PROOF LEGISLATIVE ASSEMBLY DAILY HANSARD PARLIAMENT OF VICTORIA

PROOF
PARLIAMENT OF VICTORIA
LEGISLATIVE ASSEMBLY
DAILY HANSARD
Wednesday, 6 April 2011
SUGGESTED CORRECTIONS FOR THE FINAL EDITION MUST BE NOTIFIED TO THE EDITOR (ASSEMBLY) BY
12 NOON — FRIDAY, 8 APRIL 2011
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor
Professor DAVID de KRETSER, AC
The Lieutenant-Governor
The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. E. N. Baillieu, MP
Deputy Premier, Minister for Police and Emergency Services,
Minister for Bushfire Response, and Minister for Regional and Rural
Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. P. J. Ryan, MP
Treasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. K. A. Wells, MP
Minister for Innovation, Services and Small Business, and Minister for
Tourism and Major Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. Louise Asher, MP
Attorney-General and Minister for Finance. . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. R. W. Clark, MP
Minister for Employment and Industrial Relations, and Minister for
Manufacturing, Exports and Trade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. R. A. G. Dalla-Riva, MLC
Minister for Health and Minister for Ageing . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP
Minister for Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. M. F. Dixon, MP
Minister for Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for
the Teaching Profession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. P. R. Hall, MLC
Minister for Multicultural Affairs and Citizenship . . . . . . . . . . . . . . . . . . . . . The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood
Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister
responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads . . . . . . . . . . . . . . . . . . The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional
Cities and Minister for Racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. D. V. Napthine, MP
Minister for Gaming, Minister for Consumer Affairs, and Minister for
Energy and Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. M. A. O’Brien, MP
Minister for Local Government and Minister for Aboriginal Affairs. . . . . . The Hon. E. J. Powell, MP
Assistant Treasurer, Minister for Technology and Minister responsible
for the Aviation Industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. G. K. Rich-Phillips, MLC
Minister for Environment and Climate Change, and Minister for Youth
Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. R. Smith, MP
Minister for Agriculture and Food Security, and Minister for Water. . . . . . The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister
for Community Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr D. J. Hodgett, MP
Joint committees
Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane,
Mr Ramsay and Mr Scheffer.
Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar
and Ms Tierney.
Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and
Mr Tarlamis.
Family and Community Development Committee — (Council): Mrs Coote and Ms Crozier.
Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and
Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie.
Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott.
(Council): Mr P. Davis, Mr O’Brien and Mr Pakula.
Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and
Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey
Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe
Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT — FIRST SESSION
Speaker: The Hon. K. M. SMITH
Deputy Speaker: Mrs C. A. FYFFE
Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe,
Mr Pandazopoulus, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller.
Leader of the Parliamentary Liberal Party and Premier:
The Hon. E. N. BAILLIEU
Deputy Leader of the Parliamentary Liberal Party:
The Hon. LOUISE ASHER
Leader of The Nationals and Deputy Premier:
The Hon. P. J. RYAN
Deputy Leader of The Nationals:
The Hon. P. L. WALSH
Leader of the Parliamentary Labor Party and Leader of the Opposition:
The Hon. D. M. ANDREWS
Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition:
The Hon. R. J. HULLS
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
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
Howard, Mr Geoffrey Kemp
Hulls, Mr Rob Justin
Hutchins, Ms Natalie Maree Sykes
Kairouz, Ms Marlene
Katos, Mr Andrew
Knight, Ms Sharon Patricia
Kotsiras, Mr Nicholas
Languiller, Mr Telmo Ramon
1
Resigned 21 December 2010
District
Bendigo East
Mulgrave
Forest Hill
Brighton
Hawthorn
Oakleigh
Gembrook
Carrum
Yuroke
Narracan
Bundoora
Broadmeadows
Gippsland East
Hastings
Pascoe Vale
Ivanhoe
Box Hill
Mildura
Mill Park
Lowan
Nepean
Narre Warren North
Macedon
Bendigo West
Lara
Albert Park
Evelyn
Brunswick
Mount Waverley
Narre Warren South
Yan Yean
Thomastown
Ripon
Altona
Eltham
Kilsyth
Lyndhurst
Ballarat East
Niddrie
Keilor
Kororoit
South Barwon
Ballarat West
Bulleen
Derrimut
Party
ALP
ALP
LP
LP
LP
ALP
LP
LP
ALP
LP
ALP
ALP
Nats
LP
ALP
ALP
LP
Nats
ALP
Nats
LP
ALP
ALP
ALP
ALP
ALP
LP
ALP
LP
ALP
ALP
ALP
ALP
ALP
ALP
LP
ALP
ALP
ALP
ALP
ALP
LP
ALP
LP
ALP
Member
Lim, Mr Muy Hong
McCurdy, Mr Timothy Logan
McGuire, Mr Frank 2
McIntosh, Mr Andrew John
McLeish, Ms Lucinda Gaye
Madden, Mr Justin Mark
Merlino, Mr James Anthony
Miller, Ms Elizabeth Eileen
Morris, Mr David Charles
Mulder, Mr Terence Wynn
Napthine, Dr Denis Vincent
Nardella, Mr Donato Antonio
Neville, Ms Lisa Mary
Newton-Brown, Mr Clement Arundel
Noonan, Mr Wade Mathew
Northe, Mr Russell John
O’Brien, Mr Michael Anthony
Pallas, Mr Timothy Hugh
Pandazopoulos, Mr John
Perera, Mr Jude
Pike, Ms Bronwyn Jane
Powell, Mrs Elizabeth Jeanette
Richardson, Ms Fiona Catherine Alison
Ryall, Ms Deanne Sharon
Ryan, Mr Peter Julian
Scott, Mr Robin David
Shaw, Mr Geoffrey Page
Smith, Mr Kenneth Maurice
Smith, Mr Ryan
Southwick, Mr David James
Sykes, Dr William Everett
Thompson, Mr Murray Hamilton Ross
Thomson, Ms Marsha Rose
Tilley, Mr William John
Trezise, Mr Ian Douglas
Victoria, Mrs Heidi
Wakeling, Mr Nicholas
Walsh, Mr Peter Lindsay
Watt, Mr Graham Travis
Weller, Mr Paul
Wells, Mr Kimberley Arthur
Wooldridge, Ms Mary Louise Newling
Wreford, Ms Lorraine Joan
Wynne, Mr Richard William
2
Elected 19 February 2011
District
Clayton
Murray Valley
Broadmeadows
Kew
Seymour
Essendon
Monbulk
Bentleigh
Mornington
Polwarth
South-West Coast
Melton
Bellarine
Prahran
Williamstown
Morwell
Malvern
Tarneit
Dandenong
Cranbourne
Melbourne
Shepparton
Northcote
Mitcham
Gippsland South
Preston
Frankston
Bass
Warrandyte
Caulfield
Benalla
Sandringham
Footscray
Benambra
Geelong
Bayswater
Ferntree Gully
Swan Hill
Burwood
Rodney
Scoresby
Doncaster
Mordialloc
Richmond
Party
ALP
Nats
ALP
LP
LP
ALP
ALP
LP
LP
LP
LP
ALP
ALP
LP
ALP
Nats
LP
ALP
ALP
ALP
ALP
Nats
ALP
LP
Nats
ALP
LP
LP
LP
LP
Nats
LP
ALP
LP
ALP
LP
LP
Nats
LP
Nats
LP
LP
LP
ALP
CONTENTS
WEDNESDAY, 6 APRIL 2011
PETITIONS
Cycling: Box Hill to Ringwood rail trail ........................1
Rail: regional link ...........................................................1
Rail: Altona loop service.................................................1
Doreen: secondary college .............................................1
DOCUMENTS ......................................................................2
BUSINESS OF THE HOUSE
Adjournment....................................................................2
Orders of the day...........................................................29
Sessional orders ......................................................34, 48
MEMBERS STATEMENTS
Celebrate Mooroolbark 2011 .........................................2
Dental services: waiting lists ..........................................2
Penola Catholic College: redevelopment.......................2
Echuca Regional Health: funding ..................................3
Autism: eastern suburbs school ......................................3
Asian honeybees: control................................................3
Brunswick Secondary College: funding .........................4
Planning: Mount Eliza land............................................4
Toorak College: music centre opening...........................4
Geelong Trades Hall Council: Labour Day
dinner ..........................................................................4
Oxfam: Trailwalker fundraiser.......................................5
World Autism Awareness Day: Teddy Bears
Picnic...........................................................................5
Victorian Women’s Honour Roll: inductees ..................6
Schools: previous government performance ..................6
Schools: Kyneton K–12 school .......................................6
Youth: under-age drinking..............................................6
Sunshine Football Club...................................................7
Small business: Israeli products .....................................7
Berwick Trades Career Centre: funding ........................7
South Barwon Football and Netball Club......................8
Barwon Heads Bowling Club: 40th anniversary ...........8
Deakin University: funding.............................................8
Kangaroos: Eden Park cull ............................................8
World Autism Awareness Day ........................................8
Roberts McCubbin Primary School: students................9
Ashburton: community fun day.......................................9
Ian and Mena Camier: 60th wedding
anniversary..................................................................9
Brian and Miriam Cherry: 50th wedding
anniversary..................................................................9
Brimbank mental health forum .......................................9
Margaret Hardy: 80th birthday......................................9
MATTER OF PUBLIC IMPORTANCE
Industrial relations: government policy .........................9
DISTINGUISHED VISITORS........................................37, 92
QUESTIONS WITHOUT NOTICE
Mr Finn (Western Metropolitan): comments ...............38
Taxation: GST revenue .................................................40
Community services: critical incident reports..41, 43, 44
Auditor-General: Facilitating Renewable
Energy Development.................................................42
Police: election commitment.........................................43
Rail: Lynbrook and Cardinia Road stations ................45
Children: protection ............................................... 46, 47
Rock Eisteddfod Challenge: funding............................ 47
SUSPENSION OF MEMBER
Member for Yan Yean................................................... 46
RESIDENTIAL TENANCIES AMENDMENT (PUBLIC
HOUSING) BILL 2011
Second reading ..................................................... 58, 105
Third reading .............................................................. 106
MULTICULTURAL VICTORIA BILL 2011
Second reading ......................................... 59, 87, 92, 106
Third reading .............................................................. 106
PUBLIC HOLIDAYS AMENDMENT BILL 2011
Statement of compatibility ............................................ 79
Second reading ............................................................. 80
CRIMES AMENDMENT (BULLYING) BILL 2011
Statement of compatibility ............................................ 81
Second reading ............................................................. 82
FAMILY VIOLENCE PROTECTION AMENDMENT
(SAFETY NOTICES) BILL 2011
Statement of compatibility ............................................ 83
Second reading ............................................................. 84
DENTAL HOSPITAL LAND BILL 2011
Statement of compatibility ............................................ 86
Second reading ............................................................. 86
LIQUOR CONTROL REFORM AMENDMENT
BILL 2011
Second reading ........................................................... 101
Third reading .............................................................. 105
HEALTH SERVICES AMENDMENT (HEALTH
INNOVATION AND REFORM COUNCIL)
BILL 2011
Second reading ........................................................... 106
Third reading .............................................................. 106
ADJOURNMENT
Somerton Road: duplication....................................... 106
Kilsyth electorate: sports facilities ............................. 106
Roads: Yan Yean electorate........................................ 107
Princes Freeway: Morwell closure ............................ 107
Rail: Geelong station.................................................. 108
Schools: Forest Hill electorate................................... 108
Vertex: Ballarat customer support centre.................. 109
Floods: Murray Valley electorate .............................. 109
Essendon electorate: Lionsville aged-care
facility...................................................................... 110
Kananook Creek: management plan.......................... 110
Responses.................................................................... 111
PETITIONS
Wednesday, 6 April 2011
ASSEMBLY PROOF
Rail: Altona loop service
Wednesday, 6 April 2011
09:30
The SPEAKER (Hon. Ken Smith) took the chair at
9.33 a.m. and read the prayer.
09:35
PETITIONS
Following petitions presented to house:
Cycling: Box Hill to Ringwood rail trail
1
To the Legislative Assembly of Victoria:
The petition of certain citizens of the state of Victoria who
travel on the Altona train line draws to the attention of the
house the Baillieu government’s plan to cut train services, cut
the frequency of city loop trains and abandon the regional rail
link project.
In particular we note that these changes would:
1.
increase crowding on existing train services;
To the Legislative Assembly of Victoria:
2.
be less convenient for commuters;
The petition of residents of Victoria, particularly those
residing east of Melbourne, draws to the attention of the
house the need for a safe cycle trail following the railway line
from Box Hill to Ringwood to connect these planned central
activity districts, and to link with existing trails. The proposed
trail should as far as possible be off-road to encourage use by
schoolchildren and less confident riders of the general
population. Such a trail will reduce road congestion and
atmospheric pollution and simultaneously increase the health
and fitness of riders. Refer to the BHRRT report by
Whitehorse Cyclists 2010.
3.
result in further delays and longer travel times
The petitioners request that the Legislative Assembly of
Victoria constructs a 10 kilometre shared path between Box
Hill and Ringwood.
By Ms RYALL (Mitcham) (3031 signatures).
The petitioners therefore request that the Legislative
Assembly urges the Baillieu government to reverse its plans
to cut services and abandon the regional rail link project.
By Mr NOONAN (Williamstown) (323 signatures).
Doreen: secondary college
To the Legislative Assembly of Victoria:
The petition of certain citizens of the state of Victoria draws
to the attention of the house the rapid increase in families
moving to Doreen and Mernda, suburbs of northern
metropolitan Melbourne.
In particular we note:
Rail: regional link
1.
there are now almost 1000 students enrolled at
government primary schools in Mernda and Doreen,
with that figure set to increase in the years to come;
2.
there are no government secondary colleges in Mernda
or Doreen;
3.
land has been purchased by the previous Labor
government for a secondary college to be built in
Cookes Road, Doreen.
To the Legislative Assembly of Victoria:
The petition of Wyndham residents and public transport users
in the western suburbs of Melbourne draws to the attention of
the house the Baillieu government’s failure to commit to the
regional rail link project. In particular we note the project
would provide:
1.
2.
capacity for an extra 9000 passengers per hour by
providing up to 12 extra train services every hour on the
Werribee, Sydenham and Craigieburn lines;
two new stations in Manor Lakes and Tarneit, with the
Manor Lakes train tracks to be located in a full-depth
cutting between Lollypop Creek and Ballan Road in
Wyndham Vale;
The petitioners therefore request that the Legislative
Assembly urges the Baillieu government to urgently fund the
building of a secondary college in Doreen.
By Ms GREEN (Yan Yean) (328 signatures).
Tabled.
3.
4.
14 new grade separations to ensure no new road-rail
level crossings will be constructed, making sure that
local road links continue to flow;
Geelong, Ballarat and Bendigo with 50 kilometres of
dedicated new rail track running from West Werribee to
Sunshine and then through to Southern Cross station.
The petitioners therefore request that the Legislative
Assembly of Victoria ensure that this vital project proceeds.
By Mr PALLAS (Tarneit) (1790 signatures).
Ordered that petition presented by honourable
member for Williamstown be considered next day
on motion of Mr NOONAN (Williamstown).
Ordered that petition presented by honourable
member for Mitcham be considered next day on
motion of Ms RYALL (Mitcham).
Ordered that petition presented by honourable
member for Yan Yean be considered next day on
motion of Ms GREEN (Yan Yean).
DOCUMENTS
2
ASSEMBLY PROOF
Ordered that petition presented by honourable
member for Tarneit be considered next day on
motion of Mr NOONAN (Williamstown).
Wednesday, 6 April 2011
competitions; scouts and Country Fire Authority
activities; stalls selling a wide variety of goods; and as
always the stalwarts of the community, the Lions Club
of Mooroolbark, and its sausage sizzle.
09:40
DOCUMENTS
Tabled by Clerk:
Auditor-General:
Facilitating Renewable Energy Development —
Ordered to be printed
Problem-Solving Approaches to Justice — Ordered to
be printed
Crimes (Controlled Operations) Act 2004 — Report of the
Special Investigations Monitor under s 39
Parliamentary Committees Act 2003:
Government response to the Family and Community
Development Committee’s Report on the Inquiry into
the Adequacy and Future Directions of Public Housing
in Victoria
Government response to the Outer Suburban/Interface
Services and Development Committee’s Report on the
Inquiry into Farmers’ Markets
Statutory Rule under the Building Act 1993 — SR 14
Subordinate Legislation Act 1994 — Documents under s 15 in
relation to Statutory Rule 14.
The festival was supported by the Yarra Ranges Shire
Council, the Bendigo Bank and many other
organisations which donated funds to ensure that this
true community festival was a success. Congratulations
to the committee chair, Andrew Lang; the vice-chair,
Randall Bourchier; the secretary, Jean Mitchinson; and
their loyal band of helpers.
Dental services: waiting lists
Mrs FYFFE — Another matter I wish to raise is
dental waiting lists. The appalling inaction of the
previous Bracks and Brumby governments left many
poor, hardworking Victorians suffering excruciating
pain and waiting ridiculously long times to get basic
dental care. Two constituents came to my office on the
same day last week complaining about separate public
day dental clinics, the Ranges Community Health clinic
in Lilydale and the Royal Dental Hospital of
Melbourne. Both patients were on waiting lists for close
to three years, and they had even had to wait over
4 hours for emergencies. Fillings falling out, severe
nerve pain and gum inflammation did not count as
emergencies.
Penola Catholic College: redevelopment
BUSINESS OF THE HOUSE
Adjournment
Mr McINTOSH (Minister for Corrections) — I
move:
That the house, at its rising on Thursday, 7 April, adjourn
until Tuesday, 3 May.
Motion agreed to.
MEMBERS STATEMENTS
Celebrate Mooroolbark 2011
Mrs FYFFE (Evelyn) — This year’s Celebrate
Mooroolbark festival, held on Saturday, 26 March, was
a terrific event with a great family and community
atmosphere. Brice Avenue was closed off in the
morning for the fantastic parade of local groups, bands
and schools. Horse-and-carriage rides were very
popular with many visitors. The festival included
bagpipes; belly dancers; jumping castles; a miniature
railway; children’s activities, including writing
Mr McGUIRE (Broadmeadows) — I rise to
acknowledge the redevelopment of Penola Catholic
College in my electorate. Last week I had the privilege
of opening the digital language laboratory and the
hospitality centre at the Broadmeadows campus of the
school. It is critically important that students have
access to the highest quality infrastructure and
opportunities at school. The new hospitality centre
means students undertaking the school’s program will
no longer need to go elsewhere for practical experience.
The facilities add to the serene surroundings of the
school, which resemble those of a university campus,
and have helped to raise educational aspirations
throughout the community. When I asked the school’s
co-captain, Christian Makhol, what the new language
centre meant to students, he gave a one word response:
‘Awesome’. He meant that in both the original and the
contemporary meaning of the word. It sums up the
appreciation of students for what has been delivered
and their engagement in terms of what they can achieve
in the future.
MEMBERS STATEMENTS
Wednesday, 6 April 2011
ASSEMBLY PROOF
These state-of-the-art facilities provide students with
the highest quality of infrastructure, and I would like to
pay tribute to the Australian government for its
significant investment in the school.
09:45
I would like to applaud the federal member for Calwell,
Maria Vamvakinou, for her work in helping to deliver
these projects and thank the college’s principal,
Mr Christopher Blake, the chair of the college board,
Mrs Gabrielle Rees, and the Penola community for
their commitment to ensuring that their vision became a
reality. In particular I would also like to thank Madison
De Zilva and Christian Makhoul, the co-captains who
conducted the guided tour with infectious enthusiasm.
Echuca Regional Health: funding
Mr WELLER (Rodney) — I would like to thank
the Minister for Health for accepting my invitation to
visit Echuca Regional Health later this month for a
briefing on the urgent need to commence the hospital’s
redevelopment. The Liberal-Nationals coalition brought
great joy to the people of Echuca and district when it
came to power at the November election and
committed $40 million to this exciting and
long-overdue project. This $40 million commitment is
in stark contrast to Labor’s refusal to acknowledge or
fund the desperately needed upgrade during its 11 years
in government. The commitment includes a new
accident and emergency department, maternity,
paediatric, surgical and medical wards, a pharmacy and
a new reception area, public cafeteria and entry foyer.
At the conclusion of this redevelopment hospital bed
numbers will have increased from the current level of
68 to 113, representing a 66 per cent increase. In itself
this will provide a major boost in the ability of the
hospital to deliver the full range of health services so
necessary to a large and ever-growing regional centre.
I was pleased recently to receive confirmation of this
funding commitment in a letter from the Minister for
Health, and I am also appreciative of advice that the
Baillieu-Ryan government has written to the federal
Minister for Health and Ageing seeking additional
funding under the Health and Hospitals Fund for further
additional works at Echuca Regional Health. I look
forward to meeting with the minister when he visits
Echuca hospital on Tuesday, 19 April.
Autism: eastern suburbs school
Mr HULLS (Niddrie) — I want to congratulate the
principal, Gail Preston, and the parents of Wantirna
Heights ASD (autism spectrum disorder) facility on
their successful campaign to secure funding for the
3
second stage of the eastern autistic school. The school
is a very important facility catering for children with
autism spectrum disorder in the eastern suburbs. In
government Labor funded stage 1 and committed a
further $8 million for stage 2.
However, in what has become the standard operating
procedure of the Baillieu government, it dithered and
dithered and tried to rewrite history causing
unnecessary anxiety and uncertainty. The members for
Ferntree Gully and Bayswater inappropriately took the
principal’s comments out of context for their own
grubby political purposes. Along with my colleague,
Shaun Leane, who is a member for Eastern
Metropolitan Region in another place, I had the
pleasure of meeting with members of the ASD
secondary school action group. We are more than
happy to support their very important campaign on this
issue.
I am pleased to say that the clear arguments, passion
and commitment of the school principal, parents and
local community have now convinced a reluctant
minister to fund the vital next stage of this very
important facility, and we can now look forward to the
completion of the school, hopefully without any more
political game playing.
Asian honeybees: control
Mr BLACKWOOD (Narracan) — I rise to speak
on a major food security issue facing agribusinesses in
Victoria and across the nation due to a lack of
leadership by the federal government. Recently I had
the good fortune to speak with a local honey producer,
Mrs Jodie Goldsworthy from Beechworth Honey.
Mrs Goldsworthy has described to me the potential
devastation that the invasion of the Asian honeybee —
Apis Cerana — may cause.
This is a complex matter, and decisions must be made
on the best available scientific advice. However, there
is a substantial divergence of expert scientific opinion
on the potential of the Asian honeybee to spread across
the nation and into Victoria. There is scientific
uncertainty, and the potential consequences threaten
Australia’s honeybee industry, food producers and food
stakeholders as a whole, who are vital to Victoria’s
contribution to feeding not only its own population but
also the nation’s population. No satisfactory method
has been developed to control the Asian honeybees.
Finding the nest and destroying it has been the only
control measure used to date.
The cessation of eradication funding is the latest
indication that the federal government has no interest in
MEMBERS STATEMENTS
4
ASSEMBLY PROOF
Australia’s biosecurity, and it is costing business in
north-eastern Victoria. More than 200 bee campaigners
descended on Parliament House in Canberra earlier in
the month to protest the lack of action by the
Gillard-Brown government. I join with the federal
member for Indi, Sophie Mirabella, and the federal
shadow Minister for Agriculture and Food Security,
John Cobb, in calling for the federal Minister for
Agriculture, Fisheries and Forestry, Joe Ludwig, to do
the right thing by rural business and commit to further
eradication works.
09:50
Brunswick Secondary College: funding
Ms GARRETT (Brunswick) — It is becoming
increasingly apparent that this government is
determined to ignore the needs of our northern suburbs.
Of critical concern to the many constituents in my
electorate is the need to ensure that there is adequate
provision of quality secondary school places in the area.
Brunswick Secondary College has achieved great
success. It has had an outstanding reputation in recent
years and is subject to an ever-growing demand from
families in the area. It is a proudly diverse,
academically focused school with a strong commitment
to sports and the arts.
I was most disappointed with recent comments from
the spokesperson for the Minister for Education
indicating that the minister and this government will
continue to play politics with the provision of education
in this state, particularly in the northern suburbs. The
minister has refused to commit to schools in the north,
instead reiterating that only coalition election promises
will be given priority. This approach is not based on
good public policy or on the needs of this state’s
children.
At the last election the previous Labor government
committed to a substantial capital upgrade and
modernisation of Brunswick Secondary College which
would allow the school to expand its student body and
its offerings. This is important, given the growing
population in the area and the increase in the number of
families staying in the inner city to raise their children
through to adulthood. This growing demand has also
been acknowledged by the Department of Education
and Early Childhood Development.
In the lead-up to the budget and on behalf of my
constituents I reiterate my calls to this government to
come through with the goods for this vital school.
Wednesday, 6 April 2011
Planning: Mount Eliza land
Mr MORRIS (Mornington) — In late March the
Mornington Peninsula Shire Council moved to advise
the Minister for Planning of its support for a planning
scheme amendment to introduce controls to protect the
Mount Eliza Woodland area, similar to the controls
scuttled by former planning minister, the member for
Essendon, after they had gathered dust on his desk for
two years.
The council decision will support the government’s
election commitment to protect the Woodland area
from the threat of extensive subdivision. It will allow
local and state agencies to work with the community to
introduce planning controls in line with community
expectations and protect this sensitive area from
inappropriate development.
The plan to protect the woodlands has a very high level
of support, both within the immediate area and in the
broader communities of Mount Eliza and Mornington. I
congratulate the council on its decision to continue its
support for an appropriate planning regime for the
Woodland area, and I look forward to working with the
council and the community to achieve the best possible
outcome.
Toorak College: music centre opening
Mr MORRIS — On another matter, last
Wednesday night, my wife Linda and I had the great
pleasure of attending the opening of the Toorak College
music centre. The centre is an exciting project which
provides opportunities for students to take individual
lessons, rehearse in ensembles, compose and record
music, and of course perform in an indoor/outdoor
performance space. The centre brings together students
of all ages, musical disciplines and teaching staff under
the one roof.
Opening night was headlined by James Morrison and
a cappella group The Idea of North, who were joined
by many staff and students from the school,
culminating in a grand finale of over 200 talented
performers.
My congratulations to the Toorak College board,
principal Noel Thomas and the school music staff on a
tremendous achievement.
Geelong Trades Hall Council: Labour Day
dinner
Mr TREZISE (Geelong) — On Friday, 18 March, I
once again had the privilege of attending the Geelong
Trades Hall Council’s Labour Day dinner. As usual the
MEMBERS STATEMENTS
Wednesday, 6 April 2011
ASSEMBLY PROOF
night was a resounding success, with in excess of
250 people commemorating the history of Labour Day,
the Eight-Hour Day and the union movement in
Geelong. Fittingly, a book titled 100 Years of
Struggle — The History of Geelong Trades Hall
Council was launched. The book was researched and
written by Allan Sargent, and I congratulate him on his
efforts.
The night also saw a number of other important
achievement recognised. Anne Morrison, office
manager at the Geelong Trades Hall Council, has
provided 20 years of dedicated service, and this service
was recognised with a moving presentation to her. I
take this opportunity to commend Anne on her service
and thank her for all the help she has given me over the
years.
In addition, each year the Geelong Trades Hall
Women’s Network recognises one female unionist for
her work or achievements throughout the year. Fittingly
in 2011 Sharon Rowlands, an Australian Services
Union delegate, was recognised for her work and
commitment in negotiating into the workplace
enterprise bargaining agreement a clause covering leave
for employees who are affected by domestic violence. I
congratulate Sharon on her work in paving the way by
negotiating the introduction of this groundbreaking
clause.
Finally I commend the Geelong Trades Hall Council
secretary, Tim Gooden, and president, Dave Ball, and
their team for another successful Labour Day dinner
and for their important work in representing, protecting
and promoting workers’ rights in the Geelong area.
Oxfam: Trailwalker fundraiser
Mr NORTHE (Morwell) — Last Friday I had the
opportunity to witness the 100 kilometre Oxfam
Trailwalker endurance event commencing at Jells Park,
Wheelers Hill, and concluding at Wesburn Park near
Warburton. This is an amazing endurance event that
raises funds to support those in need, and this year’s
event raised approximately $2.5 million. Many
residents from the Gippsland region competed in this
year’s event, and one can only admire the efforts of all
the participants from in excess of 700 teams.
I had the pleasure of being part of the support crew for
the Fearless Foursome team consisting of four ladies
from the Morwell electorate. Sandra Timmer-Arends,
Deb Piercy, Leanne Keating and Jenny Northe
completed the 100 kilometres in 13 hours and
40 minutes, finishing in 10th place and not far behind
5
Team Holding. It was a great effort by these ladies and
all competitors.
Also competing was Team Whoopsadaisy, consisting
of members from the Latrobe Valley police force,
including Constable Sarah Bartorelli and Sergeant
Sharon Matheson. Team Crorajoto and Macca’s Megga
Team competed in honour of a past participant, Dave
‘Crocka’ Williams, who passed away suddenly on New
Years Day at the age of 38.
Crocka was a local Churchill football legend who was
widely respected, not only by the football community
but by the community in general. I also applaud the
Churchill Football Netball Club for hosting a recent
dinner to raise funds for Crocka’s family. The
fundraiser was a huge success with a massive crowd in
attendance, and it was a fitting tribute to a person who
was universally admired. Our sympathies are with
Crocka’s wife, Kylea, and their three children.
World Autism Awareness Day: Teddy Bears
Picnic
Ms HUTCHINS (Keilor) — I rise to acknowledge
the second year of the Teddy Bears Picnic in Keilor on
2 April, World Autism Awareness Day, which I
attended. The annual picnic raises awareness about
autism, raises funds for the non-profit organisation
Autism Angels and provides a fun day out for local
families, including families with autistic children.
Autism Angels, led by its president, Dina, and
secretary, Despina, does an amazing job advocating on
behalf of families with autistic children in the west.
I also commend the Taylors Lakes Lions Club on its
efforts in organising the event, staffing the teddy bears
doctor stall and assisting with the barbecue. I
acknowledge the sponsorship of Brimbank City
Council and the volunteers from the council, in
particular Dominic, Effie and Lisa Frost. I also
acknowledge the volunteer efforts of Don, Margaret,
Virginia, Jackie, Diane and Mark.
It was a great event with a sausage sizzle, a jumping
castle, a teddy bears doctor stall, a teddy bears fashion
parade and a teddy bears and kids dance-off, which was
a highlight of the day. Special thanks go to the member
for Altona and her staff for their kind contributions and
donation of two large teddy bears and to Steve Moncur
from Aussie Farmers, our local milkman, for providing
the fruit and vegie boxes for the raffle.
09:55
MEMBERS STATEMENTS
6
ASSEMBLY PROOF
Victorian Women’s Honour Roll: inductees
Mr THOMPSON (Sandringham) — I mark the
induction of two Sandringham electorate residents into
the Victorian Women’s Honour Roll. Professor
Jayashri Kulkarni is described on the Department of
Planning and Community Development website as:
Winner of the 2010 New Inventors grand final for inventing a
biomarker device to diagnose mental illness. Internationally
recognised for her work in the treatment of mental health
disorders, particularly in women’s mental health, pioneering
the use of oestrogen as a treatment in schizophrenia and
depression.
I also acknowledge the excellent contribution of the
many professionals working in the field of mental
health who have made an important contribution to the
welfare of my constituents in the Sandringham
electorate.
Ms Virginia Simmons, the other inductee whose
induction I wish to mark, is described by the
department’s website as an:
… innovator in vocational and tertiary education. First
female director of a TAFE Institution in Victoria; longest
serving female TAFE CEO and director in Victoria
(Chisholm).
She also pioneered youth training access to TAFE and
funding support for people from culturally and
linguistically diverse backgrounds.
Schools: previous government performance
Mr THOMPSON — I also mark the failure of the
previous government to properly fund Victorian
secondary schools. When I was first elected to this
place I was staggered to learn that in Labor heartland
schools had walls that had been kicked in and spouting
that had rusted up, with weeds growing out of it. I find
it remarkable that in the current context, when the
Labor Party has been in office for almost 75 per cent of
the last three decades — —
The SPEAKER — Order! The member’s time has
expired.
Schools: Kyneton K–12 school
Mr HOWARD (Ballarat East) — Kyneton
Secondary College is a great school with a great
history. However, many of its facilities are in need of
major redevelopment. This redevelopment would have
been under way, but the college, working with the
primary school, recognised a greater educational
opportunity for Kyneton and the surrounding district if
the schools developed a master plan together.
Wednesday, 6 April 2011
Principals Glenn Davey, of the secondary college, and
Wendy Pearce, of the primary school, have therefore
worked with their school communities, Macedon
Ranges Shire Council and the local Lady Brooks
Kindergarten, along with the regional education office
and many other interested stakeholders, including me.
The master planning process has worked well over the
past five years and has seen the educational community
develop an exciting plan for a new K–12 school to be
located on and adjacent to the present secondary
college site.
In recent years both the primary school and the
secondary school have relinquished their opportunities
to apply for major federal stimulus funding. The school
community, working with the regional education office,
is very excited by its plans, which it sees as highlighting
the need to start works to replace buildings on the
secondary college site as quickly as possible. The
school community and I have made the new education
minister aware of the situation and have encouraged
him to visit, but I hope this can happen as a priority and
that the schools will receive substantial funding in the
upcoming budget to enable this plan to become a
reality.
Youth: under-age drinking
Ms MILLER (Bentleigh) — Recently I visited
several schools in the Bentleigh electorate to talk to
them about politics and the political system. I was
struck by the amount of concern these young people
have about under-age drinking, including legalities and
potential health effects. The acceptance of alcohol
within both their friendship groups and their families
led them to the understanding that under-age drinking
was okay. Over the 11 long years of Labor the previous
government turned a blind eye to this escalating
alcohol-fuelled behaviour on our streets and the
growing problem of under-age drinking.
The Baillieu government is taking the lead and a strong
position by saying that under-age drinking is not okay.
The students and I discussed the real risks involved
with alcohol — not just the medical effects but the
dangers involved with drink driving and impaired
judgement. I used the horrifying example of the recent
tragedy at Crib Point, where a car load of five navy
cadets hit a concrete power pole, killing two and
injuring three. It is unfortunate that extreme imagery
and true-life situations are required to illustrate to some
young people the real dangers of alcohol and to show
them that they are not invincible.
I commend the students of Bentleigh for listening and
now starting to think before they drink, and I applaud
10:00
MEMBERS STATEMENTS
Wednesday, 6 April 2011
ASSEMBLY PROOF
the Baillieu government for providing a clear direction
for our youth into the future.
Sunshine Football Club
Ms THOMSON (Footscray) — Last Wednesday
the member for Derrimut and I were fortunate to attend
the Western Football League’s season launch. I was
very pleased that Sunshine Football Club, which is in
my electorate, and the Sunshine Heights and Altona
junior football clubs were the recipients of the 2010
teams of the year awards. It was a fantastic night
enjoyed by all, and I congratulate the organisers of the
event.
In this statement I want to concentrate on the Sunshine
Football Club, which does wonderful work in a very
disadvantaged area encouraging many people from
many different ethnic groups to participate in
Australian Rules football. The club creates an
atmosphere where friends and family can go and enjoy
the club’s activities. I congratulate everyone involved in
the management of the club on their well-deserved
award, and I wish them all the best for the 2011 season.
I will certainly be supporting them through the year.
Last year the Brumby government gave a grant to the
Sunshine Football Club to renovate its kitchens, and I
am looking forward to seeing meals served from that
kitchen to the hundreds of people who come there to
have a meal every Thursday night. I also look forward
to working with them on the development of their
grounds and meeting their future needs and the future
needs of young people.
Small business: Israeli products
Mr SOUTHWICK (Caulfield) — I rise to speak
about a protest which was held in Melbourne Central
shopping centre last Friday, where extreme groups,
largely comprised of left-wing students, attempted to
threaten and intimidate retailers selling Israeli-made
goods as part of a disgraceful and racist Boycott
Divestment and Sanctions, or BDS, campaign. This
global campaign, which carries the endorsement of the
New South Wales branch of the Australian Greens, is
an appalling effort by the extreme left to attack Israel
through consumer-led sanctions, with the aim of
hurting Israel’s economy and small businesses here in
Victoria for having the audacity to sell Israeli products.
The retailers here in Melbourne suffered financial loss
owing to the need to close, and their staff were
intimidated and denied the right to work while the
leftist anti-Israel fanatics rampaged through the public
shopping centre. This is even more concerning when it
7
appears that this group is determined to cause mayhem
and in some cases violence. There is now talk that this
group is not only threatening businesses that sell Israeli
products but businesses that are owned by members of
the Jewish community.
Given this local disgraceful activity in Melbourne and
the current turmoil in the Middle East, it is
disappointing to hear that on this day the Labor Party,
through the member for Thomastown, seeks to create a
Victorian Parliamentary Friends of Palestine friendship
group. I know that Melbourne’s Jewish small business
community will not be threatened, intimidated or
prevented from trading as a result of the actions of this
extreme element in our society. I am sure that Bialik
College, which has representatives in the gallery today,
will be aware of this issue.
Berwick Trades Career Centre: funding
Ms GRALEY (Narre Warren South) — Chisholm
TAFE needs certainty from the Baillieu government
over the future of the Berwick Trades Career Centre.
The former Labor government has a proud record in
providing for the vocational education and training
needs of our young people in the south-east. We built
the Berwick Technical Education Centre (TEC), which
has been highly successful in the completion of
pre-apprenticeship programs.
The greatest immediate need for the current and future
training and employment prospects of our young people
is the trades career centre. The centre is needed to offer
pathways to further training, apprenticeships and
employment for those completing pre-apprenticeships
at the TEC.
Chisholm TAFE, under the leadership of the chief
executive officer, Maria Peters, has been lobbying hard
for this facility for a long time. I have met with
Ms Peters on a number of occasions, and I brought the
matter to the attention of the former Labor government.
I was pleased with our pre-election commitment of
$23 million to build the Berwick Trades Career Centre.
The Baillieu government has so far refused to match
Labor’s commitment and provide funding for this
important facility. In fact the member for Gembrook
suggested in the Casey Weekly Berwick that he and the
Baillieu government are unsure of the requirements of
Chisholm TAFE. The government can deliver on this.
One need only look at the midyear financial report to
see that it has inherited 11 years of sound financial
management and a substantial budget surplus. The
Berwick Trades Career Centre would be located in
what we commonly refer to as the Berwick education
10:05
MEMBERS STATEMENTS
8
ASSEMBLY PROOF
precinct, which includes the TAFE, TEC, Monash
University and Nossal High School — all proud
achievements of the Bracks and Brumby governments.
If the member for Gembrook and the Liberal
government cared about the education and training
needs of young people in our community, they would
ensure that the funding for the Berwick Trades Career
Centre is included in the coming state budget. Our
community and our young people deserve nothing less.
South Barwon Football and Netball Club
Mr KATOS (South Barwon) — On Saturday I had
the pleasure of attending the season launch of the South
Barwon Football and Netball Club. There is no doubt
that it has been one of the most successful clubs in
Geelong Football League history, winning the 2001,
2005, 2006, 2007, 2009 and 2010 premierships.
I was also very humbled, along with Margaret
Whealan, to be made the club’s no. 1 ticket-holder for
the 2011 season. Congratulations to club president
Richard Holz on organising a fantastic event. I wish the
club every success for the 2011 season.
Barwon Heads Bowling Club: 40th anniversary
Mr KATOS — On Sunday I attended the
40th anniversary of the Barwon Heads Bowling Club. It
was a good old-fashioned community afternoon, with
the clubrooms filled to capacity. The first Barwon
Heads Bowling Club committee was formed in 1971
and included Mr John Van Den Eykel, who is a life
member and still bowls at the club today. I would like
to congratulate men’s president Les Jennings, women’s
president Sandra Green and executive officer Maureen
Brooks. The club now has around 120 active members.
I wish the Barwon Heads Bowling Club every success
over the next 40 years.
Deakin University: funding
Mr KATOS — I am proud that there is already an
excellent working relationship between the Baillieu
government and Deakin University. Last week the
Baillieu government announced $10.2 million to go
towards 311 new beds for student accommodation at
Deakin University’s Waurn Ponds campus.
Approximately 70 per cent of students who study in
regional Victoria stay in the region where they study.
I would also like to welcome the Victorian
government’s announcement of $7 million towards a
new regional community health hub at Deakin
University’s Geelong campus. The health hub is
Wednesday, 6 April 2011
expected to accommodate 1500 new students and
172 new staff — —
The DEPUTY SPEAKER — Order! The
member’s time has expired.
Kangaroos: Eden Park cull
Ms GREEN (Yan Yean) — This morning I call on
the Minister for Environment and Climate Change to
take action to suspend and withdraw the Department of
Sustainability and Environment’s issuing of permits to
Northern Melbourne Institute of TAFE to cull
300 kangaroos at Eden Park within the Yan Yean
electorate. It is extremely disappointing that the DSE
has issued cull permits in this instance without
consulting the local community. This is a sensitive
environmental issue which has raised considerable
concern in the community. Residents have expressed
their anguish over the welfare of kangaroo populations
and the lack of notification and consultation with the
community. Many residents in Whittlesea and district
remain traumatised following the fires of Black
Saturday, and the loss of kangaroo families is simply
another symbol of loss and damage to our community’s
fragile environment.
The Royal Society for the Prevention of Cruelty to
Animals has advised that it will investigate all reports
of animal cruelty in the kangaroo cull. I call on the
department to provide information to the residents of
the city of Whittlesea on the following questions: how
many kangaroos are to be shot; who will do the
shooting and what expertise do they have; how will the
culling be monitored and recorded; how is it decided
what kangaroos are shot — male, female or joeys; what
will happen to joeys that are orphaned in this process;
how will our neighbours notified; and, importantly,
how will their safety be protected?
In 2005 I was involved in a similar case in the shire of
Nillumbik, and there were new protocols adopted by
the then Minister for the Environment, John Thwaites,
which protected the kangaroo populations and the
community. I call on the government to adopt these
protocols, protect the local community and protect the
kangaroos at Eden Park.
World Autism Awareness Day
Mr WATT (Burwood) — On Saturday, 2 April, I
joined approximately 1500 Victorians, including the
Minister for Community Services, in a walk from
Peanut Farm Reserve to the lower esplanade in
St Kilda. The walk was in recognition of World Autism
Awareness Day and coincided with the release of
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
thousands of multicoloured balloons representing the
individuality of those with autism spectrum disorder.
10:10
I would like to congratulate Murray Dawson-Smith and
Autism Victoria for organising the walk.
I would like to mention the work of Matt Hore who
organised a walk the Kokoda track in October this year
to raise money and awareness of autism. I am sure that
all those touched by autism would join me in thanking
Matt for his efforts.
Roberts McCubbin Primary School: students
Mr WATT — I recently visited Roberts McCubbin
Primary School in my electorate and was joined by the
Minister for Education. Roberts McCubbin students
have been making paper cranes for their fellow
Japanese students as a sign of compassion and
optimism following the recent disaster in Japan,
something that I am sure will be well received.
Ashburton: community fun day
Mr WATT — I invite all members, along with
members of the Ashburton community, to join in the
community fun day on 10 April at Markham Reserve.
The day will include a soccer game between
community members and police as well as a
world-record tunnel ball attempt. Everybody is
welcome.
Ian and Mena Camier: 60th wedding
anniversary
Mr WATT — I congratulate Ian William and Mena
Patience Camier on their 60th wedding anniversary
celebrated on 31 March 2011. What a marvellous
milestone.
Brian and Miriam Cherry: 50th wedding
anniversary
Mr WATT — I congratulate Brian and Miriam
Cherry on their 50th wedding anniversary celebrated on
31 December 2010.
Brimbank mental health forum
Mr LANGUILLER (Derrimut) — I was happy to
attend the Brimbank mental health forum organised by
the Latino-American Women’s Association of Victoria.
People living in communities in the western suburbs are
susceptible to suffering mental illness in silence,
according to community leaders. The Latino-American
Women’s Association of Victoria coordinator Cecilia
Gomez-Benitez said the stigma around mental illness
9
keeps many people from discussing the matter with
anyone, even friends and family. She said:
We cannot say anything if we are suffering. People are afraid
to accept they have a mental illness, to go out and find the
help they need.
This realisation prompted Ms Gomez-Benitez, a
Sunshine West resident, to organise a mental health
forum at Glengala Community Centre last Friday. The
forum is open to all residents in the region. Speakers
included Vanessa Couzens, sharing her experience of
mental illness, and Janet Glover, manager of Mind’s
Building Family Skills Together. Stress, psychosis,
bipolar disorder and schizophrenia were among the
topics that were discussed. Vanessa talked about her
experiences and how friends and family have helped
her through the journey, according to the stories that
she took to the forum. This event, like many other
events, was organised for the purposes of breaking
down the barriers of social isolation, and was another
crucial step in tackling mental illness. I commend the
organisation for its good work and encourage it to
continue.
Margaret Hardy: 80th birthday
Ms CAMPBELL (Pascoe Vale) — Congratulations
to the kindest, most beautiful and youngest-in-heart
woman in my electorate, who today celebrates the first
anniversary of her 79th birthday. Happy birthday,
Mum.
MATTER OF PUBLIC IMPORTANCE
Industrial relations: government policy
The DEPUTY SPEAKER — Order! The Speaker
has accepted a statement from the member for Tarneit
proposing the following matter of public importance for
discussion:
That this house condemns the Premier for his sustained attack
on Victorian workers through:
(1) proposing wage increases below inflation for Victorian
public sector workers;
(2) passing as his first act the Shop Trading Reform
Amendment (Easter Sunday) Bill 2011;
(3) seeking a reduction in the minimum hours of work for
young people; and
(4) constraining wage increases for Victoria’s lowest paid
workers.
Mr PALLAS (Tarneit) — It gives me great pleasure
to address this chamber in respect of the matter of
MATTER OF PUBLIC IMPORTANCE
10
ASSEMBLY PROOF
public importance. At the outset I make the point that
this is a government which in many ways sought to
obtain the high office of government in this great state
in misleading and contrived circumstances. It told the
people of Victoria, in what effectively constituted a
commitment, that it was about making sure that
Victoria’s welfare and wellbeing would be protected.
Of course it has failed to deliver the high standard it set
for itself.
a shred of introspection this government has shown that
it does not care that workers will be required to work on
Easter Sunday without even being afforded public
holiday rates of pay. What an outrage! It is a
demonstration of this government’s priorities.
To demonstrate exactly how far this government has
fallen below the level of expectation, I will quote a
Scottish essayist, Thomas Carlyle, who once wrote in
relation to wages:
Mr PALLAS — One of the most important dates in
terms of festivities and religious belief has in effect
been made a day on which workers can be made to
work while receiving only ordinary Sunday rates of
pay. All the government had to do to show one shred of
compassion for working people was to ensure that it at
least had the day gazetted as a public holiday, but those
opposite could not bring themselves to do it.
A fair day’s wages for a fair day’s work: it is as just a demand
as governed men —
and women in our case —
ever made of governing.
The mere fact that workers seek a just pay for their
work is or should be something that is a matter of
bipartisan acknowledgement and the right and
entitlement of every working person. The right to a fair
day’s wages for a fair day’s work is something that the
Labor Party has for many years sought to achieve for
both men and women in the state of Victoria and right
across the country.
10:15
Wednesday, 6 April 2011
It is a core belief of the group of men and women who
sit on this side of the chamber. It is not so for the men
and women who sit opposite and their leader,
Premier Baillieu. Since its election to office this
government has shown time and again that it is
prepared to break promises and that it is prepared to
break the hearts of the working people who put so
much faith in the coalition at the last election. So far the
achievements of the Victorian government include its
proposed wage increases at a rate that is below inflation
for Victorian public sector workers. So much for the
commitment to assist working people!
Mr Clark interjected.
Mr PALLAS — I hear from the minister at the table
that that is not right. Of course the minister will at some
stage rise and explain to us how an offer of 2.5 per cent
is anything other than a reduction in real wages.
We then saw the government pass as its first act the
Easter Sunday trading bill, which will be crippling for
Victoria’s small retailers as they will be forced to open
under the changed requirements. Let us not forget what
this will mean for employees on Easter Sunday. The
two days before Easter Sunday and the two days after
Easter Sunday will be public holidays, but without even
Honourable members interjecting.
The DEPUTY SPEAKER — Order!
What else has the government done? It has sought a
reduction in the minimum hours of work for young
people, and it has constrained wage increases for
Victoria’s lowest paid workers. There is no real
commitment to a fair day’s wages for a fair day’s pay
for Victorians — —
Ms Ryall — On a point of order, Deputy Speaker, I
believe the member is reading from his notes.
The DEPUTY SPEAKER — Order! Is the
member reading from his notes?
Mr PALLAS — Less than the transport minister
was yesterday, but let me say — —
The DEPUTY SPEAKER — Order! Can the
member confirm that he is referring to notes?
Mr PALLAS — I am referring to notes.
The DEPUTY SPEAKER — Order! The member
for Tarneit, to continue.
Mr PALLAS — Here we are in a position where
we have a government that is in effect prepared for its
principles to be constrained. Let us think for a moment
about where this government has let Victorians down
and what its philosophical predisposition is. Let us not
forget — —
Ms Ryall — On a point of order, Deputy Speaker, I
believe the member is reading from his notes.
The DEPUTY SPEAKER — Order! Members are
permitted to refer to notes but not to read whole
speeches. I ask the member for Tarneit to confirm
whether he is reading from notes.
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Mr PALLAS — I am referring to my notes, Deputy
Speaker.
The DEPUTY SPEAKER — Order! The member
for Tarneit, to continue.
Mr PALLAS — Let us not forget the observations
that the now Minister for Public Transport made when
he compared workers to dogs in this chamber. He said:
It is possible for a dog to replace two people on a farm. On a
big farm a farmer would pay $30 000 a year for each labourer
hired. A dog would not attract any WorkCover premiums,
superannuation, holiday pay or sick leave entitlements. It
would never complain, and it is cheap and easy to maintain. It
is hard to replace that type of value-added source of farming
income.
There you go. Members have heard from the now
Minister for Public Transport, who is now known by
working people throughout the state as Old Two Dogs.
We have heard his basic belief that you can compare
the productive value of workers to that of dogs. In
many ways we see nothing other than a continued
diminution of the contribution working people have
made to this state’s productivity.
On WorkChoices and AWAs (Australian workplace
agreements) we know exactly where those opposite
stand. They support antiworker legislation, as we see,
for example, from what the now Minister for
Corrections said on 10 August 2006 in this place:
… when you compare award conditions with conditions
under an AWA, you are almost universally better off under an
AWA.
10:20
That is very interesting, because work has been done
comparing this in a considered way — that is, when
ideology has not been the motivating factor behind the
comparison. Professors David Peetz and Alison Preston
conducted a study in July 2007 in which they found that
the median AWA worker earnt 16.3 per cent less than
the median EBA (enterprise bargaining agreement)
worker. They found that men on median AWA
earnings earnt 15.4 per cent less on AWAs than on
EBAs. They also found that typically Victorian workers
not on collective agreements earnt 23 per cent less than
workers on collective agreements, which reflected the
industry composition of employment in Victoria and
different patterns of AWA uptake by industry.
Putting aside ideology, overwhelmingly what we see is
that if you deny the fact that there is a difference in
bargaining position and you put workers in a position
where they have to bargain with their employer, then of
course workers will lose out when they are on their own
because the bargaining position and economic power an
employer wields is far superior than anything an
11
isolated worker can muster. That is why the state has to
maintain a role of moderating and regulating fair and
effective outcomes. That is where this government has
so far failed Victorian workers. In effect it has indicated
that it will continue to be supportive of the idea of
individual choice over collective bargaining even when
it comes to a worker seeking to get just pay for their
work, as Thomas Carlyle said.
On 10 August 2006 in this place the now Premier said,
‘WorkChoices is about two things — work and
choices’. He went on to say that WorkChoices:
… provides them —
employers and employees —
with the prospect of flexibility — and they can choose. They
can choose their collective arrangements. They can choose to
be represented. They can choose to do it the minister’s
way —
as it then was —
if they want to. They can also choose to represent themselves
with AWAs and be part of a flexible system.
…
WorkChoices offers Victorians the capacity to control their
working relationships.
I do not believe you would ever hear anything more
ludicrous, anything further from what is the reality of
the interaction between worker and employee, and
anything that could be any more patrician in its
perspective.
We know by the voting record of this government
exactly where it stands when worker legislation is
brought before this place. We can look at all the bills
that the now government opposed when it was in
opposition — bills such as the Federal Awards
(Uniform System) Act 2003, the Outworkers
(Improved Protection) (Amendment) Act 2005, the
Owner Drivers and Forestry Contractors Act 2005, the
Occupational Health and Safety Act 2004, the Child
Employment Act 2003, the Long Service Leave
(Amendment) Act 2003, the Long Service Leave
(Preservation of Entitlements) Act 2006, the
Construction Industry Long Service Leave
(Amendment) Act 2004, the Workplace Rights
Advocate Act 2005, the Public Sector Employment
(Award Entitlements) Act 2006, the Working with
Children Act 2005, the Victorian Workers’ Wages
Protection Act 2007, the Equal Opportunity
Amendment (Family Responsibilities) Act 2008 and
the Equal Opportunity Amendment Act 2007. It is a list
of shame which demonstrates that this government’s
MATTER OF PUBLIC IMPORTANCE
12
ASSEMBLY PROOF
preferences and priorities are clearly constrained. Its
view is that what it really should be doing is providing
rights and entitlements to employers and businesses,
and it shrouds its disdain and lack of concern for
working people by hiding behind a mantra of ‘freedom
of choice’.
10:25
During the election the Premier and the member for
Doncaster, who is now the Minister for Women’s
Affairs and the Minister for Community Services,
promised a pay rise to the community sector if it was
ordered by Fair Work Australia, even if the budget for
it went over $200 million over four years. However,
following the election the Premier and the Minister for
Community Services suddenly backflipped on the
promise and in effect abandoned that commitment to
community workers, who are predominantly female.
That should come as no surprise. It is more evidence
that the government supports the big end of town and
pursues antiworker policies. That was seen in the first
act it passed after coming to government and its refusal
to enable public holidays entitlements.
The government has set its colours to its mast. I will
refer back to its fundamental philosophical
predisposition and quote a Liberal in the small ‘l’ sense
of the word, the founding father of the Liberal Party. In
his famous 1942 speech, The Forgotten People, Robert
Menzies talked about people being more than mere
calculations in an economic equation. He went on to
say in his last address to the Liberal Party federal
council in 1964 that individual welfare and the
development of men and women must be the main
concern of government. Whatever happened to the
Liberal Party that Robert Menzies founded? Where is
the concern for individual men and women? It is lost,
because the Liberal Party is valueless. That is not the
creed of the Premier and his team, which has
effectively undermined the coalition’s commitment to
more police numbers and to real wage increases. The
Liberal Party gave a commitment to teachers that they
would be the highest paid in the country, but we have
seen nothing of it.
The Premier has never in this chamber uttered the
words ‘wage’ and ‘increase’ in the same sentence. That
shows where his priorities lie. He has absolutely no
concern for working people. It is about time that this
government lived up to its policies and its promises and
looked after working people in this state.
Mr CLARK (Attorney-General) — What a
laborious effort by the member for Tarneit! He tried to
mount an attack on the government, but it is clear his
heart was not in it. He obviously drew the short straw in
Wednesday, 6 April 2011
caucus and was sent out to mount this weak, rostered
attack without being committed to it.
If one wants to see any evidence of the lack of
commitment and the lack of attention to the motion that
has been moved in this house, one need only look at
item 2 of the honourable member’s matter of public
importance. He claims that the Premier passed as his
first act the Shop Trading Reform Amendment (Easter
Sunday) Bill 2011. That is absolutely factually untrue.
One need only look at the Legislative Council Hansard
to see that it is not true. One can see at page 478 of
Hansard of Tuesday, 22 March, that the first piece of
legislation passed through this Parliament was in fact
the Shrine of Remembrance Amendment Bill 2011. It is
just plain factually wrong. If the member cannot get the
basics right, how can he expect the rest of his motion to
have any credibility?
Just in case the honourable member and his colleagues
want to try to weasel out of that and say they are talking
about the first piece of legislation to end up on the
statute book, that is wrong again. The first bill to end up
as the first act of 2011 on the statute book is the Civil
Procedure and Legal Profession Amendment Act 2011.
