers for showing the community the impact of the Napthine government’s east–west link project.

Chinese

Ms KANIS — On Saturday, 21 September, I attended the opening of the Characters from Dream of the Red Chamber exhibition at the Chinese Museum in

Melbourne. Grand master of Chinese painting

Mr Liang Yonghe is a very accomplished and awarded artist. Mr Yonghe practises an artistic style of inking and image composition that mixes traditional and contemporary influences. In addition to congratulating and praising the artist, I would like to congratulate the exhibition curator, Vivian Guo; the Chinese Museum

CEO, Marcus Schutenko, and staff; the chairman of the trust, Bill Au; and trust members on bringing such a wonderful collection to Melbourne for us to enjoy.

Latrobe

Museum

Regional exhibition

Hospital

Mr NORTHE (Morwell) — On 5 October I had the pleasure of attending the black and white gala ball at

Latrobe Regional Hospital (LRH). The purpose of the evening was to assist in raising funds to purchase vital new medical equipment for the allied health team at

LRH. The coalition government is pleased to be supporting the expansion of the allied health department, which will result in additional space and increased services to local patients undergoing treatment for complex medical conditions and receiving rehabilitation following traumatic incidents. In turn, this will assist our health workers, including occupational therapists, speech pathologists, physiotherapists, social workers and dietitians, in delivering critical services locally. service and dedication of many local SES volunteers and staff. Thomas Steadman was presented with a

20 years service award, whilst Michelle Williams,

Jordan Lanigan, Heather Hadgkiss, and Geoff Crisp — all from Morwell SES — received national emergency medals, along with Robert Hair from East Regional

Support. The national emergency medals were awarded in recognition of contributions made on behalf of our local community during the horrific 2009 Black

Saturday bushfires, and we again pay tribute to all our emergency service personnel and volunteers who assisted during this traumatic time.

Ms DUNCAN

GisBus

It carries an average of between 12 and 15 passengers, and even the return service carries between 4 and 8 passengers when going against the peak. It appears to me as though the service is pretty well patronised.

3487

The minister stated in the adjournment debate that the service will continue. At present the current operators are tendering for this service, and it would appear that the tender document outlines a watered down version of the current service. I remain confident that the Minister for Public Transport will continue to support GisBus, because he said:

(Macedon) — Members will recall that I have raised and sung the praises of transport initiative GisBus several times in this chamber. GisBus is a demand-responsive service that functions like a cross between a normal bus service and a taxi and connects commuters to peak V/Line trains on Monday to Friday. It has serviced the Gisborne and

Bullengarook community for some years now. This service began as a trial and was continued under the current government. The Minister for Public Transport has also been fulsome in his praise of the service.

Following a review he stated that it was good value for money and that patronage has grown continually. He also said:

The member for Macedon can be sure that the service will continue, and we will look at whether or not we can extend it into the future.

A big congratulations must go to Grant Johnstone and his team at TRFM and Gold 1242 for their organising and hosting of this important event. Without their support the event would not have proceeded, and to them, along with the many local businesses and sponsors who contributed to this event, we say well done on raising in excess of $80 000 for a great cause.

State Emergency Service east region awards

Mr NORTHE — I was also pleased to recently attend the Victoria State Emergency Service (SES) east region annual awards ceremony, which recognised the

I understand any extension of the service requires additional funding, but, as the minister said following the review, that service is proving popular. It is a very popular service and I trust that the minister will ensure that this valuable service to the Gisborne and

Bullengarook communities will continue. The current operators do a fantastic job and provide a service that is above and beyond the normal service. The drivers are members of the local community, including members of the Country Fire Authority. It is a terrific service. It


3488 ASSEMBLY is one that we would love to see rolled out across other parts of the state.

Ms McLEISH

Drug initiatives

(Seymour) — Everyone in this chamber is aware of the increased prevalence in our communities of the drug known as ice. It is in all areas of our community, not just in the city but also in regional and rural areas. I want to congratulate the

Minister for Police and Emergency Services and the police force for the work they are doing to interrupt the supply of ice through legislative change on precursor chemicals and also the proactive detection and dismantling of clandestine labs. This is extremely important for my area. Recently there was a drug raid and successful ice bust in the town of Alexandra. The investigation, named Operation Downey, was successful in looking at the trafficking of ice in the area, and a couple of arrests were made.

Everyone is aware of the way that ice impacts on young people in particular, and I am proud that our government, through the Minister for Mental Health, has recently introduced a range of initiatives to address the harmful impact of Victoria’s illicit drugs. Through this package the coalition government is investing more than $1.1 million in prevention, education and treatment initiatives targeting key groups in the

Victorian community. I think this is a wonderful initiative, and I praise the Minister for Police and

Emergency Services and the Minister for Mental Health for their work.


Clause 3 expands the list of offences for which DNA samples may be taken from suspects to cover all indictable offences, and clarifies destruction provisions in regard to DNA material and related information. Clauses 9 and 10 expand the list of offences for which police may apply to take a forensic sample from a person — following a conviction or finding of not guilty because of mental impairment — to include all indictable offences. Clause 11 of the bill changes the default position to retention of forensic samples (and any related material and information) taken from adult suspects who are subsequently convicted of a relevant offence or found not guilty because of mental impairment.

Charter act right that is relevant to the bill — the right to privacy

Section 13 of the charter act provides that all persons have the right not to have their privacy unlawfully or arbitrarily interfered with. Clauses 3, 9, 10 and 11 are relevant to the right to privacy.

A person’s privacy is affected when Victoria Police gains access to, or is entitled to retain, that person’s genetic information. However, any interference with privacy created by clauses 3, 9, 10 and 11 serves a legitimate purpose in assisting the investigation and prosecution of crimes and is subject to appropriate safeguards. Accordingly, any interference is lawful and not arbitrary, and does not infringe section 13 of the charter act.

Victoria Police’s ability to take and retain forensic samples is a powerful tool in the investigation and prosecution of serious criminal offences. The power to take and retain forensic samples is constrained and is subject to appropriate safeguards.

The range of offences for which samples may be taken from a suspect will be expanded to all indictable offences. However, the Crimes Act carefully defines the circumstances in which

Victoria Police may take DNA samples from a suspect, namely, where this is relevant to an investigation and where:

CRIMES AMENDMENT (INVESTIGATION

POWERS) BILL 2013 the suspect provides informed consent to the sample

(s 464S); or

Statement of compatibility in the case of a non-intimate sample, a senior police officer has authorised the taking of the sample

(s 464SA); or

Mr CLARK (Attorney-General) tabled following statement in accordance with Charter of Human

Rights and Responsibilities Act 2006: in the case of an intimate sample, a court has made an order authorising the taking of the sample (s 464T).

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the ‘charter act’), I make this statement of compatibility with respect to the Crimes

Amendment (Investigation Powers) Bill 2013.

Separate to the power to take a DNA sample from a suspect,

Victoria Police’s ability to take DNA from a person convicted of an offence will continue to require a court order. All samples must be taken in accordance with the procedures stipulated in section 464Z.

In my opinion, the bill as introduced to the Legislative

Assembly is compatible with human rights as set out in the charter act. I base my opinion on the reasons outlined in this statement.


The main purpose of the bill is to enhance provisions in the

Crimes Act 1958 relating to DNA material in the investigation of serious criminal offences.

Clause 11 of the bill amends the default position in relation to the retention of forensic samples (and any related material and information) taken from adult suspects who are subsequently convicted of a relevant offence, or found not guilty of such an offence because of mental impairment. Victoria Police was previously required to apply for a court order to retain that material. Courts regularly grant such applications. To recognise this fact and reduce the administrative burden on police and the courts, the bill provides for the automatic retention of these samples and related information. This


Thursday, 17 October 2013 approach is consistent with that of other Australian jurisdictions.

These provisions will only apply to adult offenders. As is currently the case, Victoria Police will be required to seek a court order in order to retain a sample and related information of children. This recognises the vulnerability of children, particularly in the context of the legal system.

ASSEMBLY

Mr CLARK

Introduction

Second reading

(Attorney-General) — I move:


Clause 3 further clarifies what forensic material and information must be destroyed, when destruction is required under the Crimes Act. The new provision requires: the physical destruction of the DNA sample taken from a person, the removal of the DNA profile derived from the sample from any DNA database on which matching occurs, and the physical destruction of the DNA profile in any material form.

3489

Clear and efficient criminal investigation powers and procedures are essential for effective law enforcement.

This bill strengthens two key aspects of criminal investigation powers. First, it gives police greater clarity and scope to collect and use DNA evidence and simplifies destruction procedures. Second, the bill streamlines the process for questioning people in custody who are suspected of another unrelated offence.

In addition, there are existing offences in the Crimes Act relating to the misuse of DNA material and information which are intended to prevent inappropriate use of a person’s genetic information.

The European Court of Human Rights held in the case of

S and Marper v. United Kingdom (applications 30562/04 and

30566/04 ECHR, 4 December 2008) that aspects of the

United Kingdom regime for retention of DNA samples and

DNA profiles infringed the right to private life in article 8 of the European Convention on Human Rights. In considering the regime, the court noted it was an ‘indiscriminate and open-ended retention regime’. The Victorian regime, as amended by this bill, does not have many of the features of the United Kingdom regime about which the court expressed concern in S and Marper .

The collection and analysis of DNA evidence is a vital investigative tool in modern policing. As the use of

DNA technology advances, the law must also advance to ensure that the intersection between science and criminal investigation is regulated effectively. It is important to achieve the right balance between law enforcement agencies’ interest in identifying offenders and the expectations of innocent individuals that their genetic information will not be unjustifiably retained by law enforcement authorities. Consequently the law must both facilitate effective use of DNA evidence by law enforcement authorities and provide appropriate safeguards to the collection, use and retention of DNA samples and related information.

In the UK at the time of that case, a sample could be taken from a suspect in relation to minor and non-imprisonable offences. Under this bill, in Victoria forensic samples will only be taken from a suspect where the person is suspected of having committed an indictable offence and other criteria are met. In the UK forensic samples could be taken from a child and retained indefinitely. In Victoria, a court order is and will continue to be necessary to retain samples from a child.

This bill: expands police powers to collect DNA samples from suspects and offenders; clarifies the destruction regime for DNA samples and profiles;

In the UK, DNA was retained whether or not the person was convicted. In Victoria, automatic retention of forensic samples will only occur where an adult is found guilty, or not guilty by reason of mental impairment, of the offence in respect of which the forensic procedure was conducted, or any other offence arising out of the same circumstances, or any other offence in respect of which evidence obtained as a result of the forensic procedure has probative value. simplifies the ability of police to retain samples provided by suspects who are subsequently convicted; regulates the use of DNA samples voluntarily provided by police and scientists for the purposes of crime scene elimination; and

In the UK there was very limited scope to have DNA samples and related information destroyed even if the person was acquitted. In Victoria if a person is acquitted the samples and information must be destroyed without delay. streamlines the process for questioning people in custody.

Robert Clark, MP

Attorney-General

Expansion of police powers to collect DNA samples

The Crimes Act 1958 regulates the collection and use of DNA samples for the purpose of criminal investigation. Under the act as it currently stands, DNA samples may only be collected from suspects and

3490 ASSEMBLY offenders who are suspected or convicted of committing an offence specified in the act. The list of offences specified for offenders is more extensive than that for suspects. Over time, each list has been amended and extended. The resulting lists are complex and difficult to apply in practice. and will streamline the management of DNA evidence in the criminal justice system.

Retention of a suspect’s DNA

Thursday, 17 October 2013 sample

To reduce this complexity and to ensure that all offences of commensurate seriousness are included, clauses 3, 9 and 10 of this bill expand the range of offences for which a DNA sample may be taken from a suspect or offender to include all indictable offences.

The Crimes Act permits some DNA samples and associated information to be retained indefinitely. This includes samples taken from suspects who are found guilty and suspects who are found not guilty because of mental impairment. Police must apply for a court order to retain such samples.

This amendment will expand the number of offences for which police may seek a DNA sample from a suspect or offender. However, it does not mean that a sample will be sought in relation to all indictable offences. Rather, the police will determine whether a sample should be sought in any particular case.

Destruction regime

This court process adds an unnecessary step to the retention of suspect samples. To streamline the retention process, clauses 11 and 12 of the bill provide for the automatic retention of these samples and related information where a person is convicted or found not guilty because of mental impairment. This amendment will ensure that all suspect samples and profiles are retained upon conviction or a finding of not guilty because of mental impairment of a relevant offence.

This approach is consistent with that of other Australian jurisdictions.

The Crimes Act also regulates the destruction of DNA samples and related information obtained pursuant to the act. The current provisions regulating destruction are unclear as to what material and related information must be destroyed. Compliance with these provisions imposes a significant administrative burden on police.

The amendments providing for automatic retention of suspect samples will not apply to children. The existing process requiring a court order for retention will continue to apply in those cases.

The purpose of the destruction provisions is to ensure that a DNA sample obtained from an individual under the act, and any information derived from it, cannot be used to identify that individual if the Chief

Commissioner of Police is no longer authorised to retain it. Clause 3 of the bill inserts a new definition of

‘destruction’ to achieve this objective in a clear and practicable way.

Under the new definition, the act will require the physical destruction of the DNA sample itself, the removal of the DNA profile derived from the sample from any DNA database on which matching occurs, and the destruction of any DNA sample in any form whereby it can readily be recombined with the name of the person who supplied the sample, unless the DNA sample is held on an electronic system used for forensic analysis by VPFSC.


The amended destruction requirements will be supported by a number of existing offences in the

Crimes Act that prohibit the use and dissemination of samples and any related information that should have been destroyed under the act.

The new destruction provisions will clarify and simplify the destruction process. These amendments will significantly reduce the resource burden on police,

Elimination samples

Elimination of DNA from people who are not suspects is an important part of evidential analysis. Where evidence is collected from a crime scene and analysed in a forensic laboratory, it may inadvertently be contaminated with DNA from investigators, forensic analysts and visitors to the laboratory. The use of DNA evidence in criminal investigations is more efficient if all DNA that is not from a suspect is detected during analysis and eliminated as early as possible.

To facilitate the elimination process, Victoria Police’s forensic services currently collect DNA samples from police investigators, laboratory employees and visitors on a voluntary basis. Clause 15 of this bill regulates the existing voluntary system. It provides that a member of police, an employee of the Victorian Institute of

Forensic Medicine and relevant visitors may voluntarily provide a DNA sample for the purpose of elimination.

This bill prohibits these voluntary DNA samples from being used under any act or process and restricts their use to elimination from a crime scene.

The bill also regulates the storage, use and destruction of elimination samples to further protect against inappropriate use and retention. In particular, a

WORKPLACE INJURY REHABILITATION AND COMPENSATION BILL 2013

Thursday, 17 October 2013 volunteer may request that their DNA profile be destroyed at any time.

ASSEMBLY

Conclusion

The bill makes it an offence for a person to knowingly use or disseminate the sample provided under these provisions and any information derived from it, including a DNA profile. It will also be an offence to fail to destroy, or to use or disseminate information derived from a voluntary sample that is required to be destroyed.


3491

This bill enhances and streamlines criminal investigation powers in Victoria. It gives police better tools so they can better combat crime. This will enable police to solve more crimes more quickly and thereby help keep Victorians safer.

This new scheme assures volunteers that their personal

DNA information will be dealt with appropriately and destroyed in a timely manner.

Debate adjourned on motion of Mr SCOTT

(Preston).

Debate adjourned until Thursday, 31 October.

WORKPLACE INJURY REHABILITATION

AND COMPENSATION BILL 2013

Questioning of suspects held for another offence

The final key reform in the bill concerns the questioning of suspects who are already detained in custody for another offence. Currently, investigators need to apply for a court order to question a suspect about another offence, regardless of whether the suspect is willing to consent to the questioning. The time it takes to obtain an order can lead to unnecessary delays in investigations.

Second reading


Mr O’BRIEN (Treasurer).

Clauses 4 to 8 of the bill will allow investigators to question an adult suspect held in a prison or police jail for another offence if the suspect gives informed consent to the questioning. If a suspect does not consent, or is a child or is unable to consent due to mental impairment, then the police must follow the existing process to seek a court order to authorise questioning. This requirement recognises the vulnerability of these suspects.

The bill also makes clear that the provisions regulating the questioning of a suspect detained for another offence are intended to have extraterritorial operation. It is important that investigators be able to question a suspect detained in Victoria about other offences allegedly committed in breach of the law of another jurisdiction.

Mr SCOTT (Preston) — I rise to speak on the

Workplace Injury Rehabilitation and Compensation

Bill 2013. Firstly, I would like to thank ministerial staff and WorkSafe Victoria staff who have provided briefings on this bill. This is a very complex piece of legislation. I would like to thank Linda Timothy, director, legislation, policy and information services at

WorkSafe, and Georgette Apostolopoulos, senior adviser to the office of the Honourable Gordon Rich-

Phillips.

While this is a very complex piece of legislation, in one sense it is a re-enactment of two existing pieces of legislation. As members would appreciate, there are some amendments, and consequential issues arise out of those amendments, so it is necessary to seek information of a highly technical and complex nature relating to those amendments. I am grateful for the time that has been afforded to me, particularly by the staff of

WorkSafe and others; without the briefings, it would have been extremely difficult to respond to this piece of legislation. Consequently, the bill provides that these questioning powers apply to all offences, whether they are alleged to have been committed in Victoria or elsewhere. It allows investigating officials from other Australian jurisdictions to question a suspect detained in Victoria for another offence either by consent or pursuant to a court order. Investigating officials from other

Australian jurisdictions can apply for a questioning order or a Victorian investigating official may apply on their behalf.

Before turning to the detail of the bill, it is important to put into context the importance of WorkCover in our community. WorkCover is one of the most important public institutions in Victoria — for example, the total annual claims in the 2013 financial year totalled over

28 000 people. That is 28 000 people who made a claim relating to a workplace injury or related matters. Over

42 000 annual workplace visits are undertaken in relation to safety and compliance. The net premiums collected by WorkCover are over $2 billion, and the financial assets under management by WorkSafe were


3492 ASSEMBLY Thursday, 17 October 2013 over $11 billion at the end of the last financial year, and included literally billions of dollars of investment in various asset classes.

This is a very important institution that plays a critical role in our society, and Victoria has had a tradition, particularly under the previous government, of lowering work premiums. There were six reductions to the average premium rate in the period of the last government that reduced the WorkCover premium from 2.22 per cent down to 1.338 per cent, with premium cuts in 2004–05 to 1.998 per cent, in 2005–06 to 1.8 per cent, in 2006–07 to 1.67 per cent, in 2007–08 to 1.46 per cent, in 2008–09 to 1.387 per cent and finally down to 1.338 per cent. This record is based on a very important fact. It is not enough just to talk about premium reductions. It must be understood that

WorkCover is not a zero-sum exercise. The key to the success of the WorkCover scheme during this period was reducing accidents, so it is not just a dry financial matter.

The benefits that are derived and which allow for premium reductions and, in the case of the previous government, an increase in benefits to workers, including restitution of the right to make commonwealth claims, are based on the ability to reduce accidents within the workplace. I would hope that all members would agree that every Victorian worker should return home safely from work. In that respect it is important to understand the important work undertaken not only by WorkSafe but also by volunteer work and safety representatives, particularly trade union members, on behalf of those in the community and those in management who embrace workplace safety. It is important to understand the critical role volunteers have played in ensuring that more Victorian workers return home safely to their families, which I am sure is a goal for which all members would have some regard.

I now turn to the provisions of the bill itself. The bill is designed to replace the Accident Compensation Act


Insurance) Act 1993. In material that was provided to me the government says the redrafting of the legislation has primarily involved a reordering, or what it has described as rectifying anomalies and making clarifications. I will return to those matters because there has been some disagreement between the opposition and government about some issues. I am pleased to say that that disagreement seems to be in the process of being resolved, but I will return to that. The bill also involves streamlining, including the removal of redundant provisions and the modernisation of language and style.

It is very important to understand that the government has stated that the rewriting has been undertaken on a no-benefit-change basis, with no changes to the benefits available or to the ways that premiums are calculated.

This issue led to disagreement, particularly about three provisions in the bill, and I will return to discussing that later. The government also stated that provisions that have been subject to regular judicial interpretation through litigation have been reproduced in their current form. There is one particular matter where there was some disagreement between the opposition and the government, but I am hopeful that will be resolved.

There are three clauses in the bill which the opposition has been advised by the legal fraternity, and by persons working in other capacities beyond the legal fraternity, will disadvantage injured workers. These are matters on which there have been discussions between the government and the opposition, and I am hopeful that later today amendments will be moved by the opposition. I believe there is agreement in principle from the government. Obviously the detail of the amendments will need to be checked to ensure that they meet both parties’ understanding of what was discussed.

Another important aspect of WorkCover that sadly came to an end recently was the WorkHealth program, which was one of the largest public health programs of its type in the world. Over 700 000 individuals received workplace health checks, and the nature of the insights into workplace health were particularly important: 66 of those workers who undertook workplace health checks were found to be at medium to high risk of contracting type 2 diabetes and/or heart disease and more than 4000 of those who undertook checks were advised to see their GP within the following 24 hours because of the critical condition of their health. I have no doubt, and in fact have received evidence of the fact, that lives were saved by WorkHealth.

As I said, there are three clauses to which amendments will be moved. They include clause 200, which is of concern to the opposition, and I will return to that clause in detail a little later. The concern is that this clause would create a mechanism which could be used to stall the resolution of an injured worker’s lump sum impairment claim. The stalling of an injured worker’s lump sum impairment claim has a consequential trigger on the ability to initiate a common-law claim. These are very serious matters. The amendment relates to the addition of two words to the clause which we would seek to have removed. There are some consequential issues which will have to be dealt with in the amendments, but that is the essence of the matter.


Thursday, 17 October 2013 ASSEMBLY

Clause 313 we believe undermines the judicial oversight of medical panels. There is also an issue with the government stating that it is seeking to reproduce in their current form provisions that have been subject to regular judicial interpretation. This is a matter that will soon be before the High Court. There a case, Kocak, which I will return to at a later point in my speech. As an undertaking has been given to take this bill into a consideration-in-detail stage, I am sure there will be a discussion on this clause and the legal cases surrounding it.

3493 ensure that pre-injury average weekly earnings are not unfairly reduced as a result of a worker taking leave at less than their full rate of pay. I was informed that that is the current practice but this bill is formalising the current practice in legislation. Secondly, they will clarify that weekly earnings are deductible from weekly payments to prevent double dipping and ensure partially dependent partners of deceased workers are entitled to share in lump sum compensation regardless of whether there are other full dependents or not.

Clause 269 relates to removal of the protection of the common-law Harman rule of evidence, and again I will return to that clause at a later point and during the consideration-in-detail stage of the bill.

The opposition believes that the bill in its current form is not a no-benefit-change bill. It is not a bill that has no bearing on the benefits accrued by workers, particularly because the benefits are not simply benefits which are available based on the way premiums are calculated.

The legal processes which give and govern access by injured workers to benefits form a critical part of the rights of Victorian workers to have compensation.

Therefore the changes in the act which create procedural difficulties or otherwise disadvantage workers in trying to access compensation are considered changes to benefits by the opposition. This is not a view held only by the opposition; it is also a view held by such august bodies as the Law Institute of

Victoria, the Victorian Trades Hall Council (VTHC), individual trade unions and individual law firms.

The government has also identified aspects of the bill which it describes as clarifications. One relates to the medical panels I previously referred to. The opposition feels that this is not a clarification but a change to the legal standards that exist and to the law itself. The opposition is less concerned about some of the other matters described as clarifications — for example, making clear indexing provisions to avoid rounding inconsistencies. That is a fairly straightforward clarification with which the opposition would not have any difficulties.

There are also provisions which the government describes as streamlining. Examples provided in the briefing include provisions governing the bringing of common-law actions where liability may also arise against the Transport Accident Commission or a third party. Asbestos and terminal illness provisions that allow for fast-tracking of serious injury applications have been grouped together in the bill.

I understand the Law Institute of Victoria has stated that it is apparent from the bill that there are some changes to the rights of injured workers. The Victorian Trades

Hall Council stated:

The VTHC strongly believes the changes referred to below do more than just modernise the language and style of the current legislation, they have the effect of changing the rights and protections for injured workers, and alter legal precedent in the case of medical panels.

These matters will be returned to in the considerationin-detail stage of the bill, but it is important to place on record why the opposition believes this bill should be amended. I believe there is an agreement that these amendments will be moved and obviously there is an acquittal process for both the opposition and the government to ensure the amendments are as understood.

In terms of what the government has stated about rectifying anomalies, the following examples were provided in the briefing I received. Firstly, they will

The government has also stated that it has removed a number of redundant provisions, including transitional provisions in the Accident Compensation Act 1985 that are not required in the bill as they have served their purpose and admissibility of statements by injured workers and medical reports that are not required because they are covered by court rules. The bill also contains what are described by the government as administrative changes. These include introducing a right for employers to seek review of their premium notices at the Victorian Civil and Administrative

Tribunal if they are dissatisfied with the Victorian

WorkCover Authority’s review decision. The creation of this right complements the existing right of employers to seek reviews in the Supreme Court.

The commencement date of this legislation is 1 July

2014. All claims for benefits can be made under the bill regardless of the date of injury. There is no change to the claims lodgement process, so this legislation will not have an appreciable impact on the process that is undertaken by an injured worker or an employer when they are dealing with a claim. The processing of the


3494 ASSEMBLY Thursday, 17 October 2013 transition to the new legislation was described in the briefing.

In addition, claims made — and this is important — under the Accident Compensation Act 1985 will continue to be dealt with by that act, whereas in contrast new benefits, claims and entitlements will be determined by the date of injury and the Accident

Compensation Act will live on in part. It will exist in a reduced form and will be used to determine benefits for injuries sustained prior to 1 July 2014. The critical date in terms of the application of this rewrite of the

Accident Compensation Act is 1 July 2014.

Consequentially, there are important issues relating to transitioning to the new legislation, and the return-towork obligations for all existing and new claims will continue to be the same and will be governed by the draft bill. Dispute resolution processes will continue to be the same, and there will be a single dispute resolution process which applies to all claims. agree that the bill goes beyond modernising the language and style of the current legislation; it also makes changes that disadvantage injured workers. In the case of the treatment of medical panels it also alters legal precedent.

There are a number of clauses that the opposition has previously identified are of concern and which cannot be supported in the form they have been presented to the house. They are, as I mentioned, clauses 200, 313 and 269. Although it does not go to the issue of rights of injured workers, the opposition believes clause 333 contains a drafting error which also should be corrected, not because it negatively impacts the injured workers but simply because there is an error in the bill.

In outlining that, it is useful to examine the opinion of some stakeholders in relation to the bill. In correspondence sent to me the Trades Hall Council has raised concerns regarding clause 200, which replaces sections 104B(1D) and (1E), and which in the view of the Trades Hall Council: One of the important aspects of the WorkCover system is self-insurers. It may be noted by the house that there have been a number of issues relating to self-insurers and whether they are cross-subsidised in effect in undertaking some aspects of their work, particularly relating to occupational health and safety issues where they are not paying WorkCover premiums, which the government has made some announcements about. I understand the self-insurers had a different understanding of these matters, but the arrangements for self-insurers insofar as this bill is concerned has not changed and they will be governed under the new legislation. Existing licences and agreements will continue to be valid under the new legislation. It is important to note that in the transition there is a change to whether you are paying a premium or what has been described as having a registration. Employers with a current WorkCover insurance policy will automatically be registered for premium purposes.

… broadens the bases on which the VWA or a self-insurer may suspend the processing of claims for impairment benefits and delay determination of such claims. Currently, a decision may only be suspended if the decision-maker requires more medical information to determine the claim or in the event of the subject injury not being stable. Clause 200 inserts the words ‘or other’ information. It places no requirement on the

VWA or a self-insurer to specify to the injured workers what

‘other’ information it seeks and leaves the time frame for suspension of decision making open-ended.

This change could have the effect of not only stalling the resolution of injured workers’ lump sum impairment claims, but also of denying seriously injured workers the ability to initiate a common-law claim. This is because pursuant to both the ACA and the bill, common claims cannot be initiated until such time as the impairment claim is finalised.

We note that the claimant has no recourse if the VWA or selfinsurer fails to lift the suspension or thereby make a decision, except to apply for conciliation which cannot compel a decision to be made. This clause has either been poorly drafted, or drafters intended to provide the VWA and selfinsurers with the capacity to indefinitely delay resolution of impairment claims and consequently the commencement of the serious injury leave application for common-law claims.

The opposition’s primary concern when making a judgement in relation to the clauses contained within it relate to the government’s claims that the provisions of the bill do not impact the entitlements of injured workers and that there will be no benefit change. That was the critical matter in considering the bill, because the opposition’s view is that the government should be held to its word and that there should be no negative impact from the bill to the entitlements and benefits of injured workers. As previously stated, the opposition’s view of what the benefits and entitlements were went not just to the level of benefits and the method of calculation but also to the legal processes through which benefits are accessed. Importantly, unions, the

Victorian Trades Hall Council and legal practitioners

This is a very serious matter. As it stands, clause 200 creates a procedural mechanism whereby an agent of

WorkSafe or a self-insurer can procedurally delay a serious injury claim and therefore delay a common-law claim. From the opposition’s perspective this is a very important part that needs remedy. The remedy that will be sought is simply to remove the ‘or other’ information provision within the clause, which will reduce the scope for such a procedural delaying tactic to be undertaken. Obviously we will return to that in the


Thursday, 17 October 2013 consideration-in-detail stage of the bill, which I understand has been granted, to deal with that aspect.

