parliamentary deba~res (hansard)

-

VICTORIA

PARLIAMENTARY DEBA~rES

(HANSARD)

FORTY -FIFTH PARLIAMENT

SECOND SE6SION (1971-72)

iJegislatiue Ctrountil an~ iIlegislatiue Assembly

VOL. CCCllI.

[Froln August 31, 1971, to October 7, 1971J

MELBOURNE: C. H. RIXON, GOVERNMENT PRINTER.

W4t ~llUtrUllr His Excellency Major-General SIR ROHAN DELACOMBE, K.C.M.G., K.C.V.O.,

K.B.E., C.B., D.S.a., K.ST.J.

W4t 14 ituttuuut-~llutrUllr Lieutenant-General the Honorable SIR EDMUND FRANCIS HERRING, K.C.M.G.,

K.B.E., D.S.O., M.C., E.D.

W4t ~tutlitry Premier and Treasurer .. The Hon. Sir Henry Bolte, G.C.M.G.,

M.P.

Chief Secretary

Minister of Agriculture

Attorney-General

Minister of Education

Minister of Housing, Minister of Forests, and Minister for Aboriginal Affairs

Minister for Fuel and Power, and Minister of Mines

Minister of Health ..

Minister of Transport

Minister for State Development, Minister for Tourism, and Minister of Immi-gration ~

Minister of Lands, Minister of Soldier Settlement, and Minister for Conservation

Minister of Labour and Industry, and Assistant Minister of Education

Minister of Public Works

Minister for Social Welfare

Minister of Water Supply

Minister for Local Government

" "

" " "

"

" " "

"

"

"

" " "

R. J. Hamer, E.D., M.P.

G. L. Chandler, C.M.G., M.L.C.

G. O. Reid, Q.C., M.P.

L. H. S. Thompson, M.P.

E. R. Meagher, M.B.E., E.D., M.P.

J. C. M. Balfour, M.P.

J. F. Rossiter, M.P.

V. F. Wilcox, M.P.

V. O. Dickie, M.L.C.

W. A. Borthwick, M.P.

J. A. Rafferty, M.P.

Murray Byrne, M.L.C.

I. W. Smith, M.P.

R. C. Dunstan, D.S.O., M.P.

A. J. Hunt, M.L.C.

Parliamentary Secretary of the Cabinet : A. H. Scanlan, Esquire, M.P.

mist nf .tI~mb~rs nf 'arliam~ut FORTY-FIFTH PARLIAMENT-SECOND SESSION (1971-72)

MEMBER

Bradbury, A. K. Byrne, Murray Campbell, W. M. . . Chandler, G. L., CM.G. Clarke, M. A. Dickie, V. O. Dunn, B. P. Eddy, R.I. Elliot, D. G. Fry, W. G. Galbally, J. W., Q.C ... Garrett, R. W., A.F.C,

A.E.A. Gleeson, S. E. Granter, F. J. Grimwade, F. S. Gross, K. S. Hamilton, H. M., E.D. Hauser, V. T.

LEGISLATIVE COUNCIL

PROVINCE

North-Eastern Ballaarat East Yarra Boronia Northern Ballaarat North-Western Doutta Galla Melbourne Higinbotham Melbourne North Templestowe

South-Western Bendigo Bendigo Western Higinbotham Boronia

MEMBER

Hider, C A. M. Houghton, W. V. Hunt, A. J. Jenkins, O. G. Kent, D. E. Knight, A. W. McDonald, S. R. Mansell, A. R. May, R. W. Mitchell, C. A. Nicol, G. J.

* O'Connell , G. 1. Storey, Haddon, Q.C. Swinburne, I. A. Thomas, H. A. Tripovich, J. M. Walton, J. M. Ward, H. R.

• Died, April 20, 1972.

President: THE HON. R. W. GARRETI, A.F.C., A.E.A.

Chairman of Committees: THE HON. G. J. NICOL.

PROVINCE

Monash Templestowe South-Eastern South-Western Gippsland Melbourne West Northern North-Western Gippsland Western Monash Melbourne East Yarra North-Eastern Melbourne West Doutta Galla Melbourne North South-Eastern

Temporary Chairmen of Committees: THE HONORABLES A. K. BRADBURY, W. G. FRY, K. S. GROSS, AND A. W. KNIGHT.

MEMBER

Amos, D. G. I. Balfour, J. C. M. Billing, N. A. W., K.ST.J. Birrell, H. W. Bolte, Sir Henry,

G.C.M.G. Bornstein, D. L. F. Borthwick, W. A. Broad, H. G. Burgin, C. W. ·Christie, Sir Vernon tClarey, R. A. Crellin, M. L. Curnow, E. J. Dixon, B. J. Doube, V. J. tDoyle, J. J. Dunstan, R. c., D.S.O. Edmunds, C. T. Evans, A. T. Evans, B. J. Fell, R. W. Floyd, W. L. Fordham, R. c.' Ginifer, J. J. Goble, Mrs. D. A. §Guy, A. G. Hamer, R. J., E.D. Hayes, G. P. Holding, A. C. Jona, Walter Kirkwood, C. W. D. Lewis, E. W. Lewis, W. J. Lind, A. A. C. Lovegrove, Denis Loxton, S. J. E. McCabe, J. E. MacDonald, J. D.

LEGISLATIVE ASSEMBLY

DISTRICT

Morwell Narracan Heatherton Geelong Hampden

Brunswick East Monbulk Swan Hill Pol warth Ivanhoe Melbourne Sandringham Kara Kara St. Kilda Albert Park Gisbome Dromana Moonee Ponds Ballaarat North Gippsland East Greensborough Williamstown Footscray Deer Park Mitcham Gisborne Kew Scoresby Richmond Hawthorn Preston Dundas Portland Dandenong Sunshine Prahran Lowan Glen Iris

MEMBER

McDonald, R. S. L. McLaren, I. F., O.B.E. Maclellan, R. R. C. Manson, J. W. Meagher, E. R., M.B.E.,

E.D. Mitchell, T. W. Moss, G. C. Mutton, J. P. Rafferty, J. A. Reese, W. F. L. Reid, G. 0., Q. C. Ross-Edwards, Peter Rossiter, J. F. Scanlan, A. H. Shilton, L. V. Simmonds, J. L. Smith, Aurel Smith, I. W. Stephen, W. F. Stokes, R. N. Suggett, R. H. Tanner, Sir Edgar, C.B.E.,

E.D. Taylor, A. W., E.D. Taylor, J. A. Templeton, T. W. Thompson, L. H. S. Trethewey, R. H. Trewin, T. C. Trezise, N. B. Turnbull, Campbell Wheeler, K. H. Whiting, M. S. Wilcox, V. F. Wilkes, F. N. Wilton, J. T. Wiltshire, R. J.

t Died, May 9, 1972.

DISTRICT

Rodney Bennettswood Gippsland West Ringwood Frankston

Benambra Murray Valley Coburg Glenhuntly Moorabbin Box Hill Shepparton Brighton Oakleigh Midlands Reservoir Bellarine Warrnambool Ballaarat South Evelyn Bentleigh Caulfield

Balwyn Gippsland South Mentone Malvern Bendigo Benalla Geelong North Brunswick West Essendon Mildura Camberwell Northcote Broadmeadows Syndal

• Knighted, January 1. 1972. : Resigned, October 4, 1971. § Elected, December 11. 1971.

Speaker: SIR VERNON CHIuSTIE.

Chairman of Committees: SIR EDGAR TANNER, C.B.E., E.D.

Temporary Chairmen of Committees: MR. CLAREY, MR. A. T. EVANS, MR. GINIFER, MR. JONA, MR. LIND, MR. R. S. L. McDONALD, MR. MITCHELL, MR. STOKES, MR. SUGGETI, MR. A. W. TAYLOR, MR. TREWIN, MR. WHEELER, AND MR. WILTSHIRE.

Leader of the Liberal Party: THE HON. SIR HENRY BOLTE, G.C.M.G.

Deputy Leader of the Liberal Party: THE HON. R. J. HAMER, E.D.

Leader of the Parliamentary Labor Party and Leader of the Opposition : MR. A. C. HOLDING.

Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: MR. F. N. WILKES.

Leader of the Country Party: MR. PETER Ross-EDWARDS.

Deputy Leader of the Country Party: MR. M. S. WHITING.

HEADS OF PARLIAMENTARY DEPARTMENTS

Council-Clerk of the Parliaments and Clerk of the Legislative Council : Mr. A. R. B. McDonnell.

Assembly-Clerk of the Legislative Assembly: Mr: J. H. Campbell.

Hansard-Chief Reporter: Mr. R. G. Stuart, E.D.

Library-Librarian: Miss J. McGovern.

House-Secretary: Mr. R. M. Duguid.

VICTORIA

PARLIAMENTARY DEBATES.

(HANSARD)

~ttnnb ~tllllinn nf tijt 1Jinrty-fiftij Jarliamtnt.

iIltgililatinr (!tnnntil. Tuesday, August 31, 1971.

OPENING OF' THE SESSION. The Second Session of the Forty

fifth Parliament was opened this day.

ABSENCE OF THE CLERK. The PRESIDENT (the Hon. R. W.

Garrett).-I have to announce that I have granted leave of absence to the Clerk of the House to enable him to attend, as secretary to the Australian States delegates, the general meeting and seventeenth conference of the Commonwealth Parliamentary Association to be held at Kuala Lumpur, Malaysia, and to make official visits to certain overseas branches of the association.

Session 1971.-1

The Hon. G. L. CHANDLER (Mini'ster of Agriculture) .-1 move-

That the Clerk-Assistant do perform the duties of the Clerk of the Council during his absence, and do take his chair at the table.

The motion was agreed to.

At 2.32 p.m., the ACTING CLERK read the following:

PROCLAMATION. By His Excellency the -Governor of

the State of Victoria and its Dependencies in the Commonwealth of Australia, &c., &c., &c.

Whereas the Padiam-ent of Victoria stands adjourned until such day and hour as may be fixed by the President of the Legislative Counci'l and the Speaker of the Legislative Assembly respectively: Now I, the Governor of the State of Victoria, in the Commonwealth of Australia, do by this my Proclamation prorogue the said Parliam-ent of Victoria until Tuesday, the thirty-first day of August, 1971, and

2 Governor's [COUNCIL.] Speech.

I dO' hereby fix Tuesday, the thirtyfirst day af August, 1971, aforesaid, at the haur af half-past Twa a'clock in the afternoon, as the time for the cammencement and hal ding of the neyt sessian af the said Parliament af Victaria, far the despatch af business in the Parliament Hauses, situate in Spring Street, in the City af Melbaurne: And the Hanarable the Members af the Legislative Cauncil and the Mrembers af the Legislative Assembly are hereby required to' give their attendance at the said time and place accardingly.

Given under my hand and the Seal af the State af Victaria afaresaid. at Melbaurne, the seventeenth day af August, in the year of our Lord One thaus'and nine hundred and seventy-one, and in the twentieth year af the reign of Her Majesty Queen Elizabeth II.

(L.s.) ROHAN DELACOMBE. By His Excellency's Command,

R. J. HAMER,

Acting Premier. GOD SAVE THE QUEEN!

GOVERNOR'S SPEECH. The Usher of the Black Rod an

nounced the approach af His Excellency the Governar.

His Excellency entered the Chamber attended by his suite.

The Legislative Assembly, with the'i1r Speaker, attended in response to His Excellency's summans.

His Excellency addressed the fa'llawing Speech to' ba1th Hauses of Parliament: -

MR. PRESIDENT AND HONORABLE MEMBERS OF THE LEGISLATIVE COUNCIL:

MR. SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY:

You have been called together today for the Second Sessian of the Forty-fifth Parliament af the State of

Victoria. During the course of this sessian measures af impartance to' the State and far the well-being af its people will be submitted to you.

While Parliament has been in recess much has been dane by the Gavernment to' implement measures enacted within this context by the previous sessian of the Parliament, and I shall briefly review aspects of this wark.

Possibly the most significant is that aimed at the preservation of aur enviranment and natural resources. The Environment Protectian Authority and the Enviranment Pratectian Council have been appainted and have commenced the initial tasks relating to the regulation of the discharge of wastes intO' the enviranment and the prevention and cantral of pollution. Greater public appreciatian and understanding in recent times of the vital impartance of this work af pratecting and impraving the quality of the environment will, it is hoped, ensure acceptance af the high standards and strict controls which must necessarily flaw from the deliberatians of these new authorities.

A positive and active campaign has been waged by the Ports and Harbors Division of the respective harbor trusts to combat oil pollution in Victorian ports and coastal waters. This will be reinforced by new legislation in the coming year.

The Land Conservation Council has begun its task af studying the use of all public lands with a view to making recommendatians as to' the balanced future use of these resources. This is in accordance with the stated intention af the Government to set aside and permanently reserve at least 5 per cent af the area of the State for national parks, wildlife reserves and forest parks.

Following the amendment of the Town and Country Planning Act, statements of planning policy have been approved in respect of the conservation of the Momingtan Peninsula, the protectian of the Dandenong Ranges and the pratection of

Governor's [31 AUGUST, 1971.] Speech. 3

the beautiful Yarra Valley. These statements of policy provide a broad basis for overall resources and developmental planning by all public and private interests.

Any discussion of resources must have regard to the human element.

The new Ministry of Social Welfare, which became operative in January, is preparing a programme of future development in its various fields of activity. Regionalization of the full range of its services and the co-ordination of these with other departmental, municipal and voluntary services are prominent features in the planning. Geelong and Preston have been selected as the first areas to be developed as regional centres.

The Ministry will in future administer the school attendance provisions of the Education Act, certain parts of the Adoption of Children Act, and that section of the Mental Health Act relating to security prisoners.

The provision of housing for those in the lower income groups, for pensioners and elderly people, as well as the redevelopment of slum areas is still a major activity. By the end of June last the Housing Commission had completed nearly 70,000 dwellings, of which 31,707 had been soIa.

Following the gazettal of the urban renewal legislation, preparation of urban renewal proposals will be undertaken during the coming year.

General hospital facilities are being steadily developed to match the needs of a growing population and special attention is being given to the provision of facilities for the care of old people, particularly the frail and infirm.

The general programme to rebuild the Alfred Hospital, a major medical teaching institution, is continuing, with the main ward block now under construction. When completed, the hospital will provide some 800 beds in all.

A most interesting and important new project is the community health centre being developed at Queenscliff. This will provide day-care treatment for geriatric cases and also facilities for doctors. It will have a close link with the Geelong hospital and will be the first of its type to be established in Australia.

Demands on the State education system have risen again this year. There are 12,000 more pupils in the schools than there were in 1970. This in turn creates a need for more teachers and more class-rooms.

Additional accommodation is being provided at several teachers' colleges so that more young people can be trained as teachers. Secondary teachers qualified in particular subjects are being recruited in the United Kingdom and North America.

Growing demand for tertiary education has made it necessary to provide for the expansion of the universities and the colleges of advanced education.

The state of the rural economy poses major challenges. Not only are members of the farming community experiencing difficulties with low prices for their produce but reduced farm incomes are also making a sharp impact on trade and commerce in country centres. A rural reconstruction scheme and a marginal dairy farms reconstruction scheme have been embarked upon, but these measures alleviate rather than overcome what are very major problems. It is therefore essential that effort be made at all levels to see that primary industry once again prospers, not only for the individual but also for the nation.

My advisers have informed me that forestry activities are making a significant contribution to the economy of rural communities. Following the successful establishment at Ballarat last year of a new industry which is a major user of pulp-wood, the Government will make available from


State plantations sufficient volumes of timber produce for processing at a large pulp mill being established in the Ovens Valley.

The Government's farm forestry loan scheme in respect of softwood plantations is attracting increasing attention from landholders and funds will be provided for its expansion.

The past year was a most satisfactory one for rural water supplies. Not only were irrigation deliveries an all-time record but the irrigation storages finished the year in a sound position and supplies of water for the coming season are assured.

The King River dam was advanced to the stage where storage of water was possible. A record was achieved when the reservoir filled and overflowed in less than three weeks.

The Lake Mokoan project near Benalla is virtually complete and a considerable volume of water is already in storage.

In the urban field, a start has been made on the Rosslynne reservoir near Sunbury. Duplication of the important Otway pipeline is in progress. Both construction and forward planning for the water supply to the important Westernport industrial complex are well advanced.

Under the comprehensive legislative scheme established by the Groundwater Act of 1969, the Mines Department's programme of investigation, evaluation and measurement of the groundwater resources of the State has been expanded and given new impetus. The department is continuing to test and monitor observation bores in the Koo-Wee-Rup area so that it can identify where problems of over-development and sea water intrusion occur. This was the first area to be declared a groundwater conservation area under the Act.

Industry and State instrumentalities are increasingly seeking Mines Department geologists to help with engineering geological investigations. Geologists are also intensifying their

search for new reserves of sand, gravel, stone and clay. The annual Victorian production of these materials is currently valued at $40 million.

The Melbourne and Metropolitan Board of Works is engaged on works of major expansion both to its water supply and sewerage systems in order to cater adequately for the needs of the rapidly growing population of the metropolis.

Notable examples of this expansion are the Greenvale reservoir which commenced filling last month, and the Cardinia reservoir in the southern foothills of the Dandenong Ranges. This reservoir will have a capacity of 60,000 million gallons, making it the biggest storage in the board's system.

Work is proceeding on all components of the south-eastern sewerage system with a view to bringing it into operation in 1973 as programmed.

Both the Board of Works and the Country Roads Board are actively pursuing the Government's policy of providing freeways to serve the needs of motor transport.

The Country Roads Board has arranged for works to be carried out during the coming year on the Western, Calder, Frankston, Mulgrave and Eumemmerring, Mornington Peninsula and Hume freeways, in addition to the extension of dual carriageways on State highways radiating from Melbourne.

The development of public transport is receiving high priority in the over-all transportation plan. Work on the underground rail loop has begun. This loop is a key project in improving Melbourne's public transport system. Other improvements in the rail network will include the construction of the new line to Doncaster along the median of the eastern freeway. New express tracks and new suburban trains will substantially add to the quality and the capacity of the public transport network.

Governor's [31 AUGUST, 1971.] Speech. 5

Negotiations have taken place for the redevelopment of the Flmders Street station area. Agreement has now been reached and legislation seeking to ratify this agreement will be brought before the Parliament this session.

The board charged with the task of inquiring into and making recommendations concerning existing land transport in Victoria is expected to report later this year.

The two gas fields developed in Bass Strait are now in full production and over 90 per cent of the appliances of all consumers in Victoria using gas have been converted to natural gas. Stabilized crude oil is being transported to refineries from Long Island Point at an average rate of about 280,000 barrels a day and provides nearly 60 per cent of Australia's present total refinery requirements.

In pursuance of one of the most important objectives of the Gas and Fuel Corporation Act of 1958-to unify the gas industry-the corporation late last year purchased the remaining assets of the Gas Supply Company Ltd. in Victoria. These included the gas undertakings at Ballarat, Ararat, Stawell, Warracknabeal, Hamilton, Portland, Warrnambool, Colac, Bacchus Marsh and Wodonga.

As a further step in this programme, the corporation recently purchased the Geelong Gas Company. Conversion of consumers' appliances at Geelong to use natural gas was completed this month.

The corporation will lay a system of pipelines to supply natural gas to Ballarat and Bendigo by the winter of 1973 at a cost of approximately $6.5 million. As tariffs for the gas will be comparable with those in Melbourne this will give aid to local industry and provide a strong inducement for the develop,ment of new industry in these country areas.

Hazelwood power station is now virtually completed to its design capacity. In the past financial year

it generated more than half of the electricity requirements of the State system. The first generating unit of Yallourn West power station is expected to come into operation to meet the winter load of 1972.

As honorable members are aware, a most comprehensive and detailed report on the Victoria Police Force by Colonel Sir Eric St. Johnston was tabled during the last session. The Government has already indicated that it has accepted the recommendations in principle and many have already been implemented or are in the course of being implemented.

Action has already been taken to 'appoint two assistant commissioners and the Police Regulation Act was amended during the last session. This will be further amended to provide for a new rank structure for the force. MR. SPEAKER AND MEMBERS OF THE

LEGISLATIVE ASSEMBLY: The Estimates of Revenue and Ex

penditure for the current financial year will be laid before you, as also will a Supply Bill to make further provision for the services of the year 1971-72.

Final Supplementary Estimates of Expenditure for the year 1970-71 will also be submitted to you. MR. PRESIDENT AND HONORABLE

MEMBERS OF THE LEGISLATIVE COUNCIL:

MR. SPEAKER AND MEMBERS OF THE LEGISLATIVE ASSEMBLY:

During the session of Parliament legislation will be introduced to provide for daylight saving in this State on an experimental basis as from the end of October.

It is also proposed to introduce legislation to establish a lands tribunal, similar to the Lands Tribunal of the United Kingdom. The legislation will confer upon the tribunal jurisdiction in a variety of matters affecting land.

Legislation to give effect to a recommendation by the Chief. Justice's Law Reform Committee will


be introduced to provide for the admissibility of statements produced by computers, and to extend the admissibility of documentary evidence.

The Health Act will be amended to provide increased penalties for breaches of the Act and regulations. Separate legislation will be introduced for the regulation of the practices of pharmacy and dentistry. It is intended that each profession be regulated by its own separate Act instead of being part of the Medical Act.

Other health measures will include changes to the Mental Health Act, . the Chiropodists Act and the Poisons Act.

Legislation will be introduced to authorize a new power station project at Newport. The boilers of this station will burn natural gas from Victoria's off-shore gas fields. Construction is expected to start next year and the first generating set to be in service in 1976.

Quite a comprehensive programme of other legislation is being planned, and subjects under consideration include-

the protection of Aboriginal sites and relics;

the conduct of private hospitals and nursing homes;

the constitution of Magistrates Courts and the appointment and registration of justices of the peace;

the better control of firearms;

the protection of the public against unethical motor traders; and

necessary Budget Bills.

It is with regret that I refer to the death of a former Premier of Victoria, ·the Honorable T. T. Hollway, and of two former Ministers of the Crown in the Honorable Sir Wilfrid Kent Hughes and the Honorable Keith Dodgshun. Each of these gentlemen rendered distinguished service in the Barliament of this State.

In addressing you today I have reviewed some of the important activities of the Government in promoting the economic and social welfare of the people of the State. This I believe has shown the concern of my Ministers, and those in authority under them in improving the quality of life enjoyed by all our citizens. Their task and that of the Parliament is a complex and demanding one, and it is well that we should, in commencing this new session of Parliament, ponder upon the responsibilities of the Parliament, of the Government, and indeed of our people, in maintaining our democratic system .

Although the right to express opinions and to protest is one which is inherent in any democratic society, it must be reconciled with the right of other citizens to freedom of movement and to protection from obstruction and violence in the pursuit of their activities at such times. The role of the Victoria Police is to maintain order and prevent violence, and in this difficult task they need and deserve the support and understanding of the whole community.

All the efforts of the Government and people to improve conditions in this State will be of no avail if the people cannot be secure in their life and property.

I now leave you to the discharge of your important duties and pray that your labours may contribute to the welfare and happiness of all sections of the community.

Copies of the Speech were handed by the Governor's Private Secretary to the President and the Speaker.

His Excellency and suite withdrew.

The Speaker and members of the Legislative Assembly retired from the Chamber.

The sitting was suspended at 2.58 p.m. until 4.53 p.m.

THE PRESIDENT (the Hon. R. W. Garrett) took the chair, and read the prayer.

House Committee. [31 AUGUST, 1971.] Notice of Questions. 7

STATUTE LAW REVISION BILL. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-In order to preserve the privileges of this House, I move for leave to bring in a Bill to revise the statute law.

The motion was agreed to. The Bill was brought in and read

a first time.

HOUSE COMMITTEE. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-By leave, I move-

That the H'On'Orables the President (ex 'Offici'O), A. K. Bradbury, D. G. Elli'Ot, H. M. Hamilt'On, D. E. Kent, and S. R. McD'Onald be members 'Of the H'Ouse C'Ommittee.


LIBRARY COMMITTEE. The Hon. G. L. CHANDLER


That the H'On'Orables the President, M. A. Clarke, R. J. Eddy, F. S. Grimwade, and J. M. Walt'On be members 'Of the J'Oint C'Ommittee t'O manage the Library.


PRINTING COMMITTEE. The Hon. G. L. CHANDLER


That the H'On'Orables the President, B. P. Dunn, S. E. Glees'On, O. G. Jenkins, A. W. Knight, A. R. Mansell, and I. A. Swinburne be members 'Of the Printing C'Ommittee; three t'O be the qu'Orum.


STANDING ORDERS COMMITTEE. The Hon. G. L. CHANDLER


That the Hcncrables the President, J. W. Galbally, V. T. Hauser, A. J. Hunt, A. R. Mansell, G. J. Nic'OI, I. A. Swinburne, J. M. Tripcvich, and H. R. Ward be members 'Of the Select C'Ommittee 'On the Standing Orders 'Of the H'Ouse; three t'O be the qu'Orum.


STATUTE LAW REVISION COMMITTE-E.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-By leave, I move-

That the H'Oncrables W. M. Campbell, M. A. Clarke, D. G. Elli'Ot, F. S. Grimwade, R. W. May, and J. M. Tripcvich be members 'Of the Statute Law Revisi'On C'Ommittee, and that the said c'Ommittee have pcwer tc send fcr pers'Ons, papers, and rec'Ords.


SUBORDINATE LEGISLATION COMMITTE-E.

The Hon. G. L. CHANDLER (Minister of Agriculture) ~-By leave, I move-

That the Hcncrables K. S. Gr'Oss, C. A~ Mitchell, and G. J. O'C'Onnell be members 'Of the Sub'Ordinate Legislati'On Ccmmittee, and that the said ccmmittee have pcwer tc send f'Or perscns, papers, and rec'Ords.


NOTICE OF QUESTIONS. SUSPENSION OF STANDING ORDER

No. 77. The Hon. G. L. CHANDLER


That S'O much 'Of Standing Order N'O. 77 as requires a member giving n'Otice 'Of a questi'On t'O read it al'Oud t'O the House be suspended for the remainder 'Of this sessi'On.

The effect of the motion will be as it was last session, that the questions do not have to be indicated to the House before they are answered. '


BUSINESS OF THE HOUSE. DAYS AND HOURS OF MEETING.


That Tuesday, W'ednesday and Thursday, in each week be the days 'On which the Ceuncil shall meet fer the despatch 'Of business during ,the present sessien, and that the hour of meeting on Tuesdays be" half-past Fcur 'O'cl'Ock, 'On Wednesdays F'Our' 'O'cleck, and 'On Thursdays Eleven 'O'cleck; that 'On Tuesday and Thursday in each week the transaction 'Of Gevernment business shall 'take precedence 'Of all ether;

8 Sewerage Districts (Amendment) Bill. [COUNcn..] Scaffolding (Amendment) Bill.

business; that on Wednesday in each week private members' business shall take precedence of Government business; and that no new business be taken 'after halfpast Ten o'clock.


CRIMES (SENTENCES) BILL. The Hon. J. W. GALBALLY (Mel

bourne North Province), by leave, moved for leave to bring in a Bill to amend the Crimes Act 1958, the Justices Act 1958, and the Social Welfare Act 1970 with respect to sentences of imprisonment.


The Bill was brought in and read a first time.

RIGHT OF PRIVACY BILL. The Hon. J. W. GALBALL Y (Mel

bourne North Province), by leave, moved for leave to bring in a Bill to establish the right of privacy, to make consequential amendments to the law of evidence, and for other purposes.



SEWERAGE DISTRICTS (AMENDMENT) BILL.

The Hon. V. O. DICKIE (Minister for State Development), by leave, moved for leave to bring in a Bill to amend the Sewerage Districts Act 1958.


a first time.

CLOSER SETTLEMENT BILL. The Hon. G. L. CHANDLER

(Minister of Agriculture), by leave, moved for leave to bring in a Bill to make provision with respect to conditions in certain Crown grants and to amend the Closer Settlement Act 1938 and for other purposes.


a first time.

EVIDENCE (DOCUMENTS) BILL. The Hon. A. J. HUNT (Minister

for Local Government), by leave, moved for leave to bring in a Bill to amend the Evidence Act 1958 with respect to the use of documents as evidence in legal proceedings, and for other purposes.

The motion was agreed to. The Bill was brought in and read a

first time.

SCAF'FOLDING (AMENDMENT) BILL.

The Hon. V. O. DICKIE (Minister for State Development), by leave, moved for leave to bring in a Bill to. amend the Scaffolding Act 1971.


a first time.

WRONGS (INDUSTRIAL ACCIDENTS) BILL.

The Hon. J. W. GAL BALLY (Melbourne North Province), by leave, moved for leave to bring in a Bill to amend the Wrongs Act 1958 with respect to industrial accidents and for purposes connected therewith.


first time.

MILDURA IRRIGATION AND WATER TRUSTS (AMENDMENT)

BILL. The Hon. V. O. DICKIE (Minister

for State Development), by leave, moved for leave to bring in a Bill to amend the Mildura Irrigation and Water Trusts Act 1958.


first time.

ABOLITION OF CAPITAL PUNISHMENT BILL.

The Hon. J. W. GALBALL Y (Melbourne North Province), by leave, moved for leave to bring in a Bill to abolish capital punishment.


first time.

Latrobe Valley (Amendment) Bill. [31 AUGUST, 1971.] West Gate Bridge. 9

LATROBE VALLEY (AMENDMENT) BILL.

The Hon. V. O. DICKIE (Minister for State Development), by leave, moved for leave to bring in a Bill to amend the Latrobe Valley Act 1958.


first time.

LABOUR AND INDUSTRY (EQUAL PAY) BILL.

The Hon. J. W. GALBALLY (Melbourne North Province), by leave, moved for leave to bring in a Bill to amend the Labour and Industry Act 1958.


first time.

CHIROPODISTS (REGISTRATION) BILL.

The Hon. V. O. DICKIE (Minister for State Development), by leave, moved for leave to bring in a Bill to amend section 10 of the Chiropodists Act 1968.


first time.

CRIMES (INHUMANE PUNISHMENTS ABOLITION) BILL.

The Hon. J. W. GALBALLY (Melbourne North Province), by leave, moved for leave to bring in a Bill to abolish certain inhumane punishments and for other purposes.


first time.

VAGRANCY (AMENDMENT) BILL. The Hon. J. W. GALBALLY (Mel

bourne North Province), by leave, moved for leave to bring in a Bill to repeal section 5 of the Vagrancy Act 1966.


first time.

TEMPORARY CHAIRMEN OF COMMITTEES.

The PRESIDENT (the Hon. R. W. Garrett) laid on the table his warrant nominating the Honorables A. K. Bradbury, W. G. Fry, K. S. Gross, and A. W. Knight to act as Temporary Chairmen of Committees whenever requested to do so by the Chairman of Committees or whenever the Chairman of Committees is absent.

WEST GATE BRIDGE. REPORT OF ROYAL COMMISSION.

The Acting Clerk announced that pursuant to the directions of an Act of Parliament he had laid upon the table of the House the report of the Royal Commission appointed to inquire into the failure of the West Gate Bridge.

The Hon. J. W. GALBALLY (Melbourne North Province) .-1 move-

That the report of the Royal Commission into the failure of the West Gate Bridge be taken into consideration on the next day of meeting.


GOVERNOR'S SPEECH. ADDRESS-IN-REPLY.

The PRESIDENT (the Hon. R. W. Garrett).-I have to report that His Excellency the Governor attended the House this day and was pleased to make a Speech of which for greater accuracy I have obtained a copy. As the Speech is printed, 1 take it that honorable members do not desire that 1 should read it to them.

The Hon. HADDON STOREY (East Yarra Province) .-1 move-

That the Council agree to the following Address to His Excellency the Governor in reply to His Excellency's opening Speech:-

MAY IT PLEASE YOUR EXCELLENCY:

We, the Legislative Council of Victoria, in Parliament assembled, beg to express our loyalty to our Most Gracious Sovereign, and to thank Your Excellency for the gracious Speech which you have been pleased to address to Parliament.

It is a great honour to me personally and to the electors of East Yarra Province whom 1 represent to be

10 Governor's Speech: [COUNCIL.] Address-in-Reply.

asked to move the motion for the adoption of an Address-in-Reply to the Speech of His Excellency the Governor.

Today, one tends to think that the bonds between Australia and Great Britain are lessening. With Great Britain about to move into the Common Market, there could be a trend away from the close relationship which formerly existed between our countries. It might also be thought that, with people coming here from all parts of the world and bringing an enrichment and diversity of culture which we have not experienced previously, there might be some weakening of the bonds between our two countries. But in fact the heritage which we obtained from 'Great Britain is fundamental to our society and is something which we cherish and retain. It has given to us our language, our conception of the rule of law which governs us and the democratic processes which we particularly in this House, support: For these reasons, it is appropriate that in discussing this motion for the adoption of an Address-in-Reply, we take the opportunity of reaffirming our loyalty to Her Majesty the Queen.

It is also most appropriate that we should express our gratitude to the Governor and-although she is not mentioned in the motion-to Lady Delacombe for the great service which they have rendered to this State. Since they have been here, through their activities in moving around and meeting so many members of the community in various fields of endeavour, they have endeared themselves to the people. They have shown how representatives of Her Majesty can play a tremendously significant part in the life of the community.

It is also appropriate that in this motion we should express our gratitude to His Excellency for his Speech to this Parliament.

At the commencement of his Speech, the Governor referred to measures of importance to the

The Hon. Haddon Storey.

State and to the well·being of its people which will be submitted to this Parliament. It is most significant that he should refer t6 this rO'le of Parliament that is, to deal with measures for the' weUbeing C?f the people. The greatest protection for the we'll-being of the people is the existence of Parliament itself. Only through the democratic sy.stem of rule by elected representatIves can the well-being of the people be preserved and maintained. This principle also supports the existence of this Chamber in which the Governor delivered his Speech this afternoon, because the essence of the preservation of liberty is the democratic process, which means the diffusion of power amongst many rather than its concentration in a single hand. It is the diffusion of power which supports the existence of the bicameral system; because the more power is diffused the more the individual's Hberty is maintained. Although it may not be the most efficient form O'f government -in the sense that it may take longer to get something done than if there were in charge an autocrat who simply said, "Do that" and it was done whether it was good or badit is ~u~h .mO're ef?cient at protecting the IndIVIduals In the community which, after all, is what the process of government ought to be. So it was most fitJting that, at the commencement of this Speech, the Governor should refer to' the well-being of the people of this State.

One might say that the theme of His Excellency's Speech was the preservation and improvement of the quality of life of the people of Victoria. He emphasized the necessity to preserve our environment and its natural resources. In doing so he referred to a number of activities which are being adopted by the Government. He referred to environment protection, land conservation, urban renewal, freeways, transport and to a variety of things each of which can be regarded in a separate compartment in a particular fi·eld of Government activity, but all of which

Governor's Speech: [31 AUGUST, 1971.] Address-in-Reply. 11

together are essential for the preservation and the proper functioning of the environment in which we exist. They should be looked at as a whole in the way that this Government, as evidenced throughout the Governor's Speech, has done.

The object of the preservation of the environment must be to ensure the maximum utilization of material and cultural resources with the minimum of interference with natural resources, so that members of the community may develop to the best of their abilities their own particular talents and capabilities and preserve this environment for future generations.

When one talks of environment and what needs to be done, it is necessary to state the context. The context is one of growth in population at an exponential rate, and the concentration of population more and more within urban centres. At the time of Christ, there were approximately 113 million people in the world. One thousand years later, there were 275 million. By 1650 A.D. the population had grown to 500 million. Then the explosion commenced! Within the next 200 years the number of people in the world had risen to 1,000 million. Now it is estimated to be 3,000 million, and it is expected that by the end of this century it wiH be 6,000 million-a doubling within a period of no more than 30 years.

Exactly the same pattern is evident in Australia. At the time of Federation there were about 3.5 million people in this country. Fifty years later the population had grown to 8.3 million people. In 1969, it was 12.5 million, and it is expected that within another 30 years the population will be 25 million persons-again, a doubling within a period of no more than 30 years.

Somebody comm'ented that, if such an increase in population were observed in any species in the animal kingdom, man would regard it as a

plague. We do not regard it as a plague, but we recognize that we have to cope wi1th and understand the problems involved in this t1remendous growth in population, which is becoming more and more an urban population. In 1900, 25 per cent of the people of the world lived in urban communities. It is estimated that by the end of this century the proportion will be 60 per cent. In Australia the percentage is higher. The 1961 census revealed that 80.9 per cent of the Australian population resided in urban centres and in the 1966 census the corresp'onding figure was 83.2 per cent. Doubtless the latest census will show that the percentage has again increased.

Although I do not want to ignore the problems of the rural areas, it is clear that in Australia the greatest environmental problems occur in the growing urban areas, and in Victoria this occurs in Melbourne in particular. One must therefore turn to look at what happens in a city. F. A. Hayek, the American political scientist, in his book, The Constitution of Liberty, said-

Thus the city, which is the source of nearly all that gives civilization its value and which has provided the means for the pursuit of art as well as of material comfort, is at the same time responsible for the darkest blotches in this civilization.

What was he referring to? Lewis Mumford is the author of many books on the city and in his monumental work The City in History he has traced the development of the city from the primitive community to what he refers to as the megalopolis, the type of city 'one finds in New York or in Tokyo. He traced the disorders to people which emanate from such a city and which lead to the development of what is known as giantism. He speaks of citizens being flooded by a ravage of paper from all sorts of administrative agencies, which are trying to keep the cities working, and he speaks of the problems of traffic. In this context he refers in particular to New York where


in 1907 a horse-drawn vehicle travelled at approximately 11.5 miles an hour, and by 1965 with the advent of mechanical means of travel a car was able to travel at approximately 6 miles an hour. So once again progress has succeeded!

This problem of transport brings with it frustrations and disorders caused by people being crammed together on public transport. There are also the wastes and discharges from homes and factories which lead to pollution in the community. In such a city there is also a rise in the crime rate and the eventual result is tha t man tends to find himself isolated and not able to have that contact with the rest of his fellow beings that he has in a small city or community. This leads to the demoralization of mankind and is the most tragic and most worrying concept which can occur from the uncontrolled growth of such a city.

These disorders are not evident in Melbourne because we have, as the Governor has told us, through the process of town planning and pollution control, taken steps which will prevent Melbourne from ever reaching the stage of disorder described by Mumford.

I mention this, however, to point out what have been recognized as the problems which could arise in a city where no attention is paid to the environment, and to stress the importance of keeping this example in mind in contemplating whether in any city or State the environment, should be controlled. I was most gratified to know that this was one of the first aspects of the Government's activity mentioned by His Excellency in his Speech.

I should like to mention four aspects of the control of the environment, particularly in relation to the city. The first is to determine what type of city one should strive for. Probably one cannot strive for it, but one can have a concept towards which planning is direGted. It must evolve as the exigencies of the occa-

The Hon. Haddon Storey.

sion arise. In his book The City in History Mumford refers to the ideal concept as-

The etheri·alised city of the fnture, which would unite the urban and rural components into a porous regional complex, multi-centred, but capable of functioning as a whole.

In other words, the logical way in which to develop a city is into centres within a city where people congregate and carryon their lives, but are able to use the facilities of the greater city when those facilities are needed.

When one looks at Melbourne one finds that this is the trend of development under Melbourne's town planning scheme. There is a growth of centres within the citv but outside the central city. In this way people can perhaps return not entirely but further towards the type of community where one can know one's fellow beings, and where one can associate with them and derive the advantages of being not just a cog in a machine but a living individual in a thriving community.

The second aspect to which I refer briefly is the inter-relationship between all these aspects of control of the environment. These include the inter-relationships of urban development, the control of traffic, the control of pollution and the control of the environment generally. I shall illustrate this by referring to the motor car which, whilst a boon to mankind, also brings with it problems to mankind. It brings problems in two aspects, namely, the traffic problems which occur in a large city and also the emission of noxious discharges which cause pollution. In the past the Government has indicated the need to strive towards a concept of public transport and private transport working together to provide a means of conveyance through the city. That, together with the development of centres within the city but outside the central city, could overcome the problems of traffic to some extent, but would not overcome the problems of pollution.


What might appear to be an answer to the pollution problems caused by motor cars is to require that every car be fitted with a device to preven t the emission of these noxious wastes. This has happened with the emissions of crankcase gases from motor cars, but as yet no reasonable device has been found for controlling the emission through the exhaust pipe of a motor car.

In a paper delivered to the Economic Society of Australia and New Zealand, Mr. N. Fisher, of Melbourne, showed what it would cost to equip all cars with an anti-pollution device which would prevent discharges from exhaust pipes. He took 2.8 million cars as the number of cars in the urban areas of Australia and he estimated a cost of $70 a car to fit such a device. Then he made allowances for increased running costs and so on, and came up with the figure of $1,772 million which would be required to fit all cars with the device. That is an enormous amount of money and makes one wonder whether this is the answer to the problems caused by pollution from motor cars.

There are other answers but I am giving this as an illustration of the need to consider the inter-relationship of all factors. The real problem with pollution from motor cars occurs where motor cars are gathered in one area. Under these same circumstances the problems associated with traffic congestion also occur. So the solution of traffic congestion would also go a considerable way towards solving the problems of pollution caused by motor cars. One can consider all sorts of alternative answers to these problems.

One answer may be to ban all motor cars from freeways and the city. This would solve the problem, but would create many others and would be out of the question as an answer. Indeed, it would be an illiberal approach. ~other approach might be to provide that only people who really need to go to the city

should go there, and that could be introduced either by i.mposing special charges on cars that enter the city or by applying special registration fees for these cars. Perhaps another solution could be some sort of tax relief for cars fitted with an anti-pollution device. In this way, economics could be used to lessen pollution arising from motor cars and at the same time could lead to an easing of the traffic congestion caused by the presence of too many motor vehicles on the roads. I am not advocating any of these measures as essential because they all need inquiry and research. However, they illustrate the inter-relationship of the different aspects of control of the environment.

My third point is that control of the environment is for the benefit of the individual. One must examine the wishes and the needs of all the individuals in the community to know what should be done to control the environment. In this respect, education is essential. In recent years the community has become much more aware of the pollution of the environment than was the case in the past. The steps now being taken to control pollution can be advanced further by greater education in schools on the subject of environment. In America where the problems of pollution and the environment are much more acute than in Australia, educational courses in schools and text-books deal with such aspects as motor-car pollution, urban development, and so on. These matters should be considered here.

Fourthly, environmental control is necessarily administered by various public agencies. How this is done should always be open to scrutiny and review. At present the environment is controlled by town planning legislation, under the provisions of which the Town Planning Appeals Tribunal has been established. The Environment Protection Act provides for an Appeals Tribunal in relation to licences, and the Urban Renewal Act provides for consultation with the various interested


parties in the community, and for a right of appeal to the Minister against any decisions that have been made. These safeguards are necessary in any legislation relating to the control of the environment and it is pleasing to know that they exist. I t is hoped that similar provisions will be made in any further legislation which may be enacted in this field.

Considera tion of all of these aspects leads to the view that today, as His Excellency has said, the community is paying a great deal more attention to the control of the environment. This stems from a desire that the quality of life for the individuals in the community may be preserved and also improved for the benefit of the coming generations.

I shall now refer to a different type of environment, namely, commercial environment which embraces many of the activities in which people engage. Over the years, the community has deemed it necessary to control commercial activities. In the days of small communities in which every member knew every other member, common law took the view that, when a person made a bargain, he should be bound by it for good or bad because he knew what he was doing, and probably everyone else also knew what he was doing. As the community grew more complex and sophisticated, it became necessary to protect persons who might not be abreast of current conditions. This brought about the enactment of legislation relating to money lenders, and, in more recent times, the Doorto-Door Sales Act and the various Acts relating to hire purchase.

Today His Excellency said that the Government was considering the introduction of measures to protect the public interest against unethical motor vehicle traders. This could be considered to be an extension of control of the commercial environment. As the community becomes more and more complex, new and different types of

commercial activities emerge and it becomes necessary to consider whethr further legislation is necessary.

In substance, hire purchase is a means of acquiring goods on credit, although the technical legal aspects are somewhat different. In recent years, new methods of acquiring goods on credit such as chattel mortgages, revolving credit accounts, and so on, have been developed and used in the community. These are designed essentially to produce the end result of a hire-purchase agreement, namely, the acquisition of goods on credit. In other words, the consumer is provided with credit by not having to pay cash when he obtains the goods.

The Hire Purchase Act provides a desirable protection in various ways for hirers and persons who provide finance. However, there is no legislation relating to the new forms of consumer credit to which I have referred. This has been recognized by the Standing Committee of AttorneysGeneral, which commissioned a report from a committee at the Adelaide law school. The committee made a report in which changes in the law were recommended. A committee of the Law Council of Australia is now considering how the recommendations may be implemented, but it has not yet made a report. When the committee makes its report it would be appropriate for the Government to consider the recommendations to determine whether certain provisions, such as those at present embodied in the Hire Purchase Act, could be extended to cover other commercial activities to achieve the same result. These matters are all related to the protection of the individual.

I am privileged to be a member of this Parliament where questions relating to the protection of the individual can be and are dealt with through Parliamentary processes. I am conscious of the fine example set in this Chamber by my predecessor, who made excellent contributions to its


debates. 1 can but hope to emulate the standard which he set. Therefore, it is all the more pleasing to me to have the honour of moving the adoption of an Address-in-Reply to the Speech of His Excellency the Governor in order that 1 may express our loyalty to Her Majesty the Queen and our gratitude to His Excellency for the Speech he made today.

The Hon. C. A. M. HIDER (Monash Province) .-1 deem it an honour to second the motion for the adoption of an Address-in-Reply to the Speech of His Excellency the Governor so ably moved by Mr. Storey. I also deem it an honour, so early in the sessional period, on my own behalf and that of my constituents, to have the opportunity to reaffirm our loyalty to Her Majesty the Queen. Mr. Storey has ably expressed the bonds which link Australia and Great Britain.

I wish to refer to the Ministry of Social Welfare. The appointment of this Ministry was most significant and in my view particularly important. Social welfare is an area of concern not only to the Government but more importantly to every citizen in the community. The issues of quality of life have risen and become dominant in politics, and I believe the issues of social welfare will similarly rise and become of importance to the community. Understandably, the community perhaps has been more concerned with its own material prosperity and success and has not thought so deeply about the problems of the depressed minorities. Fortunately this tendency is changing and the Government will find support from the community in enacting legislation to improve the position of minorities. Surely the affluent society cannot allow any areas of depression, poverty, misery and hardship to exist within its borders.

The minorities I refer to, which should be the concern of the community and this Government, are the aged, the handicapped, the young, the criminals, and the Aborigines. These

can be broken up into various subgroups such as the deserted wife, the single mother, the working mother, the unemployed apd the unemployable, and the hardships and problems that arise with the large family, and from the alcoholic and other addicts. Individually each of these groups does not form a large part of the community, but collectively they comprise a significant percentage. They can perhaps be put under a general heading of "the poor ".

The various studies that have been carried out on poverty indicate that in Australia there are probably up to a million people living near the subsistence level. Certainly in this country in excess of 500,000 people can be described as living in conditions of poverty. An affluent society should not tolerate this situation and we have the power to remedy it. I believe the community is now requiring Governments to take action to remedy these areas of poverty wherever possible. Mostly it is purely a question of finance and of assessing priorities rather than of saying that one area has been satisfactorily dealt with and other areas brought up to minimum standards. A situation in which 500,000 people live below the subsistence level is just not acceptable.

In Britain various estimates have been made of the number of households living close to the subsistence level. One such estimate is 14 per cent. Fortunately, here the estimates are lower than that. The problem of the poverty syndrome is now accepted. The people living in poverty have every chance of seeing their children brought up in conditions of poverty, malnutrition, lack of education, and lack of opportunity, which merely repeats the vicious circle. Today's poor are therefore producing tomorrow's poor, tomorrow's unemployable, and tomorrow's problem for society. Much can be done in these areas to relieve the depression for the various minorities.


Tonight I propose to mention only one of these minorities, namely, the criminal and to advert to prisons. No doubt other areas will be mentioned by subsequent speakers.

The Minister for Social Welfare has shown his keen interest in this subject and his department's realization that certain action can be taken perhaps at minimal cost in the sphere of general penology and the treatment of the criminal and his reform. I believe a great deal can be achieved at no cost by a humanitarian approach which will benefit the community in the ultimate and sa ve money in the short term. The Minister has already indicated that he is prepared to examine methods of introducing week-end imprisonment for certain offenders. It is important to remember that approximately 28.5 per cent of convicted persons have not previously been convicted.

I should like to mention the report which has been given by the chairman of the Prisoners Parole Board in Queensland, Mr. Justice Hoare, to the conference of the Australian Crime Prevention, Correction and Aftercare Council being held in Brisbane. I wish to quote the following brief passage from the report:-

Imprisonment has been shown to be an extremely expensive and doubtful remedy. The report further stated that to gaol a man so as to waste his time was indefensible unless the issue involved in the particular case was the physical safety of the community. To gaol him without giving him a reasonable opportunity to improve his position in the community "is to waste his time ".

Victoria, of course, is in the forefront in the treatment of prisoners. It has gained from experience in other States and overseas. A close examination of the Social Welfare Department's treatment of prisoners will show an interested observer the success that has been achieved in this field, but of course there is much still to be done. The community's attitude, which is perhaps contrary to the expert's attitude, is still based on

The Hon. C. A. M. Hider.

the concept that prison is a place for punishment. It is a grave mistake to attempt to use eighteenth century methods in the mid-twentieth century. Originally, of course, prison was a holding area only. It was not intended to be a punishment as such; it was intended for holding the prisoner prior to trial. Since then the prison system has been adapted so that it has become suitable for punishment. The majority of modern thinkers agree that the purpose of prison should be reform and correction. If anything, prisoners should be sent to prison as a punishment, not for punishment, as so often happens. It is certainly ineffective on its own as a punishment. Grave doubt exists whether prison deters. The mere incarceration of a person is completely deleterious to his wellbeing and future, and can in no way serve the interests of society.

English investigation has shown no significant difference in the reconviction rates and later crimes of a person whether he is placed in prison, put on probation, or fined. In other words, prison has not been shown to be any more successful than fining a person as a deterrent or a dampener of the crime rate. It is of course degrading and incredibly stupid to allow a person merely to while away his time in idleness in prison. This does not happen in Victoria.

The Hon. J. M. TRIPOVICH.-What about the gaoling of husbands on maintenance charges? They are gaoled for nothing.

The Hon. C. A. M. HIDER.-I will come to that important question, and how these persons can best serve their families. I agree that a person in prison is not serving himself or the community to any purpose. The cost and the waste of resources in gaoling people is large and is a disaster both for the family of the person concerned and for' himself. The debts which have been incurred and for which he may be serving a sentence are not being paid off whilst he is in prison. Therefore, the position of the wife who is seeking pay-


ment and maintenance from an erring husband is worsened.

The Hon. J. M. TRIPOVlcH.-What about a married man whose wife is prepared to let him rot in prison?

The Hon. C. A. M. HIDER.-Can Mr. Tripovich cite a particular case?

The Hon. J. M. TRIPOVICH.-A few particular husbands are in gaol.

The Hon. C. A. M. HIDER.-The concept of the walled institution is one which we must accept now as being of short-term duration. By the turn of the century one can envisage that the institutions which now exist will have been completely abolished and we will have an entirely different prison system which will indeed allow for the problem raised by Mr. Tripovich. As Mr. Tripovich knows, methods of treating offenders other than gaoling them are available. I wish to give an example. In California the California Youth Authority's community treatment project, which is now in its seventh year, allowed one control group to return to the community and gave that group intensive treatment by individual counselling, group counselling, group training, and so on. This was without the use of any prison facilities whatever. It was found that when such a group was returned to the community it was necessary to revoke parole in only 28 per cent of the cases compared with the general average of 52 per cent. It can be seen, theref'ore, that the practice was almost doubly effective in reforming prisoners. It is also interesting that the cost of this programme-cost is important to any Government which is attempting to balance a budget-was only half that involved in relation t'O institutionalized offenders. As a result, California was able to save between $6 million and $8 million by returning offenders to the community and not having to build new institutions. If, as was suggested by interjection, gaols are needed, the Government should examine the form that they should take and ensure that they are suitable for the twentieth century.

The Minister for Social Welfare has said that ce'rtain offenders could be sent to correctional institutions for week-ends only, and I further suggest that serious considerati'On should be given to a concept which is being currently examined in Queensland, namely, not to impose gaol sentences of less than six months. The statistics which have been produced by the Social Welfare Department in its excellent publication include the number of offenders and the length of sentences. Just over 20 per cent of the total number of prisoners were sentenced for less than six months, and the number of sentences of less than three months is approximately 11 per cent of the total number. Those are very significant statistics. From 1 st July, 1969, to 30th June, 1970, the total number convicted and sentenced to imprisonment for less than six mon ths was 81 per cent of all prisoners, so that if sentences of less than six months were to be abolished, the number of prisoners entering various institutions would be reduced by about 80 per cent. The percentage would actually be slightly lower, because a number of convictions would be for crimes in respect of which it could not be agreed that the sentence should not be imposed. Those percentages are set out in table 13 of the Social Welfare Department's publication Census of Prison Population in Victoria on the Night 17-18 October, 1970.

Other suggestions have been made in connection with convictions for felony, namely, that no gaol sentence of less than twelve months should be imposed. English experience has shown that for every 30 c'Onvictions only one offender is gaoled, the others being dealt with by fines, probation and other punishments. Perhaps consideration should be given to adopting a minimum sentence of twelve months for felony convictions; but that raises other issues.


I suggest that in order properly to utilize a person who has been convicted of a crime and to enable him to contribute to his own well-being and that of the community in this State, consideration should be given to a system whereby prisoners are allowed to have home leave and to work outside, and a'lso to increasing the number of letters and visits that a prisoner is allowed. I think it is important that a prisoner's contact with his family and the community should be maintained as much as possible. The prisoner must return to his family and to the community eventually, and he should be able to maintain his bonds and contacts so that when he rejoins the community he will be rehabilitated. If this is not done, he will return to prison.

The Hon. M. A. CLARKE.-Are you familiar with the situation of those who are on remand at Pentridge?

The Hon. C. A. M. HIDER.-Yes; I shall refer to those statistics later. I suggest that the establishment of prison industries in Victoria should be greatly increased. With the cooperation of unions, prisoners could then learn trades and have something to look forward to when they return to the outside world. The prison system would also become more selfsupporting and contribute more to its own maintenance. Professor N orval Morris and Professor Gordon Hawkins, in their book The Honest Politician's Guide to Crime Control, state at page 130-

The extent of the demoralization entailed in keeping prisoners in a state of workless, infantile dependency is incalculable. The development of prison industries can not only provide for the rehabilitation of inmates to constructive and rewarding employment but also provide opportunities for training in vocational skills.

The Swedish work programme is rather interesting, because in that country the motto is, "First build a factory then add a prison to it". The prison industries in Sweden produce goods worth $12 million per annum. This is a large sum when one considers that prison industries in

Victoria produce approximately $400,000 or $500,000 per annum. The Social Welfare Department has been examining this problem for some time, and I believe that the present system of prison industries could be expanded considerably.

I turn now to the subject of open prisons. The Social Welfare Department's statistics show that almost half of all prisoners in Victoria are still in Pentridge and that the other half are in open prisons at Ararat, Beechworth, Bendigo, and other places. The statistics also reveal that the number of people awaiting trial in Victoria is approximately 9 per cent of those who have not been sentenced to gaol. This is a refreshing statistic when it is realized that in America approximately 40 per cent of all prisoners are awaiting trial. They have not been convicted. Of that number between 50 and 60 per cent are acquitted, so that about 25 per cent of prisoners in America are never convicted and are, in fact, wrongly imprisoned.

I believe careful consideration should be given to the establishment of special institutions for those who are addicted to alcohol or drugs. Although this is a question of cost and priority, it must be appreciated that it would relieve the pressure on existing institutions. I believe there are approximately 300 alcoholics who would benefit from treatment in a special institution. They represent 12 per cent of those who are now in prison.

There are three aspects of this matter which should be examined by the Government in line with what the Minister for Social Welfare has proposed. Firstly, the Government should consider whether a bail system which is based on finding money should be continued. There are very few people who abscond while on bail, and it may be that more stringent conditions should be imposed to ensure that an accused will appear. The figure of 9 per cent of prison.ers awaiting trial in Victoria is set out


in table 4 of the publication Census of Prison Population in Victoria on the NightJ 17-18 October, 1970.

The Hon. M'. A. CLARKE.-Is it 9 per cent of the prisoners in Pentridge, or of the total number?

The Hon. C. A. M. HIDER.-They are all in Peflltridge.

The Hon. D. G. ELLIoT.-Awaiting sen1tence, or trial?

The Hon. C. A. M. HIDER.-They are awaiting trial. Of this 9 per cent approximately half are in f'act convicted and sentenced to gaol. The other half are either acquitted or put on a bond, or a retrial is ordered or a fine imposed.