The honourable member has not done his homework
and has not got his facts right. His matter has no
credibility whatsoever.
Let us go through the rest of the items that the member
for Tarneit has put in the motion. Item 1 relates to the
government’s wages policy. The fact of the matter is
that we have basically continued the policy of the
previous Brumby government. Under the previous
government’s policy the initial guideline increase was
2.5 per cent. That was introduced by the previous
government in 2009, and it is being continued by the
current government. The singular difference between
our wages position and that of the previous government
is that increases above that 2.5 per cent need to be
matched by genuine productivity savings, unlike the
charades the previous government often engaged in.
We are more than happy to arrive at a figure above the
2.5 per cent starting point guideline, as long as it is
accompanied by genuine productivity savings. We
would welcome that, because we are looking for a
flexible, innovative and productive workforce. The
honourable members opposite should stop crying
crocodile tears over this matter. Let me make a further
point about the 2.5 per cent starting point guideline. It is
consistent with many other states around the nation,
including Labor-governed states. There is nothing out
of the ordinary on that point. It is a continuation of the
position of the previous government.
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Let us leave aside the honourable member’s basic error
about the Easter Sunday trading bill being the first act
passed under the new government and look at the issue
of substance. The debate on this point revisits the issues
that were argued before this house in relation to the
legislation itself. The position adopted by the previous
government was riddled with flaws and anomalies. On
the one hand it had a piece of legislation, and on the
other hand it had a list of exemptions as long as your
arm. There is no fundamental issue of principle on
which those opposite can seek to take a stand on that
matter.
Let us have a look at the third item on the honourable
member’s list, minimum hours of work for young
people. In effect what those opposite are saying is that
they do not want school students to have the
opportunity to have employment after school hours.
The so-called Fair Work legislation, put in place by
their federal counterparts, has led to award conditions
that make it practically impossible for young people to
get — —
Ms Hennessy interjected.
The DEPUTY SPEAKER — Order! The member
for Altona will cease interjecting in that manner.
Mr CLARK — It will become practically
impossible for young people to get a start in the
workforce through working during after-school hours,
as many generations have done for years and years. It
gives a win-win opportunity. It is a win for a young
person, gives who can earn some money while being a
student, learn the ways of the workforce, build up their
experience and training and get a good start in life. It is
a win for young people to have that opportunity, and it
is a win for small businesses and other businesses
across the state, which can have young and enthusiastic
people coming into the workforce, getting some
experience through their after-school-hours work and
taking the opportunity to be productive members of the
workforce going forward.
What are those opposite and their federal counterparts
seeking to do? They are saying that under their scheme
young people would not be allowed to work after
school hours to earn a few dollars in the way that they,
their parents and grandparents and generations before
them have done. They brought in that initiative as part
of the Fair Work package, but they failed to
acknowledge the injustice and the anomaly in doing so.
The retailers have tried to get some sense into it, and
the Victorian government has been backing them in that
effort. What we need to hear from honourable members
opposite during the course of this debate is whether or
13
not they are going to stand up for Victorian school
students and employers and for opportunities for young
people in Victoria and whether they are going to
support getting this ridiculous anomaly in the
legislation fixed or whether they want to see young
people across Victoria not have the opportunity to earn
some money after school hours in the way they have
done traditionally.
This will be a real acid test of where the hearts, souls
and commitment of those opposite lie.
Let us look at the last ridiculous point that has been
raised in this motion by the member for Tarneit in
relation to the national wage case submission being
made by the Victorian government. The accusations
being made by the member are completely off the
mark. The Victorian government has indeed made a
submission to Fair Work Australia for the national
minimum wage case review. We have been supporting
a responsible increase in minimum wages. The
government believes that the national wage review
outcome needs to promote a strong Victorian economy,
be conducive to sustained employment growth and the
creation of real Victorian jobs to foster competitive and
productive workplaces and facilitate the determination
of conditions by employers and employees at the
enterprise level. We said in our submission that Fair
Work Australia needs to have regard to a variety of
factors in settling a new minimum wage and in any
determination it makes to vary the modern award
minimum wages.
The sorts of factors we have been talking about are the
performance and competitiveness of the national and
Victorian economies, including the impact on Victorian
businesses and regional economies, easing economic
conditions in Victoria, the provision of a safety net that
encourages bargaining between employers and
employees at the local enterprise, the needs of the lower
paid — we have emphasised that point in our
submission — and the need to encourage high levels of
workplace participation. We have been arguing for a
fair and responsible outcome in the national wage case
review.
For Labor members to say that we are acting against
providing appropriately for the interests of Victoria’s
lowest paid workers is just utter hypocrisy, because
when we look at the submission made by the Brumby
Labor government to the national minimum wage case
review last year, we see it made very similar points to
the points that are being made by the current
government. The previous government called on Fair
Work Australia to consider the economic impact of any
increase in minimum wages. When it was in
10:35
MATTER OF PUBLIC IMPORTANCE
14
ASSEMBLY PROOF
government it said that Fair Work Australia needs to
have regard to economic impact, as it should and as the
current government is. We are exactly maintaining the
position in that respect that was being maintained by
the previous government. For members opposite to
suddenly change their tune when they are in opposition
shows the hypocrisy, inconsistency and lack of
responsibility they are showing now that they are in
opposition.
The previous government said specifically that there
needed to be an economically sustainable increase for
low-income earners in the increases that were provided.
It also said that the increase needed to reflect prevailing
economic and social conditions. It made the point that
that was necessary in order to ensure that a balance was
made between the outcome for workers and employers.
That is exactly the point that the current government is
making and asking Fair Work Australia to consider.
And as I have been saying, what members opposite
need to demonstrate now that they are in opposition is
whether or not they are going to act responsibly in the
interests of Victorians, whether they are going to act
responsibly in seeking a fair and balanced outcome
from Fair Work Australia, whether they are going to act
responsibly in standing up for young Victorian workers
and defending their right to get opportunities in the
workforce through working after hours, whether they
are going to continue to support the policy on public
sector wages which they followed when they were in
government or whether in opposition all that approach
is to go out of the window, and whether they are going
to accept that their Easter Sunday trading policy was
absolutely riddled with anomalies and caused all sorts
of difficulties for the Victorian economy, particularly in
regional Victoria.
This matter of public importance (MPI) is ultimately a
matter about responsibility and the credibility of the
opposition and whether it is going to attempt to
maintain any degree of respectability and coherence in
its position or whether it is going to resort to every wild
and intemperate argument that it can come up with
without regard to a consistent and appropriate policy
position and abandoning the things that it was saying
just a few months ago when it was in government.
As I said at the outset, the member for Tarneit does not
seem to have his heart in this MPI. His contribution was
one of the most laborious and uninspiring critiques of
an MPI that I have come across and shows the
complete lack of credibility of the matter the member
has put before the house.
Wednesday, 6 April 2011
The DEPUTY SPEAKER — Order! Are there no
further speakers?
Mr WAKELING (Ferntree Gully) — Thank you
Deputy Speaker.
Ms Hennessy — On a point of order, Deputy
Speaker, the member for Thomastown was actually in
her place, standing, before you called the member for
Ferntree Gully.
The DEPUTY SPEAKER — Order! The member
was not on her feet and the house calls the member who
is standing. I asked for further speakers to encourage
the member to stand, but she did not rise and I am then
bound to call the member who is on their feet. The
speaking lists are for the guidance of the Chair only. It
is up to members to be ready to stand. I have called the
member for Ferntree Gully.
Mr WAKELING — Thank you, Deputy Speaker.
Certainly members on this side of the house are keen to
participate in this debate. It gives me pleasure to rise to
contribute to the debate on this matter of public
importance. I congratulate the Attorney-General, who
spoke before me, for his contribution on this matter of
public importance (MPI).
I acknowledge that the performance of the member for
Tarneit was a little half-hearted. I have heard better
contributions in this house by the member, who was a
former minister, but clearly this is not an issue that he is
passionate about. Obviously someone in the Leader of
the Opposition’s office has tapped him on the shoulder
and said, ‘This is your turn to speak. Go out; here are
some prepared notes, do your best’. Clearly his best
was not that great, and he did not realise that point 2 of
the MPI prepared in his name — and I am assuming
now he had nothing to do with it because he is walking
away from it at a million miles an hour — concerning
the first act passed in this Parliament being the Easter
Sunday trading bill was wrong. I am happy to come to
that in a moment as part of my contribution.
It is interesting to hear those opposite talk about
industrial relations in this place. I am reminded that
back in 1996 the Kennett government ceded industrial
relations powers to the federal government. At that time
those opposite were bleating about the supposedly
parlous state of industrial relations in this state. One
would have thought the first thing they would have
done would have been to reintroduce the state award
system for Victorians — other states had state awards
systems and the Kennett government had abolished the
state award system — but no, the first thing the then
Bracks government did was to create an industrial
10:42
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
relations task force chaired by the eminent Professor
Ron McCallum, an eminent and respected industrial
relations professor, who came up with a proposal for
the Fair Employment Bill. What became of the Fair
Employment Bill? History will tell us nothing.
Interestingly, the then government changed its tune,
saying, ‘In fact, we want to continue with having a
federally regulated industrial relations system’.
Those opposite talk about WorkChoices. Those who
have actually worked in the industrial relations field —
and there are some on the other side who I know have
been industrial relations practitioners — would be well
aware that the federal government utilised the
constitution’s corporations power to facilitate
WorkChoices for incorporated organisations. However,
the only reason unincorporated businesses in the state
of Victoria were covered by WorkChoices was that the
former government was agreeing that those businesses
be covered by WorkChoices as part of its referral. At
any point in time those opposite, who had the numbers
in both houses, could have introduced legislation to
remove the referral and to create an industrial relations
system that included an award system for
unincorporated businesses. Despite all the bleating and
protestations of those opposite, for 11 years they did
nothing. What they did was to create the workplace
rights advocate. The member for Tarneit was preaching
about the benefits of the workplace rights advocate, but
those of us in who were in that Parliament will recall
that the former government took actions to defeat, to
remove and to abolish the workplace rights advocate.
As a former industrial relations practitioner I attended a
forum convened by the advocate where the question,
‘What was the greatest achievement of the Office of the
Workplace Rights Advocate?’, was asked. This was its
greatest achievement; its representatives stood up there
and said how fantastic it was that they had referred a
number of issues to the federal department of
workplace relations. Their greatest achievement was to
pick up a phone and call the federal department, which,
funnily enough, regulated workplace relations, and say,
‘Here are some people with issues; can you please
investigate these matters for us?’. For all the hype and
the millions of dollars that those opposite wasted, all
they had to show was a phone advisory service that
effectively referred people from a state government
department to a federal government department. What a
crock! What a waste! It belies the manner in which
those opposite claim they dealt with industrial relations
in this state.
I heard the member for Tarneit talking about Easter
Sunday trading. I would like the member to explain to
someone who worked at Bunnings last year on Easter
15
Sunday under legislation that was introduced and
established by those opposite why that person was
allowed to work on Easter Sunday and not get public
holiday rates. The question I would like that person to
ask the member for Tarneit is: ‘When did the member
for Tarneit stand up in this house calling upon the
government to introduce legislation to establish Easter
Sunday as a public holiday?’. Did he do that in 2010?
Did he make that call in 2009? Or in 2007? In 2006 he
was not a member, but was it done by members such as
the member for Melton, who is sitting in the chamber
and who was a member in 2006, 2005, 2004 and 2003?
Clearly the answer is no. Those opposite were more
than happy to allow people who worked in hot bread
kitchens, in service stations, at Bunnings or for a
myriad of other small organisations across this state to
work on Easter Sunday and not receive a public holiday
rate. Then — shock, horror! — those opposite lost
government, and now all of a sudden it is our fault that
people are working on Easter Sunday and not getting
public holiday rates. Those opposite had years to deal
with this issue.
You just have to look at their wages policy. This
government has adopted the policy that was
implemented by the former government. John Brumby,
the former Premier, and John Lenders, the former
Treasurer, who is a member for the Southern
Metropolitan Region, who ran the ship, believed it was
appropriate and developed the guidelines and
established the principles of a 2.5 per cent wage
increase. That increase was not established by this
government, which simply inherited the system
established by those opposite.
Those opposite have come into this chamber thinking
this was the matter of public importance that was going
to bring the government down. However, this is a lazy
opposition that could not even work out what the first
act of Parliament passed under this government was. I
would be more than happy to move an amendment to
fix the mess for them, but given that this is their MPI, I
will let those opposite move the amendment to fix this
mess. Those opposite sit there and moan, whine and
carp, but when they were in government they could
have done a lot more if they actually believed in this
stuff — but their heart was not in it.
The minimum number of hours for work were raised by
a young person on the Neil Mitchell radio program. He
had gone to his business and said, ‘I want to work’, and
the business owner said, ‘You are not allowed to work
because of the law’. A campaign was run; they tried to
get the federal government to change the law, but it
refused to participate. All we are doing is standing up
10:50
MATTER OF PUBLIC IMPORTANCE
16
ASSEMBLY PROOF
for young people and giving them an opportunity to
work if they want to work. I will stand up in this place
and support that.
Ms HALFPENNY (Thomastown) — I rise to add
my voice to condemnation of the Premier, who leads a
government that seems hell-bent on attacking Victorian
workers on all fronts in spite of its attempts to hide its
real intentions behind rhetoric and slippery words. I do
so not just as a trade unionist but also because I believe
in the standards of fairness and equity held by most
Victorians, who do not believe that the sort of thing this
government is doing is right.
It seems the Liberal and National parties and their
leaders really cannot change their spots. Just looking at
leaders from the not-so-distant past we see John
Howard and his vicious antipeople WorkChoices laws,
and former Premier Jeff Kennett, who ripped up
minimum standards of working conditions for some of
the most vulnerable, slashed pay and privatised public
services. We are still paying for the damage he wreaked
especially on those living in the Latrobe Valley and on
women who required refuge because of domestic
violence and who had nowhere to go because of
funding cuts.
Now the Baillieu-Ryan government is showing its true
colours and going down the same path of reducing the
rights of working people and their families. Already it
has cut penalty rates and work rights on Easter Sunday,
and it should be condemned for that. Already the
government has announced cuts to real wages to
teachers, nurses, police and public servants, and it
should be condemned for that. Already it has
announced that Victoria’s youngest workers —
schoolchildren working part-time around their
studies — will have their minimum shifts cut in half so
that their already low wages will struggle to cover the
cost of travel and the time taken to get to and from
work, and the government should be condemned for
that. Already the government has announced a backflip
on its commitments to fund equal pay in the community
sector, demanding that workers, the low paid and the
poor pay for equality through cuts to services, and the
Baillieu-Ryan government should be condemned for
that.
Here we are a little more than 120 days into the Baillieu
project, which is designed to fix the problems and build
the future, and — surprise, surprise! — it turns out that
the Premier will not be governing for all Victorians as
he promised.
Let me turn to the Victorian government’s submission
to the Fair Work Australia annual wage review that
Wednesday, 6 April 2011
determines the wage increases, if any, for the lowest
paid workers in the country. Guess what? The
Baillieu-Ryan government’s submission is less than
supportive of a fair and adequate increase to the safety
net minimum wage or award rates of pay. The
government has said that the best way to provide for the
needs of the low paid is to facilitate employment — but
these people are already working. We are talking here
about an adjustment to compensate for the increasing
cost of living and the soaring price of basic necessities.
This is about getting a fairer share of the economic pie.
The Baillieu-Ryan government’s submission cautions
Fair Work Australia on awarding an increase to
minimum rates because in its opinion it may hurt
employers. It also argues that workers in regional areas
are the lowest paid and that they should stay that way. It
is regional workers who have most to gain — or, if the
government has its way, the most to lose — in the
minimum wage review. So now we get a glimpse of the
real coalition conservative government, which is a very
different picture to the spin of the 2011 Victorian
Families Statement that was given by the Premier less
than two months ago. The Premier said that his
statement was for families, whatever form they take,
because this coalition government governs for all
Victorians. That is not true. The government is not
governing for the families of the low paid, for working
families in regional Victoria, for families of public
sector workers or for our kids who have entered or will
soon be entering the workforce. The Premier tells us in
his statement that families thrive best when their most
basic of needs are met and that the government will
better represent the interests of Victorian families. Yet
when it really matters, when families really need
government support to maintain the most basic of living
standards, this government lets them down.
For those who may not be aware of it, the current
minimum wage rate for an adult is $15 per hour — or
$29 600 a year. The junior rate can be almost half of
this. That is in spite of the $28 or so awarded at the last
review, and according to the most conservative of
definitions it is below the poverty line, but we do not
see anything about that in the government’s submission
to Fair Work Australia. To put it into context, it is an
annual wage that is less than the annual electorate
allowance paid to members to provide visitors with tea
and scones, to attend conferences and functions and to
reimburse them for general small-change items. That
allowance is more than the amount received by
low-paid workers. Yet the government argues caution
in deliberations on the awarding of a modest lifting of
the minimum wage rate.
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Coming back to the families statement, the government
complains about high Victorian taxes, but our taxes are
subsidising employers so they do not have to pay a
wage that working people can actually live on. I am
new to this place, having been elected in November last
year, but I get around to various people and
organisations in the Thomastown electorate — —
Mr Battin — On a point of order, Deputy Speaker, I
draw your attention to the fact that the member for
Thomastown seems to be reading her speech.
The DEPUTY SPEAKER — Order! Is the
member reading her speech or referring to notes?
Ms HALFPENNY — I am referring to notes.
The DEPUTY SPEAKER — Order! I believe the
member is referring to notes.
Ms HALFPENNY — The Thomastown electorate
covers Fawkner, Lalor, Reservoir and Thomastown. I
see the daily struggles of many people on low wages.
They are earnest people trying to get by on the
minimum wage. Many are women now single due to
marriage breakdown or because their children have
grown up and moved out of home. At this point they do
not receive the family income supplements any more.
They are working, yet their largest bills — rent and
utility costs — are still the same, and they are having
trouble getting by.
Last night in this chamber the member for Benalla said
that many in the coalition government had come from
humble beginnings, but that has not made the
government more tolerant, more understanding or more
supportive of the need to lift the minimum wage, to
protect young workers and public holidays or to
recognise and remunerate our public sector workers. On
the contrary; the government seems to have hardened
its resolve to push through this agenda to slice back the
rights and conditions of Victorian workers and their
families. The government could not keep a lid on its
real agenda for too long. It has been in office for a little
over four months, and the cat is out of the bag. It is not
governing and does not intend to govern for all
Victorians at all.
Judging from an article in the Australian Financial
Review yesterday, there is one hard-nosed, antiworker
warrior from old who will be proud of this government.
Do members remember Peter Reith? He is the person
who organised balaclava-hooded thugs carrying iron
bars on the waterfront. They were hired to carry out the
orders of Patrick Stevedores and other employers on the
waterfront to smash workers’ rights and challenge
democracy and decency. Mr Reith is now urging
17
coalition members of Parliament and business leaders
to put practical reform back on the agenda. He is
expressing disappointment that the coalition has not
made a concerted effort to argue that individual
contracts are a good idea, especially for young people.
If this is where this government is heading, it should tell
Victorians now so it can be judged, and I am sure
condemned, by Victorian workers and their families.
Mr NEWTON-BROWN (Prahran) — The member
for Tarneit suggests that the Liberal coalition has
engaged in a sustained attack on workers. In 100 short
days and three weeks of the sitting of the Parliament,
apparently we have engaged in an attack on workers —
and not only just an attack but a sustained attack. The
motion implies that the Labor Party is the great friend
of the worker in Victoria, but it had 11 years to show
how strong that friendship was.
Let us have a look at what the Labor Party did for
workers and what it did to the Victorian economy to
create meaningful jobs for Victorian workers in those
11 years. One area which it is useful to look at is the
area of innovation. This is an area where, with the right
government input, significant new jobs can be
generated.
It is an area where jobs can be created which are
meaningful to workers and provide great opportunities
for career advancement. Under Labor we had plenty of
rhetoric for 11 years, but it failed to chart a way
forward for innovation in this state. It failed to provide
opportunities for workers in new jobs and new
industries. It ignored the needs of young Victorians
who would prefer the creation of meaningful jobs rather
than members such as the member for Thomastown
squabbling about how many extra cents per dollar they
should be paid for working in a job they do not like.
The view of the Liberals is that the state government
should allow innovation to flourish. In the course of our
government this house will see the Liberal government
fostering the passion of innovators in our community. It
will be assisting them to fulfil their vision and creating
an economic environment where their ideas can grow.
It will be helping to deliver sustained economic
prosperity by providing research infrastructure, putting
resources into education to inspire and motivate
students — —
Mr Nardella interjected.
Mr NEWTON-BROWN — Let us talk about
teachers; let us talk about education — maths and
science. Under the former Labor government maths and
science was an area in which Victorian school students
11:00
MATTER OF PUBLIC IMPORTANCE
18
ASSEMBLY PROOF
were well below the national average. The
Baillieu-Ryan government is going to invest money in
that area, where in the past it was neglected. We will
give our kids maths and science teachers who are on a
par with those in the rest of the country. We will reward
enterprise; we will increase research and development
investment, inspire the next generation of innovators
and encourage the best and brightest of Australia’s
expatriates to come back to Australia. What comes out
of all this investment in innovation by the Liberal
coalition government? We grow the pie for Victoria.
We do not squabble about petty issues such as those
that have been raised by many members in the house
today. We grow the pie and we create meaningful jobs
for Victorians for the future.
Another good area to look at in this debate is liquor
licensing, an area which also provides great potential
for employment. The jobs are less skilled than some of
the jobs that can be created in the innovation sector, but
they are nonetheless jobs that are very important for
Victorians. In 100 short days we have provided a stable
environment for liquor licensees. Members would not
believe the number of people who have stopped me in
the street in my electorate of Prahran and said, ‘We are
so glad that Michael O’Brien is now the minister in
charge of the liquor licensing area’. When the member
for Malvern took on the portfolio he acted swiftly to cut
liquor licence fees by half. This action was delivered to
liquor licensees in Victoria within months. We eased
the financial pressures on these small businesses and
ensured that they could thrive and prosper. We
introduced a fairer regime for liquor licensees that
recognises and respects the role they play in providing
employment for so many young Victorians.
On the other hand, let us turn our minds back to last
year — just 100 short days ago. What was the
employment environment like for these small
businesses then? What did the government do to ensure
that the tens of thousands of young people who work in
this industry had jobs? Under Labor holding a liquor
licence became unaffordable for many businesses.
From 2008 many sports and community clubs had their
fees increased by over 1000 per cent. Labor oversaw a
$20 million increase in the state government take from
liquor licensing fees, and what did licensees get for it?
Nothing. There was no return to businesses. They
received nothing to invest back into their businesses,
which would then have helped their workers. It was
shameful. The government attached itself to this
industry like a leech and sucked it dry. It did not care
about the collateral damage; it did not care about the
workers employed in those licensed premises. Many
businesses gave up their licences, and the jobs went
with them. What did Labor do?
Wednesday, 6 April 2011
Mr Nardella — Like who?
Mr NEWTON-BROWN — Like who? The Tote.
The Tote Hotel has reopened, but I will get to that in a
minute. It is just one example.
Labor blamed the liquor licensees for the
out-of-control, alcohol-fuelled violence. The licensees
were the scapegoats for the problems of the last
government. Look at the 2.00 a.m. lockout. What a
failure; what a shameful passing of the buck to small
business in the state. The previous government
demonised those small business owners because Labor
had lost control of law and order on our streets.
Ms Green — On a point of order, Acting Speaker,
the member for Prahran appears to be reading from a
document, and I ask him to make it available.
The ACTING SPEAKER (Mr Tilley) — Order! Is
the member for Prahran reading from notes? There is
no point of order.
Mr NEWTON-BROWN — The 2.00 a.m. lockout
did not even work. KPMG evaluated it, and its report
on post-midnight hospital admissions for assault stated
that there was actually an increase after 2.00 a.m. That
strategy did not even work.
What about the impact on those small businesses and
their workers? They were collateral damage. Many
small businesses went under at that time, the most
high-profile one being the Tote Hotel. The Tote was
closed due to the unrealistic expectations of the
previous government that businesses would employ
large numbers of security guards. The previous
government was passing the buck again. It was virtually
saying, ‘Let us blame the venues; let us make them
employ more security guards and we can say that it is
their problem. They are the problem and they can fix
the problem’. The Tote has thankfully opened under
new owners, but let us not forget about those working
at the Tote at that time who lost their jobs as a direct
result of Labor government policy. Let us not forget
that the former government’s own report showed that
there was no link between alcohol-fuelled violence and
live music. Let us not forget that many of the venues
which were impacted upon had no record of violence.
It did not matter. They were there to solve a problem —
to be the scapegoat for the previous government — and
the workers were the collateral damage. Many young
workers became innocent victims in the dying days of
the last government, as it flailed around trying to find
someone but itself to blame for the mess that Victoria
had become.
11:07
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
This is no sustained attack on Victorian workers. In the
course of the Baillieu-Ryan government we will see the
business environment improve and the number of
jobs — and meaningful jobs — grow. We will not see
petty squabbling from this side of the house.
Ms HUTCHINS (Keilor) — I rise to speak on the
matter of public importance put forward by the member
for Tarneit, which says in part that the house condemns
the Premier for his sustained attack on Victorian
workers. There is a myth in society that generation Y
and generation Z, the new generation entering the
workforce, do not want to work. Why would they be
motivated to work under the changes the government is
currently pushing? If workers are rostered on Easter
Sunday, they will not get penalty rates. In fact young
workers in the retail sector will probably be pushed into
working on Easter Sunday. Will they ever aspire to
work in the public sector when the pay increase offer is
2.5 per cent with lots of trade-offs? When the minimum
shifts for young workers will be cut from 3 hours to
1.5 hours, what is the motivation for young Victorians
to work? This is clearly an attack on them.
I wonder where the member for Prahran has been living
for the last 10 years, because he is certainly out of touch
with Victorian workers. One of the first pieces of this
government’s legislation to pass, the Shop Trading
Reform Amendment (Easter Sunday) Bill 2011, which
abolishes Easter Sunday as a public holiday by
allowing shops to trade, opened the gates for young
people to be forced to work on Easter Sunday whether
they want to spend time with their family or not. They
will not be given a choice, as it will come down to
whether they want their job or not.
I spoke to some of the workers at my local Woolworths
only last week, and I asked them what their views were
on Easter Sunday trading. It was the more mature
women who said, ‘No, we have rostered ourselves off.
We will not be put in the situation of not being
compensated for working on that Sunday’. However,
the young workers — the 16-year-olds — looked
blankly at me and said, ‘What are you talking about?
What do you mean, we will not get paid penalty rates
for that Sunday?’.
Honourable members interjecting.
Ms HUTCHINS — Public holidays, forced to
work, not time with their families! Opening shops on
Easter Sunday will mean that retailers will treat that day
like any other day and in most cases will simply roster
people on to work.
19
As a mother and a stepmother I know what an
important time Easter is to spend time with kids,
particularly teenagers and kids in their early 20s,
because there are really only two times of the year
when you can usually guarantee that you will see them
and they will spend the day with you — and they are at
Christmas and Easter. However, the chances are that
kids who have part-time jobs in the retail or hospitality
sectors will be forced to work, because those who are a
little brighter or smarter and have been in the workforce
longer would have already rostered themselves off. The
Baillieu government’s choice of this bill as one of the
first to be passed demonstrates its lack of understanding
of what it is like to work in the retail sector. I doubt that
the Premier is ever worked on Easter Sunday.
The other part of the government’s attack on Victorian
workers is on public sector workers and their wages.
Before the election many promises to look after
workers were made, but they have not come to fruition.
We are 120 or so days into the government’s term and
we have a mooted offer of a 2.5 per cent wage rise,
with productivity savings that put cash in the bank.
What does that really mean? What is a productivity
saving in the public sector? Is it about how quickly a
prison officer locks up an inmate during a riot? Is that a
productivity measure? Is it about how many minutes it
takes for a prison officer to put someone back in jail? Is
it about how many kids are removed from or returned
to their families by a Department of Human Services
officer? Will that be a productivity measure? I do not
think the government has any idea about productivity
when it comes to the public sector, and it certainly has
no idea of the real costs of living for Victorian families
and the public sector workers who underpin the running
of the state.
A 2.5 per cent increase does not cover the gamut of
economic growth. It does not cover mortgage costs, the
increased cost of petrol and the increased cost of
communications — that is, mobile phones and the
internet — that come in on top of a household’s weekly
grocery bill and their electricity, gas and water bills.
These are the extra costs that are not factored in to the
consumer price index but they are a real part of
increased household costs. The federal government has
had a look at the real growth for federal public sector
worker wages; it is really around 4 per cent, not 2.5 per
cent.
We know that the government’s calls for productivity
gains to be made by public sector workers is code for
cutting conditions. We know that leave loading has
been costed by the Department of Treasury and Finance
and will be on the table as a 1.4 per cent saving,
something that will be attacked in these negotiations.
MATTER OF PUBLIC IMPORTANCE
20
ASSEMBLY PROOF
The government will try to strip this from public sector
workers. The productivity cash-in-the-bank clause is
about cutting public sector jobs; that is the reality of it.
The Baillieu government is again out of touch, and I
condemn this attack on fairness for Victorian public
sector workers. They were promised the world
pre-election, but those promises have been left to slide
after the election.
The substandard, retrograde wages offer for Victorian
public sector workers provides no growth to the real
economy in Victoria. The government has backflipped
on its pre-election promises. It said, ‘We are going to
deliver wage increases to police and make Victorian
teachers the highest paid’. These are the things the then
opposition promised. It said it would do better in
looking after the health system. Nurses are the
backbone of the health system. They do a terrific job
caring for Victorians, but Premier Baillieu does not
understand their plight. He has probably never been in
the care of a nurse at a public hospital in his life.
11:15
In fact he probably does not even know what minimum
wages are for many of those who work in our public
sector. A Victorian police officer recruit earns $37 982
in their first year — hardly big bucks. An entry point
project fire officer in the Department of Sustainability
and Environment earns only $38 668. With the current
cost of living rising and bills and other costs increasing
every week, these basic wages in our public sector do
not stretch very far. An entry-level nurse earns $42 536,
and a first-year entry-point correctional officer earns
$33 182 — about the same as a junior manager at
McDonald's.
The race to the bottom begins with the drop in
minimum hours of work for young people, from
3 hours to 1.5 hours — 90 minutes. I will tell you what:
it is not much incentive for young people to drag
themselves to work. Mitchell, a 16-year-old worker in
my electorate, travels from Hillside to the Keilor Rd
McDonald's to work a couple of shifts a week. It takes
him an hour and a half to get there by public transport.
The wages for an hour and a half are not going to cover
his time or travel costs. On behalf of young workers
and all the casual workers in my electorate, I condemn
this attack on their earnings.
Premier Baillieu’s choice to constrain wage increases
for Victoria’s lowest paid workers needs to be
condemned. He has probably never had a job with a
3-hour minimum restriction on it. He has probably
never had a job which has had a 1.5-hour shift. He says
he stands for families. What about these families? What
about their jobs? The Premier’s choice to constrain
wages for Victoria’s lowest paid workers says
Wednesday, 6 April 2011
everything about him. He does not understand what it is
like to work for a minimum wage. The Baillieu
government’s decision shows that the Premier does not
understand what Victorian families really need.
Ms RYALL (Mitcham) — I rise to speak on matter
of public importance submitted by the member for
Tarneit, which must not be important to members of the
Labor Party because most of them are not in the
chamber for this debate. If they are not here, how
important is this matter to them? Members of the Labor
Party think they have a monopoly on the protection of
workers, but interestingly enough I am wondering how
many of those opposite have ever started a business?
How many of them have employed people? How many
have lived on a loan with no income to make sure
somebody else had a job? How many?
Honourable members interjecting.
Ms Graley — Me.
Ms RYALL — One! That is good to see. As
someone who has actually started a business and
employed people, I know it is not as easy as it seems to
those opposite. Most of those opposite think that people
who run small businesses crunch the gravel on the way
to the golf course when running those businesses. How
far from the truth that is! Those in small business know
how much we go without, how much we set aside and
how difficult it is to run such an enterprise. The
increasing cost of compliance for small business makes
it hard to keep the doors open.
On the other side of the small business equation sit
young kids who want to work for an hour and a half;
they want to spend their afternoon between the end of
school time and the dark evening hours of study and
home time working for an hour and a half. Members of
the former nanny government over there — —
An honourable member — They want the jobs for
the paid-up union members.
Ms RYALL — That is right. The members of the
former nanny government opposite do not want those
kids to be able to work for an hour and a half. Many of
us who did work while we were at school know that it
taught us a work ethic; it helped us understand what
work was about. It gave us an income in that period of
time, and we liked it. Those opposite would like to take
that opportunity away.
Imagine if a plumber came around to your house to do
some work. If the job is done within an hour, are those
opposite going to insist that the plumber stay for
3 hours? That is not going to happen. These kids want
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
an opportunity to work, and small business has time
available to give them, yet those opposite do not want
them to have that opportunity to learn a work ethic, to
earn some money and to spend the very small amount
of time they have after school to contribute to
employment and to the country.
Those opposite may not know, but people in small
business are the second-largest employers in the
country, next to government. That is absolutely huge.
Without small business there would be no work for
anybody. Do those opposite want to put more pressure
on those young people who want an opportunity and
more pressure on people in small business who would
like to give them that opportunity? Are those opposite
saying, ‘No, you have got to cough up 3 hours?’. Sorry,
but people in small business do not have enough fat in
their budgets or enough money from what they make to
be able to do that. It is ludicrous that those opposite
would deny two people the opportunity to work out a
solution so that a young person can work in retail, or
wherever the workplace may be, for a couple of hours
in the afternoon, when they want to work.
Often these jobs provide young people with their first
taste of work and their first taste of real money. It is
their also their first opportunity to build their reputation
and their work ethic. My daughter works part time and
goes to school. She has the opportunity to work part
time, and she loves it. Why should she sacrifice that
opportunity with a small business? What does it matter
if those kids work for only an hour and a half? What is
the problem with that? If they want to work for an hour
and a half, why is that an issue? Who says those
opposite know what is best? Who says members of the
former nanny government know what is best?
Mr Newton-Brown — School, homework and a
minimum of 3 hours work.
Ms RYALL — That is it. People in small business
live on loans. I went six months without pay. Would an
employed worker go for six months without pay? I do
not think so. It is about time those opposite looked at
small business owners as people as well as workers. All
people should have an opportunity to earn a dollar. The
view that someone who owns a business is flush with
money is a disgrace; it has never been the case.
Honourable members interjecting.
Ms RYALL — That is right. We cannot afford to
have small businesses close if they are the
second-largest employers in this country, next to
government. They need to do what is in their own
interests and what is in the interests of young people.
21
Employers and workers need to be able to work
together and not have some group of people dictate to
them what is right. We do not want the dictators on the
other side of the house, thank you very much.
Those who go into small business are constantly living
on the edge. Often they live on loans, they go without
and they care about their staff. Why do we care about
staff? It is because we know that without staff we have
nothing. Staff and small business owners are as
important as each other. I am sorry to disappoint those
opposite, but this argument is not just about one side; it
is a two-sided argument, and it is important that those
opposite understand how important it is.
My thoughts are that this situation has arisen because of
a bungled federal Labor initiative to deprive countless
numbers of young people of the opportunity to work for
periods of time less than 3 hours. Those of us on this
side of the house want to give young people the
opportunity to work, including too perform casual retail
work. This issue does not need a one-size-fits-all
approach, and it is about time that those opposite
understood that. People on one side of the equation are
not more important than those on the other. The
argument is about how to work together to get the best
outcome for everybody and the best outcome for the
country so that we can all benefit. It is absurd to suggest
that all small business owners can afford to employ
young kids for 3 hours.
This idea that suddenly young kids have 3 hours to
work in the afternoon is just ludicrous. They have
study, friends and family. If we are talking about
work-life balance, then let us be serious. The
government is about improving the working
opportunities for ordinary working people and young
kids who want to get a foothold in the workforce and
increase their employment opportunities. We are about
giving small business the ability and openness to
provide that opportunity.
I have been a worker and a business owner. I have been
on both sides of the fence.
Honourable members interjecting.
Ms RYALL — That is right. This is coming from
someone who actually has an understanding of both
sides, as opposed to most of those opposite. We believe
in lower minimum casual shifts for young people
entering the workforce, smoothing their transition into
full-time employment. This will make it easier for
employers to get staff for shorter periods when they
need to.
11:25
MATTER OF PUBLIC IMPORTANCE
22
ASSEMBLY PROOF
Ms KNIGHT (Ballarat West) — I am very pleased
to rise to support the motion of the member for Tarneit
‘That this house condemns Premier Baillieu for his
sustained attack on Victorian workers’. An attack on
workers is an attack on families, and that is what I fear
is happening with this new government.
The Premier is very good at making grand family
statements, but I do not believe that there are any
actions that follow through on those statements. To
stand and make statements suggesting that the
wellbeing of families is a priority, that the government
considers families in the course of its decision making
and that in fact the issues of families are critical to the
government’s decision making would be funny if it was
not so insulting. How can the government have the
audacity to make these claims and statements and then
cut at the foundations and at the very heart of families?
We just need to look at the government’s record so far
to see what is happening.
Firstly, I will look at the Shop Trading Reform
Amendment (Easter Sunday) Bill 2011. Labor opposed
that bill because it does not believe that families have
been put at the centre of that bill. We would do that.
Easter is a very important time of religious significance,
but it is also an important time when families have the
opportunity to spend some time together.
Easter Sunday was one of the few days of the year
when larger retailers closed their doors, thereby
allowing smaller businesses to also keep their doors
closed. This may not be an option now. Retail workers
will be expected to work without even receiving any
penalty rates to compensate them. There are no
safeguards for Victorian workers who could be
pressured, harassed or coerced into working on Easter
Sunday. I cannot see families as central to that decision
at all — certainly not the families of retail workers.
There are precious few opportunities during the year for
families to get together. Now we have one less.
I condemn this attack on fairness for working
Victorians who should be appropriately and fairly paid
for work done on Easter Sunday. I condemn this attack
on fairness for the people of Ballarat West who will be
forced to work on Easter Sunday. I also condemn this
attack on their families.
I turn now to the issue of constraining wage increases
for Victoria’s lowest paid workers. I fail to see how
putting in a submission to Fair Work Australia calling
for restraint in minimum wage increases for Victoria’s
lowest paid workers is conducive to supporting
families. It is also beyond me how a government that
claims to have a focus on reducing the cost of living
Wednesday, 6 April 2011
can in the same breath constrain wage increases for
Victoria’s lowest paid workers — workers like my
partner, a storeman, who works for about $15 an hour
in the retail area.
But we should not be surprised that the government
does not want to play fair. There is a list of legislation
enacted by Labor and opposed by the Baillieu
government when in opposition. In opposition the
Baillieu government opposed providing an award
safety net for schedule 1A workers through the Federal
Awards (Uniform System) Act 2003. It opposed
allowing vulnerable outworkers access to award
entitlements through the Outworkers (Improved
Protection) Amendment Act 2005. It opposed requiring
owner-drivers with information to assist informed
decision making through the Owner Drivers and
Forestry Contractors Act 2005. It opposed keeping
workers safe through the Occupational Health and
Safety Act 2004. It opposed protecting children under
15 years of age so they can benefit from work
experience without jeopardising their health, education
or social wellbeing through the Child Employment Act
2003.
When in opposition the Baillieu government opposed
improving long service leave access through the Long
Service Leave (Amendment) Act 2003, the Long
Service Leave (Preservation of Entitlements) Act 2006
and the Construction Industry Long Service Leave
(Amendment) Act 2004. It opposed establishing a
workplace rights advocate through the Workplace
Rights Advocate Act 2005. It opposed protecting the
award wages and conditions of more than
254 000 public servants through the Public Sector
Employment (Award Entitlements) Act 2006.
When in opposition the Baillieu government opposed
assisting in protecting children by ensuring that people
who work with or care for children are checked by a
government body through the Working with Children
Act 2005. It opposed protecting vulnerable workers
through the Victorian Workers’ Wages Protection Act
2007, and it opposed expanding the range of what
constitutes discrimination through the Equal
Opportunity Amendment (Family Responsibilities) Act
2008.
The member for Ballarat states that the minimum wage
is a petty issue. I would absolutely disagree. Certainly
on this side of the house we do not see it as petty at all.
We see it as being really important and crucial to
people’s wellbeing and quality of life. I condemn this
attack on fairness for working Victorians who rely on
minimum wage increases to make ends meet. I
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
condemn this attack on the working people of Ballarat
West and their families.
I turn now to the issue of wage increases below
inflation for Victorian public sector workers. This
government has betrayed the trust of Victoria’s public
sector workers. It went to the election with a promise to
make teachers the highest paid in Australia. It went to
the election on a law and order platform and quite
rightly praised our police force for reducing crime,
having a real impact on the road toll and doing a
difficult job under often difficult circumstances. It was
absolutely right to do so. This government is now
treating the police and their families with contempt by
responding to a pay claim with only a 2.5 per cent
increase — and that increase is contingent upon
trade-offs of conditions.
11:32
I do not know how this is going to affect the goal of
recruiting 1700 more police for this state, but I believe
that target has just become much more difficult to
reach.
What of those front-line community sector workers —
those who care for the most vulnerable in our
community? What happened to the promise that they
would receive significant wage increases? Six months
ago I was one of those workers, working in Lifeline and
UnitingCare’s family counselling services alongside
drug and alcohol workers, those who work with the
homeless, those who provide hot meals every single
day to people who would not otherwise have an
opportunity to eat, those who work with families who
face complex struggles and challenges in their lives
every single day and people with mental health issues
who must face those challenges every single day. Each
day those people go to work to help those whom
society tends to forget or ignore or does not know what
to do with, and they get paid a pittance to do it. These
people, my ex-colleagues, deserve to get paid properly,
for their sake, the sake of their families and the sake of
the families they support every single day. I condemn
this attack on fairness for Victorian public sector
workers, whose trust was betrayed and who were
promised the world but are now being offered a slide in
pay and conditions. I condemn this attack on their
families and the families they support.
I do not even know where to begin with the reduction
of the minimum hours of working for young people.
Despite having two children of my own who were
working part time from the age of 15, this reduction is
something I cannot even fathom. I know a little bit
about this, because I spent years ferrying them to and
from their part-time jobs and our home. Luckily I did
not have very far to take them, but there are people in
23
my electorate and in the region who have to travel half
an hour or longer just to get their child to their part-time
job. To get them there for just half an hour or an hour
and a half makes it a lot more difficult. However, they
all do it because they know it is very good for their kids
to have part-time work. I do not think anybody on
either side of the house would argue that it is not great
for young people to have part-time work, so those
people continue to do that. It is a very good experience
for young people. From my perspective it was a
necessity, because we simply did not have enough
money to provide some of those extras like concert
tickets that my children wanted.
Young people deserve a fair go in the workplace, and
they deserve to know that when they go to work they
will get a substantial amount of time in their shift,
particularly if it has taken a substantial amount of time
to get there. I condemn this attack on the rights of
young working Victorians, who deserve a fair go, and I
condemn this attack on their families. In conclusion, I
absolutely support the motion the member for Tarneit
has put to this house.
Mr SOUTHWICK (Caulfield) — I rise to speak on
the matter of public importance raised by the member
for Tarneit. When I first saw this matter I could not
believe my eyes. Firstly, I take note that the member for
Tarneit is not even here to support his matter. That
shows how important he feels this matter is. Secondly,
if you look at the wording, you see that the second item
is factually incorrect. In the haste of putting the matter
of public importance together the opposition failed to
realise that the Shop Trading Reform Amendment
(Easter Sunday) Bill 2011 was not the first act that was
passed by this Parliament. It has been a sloppy attempt
by the member to put this matter together.
It is quite ironic, because we have all been waiting for
the big matter of public importance that was going to
bring down the government. This was a matter that was
going to make us return to the opposition benches. We
can see that there is hardly a member of the opposition
in the house. Every single speech by opposition
members that we have heard thus far has been delivered
in a very half-hearted manner, and they certainly do not
speak with any conviction about what they believe. One
must question if they believe in anything they have
said.
I am pleased that the member for Tarneit has finally
chosen to join us again. Welcome back.
What we have heard here today is very interesting. We
have heard a whole host of things about supporting
workers. If we are being clear, this is not about
MATTER OF PUBLIC IMPORTANCE
24
ASSEMBLY PROOF
supporting workers at all; it is about supporting the
unions and union mates. Every single element of it is
about that. The opposition members are not fair
dinkum. They are not here to support workers, and if
they were, they would have done a lot more in the
11 years that they were in government. They had
11 long years to do something about this, but
unfortunately in those 11 years — long, dark years —
they did absolutely nothing.
This matter was raised this week, the same week that
the member for Tarneit and his opposition colleagues
put the needs of their Labor mates in Canberra ahead of
Victorian families by not allowing the Treasurer to
attend an important GST summit. What hypocrisy! You
did not support him. You could have paired him off, but
you did not do it and you do not care. Instead all you
continue to do is attack Victorian workers. That is what
you do, and your federal colleagues ripped the guts out
of us — $2.5 billion just ripped out. If you were fair
dinkum, you would have taken that $2.5 billion and
stood up for Victorian families — —
Ms Pike — On a point of order, Acting Speaker, I
draw your attention to the fact that the member is not
referring to those opposite with the correct
parliamentary terminology. He should understand that
he uses the word ‘you’ those comments are in fact
directed to the Chair, and it is unparliamentary to refer
to the Acting Speaker in those terms. The member
needs to refer all his comments through the Chair, and
therefore the use of the word ‘you’ is unparliamentary
and inappropriate when referring to opposition
members of Parliament. I ask you to bring the member
back to using correct parliamentary terminology.
11:40
The ACTING SPEAKER (Mr Tilley) — Order! I
ask the member for Caulfield to be mindful of those
points and to address the house through the Chair.
Mr SOUTHWICK — Let me continue. The fact of
the matter is that we have seen that Victorians will have
a great result under this current government, a result
that we would never have seen under the former
government.
Let us look at this matter of public importance (MPI)
that has been put forward, this very weak matter of
public importance. Let us start with point 2 relating to
the Easter Sunday trading act, which was supposedly
the first act that we passed but in fact was not. The MPI
is a bit unclear there, but that is okay. Let us proceed
with what this means. There is nothing clearer than the
fact that this is an attack on small business. This is,
again, Labor Party payback to their union movement
mates. We recall a $240 000 promise that was made to
Wednesday, 6 April 2011
Labor’s union mates to try to stop Easter Sunday
trading. Unfortunately for the unions that did not
succeed. The $240 000 gift from the union movement
to the Labor Party was a very poor decision, a very
unwise choice, by them. That sweetheart deal did not
work out so well for Labor’s mates in the union
movement.
We have to look at protecting families. We have to stop
this cloak and dagger approach that has been
continually adopted by the Labor Party. It used a whole
lot of approaches during the Easter trading debate. We
heard from the opposition about religious freedoms. We
looked at the union fix. We looked at a whole lot of
different things. What we did not look at was what the
effect would be on many of the workers who are now
able to work. The member for Tarneit has Cosco and
Mitre 10 in his electorate. Those retailers were open
over Easter for many years while he was in
government. Certainly none of those workers were ever
given overtime or double time during Easter, and the
member for Tarneit was never in this house standing up
for them then. Very conveniently he has forgotten that
and has tried to stand up for them while in opposition.
Labor had 11 long years to do something, but for those
11 long years the former Labor government did
absolutely nothing.
Let us turn to the part of the MPI that looks at wage
increases for Victorian public sector workers. The
coalition government’s wages policy is well known.
Increases above the guideline of 2.5 per cent are
available to be negotiated where parties can achieve a
genuine productivity offset. I am very disappointed that
the opposition is unaware of exactly what productivity
means. We have seen plenty of examples of this.
Unfortunately every single project the former
government did was done with budget blow-outs and
was never delivered on time. Never once was a project
delivered on budget — not once on budget. So in the
language of the opposition, productivity is
unfortunately unheard of — —
Ms Green — On a point of order, Acting Speaker, I
am afraid that I will have to ask the member for
Caulfield to withdraw that comment. He is misleading
the house. I could go through a list of projects,
including the bridge on the Greensborough Highway
over the Plenty Gorge, that were actually delivered
ahead of time and under budget. The things that are said
in his house need to be factual, and I ask the member
for Caulfield not to mislead the house with blanket
comments.
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
The ACTING SPEAKER (Mr Tilley) — Order! I
have been listening intently, and I do not uphold the
point of order.
remote, removed and aloof, and he has little
understanding of what real families do, how they
conduct their business and how they go about life.
Mr SOUTHWICK — Let me continue about the
budget blow-outs under the former government. There
was a huge number of budget blow-outs. We can talk
about the desalination plant, he cost of which members
of the public — the Victorian taxpayers — will have to
live with for 30 years because they have been signed up
to a deal about which they unfortunately made no
decision. Unfortunately they have been signed up
for — we have been signed up for — a blow-out of
$2.6 billion. The EastLink freeway project blew out by
$2.5 billion — and the list goes on. If you want to look
at what Victorian workers deserve, they deserve a
government that cares about them. They deserve a
government that will seek to look after them. They need
a government that is there for them. That is what we are
here for. This government cares about Victorian
workers, not about unions and not about union mates.
We will be here standing up for families. We will be
here standing up for Victorians. We will be here
standing up every single day for Victorian workers.
The conservative Liberal-Nationals coalition has tried
to do many things in its first 100 days, or so it says, but
it has had very little impact or effect. The most
important thing it has done is signal what sits at the core
of its ambitions: its desire to reduce the working
conditions of the most important and vulnerable
workers in this state. Members of the conservative
coalition conduct themselves in a manner they consider
to be paternal — that is, they say they are doing the
right thing — but in the end their manner is patronising,
and they display that in all the actions they take.
Mr MADDEN (Essendon) — I rise today to
condemn the Premier on an issue that is certainly
critical to this debate. I think the best way to describe
this government and to describe this Premier is the way
former leaders of the federal Liberal Party have been
described over time — that is, as ‘mean and tricky’.
They are words that came from within the Liberal
Party. I say ‘mean and tricky’ because what the
electorate thought it was getting when it elected this
Premier was a sensitive new-age Premier — the
Renaissance man, the swimmer, the architect, the
aesthete, the athlete — but unfortunately the only
Renaissance characteristic that is displayed by this
Premier — —
Mr Burgess — On a point of order, Acting Speaker,
the member is clearly reading, and I ask you to stop
him from doing so.
The ACTING SPEAKER (Mr Tilley) — Order! Is
the member for Essendon referring to notes or reading a
speech?
Mr MADDEN — I am just referring to copious
notes, Acting Speaker.
The ACTING SPEAKER (Mr Tilley) — Order! I
do not uphold the point of order.
11:47
25
Mr MADDEN — The only Renaissance
characteristic displayed by this Premier is the way he
strolls around like a latter-day Medici: he is distant,
What we are seeing on a number of fronts is the impact
this government has had on key workers, whether they
be police officers; teachers, who have received broken
promises about wage increases; or nurses, who care for
the most vulnerable. All of these workers had
expectations of this government. Prior to the election
the coalition indicated that it would deliver for them,
but we know the government is backtracking on what it
promised to deliver with the enterprise bargaining
agreement (EBA) process.
We already know about Easter Sunday trading — I will
not go into that in great detail — but what I want to do
is give a few examples of what happens to real people,
something I suspect that members of the conservative
coalition fail to see in their day-to-day lives. I will give
you an example that relates to Easter Sunday trading.
There is a small trader who operates not far from where
I live. She is a retailer and an elderly lady. She likes to
spend Easter with her family. She does not have to open
her business on Easter Sunday, as she sells young
children’s and baby’s clothing. However, her business
is not far away from one of the major retailers. What
will happen on Easter Sunday is that the major retailers
will open their doors and so will the indoor shopping
complex around the corner. This elderly lady will have
to spend the entire day in her shop because of the likes
of Woolworths and Coles, which sell the same sorts of
clothing she does, being open. If she does not open on
Easter Sunday, she will potentially lose that sort of
trade. It is highly likely that she will sell very little
clothing on that day on which she will spend a lot of
time away from her family. She tells me that Easter
Sunday is one of the few days of the year on which she
has the opportunity to spend time with her family.
In relation to minimum hours of work, I want to talk
about the example of a family I know very well. We
have heard from the government — the conservative
members opposite — that we are doing young people a
MATTER OF PUBLIC IMPORTANCE
26
ASSEMBLY PROOF
favour by employing them for only 11⁄2 hours at a time.
We hear that patronising tone again. There is no doubt
that employment is going to help young people.
Wednesday, 6 April 2011
family, because this family’s child will now get paid for
11⁄2 hours work rather than 3 hours work. That will
make a significant difference to the family budget at the
end of the week.
Ms Ryall — You have no idea!
Mr MADDEN — I will take up that comment. I do
have an idea. I have worked with young people in
vulnerable situations, and I will give you some
examples: I was self-employed for many years in a
small business as an architect, I taught younger people
for many years, and I was the president of the AFL
Players Association at a significant time of change for
the AFL. At that time there were highly motivated
young people desperately wanting to do the work, but
they were not respected by their employers, who took a
patronising tone towards them.
There is another thing that members opposite have
forgotten in relation to these matters. They say good
parents have to drive back and forth. We have all done
that and we are expected to do that for our children, but
the other thing they have not taken into account is what
is known as the vampire index. This index is used in
urban planning, and it relates to the amount of petrol
you have to use to travel long distances and the effect
that has on your family budget. What this government
wants to do is reduce the income of key workers —
nurses, police, teachers, health workers and the
like — —
I return to the example of the family I know very well,
which needs the money that the children bring in to
make ends meet. I take up the point we heard from
members on this side in relation to that. Government
members are saying that this kind of money is a sort of
add-on, but for many families the money that their
adolescent children can bring through the door helps
make ends meet. This family I know has five children.
The daughter works at an ice-cream parlour in a main
street shopping centre. She will take the shortest shift
she can get because of what happens on a hot day. You
might have a situation where the weather changes or
different things happen, and that has an impact on the
amount of ice-cream you can sell on a hot day.
Mr MADDEN — I will take up that interjection.
Workers’ incomes will be reduced, because inflation is
rising at a faster rate than the minimum wage the
government is offering through the EBA process. What
you will see is real income reduced and a greater
reduction in income because of that vampire index,
particularly with rising petrol prices. The government is
encouraging the notion of parents driving across town
to shopping centres and the like more often, getting
them to spend their hard-earnt money on the petrol it
takes to drop off and collect their children when they
are doing 11⁄2 hours of work.
After school this mother takes her adolescent child to
the main street shopping centre to work on a hot day, or
any day really, to sell ice-cream. If it is not a hot day,
her daughter will have a 11⁄2-hour shift, with the
possibility of increasing the shift to 3 hours if the owner
chooses to do so at the time. However, what that means
is that this lady has to pack her four other children into
the car, take her adolescent daughter down to the
ice-cream shop for her daughter’s 11⁄2-hour shift, and
then drive her home afterwards. That is called good
parenting, and these people are great parents. With the
change to working conditions this girl would have had
to work 3 hours. Currently if the shop is not selling
ice-cream, she is allowed to go home before the 3 hours
is up because there is no point in keeping her there, but
what will happen in the future is that she will only be
paid for 11⁄2 hours regardless of the situation, but then
she may be asked to stay on for a bit longer.
As well as that, what the government is intending is to
push more people into the outer suburbs. We know that
the demand for housing in inner suburbs by the key
workers I have just mentioned will not be met, because
they will not be able to purchase those houses and
cover the mortgage payments. What the government is
saying is, ‘We’ll put as many people in the outer
suburbs as we possibly can, and we won’t let anybody
else in those expensive suburbs’. What we are going to
see is more vulnerable people out on the fringes with
their salaries reduced. They will include key workers
who have to drive miles to take their kids to their places
of employment for small periods of time, and the
government says this is a great thing. The government
does not understand; the Premier does not understand
because the Premier has never had to lead a real life in
his world. He has never had to rely on those services,
and he has never had to rely on a real income.