ASSEMBLY that is, the Harman rule —

In relation to clause 313, the Trades Hall Council raised a series of issues, stating the clause:

… undermines judicial oversight of medical panels. The overall effect of this new clause (specifically of new subclauses (5) and (6)) is for medical panel opinions which may be binding on judges considering ‘serious injury’ applications even where such opinions are based on inadequate reasons by confining the remedy that may be sought in the event that a medical panel provides inadequate reasons. To explain further:

3495 material which may be used in proceedings other than the subject proceedings is now extended to include the phrase

‘evidence given’. This means that evidence given by workers

(or other witnesses) in other litigated aspects of their claims matters can be used by the VWA or insurer in a serious injury application and/or common-law negligence action. If this change to the rights of injured workers is to be made, we request that clear information be made available to injured workers … medical panel opinions (MPOs) are to be accepted as final and conclusive by courts in determining matters before them and common-law claims. This has major consequences for the rights of seriously injured workers pursuing common-law claims.

Currently it is argued that the original provision in the

ACA regarding binding nature of MPOs was enacted in

1997 at a time when common-law rights had been extinguished and on that basis the binding nature of

MPOs does not apply in respect of the determining of common-law ‘serious injury’ applications.

This issue has been the subject of recent High Court

(Brown) and Victorian Court of Appeal (Kocak) consideration.

I referred to the Kocak case previously:

Kocak itself is on appeal to the High Court and a decision of the court is pending. It appears that clause 313 has been proposed to pre-empt a decision of the High Court and render it of no effect.

The issue around the Harman rule is significant because it refers to the implied undertakings that attach to certain documents received by a party in the course of legal proceedings and prevent the use of such documents for collateral or ulterior purposes. The principle is similar to other principles that exist in respect of bodies with regulatory or investigative powers in which there are prohibitions on evidence obtained by one body or in one proceeding being used in another. For example, this principle has been preserved in relation to information obtained by the

Ombudsman. The government has also adopted this principle in respect of evidence or information obtained by IBAC. This is an important legal principle that is a traditional part of the common law that provides protection to persons who are participating in regulatory or investigatory proceedings. It is a principle that has been preserved in other aspects of the law when the government has made changes to the regulatory framework, such as with IBAC. We believe the Harman rule should be preserved in relation to workers compensation.

Confining the remedy for inadequate reasons to the provision of further reasons only (as opposed to quashing the original poor opinion) allows patching up of reasons and creates difficulties when the original panel cannot be reconstituted, i.e. in the event of retirement or death of a member.

It is important to understand that this is a change — that as the practice of the law stands there is a right to judicially challenge a medical panel’s opinion on the basis of inadequate reasoning. The effect of this amendment will be to remove that ability, which is a diminution of the rights of injured workers. In addition, the remedy that is proposed — to simply remit the case back to a medical panel to provide further reasoning — is a much less effective remedy than the quashing of a medical panel opinion and the seeking of a fresh medical panel opinion. This is clearly a diminution of the rights of injured workers as it relates to the practices around challenging a medical panel’s opinion.

The Victorian Trades Hall Council also raised issues relating to clause 269. The letter further states that it:

… provides that contrary to the usual rules of evidence —

On that basis, there are three matters which we believe go to the rights of injured workers and the legal proceedings that relate to those rights in a way that might negatively affect the exercise of those rights, and we will therefore be proposing amendments later today.

The amendments have been drafted, but due to the time constraints and the discussions that have taken place both last night and this morning between me and the relevant minister, the Honourable Gordon Rich-

Phillips, there has not been the chance to finalise an agreement on the actual wording of those amendments.

I believe that will take place later today.

The draft amendments were emailed back just as I was about to jump to my feet to speak. It is my belief that there is in-principle agreement on the procedures that will take place in this debate, further to the substantive matters relating to the amendments which will be agreed to and regarding the basis on which those amendments will be drawn up. However, both parties need to examine the wording of the amendments to ensure that they meet those three criteria. What has been agreed in principle by me and the minister is that


3496 ASSEMBLY Thursday, 17 October 2013 we will go into the consideration-in-detail stage on the bill later today. I think after question time was what was discussed — and I note the minister responsible in this place, the Treasurer, is nodding. I am sure he is looking forward to the consideration-in-detail stage, as all ministers do. It might draw some members away from looking at the electoral boundary redivision today, but I have my doubts. The other aspect it is important to note is that I will move the amendments on behalf of the opposition. The government has agreed that it will support those amendments, and consequently we will support the passage of the bill. once made a joke that justice is open to all, just as is the

Savoy Grill.

Those in the trade union movement also play a critical role in ensuring access to justice. At this point I will single out Geoff Lewin, a member of the Community and Public Sector Union and participant in the stakeholder reference group around the proposed changes. Geoff has not always been a friend of the

Labor Party by any means, but he has done some critical work in identifying aspects of this bill that cause concern, particularly those relating to medical panels and which may have adverse impacts upon injured workers. There are a couple of requirements the bill faces in this place. Unlike the situation with many other bills, there are criteria relating to section 85 of the constitution, and it is my understanding that if they are not agreed to by this house, that will make the bill largely unworkable.

There is also a section 83 aspect of the bill, which means that if it is not agreed to the bill is not just unworkable but cannot proceed. This house must support the bill with a statutory majority if it is to proceed. I will not speculate on whether that is related to agreement to the amendments — that is perhaps a matter to be dealt with privately — but I will allow members to draw their own conclusions in relation to those matters.

I also place on record my longstanding support for and the Labor Party’s appreciation of the members of the trade union movement — particularly those who act as workplace safety representatives — and employers who are also engaged in the consultation process. There has been a change in the culture of many workplaces that has led to the lowering of accident rates. In particular I refer to employers who embrace enhanced safety standards. Although some recalcitrant employers do not embrace enhanced safety, on behalf of the Labor Party I place on record my appreciation of those who do, and I am hopeful that more employers and employees, including trade union members, will continue to embrace a workplace culture that places great importance on safety. Every Victorian worker should return home safely from work. If the opposition’s amendments are supported, then the Labor Party will support the bill.

Importantly the Labor Party feels very strongly about matters relating to WorkCover. This is a critical area in which we have a proud record of fighting for the rights of injured workers, which we have expanded with common-law actions. We in this place will not support amendments to the legislation that we believe, or that important stakeholders whose expertise lies in this area believe, will adversely impact on the rights of injured workers. It is a simple and clear statement of principle for which we will happily stand. We will move amendments relating to three clauses of the bill where it has been identified there would be a negative impact on workers. Secondly, we will ensure that wherever these matters are debated we will stand up for injured workers, who deserve to have an effective and wellfinanced accident compensation system. We will also ensure that the amendments to the legislation made by the government protect existing rights, ensuring that existing rights are not adversely affected.

I put on the record that I am pleased by the actions of very dedicated members of both the legal fraternity and the trade union movement. There might be an argument around whether some members of the legal fraternity act out of self-interest, but I think plaintiff lawyers play a critical role in ensuring that people with fewer means are able to access justice, although an English judge

Mr ANGUS (Forest Hill) — I am very pleased to rise to speak in support of the Workplace Injury

Rehabilitation and Compensation Bill 2013. At the outset I note that the bill is quite weighty, being of some 749 pages. It is interesting that the two acts the bill consolidates totalled about 1200 pages and had been amended more than 100 times. This is an excellent outcome for the community, for employers and employees and for this place.

Clause 1 of the bill contains a range of purposes, and I want to touch on them because they go to the heart of what these reforms are all about. Firstly, the bill simplifies provisions applying to the rehabilitation of injured workers and compensation in relation to injuries or deaths arising out of accidents and diseases in the workplace on or after 1 July 2014. Secondly, the bill streamlines provisions of the Accident Compensation

Act 1985 which continue to apply in respect of injuries or deaths arising out of accidents and diseases in the workplace before 1 July 2014.


Thursday, 17 October 2013 ASSEMBLY 3497

Thirdly, the bill provides a single gateway for claims for compensation, whether under this act or the

Accident Compensation Act 1985. Fourthly, the bill provides for the registration of employers and the payment of WorkCover premiums. Fifthly, the bill repeals the Accident Compensation (WorkCover

Insurance) Act 1993. Lastly, the bill makes consequential amendments to the Accident

Compensation Act 1985, the Workers Compensation

Act 1958 and certain other acts. It is also very important to note that as part of this process extensive consultation has taken place with a very wide range of stakeholders. Because legislation of this nature is so complex and large, extensive consultation needs to be undertaken, and that process has been conducted extensively by the minister and the people involved in drafting the bill.

Importantly the bill honours the Victorian government’s election commitment to recast the

Accident Compensation Act 1985 and the Accident

Compensation (WorkCover Insurance) Act 1993 into a single act that is simpler and easier to use. This is another example in this place of the coalition government delivering on what it said it would do.

Clearly a task of this magnitude takes some time, yet here we are — within three years of election — delivering on this massive task. This is part of the government’s overall commitment to reducing the regulatory burden associated with the whole workers compensation legislation. The reforms in this legislation will make it easier for employers and workers to use the legislation and to understand their rights, obligations and responsibilities.

I turn to the consequences for the different participants who might be affected by this piece of legislation.

Firstly, from the workers’ perspective, despite the bill being such a large document, workers will find the new legislation easier to use and understand. The bill has been set out in a more functional and logical way.

Redundant provisions have been removed, and the language and style of the bill have been modernised, including how it has been drafted. In that respect, this is a good news story. Under the new legislation, injured workers will be entitled to the same benefits they are currently entitled to under the Accident Compensation

Act 1985, and return-to-work arrangements will remain the same.

From the employer’s perspective, employers will find the new legislation easier to use and understand for the reasons that I have already stated. Under this bill there are no changes to employer’s rights and obligations in respect of WorkSafe insurance. There are also no changes in regard to how the WorkSafe insurance premium is calculated. In fact employers will no longer be required to take out WorkSafe insurance cover but will instead be required to register with WorkSafe.

Employers will be covered by WorkSafe insurance once the new legislation comes into effect. Employers who have a current WorkSafe insurance policy will automatically be registered for premium purposes from

1 July 2014. The bill contains straightforward provisions in relation to transitional arrangements.

It is important to make these matters as easy as we can for employers because, as many in this place would know, running small businesses can be complex enough as it is, let alone with unnecessary burdens of regulation, red tape and complexity. As I said, a bill such as this one assists small business, and that is what we on this side of the house are fundamentally about.

We want to assist small business to continue to employ, to stimulate the economy, to make profits and to reinvest those funds back into further employment and business growth opportunities for the broader community. In my view anything we can do that eases that burden upon small business operators, and indeed upon large business operators, is to be commended. We on this side will continue to try to progress these matters in any area that we can, as we said we would.

The bill introduces a right for employers to seek a review of their premium notices at the Victorian Civil and Administrative Tribunal (VCAT) if they are dissatisfied with a WorkSafe review decision. This is a new component in the bill, and this right complements the existing right employers have to seek a review in the Supreme Court. It is inserting an additional step in that process — a step that is more financially viable, particularly for small to medium size businesses that would not want to take action at the Supreme Court level. Now they will be able to take this intermediate step up to VCAT to get their premium notices reviewed in terms of rates and so on. For self-insurers the selfinsurance arrangements will be the same. They will be governed by the bill from 1 July 2014. Existing selfinsurance licences and agreements will continue to be valid under the new legislation.

The overall thrust of the bill is to streamline and consolidate the content of the two acts that I referred to in a single act. It means that all the information on employer rights and obligations can be found in one place. The single act reduces the regulatory burden associated with managing, interpreting and seeking answers to workers compensation legislation questions.

The bill has been framed in a more logical and intuitive order. Provisions that are related are grouped together and streamlined. Some provisions have been rewritten to state the existing law more simply and clearly. As I


3498 ASSEMBLY Thursday, 17 October 2013 mentioned earlier, obsolete and redundant provisions have been removed. This makes the bill easier to use and understand than the current arrangements, particularly in terms of making it easier for the users of the legislation to find what they are looking for. That is a very important aspect when a bill is being redrafted in this way.

Flowcharts have also been introduced to illustrate various processes and to aid the understanding of the legislation. They assist users to find their way around the bill. Two comparison tables are available on the authority’s website. I have copies of these. They provide a comprehensive comparison between the

Accident Compensation Act 1985 and the Workplace

Injury Rehabilitation and Compensation Bill 2013.

Similarly compared to the bill we are talking about today is the Accident Compensation (WorkCover

Insurance) Act 1993. The comparison tables cite particular clauses and details in the previous legislation and steer the user through to the same provision in the new legislation, providing some explanatory notes. I encourage all users of this legislation to make sure they download those comparison tables. They are obviously going to be very helpful in the use of this legislation. government. Unfortunately there has been a cut to the

WorkHealth program. That program was very successful in assessing the health and wellbeing of workers. Around 700 000 individuals were assessed in their workplace, and 4000 of them were directed to see their GP immediately or within 24 hours because of issues that were identified related to high blood pressure and high blood sugar levels. The program therefore gave workers an opportunity to offset any real threat of heart disease, stroke or diabetes. I greatly appreciated that program because when my mum undertook a health assessment in her workplace it was found that she had an immediate problem. She had to get straight to hospital. On a personal level I can really see what the program provided and that it was proactive.

A simple way of explaining the aim of this bill is to say that it brings together in one piece of legislation two complex and large acts. It aims to replace the Accident

Compensation Act 1985 and the Accident

Compensation (WorkCover Insurance) Act 1993 with a new comprehensive act that will hopefully make it easier for employers and employees to get their heads around the complexities that come with workplace injury, rehabilitation and compensation.

In conclusion, this is another government policy commitment that has been implemented. It has been no small feat trimming 1200-odd pages down to 700-odd.

A huge amount of work was involved in that. This has been done on a no-benefit-change basis. We are looking forward to this legislation coming into operation on 1 July next year. I congratulate the minister and his team on the successful completion of this huge task. It is going to be of great benefit to the business community and all employers. I commend the bill to the house.

We have 749 pages of the bill to consider. A number of areas are of concern to the opposition, and I would like to deal with the three clauses that I believe are being worked through at the moment. Hopefully they will be amended by the time the bill is voted on. I would like to put on the record some points about the three clauses we are concerned about.

Ms HUTCHINS negotiations. We do, however, have positive signs that the government has reached agreement with the opposition.

(Keilor) — I rise to speak on the


Bill 2013. I believe a number of amendments are being negotiated and finalised as we speak, and I reserve my right to support the bill based on the outcome of those

In relation to clause 200 in particular there is a concern around the introduction of a mechanism that may stall lump sum impairment claims of injured workers. The equivalent section currently allows for a decision to be suspended if the decision-maker requires more medical information. Clause 200 effectively inserts the words

‘or other information’. It places no requirement on the

Victorian WorkCover Authority or the self-insurer to specify to the injured workers what other information the body seeks, and it leaves the time frame for the suspension of decision making open ended. Again that could lead to uncertainty if those clauses are not amended in a way that makes this legislation much more workable.

I would like to take this opportunity to talk about the importance of the Victorian WorkCover Authority and the great work it does out in the field. In 2013 over

28 000 people were injured and lodged workplace injury claims with WorkCover. During that same period 42 191 workplace inspections were undertaken in Victoria. Plenty of breaches were found, resulting in

108 prosecutions being undertaken, commenced or completed. There is a big task ahead for the

Another area of concern relates to clause 313. As it currently reads it appears to undermine the work of medical panels and the way they operate. The overall effect of the new clause, specifically subclauses (5) and

(6), relates to medical panel opinions which may be binding on judges considering serious injury


Thursday, 17 October 2013 ASSEMBLY 3499 applications, even where opinions are based on inadequate reasons. It confines the remedy that may be sought in the event that a medical panel provides inadequate reasons. It is quite complex and quite detailed, but at the end of the day we want to make sure those workers have a clear system and are protected and not undermined. The other clause I want to touch on is clause 269, which deals with the removal of the

Harman rule, thus affecting an ability for workers evidence to be limited or misused during the legal process.

There has been a lot of consultation over the last few weeks and months, and I would like to acknowledge a number of organisations that have put a lot of work into examining this very detailed and complex bill — namely, the Law Institute of Victoria, the Victorian

Trades Hall Council, individual unions and law firms.

All have raised concerns in these areas and made those concerns known to the government, to WorkCover and to opposition members in this chamber. I also acknowledge the great work undertaken by our shadow minister for WorkCover, the member for Preston. I note his keen interest in this area and in protecting injured workers, and I commend him for his ability to negotiate and get real changes for workers. feeding into those issues being a real danger across our workplaces.

I hope the government and the opposition can reach agreement on the amendments that are currently being negotiated. Labor feels very strongly about workplace safety and protecting injured workers. We need to have a well-resourced workers compensation system, and we want the legislation to be simpler. We also want it to be fair for all injured workers.

Ms McLEISH (Seymour) — It is with pleasure that

I rise to speak on the Workplace Injury Rehabilitation and Compensation Bill 2013. This bill was introduced into the house last month and second read the day after.

When it becomes law, it is expected to become operational by 1 July 2014. As we have heard, essentially this bill brings together two very vital existing acts. They are the Accident Compensation Act

1985 — and 1985 was when the Accident

Compensation Commission was put together, and this was its guiding legislation — and the Accident

Compensation (WorkCover Insurance) Act 1993.

Through this process the WorkCover insurance act will be repealed entirely.

I would also take the opportunity to focus on workplace safety. Unfortunately over half a million workers are injured and thousands are killed each year in the workplace, and we really need to do something to strengthen regulation. This legislation goes some way down that track, but it comes back to the resourcing the government puts into this. Data shows that nationally

600 000 workers are injured per year, 127 000 seriously, costing Australia more than $60 billion annually. Obviously this raises serious questions about workplace safety and shows why getting legislation right for workers all across the state is important.

People are still going home injured, and some are not going home at all. Some employers still do not understand how to make their workplaces safe and need guidance. Unfortunately in some situations they just do not care. Those employers face prosecutions and serious fines as a consequence.

Before the coalition came to government, one of its election commitments was to bring these acts together and recast them into one piece of legislation, and that is what is happening here. Although it is quite complex — the bill is well over 700 pages in length — the result is certainly a lot simpler and less complex than the two existing acts considered separately. We are really looking at having one piece of legislation that is much easier to work with and understand.

I was quite extensively involved with the Accident

Compensation Act 1985. I worked with John Gillespie, who was at WorkCover at the time. He wrote large amounts of that legislation. We have heard that the legislation has been amended some 100 times. I was actively involved in a lot of the wording and intent of it.

I looked at how it was written to try to minimise any anomalies or ambiguity around its intent. As a result of that legislation being amended a number of times, it has become a lot clunkier. I commend the Assistant

Treasurer for the work he has done with WorkSafe

Victoria in putting this bill together, because it has been a mammoth task.

We need to make the system as simple as possible so that people can understand what it means to provide a safe workplace. Unfortunately when you add the numbers up, you see that to this day employers are still being fined only in the millions of dollars, despite the fact that the cost of injuries to workers runs into the billions. We have workers still climbing unsafe scaffolding, being exposed to asbestos, falling victim to bullying and working in very stressful situations on a daily basis. The growth of casual and insecure work is

One novel addition to the legislation is the use of flow charts. We know through learning principles that not everyone can understand something simply by reading it; some people like to look at something and process it that way. On page 38 of the bill, under the heading

‘Part 2 — Workplace injuries’, there is a flow chart that


3500 ASSEMBLY Thursday, 17 October 2013 works through the process of notice of injury. Rather than having to follow a lot of legalese, those who are working on this issue can use this flow chart to better understand how it works. There is another flow chart a few pages on about how to make a claim. That is particularly important for an injured worker. The person making the claim will not necessarily be the one going straight to the legislation — that will be other people in the workplace — but they may use this flow chart to guide them through the process. Sometimes employers and doctors are also involved. I think the addition of these flow charts is novel but also extremely useful.

There are a number of players in the WorkCover game.

There are the injured workers, the authority, the employers, the people involved in the legal system, the medical and service providers and the insurance companies. All these parties will be looking to this legislation for guidance on what they need to do, their roles and responsibilities and for that interpretation, so it is important that it is as clear as possible. ambiguities. That is very typical and is another important element captured by this legislation.

I want to talk about a couple of amendments and administrative and minor policy changes. Part 2 of the bill, for example, outlines a very rare circumstance where a worker does not supply a medical certificate when lodging their claim form. Very typically the first step is that the worker does provide that medical certificate, but now the worker will be able to attend conciliation to resolve the claim instead of having to go directly to court. I worked at the WorkCover conciliation service at its inception. It provided an alternative avenue so that people did not have to go to court. Our courts were very clogged at the time so the

Kennett government moved to introduce the conciliation service. It has grown since then and is now thriving. It has been a very useful tool for people to have their matters resolved quickly without bearing the huge burden of court costs and the stresses associated with that.

I note that the opposition has held off endorsing the bill in full until a small number of amendments proposed by the Law Institute of Victoria have been dealt with. I understand that the minister has agreed in principle to those amendments and is working on finalising them as we speak.

One of the other changes with regard to the return-towork provisions will address a contradiction with regard to how the employer’s obligation to return a worker to work after an injury is expressed in the legislation. There have been some queries around that.

The legislation has been put together with a no-benefit change. There is no change to employers’ obligations and the system remains the same for self-insurers. With regard to transitional arrangements, as we move between the two volumes, the return-to-work guidelines will remain the same, as will the dispute resolution guidelines.

Minor changes are being made to medical panels. The medical panel was introduced as the independent umpire. However, over time it has been found that a number of the medical panel’s determinations were being challenged in the courts. Some changes have been made so that there are explanations about how they as a panel have come to those determinations. That will reduce the areas that can be challenged in court.

I want to touch on a number of areas in the bill that I think are quite interesting. As I have said, we have sought to make this legislation much more user friendly. As a result we have removed or streamlined obsolete and redundant provisions and identified opportunities to streamline compliance requirements and improve readability. I think that is really important.

If we turn to the regulatory impact statement, I was very pleased to see that the assessment done by

PricewaterhouseCoopers found that the bill is expected to reduce administrative costs by an average of

$2.3 million per annum for the first 10 years following its implementation. That forms part of our platform to reduce regulatory burden and find red tape savings.

This bill is an example of those savings. Any recasting of legislation in this vein provides an opportunity to clarify intent, remove anomalies and clarify

The bill introduces a right for employers to seek a review of their premium notices at the Victorian Civil and Administrative Tribunal (VCAT). There is presently an internal review process at WorkCover if employers disagree with how their premium has been calculated. However, if employers disagree with

WorkCover’s assessment, this bill gives employers the opportunity to go to VCAT. That complements the existing right employers have to seek a review in the

Supreme Court.

In summary, making the WorkCover legislation simpler and easier to use is really important. The one thing that underpins all of this is safety in our workplaces. It is so important that employers provide a safe workplace and that people are comforted in knowing that. However, in instances where there is an injury — sometimes it is a soft tissue injury; sometimes it is much worse — or even in instances of death, people must be adequately


Thursday, 17 October 2013 ASSEMBLY 3501 compensated and looked after, and they need to be aware of their entitlements. All parties and stakeholders involved in the WorkCover legislation must be able to work together using a simple mechanism so that we might have the most effective legislation possible. I commend WorkSafe and WorkCover for the work that they have done in reducing injuries. had similar cases in their electorates — is that people end up losing not just their livelihoods but also their homes.

I also wish to briefly mention a terrific article by James

MacKenzie, the former chair of the Victorian

WorkCover Authority, published early last year. He said:

Ms CAMPBELL (Pascoe Vale) — I rise to speak on the Workplace Injury Rehabilitation and

Compensation Bill 2013. As has been outlined by our shadow ministers, we are at this point awaiting negotiations in order to establish whether we will be supporting or not supporting this particular bill. In its current form it is clear it reduces the ability of workers to obtain compensation for injuries. It is therefore, in my view and also in the view of the Scrutiny of Acts and Regulations Committee (SARC), a bill that is quite flawed. The government is trotting out the line that this bill will cause no change. In fact there are changes, as is outlined in the content of the legislation as opposed to the spin that is being delivered through media releases.

Victoria has the best workers compensation scheme and occupational health and safety regime in Australia, and arguably the world. This is not a matter of debate, it’s a demonstrable fact.

He went on to say:

Victoria’s record is enviable — its workplaces are the safest in the country, its workers compensation premiums are the lowest; the latter (which to some extent is driven by the former) gives Victoria a considerable competitive economic advantage over the other states — put simply, it’s more attractive to employ people in Victoria.

I want to go to the correspondence that has been provided by the Victorian Trades Hall Council and other folk who have made representations to me that either the bill has been poorly drafted or the draft is intended to provide the Victorian WorkCover Authority and self-insurers with the capacity to indefinitely delay the resolution of impairment claims and consequently the commencement of the serious injury leave application for common-law claims.

And that, I am proud to say, is Labor’s legacy on

WorkCover. We are not about to support a bill that does not ensure that that high standard continues. Three of the changes that will disadvantage injured workers go to, in the case of clause 200, the creation of a mechanism which could be used to stall the resolution of injured workers’ lump sum impairment payments and to deny seriously injured workers the ability to initiate a common-law claim.

I have had many examples in my own electorate of people who have not only been injured at work or suffered stress at work, but who have been further injured by delays in receiving workers compensation.

Any attempt, as far as I am concerned, to delay the resolution of workers compensation claims is a retrograde step. Why do I say that? I will give the house an example. When Labor came into government one of my dearest friends worked at a public hospital as a social worker in its psychiatric services department. She worked closely with many WorkCover and Transport

Accident Commission (TAC) patients, and 92 per cent of her cases were tied up with WorkCover and TAC.

The second disadvantageous change is articulated in clause 313, which will undermine the judicial oversight of medical panels, reducing the capacity of injured workers to seek judicial review of medical panel opinions. The third is in clause 269, which will remove the protection of the Harman rule of evidence. This means evidence given by workers or other witnesses in other litigated aspects of their claims matters can be used by the Victorian WorkCover Authority or an insurer in a serious injury application and/or a common-law negligence action.

These are significant matters. I want to make sure that the government and its members are fully aware that when injured workers go to coalition MPs’ offices and have the line trotted out to them that the government has not changed the modus operandi of WorkCover and that it has simply compiled a more succinct document, injured workers will know the true facts.

As a direct result of the fantastic work that was begun by former minister Bob Cameron, we enabled the system to work better and resolve matters quickly.

When justice is delivered efficiently, more comprehensively and caringly, the results for injured workers are improved, cases are resolved quicker, people are able to get back to work quickly and families do not lose their homes. But what often happens when matters drag out — and I am sure other members have

In the few minutes available to me I want to go to the

SARC report, and I want every single member of this house who is going to speak on this bill to have referred to the SARC report before they make their contribution.

The SARC report, in what is probably one of the most damning analyses of a bill, highlights many, many


3502 issues that the committee draws to the minister’s attention.

I go to page 8 of Alert Digest No. 13 , which was tabled on Tuesday. In that report the committee highlights the fact that the explanatory memorandum is inadequate in a number of ways. It ignores key aspects of what is called practice note 1 in respect of insufficient or unhelpful explanatory memoranda and practice note 2 in respect of statute law revision-type amendments and their explanatory notes. We draw the attention of the house and the minister to our requirement for further clarification in respect of clauses 630, 635, 637 and

638.

What we, as members of Parliament, have been given in that explanatory memorandum is totally inadequate.

If members look at the next section of the SARC report,

‘Rights and Freedoms — retrospective application — justification’, they will see that the committee considers the explanatory memorandum should directly refer to the significance of 1 July 2010 as the retrospective date for commencement and indicate whether the retrospective application adversely impacts on any entitlement or benefit in clause 626(7). We then look at clause 628(1) and say the provisions there that apply to retrospectivity have an inadequate explanatory memorandum component.

ASSEMBLY Thursday, 17 October 2013 speaker, the member for Pascoe Vale, I will deal with the facts of the bill and the issues that are on the table rather than talk about how I would ideally like to see the bill written and the changes I would like to see made. Where possible I will stick to the facts and go through the changes that this bill makes.

The purpose of the bill is to simplify the provisions applying to the rehabilitation of injured workers and compensation in relation to injuries or deaths arising out of accidents and/or diseases in the workplace after

1 July next year. The bill streamlines the provisions of the Accident Compensation Act 1985, which will continue to apply in respect of injuries or deaths arising out of accidents before that date, 1 July 2014, when this legislation begins. The bill provides a single pathway for claims for compensation, whether under this bill or under the Accident Compensation Act 1985, and for the registration of employees and the payment of

WorkCover premiums. The bill also repeals the

Accident Compensation (WorkCover Insurance) Act

1993 and amends the Accident Compensation Act 1985 and certain other acts.

I am skipping through the report; there are pages of it.

In respect of the retrospective provisions in relation to the Accident Compensation (WorkCover Insurance)

Act 1993 in clause 647, we again draw the attention of the house to the fact that the explanatory memorandum should provide an explanation of the significance of the retrospective date. We then move on to the section

‘Rights and Freedoms — presumption of innocence — reverse evidentiary and legal onus’ and draw the attention of the house to the limitations in that. We then go to ‘Rights and Freedoms — privilege against selfincrimination’ in which the committee notes the limitation on the privilege against self-incrimination.

In the 30 seconds I have left, I implore members to refer to the SARC report. The explanatory memorandum for this bill is totally inadequately and is not what should be provided to the Parliament. Practice notes 1 and 2 explain those comments in detail. For the government to be saying that this legislation simply consolidates two pieces of legislation to make it clearer for people to read is a gross misrepresentation of the facts.