The second reform worthy of consideration is to emphasize and continue the present work of the Social Welfare Department in ensuring that where possible the treatment of the prisoner is based on the community -that is, to allow him to work out and remain as much as possible part of the community. Of course, in conjunction with this, it is essential that special and intensified treatment of the convicted person should take place when he is working as part of the community. The essence is to let the person remain part of the communilty, to continue to earn a satisfactory wage to support himself and his dependants and, at the same time, ensure that he is corrected where rehabilitation is possible. Given the opportunity, in most cases rehabilitation is possible. The English attitUde is that gaol is a l'ast resort only after all other methods have been tried.

The third suggested reform is along the lines of the American Law Institute model penal code which requires that a felony be awarded a one-year convjction, or not at all. In other words, if a crime is serious enough to warrant a gaol sentence that sentence should be not less than one year. In other cases an open gaol would be more sui1table.

The Hon. J. W. GALBALLY.-The man is either sent to gaol for twelve months, or not at all, but an offender might 'feceive a sentence of a monfth or so.

The Hon. C. A. M. HIDER.-But he gets tw'elve months?

The Hon. J. W. GALBALLY.-Yes.

The Hon. C. A. M. HIDER.-That thought did occur to me, but this type of reform must be introduced slowly. There are judges who believe it is necessary to impose gaol sentences to protect the community. This does not appear to be an easy matter to solve and perhaps this is why the Minister's suggestion of a minimum period of six months would be more acceptable to the community. This would allow some assessment to be made of the likely reaction to this type of sentence. Rather than gaoling a person, the aim is Ito utilize every other avenue of reform and correction. Prison should be a last resort. Thus one would assume that it is a severe crime which warrants a prison sentence.

At the end of June, 1970, 3,800 convicted persons were on probation. The present figure is approximately 5,100. This means that, where possible, the courts are attempting to allow the individual another chance, under some guidance, to rehabilitate himself and take his place in the community. The number on parole is 750. This indicates the desire of prison authorities to release prisoners to take their place in the community under a system of guidance and control. If these numbers could be enlarged it would result in a saving to the community, and certainly would be of benefit to the prisoner.

The Hon. M. A. CLARKE.-Does a shortage of probation officers prevent this?

The Hon. C. A. M. HIDER.-I doubt it. Certainly it is desirable that there should be a good ratio of probation officers to prisoners. The Minister is to be congratulated on his proposal


to have a committee look at the penal system. Undoubtedly the work being carried out by the Prisons Division is first class, and work such as that being undertaken by the Hawthorn Youth Welfare Service indicates clearly how the department is thinking. Probably it will not need much more encouragement to continue this type of reform, which is similar to the California Youth Authority's community treatment project to which I referred earlier. The proposal put forward in April, 1970, was that young persons convicted of various crimes be given a number of tests. I shall quote from page 25 of the annual report of the Social Welfare Department for the year ended 30th June, 1970-

Youths who satisfy the selection criteria are placed on probation to the Youth Welfare Service for a period of six months. Three months are spent in attendance on three evenings per week and all day Saturday. There is an intake of one group of ten youths each month. The first three groups are now taking part in the programme. Regular contact is made with parents, and this is maintained during the latter part of the probation period when there is greater emphasis on assistance with individual adjustment to community demands for acceptable living.

The report also refers to nightly group discussions, group therapy and individual therapy, and goes on to state-

Each evening begins with a meal at 5.30 p.m. followed by work projects such as repairing kindergarten furniture, or making toys for children in homes. The evening concludes at 9 p.m., when youths receive fare-money, and regular checks are made to ensure that they are home by 10 p.m.

This type of activity is to be commended and I congratulate the Minister on his attitude, which is in contrast to that of some other States. I hope the views expressed by the Minister recently will be adopted.

On the motion of the Hon. J. M. TRIPOVICH (Doutta Galla Province) , the debate was adjourned.

It was ordered that the debate be adjourned until the next day of meeting.

The Hon. C. A. M. Hider.

SCAFFOLDING (AMENDMENT) BILL.

The Hon. V. O. DICKIE (Minister for State Development) .-1 move-

That this Bill be now read a second time.

Earlier this year an Act which is cited as the Scaffolding Act 1971 was passed by Parliament. The legislation had two main objectives. Firstly, responsibility for the administration of the scaffolding safety legislation was to be transferred from the Minister for Local Government to the Minister of Labour and Industry. The central administrative unit established under the Act would thus be transferred from the Local Government Department to the Department of Labour and Industry. Secondly, responsibility for actual inspection of scaffolding in certain inner or "high rise" parts of the metropolitan district was to be transferred from the municipal councils concerned to the Department of Labour and Industry.

The Scaffolding Act 1971 has not yet been brought into operation by proclamation of the Governor in Council because the necessary administrative arrangements have not yet been completed. However, in the meantime it has been brought to notice that there is a defect in the legislation and this Bill is designed to cure that defect. In section 3 of the Act "municipal district" is defined as "a municipal district as constituted under the Local Government Act 1958". Neither the municipal district of Melbourne nor the municipal district of Geelong is constituted under the Local Government Act 1958 and thus, quite inadvertently, as the Act now stands, those two municipal districts are excluded from its application.

Therefore, the Bill is simply a short, simple measure to cure that defect by amending the definition of "municipal district". The words "as constituted under the Local Government Act 1958" are to be deleted and the Act will then apply to all municipal districts in the State

Latrobe Valley [31 AUGUST, 1971.] (Amendment) Bill. 21

of Victoria, irrespective of the Act by or under which they were created. 1 commend the Bill to the House.

On the motion of the Hon. J. M. TRIPOVICH (Doutta Galla Province) , the debate was adjourned.

It was ordered that the debate be adjourned until Tuesday, September 7.

LATROBE VALLEY (AMENDMENT) BILL.



It contains two measures to assist the Latrobe Valley Water and Sewerage Board in its administration. The first, which is contained in clause 2, specifies the avenues available to the board for investment of its surplus funds and extends to the board the benefits of being able to invest surplus funds in the short-term money market. Other local authorities can now do this under the provisions of the Water Act, the Geelong Waterworks and Sewerage Act and the Sewerage Districts Act. The clause as drafted is similar to the amendment made to those Acts in 1963 following provision for such investments by municipal councils made in the Local Government Act in 1962.

The second provision is a machinery measure, which is contained in clause 3, and which will simplify the annual statements of accounts which the board is required to prepare. The present provision requires the board to prepare each year a revenue account, a statement of receipts and payments, and a balance-sheet. However, most of the figures in the revenue account are duplicated in the statement of receipts and payments. Under the proposed amendment, these two statements will be replaced by one statement of revenue and expenditure which will show more clearly the board's financial position for the relevant year. The proposed amend-

ment will bring this section of the Act into conformity with the Water Act and the Sewerage Districts Act. I commend the Bill to the House.

On the motion of the Hon. D. E. KENT (Gippsland Province), the debate was adjourned.




That this Bill be now read a second time. Its purpose is to provide a number of measures, mostly of a machinery nature, to assist sewerage authorities in their administration. All the measures have been sought by the Provincial Sewerage Authorities Association and will provide greater uniformity between the Sewerage Districts Act and other Acts, notably the Local Government Act, on which they have been modelled. The most important provision in relation to sewerage authorities will enable an authority to vary the rate of interest On outstanding house connection debts so that it can vary with the changing rates the authority may have to pay in financing private works.

Clause 2 amends section 37 of the principal Act which at present requires sewerage authorities to appoint, in addition to other officers, a treasurer. The proposed amendment removes this requirement by deleting reference to the word " treasurer" from the Act. The proposed change follows a similar amendment to the Local Government Act in relation to municipal councils. Little purpose appears to be served by the appointment of a treasurer to a sewerage authority as the Act makes no mention of his qualifications, functions or responsibilities and, in most cases the accounts are kept by the authority's secretary and his staff. The deletion will not prevent

22 Sewerage Districts [COUNCIL.] (Amendment) Bill.

an authority from appointing a treasurer if it considers such an appointment necessary.

Clause 3 is a machinery measure amending section 60A consequent upon an amendment to the Companies Act 1961. The Companies (Public Borrowings) Act 1963-No. 7089-substituted a new section 38 in the principal Act in which sub-section (5) became sub-section (7).

Clause 4 inserts a new section 94B in the principal Act to provide that the sale, conveyance or transfer of any land which is subject to rating by a sewerage authority shall be notified to the secretary of the authority within two months of such sale, conveyance or transfer. This proposal will assist the administration of the rating responsibilities of sewerage authorities by requiring adequate notice of ownership changes of properties serviced by these authorities. The amendment is similar to provisions which already exist in the Water Act, the Local Government Act and the Melbourne and Metropolitan Board of Works Act. The form that the notice to a sewerage authority should take is provided for in clause 6, and is similar to the Twelfth Schedule of the Water Act.

Clause 5 amends sub-section (2) of section 95 of the principal Act which provides that, where an authority finances private works, such as house connections, it is required to accept payment of costs and expenses by quarterly instalments, and the rate of interest charged to the landholder on his outstanding debt must not exceed 1 per cent more than the rate of interest payable by the authority at the time the finance was provided.

However, in recent years interest rates on overdrafts and short-term loans have often risen sharply, and before the debt is paid off the authority could be paying greater interest on such finance than the landholder. For instance, one authority borrowed money in 1962 by way of overdraft in order to finance

The Hon. V. O. Diokie.

private house connections at an interest rate of 5-1 per cent. It charged the landowners 6 per cent. The authority is now paying interest on its overdraft at the rate of 7 per cent and is thus losing money on the financing of these works which are a private responsibility.

The proposed amendment will enabl~ a sewerage authority to vary the Ilnterest 'rate charged to landholders on that portion of any debt which remains unpaid when overdraft or loan interest rates change but so that the interest charged to the landowne~ shall never be more than 1 per cent In excess O'f the rate of interest being .paid fro~ time to time by the authOrIty. ThIS proposal is similar to the provisions of the Local Gov~rnment Act concerning payment by Instalments for private street construction and drainage.

Clause 6 inserts a new Eighth Schedule in the principal Act setting out the form of notice required under the new section 94B, proposed in clause 4. This concerns the sale, conveyance or transfer of land subject to rating by that authority. I commend the Bill to the House.

On the motion of the Hon. A. W. KNIGHT (Melbourne West Province), the debate was adjourned.


MILDURA IRRIGATION AND WATER TRUSTS (AMENDMENT)

BILL. The Hon. V. O. DICKIE (Minister

for State Development) .-1 move-That this Bill be now read a second time.

The Bill contains three amendments to the Mildura Irrigation and Water Trusts Act to bring the Act into line with the Local Government Act in relation to non-:rateable properties. There are also three consequential amendments following recent amendments to the Water Act.

Mildura Irrigation and Water [31 AUGUST, 1971.] Trusts (Amendment) Bill. 23

Clause 2 amends section 3 of the principal Act to provide that ,land which is not rateable by a municipaNty in accordance with section 251 of the Local Government Aclt 1958, as amended by the Local Government (Rating Exemptions) Act 1969, will not be rateable by the First Mildura Irrigation Trust or the Mlldura Urban Trust. This provision already applies to all authorities under !the Water Act and the Sewerage Districts Act; it also applies to the Geelong Waterworks and Sewerage Trust which is required to follow the provisions of those Acts for water and sewerage ra1ting.

Clause 3 amends section 42 of the principal Act to ensure that the provisions of the new section 251 of the Local Government Act will apply to lands within the Mildura Urban Trust District. This is a consequential amendment following that contained in clause 2. Clause 4 amends section 44 of the principal Act, consequential on an amendment in 1968 to the Water Act which substituted a new Division 5 of Part V. with a renumbering of the sections.

Clause 5 amends section 73 of the principal Act to remove wording now redundant as a result of the amendment in clause 2 of the BUI, which applies the provisions of the Local Government Act in determining what land is non-rateable.

Clause 6 contains two amendments to section 170 of the principal Act. The first provides that the provisions of section 243A of the Water Act shall now apply to the First Mildura Irrigation District and the Mildura Urban Water District. The Water Act was amended in 1968 by the insertion of a new section 243A which provides that where a water supply has been discontinued for any reason the authority may recover the reconnection costs. It is considered desirable to extend this prow-Slion Ito the First Mildura Irrigation Trust and the Mildura Urban Trust.

The second amendment is a consequential amendment foHowing the substitution in 1968 of the new Division 5 of Part V. in the Water Act with the sections being renumbered. I commend the BiB to the House.

On the motion of the Hon. D. G. ELLIOT (Melbourne Province), the debate was adjourned.

It was order-ed that the debate be adjourned until Tuesday, September 7.


SUPPLY (SUPPLEMENTARY ESTIMATES) BILL (No.2).

This Bill was received from the Assembly and, on the motion of the Hon. G. L. CHANDLER (Minister of Agriculture), was read a first time.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-1 move-


I thank honorable members for their co-operation in dealing with this important measure. I know that the party leaders have conferred, and I have discussed the matter with Mr. GalbaUy and Mr. Swinburne because the Premier and Treasurer gave an assurance that this Bill would be passed at the earliest possible moment, which this is.

These special Supplementary Estimates cover the payment of pay-roll tax to the Commonwealth in respect of wages and salaries paid during 1970-71. Honorable members will recall that in the 1970-71 Budget no provision was made for an appropriation to cover the payment of pay-rol1 tax to the Commonwealth Government, and subsequently the Government challenged the validity of the tax as it purported to apply to the State.

After the House adjourned, and on 14th May, 1971, the High Court delivered its judgment and pronounced unanimously that the Commonwealth legislation was valid in

24 Supply (Supplementary [COUNCIL.] Estimates) Bill (No.2).

relation to the State. This meant that we were bound to pay the Commonwealth pay-roll tax for 1970-7l. The Government had, as a matter of prudence, so planned its cash dispositions through the Works and Services Account that if the judgment went against us we would have the cash to pay. But there was no Parliamentary appropriation, the Treasurer's Advance was not adequate to meet the position, and therefore no payment could be made in' 1970-7l. However, the relevant sum has been charged to the 1970-71 accounts by transferring the cash to a trust account, and the authority of Parliament is now sought to support this transfer.

The Premier has given an undertaking to the Commonwealth Treasurer that the payment will be made immediately the supplementary appropriation is available, and in the light of that aSsurance the Commonwealth did not proceed to make a deduction from our tax reimbursement grant for 1970-71, a power which the Commonwealth Parliament had approved to be exercised at the discretion of the Commonwealth Treasurer. The Government has given an honourable undertaking to the Commonwealth, and its implementation calls for speedy passage of the supplementary appropriation. I commend the Bill to the House.

The Hon. J. W. GALBALL Y (Melbourne North Province).-This Bill is to enable a debt to be paid to the Commonwealth. The High Court has declared that it is owing, and therefore Victoria must pay it. Perhaps we should ask whether provision should not have been made for that contingency. No doubt the Treasurer relied on the advice of his lawyers. I suppose he should know by now that legal advice is no more reliable than that obtained on the racecourse. The honorable gentleman's interesting career on the racecourse should enable him to exercise his own judgment in dealing with lawyers just as I hope he exercises his own judgment in dealing with

bookmakers and jockeys. With this little homily, nothing more remains than for us to say to the Commonwealth, "You won a magnificent triumph in the High Courtthe money is yours."

The Hon. I. A. SWINBURNE (North-Eastern Province).-Members of the Country Party support the measure. We gave the Treasurer an undertaking that the Bill would be passed tOday so that he could pay to the Commonwealth money which he failed to provide for last year. I suppose we could say, "We told you so. " We did point out in Supply debates in the last sessional period that some provision should be made for this contingency, but that was not done and in the Parliamentary recess the Treasurer could not sign the cheque. The honorable gentleman promised the Commonwealth that payment would be made as soon as possible. Therefore members of the Country Party support the Bill so that the Treasurer may honour his promise.


The Bill was read a second time, and passed through its remaining stages.

SUMMARY OFFENCES (AMENDMENT) BILL.

The Hon. A. J. HUNT (Minister for Local Government), by leave, moved for leave to bring in a Bill to amend sections 24 and 26 of the Summary Offences Act 1966.



POLICE FORCE. REPORT OF BOARD OF INQUIRY.

The Hon. MURRAY BYRNE (Minister of Public Works) presented, by command of His Excellency the Governor, the report of the board of inquiry into allegations of

Police Force. [31 AUGUST, 1971.] Evidence (Documents) Bill. 25

corruption in the Police Force in connection with illegal abortion practices in the State of Victoria.

It was ordered that the report be laid on the table.

The Hon. MURRAY BYRNE (Minister of Public Works) (By leave) .-1 wish to make a supplementary statement on behalf of the Chief Secretary in respect of this report. The board of inquiry found that there was credible evidence raising a strong or probable presumption that four past or present members of the Victoria Police Force, all of them members or former members of the Homicide Squad, were guilty of criminal offences.

Each of the four members or former members was subsequently charged with criminal conspiracy, committed and tried in the Criminal Court in Melbourne. Frederick John Adam was acquitted. John Edward Matthews was convicted and sentenced to five years' imprisonment; Jack Ralph Ford was convicted and sentenced to five years' imprisonment; and Martin Robert Jacobson was convicted and sentenced to three years' imprisonment. Subsequent appeals by Matthews and Ford to the Court of Criminal Appeal were dismissed.

In the course of its report, the board of inquiry made 'Observations suggesting that investigation be made as to whether certain other members might have been involved in breaches of the Police Regulations. A thorough investigation by senior officers was accordingly made at the direction of the Acting Chief Commissioner in respect of the following: -Superintendent F. G. Holland, Sergeant J. W. Flynn, Senior Constable R. H. Jackson, Senior Detective N. E. Murphy, and Senior Detective J. B. O'Brien. In each case the Acting Chief Commissioner of Police, having reviewed the investigation, and with the advice of the legal assistant, decided that no grounds existed for the institution of charges against the member concerned.

Each file was submitted at the direction of the Chief Secretary to the Solicitor-General, and in each case the Solicitor-General concurred in the decision made by the Acting Chief Commissioner of Police. No further action is, therefore, proposed in these five instances. I am prepared to make these five files, and the opinion of the Solicitor-General thereon, available for perusal by the Leader of the Opposition and the Leader of the Country Party if they so desire.

The Hon. J. W. GALBALL Y (Melbourne North Province) .-1 move-

That the report be taken into consideration on the next day of meeting.


EVIDENCE (DOCUMENTS) BILL.

The Hon. A. J. HUNT (Minister for Local Government) .-1 move-


I t has been approved by the Chief Justice's Law Reform Committee and implements recommendations in a report adopted by that committee in May, 1971. The purpose of the Bill is to incorporate in one measure provisions from the Criminal Evidence Act 1965 of the United Kingdom, the computer provisions of the Civil Evidence Act 1968 of the United Kingdom, certain of the provisions of Division 3 and the whole of Divisions 9 and 10 of Part III. of the Evidence Act 1958, which I shall hereafter refer to as the principal Act.

The sub-committee appointed by the Chief Justice's Law Reform Committee to consider the matters dealt with in the Bill had the benefit of discussions with Mr. Justice Manning of the New South Wales Law Reform Commission, who had given consideration to the whole topic of hearsay evidence. This sub-committee also had a meeting with Professor Rupert Cross, who is a foremost world authority on evidence. Over a

26 Evidence (Documents) [COUNCIL.] Bill.

period of four years the sub-committee exhaustively examined many and varied proposals for amendment of the law in this field, and I believe that the Bill which has resulted from its work is a valuable contribution to law reform.

Clause 1 contains the usual short title and citation provisions. Clause 2 substitutes a new section 3 in the principal Act. Sub-section (1) retains the present definitions of "legal proceeding" and "persons acting judicially", substitutes a new definition of "document" and adds a number of new definitions. Several definitions call for comment. For example, the definition of " business" is based on the definitions of the same term contained in sections 53 and 98A of the principal Act but with the added words "whether or not it is engaged in or carried on for profit." " Document" is defined much more broadly than the existing definition and is based primarily on section 10 of the Civil Evidence Act 1968 of the United Kingdom. " Statement" is defined in the same terms as in subsection (1) of section 54 of the principal Act.

Sub-section (2) defines, in relation to the definition of "document" in sub-clause (1), what are copies for the purposes of the provisions of the Act. Sub-section (3) contains a series of amendments consequential upon the definitions in subsection (1).

Clause 3 substitutes for sections 54 to 56 of the principal Act several proposed new sections. Section 54 is a saving provision identical with sub-section (2) of section 54 of the principal Act. Section 55 deals with the admissibility of documentary evidence. Sub-section (1) of this section, applying to civil proceedings, is substantially similar in effect to sub-section (1) of section 55 of the principal Act, but omits the requirement that the document form part of a "continuous" record.

The Hon. A. J. Hunt.

Sub-section (2) , applying to criminal proceedings, is based upon sub-section (1) of section 1 of the Criminal Evidence Act 1965 of the United Kingdom. It differs from the scheme of the English provision in that it expressly requires to be called as a witness the person who supplied the information in the statement to be admitted in evidence. This requirement is, however, subject to the exceptions created by sub-sections (5), (6) and (7).

. Sub-section (3) excludes from the scope of sub-section (2) which, as honorable members will recall, provides rules for criminal proceedings, statements made in the course of an investigation of a crime, whether by the police or other investigators, or of the preparation of the case for the prosecution or for the defence. This provision has been included to ensure that having regard to the wide definition of "business" in the new section 3, statements in a police brief, or statements compiled for the purpose of being tendered in evidence for the defence. do not become admissible in criminal proceedings. This reinforces what has always been the law.

Sub-section (4) repeats without any substantive change the provisions of sub-section (3) of section 55 of the principal Act. Sub-section (5) is in general based on the proviso to sub-section (1) of section 55 of the principal Act and on paragraph (b) of sub-section (1) of section 1 of the Criminal Evidence Act 1965 of the United Kingdom. Paragraphs (d) and (e) of this sub-section, however, are based on sub-section (1) of section 42B of the Evidence and Discovery Act 1867-1962 of Queensland.

Sub-section (6) is also based on paragraph (b) of sub-section (1) of section 1 of the Criminal Evidence Act 1965 of the United Kingdom. Sub-section (7) is based upon subsection (2) of section 55 of the principal Act. Sub-sections (8) and (9) contain part of the provisions of sub-section (5) of section 55 of the principal Act.

Evidence (Documents) [31 AUGUST, 1971.] Bill. 27

Section 55A makes provision for the admission of evidence concerning the credibility of a person responsible for a statement. Sub-section (1) is taken from section 7 of the Civil Evidence Act 1968 of the United Kingdom. Sub-section (2) is new, making special provision in relation to proof of convictions.

Proposed new section 55B is an interesting comment on our computer society, and for the first time in law provides for the admissibility of statements produced by computers. This section is based mainly on section 5 of the Civil Evidence Act 1968 of the United Kingdom, but sub-section (5) borrows from sub-section (5) of section 6 of the same Act. However, sub-section (7) has no counterpart in the English legislation. It has been included because of the desirability to give the court a discretion to reject a statement if for any reason it appears inexpedient in the interests of justice that the statement be admitted. Provisions to this effect appear in sub-section (5) of section 55 of the principal Act and in sub-section (9) of proposed new section 55 in the Bill.

Proposed new section 55c enables a court to draw any reasonable inference from the form or contents of a document and is based on sub-section (2) of section 6 of the Civil Evidence Act 1968 of the United Kingdom and proposed new section 55n provides for the proof of documents by the production of the original or of a copy authenticated in a manner approved by the court. It is based on sub-section (1) of section 6 of the Civil Evidence Act 1968 of the United Kingdom and is similar in effect to the existing paragraph (b) of sub-section (2) of section 55n of the principal Act. Proposed new section 56 deals with the effect of the new provisions in clause 3 of the Bill on the rules requiring corroboration of evidence. It is taken from sub-section (2) of section 56 of the principal Act.

Clause 4 of the Bill inserts in the principal Act new sections 58A to 58J dealing with books of account.

These provisions amalgamate Division 9-sections 90-98 in relation to bankers' books-and Division 10-sections 98A-98c in relation to books of account-of Part III. of the principal Act. The new sections are as follows:

In proposed sub-section (1) of section 58A the definition of "bank" is taken from the present section 90, and the definition of "books of account" incorporates definitions in sub-section (2) of section 90 and section 98A of the principal Act, with an added expression to cover production records and stock records which may not, in themselves, be documents recording the financial transactions of a business. This was a limitation in the old definition which made it difficult to prove some kinds of business records in courts. The definition of "court" is designed to overcome any difficulties arising under the new sections 58G and 58H.

Proposed section 58B provides for entries in a book of account and copies of such entries to be prima facie evidence. Paragraph (a) is based on the existing section 98B, and paragraph (b) is based on the existing section 91. Proposed new sections 58c to 58J substantially re-enact sections 92 to 98 of the principal Act, but the provisions which formerly related solely to bankers' books have been widened to extend to books of account of a business.

Clause 5 of the Bill repeals the provisions of the principal Act which have been replaced by the new provisions contained in clause 4 of the Bill.

Clause 6 amends section 135 of the principal Act so as to make provision for the admission in evidence of a transcript of notes of a licensed shorthand writer or a transcript of a record made by mechanical means, where the shorthand writer or recorder has died without having certified the transcript and the court is satisfied that the transcript is correct.

28 Evidence (Documents) Bill. [COUNCIL.] Summary Offences (Amendment) Bill.

The Hon. M. A. CLARKE.-What happens if a person is too ill to certify; if, for instance, he is in a mental institution?

The Hon. A. J. HUNT.-I shall be most happy to consider that suggestion prior to the resumption of the second-reading debate. It would be proper for me to consult with the Chief Justice's Law Reform Committee, in view of the fact that the recommendations to which this Bill gives effect have come from that committee.

Clause 7 effects consequential amendments of section 1 of the principal Act, having regard to changes made by the other clauses of the Bill.

As I have mentioned, the provisions of this Bill supplement existing procedures and remove a number of deficiencies. I might add that I have with me copies of the report made to the Chief Justice's Law Reform Committee by its sub-committee which considered these amendments and made recommendations which were adopted by the full Chief Justice's Law Reform Committee. Members of the sub-committee were His Honour Judge Dunn· of the County Court, Mr. B. L. Shaw, who was succeeded upon his retirement from the bar by Mr. J. A. Gobbo, Mr. W. F. W. King who for a period was substituted for by Mr. A. R. Lobbin of the Law Institute together with Professor P. L. Waller of the Monash University Law School. The subcommittee's report is very detailed and I think it will greatly supplement what I have said to the House tonight. I shall make copies available to assist honorable members in considering the Bill before the resumption of the debate. I commend the Bill to the House. '

On the motion of the Hon. J. W. GALBALL Y (Melbourne North Province), the debate was adjourned.



The Hon. A. J. HUNT (Minister for Local Government) .-1 move-


This is a short Bill which has two objects. The first is to amend the Summary Offences Act 1958 to provide a separate offence of assault in company with a substantial penalty of twelve months' imprisonment on conviction; the second is to make it clear that it is an offence to be in possession in Victoria of property stolen or unlawfully obtained whether in Victoria or in any other State or Territory of the Commonwealth of Australia.

Pursuant to the provisions of section 23 of the Summary Offences Act 1958 it is an offence for any person unlawfully to assault or beat another person. The penalty for such offence is a maximum of $250 or imprisonment for three months.

Where a person is convicted of assault or battery upon a male child apparently under the age of fourteen years or any female, and in the opinion of the court the assault or battery is of such an aggravated nature that the offender cannot be sufficiently punished under the penalties for common assault, the offender on conviction is liable pursuant to the provisions of section 24 to a penalty of $500 or imprisonment for six months. However, assault upon a single person by a number of persons acting in concert must in terms of section24 be dealt with as common assault unless the court is of the opinion that the assault or battery was of an aggravated nature.

Pursuant to sub-section (2) of section 24, a person convicted of assault by kicking or with a weapon or instrument is liable to a penalty of imprisonment for two years. A stipendiary magistrates' conference has discussed these existing penalties for assault and has advised the Government that it is of the unanimous opinion that the provisions of

Summary Offences [31 AUGUST, 1971.] (Amendment) Bill. 29

the Summary Offences Act are insufficient to deal adequately with assault in company, and that that offence should be dealt with more seriously as one of the categories of aggravated assault. The legal committee of that conference has considered the matter and has recommended that in section 24 there should be a separate provision for such an offence and that a penalty of twelve months' imprisonment should be provided.

The Government agrees with the recommendation and now proposes by this Bill to strengthen the law to enable courts to deal more severely with the abhorrent and cowardly offence of assault in company and to dissuade people of all ages from engaging in this abhorrent, pack attack type of offence. The Bill amends sub-section (2) of section 24 to the effect that if a person in company with any other person or persons assaults another person he shall on conviction be liable to imprisonment for twelve months.

I refer now to the second object of the Bill, which is to make it an offence to be in possession in Victoria of property suspected of being stolen or unlawfully obtained in any State or Territory of the Commonwealth.

Section 26 of the Summary Offences Act provides that any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained may be arrested and brought before a Magistrates Court. If that person does not in the opinion of the court give a satisfactory account of how he came by such property, he shall be guilty of an offence.

Doubts have arisen under that section whether or not (a) the suspicion envisaged must be a suspicion that the property was stolen

or unlawfully obtained in Victoria; and (b) action can be taken against a person in Victoria with respect to property stolen or unlawfully obtained in another State or Territory of the Commonwealth.

It would be a strange result if a person charged with being in possession of stolen property unlawfully obtained could raise the defence that he stole the property in the Northern Territory, and be acquitted. It would be a ludicrous defence and yet quite recently it was raised successfully in some courts of petty sessions. The Chief Justice's Law Reform. Committee was concerned with this defence and considered proposals for the creation of a new substantive indictable offence of possession of property unlawfully obtained outside the State. However, it rejected the proposal as being inappropriate.

In the case of relatively minor offences where a person is found in Victoria in possession of articles of small value, stolen or unlawfully obtained in another State or Territory, extradition to another State would be quite a foolish and unnecessarily expensive procedure. The Chief Justice's Law Reform Committee considered that the matter could be dealt with adequately by a simple amendment to section 26 of the Summary Offences Act, which is precisely what this Bill seeks to achieve in sub-clauses (1) and (2) of clause 3. The Bill removes a doubt about the territorial limitations of a defence under section 26 of the Act and makes it clear that a court may hear and determine an information under the section even where it appears that the defendant stole or unlawfully received the property outside the the Stjlte. I commend the Bill to the House.

The Hon. J. M. TRIPOVICH (Doutta Galla Province) .-1 move-

That the debate be now adjourned.

30 Adjournment. [COUNCIL.] Adjournment.

I am wondering if the Minister will allow me access to the report of the Chief Justice's Law Reform Committee so that I may study the committee's comments on the matter.

The Hon. A. J. HUNT (Minister for Local Government) .-1 shall undertake to do that. 1 have not been provided with the full text of the report, but I shall obtain it and make it available to Mr. Tripovich within the next 48 hours.

The Hon. M. A. CLARKE.-And to the Country Party?

The Hon. A. J. HUNT.-Yes.

The motion for the adjournment of the debate was agreed to, and it was ordered that the debate be adjourned until Tuesday, September 7.

ADJOURNMENT. BUSINESS OF THE HOUSE-POLICE CELLS AT KERANG AND KYABRAM. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-By leave, 1 move-

That the Council, at its rising, adjourn until Tuesday next.

1 appreciate the co-operation of the House in getting a number of Bills placed on the Notice Paper. It was difficult to arrange a time for resumption following the suspension of the sitting for dinner because it was not known how long the debate on a certain measure in another place would take. I should like honorable members to be ready to proceed with the debate on the motion for the adoption of an Address-in-Reply to the Governor's Speech as eavly as possible. The session has started on the right foot because never before, to my knowledge, have so many Bills been placed on the Notice Paper on the first day of a sitting.



That the House do now adjourn.

The Hon. S. R. McDONALD (Northern Province) .-1 raise a matter of Government administration in the Chief Secretary's Department, namely, the state of ceH accommodation at certain country police stations, particularly at Kerang and Kyabram. 1 am certain that similar conditions exist throughout the State.

The cell accommodation at these two centres is the same as it was 75 or possibly 100 years ago and the standard is the same as in Ned Kelly's time. The accommodation consists of two 9-ft. square cells, one for males and one for females; they are virtually unlit and unventilated, and the sanitary arrangements are extremely primitive. His Honor Judge Gorman of the County Court, as reported in the Kerang Times of 27th July, made some scathing comments on the situation and said that the cells at the Kerang police station caused a denigration of human personality. His Honor described the cells as deplorable and said it was hard to imagine that suoh primitive and shocking conditions could exist in this century. An inspection by my colleague, Mr. Clarke, and myself revealed that His Honor's remarks were quite accurate.

Mr. Clarke and 1 have been informed by the Chief Secretary's Department that insufficient finance is available to replace the cells in question. This evening, Mr. Hider expressed an enl'ightened a'ttitude to the treatment of criminals. At Kerang and Kyabram, the persons who spend nights in the ceUs may not be criminals because quite a few will be acquitted. 1 can only hope tihat the sarme enlightenment evidenced by Mr. Hider extends further than the back benches of the Government.

The exiS'ting situation shows a callous disregard for the welfare of those unfortunate persons at the two centres I have mentioned who may have to spend a night in these unsatisfactory cells. 1 ask the Minister representing the Chief Secretary to

Opening of [31 AUGUST, 1971.] the Session. 31

bring this matter to the Ch'ief Secretary's a tten tion so that some action may be forthcoming in the near future.

The Hon. MURRAY BYRNE (Minister of Public Works) .-1 thank Mr. McDonald for bringing this matter to the attention of the House. 1 have no personal knowledge of the cells in question but 1 can assure the honorable member that 1 will immedia1tely take up the matter with the Chief Secretary. The Chief Secretary and the Government are concerned about accommodation in gaols and, despite the problems facing the State, the Government has a good record with regard to improvements that have been effected at penal establishments over the past couple of years.


The House adjourned at 10.39 p.m., until Tuesday, September 7.

14tgialatiut A!l!ltmbly Tuesday, August 31, 1971.

OPENING OF THE SESSION. The SPEAKER (the Hon. Vernon

Christie) took the chair at 2.31 p.m., and read the prayer.

The CLERK read the Proclamation by His Excellency the Governor convoking Parliament.

The Usher of the Black Rod of the Legislative Council brought a message from His Excellency the Governor desiring the attendance of honorable members in the Chamber of the Legislative Council.

The House, headed by the Speaker, proceeded to the Council Chamber.


DEATHS OF THE HONORABLE THOMAS TUKE HOLLWAY AND

THE HONORABLE KEITH DODGSHUN.

Sir HENRY BOLTE (Premier and Treasurer) .-Mr. Speaker, before I move a motion relating to the late Honorable Thomas Tuke Hollway and the late Honorable Keith Dodgshun 1 should like to refer very briefly to three other events, two of which have saddened this House. 1 refer to the death of two former Clerks of the Parliament - Hugh Kennedy McLachlan, who was Clerk of the Assembly and Clerk of the Parliaments and who died on 9th August, and John Archibald Robertson, who occupied the same positions and who died on 2nd July. It is not usual to move a motion relating to the deaths of former officers of Parliament, and 1 do not propose to do so, but I consider that it is proper to refer to the marvellous service which was rendered by those two gentlemen, and on behalf of all honorable members I express honest and sincere condolences.

On the brighter side, 1 think it is proper for me to report that almost a mini-miracle has taken placenamely, that Sir Arthur Rylah is well on the way to recovery. 1 am sure all honorable members will be pleased to know that, in my opinion, Sir Arthur has recovered 100 per cent mentally and is well on the way to complete physical recovery, although that will take a little longer.

I move-( 1) That this House expresses its sincere

sorrow at the death of the Honorable Thomas Tuke Hollway, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as member of the Legislative Assembly for the electoral district of Ballaarat from 1932 to 1952 and for the electoral district of Glen Iris from 1952 to 1955; Premier and Treasurer from 1947 to 1950 and in 1952; Minister of Public Instruction and Minister of Labour from 1943 to 1945; Commissioner of Crown Lands and Survey, Minister of Water Supply, and Minister of Soldier Settlement in 1948; Minister of Transport and Minister in Charge of Electrical Undertakings in 1949; and Attorney-General in 1952.

32 Deaths of the Honorable [ASSEMBLY.] Thomas Tuke H ollway

(2) That this House expresses its sincere sorrow at the death of the Honorable Keith Dodgshun, and places on record its acknowledgment of the valuable services rendered by him to the Parliament and the people of Victoria as member of the Legislative Assembly for the electoral district of Ouyen from 1938 to 1945 and for the electoral district of Rainbow from 1945 to 1955· Chief Secretary from 1947 to 1948 and from 1950 to 1952; Minister in Charge of Electrical Undertakings and Minister of Immigration from 1950 to 1952.

I move this motion with the knowledge that, at the most, there are only four honorable members still serving who were members of Parliament at the same time as Mr. Hollway and Mr. Dodgshun. They were important members of Parliament during a very torrid period when there was turmoil from day to day and from week to week, a situation I have no wish to see repeated. Their careers were almost parallel, in that each was a member of the Parliament before, during and after the war when the Parliament and politics were in a state of flux.

I was a colleague of the late Thomas Hollway. I went to school with him and we played in the same cricket team. I also played in a Cabinet team with him. Although we parted ways politically I can at least say-and it pleases me to be able to-that I remained a friend of Tom Hollway until the day he died. I think it is fitting as well that we should remember the very valuable service that he rendered to this State. Tom Hollway entered Parliament as a young man in 1932. He held the seat of Ballaarat for twenty years and then transferred to Glen Iris during the period of turmoil to which I have referred. Ultimately, he was defeated at the 1955 elections.

Keith Dodgshun entered Parliament at about the same time, or a little later. He lived through the same turbulent era and was involved in all of the political struggles that took place. Throughout the whole of that period he and Tom Hollway proved themselves to be men who were well fitted to serve in the Parliament. They stood up to the rigours of Parliamentary life and to the political

Sir Henry Bolte.

assaults that were made-sometimes, one upon the other, for at times they worked together and at other times they were opposed. Of course, it was proved that Parliament was supreme, because regardless of the struggles, the difficulties and the differences that arose, Parliament survived.

I think all honorable members can learn a lesson from the actions of the many notable figures who have graced this Parliament in the 115 years of self-government in Victoria. We have been fortunate in having had men who were leaders in their own right within their respective political parties. It is my sad duty today to convey to both families the sincere condolences of this House from honorable members who knew Mr. Hollway and Mr. Dodgshun personally and from honorable members who did not know them but realize from their knowledge of political history that they were gentlemen who carved a niche in political history and life in this country-even beyond the borders of Victoria. During the period that I have mentioned Canberra had begun to erode the powers of this State and this Parliament, and both of those gentlemen strongly resisted that erosion.

I have the greatest admiration for both of them. I am proud to have served in a Government with the late Tom Hollway and I am proud to have sat in opposition with the late Keith Dodgshun. Both honorable members lived up to what was expected of them in protecting the rights of the people of Victoria and of this Parliament.

Mr. HOLDING (Leader of the Opposition) .-In supporting the motion moved by the Premier, I should like first to refer to the former Premier, the late Honorable Thomas Tuke Hollway. I did not have the pleasure of sitting with him or watching him in this Parliament, but as a young man I met him at the university on one occasion when he gave an address. He was a charismatic and turbulent figure, and it is well known that politics were more turbulent then than they are

and the Honorable [31 AUGUST, 1971.] Keith Dodgshun. 33

now. He showed great capacity as an administrator and seemed to enjoy his responsibilities as Premier. As a Parliamentarian he demonstrated that he could not only take it but could also dish it out, and, given the nature of politics, that is as much as one can say in terms of praise concerning any honorable member who has spent a long period in this House. Mr. Hollway had strong principles, and in accordance with those principles he served the State as well and ably as he COUld.

Keith Dodgshun had a most impressive record of service, and this is amply confirmed by the number of positions he occupied in the House during a turbulent period in politics. It is interesting to note that now even the more senior honorable members have difficulty in vividly recalling the capacity which was shown by these men in Parliament. Both served the State faithfully and well.

I agree with the Premier that it is appropriate to record the very real loss that honorable members feel at the deaths of two former Clerks, Mr. McLachlan and Mr. Robertson. I met Mr. McLachlan, and I knew Mr. Robertson well. I was a young member when he was Clerk of the House, and it is sad that he has died before having an opportunity to record for posterity the vivid memories he had of this place. I spoke to him several times about his vast experience in the procedures and rules of the House and I have heard his vivid recollections of many very real personalities who made this Parliament the place it is. His loss is a sad one and one that all honorable members will feel deeply. I echo the sentiments of the Premier in saying that the deaths of these men leaves a gap in history of the Parliament and of the State.

Mr. MITCHELL (Benambra).-On behalf of the Country Party, I support the motion. With the Premier and the Leader of the OpPOSition, I am shocked and saddened at the number of distinguished and great men we have lost in the past few

Session 1971.-2

weeks. Parliament was more than a job for Mr. McLachlan and Mr. Robertson; it was a way of life, a calling, something higher than mere toil. This House was poorer when they left, and the State is poorer now that they have passed away; but we are richer with the memory of what can be done by persons who serve an institution in which they sincerely believe, and Mr. McLachlan and Mr. Roberston were magificent examples of such persons.

The Premier did a commendable job in referring to Tom Hollway's specific achievements, but I wish to speak of him from a more personal angle. He demonstrated to us that life was meant to be something worth while. He did not commence life in advantageous circumstances, but he refused to let that get him down. By his own efforts he had a distinguished career at school in Ballarat, and, again by his own efforts, he had a distinguished career at the university. He was not prepared to sit down and let life come to him; he took it before it came, and when he was 25 years of age he started the tradition of youth in Parliament, for he was then the youngest man ever to be in this House.

Tom Hollway showed a capacity to learn that we can all admire and copy. The late Sir Andrew Peacock taught him the skill and the depth of what is meant by the operation of a Parliament. Tom Hollway was not too proud to learn. He also learned a lot, as we all can and have learnt, from the Opposition. He learned much from the late Sir Albert Dunstan, who was one of the best political brains this State has had. Far from being disheartened, Tom Hollway was able to pick the brains of Sir Albert Dunstan.

As the Premier said, they were difficult times, and Tom Hollway learnt to deal with them. He learned a political skill which I do not think I have seen since, although towards the end of his political life eventssome of his own making, some of fate, and some of the times-perhaps

34 Deaths of the Honorable [ASSEMBLY . .!" Thomas Tuke Hollway

clouded his political career. He never let up. He always had that keen mind, skill and sense of humour that are so necessary if one is to temper this life with humanity. The late Tom Hollway paid a debt to the future. He realized that Parliament is not just here now, and he sponsored young men, one of whom is now the Premier of the State. He followed along the many branches and routes of political life, and now he has gone.

With the honorable member for Murray Valley I served with the late Keith Dodgshun in Cabinet, and there is no better school for learning human nature and personal qualities. Although the Cabinet at that time did not experience all the difficulties that were mentioned by the Premier, the Country Party Government did have a rather tenuous pOSition with very little money and difficult problems, but never once did Keith Dodgshun lose his sense of balance. He was able to keep the Cabinet from becoming rattled. With a few quiet words and a faint smile, Cabinet would be on the beam again.

The late Mr. Dodgshun could have lived a life of lUXUry in Melbourne after his war service as a gunner, but this young man went to the Rainbow-Hopetoun area and fought under the shadow of failure, which was prevalent in those days and which could have meant starvation. Keith Dodgshun never weakened and neither did his family. He was a pioneer in the true sense of the word and his greatest characteristic was that no matter what crisis or contingency arose, or what spate of annoyances crowded down on him, he never once let it interfere with his calm appreciation and the joy of this life which God has vouchsafed to grant us in this world. No matter what the problem, the religious principles laid down by his mother were inviolate.

It is often said that when a man takes up politics, he does so because of a mixture of self-advancement and patriotism, but in Keith Dodgshun

Mr. Mitchell.

there was no question of self-advancement or cheap jingoism but a sincere love of his country. Keith Dodgshun had one attribute which is not easy to find in many people. It is easy to smile with the lips, but not easy to smile with the eyes, which demonstrates sincerity of soul. Keith Dodgshun always smiled with his eyes.

He was helpful to young Ministers and members, and was an example of absolute loyalty at its best. It is not always easy to remain loyal even if one thinks one's Leader is right, but it is harder still when one thinks one's Leader is wrong. Even though Keith Dodgshun thought our Leader was wrong at times, he never wavered in his sincere loyalty. Although he travelled to Melbourne from Rainbow, he remained loyal to the people of his district, loyal to himself and loyal to his surroundings, and thereby set an example which will be hard to beat.

The SPEAKER (the Hon. Vernon Christie).-I am sure that every honorable member is grateful to the Premier for moving this motion and to the Leader of the Opposition and the honorable member for Benambra for supporting it. As the Premier said, most of us were not here to learn at first hand of the deeds and exploits of the late Mr. Hollway, but many of us have read about them and studied them. We are all grateful for the chance to honour a man who held the top administrative job in the State and who worked so well in the Ministry of the State of Victoria.

The late Mr. Dodgshun was a very warm and lively personality. I recall meeting him before I came into this place. He had the great quality that when people went to him for advice, he seemed to have a cheerfulness and understanding of the difficulties of running the country and of people living together.

I am pleased that the Premier mentioned the late Mr. McLachlan and the late Mr. Robertson, both of whom were great servants of this House in the best tradition of service

and the Honorable [31 AUGUST, 1971.] Keith Dodgshun. 35

to Parliament. They did the groundwork in building up the staff of this place in a way for which we are now thankful in the quality of the table officers whom we are pleased and happy to have with us.

1 agree that these things should be mentioned and hope that all the relatives of those who are no longer with us will understand our sympathy in their loss.

The motion was agreed to in silence, honorable members signifying their unanimous agreement by stanqing in their places.

ADJOURNMENT. Sir HENRY BOLTE (Premier and

Treasurer) .-1 move-That, as a further mark of respect to the

memory of the late Honorable Thomas Tuke Hollway and the late Honorable Keith Dodgshun, the House do now adjourn until a quarter to Eight o'clock this day.


The House adjourned at 4.54 p.m.

The SPEAKER (the Hon. Vernon Christie) took the chair at 7.50 p.m.

TEMPORARY CHAIRMEN OF COMMITTEES.

The SPEAKER (the Hon. Vernon Christie) laid on the table his warrant nom'inating Mr. Clarey, Mr. A. T. Evans, Mr. Ginifer, Mr. Jona, Mr. Lind, Mr. R. S. L. McDonald, Mr. Mitchell, Mr. Stokes, Mr. Suggett, Mr. A. W. Taylor, Mr. Trewin, Mr. Wheeler 'and Mr. Wiltshire to act as Temporary Chairmen of Committees whenever requested to do so by the Chairman of Committees.

Mr. WILKES (Northcote).- Would it be appropriate for me, Mr. Speaker, to comment on the list of Temporary Chairmen of Comm!ittees which was circula ted, or would you prefer me to do it later?

The SPEAKER (the Hon. Vernon Christie ).-This is my warrant nominating Temporary Chairmen of Committees. The list is unofficial. Is it the list which was issued today?

Mr. WILKES.-Yes. Would you prefer me to see you privately, Mr. Speaker?

The SPEAKER.-Yes. It is inappropriate to raise the matter at this time.

QUESTIONS WITHOUT NOTICE.

TRAIN DERAILMENTS. Mr. WHITING (Mildura).-In view

of two recent derailments of passenger trains in the vicinity of Bungar,ee and a further derailment in the vicinity of Creswick, will the Minister of Trans!,>ort consider appointing an independent inquiry in an endeavour to restore the confidence of the travelling public in the Victorian Railways?

Mr. WILCOX (Minister of Transport) .-If at any stage there is a need for an independent inquiry into the matters which the honorable member for Mildura has raised. I would have no hesitation in saying tha t an independent inquiry would take place. In relation to the Mildura train -to which the honorable member referred and which suffered a derailment--

Mr. WHITING.-There were two derai,lments.

Mr. WILCOX.-I can speak of one that came to my notice. The system is that the Victorian Railways, under their legislation provided by this Parliament, are required to hold a board of inquiry, which they do promptly. In each case when the board has completed its inquiry I am notified of the cause of the derailment. If there is anv doubt about the cause of the deraIlment, the matter is not allowed to rest there. If the honorable member will let me know of any particular occurrence with which he is concerned, I shall be happy to provide him with the report of the board of inquiry.

In the unfortunate and serious derailment which occurred at Bungaree late yesterday, it is very fortunate that there were no real

36 Questions without [ASSEMBLY.] Notice.

injuries. All of the seven or eight people who were taken to hospital were able to resume their journeys in the train provided to take them to Adelaide. I have had a number of reports from the Victorian Railways during the day, but I have not yet been informed concerning the cause of the derailment. Not only is the board of inquiry hard at work but the three branch heads of the operating section of the railways went to the scene later this day to ascertain the cause of the accidentif it is humanly possible to find it.

I do not want to say much more at this stage because it would not be fair to prejudice anyone. I will most certainly inform the honorable member for Mildura or any other honorable member what was the cause of the derailment. It is a matter of great concern to the Government and to myself that any error, derailment or whatever it was of this nature should have occurred. The cause should be completely identified so that no danger can arise of its happening again.

SHOP TRADING HOURS.

Mr. WILKES (Northcote).-In the light of the widespread hostility and opposition by small shopkeepers to any extension in shop trading hours, will the Minister of Labour and Industry give an assurance that he is prepared to listen to the representations of those people before he proposes any alterations to shop trading hours through the provisions of the Labour and Industry Act?

Mr. RAFFERTY (Minister of Labour and Industry) .-In accordance with the normal practice and policy of the Government, all responsible representations on any matters of importance have always been listened to. I am prepared to listen to reasonable and sensible proposals put to me by the representatives indicated by the honorable member for Northcote.

SPECIAL SCHOOLS. Mr. DOUBE (Albert Park).-Is the

Minister of Education aware that there is a waiting list of approximately 300 children seeking accommodation in special schools administered by the Education Department? Is he also aware that this figure of 300 has been reached mainly because of the number of applications that have been received in the past two years? If so, can he inform m'e what steps he proposes to take so that the problem will be overcome as rapidly as possible?

Mr. THOMPSON (Minister of Education) .-The Education Department is at present planning that new schools should be established for children in this category. It has been planned to accommodate such children at newly-designed special schools at Watsonia, Burwood and Dandenong. The Dandenong school will be the first of these projects to be completed, followed by newly-erected schools in Watsonia and Burwood.

RURAL RECONSTRUCTION SCHEMES.

Mr. GINIFER (Deer Park).-Can the Minister of Lands inform me whether Victoria is acting as an agent in respect of the dairy farm reconstruction scheme and the States grants rural reconstruction scheme. or whether complementary legislation is required for the State to participate in these schemes? If complementary legislation is not required, will he make a Ministerial statement so that these two matters can be debated?

Mr. BORTHWICK (Minister of Lands) .-The scheme does not require complementary legislation. It is a Commonwealth scheme in which the States participate by way of agreement. I believe there should be opportunity for the House to discuss this scheme, and I will give consideration at an appropriate time to the making of a Ministerial statement.

Questions without [31 AUGUST, 1971.] Notice. 37

COMMONWEALTH CONSTITUTION.

Mr. JONA (Hawthorn).-Has the Attorney-General had discussions with representatives of the other States as to the holding 'Of a conference on the Commonwealth Constitution; if so, what progress has been made in these discussions?

Mr. REID (Attorney-General) .I have had discussions with representatives of other State Parliaments in all States except Western Australia, in respect of which I propose to arrange a visit shortly. I cannot, of course, answer on behalf of other Governments in regard to their actions, but I have had very favourable responses to this suggestion. I have discussed the matter with the Premier, the Attorney-General, and the Leader of the Opposition in New South Wales, in Queensland, and in South Australia. They have been most interested in the proposal, and I believe their reaction is favourable and that the Premiers will discuss it with their Cabinets. In Tasmania I discussed it with the Premier and the Attorney-General, who were similarly well-disposed to the proposal. I did not have the oportunity of discussing it with the Leader of the Opposition in Tasmania as at that time he was attending an important conference of his party, but I propose to call upon him again; I believe he is sympathetic to the suggestion.

ETHANE PIPELINE. Mr. WILKES (Northcote}.-Is the

Minister for Fuel and Power prepared to clarify the situation relating to the proposed ethane pipeline across Port Phillip Bay? The Minister for State Development has written to municipalities advising them that the Government has already made certain inquiries into the matter. In spite of this, the Minister for Fuel and Power has stated that the Government is still not satisfied. Is the Minister for Fuel and Power prepared to clarify this situation in the light of the statements of the Minister for State Development?

Mr. BALFOUR (Minister for Fuel and Power) .-1 am not aware of the remarks alleged to have been made by the Minister for State Development. In April of last year, after much consideration, the Government decided that a permit and a licence should be issued for the construction of the ethane pipeline. About that time, because of opposition from certain people-in the Mordialloc area, particularly-a black ban was placed on the line by the so-called 26 rebel unions. Following that, a ban was placed on the line by the Trades Hall Council. The Trades Hall Council sent to me as Minister a certain resolution. Over the intervening period, with the introduction of the environment protection legislation setting up the Environment Protection Authority, and the Environment Protection Council, on which the Trades Hall Council has a representative, I believe-and the Trades Hall Council agrees-that the matters raised in its resolution have been resolved. 1 had just left for overseas at the time, but I understand that at its meeting about the end of June the Trades Hall Council decided to lift its ban.

The present position is that the Government is satisfied that the line can be constructed safely without causing problems in the bay. Since the issue of the permit in April of last year, a great deal of work has been done; in fact, the services of an underwater photographer were engaged and there are now photographs of the whole strip across the bay. We now have first-hand knowledge of what the bay looks like. If honorable members are interested, I shall make the photographs available to them. Recently a barge made a trip across the bay and took soundings for engineering purposes. Aboard the barge was the senior lecturer in geology from the University of Melbourne. He took samples, and it is his opinion that no damage could be done.

The Government's position is clear. The Government believes this line should be constructed. Last weekend the contractors advertised for

38 Questions without [ASSEMBL Y.] Notice.

labour, and I understand that the response was very favourable and that many people wish to carry out various types of work on the line.

Mr. WILKEs.-The Chief Secretary said that you would investigate a suggestion that the line should be laid around the bay.

Mr. BALFOUR.-To two deputations which I attended with him the Chief Secretary said that the Government would investigate a proposal concerning a pipeline corridor around the City of Melbourne. I made it quite plain to both deputations that we were committed to construction of the ethane line across the bay. I pointed out that the building of the line was a matter of urgency so that ethane which is at present being flared at Long Island can be taken to Altona, where the petrochemical companies have spent about $18 million on works to treat it. The Government believes this project should be carried out as quickly as possible.

TYPHOID. Mr. SHILTON (Midlands).-Can

the Minister of Health inform the House if, when a woman contracted typhoid in Broadmeadows after eating at a Northcote Chinese cafe, the Department of Health failed to act to close the cafe twenty days after the woman contracted the disease and five days after the proprietor was found to be a typhoid carrier? If so, why?

Mr. ROSSITER (Minister of Health) .-The answer is, "Yes".

PRE-SCHOOL EDUCATION. Mr. FORDHAM (Footscray).-Can

the Minister of Health advise the House what progress has been made in the selection of personnel and the drawing of terms of reference for the proposed committee of inquiry into pre-school education in Victoria. Following a Cabinet decision to set up such a committee in May, 1971, can the Minister explain if there has been a delay, and if so, why?

Mr. ROSSITER (Minister of Health) .-If the honorable member assumes that there has been a delay because of some important discussions which have taken place between the departments concerned in establishing a committee, I pity him for his approach to the question of administering committees within this State. A Cabinet decision has been taken, and a committee of inquiry will be established under the Health Act. It will be a consultative committee of inquiry into pre-school education. The terms of reference have been circulated among departments. We are waiting for one or two departments to give us their comments on the proposed terms of reference. Consideration has been given to the personnel of the consultative committee, and in due course the committee, the terms of reference and the personnel will be announced.

TAPE RECORDING OF' PARLIAMENTARY PROCEEDINGS.

Mr. ROSS-EDWARDS (Leader of the Country Party) .-1 ask you, Mr. Speaker: If at any time it is contemplated that experiments in the tape recording of proceedings of this House should be made, will you first give notice to all honorable members of any such experiments?

The SPEAKER (the Hon. Vernon Christie).-The answer is, "Yes."

TYPHOID. Mr. SHILTON (Midlands).-In view

of the answer given to my previous question, does the Minister of Health regard the delay by his department in dealing with this matter as serious? If so, what action does the honorable gentleman intend to take through the Department of Health to prevent a tragedy such as that which happened in Glasgow, where a similar outbreak occurred, and as a result of which 300 people died from typhoid through eating food in dirty cafes?

Mr. ROSSITER (Minister of Health) .-Speaking as a 'layman--

Questions without [31 AUGUST, 1971.] Notice. 39

Mr. SHILTON.-Speak as the Minister of Health.