Members opposite will say that it will be the end of
civilisation if you change the minimum hours to
11⁄2 from 3 hours. What the proposed new minimum
hours will do is make a very real difference to this
Dr SYKES (Benalla) — Now we have seen
it grovelling in the gutter — 6 foot, 7 inches grovelling
in the gutter!
Mr Weller — Reduce? You want to reduce income?
11:55
MATTER OF PUBLIC IMPORTANCE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Mr Madden — On a point of order, Speaker, the
member is misleading the house again, because I am
6 foot, 10 inches!
Dr SYKES — Still, he did not disagree with the
second part as to how low those people on that side can
stoop to try and drive a wedge between us on this side
and the people who elected us to represent them. We
were elected by the people of Victoria to represent them
because they know we are the people who stand up for
a fair go — a fair day’s wage for a fair day’s work.
This matter of public importance is about containing
wage increases and common sense in working hours. I
will put it in context. It is about managing a budget.
The first principle of managing a budget is to live
within your means; do not spend more than you earn
and generate a budget surplus. Secondly, basic
budgetary management dictates that you spend wisely;
you get value for money and spend it equitably so that
everyone benefits from the wealth and prosperity of this
state, not just a few, whom I will talk about in a
moment. That is not how Labor operated in its 11 years.
We have had unbelievable financial mismanagement
because Labor cannot manage money. It has never been
able to manage money, and it never will. Do you know
why? It does not care because it is not its money,
Ralph! It is taxpayers money, and it just blows it.
The Baillieu-Ryan government has been elected by the
majority of Victorians to bring in responsible financial
management to fix Labor’s mess, and what a mess it is.
Let us look at the specifics of the matter of public
importance. Easter trading is extremely important to the
electorates of Benalla and Benambra. We rely on
tourists coming to north-eastern Victoria, which is a
fabulous part of Victoria, as is Echuca, the member for
Rodney’s location. We have key towns in our electorate
that rely heavily on the tourist dollar: Nagambie,
Eildon, Mansfield, Bright, Myrtleford, Mount Beauty,
Benalla and Euroa, and until — —
Mr McCurdy interjected.
Dr SYKES — With the help of the member for
Murray Valley — and Wangaratta! Until we introduced
the Easter trading arrangements we had the absolutely
ludicrous situation where businesses with less than
20 employees could open but businesses with more
than 20 employees could not open unless it was a
hardware business or a nursery or unless there was an
exemption for the whole community, such as the one
for Bendigo, which is represented by a Labor MP. We
had the situation in Bright where there was only one
business in all of Bright — a community of a couple of
thousand people catering for up to 10 000 visitors —
27
that could not open on Easter Sunday. Do members
know what business that was? It was the IGA
supermarket, the source of food. We had people
coming up to Bright to relax and have a hassle-free few
days — ordinary working people bring their caravans to
Bright and camp in the camping grounds and want to
enjoy the simple pleasures of the magnificent autumn
tones of Bright — and Labor was saying to them that
they could not get food from the IGA supermarket. This
legislation brings in common sense and enables
working people to have an enjoyable family holiday
and a low-cost meal without having to worry about a lot
of storage and refrigeration, because they can get fresh
food from the local supermarket. That is common sense
in legislation. It is about looking after working people.
Let us look at the issue of containing wages, which has
been raised by those in opposition. Let us put this issue
in context by looking at what has happened on the West
Gate Bridge. I have a niece whose partner worked on
the West Gate Bridge. He told me he was on 100 grand
a year as a labourer but the work ethic was
mind-blowing. That is only one issue. I am pleased that
the member for Lyndhurst, the former Minister for
Water, is here in the chamber. I refer to the north–south
pipeline, which we plugged. One of the locals got
invited to work on that job. He put in a quote for
windscreen repairs at $60 an hour. The organisation
came back to him and said, ‘You’re going to have to
work those figures; it’s just not on’. He said that that
figure was as low as he could go. The organisation said,
‘No, we don’t want you to take the figure lower;
60 bucks an hour is far too low, we want you to go to
$300 an hour.’! Why? Because it is just taxpayers
money.
Then we have the daddy of them all: the desalination
plant, where there are outrageous arrangements. Tradies
there are getting 150 grand or 200 grand a year, and
their work culture, as reported in today’s Age, is
absolutely appalling. Let us get it right. If we are going
to have a fair day’s work for a fair day’s pay, we cannot
have the system put in place by the previous
government, where there was outrageous ripping off at
the top, and then the money will be available to make
sure that the people we care about are looked after
properly.
Let us move on to the issue of minimum hours, which
is particularly affecting newsagents. We have the
situation in Benalla where the minimum hours have
been pushed out to 3 hours. That has had an impact on
business flexibility. It has made the businesses less
cost-effective, as it is costing more money to deliver the
same services. People have had their rosters changed;
they are working fewer days and longer hours, and jobs
MATTER OF PUBLIC IMPORTANCE
28
ASSEMBLY PROOF
have been sacrificed. The problem is that the situation
is making it harder for our young people. A couple of
our young ones who work at the Benalla newsagent
want to move to Melbourne so they can find work that
fits in with their tertiary education. These country kids
have missed out on the opportunity to qualify for the
Youth Allowance, and the opposition has failed to stand
up for country Victorians and ensure that they get a fair
opportunity for education. The opportunities for
country kids to work in Melbourne are being restricted
because of the minimum number of hours.
It is interesting to hear the member for Essendon talk
about how it works the other way. He said that
increasing the minimum number of hours works against
the worker. I am giving an example where increasing
the minimum number of hours is working against our
young people, who are currently severely
disadvantaged and need to work to pursue their
educational opportunities.
Ms Graley — But you don’t want them to be paid
for working on a public holiday.
Dr SYKES — I thank the member for Narre Warren
South — they will get paid for working on Easter
Sunday, and they will continue to get paid a fair day’s
pay for a fair day’s work.
12:05
I conclude by referring to the start of this debate, in
which the member for Tarneit made comments
accusing the coalition of misleading Victorians in a
contrived fashion. Is that not the pot calling the kettle
black? From his copious notes the member came up
with those little gems. On top of that, when the member
for Box Hill replied he immediately exposed the factual
incorrectness of the statements by the member for
Tarneit.
Let us examine where we fit into this. On this side we
represent all Victorians, including the workers. We are
sick and tired of the opposition attempting to create a
class divide, and I advise the opposition that many
people who used to vote Labor now vote
Liberal-Nationals because we stand up for all
Victorians.
Ms KAIROUZ (Kororoit) — The Premier, Ted
Baillieu, has been caught out. Baillieu and Co. has been
caught out. A leopard never changes its spots. It has
taken less than five months for Mr Baillieu’s true
colours to come out and show his disregard for
Victorian workers and Victorian families. It took less
than three months in office before Baillieu and Co.
launched a two-pronged attack on the wages and
conditions of workers in the retail industry.
Wednesday, 6 April 2011
First, the Liberal government moved swiftly to
introduce legislation that would allow open-slather
trading on Easter Sunday. This legislation clearly
represents an attack on workers and workers’ families
during a time of year that should be one of celebration
and relaxation. Instead this government — in what
represents an ironic twist, given the Premier’s first
statement on the importance of families in Victoria —
has slapped Victorian working families in the face by
removing the protection from being forced to work on
Easter Sunday. In that statement the Premier claimed
that under his government families would be ‘at the
centre of our decision making’. He also claimed that
‘All decisions of cabinet now consider in advance the
benefits for families’. I ask Baillieu and Co.: how does
trading on Easter Sunday pass this test? How can this
Liberal-Nationals government look the Victorian
people in the eye and say it legitimately cares and puts
the interests of Victorian workers first when it has taken
away the protection of workers from working on Easter
Sunday?
Premier Baillieu has also provided no proposals to
protect workers from being compelled to work on
Easter Sunday, and nor has he allowed for the provision
of compensation beyond the normal Sunday rate
through public holiday penalty loadings for this day.
Easter Sunday is not a public holiday, and the
government has not legislated protections for workers
in Victoria in relation to Easter Sunday under the
general retail industry award. This highlights the
hypocrisy of the Baillieu government, on one hand
crowing about the importance of families and cutting
the cost of living for Victorian households but on the
other hand ripping out the heart of Victorian workers.
Ted Baillieu’s choice to make the Shop Trading
Reform Amendment (Easter Sunday) Bill 2011 the first
bill to be passed by this government says everything
about him and his priorities. Ted Baillieu has no
understanding about what it is like to work, let alone
work on Easter Sunday. He has no understanding about
what it is like for a retail worker at Coles to earn $18.40
per hour, and he has no understanding of what it is like
to pay rent or a mortgage, maintain a car, pay the bills
and put food on the table on a weekly minimum wage.
Baillieu and Co. were elected on a platform to fix the
problems. With all the things they said they would be
dealing with, such as transport, health care and flood
relief, they have chosen instead to target Victorian
workers through passing the Easter Sunday trading bill
as the first act in the 57th Parliament.
Premier Baillieu’s announcement of the government’s
intention to seek a reduction in the minimum hours of
work for young people is another attack on Victorian
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
workers. This is despite four failed attempts by the
Australian Retailers Association in the last three years
to get Fair Work Australia to accept changes to
minimum casual hours. Again, with all the things the
government said it would be doing, it has chosen to
attack the most vulnerable workers —
schoolchildren — and their wages and conditions. The
3-hour minimum casual model is just and fair, but the
11⁄2-hour minimum is not. In fact the Australian
Retailers Association withdrew its submission when
given a deadline by Fair Work Australia to provide
evidence that workers would be better off working
11⁄2 hours. Yet Ted Baillieu is pushing ahead, and he
made a special request to Fair Work Australia — —
The ACTING SPEAKER (Mr Morris) — Order!
I draw the attention of the member for Kororoit to
standing order 108, which states:
A member must refer to other members by their title of office
or by the name of their electorate.
Ms KAIROUZ — Premier Baillieu is pushing
ahead, and he has decided that he will put in a
submission to Fair Work Australia to lop the minimum
casual hours from the current 3 hours to 11⁄2 hours. That
is despite Fair Work Australia delivering condemnation
of the Australian Retailers Association case on a
reduction of hours last year. In its decision the ARA
said:
It is hard to imagine a weaker evidentiary case for a general
reduction in the minimum period of casual engagement.
29
everything about him. He obviously does not
understand what it is like to work for a minimum wage.
He does not understand the relative living standards and
the needs of the low paid, and he does not understand
what it is like to live on wages below the minimum
wage or to earn the current minimum wage of $15 per
hour or $569.90 a week. He does not understand any of
this because he has never had to, and now he simply
does not want to.
Let us turn to the Victorian public sector workers —
workers that this state cannot function without, such as
police, teachers and nurses. The Premier promised the
world to these workers before the election, and after the
election he reneged. Premier Baillieu’s decision to
propose wage increases below inflation for the
Victorian public sector workers is a further alarming
symbol of the importance he places on the fiscal over
the fair. In fact Baillieu and Co. have decided to move
the enterprise bargaining unit from Workforce Victoria
to the Department of Treasury and Finance, which
basically means that the public sector negotiations will
now be controlled in every part by the government,
which wants to keep wage increases below inflation.
Sadly we have a Premier without any credibility. We
have a Premier who is very good at providing
commentary but is not good at delivering on his
promises. We have a Premier who does not understand
what it is like to work and does not understand what it
is like to make ends meet from pay to pay.
12:12
This attack on school student workers and their families
represents the government’s malicious agenda and sole
function of representing employers and big business.
The cruel decision by Premier Baillieu will have a
detrimental effect on the vulnerable and poor within our
society, but what would he know? He has never had to
work for a living. He has never had to save every cent
to treat himself to go to the cinema or work to catch
public transport or buy a treat from the school canteen,
so the choice to reduce the minimum hours of work for
schoolchildren from 3 hours to 11⁄2 hours is not
surprising at all. Every Victorian deserves to know that
their government will not abandon them to face the
challenges alone, particularly the lowest paid workers.
Instead we have a Liberal-Nationals government that
attacks some of Victoria’s lowest paid and most
vulnerable workers.
We find once again Premier Baillieu launching an
attack on Victorian workers by recommending
constraining wage increases for Victoria’s lowest paid
workers. Premier Baillieu’s choice to restrain wage
increases for Victoria’s lowest paid workers says
BUSINESS OF THE HOUSE
Orders of the day
Mr McINTOSH (Minister for Corrections) — I
move:
That the order of the house making the resumption of debate
on the second reading of the Multicultural Victoria Bill 2011
an order of the day for Thursday, 7 April 2011 be read and
rescinded and that the bill be made an order of the day for
Wednesday, 6 April 2011.
Two weeks ago a decision was made to place the
Multicultural Victoria Bill 2011 on the notice paper for
Thursday, which constituted a two-week adjournment
from the Thursday of the last sitting week. It is felt that
in the circumstances of this week, ample time will be
provided tomorrow to give an opportunity to a number
of members to make their contributions to the
address-in-reply debate. I am sure there are also a
number of members on both sides of the house who
wish to speak on the Japanese earthquake and tsunami
motion. That could be accomplished by 4 p.m.
BUSINESS OF THE HOUSE
30
ASSEMBLY PROOF
tomorrow. Most importantly an opportunity to speak on
both the address-in-reply motion and he Japanese
earthquake motion will be afforded to all members
tomorrow.
When the government business program was being
contemplated we kept the number of bills to be debated
in the house to a minimum of four rather than allowing
the usual six, seven or eight, which we have seen in
normal business weeks of both this Parliament and
previous parliaments. We feel four bills is a more than
adequate number for completion in two days.
Accordingly we have decided to bring on the
government business program guillotine tonight.
The Multicultural Victoria Bill is obviously an
important bill, and many members will be given the
opportunity to speak on that later today. As an
important bill it merits as many members as possible
making a contribution on it. Accordingly this motion
rescinds the motion agreed to by the house two weeks
ago which put the Multicultural Victoria Bill on the
notice paper for tomorrow and brings it on today. It is
only one day earlier than was originally agreed to when
the debate was adjourned for two weeks. That will
enable that bill to be debated today and put to the vote
as part of the guillotine at 10.00 p.m. tonight, along
with the other three bills.
It is the government’s view that this will mean as many
members as possible will be able to make a contribution
on this very important bill as well as giving the house
the opportunity of making significant inroads in getting
through the contributions of members who want to
speak on the address-in-reply and Japanese earthquake
and tsunami motions. The timing of those matters will
obviously be dependent on discussions between the
various parties. However, we can start with the
address-in-reply debate and Japanese natural disasters
motion can be debated at some later stage. As I said,
that will be the subject of discussions between parties in
the house.
Given the unusual situation of the Treasurer being
required in Canberra, we would like the house on
Thursday to deal with non-controversial matters,
including the address-in-reply and the Japanese
earthquake motions. Both of those matters are perhaps
non-controversial in the sense that they do not
necessarily carry specific outcomes even though all
members have the opportunity to make a contribution.
The address-in-reply debate can of course be partisan in
content — the nature of the beast is that there is no
opposition to the motion itself — and I am sure there
will be no opposition to the tsunami motion.
Wednesday, 6 April 2011
The government’s view is, therefore, that given
tomorrow’s circumstances, which have been created by
the opposition not providing a pair for the Treasurer,
and given the government is putting four bills on the
government business program with a guillotine at
10.00 p.m. tonight, we will be accommodating as many
members as possible making their contributions on
those important bills, including the Multicultural
Victoria Bill 2011. We think this will enable us, as I
said, to move on tomorrow to the less controversial
matters I have already mentioned Accordingly I am
happy to commend this important motion to the house.
Ms BEATTIE (Yuroke) — The opposition will be
opposing this motion.
An honourable member interjected.
Ms BEATTIE — If the member will listen, he will
give me an opportunity to speak. The opposition has
always supported multicultural affairs in a bipartisan
way, and we hope to continue that bipartisan support.
However, we do not support being gagged in a debate.
In this great state the grandson of a Lebanese migrant
can become Premier, and the child of Sri Lankan
parents can rise to become Governor. We have always
supported the multicultural nature of our state, and we
want the opportunity to have a fair debate on this
matter. We need more time on this matter, which is
really important for this state.
Members will know that just recently there was a
cricket match in India. Many of my Indian constituents
went to India to watch that match, and they are coming
back to Australia now. I have not had the opportunity
on behalf of my constituents to consult with them on
this very important bill. This bill will take multicultural
affairs forward in this state, but it is a great change from
what has been the case in the past.
We have had multicultural commissioners; now we are
moving to regional councils. We want an opportunity to
go back to our communities, no matter where they are
and no matter which country they are from or which
religion they practice, to consult with them about the
bill.
We thought we would have this extra time to consult,
but now we do not because the Treasurer wants to go to
Canberra. That is his right and we want him to go. We
support him going to Canberra. I will even lend him a
Melway to show him where the airport is — although
the Liberals always know where the airport is, because
they cannot wait for July to have the long winter break
to go overseas. I am willing to take time out to give the
Treasurer a copy of Melway so he can find his way to
12:20
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
the airport, because I want him to go to Canberra and I
want him to argue Victoria’s case. But there seems to
be some reluctance on his part, maybe because he has
to pay for extra baggage to get his abacus onto the little
plane that goes to Canberra. He cannot fit it in.
We want to debate the Multicultural Victoria Bill 2011
with our communities. In my community, in the
municipality of Hume there are people from some
120 nations. In two weeks it is impossible to get around
and consult every community in Hume to get their
input. Indeed, I have some people coming in today so
that I can get their input on the bill. I want to have a
fulsome debate. I want to continue the great tradition of
bipartisanship on multicultural affairs in this state, but
how can we make our multicultural communities feel
included in the debate when the guillotine is going to be
applied?
The guillotine is one of the great traditions of the
Liberal Party, and it never ceases to use it. We are four
months into this government’s term and we see it being
used all the time, because the government does not
want to consult. It made decisions about the
Multicultural Victoria Act before it came to
government, and it does not want us to consult. I know
that a former Minister for Multicultural Affairs has
been consulting widely, as indeed has the member for
Dandenong and the Leader of the Opposition. We want
more consultation. We do not want the guillotine to be
applied. We want the Treasurer to go to Canberra with
his abacus to fight the case.
Mr HODGETT (Kilsyth) — I rise in support of the
motion moved by the Leader of the House. As has been
outlined, the motion seeks to move the order of the day
for the resumption of debate on the Multicultural
Victoria Bill 2011 from Thursday to today, to allow the
bill to be debated today and put to the guillotine tonight.
We are seeking to change the process to allow that to
occur. I am informed by the Opposition Whip that the
opposition has a number of speakers who wish to make
a contribution on the bill, as do government members,
who are also looking forward to making a contribution
to the debate. As we heard from the member for
Yuroke, members are keen to make their contributions,
and it will be interesting to see how much time
opposition members spend on debating this motion and
the next. If they are keen to get up and make a
contribution on the Multicultural Victoria Bill, we are
keen to facilitate that and to allow them to speak.
Mr Eren interjected.
31
Mr HODGETT — We look forward to the member
for Lara also making a contribution and perhaps saying
something sensible in the house for a change.
As the Leader of the House has outlined, this will allow
all of Thursday to be used to debate the
address-in-reply to the Governor’s speech and the
motion on the Japanese earthquake and tsunami. As I
outlined yesterday, we have a number of speakers who
are directly or indirectly affected by those disasters, and
a few of them are keen to make a contribution on that
motion. As has been outlined, this will allow the
Treasurer to go to Canberra tomorrow to argue
Victoria’s case for a fair share of funding and to stand
up for Victoria. Of course, it is without the support of
opposition members, who have failed to give him a pair
to facilitate his going to Canberra to argue our case for
a fair share of funding. In the interests of time, I say that
I support the motion, and I urge opposition members to
do the same.
Mr EREN (Lara) — At the outset I want to record
that the opposition does not oppose the Multicultural
Victoria Bill 2011, but what we are opposing is the
procedural motion before the house. In its first 100 days
the government has brought in legislation and tried to
gag us and guillotine debate. Yet again we are seeing
four important bills and it wants to curtail debate on
them. It is trying to compress debate on four important
bills, bills that are important to the constituencies of all
of us. It wants to come in on Thursday and have a
comfortable day, because there will be nothing on the
legislative agenda. Once again government members
are proving themselves to be extremely lazy. They have
no legislative agenda, and they want to guillotine
debate on any important legislation before the house.
Let me get on to the matter of the Treasurer going to
Canberra tomorrow. All we have heard from the
government is whingeing, carping, moaning and
dithering. It is somehow trying to blame the opposition
for not letting the Treasurer go. He can go. He should
not be afraid. I think he is trying to find an excuse not to
go; that is what he is doing, because he will go up to
Canberra and be exposed for the fool that he is. That is
what he is afraid of. He is looking for all the excuses
under the sun as reasons not to go. When you look at
the pairs book, which sits just in front of the mace, you
see that the last time there was a pair in this house was
2001 — 10 years ago, and that was for a very serious
reason, as we heard yesterday.
An honourable member interjected.
Mr EREN — Excuse me! It was outlined yesterday
that the reason why there was a pair in 2001 was
BUSINESS OF THE HOUSE
32
ASSEMBLY PROOF
because a former member’s partner had passed away,
and that was a decent thing to do. This is purely about
government procedure.
As I have indicated, the government should not try to
compress debate on these four important bills into a
matter of hours. We have a lot of things to say; we are
very proud of our history in multiculturalism, and
government members, knowing we have that proud
history, are trying to gag us. Through the motion we are
debating the government wants to change procedures
and it says that is so the Treasurer can go to an
important meeting tomorrow. That is absolute rubbish.
I want to get back to how important multiculturalism is
for my community in particular. We are very proud of
the investments the former government made in
multiculturalism. Only recently the new Minister for
Multicultural Affairs and Citizenship came to Geelong
to celebrate the Pako Festa with us. The Pako Festa is a
huge success as a result of the Labor Party’s policies
when it was in government.
12:30
Over 100 000 people attend the annual Pako Festa in
Geelong, and when the minister came to the festa this
year he was amazed at how many people were
participating in the event.
There is Diversitat, a very important organisation in my
electorate with which we work closely. I am proud that
the former Labor government invested over $1 million
in a $3.5 million project to create a community hub
which will provide services for migrant communities in
my electorate and North Geelong. It is a fantastic
project, and we are very proud of investing over
$1 million in this hub, which is almost complete. What
will happen now? After Labor has done all the work,
the new minister will come to Geelong and open the
building. That is fine, but what I oppose is the
government trying to stifle debate and gag the
opposition on this important bill, the Multicultural
Victoria Bill 2011. We will not be gagged.
Mr WELLER (Rodney) — It appears that members
of the opposition are suffering from amnesia after their
big fall on 27 November last year. Every sitting week
during the last term of Parliament we had the guillotine
at 4 o’clock on a Thursday, and in many cases I was
denied my full 10 minutes to contribute to the debate on
the bills. Back then there was an agreement that
members would speak for a shorter time so that
everyone could contribute. Agreements were worked
out. The government and opposition whips sat down
and worked out how everybody could have the
opportunity to contribute. There was none of this rot of
Wednesday, 6 April 2011
opposing things just to waste time, such as we are going
through now.
If the opposition wants to get onto the bill, let us get
through this motion and have the actual debate on the
bill. It is absolutely essential that the Treasurer go to the
ministerial meeting tomorrow and defend our
entitlement to the $2.5 billion that the federal
government has ripped out of the Victorian economy.
Ms Allan — On a point of order, Acting Speaker,
this matter of public importance is not about the
Treasurer’s attendance at the ministerial council
meeting; it is about the restructuring of the government
business program to accommodate debate on the
Multicultural Victoria Bill 2011. Perhaps the member
for Rodney could come back to addressing the motion
before the house.
Mr WELLER — What has to be remembered — —
The ACTING SPEAKER (Mr Morris) — Order!
Before the member for Rodney continues it might be
helpful for me to rule on the point of order.
Mr WELLER — If members of the house were
quiet, I could hear the Speaker.
The ACTING SPEAKER (Mr Morris) — Order!
On that point, as difficult as it might be to believe, I am
having trouble hearing the member for Rodney. I ask
that we just lower the temperature in the house a bit.
There is no point of order, but I would appreciate the
member returning to debate the motion.
Mr WELLER — What we have to remember is
that it has been the practice of this house to have the
debate on all bills guillotined as part of the government
business program. In the last sitting of Parliament,
between 2006 and 2010 — —
An honourable member — The dark years.
Mr WELLER — They were very dark years, but
agreements were often made that members would
speak for a shorter time so that all members could have
their say. Unfortunately in this Parliament members of
the party now in opposition do not want to work
towards all members getting a fair go. They are pulling
stunts like this where we are wasting 15 to 30 minutes
debating a procedural motion rather than getting on
with debating legislation.
Honourable members interjecting.
Mr WELLER — The member for Lyndhurst
interjects and says I am doing the talking. The reason I
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
am doing the talking is that members of the opposition
are opposing this motion. They have chosen to waste
half an hour debating this motion when we could be
debating the bill. As we have seen throughout this
Parliament so far, they want to play games. They want
to muck around and waste time when we should be
having a proper debate on the bill. Let us get on with it.
Ms GRALEY (Narre Warren South) — We are not
opposing this. There is a good saying that we should do
twice as much listening as talking. Members opposite
should take notice of that, because the fact is we are not
opposing it.
We are very pleased that the Government Whip has
told us that the Treasurer is off to Canberra. That is
great news. That is terrific, because members on this
side of the house cannot wait for him to get to
Canberra. We are hoping that Mr Recurrent Capital will
get a lesson in economics and accounting in Canberra.
We cannot wait for federal Treasurer Wayne Swan to
sit him down and tell him how to add up and how to
read the budget papers. We just hope he will understand
what is going on in that room tomorrow. We really
hope that he will do Victoria proud.
The ACTING SPEAKER (Mr Morris) — Order!
I ask the member for Narre Warren South to return to
the motion.
Ms GRALEY — As the members for Yuroke and
Lara said, on this side of the house we are proud of our
record on multiculturalism. Victoria has a proud history
in this area. Even members on the other side of the
house have always championed multiculturalism in
Victoria. I understand that the Premier recently made an
excellent speech at a Victorian Multicultural
Commission (VMC) dinner which many people
attended. However, people from the Indian, Greek and
Latin American communities are coming to my office
and asking, ‘Judith, what is going on in Victoria with
the changes to this act?’ Many people are upset, and
they are asking me very pertinently — —
The ACTING SPEAKER (Mr Morris) — Order!
I again ask the member to return to the motion.
Ms GRALEY — They are asking, ‘Why did
George have to go?’. They are wondering what has
happened, and they are asking, ‘What do we need to do
to keep our funding? What is changing here? What is
happening?’. They are very disturbed. I say to the
members opposite, who are trying to increase the
teaching of languages in schools, that one of the basic
things you have to understand when dealing with ethnic
33
groups is that you have to give them the time and
resources to understand change.
The ACTING SPEAKER (Mr Morris) — Order!
Does the member intend to return to the motion?
Ms GRALEY — When the VMC was set up it took
nine months.
The ACTING SPEAKER (Mr Morris) — Order!
Does the member intend to return to the motion? We
seem to be debating the bill at this stage.
Ms GRALEY — I am returning to the motion. I am
talking about the lack of consultation in relation to this
bill.
The ACTING SPEAKER (Mr Morris) — Order!
If that is so, the member should couch her comments in
those terms.
Ms GRALEY — I am talking about the lack of
consultation of the very concerned people in my
electorate. As I said, people are turning up at my office
worried about not only how they will operate but also
how they will be able to afford to operate in the future.
When the VMC was set up there was nine months of
extensive consultation. People sat around and talked
about the best model for pursuing a healthy
multiculturalism in Victoria. If I recall correctly, it was
led by Liberal minister Haddon Storey at the time. This
is another example of the bipartisan approach
Victorians expect from government when it comes to
multicultural affairs. What is happening with this bill is
a real shame, one which many people are concerned
about. Because of the lack of consultation, we have no
understanding — and the bill certainly does not give us
that understanding — about the transition from one
authority to another.
I understand even people in the department are
struggling to comprehend exactly what is happening, so
what hope do people in the community, who often have
limited resources, have in trying to deal with what they
consider to be dramatic changes regarding the very
good things that so many of them are doing in the
community?
Motion agreed to.
12:37
BUSINESS OF THE HOUSE
34
ASSEMBLY PROOF
BUSINESS OF THE HOUSE
Sessional orders
Mr McINTOSH (Minister for Corrections) — I
move:
That the following new sessional order be adopted, to come
into operation with immediate effect:
‘8
Interruption of business for adjournment
Standing order 32 be suspended and the following to
apply:
(1) Subject to paragraphs (2) and (3), the Speaker will
interrupt the business before the house at:
(a) 10.00 p.m. each sitting Tuesday and Wednesday;
(b) 4.00 p.m. on any other sitting day.
(2) If a division is taking place when the time for the
interruption arises, the division will be completed and
the result announced. If the division is on a closure
motion, and the motion is agreed to, the question or
questions then required to be put to close the issue
before the house will also be dealt with. The Speaker
will then interrupt business.
(3) If the time for the interruption arises:
(a) at the same time as the completion time set by the
government business program; or
(b) after the interruption for the completion time of the
government business program, but before all
business on the program has been dealt with —
all business on the government business program will be
completed first. The Speaker will then interrupt business
for the adjournment.
(4) After the interruption:
(a) before a motion for the adjournment is proposed by
the Speaker, a minister may move that the sitting
be continued. That motion must be put
immediately without amendment or debate. If it is
agreed to, the house will resume debate at the point
at which it had been interrupted; or
(b) if a motion is not moved, the Speaker will
immediately propose the question ‘That the house
now adjourns’. Any business under discussion and
any other business not concluded at the time of the
adjournment will be listed on the notice paper for
the next sitting day. Any member speaking at the
time of the interruption may, when debate resumes,
continue his or her speech.’.
The new sessional order largely replicates existing
standing order 32, but makes two significant changes,
which I will outline to the house. The first is a change
to the current arrangement whereby on any day the
house sits there is the opportunity for an automatic
Wednesday, 6 April 2011
adjournment at 10.00 p.m. Of course a minister can
move that the sitting be continued, but otherwise the
question that the house adjourn is put automatically,
without debate. The new standing order makes no
change to this procedure except by adopting the clear
present practice of the house — that is, that it usually
sits for a shorter time on Thursday. It also
acknowledges that the time for remaining government
business has usually concluded by 4.00 p.m. on
Thursday. Of course there is always the opportunity for
a sitting to be continued on the motion of a minister.
That option will remain, and it may be the common
practice in relation to second-reading speeches — we
will have to wait and see. I note that certainly in the last
two years of the former government’s administration a
number of second-reading speeches were made during
the course of the debate. This government has not
availed itself of that option on too many occasions.
Second-reading speeches will be made later this
afternoon, but I understand that will only be a matter of
some 15 minutes, so it should not trouble the house too
much. The change is to reflect the common practice in
this house — that is, to adjourn at 4.00 p.m. on most
sitting Thursdays, or any sitting days other than
Tuesdays or Wednesdays. As I said, in each case there
is still the opportunity to extend the sitting in
circumstances where further business needs to be
transacted, but the question would automatically be put
at 4.00 p.m.
The second substantial change is made by
paragraph (3), which talks about the government
business program. The government business program
has been extensively used during the 11 years I have
been in this Parliament. It has been common practice,
but there is a slight anomaly in relation to it. Under the
existing regime it would occur only at 10.00 p.m. on
any sitting day, and the anomaly is that if we had a
government business program concluding on Tuesday
or Wednesday, then the questions may not be put. They
would have to be put before the automatic adjournment
or the sitting would have to be continued. This change
makes it perfectly clear that if there is a government
business program set for the same time as the
adjournment, then the government business program
would be cleared before the automatic adjournment
takes place.
Apart from those two substantial changes, the new
sessional order in effect replicates existing standing
order 32. As I said, for many years it has been the
common practice for the house to sit for only a limited
time on Thursday, with the questions for the
government business program being ultimately put at
4.00 p.m. The new sessional order merely reflects the
fact that on any sitting day there is the ability to move
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
an extension of the sitting and provides for an
automatic adjournment at the time that is the common
practice of this house.
I commend the motion to the house.
Ms ALLAN (Bendigo East) — I rise to make a
contribution to this debate regarding the new sessional
order moved by the Leader of the House. It was
discussed yesterday and we are debating it today. We
appreciate that the government is very keen to have this
sessional order adopted and to have it become part of
the practice of this chamber as soon as possible. I will
come to the reasons for that in a moment.
For the information of the Leader of the House and the
government, the opposition will not be supporting these
changes to the sessional orders, which I will go through
shortly.
12:45
In his contribution the Leader of the House suggested
that the changes to the sessional order largely replicate
the current practice under standing order 32. Whilst that
may be true in part, it is not true in the whole.
The change to the sessional order outlined in
paragraphs 3(a) and 3(b) cover matters the opposition
takes no issue with. I think the Leader of the House said
this change redresses an anomaly when there is conflict
between the government business program and the
adjournment of the house landing at the same time in
the course of a sitting day, and it certainly makes sense
that that change be made. If members of the
government would like to extract that part of the
sessional and put it forward separately as an individual
item, they would find that opposition members would
support that part of the sessional order.
However, the area opposition members take issue with
is contained in paragraph 1(b). It appears that the
government is very keen to gag parliamentary debate at
4.00 o’clock on every Thursday of every sitting week.
At the moment the interruption for the adjournment is
at 10.00 p.m. each sitting day, and we have established
over quite a period of time that there is routine that
Parliament adjourns at 10 o’clock on Tuesday and
Wednesday nights, and then on Thursday to facilitate a
number of things — including the second-reading
speeches that need to be delivered by government
ministers, or perhaps the need for members to get back
to their electorates ready to spend Friday in their
offices — it has been a convention that the house
ceases its business at 4 o’clock and the government puts
in place the guillotine on the government business
program at that time.
35
The change in proposed standing order 8(1)(b) goes one
big step further, and it is that big step that the
opposition takes issue with. Bringing in a requirement
that the house adjourn at 4 o’clock on any other sitting
day constricts the opportunity for the Parliament to
have a full debate on a range of different matters. Over
my 11 years in this chamber it has been the practice
from time to time that we have sat late on Thursday;
indeed I recall that we have sat on Friday from time to
time. The reason those circumstances arose under the
previous government was that we had a full legislative
program. We came to office ready to go; we were ready
with an agenda to implement new programs and new
policies for Victoria.
Unfortunately what we have seen over the four sitting
weeks of this government — and let us not forget the
one glorious day we sat to open the Parliament before
Christmas — the government business programs and
the passage of legislation through this Parliament have
been nothing short of a shambles.
Let us recap and cast our minds back to those shambles.
When this Parliament opened we had a sitting week of
one day. Members of the opposition were keen to have
a full parliamentary week; we were keen to sit on
Tuesday, Wednesday and Thursday of that week, or
even have a Wednesday, Thursday and Friday session,
but members of the government were only interested in
sitting for one day. They were more interested in
having their garden party, with the cucumber
sandwiches and the orange juice in the parliamentary
gardens and the hats and the celebrations on the floor of
the Parliament. That is what members of the
government were more interested in.
As you will recall, Acting Speaker, this situation was
exposed when the opposition forced members of the
government to bring in their legislative program. The
government was quite content to have bills introduced
but not exposed to scrutiny over the Christmas period.
Opposition members called on the government — we
used parliamentary procedures — requiring the
government to second read those bills and expose them
to scrutiny, and we had to do it repeatedly because the
government was not ready to get down to work.
Then there was the start of the 2011 sitting year and
sitting weeks with very skinny legislative programs,
and this week provides an illustrative example of how
skinny the legislative program has been. Once again it
shows that members of the government are just not
ready. They are happy to debate censure motions and
attack opposition members relentlessly. They are quite
happy to pull stunts, such as introducing the
Parliamentary Salaries and Superannuation
BUSINESS OF THE HOUSE
36
ASSEMBLY PROOF
Amendment Bill 2011, which provides for fining
members of Parliament. Members of the government
are quite happy to pull stunts and engage in those sorts
of activities, but they are not quite ready to do the hard
work that the Victorian public elected them to do.
These events have led to a circumstance where a
proposed sessional order is being brought in not to help
the smooth running of Parliament or the procedures of
this place and not to see legislation pass in a timely
manner; this sessional order is being brought in as yet
another example of this government failing to do its job
properly and wanting to hide the Treasurer from the
ministerial council meeting in Canberra.
I have a theory on this bluff and bluster we have seen
from the government over the Treasurer’s attendance of
the ministerial council meeting. I think government
members quite enjoy it. I think they are quite happy for
this to continue for quite a while, because it covers up
their true feelings on this matter. Government members
are quite happy for the Treasurer not to go and quite
happy for him not to be exposed at the national level —
at a national forum — as being the incompetent
Treasurer that he is. I think they are quite secretly
pleased.
Honourable members interjecting.
The ACTING SPEAKER (Mr Morris) — Order!
The member for Bendigo East, without assistance.
Ms ALLAN — We only have to look at the bluff
and bluster to which we have been subjected over the
last few days for proof of that. On Saturday afternoon
out trotted the Attorney-General, who very solemnly
declared the travesty that was brought on the state of
Victoria and the need for the Treasurer to attend the
ministerial council meeting in Canberra. What was the
response of the opposition? The opposition’s response
has always been that the Treasurer should go. The issue
of the Treasurer’s attendance at the ministerial council
meeting tomorrow in Canberra is not a matter for the
opposition. Here is a newsflash for the government: it is
the government, and it has to run its own diary. It is not
my job, the shadow Treasurer’s job or the Leader of the
Opposition’s job to run the Treasurer’s diary; it is the
Treasurer’s job and his office’s job to run his own
diary. He makes those decisions himself; it is not our
job.
Obviously the poor old Attorney-General drew the
short straw on Saturday; he was the minister on media
duty that day, so they wheeled him out. I can imagine
him sitting there in his office saying, ‘I wish I had
followed football; I wish I barracked for an AFL team
Wednesday, 6 April 2011
that was playing today. I wish I had a good excuse for
not being here. I wish I was up at Mount Hotham or
even in Mildura visiting the member for Mildura. I
wish I was somewhere else. I wish I was anywhere but
here having to continue this charade of defending the
Treasurer’.
This state of affairs continued through question time
yesterday, and indeed to today. Repeatedly members of
the government have stood up demanding that the
Treasurer be allowed to go to the ministerial council
meeting. Go! We agree: he should go. We have
supported him in going. Then yesterday it was revealed
that he is going, so what was all the fuss about? What
was all that bluff and bluster about? He is going. There
is no need for a pair to be provided. The absence of the
Treasurer does not change the circumstances on the
floor of the Parliament, so what was all the fuss about?
You can only wonder what the fuss was all about.
Mr Holding — It was just a try-on.
Ms ALLAN — It was a try-on. Members of the
government were trying to conceal the real reason,
which is that they did not want to send the Treasurer to
Canberra. They were quite happy for him to be tucked
up on level 4 at 1 Treasury Place, surrounded by his
bureaucrats in his little cocoon. They do not really want
to let him out and be exposed to the rough and tumble
of ministerial councils, because they know he would be
chronically exposed for his inability to do the job that is
required of a Victorian Treasurer.
We are a major economy, not just by Australian
standards but internationally. We are an important
economy. We are an economy that is in transition. We
are an economy that needs not just a safe pair of hands
but a clever pair of hands — and we are not getting that
from this Treasurer. During the Treasurer’s past
applications he made to be the treasurer of his local
scout group or similar organisations were probably
rejected. I am sure he would have been rejected for
appointment to such roles in the past. But he is our
Treasurer now. He is the Victorian Treasurer. Once
again the government is trying to hide him away from
scrutiny, just as they did for each and every one of the
days of the election campaign last November. It does
not want to put the Treasurer up for scrutiny, and it is
trying to blame the opposition once again. Whenever
the government gets into a bit of a pickle somehow it is
the opposition’s fault. Opposition members go through
their list of excuses. ‘What is it today? Oh, we will use
that one we love the best — playing the opposition’.
Somehow election commitments that were not made by
the government are the opposition’s fault. The decision
to not commit to fund the Olivia Newton-John Cancer
12:55
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
and Wellness Centre is somehow our fault — but it is
not our fault that the Treasurer failed to include it in his
costings document — —
Mr McIntosh — On a point of order, Acting
Speaker, this is drivel. This is utter drivel. I ask you to
direct the member back to the motion.
The ACTING SPEAKER (Mr Morris) — Order!
I think it was more editorial comment, but I would
appreciate it if the debate were turned closer to the
motion before the house.
Ms ALLAN — The motion before the house is
about the government trying to restructure the standing
and sessional orders just as it has had to restructure its
government business program so it can make sure that
the Treasurer goes to Canberra tomorrow. That is what
we support. We support the Treasurer going to
Canberra for the Ministerial Council on Federal
Financial Relations. The government should not give us
this charade along the way. It is trying to cover up its
embarrassment about this Treasurer, and we are seeing
this with excuse after excuse from both the Treasurer
and the government not wanting to get on and do their
job.
I would now like to address the issue of pairs, because
it has been raised repeatedly over the course of today. I
was a member of a minority government between 1999
and 2002. During that time pairs were not provided to
the government to attend ministerial council meetings.
Indeed if you look at the pairs book, you will see that a
pair was provided in 1993. I am not sure of the reason
why — —
37
Ms ALLAN — On this matter of pairs, we were a
minority government and were not provided with a pair
between 1999 and 2002 for ministers to attend
ministerial council meetings. That is a fact. That is the
practice that those opposite followed when they were in
opposition; that is what was continued. In the past
111/2 years that has been the practice and custom of this
house. What we are seeing now is that the government
is trying — —
Mr McIntosh — You petty little thing.
The ACTING SPEAKER (Mr Morris) — Order!
The member for Bendigo East, without assistance
from the Leader of the House.
Ms ALLAN — I ask the minister to withdraw that
reference to me being a ‘petty little thing’.
Mr McIntosh — I withdraw.
Ms ALLAN — Thank you. The difference between
1999-2002 and today is that the government is a
majority government, not a minority government. It has
the numbers on the floor of the Parliament. We
accepted the outcome of the election of last November.
It is just a damn shame for the state of Victoria that
members opposite have not done their job. They are not
doing the job they were elected to do. They have used
every opportunity to blame the opposition for their
failures — whether it be failing to deliver on projects or
failing to fund their commitments, they blame the
opposition for their failures. Once again when it comes
to procedures in this house we are seeing the
government once again trying to use the opposition as
an excuse.
Mr McIntosh — 2003.
Ms ALLAN — It was 1993. If the Leader of the
House checks the pairs book, as I did yesterday — —
I will tell the government one thing: we are not going to
play that game. We can see the government for what it
is. We can see that the government does not want to
carry out the job that it was elected to do.
Mr McIntosh interjected.
Sitting suspended 1.00 p.m. until 2.03 p.m.
Ms ALLAN — I said 1993. If the Leader of the
House would clean the wax out of his ears and stop
trying to bully those opposite he might hear the
contributions we are making.
Mr McIntosh — On a point of order, Acting
Speaker, the manager of opposition business is just
wasting the time of the house. It is utter drivel, and I ask
you to bring her back to the motion before the house.
The ACTING SPEAKER (Mr Morris) — Order!
There is no point of order.
Business interrupted pursuant to standing orders.
DISTINGUISHED VISITORS
The SPEAKER — Order! Before calling for
questions I would like to acknowledge in the gallery
today the Victorian Youth Week Ambassador, Laura
John. Welcome to you, and welcome to this house of
democracy here in Victoria. As a youth ambassador we
particularly welcome you here to the Parliament, and
we thank you.
13:02
QUESTIONS WITHOUT NOTICE
38
ASSEMBLY PROOF
I would also like to acknowledge in the gallery Don
Hayward, the former Minister for Education in the
Kennett government. It is great to see you here, Don.
Thank you, and feel welcome.
Ms Allan — On a point of order, Speaker, yesterday
I raised with you an incident that occurred in the
parliamentary precinct involving the member for
Tarneit and a government staff member. I requested
that you consider this matter and advise if you believed
the longstanding protocols and practices governing the
recording of members of Parliament needed to be
updated. In response you simply read into Hansard a
letter from the Premier’s chief of staff which conceded
that the issues I raised on the point of order were an
accurate account, but it then went on to make gratuitous
comments about my reasons for raising this matter.
I ask you whether the reading of this letter into Hansard
constitutes what you would describe as a completely
independent investigation into this matter, and I repeat
my request from yesterday that you advise the house, in
light of the incident involving the member for Tarneit,
whether you believe the longstanding protocols and
practices governing the recording of members of
Parliament need to be updated.
The SPEAKER — Order! Yesterday I made
inquiries, and I have made further inquiries since then.
There are no set protocols in place. I believe members
of Parliament have always been in a position where
they have used media people to record interviews with
the media. The matter was dealt with last night, and I
consider the matter dealt with properly.
Mr Hulls — On the point of order, Speaker, as you
would know, and as you have stated in this house on
many occasions, the role of an independent Speaker is
to act without fear or favour and to treat all sides
equally. To assert that your inquiry simply involves
quoting a political letter from the Premier’s chief of
staff is, I respectfully suggest, not an independent
inquiry. If you are asserting that it is, I suggest that you
perhaps re-read yesterday’s Hansard — your
contribution in Hansard and the issue raised by the
manager of opposition business — and then reconsider
whether you believe your response was an independent
response or a political response.
Mr Clark — On the point of order, Speaker, the
point made by the deputy leader of the opposition is a
gross misrepresentation of what occurred in the house
last night. As you undertook — —
Mr Andrews — You weren’t here!
Wednesday, 6 April 2011
Mr CLARK — I was in the house last night when
the Speaker reported on the matter, and I listened to the
numerous points of order that were raised at that time.
Speaker, as you indicated at that time, you have done
what you had undertaken to do, which was to make
inquiries. You have received an account of the matter in
response to various points of order that were raised on
that occasion. You indicated your conclusion on the
matters that had been raised. It seems to me that this
was in effect a matter of etiquette. It has been dealt with
on that basis, and you have fully discharged your
duties. These points of order are spurious in the extreme
and should not be taken further.
The SPEAKER — Order! I do not uphold the point
of order.
QUESTIONS WITHOUT NOTICE
Mr Finn (Western Metropolitan): comments
Ms GARRETT (Brunswick) — My question is to
the Premier. I refer the Premier to the Islamic Council
of Victoria’s submission to a federal parliamentary
inquiry, as reported in the Herald Sun of Monday, that
some Victorians of the Islamic faith are concerned
about racism, and I ask: does the Premier condone the
Facebook comments of Bernie Finn, a member for
Western Metropolitan Region in the Council, on this
matter? He stated:
I don’t understand how concerns about a religion that seems
to sanction decapitation can be construed as racism.
Honourable members interjecting.
The SPEAKER — Order! I will call the Premier
when I have some silence.
Mr BAILLIEU (Premier) — I am pleased to get a
question about multiculturalism, because
multiculturalism — —
Honourable members interjecting.
The SPEAKER — Order! The member for Lara!
Mr BAILLIEU — I am pleased to get a question
about multiculturalism, because multiculturalism in this
state has been important to the continuing development
of the state.
Honourable members interjecting.
The SPEAKER — Order! The Leader of the
Opposition!
13:10
QUESTIONS WITHOUT NOTICE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Mr BAILLIEU — We will stand up and defend
multiculturalism at every opportunity.
Honourable members interjecting.
The SPEAKER — Order! The member for
Footscray is on a warning.
Mr BAILLIEU — And there is a bipartisan
approach to multiculturalism. I have not seen the
comments to which the member refers.
Ms Garrett — On a point of order, Speaker, I am
more than happy — and seek to do so — to table the
documents to assist the Premier. If the Premier is
unable or unwilling to answer the question, we can
assist him with the information necessary.
The SPEAKER — Order! There is no point of
order.
Honourable members interjecting.
Mr BAILLIEU — Speaker, I am — —
The SPEAKER — Order! We do not need props. I
ask the Leader of the Opposition to put it down.
39
Honourable members interjecting.
Ms Allan — On a point of order, Speaker, just to
assist the opposition with this request that has been
made by the member for Brunswick, under standing
order 145 the member may seek leave to table a
document without giving prior notice. That is exactly
what the member for Brunswick was doing, and your
guidance on this matter would be appreciated.
The SPEAKER — Order! Documents are to be
tabled at the appropriate time, not during question time.
I ruled on that yesterday when the member for Bendigo
East asked to table a document.
Mr BAILLIEU — As I say, Speaker, I have not
seen the comments — —
Honourable members interjecting.
The SPEAKER — Order! The Leader of the
Opposition is on a warning.
Mr BAILLIEU — I have not seen the comments. I
would encourage all Victorians — —
Mr Andrews interjected.
Ms Garrett — On a point of order, Speaker, I have
sought to table the document which is pertinent to this
question, and I seek a ruling on it.
The SPEAKER — Order! The Leader of the
Opposition!
The SPEAKER — Order! There is no point of
order, and this is not the time to table documents.
Mr BAILLIEU — I would encourage all Victorians
to demonstrate tolerance, demonstrate their
commitment to multiculturalism — —
Honourable members interjecting.
The SPEAKER — Order! I have ruled on the point
of order. There is no point of order. This is not the time
to be tabling documents.
Ms Garrett — On a further point of order, Speaker,
this is a very important matter to everyone in Victoria. I
seek leave to table this document that shows that
members of this government — —
The SPEAKER — Order!
Ms Garrett — Members of this government are out
putting things on their Facebook — —
The SPEAKER — Order! I will not tolerate such
behaviour in the chamber. When I call for order, that is
what I want from the member for Brunswick. The
member has raised her point of order and I have ruled
against the point of order. If the member wants to table
a document, she should do it when it is meant to be
tabled.
Ms Garrett — On a point of order, Speaker, the
Premier may not have seen the comments and he may
be unwilling to read them now, but he heard them, and I
ask that he come back to the question and answer the
question that was asked, which was: what is his
position on the comments made by someone in his own
government team?
The SPEAKER — Order! I do not uphold the point
of order. The Premier’s answer was relevant to the
question that was asked.
Mr BAILLIEU — I suspect that opposition
members are not interested in an answer. They are
interested in the question, not the answer. I would
encourage all Victorians to demonstrate their tolerance
and demonstrate their commitment to multiculturalism.
Honourable members interjecting.
The SPEAKER — Order! The member for Melton!
QUESTIONS WITHOUT NOTICE
40
ASSEMBLY PROOF
Mr Hulls — On a point of order, Speaker, the
Premier is clearly debating the question. The point of
order is quite simple. The question was: does the
Premier support the dog-whistling policies of
Mr Bernie Finn or not? Yes or no?
Honourable members interjecting.
Dr Napthine — On a point of order, Speaker, what
we have seen from the opposition is an orchestrated
pattern of behaviour which has clearly demonstrated its
lack of commitment to democracy, lack of commitment
to a fair go and lack of commitment to getting an
answer to the question
The SPEAKER — Order! What is the member’s
point of order?
Dr Napthine —. The Premier was being relevant to
the question. He has hardly had an opportunity to
answer the question, and I ask you to allow the Premier
to answer the question without being continually
interrupted by this antidemocratic mob over the other
side.
Honourable members interjecting.
The SPEAKER — Order! I do not uphold the point
of order of the Minister for Ports.
14:15
Ms Garrett — On the point of order, Speaker, given
that we are at the heart of democracy in this chamber, I
ask that the Premier answer the question he has been
asked — that is, does he condone the comment?
The SPEAKER — Order! There is no point of
order. I had ruled on the point of order. I do not uphold
the point of order. The Premier’s response has been
relevant to the question that was asked.
Mr BAILLIEU — I say again that I would
encourage all Victorians to demonstrate tolerance,
common sense and sensitivity in dealing with
multiculturalism and the related issues.
Multiculturalism has been good for this state, and we
stand by it.
Wednesday, 6 April 2011
Mr BAILLIEU (Premier) — As members would
know, the commonwealth, through the grants
commission, has recently cut $2.5 billion from
Victoria’s GST revenues over the next few years. In
response to the serious impact that this will have on the
state’s budget position and Victorian families, the
Victorian Treasurer wrote to the federal Treasurer and
pointed out the flaws in the system which was used to
make the decision about the $2.5 billion cut. The Prime
Minister recognised the logic of the Treasurer’s
argument and has called for a review of the system. In
doing so the Prime Minister has indicated that the
system is flawed, but that is the system that is being
used to take $2.5 billion out of Victoria’s revenues.
That will have a significant effect on Victorian families.
We have sought to have representation of Victoria’s
interests by the Treasurer at the ministerial council
meeting tomorrow.
Honourable members interjecting.
The SPEAKER — Order! The Leader of the
Opposition!
Mr BAILLIEU — We wrote to the opposition last
week seeking a pair for the Treasurer. I am sorry to say
that that request was declined.
Honourable members interjecting.
The SPEAKER — Order! The member for Melton
is on a warning.
Mr BAILLIEU — Today I again wrote in good
faith to the Leader of the Opposition seeking a
reconsideration of his position; he wrote back to me this
morning, and he has again declined to reconsider. He
has acknowledged that the opposition is prepared to
give a pair in the other house, but it will not give a pair
for the Treasurer in this house. Accordingly we are
taking steps to make provisions — —
Honourable members interjecting.
The SPEAKER — Order! I do not want to have to
warn the Leader of the Opposition again.
Taxation: GST revenue
Ms MILLER (Bentleigh) — My question is to the
Premier. Can he inform the house of progress to ensure
that Victoria is properly represented tomorrow at the
meeting of the Ministerial Council for Federal Financial
Relations in Canberra so that the very best case to
reverse the $2.5 billion cut to our state’s GST revenue
can be put forward?
Mr BAILLIEU — We are in the process of taking
steps to facilitate the Treasurer’s visit if that remains
possible. What we have learned in the last few sitting
weeks of Parliament is that some members of this
chamber are prepared to obstruct, undermine, disrupt,
quibble and do anything they possibly can to hobble the
operations of the Parliament. That is fine; some people
can do that.
QUESTIONS WITHOUT NOTICE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Honourable members interjecting.
41
Honourable members interjecting.
The SPEAKER — Order! The member for Narre
Warren North!
The SPEAKER — Order! The Leader of the
Opposition!
Mr BAILLIEU — It is childish, but they have the
right to do it. They will be judged accordingly.
However, some members of this chamber have
remained absolutely silent about the $2.5 billion cut to
Victoria’s revenues. Some members are actually
cheering from the sidelines, saying, ‘Take more!’ and
inviting the commonwealth to take more. Some people
are urging the commonwealth — —
Mr BAILLIEU — They wish to satisfy their
objective to disrupt and hobble the Victorian economy
and to make it harder for Victorian families. In the reply
I got from the Leader of the Opposition there is not one
mention of the $2.5 billion cut, there is no
acknowledgement of how inappropriate it is and there
is no acknowledgement of the flaw in the system.
Opposition members do not care.
The SPEAKER — Order! Stop the clock.
Ms Allan — On a point of order, Speaker, I refer to
Rulings from the Chair, November 2010, page 158,
where the issue of opposition policy is mentioned, and
it says: ‘A minister should not be invited to comment
on opposition policy’. The Premier is clearly not
addressing matters of government administration. The
government decided two days ago to send the Treasurer
to the ministerial council. It has nothing to do with the
opposition. It is entirely a matter for the government. I
would suggest that the Premier is out of order in
answering this question.
The SPEAKER — Order! There is no point of
order.
Mr BAILLIEU — As I was saying, some members
of this chamber are actually hoping for a deeper cut.
They want Victorian families to lose — —
The SPEAKER — Order! Stop the clock.
Mr Foley — On a point of order, Speaker, the
member for Bentleigh’s question was about Victoria
being adequately represented. I do not think the Premier
is answering the question in an appropriate manner in
that if Victoria were to be adequately represented, the
last person you would send would be the Treasurer! So
I would ask that — —
The SPEAKER — Order! There is no point of
order.
Community services: critical incident reports
Mr ANDREWS (Leader of the Opposition) — My
question is to the Minister for Community Services. I
ask the minister: how many category 1 critical incident
reports has she read and noted since becoming Minister
for Community Services?
Honourable members interjecting.
The SPEAKER — Order! The Leader of the
Opposition has asked his question.