Mr McCURDY (Murray Valley) — I am delighted to rise to speak on the Workplace Injury Rehabilitation and Compensation Bill 2013. Unlike the previous

This bill honours an election commitment of the government to recast the Accident Compensation Act


Insurance) Act 1993 and consolidate them into a single bill that is simpler and easier to use. It also delivers on a government commitment to reduce the regulatory burden associated with workers compensation legislation by simplifying the legislation relating to rehabilitation and compensation for injured workers.

This will also make it easier for workers and employers to read the legislation and understand their rights, obligations and responsibilities. Obviously this is very important if you are involved in a claim as an employer or an employee.

The bill is of the highest importance to Victorian workers and employers. Although Victorian workplaces have never been safer than they are at the moment, workplace injuries continue to occur. We believe we need to continue to improve this legislation because injuries will always occur in the workplace.

We want to keep on reducing the number of injuries and streamlining the process.

As I said earlier, the bill modifies the Accident

Compensation Act and consolidates that act and the

Accident Compensation (WorkCover Insurance) Act into a single piece of legislation to govern workers compensation insurance, payment of premiums, rehabilitation for injured workers and compensation in relation to workplace injuries and deaths. This rewriting of the legislation has restructured it, removed or


Thursday, 17 October 2013 streamlined obsolete and redundant provisions and identified opportunities for streamlining compliance requirements. Importantly the rewriting of this legislation was undertaken on a no-benefit-change basis, contrary to what the previous speaker said in her contribution.

ASSEMBLY 3503

Compensation Act. A further benefit is also achieved by combining legislation related to compensation and insurance into one piece of legislation. This will make the act a whole lot more straightforward.

The bill includes some drafting improvements. It simplifies the legislation and certainly makes it easier to understand and navigate one’s way around this bill.

Some of the key improvements are that it has a more logical structure, the style and language of some outdated provisions in the legislation have been modernised and various provisions have been restructured to make them easier to read and understand. Flow charts in the bill provide a visual snapshot to again aid understanding of the process.

In terms of the bill’s application, it will replace the

Accident Compensation Act and relevant provisions from the Accident Compensation Act will be consolidated to create a more comprehensive and streamlined piece of legislation. The bill will apply to workplace injuries and deaths arising out of or in the course of employment on or after the commencement date, which as I said earlier is 1 July next year.

We are trying to make things as easy as possible for people to follow the flow of this bill and how it affects each and every individual. In many situations there are workplace issues you have not read about in detail and which you do not understand completely until you are actually called upon to look at this legislation because there has been an issue in the workplace affecting you, a friend or the employer. When you find yourself in that position you need to be able to make sure you can navigate your way through.

The existing benefits schemes in the Accident

Compensation Act will obviously be retained for workers with injuries arising prior to that commencement date. What this means is that in future all claims will be made under this bill, whether for compensation under the bill or under the Accident

Compensation Act. Again, it will just make life a lot easier and streamline this whole area. That is what we are trying to do. Entitlements for claims will then be determined according to the relevant benefits schemes in place at the date of injury. A small number of claims for injuries that arose before 12 November 1997 will continue to be lodged under the Accident

Compensation Act. They will continue under those provisions. The bill will apply to all employers who are required to pay premiums for the 2014–15 premium year as well as employers who are exempt.

A few of the minor amendments are aimed at removing some of the ambiguities, clarifying the intention of various provisions and correcting a number of the drafting anomalies which have taken place. The bill also includes policy changes, albeit minor changes, that improve the administrative process or reduce the scheme’s cost and the regulatory burden. These provisions do not impact on the entitlement of injured workers, which is important.

Turning to the structure of the bill, as was noted earlier, the bill has been structured to give it a more logical sequence, obviously with the parts used more often at the beginning of the bill and the parts with more specific audiences at the end of the bill. That seems quite logical. That is the way this government likes to run its operation: logically and straight down the line, removing red tape and making things as practical and easy as possible.

I will move on to the administrative and minor policy changes in the short amount of time I have left. The bill includes a number of administrative and minor reforms to remove ambiguities and correct drafting anomalies — for example, part 2 of the bill provides that in the rare circumstance where a worker does not supply a medical certificate when lodging their claim form, as required by the legislation, the worker will now be able to attend conciliation to resolve their claim instead of having to go directly to court to do so. That is a significant change and will certainly help in some of these situations.

Mr

Mr

Angus interjected.

McCURDY — As the member for Forest Hill says, we are reducing the regulatory burden on our communities. This bill represents a significant drafting improvement, particularly when compared with the way the provisions are ordered in the Accident

Three changes have been made to the return-to-work provisions in part 4 of the bill. The first change is to address a contradiction in the legislation about how the employer is obliged to return a worker to work after an injury. The second change addresses an anomaly arising from provisions that apply where an employer disputes a return-to-work improvement notice. This can be a tricky area in the workplace and we need to make changes wherever possible. As I said earlier, the workplace is safer than it has ever been before and we will continue to strive to have that safety, but at the


3504 same time make sure the legislation allows for those who need to go down this line because of an injury at work.

A regulatory impact assessment undertaken by

PricewaterhouseCoopers found that the bill is expected to reduce administrative costs by $2 million per year over the first 10 years following implementation, and that is a terrific thing.

ASSEMBLY Thursday, 17 October 2013 the family home and have nowhere to go, Alternatively they rent accommodation for a short time until their workers compensation payments are reduced or stop altogether and they can no longer pay the rent. They then end up being homeless or living off humiliating borrowings from family and friends that they would never hope to be able to pay back.

In conclusion, Victoria’s workplaces have never been safer in terms of injury rates. Victoria recorded a record low injury rate in 2011–12. In addition, the premium cut announced by this government for 2012–13 further enhances Victoria’s position as having the lowest average premium rate in the country and the lowest average rate in Victoria’s history. That is something we are very proud of and will continue to do.

Ms HALFPENNY (Thomastown) — I rise to speak on the Workplace Injury Rehabilitation and

Compensation Bill 2013, and I am pleased to say Labor will be opposing this shonky bill unless amendments are introduced to remove the provisions that will reduce the rights of injured workers, particularly those who are seriously injured. If this piece of legislation remains as it is, it will clearly demonstrate what many of us already know: that the Liberal-Nationals coalition government in Victoria is no friend of injured workers.

The Treasurer in his second-reading speech misled the house when he said the new Workplace Injury

Rehabilitation and Compensation Bill 2013 honours a government election commitment to make workers compensation legislation simpler and easier to use and to reduce unnecessary regulation. Nowhere did he say in either the second-reading speech or during the election campaign that this government was about reducing rights to injured workers, or that this government was about making life even harder for workers who are injured through no fault of their own at work because the workplace is unsafe.

Workers compensation payments reduce and then stop for most people after a period of time due either to the time limitations or to disputes with insurers. They then transfer to a disability pension and are unable to provide for themselves. If a claim is disputed, it can take a long time to sort out, and during this time they are not paid.

Without a decent income and denied payments for medical treatment their injury deteriorates and the little money there is goes to providing pain relief. This is what I have seen, and here we have a bill that proposes to make it just that little bit more difficult for a worker who is injured on the job.

The aim of this bill is to consolidate the Accident

Compensation Act 1985 and the Accident

Compensation (WorkCover Insurance) Act 1993 to make the legislation easier to read and understand.

However, just by going through the second-reading speech it is obvious that it does not do this. For all the

Treasurer’s protestations and claims that this bill will make things easier and better for all, it is just not true. It might make it easier for employers or insurers to reduce liabilities and be subjected to less scrutiny, but it shafts injured workers. It wipes out many of their legal rights and with the stroke of a pen stops them from pursuing their rightful entitlements.

To be fair, my previous statement might be a slight generalisation. There is one amendment that on the face of it could be seen as helpful to workers, but in a practical sense this change is miniscule and unlikely to have any effect. I will quote the second-reading speech.

It states:

Clause 227 limits proceedings against workers for recovery of any costs which the authority, self-insurer or employer is liable to pay in connection with medical and like services.

I am sure many members in this chamber meet, as I do, with constituents who have sustained long-term chronic workplace injuries. No doubt they have seen the tragedy that unfolds: the excruciating pain that leads to depression and anxiety; family breakdowns because of the difficulties adjusting to the constant pain; feelings of uselessness; frustration with being unable to contribute to the household or play with the kids; and the financial insecurity.

A number of men in the Thomastown district who have met with me have left the family home after family breakdowns and are in desperate situations. They leave

This sounds promising, but the fact is that most providers of medical treatment demand payment upfront, so they do not actually allow an injured worker to receive treatment without a payment. They do this because either employers or insurers take so long to make the payment that it is now the practice that an injured worker either has to pay for the service themselves or the medical practitioner encourages them to cost shift, to go onto the Medicare system and use

Medicare rather than wait for payments through insurance companies or employers. For example, if you


Thursday, 17 October 2013 ASSEMBLY 3505 cannot get into a hospital unless the payment is up-front and there is already an authorisation, and if you cannot go to a doctor unless you pay up-front, then there is not much point in legislation that says that if there is recovery of costs, it is through the insurer or employer.

In actual fact there is no recovery of costs because the worker has to pay before they actually get the treatment.

Some of the other clauses in this legislation also do not provide much support or help for injured workers. The legislation is there as some sort of protection, but really that is only a small help to injured workers. However, let us look at the other side of the balance sheet in terms of the legislation that is proposed. A number of changes are envisaged around the issue of rights to have a decision or process reviewed or appealed. This is a very important feature of any equitable justice system in any democracy, but what do we have here? We have employer rights of appeal and review, which will be expanded. If this bill is passed, employers will have a new right to seek a review of their Victorian

WorkCover Authority premium notice — that is, how much they will pay. They will be entitled to take a

WorkCover decision on what the premium should be to the Victorian Civil and Administrative Tribunal

(VCAT) for determination. On the one hand they will have a right of appeal — and this could be seen as increasing red tape and costs to the WorkCover authority as it has to deal with challenges and arguments within the VCAT system. This could be costly legally and could take up the body’s human resources and its time and effort in preparing cases. and then using that same needle to inject innocent women, allowing them then to contract disease. He was known and was subject to reports to a medical panel of the Australian Health Practitioner Regulation Agency

(AHPRA). These are medical panels in action, and I do not think we should have much confidence that they will be able to look after the rights of injured workers, when in the case I referred to in particular and in other cases they have been unable to protect patients by regulating the conduct of doctors.

As I understand it, there have been many submissions to the Legislative Council inquiry into AHPRA and the conduct of medical panels that indicate that the medical profession itself is very wary and concerned about the conduct of those panels — that is, that they are not accountable, are not transparent and seem to be a law unto themselves. In the case of injured workers, therefore, there really is an important need to have the right to review and appeal the decisions of medical panels. We do not want a situation where they are not transparent and are not doing the right thing in a fair and equitable manner for injured workers.

There is also the issue of clause 200, which, whether intended or not, talks about the ability to stall lump-sum payments and in effect delay common-law action taken on behalf of workers who are seriously injured. I know that the shadow minister for WorkCover, the member for Preston, has gone through those provisions in great detail. They are also of concern to a number of organisations that are knowledgeable about and expert in this area, including the Victorian Trades Hall

Council and the Law Institute of Victoria.

However, on the other hand the legal rights of review and appeal for working people will be restricted, particularly for seriously injured workers. For example, according to this new piece of legislation we are debating today an injured worker cannot seek a review or appeal of the decision of a medical panel in court. In fact the court will be prohibited from questioning any medical panel decision and must accept such a decision as ‘final and conclusive’. This is a frightening situation, and hopefully there will be amendments to ensure that if this provision is unintended, it is removed. If you are talking about medical panels not having a process for review or appeal, I am not sure about anyone else in this chamber but I read the newspapers and have an interest in parliamentary proceedings, and we have all read about the Victorian medical panels that have allowed drug-addicted doctors to administer anaesthetic unsupervised.

Lastly there are the rules of evidence. In that respect I think injured workers should have the same rights as everybody else in terms of evidence provided in all jurisdictions.

Ms

Accident Compensation Act 1985 which continue to apply in respect of injuries or deaths arising out of accidents and diseases in the workplace before 1 July

2014.

MILLER (Bentleigh) — I rise to speak on the


Bill 2013. This is quite a complex bill but the government is endeavouring to simplify the legislation.

The purpose of the bill is to simplify the provisions applying to the rehabilitation of injured workers and compensation in relation to injuries or deaths arising out of accidents and diseases in the workplace on or after 1 July 2014 and to streamline the provisions of the

All members would know that a result of that approach is that 55 women have been infected with hepatitis C because of a particular doctor using a needle on himself

The bill will also provide a single gateway for claims for compensation whether under this bill or the


3506

Accident Compensation Act 1985. It will provide for the registration of employers and the payment of

WorkCover premiums, repeal the Accident

Compensation (WorkCover Insurance) Act 1993 and make consequential amendments to the Accident

Compensation Act 1985 and the Workers

Compensation Act 1958. As members can see, there is quite a bit to do.

ASSEMBLY Thursday, 17 October 2013

Those who might read Hansard and want more information on the bill can go to www.worksafe.vic.gov.au to find out more about it. At that website members will also find two comparative tables. Essentially these tables define the two acts and analyse the differences between them.

The bill is 1200 pages long, so it is quite significant. I have a copy of the bill with me now and I will walk through what we will be doing. The government is delivering on its election commitment to improve

Victoria’s accident compensation legislation by introducing the Workplace Injury Rehabilitation and

Compensation Bill 2013. The new act will protect and continue all existing entitlements and benefits available to injured workers and their families. It will also assist small business, and this government is certainly very understanding of small business in terms of what it means not only to the individual business owner but also to Victoria and its economy.

The bill is cutting red tape, and again this is something that this government is very proud of doing. We are interested in getting on with the job, simplifying things where possible and making sure that business owners can get on with growing their businesses. The implications of cutting red tape are savings of something like $2.3 million a year — a significant amount of money. We are also making it easier for all users of the legislation to understand their rights and the bill’s objectives. The bill will help to ensure that the

Victorian workers compensation system continues to deliver the safest workplaces in Australia at the lowest average cost to business. It is important to note that it is the responsibility of a small business to have a safe place for people to work in.

The current legislation is some 30 years old and has been subject to 100 amendments. If this bill is passed, the new act will come into operation on 1 July 2014.

The Victorian WorkCover Authority will assist

Victorians with information to help them understand the features of the new legislation so that it is a lot simpler to interpret. The bill has been subject to broad consultation. As I said, it is quite a thick and heavy document. Consequently there has been very significant consultation on all of the different clauses through the

WorkCover Advisory Committee, which includes representatives from employer groups, unions and the legal profession as well as medical practitioners. I would like to thank them all for their contributions, and

I would also like to thank the Assistant Treasurer, as the minister responsible, and his team for putting this legislation before the house for review.

Going back to small business, by cutting red tape for small business the government is creating jobs for

Victoria and stimulating the economy. I also want to point out that the Victorian government has led several trade missions to China, India, Japan and Indonesia, just to name a few countries. Delegates visited those countries to promote Victorian businesses and understand what potential business opportunities there are in those countries and vice versa. As a result we are seeing growth in Victorian businesses which will lead to jobs and stimulate the economy, which is very important. I also point out that the Victorian government has a new initiative, Support Small

Business Day, which will occur on Saturday,

19 October. I know that all the businesses in Bentleigh are very excited and enthusiastic about that initiative and are getting on board.

What does this bill mean? For workers the new legislation will be easier to use and understand. Injured workers will continue to be entitled to the benefits they are currently entitled to under the Accident

Compensation Act. The legislation will enable injured workers’ return-to-work arrangements to remain the same if the Parliament approves the bill.

In terms of employers, the legislation will be easier to use and understand. There will be no change to employer rights and obligations in respect of WorkSafe insurance under the Workplace Injury Rehabilitation and Compensation Bill 2013 and no change in how premiums are calculated. Employers will no longer be required to take out a WorkSafe insurance policy but instead will be required to register with WorkSafe or be covered by WorkSafe insurance under the legislation once it comes into effect, if it successfully passes through Parliament. A current WorkSafe insurance policy will be automatically registered from 1 July

2014.

The bill introduces the right of employers to seek review of their premium notices at the Victorian Civil and Administrative Tribunal (VCAT) if they are dissatisfied with WorkSafe’s review decisions. Again, it makes it simpler for people to access and exercise their rights. It complements the existing right to seek a review in the Supreme Court. As I said, rather than going to the Supreme Court they can go to VCAT; it is a simple process. It will be the same for self-insurers.



Existing licences and agreements will continue to be valid under the new legislation.

How will the bill improve the act? The legislation is arranged in a more functional and logistic order, it removes redundant provisions and it modernises the language and style. It will make it a lot simpler and cutting red tape will make it more cost-effective for small business.

ASSEMBLY 3507

2009–10 it had reduced to 1.33 per cent. Similarly when you look at claims per thousand employees, in

2004–05 it was 12.4 claims, and by 2009–10 it was

10.45 claims. Those figures make Victoria a good place to do business, but they also represent real people and real reductions in the injuries being suffered at work.

That is the real benefit of the system we have in place.

In conclusion, the government is implementing an election commitment to improve Victoria’s accident compensation legislation by introducing the Workplace

Injury Rehabilitation and Compensation Bill 2013. The rewrite has been undertaken on a no-benefit-change basis. The legislation, if passed, will come into operation on 1 July 2014. The Victorian WorkCover

Authority will assist with information to help workers and business owners understand the features of the new legislation. I commend the bill to the house.

It is not just people on this side of the house who are praising the WorkCover system in Victoria. Early last year James MacKenzie, a former chair of the Victorian

WorkCover Authority, in an article in the Australian

Financial Review , said:

Victoria has the best workers compensation scheme and occupational health and safety regime in Australia, and arguably the world. This is not a matter of debate, it’s a demonstrable fact.

He went on to say:

Ms KANIS (Melbourne) — I rise to speak on the


Bill 2013. Given its purposes the bill does not seem to be too objectionable. Its purposes are to simplify the provisions applying to the rehabilitation of injured workers and compensation, to streamline the provisions of the act and to provide a single gateway for claims for compensation. It also provides for the registration of employers and the payment of WorkCover premiums and makes some other consequential amendments.

Victoria’s record is enviable — its workplaces are the safest in the country, its workers compensation premiums the lowest; the latter (which to some extent is driven by the former) gives Victoria a considerable competitive economic advantage over the other states — put simply, it’s more attractive to employ people in Victoria.

I would say it is more attractive to be an employee in

Victoria, because reductions in claims mean that fewer workers are injured.

Previous government speakers have spoken about the bill in terms of how it will reduce red tape and the regulatory burden on employers as well as the benefits of such reductions. It is a shame that they did not approach the bill in terms of injured workers. In my view the correct prism to be viewing this bill through is that of injured workers, and particularly so when

Victoria’s current system is the envy of other states.

Work is important to people. It is important to their self-esteem, it provides meaning and fulfilment in people’s lives and it provides income. For families that have parents in the workplace it is one of the most important indicators of school success for their children. Therefore injuries at work and how they are managed have important consequences for both individuals and society. Because of the importance of work to people it becomes vitally important to consider how we treat injured workers.

Victoria’s WorkCover system has been the envy of employers and employees across the nation. It is not perfect. I do not think any system ever is, but it has delivered consistent premium and claims reductions. In

2003–04 the average premium was 2.2 per cent; by

Labor opposes the bill in its current form. However, we look forward to reviewing the amendments that will hopefully be agreed upon during the day. It would be good to see some of the faults in the bill remedied. The bill is a missed opportunity. It states that its aim is to make the legislation easier to use, and that is an admirable aim, but the reality is that it will reduce the ability of workers to obtain compensation and in that regard we cannot support it in its current form. The reduction is particularly reprehensible because the government has said that the review was undertaken on a no-benefit-change basis, but that is clearly not the case.

There are a few things we need to consider about how the bill reduces the rights of injured workers, and I would like to draw the attention of the house to some of the clauses. Clause 200 creates a mechanism that could be used to stall the resolution of injured workers lump sum impairment claims. It can deny seriously injured workers the ability to initiate a common-law claim.

This potential stalling can have detrimental impacts on families of injured workers. Just this week I have been dealing with a family that has had significant delays in relation to the resolution of some post-traumatic stress claims for an injured worker, and the stalling and delays have added to that family’s stress. We cannot agree to


3508 ASSEMBLY Thursday, 17 October 2013 provisions that can increase the capacity for claims to be stalled.

Clause 313 undermines the judicial oversight of medical panels. It reduces the capacity for injured workers to seek a judicial review of medical panel opinions. We all know that doctors and the medical profession are highly regarded, but at times we have all taken opportunities to get a second opinion, because we know that medicine is just as much an art as a science and that different doctors can have different views about the impact of injuries and about the potential for recovery. Just as you and I might seek a second opinion on a doctor’s diagnosis, it is important that injured workers are able to have a medical panel’s decision reviewed. around in your top pocket. It is a complex bill, but it was brought forward as a simplification and consolidation of the legislation and largely on a nochange basis. This area is very much lawyers law.

Members of the broader community would not know the details unless they were required to use the law.

Only lawyers would have a large degree of interest in its content. Employers and employees should take an interest, but the reality is that they will only turn to it when they need to.

The other clause I will discuss is clause 269, which removes the protection of the Harman rule of evidence.

This is an important rule because it means that evidence given by workers or other witnesses in other litigated aspects of their claims matters can be used by the

Victorian WorkCover Authority or an insurer in a serious injury application and/or common-law negligence action. Anything that changes longstanding rules of evidence needs to be considered carefully. In my view, this has not occurred with this bill.

In conclusion, I was pleased to hear today that the government has agreed to consider amendments to this bill. In its current form it is not a bill that we can support, but I hope that by the end of the day we will be able to agree on amendments so that the bill can be passed. The parts of the bill that look to simplify, streamline and consolidate the acts are admirable, but they should not come at a cost to injured workers.

Over the years we have seen workers compensation and associated areas of the law become an industry in their own right — and I do not think that is anybody’s objective. The shared responsibility is a different matter. Building an industry around workers compensation was never the objective. The first objective is to provide appropriate support for injured workers to the maximum degree possible. The second objective is to minimise the cost to and burden on employers in doing that. The third objective is to minimise compliance costs and administrative burdens and speed up the process for all involved. If you run a small or big business or if you are an employee who has been injured, these sorts of impediments, delays and uncertainty about compensation and rehabilitation are the worst things you can possibly endure. Ultimately the objective is to get workers back to work and minimise any workplace injuries — that must remain the broader goal. As I said, the objective is not to perpetuate the industry.

Mr BAILLIEU (Hawthorn) — Workplace safety and workplace injury rehabilitation and compensation are very much shared responsibilities. In this area of law, anybody who wants to take an isolated point of view — whether it be an employee’s point of view, an employer’s point of view or a legal point of view — is doomed to find themselves in a difficult situation. It is a shared responsibility, and the bill seeks to put that shared responsibility into the correct context.

The bill consolidates the Accident Compensation Act

1985, which has been in place for nearly 30 years, and the Accident Compensation (WorkCover Insurance)

Act 1993. In doing so it seeks to reduce the regulatory burden, simplify the legislation and make it easier for all involved to use the law. This is a big bill; I do not think anybody in Parliament would say otherwise.

Members of the community who saw this bill would probably quake. It is not something you could carry

The results in Victoria are significant. We have the best record. We have record low rates of workplace injuries.

We have the lowest average premiums. We have continued to lower those premiums and to reduce the injury rate. They are all positives. But if you look at the history of this legislation over the last 30 years, you see there have been troubled times in the past. Getting the balance right — making sure the shared responsibility remains in place — is the principal exercise. We have come a long way in those 30 years. There have been some controversial moments, but those controversial moments have seen out some of the significant problems. Victorian law has been largely adopted by other jurisdictions, and that in itself is a tribute to those who have put forward those changes along the way. It is fair to say that Victoria has led the way in all areas, as members on the other side have noted.

Nevertheless the bill makes some amendments to the core legislation, and by any fair reading those amendments will reduce the administrative burden and in the process assist in delivering the shared responsibility. With any such legislation, the permutations are endless. It would be easy for anyone


Thursday, 17 October 2013 ASSEMBLY 3509 to focus on a particular example and find a flaw in the current legislation, previous legislation or the bill — to speculate on problems. But the core issue of shared responsibility and the objectives remain. This legislation has to take into account the different circumstances of employers and employees — different types of businesses, different industries, different forms of injury and different rehabilitation programs — mental health issues and also self-insurers. occupational health and safety laws and see them rolled out nationally, but that has not yet happened, I hope it will be the case, and I am sure from my discussions with other jurisdictions over the last two years that it is widely recognised that they too will seek to upgrade their laws on a more harmonised basis, which would be in everyone’s interests and certainly in the interests of shared responsibility regarding occupational health and safety and indeed workers compensation. I commend the bill, the minister and the work that has been done on this.

I simply want to say well done to the minister and the government. This process has been under way for some time. It honours an election commitment that the coalition made in opposition to simplify the law and make it more accessible to more people in the community so that it is not just lawyers law and that others can pick it up, read it and participate in it.

With legislation such as this there is always a risk of overengineering and in the process increasing costs and burdens. By way of example, when it comes to workplace safety Victoria was in a leadership position — and we remain in a leadership position in regard to occupational health and safety in this country — yet only last year the commonwealth government tried to impose upon all states a requirement to sign up to new commonwealth occupational health and safety laws. However, those proposed laws did not meet best practice and would have set Victorian businesses back more than $3 billion over five years, so the Victorian government resisted the application of those laws. As a state we were punished financially for refusing to adopt a system that did not meet best practice.

Ms

Whenever such a reform bill comes before the house, particularly when it is proposed by a conservative government, members of the Labor Party and the broader labour movement carefully analyse the bill’s provisions and will stand firm when there are concerns about any provisions that may erode workers rights or erode the strong and robust system of occupational health and safety and workers compensation in this state.

GARRETT (Brunswick) — It is with pleasure I rise to make a contribution to the debate on the


Bill 2013. Clearly the issue of workers being able to return home safe each night is at the heart of the Labor

Party and indeed the labour movement. As we know, this is an area in which many battles have been hard fought to ensure that people are protected while at work, that they are compensated when they are injured and, most importantly, that they return home safely to their families.

When the commonwealth set out on that exercise it said that its intention was to model the Victorian laws nationally, but that did not happen. A different version came through which would have placed an adverse burden on Victorian businesses, so members of this government resisted it. Indeed at a Council of

Australian Governments conference, which included representatives from the business community, it was revealed that some Labor jurisdictions which had introduced the new commonwealth laws had very quickly regretted doing so. In the name of harmonisation, jurisdictions were induced to introduce new laws which were not best practice and which increased costs for business, which is not the way to go.

At this point I pay tribute to the shadow minister for

WorkCover, the member for Preston, who has worked assiduously on this task. He has consulted broadly with people in the labour movement, in the legal profession and in industry, and he has forensically examined each and every clause of what is a substantial bill to ensure that the bill is given the appropriate scrutiny and placed under the microscope. Accordingly Labor is proposing a range of significant amendments, which we understand are the subject of discussion. If those amendments are not accepted, then Labor will be firmly opposing this legislation.

Whenever we review this complex area of the law it is important to focus on intentions, objectives and shared responsibilities. There is no way the Victorian government will ever see inferior laws put in place and no way we will put in place a system that does not meet best practice. We were proud to stand by our

It is good to see in the gallery some people with whom

I have worked over many years in this area, including representatives from the Victorian Trades Hall Council and the union movement. This is the sort of issue that arouses extreme and extraordinary passion among those who work within this area, because we have seen the damage done when proper laws are not in place.


3510 ASSEMBLY Thursday, 17 October 2013

On that subject, it is worth reflecting upon the coalition’s record in this area over a considerable period of time. We believe the Kennett government’s abolition of common-law rights for injured workers was one of the most heinous acts committed by a conservative government in recent history. It disadvantaged thousands of people who had been negligently injured at work, often in the most horrific circumstances, and denied them proper compensation for their injuries even when those injuries were caused by their employers’ negligence.

There is also concern about clause 269 regarding the removal of the Harman rule of evidence. Opposition members are very concerned that evidence given by workers or witnesses in other litigated aspects of their claims can be used by the Victorian WorkCover

Authority or the insurer regarding serious injury applications and/or common-law negligence actions.

Those of us who have practised in this area, as I have, and who have seen the cases progress through the courts and understand the often adversarial nature of these matters know about the sophisticated manner in which evidence is taken and used and the vigour with which insurers can defend these claims. It is very important we do not erode the legal rights of workers to pursue matters to their full capacity.

We note the current government’s recent cash grab from WorkCover funds. Over successive terms Labor governments built up Victoria’s world-class

WorkCover system to ensure that it had a very strong financial underpinning so that compensation for injured workers would be paid as it should be. That system was supported by strong occupational health and safety laws. Labor re-established common-law rights and put in place a system of preventive measures around

WorkHealth and the like to see that accidents and injuries were avoided in the first place.

It is also very important — and I think Labor has demonstrated a fine record on this — to ensure that the approach to workers compensation and occupational health and safety is continually monitored and updated as new technologies and new pressures arise. For example, issues arose about stress and bullying and the like in the white-collar space, and members of Labor governments are very proud that they ensured that those issues were addressed, but of course there is more to do.

Members of the opposition will stand very firm on these matters, because they go to the heart of a just and civil society. We know what has happened in the past.