Mr. ROSSITER.-I am speaking as a layman and not as a medically trained scientist. Whether or not there are different phases in typhoid-

Honorable members interjecting.

The SPEAKER (the Hon. Vernon Christie).-Order! The Minister should address the Chair.

Mr. HOLDING (Leader of the Opposition) .-On a point of order, Mr. Speaker, the question is directed to the Minister in his capacity as Minister of Health, and I submit that he is entitled to answer, or not answer, in that capacity. The honourable gentleman is out of order if he is suggesting that he is answering as a layman. He should answer as a Minister of the Crown, or not at all.

The SPEAKER.-Order! There is no point of order. The expression might indicate a certain humility.

Mr. ROSSITER (Minister of Health) .-As a layman, conscious of the humility required of a Minister of the Crown when speaking about something of which he has been advised by his technical advisers, rather than someone who purports to speak in a puny, pusillanimous way, I point out that there are certain types of typhoid germs-let us use layman's terms-and it took the scientists five days to find out whether or not the Chinese proprietor of the cafe had the same sort of germs in his body as the woman who was taken into Fairfield Hospital with typhoid. In terms of individual justice, could the Department of Health close this cafe?

Mr. CURNow.-Yes.

Mr. ROSSITER.-There is the next dictator of Victoria! I stand here supremely conscious and confident that the Department of Health acted in the best interests of the community in this matter.

Mr. WILKES.-It did not.

The SPEAKER (the Hon. Vernon Christie ).-Order! The Minister has been asked a question and he should be permitted to answer it without interjection.

Mr. ROSSITER.-I am conscious of the fact that the Department of Health has acted in this matter' with the highest propriety in accordance with scientific principles.

Mr. HOLDING (Leader of the Opposition) .-1 direct a further question to the Minister of Health on the same subject. Can the honorable gentleman assure the House that he is satisfied there was no undue delay in the handling of this matter which would involve any directives by him as Minister to those members of his department who may have been involved in such delay.

Mr. ROSSITER (Minister of Health) .-1 issued no directives to officers of my department in this matter. 1 was guided by their scientific knowledge and the fact that they are the people who are statutorily responsible for the health of this community.

Mr. HOLDING.-I am only asking for the Minister's assurance that he believes there was no unreasonable delay. .

Mr. ROSSITER.-To answer the supplementary question by the Leader of the Opposition, 1 give him an assurance that, in my opinion as Minister of Health, there was no undue delay.

AGENT-GENERAL IN LONDON. Mr. EDMUNDS (Moonee Ponds).

Does the Premier consider that Britain's entry into the European Common Market will make redundant the office of Victorian Agent-General in London?

The SPEAKER (the Hon. Vernon Christie).-The honorable member is asking for an opinion; a question should be asked.

Mr. EDMUNDS.-In view of Britain's imminent entry iI)to the European Common Market, is it a

40 Questions without [ASSEMBLY.] Notice.

fact that the office of Victorian' Agent-General will be redundant? If so, will the Premier consider reappointing the Agent-General to Tokyo, Singapore, or Hong Kong, to promote the interests of Victorian businessmen in those Asian cities?

Sir HENRY BOLTE (Premier and Treasurer) .-It is news to me that the Agents-General in London for all States have had any influence or impact on trade agreements or economic functions between Australia and the United Kingdom or Europe. The function of Victoria's AgentGeneral in London is to represent this State in that city and to do various things.

Mr. FORDHAM.-What, for example?

Sir HENRY BOL TE.-The junior honorable member should wait and learn a little before he giggles. The Agent-General's office in London today undertakes all the buying for Victorian authorities including the Victorian Railways, the State ElectriCity Commission, the Gas and Fuel Corporation and many other departments. This is one of the major functions of the office but perhaps the greatest function is to look after Victorian citizens when they are in London so that they may have somewhere to go where they will be known and be looked after. If for no other reason than that, the office is justified.

One could go into the whole field of interviewing prospective migrants, handling inquiries from industrialists regarding information about conditions-economic, industrial or otherwise-in the State of Victoria, but these things have nothing to do with Britain's entry into the Common Market, the value of the yen, sterling, the dollar, or anything else. Victoria has a very good office in London and I believe the Premier of the day who sold Australia House, which was then owned by VictOria, did this State a great disservice because Victoria would still have owned the

whole building. Unlike the honorable member who would close down the Victorian office in London, I am endeavouring to strengthen it.

MORWELL POLICE DISTRICT. Mr. AMOS (Morwell).-Has the

attention of the Chief Secretary been drawn to the fact that the staff of the Morwell police district is severely under authorized strength? If so, will the honorable gentleman take steps to ensure that the staff is brought up to strength as soon as possible?

Mr. HAMER (Chief Secretary).Yes, it has been drawn to my attention that the staff of the Morwell police district is below authorized strength. So is the staff of several other police districts. There has been considerable improvement in recruiting to the Police Force over the past few months. When the new men are trained, the first objective will be to bring all districts up to their authorized strengths. I will not forget the Morwell district.

JUSTICES OF THE PEACE. Mr. CLAREY (Melbourne).-In

view of one or two recent appointments as justices of the peace, I ask the Attorney-General whether the Law Department has relaxed its policy that, it would not recommend any appointments, which honorable members may suggest, of hotelkeepers or former members of the Police Force as justices.

Mr. REID (Attorney-General) .There has been some slight variation of policy in relation to persons associated with the hotel trade. A memorandum on this matter was circulated to honorable members last year, at the beginning of the present Parliament. That memorandum set out the various conditions for appointments as justices of the peace. I will see that the honorable member for Melbourne receives another copy of the memorandum.

Questions on Notice. [31 AUGUST, 1971.] Police Force. 41'

LAND FOR FORESTS. Mr. GINIFER (Deer Park).-Is the

Minister of Forests aware that, under the dairy farm reconstruction scheme, properties are being offered for purchase by adjoining landowners and that some properties, if not adjacent to, are in close proximity to State forests? Would the honorable gentleman be prepared to arrange that the Forests Commission liase with the Rural Finance and Settlement Commission with a view to obtaining some of this land to be used for forests?

Mr. MEAGHER (Minister of Forests) .-The Forests Commission, over the past five years, has, in fact, bought some 14,000 acres of this type of farm property to restore. it to forest. At the meeting of the Australian Forestry Council last June, I put it to the Commonwealth that this type of operation should be incorporated in the rural reconstruction scheme. Recently, I suggested to the Premier that he might convey a similar request to the Prime Minister. I am hopeful that, under the rural reconstruction scheme, more money will be made available so that more of this type of action can be taken.

QUESTIONS ON NOTICE. The SPEAKER (the Hon. Vernon

Christie).-As we start this new session, I should tell honorable members of a small change which has been made in relation to questions on the Notice Paper. In future, each question handed in for listing on the Notice Paper will be allotted a number by ~hich it shall be identifi.ed so long as it remains on the Notice Paper. This is a change from what we have been doing. Therefore, questions will be numbered consecutively for the whole of the session and not numbered each day. I think this will not upset members. It will certainly assist in the printing of the Notice Paper and it will help the departments which are so good in answering the questions. It should save time and money.

PETITIONS. SALE OF ALCOHOLIC DRINKS.

Mr. HAYES (Scoresby) presented two petitions from certain citizens of the State of Victoria praY'ing that legislation be enacted to require the sale of drinks with an alcoholic conten t to be made only from licensed premises. He sta ted that the respective petitions ·were respectfully worded, in order, and collectively bore 285 signatures.

It was ordered that the petitions be laid on the table.


The Clerk announced that pursuant to the directions of an Act of Parl'iament he had laid upon the table of the House the report of the Royal Commission appointed to inquire into the failure of the West Gate Bridge.

I t was ordered that the report be printed.

POLICE FORCE. REPORT OF BOARD OF INQUIRY.

Mr. HAMER (Chief Secretary) presented, by command of His Excellency the Governor, the report of the board of inquiry into allegations of corruption in the Police Force in connection with illegal abortion practices in the State of Victoria.

It was ordered that the report be laid on the table, and be printed.

Mr. HAMER (Chief Secretary).By leave, I make a supplementary statement for the information of the House in connect!ion with the board of inquiry into allegations of corruption in the Police Force in connection with illegal abortion practices.

The board of inquiry found that there was credible evidence raising a strong or probable presumption that four past or present members of the Victoria Police Force, all of them members or former members of the Homicide Squad, were guilty of criminal offences. Each of the four members or former members was subseq~ently charged with criminal

42 Police [ASSEMBLY.] Force.

conspiracy, committed and tried in the Criminal Court in Melbourne. Frederick John Adam was acquitted; John Edward Matthews was convicted and sentenced to 5 years' imprisonment; Jack Ralph Ford was convicted and sentenced to 5 years' imprisonment; Martin Robert Jacob'Son was convicted and sentenced to 3 years' imprisonment. Subsequent appeals by Matthews and Ford to the Court of Criminal Appeal were dismissed.

In the course of its report, the board of inquiry made observations suggesting that investigations' be made as to whether certain other members might have been involved in breaches of the Police Regulations. A thorough investigation by senior officers was accordingly made at the direction of the Acting Chief Commissioner in respect of the following: - Superintendent F. G. Holland, Sergeant J. W. Flynn, Senior Constable R. H. Jackson, Senior Detective N. E. Murphy, and Senior Detective J. B. O'Brien.

In each case the Acting Chief Commissioner of Police, having reviewed the investigation, and with the advice of the legal assistant, decided that no grounds existed for the institution of charges against the member concerned.

Each file was submitted at my direction to the Solicitor-General, and in each case the Solicitor-General concurred in the decision made by the Acting Chief Commissioner of Police. No further action is, therefore, proposed in these five instances.

I am prepared to make these five files, and the opinion of the SolicitorGeneral thereon, available for perusal by the Leader of the Opposition and the' Leader of the Country Party if they.so desire.

Mr.. WILKES (Northcote).-By leave, I move-

That the report of the board of inquiry into allegations of corruption in the Police Force in connexion with illegal abortion practices in the State of Victoria be taken into consideration tomorrow.

Mr. HOLDING (Leader of the Opposition) .-1 wish to point out to the House' that the Opposition is desirous of proceeding with the debate on this report at an early date. We have given certain assurances to the Premier, who will introduce the Budget tomorrow and who will be desirous of having it debated before he goes overseas, which will mean that probably most of next week will be devoted to the Budget debate. Members of the Opposition will be seeking the assurance of the Government that at the earliest possible time the House will be permitted to debate fully the contents of this report.

Mr. HAMER (Chief Secretary).-I give the assurance that opportunity will be given for debate of this report at the earliest practical moment.



Mr. WILKES (Northcote).-By leave, 1 move-

That the report of the Royal Commission into the failure of the West Gate Bridge be taken into consideration tomorrow.


LEA VE OF ABSENCE. Mr. HAMER (Chief Secretary).-By

leave, 1 move-That leave of absence for one month, on

account of absence overseas, be granted to Sir Edgar Stephen Tanner, C.B.E., E.D., the honorable member for Caulfield.


THE SPEAKER.

TEMPORARY RELIEF IN CHAIR.

Mr. HAMER (Chief Secretary).-By leave, I move-

That, during any absence of Mr. Deputy Speaker, Mr. Speaker be authorized to call upon any of the Temporary Chairmen of Committees to temporarily relieve him in the chair, and that during any absence of Mr. Speaker, Mr. Deputy Speaker be similarly authorized to call upon any of the Temporary Chairmen.


Governor's Speech: [31 AUGUST, 1971.] Address-in-Reply. ' ,'; ,

GROUNDWATER (AMENDMENT) BILL.

Mr. DUNSTAN (Minister of Water Supply) .-In accordance with the usual practice and in order to preserve the privileges of this House, I move that I have leave to bring in a Bill to amend Parts III. and V. of the Groundwater Act 1969.


first time.


The SPEAKER (the Hon. Vernon Christie).-I wish to report that the House this day attended His Excellency the Governor in the Legislative Council Chamber, when His Excellency was pleased to make a Speech to both Houses of Parliament of which, for greater accuracy, I have obtained a copy. As the Speech is printed, and copies are in the hands of honorable members, it will not be necessary for me to read it. I call on the honorable member for Sandringham.

Mr. CRELLIN (Sandringham).-I move-

That the following Address-in-Reply to the Speech of His Excellency the Governor to both Houses of Parliament be agreed to by this House:-

MAY IT PLEASE YOUR EXCELLENCY:

We, the Legislative Assembly of Victoria in Parliament assembled, beg to express our loyalty to our Most Gracious Sovereign, and to thank Your Excellency for the gracious Speech which you have been pleased to address to Parliament.

I acknowledge the great honour and privilege that has been extended to me in being selected to move this motion. I wish to add a sincere expression of loyalty to Her Majesty, Queen Elizabeth II. on behalf of the residents of the electorate of Sandringham whom I have the honour to represent in this House.

In this rapidly-changing world with rapidly-changing standards I appredate this opportunity of again emphasizing some of the real values which have made this a good country

in which to live. The first value which comes to mind is loyalty-a rather rare quality in some bodies in Australia today. We speak of loyalty to our family, to our Sovereign and to the nation. This should be taught at an early age, although it disturbs me that certain persons in Victoria are querying whether the Monday morning practice of school children saluting the flag should be continued.

Tradition is another value which should be cherished, whether one belongs to a family of people or to a family of nations; we take great pride in our heritage and the traditions which form part and parcel of our everyday life. In some circles, it is popular to "knock" or disparage traditions, traditional customs and procedures. Therefore, it is particularly pleasing that today so many people were enabled to enjoy the traditional opening of Parliament. It is also pleasing that in Victoria we maintain the practice of holding a Queen's Birthday levee at which all citizens have an opportunity to express their personal loyalty to Her Majesty's representative in this State.

Mr. WILKES.-It is an anachronism.

Mr. CRELLIN.-It is to be regretted that more members of Her Majesty's Opposition do not attend that function.

Australia is often calJed the lucky country by people describing it in a materialistic sense. I prefer to call it the lucky country for another set of reasons. Australia was lucky in the first place to be settled by people from the British Isles.

MR. HOLDING.-What is wrong with the Irish?

The SPEAKER (the Hon. Vernon Christie).-Order! I remind honorable members that they are listening to the mover of the Address-in-Reply to the Governor's Speech and the honorable member's remarks should not be received in the present atmosphere.

44 Governor's Speech: [ASSEMBLY.] Address-in~ Reply.

Mr. CRELLIN.-I suggest that members of the Opposition and their Leader should listen and they will hear why I believe Australia is a lucky country. The British settlers brought with them many great freedoms; freedom of speech, freedom of the press and other media, freedom of thought .and freedom to form trade unions. They also brought with them the system of law and order that has stood the test of time, the system of Parliament and government which Sir Winston Churchill described as not perfect but the best so far devised by man.

The Governor referred to the inherent right to express opinions and to protest and that right is being used a lot tonight by members of the Opposition. His Excellency also said that this right must be reconciled with the rights of other people, the freedom of movement and protection from violence.

Mr. WILTON .-Like the protection that is being given to murderers and rapists who are moving around the community.

The SPEAKER.-Order! I have already invited members of the Opposition not to interject and to listen to the honorable member for Sandringham. I suggest to the honorable member for Broadmeadows that he cease interjecting.

Mr. WILToN.-The honorable member for Sandringham is prostituting the words in the Governor's Speech.

The SPEAKER.-Order! I have already spoken to the honorable member for Broadmeadows.

Mr. CRELLIN.-There is a good deal of loose talk among young people today concerning freedom. When we talk about freedom we must realize the difference between freedom and licence. To uphold true freedom, every member of the community from the youngest to the oldest must also shoulder his or her share of responsibility and self-discipline.

His Excellency referred to the significant contribution that is being made to the economy of rural Victoria by forestry activities. It is not generally known that since the development of Victorian oil reserves, timber and timber products are now the major import into Australia and their value is in excess of $200 million a year. Last week, with a number of honorable members, I was privileged to take part in a tour of projects being undertaken by the Forests Commission and commercial interests in the north-east of Victoria. I pay a tribute to the officers and staff of the Forests Commission for the efficient and dedicated manner in which they are carrying out their role in providing Victoria with first-class forest resources for the present and the future. I use the word " dedicated" in its true sense. Annual timber production in Victoria is valued at approximately $70 million a year. With new areas coming into production, this figure is bound to increase substantially.

The Forests Commission is responsible not only for undertaking forest activities but also for providing recreational facilities in its forest areas. Mount Buller is an excellent example of the job the commission is doing in providing recreational facilities for the people of Victoria. It has been described as the premier alpine resort in Australia and I believe this is fair comment. At Mount Buller accommodation is available for 3,700 people, which is double the amount available at any other alpine resort in Australia. It is truly an outstanding tourist resort providing world-class facilities. The total investment by the Government and by private enterprise is estimated at $7 million.

Mr. EDMUNDs.-Members of the Opposition have read the brochure.

Mr. CRELLIN.-I am pleased to learn that some other honorable members have received a copy of the brochure. Many thousands of people visited the resort last year.


Mr. EDMUNDs.-That is all right, Max, keep going.

The SPEAKER (the Hon. Vernon Christie ).-Order! The House will know that these light exchanges are out of place.

Mr. CRELLIN.-The timber industry in Victoria provides employment for 12,000 people, mostly in country areas, often remote and rugged. It uses basic raw materials and could be described as a truly decentralized industry. To be really effective any decentralized industry should use a large proportion of local raw materials and it should be capable of developing them to a further stage of production in the locality in which they are found. Timber qualifies on both counts and the timber industry is worthy of encouragement to help decentralization in Victoria and to improve Australia's balance of payments.

Even in the face of strong opposition and severe criticism in past years the Forests Commission has set aside large reserves. A considerable area of Victoria is now under reserve for forests and reafforestation projects. Victorians should be grateful for this because it is benefiting the State in two ways. On the one hand it is providing development and decentralization and on the other hand it is providing recreation facilities and areas for the preservation of flora and fauna.

I turn now to the field of transport. His Excellency referred to the improvements being made in the suburban rail network. Recently work started on the site of the first tunnel for the underground loop. That is evidence of the priority that the public transport system is receiving, and I believe it should receive this high priority. Melbourne is fortunate that it possesses an excellent electrified suburban rail network. This is another asset for which we should be thankful to our early planners and Melbourne is the envy of many larger cities in the world which are now realizing, often

too late, that fixed rail transport is the most efficient and speedy method of passenger transportation. To start from scratch and to provide a rail network equivalent to that available in Melbourne would cost an astronomical sum. It is therefore vital that this facility should be used properly. Again I stress the need for a concept of a balanced transportation system, embracing trams, trains, huses and private motor cars. Balanced transport means that all transport agencies are fully utilized to attain maximum efficiency and comfort for the travelling public. Much has been done in recent years to develop a freeway system in Melbourne which has been welcomed by road users.

It is now pleasing to see the Victorian Railways achieving a better recognition of its role. It is to be hoped that as the result of this better recognition a larger share of the over-all transport funds are allocated to this field for two main reasons: Firstly, to provide the best possible service for those obliged to use rail and tram services; and, secondly, to provide an attractive alternative to the private motor car and thus reduce the demand for expensive road space and parking facilities.

In addition there is a valuable bonus -one that is not always appreCiiated -in that electric trains and trams do not give off exhaust fumes and contaminate the atmosphere. An excellent example of the changeover from electric transportation to motor transportation can be seen in Brisbane, and in the particular aspect of pollution, the people in that city are regretting it. Motor cars do help to contaminate the atmosphere.

A most important piece of foreshadowed legislation announced today concerns oil pollution of the sea. As a representative of a seaside 'electorate, I have a particular interest in this matter. Victoria is the oil State of Australia, and will soon be providing 80 per cent of Australia's needs in this field. At this stage of industrial development, Victoria is in a unique position to

46 Governor's Speech: l ASSEMBL y, J Address-in-Reply,

take advantage of overseas knowledge and experience to combat maritime oil pollution. I look' forward to legislation being enacted on this matter and hope that it will provide the necessary protection to ensure that accidental spillage is minimized, and that in the event of either accidental or deliberate spillage, appropriate penalties to act as a real deterrent are available.

If such legislation receives the support of Parliament-I believe some members of the Opposition will support it-Victoria will provide an illustration to Australia and the world of its intention to keep itself free of such disasters as the sinking of the oil tanker Torrey Canyon off the English coast in 1967.

The foreshadowed legislation is designed to secure the well-being and security of the citizens of Victoria. Together with other honorable members, I am certain that this second session-as did the first session of the Forty-fifth Parliament -will result in the enactment of much legislation that will be welcomed by all sections of the community.

Mr. BURGIN (Polwarth).-I am pleased to have the honour of seconding the motion for the adoption of an Address-in-Reply to the Speech of His Execellency the Governor. I consider it to be an honour not only

· to myself but to the people of my · electorate. I fully endorse the sentiments and statements that have

· been expressed by the honorable member for Sandringham. I compliment His Excellency, Sir Rohan Delacombe, and Lady Delacombe on the manner in which they have carried out their duties in Victoria. Wherever I have travelled, I have heard wonderful and warming comments from the people of Victoria on the graceful manner in which Sir Rohan and Lady Delacombe have performed their dut,ies.

In these days when life s·eems to be so hectic, when the people are continuaUy asking for change and when

there always seems to be some unrest in the community, it is well for everyone to ston occasionally and think what the Monarchy has meant to our wonderful country. Over the years, it has been the anchor point for our community, and it will continue to be so for many years to come.

When our forefathers came to Australia it seemed to them to be a harsh land, but they built it into the wonderful country we know today. The traditions of the Monarchy and the Commonwealth of Nations have stood Australia well over the years and will certainly continue to do so in the future. His Excellency mentioned many important facets of legislation that has been enacted, such as the Environment Protection Authority and the Land Conservation Council. Those two authorities have commenced work which, in the near future, will give a new type of living to Victorians. They have provided the ground work, and the actions they have taken and will take will give the people of Victoria relaxation in the types of environment and antipollution areas that they require, although I think that this will be rather tough. They will provide recreation areas, parks and all manner of places where people can enjoy themselves.

It is strange that the majority of the population seems to wish to live close together in the city and yet, at the same time, wants to get out into the country to enjoy fresh, clean air. I do not know how far any conservation council or environment protection authority can regulate those two wishes of people in the metropolitan area. I believe the machinery has been provided to enable the two authorities in question to do much to further the enjoyment of the people of Victoria. .

His Excellency has stressed the economic problems of our rural community that the Government faces at present. It is weB to consider these matters so that we can be sure everynne understands the problems 'whi:ch

Governor's. Speech: [31 AUGUST, ,1971.] Address-in-Reply. 47

are facing our rural communities. The first problem is that prhnary production, especially the wool industry, is working on 1971 costs but is receiving only 1946 prices. The situation is as simple as that.

Over the years our rural industries have kept up with rising cost~ by becoming more and more efficIent. At this stage I would say that the Australian farmer, and especially the Victorian farmer, is producing more per man-hour than his counterpart in any other country in the world. Our farmers are a very efficient breed. In some cases they have been able to increase production three and four-fold in a given area of land. To do this, of course, the farming community was advised from a number of sources to borrow money, and they did so. At the same time their profit was progressively falling because of a gradual and sometimes alarming rise in costs through the demands of workers and other sections of the community.

The situation which I have outlined was greatly accentuated by the 1968 drought which put the rural industry further into debt. A farm cannot be run on peanuts today. At this stage the rural community has accumulated debts totalling some $2,200 million. When this debt of the farming community is apportioned throughout the various farms it means that the farmers are paying out approximately a living in interest. This position has been reached because of the outside influence of prices received on the world market. It is the policy of every Government to obtain cheap food for its people. Because of these pqlicies outside Au~tralia and !he costs inside AustralIa, a proportIon of the farming comt,nunity is in real trouble.

I have heard it asserted on many occasions verbally and I have read '~:n the' press that these farmers are nohopers anyway, that they are bad managers. That is not so. there is direct . evidence that some of the best

managers in the State, the most progressive farmers, are in as much trouble as it was thought small farmers were. Now we know that it is not only the small farmers who are in trouble. Farmers with average sized properties, big farmers, and big graziers are in difficulties. If a man is growing wool today it does not matter in how big a way he is. If each pound of wool is being grown at a 'loss, the bigger one is the faster one goes down. There are facts to support this assertion. This problem of finance exists right through the rural communities, especially in the woolgrowing areas. Two other factors have been very damaging to rural producers and have added to their burden. One was that Australia decided not to devalue its currency when the British pound was devalued. I believe this was the right decision for Australia to take for the betterment of the whole community, but for the wool producers and meat producers it was an extra load to carry. They received no compensation for this.

The other factor which has been damaging to the farming community has been the policy of tariff protection for secondary industries, the effect of which has grown enormously in this State. I was hopeful that through the new Leader of the Country Party in the Federal sphere a change of thinking might occur in this field, but' the latest indication from the shirt manufacturing case shows that we may have to wait a little longer.

At this stage plans for dairy farm reconstruction, rural reconstruction and farm amalgamation have been implemented. There is also a wool deficiency scheme which provides a guaranteed price of 36 cents a pound for wool. After today I should not like to comment on how much this might cost the Federal Government, but I want to make it perfectly clear that under the rural reconstruction scheme this is 'no hand-'out to the farmer. 'The' farmer is expe'cted to pay back every' cent that is loa'ned

48 Governor's Speech: [ASSEMBLY. ] Address-in-Reply.

to him under a rural reconstruction scheme. This is a financial arrangement to help the farmer who is in trouble, but it will remove only a core of about 15 per cent out of the middle of the problem. It will leave a group of farmers just above this 15 per cent group paying high rates of interest. What will happen to them? In another two years when they cannot pay the high rates of interest will they slide down the hill to the group which is being helped or will we get to the stage where we cannot help enough people? To enable the rural reconstruction and dairy farm reconstruction schemes to work some form of rural loan insurance must be provided whereby long term loans at low interest rates are guaranteed.

Mr. GINIFER.-What rate of interest would you recommend?

Mr. BURGIN.-I am not recommending any rate of interest. I say that it should be low, because it is so important. Everything that is done in the rural field by Governments today should be aimed at cutting down the over-all accumulated debt which the farming community is bearing.

So far I have been discussing problems which are mainly within the Federal sphere, and I know that my colleagues are exerting their utmost pressure to try to get this type of thinking through to the Federal Government. I now turn to consider what the State Government has done for the rural community. It has abolished land tax in country areas, it has greatly reduced probate duties on stock and plant and it has afforded relief to shires in connection with payroll tax and various other forms of taxation. The Government has done a good deal in the way of assistance, but I think there are other ways in which it can act in an attempt to overcome the difficult position which exists.

Employment figures do not yet show it, but in country areas-particularly wool-growing areas-the

number of unemployed persons has increased. This is occurring because, owing to lack of finance, work is not being done and men are being put off the stations. Unemployment figures do not reveal this, because many .of these hard-working bushmen are coming to the city to find employment. Heaven help some city workers when all these bushmen come down here! They may step into some of the jobs at present held by city workers.

Everybody should think hard about this problem. I think that, through the Country Roads Board, the Public \Vorks Department and the State Rivers and Water Supply Commission, the Government's policy should be directed to the creation of work in areas where there is an employment problem.

Recently suggestions have been made by various councils that the Government should consider the use of pay-roll tax relief for secondary industries in specified country areas. This suggestion has some merit, and I am sure the Government will examine it carefully, but I feel that it will fail in the same way as other concessions unless we can convince the Federal Government that it should give the same telephone concessions to businesses in country areas as it does in the city. It is one of the biggest debts that a manufacturer in the country incurs, and it represents his biggest loss of profit.

His Excellency also mentioned that forestry could play an active part in the rural economy, and the honorable member for Sandringham had much to say about this. I should like to talk about it from a slightly different point of view. I was fortunate enough to be on the tour with some 40 honorable members, and I think that many more members of Parliament should have been present. In particular, I learnt three things. The trip confirmed my assessment of the calibre of forestry officers in my area and, indeed, throughout the whole State. It is obvious that we

Governor's Speech: [31 AUGUST, 1971.] Address-in-Reply. ·49

have a new breed of forestry officers within Victoria, and that by any standard they are AI. As well as being forestry officers, they are now conservationists, and I am quite sure that we can safely leave the management of our forests and of conservation in the forestry officers' hands. I must add that during the trip I saw some very beautiful countryso beautiful that it is second only to my own Otway area. I was also very pleased during that trip to hear the Minister of Forests say, as he has also said in the House today in reply to a question, that last June he put to the Federal forestry group the point that forestry could mean a great deal in the concept of rural reconstruction. In my electorate there are areas of hill country which could profitably be diverted from farm production to forestry. Some of this land can be purchased at a lower price than that which is being paid for the clearing of land for pine planting.

I do not suggest that we should stop clearing scrub land, but I think we should endeavour in every way to allow the Forests Commission to be another buyer of this type of land from any farmer who wishes to sell it. It would strengthen the market for the farmer who wished to sell and it would take the land out of primary production. Having regard to current economic conditions, it is land which should not be in primary production. As forest, it would be of great benefit to Victoria in the future.

I t is well for everybody to know the proportions of our softwood and hardwood milling. Many people do not understand what is being done with softwoods; they do not understand that three times as much softwood can be produced from a given acreage. A total of 60 million super feet of softwood is milled each year compared with 430 million super feet of hardwood. There are twenty softwood mills in the State compared with 400 hardwood mills~ so we can

go a long way with the planting of softwoods and still keep our environment in good balance.

In relating forestry, rural reconstruction and decentralization I wish to read from a booklet issued by the Forests Commission a short passage in connection with the Koetong plantation to illustrate to members the part that forestry can play in decentralization in Victoria. It is as follows:-

At the present time that area has a labour force of 40 men. It is anticipated under the methods we use today that by the year 2000 that area will be employing 1,200 men.

These forestry areas are strategically placed throughout Victoria. While we keep in our country areas the whole of our manufacturing of forestry products right through to the finished article we shall have a wonderful asset in this State and a wonderful chance of providing employment in country districts.

In conclusion, I ask honorable members to join with the honorable member for Sandringham and myself in extending a message of loyalty to Her Majesty, Queen Elizabeth II. and thanks to His Excellency, Sir Rohan Delacombe, for delivering his Speech today.

On the motion of Mr. WILKES (Northcote), the debate was adjourned.

It was ordered that the debate be adjourned until next day.

COMMITTEE OF PUBLIC ACCOUNTS.

Sir HENRY BOLTE (Premier and Treasurer) .-By leave, I move-

That Mr. Doube, Mr. Lind, Mr. R. S. L. McDonald, Mr. McLaren, Mr. Reese, Mr. Trezise, and Mr. Wheeler be members of the Committee of Public Accounts and that the committee have power to send for persons, papers, and records, to move from place to place. and to sit on days on which the House does not meet; three to be the quorum.


so . Printing Committee. [ASSEMBL Y.] Standing Orders Committee .

. STATUTE LAW REVISION COMMITTEE.


That Mr. Doyle, Mr. Edmunds, Mr. A. T. Evans, Mr. Lovegrove, Mr. Au rei Smith, and Mr. Whiting be members of the Statute Law Revision Committee; and that the committee have power to send for persons, papers and records.


SUBORDINATE LEGISLATION COMMITTEE.


That Mr. Birrell, Mr. A. W. Taylor, and Mr. Turnbull be members of the Subordinate Legislation Committee; and that the committee have power to send for persons, papers and records.


HOUSE COMMITTTEE. Sir HENRY BOLTE (Premier and

Treasurer) .-By leave, I move-That Mr. Bornstein, Mr. Doube, Mr. B. J.

Evans, Mr. McLaren, and Mr. Mitchell be members of the House Committee; and that the committee have leave to sit on days on which the House does not meet.


LIBRARY COMMITTEE. Sir HENRY BOLTE (Premier and

Treasurer) .-By leave, I move-That Mr. Speaker, Mr. Doyle, Mr. Ed

munds, Mrs. Gobl'e, and Mr. Mitchell be members of the Library Committee; and that the committee have leave to sit on days on which the House does' not meet.


PRINTING COMMITTEE. Sir HENRY BOLTE (Premier and

Treasurer) .-By leave, I move-That Mr. Speaker, Mr. Broad, Mr. Cur

now, Mr. W. J. Lewis, Mr. J. D. MacDonald, Mr. Stephen, Mr. Stokes,. and Mr.' Whiting be members of the Printing Committee; and that the committee have leave to sit on days on which the House does not meet; three to be the quorum.


STANDING ORDERS COMMIITEE.


That Mr. Speaker, Mr. Holding, Mr. Manson, Mr. Ross-Edwards, Mr. A. W. Taylor, Mr. Whiting, and Mr. Wilkes be members of the Standing Orders Committee; and that the committee have leave to sit On days on which the House does not meet; five to be the quorum.


COMMITTEES OF SUPPLY AND WAYS AND MEANS

Sir HENRY BOLTE (Premier and Treasurer), by leave, moved the following motions, which were agreed to:-

That Standing Order No. 273A be suspended 'So as to allow the Committees of Supply and Ways and Means to be appointed this day.

That this House will, this day, resolve itself into a Committee to consider of the Supply to be granted to Her Majesty.

That this House will, this day, resolve itself into a Committee to consider of the Ways and Means for raising the Supply to be granted to Her Majesty.

COMMONWEALTH PLACES (ADMINISTRATION OF LAWS)

BILL. Mr. REID (Attorney-General), by

leave, moved for leave to bring in a Bill to amend the Commonwealth Places (Administration of Laws) Act 1970.



POLICE REGULATION (CHIEF COMMISSIONER) BILL.

Mr. HAMER (Chief Secretary), by leave, moved for leave to bring in a Bill to declare the office of Chief Commissioner of Police to be vacant, to make provision with respect to the appointment of a Chief Commissioner of Police and for other purposes.


The Bill was brought in and read a first time.' ..

Supplementary Estimates [31 AUGUST, 197L] for 1970-71. 51

SUPPLEMENTARY ESTIMATES FOR 1970-71.

Sir HENRY BOLTE (Premier and Treasurer) presented a message from His Excellency the Governor transmitting Supplementary Estimates of Expenditure for the year 1970-71, and recommending an appropriation from the Consolidated Fund accordingly.

The House went into Committee of Supply.

Sir HENRY BOLTE (Premier and Treasurer) .-1 move-

That a sum not exceeding $8,971,423 be granted to Her Majesty on account for or towards defraying services for the year 1970-71, as printed in the Supplementary Estimates.

Honorable members are aware that last year no appropriation was made for Commonwealth pay-roll tax. This House endorsed the action of the Government, but it was stated that if the High Court decided against Victoria, this State would have to honour its obligation. I gave my word to the Federal Treasurer of the day that if Victoria's challenge were rejected, rather than have the Commonwealth make a deduction from our tax reimbursement grant-a procedure which 1 consider would have been an insult to this State-I, not as the Premier, but as representing this Parliament, would take the earliest opportunity of paying the amount involved. Goodness knows how the High Court arrived at its decision, but we lost the case.

I am now taking the earliest opportunity of asking Parliament to appropriate the sum in question for payment to the Commonwealth. The Government was prudent enough to provide for the money in last year's accounts. I give an assurance to honorable members that it does not come out of this year's accounting. There will be further Supplementary Estimates, the Budget, Budget Bills and Supply, and in no way do I wish to restrict debate on these matters. However, I suggest to the Leader of the Opposition and the .... Leader of the Country Party that in the interests

of the good name of this Parliament this motion should be passed immediately and that any further debate should be conducted when the other measures are under consideration.

Mr. HOLDING (Leader of the Opposition) .-Last night, the Premier mentioned to me his intentions in this matter. When the legal challenge was made the Opposition believed it had been properly brought. 1 suppose the Government cannot win them all, but it would have been nice to have won this challenge. Now that the case has been fought and lost, no course is open to the Government other than tha t suggested by the Premier. The Opposition will want to say much about the State Government's relationships with the Commonwealth, but ample opportunity will be provided in the next few days for this to be done, so we shall reserve our ammunition until then.


The resolution was reported to the House and adopted.

WAYS AND MEANS. The House went into Committee of

Ways and Means.

Sir HENRY DOL TE (Premier and Treasurer) .-1 move-

That, towards making good the Supply granted to Her Majesty for the service of the year 1970-71, the sum of $8,971,423 be granted out of the Consolidated Fund of Victoria.

Mr. CLAREY (Melbourne).-I was unaware that this matter would be dealt with this evening. However, in view of my long stand in Parliament for the right of Victoria to challenge the validity of Commonwealth payroll tax and as this will be my last term as a member of Parliament, I might be misunderstood if 1 did not say that I fully appreciate the attitude of the Premier in challenging the validity of this tax. As a layman, I expressed the opinion over the years that this tax was a violation of section 114 of the Commonwealth Constitution. I was absolutely amazed at the decision of the High Court that the

52 Magistrates' [ASSEMBLY.l Courts Bill.

Federal Government could tell a State Government, a partner in the government of the country, that it intended to take some of its revenues, and to charge some of the State's expenditure to Commonwealth purposes.

In the present circumstances, there is no alternative other than to accept this decision, but as one who, from his first Budget speech in this Chamber, asked the Government to challenge the validity of Commonwealth pay-roll tax, I compliment the Government upon taking the necessary action and I regret that it was defeated.

The motion was agreed to, and the resolution was reported to the House and adopted.

SUPPLY (SUPPLEMENTARY ESTIMATES) (No.2) BILL.

Leave was given to Sir Henry Bolte (Premier and Treasurer) and Mr. Hamer (Chief Secretary) to bring in a Bill to carry out the resolution of the Committee of Ways and Means.

Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to apply out of the Consolidated Fund the sum of $8,971,423 to the service of the year 1970-71, and moved that it be read a first time.

The motion was agreed to, and the Bill was read a first time, and passed through its remaining stages.

MAGISTRATES' COURTS BILL. Mr. REID (Attorney-General) pre

sented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purposes of a Bill with respect to the holding and constitution of Magistrates' Courts the appointment powers duties and protection of stipendiary magistrates justices and clerks of Magistrates' Courts and for other purposes.

A resolution in accordance with the recommendation was passed in Committee and adopted by the House.

On the motion of Mr. REID (Attorney-General) , the Bill was brought in and read a first time.

Mr. REID (Attorney-General) .I move-


Prior to 1915, the law relating to the courts then known as Courts of Petty Sessions was to be found in a number of Acts of Parliament, which were consolidated in the Justices Act of that year. The enactment, in a single measure, of the whole of the law relating to justices and Courts of Petty Sessions had the benefits of certainty and ease of reference, and the form of the 1915 Act was retained in the consolidation of 1958, of which the Justices Act 1958 formed part.

Since 1915, there has been no overall examination of the Justices Act, although many amendments have been made and, as honorable members are aware, the Statute Law Revision Committee has reported on particular aspects of the Act. In recent years, the form and content of the Act has been examined and it is clear that there is a need to revise it. During the course of an investigation of administration of justice in the courts, a committee under the chairmanship of Mr. Justice Smith made a general recommendation that the Act be redrafted in modern terms and rearranged to facilitate the location of specific provisions.

The Government accepted this recommendation but took the view that, before attempting to redraft and rearrange the Act, necessary amendments of substantive provisions should first be made within the existing framework of the Act. For this purpose a committee was appointed in 1965 to consider the revision of the Act in relation to a variety of particular matters.

This committee, under the chairmanship of Mr. J. Moloney, Deputy Chief Stipendiary Magistrate, completed its task in December, 1967. Most of its recommendations have

Magistrates' [31 AUGUST, 1971.] Courts Bill. 53

been implemented and those which are outstanding were the subject of the most recent report of the Statute Law Revision Committee upon provisions of the Justices Act.

The Magistrates' Courts Bill is the first of a series of Bills to effect a complete revision of the Justices Act. Because the Act has become large and complex, it is proposed that it should be divided into a series of enactments, each dealing with different aspects of the provisions of the Justices Act. Subject to passage of the present Bill, the provisions which remain to be dealt with affect jurisdiction, procedure and appeals.

It is not at present clear whether it is necessary or desirable to have separate enactments for civil and criminal matters respectively, but it is expected that a decision will be made in the near future and appropriate legislation introduced next year. Under the procedures adopted in Victoria for the reprinting of Acts, the proposal to establish a series of Acts containing provisions in respect of Magistrates Courts will provide legal practitioners and other interested persons with the most recent law applicable to a particular statute on a continuing basis.

In essence, the Magistrates' Courts Bill enacts those provisions of the Justices Act 1958 which relate to the holding and constitution of Magistrates Courts, the appointment and registration of justices of the peace, the appointment, duties and powers of clerks of the Magistrates Courts, the protection of justices and officers, contempt, the prohibition of young persons from attending hearings and the prohibition of publication of reports of proceedings.

Accompanying the Bill is a table indicating the provisions of the Justices Act 1958 which are comparable with the clauses of the Bill. For the sake of brevity I shall refer to the Justices Act 1958 as the 1958 Act. In many instances the amendments of the existing provisions

consist only of minor variations of expression to suit the context of the Bill. In these circumstances I propose to comment only on those clauses of the Bill which have no equivalent in the 1958 Act or which contain substantial amendments.

As honorable members will appre·· ciate, where the comparative table uses the expression "No change" the provision in the Bill is identical with its counterpart in the 1958 Act. Where the expression" No substantive change" is used, the provision in the Bill differs from the existing provision only be reason of minor changes of language.

I shall therefore comment on a number of clauses of the Bill. Clause 1 contains the usual provisions in respect of short title, commencement and division. Clause 2 provides for repeal or amendment of provisions of the 1958 Act consequential upon the enactment of the provisions in the Bill, and also contains the usual saving provision. Clause 3 is the interpretation clause. It defines "clerk" in language similar to that of the 1958 Act and, for convenience, provides definitions of the words cc court", " rules" and "secretary".

Clause 4, which deals with the appointment of places for the holding of Magistrates Courts, differs from section 64 of the 1958 Act in the following respects:-

(a) Sub-clause (2) of clause 4 is a new provision. It is designed to ensure that, where there has been an alteration in the days or hours when a court is held and there is process made returnable on a day or at an hour fixed for the holding of the court before the alteration, the process can be preserved by adjourning the hearing to an appropriate time.

(b) Sub-clause (3) of clause 4 is similar to sub-section (2) of section 64 of the 1958 Act but the words or with the consent of the parties and upon the direction of a stipendiary magistrate at any other time or place

54 Magistrates' . [ASSEMBLY.] Courts Bill.

at the end of the sub-clause have been added to the existing provision. The purpose of the addition is to enable business at a court to be disposed of speedily, particularly where there are a number of matters to be determined by a stipendiary magistrate sitting alone and a stipendiary magistrate at some other place can be made available.

Clause 5 enables the Governor in Council to revoke the appointment of any place for holding a Magistrates Court, and sub-clauses (1) and (2) are identical in effect with section 65 of the 1958 Act. Sub-clause (3), however, is a new provision. It is intended to overcome the difficulty that process transferred from a closed court to a new court may be returnable on a day which is not a court day at the new court. The subclause, therefore, provides for the proceedings to be heard on the next court day at the new court after the day originally fixed.

Clauses 7, 8 and 9, which deal with the appointment of stipendiary magistrates and related matters, are new provisions. Clause 7 gives statutory recognition to practices which have been adopted for many years. Appointments of a Chief Stipendiary Magistrate, Deputy Chief Stipendiary Magistrate and other stipendiary magistrates have been made pursuant to the Public Service Act 1958 or corresponding previous legislation and, indeed, it is clear that the power to appoint magistrates is inherent in the Government in providing for the administration of the State-see Ex parte Hargreaves (1869) 1 A.J.R. 23.

However, it seems desirable that the existing practice should be the subject of an express provision in the legislation which provides for the establishment of Magistrates Courts. At. the same time the opportunity has been taken of providing for stipendiary magistrates to take the oaths set out in Schedule Two to the Bill. This again is a practice which has been adopted for many years, but since the enactment of section 51

Mr. Reid.

of the Public Service Act 1946 there has not been a clear statutory requirement in that regard. It is desirable. therefore, that the matter be put beyond doubt.

Clause 8 provides for the payment to the Chief Stipendiary Magistrate of an annual allowance of $300 in addition to any remuneration to which he is entitled under the Public Service Act. The Government recognizes that, in common with the holders of certain other judicial offices, the Chief Stipendiary Magistrate will incur expenses which by their nature are difficult to meet by direct reimbursement, and it is proposed to overcome the problem by means of an annual allowance.

Clause 9 is administrative and is designed to enable the best use to be made of the services of stipendiary magistrates. The clause enables the Attorney-General to assign duties to magistrates, but it is envisaged that in practice this will be done by the Chief Stipendiary Magistrate pursuant to the power of delegation provided for in this clause.

Clause 27 repeats, with one omission, the provisions of sub-sections (2)' and (3) of section 87 of the 1958 Act in relation to deputy clerks of certain Magistrates Courts. The difference between the existing and proposed provisions is that sub-clause (2) of clause 27 omits the words "and shall carry out such of the duties of that clerk as that clerk from time to time in writing directs".

The existing requirement of a written direction is not considered to be necessary, and in any event a deputy clerk is not apPOinted in practice unless he is capable of performing all the duties of the clerk satisfactorily. As the present provision stands, in the event of a written direction not clearly specifying a duty in fact performed by the deputy clerk, doubt could arise as to the validity of the action of the deputy. For these reasons it is considered that the words referred to should be omitted.

Magistrates' [31 AUGUST, 1971.] Courts Bill. 55

Clause 46 replaces the provisions contained in sections 211 and 212 of the 1958 Act in relation to contempt, and follow in substance the provisions of sections 54 and 54A of the County Court Act 1958, as inserted by the County Court (Jurisdiction) Act 1971. The latter provisions have been modified to suit the jurisdiction exercised by Magistrates Courts.

Sub-clauses (1) to (4) of the clause reproduce the provisions of section 211 of the 1958 Act, together with additional provisions based on the County Court (Jurisdiction) Act 1971. Sub-clause (5) is identical with section 212 of the 1958 Act, and sub-clause (6) is a new interpretation provision consequential upon changes of expression used in the clause.

Clause 47 re-enacts, with amendments, the provisions of section 213 of the' 1958 Act. Amongst other things the existing provision empowers a court to order any woman or any person, whether male or female, under the age of 21 years to leave the court. Clause 47, however, substitutes a power for a court to order any person under the age of 18 years to leave the court. The omission of reference to women removes an apparent discrimination against women and the reduction of the age of 21 years to 18 years is consistent with general trends in the law relating to infants.

Schedule One provides for the substitution of a new provision for section 4 of the Coroners Act 1958. Sub-section (1) of the new provision gives statutory recognition to the practice adopted for many years of appointing each stipendiary magistrate as a coroner, and will obviate the need for a separate appointment by the Governor in Council. Subsections (2) and (3) of the new provision re-enact section 4 of the Coroners Act 1958 with amendments consequential upon the new subsection (1).

The, schedule also provides for the repeal of provisions of the Justices Act 1958 which will be . replaced by

the provisions of the Bill, and for the amendment of section 5 of the 1958 Acts to take into account any rules made under the powers conferred by clause 49 of the Bill.

As I have already indicated, the Bill is the first of a series to effect a complete revision of the 1958 Act. I believe the division of the existing provisions into separate enactments will be of considerable benefit to the courts, the legal profession and other interested persons. I commend the Bill to the House.

On the motion of Mr. LOVEGROVE (Sunshine) , the debate was adjourned.


JURIES (COMPENSATION) BILL. Mr. REID (Attorney-General) pre

sented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purposes of a Bill to amend the rate of compensation of jurors and the fees for civil jurors under the Juries Act.


On the motion of Mr. REID (Attorney-General) , the Bill was brought in and read a first time.


That this Bill be now read a s€:cond time. Its purpose is to adjust the basic rate of payment to jurors and to make consequential amendments of the fees payable in respect of civil jury actions. The present daily rate of payment to jurors for service up to six days, namely, $6, was fixed in December, 1967, and it is appropriate to increase that rate by 25 per cent to $7.50. The proportional increase is slightly greater than the 23.6 per cent increase in the minimum wage rate between December,

S6 Police Regulation [ASSEMBLY.] (Chief Commissioner) Bill.

1967, and June, 1971. It is not, however, proposed to increase the rate of $12 a day for service beyond six days.

As appears from clause 1 of the Bill, the increase will operat~ from 1st January, 1972, and clause 2 effects the necessary amendment of Schedule 8 to the Juries Act 1967. Having regard to the amendment of Schedule 8, clause 3 of the Bin contains consequential amendments of sections 15 and 16 of the Act in relation to fees paid by a civil litigant who desires an action to be tried by a judge and jury.

I commend the Bill to the House.



LANDS TRIBUNAL BILL. Mr. REID (Attorney-General)

presented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for th~ purposes of a Bill to provide for the constitution of a Lands Tribunal and to define the jurisdiction powers and procedure of the tribunal and for other purposes.


On the motion of Mr. REID (Attorney-General), the Bill was brought in and read a first time.


Mr. HAMER (Chief Secretary).I move--

TIt'at this Bill be now read a second time.

The purpose of this short Bill is to facilitate the appointment of a new Chief Commissioner of Police, an

appointment which has became necessary because of the ill health of Mr. Noel Wilby, M.V.O., Q.P.M.

Mr. Wilby was appointed to the position of Chief Commissioner on 1st February, 1969, since when he has discharged the duties of the position with distinction. I am sure that all honorable members will have learnt with regret that because of ill health Mr. Wilby will be unable to continue in his office of Chief Commissioner.

Under the present law there can be only one incumbent of the office of Chief Commissioner and subject to earlier retirement on the ground of ill health or the submission of his resignation he is entitled to remain in office until he attains the age of 65 years. According to the established practices and usages relating to the office of Chief Commissioner, Mr. Wilby is entitled to sick leave and recreational leave benefits which would enable him to continue in the force until 24th January, 1973. At present this poses particular problems for the Victoria Police Force in that it would be under the control of an Acting Chief Commissioner for the next sixteen months or so, a period during which considerable changes will be taking place in the organization and administration of the force. particularly as a result of the report of Colonel Sir Eric St. Johnston.

The changes which are and will be taking place during the next year or so will have a tremendous influence on the stability and increased efficiency of the force for many years to come. In the opinion of the Government it is essential that the person who is to be appointed Chief Commissioner of Police should be associated with these developments as soon as practicable. Mr. Wilby supports this view and the enabling Bill to which I will now refer is acceptable to him.

This Bill declares the office of Chief Commissioner held by Mr. Wilby to be vacant from the passing of the Act. This will enable the new Chief

Groundwater [31 AUGUST, 1971.] (Amendment) Bill. 57

Commissioner to be appointed with the minimum possible delay. The Bill also preserves the rights of Mr. Wilby to any emoluments, leave or superannuation rights and benefits which may have accrued to him before the date of his normal retirement on 24th January, 1973. He win also be subject to any obligations under the Superannuation Act which would have been imposed on him had he retired on that date. These rights, benefits and obligations will accrue to Mr. Wilby as if the measure had not been enacted.

In recent years it has become increasingly obvious to the Govern .. ment that the person holding the office of Chief Commissioner is subject to such mental and physical pressures that it is desirable that he should be appointed to the office for periods not exceeding five years rather than to the age of 65 as at present. Such short periods of appointment would react to the benefit of the Chief Commissioner, the Government and the Police Force in general.

Accordingly the Bill enables the Governor in Council to appoint future Chief Commissioners for periods not exceeding five years subject to retirement at age 65. I commend the Bill to the House.




Mr. DUNSTAN (Minister of Water Supply) .-1 move-


Its purpose is to provide for three basic amendments to the principal Act. Two of the measures are essentially machinery in that they will improve the administration of the Act. One deals with the issue of licences' for groups of bores, and the other

provides uniformity for periods of notification of appeals. The third and most important provision of the Bill is fundamental. It will protect the rights of landholders by ensuring that they can appeal against the intention of the State Rivers and Water Supply Commission to refuse to issue a groundwater licence in respect of a bore or group of bores which are the subject of an application for a bore construction permit.

Section 21 of the Groundwater Act 1969 provides that where an application is made to the Mines Department for a construction permit for a new bore to be used for the extraction of groundwater for other than domestic and stock use, it shall refer the application to the State Rivers and Water Supply Commission. The commission is then required to notify the Minister of Mines of the conditions it will attach to a licence issued for the extraction of water from that bore or of its objection to the approval of the permit application. Under the proposed amendment to clause 21 there is more specific provision for the commission to notify the Minister of Mines, and through him the applicant, of its intention to refuse a licence.

As the Act now stands, the applicant has under section 22 the right of appeal to the Groundwater Appeal Board against the conditions the commission may propose to include in a licence, but has no such right if the commission notifies its intention to refuse the issue of a licence. I commend the honorable member for Gippsland West for bringing this matter to the attention of the House earlier this year.

The commission, in compliance with the present provisions of the Act, grants groundwater licences for the extraction of water for other than domestic and stock use on the basis of one licence for each separate bore as defined for the purposes of the Act. However, under the regulations, where there are a number of bores

58 Groundwater [ASSEMBLY.] (Amendment) Bill.

on a property, the application fee of $15 and annual charge of $10 are payable only in respect of the first bore.

On many properties a number of individual bores may comprise a single extraction system connected to, and discharging through, a common outlet. In such circumstances, it would appear unreasonable for separate licences to be issued for each separate bore within the extraction system, particularly when on some irrigation properties as many as ten bores may be involved. When these complexes are discharging through a common outlet there is also the additional problem of assessing the rate of extraction from individual bores as required under the Act and the conditions attached to each licence.

It is therefore proposed that the Act be amended to provide that a group of individual bores which extract groundwater by means of a single system and discharge it through a common outlet shall be regarded as one bore for the purposes of the licensing provisions of the Act. The amendments now proposed under clauses 4 to 8 and clause 10 have been drawn to achieve this aim. It is pointed out that sections 21 and 22, referred to under clauses 2 and 3, have been similarly amended for this purpose.

The Bill has been drawn to amend all those sections of the Act relating to licensing provisions only rather than amend the definition of "bore" set out in section 2. The definition of bore has implications for the Act as a whole, including the provisions for the construction and maintenance of bores and other provisions which are the responsibility of the Minister of Mines. It would not be practical or appropriate to extend the proposed amendments to these areas.

Clause 9 is a machinery amendment to bring the provisions of sub-section (2) of section 63 into line with sections 22 and 55. While sections 22 and 55 provide for a 30-day period

Mr. Dunstan.

in which to appeal "against the matters referred to, sub-section (2) of section 63 refers to a notification and" appeal period of one month. The pro"posed amendments to sub-section (2) of section 63 will provide for a 3D-day notification and appeal period and so bring this section into line with sections 22 and 55. I commend the Bill to the House.

On the motion of Mr. FLOYD (Williamstown) , the debate was adjourned.


COMMONWEALTH PLACES (ADMINISTRA TION OF LAWS)

BILL. Mr. REID (Attorney-General).-

I move-That this Bill be now read a second time.

Honorable members will recall the consideration of the Commonwealth Places (Administration of Laws) Act 1970 by this House in the spring sessional period last year. At that time it was clearly stated that the view of the Victorian Go~emment was that the scheme proposed by the legislation to overcome the practical difficulties flowing from the judgment of the High Court in Worthing v. Rowell and Ors. was by no means a perfect solution, and that it is the view of all State Attorneys-General that the matter could be satisfactorily dealt with only by a constitutional amendment. So that the matter of the legislation could be kept under review by the Parliament~ the Act was expressed to remain in force only until 31st December, 1971.

Up to the present time the legislation seems to have worked reasonably well, although it has not been the subject of any deep consideratiion by any superior court. One minor problem has come under notice in that the present State legislation does not allow the Governor to agree to

. the conferring on State judicial officers of powers of an administrative nature, 'even if they are bestowed

Lands Tribunal [31 AUGUST, 1971.] Bill. 59

upon them as personae designatae and not as a court. The BBI seeks to overcome this difficulty by the amendment of sub-section (1) of section 4 of the Act by paragraph (a) of clause 2.

The other matter dealt with by the Bill is the period of operation of the Act. It is proposed to extend the operation of the Act to 31st December, 1974. This three-year extension was agreed upon by all AttomeysGeneral at their last meeting in Melbourne, as it was felt that it would take at least three years to make any proper assessment of the effectiveness of the legislation and of the need for a constitutional referendum.

The whole question of law in Commonwealth places is, of course, one which would inevitably be discussed by the constitutional convention which this House has resolved should be held. There is considerable support throughout Australia for the motions passed in both Houses of this Parliament, and I am confident that in the near future a constitutional convention will be convened. I hope that before this legislation expires a permanent and satisfactory solution of the problem of law in Commonwealth -places will be found. I commend the Bill to the House.

On the motion of Mr. EDMUNDS (Moonee Ponds), the debate was

adjourned.

It was ordered that the debate be adjourned unttil Tuesday, September 14.