Ms WOOLDRIDGE (Minister for Community
Services) — I thank the Leader of the Opposition for
his question. Category 1 incidents are traumatic,
heartbreaking and incredibly disappointing when they
occur. They include incidents of self-harm, allegations
of sexual assault, harm from alcohol and drugs,
accidents — all types of incidents are reported. I can
assure the house that all category 1 reports received by
my office have been read and dealt with absolutely
appropriately. The reports have been read — —
Honourable members interjecting.
The SPEAKER — Order! Members will hear the
answer if we can get some quiet.
Ms WOOLDRIDGE — The reports have been read
and acted upon by my office. It is clear that the
response of the department and the response of the
police are appropriate. My office is satisfied — —
The SPEAKER — Order! I do not uphold the point
of order. It was a frivolous point of order.
Mr Andrews — On a point of order, Speaker, in
relation to relevance, the question was about reports the
minister has read. The question did not relate to her
staff or her office; it was about how many reports she
has read. It is a very simple question indeed. How many
reports has she, not her staff, read?
Mr BAILLIEU — Some people in this chamber are
looking for a greater cut, and I ask: why would some
people do that?
Mr Ryan — On the point of order, Speaker, this
point of order should be ruled out of order. The simple
fact is that this is another aspect of a pattern of
Mr BAILLIEU — On the point of order, Speaker, I
think we have just seen a demonstration of the absolute
epitome of this opposition’s capacity to disrupt.
14:22
QUESTIONS WITHOUT NOTICE
42
ASSEMBLY PROOF
behaviour adopted by the opposition and led by the
Leader of the Opposition which is intended to achieve
the situation of questions being repeated without the
minister, who is the subject of those questions, having a
proper opportunity to answer those questions in a
respectful manner. I ask you, Speaker, to rule this point
of order out of order.
The SPEAKER — Order! I do rule the point of
order out of order. The minister was being relevant. It
was a question in regard to category 1 reports, and she
was answering in regard to category 1 reports.
Ms WOOLDRIDGE — Where it is clear that the
response of the department and the response of the
police are appropriate and that all appropriate actions
have been taken in relation to the child, the staff and the
investigations, I do not intervene. When I do intervene
is when it is needed to ensure the safety of the child and
to make sure that appropriate investigations are
conducted. Having been satisfied that the child is safe,
my focus is then on where the failures have occurred. I
ask whether we have failed to respond to the incident,
whether there is a failure in terms of the process,
whether there is a failure of response in the system or
whether there is a failure in the policy. That is when I
intervene to make sure that our response to the incident
is appropriate and the child is safe. That is what I will
continue to do — —
Mr Merlino interjected.
The SPEAKER — Order! The member for
Monbulk!
Ms WOOLDRIDGE — That is what I will
continue to do because of the many hundreds of
incidents that are the result of the failure over 11 years
of Labor to protect children who are vulnerable in this
state.
Ms Green interjected.
The SPEAKER — Order! The member for Yan
Yean is holding up question time.
Auditor-General: Facilitating Renewable
Energy Development
Dr SYKES (Benalla) — My question is to the
Minister for Energy and Resources. Will the minister
advise the house of the findings of the Auditor-General
concerning the former Labor government’s renewable
energy programs and the consequences of those
findings for current government policy?
Ms Green interjected.
Wednesday, 6 April 2011
The SPEAKER — Order! The member for Yan
Yean is on a warning.
Ms Green interjected.
The SPEAKER — Order! I will not ask the
member for Yan Yean again.
Mr O’BRIEN (Minister for Energy and
Resources) — Members would be familiar with the fact
that the Auditor-General’s report on facilitating
renewable energy development was tabled in the house
this morning.
Ms Green interjected.
The SPEAKER — Order! The member for Yan
Yean is on her second warning.
Mr O’BRIEN — I am afraid I have to report to the
house that this Auditor-General’s report has blown the
whistle on the former Labor government’s dishonesty
and incompetence when it comes to renewable energy
policy. There is no doubt this report shows that Labor
has failed the environment and failed Victorian
families.
There is one absolutely crystal-clear finding, but I will
give the house some history first. In July 2010 the
former Labor government announced it was
introducing a large-scale solar feed-in tariff, which is
essentially a way of saying that large-scale solar
generators will get paid a premium price for the energy
they produce. At the time there were a lot of questions
about how much of an impact that would have on the
electricity bills of Victorian families. The Premier of
the day could not have been clearer. In an interview that
he gave to the Climate Spectator publication he said:
So it is the feed-in tariff that would provide the necessary
financial support for those projects. You saw the numbers we
ran out, starting at $5 a household, building to $15 …
The former government was absolutely clear: this
large-scale solar feed-in tariff would cost Victorian
households between $5 and $15 a year. What did the
Auditor-General find? The Auditor-General found
when examining this scheme that:
This represents an increase in average annual household
electricity bills of $23 to $47 each year over the lifetime of
the scheme.
The claim from Labor was that the increase would be
between $5 and $15, but the Auditor-General found it
would be between $23 and $47. Those figures were
known by the government of the day. This did not
involve the then Premier going off on a frolic of his
own; this was a matter that the government knew about.
QUESTIONS WITHOUT NOTICE
Wednesday, 6 April 2011
ASSEMBLY PROOF
The government knew about those figures, and it stood
by mute while the former Premier peddled to Victorian
families a lie about the impact of Labor policies on the
cost of their power bills. Members opposite are
accessories before and after the fact. It is absolutely
disgraceful.
Let us look at the targets the former government set for
renewable energy. What did the Auditor-General find?
He found that instead of Victoria’s share of renewable
energy increasing by 6 per cent it had increased by just
0.3 per cent over seven years. In seven years all the
government could come up with was a 0.3 per cent
increase. It is no wonder that the Auditor-General found
that ‘Using targets to facilitate the development of
renewable energy has not been effective’.
The Auditor-General went further. This might be of
interest to members opposite. He referred to the flaws,
the lack of planning, the lack of business cases and the
absolute failure of the former government to do its
homework, and then he said:
The same issue was raised in our November 2009 report,
Towards a ‘Smart Grid’ — the Roll-out of Advanced
Metering Infrastructure …
The party that gave us the smart meters has done the
same thing to solar energy. It has jacked up power bills,
it has failed on wind, it has failed on solar, it has failed
on the cost of living, it has failed on the environment
and it has failed Victorian families.
Community services: critical incident reports
Mr DONNELLAN (Narre Warren North) — My
question is for the Minister for Community Services. I
refer the minister to her answer yesterday when she
rejected the assertion that she had directed the
department not to send her briefs and to the subsequent
admission in the Age this morning that this had indeed
occurred, and I ask: at what point after question time
did the minister remember this directive had been
issued?
Ms WOOLDRIDGE (Minister for Community
Services) — I thank the member for his question. As a
minister it is perfectly reasonable to help to refine and
improve the briefing and advice — —
43
terms of its quality, its content and its timeliness. What
we want is a closer relationship with departmental
officers so they can pick up the phone and talk to us
about what they are briefing on, what the advice is and
what we are thinking in relation to that. That is the
process that we are developing to improve our advice
and my decision making — —
Mr Madden interjected.
The SPEAKER — Order! The member for
Essendon is on a warning.
Ms WOOLDRIDGE — That is the process we are
developing to improve my advice and the decision
making in relation to vulnerable Victorians, which is
where our focus and priority is. I was involved in
determining that we needed to improve the advice that I
was — —
Mr Madden interjected.
The SPEAKER — Order! The member for
Essendon!
Ms WOOLDRIDGE — Of course I was involved
in determining that we need better, more timely, more
relevant and more engaged advice from my department.
I did not draft the email and I was not copied into the
email, but there is a system in place to improve the
advice we receive so that we can make better decisions
for vulnerable young people — in contrast to the last
11 years under the government of those opposite.
Ms Allan — On a point of order, Speaker — and I
waited an appropriate period of time before raising this
point of order — the minister was not answering the
question she was asked, which was: at what point
during yesterday afternoon did she realise that she had
instructed her department that she did not want to know
about vulnerable children?
The SPEAKER — Order! The minister had
concluded her answer. There is no point of order.
Police: election commitment
The SPEAKER — Order! The minister will be
heard in silence.
Mr SHAW (Frankston) — My question is to the
Deputy Premier, who is also the Minister for Police and
Emergency Services. Will the minister inform the
house of the government’s commitment to deliver
1700 new police officers to protect Victorian families
and make our streets safe again?
Ms WOOLDRIDGE — It is perfectly reasonable
as a minister to want to reform the advice that is
provided to my office and to me and to improve it in
Mr RYAN (Minister for Police and Emergency
Services) — I thank the member for Frankston for his
very good question. As a government, we are
Honourable members interjecting.
14:32
QUESTIONS WITHOUT NOTICE
44
ASSEMBLY PROOF
proceeding with the commitment we made to the
Victorian public that we will provide 1700 front-line
operational police by the time our first term concludes.
This is necessary because we need to address the
chronic shortage of police officers in Victoria,
particularly as a result of the policies of the former
failed Labor government. As has been announced this
week, another 600 police will be out there on the front
line by 30 June; 450 of them having graduated from the
academy and 150 of them having been redeployed from
other duties. We are pleased and proud to announce that
we will have these additional 600 police officers out
there.
It is very important that the house appreciate that the
distribution of the police and their allocation to police
stations around Victoria is done using Victoria Police’s
demand-based model. The Chief Commissioner of
Police makes the decisions about where these police are
allocated to. We are delighted to see that that
decision-making process has resulted in great outcomes
for the respective communities of so many members of
this house.
I know that the member for Frankston will be delighted
that 35 additional police officers are going to be
allocated to the police station in Frankston by 30 June.
But it does not stop there; there is more good news.
Ballarat will get 24 additional police; Bendigo, 12;
Mildura, 14; Latrobe, 16; Brimbank, 24;
Melbourne, 21; Shepparton, 11; Hume, 18 — and on
the list goes. These police officers will be located
throughout Victoria not only at police stations but also
on our transport system. There are many
programs — —
The SPEAKER — Order! Stop the clock.
Mr Eren — On a point of order, Speaker, the
minister has been talking for some 3 minutes now, and
he has indicated that there will be an extra 1700 police
officers. I ask him: when are the 70 extra police officers
coming to Geelong, because we have only got 8 so far?
The SPEAKER — Order! There is no point of
order. The member for Lara can ask a question later.
Mr RYAN — These extra police officers being
available helps with the transport system, as I said to
the house yesterday. Operation Barracuda, which is
very important, operates during the day, and it is
important to support that program. Then there is
Operation Trojan, which can operate at any hour of the
day or night. There is also Operation Omni, which has
recently been very successful in picking up people who
choose to go onto railway stations armed with a
Wednesday, 6 April 2011
weapon of some sort. There is the new transit force,
which is a group of about 25 police officers who are
available day and night to go to those trouble spots in
our transport system where that assistance might be
needed.
Mr Andrews interjected.
The SPEAKER — Order! The Leader of the
Opposition!
Mr RYAN — This means that there is a variety of
mechanisms available to police to help them assist the
travelling public of Victoria, which I am sure
everybody in the house well understands is necessary.
In addition to all of this, we are going to have more
police officers being rolled out over the course of the
balance of our period of government. We need to do
that because under the former government’s policies
Victoria had sunk to the stage where the then
government was spending less per capita on front-line
operational police than any other state in the nation. We
had fewer front-line operational police per capita in
Victoria than any other state in the nation.
It is an appalling legacy. When we released our
proposal to fix this it was called magic pudding
economics — that is what the former Attorney-General
called it — but the former government then made poor
efforts to try to match what we said we would do. We
have undertaken to provide 1700 police, and we will do
that.
Community services: critical incident reports
Mr ANDREWS (Leader of the Opposition) — My
question is again to the Minister for Community
Services, and I ask: how is the minister’s directive not
to receive category 2 child protection incident reports,
which include serious threats made against clients or
staff and client behaviour that could result in potential
risk to others, consistent with her claim yesterday when
she said, ‘We know what is going on’.
Ms WOOLDRIDGE (Minister for Community
Services) — I thank the Leader of the Opposition once
again. There was no directive not to receive category 2
incident reports. Every matter that needs to be brought
to the attention of my office and myself — —
Mr Wynne interjected.
The SPEAKER — Order! The member for
Richmond is on a warning.
Ms WOOLDRIDGE — Every single matter that
needed to be brought to the attention of my office and
QUESTIONS WITHOUT NOTICE
Wednesday, 6 April 2011
ASSEMBLY PROOF
myself, both incident reports and briefings, was
provided to the office, and that is very clear. There has
never been a precedent for category 2 incident reports
to be provided as a matter of course either under the
former government or under this government.
Certainly — —
Mr Andrews interjected.
The SPEAKER — Order! The Leader of the
Opposition has asked his question. If he wants to ask
another question, he can get up and do so afterwards.
Ms WOOLDRIDGE — My advice is that we are
getting information about all serious matters that need
to be brought to our attention. That is my advice in
relation to what has happened in the past and also what
is happening now — —
Ms Allan interjected.
The SPEAKER — Order! The member for
Bendigo East’s constant chatter across the table is not
good, and I would like it to stop.
14:40
Ms WOOLDRIDGE — We will continue to focus
on the safety and protection of vulnerable children as
the priority and to reform a system that has been left in
crisis by the Labor government.
Rail: Lynbrook and Cardinia Road stations
45
signalling to run the trains with, a project that was to be
built without enough money to purchase the land on
which the rail line was going to run, a project that had
no funding for the trains to run on the line. The former
Labor government’s members brought the cart but they
left the horse behind.
It gets worse than that. Each and every rail project you
look at that involved the former Labor government has
the same scenario. You can look at Laverton; an
ambulance trolley could not fit in the lift, and when the
lifts break down taxis turn up to take commuters to the
other side of the station. You could look at Wodonga,
where security guards have been employed to guard the
station because the former Labor government failed to
oversee our investment in the Albury-Wodonga–
Melbourne rail project.
When you think it could not get any worse, you find out
it has got worse. I have advice from my department that
in relation to the Cardinia Road and Lynbrook stations,
which were to be opened in late 2011, there is a further
problem. These projects, once again, were not scoped
properly by the former Labor government.
Ms Richardson — On a point of order, Speaker, I
ask that the minister table the advice he is reading from.
The SPEAKER — Order! Is the minister reading
from advice? He is not reading from advice, so it
cannot be tabled.
Mr BATTIN (Gembrook) — My question is to the
Minister for Public Transport. Can the minister advise
the house of any cost blow-outs he has identified as a
result of the previous government’s failure to properly
provide essential infrastructure for the new Lynbrook
and Cardinia Road stations on the
Cranbourne-Pakenham line?
The SPEAKER — Order! Was the minister
reading?
An honourable member — Have you got your
notes, Terry?
The SPEAKER — Order! There is no point of
order.
Mr MULDER (Minister for Public Transport) —
I’ve got my notes. Can I read again?
Mr MULDER — I am more than happy to give a
run-down on the advice that I have received.
The SPEAKER — Order! I ask the minister to
ignore interjections.
The SPEAKER — Order! I would ask the minister
to return to answering the question.
Mr MULDER — I thank the member for
Gembrook for his question and his great interest in
public transport. You would not get any clearer
example than what unfolded this week in front of the
Victorian public in terms of a former Labor
government’s incompetence in being able to present or
produce a rail project for Victoria on budget and on
time. The regional rail link project was a $1 billion-plus
black hole — a project that was to be built without
Mr MULDER — I will give it to you right
now — —
Honourable members interjecting.
Mr MULDER — I am not reading from advice,
Speaker. It is advice I have received in relation to this.
The SPEAKER — Order! I will sit the minister
down. I ask the minister not to argue across the table, to
ignore interjections and to answer the question.
QUESTIONS WITHOUT NOTICE
46
ASSEMBLY PROOF
Mr MULDER — The problem with both the
Cardinia Road and Lynbrook stations is that there is not
enough overhead power to run the trains.
Honourable members interjecting.
Mr MULDER — There is not enough power to run
the trains! There was not enough spark put into the
project when the former Labor government decided to
proceed with it. What the advice is saying is that
Lynbrook station trains could only operate under
restrictions and Cardinia Road would be jeopardised
because there would be no redundancy remaining in the
system. At the end of 2011 we will have two railway
stations completed and ready to open but not enough
power to run the trains with.
Once again we will be in the position we have been in
up at Wodonga, where there are security fences and
security guards while a power upgrade is carried out. I
am advised that the power upgrade could take
somewhere up to a further six months, so it will not be
completed until about the middle of 2012. We have this
yet again. This was a smaller project, a simple project
where you would have thought, no. 1, that trains need
power — unless of course we were going to get back to
the water tower and the coke shovel. Was that the
former government’s idea with this particular project?
It is an absolute debacle. Each and every railway
project I look at, each and every project that the former
government had its fingerprints on turns out to be
exactly the same. In terms of handling, scoping, costing
and delivering projects, the former Labor government
was absolutely hopeless.
Children: protection
Mr ANDREWS (Leader of the Opposition) — My
question is to the Minister for Community Services,
and I refer the minister to comments by her in this
place, and I quote, ‘We are committed to … greater
transparency and accountability’. I ask: how is directing
her department not to send her briefs and then refusing
to read the ones she gets consistent with providing
greater transparency and accountability?
Ms WOOLDRIDGE (Minister for Community
Services) — I thank the Leader of the Opposition for
his question. I am very pleased to provide more
transparency in relation to child protection. Let us be
transparent about the situation that is facing us: huge
numbers of children without allocated caseworkers,
hundreds of category 1 incidents, thousands of
category 2 incidents just in three short months as a
result of the failure in the system Labor has managed
for 11 years, massive turnover — —
Wednesday, 6 April 2011
Mr Andrews — On a point of order, Speaker, on
the issue of relevance, the question was about the
minister’s processes in her office and her commitment
to transparency. She is happy to talk about 300 critical
incident reports, but for two days running will not tell
us how many she has read. It is a simple question about
her own office and one she ought to answer. It was
much easier for her to ask questions, it seems, than it is
for her to answer them.
The SPEAKER — Order! There is no point of
order. The minister was being relevant to the question
that was asked.
Ms WOOLDRIDGE — It is clear that the
opposition does not like — —
An honourable member interjected.
The SPEAKER — Order! The member for Yan
Yean!
Ms WOOLDRIDGE — The opposition does not
like the transparency that shines the light on the mess
its members left — —
Mr Wynne interjected.
The SPEAKER — Order! The member for
Richmond! The member is on his second warning.
Ms WOOLDRIDGE — It shines the light on the
failure and the crisis in child protection that opposition
members left after 11 years of neglect. Foster carers
were leaving in droves.
We had front-line child protection workers leaving at
massive rates all because of the system. The former
government had 4000 days to run a child protection
system, and frankly, we are not going to fix this in
4 days or 4 weeks or 4 months; it is going to take a long
time. But we are there for the long haul — —
Ms Green interjected.
Questions interrupted.
SUSPENSION OF MEMBER
Member for Yan Yean
The SPEAKER — Order! The member for Yan
Yean has had her third warning. Under standing
order 124 I ask the member to leave the chamber for
11/2 hours.
14:47
QUESTIONS WITHOUT NOTICE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Honourable member for Yan Yean withdrew from
chamber.
QUESTIONS WITHOUT NOTICE
Children: protection
Questions resumed.
Ms WOOLDRIDGE (Minister for Community
Services) — We are here for the long haul for children
who have been neglected and abused. We are not going
to give up on them as the previous government did. We
are going to make sure they are safe, we are going to
make sure we have a system and policies in place and
we are going to make sure that we have the
transparency to shine the light on what was left by the
previous failed Labor government.
Rock Eisteddfod Challenge: funding
Ms McLEISH (Seymour) — My question is to the
Minister for Youth Affairs. Will the minister provide an
update on the government’s promise to provide funding
for the Rock Eisteddfod Challenge?
Mr R. SMITH (Minister for Youth Affairs) — I
thank the member for Seymour for her question and for
her interest in youth affairs. In the middle of National
Youth Week I am absolutely delighted to announce
funding of $200 000 towards the staging of this year’s
Rock Eisteddfod Challenge, an event which
encompasses so many of the values and aims of
National Youth Week. This first instalment of $200 000
is just part of the $800 000 that the coalition
government has committed to the challenge over the
course of its first term.
The Baillieu government is absolutely committed to
making sure that young people have access to the
opportunities that encourage healthy and active
involvement in recreation and the performing arts.
These opportunities are why we are sponsoring the
Rock Eisteddfod Challenge Foundation to deliver this
very important secondary school-based event. The
Rock Eisteddfod Challenge is much more than just
getting up on a stage to perform. It is about getting
physically active, it is about making friends and it is
about having fun. In short, it is a great event. It is an
event that is embraced by many in the Victorian
community. That is why it was so surprising that the
former government refused to step up and fund this
event last year. It was a real — —
Ms Allan — On a point of order, Speaker, the
minister is breaking two standing orders. He is debating
47
the question and he is going down the path of
misleading the house — and he is reading from his
notes — because the former government did indeed
support the Rock Eisteddfod organisation.
The SPEAKER — Order! There is no point of
order.
Ms Allan — Further on the point of order,
Speaker — —
The SPEAKER — Order! Which point of order?
The first one or the second one?
Ms Allan — On a further point of order, Speaker,
you cannot deny that the minister was debating the
matter. He was referring to the previous
government — —
The SPEAKER — Order! There is no point of
order. The minister was being relevant to the question
that was asked regarding funding for the Rock
Eisteddfod.
Mr Andrews — Speaker, I raise a point of order not
on whether the minister’s answer is relevant to the
question but on whether he is debating the issue — and
he is clearly debating the issue. I am not challenging
whether it is relevant to the question, but it is clearly
debating the issue. That is not permitted under the
standing orders or by numerous rulings in the last
150 years.
The SPEAKER — Order! I do not uphold the point
of order. If I considered the minister was debating the
issue, I would have asked him to stop debating it.
Mr R. SMITH — I can see why the opposition is
embarrassed after it kicked Victorian students in the
teeth last year. After the former government — —
Mr Andrews — On a point of order, Speaker, I put
it to you respectfully that to refer to the opposition is
debating the issue. It may be relevant, or the minister
may see it as relevant, to the question he was asked. He
is a minister and he ought be answering about
government business and not attacking anyone else in
the chamber or previous governments. He is clearly
debating the issue, and I ask you — as you just
indicated — to pull him up for clearly debating the
issue.
The SPEAKER — Order! I do not uphold
Mr R. SMITH — As a precursor to this funding
announcement I have to acknowledge the Minister for
Veterans’ Affairs when he was the shadow minister for
BUSINESS OF THE HOUSE
48
ASSEMBLY PROOF
youth affairs for stepping up and encouraging the then
opposition to commit this funding. I am very pleased to
be able to fulfil the announcement that we made before
the election and to be able to come into this chamber to
announce funding for this great event.
I am absolutely delighted that students, teachers and
parents will once again have the opportunity to come
together to put on such an amazing event. They will be
able to showcase their talents and to show Victoria why
we can be proud of our students. My message to all
students during National Youth Week, and to all the
students participating in this great event, is to get up
there and have some fun. I look forward to the
opportunity of looking at some of the performances in
the future.
BUSINESS OF THE HOUSE
Sessional orders
Debate resumed.
Ms ALLAN (Bendigo East) — Before the lunch
break we were debating the changes to the sessional
orders that have been introduced by the government. I
was reminding the Parliament of the situation between
1999 and 2002 when the then Labor government was a
minority government and the then Liberal-Nationals
coalition opposition refused to provide a pairing
arrangement for ministers to attend ministerial council
meetings.
What we have seen repeatedly is a lot of bluff and
bluster from those opposite over the true nature of this
debate. The opposition is not the story here. The
decision-making processes of the government are not a
matter for the opposition to determine. In question time
we have just seen that once again this government is
failing to do its job in governing for Victorians. It
prefers to attack the opposition. We saw the Premier
make a hysterical attack on the opposition. He was very
happy to devote enormous amounts of energy to
hysteria on attacking the opposition over this issue but
not when it came to the issue of refuting one of his
colleagues, a member for Western Metropolitan Region
in another place, and the comments made by the
member for Brunswick during question time. Did the
Premier show the same passion and commitment to
slap down those comments? No, he did not.
But we saw plenty of passion from the Premier when it
came to attacking the opposition, and I think that says it
all about this government. It spends a lot of its time and
energy attacking the opposition and thinking up new
Wednesday, 6 April 2011
and different ways to blame the opposition for the
government’s inability to deliver on its election
commitments. It spends its question time talking about
opposition policy and talking about opposition
commitments rather than government business. Really
that is the great failure of this government — —
Mrs Bauer interjected.
The SPEAKER — Order! The member for Carrum
will desist!
Ms ALLAN — The government needs to recognise
that it has a job, and that is about governing.
Changing the sessional orders to make sure that the
Parliament behaves itself tomorrow and changing the
government business program to minimise the issues
around tomorrow is not governing. We just want the
government to get on with its job and stop blaming the
opposition for its failures and problems. As I said
earlier, there are parts of this motion around the
sessional orders that the opposition would be
comfortable with. That goes to the issue where there is
a conflict between the government business program
and the adjournment, which is dealt with in
paragraphs (3)(a) and (b) of the sessional order
proposed by the government’s motion. If the
government was happy to consult with the opposition,
we would be willing to work towards putting that
change to the sessional orders through the Parliament.
However, we have an issue with paragraph (1)(b) of the
proposed sessional order. The issue of consultation is
an interesting one, because this motion and the one
moved before it regarding the changing of the orders of
the day to accommodate the Multicultural Victoria Bill
2011 were both introduced to the Parliament. The
government has every right to introduce this notice of
motion into the Parliament; however, it would have
been appropriate, it would have helped the smooth
operation of this Parliament and it would have been
courteous of the government to give a bit of notice of its
intentions to those across the chamber. Even 5 minutes
notice would have been nice just to give a bit of a
heads-up and say, ‘We’re proposing these changes.
We’re going to put these up in a moment, and we just
wanted to let you know’. It is just a small courtesy, but
it is a way in which, when we have a Parliament — —
Ms Miller interjected.
The SPEAKER — Order! The member for
Bentleigh! The four members on the back bench are
making a lot of noise. I ask them to desist.
14:57
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Ms ALLAN — It appears that the Leader of the
House is confirming that his behaviour and the
behaviour of the government is retribution for
perceived sins that were committed against them in a
previous lifetime. We are not into that. We want to see
the smooth operation of the Parliament; that is why we
seek cooperation.
Honourable members interjecting.
Ms ALLAN — I hope that was not a rolling of the
eyes, Speaker.
The SPEAKER — Order! The member is reflecting
on me, and I ask her to apologise.
An honourable member interjected.
The SPEAKER — Order! The member knows
what she is saying.
Ms ALLAN — I apologise, Speaker, and I hope that
what I claimed was not correct.
As I said, I would hope that there would be an
opportunity — —
Mr McIntosh interjected.
Ms ALLAN — You can roll them as much as you
like. You can do it as much as you like!
The SPEAKER — Order! The member should
ignore interjections from across the table.
Ms ALLAN — It would be an opportunity now for
the government to perhaps draw a line in the sand, to
reach out to the opposition and say, ‘Let’s have some
cooperation and consultation on the operation of this
Parliament. Let’s have some discussion about how
Parliament operates’. If we want this Parliament to
operate smoothly and see legislation go through
appropriately, then let us have some appropriate
consultation and cooperation on the way through. We
are up for that dialogue; we are up for that arrangement.
Honourable members interjecting.
Mr McIntosh interjected.
The SPEAKER — Order! I ask the Leader of the
House to stop interjecting.
Ms ALLAN — Unfortunately, though, it appears
from the behaviour of those opposite that that courtesy
is not going to be extended. So be it. That is the
government’s decision, just as it is the government’s
decision to send the Treasurer to the ministerial council
49
meeting. It appears that it has done that. The game is
over. The fun is over, guys. You have got to get back to
operating like a government.
Mr WALSH (Minister for Agriculture and Food
Security) — I rise to support the motion by the Leader
of the House on changes to the orders of the day.
An honourable member — Sensible.
Mr WALSH — Very sensible; and I congratulate
the Leader of the House on the good job he is doing in
managing the affairs of the house.
It is interesting to follow the member for Bendigo East.
While I listened to the 20-minute contribution to the
debate by the member I thought of the very old saying
that if you have got nothing to say, you should just
revert to personal abuse. All we have done is listen to
20 minutes of criticism of the government of the day.
Honourable members interjecting.
Mr WALSH — It was personal abuse; it was
personalised around particular people. All I can say is
that opposition members, particularly the member for
Bendigo East, are obviously such precious petals that
they do not want to engage in the proper process.
The member for Bendigo East is very good at rewriting
the history of the last 11 years. If we think back on how
this chamber has operated over that period, we can see
that this motion by the Leader of House is to put in
place some sensible sessional orders to make sure the
house runs in an organised and proper fashion.
The member for Bendigo East in her wide-ranging
contribution to the debate talked about issues that
occurred between 1999 and 2000 and the fact that the
then government believed it was a minority
government. I think anyone from country Victoria
would know that the former government was never a
minority government. They would recall that these
three so-called Independents who were members of the
house at that stage were not independent. We also saw
how they acted at the time they were in this Parliament.
They were never Independents representing country
Victoria; they were creatures of the Labor Party. They
proved that in the way they voted all the time. It was
very pleasing at the 2010 election to see the last of the
Independent members leave this chamber and to
welcome Tim Bull as the new member for Gippsland
East.
Those three Independent members never acted
independently in this house. They were effectively part
of the Labor Party for all the time they were here. The
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50
ASSEMBLY PROOF
member for Bendigo East was trying to rewrite history
in saying that the government between 1999 and 2000
was a minority government — it had the support of the
three Labor Independents.
The changes that are being proposed by the Leader of
the House are about putting in place some sensible
operating rules. In particular the Treasurer can now
represent us in Canberra. He can stand up and get a fair
go for Victorian families.
An honourable member interjected.
Mr WALSH — I know it is unruly to respond to
interjections, but I think the Treasurer will do a very
good job on Victoria’s behalf. I think we are sending a
very strong advocate to the ministerial council meeting
on our behalf who will make sure we get a good
outcome for Victorian families.
If you look at what the other states are doing, you see
that the parliaments of Tasmania, West Australia and
South Australia are allowing pairing. Their houses are
sitting; they are allowing pairing so that their Treasurers
can attend the discussion in Canberra.
15:05
The debate over the last two days about whether the
opposition will allow a pairing for the Treasurer has
been because opposition members are Labor Party first,
Labor Party second, Labor Party third and Victorians
last. They do not care about Victorian families. They
will stand condemned for their rhetoric over the last
few days. This just reinforces the fact that Victorians
got it right last November when they voted for the
change of government.
Mr HOLDING (Lyndhurst) — This debate is
essentially about two things. Firstly, it is about a change
to the sessional orders. Members of the opposition
have, through the member for Bendigo East, made it
clear that we do not support one of the key changes to
sessional orders that is being proposed by members of
the government this afternoon. Secondly, it is
something of a proxy debate about the issue of pairs.
The changes to the sessional orders to facilitate
tomorrow’s arrangements are really about the
government trying to prevent itself from being exposed
to what it perceives as some kind of jeopardy in relation
to the arrangements around pairs.
We heard the Leader of the House putting the view that
somehow the position that has been adopted by the
opposition in relation to pairs is unprecedented and puts
at risk the best interests of Victorian families. That is
the line that was trundled out in question time and has
been put forward by government members during this
debate. Let us put to bed the farcical argument about
Wednesday, 6 April 2011
pairs that has been made by members of the
government. The truth is there has been a longstanding
arrangement around pairs in the Legislative Council. In
the Legislative Council pairs are provided for, and they
are granted for a range of different reasons. It is the
business of the members in the other chamber — both
opposition and government — when they provide those
pairing arrangements, but they are provided often and
there is custom, form and practice in relation to the
issue.
In this chamber pairing is a totally different matter.
Over the entire 11 years that Labor was in government
pairs were never provided for any ministerial council
meeting. No arrangement for pairs was granted by
members of the current government when they were in
opposition in relation to ministers from the Bracks and
then the Brumby governments who sought to attend
ministerial council meetings. In fact no formal pairing
arrangement has been consistently applied in this
chamber since 1992. That is because members
opposite, when they were in government during the
Kennett years, took the view that it did not suit their
political interests to have a pairing arrangement in
place, so there was no such arrangement.
An honourable member interjected.
Mr HOLDING — They did not need them, as the
Minister for Ports interjects. If you look in the pairs
book, you will find that since 1992 there have been
almost no entries. There was an entry in 1993, and from
that time on the Kennett government refused to broach
pairs. From 1999, when the government changed and a
minority government was put in place, there was not
one instance in the next 11 years — in the Bracks years
or in the Brumby years — when a pair was provided to
a Labor minister to attend a ministerial council meeting.
Dr Napthine interjected.
The SPEAKER — Order! The Minister for Ports!
Mr HOLDING — That was the case when we were
in a minority government position, when we had a large
majority after 2002 and when we had a smaller
majority after 2006.
What this argument about pairs is really all about is
demonstrated by the fact that the Treasurer will be
attending the ministerial council meeting in Canberra
regardless of whether he gets a pair. It is a try-on from
those opposite — an attempt to establish a precedent for
pairs that has not existed in this chamber for the last
18 years. We will simply not stump up to an
arrangement whereby ministers can skulk off at any
time, seeking a pair, whether it be to attend a ministerial
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Wednesday, 6 April 2011
ASSEMBLY PROOF
council meeting or to attend a fundraiser for the
Higgins 500 Club, which would be of more concern.
We will not provide pairs in those sorts of situations,
and we are not willing to provide a precedent that those
opposite were not willing to provide over the last
18 years. That is what this boils down to.
If those opposite were really so passionate about pairs,
if they took the view that the interests of Victorians
desperately require a pairing arrangement in the
Legislative Assembly, if they took the view that
parliamentary democracy could be enhanced and
asserted by such an arrangement, they would have
supported it over the last 18 years, but they did not. We
will not allow a pairing arrangement to be brought into
this chamber essentially through an act of bullying by
those opposite. We will not sit still for that. We will not
have a situation whereby ministers, instead of being
required to attend in this chamber, are able to be sent
off to the four winds for political or other campaigning.
We will not support that proposition.
We are being asked to support changes to sessional
orders this afternoon. The change we do not support is
made by paragraph 1(b), which sets in stone the
interruption of business at 4.00 p.m. on any sitting day
other than Tuesdays and Wednesdays. As the Leader of
the House has already outlined to the chamber, the
change is simply an expression in the sessional orders
of the custom and practice of the last 11 years. Those
were his words. That is the reason we do not support it.
We simply say that if that custom and practice has been
able to operate effectively over that time, it should
continue to do so.
We know what this is actually about — that is, giving
the government another blunt, crude and undemocratic
instrument that it can use to stifle debate when the time
comes for the guillotine. We just do not support that
proposition.
15:12
If it has been custom and practice — certainly during
the years I have been a member of this chamber —
ordinarily for the question to be put at 4.00 p.m. on a
Thursday, then there is no reason that arrangement
cannot continue with the sessional orders drafted the
way they are. When circumstances require a deviation
from that, then it is fully within the competence,
capacity and power of this house to be able to manage
those situations when they arise.
This is all about the government being able to use its
numbers crudely and undemocratically when the time
comes to interrupt the business program at 4.00 p.m. on
a Thursday afternoon, or any day other than a Tuesday
or a Wednesday, and members of the opposition just do
51
not accept that proposition. If the government has been
able to work effectively on the back of custom and
practice and within the confines of the existing standing
orders and sessional orders, then it should be able to
continue into the future. Those opposite keep flinging
across the chamber how difficult members of the
opposition are making the functioning of this house.
We simply make the point that our door is always open.
If members of the government wish to sit down with
the opposition and have a sensible discussion about the
best way to manage the business of this house, our door
is always open to have that discussion.
Dr Napthine — Give us a pair!
Honourable members interjecting.
The SPEAKER — Order!
Mr HOLDING — The member for South-West
Coast interjects, ‘Give us a pair!’. Basically he is saying
that we should give the government what it wants, and
then we will sit down and have a discussion about how
the government can use its numbers to bludgeon the
opposition into giving the government whatever it
wants. We reject that proposition. Does anyone support
the notion that a sensible, constructive, cooperative
dialogue can be entered into with the terrorist smash
and grab by those opposite taking the things they want
and then asking us for a discussion about how we can
improve the forms and operations of the house in a way
that would suit the government’s interests? Members of
the opposition simply say to government members that
our door is open; we are willing to have a discussion
about these matters, but there needs to be a bit of give
and take. Those opposite need to be willing for that to
happen.
Members of the opposition recognise that the people
spoke in November, and we do not have the numbers in
this chamber, but the government also needs to
recognise that the smooth operation of this chamber is
best facilitated by a constructive and cooperative
approach being taken by both sides. We stand ready to
participate in that discussion. Members of the
government should put to one side their hubris
following the election. They should step up to the plate
and enter this discussion in a mature and sensible way.
They say they are simply asking us to give them a pair
because it is in the interests of all Victorians, when the
fact is that pairs have not been provided consistently in
this chamber for the last 18 years, and never for a
ministerial council meeting in the memory of any
member in this place.
Mr Wynne interjected.
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52
ASSEMBLY PROOF
The SPEAKER — Order! The member for
Richmond had better remember he is on two warnings.
Mr HOLDING — I simply put the proposition that
this has got nothing to do with Victorian families. This
is all about a smash and grab from those opposite,
desperate to establish a precedent that we will not sit
still for.
Dr NAPTHINE (Minister for Ports) — The
previous speakers have talked about taking a
cooperative approach. We in government would prefer
to take a cooperative approach, but it is a pity that
opposition members have decided to throw out the
window any semblance of a cooperative approach.
When opposition members were approached in a
sensible way by the Leader of the House with respect to
a pair for the Treasurer — in the best interests of
Victoria and Victorian families to represent Victoria at
the federal council of treasurers — he was refused. The
Premier made another approach today to the Leader of
the Opposition in a very fair and reasonable fashion,
and again the Premier was refused.
The Premier and the Leader of the House have made it
absolutely clear: they are trying to seek cooperation and
the outcome that is in the best interests of Victoria and
Victorian families. Victoria has suffered a withdrawal
of $2.5 billion worth of GST revenue by the federal
Labor government, the members of which have
admitted the system they used to withdraw that funding
is fundamentally flawed and needs to be changed. We
need to have our Treasurer at the table in Canberra on
Thursday, with the cooperation of the house — and
hopefully with the support of both sides of the house —
fighting for Victoria.
I would have thought that members of the opposition
would have been prepared to stand up for Victoria. I
would have thought they would stand up for getting the
$2.5 billion back and for getting the best outcome for
Victorian families, but it is clear that, rather than taking
a cooperative approach, members of the opposition are
taking a destructive approach. They have taken the
same approach as they took in question time. Clearly
they are an antidemocratic rabble engaging in
antidemocratic behaviour that does not seek to allow
ministers to answer questions and seeks to disrupt the
smooth running of the house.
I have been in this house for 22 years. Interestingly I
have seen substantial changes to both standing orders
and sessional orders. The member for Lyndhurst talked
about the 4 o’clock guillotine. That is only a relatively
recent invention in this house — it was introduced
firstly by the previous Labor government; it did not
Wednesday, 6 April 2011
exist in the 1980s and 1990s — yet members of the
opposition talk about it as though it has been the custom
of this house for 150 years. That is absolute and utter
rubbish. There have been consistent changes to
sessional orders and standing orders over the 22 years
that I have been here and for the many decades prior to
that. Most of the changes to standing orders, like the
one that has been put forward by the Leader of the
House, are — to echo the words of the member for
Bendigo East — to provide for the smooth operation of
this Parliament, including the operation of the 4 o’clock
rule on any other sitting day outlined in paragraph 1(b)
of this motion.
The member for Lyndhurst also talked about the history
of pairs. Again I think that a substantial rewriting or
interpretation of history is going on here. It is important
to know that between 1992 and 1999 there were no
pairs because there was no need for pairs. The
government of the day had a sufficient majority and did
not need to seek pairs, so there was never a request for
pairs. It is not as though the pairs were refused; they
just were not requested.
Similarly, between 2002 and 2010 the Labor
government had a sufficient majority and its members
never requested pairs. It is not as though there is a
history of knocking back pairs; there is a history of no
requests for pairs. That is what the history is. I was
Leader of the Opposition between 1999 and 2002, and
to the best of my recollection I can only recall one
representation to me as Leader of the Opposition for
pairs, which was granted. Labor continues to try to
rewrite history when it comes to pairs in the Legislative
Assembly.
There is provision for pairs in the customs and
traditions of this house. The provision of pairs is not
automatic, but it should be for times of significance and
importance, whether they be personal issues to do with
an individual member and their family or for a minister
or a member to represent the interests of Victoria and
act in the best interests of Victoria. I suggest that on this
occasion what we have is a clear example of where
providing a pair for the Treasurer is in the best interests
of Victoria and Victorian families. Surely that is what
we are all here for, or what we should all be here for.
We are elected as individual members of Parliament,
irrespective of our political persuasion and irrespective
of the party we represent. I am elected first and
foremost as the member for South-West Coast. The
member for Albert Park is elected first and foremost as
the member for Albert Park, and his responsibility is to
represent the people of his electorate to the best of his
ability. It does members of the opposition no credit
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
whatsoever when they put the interests of their party
and petty politics ahead of the interests of their
individual constituents, individual families and all
Victorians when they refuse a pair for the Treasurer to
attend this important ministerial council meeting, where
the Treasurer is needed to represent the interests of all
Victorians.
15:22
Victorian families in Albert Park, Richmond, Derrimut
and elsewhere right across the state need to be
represented by the Treasurer of this state at that
ministerial council meeting. Whether or not the
opposition likes it that the Treasurer happens to be a
Liberal Party member of Parliament and a member of a
coalition government, he is the Treasurer of this state
and he is fighting for the interests of all Victorians and
all Victorian families. There should be enormous
support right across the chamber in agreeing that it is
unfair, unreasonable and downright wrong that the
federal government is taking $2.5 billion from
Victorian families, affecting our budget and our ability
to deliver better services and infrastructure for all
Victorians.
Let us not have any more of this humbug about trying
to rewrite the history of pairs. Pairs have been given in
this house. They were given when we were in
opposition between 1992 and 2002 in special
circumstances. That is what this is about: these are
special circumstances. In most other times in this house
pairs have not even been asked for. They have not been
refused; they have not even been asked for, mainly
because the government of the day had a sufficient
majority not to require a pair. Members of the
opposition are continually trying to rewrite history. We
have heard today that in other jurisdictions pairs are
given for treasurers to attend ministerial council
meetings. The members of those parliaments recognise
their primary duty to their state or territory and make
sure their state or territory is represented by their
treasurer at those ministerial council meetings.
Today in his response to the Premier the Leader of the
Opposition said that the Legislative Council has a
history of giving pairs, including one for the previous
Treasurer, John Lenders, and suggested that if the
Assistant Treasurer, Mr Gordon Rich-Phillips, wanted
to go to the ministerial council meeting, it would
consider giving him a pair. So this is absolute and utter
tommyrot, humbug and political — —
Mr McIntosh — Bastardry.
Dr NAPTHINE — I would not use that word. The
opposition is playing political games in this house with
regard to this issue of pairs. Let us not have any of that
53
rubbish. Let us come back to what this sessional order
is trying to achieve.
It is interesting that the member for Bendigo East has
said that the opposition supports many aspects of the
proposed sessional order but that it has an issue with
paragraph 1(b). I put it to the opposition that sessional
orders are the same as standing orders. Let us not forget
that the standing orders were completely rewritten from
A to Z by the former Labor government. The idea that
standing orders and sessional orders are set in concrete,
that they can never be changed and that they cannot be
altered to best suit the interests of the house and the
interests of democracy and the people of Victoria is
again further political humbug from the opposition. It is
just a political game.
The opposition is playing games and trying to put the
interests of Labor ahead of the interests of Victorians
and Victorian families. It is a disgrace. I support the
adoption of this sessional order.
Mr FOLEY (Albert Park) — I thank the Minister
for Ports for acknowledging that it is in the interests of
the families and the people of Albert Park that I
continue to represent them in this place — just as I am
sure it is the job of the Minister for Ports to represent,
amongst other things, the interests of his constituents —
and I will do so to the best of my abilities.
However, what the people of Albert Park also
expect — and there is a high density of constitutional
lawyers per square metre in my electorate who would
be particularly keen about this — is that we, as a
Parliament, will protect, enhance and develop the finest
aspects of the Westminster system and that we will use
the elements of this place, as reflected in the sessional
and standing orders, in a way that holds the executive to
account. That is the role of the opposition. For the
Leader of the House, on behalf of the government, to
propose a new sessional order that particularly affects
standing order 32(1)(b) — the standing order that
relates to the 4.00 p.m. cut-off on any other sitting
day — it appears to be a case of the government trying
to neuter the ability of the opposition to hold the
executive to account.
This debate has rolled on through all sorts of topics. I
cannot comment on what happened in this place
22 years ago. I have been a keen student of some of
those issues, but I take it that sessional and standing
orders are always evolving. What is not an evolving
issue is the responsibility of the opposition, whoever it
might be at any particular point of time, to maintain the
finest traditions of the Westminster system, including
the responsibility to hold the government to account.
BUSINESS OF THE HOUSE
54
ASSEMBLY PROOF
I believe there is a strong argument in this instance to
suggest that this is more than just the ‘Wells clause’ for
getting the Treasurer to the ministerial conference,
which I understand he is attending. This may be an
issue of the government trying to manufacture an
argument that it will somehow lose control of the
operations of the Parliament should this not be granted.
However, the fact is that the government will still be
able to maintain its majority on the floor of the house.
This clause is really about the ways in which this
government operates. This is a government that has
taken only a few months to change the position it held
when it was in opposition of high indignation about the
forms of the house and the need to hold the government
to account. Straight after the election — an election in
which it was quite successful — the government began
to give form to its promises that ‘what you see is what
you get’ and that it would be open to a new era of
transparency, accountability and no spin. And yet less
than 150 days into its first term we now see the
government’s attempts, bit by bit, to roll back ways of
ensuring accountability. We will see more attempts of
this in some of the bills that are going to make their
way before the house, but I will not forecast debate on
those bills. I will restrict my comments to the issue of
the proposed sessional order before us.
The proposed sessional order, as reflected in the
changes it would make to standing order 32 (1)(b), will
provide that the guillotine can be applied at any time on
any other sitting day.
15:30
In normal circumstances, if there are such things, the
Thursday afternoon protocol is to allow for members,
particularly country and regional members, to return to
their communities in time to carry out business in their
electorates on the Friday. That is all well and good, but
there have been, and will be again, times in which the
debate has been on substantial issues of important
public policy, on holding the government to account or
on a range of important issues. There have been many
important issues debated in this Parliament, and there
will be in the future.
What we are seeing is a curtailing of the opportunities
for this Parliament to hold the government to account. It
will be a dark day for the democratic forms which the
member for South-West Coast so eloquently
championed a few moments ago if he then sticks his
hand up for this change to the sessional orders, because
that will see the very values that he was espousing put
behind the opportunistic and political needs of the
conservative Liberal-Nationals coalition. We will see
the restriction of the ability provided by the sessional
orders to hold the government to account on whatever
Wednesday, 6 April 2011
the important public policy issue of the day is. We will
see the use of the majority against the interests of
Victorians. We will see the majority numbers in this
place used to roll back areas of accountability and roll
back the ability of the Parliament to hold the
government to account. This cannot be good for the
very people the Minister for Ports quite eloquently
purported in his earlier contribution to represent.
The people of Albert Park, the people of South-West
Coast and the people of all the electoral districts that we
have the privilege to represent in this place expect
many things from us. The minimum they expect from
us, as the minister was pointing out, is to represent their
direct interests, but they also expect us to represent the
tradition of accountability and to maintain the systems
of government and the forms of this Parliament in
holding the government to account. What this motion
does, bit by bit, is chip away at that. We are seeing, and
I suspect will see again in the near future in one of the
bills that has been forecast in this place, an attempt by
this government to roll back those traditions.
It will be a sad day for the democratic forms of this
place if we do not stand up and oppose this proposition,
and I ask the Leader of the House and the Minister for
Ports to reconsider their standover tactics and their
reliance on their majority in this house. I ask them to
reconsider whether proposed paragraph (1)(b) of the
motion is necessary in the total scheme of things in
trying to apply a better form of the running of the
house.
We have already heard from the manager of opposition
business. There is material in this proposal that we
think is sensible and enhances the smooth operation of
the Legislative Assembly, and we support that material,
but not the material that is tied essentially to the
Treasurer’s clause and making sure this change is all
about feeding the government’s media cycle and
feeding the government’s spin on the story of the week,
which started on Saturday and has continued every day
since. When the forms of this house and the ability of
the opposition and the Parliament to hold the executive
to account take a secondary position to the spin cycle of
this government — this supposedly spin-free
government that we were promised only a few months
ago — it is a very sad day, and we would urge the
Leader of the House and those opposite to use this
opportunity to stand back and take on board the broader
interests of the Parliament and of holding the executive
to account. We would urge them to make sure that only
those parts of this proposal to change the standing
orders that we support go forward and that they refrain
from pressing the issue of sessional order 8(1)(b) as
currently proposed.
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Mr MORRIS (Mornington) — How the worm has
turned in the few short months since November. Before
I start on the general principle of the motion I want to
speak briefly on the proposition that has been put
forward in the recent comments of the member for
Albert Park and the earlier comments of the member
for Bendigo East expressing concern about proposed
clause 8(1)(b). I refer to the current standing orders of
the House of Representatives, which identify very
clearly in standing order 29 that the adjournment will
be proposed in that house at 9.30 p.m. on Monday,
9.30 p.m. on Tuesday, 7.00 p.m. on Wednesday and
4.30 p.m. on Thursday. It is nothing new to have in
place an identified time for the adjournment.
To return to the principle of the motion, what is
proposed with this motion is simply a new sessional
order to replace standing order 32 for the duration of
the session. In effect what it does is codify the
arrangements that have operated in both the 55th and
56th parliaments, arrangements that operated very
much by agreement and through the cooperation
between the government and the opposition. That
allowed those arrangements to work, and they did
work.
Those days of agreement and cooperation have
unfortunately evaporated. We have an opposition that
will seize on every point, every opportunity and every
possible way to divert the energies of the house from
the purposes for which we are here. We have an ALP
opposition that will put, at every opportunity, politics
first and Victorian families a very distant second. In
recent days we had the debate on the Residential
Tenancies Amendment (Public Housing) Bill 2011. An
opposition member called a frivolous point of order,
was turned down and immediately sought to have a
quorum called. When the count was done we were only
one member short of a quorum, but the call proceeded.
The lack of quorum would not have been any hindrance
to the business of the house; the quorum was called
simply to disrupt business. That is what we are dealing
with at this moment. Every opportunity to interrupt
business is taken. We have seen stunts, we have seen
point-scoring, we have seen filibusters, we have seen
grandstanding, we have seen procedural devices and we
have seen the manipulation of any rule the opposition
can come up with to disrupt and thwart the business of
the house and the business of the people of Victoria.
15:37
That is what we are dealing with in this case. It is all
calculated to disrupt the Parliament and to disrupt
proper debate. Indeed the opposition seems to have
trouble — despite the protestations of the member for
Lyndhurst — with the concept that in fact it is not the
government any more.
55
The changes proposed by the Leader of the House I
believe are necessary to ensure that the business of the
house can proceed in an orderly fashion. Cooperation is
certainly preferable. If we could, we would certainly do
work cooperatively, but cooperation requires two sides,
and when one side will not participate you cannot
arrange affairs on a cooperative basis. The people of
Victoria expect us to work together to discharge their
business and not to use procedural devices in order to
derail a program put before us. The opposition
unfortunately insists on attempting to derail the
program. It has consequently become necessary to
move these proposed variations to the sessional orders.
It would be best to do it by agreement, as I have said. In
this case we cannot. I think the Leader of the House has
in fact been entirely reasonable with the changes he has
proposed because they simply codify the arrangements
that have been in place for two parliamentary terms. If
we were really interested in gagging debate, as has been
suggested by some, I am sure there would be far more
effective ways of doing it. The changes that are
proposed are entirely reasonable, and I commend the
motion.
Mr WYNNE (Richmond) — What a delight to be
with you, Speaker, as always, and to have followed the
member for Albert Park, who I must say gave an
excellent presentation of the opposition’s position in a
very thorough, thoughtful and measured way. The
member for Bendigo East in her usual erudite fashion
has prosecuted the case on behalf of the opposition —
that is, that we largely have no opposition to the
proposed changes to sessional orders as detailed by the
Leader of the House. In fact we do not oppose them,
with the exception of proposed sessional
order 8(1)(b) — that is, of course, the guillotine.
By way of some introductory comments I want to take
up some remarks made by the member for Mornington,
who I regard as a measured person, by and large, in
terms of his general contributions here in the house. I
must say, though, that it ill behoves the member for
Mornington to suggest that opposition members are
simply here to manipulate the various opportunities that
are provided to us as members of Parliament and to
frustrate the government in its endeavours. I would
submit to you, Speaker, that there is nothing further
from the truth. Our leader has indicated on a number of
occasions — and I say it again to the member for
Mornington — that we understand very clearly the will
of the people. The coalition is the government. We
understand that. Those opposite are the government.
I have to say that the orderly transmission of legislation
through the Parliament, through the cabinet
secretary — there he is at the table, the cabinet
BUSINESS OF THE HOUSE
56
ASSEMBLY PROOF
Wednesday, 6 April 2011
secretary — and the Leader of the House leaves a lot to
be desired.
his place and he is out of order; you know that. Come
on, Speaker.
The SPEAKER — Order! The member for
Richmond will address his comments through me.
The SPEAKER — Order! I trust that the member is
not suggesting I am not doing my job.
Mr WYNNE — I am sorry, Speaker, I was
just — —
Mr WYNNE — Not at all, Speaker; you are a
delight to be with.
The SPEAKER — Order! I know what the member
was doing. I ask him to speak through me.
The SPEAKER — Order! I thank the member.
Mr WYNNE — Just a delight; you know that.
Mr WYNNE — I was just momentarily distracted
and harking back to the old days when in fact I had the
honour of being the cabinet secretary. One of the
crucial jobs — —
The SPEAKER — Order! I ask the member to
return to the debate on the motion before the house. It is
extremely entertaining.
The SPEAKER — Order! Instead of going down
the old memory lane I ask the member to return to the
debate on the motion before the house.
Mr WYNNE — We have seen here that the
government has had to curtail debate. It has had to
curtail debate on a number of bills here today — —
Mr WYNNE — It is very germane, Speaker, to this
particular matter that is before us — that is, to ensure
that we have an orderly flow of legislation into the
house.
An honourable member — It never ever happened
to you?
Mr Hodgett interjected.
Mr WYNNE — What a dismal failure you have
been! What a dismal failure!
The issue here, as we have seen, is the use of sessional
orders. The Leader of the House is an interesting
character, because what he does is come in here and
huff and puff and blow and carry on, because that is the
job that he has, but when he gets outside of the chamber
he says, ‘Look, that was all in the chamber, you know;
that’s all part of the rough and tumble. We actually
want to have a cooperative arrangement with you’.
The SPEAKER — Order! I ask the member to
come back to the debate.
Mr WYNNE — He says, ‘We actually want to have
a cooperative arrangement with you in the orderly
running of the house.’ Is that not going a treat, Speaker?
Within the broader rubric this week of saying, ‘We
need the Treasurer to go to Canberra to represent the
interests of Victoria in this very important
Treasurer’s — —
Mr Hodgett interjected.
The SPEAKER — Order! The member for Kilsyth!
Mr WYNNE — Go back to being the cabinet
secretary and get on with the job, will you? He is out of
Mr WYNNE — We never had to curtail debate by a
full day. This is a stunt that the government has pulled
here, because the government knows full well that it
will have the numbers in the house tomorrow. That is a
simple fact, which will not be affected by whether the
Treasurer is here or not here. The Leader of the House
knows that the government has the numbers in the
house, so it should not try to wrap this argument up in
some nonsense and rhetoric and say, ‘We’re the only
ones who stand up for Victoria, and we’re the only ones
prepared to go in and fight for the interests of
Victorians’. What a load of nonsense.