We only have to look back over many decades to see what happened before the fine work of the trade union movement established clear principles and standards and enforceability around workplace safety. We know that when you erode common-law rights or workers compensation capabilities there is often a corresponding slip in the occupational health and safety standards at workplaces. Employers have a much better incentive to get their workplaces in order if they know they are going to have to face legal matters or be forced into compensating their workers or paying higher insurance premiums if they do not. The role of a robust system of workers compensation is critical in ensuring that occupational health and safety standards are maintained.

Opposition members have concerns about this bill, which is purported to have no detrimental impact upon workers. I will now touch upon some of the major concerns that have been raised. On clause 200 there is concern that the mechanism could be used to stall the resolution of lump-sum impairment claims for injured workers and deny the capacity for seriously injured workers to initiate common-law claims. Clearly this is a major issue and would have an extraordinarily bad impact upon those who are unfortunate enough to suffer workplace injuries.

Opposition members also express deep concern about clause 313, which we believe undermines the judicial oversight of medical panels and therefore reduces the capacity of injured workers to seek such judicial review regarding these opinions. This is an area of enormous complexity and of enormous importance to those who rely upon that capacity, and any undermining of it will have a significant and real impact upon thousands of injured workers.

Most importantly this bill is about making sure every worker can expect to go to work and do their job in a safe environment. They know that if they are injured, they will still have the capacity to provide for themselves and their families at what is a most debilitating and distressing time. They know there will be proper rehabilitation available to them and that their future and that of their children will be assured through a proper system of compensation. Again I commend the shadow minister on his work. I also commend the trade union movement, the labour lawyers who have contributed to the discussion on this bill and the industry players who have been consulted. We will oppose this bill should these critical amendments not be accepted by the government.

Mr NORTHE (Morwell) — It gives me pleasure to rise today to speak on this important and comprehensive bill, the Workplace Injury

Rehabilitation and Compensation Bill 2013. This bill combines the Accident Compensation (WorkCover



Insurance) Act 1993 and the Accident Compensation

Act 1985 into a single piece of legislation. I wish to make a couple of key points initially, taking comments from the Assistant Treasurer’s media release of

19 September in which he outlined some of the provisions of this bill. The media release quotes the minister as saying:

3511 there will be the Gippsland OHS Network breakfast.

There are programs such as ‘Manual handling — the next steps’, ‘What a WorkSafe inspector looks for and how to achieve compliance’ and ‘Working with GPs and occupational rehabilitation providers — making it work’. These programs are just another element of what can be done to assist in reducing workplace injuries in the future.

All Victorians can be assured that the new act will protect and continue all existing entitlements and benefits available to injured workers and their families …

He went on to say that the government is proud of assisting Victorian businesses by cutting red tape and through these measures delivering $2.3 million per annum in savings, importantly making it easier for all users of the legislation to understand their legislative rights and obligations. The minister further said in the media release:

The bill will help to ensure that Victoria’s workers compensation system continues to deliver the safest workplaces in Australia at the lowest average cost to business.

I will elaborate further on those points in a minute.

The bill is extremely important for obvious reasons. It provides for the rehabilitation of injured workers. It provides compensation in relation to workplace injuries and deaths. It provides for the governance of workers compensation insurance and the payment of premiums.

Other members have spoken on this legislation, and it is a pleasure to follow the member for Hawthorn, who very articulately put forward thoughts from the government side on what the legislation means to

Victorians.

Workplace safety is absolutely paramount to everyone.

When an injury, whether minor or major, is sustained in the workplace, it has a dramatic effect not only on the worker themselves but also the business and on the worker’s family and friends. It is imperative that we do as much as we can to reduce the incidence of workplace injury. We have come a long way over a number of years. If members look at the figures from 10 years ago and compare them with the latest available statistics, they will see there has been a massive reduction in the number of workplace injuries. By the same token, we must do all we can to ensure that we further minimise the incidence of such injuries.

The important thing is not only to reduce the number of workplace injuries but also to look at WorkCover premiums. We on this side of the house are proud to note that we have seen a reduction in WorkCover premiums. In May 2012 the responsible minister stated that as part of the 2012–13 budget we would reduce

WorkCover premiums from 1.338 per cent of employees’ remuneration to 1.298 per cent. Whilst that might not seem a lot when you articulate it, it does make a significant difference. That is around a 3 per cent saving on the average insurance premium rate for

Victorian workplace injury insurance. That reduction would see a benefit to almost 60 per cent of Victorian businesses, of which nearly 59 000 would see a reduction of around 10 per cent in their workplace premiums. Reducing workplace injuries while supporting businesses by reducing premiums are two important elements of any scheme.

The legislation we are debating today has come about as part of an election commitment made by the coalition government. We said we needed to rewrite the act and make it simpler for people to understand and to ensure better outcomes for those who have an interest in this area and for the community more broadly. There are five key areas in which we have sought to do that.

First, there is a more logical structure in the writing of the legislation itself and modernising the style and language of the provisions, which were in part outdated. There are some new visual aids within the bill, with flow charts to assist not only workers but also employers to understand it that much better. There is a new statement of the key rights and obligations of workers and employers at the start of the bill to better assist people to navigate the content of the legislation, and we are also omitting some of the obsolete provisions as part of that.

It is important for this house and the community to note that WorkSafe Week runs from 21 to 31 October. Some programs are scheduled for next Monday in the

Morwell electorate. These programs help employers, employees and others in the community to understand how we can minimise workplace injury. The content of the sessions is broad and varied. In Morwell next week

Simplifying and modernising the legislation is not only a great benefit to employees, employers and businesses more generally but it also reduces the cost and regulatory burden on all, and that is really important.

The second-reading speech, which refers to a regulatory impact assessment, makes interesting reading. It refers to some work undertaken by PricewaterhouseCoopers which found that the measures being undertaken in this bill would reduce administrative costs by an average


3512 ASSEMBLY

$2.3 million per annum over the first 10 years of implementation. Those are enormous savings for the

WorkCover scheme’s insured businesses and for claim agents, who will obviously spend less time referring to legislation in relation to claims, premiums and other obligations. Red tape reduction for all is important, and that is a mantra representing what this government has been achieving on an ongoing basis, and something it will continue to do in future.


Accident Compensation Act 1985 and replaces it — along with the Accident Compensation (WorkCover

Insurance) Act 1993 — with a new comprehensive act that the government claims will be easier to use and follow.

One of the practical examples is making sure we have a logical sequence so that the parts of the proposed act used or referred to most often will be at the start of the act, and components relating to more specific inquiries, whether they refer to a WorkCover employer or to a self-insurer, will be at the back of the act. Hopefully that will help enormously. Obviously combining the acts into one will be beneficial as well.

The bill makes three changes to the return-to-work provisions and they are outlined in part 4 of the bill.

The changes remove a contradiction in one relevant area. There is a clarification of an anomaly in relation to an employer disputing a return-to-work improvement notice. Currently return-to-work obligations of employers expressed under legislation, where enforceable, are described as applying to the extent reasonable, and this will also be clarified so that the obligation is applicable also to workers.

The Accident Compensation (WorkCover Insurance)

Act will be repealed entirely, while the Accident

Compensation Act will be retained to provide for a benefits scheme for injuries arising prior to the commencement of this bill. Many provisions of the

Accident Compensation Act will be repealed where they duplicate provisions contained in this bill. All future claims will be made under this bill whether for compensation under the bill or under the Accident

Compensation Act. All employers, except for selfinsurers, will be covered by the Victorian WorkCover

Authority (VWA) and will be required to be registered with the authority. The bill includes a large number of amendments and policy changes, which the government states are aimed at removing ambiguities, clarifying the intention of various provisions, correcting a number of drafting anomalies, improving the administrative processes or reducing scheme costs and regulatory burden.

There are a number of other smaller components of the bill. One of the important aspects I will quickly refer to is that the bill makes clear that a partially dependent partner of a deceased worker is entitled to share in the compensation. That was not clearly articulated previously. There are changes to medical panel procedures to increase efficiencies, including through time limits. I know that is one of the issues that has been expressed before in terms of time lines around what the medical panel does. There are also clarifications around pre-injury average weekly earnings provisions, which I see as a benefit to an employee in making sure they are entitled to their full rate of pay. It is a great piece of legislation, and I wish it a speedy passage.

Opposition

(Preston)

Ms amendments under standing

KAIROUZ circulated orders. by Mr SCOTT

(Kororoit) — As a daughter of an injured worker — and I am sure there are many constituents in my electorate who have been injured in the workplace — and as a former union official, I have great pleasure in speaking on the Workplace Injury

Rehabilitation and Compensation Bill 2013. Basically the bill re-enacts, with amendments, provisions of the

On the surface the bill seems quite innocuous, but as you look further and go through the 749 pages of the bill, you see that it does more than the minister outlined in his second-reading speech. Some of the changes we have picked up are quite disadvantageous for injured workers; they do not do injured workers any favours whatsoever. There are three clauses that we have a particular issue with and to which the shadow minister for WorkCover, the member for Preston, circulated amendments that we hope the government will support.

We have been told by the shadow minister that the government is cooperating in this process, and I wholeheartedly welcome that.

We believe that these three clauses of the bill will harm the rights of injured workers and no longer protect them. The first is clause 200, which replaces sections 104B(1D) and 104(1E) of the Accident

Compensation Act and broadens the basis for which

VWA or a self-insurer may suspend the processing of claims for impairment benefits and delay determination of such claims. Currently a decision may be suspended only if the decision-maker requires more medical information to determine the claim or in the event of the subject injury not being stable. Clause 200 inserts the words ‘or other information’. It places no requirement on the VWA or a self-insurer to specify to the injured workers what other information it seeks and leaves the time frame for suspension of decision making open ended.



Clause 313 undermines judicial oversight of medical panels. The overall effect of this clause, and specifically of subclauses (5) and (6), is that medical panel opinions may be binding on judges considering serious injury applications even where such opinions are based on inadequate reasons because the remedy that may be sought in the event that a medical panel provides inadequate reasons will be confined. To further explain, the decisions of medical panels are to be accepted as final and conclusive by courts in determining matters before them, as well as in common-law claims.

This has major consequences for the rights of seriously injured workers pursuing common-law claims.

Currently it is argued that the original provision of the

Accident Compensation Act 1985 regarding the binding nature of medical panels was enacted in 1997, at a time when common-law rights had been extinguished, and on that basis the binding nature of the medical panels does not apply in respect of determining common-law serious injury applications.

Victorian workers and helps to reduce the incidence of chronic disease. Ironically this program will fold by the end of this year. This decision is in stark contrast to all that Labor has done to ensure that workers are protected and that the safety and wellbeing of all Victorians is paramount.

In the minute or so that I have left, I wish to say that in a nutshell Labor has concerns about the bill as it stands.

We welcome the cooperation of the government in considering the amendments that have been circulated.

Hopefully the amendments will be passed. If they are not, Labor will not be supporting the bill as it stands, and we know that an absolute majority is required in order for this bill to proceed.

I would also like to acknowledge the work that has been put in by the trade union movement, Labor lawyers, the industry and particularly the shadow minister for WorkCover and member for Preston, who has put several hours into this bill, which is 749 pages long — —

Clause 269 of the bill provides, contrary to the usual rules of evidence, that material which may be used in proceedings other than subject proceedings will now be extended to include the phrase ‘evidence given’. So if there is a discussion or a meeting that does not particularly relate to a claim, evidence can be used by the person putting in the claim or by the witness. It can also be used in other litigated aspects of that person’s claim matters. It could be used by the VWA, it could be used by the insurer or it could be used by the employer in a serious injury application and/or common-law negligence action. We request that this be changed. We do not think it is fair, and it is certainly not clear. All information must be made available to all injured workers, and injured workers must be made aware of what the Victorian WorkCover Authority or the insurers use that information for. The opposition wishes to amend these three clauses and remove them from the legislation. We are pleased that the government has been cooperating on this.

Mr

Ms welcome the amendments being supported by the government, and I wish this bill a speedy passage.

Mr

Nardella — Hundreds of hours.

KAIROUZ

BURGESS

— Hundreds of hours, yes. I

(Hastings) — It is a great pleasure to rise to speak on the Workplace Injury Rehabilitation and Compensation Bill 2013. It has been interesting to watch opposition members thrash around, giving all sorts of reasons and excuses as to why this is not a good piece of legislation, but really in the end we should all be bipartisan in our approach to this, and bipartisanship is the approach that the government is taking in relation to this very important legislation.

I would like to touch briefly on Labor’s record on

WorkCover. Labor delivered six successive premium reductions from 2003 whilst improving safety and reducing the number of claims. In 2003–04 the average premium was 2.2 per cent; in 2009–10 the average premium was 1.13 per cent. These reductions in the average premium rates helped Victorian businesses maintain their competitive edge and collectively saved over $2 billion.

Labor restored the common-law rights of injured workers. Labor established WorkHealth, a world-first program that improves the health and wellbeing of

I think everyone in the house understands that workplace health and safety is very much a shared responsibility. In fact it is only by sharing that responsibility at all levels that we will achieve the desired outcome. That is really the most important aspect that we can discuss in this house: how we not only legislate for the different responsibilities and obligations of various sections of the community in this particular area but also encourage people to take on part of that responsibility as a very important part of their daily lives. Anyone who has watched the Transport

Accident Commission’s ads would understand why this is critically important. It is not just your safety at work; it is the safety of everybody else. It is about the people who are impacted upon when that safety is compromised and a worker is hurt. That is what we are about.



All parties — employers and employees — must work together in a cooperative and complementary manner. It is important for us to do that if we are to continue to build on Victoria’s very impressive record of workplace safety. Every worker, after all, is a son or daughter, a brother or sister, a friend or lover; every worker is precious and somebody’s loved one. It is most important that we work towards that outcome at all times. think more graphically, and the usefulness of these flowcharts should not be underestimated. It is very important to be able to graphically recognise what your obligations are, how the procedures work, what is next required of you and how these things will flow through to an outcome, one way or another. This is a very important initiative of this government. In this area the principle is particularly important because we are dealing with people’s health and safety. Therefore the government should do everything it can to improve people’s understanding, and the government has done quite a lot in this particular legislation.

The bill applies to workplace injuries and deaths arising out of or in the course of employment on or after its commencement date. The existing benefits scheme will be retained for injuries arising prior to the enactment of this legislation. The bill honours an election commitment of the coalition to make this area of law more readily understandable and streamlined but also to continuously improve safety in the workplace. The bill furthers the government’s commitment to action in that area. It is also important that the government continually assesses itself to make sure that the regulatory burden is broken down in any way it can be without compromising those very important principles.

This bill goes a long way towards achieving that. It makes it easier for employers and workers to read the legislation and to understand it.

The rewrite contained in this bill will completely restructure the act. It removes or streamlines obsolete and redundant provisions, it streamlines compliance requirements and it improves readability to ease understanding. Importantly, the whole rewrite has been undertaken on a no-benefit-change basis. This is critical to everybody in this house. The intention of the government is very clear: this bill is designed to streamline and make this very difficult area of law more readily understandable while at the same time retaining the benefits and not impacting on them in any way.

One important legal principle that I think people who work in the area are aware of but that often only comes to people’s attention when it is far too late is that ignorance of the law is no excuse for having broken it.

It is important that everyone understands that, because, for example, we are deemed to understand and be cognisant of the 700 pages in the existing legislation. If you fall foul of one of your obligations, then there is no excuse for not having known that that obligation was upon you.

As we know, Victoria already has best practice in this field, and last year the federal Labor Party tried to enforce a lower standard upon Victoria. With great consequence the Victorian government stood up to the

ALP. It stood on its digs and said that it would not reduce the standard of care in this state or undervalue the importance of the safety of people in the workplace.

Of course as it normally does — or at it as it did when it had that power — the ALP imposed a consequence on

Victoria in financial penalties for what really turned out to be the Victorian government standing up for the safety of Victorian workers. The ALP needs to have a good, close look at itself and at the way it approaches things, particularly in areas that deal with people’s health and safety.

With this legislation the government has done everything in its power to make the law more readily understandable to everybody who needs to have access to it. This should not be overlooked, because it is a very important thing. One of the things the government has done is incorporate flowcharts into the legislation. I particularly appreciate the fact that it contains flowcharts because I am one of the 50 per cent of people who think in a graphic way rather than in words, so it is really important to my understanding of things to be able to see how they work.

As a lawyer, one way I was able to learn the law very well was to read cases, because I could build up a picture in my mind of how it worked. Some people do not need to do that; some people are clever enough to be able to read the words and to absorb what they mean. But some people are not able to do that and they

I wish now to return to some of the areas of the law that this bill strengthens. The key improvements include the establishment of a more logical structure and sequence, the improvement of readability and style of language, the removal of outdated provisions and the modernisation of others, and the restructure of yet others. The use of flowchart diagrams that aid understanding has also been implemented. There are also minor amendments, the removal of ambiguities, clarification of intention in some other areas and correction of some drafting anomalies. Further, the bill includes some minor policy changes to administrative processes and reduces the cost and regulatory burden of the scheme. Once again, these provisions do not impact on the entitlements of injured workers.



One other thing that is worth mentioning because it is quite important in workplace injury legislation and in situations where there has been an injury is that we have retained language, even if it is complex, where it has been defined, identified and ruled upon in the courts. This is important for certainty moving forward, both for lawyers and their clients. It is very important that principles embodied in particular wording are not changed, because it is very easy to change the wording of a particular provision and for it to have an unintended consequence. So where there have been determinations over the course of the years that have created an understanding and acceptance among the legal fraternity and the people it represents, that wording has been retained in this bill to ensure certainty moving forward. I commend the bill to the house.

Mr

The

Merlino interjected.

SPEAKER — Order! That is enough from the

Deputy Leader of the Opposition.

3515

Dr NAPTHINE (Premier) — I thank the honourable member for his question. If the member had been in the house yesterday he would have heard what I said, but he was missing in action. What I said yesterday is that under our government there is a record level of funding for health services across Victoria —

$14.3 billion of funding for health services, which is a record level of funding. That is $2 billion more than when the Leader of the Opposition was Minister for

Health. There is increased funding provided by this government to the Monash Medical Centre — —

Sitting suspended

Business

12.59

interrupted p.m.

under until 2.03

standing p.m. orders.

Dr NAPTHINE — What I advised the house yesterday is that under our government there is more funding for the Monash Medical Centre, not less.

Mrs Fyffe — On a point of order, Speaker, I wish to raise a very serious matter. I refer to standing orders 118 and 119, which prohibit personal reflections on and offensive words being used against members of

Parliament. I am referring to reflections that have been made that are not only misleading and inappropriate but also defamatory. Under standing orders 118 and 119 I ask that you call on the Leader of the Opposition to rise to his feet and apologise to the member for Frankston for the inappropriate and defamatory language he used to reflect on the reputation of the member for

Frankston.

Mr Andrews — On a point of order, Speaker, I am happy to make available to the Premier a copy of

Hansard, in which in his own words he claimed that more elective surgery is being done. The annual report of the hospital shows there is less. Having got it wrong yesterday, he would be best not to compound it today.

The SPEAKER — Order! A point of order is not a time for a member to get up to argue a point in debate.

Whether a thing is right or wrong is not a subject to be raised in a point of order. The fact is that the Premier has the right to answer a question in any way he sees fit.

The SPEAKER — Order! I am advised that I can look at any remarks that are made inside the house but that I am not able to do anything about remarks made outside the house. If remarks were made inside the house, it would be the member for Frankston, if he were here, who would be the one to raise the issues referred to in the point of order. I do not uphold the point of order.


Dr NAPTHINE — As I told the house yesterday, there is more funding for the Monash Medical Centre, not less, because we care about the people who are served by Monash — —


The SPEAKER — Order! None of us will hear the answer if there is constant interjecting and rabblerousing. I ask the house to come to order and stay in order so we can hear the answer.

Monash Medical Centre elective surgery

Mr ANDREWS (Leader of the Opposition) — My question is to the Premier. Given that the most recent

Monash Health annual report shows that 657 fewer people received elective surgery than in 2009–10, does the Premier still stand by his false claim made yesterday that his government is delivering more surgery at the Monash Medical Centre?

Dr NAPTHINE — What I told the house yesterday was that we have increased funding for the Monash

Medical Centre — more funding, not less funding. I also told the house yesterday, and if the Leader of the

Opposition had been here instead of holding a branch meeting in Bentleigh — —

Mr Andrews — On a point of order, Speaker, on relevance, the question related to hundreds of people who are waiting in pain. References to me as having asked the question and to what I might have been doing

3516 on another day are not relevant to this question or the pain and suffering of these people waiting for elective — —


12 reviews and studies looking into it but there was no action. We are delivering the Monash Children’s.

The SPEAKER of order.


Ms Allan — On a point of order, Speaker, under standing order 58(1)(a), there is a requirement that answers to question must be factual. If you then look at page 161 of the December 2012 edition of Rulings from the Chair, you will see that under the heading ‘Content of answers’ it says:

Dr NAPTHINE — Again yesterday I also advised the house that in addition to providing more recurrent funding for the Monash Medical Centre we are providing funding for a new Monash Children’s hospital, a fantastic outcome for the people of that region, for the people of Bentleigh, due to the hard work of the hardworking member for Bentleigh.

Because we know that in 2002 the Labor government — —

Standing order 58 provides that ‘a minister will have discretion to determine the content of any answer’. The Chair ruled that this does not give ministers the opportunity to answer questions in any way they like; ministers must comply with all requirements of standing orders.

Mr Andrews standing orders.

— On a point of order, Speaker, again on relevance, the question related to elective surgery and the claims of the Premier yesterday, and he ought address those issues. It was a simple question, and on relevance the Premier is clearly offending against the

I put it to you, Speaker, that the requirement that the

Premier be factual is the substance of this question asked by the Leader of the Opposition. We are providing him with the opportunity to correct the record where he misled the house yesterday. We are asking him to address the substance of the question, which is about his incorrect statement made to the house yesterday.

The SPEAKER


— Order! The question related to

Monash Health and less elective surgery being done.

The Premier is relating his answer to health issues, and

I believe he will be heading in the direction of talking about elective surgery.

Dr NAPTHINE — What we said yesterday was that we are getting on with the job of delivering the

Monash Children’s for the people in that region and the people of Bentleigh. What we said yesterday was that in 2002 the previous government — —

Ms Asher — On the point of order, Speaker, I refer to page 162 of Rulings from the Chair of June 2013, the more up-to-date edition, and the point that relates to relevancy. It states that ‘A minister is to relate remarks to the question asked’. The question asked related to question time yesterday and related to health. The

Premier is being relevant, factual and succinct, and he is complying with the standing orders.

The SPEAKER of order, but I ask the Premier to return to answering the question.


Dr NAPTHINE — What I said yesterday was:

Mr Andrews — On a point of order, Speaker, again on relevance and in reference to the ruling you just made where I think you indicated that it was your expectation the Premier was heading towards commenting on elective surgery, again nothing in this answer relates to the question. Nothing in this answer is relevant to the question. The claim was made yesterday.

The Premier either stands by it or he does not. That would be a relevant answer in accordance with the standing orders, and we have heard none of that in the last almost 3 minutes.

The SPEAKER — Order! There are 1 minute and

13 seconds to go, and the Premier has 4 minutes to answer the question.

There is a 13.8 per cent increase in funding for the Monash

Medical Centre. I also advise the member and the house that there are now more elective surgeries being performed now than under the previous Labor government.

And that is absolutely true.

Government economic management

Mr ANGUS (Forest Hill) — My question is to the

Premier. Can the Premier advise the house of any recent analysis of the Victorian economy and the government’s efforts to grow jobs?

Dr NAPTHINE — What I said yesterday was that we are building the Monash Children’s after 11 years of neglect by the previous government. In 2002 it said it needed a new paediatric centre at Monash. It undertook

Dr NAPTHINE (Premier) — I thank the member for Forest Hill for his question and for his interest in jobs and the economy of this state. There is no doubt that we are living in the Asian century, which provides challenges but also many great opportunities for



Five super-growth sectors worth $250 billion to the national economy over the next 20 years hold the key to Australia’s future prosperity …

ASSEMBLY

Victoria and Australia. Last week Deloitte released a report entitled Positioning for Prosperity? Catching the

Next Wave . That report was very incisive about the future prospects for Victoria into the future. A media release about the report says:

3517

To take further advantage of these markets, I urge the federal government to speed up the process for free trade agreements (FTAs) with China and Japan, and absolutely ensure that agriculture, food and fibre are part of those FTAs. They were not pushed hard enough by the Labor government. We need those FTA agreements.

Monash Medical Centre elective surgery

Further, the media release says:

The drivers of growth in Australia’s the economy are changing — and they are changing in a way that is particularly well suited to Victoria’s sectoral strengths.

The report identifies what it describes as ‘five supergrowth areas’, which Deloitte believes will grow 10 per cent faster than gross domestic product as a whole. Of those five super-growth areas, Victoria is very strong in four of those five areas — in international education, agribusiness, tourism and wealth management.

Ken Henry, the former Treasury secretary has said this:

Among the Australian states, Victoria is the largest exporter of food and fibre. And with the number of Asian middle-class consumers anticipated to grow by 2.7 billion over the next

20 years agrifood prospects have to look very promising.

Mr ANDREWS (Leader of the Opposition) — My question is to the Premier. I draw his attention to the

2011–12 Monash Health annual report, which shows that 21 601 elective surgeries were performed in that year, and further to the 2009–10 report of the same health service, which shows that 22 258 elective surgeries were performed that year. That is 657 more than this year under the Liberal-Nationals government.

I ask: given the clear reduction in numbers, as indicated in Monash Health’s annual reports, on what basis does the Premier continue to claim that more surgery is being performed at Monash Health under his government than the previous government?

Dr NAPTHINE (Premier) — I advise the house, as

I have advised previously, that since we have come to government we have provided additional funding to

Monash Medical Centre. We have provided

$124 million worth of additional funding.

The Victorian government is acutely aware of these important opportunities to grow jobs and strengthen our economy in this Asian century. That is why we have had a very active trade mission program, started by former Premier Baillieu and led very well by the

Minister for Employment and Trade. We have had over

64 trade missions, involving 2350 Victorian businesses, and those trade missions have already delivered

$3.6 billion worth of new exports for Victoria. They have created over 3500 new jobs for Victoria. That is why yesterday, with the Minister for Agriculture and

Food Security, I was able to launch our food and fibre exports report on the year 2012–13, which showed a

5 per cent increase in exports of food and fibre to a record $9.4 billion.

Mr Andrews — On a point of order, Speaker, just so there is no confusion, the question related to elective surgery and the number of patients who have had elective surgery. It related to two annual reports, and it called into question the accuracy of the claim the

Premier made yesterday and again in his last answer.

That is what the question was about, and I ask that you uphold standing orders and require the Premier to be relevant in his answer. It was a very simple question. It was not about funding or things from 10 years ago. It is about comments the Premier made yesterday and the fact that they are not backed up by the facts.

The SPEAKER — Order! The Premier has been speaking for 36 seconds. We have not had enough opportunity to establish where he is going. I do not uphold the point of order.

What we are doing as a government, in addition to those trade missions, is making sure that Victoria is well placed to take advantage of these opportunities in the growing Asian markets. Fundamental to that is secure, stable economic management, a AAA credit rating, secure budgets with future surpluses and investment in very important productivity-boosting infrastructure — key infrastructure like the east–west link, like regional rail, like the Melbourne Metro rail capacity project, like the expansion of the port of

Melbourne and the expansion of the new port of

Hastings — so we can deliver those exports from

Victoria to those growing markets.

Dr NAPTHINE — Where I am going is to say that we are providing more money to Monash Medical

Centre, as we are doing for health services across the state. I also advise the house that the latest data I have for elective surgeries in the 2012–13 financial year, the recently completed financial year, which was not referenced by the Leader of the Opposition, shows that there were 139 more elective surgeries at Monash


3518

Medical Centre than there were under the Labor government.

Ms Allan — On a point of order, Speaker, at page 71 of Rulings from the Chair of June 2013 there is the requirement that:


Dr NAPTHINE — From information provided to me.

Mr Andrews — On a point of order, Speaker, just for the purposes of clarity, you asked the Premier whether he was referring to notes or quoting from a document, and we did not hear the answer to that question.

… where members quote from public documents in debate they must be prepared to make available on request those particular documents.

The key point here is that:


The SPEAKER — Order!

Documents from public officers, in connection to public questions, are regarded — in this case —

Mr to repeat his answer? We did not hear it, and it is hard to move forward without knowing what his answer was.

Andrews — I am indebted to you for your protection, Speaker. Can you perhaps ask the Premier as public documents.

The Premier is referring to data from the

2012–13 financial year, which would normally be found in an annual report that is yet to be tabled in this place, so it is clear that the Premier has in his possession data from a health authority, which is a public office as defined under the confines of the operations of government. This is material that has been provided to the Premier by a public authority, and we ask that you uphold this ruling and have the Premier make this information available to the house. At the moment this information is not public, because it is yet to be tabled in an annual report.

The SPEAKER repeat his answer.

Dr that it is based on advice and information provided to me by the Department of Health.

Mr

NAPTHINE

Andrews

— Order! I ask the Premier to

— I am able to advise the house

— On a point of order, Speaker, very simply, if the Premier is proud of these numbers, perhaps he should simply table them and substantiate the claims he is making. The notion that we ought to settle for some private stream of advice to the Premier, unsubstantiated and without any attempt to table or make clear what the source of those numbers is, hardly fulfils the Premier’s obligations under the standing orders. He ought to table them.