LANDS TRIBUNAL BILL. Mr. REID (Attorney-General).-


As the long title of the Bill indicates, its main purpose is to provide for the establishment of a Lands Tribunal and to define the jurisdiction, powers and procedure of the tribunal. The origin of the proposals in the Bill is to be found in the recommendations made by the Statute Law Revision Committee in paragraph 12 of its report dated 17th December, 1963,

upon restrictive covenants. In that paragraph the committee recommended that a tribunal similar to the United K!ingdom Lands Tribunal be established, that it have certain jurisdiction in relation to restrictive covenants and that there be a right of appeal to the Supreme Court from the tribunal.

Following consideration of the report of the Statute Law Revision Committee it became apparent that it was not immediately practicable to implement the recommendation for establishment of a lands tribunal. One obvious difficulty was that dealing with applications for the discharge or modification of restrictive covenants would not provide the tribunal with sufficient work to justify the expense of its establishment, particularly since this would also have created problems of staffing and accommodation. It seemed that there were likely to be a considerable number of matters affecting land which might be included in the jurisdiction of the tribunal, but at that time the Sale of Land Act 1962 had only recently come into operation, and the Government had been fortunate in persuading Mr. Louis Voumard, Q.C., to accept appointment as the first arbitrator under that Act. It was essential that the operation of this new legislation should be tested in practice before deciding whether the contemplated jurisdiction relating to land should be vested in a tribunal or whether it was appropriate to extend the jurisdiction of the arbitrator under the Sale of Land Act.

There were also other developments in relation to the possible jurisdiction of a lands tribunal. One of these was the work commenced by the Chief Justice's Law Reform Committee in 1964 in respect of the reform of the law relating to easements of light and air. This project was highly technical and complex, and the task of the committee was only completed a feY' months ago. Another development which suggested a field in which a

60 Lands Tribunal [ASSEMBLY.] Bill.

lands tribunal might operate was a submission in evidence before the Joint Select Committee on Drainage, established under the J oint Select Committee (Drainage) Act 1965, that there was a need for a drainage court.

Eventually, after careful and lengthy consideration of the foregoing matters, an expert committee was appointed in September, 1969, to investigate and make recommendations on the advisability of establishing a lands tribunal, and on matters such as the constitution of the tribunal, the terms of appointment of its members, its jurisdiction, the number and qualifica tions of officers likely to be required by the tribunal, and the procedure of and appeals from the tribunal. The committee has as its chairman Mr. Louis Voumard, Q.C.; its other members were the Chief Parliamentary Counsel, the Registrar of Titles, senior members of the Victorian Bar representing the Victorian Bar Council, representatives of the Law Institute of Victoria, and Mrs. J. Lewis, Parliamentary Counsel. I shall refer to this committee hereafter as the Voumard committee, in order to distinguish it from other committees mentioned in my comments.

The Voumard committee made its report on 17th March, 1971, and a number of copies of the report are available for honorable members who might wish to peruse it. I propose, therefore, to comment on the report only in relation to recommendations which have not been implemented. The first of these is the recommendation that draft legislation, referred to by the committee as the Property Law (Easements) Bill, should be enacted independently of, and prior to, legislation constituting a lands tribunal. In fact a report on the draft legislation was received from the Chief Justice's Law Reform Committee in June last, and there are a number of administrative problems which must be resolved before the legislation can be introduced. The

Mr. Reid.

Government has taken the view that the establishment 'Of a lands tribunal should not await the introduction of this legislation, which will in due course confer jurisdiction upon the tribunal.

The only other recommendation which has not been implemented is one relating to the jurisdiction of the tribunal. I will 'comment upon this when dealing with the jurisdiction provisions of the Bill.

I turn now to the clauses of the Bill. Clause 1 contains the usual short title and commencement provisions.

Clause 2 provides for the amendments set out in the schedule, in consequence of the transfer of jurisdiction to the tribunal by clause 12.

Clause 3 provides for a Lands Tribunal, which is to be a superior court of record.

Clause 4 deals with the constitution of the tribunal. The clause implements the recommendation of the Voumard committee that a member of the tribunal should have security of tenure similar to that enjoyed by Her Majesty's judges and that the salary offered should be in excess of that of a judge of the County Court and not materially less than that of a judge of the Supreme Court.

Clauses 5 and 6 contain provisions for retiremen t of judges of the tribunal and for pensions of such judges in terms similar to the provisions applying to judges of the County Court and the Supreme Court.

Clause 7 provides for the temporary appointment of an additional judge or judges of the tribunal in the various circumstances, as set out in the clause, when a temporary appointment is necessary.

Clauses 8 and 9 provide for the appointment of registrars of the tribunal, and the powers of such registrars.

Lands Tribunal [31 AUGUST, 1971.] Bill. 61

Clause 10 provides for the appointment of a secretary and other necessary officers of the tribunal, subject to the Public Service Act 1958.

Clause 11 provides that a judge sitting alone may hear and determine any matter coming before the tribunal.

Clause 12 deals with the jurisdiction of the tribunal. Sub-clause (I), in effect, transfers to the tribunal jurisdiction created by various statutes. The proposed jurisdiction, with two exceptions to which I shall refer later, is as recommended by the Voumard committee. A summary of the respective matters dealt with in this sub-clause is as follows:-

(a) Any matter under section 37 of the Drainage Areas Act 1958.Jurisdiction now vested in a judge of the County Court to determine whether intended acts will or may injuriously affect any water or works under the care of a water authority.

(b) Any matter under section 8 of the Drainage of Land Act 1958.Jurisdiction now vested in a stipendiary magistrate to determine whether drainage works affecting land of an adjoining owner will cause injury to the owner or other person interested in the land, whether the injury will be fully compensated for by money, the amount of compensation and how it should be apportioned.

(c) Any matter under section 31 of the Extractive Industries Act 1966. -Jurisdiction now vested in a stipendiary magistrate to assess compensation in respect of the search for stone on private land.

(d) Any appeal from the Groundwater Appeals Board under section 68 of the Groundwater Act 1969.Jurisdiction now vested in a judge of the County Court to hear appeals from the Groundwater Appeals Board, which hears appeals in relation to groundwater licences.

(e) Any matter under section 58, section 60 or section 65 of the Lands Compensation Act 1958.-Jurisdiction now vested in the Supreme Court or

a Land Valuation Board of Review to apportion rent where part of a property under lease is taken, to assess compensation for tenants from year to year and to assess compensation for temporary occupation of land. Having regard to the amendment contained in item 5 of the schedule to the Bill, the jurisdiction of a Land Valuation Board of Review is not a.ffected by this paragraph.

(f) Any application under section 150 of the Liquor Control Act 1968.Jurisdiction now vested in the Supreme Court to assess compensation and to determine questions of law relating to the fixation of compensation, when questions of unusual difficulty or of general importance arise before the Liquor Control Commission in cases of the surrender or determination of licences.

(g) Any claim for compensation referred to in section 840 of the Local Government Act 1958.-Jurisdiction now vested in a judge of the County Court, appointed to act as an arbitrator by the Governor in Council, to detennine whether compensation shall be paid -and, if so, the amount -by a municipality consequent upon the exercise of powers conferred on it by the Act in cases where the amount of compensation is in dispute and the claim exceeds $1,000.

(h) Any appeal under sub-section (4) of section 22 or 23 of the Milk Board Act 1958.-Jurisdiction now conferred on the Minister to determine appeals from assessments of compensation by the Milk Board in respect of the cancellation of licences under the Milk and Dairy Supervision Act 1958.

(i) Any objection referred to in section 19A of the Probate Duty Act 1962 in respect of which jurisdiction was conferred prior to the commencement of this Act on the Supreme Court.-Jurisdiction now conferred on the Supreme Court to determine appeals from assessments where the objection is against a valuation of land and the valuation

62 Lands Tribunal [ASSEMBLY.] Bill.

is $10,000 or more or a question of unusual difficulty or of general importance is raised.

(j) Any application under section 84 of the Property Law Act 1958.Jurisdiction now vested in the Supreme Court to discharge or modify restrictive covenants.

(k) Any matter under the Sale of Land Act 1962 or any other Act in respect of which jurisdiction was conferred prior to the commencen1ent of this Act upon an arbitrator appointed under the Sale of Land Act 1962.-Jurisdiction now conferred on an arbitrator appointed under the provisions of the Sale of Land Act to determine, for example, applications to extinguish or grant easements to enable land to be subdivided efficiently, appeals against the refusal of municipal councils to seal plans of subdivision, and appeals against requirements made by a municipal council for the construction of roads or drains upon a proposed subdivision of land.

(l) Any appeal under sections 17 and 23 of the Soil Conservation and Land Utilization Act 1958.-Jurisdiction now vested in a judge of the County Court to determine appeals from apportionments by the Soil Conservation Authority in respect of cost of'" anti-erosion and other works and the burden of consequent decreases in the value of land.

(m) Any application under subsection (2) of section 10 of the Strata Titles Act 1967.-Jurisdiction now vested in the Supreme Court to amend or alter a schedule of unit entitlement or of unit liability.

(n) Any application under subsection (4) of section 13 of the Urban Renewal Act 1970.-Jurisdiction now vested in the Supreme Court, in cases where the urban renewal authority has sold land to a purchaser subject to a covenant as to the manner and method of and the time within which the land shall be redeveloped, to order the transfer to and vesting in the authority of the land, or part thereof, if the court considers that there has

Mr. Reid.

been a failure to comply with the covenant. This jurisdiction was not included by the Voumard committee in its recommendations, but is clearly within the range of matters which the committee thought should be dealt with by the tribunal.

(0) Any matter under the Valuation of Land Act 1960 in respect of which jurisdiction was conferred prior to the commencement of this Act upon the Supreme Court-other than an appeal under sub-section (4) of section 12 of that Act.-Jurisdiction now conferred upon the Supreme Court to determine, for example, claims for compensation for compulsory acquisition of land, which exceed $10,000 or raise questions of unusual difficulty or of general importance. Appeals under sub-section (4) of section 12 of the Valuation of Land Act are against determinations by the Valuers Qualification Board upon proceedings of a disciplinary nature. The Voumard committee did not recommend that this appeal jurisdiction remain with the Supreme Court, but the Chief Justice has pointed out that it is analagous to other jurisdictions of the Supreme Court to hear appeals from bodies similar to the Valuers Qualification Board, affecting professional people. The Government is of the view that such appeals should continue to be heard by the Supreme Court.

I have already referred to the jurisdiction of land valuation boards of review in relation to paragraph (e) of sub-clause (1) of this clause of the Bill. I emphasize that it is not intended that the Lands Tribunal should take over any of the jurisdiction of such boards.

(p) An arbitration under subsection (4) of section 11 of the Victorian Inland Meat Authority Act 1958.-Jurisdiction now conferred upon a judge of the County Court to determine the amount of compensation to be paid for the acquisition or closing of an abattoir by the authority.

Lands Tribunal [31 AUGUST, 1971.] Bill .. 63

Sub-clauses (2), (3) and (4) of clause 12 are transitory provisions which deal with matters part heard or pending at the time jurisdiction is transferred to the tribunal. Before leaving this clause, I draw attention to the fact that clause 12 of the draft Bill prepared by the Voumard committee included the jurisdiction of stipendiary magis .. trates under section 579 of the Local Governnment Act 1958 to hear objections to private street construction schemes. However, after the committee completed its report, the Local Government (Further Amendment) Act 1971 was passed and this Act amended section 579 to enable arbitrators to exercise the jurisdiction formerly conferred upon stipendiary magistrates. For the time being at least there appears to be no reason why this new provision should be disturbed.

Clause 13 enables the tribunal to do any matter or thing in the same manner as the Supreme Court. It also provides for an order of the tribunal to be made a rule of the Supreme Court, thus enabling enforcement of the order.

Clause 14 provides for a judge to sit with one or more assessors, and for the appointment and remuneration of assessors.

Clause 15 enables the tribunal to reserve any question for the opinion of the Full Court of the Supreme Court.

Clause 16 provides for a right of appeal from the tribunal to the Full Court of the Supreme Court and applies the rules of the Supreme Court to such appeals.

Clause 17 is a normal provision enabling the judges of the tribunal to make rules regulating procedure and other matters, and is in the form re .. commended by the Voumard committee. In relation to paragraphs (i) and (j) of sub-clause (1) of this clause, it will be noted that there is nothing unusual in a tribunal making rules governing some aspects of appeals to the Full Court. Such a

provision has existed in the County Court Act for many years and now appears as paragraph (h) of subsection (1) of section 78 of the County Court Act 1958.

I conclude by saying that· the Government intends to adopt the recommendation of the Voumard committee that the proposed jurisdiction of the tribunal be conferred in stages. It is intended to bring into operation first the provisions of paragraph (~) of sub-C'lause (1) of clause 12 relatIng to the jurisdiction now conferred on the arbitrator apPOinted under the Sale of Land Act, and to extend the operation of the Act from time to time as the capacity and experience of the tribunal grows and it has the facilities to deal with a greater volume of work. I commend the Bill to the House.



That the debate be adjourned until Tuesday, September 14.

I give the usual undertaking if the Opposition desires further time.

Mr. WILKEs.-We should like to speak with an officer of your department.

Mr. REID.-The services of an officer will be made available.

The motion was agreed to, and the debate was adjourned until Tuesday, September 14.

ADJOURNMENT. EDUCATION DEPARTMENT: TEACHER

TRAINING FACILITIES IN WESTERN SUBURBS-FALLS CREEK COMMITTEE OF MANAGEMENT - BRITISH MIGRANTS: EMPLOYMENT OPPORTUNITIES.

Mr. HAMER (Chief Secretary).-I move- .

That the House, at its rising, adjourn until tomorrow, at Three o'clock.


64 Adjournment. [ASSEMBLY.] Adjournment.

Mr. HAMER (Chief Secretary).I move-


Mr. GINIFER (Deer Park).-I remind the Minister of Education of inquiries which have been made in respect of a teachers' college for the western suburbs. The honorable gentleman recently gave an undertaking that the question of primary schools in the western suburbs being classified as training schools will be reviewed. The people of the western suburbs appreciate that Mr. Row, who was an Assistant Director of Primary Education, was to undertake a study of the schools with a view to making certain recommendations in regard to their being declared to be training schools. Now that Mr. Row has been appointed Director of Primary Education this matter may have passed from his jurisdiction. I should like the Minister to have this review completed within the next couple of months so that some firm indication can be given in regard to the 1972 academic year and so that students who will be posted to Mel .. bourne Teachers College from the western suburbs may be able to do their practical training in schools in the western suburbs. I raise this matter with the Minister and the Education Department in the hope that some finality may be reached by October or November.

Mr. MITCHELL (Benambra).I direct the attention of the Minister for Fuel and Power to the unsatisfactory state of the Falls Creek committee of management. I was officially invited to attend a meeting as an observer. When I arrived I was asked to leave the conference room together with a representative of the Shire of Bright. We sat outside like naughty schoolboys for about half an hour. Eventually, I was informed that I could go back and make a few remarks, and I then had to leave the room. Can the Minister for Fuel

and Power and the Government inform me what are the powers of this committee? I am not satisfied with the conduct of some committees of management of national parks and other areas. Have they the right to throw out representatives of a shire and of this Parliament? Mr. Swann, who is the chairman of the committee of management, and for whom I have high regard, is not handling that committee as it should be handled. In view of the barbaric medical arrangements at Falls Creek, allegations that children are smoking marijuana, the question of sweated labour, and other matters, I ask for a Royal Commission into Falls Creek.

Mr. SIMMONDS (Reservoir).-I direct the attention of the Minister of Labour and Industry to the serious effect of remarks of Mr. Piesse, an industrial relations officer, in respect to employment of British migrant workers, particularly in the steel industry and to the fact that the metal trade unions in this State have seen fit to advise that migrant workers from Great Britain could expect to be unable to obtain employment with certain firms in Victoria as a result of Mr. Piesse's remarks.

Has the Minister investigated the damage that these remarks coulg have caused to the employment opportunities of British migrant workers? Will the honorable gentM .. .l man inquire as to the extent of t.:~' :; discrimina tion against British migrtiN . j steel workers in Victoria? Fina1(i~s:'~ will the Minister inquire and advim-~',' migrants in Great Britain of th'.c! attitude of certain employers ittl Victoria in respect of their employi:t ment of British migrants? lc:

.,.-"

Mr. THOMPSON (Minister of Education) .-In reply to the honor:-

f-·

able member for Deer Park, I sha". be pleased to discuss with the newl~~' appointed Director of Primary Education the results of the survey which he was undertaking. His work may

Adjournment. [1 SEPTEMBER, 1971.] Questions on Notice. 65

well have been interrupted by his appointment as Director of Primary Education some six weeks ago following the retirement of Mr. McLellan.

Mr. BALFOUR (Minister for Fuel and Power) .-In reply to the honorable member for Benambra, I point out that members of the Falls Creek committee of management are an autonomous body. They are elected according to the regulations and are charged with the control of that area. I made arrangements with Mr. Swann, for whom I have high regard, for the honorable member to be present at a meeting. It was up to the meeting itself to decide how long the honorable member remained and what he said. I understand that the shire official was the health officer. Although he may have remained outside initially, I' am informed that he did attend the committee meeting on two days. Some personalities have entered into this situation which I, as Minister, should like to correct, but there must be some give on both sides. I certainly do not think there is any need for a Royal Commission into the operation of the Falls Creek Committee of management which I believe is doing a very good job of developing that area.

, Mr. RAFFERTY (Minister of ,.. l ~our and Industry) .-In reply to

.honorable member for Reservoir, ',ve not made any special investion into the remarks of Mr. Piesse.

!ley are Mr. Piesse's own views and regard them in the same light as I

'ft)uld similar remarks made from ;,me to time by, say, Mr. Carr, the

belf-appointed representative of cer-tain rebel unions. If the honorable member has something specific that lit would like me to look at and if It", writes to me about it, I shall e:kamine it.


The House adjourned at 10.51 p.m. Session 1971.-3

ifiegislatine Assembly. Wednesday, September 1, 1971.

The SPEAKER (the Hon. Vernon Christie) took the chair at 3.35 p.m., and read the prayer.

QUESTIONS ON NOTICE.

The following answers to questions on notice were circulated:-

EDUCATION DEPARTMENT. PROPOSED ST. ALBANS SPECIAL

SCHOOL. (Question No.5)

Mr. GINIFER (Deer Park) asked the Minister of Education-

What plans the Education Department has for the establishment of the proposed St. Albans special school?

Mr. THOMPSON (Minister of Education) .-The answer is-

The erection of this school is included in the department's list of capital works. I am unable to indicate precisely when tenders will be advertised.

DEAF CHILDREN: SCHOOL FOR WESTERN SUBURBS.

(Question No.6)

Mr. GINIFER (Deer Park) asked the Minis'ter of Education-

What plans the Education Department has for the establishment of a school for deaf children in the western suburbs of Melbourne?

Mr. THOMPSON (Minister of Education) .-The answer [s-

Our continuing surveys show there are insufficient numbers of deaf children in the western suburbs to warrant a school or kindergarten for deaf children in the western suburbs at present.

ROBBERIES AT SCHOOLS IN RESERVOIR ELECTORATE.

(Question No.9)

Mr. SIMMONDS (Reservoir) asked the Minister of Education-

In respect of State primary and secondary schools in the electoral district of Reservoir-

1. Which schools have been broken into during the past twelve months?

66 Questions [ASSEMBLY.] on Notice.

2. On how many occasions each such school has been broken into?

3. What was the nature and value of goods removed and damage to premises, respectively, in each case?

4. What arrangements have been made for repair of damage and replacement of goods removed and at whose cost?

School. No. of times.

5. What steps have been taken to prevent further breaking and entering into such schools?

Mr. THOMPSON (Minister of Education) .-The answers are-

1, 2 and 3. Listed below are details of breaking and entry reported to the department during the past twelve months.

Nature and value of goods removed and damaged.

4686 Reservoir East 3960 Reservoir

1 1 2

*Damage to windows Canteen stock loss $75

1494 Preston .. *(1) Windows broken

H.S. Lakeside .. H.S. Merrilands H.S. Reservoir

1 1 3

*(2) Minor items stolen Damage to windows, &C. $20 Refrigerator stolen $145 (1) No damage (2) Office stores $50 stolen (3) No damage

T.S. Keon Park 3 *Damage to windows (2) Nil (3) Damage to windows $15

Kingsbury T.S. 6 *(5) Very minor damage only. Several items stolen belonging to building contractor.

(1) Motor mower stolen

*No valuation included in report.

4. Repairs to damage incurred are generally effected immediately either by the Public Works Department or the school.

Items of equipment bought by the school either wholly or partly from local funds are replaced at no expense to the school, provided that such items are registered with the department's Stores Branch. Equipment and furniture which has been supplied by the department is replaced by the department.

5. Certain security procedures have been suggested to schools generally and discussions have been held between senior officers of the Police Department, the Education Department and Public Works Department.

DEPARTMENT OF HEALTH. DEAF CHILDREN: KINDERGARTEN FOR

WESTERN SUBURBS.

(Question, No.7)

Mr. GINIFER (Deer Park) asked the Minister of Health-

What plans the Department of Health has for the establishment of a kindergarten for deaf children in the western suburbs of Melbourne?

Mr. ROSSITER (Minister of Health) .-The answer is-

The Department of Health has no plans for the establishment of a kindergarten for deaf children in the western suburbs of Melbourne.

A reply to the same question has also been sought by the honorable member from the

Minister of Education, who would be responsible for the establishment of such a kindergarten.

INDUSTRIAL STRIKES. SECRET BALLOTS.

(Question No. 8')

Mr. SIMMONDS (Reservoir) asked the Minister of Labour and Industry-

Whether any representation has been made to him by any person or corporation suggesting that compulsory ballots be held before any person or body of persons ceases work on account of an industrial matter?

Mr. RAFFERTY (Minister of Labour and Industry).-The answer is-

Yes. I would also like to draw the attention of the honorable member to the results of the Gallup poll published in the Herald on Wednesday, 11th August, 1971, when it was reported that 73 per cent of Australians favour compulsory ballots.

COUNTRY ROADS BOARD. RAIL OVER-PASS IN NORTH GEELONG.

(Question No. 11) Mr. TREZISE (Geelong North)

asked the Minister of Transport, for the Minister for Local Government-

What is the proposed date of reopening of the rail over-pass from Glenleith Avenue to Church Street, North Geelong?

Que$lions [l SEPTEMBER, 1971.] on Notice. 67

Mr. WILCOX (Minister of Transport) .-The Minister for Local Government has supplied the following answer:-

January, 1972. The Country Roads Board expected to open the over-pass to traffic in December, 1971, but work has been delayed by the recent strike of carpenters.

HOUSING COMMISSION. RENT INCREASES.

(Question No. 12)

Mr. TREZISE (Geelong North) asked the Minister of Housing-

What rent increases have been imposed on tenants of Housing Commission units over the past fifteen years?

Mr. MEAGHER (Minister of Housing) .-The answer is-

From 1956 to 1963 rentals for commission dwellings were determined on an economic basis for each as set out in the 1945 Commonwealth-State Housing Agreement and the Victorian Rents and Rebate Regulations -in practice the rentals were adjusted when dwellings were vacated and relet.

In 1963 an averaging scheme for rental fixation was introduced-the position with rentals for 3-bedroom accommodation in the metropolitan area then being and as subsequently adjusted is as follows:-

14th July, 1963: Minimum, $7 per week; maximum, $10.50 per week.

No existing tenant. was charged more than a $2 per week increase in the first twelve months.

30th January, 1966: Rentals less than the minimums brought to the minimum of each bedroom type except no tenant paid an increase greater than $1 per week.

10th April, 1966: Minimum of ranges increased by $1.25 per week.

3rd November, 1968: Rents for all dwellings increased 30 cents per week and in addition minimum rentals increased a further 35 cents per week.

20th September, 1970: Rents for all family dwellings increased $1.50 per week to the present level.

For 3-bedroom metropolitan accommodation this is-Minimum, $10.40 per week; maximum, $12.30 per week.

CORIO MULTI-SHOPPING CENTRE.

(Question No. 13)

Mr. TREZISE (Geelong North) asked the Minister of Housing-

1. What is the present poSition concerning the planned development of the multi-

shopping centre at the intersection· of Bacchus Marsh Road and Purnell Road, Corio?

2. When construction will begin? 3. When it is expected the centre will be

open for public shopping?

Mr. MEAGHER (Minister of Housing) .-The answers are-

1. The successful tenderers have informed the Housing Commission that preliminary plans for the shopping centre have been finalized with A. V. Jennings Industries (Aust.) Ltd. They expect to enter into a contract with that firm on or before the 24th October, 1971, so complying with their contract with the Housing Commission.

2. The developers anticipate commencement of site works on or about 24th October, 1971.

3. At this juncture the opening date is not known to the Housing Commission.

NORTH FITZROy.RECLAMATION AREA.

(Question No. 18)

Mr. BORNSTEIN (Brunswick East) asked the Minister of Housing-

1. What amounts have been expended by the Housing Commission in the area of North Fitzroy bounded by Rae, Reid, Nicholson and Church streets on-( a) acquisition of houses; (b) demolition of houses; (c) acquisition of factories and other properties; and (d) demolition of factories and other properties?

2. What amounts the commission expects to expend in each of the -abov-e-mentioned categories ,this financial year? .


1. (a) $578,950; (b) $9,544; (c) $65,342; (d) Nil.

2. As the commission purchases properties from only those owners who 'approach it wioth an offer to sell, the expenditure in this category cannot be estimated.

(Question No. 20)


1. How many-(a) houses; 'and (b) factories 'and other properties, have been purchased by the Housing Commission in the North Fitzroy area bounded by Rae, Reid, Nicholson 'and Church streets?

2. How many-(a) houses; and (b) factories and other properties, hav·e been demolished by the commission since their purchase?

3. How many ·additional-( a) houses; -and (b) factories 'and o:ther properti'es, the commission intends 'to purchase in the -abovementioned area?


4. Which, if 'any, of-( a) the houses; and (b) factories and other properties, purchased but not demolished the commission intends to preserve intact?

5. Which, if ,any, of-(a) the houses; ,and (b) factories 'and other properties, which ,the commission desires to purchase it is intended to preserve intact?


1. (a) 52. (b) 6. 2. (a) 49. (b) Nil. 3. Apart from 'those properties which are

offered for sale to :th'e commission by the respective owners, the commission has no present intention of purchasing any properties in these categories.

4. This matter has not been determined. 5. This matter has nQ!t been determined.

(Question No. 21)


Wheth'er an offer was recently made by the Housing Commissi'On to Goold and Porter Pty. Ltd., of Church Street, North Fitzroy, seeking to transfer their fiaotory to ~a new site; if so-( a) when the offer was made; (b) why jot was made; (c) what were the terms of 'the 'Offer; and (d) what attitude the factory owners adopted towards the offer?


NegDtiations ,are prDceeding between the Housing CommissiDn and Goold and PDrter Pty. Ltd., cDncerning 'th'e factory site in Church Street, N'Orth FitzrDY. At this stage :the particulars of the offer :are, of necessirty, cDnfidential between the parties.

(Question ND. 23)


Whether plans for the redevel'Opment of the NDrth Fitzroy ,area bDunded by Rae, Reid, NichDlson and Church streets have been submitted to the Education Department; if so, what is the nature of such plans, specifying the date on which they were submitted, and the reasons for such submission?


Sketch plans 'Of pDssible redevelopments fDr the area were discussed with officers of the EducatiDn Department in May, 1970.

The reason for ,the discussiDn was ,advice received from the Education Department that it will have ,a definite requirement for a primary school site of 2-2! 'acres.

RENOVATION AND RESTORATION OF HOUSES.

(Question No. 22')


1. In what circumstances the Housing CommissiDn will make loan mDney, pursuant to the prDvisions of the Urban Renewal Act 1970, to assist in the renovation and restoration of houses?

2. In what circumstances the cDmmissiDn made available IDan money fDr such purposes under the Housing Act 1958 specifying the number and dates of applications received and the number approved?


1. This matter has not yet been determined.

2. The cDmmissiDn made available loan money for restoratiDn and/Dr renDvation of houses following bush fires. Applications apprDved were four in 1944, three in 1945 and one in 1947. These allowances were made under Act No. 4996.

RURAL FINANCE AND SETTLEMENT COMMISSION.

RURAL RECONSTRUCTION SCHEME: ApPLICATIONS FOR AsSISTANCE.

(QuestiDn No. 17)

Mr. W. J. LEWIS (Portland) asked the Minister of Lands-

1. How many applications have been dealt with under the rural reconstruction scheme?

2. How many applications have been processed and how many have been rejected to date?

Mr. BORTHWICK (Minister of Lands) .-The answer is-

To the 31st August the Rural Finance and Settlement Commission has received 1,857 applications for assistance under the rural reconstruction scheme and of these, 1,298 cases have received an initial analysis. Just under 400 have prDceeded tD a final decision whilst the balance are in varying stages 'Of being dealt with.

A complete examination of a farmer's affairs invDlves considerable work and time, including farm inspection and valuation and before final agreement can be reached as to the terms 'Of making a loan it is frequently necessary tD become involved in very detailed and quite complicated negotiations with creditors.

Up tD date, offers of assistance have been made tD 70 applicants invDlving just under $1,4 million and some 321 applicatiDns have been declined.

Questions [1 SEPTEMBER, 1971.] on Notice. 69

It is pointed out that not all cases are declined on the grounds that the applicant's over-all debt position is so high that he has no prospects of achieving viability within a reasonable time, as required by the Commonwealth legislation. Some applications are declined because the applicants are possessed of considerable resources and are not in financial difficulties but are merely seeking a concessional rate of interest, whilst others are not full-time farmers with their principal means of livelihood being gained outside their farming activities. In addition, some applicants have mortgages not in arrears and with some time to run before maturity and thus do not meet the Commonwealth's requirements of being in danger of losing their farms.

In many cases, from the information supplied by the applicants in their initial application and accompanying data, it is apparent that the prospects of assistance being approved are not bright. However the commission feels it has a responsibility to conduct a thorough and detailed investigation of the applicants' affairs to see whether there are any prospects of assistance being granted rather than make a hasty decision to decline.

(Question No. 31)

Mr. E. W. LEWIS (Dundas) asked the Minister of Lands-

1. How many applications for rural reconstruction have been received from the shires of Kowree, Arapiles, Wannon, Glenelg, Dundas, Portland, Minhamite, Belfast, Mount Rouse, Mortlake, and Warrnambool?

2. How many applications have been investigated, how many applicants have received financial assistance and what total amount of money has been paid out for rural reconstruction?

Mr. BORTHWICK (Minister of Lands) .-The answer is-

The Rural Finance and Settlement Commission has received 1,857 applications for assistance under the rural reconstruction scheme. Separate statistics are not kept in respect of individual shires, but it will be appreciated that because of the current problems confronting the wool-growing

industry a very large proportion of the applications being received are from the western part of the State which embodies the shires in question.

Of the applications received, 1,298 cases have received an initial analysis. Just under 400 have proceeded to a final decision whilst the balance are in varying stages of being dealt with.

A complete examination of a farmer's affairs involves considerable work and time, including farm inspection and valuation and before final agreement can be reached as to the terms of making a loan it is frequently necessary to become involved in very detailed and quite complicated negotiations with creditors.

Up to date, offers of assistan,ce have been made to 70 applicants involving just under $1.4 million and some 321 applications have been declined.

SOCIAL WELFARE. HOSTELS FOR ADOLESCENTS AND

YOUNG ADULTS.

(Question No. 26)

Mr. BORNSTEIN (Brunswick East) asked the Treasurer-

1. Which voluntary organizations operating hostels for adolescents or young adults have received Government financial assistance since 30th June, 1965, specifying in each case--(a) the nature of such assistance; (b) the amount of assistance; (c) the nature of and amount of assistance requested; and (d) when assistance was provided?

2. Which voluntary organizations operating or seeking to operate the abovementioned hostels have been refused assistance during the same period, specifying in each case the nature of and amount of assistance requested?

Sir HENRY BOLTE (Premier and Treasurer) .-The answers are-

1. I am advised by the Minister for Social Welfare that his department has provided assistance as indicated in the following table:-

Date paid. Hostel. Parent organization. Type of grant. Amount. Amount requested.

1965-66-

30th July, 1965 .. 8th November, 1965 8th November, 1965 15th October, 1965 .. 15th April, 1966 ..

24th February, 1966

14th June, 1966

14th June, 1966

Marian Hall Kew Hostel Kew Hostel Maryville Hostel Maryville Hostel

Coolock ..

Coolock ..

St. Vincents No 2 Hostel

Good Shepherd Sisters .. Citizens Welfare Service Citizens Welfare Service Daughters of Charity .. Daughters of Charity ..

St. Vincent de Paul Child-rens Home

St. Vincent de Paul Childrens Home

St. Vincent de Paul Child-rens Home .,

Renovations .. Renovations .. Furniture .. Capital .. Capital (part pay-

ment) Renovations ..

Renovations

Capital

Total ..

$ c

1,827.90 1,040.10 1,739.70 8,666.67 6,000.00

4,825.33

1,841.33

4,700.00

24,641.03

As granted As granted As granted As granted As granted

As granted

As granted

As granted

70 . Questions on

Date paid.

966-67

12th December, 1966 12th December, 1966 20th December, 1966

20th March, 1967 9th June, 1967

967-68

20th July, 1967

26th July, 1967 .. 28th July, 1967 .. 17th October, 1967 .. 30th October, 1967 ..

29th November, 1967 9th January, 1968 ..

Sth February, 1968 ..

18th March, 1968 .. 29th April, 1968 1st May, 1968

16th May, 1968 4th June, 1968

6th June, 1968 21st June, 1968

968-69

Hostel.

Maryville Hostel

" " " "

Kew Hostel Lyndon Lodge

Raelene Hostel

Open Door Hostel Carinya Hostel .. Menzies Boys Hostel Harrison House

Hostel Try Youth Hostel Coolock Hostel ..

Molloy House

Go;don Boys Hostel Molloy House ..

Lyndon Lodge Molloy House

Carinya Hostel Surrey Hills Hostel

7th October, 1968 .. Molloy House

9th January, 1969 .. Regent House

9th January, 1969 .. 13th March, 1969 1st May, 1969

12th June, 1969

13th June, 1969

969-70

23rd July, 1969

27th September, 1969

25th September, 1969 7th November, 1969

6th January, 1970 .. 12th March, 1970 ..

970-71

24th July, 1970 31st July, 1970

20th October, 1970 .. 20th October, 1970 .. 22nd October, 1970

22nd October, 1970

30th November, 1970

24th February, 1971

Harrison House .. Mater Dei Surrey Hills Hostel

Open Door

Lyndon Lodge

Surrey Hills Hostel

Open Door

Gordon Boys Hostel Open Door ..

Open Door St. Martins

Maryville Mater Dei

The Harbour Gordon Boys Hostel Coolock Hostel ..

St. Vincents No. 2 Hostel

Swinborn Lodge ..

Try Boys Hostel ..

[ASSEMBLY.] Notice .

Parent organization.

Daughters of Charity

" "

Citizens Welfare Service Salvation Army ..

St. John of God Brotherhood

Campaigners for Christ Salvation Army .. Menzies Boys Homes .. Presbyterian Social

Services Try Boys Society St. Vincent de Paul

Childrens Home Church of England Boys

Society

Th~' Gordo;;' Hom~~ Church of England Boys

Society Salvation Army Church of England Boys

Society Salvation Army Church of England Boys

Society

Type of grant.

Renovations Furniture Capital:

payment Renovations Fuqnture.

Total ..

Renovations

Furniture Renovations Renovations Renovations

Renovations Renovations

final

Capital Works (part payment)

Re~~vatio~' .. Capital works

(part) Capital work Capital works

(final) Capital works Capital works

(part payment)

Total ..

Church of England Boys Furniture Society

Presbyterian Social Renovations Services

St. "Vincent d~ Paul Church of England Boys

Society Campaigners for Christ

Salvation Army

Church of England Boys Society

Campaigners for Christ

The Gordon Homes Campaigners for Christ

St. "Johns 'Homes" ..

Daughters of Charity .. St. Vincent de Paul

Society Salvation Army .. The Gordon Homes St. Vincent de Paul

Childrens Home

Welfare Community Foundations

Try Boys Society

Capit~l Capital

payment) Capital

payment) Renovations

Total ..

Furniture

(part

(part

Capital works (part payment)

Furniture .. Capital works

(part payment) Furnishings .. Renovations ..

Total ..

Furniture Furniture

Renovations Furniture Renovations

Renovations

Renovations

Furniture

1970-71 Progressive Total ..

Amount.

$ c

1,069.73 2,000.00 1,194.83

399.80 673.34

5,337.70

2,948.67

133.34 126.67 69.73

1,411.00

153.34 121.20

4,666.67

9.333.33 533.34

4,666.67

2,534.30 1,333.33

137.68 10,000.00

38,169.70

Amount requested.

As granted As granted $1,250.67·

As granted As granted

As granted

As granted As granted As granted As granted


As granted

As granted As granted As granted

$4,241.67· As granted


2,000.00 As granted

138.67 As granted

236.00 17,833.33 9,941.93

4,455.33

2,673.65

37,071.42

2,000.00

5,666.67

120.34 3,538.00

1,563.11 230.00

13,118.12

241.33 2,000.00

766.66 25.56

360.00

406.66

1,857.38

404.67

6,062.26

As granted As granted As granted

As granted

As granted

As granted

As granted




As granted $124.67· As granted

Questions on [1 SEPTEMBER, 1971.] Notice. 71

2. No application was refused during the period referred to, but in three instances as indioated in the table by asterisks the amount requested required ladjustment having regard Ito the basis of subsidy ($2 for $1) and the maximum grants available, viz.-

$20,000 in respect of capital expenditure. $2,000 in respect of furniture and fittings. $4,000 in respect of renovations and

repairs. The Hospitals and Charities Commission

has also made some grants to voluntary organizations working in this field. I am obtaining details of this assistance and I will let the honorable member have it as soon as it is available.

AFTER-SCHOOL CARE PROGRAMMES. (Question No. 27)

Mr. BORNSTEIN (Brunswick East) asked the Treasurer-

1. Which voluntary organizations operating after-school care programmes for "latch-key" children have received Government financial assistance since 30th June, 1965, specifying in each case-(a) the nature of such assistance; (b) the amount of assistance; (c) the nature of and amount of assistance requested; and (d) when assistance was provided?

2. Which voluntary organizations oper.ating or seeking to operate programmes have been refused assistance during the same period, specifying in each case the nature of and amount of assistance requested?

Sir HENRY BOLTE (Premier and Treasurer) .-The answers are-

1. I am advised by the Minister for Social Welfare that the Youth Advisory Council provided assistance to the Girl Guides Association towards its" Trefoil project" in this particular field on the following basis:-

(a) financial assistance was granted for the training of youth leaders to conduct after-school activities;

(b) the total amount granted was $4,000; (c) the nature and amount of assistance

was not specified in the association's application;

(d) $2,000 was granted in each of the years 1968-69 and 1969-70.

2. The council is not aware of any other application for assistance towards such a programme having been refused.

PRISONS DIVISION. FAIRLEA FEMALE PRISON.

(Question No. 28) Mr. BORNSTEIN (Brunswick East)

asked the Minister for Social Welfare-

1. What is the minimum age for females serving sentences at Fairlea Female Prison?

2. Whether any females 'below such age level are currently confined at the prison; if so, why?

3. Whether females below such age level are regularly confined at the prison; if so, why?

Mr. I. W. SMITH (Minister for Social Welfare).-The answers are-

1. There is no prescribed minimum age, but in practioe prisoners are rarely held under the age of seventeen years.

2. No.

3. No. (Question No. 29)

Mr. BORNSTEIN (Brunswick East) asked the Minister for Social Welfare-

1. What steps are taken to treat women prisoners at Fairlea Female Prison who are suff'ering from con tagious diseases?

2. What precautions are taken to prevent the spread of diseases amongst inmates of the prison?

Mr. I. W. SMITH (Minister for Social Welfare ) ,-The answers are-

1. Examination and treatment, including isolation in the prison hospital or transfer to a public hospital, as directed by the prison medical officer.

2. All prisoners are medically examined as soon as pr.acticable after reception. Any prisoner found to be suffering from a disease receives treatment and/or isolation in the prison hospital, or is transferred to an appropriate public hospital, as directed by the prison medical officer.


BRIQUETTING INDUSTRY. Mr. AMOS (Morwell).-Can the

Minister for Fuel and Power inform the House when the decision was taken by the State Electricity Commission to make redundant 200 men engaged in the briquetting industry of the commission?

Mr. BALFOUR (Minister for Fuel and Power) .-Investigations have been carried out into the operation of briquetting factories, and a report has been produced. As yet no decision has been made as to the implementation of that report. However, I will make inquiries and inform the honorable member.

72 Questions [ASSEMBLY.] without Notice.

SURVEY OF PORT PHILLIP BAY. Mr. FLOYD (Williamstown).-Can

the Chief Secretary inform me whether the Fisheries and Wildlife Branch is working on a survey of Port Phillip Bay? If so, how long have those concerned been on the job? Do they intend to bring out any interim report? If not, why not; and do they intend finally to produce a report for all members?

Mr. HAMER (Chief Secretary).The Fisheries and Wildlife Branch has been engaged in an ecological survey of Port Phillip Bay for upwards of a year-probably nearly two years now-in conjunction with the Melbourne and Metropolitan Board of Works. I understand that that survey will require at least another year and possibly more to complete. So far as I am aware it is not proposed to bring out any interim report. In fact, I do not know that any interim report would be entirely appropriate, because most of the study depends upon the making of comparisons of readings of various types of the waters of the bay and other ecological data over a period. I will make inquiries to see whether any form of interim report would be appropriate. In the meantime, the survey is continuing and we expect results in about a year or two.

HORSHAM KYOSAN ENGINEERING COMPANY LIMITED.

Mr. HOLDING (Leader of the Opposition) .-1 ask the Treasurer: Is it a fact that the Horsham Kyosan Engineering Company Limited held a winding-up meeting yesterday, and is it also a fact that if this company closes, as now seems certain, some 50 men will be unemployed in Horsham? Did the Government, which holds a debenture in the vicinity of $15,000, receive an offer to acquire that debenture from a number of private shareholders who are concerned merely to endeavour to protect their interests and to keep the company going, if possible? Was this

offer refused, and can the Treasurer give reasons why this offer was refused?

Sir HENRY BOLTE (Premier and Treasurer).-This is perhaps a proper question for the Minister for Fuel and Power to answer on behalf of the Minister for State Development because of the involvement of that department in the financing of this company in Horsham over the years. I have knowledge of the fact that an offer of some $15,000 was made to the Government for the debenture, or whatever security it held. Following legal advice and on the advice of the Ministry of State Development the Government was advised not to accept the offer for reasons that I am not at liberty to disclose at this moment.

PAY-ROLL TAX. Mr. W. J. LEWIS (Portland).

In the interests of decentralization will the Premier give concessions or exemptions to approved decentralized industries regarding the payment of pay-roll tax?

The SPEAKER (the Hon. Vernon Christie).-Order! I think this is really a matter of policy.

MANSFIELD AUTISTIC PLAY SCHOOL CENTRE.

Mr. TREWIN (Benalla).-Will the Minister of Health consider providing assistance to the Mansfield Autistic Play School Centre so that the teacher who travels throughout the country areas of Victoria can continue with this work in the interests of children so afflicted?

Mr. ROSSITER (Minister of Health) .-1 shall be pleased to give sympathetic consideration to that request.

MANNEQUINS AND MODELS DETERMINATION.

Mr. HOLDING (Leader of the Opposition).-Will the Minister of Labour and Industry inform the House whether it is a fact that for something like nine months the Minister

Questions [1 SEPTEMBER, 1971.] without Notice. 73

and his department have been constantly advised of breaches of the mannequins and models determination, and whether it is also a fact that the department has steadfastly refused to take any positive legal action to see that the law is enforced against certain agencies in Melbourne which are treating the Minister and his department as a joke?

Mr. RAFF'ERTY (Minister of Labour and Industry).-The answer is, of course, "No," but for the benefit of honorable members I shall enlarge upon it. It is a fact that certain representations have been made by the guild, but in the great majority of cases the allegations made have not been sustained. It is also a fact that the department is continuing investigations into the matters in an effort to obtain sufficient evidence for a prosecution, but thus far it has been unable to do so. It is further a fact that the Leader of the Opposition has received copies of correspondence from the persons who are making the allegations, and it is a fact that on numerous occasions I have discussed this matter with the Leader of the Opposition and have also sent him information.

SOCIAL WELFARE DEPARTMENT. Mr. BORNSTEIN (Brunswick East).

-What steps has the Social Welfare Department taken to co-ordinate its regional boundaries with those of other Government departments?

Mr. I. W. SMITH (Minister for Social Welfare) .-As yet, the State Government has no regional boundaries to co-ordinate with other forms of government.

FLOOD RELIEF. Mr. J. A. TAYLOR (Gippsland

South) .-Can the Minister of Water Supply indicate when river improvement trusts in Gippsland will receive a financial allowance for flood relief purposes?

Mr. DUNSTAN (Minister of Water Supply) .-Advice has been received from the Treasurer that a special

allocation of $200,000 will be made available for flood relief work in Gippsland. This money will be divided between seven river improvement trusts as follows: -Snowy River, $75,000; Cann River, $40,000; Mitchell River, $28,000; Avon River, $25,000; Thomson River, $15,000; Macalister River, $4,000; and Latrobe River, $3,000. In addition, the Orbost Waterworks Trust will re- . ceive $7,000 and the Orbost Sewerage Authority $3,000. I should add that this special allocation of $200,000 will be additional to the usual $500,000 per annum which is granted to the 26 river improvement trusts in Victoria.

FOOTBALL BETTING. Mr. TREZISE (Geelong North).

I desire to ask the Chief Secretary a question concerning legalized football betting. Has the honorable gentleman received submissions from football bodies on that subject and can he furnish details of the submission, particularly in relation to the allocation of profits? Can the Chief Secretary also inform the House whether there has been any opposition expressed in respect of football betting and, if so, by whom, and what were the reasons given for that opposition? Can the honorable gentleman also inform the House when a decision can be expected in this matter?

The SPEAKER (the Hon. Vernon Christie ).-Order! Oral questions which are to be answered during question time should be brief and not so detailed.

Mr. HAMER (Chief Secretary).No specific proposals have yet been made, but the Victorian Football League has indicated that it does intend to make a proposal. It has not yet done so. The position is that no proposals and no opposition have been considered.

PRESTON ASSESSMENT CENTRE. Mr. WILKES (Northcote).-Will

the Minister of Health inform the House whether the assessment

74 . Questions. . [ASSEMBL Y.1 without Notice.

centre for the treatment of alcoholics . and drug-dependent persons which. he promised earlier this year would be operating in Wood Street, Preston, is operating? If not, when does the Minister hope that it will be in. ()peration?

Mr. ROSSITER (Minister of Health) .-1 am looking forward with just as much expectation and, I hope, enjoyment as the honorable member to the Treasurer's Budget speech to be delivered in a little while, and then I shall be in a better position to answer the question.

COMMONWEALTH-STATE HOUSING AGREEMENT.

Mr. EDMUNDS (Moonee Ponds).I ask the Minister of Housing: Is it a fact that the six States have rejected the Commonwealth's proposals contained in the Federal Budget in regard to the continuance of the Commonwealth-State housing scheme? If so, will the honorable gentleman inform the House of the reasons why the States have rejected the proposals at this stage, as there is considerable public confusion about the future of this agreement?

Mr. MEAGHER (Minister of Housing) .-At a conference held in Canberra last Friday the Commonwealth put certain proposals before the States which the States found unsatisfactory because they were not sufficiently documented. From the States' point of view it appeared that, with the increasing cost of housing, they could only become progressively worse off under the proposed arrangement, which did not include continuance of the agreement. It was to be a simple arrangement between the Commonwealth and the States. The conference was adjourned on the motion of the States in order to have some further elucidation produced. It is hoped that a further meeting will be held in September.

. FLOOD RELIEF. Mr. B.' J. EVANS (Gippsland East).

-In view of the information given by the Minister of Water Supply when

answering a question a few minutes ago, I ask the honorable gentleman what proposal he has in mind for correcting damage which has ocurred on the Genoa River, where there is no river improvement trust, but which nevertheless suffered extensive damage in the floods.

Mr. DUNSTAN (Minister of Water Supply) .-1 am well aware of the damage done to this river, having inspected it with the honorable member shortly after the floods which occurred there in January. The matter is receiving the attention of the State Rivers and Water Supply Commission. 1 hope to be able to advise the honorable member what expenditure is proposed and what methods will be used to rectify the damage and to prevent further damage.

STUDENT CONCESSION FARES. Mr. FELL (Greensborough).-

Will the Minister of Transport consider extending the student concession tickets, or passes, available on public transport to allow them to be used during school holidays? Most students are without incomes and many live in outer suburban areas.

Mr. WILCOX (Minister of Transport) .-The general question of concessions granted by the transport authorities is reviewed from time to time and I should be happy to ask the authorities to look at this question when they next review the matter. However, I could not hold out a great deal of hope for the simple reason that the many concessions granted by the transport authorities already are considerable and cost this State some millions of dollars each year. This point has to be very much borne in mind when honorable members on the opposite side of the House speak as they do of the losses sustained by the transport authorities. However, I shall be happy to draw the attention of the authorities to the matter raised by the honorable member for Greensborol,lgh.


POLICE FORCE: OVERTIME PAYMENTS.

Mr. WILKES (Northcote).-Can the Chief Secretary inform me whether any alteration has been made to the principle of overtime payments to all members of the Victoria Police Force since the recommendations on this subject in the report by Sir Eric St. Johnston were made, and whether members of the Police Force are still receiving days off in lieu of overtime payments?

Mr. HAMER (Chief Secretary).There is provision for the payment of overtime and no doubt the matter will receive attention in the Budget. As the Deputy Leader of the Opposition knows, there is a general principle that unless days off can be given within a reasonable time, overtime is paid. In recent years, the tendency has been to pay more and more in overtime and give fewer and fewer days off. I think all honorable members will agree that this is a better principle because it provides more police on active duty for longer periods and also gives them a better remuneration. I assure the Deputy Leader of the Opposition that the provision for overtime is continually increasing and I expect that it will increase further in the Budget which the Treasurer will introduce shortly.

INQUIRY INTO EDUCATION. Mr. TREWIN (Benalla).-Will the

Minister of Education inform the House whether the inquiry into education instituted by the Government has been completed, and when it is completed will honorable members have the opportunity of obtaining a copy of the report?

Mr. THOMPSON (Minister of Education) .-The report by His Honour Judge Southwell was presented to a meeting of the Executive Council this afternoon. Copies will be made available to party leaders this afternoon, and subsequently to all honorable members.

SUNDAY RAIL SERVICES. Mr. WILTON (Broadmeadows).

Will the Minister of Transport, in his own words, inform me why he has refused to receive a deputation from representative groups who rely on the Melbourne-Upfield suburban line for rail transport on Sundays, as requested by me in two letters over recent weeks?

Mr. WILCOX (Minister of Transport) .-1 can only answer in my own words and will not read what I say, which frequently the honorable member for Broadmeadows has to do. The question is an interesting one and concerns the provision of a better transport service on Sundays for residents in the Upfield area. The Passenger Services Co-ordination Committee, which operates under the sponsorship of the Ministry of Transport and the chairman of which is the Director of Transport, who has a number of functions under the 'Ministry of Transport Act in coordinating transport generally, being concerned with the provision of transport services, went thoroughly into the question of running trams, trains and buses parallel on a Sunday when all services were losing money.

Mr. WILTON.-Why will you not tell this to the people?

Mr. WILCOX.-All this has been told to the people.

Mr. WILTON.-It has not; you have been running away from it.

The SPEAKER (the Hon. Vernon Christie).-Order! It is plain that question time must consist of one question and answer at a time and not interjections. I ask the Minister of Transport to answer the question.

Mr. WILCOX.-I am explaining the background to. the deputation.

Mr. WILTON.-Why will you not receive the deputation? Do not tell me, tell the people.

The SPEAKER.-Order! The honorable member for Broadmeadows has asked a question, and if he stops interjecting he will hear thp- answer.


Mr. WILCOX.-Obviously, the honorable member for Broadmeadows is in trouble. The Passenger Services Co-ordination Committee recommended that the train services be cut out and that, in substitution, the tram and bus services be considerably upgraded.

Mr. WILToN.-We all know that.

Mr WILCOX.-And so do your constituents.

The SPEAKER.-Order! The Minister should address the Chair.

Mr. WILCOX.-I thought that the idea of answering questions in this House was to give the facts, and I am giving them. I have no intention of being cut off when I am answering a question which cannot be properly answered without full explanation. I hope, Sir, you will allow me to give a full explanation.

The SPEAKER.-Order! If the Minister thinks he is being cut off by the Chair, he is wrong. In fact, he has cut himself off. The Minister has been asked by the Chair to answer the question, and I suggest that he answers it.

Mr. WILCOX.-If I gave any inference that you were cutting me off, Mr. Speaker, of course I apologize. I was referring to the demands of the honorable member for Broadmeadows that I answer this question, which cannot be answered without a full explanation. The residents in the area have a better transport service on Sundays and the saving to the transport authorities amounts to about $38,000 a year. This has all been explained to a number of honorablemembers, including the honorable member for Broadmeadows, who have written to me. The case is clear: With a saving of $38,000 a year and better transport for the residents, that is the simple reason why I do not wish to see a deputation.

RURAL RECONSTRUCTION SCHEME.

Mr. WHITING (Mildura).-Can the Minister of Lands advise the House if any offers of loans from the Commonwealth Rural Reconstruction Fund have been accepted? If so, will the honorable gentleman continue to keep the House posted at, say, fortnightly intervals on the number of loans accepted?

Mr. BORTHWICK (Minister of Lands) .-At the close of business on Monday evening, 70 offers of finance involving a total sum of $1.4 million had been made, and at that stage there had been about 45 acceptances involving approximately $854,000. In regard to the latter part of the question, I suggest that interested honorable members use the forms of the House and, at question time, ask questions similar to that asked by the honorable member for Mildura.

SUBURBAN RAIL CARRIAGES. Mr. WILKES (Northcote).-Has

the Minister of Transport been advised by the Railways Commissioners on the safety of the continual use of wooden carriages in Victoria? Further~ have they advised him about the effect of rust in some of the steel carriages in use? Is the honorable gentleman disturbed by the fact that the scheduled programme for the replacement of carriages will not be completed by the estimated date of 1983 or 1985? What does the Minister intend to do about this?

Mr. WILCOX (Minister of Transport) .-Like the Railways Commissioners, I should like to see a new fleet of suburban trains, to which I take it the Deputy Leader of the Opposition is referring, to replace the old wooden carriages. I recognize that new carriages of modem construction would be much safer than the old wooden carriages.

Mr. DOUBE.-It will not be possible to use wooden carriages on the underground loop. .


Mr. WILCOX.-I am glad of the honorable member's interjection; what he says is correct. In conclusion, towards the end of his question the honorable member for Northcote made a reference to 1983. I do not think we can project ahead as far as that, but the Railways Commissioners, with the quite limited funds available to them, have launched a programme for new suburban carriages. I sincerely hope, as do the commissioners, that the provision of these carriages can be speeded up so that it will be possible to get rid of the 01d carriages.

COLLINGWOOD HIGH SCHOOL. Mr. HOLDING (Leader of the

Opposit~on) .-1 direct a question to the Minister of Education. On his recent inspection of the facilities and premises at CoHingwood High School, did the Minister inspect that room described as an aUic which houses pupils in the senior form and which does not comply with health regulations but more iimportantly does not comply with fire t"egulations? Is the Minister aware that in the event of a fire that room would constitute a fire trap to the children? If so. what steps does the Minister propose to take to relieve the situation?

Mr. THOMPSON (Minister of Education) .-1 did inspect that room which is part of temporary premises that were hired because of the fire which occurred last yea1r at Collingwood High School. Steps were taken to hire some additional rooms in the Carlton area previously occupied by a private school with the idea of possibly transferring some Collingwood High School pupils there. I shaH be happy for officers of the Public Works Department to examine that room again to ensure that it is adequately safeguarded against nre. Following the inspection, I gave other direct1ions relating to the clearing of stored furniture-a task which I hope has already been carried out-and the erection of partitions which would make it a more satisfactory building, although it is for temporary purposes only ..

Mr. HOLDING (Leader of the Opposition) .-In view of the serious accommodat1ion position currently at Collingwood High School and as there wiU be further appl'ications for enrolment following the erection of high-rise Housing Commission flats in Wellington Street, can the Minister 'inform me what plans or arrangements the Educatlion Department has to proceed either with the erection of a new Collingwood High School or simply to accommodate those intending applicants from within the area?

Mr. THOMPSON (Minister of Education) .-The first move is to try to ease the pressure at Collingwood High School for next year by making use of some spare space at schools such as Heidelberg Girls High School; pupils would be taken by bus from Collingwood High School to that school. Secondly, rebuilding of Collingwood High School is already acknow ledged by the Public Works Department as a top priority project.

ENVIRONMENT PROTECTION COUNCIL.

Mr. KIRKWOOD (Preston}.-I direct a question to the Minister representing the M1inister for State Development. As the Environment Protection Council has met twice, why has the Melbourne Trades Hall Council representative, Mr. Colin Willman, not been appointed?