The question of pairs has already been very ably
canvassed by a number of speakers. Last night we
canvassed the matter of pairs when in fact pairs have
only been given twice in the last 20-odd years and at
least on one of those occasions, as we know, that was
for particularly tragic circumstances surrounding one of
our members. We ought to cut to the chase here. This is
about the orderly conduct of business in this house. To
have orderly conduct in the business of this house you
have to reach across the table and have some form of
cooperative arrangement, respect for those on the other
side of the chamber and some form of
understanding — —
Honourable members interjecting.
The SPEAKER — Order! The Leader of the House
is being very disruptive!
Mr WYNNE — We are all elected to be here in this
Parliament. We all have a right to be heard in this
15:45
BUSINESS OF THE HOUSE
Wednesday, 6 April 2011
ASSEMBLY PROOF
Parliament. We all have a right to represent the interests
of our constituencies in this Parliament — and indeed it
is quite improper for the Leader of the House to be
moving sessional orders, as we are seeing today, that
fundamentally seek to curtail the opportunity of both
sides of the house to reflect the views of their
constituencies in this great legislature.
The government will be here for four years. The Leader
of the House seems to think this is a good start to
having a cooperative arrangement with the opposition.
All he does is deride and drag down members in his
typical way that is fuelled by hubris and arrogance. If
he thinks that his outrageous, ridiculous, petulant and
immature behaviour is going to get him a cooperative
arrangement with our side of the house, he is sadly
mistaken. This is not an opportunity. This is a test of the
maturity of this government, but I do not think there is
much hope for this fellow. It is a test of the leadership
of this government, of whether it is prepared to say,
‘Right. This is over. Let us actually try to find some
common ground and have some respect for the
institution of this Parliament and for the fact that the
opposition was elected to have the interests and voices
of its constituents heard in this Parliament’.
We will not be fettered by this sort of nonsense and this
proposition to curtail debate in this Parliament, to use
the guillotine at will and to close down debate as it has
been closed down. We are to have two days of debate
simply because the government needs to maintain this
ridiculous proposition that it does not want to send its
Treasurer to Canberra for what is an important meeting
because it has not been provided with a pair when it is
simply a statement of fact that it will have the numbers
on the floor of this chamber tomorrow. Shame on the
Leader of the House.
Mr McINTOSH (Minister for Corrections) — I will
briefly sum up the debate. I thank all members for their
contributions. I started this process by explaining the
mechanics of what was being achieved. As I indicated
from the very outset the 4.00 p.m. adjournment is
something that has been an effective and standard
practice of this chamber certainly for the 11 years that I
have been in this place. Once we get to the adjournment
there is certainly a rapid exiting of this place, and it
seems that practice is being institutionalised in these
sessional orders.
I reiterate the words of the member for South-West
Coast, the Minister for Ports. He has been a senior
minister, a Leader of the Opposition and a senior
shadow minister for over 20 years in this place, and he
indicates that between 1992 and 1999 there were no
pairs because there was no need for them. Certainly my
57
recollection is that on many occasions ministers
attended to official duties and there was a constant
requirement for ministers to attend to those duties and
once every couple of sitting weeks at question time a
minister would be away attending some official
function representing the state of Victoria.
This is not just about the pairing arrangement. The
pairing arrangement has been something of profound
concern and commentary in this debate. The reality is
that it would be an appropriate thing to provide the pair;
it is consistent with the forms of this house that when a
pair has been sought it has been provided. Likewise in
the Legislative Council, when a pair has been sought it
has been provided. The government has sought a pair
reasonably and responsibly. I originally did this myself.
I wrote to the manager of opposition business
requesting it. That request was refused. Again today the
Premier sought from the opposition a bipartisan,
reasonable and rational response to its request that was
above politics and in the interests of Victoria to provide
a pair to allow the Treasurer to go to Canberra. It was a
reasonable and responsible request. The Minister for
Ports has said that in the 20 years he has been in this
place, having seen opposition and on other occasions
government, this is the first time he can think of that a
pair has been refused in this chamber. That is deeply
regrettable, because a pair ensures that good
government is continued and the government on behalf
of all Victorians and on behalf of all 88 lower house
seats can properly represent all Victorians in Canberra
at the treasurers meeting.
I understand that when similar requests were made in
other parliaments that are sitting this week to enable
their treasurers to attend the ministerial council in
Canberra — that is, in Western Australia, South
Australia and Tasmania — pairs were provided.
For some reason when a pair was requested this time, it
was denied. However, the utility of the 4.00 p.m.
adjournment has been a common practice in this place,
and certainly the amendment to provide for the
10.00 p.m. adjournment will properly reflect the
practices and procedures that have been in operation
since I have been in this chamber.
House divided on motion:
Ayes, 44
Angus, Mr
Asher, Ms
Baillieu, Mr
Battin, Mr
Bauer, Mrs
Blackwood, Mr
Bull, Mr
Mulder, Mr
Napthine, Dr
Newton-Brown, Mr
Northe, Mr
O’Brien, Mr
Powell, Mrs
Ryall, Ms
15:52
RESIDENTIAL TENANCIES AMENDMENT (PUBLIC HOUSING) BILL 2011
58
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
Morris, Mr
ASSEMBLY PROOF
Ryan, Mr
Shaw, Mr
Smith, Mr R.
Southwick, Mr
Sykes, Dr
Thompson, Mr
Tilley, Mr
Victoria, Mrs
Wakeling, Mr
Walsh, Mr
Watt, Mr
Weller, Mr
Wells, Mr
Wooldridge, Ms
Wreford, Ms
Noes, 43
Allan, Ms
Andrews, Mr
Barker, Ms
Beattie, Ms
Brooks, Mr
Campbell, Ms
Carbines, Mr
D’Ambrosio, Ms
Donnellan, Mr
Duncan, Ms
Edwards, Ms
Eren, Mr
Foley, Mr
Garrett, Ms
Graley, Ms
Green, Ms
Halfpenny, Ms
Helper, Mr
Hennessy, Ms
Herbert, Mr
Holding, Mr
Howard, Mr
Hulls, Mr
Hutchins, Ms
Kairouz, Ms
Knight, Ms
Languiller, Mr
Lim, Mr
McGuire, Mr
Madden, Mr
Merlino, Mr
Nardella, Mr
Neville, Ms
Noonan, Mr
Pallas, Mr
Pandazopoulos, Mr
Perera, Mr
Pike, Ms
Richardson, Ms
Scott, Mr
Thomson, Ms
Trezise, Mr
Wynne, Mr
Motion agreed to.
RESIDENTIAL TENANCIES AMENDMENT
(PUBLIC HOUSING) BILL 2011
Second reading
Debate resumed from 5 April; motion of
Mr DELAHUNTY (Minister for Sport and
Recreation).
Mr CARBINES (Ivanhoe) — I am pleased to rise
to continue my contribution on the Residential
Tenancies Amendment (Public Housing) Bill 2011. In
relation to indictable offences power will be given to
the director of housing to evict people from their
properties. In the broader context, some of these matters
go to the amenity of local residents in relation to where
they live and providing them with a safe environment.
In terms of the people in public housing in my
electorate of Ivanhoe, particularly in West Heidelberg,
part of that is done through a range of projects that we
Wednesday, 6 April 2011
initiated when we were in government, such as
neighbourhood renewal and the provision of advocacy
for people in public housing. We have given them a
stronger voice and a say in their own advocacy and
representation. It is about holding the Office of
Housing, the Department of Human Services and local
government to account and allowing people to have a
say fundamentally about the way they live their lives
and about ensuring that they are treated with respect
and dignity.
What the people of the Ivanhoe electorate —
particularly the people of West Heidelberg, where I live
and where there is a large public housing
community — have raised with me about this
legislation is the fact that often public housing is not
suitable for their purposes, either because of the size of
their families or because the housing has not been
maintained. These are the sorts of issues that people
raise with me constantly in the Ivanhoe electorate.
These are the sorts of issues that the Labor government
dealt with to ensure that people in public housing were
treated with respect and dignity. That is what Labor
governments want to ensure.
When the government talks about public housing it
looks for easy and cheap headlines, but we do not hear
anything about investment in public housing or about
increasing the maintenance budget for public housing.
We do not hear anything about building public housing
on the vacant blocks in West Heidelberg. The
government wants to pay consultants to draw up fancy
plans, but when it comes to improving the amenity for
people in public housing it says nothing about investing
in public housing itself. It does not want to talk about
investing in building public housing on vacant blocks in
West Heidelberg owned by the Office of Housing for
which the director of housing is responsible when
people are looking for somewhere to live and are
expecting the government to provide them with
opportunities. Those blocks are sitting there vacant
because this government will not provide the
investment for more public housing to be built.
On the subject of investing in public housing and
providing opportunities for constituents in my
electorate to have somewhere to live and a roof over
their head, I am pleased to talk about some of the
homes and facilities that have been built for people who
live in West Heidelberg. I will talk about some of those
out in the Bellfield — —
Mr Shaw — On a point of order, Speaker, the bill is
not about investment in public housing; the bill is
specifically about the trafficking of drugs.
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
An honourable member interjected.
Mr SHAW — The point of order is that the member
is not speaking on the bill. I ask you, Speaker, to
instruct the member to speak on the bill and not about
investment in public housing.
The SPEAKER — Order! I do not uphold the point
of order. I ask the member to return to debating the bill
before the house.
Mr CARBINES — This bill goes to the heart of
what the residents of West Heidelberg say to me. They
are keen to improve the amenity of their
neighbourhood. They work hard to do that through
projects such as neighbourhood renewal, through their
advocacy and through discussion around improving
local facilities such as those at Malahang Reserve, as
well as by holding local fetes and festivals that promote
Housing Week and their issues and holding local
barbecues in the community. They have had barbecues
at the Bell Bardia estate and the Tarakan estate. We
want people to be able to put forward their issues and
talk about what is important to them to ensure that the
Office of Housing, the Department of Human Services
and the government are listening and responding to
their issues on public housing matters.
16:02
In relation to this matter, ultimately the government has
a responsibility to house all vulnerable Victorians,
including all those who may end up getting charged on
an indictable offence, but what about their families and
the homes in which they live that are public housing?
Who is looking out for them, who is providing them
with confidence that the government and the people of
Victoria want them taken care of, looked out for and
advocated for? They will continue to get advocacy in
West Heidelberg, they will continue to get it in Ivanhoe
and they will continue to get it on this side of the house,
but what I we will wait for the next budget to see is
what is being provided by this government to invest in
public housing rather than shutting it down and kicking
people out. That is what we want to see done by this
government, but there is nothing but silence and a
cheap headline. Housing is what we want to see in
West Heidelberg and the Ivanhoe electorate.
Debate adjourned on motion of Mr McINTOSH
(Minister for Corrections).
Debate adjourned until later this day.
59
MULTICULTURAL VICTORIA BILL 2011
Second reading
Debate resumed from 24 March; motion of
Mr KOTSIRAS (Minister for Multicultural Affairs
and Citizenship).
Mr ANDREWS (Leader of the Opposition) — I am
pleased to make a contribution to the debate on this
important bill, the Multicultural Victoria Bill 2011. In
my capacity as shadow minister for multicultural affairs
I have a special interest in the bill, and I indicate from
the outset that the Labor opposition will not oppose this
bill.
Firstly, I take the opportunity to talk about the value of
our multicultural community and the value of
multiculturalism across Victoria. I have said many
times that I am very privileged to have served for a
brief time as Minister assisting the Premier on
Multicultural Affairs when Steve Bracks was the
Premier and was also the Minister for Multicultural
Affairs. It was an enjoyable experience and a real
honour for me to serve in that portfolio, and I was very
pleased to be able to assume those responsibilities as
the shadow minister for multicultural affairs after the
change in government last year.
Many times I have said in this place and in other public
forums that our cultural diversity, our multiculturalism
and the fact that we are a multicultural and multifaith
community are one of our greatest assets, one of our
greatest strengths. That is what sets us apart from so
many other parts of the world. It is also what makes us
an edgy, interesting and fundamentally great place to
live. We always have to make sure that we invest in and
nurture that cultural diversity and multiculturalism, and
that we value it in everything we do and say. We also
need to ensure that we never take that diversity, and all
the good that it brings, for granted.
As members would know, over the years many
different communities, different families and different
people have come from right across the globe, some
travelling for a new life in relatively peaceful and calm
circumstances, many travelling as refugees, being
victims of torture and trauma, victims from much less
settled, less civilised circumstances than those we
sometimes take for granted here in Victoria. They have
made their way to build a new life for themselves and
their families in Melbourne, in our regional centres and
in many rural places within our great state.
The contribution of so many of those waves of
migrants, families and communities to our economic
MULTICULTURAL VICTORIA BILL 2011
60
ASSEMBLY PROOF
prosperity, our cultural life and the diversity that is such
a key strength is very difficult to estimate. So huge,
comprehensive and important have those contributions
been that they are very challenging to quantify. What
we know without a shadow of doubt is that those
contributions have been manifestly important to
building a modern, respectful Victoria that is a
powerhouse, if you like, both in economic activity and
in the generation of ideas, innovation and reform. The
contribution from our cultural and religious diversity is
central to those strengths in so many different ways.
were either born overseas or have at least one parent
who was born overseas, that we as a community come
from 200 different countries of origin, that we speak
more than 230 languages and dialects and that we
follow more than 120 faiths, ‘we’ means every
Victorian — that is, all Victorians from all parts of
Victoria. Multiculturalism is not just in Melbourne’s
suburbs and not just in the centre of our capital city; it is
found across the entire state. That is a significant point,
and I know it is one that is not lost on the minister nor, I
hope, on the government.
I do not want to single out any particular group; there
are many groups. We know that in our own local
communities and in communities right across state just
how important that contribution is almost every day. I
have said many times when I have visited schools in
my local community or when I have visited my own
children’s school that the lived experience for them is
very different from what I enjoyed only about 30 years
ago when I was at primary school in country Victoria.
The experience is very different; we have come a long
way, and we have changed. The differences that
sometimes hijack debate, sometimes stain people’s
reason or colour their view appallingly are seemingly
not even registered by so many today because they are
just part of the lived experience; it is just what life is all
about. The fact that our diversity is so beautifully
grounded in our community is where our harmony and
strength come from.
These features have made us the unique, vibrant,
interesting and dynamic place we are today. Since
coming back to this portfolio as a shadow minister with
the change of government, I have over the last few
months had the great pleasure and privilege of
attending a number of functions. These have been really
important functions not only for the specific
communities involved in organising them but also
because they have been great examples of celebrating
and sharing cultural diversity and cultural heritage and
practice. They are important not just within a
community in order to pass down to the next generation
that cultural heritage, as significant as that is; they are
almost more important for the broader community to be
able to share in the culture that all those different
groups have brought to Victoria.
This bill and all its provisions, which I will come to in a
moment, is the government delivering on an election
commitment it made last year.
16:10
Wednesday, 6 April 2011
It is appropriate that we make sure we have the best and
most contemporary framework. It is also obviously
important and appropriate that the government deliver
on the promises it has made.
I have referred to diversity not just in metropolitan
Melbourne but also in communities right across the
state — proudly right across rural and regional Victoria.
Some of the best examples of our cultural diversity and
the contribution of both celebrating and sharing cultural
heritage are in rural and regional areas. As a former
minister who has visited places such as Shepparton,
Warrnambool, Bendigo, Ballarat and Wangaratta, my
home town, as well as other parts of north-eastern
Victoria, and having visited ethnic communities
through organisations such as Diversitat in the Barwon
region, I know that so many of our rural communities
do this very well.
When we talk about these numbers and quote the
statistics which indicate that 40 per cent of Victorians
There has been the Greek national day at the shrine; the
Antipodes Festival in Lonsdale Street, where I was
pleased to join in and share the stage with the minister;
the Afghan new year celebrations at the Springvale
town hall; the Chinese New Year celebrations in
Chinatown, which again I attended with the minister,
the Premier and others; a number of different functions
celebrating the Hindu community’s holy festival of
colours; and many other examples. I have been pleased
and really proud to be able to attend many of these
functions in my capacity as Leader of the Opposition
and shadow minister for multicultural affairs. Each
occasion has served as an important reminder — and
we all sometimes need such a reminder — of the
brilliance of that diversity and its centrality and
importance to our state.
Perhaps the highlight of those events was the Premier’s
gala dinner at Crown Casino, which was held as part of
Cultural Diversity Week. I made the point then, and I
will make it again now, that we do this better than so
many other parts of Australia and the world principally
because we do not just tolerate our cultural diversity,
we celebrate it. There is a real, meaningful pride, not
just in word but in deed and in belief. We are genuinely
proud to be what we have become — a fundamentally
diverse state, one built on respect and on
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
acknowledging the contributions that so many
communities within the broader Victorian community
make on a daily basis.
When Labor was in government it was pleased and
proud to support Victoria’s cultural diversity. Before I
return to the provisions of the bill I will just make a
couple of points about our record and the various
initiatives and policies we pursued in government. For
Labor members they are a source of great pride, and for
multicultural communities across the state the practical
and meaningful support we provided to so many groups
was a source of real progress and achievement. In our
last year in government we provided $5.6 million to
around 2200 multicultural groups, including
700 seniors groups, right across the state. That is a
sevenfold increase in funding during our term in office,
and again we are abundantly proud to have been able to
provide that practical support to so many groups in so
many different communities in a consistent way, each
and every year.
Through the Cultural Precincts and Community
Infrastructure Fund $12 million was provided to ensure
that our key cultural precincts remain suitable and
available to facilitate the celebration of our
multiculturalism. These are also important centres of
activity, and they tell the story of migration and
settlement patterns over a long period of time. They
include the Eaton Mall in Oakleigh, the Little Saigon
arch in Richmond and the new Hindu cultural and
education centre at the Carrum Downs temple. I have
had the pleasure of seeing that building site and visiting
that magnificent temple on many occasions, and it is a
credit to everybody involved.
We also supported the enhancement of Melbourne’s
iconic cultural precincts. Most members are aware of
work that has taken place on Lygon Street, Little
Bourke Street and Lonsdale Street. Substantial financial
commitments were made to those precincts which
allowed them to become the true cultural icons we
always knew they were. That funding was about
helping those areas as physical spaces to facilitate the
best celebration of the cultural diversity that is
absolutely synonymous with those three locations.
We set up the 24-hour International Student Care
Service, a first in Australia and a service that became a
very important source of practical support for students.
It was one of the many different settlement services
where we either partnered with another organisation or
were the key and central funder. We are very proud to
have done that.
61
From a personal point of view, both when I was
Parliamentary Secretary for Health and later when I
was Minister for Health I was very pleased to be able to
work with Bronwyn Pike, the member for Melbourne,
on rolling out refugee health nurses in a number of
different locations across the state. This again was
targeted support for the most vulnerable — that is,
people who had come to Australia to build a new life
with, it is fair to say, a fair bit of primary health
catch-up to be done, having left refugee camps where
they may well have lived for very long periods of time,
often with real and manifest mental health issues and
often with physical health issues. The refugee health
nurse program is something that I think has benefited
many hundreds, indeed thousands, of newly arrived
refugees and humanitarian settlers. It is a program of
which we are very proud. The refugee communities in
Brimbank, Dandenong, Hume, Maribyrnong, Moonee
Valley, Melbourne, Darebin, Shepparton, Warrnambool
and Ballarat, almost all of which I think I had the
honour of visiting to celebrate the rollout of the refugee
health nurse program, are very strong supporters of the
program, and we should acknowledge the great work
the nurses do in providing those services.
Of course we supported more than 200 community
language schools across the state that teach about
50 different languages to over 34 000 students on a
regular basis. Those key government investments are
central to making those programs possible. Obviously
we introduced a range of reforms and provided strong
financial support for interpreting and translating
services for government agencies, and we made a
strong commitment — indeed more than
$50 million — to the teaching of languages other than
English and programs like it in primary and secondary
schools.
Can I say as well that it is not just about resources; it is
also about making sure you have a legislative
framework that facilitates, promotes and is clear about
what the community’s expectations are and what the
standards are that we set for ourselves. To that end we
are very proud to have properly developed and put
through this Parliament laws like the Racial and
Religious Tolerance Act 2001 and the Charter of
Human Rights and Responsibilities Act 2006. These
are all about making sure that no Victorian is in any
doubt about the fact that across the community we
support and honour, revere and value the contribution
that our multicultural and multifaith communities have
made, currently make and will certainly make in the
future.
There is no room for intolerance, there is no room for
prejudice and there is no room anywhere in our state for
16:17
MULTICULTURAL VICTORIA BILL 2011
62
ASSEMBLY PROOF
people to lack the fundamental respect that is such a
selling point and such a source of pride for us in a
broader sense. We have to be consistent about that. We
have to make sure that we support our cultural diversity
so it can thrive, that we value our cultural diversity so it
can thrive and that we will always be a loud and
consistent voice to speak out against those who are less
charitable and those who cannot for some unknown
reason see the inherent value of our multicultural and
multifaith community. Being loud and consistent
against that sort of behaviour is a hallmark of our time
in office; we are abundantly proud of that, and we will
continue to do it, because I and the team I lead
understand how important those messages are.
I now turn to the key features of the bill. As I said, we
will not oppose the bill; it is reflective of the
commitments that the then opposition made, and we
think it is important that the government delivers on its
election commitments. Although the bill repeals the
current act, many of the provisions of the current
legislative framework are re-enacted. However, there
are four key differences, and I will briefly go to those.
The bill provides for the restructure of the Victorian
Multicultural Commission (VMC). Clause 8 affords an
additional function to the commission, which will be
able to research, report and advise the minister on
systemic community issues. We think that is important.
There will be a range of implementation challenges —
what type of research will there be; how well supported
will the commission be to do that work? — but we
think that is a broadening of the commission’s role. We
have no fundamental problem with that, and we wish it
well in that important function.
Clause 12 details the members of the commission, and
there is some change to the composition of the VMC.
The number of commissioners remains at 12, but the
bill introduces two new requirements in terms of the
appointment of members. There are two new categories
of member, if you like, for the commission. One
member at least must be a youth representative — that
is, between 18 and 24 years of age. I think that is a
worthy thing to do. I am not sure what the actual
experience would be over the life of the VMC in its
different forms, but again it is important that we always
promote the broadest cross-section of voices, and
young adults today who are active in local community
affairs need to carry much of the workload as we go
forward in the celebration of cultural heritage. I think it
is only appropriate that at least one younger person is
there to be a voice for younger people involved in the
celebration of our cultural diversity.
Wednesday, 6 April 2011
As I understand it, a further member must be a
representative of the Ethnic Communities Council of
Victoria. Again over many years and under many
different leaders I think the council has done a fantastic
job in supporting governments of different political
persuasions and groups of all different sorts of
perspective in the celebration of the diversity that is so
important to all of us. I want to take this opportunity to
congratulate the ECCV for the great work it does. I
know Sam Afra, who is the chairman, very well. He
leads that organisation extremely well, but he is one of
many people who have done great service at the ECCV
over a long period.
Part 4 sets up eight regional advisory councils across
each of the whole-of-government regions. There will be
five country and three metropolitan councils. Each will
be chaired by a member of the commission proper, and
each will include in its ordinary membership volunteers
drawn from the relevant region. The bill provides that
the councils will offer advice to the commission on
matters relating to its function, obviously with a unique
perspective from the local community.
There are also new reporting provisions requiring heads
of government departments to ensure that every
reasonable effort is made to assist the commission
when it is preparing a report. Again, there is nothing
wrong with that; we think that is appropriate in terms of
making sure the best policy approach is taken.
I have a couple of issues and concerns I wish to raise. I
am sure the minister will be able to deal with these
either in his summing up or when the bill is between the
houses. Whilst many of the new provisions are routine,
some of the administrative changes initiated by the
government are somewhat concerning, particularly the
government’s decision to take away from the
commission many of its policy and administrative
functions. Going back some years and after a very long
and intensive consultation process we made a
change — and I will come back to that issue in a
moment — to merge the old Victorian Office of
Multicultural Affairs and the VMC so we had one voice
across government with administration, policy and
advocacy functions under the one roof. That was an
approach we took. We saw that as a sensible, efficient
and effective way of making sure that we got the best
possible whole-of-government advice and delivered the
best possible outcomes.
The new government has a different view, and it is
entitled to have that view; it took it to the Victorian
community. But I would say to the minister — and I
am sure he has picked up on this because he moves
around the sector very regularly — that there are some
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concerns and there is some uncertainty. The
combination of these changes and the different
functions for the two bodies, and also changes in terms
of leadership made recently at the commission, have I
think caused some concern for a number of groups. No
doubt the minister will be able to provide us with some
assurances in relation to these matters, as I said, either
in his summing up or when the bill is between the
houses.
On the issue of consultation, as I have said many times
today and over the years, our diversity is precious and
important. Consultation and making sure that the
diverse range of voices within our multicultural and
multifaith communities each have a seat at the table and
an opportunity to put their view is very important, and I
think in broad terms there would be bipartisan support
for as consultative an approach to policy making and
program delivery in support of our multiculturalism as
is possible. I am unaware whether there has been
extensive consultation around these issues, and I ask the
minister if he might perhaps give us some comfort
around that at a later stage. But I am unaware of any
wholesale consultation or substantial consultation to
make sure communities across the state put their view
on this bill or on the broader policy positions that
underpin it.
I am not for a moment suggesting the government was
not up-front about these matters, at least in broad terms,
at the election, but in terms of multicultural
communities and the community more broadly, the
views of groups are unknown to us because I do not
necessarily think there has been broad consultation. If I
am wrong in that, I will be more than happy to concede
the point, but if consultation has been done, I expect
that it would have been perhaps of a targeted nature and
would not necessarily have been a public process.
Again, I seek some clarification from the minister on
that front.
In terms of the transition arrangements, obviously the
government has a majority in both houses and we know
this bill will become law. We are going to move from
one set of arrangements to a new set of arrangements.
There is some doubt, some confusion and some
uncertainty about the transition arrangements.
16:27
Will there be a period where there is no institutional
framework, if you like, or will the government through
the appointment process, through the Governor in
Council and through the proclamation of this bill as an
act ensure that there is a seamless transition from one
arrangement to the next? This may seem to be a
pedantic point, but it is important. Will there be
continuity? We know that the needs of communities
63
and the value of multiculturalism are continuous; we all
want to see and make sure that there will be a smooth
transition from one arrangement to a new arrangement.
I seek some clarification from the minister on that point
as well.
A number of these matters were raised with the acting
chair of the Victorian Multicultural Commission,
Hakan Akyol, and representatives of the minister’s
office, and I thank the minister for the courtesy of the
briefing. I also take this opportunity to thank Mr Akyol
for his advocacy and leadership at the VMC, both now
as acting chair and previously. I was very pleased to
work with Mr Akyol in a previous role. He is a
first-class public servant and somebody who is
passionate and committed to ensuring that we make the
most of and protect and promote the diversity that, as I
think we all agree, is so important to the future of our
state.
The opposition does not oppose the bill. We have a
series of questions; there is some uncertainty around
how these new arrangements will work. I encourage the
minister, if he can, to provide some comfort on those
issues. That would be good. If not, he can write to me
while the bill is between the houses.
I want to conclude by making the point that what this
government can count on in all things and at all times is
unwavering support for our cultural diversity and the
multicultural and multifaith nature of our community
today. The government can bank on that. We are
absolutely and fundamentally committed to the
promotion and celebration of our cultural diversity. We
get it; we understand it. We supported it in government,
and in opposition we will be there shoulder to shoulder
with anyone who has a similar view. That will be our
position, and the current government can bank on that
at all times and in all things.
Finally this debate provides me with an opportunity to
thank the former chair of the VMC, George Lekakis. I
had the great pleasure and privilege of working with
George during my time as the minister assisting the
then Premier and Minister for Multicultural Affairs,
Steve Bracks. George is one of those people who does
not just work to support multiculturalism, he lives to
support multiculturalism. He is a fantastic example of
someone who walks it, talks it and works it every single
day. There is no stronger supporter in our great state of
the cultural diversity, the harmony and the respect that
set us apart than George, and on behalf of the Labor
Party I commend him for his leadership and the role he
played. We wish him well in his new role, which is an
important role in and of itself. It would be wrong if we
did not take this opportunity to acknowledge the
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leadership, the passion, the vision and ultimately the
absolute credibility of George and the work he has
done. He is always consistent and always hardworking
in the pursuit of something we all value.
With those few comments I wish the bill a speedy
passage, and I look forward to the minister providing us
with some comfort on the issues I have raised. I want to
say finally that our cultural diversity is such a huge
asset to our state. All of us across the community are
charged with the responsibility to support that diversity
in any way we can.
Mr GIDLEY (Mount Waverley) — It is my great
pleasure to rise to speak in support of the Multicultural
Victoria Bill 2011. In my contribution to the debate
tonight I intend to concentrate on a couple of areas. The
first is to look at the broad values and policies that are
the driving force behind this bill and the second is to
look at how the government intends to implement them.
The bill recognises and values the cultural, religious,
racial and linguistic diversity of Victoria. It recognises
that the principles of multiculturalism are based on
citizenship. It also wishes to promote Victoria as a
united community with shared laws, values, aspirations
and, importantly, responsibilities which we as
Victorians from diverse backgrounds all play a part in
meeting. What is very clear in this bill and in the
government’s reforms is the fundamental significance
of the relationship between multiculturalism and
citizenship. It is very clear in the coalition’s policy and
throughout this bill that we recognise and celebrate the
diverse backgrounds of Victorians. We also recognise
the responsibilities that go with that diversity in our role
as citizens. When I talk about citizenship I am really
referring to the rights and responsibilities of all people
in a multicultural society.
There are some key elements in the previous legislation
which are incorporated in this bill. I do not intend to
speak on them, but there are more than a few. However,
there are some fundamental changes in this bill, and I
will highlight a couple of them to the house tonight.
One is that the government fundamentally supports the
democratic framework governed by the rule of law as a
principle of multiculturalism. I want to restate that
principle tonight, and I want to restate my view and the
government’s view that we believe Victoria and
Australia should work towards the future interests of
our people.
I note that the bill reflects the government’s view that
multicultural affairs and policy are fundamental and are
not something to play politics with. That is why I was
so pleased to see in this bill the removal of the political
Wednesday, 6 April 2011
slogan ‘A great place to live, work invest and raise a
family’. I am pleased to see that that slogan will be
removed from the legislation because as we know it
was political spin; that is all it was. It was not necessary
to include it in legislation on multicultural affairs, and I
commend the minister for removing it.
I also want to comment on clause 4(3)(f) in part 2 of the
bill, which reflects the values the coalition took to the
election. It says ‘that all individuals in Victoria should
be united in a shared commitment to Australia and to
community service’.
This is a fundamental recognition of the importance of
volunteerism, which goes hand in hand with
citizenship. We took this idea to the last election. The
people of our great state should do everything they can
to contribute the wealth they bring — the wealth of
their background, the wealth of their diversity — to
Victoria in all ways. It is great to see volunteerism so
evident throughout the bill.
The new legislation implements the
whole-of-government approach that is of fundamental
importance in the coalition’s policy document. The
government’s multicultural policy does not stop at one
office or department; it is a whole-of-government
approach. The coalition government has announced a
number of measures to ensure such an approach is
taken. In particular I highlight the establishment of a
ministerial interdepartmental multicultural services
advisory committee, which will be important to
ensuring that there is consistency across government
and that the knowledge and skills of the different
departments are brought together to put their best foot
forward on multicultural affairs.
The mechanisms for implementing the government’s
policy are important and fundamental. They represent
significant changes in Victoria. First and foremost the
bill re-establishes the Victorian Multicultural
Commission as an independent statutory office. It is
important to highlight that because it is consistent with
the overarching view of the government that the
commission needs to be seen as an independent body
with a specialist skill set that is apart from politics and
government. I note that under the existing legislation
the commission is an administrative office formed
under order in council and the Public Affairs
Administration Act 2004 and that its chair is
responsible to the Secretary of the Department of
Premier and Cabinet. One of the great things the bill
does is ensure that the commission is an independent
statutory office and that the chair is responsible to the
minister. That is important to ensure not only the
commission’s independence but also that there is the
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perception of its independence. I note the consistency
between the coalition’s election commitment on
multicultural affairs and the bill before us, which
delivers on that commitment.
A number of questions have been asked about the
independence of the commission — not necessarily the
current organisation but that of days gone by. I draw to
the attention of members the fact that at one stage 8 out
of the 12 members of the Victorian Multicultural
Commission were card-carrying members of the Labor
Party. I do not think that was healthy for the perceived
independence of the VMC or for multicultural affairs in
Victoria. One of the benefits of having an independent
statutory office — one which will be much more
independent in both reality and perception — is that we
would be less likely to see that happen again. That is
fantastic.
I bring to the attention of the house that the bill adds a
couple of key objectives to the Victorian Multicultural
Commission. One is to promote the rights and
responsibilities of citizenship as a unifying force that
strengthens our diverse multicultural community. This
highlights the government’s belief that diversity of
background and opinion is especially important to
Victoria. The legislation seeks to utilise that as much as
possible.
I am very pleased that the new commission, being
independent, will have the power to conduct research
and advise and report to the minister on a range of
issues. It is important to ensure that it has the authority
to provide that specialist advice, which is also
consistent with the coalition’s policy. It is great to see
in this legislation provision for the appointment to the
commission of a person between the ages of 18 and 24.
This is also consistent with the coalition’s policy to
ensure that there is a younger member of the
commission. I commend the minister on following that
through. It will bring an added dimension to the
commission.
On the issue of independence, one great aspect of this
legislation is that the commission can determine when
it needs to meet; it does not need ministerial direction to
do so. That is part of the added value it provides: it
ensures the perception of independence as well as the
reality. I commend the minister on this.
The provision establishing regional advisory councils
represents the bottom-up approach — rather than a
top-down approach — that is consistent with the
government’s view that the skills, resources and
knowledge of multicultural affairs from across Victoria
should be harnessed. They will be brought together
65
through the regional advisory councils, which will
ensure that the information is fed up through the VMC
and that the contributions of all people across Victoria
are valued. I note the increased reporting requirements
on the commission to make sure that it fulfils its role of
reporting on whole-of-government measures. These
requirements are stringent and effective. They will
achieve the intended outcomes. This is a great piece of
legislation that is consistent with coalition policy. It is
my great pleasure to commend it to the house.
Mr PANDAZOPOULOS (Dandenong) — I would
like to say it is a pleasure to speak on this bill, but I
think it is unnecessary. The current Victorian
Multicultural Commission (VMC) has been working
extremely effectively. As the member for Mount
Waverley in effect highlighted with the dot points in his
discussion notes, the reason this bill has been
introduced is really the perception members of the
government had of the commission when they were in
opposition. Members of the government had talked
about the independence of the commission — not
necessarily the current commission, but the past
commission — and the chair being responsible to the
minister. This highlights the paranoia members of the
government had about the commission when they were
in opposition.
Opposition members will not oppose the bill, because
the government did at least list it out in the community
and roughly said what it would do, so on that basis we
will not oppose it. However, as the Leader of the
Opposition has said, the reality is that apart from what
took place during the election campaign there has not
been a lot of discussion amongst stakeholder groups on
this issue.
I am not saying this because the multicultural
commission has worked well or because I am a former
Minister Assisting the Premier on Multicultural Affairs
and I am passionate about multiculturalism. It is also
not a criticism of the minister — who I would like to
say is a friend of mine — who understands that there is
a lot of bipartisan support for multiculturalism and that
we say certain things because we are passionate about
them. As politicians we understand that sometimes we
want to make points of difference during election
campaigns, and just because we seek to make points of
difference does not mean that they are good public
policy outcomes, and the bill we have before us is a
reflection of that. The Baillieu government when in
opposition had a point of difference with the
government of the day — that is, the former Labor
government — and there was a bit of paranoia around
the commission and its centralised focus, which
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members of the former Labor government thought
worked effectively.
The reality is that whilst it is extremely pleasing that a
consistent bipartisan approach has been taken on
multicultural affairs — and I commend the minister,
who has from the earliest days of his government put
out positive press releases and been supportive of some
of these sorts of issues, which illustrates that bipartisan
support — it does not mean that the government and
the opposition do not have differences around what is
good public policy and around resources. The minister
himself has said as much many times when he has
spoken at or attended different events.
It is important to understand that it is not only the
government of the day that has had this issue. For good
or bad, there is a bit of history in this area amongst
political parties on the other side. When I was elected in
1992, within a very similar time frame — roughly
100 days — the Kennett government abolished the
Ethnic Affairs Commission, which had its own
legislation. That commission was a similar body to the
multicultural commission — one body doing both
policy delivery and implementation, and doing the
grants program in consultation with the community.
The Liberals got into government and created two
agencies around that paranoia. They created a
multicultural commission, which we did not sack or
remove people from; we kept the same people on
board, because we knew that the people involved in
public policy in the multicultural area, irrespective of
their politics, are involved because they are passionate
about this area. They are not involved in public policy
because they can get paid more working in this area
than in other areas; they are in this field because they
strongly believe in it, and people from all sides of the
political fence are very passionate and involved in
multiculturalism.
If such people are involved in employment in this area,
they are doing it for love, not money. They are doing it
for commitment and because they understand that
consistent approaches need to be taken over time if you
are to get appropriate support from the community for
diversity and if you are to get the appropriate
recognition and service delivery for those people who
come from culturally and religiously diverse
backgrounds across Victoria to support their needs as
Victorians and as citizens of our state.
In 1992 the Kennett government sacked the Ethnic
Affairs Commission within its first 100 days; in
2011 — bingo! — and a very similar event is
happening now. I am highlighting that the government
has form in this area. Yes, when you put in a lot more
Wednesday, 6 April 2011
resources — as we did in government — sometimes
you can confuse those extra resources going out in the
community theoretically with being of political benefit
to the government of the day, or you can have a look at
that as an appropriate recognition of the need for
resources to go into the community.
In previous speeches I have given on multicultural
affairs I have highlighted that in effect the amount of
money going into multicultural affairs in the state
budget 2 years ago was a lot higher than it was 10 years
ago, but it is a pittance compared to what it is in a
whole lot of other sectors, and we get good value for
money from that funding. We should not confuse grants
to communities — grants to encourage them to share
their cultures and festivals with the broader community,
grants so that we can take programs like Cultural
Diversity Week into schools, grants that can support
seniors groups with their activities and grants so that
community groups can own their own buildings rather
than using other taxpayer-funded public buildings —
with political benefit for the government of the day that
increased those resources.
With the greatest respect to the other side, I think there
is a hint of this occurring, and we heard about it from
the previous speaker. I do not know whether the
member for Mount Waverley was right that 8 of the
12 commissioners at one point in time were members
of the Labor Party. I have no idea; that is never a
requirement for me, and it was never a requirement
when I was minister. If you simply create a new
structure because that is what you think, then you are
not doing public policy well, and I will outline some of
the problems with that.
Some might ask why the former government merged
the two organisations when I was Minister Assisting the
Premier on Multicultural Affairs. On the one hand one
organisation was able to deliver grants, consult to its
heart’s content and report to the Parliament, but if it
could not do anything with that consultation, then it was
a toothless tiger; on the other hand there was the
Victorian Office of Multicultural Affairs —
well-meaning public servants — and that agency had a
very high turnover, as any new agency will. To be
blunt, often multicultural affairs is an entry point to the
public sector and there is a big turnover of staff, which
can mean a lack of consistency in the
whole-of-government approaches that we all preach
about and support, including the government. It is good
to keep talking about having a whole-of-government
approach and developing mechanisms to develop that
approach, but it was not working, because the chair of
the commission, who reported independently to the
Parliament — —
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Mr Kotsiras — You sacked her.
Mr PANDAZOPOULOS — No, the chair of the
multicultural commission had less power, and the office
of multicultural affairs was weak in the sense that the
small number of people in that office — maybe
11 people at that point in time — were trying to move
their own agenda within a large department. Guess
what happens with departmental secretaries and the
heads of departments? Multicultural affairs is not the
big item of the budget. The departmental head tries to
protect the biggest item of the department’s budget, and
that is where most of the pressures are. The director of
the office of multicultural affairs was always battling
this scenario. The reason the Labor government brought
the two organisations together was to attain uniformity.
If you are consulting, then you need to have power and
authority. The chair of the VMC, including Stefan
Romaniw or George Lekakis, were able to meet with
Simon Overland at Victoria Police and have a
discussion. The director of the office of multicultural
affairs cannot do that, because he is not a deputy
secretary or a head of department. Try to get that same
meeting with the head of the health department, or any
other department. That simply was not happening, and
that is why we brought them together. There was no
political agenda.
They were brought together because of the principles
on which Tourism Victoria is based — and guess what?
Would government members like to know where we
found the model? We found it because I was the
Minister for Tourism. I asked why Tourism Victoria
worked: it distributes grants, consults with stakeholders,
does the policy development and delivery, and also
reports separately to Parliament under its own act of
Parliament. Tourism Victoria’s chair is independent,
which is very similar to the commission, and it works
quite well because it is all streamlined. When someone
talks about tourism, they know it is Tourism Victoria.
Of course when you are knocking on the door to have
meetings to deliver whole-of-government approaches,
this tends to happen. It is the same with Regional
Development Victoria, and the former Labor
government created that structure. What we are simply
doing now is moving away from good practice with
other stakeholder-interest organisations, like Tourism
Victoria et cetera, and what we will have is a weaker
policy outcome in the future. A less cohesive approach
will be taken. I know the minister and the Premier are
committed, but you cannot rely on commitment alone,
because at the end of the day what any minister
understands, and the current Minister for Multicultural
Affairs and Citizenship is learning it now, is that 50 per
67
cent of the time ministers work at getting the
government — the public servants — to deliver
outcomes and the other 50 per cent of the time
ministers try to plan ahead, consult and do things on
behalf of the community that elected them. If you
cannot deliver the 50 per cent that you need the rest of
government to click on, you will not perform as well,
irrespective of how well meaning the minister of the
day and the Premier of the day are in their support of
multiculturalism. To me this will mean less cohesion in
the future and fewer resources available to communities
in a competitive environment around a
whole-of-government approach to multicultural affairs,
and over time I think we will see fewer dollars for the
VMC as well.
The ACTING SPEAKER (Mr Languiller) —
Order! The member’s time has expired.
Mr WAKELING (Ferntree Gully) — It gives me
pleasure to rise to speak on the Multicultural Victoria
Bill 2011. I stand in this place very proud of the Liberal
Party’s support for multiculturalism and very
supportive of the bill that is before the house. I must say
that I was concerned and disappointed by the comments
made by the member for Dandenong regarding the
government’s agenda for multiculturalism in this state,
because we believe that multiculturalism should be
bipartisan. It should be something that is supported by
both parties, but the way in which the debate has been
conducted has been very disappointing. I must say that
that tone concerns me if that is the way we are going to
frame this debate.
Nevertheless, we believe that as an incoming
government we have an obligation to ensure that the
Victorian Multicultural Commission (VMC) operates
in a sound manner and that it is run appropriately. The
objective of this government is to improve upon the
system that was in place under the Bracks and Brumby
governments. The former Labor government had three
members responsible for multicultural affairs in
Victoria: the former Premier, who was also the Minister
for Multicultural Affairs; a Minister Assisting the
Premier on Multicultural Affairs; and a parliamentary
secretary for multicultural affairs. Despite the fact that
there were three members of the government
responsible for multicultural affairs, there remained a
lack of coordination, vision and policy in the operation
of this important portfolio.
Under the former Labor government the VMC’s
independence was compromised. Many people
believed that the VMC became a mere mouthpiece of
the former government. That was not just the concern
of members on this side of the house but one raised by
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Wednesday, 6 April 2011
many in the multicultural community. These people
expressed concern about the way in which the
organisation was being run by the former government.
Assisting the Premier on Multicultural Affairs and who
is at the table, say that he was unaware that the
people — —
The former Victorian Office of Multicultural Affairs
(VOMA) was incorporated into the VMC to guarantee
political control. Concerns had been raised about the
money spent on hiring consultants. There was very little
value for money in terms of services delivered, and in
fact issues were raised in this house by members of the
then Liberal opposition about the nearly $1.5 million
that was spent on casual and full-time staff and
consultants. So clearly there was concern about the way
in which multicultural affairs programs were being run
under the previous government.
Mr Pandazopoulos — No, I said that I doubted
whether it was true.
There was constant conflict and argument between the
VOMA and the VMC, and concerns were raised about
whether or not the minister was in control. The member
for Dandenong, who was the Minister Assisting the
Premier on Multicultural Affairs and who is at the table,
will have his opinion about the way he operated his
department, and that is his right. However, he allowed
the situation to evolve to a point where he had to
amalgamate the two organisations. There are examples
of separate organisations being created that operate
autonomously from each other. That is seen around the
world. Whether you are a minister or you are in charge
of an organisation, it is all about the way you set up a
governance model and the way you control it to ensure
that the two separate organisations operate in an
appropriate way.
I am pleased that the Minister for Multicultural Affairs
and Citizenship has taken the initiative to create this
new organisation to ensure that we put multicultural
affairs at the top of this state’s priorities, that we put
mechanisms in place that include appropriate checks
and balances, and more importantly that the
organisation responsible for dealing with many of the
ethnic groups around this state can do so without being
directly under the control of the minister. That is the
hallmark of this legislation.
Some points were raised previously about the many
affiliations that VMC members had with the Labor
Party. People in this state have the right to be a member
of any political party. There is no problem with that. All
of us in this house are members of political parties.
However, clearly there were concerns. You only have
to look at the annual report of the VMC to see the
number of staff who were members of the Australian
Labor Party. There is nothing wrong with people being
members of the Australian Labor Party, the Liberal
Party or The Nationals, but it is concerning to hear the
member for Dandenong, who was the Minister
The ACTING SPEAKER (Mr Languiller) —
Order!
Mr WAKELING — I can only say that I would
have assumed that the then minister would have been
aware of whether or not people who were serving on
his board would have been members of his own
political party. He may not have known if they were
members of another political party, but you would have
thought that in the scheme of things it would not have
been unreasonable to think that he would have known
whether or not they were members of his own political
party. We will leave that to history; history will judge
whether or not that was the case.
We on this side of the house are very proud of our
record on multiculturalism. We take the view that it is
bipartisan, and many of us have attended functions on a
bipartisan basis. Moving forward under the new
government we hope that that spirit of bipartisanship
will continue to prevail with respect to multicultural
affairs. However, the way in which the previous
government operated was deeply concerning. I am
reminded by the minister at the table, the Minister for
Multicultural Affairs and Citizenship, of the time when
he made a freedom of information request to VOMA.
An email from its then acting director was revealed,
which stated:
It looks like Nick Kotsiras wants to know what we have in
our cocktail cabinet and whether the government funds wild
parties in the boardroom.
I do not think that is the type of comment we want
made by our office for multicultural affairs.
I am advised that that particular public servant was
shifted sideways into another portfolio. Maybe that was
appropriate in the circumstances, but that demonstrates
a great concern that we have on this side of the house
about the way in which the previous system had
operated.
Another area of great concern to many members on this
side of the house is in the area of languages other than
English. That is clearly an area we have focused on as
an incoming government. There was concern that,
under the previous regime, this area was fragmented
and faltering. As we know, international students were
falling victim to growing violence on our streets and
17:00
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69
there was complete inaction by the previous
government about that issue. It was not until two years
later that the former government acted on the concerns
of international students. It took until mid-2009 for the
former government to act on that issue, and we are
seeing it played out now; we are seeing that enrolments
of Indian students, for example, are shifting to areas
such as England because they do not see this state as a
safe place to be educated. That is greatly concerning,
and I would hope in the spirit of bipartisanship we can
arrest that situation and once again make this state a
great state where international students can be educated.
One of the key functions of this bill is to repeal the
previous Multicultural Victoria Act 2004 and replace
the Victorian Multicultural Commission with a new
entity. One of the key concerns I have about this bill is
the way in which it has entered this house to be debated
today. The previous bill, the bill that was introduced by
the former Labor government in 2004, was not put up
for debate less than two weeks after being tabled in the
house as this bill has been. This first we saw of this bill
was when it was tabled here less than two weeks ago.
There has been no real opportunity for consultation
with the Victorian community.
As we know, one of the biggest employers in the city of
Melbourne is the education services sector, particularly
as it relates to international students. It is not just a
multicultural issue; it is an economic issue. It is clearly
in everyone’s interests. I am very pleased to see that
this government is going to take the lead on this issue
and that it is going to put in place the framework that is
needed. I am also very pleased that the minister at the
table, the Minister for Multicultural Affairs and
Citizenship, is very well versed with a large number of
multicultural organisations in this state. I can only hope
those opposite will be willing to embrace a bipartisan
approach and embrace this bill. More importantly, let
us focus on being positive and supporting this bill so we
can demonstrate that there is clear bipartisan support for
this bill before the house.
That stands in stark contrast to what happened in 2004
when the previous minister, the member for
Dandenong, who is in the chamber at the moment, took
the bill that was to go through the house through an
extensive consultation process. The then government
appointed a panel of three eminent Victorians, and I
think people will remember those people: Maureen
Lister, Haddon Storey and the chair, Professor John
Nieuwenhuysen. They produced a discussion paper
which went through an extensive consultation process.
There were nine community consultation forums held
throughout Victoria, both in regional Victoria and
metropolitan Melbourne. People in Victoria were urged
to contribute to the consultation process to help shape
the legislation that was then brought into the chamber.
Mr BROOKS (Bundoora) — It is a pleasure to join
the debate on the Multicultural Victoria Bill 2011. At
the outset I reiterate the very articulate comments made
by the Leader of the Opposition in his contribution
about the way that this side of the house, and I think all
members of this chamber, value the very important
contribution of multiculturalism in Victoria and the rich
diversity of our community that helps make the
Victorian community the very strong community that it
is.
The bill itself, as previous speakers on this side of the
house have mentioned, is effectively a replication of a
previous bill with some minor changes. Some of those
changes are worth supporting. The addition of regional
advisory councils is a worthwhile one, and from a
personal perspective I think it is a good addition to the
function of the Victorian Multicultural Commission
(VMC). It is a bit unclear how those regional advisory
councils will work and how they will be based, so we
look forward to hearing more detail about those. We
want to know how they will complement or, if you take
the negative view, how they might duplicate some of
the functions of existing regional bodies that already
perform fantastic work in regional Victoria and in
different parts of Melbourne.
Importantly that discussion paper was produced in
21 different languages, as you would expect of a bill of
this type, so that people from our multicultural
communities were able to have input on the important
piece of legislation that was coming into this house. It is
extraordinary that we have a bill here today that is very
similar in nature, scope and importance — everyone
agrees on the importance of this sort of legislation —
but has not gone through a similar process. It is only
available in English, so multicultural communities do
not have the benefit of the sort of consultation process
in their own languages that was afforded to them by the
original Labor process. I think that is a valid concern,
and it is something that this government hopefully takes
onboard in future initiatives in the area of multicultural
affairs.
As other members have mentioned, there are no
substantive concerns about the content of the bill as
such. However, it would be quite reasonable to expect
that the government goes out and engages the
community in conversation about what it is doing. In
part 6 of the bill, clause 26(b) outlines the need for
government departments to communicate with the
community in languages other than English and make
sure the multicultural media are engaged by
government departments. It is quite ironic that a bill
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that actually sets out the need for communication in a
range of different languages does not actually do that
itself in terms of how it came to this place.
The other aspect I want to talk about is in relation to the
media release that the minister issued announcing these
changes on 3 February. That included the
announcement that the VMC would be replaced with a
more independent public entity.
17:07
That was said to be in accordance with the
Liberal-National coalition plan for multicultural
Victoria that it took to the election. A number of
changes to the Victorian Multicultural Commission
were outlined in that policy document, but the
replacement of the VMC was not mentioned in that
policy document. Therefore I think it was unfair of the
minister to include that comment in the media release
and give people the impression that it was always
understood that the coalition would replace the VMC
when in fact that was certainly not made public.
As the Leader of the Opposition and the member for
Dandenong have made quite clear, this side of the
house, the former Labor government in Victoria, has a
very strong record in multicultural affairs. We are very
proud of that record, including support for the act that I
have just talked about, the Multicultural Victoria
Act 2004, the Charter of Human Rights and
Responsibilities Act 2006 and the Racial and Religious
Tolerance Act 2001. The Racial and Religious
Tolerance Act 2001, again, went through a very
extensive consultation process, with I think from
memory over 5000 submissions coming in. It was a
very important piece of legislation that the Labor
government was very concerned to make sure came to
this place only after going through a thorough
consultation process.
We are proud of the amount of funding that was
delivered to multicultural groups through the period of
the Labor government. We can only hope the new
government continues to support multicultural groups
throughout our community in the way that the Labor
government did. The Leader of the Opposition
mentioned a sevenfold increase in funding to
multicultural groups over the time of the previous
government. Over 2000 groups throughout Victoria are
recipients of that sort of funding. I know in my local
area there are some fantastic small local groups, groups
like the Bundoora Italian senior citizens, the Macleod
Italian senior citizens and the Diamond Valley Greek
senior citizens, which bring together older people from
non-English speaking backgrounds in their own cultural
groups over a game of cards or indoor bowls or over a
meal, which helps them connect and enjoy each other’s
Wednesday, 6 April 2011
company when otherwise they might be isolated. I
think the relatively small grants that are provided to
these groups would come out very well of a cost-benefit
analysis of the benefits they bring to our local
community.
Another great initiative of the previous government was
the Cultural Precincts Enhancement Fund, which saw
investment in our key cultural precincts — Lygon
Street, Lonsdale Street and Little Bourke Street — to
highlight and enhance those showpieces of our cultural
diversity.
There are the language services that the previous
government invested in, making sure that interpreting
and translating services were provided for government
services. Then of course there are settlement support
services. One of the services that has not received much
attention that was a fantastic initiative of the previous
government is the refugee health nurse program.
Refugees who arrive in Victoria often come from
places where there are very poor health services or
sometimes even non-existent health infrastructure.
These people, who are mainly from Africa, Asia and
the Middle East, are sometimes ineligible for Medicare
assistance. These people are assisted and their primary
health care needs are addressed by the program. That
helps them settle quicker and more comfortably into
new communities. I think that is a very important
policy initiative of the previous government. Again, I
hope the new Liberal-Nationals government continues
to support and in fact grow that vital service.
The last area that I wanted to focus on was the changes
to the VMC that have been flagged by the minister in
terms of the removal of the policy and administrative
functions from that body. I think it is important that
there is some clarity delivered around how those
changes will impact on multicultural Victoria, in
particular on how the grant allocation process will
work. My personal view is that it would be preferable
that the situation continue where there is an
independent body making decisions around grant
allocation and supporting multicultural Victorians
rather than having that happen within the Department
of Premier and Cabinet, making it effectively the
minister’s process, with the government allocating the
funding. There always will be a perception, whether it
is factual or not, that the government has influence on
how grants are distributed. I think if we are going to
have strong cultural support for multiculturalism in
Victoria it is important to remove the partisan politics
from this area. As I say, I think the best way of doing
that would be to leave the grants allocation process and
the important policy and administrative functions with
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an independent body like the VMC. I commend the bill
to the house.
Mr THOMPSON (Sandringham) — In the
chamber at the present time are people whose countries
of origin or whose parents’ countries of origin include
Uruguay, Greece, Malaysia, England, Ireland, Scotland
and Germany. That is just to run through some of the
people in the immediate arena at the present time.
Australia is a nation of immigrants and over 40 per cent
of Victorians were either born overseas or had a parent
who was born overseas. Victoria has developed the
reputation of being the multicultural capital of the
world, in addition to being the sporting capital of the
world and formerly the BYO restaurant capital of the
world. That is a reflection of the diverse backgrounds of
its citizens.
Not far from here is what we might perhaps call a
coliseum, where people have striven to advance worthy
causes in a distinctly unique Australian game. The
names that have become legends within that arena
include the Jesaulenkos and Silvagnis through to the
indigenous players, the Riolis, and the people who are
now embarking upon that code who have emerged
from the Horn of Africa region, not to mention the great
Irish experiment of people such as Jim Stynes and Sean
Wight, who made their mark on the Melbourne
Football Club. It is there in the crucible of contest that
people have had the opportunity to make their mark in
what started out as the Port Phillip District. As
successive waves of migrants have made their mark
they have built the great state of Victoria.
The bill before the house makes a number of important
changes. These are driven by the current minister, the
member for Bulleen, who spent 20 years of his life
working in this field and who understands the issues.