Ms Asher — On the point of order, Speaker, the member for Bendigo East made a point in relation to public documents. I at no stage heard the Premier say the document from which he was quoting was public.

Indeed, premiers of all political persuasions provide answers to the house that are not necessarily from public documents. If we follow this through logically, it appears that the member for Bendigo East is trying to argue that because this data may be in the annual report that will be tabled in 2014, the Premier should table it now. The document is not a public document, and there is no requirement for the Premier to table the material.

Mr Merlino — On the point of order, Speaker, the

Premier referred to 2012–13 financial results. It is discourteous to the house for the Premier to refer to figures in annual reports that have not been tabled before this chamber, and I ask you to uphold the member for Bendigo East’s point of order.

The has said, it is not a document that he has got; it is advice that he has received from the department, not a public document. I do not uphold the point of order.

Dr

SPEAKER

NAPTHINE

— Order! From what the Premier

— The Monash Medical Centre has received a significant increase in funding since we have been in office because we care about providing services for people through the Monash Medical

Centre. We care about those people by providing the funding for the new Monash Children’s hospital after

11 years of neglect under the previous government. We are delivering improved health services through the

Monash Medical Centre with improved funding for the c entre, and we are very proud of what we are doing in health across the state.

The SPEAKER — Order! I listened to what the

Premier said. I thought he was not quoting from an annual report but from 2012–13 figures. Was the

Premier quoting from a document?

Mr

Regional

CRISP and rural employment

(Mildura) — My question is to the

Minister for State Development. Can the minister


Thursday, 17 October 2013 ASSEMBLY 3519 update the house on the government’s progress with growing jobs and the economy in regional Victoria?

Mr RYAN (Minister for State Development) — I thank the member for his question. I can advise the house of the following summary of key findings from this morning’s Australian Bureau of Statistics regional employment data release for September 2013. Regional employment increased in September by

5800 workers — that is, 0.8 per cent. Growth over the month was driven by an increase in full-time employment of 14 800 workers. This is in regional

Victoria. relocation and consolidation of operations from

Tasmania to Wangaratta of Bruck Textiles. I was able to make that announcement with the local member. It is an announcement that I know is close to the heart of the

Leader of the Opposition. It created 25 new jobs and an investment of $4.5 million. Secondly, at Balfour Beatty

Investments at Carwarp, Mildura, we are contributing

$3 million to a $180 million project on behalf of that organisation. It will create 200 construction jobs and something in the order of 25 ongoing jobs.

Employment rose in four of the five regional areas in

September, with the largest increases occurring in the

Loddon Mallee region, which was up 4400 workers, and the Goulburn-Ovens-Murray region, which was up

1500 workers. The unemployment rate in regional

Victoria fell 0.3 percentage points to 4.8 per cent in

September. The unemployment rate declined in Loddon

Mallee, down 3.1 to 3.6 per cent, and in the Goulburn-

Ovens-Murray region, where it is down 0.7 per cent to

5.3 per cent. Importantly the participation rate in regional Victoria increased by 0.2 per cent in

September to 62.3 per cent.

All this links in, in turn, to our efforts in international trade. I have just come back from a particular trip, and the Premier is about to undertake one. He has spoken of the 64 trips that we have done so far. All these things link into these sorts of very pleasing outcomes. This is a government absolutely committed to the growth of regional Victoria.

Mr ANDREWS (Leader of the Opposition) — My question again is to the Premier. I refer the Premier to his claim yesterday when he said that to improve ambulance services:

You have to provide the emergency departments and hospital beds so that when the ambulances get to the hospitals, the patients can be moved into the hospitals and into the beds.

For the benefit of the house and to put these numbers in context, there are now 32 500 more jobs in regional

Victoria than when we as a coalition government were elected to office in 2010. In November 2010 when we were elected to office the regional unemployment rate was 5.7 per cent; it is now 4.8 per cent. Victoria has the lowest regional unemployment rate of any state in the

Australian nation. It is 1.2 percentage points below the national regional average of 6 per cent. This is not being glib or otherwise treating these figures in any presumptive fashion, because I do recognise they flex from time to time, but they are pleasing and it is clear that our efforts as a government in supporting industry development and growing jobs are paying dividends for the people in our regional communities.

Of course everybody in the house is aware of the contribution to these outcomes of our $1 billion

Regional Growth Fund. At the end of September 2013 around $350 million from that fund had been approved.

It supports more than 1200 projects worth a total of over $1.4 billion. Simply through the economic infrastructure program — just through that element of it alone — we have announced a total of 49 projects worth almost $370 million, delivering more than

3500 direct jobs and over 4700 indirect jobs.

Some great recent examples of that funding include

$500 000 that I was able to announce in relation to the

I ask: how many extra beds has the government opened in the last three years at the Monash Medical Centre in

Clayton?

Dr honourable member for his question and for his belated interest in health in Victoria. I can advise the member that we are undertaking the most significant capital works program in Victoria’s history in health services across the state.

Ms


Footscray!

Dr

Monash

NAPTHINE

Thomson interjected.

NAPTHINE

Medical Centre beds

(Premier) — I thank the

— There is $4.7 billion worth of capital works across Victoria, which includes building new beds right across the state of Victoria, including at

Monash Medical Centre with the Monash Children’s hospital. The Monash Children’s hospital will deliver

64 new beds at Monash. As I have advised the house before, this children’s hospital is not a new concept. It is a concept that was recommended in 2002 under the previous government. But what happened under the previous government was that instead of getting on with the job of building the hospital — —



Mr Andrews — On a point of order, Speaker, most definitely on relevance, the question related to the number of beds the government — that is, this government — has opened in the last three years at

Monash Medical Centre. That is the whole question, and I submit to you, with respect, Speaker, that the

Premier’s answer is in no way relevant. I simply quoted the Premier; there was no assertion, editorial or preamble. It was a simple question, and this is most definitely irrelevant to the question that was asked.

This is a massive project that was originally proposed in 2002 under the previous government. But what we had under the previous government was 12 reviews,

12 master plans — —

The

Premier.

Dr

SPEAKER

NAPTHINE

— Order! That is enough from the

Victorian Comprehensive Cancer Centre, 252 extra beds at the Bendigo Hospital, 221 extra beds at the Box

Hill Hospital — —

— We are delivering 230 extra beds there. We are delivering 81 extra beds at the

Ms Asher — On the point of order, Speaker, the

Leader of the Opposition has taken a number of points of order today, but he is not at liberty to take points of order simply because he does not like the Premier’s answer. That has been the basis of points of order. The question asked by the Leader of the Opposition included an extensive preamble relating to a quote on ambulance services, hospitals beds, emergency departments and what was said yesterday in Parliament.

The preamble was enormously broad. The Premier is being relevant to the question, and the opposition leader is not at liberty to take points of order simply because he does not like the answer he is getting.

Mr Merlino — On the point of order, Speaker, the question contained a quote from the Premier and a very clear, simple question about how many beds have been opened over the last three years at Monash Medical

Centre. I am sure that if the member for Frankston had asked this question, he would — —

Mr on relevance, the question related to Monash Medical

Centre and how many extra beds have been opened by this government in the last three years. The subject matter the Premier is now dealing with is completely irrelevant to the question that was asked, and I ask that you draw him back to it.

The

Andrews — On a point of order, Speaker, again

SPEAKER — Order! I have on a number of occasions explained to this house that the preamble becomes part of the question. The preamble to this question included ambulance services, emergency beds, patients and how many extra beds have been provided at Monash, which relates to Monash hospital; so everything that was put as part of that preamble was part of the question.

Mr Andrews interjected.

Dr NAPTHINE — When you inherit a health situation of the status that we inherited after 11 years of neglect — —

The SPEAKER — Order! The Leader of the

Opposition will be doing a pirouette out of the chamber if he keeps that up.





The SPEAKER — Order! I have just about had enough of the member for Albert Park and his interjections today. If he keeps them up, he will be out of the chamber. I believe the Premier’s answer was relevant to the question that was asked.

Member for Footscray


Footscray can leave the chamber for an hour.

Honourable member for Footscray withdrew from chamber.

Dr NAPTHINE — The question related to new beds at the Monash hospital. I am explaining that we are building a Monash Children’s hospital. I have upto-date information here that suggests that this will deliver 230 additional beds at the hospital —

96 paediatric beds, 12 dedicated children’s cancer day beds, 20 same-day beds, 10 paediatric intensive care beds, 30 neonatal intensive care cots and 28 beds providing special mental health services for children and teens.

QUESTIONS

Monash


WITHOUT

Medical

NOTICE

Centre beds

Dr NAPTHINE (Premier) — We have to crank up the capital works system to fix the problems we inherited from the Labor government. That is why we


Thursday, 17 October 2013 ASSEMBLY are undertaking a record level of investment at the

Frankston, Northern, Werribee, Box Hill, Ballarat,

Bendigo, Geelong and Monash Children’s hospitals.

That is why we are investing massively in new beds in our system: to fix the problem we inherited from

11 years of neglect and mismanagement under the previous government.

3521 building to defend themselves and to provide content that does not accord with the standing orders about being relevant to the question that was asked. We ask you to uphold the standing orders and to bring the minister back to answering the question in a way that befits the office of a minister.

Law and order initiatives


Mr WELLS — I might point out that it is his fault that he is not here. Can I just say — —

Mr WATT (Burwood) — My question is to the

Minister for Police and Emergency Services. Can the minister update the house on how the coalition government is protecting Victorian families and communities through increased investment in law and order measures?

Ms Allan — On a point of order, Speaker, perhaps you could counsel the minister to behave in a way that accords with the standing orders, and you would get your desire of having a smoothly operating Parliament.


Services) — I thank the member for Burwood for his question and for his great interest in law and order. In

2010 the coalition government was elected on a strong law and order platform. We promised 1700 police,

940 protective services officers (PSOs), upgrades to police stations, upgrades to infrastructure at railway stations, tougher sentencing and ending home detention and suspended sentences. It is now time to advise the house on progress to date.


Mr WELLS — The other issue is, of course, the

940 PSOs. What an outstanding success! I can guarantee that no PSO will ever forget the comment made by the member for Monbulk that they were plastic. They will never ever forget that.

Of the 1700 police that were promised at the last election, to date 1286 are now out on the front line.

These extra police are protecting Victorians, and that is an outstanding effort by Victoria Police. More police are deployed all over the state — in Bairnsdale,

Frankston, Sunshine, Swan Hill and Warrnambool.

Interestingly there are now more police in Ashburton, in the electorate of Burwood. On the Labor government’s watch the number of police at Ashburton was cut from 11 to 1. Under the Labor government police were cut from 11 to 1.

As of today there are 488 PSOs on 75 stations and

118 are in training — and that is an outstanding success. They are on stations at Tottenham, West

Footscray, Bayswater, Frankston, Ferntree Gully,

Mentone, Bentleigh, Carrum and Chelsea, just to mention a few. After negotiations with the Chief

Commissioner of Police there is even more good news — that is, that the PSOs will now wait on stations, wait for trains to go and then walk people to the car parks and wait until they are in their cars. This is great news — and it is more evidence that the coalition is absolutely committed to a strong law and order policy in this state.

The member for Burwood made some election commitments to correct the situation. The first thing he did was to promise an upgrade of $500 000, and that has now been done. It was with great pleasure just recently that I was able to stand with the member for

Burwood to make the announcement that the police station is now open seven days a week. Is it not ironic that the former member for Burwood sat back and did nothing, and as soon as he was thrown out he started to scream for more police at Ashburton? On our side we would say he is a hypocrite.

Ms Allan — On a point of order, Speaker, on our side we would like to see the standing orders upheld.

We would say that it reflects very poorly on a minister in this place to attack someone who is not even in this

Teacher remuneration

Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier. Will the Premier guarantee that every teacher in a Victorian state school, assessed as worthy of a pay rise by their school principal, will have that pay rise fully funded?

Dr NAPTHINE (Premier) — I thank the honourable member for his question. There is no doubt that education is a very high priority for this government, and that is why it has been working hard with the Minister for Education and the Minister responsible for the Teaching Profession to make sure our education system is the best in Australia and among the best in the world. We want to provide every child in


3522 ASSEMBLY

Victoria, whether they be in a government school or a non-government school, every opportunity to do their best and be the best. That is our aim and our objective.

Thursday, 17 October 2013 fought for and delivered by the member for Mitcham for her community.

That is why when I came to the role of Premier we worked hard to deliver an enterprise bargaining agreement (EBA) outcome that was satisfactory to the teachers of Victoria and satisfactory to the taxpayers of

Victoria. That was widely applauded across the education sector. That is why the Minister for

Education, the Treasurer and I worked very hard with the federal Labor government to deliver an outcome on the Better Schools plan. It was an absolutely fantastic outcome negotiated with the then federal Minister for

Education, Bill Shorten. I thank Mr Shorten for his cooperation on that matter. It was a difficult and tough negotiation, but we got a great result in funding for

Victoria. We also got what was fundamental to us in

Victoria, which was to make sure that our schools would continue to be managed by local school councils, local school principals and local school communities.

We are very proud of the autonomy of our schools. We are very proud of how our schools run in their local communities.

We are getting on with the job. On 8 October I joined with the Premier to announce the $49 million Narre

Warren-Cranbourne Road duplication. The project to duplicate the Narre Warren-Cranbourne Road from

Pound Road to Thompson Road was awarded to

Winslow Constructors. That is great news for the

29 000 vehicles that use this road every day in Narre

Warren South and Cranbourne. As the Premier and I stood there, over our shoulders the traffic was snaking along at about 15 to 20 kilometres an hour on an 80kilometre-an-hour road. We will free up that road, we will improve safety along that road and, as I said, those

29 000 vehicles will be able to move safely and freely along the upgraded section of road.

In relation to the $156 million Dingley bypass, we are again getting on with the job. Theiss, Abigroup and

BMD Constructions have been short-listed to tender, with construction to start in 2014. When it is completed more than 45 000 vehicles a day are expected to use the

Dingley bypass. That is great news for the industries and businesses located between Dandenong and

Mordialloc. With respect to teachers’ pay, teachers deserve fair and reasonable pay and fair and reasonable conditions, and that is why we made the EBA to deliver them the fair and reasonable pay outcomes they deserve. Now we have a situation where that is being implemented and will continue to be implemented. Local school principals and local school management will assess teachers according to their merit and according to their performance, and teachers who do their job well and meet the key criteria will be rewarded with the pay and conditions they deserve. That is what will happen across the state of Victoria because we care about education, we care about teachers and we want to make sure that the teachers of Victoria have every opportunity to provide good education to our children.

Then there is the $418 million to remove dangerous level crossings, including at Springvale Road,

Springvale, and Mitcham and Rooks roads, Mitcham.

These projects are supporting around 140 new jobs.

That is good news for the people of Clayton, Mulgrave,

Lyndhurst, Mordialloc, Mitcham and Forest Hill. There is $52.3 million allocated for the pipeline of additional grade separation projects for preliminary works and planning. Those projects are at Ormond, St Albans,

Blackburn, Glen Iris and at Mountain Highway and

Scoresby Road in Bayswater.

Ms

Transport

RYALL infrastructure

(Mitcham) — My question is to the

Minister for Public Transport, who is also the Minister for Roads. Can the minister update the house on key public transport and road infrastructure that will help to grow the economy and improve the lives of Victorian families and communities?

Mr MULDER (Minister for Public Transport) — I thank the member for Mitcham for her question and of course for her very strong interest in grade separation projects in particular. I know she will often pass by the

Mitcham Road and Rooks Road grade separations

I turn to the $4.8 billion regional rail link project. The

Premier and I were out there again on the weekend as the West Footscray station was opened well ahead of time. The project ran ahead of time and within budget.

The project has created 3481 jobs and 2700 indirect jobs and is putting $25 million into the Victorian economy each week. We are also providing facilities for protective services officers, keeping ahead of the recruitment program to make sure those officers have a place to stay. Bentleigh, Carrum, Frankston, Mitcham,

Narre Warren, Eltham and Werribee have all been allocated protective services officers.

There is the great Koo Wee Rup bypass. Again we are getting on with the job to deliver those great projects.

There is also the $100 million Maintaining Our Rail

Network Fund. We have all heard a lot about the


Thursday, 17 October 2013 ASSEMBLY east–west link. We know there is support for the east–west link from Bill Shorten, Cesar Melhem, the

Australian Workers Union and the Australian Industry

Group — and the list goes on. The City of Greater

Dandenong submission on the east–west link — another one we have found from 2007 — said it would

‘support a solution linking the Eastern Freeway to

CityLink’. That is another one supporting this great project.

3523

17 per cent increase from 2010. The Leader of the

Opposition said less money is being spent on vocational education and training. That is simply not true. He said there is less money being provided to Holmesglen institute. That is simply not true. We cannot trust anything the Leader of the Opposition tells this house.

Of course not everyone is in favour of these projects.

You have only to consider the Springvale Road grade separation project to understand what a lazy group of

MPs represent that part of the state. Have a look at the

Victorian Electoral Commission districts — Clayton,

Lyndhurst and of course Mulgrave. The Leader of the

Opposition is sitting out there. If you are not for it, you are against it. There is nothing in terms of a commitment to do the Springvale Road grade separation — an absolute lazy disgrace.

TAFE funding

What we are doing in vocational education and training is making sure that we are spending more money concentrating on putting that funding into courses such as apprenticeships, certificate III and certificate IV courses where there are real prospects for long-term employment for people who take those courses, where there are real job needs in the community in our growing economy. That is what we are focusing on. We are focusing on courses where people can develop real skills for real job opportunities and a real future. I come back to where I started from. Under the Labor government funding for course subsidies in the vocational education and training sector was

$855 million; under our government in the last financial year funding was $1.3 billion — more, not less.

Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier. I refer the Premier to his decision to cut $1.2 billion from Victorian TAFEs, including a combined cut of $60 million at Holmesglen and Chisholm TAFEs, costing more than 300 local jobs, and I ask: can the Premier explain to people like

Rebecca from Frankston, whose 19-year-old son has been out of work for more than two years, how these callous cutbacks will help her son get the skills he needs for the job he wants?

Government economic management

Mr MORRIS (Mornington) — My question is to the Treasurer. Can the Treasurer advise the house of recent information indicating the strength of Victoria’s economy and how it is underpinned by the state’s

AAA credit rating and record infrastructure program?

Mr O’BRIEN (Treasurer) — Thank you, Speaker.


Dr NAPTHINE (Premier) — I thank the honourable member for his question, although I do not accept the premise of his question because again the

Leader of the Opposition is wrong. The Leader of the

Opposition has consistently come in here and provided misinformation and misleading information to the house in question time. Let me advise the house in regard to vocational education and training funding.

Mr O’BRIEN — They do not like good news, I thank the member for Mornington for his question because, as the Premier and the Deputy Premier mentioned today, there have been some very good reports and information on the state of the Victorian economy. As the Premier did, I will refer to the Deloitte report and a media release from that organisation launching the report headed The Times Will Suit

Victoria . It states:

Under the Labor government vocational education and training funding in Victoria totalled $855 million. That is how much it allocated for a year of vocational education and training funding. The current funding in

2012–13, the actual spending on core subsidies under this government, is $1.3 billion. When I went to school

$1.3 billion was more than $855 million. Under Labor it was $855 million; under this government it is

$1.3 billion.

I refer to the issue of Holmesglen institute. I am advised that last financial year Holmesglen institute received

$87.3 million from the state government, which is a

Victoria is superbly positioned to capitalise on Australia’s next boom.

It further states:

… the state is much better placed to surf the waves of the future. The drivers of growth in Australia’s economy are changing — and they are changing in a way that is particularly well suited to Victoria’s sectoral strengths.

Deloitte has identified five super growth sectors, including international education (which is already Victoria’s largest export earner), gas, wealth management, agribusiness and tourism.


3524

It goes on to say:

The Deloitte analysis finds that differences in scale of opportunities between the last boom and potential coming waves are more stark in Victoria than in any other state.

Across Australia as a whole the five super growth sectors are forecast to offer a similar size opportunity to Australia as mining once did.

ASSEMBLY Thursday, 17 October 2013 infrastructure and with manageable debt. That is what they have got in Victoria, and that is why we have a

AAA stable credit rating. That is why we are the only state in the country in surplus and forecast to stay in surplus over the next four years, and this is underpinning Victoria’s continued economic growth.

So they are comparing these sectors to mining.

WORKPLACE INJURY REHABILITATION

AND COMPENSATION BILL 2013

But for Victoria, these opportunities aren’t merely ‘similarly sized’ — they are strikingly different — with the five super growth sectors more than five times larger than Victoria’s mining sector. Debate resumed.

Second reading

‘That combination spells success’, said Victorian managing partner of Deloitte, Geoff Roberts.

Mr WATT (Burwood) — I rise to speak on the


Bill 2013. On top of that we heard about the terrific regional unemployment figures from the Deputy Premier. The fact that we have the lowest regional unemployment of any state in the country is good news for this state and good news for young people looking for job opportunities. The fact that it is considerably lower than when we came to office is an indication that our economic strategy is working. We are building budget capacity so that we can invest in infrastructure to grow the economy and provide better job opportunities, on top of the $316 million surplus that was reported for the

2012–13 financial year and the fact that unemployment came in at under the forecast average. This is all good news.



Burwood was on his feet.

Mr WATT — I will not take too long. I want to make a couple of comments on some of the contributions made by other members. The member for

Melbourne said that the way we treat injured workers is vitally important, and the member for Brunswick said that workers’ ability to return home safe at night is at the heart of the Labor Party’s beliefs. Considering the comments they made previously to other members, I find that to be hypocritical.

I recently had the opportunity to travel to New York as part of a financial roadshow. I was with the Secretary of the Department of Treasury and Finance and the chief executives of Victorian Funds Management

Corporation and Treasury Corporation of Victoria. The roadshow enabled us to meet with a number of banks, global funds managers, pension funds and rating agencies to discuss the state of Victoria’s economy. I did not stumble over the Leader of the Opposition or the members for Preston or Tarneit, who I understand were in New York at the same time. I hope they heard the same — —

The SPEAKER — Order! I am looking for some guidance here. It is my understanding that the member for Ballarat West has the call.


Small Business) — We want to conclude the secondreading debate on the bill. The Treasurer has advised me there is no need for him to sum up. We want to move on to the consideration-in-detail stage of this bill to allow amendments to be moved as per the agreement between the government and the opposition.


The SPEAKER — Order! The Leader of the

Opposition and the member for Richmond should settle down.

The SPEAKER — Order! We have reached the end of the debate in regard to members from each side of the house. Does the minister wish to sum up?

Mr O’BRIEN (Treasurer) — No, Speaker.

Mr O’BRIEN — I did not get in any golf, so I may not have run across the Leader of the Opposition — not that there is anything wrong with that! From this roadshow the key message is they want to see a state government with a clear economic strategy, with a surplus budget, with a capacity to invest in


Read second time.

Consideration in detail

Clause 1 agreed to.



Clause

The

Mr

2

DEPUTY

SCOTT

SPEAKER

(Preston) — I move:

1. Clause 2, page 2, line 23, omit “, 640(2)”.

ASSEMBLY

— Order! Before calling the member for Preston, I advise that if his amendment 1 is not agreed to he cannot move amendments 2 and 12, because they are consequential.

3525 claim for impairment benefits and delay the determination of such a claim. We believe the removal of the words ‘or other’ from clause 200 at page 219, line 30, would provide a remedy. If these two words are not removed, there is the potential to create an unfair delay in the hearing of a case in relation to not only those claims but also consequential claims for common-law damages. We regard this as an impost on the rights of injured workers. We seek this amendment, and I understand the government supports it.

As this is a procedural amendment that arises out of other amendments to the act and purely deals with the timing of the bill’s introduction, I do not intend to speak on the amendment as we have a very large number of amendments to get through in the short time available before we move to the guillotine.

Mr O’BRIEN (Treasurer) — The government supports clarification of the intent of the bill and is prepared to support the amendment moved by the member for Preston.

Amendment agreed to.

Mr O’BRIEN (Treasurer) — The government does not oppose the amendment.

Mr SCOTT (Preston) — I move:

4. Clause 200, page 220, line 4, omit “and other”.



2. Clause 2, page 2, line 27, omit “, 640(2)”.

Again, this is a consequential amendment to amendment 1. It is also a procedural amendment that arises in terms of the operation of the bill. It does not go to the substance of the principles involved that have been subject to amendments; therefore as time is short for debating the various amendments, I propose not to go into it in detail. I understand it is also agreed to by the government, so I conclude my remarks there.

Mr O’BRIEN (Treasurer) — The government does not oppose the amendment.

This amendment deals with clause 200 and the same principle. It relates to self-insurers and the deletion of the words ‘and other’ at line 4 on page 220. I wish to touch on the relationship between self-insurers and injured workers. There is variance in the actions of various self-insurers, and there is some concern in these particular cases, as with the previous case, that the

VWA could impose an unreasonable delay due to the broad nature of the words ‘and other’. This establishes the same principle as discussed previously, which is that the grounds upon which the claim could be suspended would include not just the medical evidence but other material.

Amendment clauses

Clause

The DEPUTY SPEAKER — Order! Before calling the member for Preston I advise that if amendment 3 is not agreed to he cannot move amendment 4, as it is consequential.

Mr

3 to

200 agreed

199

SCOTT to; agreed amended to. clause

(Preston) — I move: agreed to;

There are concerns in both cases — although the earlier amendment has been dealt with — that there is not an easy remedy for an injured worker to seek resolution.

These concerns were ably summed up by a letter provided to the Treasurer by the Trades Hall Council.

The letter related to the issue of the claimant having no effective recourse in circumstances where either a selfinsurer or the VWA — in the case of this amendment it was the self-insurer — fails to lift a suspension that is created by these broader grounds, and the remedy of conciliation is not in itself sufficient because of the limitations on compelling a decision to be made.

3. Clause 200, page 219, line 30, omit “or other”.

Clause 200 replaces section 104B(1D) and (1E) of the

Accident Compensation Act 1985. The issue that has arisen is a matter of principle, so I will speak briefly on it. There is an important matter of principle relating to the ability of the Victorian WorkCover Authority

(VWA) or a self-insurer to suspend the processing of a

The comments of the Trades Hall Council were to the effect that either this clause has been poorly drafted or the draft was intended to provide the VWA and selfinsurers — and this amendment refers to selfinsurers — with the capacity to indefinitely delay a resolution of an impairment claim and consequentially the commencement of a serious injury leave application for common-law claims. We regard this as an area


3526 opposition has privately discussed with the government, our view of what constitutes workers

Mr O’BRIEN (Treasurer) — The government, while not necessarily agreeing with the construction of the pre-existing clause in the bill put forward by the member for Preston or indeed other stakeholder organisations that have passed commentary on it, has no objection to the clarification of the effect of the clause or the intent of the operation of the clause.

Therefore we support the amendment.

ASSEMBLY where there are significant issues. They relate to the rights of workers to make common-law claims in particular but also serious injury claims. Without the removal of the words ‘and other’ there is inappropriate potential for a self-insurer, in the case of this clause, to cause unreasonable delay in resolving a claim.

We believe this goes to the nature of the rights that are available to workers. In the construct of rights, as the rights relating to WorkCover is not simply the formal benefits or the calculations of those benefits but the mechanism of accessing those benefits and the procedures that are available to workers in accessing those benefits. We believe this amendment is necessary to protect the rights of workers and to hold the government to account for its promise that there will be no change of benefits in the rewrite of the act. With those brief comments I say that we believe the government will support this amendment and that the opposition will be able to protect the rights of workers in this case.

Thursday, 17 October 2013 also apply in workers compensation. It is something that a number of stakeholders have raised. I know that the Law Institute of Victoria has raised this matter, as have organisations such as the Trades Hall Council. I think it is very important, again, to emphasise from our perspective that the rights of injured workers do not just consist of the formal rights they have under common law or to medical payments nor the bases on which payments are calculated; they include the mechanisms available for workers to avail themselves of those rights, and evidentiary rules are an important part of those.

Having discussed this matter with a number of legal practitioners in the last couple of days and the preceding weeks, I note that this rule is a very important part of the rights of those individuals. We therefore believe that in order to preserve those rights and to ensure that the rewrite of the Accident Compensation

Act 1985 contained within the Workplace Injury

Rehabilitation and Compensation Bill 2013 is in accordance with the position that there is no change to benefits, it is necessary to preserve the evidentiary rules that apply to the cases dealt with by the legislation. It is our view that the Harman rule in this context of workers compensation should be preserved; therefore we have proposed an amendment which has the effect of protecting this important rule of evidence within the context of accident compensation law.


Clause

Mr

201

269 to agreed

SCOTT

268 to; amended agreed to. clause

(Preston) — I move: agreed to;

Mr O’BRIEN (Treasurer) — The government is keen to ensure that the operation of workers compensation matters is dealt with as efficaciously as possible, which benefits all concerned, including injured workers. Again, while not necessarily agreeing with the characterisation of the existing clause, the government, in order to facilitate support for this very important bill, will not be opposing the member’s amendment.

5. Clause 269, line 17, omit “evidence given or”.

Amendment agreed to; amended clause agreed to; clauses 270 to 312 agreed to. Clause 269 relates essentially to what is referred to as the Harman rule, which is a rule in the common law relating to evidence. It has been described in a number of ways, but in essence says that evidence and material should not be used in proceedings other than the subject proceedings for which they were gathered. I touched upon it in the second-reading debate. It is essentially a rule that exists to protect persons by limiting the contexts in which evidence and information garnered in one case can be used in another.