Mr. BALFOUR (Minister for Fuel and Power) .-1 ask the honorable member to put that question on the Notice Paper. I am not aware of the slituation.

NURSING HOMES AND WELFARE SERVICES.

Mr. BORNSTEIN (Brunswick East). -In view of assurances given by the P.remier in this House earlier this year, can the honorable gentleman indicate whether the Government is any nearer to accepting the longstanding offer by the Commonwealth to subsidize the cost of additional

78 Estimates [ASSEMBLY.] for'1971-72.

benevolent nursing homes and add~tional domiciliary welfare services? If not, why not?

Sir HENRY BOLTE (Premier and Treasurer) .-The answer is, "Yes".

INQUIRY INTO FUTURE OF YALLOURN.

Mr. AMOS (Morwell).-Following the answer that the Minister for Fuel and Power gave to my previous question, can the honorable gentleman inform the House if the information which was available to the committee to which the honorable gentleman referred was available to the Parliamentary committee which inquired into the future of Yallourn township, and if not, why not?

Mr. BALFOUR (Minister for Fuel and Power).-The report which I mentioned was an inter-departmental report. I do not think it was available when the Public Works Committee was inquiring into the future of the Yallourn township.

EXHIBITION (BORROWING POWERS) BILL.

Mr. I. W. SMITH (Minister for Social Welfare), by leave, moved for leave to bring in a Bill to amend section 14 of the Exhibition Act 1957.


first time.

MOONEE PONDS (QUEENS PARK) LAND BILL.

Mr. BORTHWICK (Minister of Lands), by leave, moved for leave to bring in a Bill to authorize the grant of leases in respect of certain land at Moonee Ponds in the City of Essendon and for other purposes.


first time.

ESTIMATES FOR 1971-72. Sir HENRY BOLTE (Premier and

Treasurer) presented a message from His Excellency the Governor transmitting Estimates of Revenue and

Expenditure for the year 1971-72 in lieu of the Estimates of Expenditure for the first three months of the year 1971-72, transmi J

~ed on 2nd March, 1971, and recommending an appropriation accordingly.

FINAL SUPPLEMENTARY ESTIMATES FOR 1970-71.

Sir HENRY BOLTE (Premier and Treasurer) presented a message from His Excellency the Governor transmitting Final Supplemen~ry Estimates of Expenditure for the year ] 970-71, and recommending an appropriation accordingly.

STATE ELECTRICITY COMMISSION (NEWPORT POWER STATION)

BILL. Mr. BALFOUR (Minister for Fuel

and Power) moved for leave to bring in a Bill to make provision with respect to the scheme for the extension of the State electricity generating system by the establishment of a power station at Newport.



FILMS BILL. Mr. HAMER (Chief Secretary)

moved for leave to bring in a Bill to consolidate and amend the law relating to films and for other purposes.



LOTTERIES GAMING AND BETTING (PRE-POST BETTING)

, BILL.

Mr. I. W. SMITH (Minister for Social Welfare) moved for leave' to bring in a Bill to authorize certain pre-post betting on the Melbourne

The,' [1 SEPTEMBER, '1971.] Budget. 79

Cup; to amend the Lotteries Gaming and Betting Act 1966 and for other purposes.

The 'motion was agreed to. The Bill was. brought in and read a

first' time. '

DAYLIGHT SAVING· BILL. Mr. ,HAMER (Chief Secretary)

moved for leave to bring in a Bill to promote the greater use of daylight in certain months of the year and to provide for certain matters incidental thereto.


a first time.

APPRENTICESHIP (AMENDMENT) BILL.

Mr. RAFF'ERTY (Minister of Labour and Industry) moved for leave to bring in a Bill to amend the Apprenticeship Act 1958 and to repeal certain provisions of the Employers and Employes Act 1958.


a first time.

THE BUDGET.


Sir HENRY BOLTE (Premier and Treasurer) .-Another financial year has gone, a new one has begun, and once again it is my privilege to bring in the Budget, this time for the year 1971-72. This honour has been mine for seventeen successive years and I am prompted to reflect on what has characterized those years. Foremost they have been years of stability in government, a stability which has provided a basis for much useful long-term planning. They have been years of growth and development, and this at a rate unprecedented since the spectacular early developments of the State in the middle of the last century following the great gold discoveries. They have been years in which we have come of age in so many things, and on the occasion of the Budget as I look back on what has gone before, and therefore what is the foundation on which the future rests, I am conscious of the role of the budget process in giving direction and purpose to the development and welfare of the State.

I say the budget process rather than the Budget, for the Budget itself, confined as it is to the immediate span of a new financial year, covers a period which is both too short and too long. It is too short to give continuity to essential forward planning. It is too long to keep a check on how things are going in the immediate present. It is an artificial spanuseful as an accounting period, but with limitations in the planning sense. Planning calls for the long-term view of projects and programmes, combined with virtually a day-to-day oversight of cash flows and progress. Yet the Budget is the main report for the year to Parliament on the financial position as it has emerged at the close of the old financial year, and as it is planned for the new financial year. I proceed therefore to the task of that reporting, and deal first with the state of affairs as they existed at the end of the financial year 1970-71.

When I presented the Budget for that year we had planned on having a shortage of $8 million on current account for 1970-71, to be offset by a surplus of a 'Similar amount on capital account. The two were combined for the first time into one Consolidated Fund which had to be planned to balance for the year, 'and which in fact had to be in balance at the end of the year whatever the changes in circumstances which arose. Circumstances did change during the year, notably massive and unprecedented increases in costs from wage awards made by wage-fixing tribunals. They

80 The [ASSEMBLY.] Budget.

threw the Budget as presented to the House at the outset of the year substantially out of gear, and tested to the full the validity of the total cash flow budget inherent in the Consolidated Fund. On this latter pOint may I say that my best hopes were fulfilled, and my confidence in the new budget framework was completely vi.ndicated.

As the year progressed I kept the House fully informed of the changes that were occurring, and of the nature and results of the negotiations between the States and the Commonwealth, first at the February conference and later at the April conference. The House will remember those reports. They are on record in Hansard, and I don't propose to go over them again, but rather to pick up the situation as it was when I last reported to the House and indicate the eventual result when the year closed.

After a series of measures to contain expenditure, all explained in detail at the time, and a special grant of $10'5 million from the Commonwealth, the situation as it looked when I spoke to the House on 6th April was that on the figures as they then were, a cash deficit of about $2·5 million seemed likely for the year-an amount which I indicated would be manageable, and so described it. What I meant by manageable was that if the worst happened, and it did in fact eventuate, we could handle it, but I did have in mind that it was more than likely that events between then and 30th June, 1971, would turn in our favour, and that our total cash planning would come out square. In the event this is what happened. In fact there was a small amount to spare and this I will explain.

It will be recalled that the whole basis of understanding between the Commonwealth and the States at the April Premiers Conference was that the additional funds then made available to the States-$43 million in total of which $10·5 million came to Victoria-were to be used to reduce the prospective deficits for the year, and were not to be used for new expenditure. This was not a condition laid down by the Commonwealth. It was a basic understanding subscribed to by all, and certainly by me. This circumstance had great bearing on the attitude we took subsequently on two matters. The first was the ultimate level of the tax reimbursement grant, which depends on calculations made on data up to 31st March in each year-data which does not become available until June. When all the da.ta was known, the actual tax reimbursement grant for 1970-71 was $3 million more than the figure estimated at April. It would have been inconsistent with the understandings between us and the Commonwealth to spend this additional amount of $3 million. In addition to that amount, receipts from probate duty and land tax eventually exceeded the figures estimated in April by $2 million, while other net variations in the figures took care of the amount of $2·5 million which in April had looked like being a possible cash shortage in the year. Therefore we took the decision that the two amounts I have mentioned-the $3 million and the $2 million -should not be spent but should be held as an unspent balance in the Works and Services Account at 30th June, 1971, as a partial offset to the unfunded revenue deficit of $15 million of the previous year. As opportunity offers it will be necessary to further augment the carry forward unspent balance in the Works and Services Account so that in time it will offset all unfunded revenue deficits currently carried on general cash balances. I explained in last year's Budget how these balances must be available in due course for the specific purposes for which they are heldthey are trust fund balances-and I know that the import of what I have said is understood by the House.

Sir Henry Bolte.

The [1 SEPTEMBER, 1971.] Budget. 81

Thus the year 1970-71 concluded with the Consolidated Fund in balance as required, and with a useful provision as an offset to the revenue deficit of the previous year. All of this was in conformity with the basic understandings between us and the Commonwealth on the appropriate Budget measures in the circumstances as they were.

I shall omit the next paragraph in the printed speech in the hands of honorable members which relates to the special Supplementary Estimates covering the payment of pay-roll tax to the Commonwealth for 1970-71. These Supplementary Estimates were considered by the House last night.

If I seem to have spoken at undue length about the old financial year, it is simply for the purpose of informing the House on the ultimate outworking of the things of which the House had been kept fully informed up to the time of the rising of the House at the end of the autumn session. All in all it can be said that although 1970-71 was a year of unprecedented change in the context of the Budget, the outcome was satisfactory, and indeed beyond expectations as they were in the middle of the year. Above all, the framework of the Consolidated Fund which Parliament adopted for the first time in 1970-71 was tested and proved, and the validity of the change was vindicated.

THE YEAR 1971-72. I come now to the Budget for 1971-72 and the financial considerations

underlying it. The first pOint to make goes back to something I reported to the House in the autumn session. This is that yet another new basis of tax reimbursement grants laid down by the Commonwealth only twelve months ago broke down completely in th~ first year of its operation. When I spoke of these new arrangements in the Budget speech last year, I said that I had not agreed to them because I realized that they left Victoria in a position of acute and continuing financial difficulty. I went 'so far as to say that having regard to the interlocking nature of the whole of the financing of government, including the major statutory corporations, the situation was so serious as to pose a threat to the whole role of government in the affairs of the State. This was proved to be entirely correct; it was accentuated by the unusually heavy wage increases during the year, and it was acknowledged before the year was out by the Commonwealth itself. In the result the arrangements have been changed yet again, and the nature of those changes needs to be explained.

. At the Premiers Conference in June the Commonwealth presented to the States a package deal. The nature of the package as it emerged after a good deal of discussion was modified from the initial proposition, and the elements in it as it finally emerged were-

1. The Commonwealth to retire from the field of pay-roll tax, and the States to take the tax over as a State tax, with an amount equivalent to the proceeds of this tax at the rate of 2! per cent to be deducted from the tax reimbursement grant which would have been payable under the 1970 scheme. In itself this gave the States no money, but merely substituted a new State tax for a Commonwealth grant. I will say more about that in a moment.

2. As a supplement to the formula tax reimbursement grants, an amount of $20 million to be distributed among the States in proportion to pay-roll tax collections by each State in 1971-72, with an addition to the share of the four less populous States

82 The [ASSEMBL Y.] Budget.

to give them an amount equal to that which they would get on a tax reimbursement grant-sharing basis. These amounts will be merged into the base of the formula grants for the purpose of calculating those grants in subsequent years. From this arrangement Victoria will get just on $5·8 million in 1971-72 .

. 3. A non-recurring grant in 1971-72 of $40 million to be distributed between the States in proportion to their formula tax reimbursement grants. From this arrangement Victoria will receive $9·9 million in 1971-72.

The method of determining the payment to the State by the Commonwealth of what really is, and used to be called, tax reimbursement -that is, a grant in substitution for income tax-seems to become more complicated each year. A statement giving further details of this year's arrangements is included in the Budget Papers, and here I have endeavoured to give the outline of it in simple,. and I hope understandable, terms. In terms of the Budget what really counts is the amount of cash. This is something that everyone can understand, and it is worth looking at it in those terms. First it is to be remembered that the transfer of pay-roll tax to the State, and the revenue from it at the present rate of 2! per cent, is merely a substitution for an equivalent amount of tax reimbursement grant. It is deducted from the grant that otherwise would be payable under the formula brought in last year, and in itself it makes no change in the cash available to the Budget in 1971-72. In those terms, and for the purpose of measuring availability of cash, it can be ignored. The only additional cash to be received from the new arrangements in 1971-72, over and above the tax reimbursement grant which would have been payable if no change in arrangements had occurred, is our share of the $40 million which is $9·9 million, and our share of the $20 million which is $5·8 million. These amounts I have referred to earlier, and combined they amount to $15·7 million. However in 1970-71 there was a special amount of $43 million paid to the States over and above normal tax reimbursement grants, and Victoria's share of this was $10·5 million. In cash terms, therefore, the net additional amount available t9is year over and above what would have come to us if tax grant procedures had not changed is only $5·2 million. This is not a large sum in a Budget of $1,100 million, and it is important to bear this in mind as I come shortly to outline the Budget proposals for 1971-72.

Before I do this, I should perhaps make a brief observation about the significance of the handing over by the Commonwealth of pay-roll tax. As explained by the Commonwealth the purpose of this transfer is to give to the States a "growth tax". As an offset to this it has reduced tax reimbursement grants by an equivalent amount. Two things need to be said. Any augmentation of the meagre taxing powers remaining to the States is in itself a good thing. To that extent the transfer of pay-roll tax has increased the taxing powers of the States, and has enhanced the extent of direct financial responsibility of the States-the nexus between revenue and expenditure, between getting and spending. This is a principle which I as Treasurer, and the Government and the Government party, have always believed in-a principle we believe to be a condition precedent to the satisfactory working of State government. It is a principle which was endorsed by the whole Pa.rliament, and all the parties represented here, as recently as in the last Parliamentary session. In so far as the transfer of pay-roll tax to the States makes a contribution to the outworking of that principle, it must be held to be a good thing. That is why the Government has no hesitation in accepting pay-roll tax as a State tax. No other tax was offered. Nonetheless a word of caution is needed about just how

Sir Henry Bolte.


far it goes to solving the real Budget problems of the States. While" at last it has been acknowledged by the Commonwealth that enlarged taxing resources are needed by the States, it would be naive of us all to think that the transfer of pay-roll tax of itself has solved the basic problem. It has been referred to as a " growth tax", a term which seems to have acquired some magic significance. All taxes are " growth" taxes in the sense that the revenue from them grows as national income grows. Some grow at a faster rate than others. For example, without any changes in rates of tax, land tax, probate duty, and stamp duty all grow at a rate of something like 6 to 7 per cent per annum. Over the last ten years pay-roll tax has shown an average annual growth rate of 10 per cent. However it is income tax that is the real growth tax. Income tax on personal incomes has had a natural growth rate-that is a rate of growth unconnected with changes in rates of tax-of some 13 per cent per annum over the last ten years. Last year it was about 20 per cent. These figures help to put pay-roll tax in perspective as a " growth tax", and indicate the need for calm caution in assessing the significance of the transfer of pay-roll tax to the States. Indeed the rate of growth of pay-roll tax at constant rates is less than the rate of growth in the formula tax reimbursement grant. Pay-roll tax at constant rates of tax grows at the same rate as the increase in total wages. The formula tax reimbursement grant grows at a faster rate than wages grow, though at a lesser rate than income tax, particularly income tax on personal incomes.

The real significance of the transfer of pay-roll tax is in my view the fact that something has been done at long last. While the problem of the adequacy of State revenues has been by no means solved, it is evident that on the vexed question of Commonwealth-State financial relationships, the winds of change are blowing in Canberra, and for this I give the Commonwealth Government great credit. What has happened this year is the first real sign of constructive thinking at the Commonwealth level on the very real problems of State finance for nigh on 30 years. Perhaps the most hopeful sign of all is that the winds of change seem to be blowing not only in Canberra, but in the minds of all thinking people, on the real need to ensure that government at all levels-Commonwealth, State and local-is based on a stable and viable financial framework. The discussions and the resolutions of this Parliament in the last session, and the growing enthusiasm for the Constitutional Convention there proposed, to begin first between representatives of all States, and later followed by consultation between representatives of the States and representatives of the Commonwealth, are welcome signs of an awakening of interest and a deeper understanding of the need for change. The Government is more than heartened-indeed, it is delighted-by the response, and by the support of the Labor Party and the Country Party on this issue, and is further strengthened in its resolve to press on by the warm response and interest of the other States.

ESTIMATES OF EXPENDITURE 1971-72. I come now to the practical issue of the expenditure needs for 1971-72

and the measures necessary to ensure that these needs are met.

I speak of needs, because the expenditure proposals are not inflated by any grandiose schemes to create new expenditure demands. The Estimates before the House, and the appropriations necessary from the Consolidated Fund to support the proposed expenditure, represent the minimum provision necessary for the service of government in the State without any frills or extravagance. The Government has consistently placed great emphaSis on the efficiency of the Budget process and the


control of expenditure. Government expenditure does not grow because the Government sets out to make it grow. It grows in response to the growth of the State-population, numbers of school children and so onand in response to social pressures. But above all Governments have to remember constantly, as the great statesman Macaulay so aptly put it, that they exist only for the good of the people. The people must get value for their money. This is the thing we have had uppermost in our mind at all times. Last year, as one of the steps to contain the Budget in circumstances of inflationary pressures, specific economy measures were introduced to effect actual cuts in certain areas of expenditure. These measures have been continued over into the Budget for 1971-72, subject only to such unavoidable modifications as are necessary to ensure the adequate functioning of departments.

The estimated total outlay from the Consolidated Fund in 1971-72 is $1,158 million or $147 million more than in 1970-71. These estimates are given in summary in the Budget Papers at page 7, and more details are set out in other pages and in particular in the document titled " Estimates of the Receipts and Payments of the Consolidated Fund 1971-72". Of the increase in estimated expenditure of $147 million, an amount of $129 million is in that part of the Consolidated Fund which formerly would have been the Consolidated Revenue, and $18 million is in the appropriation to the Works and Services Account, formerly embraced in the Loan Fund.

At this stage it is the $129 million which requires examination and I turn to, that, emphasizing that the figures I am speaking of relate to the current account sector of the Budget only. Additional wages and salaries account for $64·5 million, of which $42 million is the additional cost in 1971-72 of wage awards in the previous year and wage awards already handed down in 1971-72. Debt charges-that is interest and sinking fund on loan borrowings-will increase this year by $17·5 million. The payment into the Hospitals and Charities Fund, after making allowance for the increases in hospital income from higher charges already operating, will increase by $3·5 million. Pay-roll tax payments on account of State departments will increase by $4·5 million. This is an offsetting item because it appears also in the revenue side of the accounts, and it arises from a decision to continue charging pay-roll tax on departmental salaries because of the use of pay-roll tax returns by the Commonwealth Statistician for calculation of various statistics relating to wages. I believe it is proper that the departments be debited with pay-roll tax as they were in the past, otherwise a wrong impression could be given of how the State was spending this money for the purposes of government. The Government share of superannuation pensions will rise by $2· 1 million. The provision for education, apart from salaries and the other items I have already mentioned, will increase by $11 million. Payments to kindergartens and creches will rise by $1·1 million, mainly because of wage increases. Social welfare proposals to be outlined later account for $1·4 million, and proposals for increased subsidies to the railways and to the Melbourne and Metropolitan Tramways Board, in respect of fare concessions to pensioners and students account for $2·9 million. These subsidies will be explained as I proceed.

The share of petroleum royalties to be paid to the Commonwealth under the petroleum submerged lands legislation for 1971-72 is $7·4 million or $2·3 million more than in 1970-71, and this adds that amount more to the expenditure estimates this year. The gross receipts from petroleum royalties are paid to revenue, and the Commonwealth share is paid out on the expenditure side. While there is no significant increase in any of the other expenditure items, taken together they account for Sir Henry Bolte.


an increase in expenditure of $4·2 million. The effect on the Budget of new wage awards made during last year and already this year is to add $50 million to the payments side, and the aggregate annual cost of these awards amounts to the quite formidable total of $90 million. These unprecedented wage awards have had a profound effect on the Budget.

The total increase in expenditure accounted for by the items I have mentioned is $115 million. The remaining $14 million is represented by an appropriation to be sought under Division No. 45A for Treasurer's Advance, and this requires an explanation. Under the Public Account Act provision is made for an amount of $6 million to be available out of the Public Account as an advance to the Treasurer to meet urgent claims pending Parliamentary sanction. This is an essential safety valve which all Governments have in one form or another, and which enables them to meet unforeseen and emerging contingent situations, subject to subsequent ratification by Parliamentary appropriation. There are two points to be made here. The first is that the amount of $6 million was last fixed by Parliament in 1957. The total of today's Budget is some three and a quarter times the Budget at that time. In proportionate terms this justifies an amount for Treasurer's Advance of $20 million today. The amount which had to be charged to Treasurer's Advance and subsequently covered by supplementary appropriations last year was $39 million. This was of course exceptional, because, as I have already said, wage awards after the Budget last year were massive and unprecedented. However in 1969-70, the year before last, the corresponding amount was $18 million and in the preceding year to that, 1968-69, it was $2'2 million. The average amount for the last three years was therefore $26 million and for the two years 1968-69 and 1969-70 it was $20 million. This adds further confirmation to the reckoning that the appropriate figure in today's terms is of the order of $20 million. The other point is that with the new form of the Consolidated Fund introduced last year, that fund has to be in balance in the year. It cannot be overdrawn. This is the essential safeguard in the whole concept of the Consolidated Fund. It does however involve a minor problem in bringing to account unforeseen expenditure commitments arising in the year, and which are not provided for in the annual Parliamentary appropriations, but are subsequently covered by supplementary appropriations. The assurance that these commitments will not lead to an overdrawing of the Consolidated Fund comes primarily from close and continuous oversight of the total cash flows by Treasury and by the Government. However the Leader of the Country Party will remember that he mentioned this point last year, and raised the problem of the need to safeguard the pOSition. In turn this consideration points up the need for some greater degree of flexibility. Having "regard to both of the points I have made the Government has decided that instead of amending the Public Account Act to increase the $6 million provided there for Treasurer's Advance, the additional amount of $14 million necessary to bring the total advance to the $20 million justified on the present size of the Budget should be appropriated on the annual Appropriation Act. A question might be raised, why retain the Public Account Act proviSion? The answer is that in due course it may not be necessary, but some time is needed to test the situation, and for the Government and Treasury to feel their way with the working of the Consolidated Fund. The Government recommends this course to Parliament, but proposes to review the situation in the light of experience.

The crux of the Budget problem for 1971-72 was how to cover the increase in expenditure of $129 million in the current account sector of the Consolidated Fund, having regard to the fact that the net gain in 1971-72 from the new arrangements covering tax reimbursement grants


and pay-roll tax set down at the June 'Premiers' Conference was only $5·2 million. There is of course the normal increase in receipts that would have come from the tax reimbursement grant arrangements as they had been determined in the previous year, and apart from the new proposals. This increase is $59 million. So far as the railways are concerned the expected increase in receipts in 1971-72 is $9·8 million, after taking into account the effects of the recent increase in railway charges. Taking all other items of State taxation and revenue items combined, the expected net increase in receipts in 1971-72 is only $16 million. This is a smaller net increase than usual because last year we picked up $11 million of receipt duty which is non-recurring, but this year the Commonwealth is reimbursing us for what would be a full year's normal receipts from this source.

In total therefore, without any change in existing State tax conditions, we would have available an increase in receipts on current account of only $90 million towards meeting an increase in payments of $129 million. This would leave a gap of $39 million, an amount which is far too large to be absorbed in the capital sector of the Budget through the Works and Services Account without completely disrupting the works programme. In these circumstances action is necessary on the receipts side to preserve the equilibrium of the Budget.

This situation was known even when the Premiers Conference was in session in June last, and furthermore it is a situation which in general terms, and in varying degree, is common to all States. At the end of the Premiers Conference therefore, and after the Commonwealth had closed its deal on tax reimbursement arrangements, all States agreed that it would be necessary to obtain additional revenue from their own resources, and all agreed that it would be necessary to increase'the rate of pay-roll, tax, when it is taken over by the States, from the present rate of 2! per cent to 3! per cent. All States will be implementing this decision as from 1st September, 1971, and our enabling legislation will be introduced today. The additional revenue to be derived by Victoria in 1971-72 from the increase of 1 per cent in the rate of pay-roll tax from 1st September is estimated at $30 million. ,

So far I have spoken of increases in expenditure on current account above that of last year, and have deducted from that the increase in receipts to be expected this year without new Budget revenue measures. We have seen the difference between these two figures as $39 million. With $30 million from the additional 1 per cent on pay-roll tax this difference is reduced to $9 million in terms of what is required to meet increases in expenditure on current account in 1971-72. But if we were to simply look at the matter in terms of increases over last year we would be losing sight of the fact that expenditure in the current account sector of the Consolidated Fund exceeded the receipts of that sector in 1970-71 by $14 million. This was offset by the appropriation to the Works and Services Account in 1970-71 of' an amount which was $14 million less than the proceeds of loan raisings plus loan repayments and the Commonwealth works grant-items 8, 9 and 10 on the receipts side of the Consolidated Fund set out at page 4 of the Budget Papers. Thus if we were to set out to bring the current account sector into balance in 1971-72 we would still require to find an additional $23 million from new Budget revenue measures in 1971-72. The judgment on how far the Government should go in this matter comes back very much to a judgment on how much it is reasonably prudent to divert from loan raisings to support the current account. Our judgment has been that it would not be prudent to have this diversion at too high a figure having regard to the importance of the works programme. On the other hand we have judged

Sir Henry Bolte.

The [1 SEPTEMBER, 1971.] Budget. 87,

that new Budget revenue measures to the extent necessary to entirely eliminate a gap in the current account sector of the Consolidated Fund equally' would not be prudent. In the result we have struck what to the 'Government seems an appropriate compromise. We are proposing new revenue measures which should find an extra $14·5 million in 1971-72, leaving $8· 5 million to be covered on current account out of loan raisings. The revenue measures proposed are as follows.

, I~ the first place we propose a number of amendments to the Stamps Act to increase the rate of stamp duty in the following fields where stamp duty already applies. .

l. Cheques.

Stamp duty on cheques will be increased from 5 cents to 6 cents. 2. Marketable Securities.

Stamp duty on the transfer of marketable securities, for example shares, will be increased from the present rate of 20 cents per $100 of consideration payable both by the buyer and the seller to a new rate of 30 cents per $100 payable both by buyer and seller. This measure will be dependent on similar action in other States because of the obvious need for uniformity between States. Unless it were done in other States, the business of the Stock Exchange of Melbourne could be affected. The Government understands that the other States will act in the matter.

3. Land Transfers.

Stamp duty on land transfers will be increased. The present rate is Ii per cent up to a consideration of $7,000 and above that a rate of It per ~ent. The new rates will be--

Consideration up to $7,000 Over $7,000 to $15,000 Over $15,000 to $100,000 Over $100,000 to $500,000 Over $500,000 to $1 million Over $1 million

It per cent. Ii per cent. 2 per cent. 2t per cent. 21 per cent. 3 per cent.

Overall the effective increase in revenue terms will be some 25 per cent of present revenue.

4. Mortgages.

, Stamp duty on .mor.tgages i.s now at the rate of $4 flat on mortgages up to $8,000 and thIS wIll remaIn unchanged. Above that figure it is now $4 plus ·25 per cent on the excess over $8,000. The new rates will be----

Mortgages over $8,000 to $10,000: $4 plus ·30 per cent on the excess over

Mortgages over $10,000: $8,000.

$10 plus ·35 per cent on the excess over $10,000.

In revenue terms the over-all effective increase will be of the order of 20 per cent.

5. Leases. Stamp duty is now charged on leases at the rate of $1 per $100 of the

premium plus 50 cents per $100 of the rental element of the consideration. The new rates will be $1·20 per $100 of the premium and 60 cents per $100 on the rental element. . ,


6. Insurance Licences.

Companies operating in insurance pay stamp duty in the form of an annual licence assessed at 5 per cent of the premium income other than on life and third-party motor car insurance. This rate will become 6 per cent.

7. Instalment Purchase and Credit and Rental Business.

Stamp duty now applies in this field at the rate of 1·5 per cent of the amounts financed in an instalment purchase transaction, e.g., hire purchase, and credit business and 1· 5 per cent on the rent charged in rental arrangements. The new rate of duty in these cases will be 1·8 per cent.

8. Stamp Duty on Certificate of Registration and Transfer of Registration of Motor Vehicles.

Under this heading the present rate of stamp duty is 1 per cent on the value of the motor vehicle. The new rate of duty will be 1· 5 per cent.

The increase in revenue in 1971-72 from these proposals in the field of stamp duty will depend on the time from which the new rates will operate, and this in turn will depend on the passage of the enabling legislation which will be introduced today. For Budget purposes estimates have been based on operation from not later than 1st January next and the elements of the expected increase in revenue to be derived in 1971-72 are as follows:-

Stamp duty on- $ Cheques Transfers of marketable securities Transfers of land Mortgages Leases Insurance licences Instalment purchase agre~ments and credit and

rental business Certificate of registration or transfer of registration

of motor vehicles

TOTAL

Public Authorities (Contributions) Act.

700,000 1,000,000 2,500,000

200,000 100,000

2,400,000

800,000

1,900,000

9,600,000

The payments by the State Electricity Commission and the Gas and Fuel Corporation under the Public Authorities (Contributions) Act will be increased from 3 per cent to 4 per cent of total revenue. The gain to the 1971-72 Budget will be $2· 7 million.

Gift Duty. A new Gift Duty Act will be introduced to supplement the present

provisions in the Stamps Act relating to stamp duty on gifts. At present stamp duty is payable on the document evidencing a gift. Gifts such as cash gifts are not dutiable. The new Act will apply to all gifts whether evidenced by a document or not.

Mr. DouBE.-How will the Goverment police the payment of duty on cash gifts?

Sir Henry Bolte.


Sir HENRY BOL TE.-How does the Commonwealth Government police it?

Mr. DOUBE.-Does the Commonwealth police stamp duty on cash gifts?

Sir HENRY BOLTE.-Yes. Mr. WILKES.-If I gave you $100, who would know? Sir HENRY BOL TE.-I would know if the honorable member for

Broadmeadows gave me $100. It will be based largely on the provisions of the present South Australian Act. It is difficult to estimate the likely benefit to revenue in 1971-72, but a nominal amount of $200,000 has been included in the Budget.

All of the foregoing proposals provide for additional revenue to be derived from increases in existing charges. In looking over the field of existing charges, and having taken the decision along with all other States to lift the rate of pay-roll tax, the lack of elbow room to obtain essential revenue from existing revenue sources became very obvious. The need to expand State revenue sources is a matter bound up intrinsically with the whole problem of Commonwealth-State financial relations-which still awaits a solution-and the problem of Constitutional review. In the meantime government must proceed, education and hospitals must be kept going, and where useful fields of revenue can be found the Government must be ready to use them. Such a field exists in the nature of a tax in relation to transient accommodation provided by establishments such as hotels and motels. It is a tax to be found already in many countries. Examples are France, Germany, Austria, Italy, Netherlands, Switzerland, Spain, Japan, Singapore, Thailand, Taiwan, and Jamaica. It also exists in many of the Provinces of Canada and most States of the United States of America. The Government proposes to introduce a similar tax here to be levied on persons providing transient accommodation, such as at hotels and motels. The rate will be 10 per cent of the amount received for the provision of such accommodation. Surveys indicate that this tax could have a revenue potential of the order of $5 million to $6 million a year. This is a useful amount, and the Budget includes an expectation of $2 million this year. The legislation will be introduced today.

From all these revenue measures combined, as I indicated previously, the total gain to the Budget in 1971-72 is estimated at $14·5 million, and the enabling Bills are to be introduced today. It has always seemed to me that, if possible, the whole package should be on the table when the Budget is brought in so that all members, and particularly party leaders, can have the opportunity to understand the detailed outworking of what in Budget speech terms can be covered only briefly and in general principles. There are practical problems of course in the formulation and preparation of legislation in time, but these have been overcome this year, and the Government is in a position to put the whole package to the House on the same day. This will give time for consideration of all aspects of the Budget proposals as they will emerge in operative form, and for informed discussion of them to take place in the Budget debate.

Just to sum up the position before I turn to some specific observations on various matters which are customarily referred to in the Budget speech, the result of the decisions which I have outlined will be to keep the Consolidated Fund in balance for 1971-72 with an expected amount of $8·5 million on current account to be met from loan raisings.


EDUCATION. The total provision made for expenditure from the Consolidated Fund

on education during the current financial year is $416 million-an increase of $58·5 million over actual expenditure in 1970-71. This increase in itself is the same as the total provision for expenditure on education in the first Budget I presented to the House in 1955.

The substantial increase in education expenditure this year results. very largely from salary increases for the Teaching Service. The salary bill for teachers this year will rise by $36 million to $217 million, or by 20 per cent. This covers the appointment during 1971-72 of 2,000 additional teachers and 1,900 more teachers in training as w·ell as the· additional cost of salary awards.

Last year I announced the introduction of a new system of annual direct grants to schools, not subject to any matching requirements from local sources, and which replaced the previous complex system of subsidies and allowances. The aim was to give advisory councils and school committees greater responsibility and flexibility in their school improvement and maintenance programmes, and to start the new system off the Government added $1 million to the previous level of the funds available for these purposes. The scheme has proved very successful, and a total provision of $3·2 million will be available for grants to the schools in 1971-72.

The allocation from the works and services programme for all education in 1971-72 will be $55·4 million. This includes a special a.lIocation of $6 million in the general school building programme in accordance with the undertaking given in our policy speech to accelerate the building of schools and the provision of staff accommodation at schools by a total of at least $17 million over the three-year period commencing 1st July, 1970.

I find it interesting to recall that in my first Budget in 1955 the total provision for the education building programme was $11·6 million, and the figure of $55·4 million for 1971-72 which I have just mentioned is a clear demonstration of the result of the top priority which the Government has conSistently given to education in the allocation of available funds.

For the 1972 school year total enrolments at State schools are expected to exceed 600,000. Primary school enrolments are now growing at a rate of only 1 per cent per annum, which is the lowest rate of increase for more than 20 years, and this situation will continue for the next year or two. However, the number of primary school teachers is increasing by more than 650 or 3! per cent per annum. Increases in enrolments in the secondary and technical field are expected to be of the order of 8,000 in 1972, and in these schools over 1,000 additional teachers will be available for the new school year. -

The following figures illustrate in a dramatic way the growth of our high schools over recent years, and the significant improvements which have been and are being made in the staffing position in these schools. In 1963 there were 3,139 classes in high schools throughout the State and 39 per cent of these classes had more than 37 pupils in them. This year there are 5,098 high school classes and in only 17 per cent of this much larger number of classes are there more than 37 pupils. In regard to staffing I should draw attention to the fact that $1 million has been provided to cover the expenditure involved in the second year of the international teaching fellowships scheme. These fellowships have

Sir Henry Bolte.


proved a great success in bringing overseas teachers with high qualifications and differing backgrounds and experience into contact with both students and teachers in our schools. The Government has also approved of the recruitment of further teachers from overseas to improve the over-all staffing position in secondary and technical schools, and also to secure the benefits flowing from the availability of overseas training and experience in our schools.

A total amount of $58·7 million has to be found by the State this year for the three universities and the nineteen colleges of advanced education. This is an increase of $6·3 million over the corresponding expenditure in 1970-71.

The Government has again reviewed the range and amount of assistance which is made available for the registered school sytem, and has decided that as from 1st July, 1971, the per capita payments to approved registered schools for pupils at primary level will be doubled from $20 to $40. The total provision by the State Government in 1971-72 by way of assistance for the benefit of pupils in registered schools is estimated at $12 million.

The new Teacher Housing Authority, which was the subject of legislation passed in the previous session, has been appointed and is now taking over responsibility for the control and development of teacher housing. The necessary financial arrangements for the authority's operations are currently being settled.

SOCIAL WELFARE.

Special consideration has been given in the preparation of the Estimates of the Consolidated Fund to the requirements of the new Ministry of Social Welfare.

The total provision for expenditure by the Ministry in 1971-72 is $19·9 million-an increase of $3·3 million over the corresponding figure for last year.

The Ministry is currently giving consideration to the working out of its long-term objectives, but it is appropriate that I should mention here one or two aspects of the action which has already been taken. Approval has been given for the first steps in the regionalization of the full range of the department's services, and for the co-ordination of these services with the activities of other departments, and with local government and voluntary services. The first of these regional offices will be at Geelong and Preston.

The Ministry is paying special regard to the role of voluntary agencies in the administration of community welfare services. Provision has been made in the Budget for the creation of a fund of $250,000 to enable the Minister for Social Welfare to make special grants to these organizations.

The Government has reviewed the assistance which has been made available to date by the Hospitals and Charities Commission and the Social Welfare Department to children's homes which are caring for wards of the State. Following this review the Social Welfare Department has taken over the major responsibility in this field and as from 1st July last assistance towards running costs in appropriate cases will be based on maximum payments of $20 per week for children who are wards of the State and $10 per week for non-wards.


Expenditure from the Works and Services Account for the purposes of the Social Welfare Department during 1971-72 is estimated at $2·3 million or $700,000 higher than last year. The approved works programme includes the construction of further family group homes in both metropolitan and country centres, additional accommodation at Winlaton and Malmsbury youth training centres, new kitchen facilities at Turana and extensions of education facilities at Langi Kal Kal and Allambie.

Provision has been made for a start on new office accommodation to cost $250,000 for probation officers at the Children's Court and a total allocation of $525,000 has been made for improvements and additions at prisons.

The contribution to the Youth Organizations Assistance Fund for 1971-72 has been increased by $40,000.

HOSPITALS. In presenting the Budget for 1970-71 I indicated that the Government

had provided for increased grants of $9· 5 million from the Hospitals and Charities Fund towards the running costs of hospitals and other registered institutions in that year. In the event the series of wage awards handed down during 1970-71 led to serious difficulties for the hospitals and institutions concerned, and the Government, despite its own difficult budgetary situation, made available further grants totalling $9 million~ including $8 million to meet the cost of these awards.

In the two years from 1968-69 to 1970-71 the level of grants for hospitals and charities increased by over $28 million or 57 per cent, principally to assist in covering the cost of wage and salary awards. There are clearly limits to how far the community can be called upon to subsidize the running costs of hospitals in the face of wage increases of this order, and there was no alternative to the increases in hospital charges which were announced recently. The increased fee income will not be enough to cover the hospitals' requirements for the current financial year. It will, in fact, only cover about half of the cost in a full year of the 1970-71 wage awards.

For 1971-72 grants totalling $79·8 million will be available through the Hospitals and Charities Commission towards the running costs of hospitals and other registered institutions. This amount will be provided as to $77·6 million from the Consolidated Fund and $2·2 million in respect of motor car hospital payments. Allowing for the estimated additional revenue from fees, hospitals should have available for expenditure in 1971-72, $10·1 million more than last year. The increased level of funds allows for the full year effect of the awards handed down during 1970-71 as well as for the cost of new beds being brought into operation and for some improvement and expansion of services generally.

An amount of $13·5 million has been allocated from the Works and Services Account for expenditure during 1971-72 on buildings and equipment for hospitals, homes for the aged, and other charitable institutions.

Bush nursing hospitals will receive grants totalling $800,000 by way of assistance towards their running costs and approved capital projects and equipment.

Funds have also been provided to meet the expenses of two consultative councils which have been appointed by the Minister of Health to inquire into educational services for the pre-school child and the problem of road traffic deaths and the measures required to achieve a reduction of injuries and deaths arising from road accidents.

Sir Henry Bolte.


POLICE. Funds available to the Police Department in 1971-72 will be $44 million.

This is an increase of $9 million over expenditure during last financial year.

Provision for police salaries this year is $30 million and this figure allows for the recruitment of an additional 300 members by 30th June, 1972 as a first step in the plan to lift the authorized strength of the force in line with the recommendations of the St. Johnston report. A more vigorous recruiting campaign aided by the publicity from this report, and the combination of recent salary increases and better promotion prospects, have more than doubled the number of applicants desirous of joininK the force. Legislation will be introduced during the current session of Parliament to amend the Police Regulation Act to cover the introduction of the recommended new rank structure for the force. The Estimates provide for an additional number of motor vehicles and improvements to the radio network as a further contribution to the development of police mobility and communications.

The police works programme has been expanded for the current financial year and expenditure from the Works and Services Account is expected to be $1· 6 million compared with $1 million in 1970-71. Major projects which will be well under way this year include the new 24-hour pOlice station and district headquarters at Nunawading, and a 24-hour station at Greensborough. Expenditure on these two projects this year is expected to be $400,000. Work will also be proceeding on the construction of seven other new police stations as well as on an expanded programme of extensions and renovation works.

PROTECTION OF THE ENVIRONMENT. The community is becoming more and more concerned with the

vital question of the control of pollution and the protection of the environment. This is not a new question and it is one which has been a concern of most of our departments and authorities over the years and is interwoven with their operations and responsibilities. The Department of Health, State Rivers and Water Supply Commission, Forests Commission, Public Works Department, Soil Conservation Authority, Melbourne and Metropolitan Board of Works, Fisheries and Wildlife Branch, National Parks Authority and other bodies have all been playing a part in the control and solution of this problem.

However, more must be done and the sooner that some aspects of the matter are tackled the better. The Government's programme on environmental protection in relation to water, air, soil, noise and litter is now being centred on the Environment Protection Authority and the provisions of the Environment Protection Act. The authority has now been appointed and provision has been made for the appointment of technical and administrative staff to assist the authority in planning for the implementation of the Ac~.

Additional staff and funds will be available to the Fisheries and Wildlife Branch to enable it to proceed with two new environmental studies. One study will be concerned with Westernport Bay and the need to provide a scientific basis for the rational development of that area. This programme will be carried out under the direction of a committee consisting of representatives of both industry and government. The other new study is concerned with thermal pollution. The special problem of waste heat is a significant one which needs to be studied with particular reference to Australian conditions.

94. The [ASSEMBLY.] Budget.

For the past two years the Fisheries and Wildlife Branch, in conjunction with the Board of Works, has been carrying out a broadly based study of the environment of Port Phillip Bay. To date the emphasis has been on the collection of information on the chemical and physical condition of the bay but from now on the programme will be directed more specifically to a study of the biology of the bay.

As recently announced by the Minister of Water Supply the Government has made a special borrowing allocation of $500,000 this year to the Frankston Sewerage Authority to be applied specifically towards a speeding up of the house connection programme in Frankston in an endeavour to reduce the pollution problems in that rapidly growing area.

LIBRARY SERVICES. Provision has been made in the Budget for the expenditure of $2·8

million on the running costs of the State Library and for assistance to library services generally throughout the State.

Last year the Government increased to 80 cents the per capita ceiling which applies to the library grants paid to rural and outer metropolitan municipalities. The Budget allocations for regional library services were also substantially increased and funds were provided to enable the Library Council to provide special additional assistance to newly developing library services in outer metropolitan areas. .

For 1971-72 the increased provision which has been made includes $100,000 to meet the cost of opening the State Library on Sundays and an allocation of $215,000 to the Library Council for the purchase of books.

TRANSPORT. Railway earnings in 1970-71 totalled $108 million which was $2 million

more than the amount estimated in the Budget. Increased earnings resulted from a substantially greater movement of wheat than was originally expected, and from the collection from 17th January last of the levy on suburban passenger journeys which is collected by the commissioners and paid over to the Melbourne Underground Rail Loop Authority. Apart from these factors general goods, passenger and parcels traffic showed a downward trend.

The operating costs of the railways last year, quite apart from debt charges, were $129·2 million, or $7·7 million more than the figure estimated in the Budget. The full year effect of the large wage increases granted in 1969-70, coupled with even larger wage increases in 1970-71, led inevitably to a widening of the gap between railway earnings and expenditure. On a straight operating basis this gap was $21·2 million last year. Incidentally, the last award, which was made as this speech was written, will cost the railways an additional $6 million.

For 1971-72 the gap between operating earnings and costs is estimated to be $21· 7 million-slightly higher than last year, notwithstanding the effect of the recently increased fares and freights and an increased subsidy covering fare concessions for pensioners and scholars. This position results in the main from the full year effect of the substantial wage increases awarded to railway employees last year, together with awards which -have been made so far this year. In addition, wheat tonnage is not expected to reach last year's level. In my Budget speech last year I spoke of the problem for the State of the trend in the finances of both the railways and the Melbourne and Metropolitan Tramways Board. Sir Henry Bolte.

The [1 SEPTEMBER, 1971.] Budget. 9S

So far as the railways are concerned, I would like to make an observation at this pOint on the relationship of the form of the railway accounts to the Budget. I speak here only of this relationship in terms of accounting presentation. In earlier times, before the tum of the century, the railways were controlled by the politician-the Government and the Parliament. In due course administrative control was vested in the Railways Commissioners, but railway income still formed part of the Consolidated Revenue-now the Consolidated Fund-and railway working expenses continued to be a matter for Parliamentary appropriation. I have long felt that these very accounting arrangements have given no worth-while form of control by the Parliament in the sense that the Parliament exercises control through the power of appropriation, that they diminish the real powers of the Railways Commissioners in financial matters, and that they provide a blurred picture of railway finances. In short the arrangements belong to the 19th century and create confusion. It seems to me that it is the community subsidy to the railway system that should be the concern of the Parliament, and not detailed accounting arrangements. The presen-tation given now is by no means clear, and the elements of subsidy are blurred. The commissioners themselves have indicated in recent times what they believe to be the elements of subsidy hidden in the present system, though on examination the figures sometimes quoted lack reasoned justification. I think the time has arrived when these things should be sorted out, and because they are the concern of the Parliament I welcome the attention which the Committee of Public Accounts is giving to this matter. Perhaps I could observe in passing that I believe similar considerations apply in relation to the State Rivers and Water Supply Commission and the Forests Commission.

So far as the Tramways Board is concerned the board's finances have traditionally been completely separated from the State Budget, although over the years there have been payments flowing in one direction or the other. Honorable members will recall that in the earlier times the board, in line with statutory obligations stemming from its historical development, made annual contributions towards the costs of the Infectious Diseases Hospital and the Metropolitan Fire Brigades Board. The last of these statutory payments was abolished in 1954. The reason for these payments became blurred with the passage of time, but they originated as an offset to the transfer to the Government of certain loan liabilities of the early tramway trusts.

Since 1958 the Government has been making an annual payment to the Tramways Board towards the cost of fare concessions to pensioners and towards the board's cost of administering the pensioner fare scheme for both the railways and the tramways. I indicated in the Budget last year that the position had been reached where declining passenger numbers, combined with sharply increasing wage and cost levels, had placed the board in a position of critical financial difficulty, and that the Government was examining the board's problems in depth. .

Over the years the board has been meeting most of the cost associated with two areas which are not directly related to tramway operations as such. These are the construction and maintenance of road surfaces, not only between the tram tracks but for a distance of 18 inches beyond the outside rails, and the cost of fare concessions to scholars and pensioners. Having regard to the board's current position the Government has taken action to assist the board in these fields.


In the Budget session last year provision was made in the Motor Car (Fees) Act 1970 for the Treasurer to approve payments to the board from the Drivers' Licence Suspense Account towards the cost to the board of debt charges on roadworks and of the maintenance of roads. The Government believes that the motorist has an obligation to contribute towards this expenditure, which is being carried by the board, but which is over and above the costs associated with the tram tracks proper. Last year I approved the payment of $300,000 to the board for these purposes. The intention for future years is that payments to the board will as nearly as possible cover the full cost.

The allocation of the cost of major track construction and reconstruction projects between the road-user and the tramway varies significantly according to circumstances. However, in recognition of the benefits accruing to the road-user, and having regard to an over-all assessment of the relative costs involved, the Government has decided that for the future the Country Roads Board will in general meet one-half of the cost of approved tram track construction projects. In addition, provision has been made in the Budget for a special grant to the Tramways Board of $2·05 million to cover the cost to the board of providing fare concessions to pensioners and to students using scholars' periodical concession tickets. The total subsidy to the board in 1971-72 from all of these decisions is estimated at just on $3 million.

As honorable members will be aware construction work has now commenced on the Melbourne underground rail loop, and Governor in Council approval has been given to a total estimated expenditure of $6· 5 _ million on this project during 1971-72. $5·5 million of this amount will be financed from private borrowings raised against the authority's approved ., allocation in the semi-government borrowing programme. The balance will be met from the proceeds of the suburban rail fare levy and from payments of $20,000 each from the Melbourne City Council and the Melbourne and Metropolitan Board of Works in accordance with the provisions of the Melbourne Underground Rail Loop Act.

RURAL MATTERS.

When one speaks of rural matters today it is usually in terms of a crisis in export markets, of declining prices for primary products or the imposition of production quotas. These things are facts of life at the moment and they represent part of the challenge to the nation to face up to and adjust to fundamental changes which are occurring in our primary industries. I do not brush these problems aside. They are very real and very close to home. The Government has already shown in a practical way that it is prepared to do all in its power in the State field to assist in meeting these problems as well as being a partner in programmes initiated by the Commonwealth.

Over the past sixteen years the State Budgets which I have presented have featured many increased financial provisions to improve conditions for the man on the land, to improve the quality of our primary products and to improve facilities for country people generally. I see nothing in the present situation which requires the Government to take any different attitude on the great majority of things that are being done by and through our departments in country areas. Life must go on in the country, and the balanced development of the State requires that facilities for life in the country must go on being improved and expanded, albeit with some change

Sir Henry Bolte.


in emphasis here and there. Against this background I want to refer to a number of matters which have been covered in the estimated payments from the Consolidated Fund during this year. -

Training in farm management will become more and more important in the immediate years ahead, and it is pleasing to report that following the completion of the first stage of the building programme the new Glenormiston Agricultural College enrolled its first students for its farm management course this year. Funds have been approved for the completion of the second stage of the college development in time for the start of the 1972 academic year.

Funds have also been approved for the commencement of the proposed new scheme for the financing of soil and water conservation projects on farms. This scheme will be administered by the Rural Finance and Settlement Commission in conjunction with the Soil Conservation Authority. A more generous basis of assistance will be available to farmers through the Soil Conservation Authority for soil conservation projects.

The Government has given special consideration to the problems facing municipalities and other local government bodies in East Gippsland in carrying out restoration work following the very heavy flooding which took place during last February. ,Despite strong representations by our Government the Commonwealth refused to give any assistance towards this restoration work. However, having regard to the special circumstances involved, the State Government is reimbursing muniCipalities in full for the expenditure which they incurred last financial year in the initial urgent work of restoring communications and ensuring public safety. For 1971-72 the Government has approved special allocations of funds to the Country Roads Board and to the State Rivers and Water Supply Commission, in addition to their normal programmes, in order to give special assistance to local governing bodies towards the cost of restoration works.

During last financial year the Rural Finance and Settlement Commission made advances totalling $9 million in broadly equal proportions to primary producers and to secondary industries in country towns. The commission has virtually completed its programme for the development of land at Rochester and Heytesbury, and pasture development on the Palpara project in the Western District should be completed this year. Pending a determination of the final land use at Rochester and Heytesbury the pastures are being grazed by commission cattle. In addition to the usual classes of work undertaken for the Government under the agency provisions of the Rural Finance Act, the commission is acting as the administrative agency under the agreements with the Commonwealth for both the rural reconstruction scheme and the marginal dairy farm reconstruction scheme. This is an exacting task, but it is also one which is of vital importance to the future of the State's primary producers, particularly wool-growers and dairy farmers.

WORKS AND SERVICES PROGRAMME.

The total Government works programme approved by the Loan Council for the current financial year is $860 million, including $209·8 million by way of interest-free grants to be applied by the States towards non-revenue producing works expenditure. Victoria's share of this programme is $219·4 million.

Session 1971.-4

98 The [ASSEMBL Y.] Budget.

The above figures for the total works programme include provision for what would previously have been earmarked for housing under the Commonwealth-State Housing Agreement. The previous housing agreement expired on 30th June last and the Commonwealth Government has announced that it has decided not to renew the housing agreement, but that .it is prepared to .enter into a new system of arrangements with the States in regard to housing purposes. Details of these proposed new arrangements are currently under discussion with the Commonwealth, and the Minister of Housing will be giving further details on the new arrangements in due course. Honorable members will have heard the honorable gentleman answering questions on this matter today. It is still in a state of flux.

Expenditure of available funds from the Works and Services Account on the works programme will be covered by appropriations by Parliament and the usual series of works appropriation Bills will be introduced for the consideration of the House at an early date. At this stage I propose only to outline some of the major items which have received consideration in framing the 1971-72 works programme.

I have already referred to the increased allocations which have been made in the field of education, and which again represent the largest single item in the capital programme. I have also spoken of the significant increases in the police and social welfare works programmes. A special allocation of $18 million has been approved from the Works and Services Account for the Melbourne and Metropolitan Board of Works, representing the amount which the Government has undertaken to provide in 1971-72 towards the cost of the Cape Schanck outfall sewer project and the provision of sewerage facilities for the rapidly developing residential areas on the eastern fringe of the metropolis.

Funds allocated for water supply in the country will provide for the continuation of work on the new Rosslynne reservoir near Sunbury, on the South Otway pipeline to increase supplies to Warrnambool and on the augmentation of supplies to the rapidly developing Mornington Peninsula and Westernport areas. The West Moorabool Water Board is making good progress towards the completion of the Bungal dam.

In the semi-Government field, the new money borrowing programme to be raised by authorities in Victoria this year is $144·4 million. This programme will provide funds for a continuation of work on important community projects and services by statutory bodies, and the larger municipalities, in the fields of urban water supply, sewerage, drainage, electricity, gas, harbor facilities and roads. It is interesting to note that in the field of semi-Government borrowing, when I presented the Budget last year within two months of the start of the financial year $33 million was raised towards our allocation. During the same period this year, $53·5 million has been raised which, in two months, is an increase of over $20 million.

CONCLUSION.

Two things stand out in the Budget picture in terms of expenditure patterns. As to the increase in expenditure the dominant factor is the size of the increase in the wages bill arising from wage awards over the last twelve months. This is a reflection of a deep-seated feature of the national economy which it IS outside the capacity of the State to influence in any material sense, and yet which has a profound effect on our Budget costs.

Sir Henry Bolte.


As to expenditure in total terms, again this year, as in the past years, education takes the lion's share of the cake. This is as it should be of course, and how it will continue to be. With a financial provision of $416 million, representing 36 per cent of total Budget outlays, and over $2 million a day for each school day in the year, education in 1971-72 is a high cost though a sound investment. The weight of education expenditure and its growth particularly when combined with health and hospital expenditure which this year will be $165 million, leaves small room for improvement in other services if the calls on the taxpayers' pocket are not to be ignored. ..

Yet the total responsibility of government, and the social conscience, demand that some emphasis be given to other things, and in particular that new concerns are recognized. The Budget has recognized this need in the provision for progressive implementation of selected improvements in police services, in the emphasis it places on a policy in social welfare of aid to proven voluntary organizations, and in the emphasis given to the. protection of the environment. Above all we have sought to strike an appropriate balance between competitive demands in all fields, and to ensure the continued development of the State and the welfare of its people.

I thank the Committee for its patience. The Government is prepared to be generous in relation to the adjournment of the debate on the Budget. However, the sooner the taxing Bills are passed, the sooner revenue can be raised. I also point out that whoever the Treasurer may be, he will always have the problem of trying to make both ends meet, of having to determine the taxes that are to be imposed and how much is to be spent. How much is to be spent determines the amount of the taxes. I know that some honorable members will criticize this Budget, but I ask them to be constructive when they do so. If they consider that the taxes in this Budget are undesirable, honorable members should offer me an alternative which could be considered in the future. I am willing to listen to constructive suggestions for raising funds for the development of Victoria. I commend the Budget.

Progress was reported.

VOTES ON ACCOUNT.


Sir HENRY BOLTE (Premier and Treasurer).-I move-

That ·a sum not exceeding $185,996,800 be granted to Her Majesty on account for or towards defraying the following services for the year 1971-72:-

Division No.

1. Legislative Council-Expenses of Select Committees . . . . . . 2. Legislative Assembly-Salaries, General Expenses, and Other Services .. 3. Legislative Council and Legislative Assembly House Committee-Salaries, General

Expenses, and Other Services .. . . . . 4. Parliamentary Printing-Printing of Hansard, etc. .. 5. Parliament Library-Salaries and General Expenses 6. Parliamentary Debates-Salaries and General Expenses .. 7. Governor's Office-SCilaries, General Expenses, and Other Services ..

Sum Required for Three

Months Ending 31st December,

1971.

$

1,000 63,600

55,000 96,700 15,400 30,900 47.400

100

Division No.

Votes [ASSEMBLY.]

8. Premier's Office-Salaries, General Expenses, and Other Services

on Account.