17:15
I pay respect to other keen contributors to the arena,
including previous speakers of the house, former
ministers, the member for Dandenong and those people
who have served in the Victorian Multicultural
Commission (VMC), who have had a great depth of
experience and expertise and who have sought to make
a contribution to the diversity and tapestry of the
Victorian community. I nominate people in my own
experience of the commission, such as Professor Trang
Thomas, Stefan Romaniw and in more recent decades
George Lekakis, who held the brief over a long period
of time.
The object of the commission is not to colonise an
organisation or entity with people of a particular
political affiliation but rather to strengthen community
groups and organisations that require support and to
71
make those organisations that are beneficiaries of the
grants program function more effectively, whether they
be dealing with the aged end of the spectrum or an
important initiative advanced by the minister at the
table, the Minister for Multicultural Affairs and
Citizenship, such as a promotion of the role of
volunteers in Victorian community life. Volunteers
have been a great hallmark of what has made Victoria a
great state in which to make a contribution.
From the wheatfields of the Wimmera, where the early
Scottish and German Lutheran pioneers worked under
the heat of the sun, through to the different parts of
Victoria where early settlers predominantly from
England, Ireland and Scotland made their way through
the goldfields, pioneers were strengthening the state to
the point at which over 100 years ago our capital city
became known as Marvellous Melbourne. At that time
we were regarded in per capita terms as one of the
wealthiest places in the world in which to live.
I would argue that the success of Victoria has not come
by chance. It has come through the heritage of the early
pioneers. I would also argue that the Judaeo-Christian
ethos and influence has been interwoven into the fabric
of Victorian and Australian institutions.
In his book The Politics of Hope Rabbi Jonathan Sacks
wrote that freedom is a moral accomplishment. It
requires strong families, cohesive institutions, habits of
civility and law abidance, and a widely diffused sense
of fellow feeling. It needs virtues, rational reflection
and conversation, courage and persistence, the pursuit
of ideas and ideals, and the carefully cultivated
disciplines of dialogue with and mutual respect for
those with whom we may disagree. It also needs
institutions that inculcate these values and role models
who might inspire our own efforts. The VMC has an
important role in this context in terms of the values
which are articulated and defined and which serve to
underpin the focus of future Victorian life.
Historically the arena of multicultural affairs has been
treated within this chamber on a bipartisan basis, and it
is very important that that be outworked on a
continuing basis so that there is a focus on inclusion in
community debate and dialogue, not the partition,
segregation or the raising of matters for pragmatic
political advantage even where opportunities for that
might arise.
There are more serious debates in the West, but this
arena is not one in which to focus on those particular
discussions. There are skilled minds and keen minds
that can tackle the review of debates that traverse the
last 1500 years that will of necessity be undertaken. I
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always liked the 13th century story that I will broadly
paraphrase of the discussion between a person of
Jewish faith, one of Muslim faith and one of Christian
faith. They did not conclude their discussion; rather
they said they would agree to disagree and would
nevertheless agree to meet again to continue their
discussions. It is very important that dialogue continues
to take place in a spirit of respect, goodwill and rapport.
As the multicultural capital of the world, Victoria has
seen successive waves of migration, including the early
Chinese settlers in the 19th century. Across the country
there was the migration of Afghani settlers, who were
involved in managing the role of camels in Central
Australia. Then there were the people who arrived from
the Mediterranean after the First World War, and then
the post-Second World War settlements of Germans,
Greeks, Italians and Slavs, followed by the migration of
the Vietnamese in the 1970s. At that time a pivotal
decision was made by former Prime Minister Malcolm
Fraser to allow the migration of Indochinese people
into the country. I had the privilege of attending a
number of community celebrations and gatherings
which marked the contribution and successful
settlement of those people from Indochina in Victoria
and their ongoing regard for freedom. At such a
gathering one Indochinese lady told me that you only
know the meaning of freedom when it is taken away
from you. There are people who migrated here from
Eastern Europe in a slightly earlier time frame who
have understood the meaning of freedom and have
sought to live in Victoria’s prosperous economic
climate that made Victoria a model which the rest of
the world could follow.
The bill before the house has made some important
changes to the structure of the commission, and I
commend the minister for those initiatives and changes,
and for the redefinition of the various bodies that
govern the implementation of policy in Victoria. In
summary I would like to make the following
comments. The role of volunteerism is pivotal to good
policy and good community outcomes in Victoria. The
engagement of the diasporas from over 200 countries
who have settled in this state is of critical importance.
There should be a process of inclusion, dialogue and
outworking of policies that are well adapted to the
Victorian and national political context so that we stand
as a stronger state and a stronger nation to meet the
challenges of the next decades.
17:22
Mr LANGUILLER (Derrimut) — It gives me
pleasure to rise in support of the Multicultural Victoria
Bill 2011 and to follow many good speakers on both
sides. It is always a pleasure to follow the member for
Sandringham. We have had this discussion among
Wednesday, 6 April 2011
members of both sides on many occasions. I say at the
outset — if Hansard is able to record my accent! — that
I am the son of a Uruguayan family of French-Italian
background, which came to this country thanks to the
generosity of this nation and the Gough Whitlam
federal government in 1974.
I turn to the things we need to do in relation to the bill. I
refer to the whole-of-government approach and the
responsibility the government departments will have
under part 6 headed ‘Reporting requirements of
government departments and ministers’. That is
fundamental. It is very good that we have a
whole-of-government approach, with government
departments having to undertake a whole range of
responsibilities and report to the minister, the
Parliament and the people of Victoria. It could not be
done properly any other way. In passing I say that I am
proud of the Australian model — indeed the Victorian
model — that we have adopted and the work that has
been done by both parties, particularly by the Labor
government from 1999 onwards, including the
Multicultural Act we introduced.
May I say that I wholeheartedly support bipartisanship.
There are no winners in wedge politics. We have only
to look to Europe, the United States of America and a
whole range of other jurisdictions. Therefore it is
incumbent on all of us to make sure that we control —
if I may say that — every member of the political
establishment in this country when they derail that
bipartisanship. There have been examples of that. I will
not refer to them because I do not wish to tarnish this
debate by referring to the examples that have from time
to time derailed that bipartisanship. We expect the
government will ensure that no member on that side or
on our side ever derails bipartisanship on this issue
because, as I said, there will be no winners.
Having regional councils is a good idea. The member
for Bundoora raised questions that are pertinent to how
they will work. I am confident the government will
work through those issues, and if necessary the
government and the minister will talk to us and to the
community in relation to that. Since we are working in
the spirit of bipartisanship we will be able to work
through them.
I refer to the consultation that took place before and
after the introduction of the bill. The minister would
have probably wanted more time for consultation
before and after he read the bill a second time for the
purpose of engaging the community in the process. As
you would know, Speaker, this is a reflection of the fact
that the government’s legislative agenda is thin. The
government has no other legislation and has had to
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bring the bill before the house today. I say to the
Minister for Multicultural Affairs that it would have
been better if the broader community of Victoria had
had more time to engage in consultation on the
legislation. However, it is good legislation, and we
should support it strongly.
I will quote from a paper that I presented probably
more than 12 months ago at a Commonwealth
Parliamentary Association conference held in New
Zealand. I talked about parliamentary democracy,
parliamentary multiculturalism and democracy in
Victoria. Given my background it would be remiss of
me not to refer to the fact that cultural diversity stems
from a shift from a policy of assimilation with a
monocultural Anglo-Saxon and Celtic ideal to a policy
of multiculturalism. That occurred when a speech was
made by an old friend of mine and a Gough Whitlam
government minister, Al Grassby. In 1973 he
introduced the term ‘multiculturalism’. That was the
first time the term entered into the rhetoric of Australian
immigration policy. Grassby’s speech — I will quote
from my own paper — ‘affirmed diversity in the
context of the United Nations International Covenant
on Civil and Political Rights’. That was an important
turning point and an important part of Labor legacy.
We stand proud of that. We are delighted to see that
other governments thereafter continued to build on that.
I turn to the history of multiculturalism. It is a bit of a
long shot, but again it would be remiss of me to not put
this on the record. Members of this house would know
that the term ‘Australia’ was first used in 1606 by
Captain Quiros, a Spanish-Portuguese captain. He used
the term ‘Austrialia del Espiritu Santo’, translated as
‘the southern land Australia of the Holy Spirit’.
Members may have read about this. When he wrote to
the king at the time about the cartography of New
South Wales it was the first time the name had been
used in relation to Australia. Members would know that
he was accompanied by Captain Torres, another
Spanish navigator who was in this region in 1606. Of
course the Torres Strait, which unites us with Indonesia,
carries his name.
Another important contribution of a multicultural
nature came from Captain Arthur Phillip. As we know
he captained the First Fleet, and he was of
German-Jewish background. His father spoke six
languages. Why do I refer to the life of Captain Arthur
Phillip? Because, as I have said in the Parliament, he
was not properly recognised by either the English in the
United Kingdom or by Australians at the time. As I
have said in this Parliament in the past, Captain Arthur
Phillip had been in my country of birth, Uruguay, prior
to arriving at Botany Bay. There is a multicultural and a
73
multilingual connection — indeed one of a
German-Jewish background — in the very birth of this
nation when Arthur Phillip arrived at Botany Bay.
I am proud of the multicultural model and the way it
works in this nation. I have looked at the models of
other jurisdictions such as Canada, the United States
and Europe, and I passionately believe we have the best
model anywhere in the world. We must treasure it, we
must protect it and we must uphold it. I commend the
government for introducing this bill. I particularly
commend the Labor government because it introduced
the Multicultural Victoria Act 2004 and the Charter of
Human Rights and Responsibilities Act 2006. Those
two acts working in conjunction are fundamental to the
wellbeing of this nation and the wellbeing of Victoria. I
am delighted to be consulted by members of
parliaments in other jurisdictions who want to look at
the way in which we do business.
It would be remiss of me not to put on the record again
and commend the work of the Victorian Multicultural
Commission. I accept that it will change. I wish it good
luck, but I am a bit concerned about it being split into
two parts. We have talked about it — the member for
Dandenong talked about it at length, and I will not
repeat that. Importantly, like the Leader of the
Opposition, I place on record my congratulations to
George Lekakis. He was a fantastic chair. He is a great
Victorian and a fantastic person who stood up for
multiculturalism in Victoria. I wish this bill a speedy
passage. I am sure it will work well. I also wish the
minister good luck. I know he will work with the
opposition and the multicultural communities well. We
look forward to strong bipartisanship in Victoria in
relation to this bill.
Mrs FYFFE (Evelyn) — I am pleased to speak on
the Multicultural Victoria Bill 2011. I start by
commending the Minister for Multicultural Affairs and
Citizenship, who travelled widely around Victoria and
consulted with every group he could possibly reach on
this legislation and what it would do. He consulted so
widely that he even spoke to a Pom, which is most
unusual when you are talking about multicultural
affairs.
I have great admiration for the person mentioned by the
previous speaker who can speak six languages. I
studied French at school for four years, and I remember
going to France thinking I that would be able to have a
conversation. To my horror, no-one could understand
my English-accented French; it was a total disaster. The
minister for multicultural affairs has his second-reading
speech for this bill available in ten different languages
on the Victorian Multicultural Commission’s website,
17:32
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and that is fantastic. It is there on the website so that
many of those who do not have English as their first
language can still read and understand it. I commend
the minister for that.
I came here in 1967 from a tiny village in the middle of
England, where my mother referred to people living
down the road as ‘the new people’ even though they
had been there for 25 years. Members can imagine that
I was not exposed to many people of different
nationalities in that tiny village. When I came here I
went to a migrant hostel where the majority of people
were English, Irish, Scottish and German. There were a
few Turkish people and a few Europeans from Baltic
countries, but it was mainly inhabited by white people.
It was great; I was quite impressed and felt quite
sophisticated having friends from other countries.
As the years have gone by I have watched the diversity
of this country grow, and it makes me so proud. There
is a beautiful mosaic of people here in Victoria. When
my family come out from England they just cannot
believe it; even though England has so many people
from many other nations, they do not get on as well as
we do. It is such a broad, warm acceptance. The
minister came to the Yarra Valley with me recently and
met with the Italian cultural group. They are people
who had been friends of mine for years, and I am
ashamed to say that I had never really thought of them
as being Italian or needing a cultural group. They are
friends with whom we have shared food and eaten
dinner. They have told me that I planted my vegetables
at the wrong time, and I have told them that their wine
was not as good as mine — all those sorts of things.
We all belong to this great nation. I go to citizenship
ceremonies and I see people moving to the Yarra
Ranges, which was predominantly Anglo-Saxon or
Dutch but is now changing. We also have people from
Africa and the Middle East moving to country areas,
which is terrific. The recent multicultural gala dinner,
which was attended by over 1400 people, was a
fantastic night featuring different languages and
costumes along with much colour and enjoyment. Like
most husbands, my husband does not enjoy dancing
very much, and I was asked to dance by a lady from our
table. In the end there were about 10 of us dancing
together. There were Indian ladies, a Malay-Chinese
lady — I think — as well as ladies from Singapore and
Africa, and we had a wonderful time dancing, laughing
and talking together. That is what Australia is all about,
and it is something very precious and something we
have to maintain.
One of the things I love about this country is the
predominant attitude of ‘live and let live’, a sentiment
Wednesday, 6 April 2011
in which the majority of Australians really believe.
They will say, ‘I may not agree with what you say, but I
will defend to the death your right to say it’ or ‘ I may
not agree with your religious beliefs, but I will defend
to the death your choice to practise the religion you
want’. That is the attitude of the vast majority of
Australians. There are a few ratbags who we always
need to guard against and work on, but when we look at
our schools and the beautiful children playing there,
enjoying things and totally enjoying their lives — —
An honourable member interjected.
Mrs FYFFE — I suppose, Speaker, I should refer to
the bill or you will pull me up. I was waxing lyrical
about how much I love this country, this state and what
it all adds up to. I look around at the faces in the
chamber today and at members with beautiful Spanish
or Greek accents — —
An honourable member interjected.
Mrs FYFFE — Yes, you do have an accent. The
Treasurer criticises me and is always asking me to say
‘vegetables’ because he says I pronounce it incorrectly,
but that is how you say it when you come from the
north of England. It is to protect that diversity that we
need this legislation and we need to have this
independent commission. This builds on the policy
which was taken to the election by the
Liberal-Nationals government, and I quote from that
policy:
We are fortunate to live in a state where our various cultures
unify us by our commitment to our nation and its democratic
institutions, laws, values and the notion of a ‘fair go’ for all.
The fair go for all is what really makes us strong. With
the right attitude and willingness, we are going to
achieve great things. We have achieved so much in the
last 40 years-plus that I have been living in Australia —
since I was a babe-in-arms!
We need this legislation in order to implement the
policies that the coalition took to the election. This bill
will incorporate an updated preamble to the
Multicultural Victoria Act 2004, it will update outdated
principles of multiculturalism, it will re-establish the
Victorian Multicultural Commission with updated
objectives and functions, and it will provide for the
establishment of eight regional advisory councils. This
is very important. I do not really live outside Melbourne
even though I think I am from the country. I am really
on the fringes, but I spend a lot of time in country
Victoria and it is very important that we have these
regional councils. Recently I spent a weekend in
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
Shepparton and saw the diversity of the nationalities
there.
Mr Kotsiras interjected.
Mrs FYFFE — I actually went with my husband,
Minister. It was a good weekend.
Thinking about Shepparton, a regional council would
mean that input from that region could be fed back to
the commission. The bill sets up the Victorian
Multicultural Commission as a statutory authority that
will report directly to the minister. It will no longer be
an administrative office aligned to any department.
I did not know a lot about the previous commission. I
have not had any complaints about it come to my
office, and I am assuming that this is because of the
consultation that the minister did. Anything that
strengthens its independence is something I totally
support. It will have a research capacity. In the couple
of minutes I have left I would like to highlight some of
the objectives of the commission, including to:
… encourage all of Victoria’s diverse communities to retain
and express their social identity and cultural inheritance and
to promote mutual respect …
How important it is that communities retain and express
their social identity as well as their cultural inheritance?
Some of the other objectives of the commission are to:
… promote cooperation between bodies …
… promote unity, understanding and harmony among …
diverse communities …
17:40
As we learn more about each other we certainly have
that coming through. I refer back to the children again
and how they play happily together as long as no-one is
telling them, ‘This person is wrong, and that person is
wrong’. The kids can teach us a lot about
understanding, harmony and working together.
The objects of the commission are also to promote
better understanding; interaction between individuals
and communities; the social, cultural and economic
benefits of diversity; the rights and responsibilities of
citizenship as a uniting force which strengthens our
diverse communities; and community service as a
principle that builds a stronger society, which of course
refers to volunteerism. Community service is
something many Australians are so good at, no matter
what is happening. When my husband was ill my
Italian neighbours brought food in when I was in this
place, and I have to tell members he ate very well — I
was quite envious. This is what we do. It is the
community service, the looking after each other, the
volunteering and the caring. No matter where we come
75
from, no matter what accent we have and no matter
what colour our skin, we are all Australians.
Mr LIM (Clayton) — As the member representing
the most multicultural seat in Victoria, I suppose I may
seek permission from the Chair to be a bit emotional
and also a little chauvinistic about this bill. Of course
the opposition does not oppose this bill, but it would be
remiss of me not to address some of the talking down
or dismissal of the achievements of the Labor
government over the past 11 years in this field. Having
said that, and noting that the Minister for Multicultural
Affairs and Citizenship is at the table, I will say that I
think it has been taken for granted that multiculturalism
is very cheap. This portfolio has the smallest budget in
the state, and that has always been the case. This is very
much my concern, and I will throw it as a challenge to
the minister later on.
Allow me, however, to address my concerns with the
bill. I have four areas of concern. Firstly, I will be in
disagreement with the previous speaker, the member
for Evelyn, who said that the minister had consulted
widely. Maybe he did consult about this bill before the
election as part of his campaigning, but insofar as the
introduction of the bill to the Parliament is concerned
there has hardly been any public consultation. This has
been drawn to my attention by many community
representatives, who have been saying they missed out
completely as far as consultation was concerned and
that therefore there has not been any awareness of this
bill in the community.
My second area of concern is the splitting of the VMC
(Victorian Multicultural Commission) and VOMA (the
Victorian Office of Multicultural Affairs). I am
surprised that we have come full circle on this, because
we had problems previously. The two had been split
during the coalition years and that created a lot of
tension, rivalry and misunderstanding, because the
respective bodies, now named VOMA and the VMC,
were contradicting each other and were in each other’s
way at the expense of the ethnic community. I could go
on with that list for a long time. I just hope that this
time the minister has got it right.
My third area of concern are the so-called regional
advisory councils. It may sound good on paper, but in
practical terms we could take the example of
Shepparton, which the Deputy Speaker, who is also the
member for Evelyn, spoke about when she was on her
feet. The regional Ethnic Council of Shepparton and
District is a giant in its own right. It is a very powerful
body with very active and committed people, and it
would be bewildering to them that the minister is
creating so-called regional advisory councils. They
MULTICULTURAL VICTORIA BILL 2011
76
ASSEMBLY PROOF
would be attending functions and meetings and asking,
‘Who the hell are these new people appointed by the
minister as members of this so-called regional advisory
council in our area?’. This is creating unnecessary
misunderstanding and rivalry in terms of policy input
and involvement in a whole range of areas as far as
multiculturalism is concerned.
The fourth area of my concern with the bill is that the
minister mentioned that some research would be done.
This is ironic. In 1992, when the coalition came to
power — I say this with the utmost respect to the
minister at the table, and this pertains to him not as a
member of Parliament or as a minister but as what he
was at the time, the most senior adviser to the then
Premier, Jeff Kennett — the whole — —
Mr Kotsiras interjected.
Mr LIM — You want to hear this. In 1992 a whole
department of the Victorian Ethnic Affairs
Commission, the equivalent then of what is now the
VMC, a department with more than 60 full-time staff,
was abolished overnight. That department had an entire
complement of research staff, and it was abolished.
This bill will not mean anything if it constitutes
window-dressing changes or if the minister is not
serious about the ethnic community. I hope he is. I
personally have enormous respect for him because of
his commitment to his portfolio area.
If you look at history, however, you see that in 1992 all
the funding grants in this area were abolished. There
was nil funding — zero funding — for the ethnic
community for the whole year. It took the Kennett
government seven miserable years — from 1992 until
1999 — to increase organisational funding to its highest
level of $700 000.
17:47
I bring this up because we need to look at the record of
governments; that cannot just be dismissed. Under the
incredible leadership of George Lekakis the VMC is the
most independent commission we have ever had. Let us
look at its achievements, because the proof is in the
pudding. When we came to power in 1999
organisational funding was $700 000. We increased
that funding each year to more than $4 million at the
time when we lost government, which is a more than
600 per cent increase in organisational funding alone. I
am not talking about the ethnic funding, which was
$4 million in the past year. We had made a promise of
another $12 million if we came back to government,
but that is history now. Let us look at the figures and at
the achievements. Labor can walk tall so far as its
achievements in multiculturalism are concerned, and
Wednesday, 6 April 2011
members of the current government should not try to
diminish that.
But the bill will mean nothing if we do not address the
concerns of the community. As I mentioned the
$4 million is nothing, because the VMC is part of the
Department of Planning and Community Development,
which dishes out more than $400 million a year to the
community, of which the VMC receives only a
miserable 1 per cent.
Artistic groups in my community, and throughout
Melbourne and Victoria, cannot get any money,
whether they be an elderly Turkish group that performs
classical dance on stage or a Chinese operatic group or
other groups that want to apply for small amounts of
funding to, for example, get costumes so they can dance
in their national dress. If they go to the VMC, they are
told, ‘We don’t have money for that kind of thing. Go
to the arts ministry’. That ministry says, ‘No, you are
migrants. You are multicultural. You should go to the
VMC’. So they end up with nothing. These people ask
me, ‘Why is it that we fund the opera, the ballet and the
symphony orchestra to the tune of millions and millions
of dollars? Why are the rich getting richer and being
subsidised with millions of dollars?’. My groups cannot
even get their costumes. They pay the same taxes, and
when they are older they want to have the satisfaction
of reviving their culture. That is the kind of issue the
minister needs to address.
A previous speaker talked about the needs of newly
arrived migrants, bearing in mind that Victoria takes
30 per cent of all migrants who come to this country.
The attractiveness of Victoria as a multicultural centre
is beyond question, and therefore unless in this new age
we rise up to the challenge, the bill will mean nothing. I
hope the minister takes these concerns into account, and
I hope he responds meaningfully and effectively. I hope
the bill fulfils the minister’s intent.
Mr NORTHE (Morwell) — It gives me great
pleasure to rise to speak on the Multicultural Victoria
Bill 2011. The bill implements the government’s
election commitment to restructure and strengthen the
multicultural affairs and citizenship portfolio. Members
from both sides of the house have commended the
responsible minister. He was very active when a
shadow minister and still is as a minister. I can certainly
attest that we enjoy his visits to the Latrobe Valley and
wider Gippsland, and we look forward to his work in
the future.
The bill seeks to establish the principles of
multiculturalism. It also establishes the Victorian
Multicultural Commission and the regional advisory
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
councils, which I will speak about a little further into
my contribution. It establishes the reporting
requirements for the commission and for government
departments in relation to service delivery.
I wish to refer to part 4 of the bill in relation to the
regional advisory councils. Clause 22(1) establishes
eight regional advisory councils for the regional areas
of the state. This element of the bill enjoys widespread
support, not only from migrant community groups in
our region but also from those who provide services to
migrants in our region. They feel this is an important
aspect of the bill which will allow those who settle in
regional Victoria and provide services to migrants to
have a say at the table.
Clause 23 details the functions of the regional advisory
councils with respect to providing advice to the
commission. Clause 24 details the constitution of the
councils and their roles. It states that a council is to
consist of:
(a) a member of the Commission referred to in
section 12(1)(e), who is to preside over the regional
advisory council; and
(b) volunteers drawn from the regional area of the State
covered by the regional advisory council.
I reiterate the point that I think it is imperative that
those who reside in regional areas of Victoria are part
of the advisory councils and have a say in the service
delivery that is provided in those areas.
The Morwell electorate — the Latrobe Valley and
wider Gippsland — has very strong links with
migrants. Indeed the very foundations of the Latrobe
Valley in some respects have been built by migrants to
this great country of ours. When you reflect on the
work ethic of migrants to this country you have to
understand what they have had to endure in order to be
successful, and you really appreciate their efforts.
When we talk in schools about the tolerance levels of
people who come from other countries it is a really
good analogy to draw for students, who might have
been born in Australia, to say, ‘Have a think about the
difficulties associated with moving school. Then maybe
think about the difficulties associated with moving to a
different town, and then think of the difficulties
associated with moving interstate. Then really ponder
the notion of coming to a completely different country’.
For that I admire our migrants, and there are many
people who have come from different countries who
are now members of Parliament in this place. My
admiration for them is immense, because they have
experienced many challenges, and in many cases they
77
have come from countries where they did not enjoy the
privileges we have here in Australia.
As one considers the profile of Latrobe city and the
Latrobe Valley you get some sense of the strength of
multiculturalism and the contribution made by migrants
to our region. In 2006 census data we see that of a
population of approximately 69 000 nearly 10 000 were
born overseas. That gives some indication of the
strength of multiculturalism and migrant groups within
the city of Latrobe.
Recently I had the pleasure of assisting the minister
with respect to some grants through the Victorian
Multicultural Commission’s community grants
program. A number of my local groups were
beneficiaries of that important program, which is an
indication of the number of community organisations
and groups in our region that provide such important
service. It is terrific to see them recognised. They
include Club Astoria, the German Australian Society,
the Italian Catholic Federation in Morwell, the
Australian Croatian Association in Gippsland, the
Greek Orthodox Community of Gippsland, the Elderly
Citizens Group, the International Women’s Group,
Morwell Senior Italian Citizens Club, the Polish Senior
Citizen’s Club of Morwell, and the list goes on. There
are a number of community organisations and groups
that provide wonderful service to our community and
demonstrate the diversity of the migrants in our region.
I also want to make mention of Gippsland Multicultural
Services, again an important organisation that assists
recently arrived migrants to settle into our community.
Without it our community would be much worse off. I
know the struggles that organisation has in terms of
funding, support and resources. It plays a critical role
within the community, and I commend Lisa Sinha and
her team for the work they do in making life that little
bit easier for migrants settling in our region.
Another strong organisation in the Latrobe Valley is the
Gippsland Ethnic Communities Council. Again, this
group consists of a number of representatives from
different migrant groups across our community, and
they play an important role within our community. For
example, members of the group participate in activities
such as hosting and conducting the multicultural
festival which I had the pleasure of attending recently.
It was a wonderful opportunity for not only local
residents but also people visiting the region to attend
this important festival where many migrant groups
were represented. They performed different dances and
activities throughout the course of the day. This very
successful event has been conducted over the last five
years or so.
17:57
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ASSEMBLY PROOF
The area where this event is hosted is called Gippsland
Immigration Park. Groups there have done a wonderful
job in constructing a wall of recognition, which is a
fantastic asset to our region. I encourage all members
who have the opportunity of travelling through our
great region to stop and have a look at what is
happening in that precinct. Migrants have the
opportunity to place their family name on this wall of
recognition to acknowledge where they have come
from and when they settled in Australia. In part, the
wall recognises the contribution those migrants have
made to our community. I commend people such as
Don Di Fabrizio, Maggie and Serge Auciello, Ted
Cowper and Graham Goulding for their continuing to
work to ensure the recognition of those migrants who
have settled in our region and made such a significant
difference.
My admiration for many migrants in our community
extends to the business fraternity, and I place on record
that I think we have a lot to learn from the strong work
ethic of people who come from other countries and just
get on with the job of having a go. They have a go and
get on with it, and they have been successful
businesspeople because of that attitude. Again I express
my admiration for them, one and all.
In our roles as members of Parliament we have the
opportunity of attending citizenship ceremonies on a
regular basis, and that is a wonderful occasion for so
many people who settle in our great country.
Citizenship ceremonies are a great opportunity for us to
participate in the celebration of what is a special day for
them. It is an opportunity I look forward to continuing
to have in the future.
I commend the minister for the great work he did in his
capacity as shadow minister for multicultural affairs
and citizenship — a role he is continuing now as
minister. I think all members of the house are as one in
acknowledging his efforts and commitment, which we
know will continue.
This bill is a great step in the right direction, and we
look forward to it passing through this house.
Ms THOMSON (Footscray) — I rise to contribute
to the debate on the Multicultural Victoria Bill 2011,
which the opposition is not opposing. Members who
spoke before me have raised the concerns we have with
this bill and its separation of responsibilities back to the
way they were prior to the election of the Bracks and
Brumby governments, with the department being
responsible for certain aspects of grant allocation and
the Victorian Multicultural Commission being
responsible for policy. Our concerns about that
Wednesday, 6 April 2011
separation have been expressed by a number of
speakers.
However, I think all of us in this house celebrate the
fact that Victoria is a beacon for other states as an
example of how multiculturalism can work and of how
we have protected and valued multiculturalism. That
multiculturalism is a very delicate thing, and it does not
take much to disrupt it. It does not take much to incite
hatred; it does not take much to see racial tensions arise.
It is important that there is bipartisan support for
multiculturalism if it is to work. There are plenty of
places within Australia, but more so outside Australia,
where we see those tensions heighten to a point where
they break. That is one thing we do not want to see in
this state.
It is true to say when you look at the past in both the
Australian and the Victorian community that people
from many countries and many ethnic backgrounds and
religions have played a role in forming what is now a
very modern society. We can see that in the politicians
in this chamber. I was tempted to get up and say that it
is great to be able to join my other wog colleagues in
this house in debating this bill, but in truth there are
many members of Parliament here who come from
many different backgrounds, and all of them bring a
wealth of tradition and heritage to this chamber. That is
a good thing; it is a great thing. We have also seen that
heritage in the governors of Victoria, including our
most recent Governor and the one who is now installed
in Government House. We have seen it in our
governors-general. It is an incredibly rich heritage. In
science, in mathematics, in education, in the law, in
sport — which of course Australians love — in music,
in entertainment, in the arts and in every field you can
think of and everywhere you look, the rich tapestry of
multiculturalism is threaded throughout. That is
something we should be very proud of.
I represent a very multicultural electorate that is based
on refugees, really — waves and waves of them. It is a
traditional and very working-class Anglo electorate that
has welcomed people from many places around the
world and said, ‘You can come here, you can feel free,
you can take part in democracy, you can take jobs, you
can participate in education and you can express your
opinion’. We welcome that. Footscray is a much richer
place for the people of many cultures who have come
and made it the new and modern Footscray that it is
now.
I am proud of my own heritage, which involves
Russian and Polish Jews coming out to Australia at the
onset of the war. My mother’s parents set up an orchard
in Shepparton and then moved to Carlton, which is a
18:05
PUBLIC HOLIDAYS AMENDMENT BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
place to which a lot of Jews moved, joining with the
Italians and making a rich and vibrant community there.
All these people have brought a lot to Victoria and
enriched our lives.
The bill creates the opportunity to see the next phase.
Time will tell whether it is the right model. In truth the
Bracks and Brumby governments did much to ensure
that all people coming to Victoria, no matter where they
came from — whatever their faith, colour of their skin
or their ethnicity — were welcomed as equals and were
encouraged to play a role in the development of
Victoria’s society.
We saw that with the Racial and Religious Tolerance
Act 2001, the Equal Opportunity Act 2010 and the
original Multicultural Victoria Act 2004 that saw the
establishment of the Victorian Multicultural
Commission.
I too pay tribute to George Lekakis, chair of the VMC,
and all the commissioners of the VMC. They did an
outstanding job in promoting multiculturalism and
racial tolerance. They have served Victoria very well. I
do not think any member of this house would have
gone to an ethnic community function and not either
seen George Lekakis there or heard everyone talking
about how he had been at the previous function that
they had held. I do not think anyone could keep up his
pace. I do not know how he did it. Every member of
Parliament would have looked at the way he did it and
asked, ‘How the hell does he attend that many
functions, support so many communities and make
them understand how much they are valued by the
government, the Parliament and the people of
Victoria?’. I wish George Lekakis well for the future.
He served Victoria extremely well, and he deserves a
great deal of credit. We owe him a great debt for the
way in which he has helped mould multiculturalism in
his time as chair of the VMC. I wish George all the best
in his future endeavours.
We have heard much about the bipartisan approach to
multiculturalism. I hope all members will respect that
bipartisanship. I hope individual members will think
very carefully about what they say in this place, what
they put on websites, what they twitter in an indulgent
moment and what they say in their communities,
because we have a serious responsibility to foster the
multicultural environment. As I said at the start,
multiculturalism is a delicate beast. It is easily broken,
and we must remember that. We saw some of the
tensions here around Indian students. We saw what it
could mean if we allowed it to fester. We did not; we
nipped it in the bud. We took care of that issue, but it is
still out there. There is within any community the
79
capacity for racism or ethnic hatred to rise up. I ask that
all members, not just in this place but in the other place
as well, take very seriously the responsibility they have
to foster multiculturalism. If they do not believe in it —
and I know some do not — I urge them to be careful
what they say and what they play politics with, because
they do not want to wear the responsibility for the
consequences that may come with that. I am proud to
be a Victorian who can travel, and has travelled, to
many places and talk about the multicultural nature of
Victoria and what it has to offer.
I pay tribute to Ahmed Kelly, who has just broken the
100-metre breaststroke world record. He is a modern
demonstration of a young person and a beacon of
citizenship. He came from Iraq, has become a proud
Australian and has taken on sportsmanship. He was
born without fully developed arms, but he kept battling.
He found an Australian who was prepared to adopt him
and bring him to Australia, enriching his experience of
life. He has made all our lives richer.
Debate adjourned on motion of Mr KATOS (South
Barwon).
Debate adjourned until later this day.
18:12
PUBLIC HOLIDAYS AMENDMENT BILL
2011
Statement of compatibility
Ms ASHER (Minister for Innovation, Services and
Small Business) tabled following statement in
accordance with Charter of Human Rights and
Responsibilities Act:
In accordance with section 28 of the Charter of Human Rights
and Responsibilities, I make this statement of compatibility
with respect to the Public Holidays Amendment Bill 2011.
In my opinion, the Public Holidays Amendment Bill 2011, as
introduced to the Legislative Assembly, is compatible with
the human rights protected by the charter. I base my opinion
on the reasons outlined in this statement.
Overview of bill
The Public Holidays Amendment Bill 2011 seeks to allow
municipalities in country Victoria to request one whole day,
or two half-day public holidays, in lieu of Melbourne Cup
Day, across the whole or part of a municipality.
The Public Holidays Amendment Bill 2011 amends the
Public Holidays Act 1993 (the Public Holidays Act) by
inserting a new section 8A. The new section 8A provides that:
Non-metropolitan councils may request one whole day
or two half-day public holidays in lieu of Melbourne
Cup Day; and
PUBLIC HOLIDAYS AMENDMENT BILL 2011
80
ASSEMBLY PROOF
Non-metropolitan councils may request that a full-day,
or two half-day substitute public holidays, taken in lieu
of Melbourne Cup Day, apply to part of a municipality.
Where a substitute public holiday or two substitute
half-holidays have been declared and gazetted in reference to
part of a municipal district, the two substitute half-day
holidays, or the whole day public holiday, will only apply in
that part of the district or municipality. All Victorians will
continue to be entitled to the same number of public holidays.
Choice of two half-day public holidays or one whole day
public holiday in lieu of Melbourne Cup Day
Currently, subsection 8(3) of the Public Holidays Act
provides that non-metropolitan councils may request in
writing that the relevant minister make a declaration
appointing a substitute public holiday in lieu of Melbourne
Cup Day. However, subsection 8(5)(a) of the Public Holidays
Act does not allow non-metropolitan councils to request two
half-day substitute holidays. Many regional shows and Cup
Day events are half-day events.
The new section 8A will repeal subsection 8(5)(a) and
provide that non-metropolitan councils may request two
half-day public holidays as a substitute for Melbourne Cup
Day. Non-metropolitan councils must request either one
whole day, or two half-days, to ensure that regional
Victorians receive the equivalent of one whole public holiday
in lieu of Melbourne Cup Day.
Part-shire arrangements
Currently, subsection 8(4)(b) of the Public Holidays Act does
not allow substitute public holiday arrangements to apply to
different parts of the municipality. Instead, non-metropolitan
councils are required to observe the substitute public holiday
across the whole of a municipal district.
The new section 8A will repeal subsection 8(4)(b) and
provide that non-metropolitan councils can request that either
the two half-day holidays, or the full-day public holiday,
taken in lieu of Melbourne Cup Day, may apply to part of the
municipality. The amendments will stimulate local regional
communities by allowing them to celebrate their own
particular shows and events in their particular part of the
shire.
Human rights issues
The amendments do not engage the charter, because all
Victorians will continue to receive the same net number of
public holidays, although they may be across different days.
People living in regional and metropolitan areas will receive
the same number of public holidays per annum.
Wednesday, 6 April 2011
That this bill be now read a second time.
The Public Holidays Amendment Bill 2011 provides
for non-metropolitan councils to request either one
whole day or two half-day public holidays as a
substitute for Melbourne Cup Day. The bill also
provides that non-metropolitan councils may request
that substitute Melbourne Cup Day holiday
arrangements apply to either the whole or different
parts of their municipalities.
The bill amends the Public Holidays Act 1993 by
repealing the unnecessarily restrictive and inflexible
provisions enacted by the former government in 2008.
In recent years non-metropolitan councils have not had
the flexibility to request two half-day public holidays or
part-shire arrangements, because of those amendments
made by the former government. However, many
regional shows and cup day events are in fact half-day
events, and many might be relevant to only one part of
a shire, such as the Speed Field Day in Buloke shire, or
the Rupanyup Agricultural and Pastoral Show Day in
Yarriambiack shire.
The restrictive requirement for whole day and whole
shire public holidays in lieu of Melbourne Cup Day
ignores the fact that some country municipalities have
two or more communities within their municipality and
that their communities have different local show day
and cup day arrangements. This has had negative
consequences for agricultural shows and events held in
regional Victoria. Many local race days and shows have
lost customers and turnover.
A greater number of agricultural shows and regional
cup days across Victoria can now be more
appropriately celebrated. If the council so requests, the
Rainbow Agricultural and Pastoral Show can be
celebrated in the Rainbow district of Hindmarsh, while
the Jeparit Agricultural and Pastoral Show can also be
celebrated in the Jeparit district of Hindmarsh. Many of
these types of events have simply missed out on being
celebrated in recent years. Regional councils have faced
a dilemma because they have been forced to recognise
one regional event at the expense of others.
Conclusion
I consider that the bill is compatible with the charter because
it does not raise any human rights issues.
The Hon Louise Asher, MP
Minister for Innovation, Services and Small Business
Second reading
Ms ASHER (Minister for Innovation, Services and
Small Business) — I move:
Non-metropolitan councils will now have the flexibility
they need with regard to substitute public holidays and
regional Victorians, including schoolchildren, will
benefit from the greater opportunities to celebrate and
attend their own local show days.
The government supports an equal number of public
holidays for regional Victorians and residents of
Melbourne. Importantly, the government will therefore
also ensure that the same number of public holidays
CRIMES AMENDMENT (BULLYING) BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
applies across Victoria. All Victorians, whether they
live in regional Victoria or metropolitan Melbourne,
will still be entitled to 11 public holidays per annum.
Melbourne Cup Day will continue to be the automatic
default public holiday throughout Victoria. Where
substitutes are requested, non-metropolitan councils
will be required to request either one whole day or two
half-days. Where a substitute public holiday or two
substitute half-holidays have been declared and
gazetted in reference to a part of a municipal district,
Melbourne Cup Day continues to apply in all remaining
parts of that municipal district.
Specifically, the bill repeals the former government’s
unnecessarily restrictive provision of 2008 and inserts a
new section 8A. The new section 8A(1) provides that
non-metropolitan councils may request either two
half-day public holidays or one whole day public
holiday in lieu of Melbourne Cup Day. Section 8A(1)
also provides that a non-metropolitan council may
request that the substitute public holiday arrangements
apply to all or part of that council’s municipal district.
In conclusion, this bill reaffirms the government’s
commitment to regional communities by
acknowledging their contribution to Victoria.
I commend the bill to the house.
Debate adjourned on motion of Ms NEVILLE
(Bellarine).
Overview of bill
Human rights issues
1.
Human rights protected by the charter that are
relevant to the bill
The bill positively engages and fulfils the right to liberty and
security of the person (section 21, charter act), freedom of
movement (section 12, charter act) and the right to protection
from cruel, inhuman or degrading treatment (section 10,
charter act).
Serious bullying conduct involves repeated, socially
aggressive behaviour aimed at causing another person
physical or mental harm. In this way, serious bullying can
cause the victim to fear for their safety, thereby infringing on
their sense of physical security. Further, the impact of this
fear can affect the victim to the point where his or her
decisions and movements are impacted, thereby limiting their
freedom of movement and their liberty.
Serious bullying can affect the victim’s physical or mental
well-being in a manner that may cause them serious physical
or mental pain or suffering, humiliation and/or debasement
This is a serious breach of a victim’s right to protection from
cruel, inhuman or degrading treatment. It is not necessary for
the harm to be intentionally inflicted in order for this right to
be violated. That right is violated by serious bullying conduct
that diminishes a person’s dignity and causes feelings of fear,
anguish or inferiority capable of breaking a person’s moral
and physical resistance.
By ensuring that serious bullying conduct is recognised as an
indictable offence, the amendments in the bill will protect
these rights. The bill aims to deter such conduct in the
community by providing that where such conduct occurs, it
will be charged and punished under the criminal law.
Debate adjourned until Wednesday, 20 March.
2.
CRIMES AMENDMENT (BULLYING) BILL
2011
The bill prevents abusive or offensive words or acts in the
presence of a victim where that conduct is intended to cause
harm (or the accused knew or ought to have understand that
the conduct would have that effect).
Statement of compatibility
Mr CLARK (Attorney-General) tabled following
statement in accordance with Charter of Human
Rights and Responsibilities Act:
In accordance with section 28 of the Charter of Human Rights
and Responsibilities, I make this statement of compatibility
with respect to the Crimes Amendment (Bullying) Bill 2011.
In my opinion, the Crimes Amendment (Bullying) Bill 2011,
as introduced to the Legislative Assembly, is compatible with
the human rights protected by the charter. I base my opinion
on the reasons outlined in this statement.
Freedom of speech
Explicit in the section 15 right to freedom of expression is the
statement that “[s]pecial 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…”.
Whilst the amendment may engage the section 15 right, it is a
lawful restriction to freedom of speech consistent with
section 15(3), necessary to protect the rights of victims.
The purpose of the restriction is necessary to ensure the
respect and protection of a victim’s rights to liberty and
security, movement and protection from cruel, inhuman or
degrading treatment.
The bill limits only offensive words or acts which are
intended to (or which the person ought to have understood
would be likely to) cause physical or mental harm in the
victim, or arouse fear or apprehension in the victim for their
safety or that of another person.
In this very limited situation, the rights of all members of the
community to rights to liberty and security, movement and
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CRIMES AMENDMENT (BULLYING) BILL 2011
82
ASSEMBLY PROOF
protection from cruel, inhuman or degrading treatment should
prevail over the right of the accused to free expression.
Conclusion
In my opinion, the Crimes Amendment (Bullying) Bill 2011,
as introduced to the Legislative Assembly, is compatible with
the human rights protected by the charter act.
Robert Clark, MP
Attorney-General
Second reading
Mr CLARK (Attorney-General) — I move:
That this bill be now read a second time.
The government is committed to addressing serious
bullying in the community. The bill honours this
commitment by strengthening the law of stalking to
cover the full range of serious bullying.
Bullying is a term widely used to refer to conduct
involving repeated verbal, physical, social or
psychological attacks upon a person that causes the
victim distress at the time and into the future because of
fear of further occurrences.
Bullying can be committed by people of different ages,
in a variety of ways and in a variety of situations
including workplaces, schools, sports clubs and
shopping centres. This wide range of potential bullying
situations demands that a wide range of responses is
available.
These responses sit in a hierarchy. Bullying conduct in
the workplace is normally prosecuted and punished
under the Occupational Health and Safety Act 2004. If,
however, the conduct and consequences of the bullying
behaviour are extremely serious, the bill provides
another response — that of prosecution under the
Crimes Act for the offence of stalking.
In September 2006, Brodie Panlock, a young
19-year-old woman with her life before her, tragically
ended her life after enduring a persistent campaign of
appalling bullying. Her death was a tragic reminder of
the serious consequences that bullying can have on
victims, their families and the community.
This tragedy was compounded by the fact that none of
those responsible for the bullying was charged with a
serious criminal offence under the Crimes Act. Instead,
each offender was convicted and fined under provisions
of the Occupational Health and Safety Act. While that
act has an important role in addressing significant
workplace issues, this case demonstrates that the worst
cases of serious bullying demand redress through the
criminal law.
Wednesday, 6 April 2011
The government has therefore resolved to act swiftly
and effectively to address this issue.
As part of its commitment to community safety, the
government will strengthen the criminal law to ensure
that bullying, be it in the workplace or elsewhere in the
community, is treated with the seriousness it deserves.
The bill offers protection to people who have been
bullied and provides serious consequences for those
who engage in serious bullying conduct where they
intend to cause harm or fear, or should have known that
their actions would be likely to have that result.
The current stalking provisions in the Crimes Act
provide that a person stalks another if he or she engages
in any course of conduct with the intention of causing
physical or mental harm to another, or the intention of
arousing apprehension or fear in the victim.
In order to ensure that serious bullying behaviour is
clearly dealt with by the Crimes Act, the bill amends
the current stalking provisions in four key ways.
First, the bill makes clear that threats and abusive and
offensive words or acts may form part of the course of
bullying conduct.
Second, the bill broadens the description of a ‘course of
conduct’ to include any conduct that could reasonably
be expected to cause the victim to physically harm
themselves. While it is clear that the current provision
will apply to conduct causing a victim to fear harm at
the hands of the perpetrator, it is not clear whether it
extends to conduct which causes a person to harm
themselves. This amendment is necessary to make clear
that the offence extends to conduct which causes a
victim to engage in self-harm.
Third, the bill provides that the fault element includes
the intention to cause the victim to physically harm
themselves. Under the existing provisions, it is unclear
whether the intention to cause harm extends to cover an
intention to cause the victim to harm themselves. The
bill will resolve this uncertainty and make clear that the
requisite intention for stalking includes the intention to
cause a person to harm themselves.
Fourth, the bill expressly provides that, for the purposes
of this offence, mental harm includes psychological
harm and causing a victim to engage in suicidal
thoughts. Currently, the term ‘mental harm’ is not
defined. Bullying is behaviour that is calculated to
cause mental harm to others. The behaviour often
results in a victim suffering from a sense of
powerlessness and despair. In some cases, the distress
bullying causes its victims is so severe that it causes the
victim to engage in suicidal thoughts. The bill therefore
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FAMILY VIOLENCE PROTECTION AMENDMENT (SAFETY NOTICES) BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
makes clear that mental harm includes psychological
harm and causing a victim to have suicidal thoughts.
In addition to enabling prosecution under the Crimes
Act 1958 for serious bullying that has already occurred,
the bill allows steps to be taken to prevent serious
bullying through the use of intervention orders. If
satisfied that an applicant is being seriously bullied and
that it is likely to continue, the Magistrates Court can
issue an intervention order under the Stalking
Intervention Orders Act 2008 to quickly address the
ongoing conduct and prevent it from continuing.
Breach of the intervention order can be charged as a
separate criminal offence.
Everyone has the right to feel safe in our community.
No one should be forced to endure the fear and
degradation of persistent bullying. No family should be
forced to grieve the loss of a child resulting from the
cowardly acts of bullies.
This bill sends the strong signal to would-be offenders
that the government will not tolerate bullying
behaviour. Where serious bullying behaviour occurs it
will be charged and punished with the full force and
stigma of the criminal law. Serious bullying conduct is
now clearly punishable by up to 10 years
imprisonment. By strengthening the Crimes Act 1958
in this way, the bill affirms the government’s
commitment to promoting community safety and
reducing crime.
I commend the bill to the house.
Debate adjourned on motion of Mr WYNNE
(Richmond).
Debate adjourned until Wednesday, 20 April.
FAMILY VIOLENCE PROTECTION
AMENDMENT (SAFETY NOTICES) BILL
2011
Statement of compatibility
Mr CLARK (Attorney-General) tabled following
statement in accordance with Charter of Human
Rights and Responsibilities Act:
In accordance with section 28 of the Charter of Human Rights
and Responsibilities, I make this statement of compatibility
with respect to the Family Violence Protection Amendment
(Safety Notices) Bill 2011.
In my opinion, the Family Violence Protection Amendment
(Safety Notices) Bill 2011, as introduced to the Legislative
Assembly, is compatible with the human rights protected by
the Charter. I base my opinion on the reasons outlined in this
statement.
Overview of bill
The bill repeals the sunset provision for family violence
safety notices (FVSNs). It also clarifies the power of the
Magistrates Court in relation to adjournment of intervention
order applications brought by way of FVSN and the power of
the Magistrates Court to make intervention orders where the
protected persons does not consent to the making of the
application by police and/or the order by the court.
Family violence safety notices were introduced in 2008 and
allow police to impose short term protective conditions after
hours for victims of family violence, pending further hearing
by a court. These police issued FVSNs have a maximum
length of 72 hours, and must be returned to a court within that
time. The provisions were designed to sunset so that FVSNs
could be trialled and evaluated.
Human rights issues
There are a number of human rights engaged by the bill. Prior
to analysing the rights in detail I wish to make the following
general comment.
The key purpose of the bill is to ensure that victims of family
violence, mostly women and children, are afforded effective
protection both within and outside the family home. I believe
the bill achieves this through embedding FVSNs as an option
available to police when responding to incidents of family
violence, and clarifying the powers of the Magistrates Court
in relation to adjournment of and consent to applications for
family violence intervention orders.
Clauses 3 and 4
Clauses three and four clarify the court’s power to adjourn
applications for family violence intervention orders
commenced by way of a FVSN.
In clarifying the court’s power to adjourn applications
commenced in this way a number of rights may be limited
including the protection of families and children (s 17) and
the right to liberty and security of the person (s 21). These
rights may be limited as affected family members may be
placed in a position where they are without protection
between the end of the FVSN and the court’s final
determination of the intervention order application, thereby
potentially exposing them to the family violence the FVSN
was issued to limit.
This limitation is considered reasonable as the adjournment of
the family violence intervention order application may be due
to the court requiring clarification or further evidence on
which to make a final determination, or the failure of the
parties to attend the hearing. In addition without clarification
of the power to adjourn, the court, faced with insufficient
evidence at the first hearing, may strike out the application
without any further consideration of the protective needs of
the affected family members, thereby leaving them
completely exposed to a recurrence of family violence. This
limitation is also balanced by the respondent’s right to a fair
hearing (s 24) because if they are unable to attend the first
hearing an intervention order may be made against them
without being given the opportunity to present their case.
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FAMILY VIOLENCE PROTECTION AMENDMENT (SAFETY NOTICES) BILL 2011
84
ASSEMBLY PROOF
Wednesday, 6 April 2011
As such the limitations are considered reasonable taking into
account the reasons of magistrates for adjourning hearings
and the rights of the respondent.
that some provisions may limit human rights, those
limitations are reasonable and demonstrably justified in a free
and democratic society.
Clause 5
Robert Clark, MP
Attorney-General
Clause five of the bill repeals section 41 of the Family
Violence Protection Act 2008 (the act), thereby embedding
FVSNs as one of the suite of options available to police when
responding to incidents of family violence.
Preservation of the FVSN regime assists in ensuring that
affected family members receive effective protection from
family violence after hours, on weekends and during public
holidays. This protection afforded by FVSNs enhances a
number of rights including the right to life (s 9), freedom
from inhumane or degrading treatment (s 10), the protection
of families and children (s 17) and the right to liberty and
security of the person (s 21). Family violence safety notices
enhance the protection of these rights through, for example,
offering affected family members immediate protection from
family violence thereby allowing them a greater opportunity
to live a life free from family violence and the threat or fear of
family violence.
Preservation of FVSN will continue to place limitations on
some rights of the respondent including the right to privacy
(s 13) and property rights (s 20), for example through
imposing a condition excluding the respondent from the
family home for a period of up to 72 hours. Whilst the
respondent’s rights may be limited through the imposition of
conditions on the FVSN, these limitations are considered
reasonable taking into account the seriousness of family
violence, the real risk of irreparable harm or threat to life of
affected family members and the limited duration of FVSN.
Clauses 6, 7, 8 and 9
Clauses six through nine of the bill clarify the courts power to
make or amend a limited intervention order where the
application brought by police and/or the courts order is not
consented to by the protected person. The clause also clarifies
that if a child(ren) is also on the application with an adult who
is not consenting to the application and/or the order, the court
can still make a limited order. The court’s power to make or
amend an order engages the right to liberty and security of the
person (s 21). This right in engaged as an intervention order
may be made where the affected family member does not
consent to the making of the order. The right is limited
because the court is placing conditions on the way the
affected family member lives their life that have not been
consented to. Any limitation which may be placed on this
right is, however, balanced by the right to protection of
families and children (s 17) as the limitation is designed to
protect children from the effects of family violence whilst
recognising the importance of minimising disruption to the
child(ren)’s relationship with the respondent parent and
maintaining contact between parents and their children where
possible.
If the court is concerned that a child will not be appropriately
protected by the limited order, then the court can make an
intervention order to protect the child on its own initiative
under s 77 of the act.
Second reading
Mr CLARK (Attorney-General) — I move:
That this bill be now read a second time.
Reports of family violence in our community are
continuing to increase. During 2009–10, police
responded to over 35 000 incidents of family violence,
a 5.4 per cent increase on the previous year. Women
and children suffer the most from the effects of family
violence. Women are over three times more likely to be
victims of family violence than men and around one in
four children have witnessed family violence. As a
society we have a responsibility to ensure that women
and children are able to live a life free from violence,
both within and outside the family home.
In November 2003 the opposition released a policy to
give greater protection to women and children who
were the victims of family violence. The policy
provided for on-the-spot interim intervention orders for
up to 72 hours in circumstances where victims required
immediate protection from the perpetrator of family
violence.
It was not until the introduction of the Family Violence
Protection Act 2008 that the then government accepted
the merits of the opposition’s position on the need for
immediate protection measures for victims of family
violence when they introduced similar provisions called
family violence safety notices. The opposition parties
supported the introduction of family violence safety
notices, but were disappointed that they were only
introduced as a trial, pending the outcome of an
evaluation.
The family violence safety notice provisions introduced
in 2008:
provide immediate safety for victims and their
children;
can include a condition to exclude a violent party
from the home;
act as an application to the Magistrates Court of
Victoria for a family violence intervention order;
Conclusion
act as a summons to attend court; and
I consider that the bill is compatible with the Charter of
Human Rights and Responsibilities Act because, to the extent
must be returned to court for review within 72 hours
FAMILY VIOLENCE PROTECTION AMENDMENT (SAFETY NOTICES) BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
The evaluation has now occurred and has clearly
demonstrated the contribution of family violence safety
notices to protecting victims of family violence. The
evaluation found that family violence safety notices:
contributed to an improved after hours response to
incidents of family violence;
led to an increase in civil actions taken against
perpetrators of family violence;
improved victim safety by removing the burden of
decision-making from the affected family member to
the police; and
increased perpetrator accountability by providing a
clear and immediate message that family violence is
unacceptable.
Through the introduction of this bill the government is
ensuring that family violence safety notices are
embedded as one of a suite of options available to
police when responding to incidents of family violence
to ensure that women and children are afforded a
greater level of protection from family violence.
In addition to embedding the family violence safety
notice regime, the bill clarifies the Magistrates Court
powers in relation to two provisions.
First, magistrates have the power to adjourn
applications for intervention orders commenced by way
of family violence safety notice where no interim or
final intervention order is made on the first hearing
date. This confirms that where the court is faced with
insufficient evidence at the first hearing, the court has
the ability to adjourn the application to a later hearing
date, allowing the parties time to gather the required
evidence and attend court. The ability to adjourn
hearings in this way ensures that applications are not
struck out without further consideration of the
requirement for additional protection from family
violence for the affected family members.
Second, under current law, police can make an
application for a family violence intervention order to
protect a victim of family violence even if that person
does not consent to the police taking that action. The
amendment simply confirms that when police bring
these applications, with or without the consent of the
affected family member, if the affected family member
does not consent to the court making the order, the
court can still make a limited order that protects the
affected family member but does not necessarily affect
the living arrangements of the parties.