Clause

The DEPUTY SPEAKER — Order! Before calling the member for Preston, I advise that if his amendment 7 is not agreed to, he will not be able to move his amendments 9 and 10, as they are consequential.

Mr

313

SCOTT (Preston) — I move:

I would note that this rule has been preserved in such areas of human endeavour as the legislation relating to the Ombudsman’s office and IBAC, and it is the view of the Labor opposition that this rule of evidence should

6. Clause 313, page 323, line 7, after “question” insert

“relating to a claim for a benefit under Part 5”.



I would like to touch upon the work that has been undertaken within the trade union movement in relation to this amendment. The issue of medical panels — and this amendment deals with medical panel opinions and how they treat — —

DEPUTY SPEAKER — Order! I just want to confirm: is the member moving his amendments 6 and

7?

The

There is a further element to this, however, which is also a matter currently before the courts, and I think it is appropriate that the courts deal with that matter in such circumstances. For the two reasons referred to, the opposition believes clause 313 should be amended in order to preserve the current situation relating to the ability to seek judicial review of medical panel opinions.

Mr SCOTT will just move the first amendment. I thought we were dealing with amendment 6; I am moving that amendment.

— Do we move them concurrently? I

As I was saying, I would just like to touch upon the important work that has been undertaken by members of the trade union movement, particularly by Mr Geoff

Lewin, who alerted a number of people in the trade union movement and the broader legal community to the issue of this clause and its effect on medical panel opinions. This issue essentially relates to the judiciability of medical panel opinions and the context in which they can be subject to judicial review. The existing clause in effect limits the ability to review medical panel opinions on the basis of their reasoning.

There is a case known as Kocak currently on appeal to the High Court, which has been referred to in the debate previously.

As I am a lawyer I am trying to be very careful with my words, but essentially the decisions of medical panels have been found to be able to be appealed on the basis of their reasoning: if their reasoning is inadequate, they can be appealed. This matter is one of some concern, obviously, particularly to injured workers and their representatives, including legal representatives, though it could also be employers, the Victorian WorkCover

Authority or self-insurers who could bring such actions, because it has been found in a number of cases that the reasoning of medical panels can be inadequate, and this has formed the basis of legal challenge. This is obviously something that is currently before the High

Court.

Those matters will be dealt with by the High Court, but we believe it is appropriate that the Parliament not seek to make the current High Court proceedings irrelevant by amending the act in such a way that removes the issue that is currently before the court. The opposition believes that should happen for those two reasons, particularly the preservation of workers rights to seek review as they exist currently. That is because, as was previously referred to, the legislation has been promised, and I think the government’s agreement to the amendments via the opposition’s amendments will in some cases give effect to that promise.

On many occasions, including at both public and private briefings, it was said to have been designed not to seek to change the rights of workers. If you are removing a right under certain circumstances to challenge an opinion and reducing the grounds upon which a medical panel opinion can be challenged and overturned, there is a further issue relating to this to which I referred on some of the other amendments, and that relates to the remedies that are available. I will leave my comments at that.

Mr RYAN (Minister for State Development) — Just briefly, I hear what the member says in terms of his commentary around this. I will make a relatively minor point, if I may, which is that this is around the issue of not requiring a level of reasoning that would reflect what is loosely termed ‘judicial expectation’, with due respect to those who are involved in the process. The government does not oppose the proposition that is countenanced in the amendment. In fairness I think if the arguments put by the member are supplemented by that additional point, that would perhaps make it a more holistic way of framing it.

There are a few reasons for concern. Again, we in the opposition believe the rewrite of the Workplace Injury

Rehabilitation and Compensation Bill should not involve a diminution of the rights of workers, and to reduce the ability of injured workers to appeal or seek redress for the inadequacy of the reasoning of a medical panel is quite evidently a reduction in the rights of injured workers. On that simple basis we are seeking to amend this clause.

Mr McGUIRE (Broadmeadows) — I just want to make sure that there is clarity here that there is no diminishing of rights. The member for Preston has outlined the key principles around which the Labor

Party and the stakeholders that it represents see this, so we are going on good faith on the proposition that there will be no diminishing of rights and that the access to benefits is upheld. Given the court action, particularly before the High Court, we seek that this amendment go through. We just want to make sure that that is upheld.


3528



7. Clause 313, page 324, lines 1 to 16, omit subclauses (5) and (6).


7 are related and essentially deal with the issue around medical panel opinions.

Amendment clauses 314 to agreed

332 to; amended agreed to. clause agreed to;

Clause 333


In a sense we could have dealt with amendments 6 and

7 concurrently, but I will make a few other points in relation to the issues that are essentially the same in relation to those clauses. There is also an issue in relation to the remedy that can be sought. My understanding is that if the original clause stands unamended, there will be a limitation on the remedy whereby if there were a successful challenge to a medical opinion, the remedy would be that further information would be sought from the original medical panel, which could then in effect provide further information. That creates an issue about a panel effectively fixing faulty reasoning, about which the opposition and other stakeholders such as the Law

Institute of Victoria, I understand, have some concerns about.

My understanding is that if the amendment is passed, what would happen is that the status quo that now exists would stand, which is that if an opinion is quashed because of inadequate reasoning a fresh opinion would be sought. It is my understanding that the usual practice is that that opinion can be from the same panel but usually it will be from a new panel.

That seems to the opposition to be a sensible way through these particular issues. Because the advice I have received is that if you remit a medical panel opinion back to the original medical panel to provide additional reasoning, that can create its own issues.

That matter has been raised by legal practitioners in relation to not just this amendment but also the previous amendment, which with the indulgence of the house could have been dealt with concurrently with this one because they are interrelated.

This amendment, as I have stated previously, is about protecting rights. The Deputy Premier raised the nature of the requirement in terms of further reasoning. I heard a reference to a new judicial standard — that was the language used — and the requirements of medical panel opinions to be intellectually and internally coherent. That has been an issue. But as I said previously, the view of the opposition is that the government has given an undertaking that rights would be preserved. Clearly if there is a diminishing of the grounds upon which a medical panel opinion can be appealed, our view is that that is a reduction in rights and is therefore not in the spirit of the promises that have been given in relation to this bill. Therefore we would seek the further amendment. Amendments 6 and

8. Clause 333, page 346, lines 1 to 4, omit subclause (2) and insert —

This amendment is slightly different from the amendments I have discussed previously. The advice that I have received from those who are more schooled in such matters than I is that this relates to what is believed to be a drafting error; it does not go to the issues and principles that have been raised about a number of other amendments, particularly amendments 3 to 7. In relation to the discussions I have had with the minister and others there has been a series of drafts undertaken by parliamentary counsel and the understanding is that the same remedy was provided for the issues raised by both myself and the minister in the drafting provided. Therefore this is simply a drafting error in terms of responding to issues in the bill and does not go to matters relating to workers rights.

However, it is the belief of the opposition that drafting errors that have been identified earlier should be fixed where possible.

There are a number of other matters in relation to numbering that have been raised. Unfortunately there has been no time available to deal with those matters — and this was raised at an earlier juncture — but I expect those other areas will be dealt with in the other place and come back here. That is agreed as long as they are within the construct of the numbering errors that have been put before us. In defence of all of those who were involved in drafting this bill, it is 749 pages long, with over 600 clauses, many of which are quite complex. It is a significant piece of work. Obviously the opposition is quite keen to see drafting errors that do not relate to principle per se resolved in the spirit of ensuring that workers compensation operates effectively. With those brief comments, I commend the amendment.

Mr

“( ) Subsection (1) does not apply to the commencement of proceedings brought in accordance with leave given under section 335(2)(d).”.

O’BRIEN (Treasurer) — The government believes it is appropriate that it be clarified that the prelitigation requirements set out in section 333(1) also apply when a worker is granted leave to bring commonlaw proceedings following application to the court. We

Thursday, 17 October 2013 believe that the member for Preston’s amendment will seek to provide clarification. On that basis, we will support it.


Clause

Mr

334

618 to agreed

SCOTT

617 to; amended agreed to.

9. Clause 618, line 13, omit “313(5),”. clause

(Preston) — I move: agreed

ASSEMBLY to;

3529

The professionalism, dedication and the courtesy that has been shown to me during these proceedings reflects very well on the parliamentary counsel’s office and the work that it undertakes on behalf of all members of

Parliament. It is not a usual circumstance that opposition members of Parliament use its services, particularly not in circumstances where their amendments are passed in the lower house — or in the upper house, for that matter. It is important to take the opportunity during this debate to thank the office for its work. It is highly professional and impartial, and frankly the Parliament could not function without the dedication, attention to detail and knowledge of the legislation demonstrated by parliamentary counsel. It is a very impressive thing to interact with.

In dealing with this amendment I think it is important to understand that it is a consequential amendment.

Clause 618, as I was advised by parliamentary counsel, relates to the fact that the accident compensation legislation lives on and there are a number of consequential amendments that arise. This amendment relates to clause 313(5). It is a consequential amendment that relates to amendment 7, which sought to omit clause 313(5) and was passed previously. This matter again relates to the issue of medical panels and medical panel opinions but in itself is a consequence of the previous amendment, which has already passed.

Frankly, it is my understanding that the bill would be unworkable if such consequential amendments were not passed. Since amendment 7 has been passed it would be nonsensical not to proceed to pass this amendment. On that basis I recommend the amendment be passed.

Mr O’BRIEN (Treasurer) — The government does not oppose this consequential amendment.

On the basis of those brief comments, given that this is a simple consequential amendment, I would again recommend that the amendment be passed.

Mr O’BRIEN professionalism of parliamentary counsel. It not only helps this place function better but we also get better laws for the people of Victoria as a result of its professionalism.

(Treasurer) — In supporting the consequential amendment, I endorse the comments of the member for Preston in praise of the Office of the

Chief Parliamentary Counsel. I can recall as a shadow minister having a number of discussions with that office over various amendments, none of which succeeded in this house but which got a run in the other place from time to time. The numbers were a little bit different back then! I endorse the comments about the

Amendment agreed to; amended clause agreed to; clauses 619 to 625 agreed to.

Clause 626



Amendment clauses 627

Clause 635 to agreed

634 to; amended agreed to. clause agreed to;

10. Clause 626, page 643, lines 7 to 26, omit subclause (8).

Again, this amendment is consequential to a previous amendment that has been passed. This was an amendment that was not picked up previously. I would like to take this opportunity to thank the Office of the

Chief Parliamentary Counsel for its professionalism.

Anyone who has dealt with it, as I have been dealing with it in the last 24 hours, would be aware of the professionalism and dedication of its members. This is a simple amendment which was picked up but when amendments were suggested by other stakeholders they did not pick up the consequential amendments and did not deal with the issues of law that arise. Acts of

Parliament like this are very complex things and there are consequential amendments that arise.


11. Clause 635, page 665, lines 22 to 32, omit subclause (1) and insert —

‘( ) In section 104B(1) of the Accident Compensation

Act 1985 for “this section applies” substitute “this section, and section 6(1) and Divisions 1 and 2 of

Part 2 of the Workplace Injury Rehabilitation and

Compensation Act 2013 apply.”.’.

I have moved amendment 11 in an amended form so the amendment is opened and closed by quotes — there is a typographical error that requires fixing. Despite that, I reiterate my earlier comments. For the record it is worth discussing the time lines available to parliamentary counsel in this context. The discussion that took place between myself and the minister finalised an in-principle agreement at 8 o’clock last


3530 ASSEMBLY night. It was only early this morning that it was possible to have a proper, detailed discussion with the Office of the Chief Parliamentary Counsel. Therefore the fact that there is a single typographical error reflects in no way upon the professionalism of that office; in fact it reflects the ability of parliamentarians to deliver up work of a complex nature at a very late stage of the process.

Clause 640

Mr SCOTT


(Preston) — I move:

12. Clause 640, lines 23 to 29, omit subclause (2).

Again, this is a consequential amendment relating to matters dealt with in the previous amendments.

This is a consequential amendment and again one that was not identified by stakeholders when they were looking at the legislation — and those stakeholders include some very well-renumerated members of the legal fraternity! Despite the typographical error I would like to again reiterate and put on record that this process was undertaken in a very truncated time line. If the time line had been a bit longer, I suspect there would be a few other amendments relating to minor technical matters which have been subsequently identified. But in the time that was available and considering the nature of this sort of legislation, the complexity of the rewrite of the act and the consequential issues that arise, I would again say that the work that has been done has been invaluable. This is also true of the work of the clerks in facilitating the proceedings of the house and also working through the issues and procedural issues that arise in such a debate.

This has been a very important process whereby matters that relate to the rights of workers have been brought into this place and opposition amendments successfully made which, in our view, protect members of the community and injured workers in particular and ensure that we have a continuation of existing rights. It is important that Parliament respect the rights of injured workers and ensure that in the very long rewrite of the act no rights were lost. Although we had been assured at earlier junctures that changes had not been made to the rights of individual workers, it was our belief that was not the case. I am not expecting the minister to agree with that contention, but I think it is fairly selfevident that changes had been made that changed the rights of workers, particularly with reference to the three matters that were dealt with in clauses 200, 269 and 313 and the various amendments that related to those clauses.

It is worth placing on the record my appreciation — and I would hope that other members would also place on record their appreciation — for the work done by the clerks in the context of such debates. This work was done in a period of less than 24 hours, and from this morning to this afternoon is when the substance of this debate had to be dealt with. I again would like to place on the record my gratitude to those who have been involved and who make this Parliament function. I could make a joke about herding cats in terms of parliamentarians and their behaviour, but I will refrain from doing so! This has been an example of the professionalism of Victorian Parliament. Victoria is a well-governed place compared with a number of other jurisdictions, whoever is in power, because of the dedication and work of such individuals.

It is critical to understand that through this process, and through the ability of the Parliament to deal with these matters, the opposition has been able to move amendments which give effect to the protection of those rights. The last of these amendments is appropriate. It is also nice to be able to conduct legislative business in this place, which in a way is highly unusual in this form. Plenty of rhetoric takes place in the Assembly, and perhaps that is the nature of this house of government, whoever is in power. I am sure members opposite are accorded a similar amount of opportunity.


Mr O’BRIEN (Treasurer) — In supporting the amendment put forward by the member for Preston, and in the interests of promptness of debate, I would simply endorse his comments, particularly in relation to the work of the clerks in terms of what have been some challenging time lines. I think we have much better legislation as a result.

Mr SCOTT — I did not ask for more. It is very important that Parliament act to protect the rights of workers, and I think it is no accident that the requirement to get a statutory majority has driven aspects of this process. Quite frankly, you would have to be fairly naive not to believe that, considering the discussions that have taken place. For the opposition it is a very significant thing that Parliament has acted to remedy what it believed had been shortcomings in the original legislation and ensure that the rights of injured workers are protected in their current form.

Amendment agreed to; amended clause agreed to; clauses 636 to 639 agreed to.

There has not been an additional right put on the table by us as part of this process. This has been about remedying what we believed to be flaws in the


Thursday, 17 October 2013 ASSEMBLY 3531 legislation where rights had been undermined, particularly in a context where those rights had been promised. A promise had been made that there would be no change to benefits. As I said, we perhaps take a more broad construct of what benefits consist of, but that is a philosophical difference and relates to the different ideas held by the different political parties in this place. Apart from anything else, it is a more interesting process to participate in as a shadow minister than the rhetorical processes we enter into, enjoyable as they often are, and to get into the meat and drink of individual clauses in bills and to see how they relate to the rights of those Victorians who are often in very vulnerable situations and whose care we are entrusted with in a very real way.

This is the last of the amendments standing in my name. I understand it has the support of the government. I would like to again place on the record my gratitude to those members of the community, the trade unions and the legal fraternity who have assisted me with this process. As I said previously, the Office of the Parliamentary Counsel and those who work in this humble place, the clerks, have done so much to ensure that I have been able to perform this small role in ensuring what I believe to be better legislation being passed in the Parliament. It is perhaps something that takes place more often in other jurisdictions, but I accept the earlier comments that it is not a universally exclusive issue. With those brief comments I commend the amendment to the house. this chamber today has delivered improvements to the bill, which both sides of this government can be proud of.

Mr McGUIRE world-class workers compensation scheme and occupational health and safety regime. What has happened today has actually enhanced that, and that goes to the quality and calibre of the people who have come together on this. I will not go to the issue of motive; I will just go to the result we have achieved. It has fitted within the guidelines and the principles that have been established on rights and entitlements. For

Labor this issue is emblematic, because benefits have been hard won in the past. What we are trying to do is to build an enlightened community and an enlightened state, and in the hierarchy of the principles concerning this matter, protecting the health and wellbeing of workers is paramount. As any business owner or operator knows, it is in their enlightened self-interest to have a healthy workplace and compensation system that helps workers recover faster, return to work, become more productive and lead a full life. With those few comments, I commend the amended bill to the house. I note that this is the first time in the 57th

Parliament that this has occurred. We hope it can happen more often.

Amendment clauses to.

641 to

(Broadmeadows) — Victoria has a agreed

650 to; amended agreed to; clause schedules 1 agreed to 9 to; agreed

Bill agreed to with amendments. Mr O’BRIEN (Treasurer) — The government does not oppose the consequential amendment. I reiterate what I said in the second-reading speech that the rewrite of this substantial legislation has been undertaken on a no-benefit-change basis, although the member for Preston may have a slightly different view of what ‘no benefit change’ entails. We accept that this is a very important piece of legislation. It considerably simplifies and makes function better what is a very important piece of legislation to not only protect the rights of injured workers but also to improve the productivity of the Victorian economy.

The DEPUTY SPEAKER — Order! I advise the house that I am of the opinion that the third reading of this bill requires to be passed by an absolute majority.

As there is not an absolute majority of the members of the house present, I ask the Clerk to ring the bells.

Bells rung.

Members having

Third reading assembled in chamber:

We want to have safe workplaces; they are very important on a human basis for employees who go to work every day and who have a right to come home safely, and they are also very important for our economy so that we can function as a modern and effective economy. The substantial rewrite of this legislation achieves that end, and we welcome the constructive engagement with the opposition, particularly the member for Preston, in relation to these amendments. This will be a vast improvement to what is important legislation for the people of Victoria.

While there may well be some further tidying up in another place, I think the work that has been done by

Motion

Read

Mr agreed third

Security).

WALSH to time.

FISHERIES

Debate resumed by absolute for majority.

AMENDMENT

Second reading from

(Minister

16 October;

BILL motion

Agriculture and

2013 of

Food


3532

An

Mr honourable

WELLER member interjected.

— You can in the dams. Within my electorate there are great fishing opportunities along the

Murray River, Waranga Basin, Greens Lake, Lake

Eppalock, the Campaspe River and the Goulburn River.

There will be great fishing opportunities in the electorate of Rodney for another 13 months! There are golden perch, Murray cod, redfin and even a few trout in the upper reaches of the Campaspe River.

ASSEMBLY

Mr WELLER (Rodney) — It gives me great pleasure to rise this afternoon to speak on the Fisheries

Amendment Bill 2013. As a recreational fisher it is a pleasure to talk about some of my experiences as a kid fishing redfin on the spinner in the local channels. We used to catch quite a few. We also used to catch a few yabbies in the channels up our way — a 2 1

⁄

2

pounder was a big one in the channel — and in farm dams in particular you always got the biggest yabbies in the first net you pulled out. They got smaller as you went on.

Thursday, 17 October 2013 council is: a council made up of stakeholders putting forward their ideas on the best way to manage fisheries resources in Victoria, not only for the fishing industry but for the very important recreational fishing fraternity in Victoria.

I note that the member for Yuroke has returned to the chamber. I read her contribution to the debate on this bill in Hansard . The member for Yuroke spoke about how diverse this state is and about catching black bream with prawns and worms in the Maribyrnong

River. I suggest to the house that this shows the diversity of our fisheries resources. If you were going to the Murray River rather than the Maribyrnong River, you would be fishing with bardi grubs or small yabbies, or you would use a spinner. Small yabbies or worms cannot be reused, but if you have a spinner, it can be reused. It is sustainable and good for the environment to use a spinner to attract the fish. The fish love being attracted to these shiny things spinning in the water; it is exercise for them!

This government has a proud record of investing in the fishing industry and recreational fishing in my electorate. We have invested money in a new boat ramp on Gunbower Creek towards Koondrook, out from

Cohuna; we made an investment there to help recreational fishers. We have also released golden perch fingerlings into Kow Swamp and the Campaspe

River. It is quite important to restock fish numbers.

We have had 64-pound cod caught in the river near

Echuca. They have been released, so they are still there to catch. For fishers who would like to come and spend a weekend in Echuca, there are a great number of large fish to be caught and released. You can have a photo taken with them.

Ms Asher — You can kiss them!

The most important part of this bill is clause 4, which establishes the Fisheries Advisory Council, made up of

14 members. The chairperson must be independent of the commercial and recreational fishing sectors. The other members must represent the interests of various fishing sectors, both commercial and recreational, in

Victoria and the commonwealth. In addition there must be a member who represents the Aboriginal community’s interest, a fisheries ecologist with experience in the sustainable use of aquatic resources and an economist who has knowledge and experience in fisheries or natural resources economics.

I understand that opposition members have some scepticism about how we are going to reach consensus on this council. We have a mature community in

Victoria, and we can all come to agreement on how to sustainably manage resources. Coming from a farming background, I know there are always conflicts. If you get mature people on this council, sitting around making common-sense decisions with the industry, both the recreational fishers and the industry at large, we will come to good, common outcomes. Speaker, you would be well aware that this government values input from stakeholders. That is what this advisory

Mr WELLER — You can even kiss the fish, if that is what you like to do. There are also a great number of yellow-belly, also called golden perch. Can I suggest to members that they take a yellow-belly home and cook it in a pan sautéed with a bit of butter; they are beautiful when cooked in the pan. It is a great way for people to spend a weekend or even a long weekend. They can go up to the Murray River, or the lower reaches of the

Goulburn to do some fishing, spend some money buying bait, ice or even the tackle — you can buy spinners at one of the local stores. I commend the bill to the house.

The SPEAKER — Order! The time set down for consideration of items on the government business program has now expired, and I am required to interrupt business.

Motion

Read

Motion agreed second to. time. agreed to.

Third reading





Second reading

ASSEMBLY 3533

“(a) such number of Judges of the Supreme Court as are appointed by the Governor in Council on the recommendation of the Chief Justice of the Supreme Court; and”;’.

2. Clause 4, after line 22 insert —

Debate resumed from 16 October; motion of

Ms WOOLDRIDGE (Minister for Mental Health).


‘( ) in paragraph (b), for “one or more Judges of the

County Court” substitute “such number of Judges of the County Court as are”;

( ) in paragraph (c), for “one or more Magistrates” substitute “such number of Magistrates as are”;’.


Third reading

Third reading






PROFESSIONAL BOXING AND COMBAT

SPORTS AMENDMENT BILL 2013 ADJOURNMENT

Second reading



Recreation).



Kalparrin early childhood intervention program





Third reading

Mr BROOKS (Bundoora) — I wish to raise a matter for the attention of the Minister for Children and

Early Childhood Development, and the action I seek is for the minister to meet with Kalparrin early childhood intervention service in Greensborough to clearly explain the funding criteria and how it would be able to achieve funding for extra places at that centre.

CORRECTIONS

REFORM)



AMENDMENT

BILL

Second reading

2013

Circulated amendments

Circulated government amendments as follows agreed to:

1. Clause 4, lines 21 and 22, omit all words and expressions on these lines and insert —

‘(a) for paragraph (a) substitute —

(PAROLE



Services).

Kalparrin early childhood intervention service in

Greensborough is a fantastic community-based service for children with a range of disabilities and learning delays that helps prepare them for school and for other programs. There are over 140 children who are from not just the Greensborough area but the north-eastern parts of Melbourne and might have Asperger’s, autism, developmental delays, physical disabilities, psychiatric disabilities and in some cases speech delays. This is a centre that has served my local community for many years and is a much-loved part of Greensborough.

There now have been two funding rounds of 500 places across the state at which the minister has announced placements, and on both those occasions Kalparrin has been neglected. After Kalparrin missed any places in the first funding round, on 5 September I raised in this place this issue for the minister after a petition of

560 signatures was collected by families connected with Kalparrin calling on the Napthine government to fund those extra places. Unfortunately Kalparrin

ADJOURNMENT

3534 ASSEMBLY families and those who support Kalparrin were bitterly disappointed to find out in early October that Kalparrin again had missed out on funding.

Thursday, 17 October 2013 the uniform they wear. They play for the team, get very passionate about their team and become more reliable as well. We know the benefits we get in our community when people play sport — that is, it is less time for people to be out getting into mischievous things, because they are part of a team and a community.

This is particularly disappointing given that when the petition was tabled in this place, senior leadership from

Kalparrin came into the house and requested a meeting with the Minister for Children and Early Childhood

Development. They were told that she would not meet with them until after the funding round closed. The funding round has now closed. They have missed out.

They have been told they do not meet best practice guidelines, when in fact in the Diamond Valley Leader of 9 October the minister is quoted as having said:

In Cobram, where I live, the Cobram Lawn Tennis

Club is a very active tennis club with a very active

Saturday competition and Thursday night competition.

Most of the businesspeople in the town participate, and they raise a lot of money for a small community. It is also a great way to bring people together for light refreshments and a hit of tennis.

… best practice meant service providers worked with children in a variety of places including their homes and kindergartens, rather than having the families come in to a centre.

The article goes on to say:

Kalparrin general manager Kerry Smithies said the service had followed the best practice model Ms Lovell described for years.

She said the extra 50 places, which would have amounted to more than $376 000, would have made the Greensborough centre more ‘sustainable’.

This is a very important issue for the community in my area, and I call on the minister to meet with Kalparrin to ensure that it has the best chance of obtaining extra places in the future.

Sporting uniform grants program

Mr McCURDY (Murray Valley) — I raise a matter for the Minister for Sport and Recreation, and the action

I seek is some financial support for Murray Valley residents and many of the sports groups we have. As we know, the minister is very passionate about his sport and recreation portfolio and he continues to tell us all to get more people more active more often. That is a great thing, but when we do that all of a sudden I have all these people coming to me looking for sports grants and other grants for sporting facilities. Therefore on the one hand the minister is doing a wonderful job in getting people more active more often, but we have to back that up with further resources. That is what I am looking for today — an opportunity to get some access to the sporting uniform grants program.

As a keen sportsman myself I have always been active in sports, including football, tennis and many other things, and as the minister knows, if you are going to be part of a team, you have to look the part and play the part. You embrace the whole team ethic when you are part of that team, and by getting involved with sporting uniform grants it makes people a little bit more proud of

Some of the sports in my electorate are not necessarily mainstream, such as hockey and swimming. Swimming is popular, but you would not call it as popular as the regular sports of soccer, tennis, football and cricket. Yet hockey and swimming are very important in our community, and some of our clubs are also looking for some support.

Numurkah is an area that I continue to try to support; it was very hard hit by the recent floods, and we continue to rebuild that community. Sadly I will be losing

Numurkah in the redistribution of electoral boundaries, which is a shame, but I will continue to support this group and this community wherever possible over the next 12 to 18 months.

We all know that sport is the lifeblood of our communities, and I seek the minister’s support in assisting to obtain these uniform grants.

Ms

Ocean

NEVILLE

Grove fire services

(Bellarine) — The matter I raise is for the Minister for Police and Emergency Services, and the action I seek is that the minister outline the time lines and process for the Ocean Grove fire station to become fully operational on a full-time basis. When I raised this issue last year the then minister and the

Country Fire Authority (CFA) indicated that this would be achieved and the station would operate full time, or

10/14 as it is known, by September this year or by

Christmas at the very latest.

Bellarine has a wonderful team of committed and dedicated volunteer firefighters who provide a highly professional service right across the Bellarine area. We know that each of the volunteer brigades continues to respond quickly to incidents in their communities. They have done so over generations and continue to deliver the most professional service. Their courage and bravery in coping with often extremely dangerous and

ADJOURNMENT

Thursday, 17 October 2013 population numbers. The new fire station at Ocean

ASSEMBLY difficult incidents is well known. Their capacity to assist and support people in crisis situations is highly regarded, and they are respected and admired throughout our community. They are and will continue to be the lynchpin in delivering fire services in the region.

The population of the Bellarine Peninsula has grown enormously, and the projections are for ever-increasing

Grove was built by the previous government with the intention of ultimately housing paid staff. This government then invested further funding into extending the new building to enable the station to move to full time. Those building works are now completed. As we head towards the summer the risk of bushfires adds to the normal demands on the station’s services. These demands are also increased because towns like Ocean Grove double in size over the summer. Across the Bellarine Peninsula we basically see a doubling of population during the summer period.

The government made a commitment to have the station fully operational by this summer, but now it seems that this has been put on hold.

3535

I request is that he ask his department to look at licensing a retail myki agent in Mount Evelyn. The township of Mount Evelyn has nearly 10 000 residents but nowhere to purchase or top up a myki card. This is a great source of frustration for residents and discourages people from using public transport. Public

Transport Victoria directs people to several locations in

Lilydale, which is 6 kilometres away. Given that public transport passengers would require a bus to get to

Lilydale, it is counterintuitive to have the nearest myki agent in Lilydale.

Mount Evelyn is a great town in the west of the Yarra

Ranges. However, many of its residents need to travel to places such as Lilydale and Ringwood. As such, many Mount Evelyn residents need buses to go about their day-to-day lives, especially senior members of the community. Many other Mount Evelyn residents depend on bus services to travel to Lilydale, where they can interchange onto train services and commute to the

CBD and inner suburban areas for work, study or recreation. Added to this are the infrequent travellers in

Mount Evelyn who only catch the bus and train into

Melbourne for a footy match or an occasional night out and do not regularly top up their myki cards. There are several bus routes running through Mount Evelyn, such as the 663 and 679 services, but an infrequent public transport commuter cannot use these services as they are unable to purchase or top up a myki card on them.