9. State Film Centre-Salaries and General Expenses. . . . 10. Soil Conservation Authority-Salaries, General Expenses, and Other Services 11. Agent-General-Salaries and General Expenses . . . . . . 12. Public Service Board-Salaries, General Expenses, and Other Services .. 13. Public Service Board Electronic Data Processing Service Bureau-Salaries and

General Expenses 14. Audit Office-Salaries and General Expenses ... . 15. Chief Secretary's Office-Salaries, General Expenses, and Other Services 16. Totalizator Administration-Salaries and General Expenses 17. State Accident Insurance Office-Salaries .. 18. State Motor Car Insurance Office-Salaries 19. Workers Compensation Board-Salaries . . . . . . . . 20. Fisheries and Wildlife -Salaries, General Expenses, and Other Services 21. Government Shorthand Writer-Salaries and General Expenses 22. Government Statist-Salaries, General Expenses, and Other Services 23. Police-Salaries and General Expenses 24. Police Service Board-Salaries and General Expenses .. 25. State Library, National Museum and Science Museum Administration-Salaries

and General Expenses .. 26. State Library-Salaries, General Expenses, and Other Services .. 27. National Museum-Salaries, General Expenses, and Other Services .. 28. Science Museum-Salaries, General Expenses, and Other Services 29. National Gallery-Salaries, Genera] Expenses, and Other Services .. 30. Social Welfare Administration and Research and Statistics-Salaries, General

Expenses, and Other Services .. 31. Family Welfare-Salaries, General Expenses, and Other Services 32. Youth Welfare-Salaries, General Expenses, and Other Services 33. Prisons-Salaries, General Expenses, and Other Services 34. Training-Salaries, General Expenses, and Other Services .. 35. Probation and Parole-Salaries, General Expenses, and Other Services 36. Labour and Industry-Salaries, General Expenses, and Other Services 37. Education-Salaries, General Expenses, and Other Services .. 38. Teachers Tribunal-Salaries and General Expenses .. 39. Attorney-General-Salaries, General Expenses, and Other Services .. 40. Courts Administration-Salaries, General Expenses, and Other Services 41. Registrar-General and Registrar of Titles-Salaries and General Expenses 42. Registrar of Companies-Salaries, General Expenses, and Other Services 43. Rent Control-Salaries and General Expenses 44. Public Trustee-Salaries and General Expenses 45. Treasury-Salaries, General Expenses, and Other Services 45A.Advance to Treasurer 45B.Pay-roll Tax-Payments on Account of State Departments 46. Tender Board-Salaries and General Expenses 47. State Superannuation Board-Salaries, General Expenses, and Other Services 48. Registry of Co-operative Housing Societies and Co-operative Societies and Home

Finance Administration-Salaries, General Expenses, and Other Services 49. Taxation Office-Salaries, General Expenses, and Other Services 50. Stamp Duties-Salaries, General Expenses, and Other Services 51. Government Printer-Salaries and General Expenses . . . . 52. Crown Lands Administration-Salaries, General Expenses, and Other Services 53. Survey-Salaries, General Expenses, and Other Services 54. Botanic and Domain Gardens and National Herbarium-Salaries and General

Expenses ., .. 55. Public Works-Salaries, General Expenses, and Other Services 56. Ports and Harbors-Salaries, General Expenses, and Other Services 57. Local Government-Salaries, General Expenses, and Other Services .. 58. Valuer-General-Salaries, General Expenses, and Other Services 59. Weights and Measures-Salaries and General Expenses 60. Town and Country Planning Board-Salaries, General Expenses, and Other Services 61. Mines-Salaries, General Expenses, and Other Services


Months Ending 31st December.

1971.

$

172,300 43,000

226,500 40,400

182,700

111,600 159,900 162,800 17,000

157,000 201,000 22,000

428,700 17,150

147,500 10,636,000

2,250

83,800 263,300 47,000 28,300

237,000

251,800 2,632,800

862,100 1,201,700

46,600 135,700 488,000

63,700,000 20,000

421,300 1,410,100

467,900 125,500 18,000

205,600 14,160,000 5,000,000 4,430,000

72,000 117,000

57,000 252,000 250,000 969,000 706,700 447,200

87,800 2,400,000

635,000 136,600 129,900 72,300 91,700

357,400

Division No.

Votes [1 SEPTEMBER, 1971.]

62. Explosives- Salaries and General Expenses

on Account.

63. Gas Regulation-Salaries . . . . . . . . 64. Agriculture Administration-Salaries, General Expenses, and Other Services .. 65. Agricultural Education-Salaries, General Expenses, and Other Services 66. Agriculture-Salaries, General Expenses, and Other Services 67. Horticulture-Salaries, General Expenses, and Other Services 68. Animal Health-Salaries, General Expenses, and Other Services 69. Animal Industry-Salaries, General Expenses, and Other Services 70. Dairying-Salaries, General Expenses, and Other Services .. 71. Extension Services-Salaries, General Expenses, and Other Services " 72. Health Administration-Salaries, General Expenses, and Other Services 73. General Health-Salaries, General Expenses, and Other Services 74. Tuberculosis-Salaries, General Expenses, and Other Services . . . . 75. Maternal and Child Welfare-Salaries, General Expenses, and Other Services .. 76. Mental Hygiene-Salaries, General Expenses, and Other Services .. 77. State Development-Salaries, General Expenses, and Other Services .. 78. Immigration-Salaries and General Expenses .. 79. Industrial Development-Salaries, General Expenses, and Other Services 80. Ministry of Aboriginal Affairs-Contribution to Aboriginal Affairs Fund 81. Ministry of Fuel and Power-Salaries and General Expenses . . . . 82. Railway Construction Board-Salaries, General Expenses, and Other Services .. 83. Ministry of Transport-Salaries and General Expenses 84. Forests Commission-Salaries, General Expenses, and Other Ser"v'ices 85. State Rivers and Water Supply Commission-Salaries, General Expenses, and

Other Services . . . . . . 86. Railways-Salaries, General Expenses, and Other Services ..

Total

101


Months Ending 31st December,

1971.

$

44,200 14,200

500,500 342,500 464,200 591,500 384,500 236,500 340,800 43,500

12,961,000 1,500,000

873,000 2,070,000 8,000,000

229,600 29,000 51,300

112,000 15,300 19,300 17,000

1,142,000

3,814,000 36,145,000

185,996,800

This is the normal Supply Bill providing for the expenditure requirements of departments for the months of October, November and December. The previous grant of Supply expires at the end of this month and a further sum of $185,996,800 is required to cover departmental spending until the end of 1971 at current rates.

of Receipts and Payments for 1971-72 which were earlier circulated to honorable members.

When one considers that Show Week occurs in September, there is not a great deal of time for this Committee and another place to approve Supply. I am not saying that with the intention of speeding up the debate in any way; it is a straight-forward proposition.

Full particulars of the proposed expenditure under each of the divisions in the schedule, in respect of which Supply is now sought, are contained in the detailed Estimates


FINAL SUPPLEMENTARY ESTIMATES FOR 19·70-71.



That a sum not exceeding $5,105,318 be granted to Her Majesty on account for or towards defraying services for the year 1970-71, as printed in the Final Supplementary Estimates.

This is the third and final request to the Committee for its approval of supplementary provisions for the year 1970-71.

It is unique in my experience for three Supplementary Estimates to be presented in the one year. Supplementary Estimates in excess of $32

102 Public Authorities [ASSEMBLY.] ( Contributions)

million were approved in the autumn sessional period to cover the cost of wage awards made after the 1970-71 Budget was introduced; yesterday Supplementary Estimates dealing in particular with pay-roll tax were passed; and now the Committee is asked to approve of a further sum of $5,105,318, all of which has been spent.

1 will be happy to provide honorable members with any information required on any item. However, the bulk of the over-spending is confined to four items. They are-increased salaries and wages, including the cost of awards made since April, $871,000; increased expenditure through the Social Welfare Department, particul-

. arly payments made under the States Grants (Deserted Wives) Act and increased running costs of institutions, $924,000; additional contribution to the Hospitals and Charities Fund, $729,000; and additional railways expenditure, comprising the cost of earning additional income and payments of the suburban rail levy to the Melbourne Underground Rail Loop Authority, $1·347 million.


PUBLIC AUTHORITIES (CONTRIBUTIONS) (AMENDMENT)

BILL. The House went into Committee of

Ways and Means.


That under and subject to the Public Authorities (Contributions) Act 1966 as proposed to be amended by the Public Authorities (Contributions) (Amendment) Bill there shall be paid in each financial year to and for the use of Her Majesty her heirs and successors by each public authority a contribution of an amount -equal to four per centum of the total revenue of that authority in the last preceding financial year.

In this resolution "Public Authority" means-

(a) The Gas and Fuel Corporation of Victoria; and

(b) The State Electricity Commission of Victoria.


Leave was granted to Sir Henry Bolte (Premier and Treasurer) and Mr. Hamer (Chief Secretary) to bring in a Bill to carry out the resolution.

Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to amend the Public Authorities (Contributions) Act 1966, and moved that it be read a firs't time.

The motion was agreed to, and the BiU was read a first time.



As 1 explained in the Budget speech, it is the intention of the Government to increase the payments made by the State Electricity Commission and the Gas and Fuel Corporation to the Consolidated Fund from 3 per cent to 4 per cent of total revenue. 1 do not think any further explanation is necessary at this stage.

Mr. DOUBE.-Does this mean a rise in the price of gas and electricity?

Sir HENRY BOLTE.-No, 1 can give an assurance on that point. This is one case in which the man in the street will not be directly affected.

Mr. HOLDING (Leader of the Opposition) .-1 move-


1 make it clear that the Opposition does not intend to oppose this measure and wishes to facilitate the proceedings of the House, but it also wishes to reserve its rights to discuss the substance and principle of the Bill.

The motion for the adjournment of the debate was agreed to, and it was ordered that the debate be adjourned until Wednesday, September 8.

(Amendment) [1 SEPTEMBER, 1971.] Bill. 103

ACCOMMODATION TAX BILL. The House went into Committee

of Ways and Means. Sir HENRY BOLTE (Premier and

Treasurer) .-1 move-That under and subject to the Accommo

dation Tax Bill proposed to be enacted there shall be charged levied and collected for the use of Her Majesty her heirs and 'Successors a tax at the rate of 10 per cent upon the taxable receipts of a person who carries on or advertises or in any way holds himself out as carrying on the business of providing accommodation in Victoria.

In this resolution-"Accommodation" means casual lodging,

with or without board or other services, provided for guests in a hotel, motel, hostel, guest house, boa:rding house, lodging house, apartment house, club or similar establishment bu t does not include-(a) casual lodging in an establish

ment in which casual lodging is not provided for more than jour adult guests;

(b) casual lodging provided at a rate lower th'ana prescribed rate not exceeding $4 in respect of the occupation of the lodging over-night by one guest; or

( c ) casual lodging provided by a person prescribed under the regulations as a person exempt from the Bill in respect of the provisions by him of casual lodging in connexion with a religious charitable or philanthropic object;

"Taxable receipts" means the total of the amounts received for or in respect of the provision of accommodation after deducting from each amount(a) amounts in respect of goods or

services provided in addition to the provision of the accommodation in accordance with a speCific request and in respect of which a separate charge was made; and

(b) where the amount entitled a person to be proVlided with a meal, SUC!l amount in respect of the meal as is prescribed or as the Comptroller directs in la particular case.

Where a person fails to make a return as prescribed by the Bill he shall subject to and in accordance with the Bill be Hable to pay by way of additional tax double the amount of tax that was not paid because the return was not made as prescribed or the amount of $2 whichever is the greater.

Where tax is not paid within the time prescribed by the Bill additional tax shall be payable under and subject to the Bill at the ~ate of 10 per cent per annum upon the amount of tax unpaid.

This resolution does not apply to or with respect to-

(a) the provision of accommodation in an educational institution in connexion with a course of study provided by the institution or by another educatioIllal institution with which the first-mentioned institution is affiliated or associated;

(b) the provision of accommodation that is incidental to' the provision of-

(i) medical surgical or dental services;

(ii) geriatric services; or (iii) psychiatric treatment;

(c) the provision of accommodation for a person in an establishment in pursuance of an agreement whether or not in writing for a continuous period exceeding one month; or

(d) the provision of accommodation for a person in connexion with the practice of the profession or calling of that person being accommodation provided in an establishment under the control of a person with whom the first-mentioned person has a contract of service or employment.

The motion was agreed to, and the resolution was repo~ted to the House and adopted.

Leave was given to Sir Henry Bolte (Premier and Treasurer) and Mr. Hamer (Chief Secretary) to. bring in a Bill to carry out the resolution.

Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to make provision with respect to the imposition of a tax on and in relation to the business of providing casual accommoda~ion and for other purposes, and moved that it be read a first time. , The motion was agreed to, and the Bill was read a first time.


That this Bill be now read a second time. In the Budget speech I announced the proposal for a tax on transient accommodation. This Bill provides for the tax to be paid by persons in the business of providing casual accommodat,ion in hotels, motels, guest houses, clubs and simlilar establishments.

The tax will not apply to permanent or semi-permanent lodgingthat 'is, lodging for more than one

104 Pay-roll [ASSEMBLY.] Tax Bill.

month, to holiday houses, to small establishments not capable of providing lodging for more than four adults, or to -religious, charitable and educational institutions.

The rate of tax is 10 ner cent of the amount paid for accommodation. Where an inclusive charge is made, for example, for bed and breakfast the Bill provides for an amount repre~ senting the meall element in the charge to be deducted before calculating the tax.

THe Bill requires any person in the business of proViiding casual accommodation to register with the Comptroller of Stamps and to pay tax on a periodic return system.

More details of the clauses of the Bill are contained in the explanatory memorandum which is a!Uached to the Bill. I commend the measure to the House.

On the motion of Mr. HOLDING (Leader of the Opposition), the debate was adjourned.

It was ordered that the debate be adjourned until Wednesday, September 8.

PAY-ROLL TAX BILL. The House went into Committee of

Ways and Means. Sir HENRY BOLTE (Premier and

Treasurer) .-1 move-That under -and subjeCt ,to the Pay-roll

Tax Bill proposed to be 'enacted there shall be charged, levied and collected for the use of Her Majesty, her heirs and successors subject -as hereinafter provided in thi~ resolution, a tax at the rate of 3! per centum on the Itaxable wages thalt -are paid or payable by an -employer.

1. (1) For the purposes of this resolution taxable wages are, subject to section 4 of this resolution, wages that are paid or payable by an employer after the month of August, 1971 (whether in respeot of services performed or rendered before, during or after that month), and-

(a) are wages that 'are paid or payable in Victoria, (not being wages so paid or payable in respect of services performed or rendered wholly in one 'Other State);

(b) are wages that are paid or pa,yable elsewhere than in Victoria in respect of services performed or rendered wholly in Victon.a; or

(c) are wages that are paid or payable elsewhere than in Australia in respect of services performed or rendered mainly in Victoria-

except wages that-

(d) are paid :after the month of August, 1971 but were pay-able during or before :that month; -and

( e) have been included in a return made under the Commonwealth Act.

(2) For -the purposes of paragraph (a) of sub-section (1) of this section wages that are payable to 'a person by his employer, but have not been paid (not being wages that under the terms of employment are payable in Victoria or in another State) shall be deemed-

(a) where those wages are payable in respect of services performed or rendered wholly in Victoria-to be wages payable tD that person in Victoria;

(b) where those wages are not payable in respect of services performed or rendered WhDlly in Victoria or wholly in one other State and where the wages last paid or payable to that person by that employer were included 'Or are required to be included in a return under the Bill-to be wages payable to that person in Victoria; 'and

( c) where those wages are not deemed by paragraph (a) or (b) of this sub-secti'On or by any provision in a cDrrespDnding law of -a State that corresponds to either of 'those paragraphs to be wages payable to that person in Victoria or in another State-to be wages payable -to that person by that employer ,at the place wher-e that person last performed or rendered any services for th-at employer before those wages became payable.

(3) For the purposes of this section, where a cheque, bill of exchange, promissory note, money order or postal order issued by a post office Dr any other instrument is sent or given by an employer to a person or his agent at a place in Australia in payment of wages, those wages shall be deemed to have been paid at that place and to have been paid when the instrument was so sent or given.

2. Pay-roll tax shall be paid by the employer by whDm the taxable wages are paid or payable.

3. (1) FDr the purpose 'Of ascertaining the pay-roll tax payable by an employer, there shall, subject t'O this section, be deducted from the amount of the taxable wages included in a return or assessment under the Bill-

(a) where the return Dr assessment rel~tes to one mDnth-the prescnbed amount referred to in subsection (3); or

Pay-roll [1 SEPTEMBER. 1971.] Tax Bill. 105·

(b) where the return or assessment relates to a period of more than one month-for each month included in that period, the prescribed amount referred to in sub-section (3).

(2) For the purpose of ascertaining the pay-roll tax payable by an employer who was an employer during part only of a month, the amount to be deducted for that month from the amount of the taxable wages included in a return or assessment relating to that month or a period that includes that month shall be the amount which bears to the prescribed amount referred to in sub-section (3) applicable to the employer the same proportion as the number of days in that month during which the employer was an employer bears to the total number of days in that month.

(3) For the purposes of sub-section (1) and (2), the prescribed amount is-

(a) where the employer is not entitled under this section to claim another amount-the amount of $1,733.33; or

(b) where the employer is so entitledthat other amount.

(4) Where an employer is or was required under a corresponding law of a State to include any wages in a return made under that law relating to a month or relating to any other period and he is or was also required to include any taxable wages in a return under the Bill relating to that month or any month included in that period, a deduction shall not he made under this section from those taxable wages unless he has notified the Commissioner in the pre~cribed manner of an amount calculated in the prescribed manner not exceeding $1.733.33 which he claims to be entitled to deduct for that month or for each month included in that period and for subsequent months or for each month included in subsequent periods, as the case may require.

(5) Where an employer has lodged with the Commissioner a notification in accordance \vith sub-section (4), he is, if a determination under sub-section (6) or (7) has not been made in respect of that employer, entitled, in any return relating to the month or period in which he served the notification on the Commissioner, or relating to a subsequent month or period to claim, as the prescribed amount, the amount specified in the notification.

(6) If an employer is entitled, in accordance with sub-section (5) to claim an amount as the prescribed amount and the Commissioner is of the opinion that that amount is unreasonably high, the Commissioner may make a determination specifying an amount, not exceeding $1,733.33, that may be claimed by the employer and the amount so specified shall, notwithstanding sub-section (5), be deemed to be the amount

that that employer was or is entitled to claim as the prescribed amount in any return relating to a month or period-

(a) that ends in the financial year in which the determination is made and is specified in the determination (whether the month or period so specified is before or after, or is the month or period during which the determination is made); or

(b) that ends in any subsequent financial year.

(7) The Commissioner may, on an application made to him in writing by an employer, at any time make a determination specifying an amount, not exceeding $1,733.33, that may be claimed by that employer as the prescribed amount or may at any time make such a determination of his own motion, and the amount so specified shall, notwithstanding any other provision of this section, be deemed to be the amount that the employer is, in the return relating to the month or period in which the determination is made and to any subsequent month or period, entitled to claim at the prescribed amount.

(8) The Commissioner shall, as soon as practicable after making a determination under sub-section (6) or (7) serve notice of the determination on the employer concerned.

(9) Where ,the amount to be deducted in pursuance of this section from the amount of any taxable wages included in any return or assessment relating to a period included in any financial year exceeds the amount of the taxable wages included in that return or assessment, the amount of the excess shall be deducted from the taxable wages included in the return or assessment next made by or on the employer relating to a period included in that financial year.

4. .. Taxable wages" do not include wages paid or payable-

(a) by the Governor of a State;

(b) by a religious or public benevolent institution, or a public hospital;

(c) by a hospital which is carried on by a society or association otherwise than for the purpose of profit or gain to the individual members of the society or aSSOciation;

(d) by a school or college (other than a technical school or a technical college) which-

(i) is carried on by a body corporate, society or associatiori otherwise than for the pur~~~profitorg~n ~ the individual members of the body corporate, society or


association and is not carried on by or on behalf of the State of Victoria; and

(ii) provides education at or below, but not above, the secondary level of education;

(e) by a municipality or by any union or partnership of which aU the members are municipalities except to the extent that those wages are paid or payable-

(i) for or in connection with; or

(ii) for or in connection with the construction of any buildings or the construction of any works or the installation of plant, machinery or equipment for use in or in connection with-

the supply of electricity or gas, water supply, sewerage, the conduct of abattoirs, of public markets, of parking stations, of cemeteries, of crematoriums or of hostels or of any other activity that is a prescribed activity;

(f) to members of his official staff by-(i) a consular or other represen

tative (other than a diplomatic representative) in Australia of any other part of Her Majesty's Dominions or of any other country; or

(ii) a Trade Commissioner representing in Australia any other part of Her Majesty's Dominions;

(g) by a specialized agency as defined by section one of the Convention on the Privileges and Immunities of the Specialized AgenCies which was adopted by the General Assembly of the United Nations on the 21st November, 1947;

(h) by the Commonwealth War Graves Commission;

(i) by the Australian-American Educational Foundation;

(j) to a person who is a member of the Defence Force of the Commonwealth or of the armed forces of any part of Her Majesty's Dominions, being wages paid or payable by the employer from whose employment the person is on leave by reason of his being such a member.

5. (1) Where the wages included or required to be included in returns relating to a financial year made or to be made by an employer under the Bill, or under the Bill and under a corresponding law of one or more States-

(a) in the case of an employer who was an employer in Australia during the whole of that financial year-do

not exceed the amount prescribed in sub-section (4) in respect of that financial year; or

(b) in the case of an employer who was an employer in Australia during part only of that financial yeardo not exceed an amount that bears to the amount prescribed in subsection (4) in respect of that financial year the same proportion as that part of the financial year bears to that financial year-

the Commissioner shall, upon application by the employer made in accordance with sub-section (3), refund or rebate to that ,employer the amount of pay-roll tax paid or payable, as the case may be, by him to the Commissioner in respect of that financial year or part.

(2) Where the total deductions made, in accordance with section 3 or with a provision of a corresponding law, from the wages included or required to be included in returns relating to a financial year made or to be made by an employer under the Bill, or under th'e Bill and under a corresponding law of one or more States-

(a) in the case of an employer who was an employer in Austr.alia during the whole of that financial yearare less than the amount prescribed in sub-section (4) in respect of that financial year; or

(b) in the case of an employer who was an employer in Australia during part only of that financial yearare less than an amount (that amount being referred to in paragraph (b) of sub-section (5) as "the proportionate amount") that bears to the amount prescribed in sub-section (4) in respect of that financial year the same proportion as that part of the financial year bears to that financial year-

the Commissioner shall, upon application by the employer made in accordance with sub-section (3)-

(c) where the employer has not included and is not required to include any wages paid or payable in respect of that financial year or that part of the financial year, as the case may be, in a return made under a corresponding law of a State, refund or rebate to the employer an amount equal to the pay-roll tax paid or payable, as the case may be, by him to the Commissioner upon the amount of the deficiency; or

(d) where the employer has included or is required to include wages paid or payable in respect of that financial year or that part of the financial year, as the case may be in a return made under a corresponding law of a State and in a return

Pay-roll [1 SEPTEMBER, 1971.] Tax Bill. 107

made under the Bill, refund or rebate to the employer an amount equal to the pay-roll tax paid or payable, as the case may be, by him to the Commissioner upon-

(i) the amount of the deficiency referred to in paragraph (a) or (b), as the case may require; or

(ii) the amount, if any, by which the calculated deductions applicable to him in respect of that financial year exceed the total deductions actually made by him in accordance with section 3 in respect of that financial year or part-

whichever amount is the lesser. (3) An application under sub-section (1)

or (2) shall be made within the financial year next following the financial year in respect of which the refund or rebate is applied for.

(4) For the purposes of sub-sections (1) and (2)-

(a) the amount prescribed in respect of the first financial year after the commencement of this Act, is the amount of $17,333.33; and

(b) the amount prescribed in respect of any subsequent financial year is $20,800.

(5) For the purposes of sub-section (2) the calculated deductions applicable to an employer in respect of a financial year are an amount-

(a) where the employer was an employer (whether or not only in Victoria) during the whole of that financial year-that bears to the amount prescribed under sub-section (4) in respect of that financial year; or

(b) where the employer was an employer (whether or not only in Victoria) during part only of that financial year-that bears to the proportionate amount ascertained in accordance with paragraph (b) of subsection (2) and applicable to that employer-

the same proportion as the total taxable wages included or required to be included in returns made by that employer under the Bill relating to months or other periods ending in that financial year bear to the total wages included or required to be included in returns made by that employer under the Bill and under a corresponding law of one or more States relating to months or other periods ending in that financial year.

(6) Where a person who, during any part of a financial year, did not pay and was not liable to pay, taxable wages satisfies the Commissioner that, by reason of the nature of his trade or business, the taxable wages

paid or payable by him fluctuate with different periods of the financial year the Commissioner may treat him-

(a) if he has conducted that trade or business during the whole of the financial year-as an employer throughout the financial year; or

(b) if he has conducted that trade or business during part only of the financial year-as an employer during that part of the financial year.

(7) Notwithstanding anything contained in this section, the total amount refunded or rebated to any employer in pursuance of this section in respect of any financial year shall not exceed the amount of pay-roll tax paid or payable by him to the Commissioner in respect of that financial year.

6. Where an employer fails to make a return as prescribed by the Bill he shall subject to and in accordance with the Bill be liable to pay by way of additional tax double the amount of tax that was not paid because the return was not made as prescribed or the amount of $2 whichever is the greater.

7. Where tax is not paid within the time prescribed by the Bill additional tax shall be payable under and subject to the Bill at the rate of 10 per centum per annum upon the amount of tax unpaid.

8. (1) In this resolution, except in so far as the context or subject-matter otherwise indicates or requires-

" Australia" means the States of the Commonwealth;

" Commissioner" means the person holding office as Commissioner of Pay-roll Tax;

"Commonwealth Act" means the Payroll Tax Assessment Act 1941, as subsequently amended, of the Commonwealth;

" company" 'includes 'all bodies 'and associations (corporate ·and unincorporate) and partnerships;

"corresponding law", in relation to another State means a l'aw in force in that State relating .to the imposition upon employers of 'a tax on wages paid or payable by them and the assessment and collection of that tax, but does not include the Commonwealth Act;

" employer" means ·any person who pays or is liable to pay ·any wages and includes ,the Crown in right of the State of Victoria and any public, local or municipal body or authority constituted under the law of the Commonwealth or a State


unless, being ,an authority constituted under the law of Ithe Commonwealth, it is immune from the operation of the Bill;

" financial year" means the period commencing on ·the 1st September, 1971, and ending on the 30th of June, 1972, and each year thereafter commencing on the first day of July;

" pay-roll tax" means pay-roll tax chargeable under the Bill;

" person" includes 'a body or associ ation (corporate or unincorporate) and a partnership;

"wages" means 'any wages, salary, commission, bonuses or ·allowances paid or payable (whether at piece work rates or otherwise ·and whether paid or payable in cash or in kind) to an employe as such and, without limiting the generality of the foregoing, includes-

(a)

(b)

(c)

(d)

'any payment made by way of remuneration :to ·a person holding an office under the Crown in right of the State of Victoria or in the service of the Crown in right of ·the S tate of Victoria;

any payment made under any prescribed classes of contracts to ,the extent to which that payment 'is 'attributable to labour;

any payment made by a com-pany by way of remuneration to a director or member of the governing body of that company;

any payment made by way of commission to 'an insurance or time-payment canvasser or collector; and

(e) Ithe provision by the employer of meals or sustenance or the use of premises or quarters as consideration or part consideration for the employe's services.

(2) For the purposes of this resolution, meals or sustenance provided by an employer shall be deemed to have a V'al~e of One dollar fifty cents per week or, In any particular case or class of cases, such other value as is prescribed in respect of that case or class of cases, and the use of premises or quarters provided by 'an employer shall be deemed to have a value of fifty cents per week or, in any particular case or class of cases, such other value ,as is prescribed in respect of that case or class of cases.

(3) For the purposes of .this 'resolution, the Australian Capital Territory (including the Jervis Bay Territory) and the Northern Territory of Australia are together deemed to be a State of the Commonwealth.

(4) Notwithstanding ,any other provision of this resolution, 'a reference in this resolution to taxable wages does not include a reference to wages that 'are subject to tax under the Pay-roll Tax Assessment Act 1941, as subsequently amended and ·the Pay-roll Tax Act 1941, as subsequently amended, of the Commonwealth, except wages that-

(a) are paid 'after :the month of August, 1971, but were payable during or before that month; and

(b) have not been included in a return made under the Commonwealth Act.


Leave was given to Sir Henry Bolte (Premier and Treasurer) and Mr. Hamer (Chief Secretary) to bring in a Bill to carry out the resolution.

Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to impose a tax upon employers in respect of certain wages; to provide for the assessment and collection of the tax; and for purposes connected therewith, and moved that it be read a first time.

The motion was agreed to, and the Bill was read a first time.



This Bill provides for the imposition of a State pay-roll tax to operate from 1st September, 1971, as foreshadowed in the Budget speech.

The Bill closely follows the present Commonwealth Pay-roll Tax Assessment Act and departs from it only where necessary to provide for a State basis of taxation. For taxpayers generally the change from a Commonwealth tax to a State tax will be a smooth transition, and employers who now pay tax to the Commonwealth will not be required to take

Gift Duty [1 SEPTEMBER, 1971.] Bill. 109

any action to register as taxpayers in Victoria because they will automatically be registered.

In addition, return forms will be only slightly different from those now in use. Employers will continue to get the existing level of concessional deductions from their annual pay-roll.

The Bill provides for municipalities to be exempt from tax except in respect of their business undertakings. This will effectively provide municipalities with additional funds amounting to about $1· 75 million per annum. This is the only exemption additional to those contained in the present Commonwealth Act and the cost of the exemption will be borne by the Commonwealth.

The Bill has been drafted in close collaboration with other States and the Commonwealth to ensure uniformity of provisions.

The explanatory memorandum which is attached to the Bill provides details of the clauses. I commend the Bill to the House.

On the motion of Mr. HOLDING (Leader of the Opposition) , the debate was adjourned.


GIFT DUTY BILL. The House went into Committee

of Ways and Means.


1. That under and subject to the Gift Duty Bill proposed to be enacted there shall be charged, levied, collected, and paid for the use of Her Majesty as hereinafter provided in this resolution in respect of gifts, duty at the rates set forth in the Schedule to thiR resolution.

2. (1) In this resolution unless inconsistent with the context or subject-matter-

" Commissioner" means the Commissioner of Probate Duties under the Probate Duty Act 1962 and includes any deputy Commissioner of Probate Duties.

"Controlled company" means a corporation that is under the control of not more than five persons and that is neither a corporation in which the public are substantially interested nor a subsidiary of any corporation in which corporation the public are substantially interested.

" Corporation" means a corporation as defined in the Companies Act 1961.

" Disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, whether at law or in equity, and, without limiting the generality of the foregoing, includes-

(a) the allotment or issue of shares, in or debentures of a corporation;

(b) the creation of any trust in property;

(c) the grant or creation of any lease, mortgage, charge, encumbrance, easement, licence, partnership, power, option or other right, whether at law or in equity, or any interest in property;

(d) the release, discharge, surrender, forfeiture, renunciation, disclaimer, or abandonment at law or in equity of any debt, contract or chose in action, or of any interest in property;

(e) the exercise, whether solely or jointly with any other person or with or without the consent of any other person, of a general power of appointment in favour of any person other than the holder of the power;

(f) for the purposes only of subsection (12) and (13), the distribution by a controlled company of a dividend upon shares held in that company or of interest on money advanced to that company whether the dividend or interest be paid to the shareholder or creditor entitled thereto or accumulated or invested on his behalf or credited in his name to a loan account or fund however designated or otherwise held or dealt with on his behalf or as he may permit or direct;

(g) any thing or things done or omitted to be done by any person, or any thing or things done or omitted to be

110 Gift Duty [ASSEMBLY.] Bill.

done by two or more persons, either jointly or separately, as a result of which-(i) the total property or the

value of the total property of any person is diminished; and

(ii) the total property or the value of the total property of any other person is increased-

whether that result ensued from the doing of or the omission to do one or more of those things and whether or not the total property or the value of the total property of the person referred to in sub-paragraph (i) of this paragraph was diminished at the same time as the total property or the value of the total property 0f the person referred to in sub-paragraph (ii) of this paragraph was increased-

" Donee" means a person to whom a gift is made and, where the gift is made to a trustee for the benefit of another person, 'includes both the trustee and the beneficiary;

cc Donor" means a person by whom a gift is made;

cc General power of appointment .. includes any power or authority which enables the donee, or would enable him if he were of full capacity, to make an appointment in relation to, or dispose of, any property, or to charge any sum of money upon any property, as he thinks fit for his own benefit, but does not include any power exercisable by any person, in a fiduciary capacity, for the benefit only of others arising under a disposition not made by himself, or as tenant for life, or as mortgagee;

cc Gift .. means any disposition of property which is made (whether with or without an instrument in writing) otherwise than by will, without consideration in money or money's worth passing from the person to whom or in whose favour the disposition is made to the person by whom the disposition is made, or with any such consideration so passing if the consideration is not fully adequate;

cc Gift duty" means the duty chargeable under this resolution;

cc Interest in property" means any estate interest, right or power whatsoever: whether at law' or in equity, in or over property;

" Property" includes real and personal property, any debt, any chose in action and any estate, interest, right or power whatsoever, whether at law or in equity, in or over property;

cc Territory of the Commonwealth" includes a territoty under ,the trusteeship of the Commonw~alth;

"Voluntary contr,act" means '::1 contract or agreement entered into (whether with or without an instrument in writing and whether such contract or agreement was made before or after the commencement of this Act) without fully adequate consideration in money or money's worth.

(2) For the purposes of the definition of "controlled company" in sub-section (1)-

(a)

(b)

:a corporation shall be deemed to be a subsi<Uary only if, by reason of the beneficial ownership of shares therein, the corporation is under the control of a corporation which is not a controlled company or of two or more corporations none of which is a controlled company;

a corporation shall be deemed to be a corporation in which the public are substantially interested only if-

(i) shares of the corporation (not being shares in respect of which a fixed rate of dividend, whether with or without a further right to participate in profits, is payable) carrying more than twenty-five per centum of the 'voting power have been allo'nted to, or acquired by, and are at the relevant time beneficially owned by, the public, not including a controlled company;

(ii) the right to transfer those shares is not restricted; land

(iii) those shares are, in the opinion of the Commissioner, generally available for purchase by the public;

(c) 'a corporation shall be deemed to be under the control of not more than five persons-

(i) if any five or fewer persons together possess, or are entitled to acquire, more than one half of the share capital of the corpor:ation;

(ii) if any five or fewer persons together possess the majority of the voting power at a general meeting of the corporation;


(iii) if any five or fewer persons together exercise, or are 'able to exercise, or 'are entitled to acquire, direct or indirect control of 'the affairs of Ithe corporation and they cannot be deprived of that control by the t!xercise of the voting power of any other person or persons ;at any meeting of the corporation; or

(iv) if any five or fewer persons together possess, or ;are entitled to acquire, either more than half of the issued share capital of the company, or such part of that capital as WOUld, if the whole of the income of the company were in fact distributed at Ithe relevant time to the members, entitle them to receive more than half of [he amount so distributed; and

(d) in determining whether a corporation is or is not under 'the control of not more than five persons, a person who is related to another person and that other person, a person who is a nominee of another person and that other person 'and any other nominees of th'at other person, persons in par-tnership, or persons interested in any shares or obligations of the corporation which 'are subject to ,any trust or are part of the estate of a deceased person, shall be treated as one person.

(3) For 'the purposes of paragraph (d) of sub-section (2)-

(a) a person shall be deemed to be related to another person if one of those persons is the lineal issue, brother, sister, lineal issue of ,a brother or sister, spouse, ancestor of the spouse, brother or sister of the spouse, spouse of the brother or sister of the spouse, lineal issue of the brother or sister of the spouse, spouse of the lineal issue, spouse of a brother or sister, spouse of the lineal issue of a brother or sister, or spouse of the lineal issue of a brother or sister of the spouse, of the other of those persons; and

(b) ,a corporation shall be deemed to be related-

(i) to a person-if the corporation isa controlled 'company 'and any of the persons by whom it is controlled is related, as mentioned in paragraph (a), to that person;' or

(ii) to ,another corpornfjon-if Ithose corporations are controlled companies and if any of the persons by whom either of those corporations is controlled are related, as mentioned in paragraph (a), to any of the persons by whom the other of Ithose corporations is controlled.

(4) A reference in paragraph (a) of subsection (3) to lineal issue includes a reference--

(a) to a step-child; (b) to an adopted child; and (c) to a natural child-

'and a step-child shall, for the purposes of this section, be deemed to be related to any other person in Ithe same manner ,as he would be if he were the child of both his step-parent and the 'spouse of his stepparent.

(5) For the purposes of paragraph (d) of sub-section (2), a person is deemed to be the nominee of another person if, whether directly or indirectly, he possesses on behalf of that other person or may be required to exercise on the direction of or on behalf of that other person any right or power in relation to a corporation.

(6) Where a debt, contract, chose in action or interest in property becomes irrecoverable or unenforceable by action or other process through lapse of time, it shall unless the Commissioner is satisfied that it was not rendered so irrecoverable· or unenforceable for the purpose of evading or avoiding gift duty-

(a) for the purposes of paragraph (d) of the defini'tion of "disposition of property" in sub-section (1) , be deemed to have been released, discharged, surrendered, forfeited, renounced, disclaimed or abandoned; and

(b) for the purposes of this resolution, be deemed to have been released, discharged, surrendered, forfeited, renounced, disclaimed or abandoned at the time when it became so irrecoverable or unenforceable.

(7) Where, after any debt, contract, chose in action or interest in property has been released, discharged, surrendered forfeited, renounced, disclaimed or abandoned as mentioned in sub-section (6) so as to constitute a gift, there passes from the donee to the donor any consideration that. had the debt, contract, chose in action or interest in property not become irrecoverable or unenforceable, would have been consideration to which the donor was entitled on account of the debt, contract chose in action or in.terest. in property, the passing of 'that conslderatIon shall, for the purposes of this resolution, be deemed not to be a gift.

112 Gift Duty [ASSEMBLY·1 Bill.

(8) Where any consideration in relation to a contract passes from one party to the contract to another party to the contract and that contract is void, the passing of the consideration shall, where the Commissioner is of the opinion that, having regard to the nature of the contract, to the circumstances in which the contract was entered into, to any relationship of one party to the contract to any other party to the contract and to any other circumstances that the Commissioner thinks relevant, the contract was bona fide entered into in the course of an ordinary commercial transaction and was not entered into for the purpose of evading or avoiding gift duty, be deemed, for the purposes of this resolution, not to be a gift.

(9) Where-(a) any consideration in relation to a

contract passes from one party to the contract to another party to the contract and that contract is void; and

(b) there passes from that other party to the first-mentioned party any consideration that, had the contract not been void, would have been consideration to which that first-mentioned party was entitled under the contract-

the passing of the consideration as mentioned in paragraph (b) shall, where the Commissioner is of the opinion that, having regard to the nature of the contract, to the circumstances in which the contract was entered into, to any relationship of one party to the contract to any other party to the contract and to any other circumstances that the Commissioner thinks relevant, the contract was bona fide entered into in the course of an ordinary commercial transaction and was not entered into for the purpose of evading or avoiding gift duty, be deemed, for the purposes of this resolution, not to be a gift.

(10) For the purposes of this resolution(a) a disposition of property referred to

in paragraph (g) of the interpretation of "disposition of property" in sub-section (1) shall, notwithstanding any other provision of this Act, be deemed to take effect at the time when the total property or the value of the total property of the person referred to in subparagraph (ii) of that paragraph is increased;

(b) 'the value of the property in any such disposition shall, notwithstanding any other provision of this resolution, be deemed to be an amount that is equivalent to the amount by which 'the total property or the value of the total property of the person referred to in sub-paragraph (i) of that paragraph is diminished;

(c) notwithstanding any other prOVISlon of <this resolution, the person referred to in sub-paragraph (i) of that paragraph shall be deemed to be the person by whom a disposition or gift is made and the person referred to in sub-paragraph (ii) of that paragraph shall be deemed to be the person in whose favour or to whom a disposition or gift is made;

(d) in determining whether or not an increase in the total property or the value of the total property of a" person has occurred and, if so, the amount of the increase, no allowance shall be made in respect of any contingency affecting the interest of the person in whose favour or to whom a disposition or gift is made; and

(e) in determining whether or not a diminution in the tO'tal property or the value of the total property of a person has occurred and, if so, the amount of the diminution, no allowance shall be made in respect of any contingency affecting the interest of the person by whom a disposition or gift is made.

(11) Without limiting the generality of the interpretation of "disposition of property" in sub-section (1), where the total property or the value of the total property of a person is diminished as the result, directly or indirectly, of any thing or things done or omitted to be done by a controlled company of which that person is a director, shareholder or creditor or in which that person has a pecuniary interest, or by a person as a director, shareholder or creditor of a controlled company, whether such thing o.r things was or were done by the controlled company or that person alone or together with any other person or persons-

(a) that first-mentioned person shall, for the purposes of this resolution, be deemed to have made a disposition of property and to be, to the exclusion of any other person, the person by whom the disposition is made;

(b) a disposition of property referred to in paragraph (a) shall be deemed to take effect at the time when the diminution referred to in this sub-section takes place; arid

(c) the value of the property in any such disposition shall be deemed to be an amount that is equivalent to the amount of that diminution, ascertained without any allowance being made in respect of any con-


tingency affecting the interests of the person by whom the disposition is made.

(12) Where-(a) a disposition of property-

(i) (whether by way of dividend, interest or otherwise but not being an allotment or issue of shares) is made by a controlled company, either alone or together with any other person or persons, to one or more of its members or creditors; or

(ii) (being an allotment or issue of shares) is made by a controlled company whether or not to one of its members; and

(b) the resolution or other decision whereby the disposition was made or the obligation to make the disposition was created resulted, either wholly or partly and either directly or indirectly, from the exercise of a right or power that was possessed or, by the constitution of the controlled company expressed to be possessed, by any particular person, either alone or together with any other person or persons or by the exercise of a right or power that was possessed or, by the constitution of the controlled company expressed to be possessed, by him, a particular person, either alone or together with any other person or persons, could have prevented the passing of the resolution or the making of the other decision whereby the disposition was made or the obligation to make the disposition was created-

and that particular person, either alone or together with any other person or persons, could have exercised that or any other right or power whereby a disposition of that property or of property of equivalent value could have been made by the company to himself or themselves, that particular person or that particular person and that other or those other persons, as the case may be, shall for the purposes of this resolution, be deemed, to the exclusion of any other person, to have been the person or persons by whom the disposition of the property is made.

(13) Notwithstanding any other provisions of this resolution, a disposition of property referred to in sub-section (12) and deemed pursuant to that sub-section to have been made by a person other than the controlled company shall, for the purposes of this resolution. be deemed to have been made without consideration except to the extent that the consideration, if any, that passed from the person to whom the disposition is made to the person or persons

by whom the disposition is made or to the controlled company was, in the opinion of the Commissioner, fully adequate having regard-

(a) to the nature ,and extent of the right or power that could have been exercised by the person or persons by whom the disposition is made, as referred to in that sub-section;

(b) to any increase in the total property or the value of the total property of the p3rson to whom the disposition is made that resulted from the disposition;

(c) to the nature and extent of the respective shareholdings of the shareholders of the company; and

(d) to any other circumstances that he thinks relevant.

(14) For the purposes of sub-section (13), the disposition of property shall be deemed to have been made for adequate consideration-

(a) where the disposition (in the case of a distribution of dividend or an allotment or issue of shares) is made, and all such dispositions (if any) made during the previous three years were made, to all the shareholders of the company in proportion to their respective paidup shareholdings (not being shareholdings entitled to a fixed rate of dividend); or

(b) to the extent thiat the person or persons deemed by sub-section (12) to be the person or persons by whom the disposition is made disposes or dispose of such property to himself or themselves.

(15) Nothing in sub-section (12) shall be construed so as to prevent any disposition of property made bya controlled company otherwise than as is mentioned in that sub-section from being a disposition of property for the purposes of this resolution.

(16) Where a gift is made by a controlled company that is incorporated under the law of a State other than this State or of a Territory of the Commonwealth, but is carry· ing on business in Victoria, and gift duty is payable in respect of the gift by reason of paragraph (b) of sub-section (1) of section 4 the gift shall, for the purposes of this resolution, be deemed to have been made to the donee by each member of the controlled company to the exclusion of any other person and the value of the gift made by each such member shall, fur the purposes of this resolution, be deemed to be an -amount that bears to the value of the property comprised in the gift the same proportion as ,the value of his paid-up shareholding in the controlled company bears to the value of the paid-up capital of the controlled company.


(17) Where ·a gift is deemed under subsection (16) to have been made by a member (in this sub-section referred to as the "donor controlled company") of a controlled company Ithat is itself 'a controlled company, a gift of the v·alue deemed by that sub-section to have been made by the donor controlled company shall, for the purposes of this resolution, be deemed to have been made Ito the donee by each member of the donor controlled company to the exclusion of 'any other person 'and the value of the gift made by each member of the donor controlled company shall, for the purposes of this resolution, be deemed to be ·an amount that bears to that value the same proportion ·as the value of that member's paid-up shareholding in the donor controlled company bears to Ithe value of the paid-up capital of the donor 'controlled company.

(18) Wi,thout limiting the generality of the interpretation of "gift" in sub-section ( 1 ), where a person has a right to recover any money which is due and payable to him 'and does not take ·all reasonable steps to enforce payment of that money during the period of twelve months commencing on the date upon which the money first became due and payable or during any subsequent period of twelve months, ·a gift shall, for the purposes of this resolution, be deemed to have been made at the expir·ation of each such period, ,and in respect of 'any such period the value of the gift shall be deemed to be the amount of interest that would have accru·ed at Ithe expiration of Ithat period if interest, calculated ·at the rate of seven per centum per annum or such other rate as is fixed from time to time by Ithe Governor in Council by notice published in the Government Gazette, on the ·amount unpaid ·at <the commencement of that period had been payable, or where any. interest was :actually paid or payable dunng that penod, Ithe amount of interest so calculated reduced by the interest actually paid or payable: Provided that this sub-section shall not apply in :th·e case of a contract bona fide entered into in the course of an ordinary commercial transaction which is not entered into for the purpose of evading or avoiding gift duty. For the purposes of .this subsection a debt pay·able on demand In respect of which no demand has been made shall be deemed to be due on each anniversary of the day on which the debt was incurred.

(19) Where ·a gift of property is made by two or more persons jointly, the gift shall, for the purposes of this resolution, be deemed to have been made by each of them severally ,and the value of ,the gift made by each of them shall, for the purposes of this resolution, be deemed to be an 'amount that bears to the total value of the gift the s'ame proportion 'as the value of his interest in the property immediately before the gift was made bears to the value of the property.

(20) Where the doing of or omission to do any two or more things constitutes a disposition of property within the meaning of this resolution, the fact ·th·at anyone of those things its·elf constitutes such a disposition shall not prevent the doing of or omission to do thos·e ,two or more things from constituting such a dispOSition or 'the doing of or omission to do that one thing from constituting such a disposition.

(21) Where a disposition of property arises by reason of the doing of or omission to do any two or more 'things 'and that disposition is a gift in respect of which gift duty is payable ,and any one or more of thos·e things itself constitutes a disposition of property that is a gift in respect of which gift duty is payable the Commissioner may remit such part of that lastmentioned gift duty 'as he thinks fit.

(22) Notwithstanding any other provision of this resolution, where a gift that is a disposition of property referred to in subsections ( 11 ) to (18) inclusive has been made before the coming into operation of the Bill gift duty shall not be payable in respect thereof 'and it shall not be taken into account in ascertaining whether gift duty is payable in respect of any other gift made by ,the same donor or in ascertaining the amount of any gift duty so payable.

3. For ,the purpose of calculating the gift duty payable under this resolution in respect of ·a gift, a reference in the schedule to the value of ·all relevant gifts shall be construed as a reference to the sum of-

(a) the value of the gift in respect of which the 'calculation is being made; and

(b) the value of all other gifts made-(i) at the same time ·as the gift

referred to in paragraph (a), and within eighteen months previously (whether wholly or partly before the commencement of the Bill or not) ·and within eighteen months subsequently; 'and

(ii) by the same donor who made the gift referred to in paragraph (a) ,to the same or to any o!th'er donee.

4. (1) Subject to the provisions of the Bill gift duty shall be payable in respect of every gift made after the commencement of the Bill-

(a) where the property the subject of ithe gift is situated in. Victoria at the time when the gift is made; and

(b) where the property the subject of the gift is personal property situated outside Victoria at the time when the gift is made if-

(i) either the donor or the donee, in either case not being a


(ii)

(iii)

corporation, is, at the time the gift is made, domiciled or resident in Victoria; either the donor or the donee is a corporation incorpora-ted or resident in Victoria; or the donor-

(a) is a corporation incorporated under the law of a State other than this State or of any Territory of the Commonwealth;

(b) is, at the time when the gift is made, a controlled company; and

(c) is carrying on business in Victoriaand gift duty would not, but for the provisions of this subparagraph, be payable under the proVisions of this resolution in respect of the gift..

(2) Notwithstanding the p'rovisions of paragraph (b) of sub-section (1), gift duty shall not be payable where-

(a) the property the subject of the gift is situated ou tside the limits of the Commonwealth;

(b) at the time :the gift is made the donor is domiciled or resident outside the limits of the Commonwealth; and

(c) neither the situation of the property nor the domicile or residence of the donor had been. remoV'ed from the limits of :the Commonwealth with the object of avoiding or evading liability to gift duty.

(3) Where a gift is made by a corporation, being a donor referred to in sub-paragraph (iii) of paragraph (b) of sub-section (1) and the corporation also carries on business outside Victoria the gift shall, for the purposes of this resolution, be deemed to be an amount that bears to the value of the personal property the subject of the gift the same proportion as the value of the assets of the corporation that are situated in Victoria bears to the value of its total assets wherever situated.

5. The gift duty payable in respect of a gift shall be an amount calculated on the value of the gift at the rate per centum in the second column of the schedule opposite the value of all relevant gifts, specified in the first column of that schedule, made by the donor.

6. (1) Where the amount of gift duty payable in respect of a gift and calculated at the appropriate rate specified in the schedule is less than $5, no gift duty shall be assessed by the Commissioner or payable in respect of that gift.

(2) In ascertaining any remission of duty to be made in respect of a gift or any deduction to be made from the value of a gift, all other gifts made by the same donor to the same donee within eighteen months previously and within eighteen months subsequently shall, toge,ther with the gift, be regarded as one gift.

7. (1) A disposition of property made or taking effect in pursuance of or in performance or satisfaction, whether wholly or in part, of a voluntary contract shall, for the purposes of this resolution, be deemed to be a gif.t when and so far as the disposition has affected the property or any of the property to which the contract or agreement relates.

(2) FOT the purposes of this resolution, a gift shall be deemed to be made after the commencement of the Bill if the disposition of property comprised in the gift is made or takes effect on or afteT the day specified under the Bill to be the "prescribed day", notwithstanding that a contract or agreement or instrument of title which relates to the property or any part thereof was made or executed before the commencement of the Bill.

8. For the purposes of this resolution(01) shares in or debentures of a corpora

tion jncorporated in Victoria shall be deemed to be property situated in Victoria whether the shares or debentures are recorded in a register kept 'in Victoria or -elsewhere;

(b) shares in or debentures of a corporation incorpo'rated outside Victoria shall be deemed to be property situated in Victoria if they are recorded in a branch register of the company in Victoria;

(c) where the total property or the value of the total property of a person is diminished as mentioned in paragraph (g) of the interpretation of "disposition of property" in subsection (1) of section 2 or in subsection (11) of that section, the property ,the subject of the disposition shall be deemed to be personal property situated in Victoria in the case where the donor is domiciled or resident in Victoria and personal property situated outside Victoria in any other case; and

(d) property at sea in the course of transit to Victoria shall be deemed to be property situated in Victoria.

9. (1) Notwithstanding anything contained in the resolution but except as provided in sub-section (2) gift duty shall not be payable in respect of-

(01) a contribution by an employer to, or for the purpose of establishing, a bona fide scheme of superannuation, retirement benefit, or pension


(b)

(c)

(d)

(e)

for his employes, or any class or classes of his employes, or their dependants;

a payment made by an employer, or by the trustees of a fund established by an employer for the purpose of making payments to an employe or the dependants of an employe, in consequence of the retirement of an employe from the service of the employer or in consequence of his death, where the payment is or payments are not excessive having regard to the remuneration of the employe at the time of his retirement or death, to his length of service with the employer and to any payments made to other employes in similar circumstances and such other relevant facts as may be submitted to or otherwise known to the Commissioner;

any gratuity or bonus paid by an employer to an employe during the continuance of the employment where the gratuity or bonus is paid in recognition of special or faithful services rendered and is not excessive having regard to the remuneration of the employe, to his length of service with the employer and to any payments made to other employes in similar circumstances and such other relevant facts as may be submitted to or otherwise known to the Commissioner;

any payments in lieu of wages or salary made by an employer to an employe during his illness or invalidity where the payments are not excessive having regard to the wages or salary to which the employe is ordinarily entitled and to any payments made to other employes in similar circumstances and such other relevant facts as may be submitted to or otherwise known to the Commissioner;

any gift which would be allowed as a deduction under section 21 of the Probate Duty Act 1962 if it were otherwise subject to duty under that Act or for charitable purposes;

(f) any gift to or by the Commonwealth or a State of the Commonwealth;

(g) any gift where the Commissioner is satisfied-

(i) that the value of the gift together with all other gifts made by the same donor to the same donee, whether at the same time, within eighteen months previously (whether wholly or partly before the commencement of this Act or not) or within eighteen months subsequently,

does not exceed in the aggregate $200 and that the gift is made as part of the normal expenditure of the donor; or

(ii) that the gift is made for or towards the maintenance of the wife, husband, child or other person dependent on the donor or for or towards the education or apprenticeship of a child or other person dependent on the donor and is not excessive in amount having regard to the legal or moral obligations of the donor to afford the maintenance, education or apprenticeship;

(h) any premiums, not exceeding $500 per annum, paid by a person on insurance policies effected by him on his own life and expressed to be for the benefit of his wife or any of his children; or

(i) any moneys paid by an employer to an employe who is a member of or attached to the Naval, Military or Air Forces of the Commonwealth for the purpose of augmenting the employe's pay as a member of any of those Forces.

(2) In this section" bona fide scheme of superannuation retirement benefit or pension" means a scheme of superannuation retirement benefit or pension-

(a) created or arranged by an employer for the benefit of his employes and operated under the terms of an instrument of trust executed by or on behalf of the employer; or

(b) created for the benefit of employes and approved by the Commissioner for the purposes of this resolution.

(3) Where any payment, gratuity or bonus referred to in paragraph (a), (b), (c) or ( d) of sub-section (1) is found to be excessive within the meaning of that paragraph, gift duty shall be payable under this resolution only on the part of the payment, gratuity or bonus by which the payment, gratuity or bonus exceeds any part thereof that is found not to be excessive.

10. Where, by virtue of section 9 gift duty is not payable in respect of a gift, the value of the gift shall not be taken into account in ascertaining whether gift duty is payable in respect of any other gift made by the same donor or in ascertaining the amount of any gift duty so payable.

11. Where any disposition of property is made and consideration in money or money's worth passes from the person to whom the disposition is made to the person by whom it is made but the disposition constitutes a gift for the purposes of the Bill by reason

Gift Duty. [1 SEPTEMBER, 1971.] Bill. 117

of the consideration not being fully adequate, the value of the gift shall, for the purposes of the Bill, be the extent of that inadequacy.

12. For the purpose of computing the value of a gift-

(a) no allowance shall be made in respect of any contingency affecting the interests of any donee;

(b) subject to the Bill, the value of the gift shall be taken to be its value at the time it is made; and

( c) no deduction shall be allowed in respect of any mortgage, charge, encumbrance or liability affecting or incident to the property comprised in the gift existing at the time it is made, if and so far as the donee is entitled as against the donor or any other person or as against any other property to any right of indemnity or contribution in respect of the mortgage, charge, encumbrance or liability.

13. (1) Where any disposition of property is made subject to a reservation of any benefit or advantage in favour of the person by whom the disposition is made, and the whole or any part of that benefit or advantage is subsequently made the subject of a gift from the person by whom the disposition is made to the person to whom it is made, the subsequent gift shall be deemed

to have been made at the time of the earlier disposition or upon the commencement of the Bill, whichever is the later.

(2) Where a disposition of property is made--

(a) in consideration of a sum payable on demand or at a future date and upon terms agreed between the persons by whom and to whom the disposition is made; or

(b) in part as a gift and in part in consideration of a sum payable on demand or at a future date and upon terms agreed between the persons by whom and to whom the disposition is made-

that consideration shall be deemed not to be a reservation of benefit or advantage for the purposes of sub-section (1).

14. Where a person evades or attempts to ·evade the payment of any gift duty by failing to comply with the Bill he shall be liable to pay by way of additional gift duty doubled the amount of the gift duty that he evaded or attempted to evade by that failure.

15. Where gift duty is not paid within the time prescribed by the Bill additional tax shall be payable under and subject to the Bill at the rate of 10 per cent per annum.

SCHEDULE.