85
Where there is a police application for making or
amending a single intervention order that protects an
adult and a child(ren), the amendment confirms that the
court may still make a limited order in circumstances
where the adult does not consent to the making or
amending of the order.
The amendments to section 75 of the act maintain the
existing balance between providing protection and
respecting the wishes of the affected family members
throughout the intervention order process, from
application to the making of a final order. This balance
is of particular importance as very often the affected
family member, whilst recognising they may require
protection, will not seek an intervention order for fear
of retribution from the perpetrator. The complex nature
and dynamics of family violence are such that often
even where the affected family member does have the
courage to initiate a family violence intervention order,
or to support the police to apply on their behalf, they
may be pressured by the perpetrator into withdrawing
or opposing the application. The amendments confirm
that police and the courts have the power to take
protective action for those who may not have the
capacity to act in their own interests and afford affected
family members protection under the Family Violence
Protection Act 2008.
Finally the bill amends sections of the Personal Safety
Intervention Orders Act 2010. The Personal Safety
Intervention Orders Act 2010 provides courts the power
to make intervention orders in circumstances that do
not involve family violence. To ensure consistency and
clarity for the police and courts, provisions relating to
intervention orders in the both Family Violence
Protection Act 2008 and the Personal Safety
Intervention Orders Act 2010 are procedurally
identical. Amendments will be made to the Personal
Safety Intervention Orders Act 2010 for intervention
orders where the affected person does not consent to an
application brought by police or the court making or
amending the order. This will ensure continued
consistency between the two acts.
I commend the bill to the house.
Debate adjourned on motion of Mr WYNNE
(Richmond).
Debate adjourned until Wednesday, 20 April.
DENTAL HOSPITAL LAND BILL 2011
86
18:30
ASSEMBLY PROOF
DENTAL HOSPITAL LAND BILL 2011
Statement of compatibility
Mr R. SMITH (Minister for Environment and
Climate Change) tabled following statement in
accordance with Charter of Human Rights and
Responsibilities Act:
In accordance with section 28 of the Charter of Human Rights
and Responsibilities, I make this statement of compatibility
with respect to the Dental Hospital Land Bill 2011 (the bill).
In my opinion, the bill, as introduced to the Legislative
Assembly, is compatible with the human rights protected by
the charter. I base my opinion on the reasons outlined in this
statement.
Overview of bill
The purpose of the bill is to facilitate construction of the new
Victorian Comprehensive Cancer Centre at 711 Elizabeth
Street, Parkville, by revoking the current permanent
reservation of the site as a dental hospital and dental school.
Human rights issues
1.
Human rights protected by the charter that are
relevant to the bill
Property rights
Section 20 of the charter protects against deprivation of
property other than according to law. This bill does not
engage section 20 because no property rights are affected by
the bill. The only property right in existence at the Parkville
site is a lease, which is expressly preserved by clause 5 of the
bill.
Conclusion
I consider that this bill is compatible with the Charter of
Human Rights and Responsibilities.
Ryan Smith, MP
Minister for Environment and Climate Change
Minister for Youth Affairs
Wednesday, 6 April 2011
The Victorian Comprehensive Cancer Centre will
provide a world-class centre of excellence for the
research and treatment of cancer. It will bring together
recognised leaders in cancer research, clinical services,
education and training — including the Peter
MacCallum Cancer Centre, Melbourne Health (which
includes the Royal Melbourne Hospital), the University
of Melbourne, the Parkville branch of the Ludwig
Institute for Cancer Research Melbourne, the Walter
and Eliza Hall Institute of Medical Research, the Royal
Women’s Hospital and the Royal Children’s Hospital.
The fundamental objective of the Victorian
Comprehensive Cancer Centre is to reduce the burden
of cancer. This will be achieved through the
collaboration of recognised leaders in the delivery of
clinical services to cancer patients, through an increased
investment in biomedical research and through the
translation of innovative research discoveries into
clinical practice and care. This collaborative approach
will facilitate the continued education and training of
current and future cancer clinicians and researchers,
ensuring that Victoria retains a strong specialist cancer
workforce.
The Victorian Comprehensive Cancer Centre will
benefit all Victorians, providing services and treatment
to patients from rural and regional parts of Victoria. In
addition the procurement, design, construction and
operation phases of the project will result in significant
industry participation, employment and skills
development.
Both the Victorian and commonwealth governments
have committed substantial funding to the development
of the Victorian Comprehensive Cancer Centre, along
with contributions from other sources. Projected
funding for the project is estimated at $1 billion. This
represents a significant investment in the health and
wellbeing of Victorians.
Second reading
Mr R. SMITH (Minister for Environment and
Climate Change) — I move:
That this bill be now read a second time.
The purpose of this bill is to facilitate construction of
the new Victorian Comprehensive Cancer Centre on the
former site of the Royal Dental Hospital in Parkville.
Cancer is the greatest cause of mortality in Victoria and
its impacts on the community are significant. The care
of cancer patients represents a significant proportion of
all health care delivered in Victoria. This government is
committed to funding and supporting cancer services
for the benefit of Victorians.
The Parkville site on which the Victorian
Comprehensive Cancer Centre will be developed is
permanently reserved for use as a dental hospital and
dental school. This bill will remove the current
permanent reservation over the site in order to facilitate
use of the site for more general health purposes,
enabling construction of the Victorian Comprehensive
Cancer Centre to commence. The bill also makes
consequential amendments to the Royal Melbourne
Hospital Act 1935 to remove spent provisions
associated with the site.
This bill will enable the development of a world-class
comprehensive centre for the research and treatment of
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
cancer, facilitating a collaborative approach to fighting
cancer and reducing its impact on the community.
I commend the bill to the house.
Debate adjourned on motion of Mr WYNNE
(Richmond).
Debate adjourned until Wednesday, 20 April.
20:00
Sitting suspended 6.33 p.m. until 8.01 p.m.
MULTICULTURAL VICTORIA BILL 2011
Second reading
Debate resumed from earlier this day; motion of
Mr KOTSIRAS (Minister for Multicultural Affairs
and Citizenship).
Mr KATOS (South Barwon) — It gives me great
pleasure to rise this evening to discuss the Multicultural
Victoria Bill 2011. Victoria has people from over
150 cultural backgrounds who speak over
130 languages. Victoria and Australia are often referred
to in Europe and other parts of the world in relation to
how well people from diverse cultural backgrounds are
able to live and work together in a harmonious way.
The bill seeks to enhance and strengthen
multiculturalism in Victoria.
My parents come from a Greek background so I have
firsthand experience with multiculturalism. My father
migrated to Australia in 1949 and my mother followed
in 1956, so they have been in Australia for well over
50 years. They migrated to Australia from their
war-ravaged homeland. Greece was in tatters after the
Second World War and a civil war that saw the
communist forces defeated by the nationalists. My
parents came to Australia seeking freedom and
opportunity, which is something that at times we take
for granted. They sought freedom and opportunity in a
new land half-way around the globe, some
15 000 kilometres from their homeland. Through hard
work and determination my father created a successful
small business. My parents integrated into the
Australian community, but at the same time they never
forgot their homeland, their language or their traditions.
We should celebrate different cultural traditions,
religions and customs and draw on this diversity to
enhance our great state of Victoria. I recently had the
pleasure of attending Greek National Day celebrations
twice, if that can be done. The first celebration was at
Melbourne’s Shrine of Remembrance. The Premier, the
Minister for Multicultural Affairs and Citizenship, the
87
Leader of the Opposition and also the member for
Dandenong were there — it was a very bipartisan
group. It was fantastic to see that the crowds celebrating
Greek National Day were up by over 20 per cent on the
previous year.
Last Sunday I had the pleasure of attending the Greek
national day celebration in my community of Geelong.
It is good to see people, while integrating into our
country, still celebrating their traditions.
Food is one of the best examples of how this integration
has taken place and how these cultures are celebrated.
After my father came to Australia he spent nearly all of
his life in Geelong apart from a very small stint in
Bendigo. When he went to cafes pretty much all he had
to choose from was steak and eggs, roast lamb or lamb
shanks. That was the menu of most cafes in the late
1940s and early 1950s. If you walk down Lygon Street
in Carlton or Pakington Street in Geelong, you can now
see the diversity of culture on display with all the
different foods. People take it for granted now; it is a
normal part of everyday life and everyday food. It is a
great example of how multiple cultures have integrated
into Australia.
One thing that is very important — and I believe it is
the ultimate goal of multiculturalism — is that those
who come here from other countries should become
citizens of our country. That is one of the most
important things that can happen. Both of my parents
became Australian citizens and integrated very well
into Australia, but at the same time they have never
forgotten their roots and traditions. I believe the main
role of multiculturalism is to encourage citizenship.
The bill before us seeks to strengthen the Multicultural
Affairs and Citizenship portfolio and set out the broad
purposes of the Victorian Multicultural Commission. It
establishes the principles of multiculturalism and
provides for the establishment of the Victorian
Multicultural Commission. The independence of the
commission will be increased via new legislative and
administrative arrangements. The independence of the
commission is critical. In the past governments from
the other side of the house have used ethnic groups and
these sorts of commissions to gain access to those
groups for political purposes, but the main reason for
the commission should be to celebrate cultural diversity
and encourage citizenship. As was pointed out earlier in
the debate, at one stage 8 out of 12 members of the
commission were ALP members. To my way of
thinking that was no accident.
That is why I believe it is critical that the multicultural
commission be at arms length from the government.
20:05
MULTICULTURAL VICTORIA BILL 2011
88
ASSEMBLY PROOF
The commission should advise the minister; it should
not take advice from the minister. The commission’s
role is to advise the minister on the best course of
action. The commission’s purpose should be to
strengthen multiculturalism and citizenship, and it
should not be used — as I have seen in my experience
as a local councillor in Geelong — —
Mr Eren — As a Labor councillor?
Mr KATOS — The member for Lara forgets that I
was a councillor representing Deakin ward on the City
of Greater Geelong. I saw firsthand how multicultural
affairs were used to gain access to groups. This access
was used not just for the recruitment of members to the
ALP but in some instances, I believe, to branch stack. It
was certainly used for purposes other than promoting
multicultural affairs and diversity.
The bill also establishes the reporting requirements of
the commission and of government departments with
respect to service delivery to diverse communities.
20:10
The eight new regional advisory councils — three in
metropolitan Melbourne and five in country Victoria —
will be established and will create a situation where
what is happening on the ground locally will be fed
back to the minister. This advice will be given back to
the minister and he — in this case, he — will have
firsthand knowledge of what is going on locally on the
ground.
The commission structure will largely remain
unchanged. It will consist of 12 members. There will be
a full-time chair, a part-time deputy chair and eight
other part-time members. The difference here, though,
is the other two members of the commission: there will
be a youth representative aged between 18 and 24 years
and a member of a community organisation which is
representative of ethnic groups. All current eligible
members will be able to reapply for their positions
unless they have already done three terms, which would
make them ineligible to continue — as is the case with
most boards and commissions. The eight regional
advisory councils will be chaired by a part-time
commissioner with the support of the commission’s
office.
This bill will implement the government’s election
commitment by strengthening the independence and
membership of the commission. It will also empower
the commission to report to the minister on matters
relating to its objectives. The creation of stronger links
between government and diverse communities will also
be a key part of the bill. I commend it to the house.
Wednesday, 6 April 2011
Mr PERERA (Cranbourne) — I wish to make a
few comments on the Multicultural Victoria Bill 2011.
The opposition, as we all know, does not oppose the
bill. The bill will dismantle the existing Victorian
Multicultural Commission and create a new
multicultural commission under the guise of
strengthening the new VMC and making it a more
independent statutory authority. The policy and
administrative functions which were under the VMC
will be transferred to the new Office of Multicultural
Affairs and Citizenship, which is a minute part of the
huge Department of Premier and Cabinet. It will be a
very small fish in a very big pond and will therefore run
the risk of losing funding or not having adequate
incremental funding. When Labor came to office in
1999 the VMC multicultural community grants were
worth $750 000 per year. When Labor left office that
figure was over $5.5 million for that period of 11 years.
The Baillieu Liberal-Nationals government has
redefined the word ‘strengthening’. The stripping of
most of its important policy functions are defined in the
bill as strengthening the VMC. If an organisation loses
some of its core functions, it can easily be more
independent because it is not interacting with other
entities. Words such as ‘strengthening’ and
‘independence’ are used to confuse and mislead people
and eventually to justify the dismantling of the VMC
and the establishment of the weakened form of the
commission. I have not seen any documentation or
statement in relation to any type of consultation that
might have justified the stripping of the powers from
the VMC. There is no logical argument for stripping
those powers from the VMC.
Feedback has been sought by the government from a
range of stakeholders, including the Ethnic
Communities Council of Victoria. Those stakeholders
have expressed some concerns about the lack of
consultation undertaken by the government.
Mr Kotsiras — Who were they? Name them.
Mr PERERA — The Ethnic Communities Council
of Victoria.
Mr Kotsiras — They haven’t said anything to me.
Mr PERERA — I understand they have.
Nowhere in the second-reading speech does it say that
the current VMC is broken and dysfunctional. Why fix
it if it is not broken? There was no election
commitment by the Liberal Party to strip those
independent functions from the VMC.
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
20:15
ASSEMBLY PROOF
89
Are these jobs for mates? Is that the hidden agenda of
this exercise? Why was the chair of the VMC moved
on as soon as the government came into office? Will
the existing commissioners be reappointed? In general
the commissioners of the VMC and in particular the
former chair of the commission were well regarded
within the Victorian culturally diverse community.
It is a common secret that the Premier and other
members of the current government gave their
blessings to those who carried out the protest against
the Brumby government to make it very unpopular.
They gave their blessings to those who ran scare
campaigns in Victoria and in India, making Victoria the
worst place to study, holiday and do business.
One of the largest ethnic organisations in Victoria is the
Federation of Indian Associations of Victoria, which is
very familiar to the minister. FIAV is the peak body of
28 Indian community organisations. More than 25 other
Indian subcontinent-based entities such as dancing
groups et cetera have affiliated with the FIAV.
Members of the federation have mentioned to me that
had it not been for the support of George Lekakis and
the Victorian Multicultural Commission, they may not
have been able to deliver half the community programs
they have proudly carried on in the past. This is the man
who was got rid of by the Minister for Multicultural
Affairs and Citizenship.
It is a fact that the Federation of Indian Associations of
Victoria stated in no uncertain terms that the attacks on
Indian students were opportunistic, with the students
being at the wrong place at the wrong time and that the
majority of the attacks were not racially motivated.
They pleaded with the troublemakers not to go ahead
with those activities because they harm Victoria in
general and the Victorian Indian community in
particular. The then Leader of the Opposition, who is
now the Premier, addressed a protest rally to gain cheap
political advantage, damaging the image of Victoria.
In the past 18 years under governments of both political
persuasions the Premier took the ministerial
responsibilities for multicultural affairs. To my memory
this is the first time in 18 years that a Premier has not
taken up the multicultural affairs portfolio directly
under his wing, including former Premier Jeff Kennett.
In the past years there was a minister assisting the
Premier on multicultural affairs and the independent
VMC. This combination worked very well for Victoria.
It is a snub to the people from diverse cultural
backgrounds to withdraw that support and recognition,
with the Premier not taking direct responsibility for
multicultural affairs. No government spin can
overcome that disdainful approach.
The Premier has increased the number of cabinet
members by two to create a small portfolio for one of
his cabinet members. To add some muscle to this
portfolio the government has stripped the policy and
administrative functions from the VMC and placed
them under the Department of Premier and Cabinet,
which comes under the direct responsibility of the
minister. The minister with the portfolio of
multicultural affairs and citizenship would probably
carry a workload similar to that of the current chair of
the Victorian Multicultural Commission.
On page 3 of the Victorian Liberal-Nationals coalition’s
policy and plans document for the 2010 election it says:
Labor did nothing until the public disquiet in Victoria and
India began to draw strong public and media attention and
condemnation, including from the Indian government.
Is it not a fact that Mr Baillieu and other senior
members of the then Liberal opposition were aware of
the meetings taking place at the Australian Learning
Training and Education Centre to organise the
taxidriver protest that would bring disrepute to
Victoria? Is it not a fact that the person who organised
the taxidriver protest was a member of the Liberal Party
who had the blessings of Mr Baillieu to seek
pre-selection for a very marginal Labor seat? Probably
the majority of Liberal Party members did not want an
Indian-born person to represent the Liberal Party here
in the Victorian Parliament, therefore he lost
pre-selection. Is it not a fact that this person was offered
a job in the office of the Minister for Multicultural
Affairs and Citizenship? Would that not be an
endorsement of that person’s work of organising those
protests that brought disrepute to Victoria?
The Baillieu government can now act as the born-again
custodian of multiculturalism. Its cheap political stunts
have harmed Victoria, businesses and the prospects of
Indian students studying in Australia. These events
gave the impression that some of the Indian students
who work long hours and travel on late-night trains
expose themselves to danger because they are
struggling to make ends meet while studying here. That
impression resulted in the Australian High Commission
in India putting in place stringent means-testing
procedures when assessing the cases of potential Indian
students. This prevented many not-so-well-off Indian
students from entering Australia for studies. Students of
well-off families were not sent to Victoria for studies
because their parents feared that their children could be
subjected to harm. As a result of the Liberal Party
legacy a number of education institutes either closed
down or stopped expansion.
20:20
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ASSEMBLY PROOF
The former owner of the Australian Institute of
Education and Training told me that he had licences to
take in 600 students. After this saga that number
dropped down to 150. Eventually he had to sell the
school.
Please do not repeat such unsavoury negative
campaigns — —
The ACTING SPEAKER (Mr Thompson) —
Order! The member’s time has expired. There has been
a fair amount of audible conversation in the chamber. I
ask that members contain the volume of their
conversation in the house.
Mrs BAUER (Carrum) — I rise to speak in favour
of the Multicultural Victoria Bill 2011. I am delighted
to make a contribution to the debate. I am proud and
supportive of this bill before the house.
In the debate so far tonight we have heard of the strong
partisan support from both sides of politics for the
Multicultural Victoria Bill. This support has been
illustrated in recent weeks through the establishment of
many bipartisan parliamentary friends committees that
have been established, including friends committees
with China, the USA, Japan, Israel, Sri Lanka and
Greece, to name a few.
I consider myself fortunate to be part of a family that
has a wide and varied multicultural history. My family
is of Anglo-European origin, while my husband’s
family is of German and Japanese origin. In my
electorate of Carrum bloodlines of some
142 nationalities are represented, with 92 languages or
dialects spoken in the home and 61 religions practised;
that number includes Christian religions. One of the
most fulfilling parts of my role as the member for
Carrum is attending citizenship ceremonies and
welcoming those who have chosen to join us as new
Australians. This bill will ensure that the voices of these
people are heard to a greater extent than they have been
in the past.
Members may have read Alan Howe’s article on the
‘Herald Sun’ website last week in which he
emphatically stated that multiculturalism has worked in
Victoria whereas it has not in Europe. I believe he is
absolutely correct in his assertion. We are very lucky to
be part of a society in which, for the most part, people
accept one another regardless of the colour of their skin,
the clothes they wear or the religion they practise. For
the most part Victorians generally accept that everyone
has the right to live their lives as they see fit, providing
they act within the laws of this great country.
Wednesday, 6 April 2011
Recently we have seen European leaders speak out
against what they see as failed multicultural policies.
Fortunately the same cannot be said of Victoria.
Multiculturalism in Victoria can only be spoken of in
glowing terms. Multiculturalism and our diversity
makes Victoria a great place to live. Our rich tapestry of
nationalities is easy to see. Areas like Lygon Street,
Lonsdale Street and Springvale all consist of large
migrant populations.
Yet unlike similar areas in other states or countries,
Anglo-Saxon Australians are welcome in these areas,
with the predominant culture keen to share what they
have to offer. But there is always more that can be
done, and this bill seeks to do that. It seeks to make
positive changes. The bill seeks to reaffirm this
government’s commitment to a diverse and
multicultural Victoria.
The minister in his second-reading speech says:
The bill renews the principles of multiculturalism to
incorporate principles of citizenship, values of a shared
commitment to Australia and to community service, and
recognition of diversity as an asset for Victoria.
It aims to do this by replacing the current Victorian
Multicultural Commission with a stronger, more
independent body. Under the Multicultural Victoria Bill
2011 the commission will become more independent
and will be able to provide a more accurate
representation of multicultural society in Victoria.
Following on from this, it will be able to provide
stronger links between this government and its
multicultural constituency.
Under an independent commission the only agenda will
be ensuring Victoria’s multicultural communities get
the attention they deserve. When the issues confronting
these groups are not being crushed under the weight of
spin and partisanship, they will actually be heard and
rectified.
Making the Victorian Multicultural Commission
independent is a step that gives a clear message that our
government is prepared to listen to how we can
improve the lives of those that make up our diverse
communities. Furthermore, the commission will now
be tasked with researching, advising and reporting to
the Minister for Multicultural Affairs and Citizenship.
The commission will have the power to initiate
investigations or as a result of a request from the
minister. This bill gives the commission a purpose and
a direction. The bill also provides for the establishment
of eight regional advisory councils to represent regional
areas of Victoria. These councils will act as conduits of
20:25
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
information from regional areas to the Victorian
Multicultural Commission.
Finally, the multicultural communities in regional
Victoria will now have a voice at the highest level.
With so many different cultures contributing so much
to the development of regional Victoria, it is about time
this happened. These regional councils will be chaired
by the multicultural commission’s part-time
commissioners, ensuring that the voice of the regions is
heard loudly and clearly at the highest level. It is
intended that these regional councils will not only
provide feedback and advice to the Victorian
Multicultural Commission from the multicultural
populations of our regional areas but also promote
regional Victoria as a settling place for new migrants.
Having said that, I want to put on the record that while
we are not opposing this bill, I object to the fact that
members on this side of the house particularly are being
gagged and prevented from speaking fully on this bill.
Mr Walsh interjected.
Mr EREN — It is going to be guillotined tonight —
there was a procedural motion. As the minister knows,
the debate on the bill will be guillotined at 10 o’clock. I
want to stress to the new minister that it is a
dog-eat-dog world out there. You, as the minister, will
need to fight for the portfolio of multiculturalism.
The ACTING SPEAKER (Mr Thompson) —
Through the Chair, please!
I have recently had the honour of representing the
Minister for Multicultural Affairs and Citizenship at a
couple of events, one being the Hindu Holi Festival of
Colours celebrations at the Shri Shiva Vishnu temple in
Carrum Downs and another being the opening of the
Dutch association of Australia’s new premises in
Carnegie. Both of these groups do fantastic work not
only for their own countrymen but for the wider
community as a whole.
Mr EREN — The Minister for Multicultural Affairs
and Citizenship will need to fight to get every single
cent from the budget. Obviously — from all the
excuses the government is making about black holes
here and black holes there and it saying, ‘Boohoo, we
are running out of money’ and all that stuff — the
minister, who is in the chamber, will need to fight tooth
and nail to get every cent that this portfolio deserves. I
wish him all the best in that.
A great example of this was the presentation by the
Hindu Society of Victoria of a $10 000 cheque for the
Premier’s flood relief appeal effort. It was certainly an
honour to receive such a generous donation.
I want to commend the people behind the minister in
terms of the heavy duty work that goes on. Behind
every good minister are good bureaucrats working for
the portfolio. Hakan Akyol works hard for the portfolio
of multiculturalism. Obviously through our term of
government we had a lot to do with George Lekakis
and Hakan. I appreciate both of their efforts in assisting
the multicultural community.
I have also had the privilege of attending Aspendale
Gardens Primary School’s Harmony Day celebrations
on 26 March where 40 different nations were
represented. As I am sure many are aware, the aim of
Harmony Day is to bring people of all cultures together
to celebrate the things we have in common and to learn
about our differences. If there is one thing that these
events represent it is the contribution that immigrant
cultures have played in making this state and Australia
what they are today. How lucky we are to have such a
broad spectrum of experiences to draw from in creating
our tomorrow.
I would like to commend Minister Kotsiras for this
Multicultural Victoria Bill. It is great legislation. It is
consistent with coalition policy. The minister has
sought consultation from wide-ranging multicultural
communities from all across Victoria. This bill further
recognises the contributions of our immigrant
population, and for this reason I commend it to the
house.
20:30
91
Mr EREN (Lara) — It is an absolute pleasure for
me to speak on the Multicultural Victoria Bill 2011.
I want to put on the record some of the commitments
we made as a Labor government. People would recall
that back in 1999 the portfolio of multicultural affairs
had something like $750 000 allocated to it. We
increased that figure to about $5.6 million. That is the
challenge for the new minister: to make sure that not
only is that level of funding maintained but it is actually
increased.
I am proud of the fact that we have the northern
community hub in Geelong, which is led by Diversitat,
a fantastic organisation led by Michael Martinez, its
chief executive officer. I was very involved with that
organisation during our term of government, and I was
also active in terms of making sure that it was allocated
$1 million. The then minister, John Thwaites, was kind
enough to allocate that money, along with $1.5 million
from the federal government and other moneys that
were collected by the organisation. We now have a
fantastic facility in North Geelong in my electorate, of
which I am very proud. I am sure the minister will
MULTICULTURAL VICTORIA BILL 2011
92
ASSEMBLY PROOF
come out there and open the facility. We did all the
hard yards, and the minister will come out and open it. I
hope he mentions some of the hard work that the local
member did in relation to establishing it. We are proud
of it.
I am particularly proud of it as a migrant from Turkey. I
remember when I came here when I was very young.
Dad was a fitter and turner and we came under the
skilled migration program. Fitter and turners were very
much needed in Australia. There were two brothers —
my brother and me — and my mum and dad. We did it
tough and stayed in the hostels for a little bit. We lived
in the epicentre of multiculturalism, which is Coburg,
for a long period of time. Then we lived in high-rise
commission flats and then moved to Broadmeadows.
Then I made my way to Geelong.
20:35
I am very proud of those achievements. Having a
migrant background myself I know there are trials and
tribulations that every one of us goes through,
particularly when coming to this country at a very
young age. I am fortunate and privileged to be standing
in this place and making this speech. It just goes to
show that although there may be glass ceilings that
prevent certain people from progressing, by working
hard enough anyone can achieve anything in this
country.
I know that my other colleagues would like to say a few
words on this bill, but we are being gagged by the
government. We are not opposing the bill before the
house. I would have preferred the government to have
consulted some more because it is a wide-ranging bill
and it makes some significant changes, but under the
circumstances we are supporting it. I commend the bill
to the house.
Debate interrupted.
DISTINGUISHED VISITOR
The ACTING SPEAKER (Mr Thompson) —
Order! Before calling the next speaker I acknowledge
the presence in the gallery of the former Speaker of the
House, the Honourable Ken Coghill.
MULTICULTURAL VICTORIA BILL 2011
Second reading
Debate resumed.
Mr NEWTON-BROWN (Prahran) — Before I
move on to some more positive comments I would like
Wednesday, 6 April 2011
to first respond to the disappointing politicising of this
issue by the member for Cranbourne, who made
reference to the Indian student situation that we had in
this state in recent years. The member somewhat
rewrote history in his comments. I draw the house’s
attention to an article from the Age of 31 March 2011,
which carried the subheadline ‘Gillard Brumby
ineffective over attacks on students’. The body of the
article states:
Concerns for Indian students in Melbourne reached fever
pitch in January 2010 following the stabbing death of a
21-year-old accountancy student, Nitin Garg. A visit by the
then Victorian Premier, John Brumby, was ‘similarly
ineffective’ the then Victorian Treasurer, John Lenders, told
Mr Thurston.
Putting that aside, multiculturalism is one issue that
receives genuine bipartisan understanding and support
in this house, of which I am proud.
What makes Australia great is that we are a true
melting pot of peoples from all around the globe.
Multiculturalism has made us a socially and
economically wealthy, stable and tolerant country. It is
a credit to our society that such a large cross-section of
our cultures choose to live in Australia. They have
chosen to live in this great country because they feel
welcome. They can live here harmoniously.
I will refer to a few statistics. In March 2010 Australia
had a population of 22.27 million people, a quarter of
whom were born overseas. The 2006 census showed
45 per cent were born overseas or had one parent who
was born overseas. We have over 250 ancestries
amongst us, and we speak over 200 languages. But our
country has not always been this harmonious. The
cultural harmony that we enjoy today did not always
exist, and it did not come about by chance either — it
was due to strong guidance from politicians, state and
federal, Liberal and Labor. In the early part of the last
century we had the well-known White Australia policy.
The origins of the White Australia policy can be traced
back to the 1850s, when half a million immigrants were
attracted to Australia, particularly to Victoria, by gold.
Their efforts largely went into assisting to build this
magnificent building in which we sit today. The white
miners particularly resented the Chinese diggers and
violence flared up at Buckland River in Victoria and at
Lambing Flat in New South Wales. As a result both the
Victorian and New South Wales Parliaments
introduced restrictions on Chinese immigrants. Can you
believe that a £10 poll tax was imposed on Chinese
immigrants in 1855! This virtually stopped Chinese
immigration. It must have been an enormous amount of
money back then.
MULTICULTURAL VICTORIA BILL 2011
Wednesday, 6 April 2011
20:40
ASSEMBLY PROOF
Similarly, Pacific Islanders worked hard as labourers in
Queensland. The factory workers there opposed their
immigration for fear of losing their jobs.
In 1901 the federal government passed the Immigration
Restriction Act 1901. That act prohibited various
undesirable characters from immigrating, including
criminals or people with contagious diseases, but it also
prevented the immigration of people under contract to
perform manual labour, and that was the circumstance
of most of the South Pacific Islander labourers who
came to Queensland. There was a dictation test that also
contributed to keeping non-English speakers out of the
country. By and large community members applauded
these policies and thought they were a good thing.
When World War I broke out immigration came to a
complete halt. In 1919 Billy Hughes said that it was the
greatest thing we had achieved.
Then during World War II the Prime Minister at the
time, John Curtin, reinforced the White Australia
policy. He said:
This country shall remain forever the home of the
descendants of those people who came here in peace in order
to establish in the South Seas an outpost of the British race.
Many refugees entered Australia during World War II,
but most left after the war ended. Some, however, had
married and wanted to stay. Arthur Calwell, our first
Minister for Immigration, wanted to deport them, to
much protest at the time.
The first steps towards dismantling these policies came
in 1949 under a Liberal government, when Minister
Holt allowed 800 non-European refugees to stay.
Japanese war brides were also admitted. The next major
steps occurred in the 1950s. In 1955 the number of
post-war immigrants to Australia reached 1 million. In
1957 non-Europeans who had lived here for 15 years
could become citizens. In 1958 the controversial
dictation test was dropped, and the act was revised to
remove references to questions of race. When it came
to 1959 the lack of support for the White Australia
policy really started to jell, and the immigration reform
group was founded in Melbourne. This group
advocated for the end of the White Australia policy.
In the 1960s student activism rose. My late father, Guy,
was president of the student union at Melbourne
University in the 1960s, and he led the student fight
against the White Australia policy at that university,
along with many other students throughout the country.
In 1965 the Labor Party’s longstanding commitment to
the White Australia policy was removed from its party
platform. In 1966 the White Australia policy was
dropped from policy.
93
In 1973 Gough Whitlam took three further steps to
remove the final barriers to dismantling the White
Australia policy. There was legislation that all migrants
of whatever origin be eligible to obtain citizenship after
three years of permanent residence. Policy instructions
were issued to overseas posts to totally disregard race as
a factor in the selection of migrants. All international
agreements relating to immigration and race were
ratified. At the same time as introducing these laudable
policies the Whitlam government reduced the overall
immigration intake, so therefore it did not result in any
great influx of migrants from non-European countries at
the time. An increase in the number and percentage of
migrants from non-European countries took place only
when the Fraser government came into office in 1975,
which was when the great waves of modern migrants
entered the country.
The first time the term ‘multiculturalism’ was heard
was in 1978; it was then formalised in the Galbally
report that year. By the 1980s the African wave of
migrants was well under way, with many coming from
the famine-struck Ethiopia. Channel O/28 began
broadcasting and then morphed into SBS (Special
Broadcasting Service) with the help of Petro Georgiou
when he was working for Malcolm Fraser. Today we
have many skilled migrants, students and family
reunions — —
Ms Graley interjected.
Mr NEWTON-BROWN — You will get your
opportunity to continue the history lesson, no doubt.
It has been a long road from the 1850s. Along that road
eventually political leaders have joined together and
united in a common support of multiculturalism. While
many of the post-war migrants were displaced by
gentrification in my own electorate of Prahran, there is
still a sizeable population of migrants who have come
from all over the world. I pay particular tribute to the
Greek community. Recently I had the honour of
attending the Greek Independence Day, which was
catered for by Jim Pothitos from the legendary Greek
Deli and Taverna on Chapel Street. That was a fantastic
day.
I also had the pleasure of attending the Indian Holi
Colours Festival. I never imagined when I woke up that
morning that by lunchtime I would be covered in colour
from head to toe and would be dancing in a sweaty
mosh pit with the Leader of the Opposition! The way
that day ended demonstrated the depth of bipartisan
support for our great multicultural society in Victoria. I
commend the bill to the house.
20:45
MULTICULTURAL VICTORIA BILL 2011
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ASSEMBLY PROOF
Ms BEATTIE (Yuroke) — I thank the member for
Prahran for his history lesson. I want to touch on
clause 1 in part 1 of the clause notes under the heading
‘Preliminary’ which sets out to:
establish the principles of multiculturalism …
I take exception to that, because I think the principles of
multiculturalism in this country, including this state, are
very well established. I do not think we need to legislate
them because they are already in our principles.
I will continue the history lesson that the member for
Prahran gave us. I will not go so far as the member for
Dandenong in saying the Minister for Multicultural
Affairs and Citizenship is a great friend of mine, but
there are aspects of bipartisanship that we, on this side
of the house, admire.
The member for Prahran talked about great leadership.
One of the instances I recall in more contemporary
history was when Pauline Hanson, a former federal
member of Parliament, tried to make her debut in
Melbourne and the then Premier of this state, Jeff
Kennett, stood up and said she was not welcome here
and neither were her policies. I remember
demonstration after demonstration being held when
Pauline Hanson tried to bring One Nation policies to
this great state, and she was rejected out of hand by
people in this state. I praise the people of the state, and I
praise former Premier Jeff Kennett for his actions then.
I only wish that everybody in the Liberal Party had the
same views as Jeff Kennett had on multiculturalism.
The Liberal Party went to the election with its
multicultural policy. I am not a great fan of the ‘m’
word — that is, ‘mandate’ — but people knew the
Liberal Party’s policy. The Liberal Party has the right to
implement its policy so we will not be opposing this
bill. Having said that, I have some concerns regarding
the bill. I will go through some of them.
In my strongly held view — unless you are an
indigenous person — we are all children of a great
multicultural nation. Unless we are indigenous, it does
not matter whether it is one generation, two generations
or five generations ago, we all come from somewhere
else. If you went around this chamber, members would
mention something in relation to one or two generations
ago. A member might say, ‘My grandfather was a Scot’
or, ‘My great-grandfather was Irish’. We all came from
somewhere else. It is not a question of tolerance; it is a
question of accepting that we all came from somewhere
else. By and large people accept that.
As I said, I have some concerns about the bill. Under
the previous government the Victorian Multicultural
Wednesday, 6 April 2011
Commission worked very well. Some of the people
there are very modest, but I would like to pay tribute to
Hakan Akyol, who is now the acting chair of the
Victorian Multicultural Commission (VMC). He was
formerly the deputy chair, and he does a great job.
In the short time I have left I would like to pay tribute
to George Lekakis. If there was ever a champion of
multiculturalism it is George Lekakis — and from his
earliest days. In conversations with George he has
given me a bit of personal history. He became involved
in multiculturalism because he was in a workplace
where a woman spoke to him in Greek and one of the
supervisors said, ‘Tell that person to stop talking
gibberish and speak English’. We have come a long
way since then, and it is through great champions like
George Lekakis that we have come all that distance.
They are people who were prepared to stand out front
and say, ‘This behaviour, these words, these attitudes
are not acceptable in Australia, where we all come from
somewhere else’. So I salute George Lekakis.
I turn to one of the points of the bill where I have a bit
of a problem. I wish the regional councils well in their
deliberations, but given some of this bill’s detail about
people reporting to the minister, there might be a
tendency at some point in time for a minister — and
obviously I am not talking about the Minister for
Multicultural Affairs and Citizenship at the table — to
seek to micromanage the VMC and interfere in its
day-to-day affairs and running. I trust that that will not
happen.
There are many speakers on this side of the house who
want to talk on the bill, so I will only take a moment
longer. Having paid tribute to George Lekakis, I would
also like to pay tribute to the many VMC
commissioners who have given so freely of their time.
It has been said before that they do not do it for money
but because they have the passion for multiculturalism
in this state. There are many VMC commissioners to
whom I pay tribute tonight, because they have been out
there leading their communities, who are being guided
by those with very safe hands.
The bill will go through the house. Labor does not
oppose it. I have some concerns about a minister’s
ability to interfere with the commission’s day-to-day
running. I would like to thank the previous ministers
who have taken the grants program from about
$750 000 to over $5 million, and I ask that that
continue. I ask the minister at the table to argue in the
budget deliberations for multicultural Victoria and get
those dollars increased. We are depending on the
minister to support those who have gone before him
and to support multicultural Victoria and relevant
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programs, including the cultural programs such as the
cultural precincts program and the various grants such
as the senior citizens grants. We are depending on the
minister to take us forward into another golden year of
multiculturalism.
Mr SOUTHWICK (Caulfield) — I rise to speak on
the Multicultural Victoria Bill 2011. I begin by
congratulating the minister on his terrific work in this
area. Since he hit the ground running after the
November election he has done nothing but embrace
multiculturalism in Victoria. He has not stopped, and I
am sure all the various multicultural groups in Victoria
are very grateful for the work the minister is doing.
We have heard from members on both sides of the
house about the work they have been doing in their
various electorates. It is important that we embrace this
issue, and this bill goes to extending that work.
20:55
The bill’s broad purpose is to establish the principles of
multiculturalism, to establish the multicultural
commission and to establish regional advisory councils.
This particularly interests me. The eight regional
advisory councils the bill provides for will mean that
people will be represented. It takes a very holistic
approach to encompass multiculturalism right around
Victoria. The bill also establishes proper reporting
requirements for government departments in relation to
service delivery. This is important. If we are serious
about this, which this side of the house is, we need to
ensure that all the mechanisms are in place. This bill
goes far in addressing this.
This government is very much about taking a
whole-of-government approach. It is taking a
whole-of-government approach to multiculturalism to
best serve the communities which help make up this
wonderful state. The bill demonstrates that this
government completely understands and embraces
multiculturalism by its commitment to promoting full
participation of diverse communities in Victorian life.
We have heard from a number of members about
specific things that happen in their electorates and that
they embrace. My electorate is no different. It has a
large number of residents from Russian, Indian,
Chinese and South African backgrounds and a large
Jewish community. Because of this, Caulfield residents
know first and foremost the benefits of multiculturalism
and work strongly with the government to strengthen
these magnificent institutions. In fact a current
commissioner of the Victorian Multicultural
Commission is from my area.
95
This bill takes the party-political process out of
multiculturalism. It focuses on what the intent is: to
embrace; to be holistic; and to not play party politics,
which I am sure is not what the multicultural
commission was ever intended to do. What was
intended with its set-up was to help people, to embrace
people and to get people to share their cultures and their
diverse mix. That is the intent: to share the love.
This government is listening to the voice of the
community, not the voice of government. That is what
we need to be thinking about. It is about what people at
the grassroots think, not what the government thinks or
what the previous government thought when it was
running in the race. We have taken all that away and
are focusing on embracing people and on sharing things
in a diverse manner.
I would like to point out a recent controversy that
happened in my electorate of Caulfield and just show
how multiculturalism can be embraced, which, I add,
was embraced under the current minister. We have a
community house in Alma Road that is designed to
facilitate a number of activities. Recently on Friday
nights a recent Muslim prayer group had operated.
There were a number of objectors, many of whom were
from outside the Caulfield electorate, who objected to
the Muslim prayer group operating. Due to
multiculturalism being embraced through my area, six
rabbis wrote and published a letter, which states:
As religious leaders in keeping with Jewish tradition, we
condemn all forms of racism and promote religious tolerance
and harmony.
As a result of that, the prayer group now exists. In the
heart of Caulfield, over 30 per cent of which is made up
of the Jewish community, there is a Muslim prayer
group as well. We in our electorate certainly embrace
multiculturalism.
The terrific work our minister will continue to do is
quite evident. In fact only last week the minister came
to the electorate to hand out some well-deserved
cheques to a number of great local organisations,
including Italians and Greeks. He was Father
Christmas; people were lining up to receive money; not
big money, I point out — just the little dollars that
make a difference, that allow community organisations
to go out and do things. They were not like the Labor
Party’s cheques, because they had a little bit of politics
tied alongside them. We did not have any politics in
ours; they were purely about the good work the local
communities do.
That is the way we intend to run our commission. We
intend to take the politics out and put the community
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back into multiculturalism. That is what we intend to
do.
I want to finish by drawing the attention of the house to
a Malaysian-born Chinese woman named Marion Lau
who 42 years ago moved to Australia as a young
migrant. Last month Marion, who is a resident of
Caulfield, was inducted into the Victorian Honour Roll
of Women by the Minister for Women’s Affairs.
Marion was given this honour for her long history of
working with migrant women and her work with the
Chinese community, the people of Victoria and the
Ethnic Communities Council of Victoria, of which she
was the first chair. She is one of the people who has
made a significant contribution to the state and, I am
quite proud to say, a significant contribution to my
electorate of Caulfield.
The residents of Victoria and the people of Caulfield
need no convincing about the benefits of
multiculturalism. This is a concept of society which has
forever strengthened our state and my local community.
I am proud to support a bill which demonstrates our
commitment to multiculturalism and to the diverse past,
present and future of the state of Victoria. I commend
the bill to the house.
Ms GRALEY (Narre Warren South) — This
evening it is a pleasure to speak on the Multicultural
Victoria Bill 2011. While I will make a brief
contribution, there are a number of points I wish to
make. Victorian Labor has always had a strong
commitment to multiculturalism in Victoria. Without
reservation we have always been behind every ethnic
community group, and we have encouraged everyone
to be involved in making Victoria the successful, safe
and prosperous state that it is.
I take this opportunity to make a couple of brief points.
The first is to recognise the outstanding work of George
Lekakis, and other speakers have also mentioned him. I
worked with George on a number of occasions and at a
number of events. People would know that my
electorate of Narre Warren South is a rather young one.
It is an electorate which people have moved into mainly
in the last 10 years. They have come from many
different countries and many have had real settlement
issues, but they have settled into this country and taken
advantage of everything it has to offer, and they are
making very full lives for themselves and for their
children.
George was absolutely terrific in supporting the groups
in my electorate as they started to flourish and to
support their own ethnic groups. He would come and
talk to them and help them to access information. I have
Wednesday, 6 April 2011
always been impressed by his passion, his commitment
and his hard work. I really thank him for everything he
has done for the people of the Narre Warren South
electorate. I thank him especially for the grant that
came from the Victorian Multicultural Commission last
year to hold our first ever multicultural event — a big
dinner — which was an outstanding success. I will
never forget the sight of the Afghani men dancing
around the room and being watched by people from
India, Sri Lanka, Latin America and the Pacific Islands.
It was truly multiculturalism at its best in Victoria.
Whatever George does in the future I am sure he will
do with the enthusiasm he showed in his commitment
to the Victorian Multicultural Commission, and I wish
him luck in all his endeavours.
As I said earlier, I have been concerned about the bill
and about the lack of consultation. I have been
informed that the Ethnic Communities Council of
Victoria is also concerned about that.
I know the council works very hard, and I understand
that no-one — not one government representative, not
the minister and no department officials — turned up at
a meeting to discuss this bill. Either the government
does not know what is going on or it does not know
how to consult. A little bit more time and effort, as well
as a bit more resourcing to get this bill into other
languages, would have gone a long way to allaying the
fears of the many people who have come to me.
Mr Kotsiras — The second-reading speech is
translated into other languages on the webpage.
Google! Google!
Ms GRALEY — They have come to my office,
Minister, and actually said, ‘What is going on?’
Mr Kotsiras — Who? Name them!
Ms GRALEY — I am not going to name them here,
but I will come over and see you later and tell you who
they are.
The ACTING SPEAKER (Mr Weller) — Order!
The member for Narre Warren South and the Minister
for Multicultural Affairs and Citizenship!
Ms GRALEY — Those people were genuinely
concerned. They wanted to know what was going on.
Mr Kotsiras interjected.
Ms GRALEY — They were!
Mr Kotsiras interjected.
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97
Ms GRALEY — The minister is putting his head in
the sand.
while at the same time staying in tune with the whole
community’s attitudes.
The ACTING SPEAKER (Mr Weller) — Order!
The member for Narre Warren South knows that it is
wrong to respond to interjections and the Minister for
Multicultural Affairs and Citizenship knows that it is
wrong to interject.
The bill sets out to establish the principles of
multiculturalism and create a framework for a Victorian
Multicultural Commission. It provides for the
establishment of eight regional advisory councils. It
also establishes reporting requirements for government
departments in relation to service delivery for diverse
communities and the principles of multiculturalism, and
it sets up reporting requirements for the commission.
Ms GRALEY — I know there are concerns in the
community — and concerns have been voiced on this
side of the chamber too, by both the member for
Dandenong and the member for Yuroke — about
making sure that this new institution will be well
funded. We know that dollars, albeit small cheques,
make a huge difference to community groups. I implore
the minister to be on his game when he is in those
budget discussions to ensure that all our community
groups will be well supported, as they have been in the
past by the Bracks and Brumby Labor governments,
and that they will be able to enjoy the activities and
occasions that they have always enjoyed in the past.
As always I hope that everybody will continue to
support multiculturalism in Victoria. Sometimes I have
my doubts. Question time today threw a few question
marks up. I hope that both the minister and the
government will get behind all the ethnic groups and
other groups out there in the community, because they
really deserve all our support for all the good work that
they do.
Mr McCURDY (Murray Valley) — It gives me
great pleasure to rise to speak on the Multicultural
Victoria Bill 2011. I congratulate the minister for his
leadership on this bill. I look forward to having the
minister in the Murray Valley to enjoy some of our
culture in the near future.
Multiculturalism is an important aspect of who we are
in this country. As a blended group of people we have
travelled from many different countries, and we are a
diverse mix. Cultural Diversity Week recently
demonstrated the unity and variety that exists
throughout our communities. We have many examples
in Victoria of how different cultural backgrounds have
supported our communities and been the building
blocks of those communities.
This government is committed to multiculturalism, and
it is committed to initiatives that promote and
encourage this diversity. Before you can promote
cultural diversity you need to understand the diversity
that exists in our communities and the interaction
between the different groups within the communities,
In the Murray Valley there are many examples of
different cultures. In Whorouly, south of Wangaratta,
there is an Italian community that for many years has
been involved in the tobacco industry. The tobacco
industry has changed over time and has gone into
recess, so to speak.
People like Joe LaSpina and Frank Primerano are
members of those communities who have changed
from growing tobacco to growing capsicums,
blueberries and various other niche products. The
resilience that exists in these other cultures is second to
none.
In the Cobram region people like Dom Siciliano and
Ang and Frank Diaco have also used their skills in the
fruit-growing industry. The Italians have a strong
background in farming, and they do it very well. Even
the next generation of Italians in the region have
combined to offer large benefits for our community.
These people do not just coexist and live next door to
one another; they share resources, work together and
build our communities.
Cobram is also home to a very strong Iraqi community
which for the last 10 years has been intertwining with
the local population. A real test of how different
cultures come together is seen at the local football,
because, as we know, for Iraqis and Italians soccer is
the preferred sport. To watch junior football and see
Italian and Iraqi kids playing with fifth generation
Australians lets you know that multiculturalism is alive
and well and people are blending into our communities.
The Shire of Moira on the Murray River is a fantastic
advocate for multiculturalism. During Cultural
Diversity Week the shire held morning teas, and all
who came brought morning tea items pertaining to their
country of origin and dressed in their traditional
costume. Countries such as Latvia, the Philippines,
Chile, Italy, Poland, Scotland, South Africa and Papua
New Guinea were all represented. Librarian Kerry
Currie of Yarrawonga Library said the Friends of the
Library had done a tremendous job organising and
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bringing together such diverse sections of the
community. ‘Multiculturalism is alive and well’, she
said. ‘Everyone has had a lovely time talking and
sharing stories, and the different food people brought
along was just wonderful’.
As well as these activities local Moira shire councillors
participated in the Yorta Yorta cultural insight program
at the Yenbena Indigenous Training Centre in Barmah.
The aim of this day was to increase awareness of
Aboriginal culture and our Aboriginal community
across the shire and to work together with traditional
owners.
More recently cultural diversity was experienced at the
Numurkah town hall in a Celebrating Diversity event
for the whole family which featured multicultural songs
and dances. Rural and regional Victoria has relied
heavily on cooperation between many cultures, and we
are proud of this unity.
Working together is what we do best, and particularly
in rural and regional Victoria we need everyone rowing
in the same direction to ensure that our communities
will prosper and use whatever resources are available,
regardless of colour, creed or country of origin.
Multiculturalism is not just a part of our communities;
it is a fundamental building block for our next
generations. This bill will ensure that the voices of our
diverse communities are better heard. Within our
communities we are taking multiculturalism seriously.
All of our communities will be the winners.
I commend this bill to the house.
Mr TREZISE (Geelong) — I am very pleased to
speak in support of this important bill before us tonight,
because when it comes to multicultural issues in
Victoria we see bipartisanship in this Parliament. Look
at the Acting Speaker I can say there are two main
issues on which members of this Parliament are
bipartisan: one is road safety and the other is
multiculturalism.
As the member for Geelong I know that Geelong and
the greater Geelong area are made up of many
ethnically diverse communities. An indication of that
diversity is the Geelong Ethnic Communities Council
(GECC), which is made up of representatives from
something like 40 different communities and operates
under the auspices of Diversitat, which is a great
organisation. I take this opportunity to commend
Michael Martin and his team at Diversitat for the work
they do with their 40 affiliated communities.
Through the GECC many groups have historically and
significantly contributed to the establishment of
Wednesday, 6 April 2011
Geelong. These include the Irish, the Scottish, the
Germans and the Chinese.
Then of course we move into the post-World War II
era, where we saw groups like the Italians, the Greeks,
the Turks, the Croatians and the Macedonians
contribute significantly to the community of Geelong.
Now we have seen other communities come into
Geelong in the late 1990s and into the 2000s, such as
the Sudanese community coming out of Africa. So
Geelong is very much a multicultural community, and I
am always pleased and proud to be a member of that
community.
I speak on a regular basis about Pako Festa in Geelong,
but that really does highlight Geelong as a multicultural
community. As I said in a previous speech this year, we
had Pako Festa in February, when the Minister for
Multicultural Affairs and Citizenship came down and
opened up the festa. I commended him at the time for
his bipartisan speech in opening up the Pako Festa. As I
have said, we do see a real bipartisan partnership within
this Parliament.
In supporting the bill I must also say that I am proud to
have been a member of the former Bracks and Brumby
governments, which contributed enormously to this
state as a multicultural community. As other members
have mentioned, something like $750 000 was spent by
various multicultural community organisations in 1999,
and in 2010 we saw something like $5.6 million spent
in the area. As I have said, I was proud to be a member
of the Bracks and Brumby governments for their
commitment to multicultural activities in this state.
With those few words I would like to commend this bill
to the house and wish it a speedy passage through the
house.
Mr WATT (Burwood) — Firstly I would like to
congratulate the Minister for Multicultural Affairs and
Citizenship on bringing this bill into the house. I think
he has done a fantastic job in the short period he has
spent as minister. One of the things I would like to
mention that is specifically stated in the bill is that
Parliament recognises that Victorians have diverse
backgrounds and values and it recognises the richness
that such diversity brings to the Victorian community. I
think that is something that all members of this house
would agree with, and it is fantastic to see so many
members get up to speak on this bill, commend
multiculturalism and say that they are greatly
supportive of it.
Generally it is a bipartisan issue. However, it is
disappointing to hear some members get up and have a
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bit of a gibe, because I would not have thought that this
was an issue that was at all partisan. I would hope that
those members who treat this as a partisan issue will
rethink that position next time they get up to speak.
This bill will increase the independence of the
commission by establishing a statutory body. The new
statutory body will retain the name of the Victorian
Multicultural Commission and will focus on
strengthening our community. I think it is a fantastic
thing to establish the further independence of the
commission. The bill will also create stronger links
between the government and Victoria’s diverse
communities and provide a whole-of-government
approach to multiculturalism in Victoria. As I have
said, I think this is an issue that most of us would say is
a good issue and an issue on which we should not be
partisan. I appreciate the members in the house who do
treat it as such an issue.
One of the features of the bill that I would like to point
out because I think it is particularly good is the diversity
of not only multiculturalism within the community but
also of the regions. This is not a centralised policy; it is
quite diverse in its make-up, with eight regional
advisory councils as well as the inclusion of a youth
commissioner and of someone from a community
organisation, which I think is a great initiative in this
bill. I note that some people have been critical of setting
up some of the principles of multiculturalism, but I
think enshrining those in legislation is a good thing.
21:20
The bill sets out the objectives of the commission. The
promotion of full participation by Victoria’s diverse
communities in our social, cultural, economic and
political life is a good thing, as are the other
commission’s other objectives: to promote access by
Victoria’s diverse communities to services made
available by governments and other bodies; to
encourage all of Victoria’s diverse communities to
retain and express their social identity and cultural
inheritance and to promote mutual respect; to promote
cooperation between bodies concerned with
multicultural affairs and diversity; to promote unity,
understanding and harmony among Victoria’s diverse
communities; to promote better understanding of
Victoria’s diverse communities; to promote interaction
between individuals and communities from diverse
groups; to promote the social, cultural and economic
benefits of diversity; to promote the rights and
responsibilities of citizenship as a unifying force in
strengthening the diverse multicultural community; and
to promote community service as a principle.
These are all good things. Most members of the house
would agree with all of those objectives. I am pleased
99
that the majority of members in this house have treated
this issue with the respect it deserves. I commend the
bill to the house.
Ms HALFPENNY (Thomastown) — I rise to speak
on the Multicultural Victoria Bill 2011 and to say that
the opposition does not oppose the bill. It is wonderful
to see the current government building on the great
work of the former Labor government to promote
multiculturalism in Victoria. As a new member of
Parliament, I am still discovering the full diversity of
the communities that contribute to my electorate, but it
is clear that the strength people derive from their
connections to their culture and history is a real asset.
I have been overwhelmed by my welcome from the
various communities in the Thomastown electorate.
They have not only worked with me but also wanted to
share their cultures and the celebration of their national
days and heritage. I will mention a few such events I
have been to recently in order to highlight the
multicultural nature of the Thomastown electorate, and
then I will talk more about the bill.
I have attended celebrations for the Vietnamese Lunar
New Year, the Chinese New Year and Greek
Independence Day, which was on 25 March. Last year
there was a festival in Thomastown for the Macedonian
national day. I have been to the Thomastown mosque.
Regarding the Indian community, I attended the
Darebin City Council’s Festival of Friendship and
Light. Of course I also attended an event to mark
Remembrance Day, which was run by the Epping
branch of the RSL. I have had talks with and attended
meetings by the Palestinian Community Association of
Victoria and the Khabour Chaldean Association. I even
have a delegation from the Iraqi writers association
coming to meet with me on Friday.
It is fantastic that there has been such a promotion of
multiculturalism, from which we have all benefited.
The former government encouraged multiculturalism,
and I hope it will continue to be promoted by the new
legislation. As I read my list of events I have attended,
one unfortunate thing I noted is that not one of the
leaders of the groups involved has talked to me about
the bill, because there has not been any consultation
with them on it. People are concerned about change.
They hope it will be a good change, but I guess it is up
to us to see what happens and keep the government
accountable. As I said, the opposition supports the
Multicultural Victoria Bill 2011 and hopes that it
continues the promotion and encouragement of
multiculturalism to the benefit of us all.