The CFA has said that its priority is to have the

Rowville and Pakenham fire stations staffed full time prior to the Ocean Grove station. This is extremely surprising as neither the Rowville nor Pakenham buildings is ready, with the Rowville building unlikely to be ready until May next year, whereas the building at

Ocean Grove has been completed. The CFA, and surely the minister, must be aware of the comparative status of these facilities. Ocean Grove has been ready to be fully operational for months now, and the government had committed to continue to prioritise this station.

Comparing the call-out figures also highlights the demand on the Ocean Grove station. Since 1 July

Rowville has had 66 call-outs, whereas across at

Bellarine there were 82. It is important to note that

Rowville also has the advantage of a guaranteed response from paid staff from Boronia and Dandenong outside day shift hours.

The CFA has recently indicated that it is reviewing the situation. It is monitoring the levels of service demand and considering whether resourcing should be provided on an ongoing basis. This suggests that the commitment given by the CFA and the minister has changed. I again ask the minister to outline clearly to the community what the situation is and what the time lines will be.

The local post office in Mount Evelyn has applied on numerous occasions to the Transport Ticketing

Authority to become a retail myki agent, with no response to date. Having a conveniently located myki agent in Mount Evelyn would further encourage public transport use in the area, easing traffic congestion and making travel easier for residents. They key to effective and efficient public infrastructure is making it as accessible as possible for all users. Mount Evelyn in some ways is a small country town. Many of its residents frequent the town centre for their everyday needs, such as shopping, paying bills and socialising.

By locating a myki agent conveniently in the heart of

Mount Evelyn the government would help make public transport a much more viable mode of transport for thousands of travellers. I ask the minister to direct his department to look at licensing a retail myki agent in

Mount Evelyn.

Office of Housing member inquiries

Mount Evelyn myki retail agent

Mrs FYFFE (Evelyn) — My request for action is directed to the Minister for Public Transport. The action

Ms KAIROUZ (Kororoit) — I wish to raise a matter for the Minister for Housing. The action I seek is an explanation of what is now apparently government policy, and that is that all inquiries made by members’ electorate offices about issues to do with public

ADJOURNMENT

3536 housing, including things as basic as property maintenance, must be directed to the minister’s office and can no longer go through regional department offices.

ASSEMBLY

I was made aware of this policy change today when a member of my staff was advised by an officer at the western office of the Office of Housing that all inquiries by electorate officers must be directed to the minister’s office. This was in response to an inquiry by a constituent of mine regarding a routine fence maintenance issue. The officer advised my staff member that this directive had been given three weeks ago by the state government. The member of my staff then inquired further about this change in policy and spoke to a staff member within the minister’s office.

The minister’s staff member seemed unsure yet requested the information about the case and said they would ‘deal with it’, implying that this is apparently the new policy and will be part of their work henceforth.

Toolangi

Thursday, 17 October 2013 horticultural sector

Ms McLEISH (Seymour) — I rise to make a request of the Minister for Agriculture and Food

Security. The action I seek is that he travel to Toolangi to meet with representatives of industry bodies and growers in the horticultural sector. I was recently in

Toolangi to meet with George Weda, who is the managing director of Certified Strawberry Runner

Growers Co-operative, and Peter Merriman, the chairman of the Victorian Strawberry Industry

Certification Authority (VSICA). It was very pleasing to hear about the history and success of the industry.

The strawberry certification scheme was established by the Victorian government in 1960 and is recognised worldwide as one of the great success stories in

Australian horticulture. In fact, the co-op in that area is responsible for about 75 per cent of all strawberry plants grown in Australia. It produces something like

55 to 60 million runners or plants a year.

I am concerned that this new policy will only hurt the people who need help the most. This case concerned the repair of a fence — annoying, but not critical or, heaven forbid, unsafe. I am concerned that those who may have more urgent issues will now have to wait an inordinate amount of time to have their problems or disputes resolved. As members of Parliament we often wait months for replies from ministers, and frequently these are only acknowledgment letters and not answers or solutions to the problems raised.

The gagging of Office of Housing staff from liaising and speaking to representatives of local members is despicable. Not only does this directive cast a cloud over the government but it simply does not make sense from a practical perspective when it comes to ensuring timely resolution of the sorts of problems that often arise in the public housing sector.

Close by in Toolangi is ViCSPA, which is the certified potato scheme. I have spoken in the house previously about the Toolangi potato research farm, which was the precursor to this before it was taken over and run by the peak body. ViCSPA provides a range of professional certification and quality assurance services and operates the seed potato certification scheme. It has some

70 growers, who in 2012–13 submitted for certification some 1900 hectares. The potato and strawberry industries have traditionally been based at Toolangi and the work and research the sector does there is admirable, but like many others in the horticultural sector they have concerns for their future. They have had some great successes, and they would love to share some of those successes with the minister. They would also like to talk with him about their future, because like many other growers there are a lot of factors affecting their competitiveness, including overseas competition, regulation, red tape and things like that that they need to deal with and would like to raise with the minister firsthand.

As many members would know, inquiries such as the one my staff member dealt with today are a fundamental part of the work we do as MPs in representing our constituents. For these enquiries to now have to go via a ministerial office is nothing short of baffling. Not only will it add another layer of bureaucracy in solving matters and assisting members of the public, it will also slow down the process of resolving them, apparently even for basic things such as fence maintenance. I can only recoil in horror to think of the possibility that when a constituent has an urgent issue regarding their housing they will now potentially have to wait many months to get that problem resolved.

I ask the minister to investigate and explain this new directive not just for my benefit but for the benefit of all members in this place.

Close by to VSICA and ViCSPA are a couple of wholesale nurseries, including Binz Nursery and

Toolangi Wholesale Nurseries. If the minister had time it would be great if he could visit those nurseries.

Toolangi Wholesale Nurseries is run by the Van der

Vens, who are growers of a large range of exotics, including many rare and unusual plants, plus things that we know such as camellias, rhododendrons, maples, and magnolias. It would be a great boost for those industries and sectors if the minister could visit them and hear some of their issues.

ADJOURNMENT


Geelong truck routes

Mr TREZISE (Geelong) — I raise an issue this afternoon with the Minister for Roads, who is also the

Minister for Public Transport. The action I seek is for him to personally and urgently intervene in a transport issue that has been created by the City of Greater

Geelong, which has decided to stop trucks using

Mercer and Malop streets in Geelong, which in turn will result in these 1000-plus trucks a day rolling down the residential streets of Ryrie Street and McKillop

Street. I raise this issue because this decision was taken without any thought or consultation with the residents who will be affected by this decision. concerns with what the council has done and how it

Authority (CFA), St Mary’s Primary School or

Ambulance Victoria, which is building a new station on

McKillop Street. No resident or organisation received any notification; they read about it in the Geelong

Advertiser . The council either could not be bothered to consult with residents and affected organisations or tried to keep it quiet, which I can assure you, Speaker, was an impossible task. Either way not to consult on such an important and ongoing issue reflects very

The other obvious core issue here is the fact that with this decision, as I said, 1000-plus trucks a day will now be forced down McKillop and Ryrie streets. As residents know, this will have a significant and detrimental impact on their homes, many of which are set on the verge of the roadside with little setback. In addition, organisations such as the CFA, whose

Geelong station is on McKillop Street, and St Mary’s

Primary School, whose playground is also on McKillop

Street, will both be significantly impacted by this decision. The issue of east–west traffic movement across Geelong and in particular the inner suburbs of

Geelong and in the CBD is not new. I have been fighting hard for the residents on this matter for at least

10 years, and in doing so I call on the City of Greater

Geelong to reconsider this ad hoc decision and instead sit down with the state government, sit down with

VicRoads, sit down with local residents and sit down with other affected parties and address the issue in a strategic and sensible manner.

ASSEMBLY 3537

There is no easy answer, but this issue cannot be resolved by simply closing off Malop Street. I also point out to the minister that the previous state government spent $63 million on a bridge across the breakwater, which should be used effectively in resolving this issue but which I do not think has been used to date. I would appreciate the intervention of the

Minister for Roads on this matter.

In raising this matter with the minister I have two major went about making its decision. Firstly, as I just said, the council did not have the courtesy or the thought to at the very least consult with or notify affected residents in Ryrie and McKillop streets, and nor did it bother to contact other affected bodies, such as the Country Fire poorly on the council and the councillors. As far as I am concerned, and I know local residents are concerned, the council stands condemned for its lack of consultation.

Mordialloc electorate sporting facilities

Ms WREFORD (Mordialloc) — I raise a matter for the Minister for Sport and Recreation. The action I seek is that the minister come to visit sporting facilities in my electorate. This is an interesting time in the

Mordialloc electorate. In the not too distant past, I have attended centenary celebrations for Mordialloc Bowls

Club and Woodlands Golf Club. In addition to those clubs, many other clubs in the district have been around for a very long time. These are magnificent achievements, and they come about only when clubs are well managed over a long period of time. However, needs change and facilities age and require the occasional overhaul.

A very good example of this is Mordialloc Sporting

Club at Ben Kavanagh Reserve, which is a very community-driven club. Among a wealth of other uses it is home to Mordialloc Football Club, Mordialloc

Cricket Club, Mordialloc Bowls Club and even a darts club. Can members imagine what happens when all the groups get their heads together? They have come up with a unique and innovative plan that will bring great benefits to the broader community. In a nutshell, they want to redevelop the facility at Ben Kavanagh Reserve into something that centralises activity. At the moment there is a bowls club with its clubhouse, and football, cricket and darts are played in a well-aged pavilion. The spaces are not really appropriate for the needs of a modern community club.

Mordialloc Sporting Club has a very large collective membership and wants to create a far more integrated facility, which can be done without relocating the various playing surfaces. Kingston City Council acknowledges that the structures at the reserve need major work and has set aside significant money for redevelopment in its forward budget estimates. This means there is a unique opportunity to investigate and maybe develop something special. Mordialloc is changing right now. It is growing, and the population is being renewed with younger people who want to be involved in sporting clubs. This represents an opportunity to get people more active more often in both sports and the community generally. I invite the minister to come to Mordialloc to see this reserve and

ADJOURNMENT

3538 ASSEMBLY other sporting facilities around my electorate. Some are doing some innovative things, while others have been sadly neglected by previous governments at all levels. I hope the minister can take a look, and I look forward to a positive response.

Thursday, 17 October 2013 member for South Eastern Metropolitan Region in the

Council, have voted to leave the door open to this and other concrete crusher applications. These five councillors, including Mrs Peulich’s son, Cr Paul

Peulich, have voted against motions by Labor councillor — —

Heatherton materials recycling facility

The SPEAKER — Time!

Mr LIM (Clayton) — The matter I raise is for the attention of the Minister for Planning. The action I seek is for the minister to extend clause 22.18 of the

Kingston planning scheme to provide protection from concrete crushers in Kingston’s green wedge, as provided by the previous government. Thanks to the ambivalence and inaction of Kingston City Council, the local Liberal member and the coalition government, the residents of Heatherton, Oakleigh South and Clayton are again threatened by the possibility of a concrete crusher in their backyards. The Delta Group has applied for a materials recycling facility in conjunction with a transfer station at 91–185 Kingston Road, Heatherton.

The Delta site is on land nominated as core parkland in

Kingston City Council’s green wedge plan. If approved, the concrete crusher would pose a serious risk to health because of dangerous concrete dust; contravene the green wedge protection measures in the planning scheme and the recommendations in the

Kingston green wedge plan; have a detrimental impact on the amenity of the area because of the noise, activity, extra traffic and dust; and fly in the face of overwhelming community support for the Kingston green wedge to be used for public recreational use and to be protected from offensive industries.

This is not the first time Delta has tried to inflict a factory-style concrete crusher on its neighbours. The last application was refused by a former Labor Minister for Planning, Rob Hulls, in 2005, with strong support from local residents, me and the then Labor member for

Mordialloc, Janice Munt. Former Labor Minister for

Planning Justin Madden later provided interim planning protection from concrete crushers to give council time to implement proper land use planning and to prohibit concrete crushers in the green wedge. The temporary protection expired last June, and despite repeated calls by the council, the Minister for Planning has not extended it.

Energy initiatives

Mr ANGUS (Forest Hill) — I raise a matter for the attention of the Minister for Energy and Resources. The action I seek is for the minister to visit the electorate of

Forest Hill to address residents and advise them of the latest initiatives undertaken by the state government in relation to solar energy, the energy saver incentive scheme, smart meters and related energy matters. Since being elected, the coalition government has undertaken a large amount of work in the area of energy policy and initiatives. The minister recently launched flexible electricity pricing options that will give Victorian consumers more choice in selecting their electricity pricing plans. Electricity customers are now able to access the government’s My Power Planner online tool to learn more about whether flexible pricing could suit them and also to compare retailers’ offers.

The issue of smart meters is one that I have had many inquiries about in my electorate office since being elected. This is due to the previous government’s failures in this area, in particular the failure to explain to consumers the benefits associated with the use of smart meters. The residents of Forest Hill electorate would benefit greatly by hearing from the minister about some of the government’s initiatives in the energy area and also about the work being done to undo the mess left behind by the Labor government. I welcome the opportunity to meet with the Minister for Energy and

Resources. I look forward to the minister’s visit and the chance for him to meet with residents of the electorate of Forest Hill and address these issues of importance with them.

Responses

In August 2012 the council voted 8 to 1 to adopt the green wedge plan and to rezone the special use zone 2 — tip sites — and green wedge zone land to green wedge A zone land. This would have prohibited materials recycling in the green wedge. However, the five Liberal or Liberal-aligned Kingston councillors elected in 2012, with the support of Inga Peulich, a

Mr WALSH (Minister for Agriculture and Food

Security) — I rise to respond to the adjournment matter raised by the member for Seymour. She requested that I accompany her on a visit to what was the Toolangi research institute and meet with representatives of the strawberry industry there as well as representatives from ViCSPA, the seed potato people in Victoria. The member for Seymour can be proud of both those industries. I look forward to going out there, and we

ADJOURNMENT

Thursday, 17 October 2013 ASSEMBLY 3539 have made some time available to do that on

7 November.

I recently had an opportunity to go to BerryQuest, the conference of berry growers in Victoria. One of the statistics that came out of that is that the strawberry industry doubled its production from 2005 to 2010. It is one of the industries that is really taking advantage of new technology and water efficiency; it is doing the things that we want to see food industries do in

Victoria. ViCSPA has done a very good job in its work around quality control for seed potatoes. The government’s South-East Asian trade mission presents a good opportunity to export seed potatoes to Indonesia.

That is something the department and ViCSPA are working to achieve, and it would be a really good opportunity for the seed potato industry. It would be a pleasure to go with the member for Seymour and talk to representatives from those two industries, which are both doing really great things in Victoria. attend a cabinet meeting. During this visit we were able to talk with McColls and have that company negotiate with VicRoads to take its heavy vehicle traffic out of the central Geelong area and to use the ring-road, which is a very good outcome.

All I can say to the member is that this is a Greater

Geelong City Council initiative which VicRoads will watch and monitor very closely. I make the commitment that I will also keep a very close eye on the outcome. I will keep in contact with the member for

Geelong in relation to this matter as it progresses, and I will be happy to talk to him on an ongoing basis as the trial is conducted.


Services) — I address a matter that was raised by the member for Bellarine regarding the Ocean Grove fire station. The claim is that Ocean Grove is not being properly serviced after 5.00 p.m. Volunteers have been doing an outstanding job since 1946. I believe Country

Fire Authority members of the Ocean Grove fire brigade are doing an outstanding job. A career day shift was implemented to support volunteer firefighters three months ago. This is because many volunteer members commute to Geelong to work, so there was a slow response to incidents during the day. The Country Fire

Authority will continue to monitor the situation carefully to ensure that standards are being met. I thank the member for Bellarine for raising the issue with me.

The very hardworking member for Evelyn raised an issue with me regarding a request that the Mount

Evelyn post office become a myki retail agent. Public

Transport Victoria (PTV) has advised me that it received an expression of interest from the Mount

Evelyn post office in February 2013. I am advised that

PTV will reassess the post office’s application and contact the retailer directly with an outcome early next week. This is very quick work on behalf of the member for Evelyn. PTV is continuing to identify improvement opportunities based on patronage increases and service changes. It has increased the myki retail network by approximately 120 agents in the last 12 months, and there are now close to 800 myki retail agents servicing metropolitan and regional areas. The member for

Evelyn is right on the money again. She does great work with her community, and PTV will be in contact with her agent next week.

Mr MULDER an article in the

(Minister for Public Transport) —

The member for Geelong raised an issue with me in relation to the City of Greater Geelong’s trial of a sixmonth ban on heavy vehicles on Mercer Street. The member was concerned that this will drive vehicles into

Ryrie and McKillop streets. I note that this is a trial that is being conducted by the Greater Geelong Council, and it has been on the cards for quite a long time. From

Geelong Advertiser of Thursday,

10 October, it seems to me that the trial is basically driven by a Labor councillor, Andy Richards, who holds the council’s transport portfolio.

I know VicRoads has made a commitment to monitor the outcome of this trial very closely. VicRoads already has in place a truck operations committee which works very closely with many truck operators in the area. A great deal can be achieved through VicRoads working with these operators. Recently I visited Geelong to

Mr DELAHUNTY (Minister for Sport and

Recreation) — I rise to respond to the matter raised with me by the member for Murray Valley, who, as we all know, is a very passionate supporter of sporting clubs in his electorate and is always looking for ways to maximise sporting participation among his constituents.

As you know, Speaker, the coalition government is committed to giving more people the opportunity to get involved in local sporting clubs in their communities.

Through the sporting uniform grants program the government has the opportunity to assist and rejuvenate clubs by giving them the opportunity to have more people more active in sport. The program provides grants of up to $1000. I am pleased to announce that many clubs in the Murray Valley electorate can look forward to a share in more than $420 000 worth of

Victorian government funding courtesy of the latest funding round in the sporting uniform grants program.

As the member said, new uniforms can go a long way towards boosting team morale, and it is important to have good morale in connected communities. Sport is a

ADJOURNMENT

3540 ASSEMBLY Thursday, 17 October 2013 great way of bringing communities together, and through the sporting uniform grants program we can provide some assistance for that to happen. The clubs in the Murray Valley electorate that will receive money are the Cobram Barooga Swimming Club, $695; the

Cobram Lawn Tennis Club, $980; the Wangaratta

Hockey Club, $1000; the Numurkah District Soccer

Club, $1000; the Numurkah Youth Club Cricket Club,

$800; and the Strathmerton Football Club, $1000. As you know, Speaker, these grants will go a long way to boost not only the morale of clubs but also participation in sport. I thank the member for Murray Valley for his good work on behalf of these clubs, and I am pleased to say that we are supporting them to get more active more often. meters, not tell them the benefits that come with the use of smart meters and on top of that tell them that they have to pay for the smart meters? It was just laziness on the part of a Labor government that had lost its way, and it is now up to the coalition government to fix the problems we inherited from the previous government.

Labor was in government for 11 years and never did anything to fix any concerns in relation to the energy needs of Victoria — not a single thing. In relation to smart meters, the coalition government has put a number of special projects in place to ensure that for the first time Victorians will be able to experience the benefits that come from having smart meters. The member mentioned flexible pricing options, which is one benefit, and I will be more than happy to visit his electorate to convey to his constituents the benefits and tell them what members of the coalition government have done to fix the problems caused by the previous government.

Another matter was raised with me by the member for

Mordialloc, who is also very keen to see greater participation in sport and is looking at development opportunities in her great electorate of Mordialloc. The member has been a good worker. We have been out many times looking at sporting clubs, including recently to switch on some new lights at the Mordialloc

Rugby Union Football Club. There was a great roll-up, and the installation of the lights is a good outcome for the people at the club. As the member said, it is important to have active and healthy communities because, as she knows, we can see there are enormous benefits to communities, including reducing health costs by $1.5 billion a year, and improving productivity by having a healthier workforce is estimated to be worth about $12 billion to the economy.

Members of the previous government should be ashamed of what they did. They should be ashamed of their 11 years of neglecting Victorians in relation to their electricity and gas needs. Members of the opposition did nothing when they were in office, yet they will come in here and jump up and down and say,

‘You must do more’. What did they do in their 11 long, dark years? Nothing. To answer the member for Forest

Hill, I would be happy to visit his electorate and to talk to his constituents.

As the member for Mordialloc said, volunteers are a critical part of providing sporting opportunities, but they need facilities in which to work. She spoke about darts, bowls, footy and cricket at Ben Kavanagh

Reserve in Mordialloc. I look forward to joining the member for Mordialloc on a visit to her electorate in the not-too-distant future, and I ask her to work with staff in my office to make those arrangements. As she knows, Victorian government investment in local sporting facilities is part of our plan to build for growth and to develop opportunities for sustainable sporting clubs in Victoria.


Small Business) — The member for Bundoora raised an issue for the Minister for Children and Early

Childhood Development and requested that the minister meet with representatives of the Kalparrin early intervention centre in Greensborough, and I will convey that to the minister.

The member for Kororoit raised an issue for the

Minister for Housing. She asked for an explanation of how inquiries made by members’ electorate offices about issues to do with public housing should be handled, and I will pass that on to the minister.

Mr KOTSIRAS (Minister for Energy and

Resources) — The member for Forest Hill raised a matter in relation to energy concerns in his electorate. I am happy to take him up on his offer to visit his electorate and to talk to his constituents about their energy concerns in general. As the member said, unfortunately the rollout of smart meters was mishandled, misplaced and misunderstood by the previous government. How can you convey to members of the public that they must install smart

The member for Clayton raised a matter for the

Minister for Planning in relation to the Kingston green wedge plan, and I will pass that matter on to the minister.

The SPEAKER — Order! With that, I now declare the house adjourned and thank everybody for being here.

House

29 adjourned

October.

4.40

p.m.

until Tuesday,



ASSEMBLY


3541

Answers to the following questions on notice were circulated on the date shown.

Questions have been incorporated from the notice paper of the Legislative Assembly.

Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers.

The portfolio of the minister answering the question on notice starts each heading.

Tuesday, 15 October 2013

268.

Health: Ballarat ambulance services

Ms KNIGHT to ask the Minister for Mental Health for the Minister for Health — with reference to rotary wing aircraft retrievals from Ballarat Health Services, including Ballarat Base Hospital and

St John of God Hospital, in each of 2006, 2007, 2008, 2009, 2010 and 2011 to date:

(1) How many retrievals were conducted by:

(a) Adult Retrieval Victoria;

(b) Air Ambulance Victoria.

(2) How many patients were:

(a) neonatal;

(b) paediatric;

(c) adult;

(d) geriatric.

(3) How many secondary transfer cases were there.

ANSWER:

I am informed that:

(1) Retrievals conducted by:

(a) Adult Retrieval Victoria

(b) Air Ambulance Victoria.

For the period requested, Ambulance Victoria (AV) advises that they do not separate transfers conducted by

Adult Retrieval Victoria and Air Ambulance Victoria. See table below for transfers.

Transfers from Ballarat Hospital and St John of God Hospital

2006–2010 2010–2011

84 46

(2) The breakdown of patients are:

(a) neonatal — a total of 12 neonatal patient transfers between 2006 and 2011;

(b) paediatric — a total of 15 paediatric patient transfers between 2006 and 2011;

(c) adult — a total of 99 adult patient transfers between 2006 and 2011 inclusive of geriatric patients;

(d) geriatric — AV advises that their data does not identify geriatric patients within the adult cohort.

See the table below for data for each of the years of interest.

Neonatal transfers

2006–07 2007–08 2008–09 2009–10 2010–11

2 2 1 1 6

Grand

Total

12

3542



2006–07 2007–08 2008–09 2009–10 2010–11

3

14

1

15

3

17

1

23

7

30

Grand

Total

15

99

Paediatric transfers

Adult transfers

(including geriatric patients)

(3) AV advises that for the period 2006 to 2011 there were 130 transfers of which 96.9 percent were secondary transfers. The breakdown per annum from AV relates only to the secondary transfers. See the table below for the secondary transfers by year.

2006–07 2007–08 2008–09 2009–10 2010–11

Secondary transfers from Hospital

19 18 21 25 43

Grand

Total

126

Health: Ambulance Victoria staff

3774. Mr NOONAN to ask the Minister for Ports for the Minister for Health — with reference to staff employed by Ambulance Victoria in 2012:

(1) What was the total number of staff who:

(a) were made redundant;

(b) had employment terminated by the Department of Health;

(c) ceased employment as a result of a voluntary separation or resignation.

(2) What is the total gross cost of all payments made to staff as a result of redundancies, terminations and separations.

ANSWER:

I am informed that:

The figures are not reported by calendar year.

4076.

Consumer affairs: Pathways to Exit program

Mr FOLEY to ask the Minister for Consumer Affairs — with reference to the Pathways to Exit program currently delivered by Inner South Community Health Service:

(1) When does the current funding period for the program cease.

(2) What was the level of funding:

(a) for 2012–13;

(b) over the life of the program.

(3) Will the program be funded in 2013–14; if so:

(a) under what programs of funding;

(b) at what level of financial support.

(4) Has the Department of Justice sought the assistance of other government departments or Agencies to Deliver the program.

(5) What evaluations of the program have been undertaken by the Department of Justice.



(6) Has the program been considered by the Sex Work Ministerial Advisory Committee; if so:

(a) what was the nature of the consideration;

(b) what was the committee’s view of the program.

ANSWER:

I am advised that:

(1) The current funding phase is consistent with the 2013–14 appropriation.

(2) Pathways to Exit has been funded over four phases since 23 November 2009. The total amount of funding anticipated to the end of the current appropriation will be $1 215 704.

Funding was increased by the current government both in 2011 and 2012.

3543

Pathways to Exit has been funded in phases which do not directly link to financial years.

Funding for Phase One was $230 000. The grant was made in November 2009, and following development of the pilot, Phase One program activities commenced on 1 February 2010.

For Phase Two, the government increased funding by around 30 per cent to $299 971, and extended the program for a further 12 months to the end of February 2012.

The government continued to fund the program, at the increased level, for a further 16 months to the end of

June 2013. Funding for Phase Three was $395 733.

Funding has now been provided for another 12 months. Funding for Phase Four is $290 000.

The total cost of the four phases to 30 June 2014 is $1 215 704.

(3) The government is funding Phase Four of the program in 2013–14 for $290 000.

(4) Pathways to Exit has historically been funded from the general appropriations budget of Consumer Affairs

Victoria in the Department of Justice. If the funding source changes, that will be reported in the normal way in the appropriation bills.

(5) An independent, external evaluation of the program was required under the original funding agreement, and a cumulative report on the first two phases of the program was prepared at the end of Phase Two.

The evaluation, ‘Pathways to Exit’ Program Phases One and Two Evaluation Report (March 2012) was conducted by Resolve Community Consulting and is publicly available on the Inner South Community

Health Service website (http://www.ischs.org.au).

Phase Three was evaluated internally by Inner South Community Health Service in July 2013.

(6) The Pathways to Exit pilot was developed in response to a recommendation made by the then Prostitution

Control Act Ministerial Advisory Committee (now known as the Sex Work Ministerial Advisory

Committee).

The Sex Work Ministerial Advisory Committee remains informed on the barriers faced by sex workers wishing to exit the industry, as one of the current committee members is a general manager of Inner South

Community Health Service, which delivers Pathways to Exit.

4077.


Mr FOLEY to ask the Minister for Consumer Affairs — with reference to the outcomes of the

Pathways to Exit program currently delivered by Inner South Community Health Service:

3544


ASSEMBLY

(1) How many sex workers have:

(a) found or maintained secure housing in:

(i) 2010–11;

(ii) 2011–12;

(iii) 2012–13;


(b) undertaken training or further education, or participated in mentoring or other skills development programs in:

(i) 2010–11;

(ii) 2011–12;

(iii) 2012–13;

(c) found or maintained employment outside of the sex work industry, including volunteering or other non-sex work industry related activities in:

(i) 2010–11;

(ii) 2011–12;

(iii) 2012–13;

(d) undertaken drug, alcohol, substance abuse or mental health assistance programs in:

(i) 2010–11;

(ii) 2011–12;

(iii) 2012–13.

(2) What proportion of participants of the program have successfully exited the sex work industry in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(3) How many participants of the program successfully exited the sex work industry in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(4) What proportion of participants of the program have reduced their level of participation in the sex work sector in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(5) How many participants of the program reduced their level of participation in the sex work sector in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

ANSWER:

I am advised that:

(1) The following data is divided into two periods. The first period reflects program activities in Phase One and

Phase Two of Pathways to Exit (1 February 2010–28 February 2012), and is sourced from the cumulative


Tuesday, 15 October 2013 ASSEMBLY evaluation of these phases in ‘Pathways to Exit’ Program Phases One and Two Evaluation Report (March

2012) by Resolve Community Consulting, as well as an electronic client data system.

3545

The second period is Phase Three, the most recently completed funding phase (1 March 2012 to 30 June

2013). This data is sourced from an internal evaluation report by Inner South Community Health Service, based on an electronic client data system, as well as quarterly staff reporting.

(a) & (d)

Assisting sex workers to find and secure alternative employment or training opportunities is the primary goal of Pathways to Exit. Other assistance, such as referrals to housing or drug and alcohol or mental health support services, also forms part of the case management model.