Where the value of all relevant gifts-The rate per centum of duty on the value

of the gift in question

Does not exceed $4,000 . . . . Exceeds $4,000 and does not exceed $10,000 Exceeds $10,000 and does not exceed $20,000 Exceeds $20,000 and does not exceed $30,000 Exceeds $30,000 and does not exceed $40,000 Exceeds $40,000 and does not exceed $50,000 Exceeds $50,000 and does not exceed $60,000 Exceeds $60,000 and does not exceed $70,000 Exceeds $70,000 and does not exceed $80,000 Exceeds $80,000 and does not exceed $100,000 Exceeds $100,000 and does not exceed $150,000 Exceeds $150,000 and does not exceed $200,000 Exceeds $200,000



Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to provide for the imposition, assessment

shall be-

Nil 3t 4t 5t 6t 7t 8t

. 9t lot lIt 14t 19t 22

and collection of a duty on certain gifts, to amend the Stamps Act 1958 and for other purposes, and moved that it be read a first time.




118 Stamps [ASSEMBLY.] Bill.

It implements the proposal outlined in the Budget speech relating to gift duty. The Bill supplements the longstanding provisions in the Stamps Act imposing stamp duty on documents evidencing a gift. The' new gift duty will apply to all gifts where the aggregate of gifts made by a donor within eighteen months before and after making the gift exceeds $4,000.

The rates of gift duty proposed are the same as the existing rates of stamp duty that apply to gifts over $4,000 evidenced by documents. Gifts evidenced by documents will still be liable for stamp duty on the same basis as before, but where the aggregate of gifts exceeds $4,000 the Bill allows a rebate from gift duty of any such stamp duty paid. Charitable gifts are exempted from gift duty and other exemptions include employers' superannuation contributions, bonuses and payments in respect of employees in the armed forces.

Further details of the clauses are contained in the explanatory memorandum attached to the Bill. I commend it to the House.

On the motion of Mr. HOLDING (Leader of the Opposition), the debate was adjourned.


STAMPS BILL. The House went into Committee of

Ways and Means.


That under and subject to the Stamps Act 1958 as proposed to be amended by the Stamps Bill there shall be charged and paid for the use of Her Majesty upon any instrument specified hereunder the duties speCified hereunder:-

1. BILLS OF ExCHANGE AND PROMISSORY NOTES-

$ c. (1) BILL OF EXCHANGE payable

on demand (cheque &c.) 0 . 06

Exemptions-The same exemptions as are specified under the heading "1. BILLS OF ExCHANGE AND PROMISSORY NOTES- " in the Third Schedule to the Stamps Act 1958.

2. IV. (A) TRANSFER OF MARKETABLE

(a)

(b)

SECURITIES-With respect to sales and purchases

included in a return under subsection (1) of section 60c of the Stamps Act 1958 duty calculated on the total consideration for each sale and purchase as follows:-

(i) Where the total consideration is less than $100 at the rate of 7 cents for every $25 and also for any fractional part of $25; and

(ii) Where the total consideration is $100 or more at the rate of 30 cents for every $100 and also for any fractional part of $100-

of the sale price or the purchase price as the case may be; and

Upon the transfer of any marketable security or right in respect of shares of any corporation company or society which has a register in Victoria in which such marketable securities or rights are registered not being a transfer to perfect a sale or purchase to which subdivision (4A) of Division 3 of Part II. applies-

(a) where such transfer is made for a consideration in mon.ey or money's worth of not less than the unencumbered value of the marketable security or the right in respect of shares comprised in the transfer-

where the amount or value of the consideration for the transfer-

does not exceed $IOO-a stamp duty at the rate of 14 cents for every $25 and also for any fractional part of $25; exceeds $100-a stamp duty at the rate of 60 cents for every $100 and also for any fractional part of $100-

of the amount or value of that consideration;

(aa) where such transfer transfers the beneficial interest in a marketable security or right in respect of shares from one company to another company where one of such companies is the beneficial owner of not less than ninety per centum of the issued

Stamps [1 SEPTEMBER, 1971.] Bill. 119

share capital of the other company or where not less than ninety per centum of the issued share capital of each of the companies is beneficially owned by a third company and the transfer was not executed in pursuance of or in connection with an arrangement whereunder the consideration for the transfer was to be provided directly or indirectly by a person other than a company which at the time of the execution of the transfer was associated with either the transferor or the transferee or whereunder the beneficial interest transferred was previously transferred directly or indirectly by such a person as aforesaid.

For the purposes of this paragraph-

(i) .. Company" includes corporation or society; and

(ii) a company shall be deemed to be associated with another company if, but not unless, one of them is Ithe beneficial owner of not less than ninety per centum of the issued share capital of the other or not less than ninety per centum of the issued share capital of each of them is in the beneficial ownership of a third company-

where the value of the marketable security or right in respect of shares comprised in the transfer-

does not exceed $100-a stamp duty at the rate of 14 cer..ts for every $25 and also for any fractional part of $25;

exceeds $100 - at the rate of 60 cents for every $100 and also for any fractional part of $100-

of that value;

(b) where such transfer is made for a consideration which is or includes a consideration in money or money's worth of less than the unencumbered value of the market-

able security or the right in respect of shares comprised in the transfer-

(i) as to the amount of such consideration-

where such amount does not exceed $100 - a stamp duty at the rate of 14 cents for every $25 and also for any fractional part of $25;

where such an amount exceeds $100-at the rate of 60 cents for every $100 and also for any fractional part of $100;

(ii) as to the difference between such amount and such unencumbered value-

the same duty assessed in the same manner and with the same exemptions as on a deed of settlement or gift of property;

(c) in any other case-the same duty assessed in the

same manner and with the same exemptions as on a deed of settlement or gift of property.

Exemptions-The same exemptions as are specified under section 60B of the Stamps Act 1958 and under the heading .. IV (A) TRANSFER OF MARKETABLE SECURITIES-" in the Third Schedule to the Stamps Act 1958.

3. VI. (A)-CONVEYANCE OR TRANSFER ON SALE OF ANY REAL PROPERTY OR ANY ESTATE OR INTEREST THEREIN-

Where the amount or value of the consideration for the sale exceeds $20 but does not exceed $7,000-

In respect of such consideration for every $100, and also for any frac-

$ c.

tional part of $100 1.50

Where the amount or value of the consideration for the sale exceeds $7,000 but does not exceed $15,000-

In respect of such consideration for every $100, and also for any frac-tional part of $100 1.75

Where the amount or value of the considera-


tion for the sale exceeds $15,000 but does not exceed $100,000-

In respect of such consideration for every $100, and also for any frac-

$ c.

tional part of $100 2.00 Where the amount or

value of the consideration for the sale exceeds $100,000 but does not ,exceed $500,000-


Where the amount or value of the considera-tion for the sale ex-

ceeds $500,000 but does exceed $1,000,000-

In respect of such consideration for every $100, and also for any fractional part of $100

Where the amount or value of the consideration for the sale exceeds $1,000,000-

$ c.

2.50


Exemptions-The same exemptions as are specified under the heading "VI. (A) CONVEYANCE OR TRANSFER ON SALE OF ANY REAL PROPERTY OR ANY ESTATE OR INTEREST THEREIN-" in the Third Schedule to the Stamps Act 1958.

4. VI. (B)-LAND TRANSFER-Under the Transfer of Land Act 1958---or any corresponding previous enactment-

(1) Upon every direction under Division one of Part II. or Division five or six of Part IV. of the Transfer of Land Act 1958 for the certificate of title to issue to any person other than the applicant on a sale of the land mentioned or referred to in the direction

(2) Upon every consent to an application whereby the consenting party relinquishes any estate or interest for valuaMe consideration

(3) Upon every application to bring land under the Act by any person who has purchased such land without having paid the duty in respect of a conveyance or transfer thereof to him

(4) Upon every transfer of land on a sale thereof

Where the amount or value of the consideration for the sale exceeds $20 but does not exceed $7,000-

In respect of such consideration for every $100, and also for any fractional part of $100 ..







Where the amount or value of the consideration for the sale exceeds $500,000 but does not exceed $1,000,000-


Where the amount or value of the consideration for the sale exceeds $1,000,000-


$ c.

1.50

1. 75

2.00

2.25

2.50

3.00 Exemptions-The same exemptions as on conveyance or transfer on sale of any real

property or any estate or interest therein.


5. VII. PARTITION or division of any real property or any estate or interest therein where any consideration is given for equality: Instruments for effecting same-

Where the amount or value of the consideration paid or given or agreed to be paid or given for equality exceeds $20 but does not exceed $7,000-

In respect of such consideration for every

$ c.

$100, and also for any fractional part of $100 1.50

Where the amount or value of the consideration paid or given or agreed to be pa'id or given for equality exceeds $7,000 but does not exceed $15,000-

In respect of such consideration for every $100, and 'also for ·any frac-,tional part of $100 .. 1 .75

Where the amount 'or value of the consideration paid or given or agreed to be paid or given for equality exceeds $15,000 but does not exceed $100,000-

In respect of such consideration for every $100, and also for ·any fractional part of $100 2.00

Where the ·amount or value of the consideration paid or given or -agreed to be pa'id or given for equality exceeds $100,000 but does not exceed $500,000-

In respect of such consideration for every $100, and also for any fractional part of $100 2.25

Where the -amount or value of the consideration paid or given or -agreed to be paid or given for equality exceeds $500,000 but does not exceed $1,000,000-

In respect of such consideration for every $100, and also for any fractional part of $100 2.50

Where the ·amount or value of the consideration paid or given or agreed to be paid or given for equality exceeds $1,000,000-

In respect of such consideration for every $100, and also for 'any fractional part of $100 3.00

6. VIII. LEASE or agreement for -a lease of any lands or tenements for 'any definite or indefinite 'term-

(1) Where the consideration or any part of ,the consideration not being by way of rent moving either to th·e lessor or to any other person consists of any money or marketable security-

in respect of such consideration for every $100, and ,also for -any fractional

$ c.

part of $100 1.20

(2) Where the consideration or ·any par:t of the considera1tion is any rent-

(a) in respect of a lease for -any definite term of less than twelve months, exceeding in the aggregate $130-

in respect of such consideration for every $100, ·and also for any frac-tional part of $100 .. 0.60

(b) in respect of a lease for any definite 'term of not less than twelve months, at a rate exceeding $130 per annum-

in respect of the total of such consider:ation for the full term of the lease, for every $100, 'and -also for every fra c t ion 'a I part of $100 0.60

(c) in respe-ct of a lease for any indefinite term, 'at a rate exceeding $130 per -annum-

in respect of such consid e r -a t ion whether reserved as a yearly rent or otherwise, for every $100, 'and


also for every fr.a c 't i a on 'a I part of $100

$ c.

per annum 1 .20 (3) Partition or division of the in

terest of a lessee under a lease of lands or tenements, where any consideration is given for equality: Instrument for effecting same-

where the amount or value of the consideration paid or given or agreed to be paid or given for equality exceeds $20-

in respect of such consideration for every $100, and also for any fractional part of $100 $1.20

(4) For every transfer or assignment ( otherwise than by way of gift) of any lease where the consideration or any part of the consideration for such lease is any rent at a rate exceeding $130 per annum-

(a) where the lease is for a definite term-

in respect of each year and fractional part of a year of the unexpired portion of the term, $0.60, and in addition in respect of each $100 land fr-actiona I part of $100 of the yearly rent payable at the date of the transfer or assignment whether reserved as a yearly rent or otherwise, $0.60;

(b) where the lease is for an indefinite term-

$3 . 00, and in addition in respect of each $100 and fractional part of $100 of the yearly rent payable at the date of the transfer or assignment whether reserved as a yearly rent or otherwise, $0.60.

(5) For every transfer or assignment by way of gift of any lease-

the same duty assessed in the same manner and with the same exemptions as on a deed of settlement or gift of property.

Exemptions-The same exemptions as are specified under the heading-" LEASE or agreement for a lease of any lands or

tenements for any definite or indefinite term-" in the Third Schedule to the Stamps Act 1958.

7. XI. ANNUAL LICENCE-(a) To be taken out by any company

person or firm of persons whether corporate or unincorporate carrying on in Victoria any assurance or insurance business, and whether the head office or principal place of business of such company person or firm of persons is in Victoria or elsewhere-

$12 for every $200 or part of $200 of premiums of any kind whatsoever received or in any manner charged in account by any such company person or firm or by its his or their agents during the twelve months preceding the year for which such licence is taken out. Such premiums shall be the gross premiums and be counted so as to include any commission or discount, but to exclude the gross amount of premiums, including commission and discount, in respect of re-insurance effected in Victoria with any other such company person or firm if such reinsurance was not made pursuant to any prior obligatory agreement in writing between the insurer and the re-insurer for the acceptance of risks by way of re-insurance and the duty in respect of anyone annual licence shall not in any case be less than $200.

Exemptions-The same exemptions as are specified under the heading-" XI.ANNUAL LICENCE- " in the Third Schedule to the Stamps Act 1958.

(b) Return of insurance or assurance business under section llOA of the Stamps Act 1958-stamp duty at the rate of 6 per centum of the amount of any premium paid or payable.

8. XIX. INSTALMENT PURCHASE AGREEMENT-(a) A stamp duty equal to $1.80 per

centum of the purchase price. Exemptions-The same exemptions as are

specified under the heading-" XIX.INSTALMENT PURCHASE AGREEMENT-" in the Third Schedule to the Stamps Act 1958.

(b) Statement under section 131AC of the Stamps Act 1958 by a registered person with respect


to credit business or rental business-duty under subsection (1) as if any reference therein to "one and one-half per centum" were a reference to "$1.80 per centum" and any reference to .. one-eighth of one per centum" were a reference to " $0 . 15 per centum ".

(c) Note or memorandum under subsection (1) of section 131AF of the Stamps Act 1958 with respect to credit business or rental business carried on by an unregistered person-duty under sub-section (2) as if any reference therein to "one and one-half per centum" were a reference to "one and eighttenths per centum".

9. XXI. ApPLICATIONS FOR REGISTRATION OF AND NOTICES OF ACQUIsmON IN RESPECT OF MOTOR CARS AND COMMERCIAL TRAILERS-On every application for registration

of a motor car or commercial trailer-

for every $200 of the market value of the motor car or commercial trailer in respect of which the application is made and also for any fractional part of $200 or such

$ c.

market value . . 3.00 On every notice of acquisition

of a motor car or commercial trailer-

for every $200 of the market value of the motor car or commercial trailer at the date that the person giving the notice of the acquisition acquired possession of the motor car and also for any fractional part of $200 of such market value 3 .00

Exemptions-The same exemptions as are specified under the heading-" XXI.ApPLICATIONS FOR REGISTRATION OF AND NOTICES OF ACQUISITION IN RESPECT OF MOTOR CARs AND COMMERCIAL TRAILERS - " in the Third Schedule to the Stamps Act 1958.

10. XXII. MORTGAGE, BOND, DEBENTURE, OR COVENANT-

(a) Upon every mortgage, bond, debenture or covenant and upon every foreign security-

where the amount secured thereby does not exceed

$ c.

$8,000 4 00

where the amount $ c. secured thereby ex-ceeds $8,000 but does not exceed $10,000-$4 for the first $8,000 secured thereby and for every additional $200 and also for any fractional part of $200 in excess of $8,000 0.60

where the amount secured thereby exceeds $10,000-$10 for the first $10,000 secured thereby and for every additional $200 and also for any fractional part of $200 in excess of $10,000 0.70

Exemptions-The same exemptions as are specified under the heading-" XXII.MORTGAGE, BOND, DEBENTURE, OR COVENANT-" in the Third Schedule to the Stamps Act 1958.

(b) Secur.ity for the payment or repayment of money to be lent advanced or paid or which may become due, where the security has ad valorem duty denoted thereon-

(i) if the amount covered by the duty is less than $10,000 and ,that amount together with the amount of the excess does not exceed $10, 000-60 cents for every $200 or fractional part of $200 of the 'amount of Ithe excess;

(ii) if the amount covered by the duty is less than $10,000 and that 'amount together with the amount of the excess exceeds $10,000-

(a) on the difference between the 'amount covered by the duty and $10,000 -60 cents for every $200 or fractional part of $200 of such difference; and

(b) on the amount of the excess that exceeds $10,000-70 cents for evety $200 or fractional part of $200 thereof; and

(iii) if the amount covered by the duty is $10,000 or more than $10,000-70 cents for every $200 or fractional part of $200 of the amount of the excess.


(c) Subsequent mortgag~ within the meaning of section 137LA of the Stamps Act 1958-duty at the rate of 60 cents for eve~ $200 or fr.actional part of $200 where the amount of such payment does not exceed $10,000 land, where ,the 'amount of such payment exceeds $10,000, $30 for the first $10,000 and 70 cents for every $200 or fractional part of $200 by which the amount of such payment exceeds $10,000.

(d) Statutory decltaration -under section 137M of the Stamps Act 1958-duty under sub-section (2) as if the reference in that sub-section to "Fifty cents" were a reference to " 70 cents " and the reference to "Twenty-five cents" were 'a reference to "35 cents".



Sir HENRY BOLTE (Premier and Treasurer) brought in a Bill to amend the Stamps Act 1958 and for purposes connected therewith, and moved that it be read a first time.


Sir HENRY BOLTE (Premier and Treasurer).-I move-


It implements the increases which are proposed in the rates of certain stamp duties and which were outlined in the Budget. It also provides for the closing of some loopholes in the existing provisions of the Stamps Act.

Following the decision in a case in the House of Lords known as Cory's case, provision is necessary to cover cases where property is transferred, mainly between related parties, without any dutiable instrument being executed. This matter is covered by clause 11 of the Bill.

In the field of credit and rental business a practice has developed where the owner of hired goods

assigns his rights to another person for a consideration equal to the value of rentals payable and thus avoids rental duty. Similar avoidance has occurred with short-term credit business and prOVIsIon is made in clause 12 to overcome the avoidance of duty in such cases. In some instances an exemption in the existing Act enables rental agreements to escape any rental duty where they were entered into before 1st February, 1967, and continued after the first year on a Inonth by month basis. This was originally a transitional provision and the exemption will be repealed by this measure from 1st February, 1972.

The Bill also includes an exemption from duty on loans at rates of interest not exceeding 10 per cent per annum. This provision was inadvertently omitted from the Stamps (Credit Business) Act 1971.

Details of the clauses are contained in the explanatory memorandum attached to the Bill. I commend the measure to the House.

On the motion of Mr. HOLDING (Leader of the Opposition) , the debate was adjourned.



LOTTERIES GAMING AND BETTING (PRE-POST BETTING)

BILL.

Mr. I. W. SMITH (Minister for Social Welfare) .-1 move-


More than twenty years ago it was the practice at the Victorian Olub, on Melbourne Cup eve, to conduct what was colloquially known as the calling of the card, which is a system of auctioning betting odds on acceptors in the Melbourne Cup. The event took place in a part of the

Lotteries Gaming and Betting [1 SEPTEMBER, 1971.] (Pre-Post Betting) Bill. 125

club premises set aside for the purpose and attendance was confined to members and special guests invited by the club.

The practice was for a master of ceremonies, who was experienced in betting and appoin'ted by the club for the occasion, to begin by calling the name of the horse with the lowest saddle-cloth number and asking bookmakers present what odds they were prepared to lay. Bookmakers would indicate the odds available and a bettor or bettors would then state the amount for which they wished to back the horse. Bookmakers would then state their willingness to accept bets up to a stated amount at the specified odds.

If the amoun1t for which bettors wished to back horses was greater than the amount which bookmakers wished to lay, bettors would be invited to accept lower odds. If the odds offered were not acceptable to bettors, bookmakers would be invited to offer longer odds. When the wagering on the horse was complete, the master of ceremonies would read out the bets made. These bets would then be confirmed by both bookmakers and bettors. The same procedure was then followed for each acceptor in the Melbourne Cup.

However, as this practice was contrary to the provisions of the then Police Offences Act 1958, it was termina ted. The Bookmakers and Bookmakers Clerks Registration Committee constituted under the Racing Act 1958 has recomnlended that the practice of calling of the card be reintroduced and legalized.

In the view of the committee. prepost betting on the Melbourne Cup by doubles bookmakers financing the'ir books and by bettors does take place on a large scale prior to Cup Day and it is desirable to devise a suitable method of ensuring that such pre-post betting is properly recorded and subject to the statutory turnover tax.

I am advised that many wagers are made in circumstances which result in the Government being deprived of turnover tax which would· be payable if those wagers were made on a Government licensed racecourse. The amount of revenue being lost to the Government in this way is substantial and since there is no doubt that the betting takes place it is considered proper to legalize it and to obtain the lost revenue.

It is not considered necessary to legislate for pre-post betting in regard to any event other than the Melbourne CuP because this is the one event which attracts pre-post betting on a large scale.

This Bill inserts a new section 66A into the Lotteries Gaming and Betting Act 1966. The section empowers the Chief Secretary to issue a club betting permit to the secretary of the Victorian Club authorizing pre-post betting on the Melbourne Cup to take place on a specified part of the premises of the club during such period and on such day as is stated 'in the permit. Such betting must be conducted in accordance with the conditions set down in sub-clause (3) of the new section 66A.

Betting conducted on the specified part of the licensed premises subject to and in accordance with the permit will have the same status and effect as if the betting had been made on a racecourse during the holding of a race-meeting for horse races. This means that the amount of any bet made or of any money won as a result of a bet may be enforced in any court of law. In addition it will not constitute a contravention of the Liquor Control Act 1966 in regard to betting on licensed premises.

Likewise, such betting will not constitute an offence whether by common law or by statute and will not be grounds for the premises of the club or any part thereof to be deemed or declared to be a common gaming house or place or to be a

126 Exhibition (Borrowing [ASSEMBLY.] Powers) Bill.

common nuisance. Pursuant to subsection (5) of proposed new section 66A bookmakers concerned will be required to furnish to the Comptroller of Stamps a bookmaker's statement and to pay stamp duty as if the bets had been made on the Flemington racecourse on Melbourne Cup Day. 1 commend the Bill to the House and offer the Opposition the good offices of the Chief Secretary's Department to clear up any queries.

On the motion of Mr. DOUBE (Albert Park), the debate was adjourned.


That the debate be adjourned until Wednesday next.

Mr. DOUBE (Albert Park).-I trust that the Minister will not adopt a hard and fast line about this and that, if required, the period of the adjournment will be extended.

Mr. WILKES (Northcote).-The Government has introduced the Budget and four or five Budget Bills the debate on which the Opposition has been good enough to allow to be adjourned for one week. Discussion of those measures should occupy the time of the House next week without this pot-boiler which relates to betting in the Victorian Club. The Melbourne Cup is not run until November, and therefore 1 should have thought the Government would not consider the passing of this measure at this stage and would have agreed to an adjournment for two weeks so that the House could concentrate on the more important Bills next week.

Mr. I. W. SMITH (Minister for Social Welfare) .-1 do not wish to be harsh. Perhaps the debate could be adjourned for one week, and if the Opposition requires additional time an extension will be granted.

The motion was agreed to, and it was ordered that the debate be adjourned until Wednesday, September 8.

EXHIBITION (BORROWING POWERS) BILL.


That Ithis Bill be now read a second time.

This is a short Bill which proposes to increase the maximum permissible aggregate liability of the Exhibition Trust in respect of borrowed moneys from $700,000 to $800,000. Pursuant to the Exhibition Act 1957 the trustees, amongst other things, are vested with the power to do all things necessary or expedient for or in relation to the general control, administration and management of the Exhibition. It is also their statutory duty to maintain the Exhibition as a place for holding public exhibitions, for the assembly, instruction, maintenance or recreation of the public and for such other uses as the Governor in Council may direct. In accordance with those powers and duties the trustees over the past decade have embarked on a carefully considered programme of development and improvement of the existing buildings, including the erection of what is commonly referred to as the western annexe.

In continuation of that programme, the trustees have now put forward a proposal to redevelop portion of the Exhibition at a total estimated cost of $1,007,250. The proposals are-

(a) to demolish the stadium annexe and to replace it with a modern building along the lines and design of the western annexe;

(b) to incorporate into the proposed new annexe an air-conditioned convention centre in the form of a mezzanine floor; and

( c) to demolish the northern section of the old eastern annexe which was more widely known as the White Ensign Club and to convert the area into a car park to serve the convention centre.

The stadium annexe, which forms the major part of the redevelopment works, was taken over by the trustees after the Olympic Games in 1956.

Exhibition (Borrowing [1 SEPTEMBER, 1971.] Powers) Bill. 127

This building, which was then used as the basketball stadium, is constructed of an arch-type truss with an igloo roof-high in the middle and low at the sides.

For various reasons that annexe is now considered to be unsuitable. The roof is made from aluminium and in the past has been the subject of considerable maintenance costs, principally due to the expansion and contraction of the metal. The roof is now fifteen years old and is in need of replacement at an estimated cost of $12,000. In the opinion of the architects, the roof when replaced may not be entirely satisfactory. The construction of the building itself makes it unsuitable for certain types of exhibitions in that the roof clearance at the sides is insufficient satisfactorily to house exhibits.

In addition, it is unsatisfactory as a venue for public examinations in the summer months because the low aluminium roof makes conditions therein unpleasant. Consequently, rather than expend moneys on maintenance of the existing building the trustees consider that it should be replaced by a modern structure which will afford greater facilities for tenants and the public generally.

Conventions and seminars are often held in conjunction with majority trade expositions at the Exhibition Building. At present these are held elsewhere because of lack of suitable accommodation. The introduction of a convention centre to accommodate 700 people will provide an additional facility for organizations sponsoring trade fairs, and so on. The trustees are confident that the redevelopment of this area with a new modern building will provide facilities of a high standard for regular tenants and will bring about additional tenancies resulting in greater occupancy and increased revenue.

The second part of the proposal is to demolish a portion of the eastern annexe. This section of the Exhibition

was erected in 1879 and in its present· state is unsuitable for exhibition, social or letting purposes. The trust's architects have estimated the cost of renovation in conformity with modern requirements at $400,000.

In the view of the trustees there is no requirement now or in the foreseeable future for additional exhibition space, other than that provided by the building proper and the proposed new annexe. They therefore propose to convert the site into a car park suitably landscaped with gardens. This would meet the anticipated requirements of parking space for the proposed convention centre and afford additional parking for the general public.

The trustees will be able to finance portions of the cost by an allocation of $237,250 from their own funds. Tentative inquiries indicate that the Commonwealth Bank and the State Savings Bank are prepared to finance the balance of $770,000. However sub-section (2) of section 14 of the Exhibition Act 1957 provides that the aggregate liability of the trustees in respect of borrowing shall not exceed $700,000. The trustees have therefore sought to have this limit increased to $800,000. The trustees have been undertaking major works in recent years and have been paying off their liabilities from income. They confidently expect that by mid-1972 they will have no commitments in respect of borrowed moneys.

Having regard to the healthy state of the trustees' finances in respect of borrowed moneys, the Government considers that the amendment sought is reasonable and should be agreed to. The Bill proposes to give effect to the request and I commend it to the House.

On the motion of Mr. CLAREY (Melbourne), the debate was adjourned.


128 Moonee Ponds (Queens [ASSEMBLY.] Park) Land Bill.

MOONEE PONDS (QUEENS PARK) LAND BILL.

Mr. BORTHWICK (Minister of Lands) .-1 move-


Its purpose is to authorize the municipality of the City of Essendon to lease portion of the Queens Park reserve at Moonee Ponds to the Moonee Ponds Bowling Club. Queens Park, which occupies an area of 19 acres and 3 roods, is bounded by Mount Alexander Road, Kellaway Avenue, Pascoe Vale Road and The Strand. The land was permanently reserved in 1964 as a site for public park and public recreation. The reserve has been placed under the control of the municipality of the City of Essendon as a committee of management. The land had originally been reserved in 1884 for ornamental plantations.

The Moonee Ponds Bowling Club has occupied portion of the reserved land for about 80 years by agreement with the municipality as the committee of management. The area of the site presently occupied by the club is about 1 acre and 30 perches.

The club-house on the site is now of such age that the club proposes to proceed with a rebuilding programme. To carry out this programme it is necessary for the club to raise finance by way of loan. For this reason the club and the municipality have requested that the club obtain security of tenure of the site. The honorable member for Moonee Ponds and his colleagues in another place have indicated to me in writing that they support the proposal.

Clause 1 of the Bill cites the short title. Clause 2 interprets the "corporation " as referred to in the Bill as meaning the corporation of the City of Essendon.

Clause 3 provides-(1) that the corporation as com

mittee of management may from time to time lease that

part of the reserve shown in the schedule for the purpose of a bowling club for amusement and recreation;

(2) that any lease shall be for a term not exceeding 21 years and be subject to approval by the Governor in Council;

(3) that moneys received by way of rent under any lease shall be applied to the maintenance and improvement of the part of Queens Park not leased to the bowling club; and

(4) the usual provision that no liability shall attach to the Crown.

The schedule contains a plan of the land which is presently occupied by the bowling club and which might be leased by the municipality. I commend the Bill to the House.

On the motion of Mr. EDMUNDS (Moonee Ponds), the debate was adjourned.



The debate (adjourned from the previous day) On the motion of Mr. Crellin (Sandringham) for the adoption of an Address-in-Reply to the Governor's Speech was resumed.

Mr. TRETHEWEY (Bendigo).-I congratulate the honorable members for Sandringham and Polwarth for the manner in which they moved and seconded the motion for the adoption of an Address-in-Reply to the Governor's Speech. On behaU of the constituents of the Bendigo electorate I pledge their loyalty to Her Majesty the Queen through the Governor, Sir Rohan Delacombe. The people of Bendigo are always proud to have Sir Rohan and Lady Delacombe in their midst. They have visited Bendigo on

Governor's Speech: [1 SEPTEMBER, 1971.] Address-in-Reply. 129

several occasions and they appear to enjoy their tours to country areas where there is less formality than in Melbourne.

The honorable member for Sandringham referred to loyalty. Members of this House swear their allegiance to Her Majesty the Queen and to the laws of our land. Therefore, we should set an example to the people of Victoria in showing our loyalty. I had the opportunity recently of undertaking an overseas tour and during my stay in England I was proud of the manner in which the British people are facing their problems. This made me proud to be a British subject. When one travels throughout other overseas countries one realizes that England and Australia are splendid places in which to reside.

Mr. WHITING.-What about Scotland?

M'r. TRETHEWEY.-The Scottish people are vain, proud and loyal to Her Majesty. During the debate reference has been made to the establishment of the Environment Protection Authority and the Environment Protection Council. These bodies have the responsibility of examining methods of preventing or curtailing air pollution in Victoria. This is a most important function because Melbourne is on the verge of serious air pollution and the quicker the problem is solved the better it will be for residents of the metropolitan area.

During my overseas tour I visited many countries and cities which have pollution problems. Los Angeles has a most depressing air pollution problem. When I was there I was unable to see blue sky on a fine day because of the haze. Only at night when the wind blows away the polluted air can the stars be seen. Los Angeles is a te'rrible place in Which to live and if its pollution problems are not solved quickly it will become a dead city. .

The Land Conservation Council has been established to examine public use of land. In the Bendigo district·

Ses'sion 1971.-5

there is an area which extends from Eaglehawk to Rochester called the Whips tick. Portion of the area has been taken over by developers who have cleared the scrub and by the use of trace elements and cultivation ha ve been successful in raising cereal crops. The conservationists have raised their voices. Development of all public land in Victoria exceeding in area 1 acre has been frozen until the council has made its report. It is hoped that after this council visits the electorate of Bendigo it will furnish a report that will respect the wishes of the conservationists to keep the area, which is rich in flora and fauna, for the people.

Education is a problem which is not confined to Victoria. Whilst all honorable members favour the establishment of new schools in the metropolitan area, the needs of older schools, particularly in the electorate of Bendigo, must not be forgotten. In the old mining areas, some schools have celebrated their centenary. They need to be modernized and brought to a standard comparable with newer schools in other

\ areas.

The committee examining the need for a fourth university in Victoria has had presented to it evidence not only from my own electorate of Bendigo but also from other country areas. When it arrives at its decision, I hope the committee will consider that the facilities and the amenities available for students in our district, particularly those from areas north of Bendigo, are sufficient for it to recommend the establishment of this university at Bendigo, so that these students will not be required to go to the city for tertiary education. It is about time the Government considered decentralization in this respect and decided to establish the fourth university in a country area. As Bendigo is the centre of Victoria, I hope the committee will bring down a recommendation in·its favour.

130 . Governor's Speech: [ASSEMBLY.] Address-in-Reply.

His Excellency the Governor referred to housing and pointed out that the Housing Commission is reclaiming land and building high-rise flats to provide accommodation for those in need. In providing these facilities, I hope the commission will give favourable consideration to the electorate of Bendigo, particularly as 150 people require accommodation in that city. Bendigo has been chosen as one of the cities for progressive development and if people are expected to go to it suitable accommodation must be provided. I hope the Housing Commission will play its part in this respect. The housing authority in England is engaged in the development of high-rise flats in an endeavour to alleviate the shortage of houses.

I read with considerable interest the suggestion that the Country Roads Board will undertake work on certain highways, including the Calder Highway which links Bendigo with the City of Mildura. This highway is extensively used. If the Calder Highway is improved to the standard of a four-lane highway, it will materi-~ ally assist traffic going' through Bendigo to areas beyond.

His Excellency also referred to natural gas, which has proved to be a wonderful asset to Victoria. Melbourne has been satisfied with the standard of domestic and industrial gas for some time. Provision has been made for the extension of the natural gas pipeline to Ballarat and Bendigo, and this is expected to be completed in 1973. This will be of great advantage to the industrialists of those areas, particularly as it is understood that the price of natural gas in the country areas will be comparable with the tariffs operating in the metropolitan area. It must be realized that the city people depend largely on the efforts of their country counterparts.

The Department of Agriculture has purchased 16 acres of land in the electorate of Bendigo for the purpose of establishing a diagnostic centre.

Mr. Trethewey.

I t is hoped that the buildings will be erected and staffed in the near future so that livestock diagnostic facilities will be available to the farming community in northern Victoria. I trust that eventually Bendigo will progress to the extent envisaged, namely, to become a city with a population of 100,000 people. Then it would become self-generating and in a measure self-supporting. I have great pleasure in supporting the motion moved by my colleague, the honorable member for Sandringham.

Mr. BIRRELL (Geelong).-To some extent, my remarks will be similar to those uttered by the honorable member for Bendigo. I congratulate the mover and the seconder of the motion for the adoption of an Address-in-Reply to the Speech of His Excellency the Governor, and I compliment them on their contributions to the debate. I wish to convey my loyalty and that of the citizens of my electorate to the Throne, which means so much to all of us.

Several aspects of His Excellency's Speech impinged on my mind, particularly his remarks in the last few sentences, which are possibly outstanding coming from a person occupying such a distinguished position. The problem vaguely referred to as law and order has arisen. In fact, it is organized civil strife arising from the dark ideas in the minds of those who promote it. The time has come to back up His Excellency's remarks, which agree almost to the word with the comments, as recorded in Hansard, which I made at this time last year in the Address-in-Reply debate. His Excellency said-

Although the right to express opinions and to protest is one which is inherent in any democratic society, it must be reconciled with the right of other citizens to freedom of movement and to protection from obstruction and violence in the pursuit of their activities at such times.

All the efforts of the Government and people to improve conditions in this State will be of no avail if the people cannot be secure in their life and property.


In my opinion this subject is so important that I wish to emphasize it in this House as a matter of first priority in the Governor's Speech.

In his opening remarks, His Excellency stated that the most significant work that had been done while Parliament was in recess had been aimed at the preservcltion of our environment. I should like to comment on that point.

Mr. HOLDING.-The fish that come out of Corio Bay are not too good these days.

Mr. BIRRELL.-All honorable members can point to problems which exist in their electorates and which have a close relationship to them in their day-to-day living. No one can gainsay that fact. However, wherever one travels overseasand no doubt it is of recent vintagethe same discussions ensue, particularly concerning governmental bylaws. Each day in the city of San Francisco there is a television programme during which a brief time slot is allocated to news on the environment and what is happening in this regard. In the United States of America particularly there is widespread discussion at all levels of the community on how to cope with this problem. Southern Germany is the most highly industrialized part of the world and there industralization is a major cause of pollution. Something can be done about it and London is the best illustration of the fact that we do not need to throw up our arms and say that it cannot be improved. Today the atmosphere and the sky in London are reminiscent of a village scene. Yet in 1952, at least some hundreds and possibly a thousand deaths were directly related to pollution of the atmosphere. Honorable members must not give up the ghost and say that nothing can be done about it. We can do something.

When the problems associated with the motor car and industry have been cleared up, one increasing cause of pollution will remain and this should be noted. I refer to the pollution which arises from the extension of oil

heating in homes and factories. The fossil fuel that is used in oil heating is a major cause of pollution today. One of the first activities of any environmental control authority should be to give attention to this fact. It may be necessary to be somewhat ruthless and totally forbid the use of f.ossil fuel in any built-up areas. Action of this type was taken in London where the citizens hav~ been given five years to get rid of fossil fuels totally-no exceptions have been allowed. This rather dramatic approach has brought the environment in that city to a high level of puri ty. This need nO't necessa'rily be a big problem if prompt action is taken. Of course, such action will tread on some toes as it is not nice to tell people that they are using a fuel that is polluting the atmosphere, but Parliament must take this problem by the throat in an its aspects. The use of oil in heating is a future threat to the environment.

In his Speech, the Governor also referred to the probable adoption by Victoria, and ultimately Australia, of daylight sav'ing. The introduction of daylight saving for at least two or three years is worth a trial and should receive the support of every honorable member.

Mr. WHITING.-Why do you say that?

Mr. BIRRELL.-I know that Country Party members feel they have a righteous point to submit in this regard. This poor section of the community should no longer dominate the actions of the rich urban areas, and daylight saving should be given a fair trial for at least two or three years to see how the population as a whole :}ike· it. For some years past, the tail has been wagging the dog on the subject of daylight saving.

When I last visited Tasmania I had occasion to consult with members of both Government and Opposition parties on the effects of daylight saving. It is interesting to note that while various rural organizations were hostile to the introduction of the enabling legislation some

132 ,Governor's Speech: [ASSEMBLY.] Address-in-Reply.

five or six years ago iri Tasmania, within two years they had come around quite dramatically in support of it. I have in mind organizations representing dairy farmers and others in that State. This would indicate that many of the disadvantages that have been promoted by the rural sector are misleading to a manifold degree. In any case, Victoria should give daylight saving a trial for two or three years. The majority of honorable members will agree that it is beneficial in most countries overseas and has been retained more or less on a permanent basis.

I shall now refer briefly to matters of a local nature. I do not like talking about my own electorate in the Address-in-Reply debate because naturally comments of this type pall on those who do not have close associations with it. There was an omission from the Budget about which I have consulted departmenta,l officers. It concerns the difficult matter of the finances of the Geelong Waterworks and Sewerage Trust. The trust still remains the only non-metropolitan water trust which is paying on capital works full interest of approximately 7.4 per cent. All other trusts, including those in such large cities as Ballarat and Bendigo, are subs'idized on interest in excess of 3 per cent. In the accounts of the Geelong Waterworks and Sewerage Trust, 71 per cent of income is now devoted t0' interest payments and redemption of loans and the percentage is increasing each year. Not only the total sum but the percentage of revenue is increasing each year, and obviously a point of no return must be reached when the trust will no longer be able to undertake works because its income will be devoted to interest repayments. The trust cannot effect econ0'mies on the same scale as the Melbourne and Metropolitan Board of Works in relation to its works. It is approximately onetwentieth of the size . of the Melbourne and Metropolitan Board of Works. I believe there is some justification for at least a partial

Mr. Birrell.

response to the requests that have been made through local members that this position should be reviewed. The trust is not seeking a full subsidy, but it would like some consideration to enable it to come to grips with this matter. I regret that the Budget speech contained no reference to this subject.

When I returned to Geelong last week I became aware of a matter which caused me some concern It relates to the future of the Gee·long Harbor Trust when oil, which provides 70 per cent of the trust's revenue, is no longer handled upon completion of the laying of pipelines from the oilfields. The trust will then receive little revenue from oil wharfage charges. The trust is alert to what is happening, and is trimming its sails and endeavouring to obtain new business to overcome this future loss of revenue.

Recen tly, coarse grains and a substantial tonnage of rice from the Murrumbidgee irrigation area w~re exported from Geelong, and it was thought that this would be an export avenue which would prove to be of substantial benefit to the trust. Unfortunately, as a result of circumstances with which I have not yet come to grips, since I am not familiar with the processes involved, this question has been referred to the State Development Committee, and I believe that within seven days the whole of this trade will cease to flow, and that Victoria will miss out on the dividends it could have expected to receive from the export of these grains. I believe there will be a meeting of exporters from Griffith in Geelong today or tomorrow, but the trust can do nothing about the situation because its hands are tied. Victorian railway revenues are also affected.

I ask the State Development Committee to come to grips with this problem and reach a solution as soon as possible. The export terminal at Geelong is highly sophisticated, and the people connected with it have :wide expe'rience. The terminal is


working at only half of its capacity and it is a pity that the present situation should have arisen. The Murrumbidgee irrigation area probably will again turn to Newcastle for a large part of its exports. and this will be to the detriment of Geelong and Victoria. I should like the State Development Committee to carefully examine this situation as quickly as possible.

In travelling overseas in recent months, I have noticed that most countries are faced with similar problems, one of the principal ones being the increased incidence of car ownership, which is causing considerable trouble in all developed countries. A leading citizen of Madrid, whom I met accidentally, remarked that the population had passed 3 million, but that the city was faced with 30 million problems, of which 27 million were associated with motor cars. In America consideration is being given to the closing of city areas to motor cars, and I foresee a day when, of necessity, similar action may be taken in Melbourne. I think a situation will arise in which only taxis and other business vehicles will circulate within the city because no one will put up with the inconvenience and trouble of driving motor cars in large urban areas. The time will come when Parliament will have to decide what part is to be played by the motor car in our cities, and that will not be an easy decision to reach.

As in Australia, the financing of local government is causing concern overseas. In England, the Government published the results of an inquiry into local government at its highest level. I could have written it myself, because the situation in Victoria is so similar, in that rising costs of local government are far outstripping the revenue that local government bodies can collect. It seems impossible to bridge the gap between revenue and expenditure. In the United Kingdom it seems likely that cash grants will be made to local government by Westminster, and it is obvious that local government here

will either perish or flourish depending upon its ability to meet its responsibilities from the revenue it is able to obtain. This is a problem in most overseas countries.

One learns a great deal when travelling, but I think the main impression with which one returns to Australia is that ours is a remarkably fine country, with widespread services which,' too often, are taken for granted. One is not being merely patriotic in saying that Victoria and the Commonwealth have a magnificent future. The general outlook adopted by Australians is advantageous, and we have fewer problems than other countries. We should be thankful that our country is large and that it has a small population. It may be all right to pack 60 million people into this country and to sit back and regard ourselves as big fellows, but I remind honorable members that quality will always beat quantity. I do not think that to fill the country with mouths to feed denotes development in its finest sense. If we keep our standards high, we shall prosper. At no level can we afford to let our standards fall; and I remind the House that the honorable member for Sandringham referred to this during his contribution to the debate.



ADJOURNMENT. PROBATIONARY DRIVERS EXCEEDING

SPEED LIMIT-MoUNT HOTHAM ALPINE RESERVE COMMITTEE OF MANAGEMENT-POLLUTION: NONFERRAL PTY. LTD., KEON PARKPROPOSED ETHANE PIPELINE ACROSS PORT PHILLIP BAY.


That the House, at its rising, adJourn until Tuesday next, 'at half-past Three o'clock.


134 Adjournment. [ASSEMBLY.] . Adjournment.



Mr. EDMUNDS (Moonee Ponds).I wish to draw to the attention of the Chief Secretary a matter of some urgency. It is in reference to the danger caused to average motorists by probationary drivers who exceed the speed limit of 50 miles an hour. The two roads on which this is so obvious are the Geelong road and the Tullamarine Freeway. Whenever I have travelled on these highways during the past few days I have observed drivers of cars bearing "P" plates exceeding, in my opinion, 50 miles an hour. It would appear that a fair amount of latitude is being given by the police to this type of driver, and it would be in the interests of public safety, and motorists in particular, if the mobile police squad were to institute an educational programme directed towards the probationary driver.

1 ask the Chief Secretary to examine this suggestion, as such an educational programme directed towards probationary drivers would instill into them the necessity to restrict their speed to the limit of 50 miles an hour on public highways. If statistics were readily available 1 am sure that they would show a high incidence of probationary drivers exceeding the speed limit. Therefore, in the interest of the safety of the public, and particularly of motorists, 1 suggest that the Government treat as urgent the establishment of such an educational programme for probationary drivers.

Mr. HOLDING (Leader of the Opposition) .-1 desire to direct the attention of the Minister of Lands to an exchange of correspondence between myself and the Minister concerning requests made to the honorable gentleman by the Shire of Omeo for representation on the Mount Hotham Alpine Reserve Committee of Management. I shall put the issue simply. The . Omeo Shire Council considers, rightly 1 believe, that it has an interest in this area, and that as it has been prepared to expend funds on

the provision of certain public facilities it is entitled to representation on the committee of management.

The Minister is aware of these representations and I shall not canvass them further. What disturbs me is that the Minister gives as his reason for not supporting the request the fact that he is relying almost exclusively upon the recommendations of the Alpine Resorts Development Advisory Committee. What disturbs me about that is that apart from representatives of the Victorian Ski Association, the committee consists of public servants. 1 have no objection either to the members of the Victorian Ski Association or to the public servants, but it seems to me on examining the report with which they provided the Minister-he was good enough to give me a copy-that it is unfortunate that the Minister is prepared to act simply on a recommendation without a reason being advanced for it. The Alpine Resorts Development Advisory Committee was of the opinion that the lift companies should have one representative on the committee of management. It may well be that the lift companies should, or should not, have a representative on the committee. However, no reason is advanced. More importantly, nowhere in this recommendation is the view of a body which, after all, makes its claim on the basis that members are elected to the council by the community. 1 should have thought that on any such committee it would be a good thing to have someone appointed in a community representative capacity. In the existing structure of the committee ar~ representatives of skiers-which is proper-representatives of various departments-and that is fair enough -and representatives of commercial interests. That also may be fair enough, but 1 find it difficult to see how the representative of commercial interests whose sole interest on the mountain is to advance his own pecuniary interests should have precedence over someone who has been

Adjournment. [1 SEPTEMBER, 1971.] Adjournment. 135

elected to the council of the shire on the basis of actively carrying out an important community service in the interests of the community. I assure the Minister that it is the feeling of a number of councillors in the Shire of Omeo that their representative was excluded simply because he was prepared to take certain stands and express attitudes which were contrary to attitudes of commercial interests.

The SPEAKER (the Hon. Vernon Christie ).-The Leader of the Opposition has half a minute.

Mr. HOLDING.-An important matter of principle is involved. I should have thought that on a body required to make decisions upon the development of an area such as an alpine resort it would be considered important to include those men who have a wide range of interests. People who live in the area might be expected to have a substantial interest in the development of these areas, quite apart from skiers and public servants. I suggest that the Minister should reconsider his position in this matter and meet the legitimate and proper demands of the Shire of Omeo.

Mr. WILTON (Broadmeadows).I wish to raise a matter with the Minister of Health on behalf of the council of the Shire of Whittlesea. I have received a letter from the secretary of the shire informing me that apparently the Clean Air Section of the Department of Health dealt with an application from a company located in the Shire of Whittlesea and with which the Minister is familiar-Nonferral Pty. Ltd.-seeking a permit to install a particular type of chimney stack at its works. It appears that the Clean Air Section dealt with the matter without consulting with the municipality concerned and granted the permit, and only at this stage has the municipality been advised.

As the Minister is aware, this municipality is joined with the City of Preston in launching prosecutions against this company because of the

nuisance and inconvenience it has caused to residents in the area. The Minister is also aware that the municipality has had to fight this issue alone without any support from his department. I therefore ask the Minister to take up this matter with his department to determine why the municipality was not consulted about the granting of the permit, and in due course to inform me of the result of his inquiries. I should also like the honorable gentleman to indicate to the House whether he will take steps to ensure that in future the Clean Air Section will confer with the municipality concerned when dealing with matters of this nature.

Mr. FLOYD (Williamstown).My remarks relate to the administration of the Minister for Fuel and Power with some slight side issues concerning the Chief Secretary. A considerable amount of heat has been generated over the proposed ethane pipeline to go under Port Phillip Bay from Brighton to Williamstown. Although many people are getting on the bandwagon because it is fashionable, our consideration of any genutne attempt to prevent something which may be harmful to the bay must not be impeded. Today I asked whether the Fisheries and Wildlife Branch had been conducting a survey of Port Phillip Bay. This matter has been shrouded in mystery and nobody seems to know anything about it although, COincidentally, in his Budget speech this afternoon, the Premier and Treasurer mentioned that the branch was studying the chemical contents of the bay and that, in a couple of years, it was proposed to study the ecology of the bay.

I make a plea to the Minister for Fuel and Power not to agree to the construction of the pipeline before a report is received from the Fisheries and Wildlife Branch indicating whether the scheme is right or wrong. It is useless for the Minister for Fuel and Power to be in direct opposition to the Deputy Premier, who is taking a keen interest in ensuring that the

136 Adjournment. [ASSEMBLY.] Adjournment. .

bay is not polluted. The ecologists and the ultra-conservationists seem to get their way, but just because many people are jumping on the bandwagon our vision should not be obscured in considering the views of people who genuinely do not want this pipeline. I ask the Minister for Fuel and Power to give some consideration to the genuine objections.

The survey has been going on for two years and these genuine people must have some reason to believe there is something wrong with the proposal. I do not now why they are objecting, but they are entitled to the privilege of waiting for the results of the survey by the Fisheries and Wildlife Branch to see whether the project can proceed without detriment to the bay. Instead of one Minister loving the bay with reverent affection and ensuring that it is not harmed, and the other Minister rushing in and doing something about which he knows nothing, I trust that the two Ministers will co-operate.

Mr. SIMMONDS (Reservoir).Further to the matter raised by the honorable member for Broadmeadows, I have received from the Shire of Whittle sea a request to further its protest against the action of the Clean Air Section of the Department of Health.

The SPEAKER (the Hon. Vernon Christie ).-Order! On the motion for the adjournment of t~e House, it is not competent for one subject to be canvassed more than once.

Mr. SIMMONDS.-The matter I wish to raise is that when I telephoned the Clean Air Section to ascertain whether the correspondence I had received was factual, I was told that I would have to ask the Minister about any matters concerning Nonferral Pty. Ltd.

The SPEAKER.-Order! It is permissible to bring up a subject only once. Therefore, it is out of order to extend the debate on the matter of Nonferral Pty. Ltd. and the Clean Air Section.

Mr. SIMMONDS.-I wish to ascertain whether the Minister has informed his department that any inquiries of this nature must be channelled through the honorable gentleman rather than through the department.

Mr. HAMER (Chief Secretary).I shall be glad to consider the suggestion made by the honorable member for Moonee Ponds. Most people are concerned at the number of probationary drivers who exceed the speed limit of 50 miles an hour on the roads. Whether an educational campaign would be effective is a matter for speculation. However, I shall consider the suggestion to see whether something along those lines might be instituted. Meanwhile, I propose to ask the Police Force to be particularly vigilant against this practice because I believe it is prevalent.

Mr. BORTHWICK (Minister of Lands) .-On the question of the composition of the committee of management at Mount Hotham, I point out to the Leader of the Opposition and to the House generally that the situation at that snow resort caused me a great deal of concern when I first became Minister of Lands. It is in the most remote area of the State from a ski-ing point of view, and the boundaries of two municipalities-Omeo and Bright-divide the village. On the former committeeof management, which received a great deal of criticism, both municipalities were represented. When I first became Minister, I was under considerable pressure to restructure the committee along the lines recommended by the Alpine Resorts Development Advisory Committee because the administration of the resort was considered to be far from good. I agreed to the request, and as a result I met members of the Omeo Shire Council at Bairnsdale, I think after the Leader of the Opposition met them.

Mr. HOLDING.-The day before.


Mr. BORTHWICK.-It was about the same time as the Leader of the Opposition had discussions with those representatives. My discussions were lengthy.

Mr. ROSSITER.-WaS the local member present?

Mr. BORTHWICK.-Yes, the representatives were introduced to me by the local member. 1 was able to resolve a number of the points raised with me by a representative from the Om eo Shire Council previously on the committee. I felt that our discussiens ended amicably. At this time last year, I was inundated with letters of complaints, but this year 1 have received letters of thanks and congratulations on the activities of the committee of management.

One of the problems faCing the committee is the difficulty of getting all parties together in an area of administration which last vear demonstrated a need for qufck decision. Later in this session, I hope to present legislation relating to Mount Hotham, and I shall then certainly consider the point of view expressed by the Leader of the Opposition and by the honorable member for Gippsland East. 1 might add that the committee as now structured on the recommendation of the Alpine Resorts Development Advisory Committee is operating very well.

Throughout the State, there are some 10,000 committees of management of Crown reserves and municipalities are not represented on all of them. On the ski fields, for instance, there is no municipal representative on the Falls Creek Committee of Management although there is on the Mount Buller and Mount Baw Baw committees of management.

Mr. BALFOUR (Minister for Fuel and Power) .-1 assure the honorable member for Williamstown that there is no variance between the Chief Secretary and myself about the construction of a pipeline across Port

Session 1971.-6

Phillip Bay from Mordialloc to Altona. Many inquiries were made by the Government when this matter was under consideration and, naturally, they included inquiries of the Fisheries and Wildlife Branch. Mr. Butcher, the head of that branch, assured the Government that the construction of an ethane pipeline across Port Phillip Bay would do no harm to the bay. The Government has always been interested in Port Phillip Bay and, for some time, the Fisheries and Wildlife Branch has been carrying out investigations into various problems associated with the bay.

Mr. DOUBE.-You allowed the scallops to be fished out.

Mr. BALFOUR.-That may be so, but the branch was responsible for the discovery of the scallops and every endeavour is being made to locate other scallop beds. As the State Electricity Commission is contemplating the erection of a new power station at Newport and the possible piping of some warm water into the bay, it will contribute $250,000 towards the cost of the experiments being conducted by the Fisheries and Wildlife Branch. The investigation will be of continuing importance in determining what happens in the bay and what are the effects of various drains, the Yarra river itself, and everything else that enters the bay.

The Government has adequate evidence to suggest that the construction of the trench and the laying of the pipeline will have absolutely no effect on the ecology of Port Phillip Bay.

Mr. ROSSITER (Minister of Health) .-The point made by the honorable member of Broadmeadows is well taken. There has possibly been a lack of communication between the Clean Air Section of the Department of Health and the local municipalities in the continuing story, the Peyton Place epic, of Nonferral. However, I will make certain that there is a further continuation of this intriguing and magnificently absorbing story.

138 Questions [COUNCIL.] on Notice.

The honorable member fo-r Reservoir displayed remarkably "ept" mental gymnastics by changing his point from one he was not allowed to make to one he was allowed to make. However, the honorable member should be aware that, if representations are made to a department, the department answers through the regular channels and, if there are communications from areas in the community to the Minister, the Minister answers. If the honorable member finds, and tells me, that there have been communications from areas of the community to the Minister which have been answered by the department, I shall do my best to rectify the matter.


The House adjourned at 9.25 p.m., until Tuesday, September 7.

mtgislatittt munuril. Tuesday, September 7, 1971.

The PRESIDENT (the Hon. R. W. Garrett) took the chair at 4.53 p.m., and read the prayer.

TAPE RECORDING OF PARLIAMENTARY PROCEEDINGS.

The PRESIDENT (the Hon. R. W. Garrett).-Honorable members will remember that towards the end of the last - session I carried out a test of tape recording the debates in this Chamber, and the test proved very successful. I wish to advise the House that the experiment is being continued during the current sessional period, and will resume from today. For obvious reasons, I point out to honorable members that the microphone is very sensitive. I consulted the Leaders of the various parties concerning this experiment but I believe honorable members also should know that it is being carried out.

MELBOURNE AND METROPOLITAN BOARD OF WORKS.

SPECIAL ROAD PROJECTS.

The Hon. A. W. KNIGHT (Melbourne West Province) asked the Minister for Local Government-

(a) How much Melbourne ,and Metropoli tan Board of Works revenue has been spent on special ro'ad projects since their inception?

(b) Art what locations have these moneys been spent?

(c) What is the order of priorities for future projects?

The Hon. A. J. HUNT (Minister for Local Government) .-As the answers to these questions are somewhat detailed, I seek leave of the House to have them incorporated in Hansard without my reading them.

Leav(! was granted, and the answers were as follows:-

(a) The total amount expended through the Melbourne and Metropolitan Board of Works on special road projects from their inception to 30th June, 1971, has been $52,707,545, of which the State Government has provided the bo'ard with $37,649,038 (or over 71 per cent) from 'the Roads (Special Projects) Fund.

(b) These moneys have been spent at the following locations:-

Location.

St. KiIda

Burnley Tooronga

Flemington Strathmore

Melbourne

Special Road Project.