MULTICULTURAL VICTORIA BILL 2011
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Wednesday, 6 April 2011
Mr HOWARD (Ballarat East) — I am pleased to
speak on the Multicultural Victoria Bill 2011. My
electorate is celebrating its multiculturalism really well
at the moment. We have a great diversity of groups. I
acknowledge the comments of the member for Yuroke.
She recognised that unless we are indigenous
Australians, we are either from another country
ourselves or descended from forebears who were new
to Australia at one point or other — that is, we are first,
second or third-generation immigrants.
various groups, and the Victorian Multicultural
Commission (VMC) has been able to further provide
support to so many of our ethnic groups. It has done so
in recent years by providing significant funding
support. As we have heard, during the Bracks and
Brumby years the amount of support coming through
the VMC to various ethnic community groups across
the state increased dramatically, and I have seen that
that has been of great benefit to so many of those
groups.
I am pleased to note that back in the gold rush, which
was a very significant event for Ballarat in the 1850s
and a time when its population increased quite
dynamically, we saw people from many different
countries come and settle in Ballarat looking for gold.
We had people from all parts of Europe, parts of Asia
and the Americas coming to Ballarat at that time and
building a distinct multicultural community. Of course
that continues.
A number of our European ethnic groups, whether that
be the Italian pensioners group, the Alliance Francaise,
the Dutch club or the Ballarat Italian Association, are
finding that their members are ageing, so they greatly
value the support provided through the Victorian
Multicultural Commission in supporting their groups to
be sustainable and trying to find ways of encouraging
younger members of their communities to be more
actively involved in these groups.
It is fair to say that as recently as the 1950s the
predominant communities in the Ballarat area were
from British and European backgrounds, but it has been
quite exciting for me and so many other members of the
community to see in recent years that we have had
many more people from Asian backgrounds — from
India, China, Vietnam, the Philippines and other parts
of Asia — coming to settle in Ballarat. Even more
recently we have had a number of refugees who have
come from Sudan and Togo and settled in Ballarat. I
think that is exciting, and it has certainly been exciting
for me to attend citizenship ceremonies across my
electorate in recent years where I have seen such a
diversity of new citizens becoming part of the Ballarat
community.
The VMC also supports the newer groups, whether it
be the Filipino friendship group, the Ballarat Indian
Australian Association, the Chinese community groups
that have been going a little longer or the new African
friendship groups; they are also receiving support to
ensure that their community organisations can be
supported, can grow and can flourish.
Although earlier speakers on this bill talked about the
need to show tolerance in regard to people of other
nationalities and ethnicities, I believe we need to do a
lot more than that. If we are only showing tolerance,
that is disappointing to me because we really can
celebrate our diversity. I am very pleased to see that the
City of Ballarat has got behind the concept of
supporting and celebrating multiculturalism in Ballarat
for a number of years now. I think we have had three
lots of multicultural ambassadors appointed across
Ballarat who have had particular involvement with and
been supported by the City of Ballarat in running events
within their own communities and in the broader
community to celebrate their various cultural
backgrounds. That has been very exciting, and I have
been very pleased to be involved in that.
On top of that the Ballarat Regional Multicultural
Council has been established to help support those
I have been really impressed that George Lekakis from
the Victorian Multicultural Commission has been up to
Ballarat on many occasions with other members of the
VMC, and we have also had Sam Afra from the Ethnic
Communities Council of Victoria attending events in
Ballarat such as the Victorian multicultural ball held
last year at the Greek hall associated with St Nicholas
Church; that was a great event. We have had a number
of terrific events over recent years being well supported
by VMC and the Ballarat City Council, whether they be
related to the Ballarat Begonia Festival or a range of
other community events happening in Ballarat such as
Springfest. I trust that the multicultural and ethnic
groups will continue to flourish.
While we have all said that we are pleased to support
the tenor of this bill, and those of us on this side of the
house certainly want to take a bipartisan approach in
our support for multiculturalism, clearly the proof of the
pudding will be in the legislation and seeing how the
changed Victorian Multicultural Commission will
operate. In particular I will be interested to see how the
new regional advisory councils will operate, especially
in the Ballarat East electorate. I hope they can work to
provide terrific support for our ethnic communities, and
I will certainly be continuing to provide support for
those groups across Ballarat so that we can continue not
21:30
LIQUOR CONTROL REFORM AMENDMENT BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
just to be tolerant but also to celebrate multiculturalism
across our state, particularly in the Ballarat East
electorate.
We in Victoria have much to celebrate, and I hope we
can keep the community on board in focusing on the
positivity associated with those groups from the many
different cultures that make up our community. I also
hope that we can continue to celebrate multiculturalism
and that the VMC and its subsidiary bodies will
continue to be a very important part of that.
Debate adjourned on motion of Mr DIXON
(Minister for Education).
Debate adjourned until later this day.
LIQUOR CONTROL REFORM
AMENDMENT BILL 2011
Second reading
Debate resumed from 5 April; motion of
Mr O’BRIEN (Minister for Consumer Affairs).
Mr THOMPSON (Sandringham) — I am pleased
to contribute to the debate on the Liquor Control
Reform Amendment Bill 2011. From my experiences
as a member of Parliament representing the electorate
of Sandringham I have a couple of key recollections in
relation to alcohol and drug abuse. One memory is of a
visit to the Latrobe Valley, where the Parliament’s Law
Reform Committee was taking evidence on alcohol and
drug abuse and access to legal services. I found it
extraordinary that in one particular community, along
with both a high level of alcohol abuse and a high level
of drug abuse, there was an accompanying problem
within that community of petrol sniffing, owing to its
cheaper availability. Having seen and understood the
impact of petrol sniffing, let me say to members that
one child sniffing petrol for one day is one child too
many.
On another occasion a mother came to my office and
told me she was concerned to see that justice be fairly
done. One day her 16-year-old daughter had completed
work at a local food store and joined a group of fellow
workers on the foreshore. Unfortunately her daughter
was raped that evening by a number of people. Her
daughter sustained a number of injuries, and there were
significant medical outcomes for her that will affect her
for the rest of her life. The girl’s mother was very
concerned about what had transpired, and this example
illustrates one of the potential outcomes of unregulated
access to alcohol and the jeopardy in which it can place
individuals in their own personal circumstances.
101
This bill returns control to parents in a legal sense. It
sets the bar so that community members understand
what their obligations under the law might be. It lets
parents know that if they are holding a function or
party — possibly an 18th birthday party at home — the
adult person holding the party has a legal obligation to
conduct that function with the explicit consent of the
parents or guardians of each under-age person attending
that function in relation to whether or not those
under-age persons are authorised to have access to
alcohol.
The reverse side of the picture is that over the last
decade there has been an increase in the number of
ambulance attendances where young people have been
drinking, and this has led on to an increased number of
hospitalisations due to under-age alcohol abuse.
There has been an increased number of assaults on the
streets of Melbourne, the general cause of which has
been over consumption of alcohol. There are myriad
other outcomes through the abuse of alcohol and the
correlation between over consumption of alcohol and
assaults and the ramifications that have occurred not
just once or twice but regularly on the streets of
Melbourne.
Within the Sandringham electorate there have been a
number of zones around hotels — the Mentone Hotel,
the former Beaumaris Hotel and the Sandringham
Hotel — where incidents have arisen through under-age
drinking. There has been a level of access to licensed
venues where people have been able to circumvent the
security card system of hotels, but also within those
precincts on the Sandringham foreshore there has been
unregulated consumption of alcohol, which has led to
myriad other adverse antisocial outcomes within my
electorate that involve a cost to the community.
What this bill does is try to redress that and to set a
community standard so that in terms of people who
have access to alcohol, it should be supplied to a person
under the age of 18 only with parental consent. This
makes it easier for parents who are conducting a party
to set the standard. It should encourage a wider
community awareness as to what the benchmark should
be, enabling young people to live productive lives
rather than having certain life-changing events
occurring to them through unsupervised over
consumption of alcohol and through inexperience.
Through my work as a member of Parliament I am
aware parliamentary committees have taken on board
evidence in relation to this issue. I note too that the
Drugs and Crime Prevention Committee had been
pushing for secondary supply laws for a long time.
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ASSEMBLY PROOF
Members of this Parliament and all-party committees
have pushed for it. In addition, the Australian Drug
Foundation has pushed for reform of this area of the
law to mirror or duplicate what already exists in other
states or to empower the Victorian legislature to enact
similar provisions. This bill is a good reform, and if it
makes a difference to one life this year it will be
legislation well enacted.
Mr McGUIRE (Broadmeadows) — I rise to
address concerns about adolescent drinking and the
strategic approach to be adopted in response. The bill
before the house amends the Liquor Control Reform
Act 1998 to make changes to the way Victorians aged
under 18 obtain access to alcohol in private residences.
The amendments in the bill make it an offence to
supply liquor to a minor in a residence without parental
consent. The fine for supplying alcohol to a minor in a
private residence has been set at a maximum of $7167.
The minister said this should act as a deterrent for
adults contemplating supplying alcohol to children
other than their own.
One of the objectives of the bill is to provide parents
with greater support in deciding how their child is
exposed to liquor, and this is to be supported by a
‘comprehensive information and education campaign’
to deliver a greater understanding of the issues. This is
crucial. Parents need to be informed before they give
consent. Labor does not oppose this bill and is
committed to ensuring alcohol is consumed
responsibly, yet this bill remains silent on what the
government will provide in its information and
education campaign.
I was a member of the Victorian Drug and Alcohol
Prevention Council when it commissioned a survey on
under-age drinking that found that 84 per cent of 16 and
17-year-olds confirmed they had consumed alcohol.
Almost one-third of those surveyed two years ago had
consumed 20 or more standard drinks in any one day at
least once in the previous year. Put bluntly, alcohol
intake is one of the major issues, if not the major issue,
affecting young Victorians. Research indicates that as
this cohort ages, more than 25 per cent of deaths will be
related in some way to alcohol. This is tragic. In many
cases it could be prevented.
This bill deals with a loophole. It is not the silver bullet
for adolescent binge drinking but it does provide an
opportunity to address major concerns. My concern is
that this bill does not strive to deliver a comprehensive
alcohol strategy on the bigger levers for changing
culture and reducing harm — marketing, supply,
distribution and price.
Wednesday, 6 April 2011
I am also concerned about whether parents can make an
informed decision before granting consent for their
children to drink alcohol if they do not know about the
most up-to-date evidence.
However, the information and education campaign
provides an opportunity that should not be missed to
deliver crucial messages so that informed decisions can
be made — for example, young brains do not fully
mature until the age of 25, according to recent research.
A lot of drinking by 15-year-olds is binge drinking,
which is defined as having five alcoholic drinks in a
row, and getting intoxicated. This is happening to about
one-third of Victorians aged 15 to 16 years according to
the chair in health psychology at Deakin University,
Professor John Toumbourou.
Mr Wynne — One third?
Mr McGUIRE — Yes. These findings need to be
considered in the information and education campaign.
The conclusions of this research are that about 25 per
cent of young people report that parents buy alcohol for
them. While the parents’ motivation is to limit the
amount of alcohol minors consume, introducing or
allowing alcohol consumption for minors raises some
risks, according to this research. These risks also need
to be considered through a nuanced education strategy.
The research found that the likelihood that adolescents
will drink regularly at 15 is predicted on the age at
which they first consumed alcohol. If they drank at a
younger age it was more likely they would be drinking
regularly by the time they were 15. A conclusion was
that the more regularly you drink alcohol at 15, the
greater tolerance you have and the more drinks you can
consume in a session. This is an issue because studies
now show that the effect of alcohol on the adolescent
brain is much greater than the same quantity consumed
by an adult. According to the science, as young people
develop a tolerance to alcohol they can drink a lot more
before they get to a point where they have to stop.
Drinking frequently at 15 also establishes how you are
likely to be drinking in young adulthood. Research has
found little of this drinking tends to be moderate. This
is regarded as a particular problem for females.
According to these findings, young women are drinking
at higher rates than we have seen in Australia
previously. Experts are concerned about the adverse
impacts. The rise in the numbers of young women
drinking has emerged as a clear pattern during the past
two decades.
One reason has been described as the changing role of
young women. According to the research, parents are
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LIQUOR CONTROL REFORM AMENDMENT BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
now reportedly more reluctant to set a different
standard for boys and girls. The research states that in
previous generations there was a double standard and
young girls were often put under a different regime by
parents. Another reason is that the industry has targeted
young women as an emerging market for
sweet-flavoured drinks specifically designed for female
tastes. Disturbingly, young women are not convinced
by the evidence from psychology and physiology that
alcohol has a different effect on them relative to men.
The research has found that they believe it is all right to
drink at the same rates as young men.
Under-age binge drinking is a dangerous and
challenging social trend. We are constantly discovering
new information that needs to be communicated to
parents, adolescents and the broader community. This
bill addresses one issue in a mosaic. It demands a more
strategic response to consider the latest scientific
findings and cultural understandings.
Alcohol consumption is a major national problem that
requires a comprehensive and coordinated preventive
strategy. It can begin with this bill by using the
proposed information and education campaign to
explain in detail the evidence-based facts about which I
believe many parents do not know. This is the least we
should do so that parents can be informed when they
consider whether they should grant consent. Parents in
Broadmeadows and in communities across Victoria
want to feel their children are safe at parties and that
they have made an informed decision about consent.
The opportunity also exists to deliver a coordinated
strategy for a comprehensive response to the big picture
issues such as the marketing, supply, distribution and
price of alcohol. This can be done at a national level,
for example, under the auspices of the Council of
Australian Governments and the newly established
Australian National Preventive Health Agency. To do
less for our children would be a folly.
Mr CRISP (Mildura) — I rise to make a
contribution on the Liquor Control Reform Amendment
Bill 2011, a bill which I support. The purpose of the bill
is to amend the Liquor Control Reform Act 1998 to
impose further restrictions on the supply of liquor to
minors. There is plenty of notice for the
commencement of this legislation, which will be
February 2012.
21:45
That notice will be needed because a lot of parents of
17-year-olds and 18-year-olds, or perhaps younger
children, are going to need to have some very deep and
meaningful conversations.
103
The bill amends the Liquor Control Act 1998 to make
changes to the way people who are under-age obtain
alcohol at private premises. The amendments to the act
will make it an offence to supply liquor to a minor in a
residence without parental consent, and this strengthens
the role of parents in making decisions regarding
children and alcohol.
There are some disturbing figures, and I note the
contribution of the previous speaker, the member for
Broadmeadows, in obtaining some of these figures. The
Victorian Drug and Alcohol Prevention Council’s 2009
Victorian Youth Alcohol and Drug Survey — Final
Report found that 84 per cent of 16 and 17-year-olds
surveyed confirmed that they consumed alcohol, and
31 per cent of those had consumed 20 or more standard
drinks in one day in the past 12 months. That is a high
level of drinking for a young mind. The same survey
also found that half the minors surveyed indicated they
had usually consumed alcohol at a friend’s place, and
61 per cent of respondents had received the alcohol
from a friend or acquaintance. Many of us would find
this disturbing at such a young age.
The operation of this bill is very much drafted to follow
similar bills in New South Wales, Queensland and
Tasmania. The Victorian law has been drafted along
New South Wales lines, and it brings up a number of
issues. The provisions relating to the responsible
service of alcohol to minors in Victoria will not be
regularly enforced; their predominant value is as a
deterrent. That is something that is important. We need
to send clear messages that alcohol and the developing
mind must be managed and must be considered.
There are a number of other areas and scenarios that
parents will find themselves needing to develop and
understand. It is the classic dilemma of the
18th birthday party. In many cases parents seek to have
these birthday parties in their homes so they can control
and manage behaviour in relation to the consumption of
alcohol. However, in doing that the situation where
parents supply alcohol to their child’s friends who are
minors is something that will have to be considered.
Our interpretation of this is very much that if a minor is
at a friend’s house and a friend’s parent supplies the
minor with alcohol, that would be against the law
unless the minor’s parent, guardian or spouse
authorised the supply.
People will need to have this discussion. I think it is
very useful for parents and young adults to have these
discussions, to talk about what happens and to
understand what the law requires and what the parents
require. This will be difficult, but I believe it will be
good. Those scenarios can happen in many ways. The
LIQUOR CONTROL REFORM AMENDMENT BILL 2011
104
ASSEMBLY PROOF
consent part is important in this. The consent can be
verbal or written, but it will have to be worked out with
the parents.
I am very pleased to be supporting this legislation. It is
time for this reform to occur. We need to be vigilant
about the effects of use of alcohol, particularly on
developing minds. We need to be vigilant about the use
of alcohol by minors without their parents’ permission.
Parenting has its responsibilities, and this is one area
where we are going to step up to the mark and bring
this valuable reform to the state of Victoria.
Mr ANGUS (Forest Hill) — It gives me great
pleasure to speak on this bill this evening. It is a very
simple and very clear bill but yet a very profound bill.
We are all well aware, and we have heard from
members on both sides of the house in relation to this
bill, of many examples and much discussion in relation
to the current use of alcohol in society.
21:50
It is very apparent to all of us in this place, and to most
people in society in general. The difficulty posed by
alcohol use, particularly excessive and inappropriate
alcohol use, is no doubt a major problem in our society.
We as a responsible, incoming government are bringing
legislation into this place to address many of the issues
relating to that particular problem, and this is certainly
one of them.
I turn to the objectives of the Liquor Control Reform
Amendment Bill 2011. The first objective of the bill
that I want to talk about tonight is the fact that it
implements a clear government policy and commitment
in relation to prohibiting the secondary supply of liquor
to a minor in a private home without parental consent.
It is a clear piece of legislation and, as I said before, an
important and profound one.
The second objective of this legislation is to provide
parents with further support in determining how and
when their children are exposed to alcohol. Without a
shadow of a doubt this is what the community is
looking for from this place. People are looking for
leadership in relation to these sorts of problematic
matters in the community. This particular piece of
legislation empowers parents once again, and that is
what the community is looking for in relation to this
particular area. This bill puts the onus on the person
who intends to supply the alcohol, and, as others have
commented, it talks about how any supplier of alcohol
must speak to the minor’s parent or guardian and obtain
verbal or written consent prior to supplying alcohol to
the minor. If that consent is not forthcoming, either
verbally or in writing, alcohol must not be supplied.
Wednesday, 6 April 2011
This bill obviously removes the current exception of
supply in a private residence, and it addresses a very
important situation. Like many others in this place, I am
a parent of teenage children, and we have all had the
experience where our children have innocently gone off
to a function. I can think of one occasion where we
dropped our daughter off at a 16th birthday party only
to find out later that the big brother was also having a
function — an 18th or a 21st, I cannot recall. He and his
mates had plenty of liquor on the premises and the
mum and dad were not there. We got a call from our
daughter saying, ‘This is turning into a bit of a difficult
situation’. Some of her friends were not as resilient as
she was and succumbed to the situation that
subsequently ensued. That was a concern and, as a
member of the community, that has been a concern to
me for quite some time. It is good that we can stand
here in this place and solve these sorts of problems for
parents in the state of Victoria.
It is also worth noting, as other members have noted,
the minister’s comments in the second-reading speech.
He stated that:
… the 2009 Victorian youth alcohol and drug survey also
found that over half of the minors surveyed indicated that
they usually consumed alcohol at a friend’s place.
Again, that situation reinforces the issue and the
problem that exists, and the fact that together in a
bipartisan manner we can now put this legislation
through the Parliament and solve the problem. The
legislation is going to be warmly received by
community members here in Victoria.
It is interesting to also note that other jurisdictions
already have this sort of legislation. If we consider the
situation particularly in New South Wales. Queensland
and Tasmania, we can see they have already crossed
this bridge. Other members have said that committees
have looked at this issue in the past, so even though we
are lagging behind those states and even though it has
taken a while, it is terrific that we are here. I
congratulate the minister on this bill, and I heartily
support it. I commend this bill to the house.
Mr WATT (Burwood) — I rise to support the
Liquor Control Reform Amendment Bill 2011 and to
congratulate the Minister for Consumer Affairs on such
a fine piece of work.
Mr Wynne interjected.
The ACTING SPEAKER (Mr Weller) — Order! I
will hear the member for Burwood without assistance
from the member for Richmond, who is out of his
place.
21:55
RESIDENTIAL TENANCIES AMENDMENT (PUBLIC HOUSING) BILL 2011
Wednesday, 6 April 2011
ASSEMBLY PROOF
Mr WATT — This bill amends section 119(5)(e) of
the Liquor Control Reform Act 1998 to further restrict
the supply of liquor in a residence so that it may be
supplied to a person under the age of 18 only by:
(i)
a parent, guardian or spouse of the person (if the spouse
is of or over the age of 18 years); or
(ii) someone who is authorised by a parent, guardian or
spouse of the person (if the spouse is of or over the age
of 18 years) …
It is a fairly simple bill. I think most Victorians would
expect not to supply alcohol to someone who is not
their child and that, as parents, they should have the
right to determine whether or not their children are
supplied with alcohol.
I note that other jurisdictions have similar legislation.
Both the New South Wales Liquor Act 2007 and the
Queensland Liquor Act 1992 contain clauses that are
similar to this. It is about time that we come on board.
We have had 11 dark years of Labor with no action on
this, and I think most Victorians would have expected
that this was already part of the law. Most people would
expect that they should not give alcohol to someone
who is not their child. This bill is common sense. I
would be very disappointed if someone else was plying
my children with alcohol without my consent, keeping
in mind that my children are fairly young. I commend
this fantastic bill to the house.
Dr SYKES (Benalla) — I wish to make a brief
contribution to the debate on the Liquor Control
Reform Amendment Bill 2011 and congratulate the
Baillieu-Ryan government on introducing this piece of
common-sense legislation, which signals a cultural
change in that it is no longer okay to supply alcohol to
someone else’s child and to see the damage that it can
do to them.
In the previous Parliament I was a member of the Drugs
and Crime Prevention Committee, which looked into
this issue as well as binge drinking amongst young
people. The committee made a recommendation to
implement this piece of legislation. I note that it has
been a number of years since that recommendation, and
now the Baillieu-Ryan government has been elected
and has shown the courage and common sense to bring
it together.
The key message is that this signals a cultural change. It
will be difficult to police at times, but the message is
that there are consequences if something goes belly up
as a result of an adult serving alcohol to another
person’s child. That is important. Linked with that no
doubt will be an ongoing education program to convey
105
the messages that other members of the house, such as
the member for Broadmeadows, have conveyed, which
are that younger people’s brains are less well developed
and less capable of dealing with the impacts of alcohol
and that the damage that is done is long lasting and
cumulative. We have seen the effects of alcohol in
other circumstances, including where peer group
pressure exists and given the bulletproof mentality of
young people when it comes to death on our roads.
This bill is part of the suite of legislation that is
intended to protect our young people and to give
parents a sense of control. It respects the rights of
parents to bring up their children as they see fit and
encourages young people to be responsible. As the
member for Forest Hill indicated, he is doing a good
job with his children. When his daughter was
confronted with an awkward situation, she had the
maturity and the faith in her parents to ring and express
concern about the direction in which the situation was
heading. This legislation takes some pressure off
children such as the daughter of the member for Forest
Hill and supports parents in doing what they do best —
that is, bringing up their children. I commend the bill to
the house.
Business interrupted pursuant to standing orders.
The SPEAKER — Order! The time set down for
consideration of items on the government’s business
program has expired and I am required to interrupt
business.
Motion agreed to.
Read second time.
Third reading
Motion agreed to.
Read third time.
RESIDENTIAL TENANCIES AMENDMENT
(PUBLIC HOUSING) BILL 2011
Second reading
Debate resumed from earlier today; motion of
Mr DELAHUNTY (Minister for Sport and
Recreation).
Motion agreed to.
Read second time.
22:00
HEALTH SERVICES AMENDMENT (HEALTH INNOVATION AND REFORM COUNCIL) BILL 2011
106
ASSEMBLY PROOF
Third reading
Motion agreed to.
Read third time.
HEALTH SERVICES AMENDMENT
(HEALTH INNOVATION AND REFORM
COUNCIL) BILL 2011
Second reading
Debate resumed from 5 April; motion of
Dr NAPTHINE (Minister for Ports).
Motion agreed to.
Read second time.
Third reading
Motion agreed to.
Read third time.
MULTICULTURAL VICTORIA BILL 2011
Second reading
Debate resumed from earlier this day; motion of
Mr KOTSIRAS (Minister for Multicultural Affairs
and Citizenship).
Motion agreed to.
Read second time.
Third reading
Wednesday, 6 April 2011
members of the house know Somerton Road, but it is
incomplete. When VicUrban built Roxburgh Park,
Somerton Road was duplicated to Roxburgh Park
Drive. From Roxburgh Park Drive to Mickleham Road
it can only be described as much less than satisfactory.
It is amongst the roads in the state most needing to be
duplicated. That project has the support of the Royal
Automobile Club of Victoria. The CEO of the RACV,
Mr Brian Negus, late last week identified Somerton
Road as one of the most dangerous roads in the outer
suburbs. It is certainly very high on the RACV’s list of
roads that need to be duplicated. One of the things that
has hastened the call for Somerton Road to be
duplicated is the fact that the City of Hume, through a
developer-funded road commonly known as the E14, or
Aitken Boulevard, is now going to intersect Somerton
Road near an estate called Shannon Rise and near
Kirkam Drive. That will create almost a crossroads,
which will be extremely dangerous. There was a death
on the corner of Magnolia Boulevard and Somerton
Road late last year when a woman was doing a
right-hand turn out of Magnolia Boulevard and
unfortunately was hit by a truck. This road duplication
needs to be done. The speed limits were dropped to
70 kilometres an hour but this section of Somerton
Road goes up a big hill in front of the Greenvale
Reservoir, and cars and trucks get their speed up to get
up the hill.
Once again, the action I call for is for the Minister for
Roads to fund the duplication of Somerton Road from
Roxburgh Park Drive to Mickleham Road, paying
special attention to the intersection of Kirkham Drive,
Aitken Boulevard and Somerton Road. This road has
taken lives. It is a proven death trap, and the duplication
needs to be funded now. I call on the minister to
provide that funding.
Motion agreed to.
Kilsyth electorate: sports facilities
Read third time.
Mr HODGETT (Kilsyth) — I wish to raise a matter
of importance with the Minister for Sport and
Recreation. I call on the minister to visit the electorate
of Kilsyth to update my community on the progress of
the commitments made during the election campaign
and for the minister to see firsthand the needs of our
local sports clubs and facilities.
Business interrupted pursuant to sessional orders.
ADJOURNMENT
The SPEAKER — The question is:
That the house do now adjourn.
Somerton Road: duplication
Ms BEATTIE (Yuroke) — I wish to raise an urgent
matter for the attention of the Minister for Roads. The
action I seek is for the minister to fund the duplication
of Somerton Road in the upcoming budget. Many
Kilsyth is an electorate with a vastly diverse
demographic. There is a strong sense of community,
and sports clubs are part of the glue that keeps our
suburbs and neighbourhoods strong. Kilsyth is home to
many sports clubs and facilities, with almost every
sport imaginable available. From football, basketball
and netball to BMX, table tennis and baseball,
22:05
ADJOURNMENT
Wednesday, 6 April 2011
ASSEMBLY PROOF
thousands of residents in Kilsyth participate in regular
and organised sport.
During the 2010 election campaign the coalition made a
number of important commitments to improve and
support some of the sports clubs in the Kilsyth
electorate. I am extremely grateful for the coalition’s
commitment to local grassroots sport, and I am proud
of the benefits that improvements to facilities will
provide to the junior and senior sportspeople of my
electorate. I ask the minister to come to Kilsyth to
confirm both his and the Baillieu government’s
commitment to sports clubs and facilities.
Pinks Reserve in Colchester Road, Kilsyth, has been
promised funding towards a new netball facility. Pinks
Reserve is also the site of the Kilsyth basketball centre
and the Kilsyth Football Club, and the creation of a
netball centre will enhance Pinks Reserve as a true
sports hub. The Croydon and District Table Tennis
Association, which is the biggest table tennis
association in Australia and has produced four Olympic
representatives, has had funding committed for new
lighting, new equipment and new tables. The coalition
has committed to funding for new lighting towers at
Mooroolbark Heights Reserve. I am pleased to report
that work on the new lighting towers has commenced
and that Mooroolbark Football Club will have the
facility of new lights for training during the 2011
season.
Barngeong Reserve is home to the Croydon Junior
Football Club, the Croydon North Junior Cricket Club
and the Croydon Rams Baseball Club. The coalition
committed funding for new clubrooms during the
election campaign. I am pleased that the Baillieu
government can provide brand-new facilities for all
clubs resident at Barngeong Reserve to enjoy. A
funding commitment was also made for master plan
design works for new clubroom facilities at Silcock
Reserve.
I ask the minister to visit Kilsyth and support the
Baillieu government’s 100 per cent commitment to
grassroots sport. Kilsyth has a wonderful sports culture,
and it is a thrill, as the member for Kilsyth, to support
local junior and senior clubs.
Roads: Yan Yean electorate
Ms GREEN (Yan Yean) — I raise a matter tonight
for the attention of the Minister for Roads. I ask him to
make a commitment in the forthcoming state budget,
which will be delivered next month, to invest
$17 million to duplicate Epping Road from Memorial
Avenue to Findon Road and to include traffic lights at
107
that intersection. I am very proud to say that Labor in
government had made a commitment to duplicate the
road, as it had delivered work on many roads in the
north of Melbourne. They included the duplication of
Cooper Street and the duplication of Plenty Road from
Centenary Drive up past the South Morang fire station.
The current project, which I understand this
government tried to halt, is the duplication of Plenty
Road heading towards Mernda.
Anyone who read the media reports last Friday will
understand that Melbourne in general and the north of
Melbourne are part of the largest area of population
growth in this country. It seems to have escaped
government members opposite that the Yan Yean
electorate is the most populous electorate in this state.
They failed to commit a single dollar to any form of
infrastructure to the north, whether it be roads, public
transport, hospital beds or schools. I call on the Minister
for Roads to turn around this total abrogation of
responsibility for the communities of the north and in
the forthcoming budget to consider the needs of the
north so that people there can move around and get to
schools, work and shopping centres as they need to.
I am proud to represent the communities of the north.
We offer a great lifestyle. We have new schools and
new communities evolving. There are not just new
housing estates but new suburbs.
We need to support those communities by providing
them with good road networks and connections. It was
not enough for the Liberal-Nationals coalition to decide
not to commit anything to the north. Now it is putting
the wrecking ball to major job-generating projects in
the north. It is walking away from thousands of jobs
that the wholesale fruit and vegetable market in Epping
would provide; it is not providing much-needed doctors
at the Northern Health academic and research precinct;
and it is not providing plans to upgrade a single school
in the north. I urge the government to act on High
Street — —
The SPEAKER — Order! The member’s time has
expired.
Princes Freeway: Morwell closure
Mr NORTHE (Morwell) — I seek action from the
Minister for Roads. The action I seek is that he visit the
Latrobe Valley to discuss measures the government is
taking to minimise traffic congestion over the Easter
period following the closure of the Princes Freeway in
Morwell in February.
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On 7 February after a large rain event a sinkhole and
cracking were identified in the northern part of the
Hazelwood mine and on the freeway and an adjoining
area of land. As we know, that has caused great
consternation. On the northern edge of the mine, not far
to the north, we have an open drain. That open drain
effectively carries the stormwater of the township of
Morwell. Further to the north we have the freeway, and
further north again we have residential parcels of land
at the edge of Morwell. These areas are in close
proximity, so obviously over the ensuing days an
assessment was undertaken of the area. On 10 February
it was determined that a full closure of the Princes
Freeway in Morwell would occur. Unfortunately it
would be fair to say that over time that has created
much consternation for not only the residents of
Morwell but also of course those who travel through the
area. There is no doubt that it is a challenging situation.
I take the opportunity to commend the emergency
management team that is dealing with this matter — a
group that is headed by the Victoria Police. Geoff
Newby and his team are doing a wonderful job in
communicating the current issues in relation to this
incident. VicRoads, the Department of Primary
Industries, International Power Hazelwood and the
Latrobe City Council are also doing their utmost to
ensure that the community is kept informed of the
situation. The community is getting ongoing updates on
the status of the freeway closure. Within the emergency
management team a traffic management group has been
appointed to manage the road and traffic flows through
Morwell and through alternate routes where possible. It
would be fair to say that over the Labor Day long
weekend there were some congestion issues in Morwell
and it is imperative over the Easter period that the
traffic management group’s communications get out to
all Victorians travelling through the area. We certainly
sent out a clear message that Gippsland is open for
business over the long weekend and we want to see the
minister come down to Latrobe Valley to see firsthand
the issues that we are experiencing.
Of course the minister is very much across the issues.
We are keeping him informed on a very regular basis,
as we are informing all ministers who have
responsibility with respect to this particular matter. I
call upon the minister to visit the Latrobe Valley in the
near future to discuss these concerns.
Rail: Geelong station
Mr TREZISE (Geelong) — I raise an issue on
tonight’s adjournment with the Minister for Public
Transport. The issue I raise relates to people with a
disability or elderly or infirm people being able to
Wednesday, 6 April 2011
easily and efficiently access platforms 2 and 3 at
Geelong railway station. Currently those people who
for whatever reason are unable to climb steep stairs are
unable to access platforms 2 and 3 at Geelong railway
station without the assistance of station staff. This is
because an old footbridge provides the only access to
platforms 2 and 3.
The action I seek from the minister is that he investigate
and fund some form of infrastructure that will provide
direct access to platforms 2 and 3 at Geelong railway
station for people with a disability. At present any
passenger who is unable to climb the steps of the
footbridge is reliant on station staff to place them on a
buggy, transport them down to the end of platform 1
across rail lines 1 and 2 and then up on to platforms 2
and 3.
In 2011 this is clearly unacceptable, and the time for
some action to be taken is well and truly overdue.
In raising this issue I recognise that the problem has not
been adequately addressed by numerous governments
over the last 15 to 20 years, and I acknowledge that in
recent years there has been some effort by V/Line staff
to ensure that people requiring assistance do get this
assistance, but for people to be relying on busy railway
staff is not the best solution — far from it — and it is
time that some form of lift, for example, was installed
to provide more direct and adequate access.
Numerous people have raised this issue with me in
recent years, including Cr Barb Abley and various
disability groups. I in turn have raised this with both
V/Line and the Department of Transport. In raising this
with the minister, and before he says, ‘Oh, really’, I am
not pointing the finger at the minister — far from it —
for the lack of action because, as I said before, this issue
has been around for a number of years, but I genuinely
raise this tonight in an effort to finally and once and for
all resolve this issue for the betterment of the Geelong
railway station.
Schools: Forest Hill electorate
Mr ANGUS (Forest Hill) — I raise a matter for the
attention of the Minister for Education. The seat of
Forest Hill suffered under the previous government,
with many areas having been neglected during the last
11 years. For example, a number of schools in the
electorate of Forest Hill suffered from the underfunding
of the Labor years and now have maintenance backlogs
requiring urgent attention.
I have been in contact with all the school principals in
the seat of Forest Hill, and they have outlined to me a
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number of their schools’ particular needs. One of the
frequently cited needs that has been raised with me is
the issue of outstanding maintenance. The previous
government should be condemned for its neglect of
public schools during its 11-year term.
It is interesting to note that an article entitled ‘Schools
in shambles’ on page 12 of yesterday’s Herald Sun
newspaper talked about the issue of the school
maintenance backlog. One paragraph in the article
states:
AEU Victorian president Mary Bluett said years of neglect
had left maintenance as the number one problem for
principals.
Years of neglect — that certainly sums it up! The
previous government failed the Victorian community in
many areas, including this vital area of maintenance of
public schools. The waste and mismanagement of the
previous Labor government meant that taxpayers
money was wasted rather than being used where it was
needed.
Honourable members interjecting.
The SPEAKER — Order! The members for
Geelong and Ballarat East!
Mr ANGUS — Given the maintenance problems
that the new government has inherited, it is worth
noting how some of the taxpayers hard-earnt money
was squandered by the previous Labor government
over the last 11 years — for example, the overrun on
myki of some $1 billion. Imagine what could have been
done to erode the school maintenance backlog with an
extra $1 billion from this project alone.
I am aware that the new Baillieu-Ryan government has
been working hard to address these matters and to
implement actions that will restore the condition of
schools throughout Victoria. The action I seek is that
the Minister for Education visit the seat of Forest Hill. I
would welcome the opportunity to discuss the needs of
Forest Hill schools with the minister and to outline to
the minister some of the very important local school
issues that need to be addressed.
The SPEAKER — Order! I ask all members when
they get up to speak to let the Chair know which
minister they are addressing their matter to and what
action they want taken.
Vertex: Ballarat customer support centre
Mr HOWARD (Ballarat East) — I raise a matter
for the attention of the Premier. The action I seek is for
the Premier to come with his Minister for Employment
109
and Industrial Relations up to Ballarat. Members might
be aware that in the last sitting week the Minister for
Innovation, Services and Small Business spoke in this
Parliament in response to a Dorothy Dixer in question
time and appeared to gloat over the stalling of the
establishment of a 500-seat customer support centre in
Ballarat. The apparent stalling of this project, which
received much support at the time of its announcement
from the City of Ballarat and the former government, is
obviously a source of much disappointment to Ballarat.
I am pleased that the new government is aware of the
Vertex project and its apparent stalling, but it would
therefore seem to us a high priority to have the Premier,
along with the employment minister, come to Ballarat
to talk with key people at the City of Ballarat, with
industry leaders and with other relevant stakeholders in
the area about what can be done and what support the
state government can provide to either get the Vertex
project going or to see alternative job creation
initiatives supported.
Under the former Bracks and Brumby governments
Ballarat was used to having the Premier visit to discuss
key issues and to deliver important state support project
funding. It is now more than four months since the
government was elected and still the Premier has not
seen fit to visit Ballarat, the state’s largest inland city
and the third biggest city in the state. Ballarat deserves
ongoing state support. To date the level of attention
given by the Premier has been minimal. He will not
even follow the long-established tradition of speaking
on local radio station 3BA in a regular slot. He appears
to be totally disinterested in the need to link with
Ballarat or to speak with anybody in Ballarat.
I repeat my request to the Premier that he come to
Ballarat, meet our people and learn what Ballarat
community leaders believe his government can do to
support jobs and community development. I will
certainly be happy to show him around if he is shy. The
Premier should come up and show some interest in our
city and our region. Clearly he is wanted. We want a
Premier who cares about Ballarat.
The SPEAKER — Order! Members should not use
props.
Floods: Murray Valley electorate
Mr McCURDY (Murray Valley) — I raise a matter
for the attention of the Minister for Regional and Rural
Development. The action I seek is for him to support
the people of Murray Valley electorate and more
particularly the people of Wangaratta to help us to
recover from the recent floods.
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During the recent flooding in Wangaratta there was
extensive damage done to private and public property.
Recently the minister visited Wangaratta and witnessed
firsthand the damage that was caused. During this visit
he supported the council with funding for roads, bridges
and other shire facilities. However, Merriwa Park,
which he knows quite well, was extensively damaged,
and there remains an urgent need to restore and
re-establish infrastructure. Merriwa Park is an
important Wangaratta asset, with many large, shady,
grassed areas, a playground, a sound shell and a lawn
tennis club. Many sporting groups use the park for
pre-season fitness training, and the tennis courts are
available to club and non-club members.
Flooding last September and December damaged the
recreational area badly. The lawn tennis club had
extensive damage to its heritage-listed clubhouse. The
unsealed and busy car park adjacent to the tennis club
deteriorated considerably, requiring urgent
refurbishment. The project needs to resurface the car
park and install basic gates and fencing to entry areas
for use at times when there is excess water. The total
project cost is $201 000, and we require $150 750 in
assistance from the Victorian government, a further
$40 000 from the Rural City of Wangaratta and
$10 000 from the Wangaratta Lawn Tennis Club.
I reiterate that the action I am seeking is that the
minister support the people of Murray Valley electorate
to help us recover from these events. Merriwa Park is a
cornerstone of many community activities, and we seek
the minister’s support. This park has previously been
inundated by floods, the latest being in 1998 and 1993.
The park is highly valued by the local tourist
communities, and if it were not for the efforts of major
volunteer groups and the council in sandbagging the
park and its perimeters, even greater inundation would
have occurred. We request the minister’s attention to
support the people of Murray Valley electorate through
the Flood Recovery Community Infrastructure Fund.
Essendon electorate: Lionsville aged-care
facility
Mr MADDEN (Essendon) — My request tonight is
for the Minister for Environment and Climate Change. I
seek the minister’s assistance to facilitate the possible
extension of a current Crown land lease.
Many years ago the Lions Club of Essendon developed
what is known as Lionsville. The Lionsville aged-care
facility is in a prominent location on the corner of
Pascoe Vale and Moreland roads, Essendon, alongside
the Moonee Ponds Creek. It has existed as a residential
Wednesday, 6 April 2011
village for the elderly seeking independent retirement
accommodation for about 50 years.
The initiative was established by the Lions Club of
Essendon, which may I say recently celebrated its 58th
birthday. The club would like to progressively improve,
renew and redevelop the site to accommodate more
residents in a contemporary setting that is more
appropriate to the demands and needs of the residents
and to complement those needs with relevant services.
I understand that as recently as last Monday the
Lionsville committee of management was given the
go-ahead by the Victorian Civil and Administrative
Tribunal to allow a planning permit for the
development to be granted by the City of Moonee
Valley, which might I say is also extremely supportive
of the development.
The difficulty the committee has is that the situation is a
relatively unique one and is different to the types of
leases that the Department of Sustainability and
Environment tends to deal with. My request tonight is
for the minister to direct the department to negotiate in
good faith and explore the options that might provide
an arrangement whereby the lease can be extended for
as long as possible to allow Lionsville to expand and
cater to the needs of an increasing number of elderly
locals seeking suitable independent retirement
accommodation. The minister might even meet with
representatives of the Essendon Lions Club and the
Lionsville committee of management, in particular
Stephen Brown, the Lionsville business director, to
work towards a beneficial resolution for not only the
Essendon community but those elderly residents in the
area seeking independent accommodation.
Kananook Creek: management plan
Mr SHAW (Frankston) — I raise a matter for the
attention of the Minister for Water. The action I seek is
for the minister to work towards the delivery of our
election promise to clean up Kananook Creek.
The story of Kananook Creek is important to
Frankston’s history and extends into the Carrum
electorate. In 1907 our newspaper, the Frankston
Standard, reported that Kananook Creek was
beautifully fringed with trees and that it wound in and
out in a pleasing and romantic manner. The creek made
it easy for fishing boats to shelter and berth from the at
times unpredictable conditions on Port Phillip Bay.
At one time the creek attached to the Carrum Carrum
swamp, providing a flow of water north and south.
When the swamp was drained the creek became a
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111
stagnant series of ponds and was polluted by waste
from the Frankston township, resulting in a foul smell.
A once vibrant fishing creek was no longer.
Mr SHAW — That the minister visit Kananook
Creek and work towards the desilting of it using the
$2.5 million.
For decades possible solutions have been discussed by
many members of the community, all to no avail. In
recent times a number of sectors of government,
including Melbourne Water, Parks Victoria and the
City of Frankston, have passed responsibility to each
other, with no-one taking the lead and breaking through
the bureaucratic barriers. No-one has stood up to
provide leadership.
Ms Beattie — On a point of order, Speaker, I have
been listening carefully to the various contributions,
and I know there are a number of new members, but the
custom and practice of this house is to raise one matter
for one minister. Members are raising several matters.
The member for Frankston talked about police, and
then he talked about Kananook Creek. The member for
Murray Valley asked the minister for support. I am not
sure that these are actions. I seek your guidance,
Speaker. I ask that you have a close look at these
matters that have been raised on the adjournment and
give some guidance to the new members on exactly
what form the adjournment should take.
In the 1960s Kananook Creek had boat moorings, but
silt build-up, amongst other things, drove away those
who wished to moor their vessels. The creek has
launching ramps used by many fishermen in Frankston
and surrounding suburbs. Being a tidal creek, at low
tide many boat owners walk their boats back to the
ramps from the mouth of the creek or from the ramps to
Port Phillip Bay.
As a central activities district (CAD) Frankston was
given $12.5 million over five years, compared to
Dandenong’s $290 million. Frankston was the lowest
funded of the six CADs by Labor. It was obvious Labor
did not care about Frankston. Frankston was
underfunded and underresourced, not just in CAD
funding but also in policing. That is why, on behalf of
the people of Frankston, I congratulate our government
on its supplying of an additional 35 police this financial
year — the single largest police allocation in the state
from the largest police recruitment Victoria has seen.
And what has been done with this $12.5 million CAD
funding? Some $9 million of it was spent on a
boulevard at Kananook Creek, including a $l.3 million
bridge to 30 car spaces. What a waste of money. The
boulevard not only took over 100 car spaces from
people wanting to enjoy the beach but was built on a
creek that is treated as a drain.
I am pleased that with our commitment of $2.5 million
to clean up the creek the image of Frankston will
improve and a vibrant community area will be restored,
where boating, canoeing and other activities will be
enjoyed.
This promised has been welcomed by the Kananook
Creek Association — —
Honourable members interjecting.
The SPEAKER — Order! What is the action the
member is requesting?
It is my understanding that members should raise one
matter with one minister and then call for action.
The SPEAKER — Order! I very much appreciate
the member’s point of order and tomorrow I will peruse
Hansard to analyse the matters that were raised.
Responses
Mr RYAN (Minister for Regional and Rural
Development) — I rise to respond to an issue raised by
the member for Murray Valley. I pay tribute to the
member for the great representation he is providing to
his electorate. He certainly has substantial shoes to fill.
They were not necessarily the biggest shoes worn by
the former member, Mr Jasper, but metaphorically they
were very big shoes indeed. The member is doing a
great job in his role as the current member for Murray
Valley.
The member raised with me issues about Merriwa Park
and surroundings and the damage done by the floods in
September and then again in December 2010. The park
is a vital asset of the Wangaratta community. Within its
boundaries it has many large shady, grassed areas; it
has a playground, a soundshell and, very importantly, it
contains the lawn tennis club. Many of the sporting
groups in and around Wangaratta use the park for
preseason fitness training. The tennis courts are
available to club and non-club members. They are used
in the delivery of extensive tennis coaching as well as
providing a very vibrant tennis competition. Indeed I
am reliably informed that there are something in the
order of 500 members of this club in Wangaratta. It has
a great heritage of service to the Wangaratta district.
In the flooding last year during the two events
substantial damage was caused to this very important
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recreational area. The lawn tennis club also suffered
damage, which was apparent in the extensive damage
to the heritage-listed clubhouse. Some of the fencing
was also a victim of the event, as well as the adjacent
car park which requires extensive refurbishment to be
undertaken to improve access and to complement tennis
facilities at Merriwa Park. The unsealed, but
nevertheless very busy car park adjacent to the club
deteriorated considerably and requires urgent
refurbishment. As the member has indicated, all this
means that very extensive capital works will be
necessary if this great area of Wangaratta is able to be
returned to its former glory.
I am very pleased to be able to tell the member and the
house that the government of Victoria will be able to
provide a grant of $150 750 towards the total cost of
$201 000 needed to undertake these extensive works.
The project will comprise various aspects which will
include the resurfacing of the two hard courts that were
flooded, the restumping of the clubrooms and as a
consequence that will also need to have its walls
realigned. In addition, with the work done there will
need to be exterior and interior painting, new floor
coverings and the kitchen will need a complete refit. As
we have seen so often when floods strike, the damage
to kitchens, the whitegoods within them and the like, is
always very extensive. The project will also see the
resurfacing of a section of the car park, installation of
some basic gates and some fencing into the entry areas
that can be used should flooding threaten again and
which will prevent the extent of the damage that was
done across the park services as a result of the events of
last year.
I am delighted to be able to tell the member that as a
result of the sort of representation that he has made to
us as a government we will be able to see this work
done. I pay due regard to the contribution by the Rural
City of Wangaratta. Coincidentally tonight I was in
attendance at a function for regional cities not far from
Parliament where both Anthony Griffiths, the mayor,
and Doug Sharp, the chief executive officer of the
Rural City of Wangaratta, were in attendance in their
official roles representing the rural city.
22:35
It is a great thing the council is supporting this
initiative. In addition to that, I pay great regard to the
wonderful volunteers who are part and parcel of the
club and the wonderful work the club does on behalf of
the community of Wangaratta. I am pleased to be able
to tell the local member that as a direct result of what he
has been able to put to us we can now enable this work
to be done in conjunction with the council and
volunteers. I am sure it will be a wonderful outcome for
all concerned.
Wednesday, 6 April 2011
Mr MULDER (Minister for Roads) — I will firstly
respond to the issue that was raised by the member for
Geelong in relation to an investigation into federal
Disability Discrimination Act compliance on
platforms 2 and 3 at Geelong railway station. I would
just like to inform the minister that as part of the — —
Honourable members interjecting.
Mr MULDER — I would just like to inform the
member, I mean. He is hoping! I would like to inform
the member that as part of our process of dealing with
railway stations, particularly new railway stations, I
have put in place a panel to work with the
department — it will be made up of people from the
Victorian Council of Social Service and other
organisations in Victoria — to better inform the
department in terms of railway design, particularly
focusing on the functionality of railway stations.
I have done this because since having come to power
and taken up this portfolio I have visited a number of
the newer railway stations which have been built.
Obviously there are some significant problems in
relation to a lack of ramping. If you go to the Laverton
railway station, you will find some very steep stairs.
There are lifts in the public space that are often
vandalised. Quite often this results in elderly people and
people with disabilities having to be ferried around to
the other side of the station in taxis, and sometimes
those people have to wait for hours for taxis to turn up.
Yet we have had a massive, multi-million dollar
investment in a railway station that does not cater for
people in that situation.
I had a meeting on this issue today. The department is
currently setting up this panel. Each and every new
railway station that is built will have input from people
from different sectors around the community. There
will be people representing cycling groups; there will
be people representing those people who walk a lot;
there will be people representing the elderly and
disabled. We want to make sure when we build new
railway stations that we get it right. There could
perhaps be a role for the panel to have a look at some
retrofitting and upgrades of railway stations to make
sure the money we spend gets the best outcome.
What I have asked the panel to think about — and this
is even in regards to some of the documentation I saw
today about the regional rail link project — is the issue,
which I highlight again, of functionality in relation to
railway stations, because it is quite clear we have not
been getting that outcome in relation to some of the
buildings that have been constructed. That is under
way. I will get my department to have a look at the
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ASSEMBLY PROOF
issue the member for Geelong raised. It will also be
suggested to the panel that we start to look at some of
the existing stations, particularly with those issues in
mind.
From this point onwards those members of the
community who have not been represented in terms of
the design of stations will get a say in terms of how
those stations are fitted out, the access to those stations
and how those stations will function well. I visited a
station at Wendouree. It may have some great
architectural features, but when you look at the bus stop
and platform area, you find that if the wind comes from
a certain direction, people who are supposed to be
getting protection from the weather do not get it. I
walked up to the front door of that station and the glass
doors did not open because I did not approach them in
the right manner. If you are going to have stations that
cater for the needs of people from across a broad sector
of the community, you have to make sure they actually
function. We have not been doing that. I am very keen
to address that issue. I thank the member for Geelong
for raising this matter.
The member for Yan Yean raised a matter in relation to
the duplication of Plenty Road and traffic lights. I will
once again raise the issue with my department and get a
response for the member for Yan Yean.
The member for Yuroke raised an issue in relation to
the duplication of Somerton Road. Once again I would
take this matter up with VicRoads. I will get a response
for the member in relation to that matter.
The member for Morwell raised an issue in relation to
me and other members visiting Morwell particularly to
provide some support for the people within that
community as a result of the closure of the Princes
Freeway because of some subsidence in the ground that
has affected the road in that location.
22:40
It is very important that we show very strong support
for the people of Gippsland and, as we approach Easter,
send a very strong message that Gippsland is open for
business. This will involve VicRoads, in particular,
working hand in hand with Victoria Police to make sure
that everything that can possibly be done is done in
relation to getting people through Morwell, dealing
with delays, providing timely information and
providing updates in relation to traffic diversions.
Everything that can be done will be done for the people
of Gippsland, and particularly the people of Morwell, to
make sure that Easter trading continues, that people
continue to visit the area and most importantly that we
get timely information out there to the Morwell and
broader Gippsland communities.
113
I say to the member for Morwell that I will be up there
next week and will be inspecting that road with local
VicRoads authorities. Whilst up there I will be sending
a very clear message, and I understand other members
will be up there as well supporting the people of
Gippsland and Morwell and making sure we send that
message to the broader Victorian community — the
message that Gippsland is open for business.
Mr WALSH (Minister for Water) — I want to
respond to the adjournment issue raised by the member
for Frankston, which concerns the Baillieu
government’s commitment to clean up the Kananook
Creek, the $2.5 million commitment we made prior to
the election. The member for Frankston has invited me
down to view firsthand the works that need doing in
that area. The member clearly set out the need for
something to be done with the Kananook Creek, the
fact that during the last 11 years the Labor Party did
nothing about it and the member’s desire for the
coalition government to show some leadership and do
something down there. The Baillieu government is
going to show some leadership and is going to deliver
on cleaning up the Kananook Creek.
Along with the members for Carrum, Mordialloc and
Sandringham, the member for Frankston was part of a
meeting we had recently with Melbourne Water at
which we went through in detail the issues in the area
that need to be addressed concerning both Mordialloc
Creek and Kananook Creek, to which the member for
Frankston referred. Particularly in respect of Kananook
Creek there was the need for Melbourne Water to do
survey and design work on what needs to be done to
return that creek to its former glory as was set out by
the member for Frankston. I look forward to visiting
with him to see it firsthand.
Mr DELAHUNTY (Minister for Sport and
Recreation) — I stand up to thank the member for
Kilsyth for raising an important matter with me tonight.
I acknowledge the great work the member has done and
the strong commitment he has to his electorate,
particularly in relation to sport and recreation, areas in
which he has given enormous support to the
community. I know he is particularly interested in
increasing participation across a variety of sporting and
community clubs right across his electorate. The
member has outlined the diversity of clubs and
community groups within his electorate, whether they
be involved in netball, table tennis, football, basketball,
cricket or baseball, and the concerns they have.
As we all know, the member for Kilsyth was very
active in developing the coalition policy on sport and
recreation, particularly the initiatives affecting the
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electorate of Kilsyth. He did a great deal of work in
relation to that and lobbied hard for it. The Victorian
government places a strong priority on increasing
participation in sport and recreation right across
Victoria. Like the member for Kilsyth, as Minister for
Sport and Recreation I want to see an increase in
participation in sport and recreation right across the
state. I have a strong commitment to increasing that
participation across the state; I want to see more people
being more active more often. My aim is to do that with
the support of people such as the member for Kilsyth,
so tonight I accept the member’s invitation, and I will
visit his electorate in the very near future.
Mr DIXON (Minister for Education) — I am
responding to a matter raised by the member for Forest
Hill, who has asked me to come out to his electorate
and address some of the issues in schools in his
electorate.
22:45
I must say that the member for Forest Hill is doing a
wonderful job. He has made strong connections with
his local schools, and I know the schools appreciate the
interest he is showing in them, because it is a bit of a
novelty for them. He certainly already knows his
schools.
It was pointed out yesterday by the union that the
biggest issue facing many of our schools is the
condition of and the lack of maintenance done in the
schools over the last 11 years. I will be pleased to come
out to the member’s electorate, visit those schools and
tell them that we are going to address the maintenance
backlog in three ways. One will be through the usual
maintenance that would be part of a school’s student
resource package, which every school receives. We will
also carry out a full, one-off audit of all the
maintenance needs of all schools.
The former government had a series of rolling audits,
so one could not get a snapshot of the total picture of
maintenance required in government schools. It made it
very hard to pin down a number, and it hid the degree
of maintenance that was needed. We are having a
once-off maintenance audit so we can get an idea and
establish a benchmark from which we can improve. As
the member is probably aware, we have also announced
extra maintenance funding as part of our policy, and the
details of that will be released in this year’s budget.
Mr KOTSIRAS (Minister for Multicultural Affairs
and Citizenship) — I will refer all other matters to the
appropriate ministers for their direct response.
The SPEAKER — Order! I congratulate all the
ministers who came into the house tonight. It was good
Wednesday, 6 April 2011
to have a good round of answers, and I thank them for
that. The house is now adjourned.
House adjourned 10.47 p.m.