However, factors external to Pathways to Exit (such as the availability of accommodation) can strongly influence outcomes. Further, the following data relate to housing referrals and drug, alcohol and/or mental health treatment referrals, but note that data relating to the number or proportion of clients who expressed need for those services was not available.

In Phases One and Two of the program, 24 per cent (12 of the 51 clients) had found or maintained secure housing. In Phase Three, 35 per cent (28 of the 80 clients) had found or maintained secure housing.

In Phases One and Two of the program, 19 per cent had accessed drug and alcohol treatment services and/or mental health assistance programs. In Phase Three, 32.5 per cent had accessed drug and alcohol services treatment services and/or mental health assistance programs.

(b) & (c)

In Phases One and Two of the program, 44 per cent were engaged in study or a course. In Phase Three,

19 per cent were studying or enrolled to study.

Courses undertaken have included: TAFE (New Enterprise Incentive Scheme); White Card (for the construction industry); a university English-language bridging course in preparation for further study;

Certificate IV in Beauty; Certificate IV in Hairdressing; and general life skills, such as parenting, anger management and driving courses.

In Phases One and Two of the program, 19 per cent were working, volunteering, or running their own business. In Phase Three, 48 per cent of clients were engaged with job employment agencies and seeking employment outside the sex work industry.

(2)–(5)

The Pathways to Exit case management model recognises that leaving the sex work industry is not necessarily immediate, and can involve a graduated transition, and sometimes, multiple attempts. External evaluation of Pathways to Exit counted reduction of hours of sex work and ceasing sex work in the same outcome category.

In Phases One and Two of the program, 38 per cent (19 of the 51 clients) had significantly reduced or ceased sex work. In Phase Three, 37.5 per cent (30 of the 80 clients) had reduced or ceased sex work.

In the current phase, Phase Four, Pathways to Exit is working with at least 27 clients (as at July 2013). Of these, 70 per cent (19 clients) have ceased or reduced their hours in the sex industry; 33 per cent (9 clients) are currently studying or enrolled to study; and 40 per cent (11 clients) are currently engaged with Taskforce

Community Agency or Sign for Work for employability support and employment services.

4078.


Mr FOLEY to ask the Minister for Consumer Affairs — with reference to post program participation outcomes for participants of the Pathways to Exit program delivered by Inner South Community Health

Service:

(1) What measures of post program outcomes have been in place for participants who have left the program.

3546



(2) How many participants have maintained their non-sex work industry participation status in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(3) How many participants have returned to the sex work industry in:

(a) 2010–11 to:

(i) brothels;

(ii) street sex work;

(iii) individual or small sex work operators;

(iv) other;

(b) 2011–12 to:

(i) brothels;



(iv) other;

(c) 2012–13 to:

(i) brothels;



(iv) other.

ANSWER:

I am advised that:

(1), (2) and (3)

The Pathways to Exit program was not developed nor funded to deliver services to Pathways to Exit clients after their discharge from the program, and clients are not asked to consent to post-program contact. Therefore, formal data on post-program outcomes for individual ex-clients is unavailable.

Information on outcomes and referrals from Pathways to Exit to other support services has been provided in response to Question on Notice No 4077.

4079.


Mr FOLEY to ask the Minister for Consumer Affairs — with reference to participation in the

Pathways to Exit program currently delivered by Inner South Community Health Service:

(1) How many sex workers have accessed the program over its life.

(2) How many sex workers accessed the program in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.



ASSEMBLY 3547

ANSWER:

I am advised that:

(1) From the commencement of Phase One program activities (1 February 2010) to the end of the Phase Three funding period (30 June 2013), a total of 112 clients have received Pathways to Exit’s case management services.

Over the same period, an additional 30 clients accessed the program and were assessed and registered, but are not counted in the total number of cases (for example, because they did not meet selection criteria to proceed, or were not ready to start the program).

(2) A total of 48 clients accessed the program in the first two phases of the program (1 February 2010–

28 February 2012).

In Phase Three (1 March 2012 to 30 June 2013), 80 clients received case management services. Of these,

73 were new clients, and seven clients were carried over from Phase Two. In the current phase, Phase Four, there were 27 active Pathways to Exit clients as at July 2013.

4089.


Mr FOLEY to ask the Minister for Consumer Affairs — with reference to the sex work industry participants of the Pathways to Exit program currently delivered by Inner South Community Health

Service:

(1) What was the age profile in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(2) How many were from Melbourne metropolitan locations in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(3) How many were from regional Victoria locations in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(4) How many were from country Victoria locations in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(5) How many worked in a brothel in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

3548


ASSEMBLY

(6) How many worked in street sex work in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.

(7) How many worked as a sole or small sex worker in:

(a) 2010–11;

(b) 2011–12;

(c) 2012–13.


ANSWER:

I am advised that:

(1) In Phases One and Two (1 February 2010–28 February 2012) of Pathways to Exit, the age profile of the

51 clients was as follows.

– 18–24 years: 10 per cent;


– 35–44 years: 46 per cent; and

– 45 years and over: 17 per cent.

In Phase Three (1 March 2012–30 June 2013), 80 clients received case management services. Of these,

73 were new clients, and seven clients were carried over from Phase Two. The age profile of the 80 clients was as follows.



– 35–44 years: 34 per cent; and

– 45 years and over: 19 per cent.

Age information was not provided for the remaining 2 per cent of clients.

(2)–(4)

In Phases One and Two of Pathways to Exit, 48 of the 51 clients were living in the wider Melbourne area

(including Geelong, Werribee, Point Cook and Seaford), however, the majority of clients were living in inner

Melbourne suburbs.

In Phase Three, most of the 80 clients were living in metropolitan Melbourne, with 32.5 per cent living in the inner southern suburbs (e.g. St Kilda, Prahran) and 17.5 per cent living in the eastern suburbs. The northern suburbs of Melbourne were home to ten per cent of clients, as were the western suburbs. The southern suburbs and CBD respectively also had to 7.5 per cent of clients each. A remaining 4 per cent of clients lived in country Victoria, and 0.8 per cent (one client) were homeless.

(5)–(7)

It is not uncommon for sex workers to engage in more than one type of sex work. Many clients of Pathways to Exit stated that they worked both as a private worker (small owner-operator) and in a brothel or escort agency.

In Phases One and Two, 67 per cent of clients worked in brothels and/or as private escort workers. In Phase

Three, 76 per cent worked in brothels or escort agencies and/or as private escort workers.

In Phases One and Two, 33 per cent of clients were street-based sex workers. In Phase Three, 20 per cent were street-based sex workers, while another 4 per cent were working across a range of settings.


4095.


ASSEMBLY

Health: Ballarat Health Services purchasing

3549

Ms KNIGHT to ask the Minister for Mental Health for the Minister for Health — with reference to frozen, canned or otherwise packaged food purchased by Ballarat Health Services Catering Department:

(1) What was the dollar value of products from countries other than Australia purchased in:

(a) 2011;

(b) 2012.

(2) What was the dollar value of products purchased from McCain Foods Ballarat in:

(a) 2011;

(b) 2012.

ANSWER:

I am informed that:

(1) (a) and (b)

Ballarat Health Services does not record country of origin data for food products purchased.

(2) (a) and (b)

Ballarat Health Services does not purchase any products directly from McCain Foods Ballarat. Purchasing of perishable foods is centralised under the Ballarat Health Services Supply Department through a perishable goods tender conducted annually.

Attorney-General: Independent Broad-based Anti-corruption Commission staff

4231. Ms HENNESSY to ask the Attorney-General — with reference to Independent Broad-based

Anti-corruption Commission staff on the first day of each quarter (or closest relevant pay cycle date) in

2013:

(1) How many ongoing full time equivalent (FTE) staff were employed in each business unit.

(2) How many ongoing full time staff were employed in each business unit.

(3) How many ongoing part time staff were employed in each business unit.

(4) How many FTE fixed term and casual staff were employed in each business unit.

(5) How many FTE staff were on secondment in each business unit.

ANSWER:

I am advised that:

The Independent Broad-based Anti-corruption Commission (IBAC) Commissioner is an independent officer of the

Parliament. Issues relating to the employment of IBAC staff are matters for the Commissioner.

Health: Sunshine Hospital waiting list

4337. Ms KAIROUZ to ask the Minister for Mental Health for the Minister for Health — How many patients were waiting for an appointment at a specialist clinic at Sunshine Hospital as at 30 June 2013.

ANSWER:

I am informed that:

– In the lead-up to the November 2010 election, the government committed to a full statewide audit of hospital waiting lists and release of outpatient waiting time information. Information on outpatient waiting lists and times was not collected under the previous government.



– To deliver on the government’s commitment, the Minister for Health established an Expert Panel on Waiting

List Management to:

– determine the most complete picture of patients waiting for elective surgery and outpatient (specialist clinics) services in Victoria

– provide advice on improving the availability, accuracy, transparency and consistency of health system data.

– The quality of data at individual health services was determined to be not always reliable for the 30 June 2011 audit date, noting also that this data was prepared from sources that were incomplete.

– The first report on Specialist Clinics (Outpatients) waiting times and the report of the Expert Panel were released on 14 May 2013. The government continues to actively work to deliver on this commitment of releasing outpatient waiting time information.

Health: Western Hospital waiting list

4407. Ms KAIROUZ to ask the Minister for Mental Health for the Minister for Health — how many patients were waiting for an appointment at a specialist clinic at Western Hospital as at 30 June 2013.

ANSWER:

I am informed that:

– In the lead-up to the November 2010 election, the government committed to a full statewide audit of hospital waiting lists and release of outpatient waiting time information. Information on outpatient waiting lists and times was not collected under the previous government.

– To deliver on the government’s commitment, the Minister for Health established an Expert Panel on Waiting

List Management to:

– determine the most complete picture of patients waiting for elective surgery and outpatient (specialist clinics) services in Victoria

– provide advice on improving the availability, accuracy, transparency and consistency of health system data.

– The quality of data at individual health services was determined to be not always reliable for the 30 June 2011 audit date, noting also that this data was prepared from sources that were incomplete.

– The first report on Specialist Clinics (Outpatients) waiting times and the report of the Expert Panel were released on 14 May 2013. The government continues to actively work to deliver on this commitment of releasing outpatient waiting time information.

MEMBERS INDEX

MEMBERS INDEX

ALLAN, Ms (Bendigo East)

Business of the house

Standing orders, 3392

Members statements

Bendigo Hospital, 3480

Points of order , 3285, 3287, 3288, 3394, 3395, 3398, 3400, 3402,

3516, 3518, 3521

Questions without notice

Frankston Hospital funding, 3287

ANDREWS, Mr (Mulgrave) (Leader of the Opposition)

Points of order , 3515, 3516, 3517, 3518, 3520


Monash Medical Centre beds, 3519

Monash Medical Centre elective surgery, 3515, 3517

TAFE funding, 3523

Teacher remuneration, 3521

ANGUS, Mr (Forest Hill)

Adjournment

Energy initiatives, 3538

Bills

Workplace Injury Rehabilitation and Compensation Bill 2013,

3496


Budget 2012–13, 3480

Forest Hill electorate government achievements, 3363

Forest Hill Football Club, 3363


Government economic management, 3516

ASHER, Ms (Brighton) (Minister for Innovation, Services and

Small Business, Minister for Tourism and Major Events and

Minister for Employment and Trade)

Adjournment

Heatherton materials recycling facility, 3540

Kalparrin early childhood intervention program, 3540

Midsumma Festival, 3353

Office of Housing member inquiries, 3540

Support Small Business Day, 3353

Bills

Energy Legislation Amendment (General) Bill 2013, 3294


3524

ASSEMBLY


Program, 3300



Science and innovation awards, 3305

Points of order , 3396, 3398, 3402, 3516, 3518, 3520


Tourism initiatives, 3398

BAILLIEU, Mr (Hawthorn)

Bills

Tobacco Amendment Bill 2013, 3465


3508

BATTIN, Mr (Gembrook)

Bills

Professional Boxing and Combat Sports Amendment Bill 2013,

3316

Grievances

Former government performance, 3368


Walsh Street shootings anniversary, 3307


Law and order initiatives, 3402

BAUER, Mrs (Carrum)

Adjournment

Patterson River dredging, 3470

Bills

Fisheries Amendment Bill 2013, 3444



Carrum electorate government achievements, 3362

Century Club afternoon tea, 3307


Waste management, 3400

BEATTIE, Ms (Yuroke)

Bills

Corrections Amendment (Parole Reform) Bill 2013, 3346



City of Hume Sunbury plebiscite, 3308 i

MEMBERS INDEX ii

BROOKS, Mr (Bundoora)

Adjournment

Kalparrin early childhood intervention program, 3533

Bills


BULL, Mr (Gippsland East)

Adjournment

Gippsland electorate graffiti, 3471

Bills



3330


Darcie and Damon Morton, 3310

East Gippsland Business Awards, 3310

Keith Henderson, 3310

Toorloo Arm Country Fire Authority brigade, 3310


Budget 2012–13, 3289

BURGESS, Mr (Hastings)

Bills


3513

ASSEMBLY

CLARK, Mr (Box Hill) (Attorney-General, Minister for Finance and Minister for Industrial Relations)

Bills

Courts and Other Justice Legislation Amendment Bill 2013, 3294,

3405, 3406

Crimes Amendment (Investigation Powers) Bill 2013, 3357, 3488,

3489



Points of order , 3394



CRISP, Mr (Mildura)

Adjournment

Carwarp thermal power station, 3351

Bills



Program, 3302


Cardross spring show, 3308

Mildura speedway, 3308

Regional leaders forum, 3308


Regional and rural employment, 3518

CAMPBELL, Ms (Pascoe Vale)

Bills


3501


Dr Mark Hobart, 3481

Scrutiny of Acts and Regulations Committee

Alert Digest No. 13, 3297

Statute Law Revision Bill 2013, 3297

Statements on reports

Scrutiny of Acts and Regulations Committee: review of Charter of

Human Rights and Responsibilities Act 2006, 3390

CARBINES, Mr (Ivanhoe)

Bills



3326


Ivanhoe structure plan, 3365

D’AMBROSIO, Ms (Mill Park)

Bills

Energy Legislation Amendment (General) Bill 2013, 3294


Greek Orthodox community concert, 3362

DELAHUNTY, Mr (Lowan) (Minister for Sport and Recreation and Minister for Veterans’ Affairs)

Adjournment

Mordialloc electorate sporting facilities, 3540

Sporting uniform grants program, 3477, 3539


Agricultural shows, 3365

Australian Junior Motocross Championship, 3365

Hamilton Outdoor Adventure Fair, 3365

Rotary Club of Hamilton art show, 3365

WorkCo Limited awards, 3365

DIXON, Mr (Nepean) (Minister for Education)


Western suburbs education facilities, 3291

DONNELLAN, Mr (Narre Warren North)

Bills

Road Legislation Amendment Bill 2013, 3296

Transport Accident Amendment Bill 2013, 3295

Transport Accident Further Amendment Bill 2013, 3295


Program, 3303


Fountain Gate Secondary College, 3363

Roadworthiness certificates, 3364

DUNCAN, Ms (Macedon)

Adjournment

Baringo Valley land clearance, 3471

Bills



GisBus, 3487


MEMBERS INDEX

ASSEMBLY

FOLEY, Mr (Albert Park)

Bills





Amanda Press, 3360

FYFFE, Mrs (Evelyn) (The Deputy Speaker)

Adjournment

Mount Evelyn myki retail agent, 3535


Notices of motion, 3296


Mount Evelyn Special Developmental School, 3483

Wandin Silvan Field Days, 3483

Yarra Valley emergency services funding, 3483

Points of order , 3398, 3515


Tourism initiatives, 3398

Rulings , 3376

EDWARDS, Ms (Bendigo West)

Adjournment

Bendigo aged-care privatisation, 3473

Bills



Compeer program, 3361

GARRETT, Ms (Brunswick)

Bills



3509


Workplace bullying, 3304

EREN, Mr (Lara)

Adjournment

Lara electorate railway noise pollution, 3352

Bills


3311



Geelong Football Club, 3483

Melbourne Victory, 3483

Sport Australia Hall of Fame awards, 3483

Volunteers, 3483

GIDLEY, Mr (Mount Waverley)

Adjournment

Mount Waverley electorate public safety, 3353

Bills



Hawthorn-Monash University Cricket Club, 3485

Mount Waverley Cricket Club, 3485

Mount Waverley electorate government achievements, 3362

Reverend Dianne Sharrock, 3485

Waverley Historical Society, 3486


Desalination plant, 3288 iii

MEMBERS INDEX iv

GRALEY, Ms (Narre Warren South)

Adjournment

Education conveyance allowance, 3349


Breast Cancer Awareness Month, 3360


Outer Suburban/Interface Services and Development Committee: livability options in outer suburban Melbourne, 3388

ASSEMBLY


Victoria Police bands, 3359

HUTCHINS, Ms (Keilor)

Adjournment

Industrial relations litigation, 3474

Bills


3498

Members statements headspace Sunshine, 3310

GREEN, Ms (Yan Yean)

Petitions

Donnybrook railway station, 3297

Doreen road safety, 3296

Epping Road duplication, 3296

Northern suburbs bus services, 3296

Supported accommodation fees, 3297

KAIROUZ, Ms (Kororoit)

Adjournment

Office of Housing member inquiries, 3535

HALFPENNY, Ms (Thomastown)

Bills


3504


Breast Cancer Awareness Month, 3306

Thomastown electorate constituent, 3306

Bills


3512


Outer Suburban/Interface Services and Development Committee: growing the suburbs, 3387

KANIS, Ms (Melbourne)

Bills


3507

HELPER, Mr (Ripon)

Bills



Chinese Museum exhibition, 3487

East–west link, 3486

HENNESSY, Ms (Altona)

Bills



West Gate Freeway, 3358

KATOS, Mr (South Barwon)

Adjournment

Barwon Health residential aged-care facilities, 3472

HERBERT, Mr (Eltham)


Construction, Forestry, Mining and Energy Union training centre,

3363

Bills



Pat Smith, 3310

Police and emergency services Waurn Ponds facility, 3309

South Barwon electorate community facilities, 3309

South Barwon electorate government achievements, 3360

HOWARD, Mr (Ballarat East)

Adjournment

Fire services property levy, 3472

Bills



East Werribee employment precinct, 3286

MEMBERS INDEX

KNIGHT, Ms (Ballarat West)

Adjournment

Department of Human Services parliamentary contact officers,

3470

ASSEMBLY


3527, 3531


Broadmeadows central activities district, 3485

Dianella Community Health, 3311


The Age Music Victoria Awards, 3310

McINTOSH, Mr (Kew)


Western suburbs public transport, 3293

KOTSIRAS, Mr (Bulleen) (Minister for Multicultural Affairs and

Citizenship and Minister for Energy and Resources)

Adjournment

Energy initiatives, 3540

Bills

Energy Legislation Amendment (General) Bill 2013, 3434, 3435

LANGUILLER, Mr (Derrimut)

Bills


3331


Angel Calderon, 3305

McLEISH, Ms (Seymour)

Adjournment

Toolangi horticultural sector, 3536

Bills


3499

Grievances

Bushfire preparedness, 3385

Former government water infrastructure projects, 3384

Traffic congestion, 3385


Drug initiatives, 3488

Seymour electorate government achievements, 3359

LIM, Mr (Clayton)

Adjournment

Heatherton materials recycling facility, 3538

Bills


3329

McCURDY, Mr (Murray Valley)

Adjournment

Sporting uniform grants program, 3534

Bills



3502


Australian Tidy Towns Awards, 3484

Numurkah Seniors Community Hub, 3485

Racquel Watt, 3484

Wilby Country Fire Authority brigade, 3485

Yarrawonga Mulwala Multisport Festival, 3485

McGUIRE, Mr (Broadmeadows)

Bills


3321

MADDEN, Mr (Essendon)

Adjournment


Bills


3318



National Breast Cancer Foundation, 3486

Yvonne Kernan, 3486

MERLINO, Mr (Monbulk)


Program, 3300

Grievances

Government performance, 3365

Points of order , 3285, 3286, 3318, 3394, 3396, 3400, 3402, 3518,

3520


Frankston Hospital funding, 3285, 3292

Member for Frankston, 3393

Monash Medical Centre elective surgery, 3401 v

MEMBERS INDEX vi

MILLER, Ms (Bentleigh)

Bills


3505

Grievances



Food and fibre producers, 3395

Western suburbs education facilities, 3291

MORRIS, Mr (Mornington)

Bills


ASSEMBLY

NARDELLA, Mr (Melton)


Ambulance services, 3481

NEVILLE, Ms (Bellarine)

Adjournment

Ocean Grove fire services, 3534

Bills



Violet Purser, 3482

Public Accounts and Estimates Committee

Budget estimates 2013–14 (part 2), 3358


NEWTON-BROWN, Mr (Prahran)

Adjournment

Midsumma Festival, 3348

Bills




Public Accounts and Estimates Committee: budget estimates

2013–14 (part 2), 3389

MULDER, Mr (Polwarth) (Minister for Public Transport and

Minister for Roads)


Anthony Traill and Rhiannon Murrie, 3311

Blessing of the animals, 3311

Prahran Greek Orthodox community, 3311

Stonnington Primary School, 3311 worldOutgames, 3311

Adjournment


Geelong truck routes, 3539

Lara electorate railway noise pollution, 3354

Mount Evelyn myki retail agent, 3539


Law Reform Committee: access to and interaction with the justice system by people with an intellectual disability and their families and carers, 3386

Bills

Road Legislation Amendment Bill 2013, 3296, 3432, 3433


Transport infrastructure, 3522

Western suburbs public transport, 3293

NAPTHINE, Dr (South-West Coast) (Premier, Minister for

Regional Cities and Minister for Racing)


Bentleigh ambulance services, 3399

East Werribee employment precinct, 3286

Food and fibre producers, 3395

Frankston ambulance services, 3290

Frankston Hospital funding, 3285, 3287, 3289, 3292


Member for Frankston, 3393, 3396

Monash Medical Centre beds, 3519, 3520

Monash Medical Centre elective surgery, 3401, 3515, 3517

TAFE funding, 3523

Teacher remuneration, 3521

NOONAN, Mr (Williamstown)

Bills


Grievances



Brooklyn industrial precinct pollution, 3306

Points of order , 3291, 3399


Bentleigh ambulance services, 3399

Frankston ambulance services, 3290

NORTHE, Mr (Morwell)

Bills


3322


3510

MEMBERS INDEX


Latrobe Regional Hospital, 3487

State Emergency Service east region awards, 3487

O’BRIEN, Mr (Malvern) (Treasurer)

Bills

State Taxation and Financial Legislation Amendment Bill 2013,

3295, 3409, 3410

Transport Accident Amendment Bill 2013, 3295, 3412, 3413

Transport Accident Further Amendment Bill 2013, 3295, 3415,

3416


3524, 3525, 3526, 3528, 3529, 3530, 3531





Budget 2012–13, 3289


ASSEMBLY

PANDAZOPOULOS, Mr (Dandenong)

Bills



Federal government ministry, 3307

PERERA, Mr (Cranbourne)

Adjournment

Carrum Downs Secondary College, 3348

Bills


3323


Cranbourne electorate roads, 3308

Sporting club volunteers, 3308 vii

POWELL, Mrs (Shepparton) (Minister for Local Government and

Minister for Aboriginal Affairs)


Goulburn Valley Industry and Employment Task Force, 3359

Mooroopna police station, 3359

PAKULA, Mr (Lyndhurst)

Adjournment

Springvale needle exchange program, 3351

Bills


Courts and Other Justice Legislation Amendment Bill 2013, 3294

Crimes Amendment (Investigation Powers) Bill 2013, 3357


Standing orders, 3393, 3403

Grievances

Government accountability, 3376

Petitions

Wangaratta greyhound racing, 3479




PALLAS, Mr (Tarneit)

Grievances


Points of order , 3285, 3293, 3394, 3396


Frankston Hospital funding, 3289


RYALL, Ms (Mitcham)

Bills



Distinguished visitors , 3393


Mitcham electorate Victoria Awards, 3483


Transport infrastructure, 3522

RYAN, Mr (Gippsland South) (Minister for State Development and

Minister for Regional and Rural Development)

Adjournment

Carwarp thermal power station, 3355

Bills


3527



Regional and rural employment, 3519

Trade missions, 3397

MEMBERS INDEX viii

SCOTT, Mr (Preston)

Bills

State Taxation and Financial Legislation Amendment Bill 2013,

3295


3491, 3525, 3526, 3528, 3529, 3530


Program, 3301

ASSEMBLY

Suspension of members

Member for Albert Park, 3288

Member for Bendigo East, 3293

Member for Footscray, 3520

Member for Forest Hill, 3398

Member for Kororoit, 3292

Member for Tarneit, 3294

SHAW, Mr (Frankston)

SYKES, Dr (Benalla)

Bills

Fisheries Amendment Bill 2013, 3438 Members statements

Derinya Primary School, 3484

Electoral boundaries redivision, 3484

Frankston Radio Cabs, 3484

National Police Remembrance Day, 3484

Grievances



Shooting and hunting events, 3306

SMITH, Mr R.

(Warrandyte) (Minister for Environment and

Climate Change and Minister for Youth Affairs)

Adjournment

Burwood electorate youth forum, 3356

Carrum Downs Secondary College, 3356

Education conveyance allowance, 3356

Mount Waverley electorate public safety, 3356

Springvale needle exchange program, 3356


Waste management, 3400

THOMPSON, Mr (Sandringham)

Adjournment

Support Small Business Day, 3349

Bills



3327

THOMSON, Ms (Footscray)

Bills



Plan Melbourne, 3309

SOUTHWICK, Mr (Caulfield)

Adjournment

Outlaw motorcycle gangs, 3475

Bills


3319


Glen Eira Stonnington District Scouts, 3481

King David School, 3481

Zip It, 3481

TILLEY, Mr (Benambra)


Program, 3301


Benambra electorate government initiatives, 3358

SPEAKER, The (Hon. K. M. Smith)

Absence of ministers , 3285


Notices of motion, 3357, 3479

Rulings , 3285, 3286, 3287, 3288, 3291, 3361, 3394, 3395, 3396,

3398, 3399, 3400, 3402, 3515, 3516, 3517, 3518, 3520, 3521

Rulings by the Chair

Parliament House incident, 3318

TREZISE, Mr (Geelong)

Adjournment

Geelong truck routes, 3537


Australian Masters Games, 3364

Petitions


The Geelong Project, 3357

MEMBERS INDEX

VICTORIA, Ms (Bayswater) (Minister for the Arts, Minister for

Women’s Affairs and Minister for Consumer Affairs)

ASSEMBLY

WELLS, Mr (Scoresby) (Minister for Police and Emergency

Services and Minister for Bushfire Response)

Adjournment

Baringo Valley land clearance, 3477


Bendigo aged-care privatisation, 3477

Fire services property levy, 3477

Gippsland electorate graffiti, 3477

Industrial relations litigation, 3477

Patterson River dredging, 3477

WALSH, Mr (Swan Hill) (Minister for Agriculture and Food

Security and Minister for Water)

Adjournment

Toolangi horticultural sector, 3538


Desalination plant, 3288 ix

Adjournment

Ocean Grove fire services, 3539

Outlaw motorcycle gangs, 3475

Bills

Drugs, Poisons and Controlled Substances Amendment Bill 2013,

3295, 3417, 3418

Emergency Management Bill 2013, 3295, 3430, 3431

Victoria Police Bill 2013, 3295, 3421, 3427


Police stations, 3305



WOOLDRIDGE, Ms (Doncaster) (Minister for Mental Health,

Minister for Community Services and Minister for Disability

Services and Reform)

Adjournment

Department of Human Services parliamentary contact officers,

3476

WATT, Mr (Burwood)

Adjournment

Burwood electorate youth forum, 3352

Bills


3324


3524


Ashburton police station, 3364, 3486

Burwood electorate government achievements, 3364

Member for Monbulk, 3486



WELLER, Mr (Rodney)

Adjournment

Sporting uniform grants program, 3474

Bills



Cohuna Aerodrome, 3482


Rural and Regional Committee: impact of food safety regulation on farm and other businesses, 3387

WREFORD, Ms (Mordialloc)

Adjournment

Mordialloc electorate sporting facilities, 3537

Bills



Mordialloc electorate government achievements, 3361

Parkdale Family and Children’s Centre, 3309

Rotary Club of Mordialloc, 3309

Shindig at Mordialloc Life Saving Club, 3309

Woodlands Golf Club, 3309

Petitions

Animal cruelty, 3479

Cat and dog microchipping, 3479


Trade missions, 3397

WYNNE, Mr (Richmond)

Petitions


PARLIAMENTARY DEBATES (HANSARD)

PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES

(HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Book 13

15, 16 and 17 October 2013

Tuesday,

15 October

2013

Alert Digest

Wednesday, 16 October 2013

42 patients, but

Thursday,

17

October

2013

Frankston

National Police

Radio

Cabs

Remembrance Day

Electoral boundaries redivision

Derinya Primary School

Australian Tidy

Racquel

Towns

Watt

Awards

Tuesday, 15 October 2013

Related documents

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PARLIAMENTARY DEBATES (HANSARD)

PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES

(HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Book 13

15, 16 and 17 October 2013

Tuesday,

15 October

2013

Alert Digest

Wednesday, 16 October 2013

42 patients, but

Thursday,

17

October

2013

Frankston

National Police

Radio

Cabs

Remembrance Day

Electoral boundaries redivision

Derinya Primary School

Australian Tidy

Racquel

Towns

Watt

Awards

Tuesday, 15 October 2013

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