No.1.. St. Kilda junction improvements

to No.3. . South-Eastern Freeway section 2

to No.4.. Tullamarine Freeway

. . No. 23 .. St. Kilda Road under· pass

Collingwood to No. 24 .. Eastern Freeway. Bulleen

South Melbourne No. 25 ..

East Melbourne . . No. 26 ..

Richmond .. No.34 ..

section 1 (Including Roddie Street widening)

Yarra River bridge. Johnson Street

City Ring Road. eastern section

Median guard. South· Eastern Freeway. section 1

(c) The current programme for future special road projects is 'as follows:-

Eastern Freeway-construction com-menced 1971. '

Hoddle Street widening-prop~rty ,acquisition 1971.

Quesfions, [7 SEPTEMBER, 1971.] on Notice~ 139

- Yarra· River bridge, Johnson Street, South Melbourne.

'F~eeway ,F6, Kew.

In addition, consideration is at present being given to all aspects of the suggested 'eastern leg of the, proposed City Ring Road.

EDUCATION DEPARTMENT. COi.LINGWOOD EDUCATION CENTRE.

The Hon. R. J. EDDY (Doutta Galla Province) asked the Minister of Public Works-

(a) When will plans and contract documents be finalized and tenders called for the Collingwood education centre?

(b) Will all the buildings be erected at one time or in stages, and, in the event that they are to be erected in stages-(i) what portions of the complex is it envisaged will be built in the first stage; and (ii) when will later stages be built and, if the Minister cannot give firm dates, will he give his unequivocal assurance that the following stages will be constructed within one year of the completion of the first stage?

The Hon. MURRAY BYRNE (Minister of Public Works).-The answers are-

(a) It is anticipated that tenders will be invited early next financial year.

(b) The building will be erected in stages. As the content of the first stage has not yet been precisely determined it is not possible at this time either to indicate when later stages will be built or to give an assurance that the follOwing stages will be constructed within one year of the completion of the first stage.

I should like to thank Mr. Eddy and Mr. Elliot for the assistance they have given my department in this matter.

REGIONAL OFFICE IN BENDIGO.

The Hon. M. A. CLARKE (Northern Province) asked the Minister of Public Works-

(a) When was a decision announced to establish a decentralized or regional office of the Equcation Department in Bendigo?

(b)' What area is this office intended to serve?

(c) What premises have been acquired for this purpose and what premises are at present so occupied?

(d) How many departmental staff are employed in this office and what are their respective designations and functions?

(e) What . financial . allocation has been made to this office, and for what purposes?

The Hon. MURRAY BYRNE (Minister of Public Works) .-The answers are-

(a) The decision to establish a regional office of the Education Department in

,Bendigo was announced in the Premier's policy speech delivered in May, 1970.

(b) The areas or boundaries of the regional directorates are regarded as being subject to change in the light of experience. With Bendigo as the administrative centre the region will extend south of the River Murray and on its perimeter will include the towns of Swan Hill, Ultima, Charlton, Wedderburn, Maldon, Daylesford, Romsey, Heathcote, Rushworth, Kyabram and Nathalia. It will contain 245 departmental schools (including primary, secondary, technical and girls' high schools) together with 39 registered schools.

(c) Premises for the regional office have not yet been acquired and none are at present occupied. The question of the provision of office accommodation has been referred to the State Accommodation Committee.

(d) No staff are employed as yet. Regional offices will not commence operations till 1st January, 1972.

(e) No financial allocation has yet been made. This will be determined by the nature of the duties to be performed but a fund of considerable proportions is likely to be established in the regional headquarters.

STATE MOTOR CAR INSURANCE OFFICE.

COUNTRY BUSINESS.

The Hon. R. W. MAY (Gippsland Province) asked the Minister of Public Works-

(a) What percentage of its motor car insu~ance business does the State Motor Car Insurance Office ,transact with people living outside the Port Phillip district?

(b) How many motor claim cases involving the State Motor Car Insurance Office were heard in country or provincial cour.ts during each of the past two calendar years?

(c) In how many of Ithese cases were the services of country 'Solicitors engaged by the State Motor Car Insurance Office?

(d) In the event th'at the services of ~untry solicirtors have not been engaged, wIll the Government give consideration to changing its policy in relation thereto?

~140 Questions [COUNCIL.] on Notice.


The -division of business is determined by statistioal requiremenits in rel'a:tion to vehicles usually garaged within 20 miles of the General Post Office in Elizabeth Street, and those outside this radius.

On this basis, and on ,the assumption that the honorable member is referring particularly to compulsory third-party insurance claims, 'and cLaims involving the issue of legal process, lone answers lare--

(a) 45 per cent. (b) 1969-456 claims.

1970-639 claims. (c) 1969-268 clraims.

1970-377 claims. (d) Not applicable.

The State Motor Car Insur.ance Office is involved in very few court 'actions involving comprehensive motor vehicle insurances.

FISHERIES AND WILDUFE BRANCH.

PROFESSIONAL FISHERMEN: REGISTRATION AND LICENSING FEES.

The Hon. A. W. KNIGHT (Melbourne West Province) asked the Minister of Public Works-

(a) Wbat amount of revenue bas been collected in registration and licensing fees from professional fishermen in the past two years?

(b) What amount of this money has been 'Spent ,in enforcing regulations ·and in providing equipment for such enforcement during the past two years?


(a) Boat registration fees Licence fees

1969-700 19700-71 $ $

3,9005 4,227 84,184 85,438

88,0089 89,665

(b) Boat registration fees are paid to Consolidated Revenue and licence fees are credited to the Fishedes Research Fund. Thus, the bulk of the funds raised from these sources is applied to research, to the management and development of commerdal fisheries, and towards the cost of providing extension services and eduoation for fishermen.

Under section 19 (4) of the Fisheries Act 1958, 10 per cent of the ·amount collected for payment into the Fisheries Research Fund is paid into Consolidated Revenue. In

accordance with the Act, these moneys are used to meet the cost of administering ·the fund, and the cost of enforcing the commercial fishing licence provisions of the Act.

Expenditure on commercial fishing enforcement is, of course, substanti,ally higher than this.

DEPARTMENT OF AGRICl}LTURE. SALE OF FAT CATTLE BY WEIGHT.

The Hon. M. A. CLARKE (Northern Province) asked the Minister of Agriculture-

Has the Department of Agriculture taken any steps towards the introduction into Victoria of the sale of fat cattle by weight and gr:ade; if not, has the department made any investigations into or issued any reports upon this method of selling and, in the event that it has, what are the published or unpublished results?

-The Hon. G. L. CHANDLER (Minister of Agriculture) .-The an

swer is-My department has not taken any steps

towards the introduction into Victoria of the sale of fat cattle by weight and grade, nor has it made any investigations into or issued any reports upon this method of selling.

However, in August, 1964, a conference was held, in my department, of representatives of organizations concerned with the production, selling and slaughtering of livestock, and the handling and selling of meat, to consider the installation of scales for weighing fat stock at selling centres in this State.

A report of this conference was published in the September, 1965, issue of the Journal of Agriculture, Victoria, and will be made available on request for inspection in the Parliamentary Library.

I understand the whole question of the marketing and handling of meat is under investigation by the Parliamentary Meat Industry Committee.

HOUSING COMMISSION. CAR PARK AT HODDLE STREET,

COLLINGWOOD.

The Hon. R. J. EDDY (Doutta Galla Province) asked the Minister of Public Works-

(a) When is the land owned by the Housing Commission east of 229-253 ;H.oddle Street, Collingwood, high-rise flats to be acquired by the Melbourne and Metropoolitan Board of Works for the widening. of lfoddle Street?


(b) What plans does the Housing Commission have for relocating the car park now adjacent to the high-rise flats?

(c) Is the Minister of Housing aware of the Collingwood council's declared policy that the playing area west of 229-253 Hoddle Street, Collingwood should not be sacrificed for relocation of the car park without provision of comparable alternative open space?

The Han. MURRAY BYRNE (Minister of Public Works).-The answers supplied by the Minister of Housing are-

(a) Acquisition by the Melbourne and Metropolitan Board of Works of Housing Commission land east of 229-253 Hoddle Street is currently under negotiation but a date has not been fixed.

(b) Plans for relocation of car parks have not yet been determined.

(c) Yes.

DAYLIGHT SAVING. INTRODUCTION.

The Hon. R. W. MAY (Gippsland Province) asked the Minister of Agriculture-

(a) What representations were made which persuaded the Government to introduce daylight saving?

(b) What other rei ev,an t factors were taken into consideration?

(a) As at 3.9.71. (b)

Station.

I Fmt Sergeants. Senior Constables Sergeants. Constables. and Con-

stables.

Altona .. 1 1 5 1 Footscray-

Station .. 2 6 22 2 Criminal Investigation Branch .. 1 3 8 1

Kingsville .. 1 2 8 1 Laverton .. 1 3 . i Maidstone 1 3 12 Maribyrnong . 1 2 Newport ., 1 1 7 1 Sunshine-

Station .. 2 6 19 2 Criminal Investigation Branch ., 1 2 4 1

St. Albans .. 1 3 8 1 Werribee Williamsto~~

1 1 6 1

Station .. 2 4 14 1 Criminal 1 Investigation 1 Branch .. 3 . i Yarraville .. 1 4

·The Han. G. L. CHANDLER (Minister of Agriculture).-As yet, I have no answers to these questions but I understand that a Bill on this subject has been introduced in another place. I will endeavour to obtain the relevant information for the honorable member as soon as possible.

POLICE DEPARTMENT. STAFFING AT STATIONS IN MELBOURNE

WEST PROVINCE.

The HOD. A. W. KNIGHT (Melbourne West Province) asked the Minister of Public Works-

(a) How many police are stationed at each of the following police stations at present:-Williamstown, Altona, Newport, Laverton, Yarraville, Maidstone, Sunshine, St. Albans, Werribee, Footscray, Maribymong and Kingsville?

(b) What were ,the strengths of these sam·e stations twelve months and two years ago, respectively?

The Han. MURRAY BYRNE (Minister of Public Works) .-The answers contain detailed and statistical information, and I seek leave of the House to have them incorporated in Hansard without my reading them.

Leave was granted, and the' answers were as follows:-

Strength.

1970. 1969.

First First Senior Constables Sergeants. Senior Constables

Constables. and Con- Constables. and Con-stables. stables.

1 S 1 1 4

6 22 2 S 22

2 9 1 2 9 2 8 1 1 8 1 3 1 3 3 12 1 3 12 1 2 1 2 1 7 1 1 7

5 19 2 3 20

2 4 1 1 S 3 8 1 2 9 1 S 1 .. S

4 14 1 4 14

I 1 3 1 3 .. S . i .. s

l42. Que~tio!ls ,

STAFF ON DUTY AT'ROYAL SHOW:

The Hon.. A.W. KNIGHT (Mel~ourne. West. Province) asked the Minister of' Public Works-

In respect of the Maribymong, St. Albans, Sunshine, Werribee, Altona, Laverton, Footscray, Maidstone, Newport, Yarraville, Kingsville and Williamstown police stations, what number of ,police, stating the number of uniformed and Criminal Investigation Branch

personnel, respectively, have- been, -detailed to ,work at, the Royal Melboum-e ,Show. grounds during the Royal Agricultural Show?

The Hon. MURRAY BYRNE (Minister of Public' Works) .-The answer contains statistical and detailed information and I seek leave of the House to have it incorporated in Hansard without my reading it. , 'Leave w~ granted, and the ~nswer wqs as follo~s:~,' , ,

Station. I Nom"" of Mom""". .

'I I , , I ' 16.9.71. 17.9.71. 18.9.71. 19.9.71. 20.9.71. 21.9.71. 22.9.71. 23.9.71. 24.9.71. 25.9.71. Totals.

------------------------Maribymong .. St. AlbaDS Sunshine Werribee Altona Laverton Footscray Maidstone Newport Yarraville Kingsville .. Williamstown ..

1 . i . i

'2 '2

. i

I · i 1 . i 4 1

'4 · i 2 2 . i 1 1 1 · i 1 1

'i 2 1 5

2 1 1 3 16 . i 1 3

. i 1 . 3 . i '2 i9 1 1 1 1 6

1 1 1 5 1 1 . i 3

. i 1 1 5 1 2 7

--------------------------------Totals 4 4 16 4

VICTORIAN RAILWAYS.

WHEAT AND SUPERPHOSPHATE:

FREIGHT RATES.

The Hon. M. A. CLARKE (Northern Province) asked the Minister for Local Government-

( a) What were the Victorian Railways Commissioners' freight rates per ton between Melbourne and Boort for wheat and superphosphate (in bags and in bulk), respectively, in the respective years 1961, 1966 and 1971 (to date)?

(b) Is any increase in these rates contemplated?

The Hon. A. J. HUNT (Minister for Locall Government) .-As the answers contain statistical information, I seek leave of the House to have them incorporated in Hansard without my reading them.

Leave ' was granted, and the answers were as follows:-

(a) Superphosphate and wheat rates effective duqng the years mentioned from Melbourne to Boort are as follows:-

5 6 5 12 3 12 71

From From From From 6th 27th 14th 29th

March. Sep- August. August. 1960 tember. 1966 1971 1964 ---------

$ $ $ $ per ton per ton per ton per ton

Superphosphate Wagonloads-In bags and bulk 3.00 3.30 3.65 4.75

Wheat In bags and bulk 5.25 5.80 6.40 6.40

(b) No.

RIVER MURRAY COMMISSION.

MURRAY VALLEY SALINITY

INVESTIGATION REPORT.

The Hon. M. A. CLARKE (Northern Province) asked the Minister for State Development-

(a) What lines of action has the River Murray Commission suggested to the Victorian Government regarding the implementation of the River Murray Commission's Murray Valley salinity investigation report of September, 1970?

(b) What action has the Minister of Water Supply taken towards implementing this report?

Questions [7 SEPTEMBER, 1971.] on Notice." 1'43'

The Hon. V. O. DICKIE" (Minister for State Development). - The answers are-

(a) The Minister for National Development, the Honorable R. W. C. Swartz, M.B.E., E.D., M.P., in his capacity as President of the River Murray Commission, has recently written to the four Governments concerned, setting out for consideration a proposed approach to handling the salinity question in the Murray Valley. Mr. Swartz has indicated that the River Murray Commission proposes to accept responsibility for detailed investigations for the interception and disposal of saline inflows which can be shown to have been caused or aggravated, by works constructed by the River Murray Commission. In the light of results the commission would make recommendations to the Governments as to construction, operation and maintenance of appropriate works.

He has also indicated that the following works associated with the interception of saline inflow, which are regarded as matters for the States, would be eligible for consideration for Commonwealth assistance under the national" water resources development programme:-

. (i) diversion and disposal of saline flows which have been collected as part of State programmes of surface or underground drainage associated with irrigation development;

(ii) works to intercept and dispose of saline inflows which are largely or exclusively part of the natural hydrological process.

Mr. Swartz has proposed a collaborative approach by the Commonwealth and the appropriate States to studies of these matters, as well as to studies relating to improvements to irrigation farm management practices, and drainage and interception of irrigation channel seepage, also recommended in the consultants' report.

The Government is considering these proposals and will reply as soon as practicable.

(b) The Water Commission commenced some time ago a comprehensive f.actfinding programme in the Kerang area and Goulburn Valley relating to ground forms, groundwater levels, the location and yield of aquifers and the defining of salt-affected areas. Extensive use is being made of colour aerial photography.

Other studies in progress include channel seepage experiments and the instrumentation of a catchment area to determine the effecti~eness of surface drains in preventing acceSSIons to groundwater.

STATE TEACHING SERVICE. REPORT OF BOARD OF IN Qumy.

The Hon. G. L. CHANDLER (Minister of Agriculture) presented, by command of His Excellency the Governor, the report of the board of inquiry into certain aspects of the State Teaching Service.

It was ordered that the report be laid on the table.

For the. Hon. J. W. GALBALLY (Melbourne North Province), the Hon. J. M. Tripo'Vich moved-

That the report of the board of inquiry into certain aspects of the State Teaching Service be taken into consideration on the next day of meeting.

The Hon. I. A. SWINBURNE (North-Eastern Province) .-1 should like to ask the Leader of the House whether it would be possible for copies of the report to be made available to all honorable members. The Government. has made a copy available to me and another to my deputy, but it is difficult for members of the various parties to consider a motion such as that moved by Mr. Tripovich on behalf of Mr. Galbally, which may be debated on the next day of meeting, if they are not in possession of copies of the report. This report covers 140 or 150 pages and I have spent several days studying it. It is a technical report which requires a' fair amount of study. I believe copies of these reports should be made available to honorable members immediately they are tabled, and if copies are not available 1 ask the Minister of Agriculture when they will be available.

The Hon. G. L. CHANDLER (Minister of Agriculture) .-1 understand that copies of the report will be available to honorable members and 1 give Mr. Swinburne an assurance that it is right and proper that they should be available. 1 shall endeavour to ensure that copies are made available to honorable members.


144 Closer: Settlement [COUNCIL.] Bill.

CLOSER SETTLEMENT BILL. The Hon. G. L. CHANDLER

(Minister of Agriculture) .-1 move-That rthis Bill be now read a second time.

It is a small Bill to nullify the effect of certain conditions inserted in some Crown grants issued under various Closer Settlement Acts and to amend the Closer Settlement Act 1938. The 1938 Act was a completely new Act and it repealed all Closer Settlement Acts operating at the time. When it came into operation on 1st January, 1939, there were more than 12,000 civilian and discharged soldier settlers on the land in Victoria whose conditional purchase leases under the previous Closer Settlement Acts were cancelled and who were granted new leases in substitution called closer settlement leases. These substituted leases were for a term of 39 years from 1st March, 1939. Other fresh leases were granted after that date.

The number of closer settlement leases not made freehold and still current is now only about 600, of which about 540 will mature into freehold by 1978. The other 60, which were issued since 1938, will expire on varying dates.

By 1978, the Closer Settlement Act will have served its main purpose of placing closer settlement after the first world war on an equitable basis and the further operation of the Act after that year will then have to be reviewed. In the meantime, some machinery amendments are required to cope with the 'changing times.

There are three subjects covered by the Bill-

1. Restrictive conditions in Crown grants issued under the Closer Settlement Acts.

2. Amendments of the Closer Settlement Act 1938.

3. Revocation of certain old Purchase Acts.,

These matters will be explained clause by clause. Clause 1 cites the Bill as the Closer Settlement Act 1971

and provides for it to come into operation on a day or days to be fixed by proclama tion.

Clause 2 in sub-clause (1) refers to a condition that was inserted in a Crown grant of a workman's home allotment to the effect that the land granted is not to be maintained or used as a site for more than one residence and not more than one building for business purposes.

The first Closer Settlement Act in 1904 provided that such a condition was to be inserted in every conditional purchase lease of a workman's home allotment and the condition was carried into the Crown grant when each lease was made freehold, although the Act did not make this mandatory. This practice was followed until 1938, when it was disc-ontinuecJ.

Legislation had been passed in 1925 to allow the Closer Settlement Board to certify that a workman's home allotment could be used to better advantage for other purposes. Where a certificate was issued, the Registrar of Titles was authorized to make an endorsement to that effect on a Crown grant or, if a lease was involved, the reference to a workman's home allotment was omitted on conversion to freehold.

When the Closer Settlement Act 1938 came into operation it repealed all previous closer settlement Acts but continued every existing lease of a workman's home allotment in the metropolis by applying the relevant provisions of the repealed Acts. All such leases have since been made freehold.

The position is that, with few exceptions, every Crown grant of a workman's home allotment issued between 1904 and 1938 contained the condition, and there are hundreds of such grants. After 1938, the Lands Department dealt with applications for deleting the condition contained in Crown grants of closer settlement land in the metropolis on the ground that the rights of the grantees under

Closer Settlement [7 SEPTEMBER, 1971.] Bill. 145

the repealed Acts should not be adversely affected. Also it could be inferred from the Closer Settlement Act 1938 that the power to do so held good.

The lands concerned are the old estates at Glenhuntly, Tooronga, Brunswick, Northcote and Footscray which were subdivided and disposed of in workmen's home allotments in the early part of the century. Land use is now covered by the Melbourne Metropolitan Planning Scheme and the condition serves no useful purpose. It is proposed that any such condition in a closer settlement grant be declared null and void.

Sub-clause (2) of clause (2) refers to a restrictive condition in certain grants issued under the Closer Settlement Acts where lands were sold for churches, schools, halls, factories, shops, water bailiffs' dwellings and various other purposes. From 1912 to 1938 it was a statutory provision for such grants to contain a condition that the land granted could be used only for the specific purpose named in the grant except with the prior consent of the Governor in Council. Moreover, the land could not be subdivided except in accordance with a design approved by the Lands Purchase and Management Board. The first part of the condition has been inserted in some grants issued since 1938.

Because of changes in land use, there are many cases where the condition is no longer relevant because the original purpose for which the land was sold is outmoded. Although there is power for the Governor in Council to consent to the land being used for other purposes there is some doubt whether he can consent to the abolition of the restrictive condition. In many cases. land use is now controlled under the Town and Country Planning Act and it is thought desirable to have power to declare the condition null and void. It is not proposed to do this outright by the Bill because the lands referred to were often sold for a

. public or semi-public purpose. Each case should be investigated and dealt with on its merits.

Sub-clause (3) is to cope with the fact that a Crown grant of closer settlement land to be used for a specific purpose stated the nature of the purpose in several places in the document. It is to 'ensure that an order under sub-clause (2) to render a condition relating to a specific purpose null and void shall apply to any statement of that purpose in the document.

Sub-clause (4) of clause 2 is to make it clear that the proposed provision does not affect section 38 of the Transfer of Land Act 1958. That section provides that a Crown grant to two or more persons in joint tenancy for any public purpose cannot be transferred other than by the registered proprietors except by order of the Supreme Court or of the Registrar of Titles. Sub-clause (5) makes provision for a prescribed fee.

Two aspects of the amendments have been looked into and should be mentioned. One is the matter of compensation which might be claimed by the Crown for removing what is virtually an encumbrance. It was the practice up till 1938 to sell closer settlement land at not less than the price at which it was originally acquired plus a loading. Since 1938, land has been sold at market value although there may have been an occasional case where some reduction was made because of the purpose for which the land was sold, but this would be difficult to prove. In the circumstances, a claim for compensa tion cannot be justified.

The other aspect is the application of the amendments to the Crown grants which are subject to the conditions. There is sufficient power in the Transfer of Land Act for the Registrar of Titles to use his discretion should an endorsement be sought.

146 Closer Settlement [COUNCIL.] Bill.

Clause 3 amends the Closer Settlement Act 1938 to provide for changes in the appointment of settlers inquiry committees. Under the existing legislation, such a committee must consist of the Secretary for Lands as chairman and two other officers of the Department of Crown Lands and Survey appointed by the Governor in Council. A committee has powers and duties conferred on it by the Act and inquires into and reports on such matters as are referred to it by the Minister.

As there are only some 600 closer settlers remaining and most of their leases will expire and be converted to freehold by 1978, the nature of. any inquiries to be made by a commIttee rarely calls for the appointment of the Secretary for Lands as chairman of the committee. The proposed amendment will allow the Minister to appoint a committee consisting of members of the Department of Crown Lands and Survey and he will be enabled to use his discretion whether the Secretary for Lands should sit on the committee.

Clause 4 relates to the conversion of a closer settlement lease to a Crown grant. Where such a lease is subject to a notification or entry made pursuant to any Act, such as an appropriation of an easement under the Water Act, it is proposed that the notification or entry shall be transferred to the grant by the Registrar of Titles. At present such an easement would be carried into the grant as a condition. The amendment will allow the Registrar of Titles to deal with such notification or entry under the Transfer of Land Act should it ever become surplus to requirements. Clause 5 repeals five old closer settlement purchase Acts which are now spent.

The first legislation relating to closer settlement was Part Three of the Land Act 1898 which was superseded by the Closer Settlement Act 1904. Under the original legislation all acquisitions of land for closer settlement had to be authorized by

The Hon. G. L. Chandler.

Parliament. The five purchase Acts no longer serve any purpose and it is proposed to repeal them.

One of the Acts to be repealed by the Bill, the Brunswick Lands Purchase Act 1900, authorized the acquisition of an area of 91 acres of lands -at Brunswick which was subdivided and disposed of in workmen's home allotments. That Act prohibited any person from holding more than 3 acres of the Brunswick lands and all grants of such lands referred to the prohibition. The repeal of the Brunswick Lands Purchase Act will render the prohibition null and void.

This rather technical Bill relates to the many and varied Acts that have been passed by Parliament governing land settlement in this State. 1 wish to assure honorable members that if any technical or other information is required 1 shall be happy to meet their wishes. 1 commend the Bill to the House.

On the motion of the Hon. D. E. KENT (Gippsland Province) , the debate was adjourned.


STATUTE LAW REVISION BILL. The Hon. A. J. HUNT (Minister

for Local Government) .-1 move-That this Bill be now read a second time.

I indicate at the outset that 1 propose to invite the House to deal with this measure in a certain way. A Bill in almost identical terms was introduced and fully explained to the House last session. Very properly, on the motion of_Mr. Clarke, it was referred to the Statute Law Revision Committee for examination and report. In fact that committee was in the midst of its examination when the House was prorogued and the committee lost its right to continue consideration of the measure. Therefore it seems appropriate that this measure should go to the same committee to enable it to complete its studies. That is the course I shall presently propose.

ChiropodiSts (RegiStration)' [7 SEPTEMBER, 1971.] BilL" , .' 147

On 'the motion of the Hon. A. J. HUNT (Minister for Local Governtnent)~ the debate was adjourned.


The Hon. A. J. HUNT (Minister for Local Government) .-By leave, I move-

That the proposals contained in this Bill be referred to the Statute Law Revision Committee for examination and report.


CHIROPODISTS (REGISTRATION) BILL.

The Hon. V. O. DICKIE (Minister ~or State Development) .-1 move-

That'this Bill be now read a second time.

This small Bill is introduced to enable certain persons who have been working as chiropodists, many for a number of years, to be registered and continue to practise their profession.

Three years ago an Act-the Chiropodists Act, 1968-was passed by the Parliament to set up a registration board to control the practice of chiropody in this State. A board was established and the Act came into operation on 10th February, 1970. Amongst other things the legislation makes it an offence for any unregistered person to practise chiropody for fee or reward.

By sub-section (1) of section 10 of the Chiropodists Act any person engaged in the practice of chiropody could, within twelve months of the commencement of the Chiropodists Act 196B-that is, before 10th February, 1970-apply to the Chiropoqists Registration Board of Victoria for registration as a chiropodist on the ground of long experience although that person's initial training in chiropody may not have been equal to that which would be given at present. Most chiropodists applied for registration during the twelve months, although 34 applications were submitted after the expiry of that period. There may be s'Ome others who have not yet applied.

The board' does not wish arbit~ rarily to deprive any people of their livelihood and has therefore sought the Government's assistance to extend the period of application under the Act for a further period of twelve months.

The short amendment contained in this Bill will enable the Chiropodists Registra tion Board to process the 34 late applications it now holds and to receive further applications from persons eligible to apply up to 10th February, 1972. The board will publicize the further opportunity to apply and the need after that date to be registered if a person is to practise chiropody for fee or reward.

On the motion of the Hon. D. G. ELLIOT (Melbourne Province), the debate was adjourned.



The debate (adjourned from August 31) on the motion of the Hon. V. O. Dickie (Minister for State Development) for the second reading of this Bill was resumed.

The Hon. J. M. TRIPOVICH (Doutta Galla Province) .-This small amending Bill is necessary because of a defect contained in the Scaffolding Act 1971, in which "municipal district " is defined as " a municipal district as constituted under the Local Government Act 1958." Neither the municipal district of Melbourne nor the municipal district of Geelong is constituted under the Local Government Act 1958 and the present Bill seeks to rectify the position.

My party does not oppose this short amending Bill, which will allow legislation passed during the autumn sessional period to function and to include the municipalities of Melbourne and Geelong. However, I point out that when the Scaffolding Bill was passed by Parliament certain criticisms were put forward about

148 Scaffolding [COUNCIL.] (Amendment) Bill.

the inability of the factory inspectors to provide proper policing of the scaffolding legislation, and it was regretted that the Government did not see fit to make at least some report concerning what would be done in the future. This criticism did not come entirely from this side of the HouseMr. Ward also made certain observations. It is evident that under existing arrangements little assistance will be given towards the policing of scaffolding and therefore it is felt that the Government should indicate what is proposed to be done.

It is' true that inspection of highrise developments will be taken over by the Department of Labour and Industry but that control of scaffolding below the height of 30 feet will continue to be administered by the municipal authorities. However, the municipalities have few staff properly trained to police the scaffolding legislation.

It is felt that the provisions to be laid down by the Department of Labour and Industry should be the basis of some statement to this House, or another place, if necessary, indicating that the inspections will be carried out by a separate department and explaining which experienced persons will be made available for these inspections. This could avoid . a repetition of what has happened In the past two years in instances where there has been laxity in the erection of scaffolding.

My party appreciates the need for the Bill and offers no objection to it, but feels that the Government should make a statement on its proposals in regard to the provision and training of suitable inspectors of scaffolding on high-rise buildings. It is a dangerGUS operation and proper provision should be' made for this scaffolding to be policed.

The Hon. R. W. MAY (Gippsland Province) .-The Country Party offers' no objection to this Bill, which will amend legislation recently passed by P~rliament. Honorable members

have become accustomed to legislation being introduced and then requiring amendment almost before it is proclaimed. This is another Bill that falls into that category.

The principle of the legislation was approved by members of the Country Party when it was first introduced into Parliament. The Bill proposes to rectify an anomaly which was outlined by Mr. Tripovich, and I do not propose to traverse the ground he has so ably covered. It does not affect the position of country municipal'ities represented by my party, and accordingly my colleagues and I give the measure our support.


The Bill was read a second time and committed.

Clause 1 was agreed to.

Clause 2 (Amendment of Act No. 8146).

The Hon. V. O. DICKIE (Minister for State Development) .-For the first time I am in the happy position of not having received a Bill from another place for which I have had to have the answers without there being an opportunity to refer queries back to the Minister in charge; of 'the legislation for further commen t from him. The matters raised· by Mr. Tripovich are relevant and deserving of an answer. I can only indicate. to the honorable member tha t I shaH bring his comments to the notice of the Minister and hope that in another place his questions win be adequately answered.

The Hon. J. M. TRIPOVICH (Doutta Galla Province) .-1 thank the Minister for that assurance. At present the scaffolding legislation is not the subject of a report by the Department of Labour and Industry' because it is controlled by the municipalities and there is no collective knowledge in the office of the department. This is why my party has always advocated that the scaffolding i-egislation should be controlled by the Department of Labour

Summary Offences. [7 SEPTEMBER, 1971.] (Amendment) Bill. 149

and Industry, and therefore should be the subject of a report by the departmen t. It concerns a dangerous occupation lin which oiften loss of man hours occurs and sometimes even loss of life. A report will now be submitted by the Department of Labour and Industry on buildings over 30 feet high, but it would also be interesting to obtain a report conc'erning those buildings under the control of municipal councils. The administration of the legislation and the inspection of scaffolding by some municipal councils has been extremely lax over many years.

The Hon. W. M. CAMPBELL.-Particul'a'fly in Melbourne.

The Hon. J. M'. TRIPOVICH.That is so. Despite criticism offered by unions concerned on many occasions, nothing has been done. I shall look forward with interest to the next report of the Department of Labour and Industry.

The clause was agreed to.

The Bill was reported to the House without amendment, and passed through its remaining stages.


The debate (adjourned from August 31) on the motion of the Hon. A. J. Hunt (Minister for Local Government) for the second reading of this Bill was resumed.

The Hon. J. M. TRIPOVICH (Doutta Galla Province) .-This is another short machinery Bill which has two objects. One relates to the development of assaults which have become known as "pack attacks ", a dreadful growth of which has taken place over the past three or four years. Some of these cruel attacks have even resulted in death, as occurred some two years ago when a railway man walking home in Williamstown was kicked to death. Honorable members may also be aware that not long ago the respected secretary of the former Chief Secretary, , in another capacity, was

attacked by four youths on his way home from the Broadmeadows railway station. He suffered serious injuries which led to several weeks' hospitalization, followed by a further period of recuperation before he was fit to return to work.

Parliament has previously amended the Summary Offences Act 1958 to provide that any person who unlawfully assaults or beats another person shall be guilty of an offence which is known as common assault and for which is provided a pena1ty of three months' imprisonment or a fine of $250. When the Summary Offences Act was passed in 1958 it was not envisaged by the Government that such a thing as the aggravated assault by "pack attacks" would take place. However, for aggravated assault extra penalties were provided to deal with attacks on a male child under fourteen years of age or a female.

The Bill amends sub-section (2) of section 24 of the Summary Offences Act to provide that if a person in company with any other person or persons assaults another person he shall, on conviction, be liable to imprisonment for twelve months. Members of the Opposition commend the Government, if commendation is ' necessary, for introducing this amendment so that magistrates may at least have an adequate penalty with which to deal with this modern-day problem. Mr. Hider made an appeal for the adoption of a modern approach to penalties, but members of our party consider that this penalty is necessary. I sometimes doubt whether imprisonment for twelve months is a sufficient penalty for a pack attack.

The second amendment contained in the Bill relates to the power of the court to proceed where property is stolen in another State. In his explanatory second-reading speech, the Minister pointed out that doubts have arisen whether action can be taken against a person in Victoria with respect to property stolen or unlawfully obtained in another State. At present, the only means available for

150 Summary Offences .' [COUNCIL.] '. ~ (Amendin~ntYBiII . ..

dealing with an .offender is by extradition to the State concerned. In cases where the article stolen is of minor value the question of expense arises. Therefore, the Bill proposes, by an amendment to section 26 of the Act, that irrespective of where an article is stolen or unlawfully obtained the court may proceed.

A stipendiary magistrates' conference made certain suggestions to the Government which have been adopted and included in the Bill. Members of the Opposition offer no objection to the passage of the measure. I condemn the persons who take part in pack attacks; one cannot understand their mentality. Today,:1 person is not safe when walking home from a railway station or a tramway stop, or even to the corner shop to buy a newspaper. This is a dreadful state of affairs, and action is necessary. Therefore, members of our party support these amendments.

The Hon. B. P. DUNN (NorthWestern Province) .-Members of the Country Party do not object to this measure-in fact, we support the two amendments proposed to the Summary Offences Act, particularly the amendment relating to assault in company about which Mr. Tripovich expressed his concern. From newspaper and news reports it is evident that the number of assaults and attacks on innocent people is increasing, particularly in the Melbourne metropolitan area. This situation must be of concern to every citizen and all members of Parliament. Although many people are inclined to take these attacks for granted, because there are so many such occurrences, Parliament must do all it possibly can to protect the citizens of Victoria. A woman or a child is not safe at night, or even during the day, in some areas of Melbourne, when travelling on a train or walking along some streets. because of the danger of being attacked.

The Bill provides increased penalties for pack attacks, which are the most cowardly type of attack. In some cases, three or four or even

more persons attack one. person and beat him mercilessly. Such cowardly attacks must be stopped. . Some people talk about what can be done to help the criminal once he is convicted of an offence, but our first consideration should be for his victim, who must be protected. I am in favour of the imposition of a penalty of up to twelve months' imprisonment as provided in the Bill. The annual report of the Chief Commissioner of Police for the year 1969 listed 1,172 cases of serious assault. No doubt some assaults could have come under the heading of murder, manslaughter or attempted murder.

The second amendment contained in the measure relates to property stolen in another State and held by a person in Victoria. The amendment will clarify the situation and will facilitate the hearing of such offences before the court. Members of the Country Party offer no objection to the Bill because we are vitally concerned about the safety of the individual in Victoria and we wish the Bill a speedy passage.

The Hon. H. M. HAMILTON (Higinbotham Province) .-About two years ago, a young lad was standing in front of the Bentleigh post office waiting for his mother. Two car loads of youths with their girl-friends, apparently all charged with some liquor, drove past. They saw the lad standing there, and somebody said, "Let's get him". For no apparent reason they piled out of the cars, assaulted the youth, kicked him and left him virtually a vegetable.

The Hon. A. K. BRADBURy.-Such persons are wild dingoes.

The Hon. H. M. HAMILTON.That is true. Somehow, a sympathetic magistrate imposed a penalty of a fine on the persons concerned after they were apprehended. I do not think the youth has yet recovered.

Attacks of this kind are all too common in the community today. They affect not just a few people but a . large number. Today,

Summary Offences [7 SEPTEMBER, 1971.] (Amendment) Bill. 151

women are afraid to use public transport at night because of the threat to their safety by the type of person of whom I have spoken. I know that only last week Mr. Hider made some comments about revising penalties, but I feel there is a deterrent element in heavy penalties imposed for this sort of attack. There is an obligation on those who administer the law to ensure that it is administered properly and is used to protect innocent citizens against such attacks.

When the Federal member for the area in which this young lad was attacked wrote to the press protesting at the penalty imposed and inviting letters from persons who felt that this was an inadequate application of the powers available to the magistrate, I do not think one letter came in to support him. N evertheless, when one talks to the man in the street and to ladies one knows, they demand some form of protection. The first form of protection is the provision of an adequate system of detection to apprehend offenders, and the second is to put offenders away where they are no longer a threat to society. I believe that, in addition to passing this measure, we have to make it quite clear to those charged with the administration of the law that society wants protection, and that we do not want to' pat these people on the back and tell them to be good and not to offend again.

The Hon. R. J. EDDY (Doutta Galla Province) .-1 support the remarks of previous speakers. Reference has been made to pack assaults which have occurred over the past three or four years. Each Monday morning the newspapers contain reports of pack assaults which have occurred over the week-end. Of course, some pack assaults occur during the week. Last Monday, I read a report which stated that in Reservoir two youths returning home from the football on Saturday . afternoon were assaulted and robbed by a car load of youths. Such occurrences are becoming far

too frequent. On occasions, carloads of youths break into parties at the homes of respectable people and assault and batter persons present.

As one who sits on the bench as a justice of the peace and has to hear cases of pack assault, 1 consider that the proposed penalty of twelve months' imprisonment is not sufficient. A person who is hospitalized as a result of being attacked and beaten is not compensated for the time he spends in hospital, but I realize that that is another subject. I support the Bill, my only criticism being that the maximum penalty of twelve months' imprisonment is not sufficiently harsh. 1 realize that it is up to the magistrate or the justice of the peace to impose appropriate sentences for attacks by the louts to whom I have referred. Although the Bill increases the penalty from three to twelve months 1 consider that the maximum penalty should be at least two years.

The Hon. D. G. ELLIOT (Melbourne Province}.-I was interested in the remarks of my colleague, Mr. Eddy. There is probably general agreement on the proposed increased penalty for these shocking offences which are an indictment against our way of life. Surely there must be some inherent sickness in those who commit offences such as these. I wonder whether the permissive society and lack of discipline create the embryo stages of crime. What is behind all this? Crime and punishment must not only be dealt with in any form of society and in any age but, if possible, one must try to get to the cause of the crime with a view to eradicating the necessity to punish. Inevitably, some people will commit offences of this nature in the most perfect society.

In any of these serious crimes, due and serious consideration must be given to some form of inquiry through social workers. Surely some existing Government agency or combination . of agencies should be available to get to the genesis of these cases and find out why they occur, in the

152 Summary Offences [COUNCIL.] (Amendment) Bill.

same way as traffic deaths are dealt with. This goes far deeper than punitive measures and the type of society that has been created in Australia.

The Hon. A. R. MANSELL (NorthWestern Province) .-1 am pleased tonight to hear honorable members make different contributions to the debate from those which are usually made when Bills of this nature are introduced. Mostly it is a case of increasing fines or penalties-usually the maximum fine is increased. What about the minimum fine? I believe this, too, should be increased.

Criticism has been levelled at the judiciary. I do not blame the judges and the magistrates. Honorable members are to blame; they make the law, set the standard and determine the penalties. However, we have never been game to insist on them because we would be accused of being harsh. Honorable members have been told that offenders should not be gaoled or otherwise punished-that they are sick boys!

The present problems arise from lack of parental control and discipline. In the days of the cadets, boys had some military or semi-military training and this gave them discipline. Admittedly, there was a lot of skulduggery, fun and games, but the pack bashers, the assaults and the rapes did not predominate. It is up to the Parliament and the Government to examine the penalties. Action should be taken to provide minimum penalties and ensure that they are enforced. A judge or a magistrate must first ascertain guilt and then look at the penalty and decide whether or not it is adequate.

The penalties for the type of offences discussed tonight are not adequate and the Government should insist on higher minimum penalties. Why should people not be recompensed if they are bashed by thugs? In some of the cases mentioned tonight, the minimum fine has been only a few dollars. What abollt

the victim who· has to spend time in hospital? It affects his work and home life .and he receives no recompense, but the "dingo" can get away with a fine of only a few dollars. Probably he has collected this sum from the victim's pockets. The Government should increase the minimum penalty and this would also bring extra finance into the exchequer.

The Hon. H. R. WARD (SouthEastern Province) .-1 cannot say that I am in favour of the minimum penalty. Some reflection has been made on the judiciary, magistrates or justices of the peace. A person cannot sit on the bench and initially make up his mind on the penalties to be imposed. These penalties must depend on the work of the prosecutor and the evidence that is adduced. Any person who has sat on the bench knows that the penalty must depend on the evidence put before him. If a person determined on a twelve months' penalty before he heard the evidence he should not sit on the bench and he should not be a member of the judiciary. This is not a proper approach.

Evidence is led and in some cases it is said that the offence would not have happened if the person concerned had not been in ~he company of other people, that it occurred because he had consumed drink or that some special circumstances were involved. I compliment Mr. Elliot on his remarks about the problems of society. These should be examined. I cannot immediately accept the suggestion that there should be a m'inimum penalty or that a person should make up his mind about sentencing an offender before he has heard the evidence. This is a mistaken way of approaching the duties of the court. The penalty should be decided after the evidence is considered.

It is of no use blaming the bench for the penalty-this concerns the evidence and the work of the prosecutor. If the evidence is fully supported, the sentence will be hard. I

Summary Offences [7 SEPTEMBER, 1971.] (Amendment) Bill. 153

have sat on the bench and have heard some shocking evidence on which one could not possibly sentence any one; but this is a problem which the bench faces. It is not a question of blaming the magistrates or the justices of the peace. Mr. EHiot's remarks should be carefully considered.

The Hon. C. A. M. HIDER (Monash Province) .-In view of some of the comments made, I make it quite clear that at no stage did I suggest that there should not be gaol sentences for the crimes we are discussing tonight. I endeavoured to make the point that if the crime is serious, it certainly warrants a gaol sentence, but not just a few months, as it is likely that the penalty of a few months would have no benefit for the person and would not assist in his rehabilitation. The serious offences of pack attacks, causing great damage, certainly warrant heavy gaol sentences.

I agree with Mr. Ward that it is impossible without looking at all the circumstances to know whether arbitrary minimum sentences should be imposed. It seems to be the tenor of the debate that if there were such a sentence, presumably it would be twelve months' imprisonment. If not, there should be no conviction if it were felt the offence was not sufficiently serious. The offender could be placed on a bond and the intention behind a gaol sentence would be defeated.

I am heartened by the suggestion that the whole problem should be examined. It should be determined whether or not a prison sentence as such is the appropriate deterrent and whether the victims of the attacks are being adequately cared for and compensated. I believe that the victims of these assaults should be compensated and that the person who should pay compensation is the perpetrator of the assault. Too often this is not being done and adequate steps are not being taken to obtain compensation from the perpetrator.

I agree that the matter should be looked at thoroughly to ensure that proper justice is done. I would not agree with any suggestion of minimum penalties. The bench is the appropriate body to decide what the penalty should be, but Parliament can indicate that these crimes are viewed so seriously that in certain cases the maximum penalty should be imposed. Let us not try arbitrarily to impose a penalty before the case is heard.


The Bill was read a second time and committed.


Clause 2, pr.oviding for increased penalty for assault in company.

The Hon. A. J. HUNT (Minister for Local Government) .-There are times in this House when a debate arises spontaneously and honorable members speak freely from the heart and contribute from their combined knowledge, wisdom and experience. Tonight has been such an occasion and I am proud of honorable members for the way they have supported this Bill and have thereby let the public know, in no uncertain terms, that they are in unanimity in this matter, that they believe that pack rapes and cowardly attacks must be dealt with severely and that every effort must be made to stop them. By their unanimity tonight honorable members have shown where Parliament stands. By quadrupling the maximum term of imprisonment, Parliament can show the courts in no uncertain terms where it stands concerning these offences.

Questions were raised by some honorable members whether the maximum term of twelve months' imprisonment for pack attacks is sufficient. I wish to make it quite clear that that is by no means necessarily the maximum term for pack attacks. Sub-section (2) of section 24 of the Summary Offences Act provides for a maximum penalty of two years' imprisonment where the assault is

154 Summary Offences [COUNcn..] (Amendment) Bill.

with a weapon or by kicking. Most of the cases referred to have been when serious damage has been done and have involved either kicking or assault with a weapon. In cases of assault causing actual bodily harm or grievous bodily harm the penalties are higher again.

Provision is now being made for a penalty of twelve months' imprisonment for assault in company. Honorable members have unanimously agreed that this is a major advance. I am sure that Mr. Galbally, who has just entered the Chamber, will be happy to know that honorable members have unanimously supported this principle and are willing to let both the courts and the public know it.

Mr. Mansell spoke of the desir-ability of a higher minimum penalty. I believe that Parlia-ment can provide a proper lead by providing maximum penalties rather than minimum penalties. Minimum penalties fail to take all individual 'cases into account. It may be that a minimum penalty would not take into account the question of some provocation. Honorable members have provided a lead to the courts by quadrupling the possible term of imprisonment and it must be borne in mind that in other serious cases provision is made for even higher terms of imprisonment.

Mr. Elliot raised a question concerning the causes of this dreadful and cowardly type of pack attack and its increasing incidence. I do not pretend to know all the answers, but I know that a contributing factorone which has been proved around the world-is the increasing size of cities. As a city increases in size, so do attacks of this kind, because there is a loss of contact between individuals and a growing sense of social alienation.

This is one of the most powerful arguments for decentralization, and it. is one which will ensure that, in the planning field, I shall co-operate fully with the Minister for State

The Hon. A. J. Hunt.

Development, because I believe that his department and mine must work together closely in this matter.

I believe this has been a most useful and stimulating debate, and one which has been in the best traditions of this House; and I shall ensure that all of the speeches that have been made are drawn to the attention of the Attorney-General. I am sure they will be well worth reading and I shall ask the honorable gentleman to read the full text of the debate.

The Hon. H. M. HAMILTON (Higinbotham Province) .-Will the Minister also draw the attention of the Attorney-General to a statement which was made by one of my colleagues who believed that persons guilty of those offences should incur some financial liability? I believe this is a matter which should be carefully studied. When a person is incapacitated for a long period by an attack of this nature the offender should be responsible for restoring the financial loss sustained by the victim. I believe he should be generally responsible for financially supporting the victim until he has recovered.

The Hon. J. W. GALBALLY (Melbourne North Province).-A person is responsible now, civilly as well as criminally, if he is guilty of assaulting another person; but how does one get blood out of a stone? I think victims of such a crime should be in exactly the same position as victims of motor car accidents.

The Hon. I. A. SWINBURNE.-Compulsory insurance?

The Hon. J. W. GALBALLY.-That could be the answer.

The clause was agreed to, as was the remaining clause.



Sewerage .. Districts. [7 SEPTEMBER, 1971.] <4mendment) Bill. l55


The debate (adjourned from August 31) on the motion of the Hon. V. O. Dickie (Minister for State Development) for the second reading of this Bill was resumed.

The Hon. A. W. KNIGHT (Melbourne West Province).-The Minister adequately explained this measure. Its purpose is to bring some of the sections of the Sewerage Districts Act into line with the Local Government Act, particularly those relating to the financing of private works. As the Minister explained, certain schedules will have to be altered. It would be wrong to take up the time of the House in dealing with this machinery measure at length. The Labor Party does not oppose it.

The Hon. A. R. MANSELL (NorthVolestern Province) .-Not much can be said about this Bill. Everyone knows that the amendments are necessary to bring the principal Act into line with another Act. The first amendment concerns the treasurers of sewerage authorities. When a provision was introduced into the Local Government Act to make the appointment of a treasurer mandatory, I felt that that imposed a hardship on f.mall municipalities. Such an appointment is not now mandatory under the Local Government Act and this Bill creates a similar position under the Sewerage Districts Act. Of course, if an authority is large enough and needs a treasurer, one may be appointed. This will allow a saving of money, particularly in small country towns. More small towns than ever before have sewerage installed, and construction is continuing and expanding. The amendment will benefit these places financially.

The amendment relating to the variation of the interest rate is simple and the Country Party does not object to it ..

I am surprised that the amendment requiring a person to give notice of the sale of land subject to rates should be necessary. I understand that such advice always goes to the municipality. Perhaps my thinking· is coloured by the fact that I was a member of the Mildura City Council which had the same offices as the sewerage authority, so that notice to one served both. However, there are a number of sewerage authorities which are separate from the local municipalities.

The Country Party supports the Bill because it will help sewerage authorities to get on with their works and will lead to cheaper administration.

The motion was agreed to. The Bill was read a second time,

and passed through its remaining stages.

GOVERNOR'S SPEECH. AnDRESS-IN-REPLY.

The debate (adjourned from August 31) on the motion of the Hon. Haddon Storey (East Yarra Province) for the adoption of an Address-inReply to the Governor's Speech was resumed.

The Hon. J. M. TRIPOVICH (Doutta Galla Province) .-First, I reaffirm all those loyalties which are u~ually expressed in this debate. I compliment Mr. Storey on the way in which he moved the motion for the adoption of an Address-in-Reply. He took a wide and modern approach to the questions of the quality of life and the environment, and his statements were well considered. I also compliment Mr. Hider. My interjection during his speech was not meant as criticism of him. In fact, I was so much in sympathy with what Mr. Hider was saying that I wanted him to talk to members of his own party and not to Opposition members. We on this side of the House were saying "Yea, yea, yea," while certain honorable members on the Government side of the Chamber were shaking their heads in horror at some of Mr. Hider's remarks.

156 Governor's Speech: [COUNCn...J Address-in-Reply.

The honorable member showed a forward outlook and I look to the day when he is a willing supporter of measures which have long been suggested in this House by my Leader, Mr. Galbally.

I pay tributes to those whose deaths were mentioned by His Excellency. I had a long association with the Honorable T. T. Hollway-I was not always opposed to his ideas-when he was the member for Ballaarat in another place. I had a much closer associa.; tion with him when he came to contest Glen Iris. It is regrettable that Mr. Hollway did not enjoy good health in later years. I am certain that the sympathy of all honorable members goes to Mrs. Hollway, who, unfortunately, has suffered a stroke. We all wish her a speedy recovery.

I speak with some feeling about the late Keith Dodgshun. I was his opponent in Rainbow in 1946 but I knew him for years before that. When he lived at Hopetoun, I was a school boy at Galaquil. There would not be a family in that area that did not know of and have a great respect for Keith Dodgshun when he was a member of Parliament. Mr. Dodgshun was a returned soldier of the first world war. Two of my brothers enlisted from Beulah to serve in that war, and this provided another link with him. I had a very happy association with Mr. Dodgshun for many years and whenever I was in the Hopetoun district I called on him. Mr. Dodgshun made a great contribution to Parliament while serving in another place, where he became the Deputy Leader of the Country Party. He was a fine gentleman and the world is sadder for his passing. He will be particularly missed in the Patchewollock and Hopetoun districts.

One notable omission from those mentioned in the Governor's Speech was the late Roy Rawson, whom you, Mr. President, replaced in this House in 1958. Apparently, when the Premier prepared his speech he was not aware of Mr. Raw~on's death.

The Hon. J. M. Tripovioh.

The PRESIDENT (the Hon. R. W. Garrett).-I should say, Mr. Tripovich, that that is so. The Premier did not know of Mr. Rawson's death un til later.

The Han. J. M. TRIPOVICH.-I feel certain that all honorable members who knew the late Mr. Rawson would wish tribute to be paid him along with those mentioned in His Excellency's Speech. For some six years, the Leader of the House was his co-partner in Southern Province, and whilst their politics may have been different I am certain the friendship between the two gentlemen did not suffer because of that fact.

The late Mr. Rawson was a notable person in his way. For a number of years he conducted the only genuine Socialist bookshop in Melbourne. All honorable members would give him credit for being an honest and sincere Socialist. His contribution to this House was valuable. His demeanour was always quiet and unassuming and he was very convincing in his opinions, and possibly persuasive in his speeches. He certainly had sincere sympathy for his fellow men, and Victoria will be sadder because of his passing. Members of my party pay a tribute to the contributions of these former members and we extend our sympathies to the bereaved.

On the occasion of a previous opening of· Parliament, the Government cut off His Excellency the Governor at the socks, as it were, in preparing for him a Speech which occupied only a page and a half. As a matter of fact, the Governor had concluded his Speech almost as soon as he had commenced it. On the occasion of the recent opening of Parliament, however, the Governor's Speech went on and on-so much so that because I was seated near His Excellency I almost passed him a glass of water. I do not know whether the Governor's Speech was good or whether it was well written


but no doubt it will be carefully analysed by members who participate in the Address-In-Reply debate .

. The success of a Government depends on how adequately it can bleed the brains of the Opposition and turn them to its own advantage. The proposed legislation is no exception. As members of the Country Party know, it will not be the first occasion, and possibly it will not be the last, when it has been necessary, apart from having to rewrite some of the legislation-over the years various enactments have been amended to bring them up to dateto borrow the germs of ideas put forward by the Opposition. Frequently, honorable members find the germ of an old conservative idea seeping through.

I wish to deal with housing, particularly in the light of Mr. Hider's references to social reform. Many reforms have been introduced in this sphere and Mr. Hider emphasized that some of the social legislation that is necessary is associated with elderly people ap.d persons in the lower income group who are in need of housing. I have stated before, and it will bear reiteration, that the Government must attempt to provide low-cost housing for the low-income earner. It has been done in other countries, generally by means of providing high-rise flats. The Government has seen fit to adopt this practice here. It is essential to provide housing for elderly persons. I could cite a number of instances in which elderly persons have paid rent for 20, 30 or 40 years, and when the husband has died the wife frequently has been unable to meet increased rentals, or perhaps she could no longer maintain the house, with the result that she has been forced to seek cheaper accommodation. Unfortunately, the responsibilities of young people today are apparently so great that they cannot take care of their parents as was done years ago, and therefore it becomes the State's responsibility to house them.

The Hon. V. T. HAUSER.-YOU do not believe in the principle of people owning their own homes.

The Hon. J. M. TRIPOVICH.-I do not know how Mr. Hauser got that idea. Perhaps he has been asleep and I have awakened him. Because many widows cannot afford to pay rentals and they need housing accommodation, Ithey must apply to the Housing Commission for single-unit accommodation, for which the waiting period is four years. The Government claims to have done something about the provision of homes for the aged under the subsidy scheme sponsored by its confreres in the Federal sphere. The Government seems to adopt the policy that those who have something will be helped and those who do not have anything will receive very little.

I wish to criticize the Federal subsidy scheme, although the Housing Commission cannot be blamed for the situation. Approved societies receive a subsidy from the Federal Government of two for one to build homes for the aged. The persons who receive the assistance must supply $2,000 before they become eligible for a home. Housing units have been provided under the scheme in my electorate. A person who has $2,000 can receive assistance under this scheme but those who cannot provide the money must depend upon the Housing Commission to help them. Unfortunately, these people, all of whom are over 65 years of age, must wait four years for Housing Commission accommodation, which is a long time. Similarly, the Federal Government's scheme under which persons who save a certain amount of money receive a housing subsidy does nothing to assist the person who needs accommodation but has no assets in SOciety other than his wife and family. Many families fall within this category. Problems of this type must be handled by the Housing Commission. I have the highest praise for the commission but not for the Government in its handling of housing for the lower income group.

158 Governor.' s Speech : [COVNCIL.] Address-in-Reply; . ".

Because of the high cost of land and the Government's urban renewal policy, the commission must buHd high-rise flats. By utilizing these for rental units to low-income earners the Government is virtually dragging hundreds of families into the centre of Melbourne. Many high-rise flats have been constructed in Flemington and North Melbourne and there are many in my province. The majority of families who occupy these flats have three or four children. If honorable members inspect the high-rise flats in Hoddle Street, Collingwood, they will notice that the children have nowhere to play other than the car park. If this does not increase the social problems I have yet to see something that does.

The Government is wrong in seeking to apply one solution to more than one problem. The tenants who ought to be occupying high-rise flats in the inner metropolitan area are those whose families have grown up. In other words, people should not have to rear children in this type of accommodation, although it is suitable for people to occupy in the l'atter years of their lives. This is more in keeping with what should be done rather than what has been done in the past. I do not know whether the Minister or the Government has been forced to adopt this policy. If honorable members want to see tormented mothers they should inspect the Housing Commission's high-rise flats.

The Hon. I. A. SWINBURNE.-They will see half-demented mothers there.

The Hon. J. M. TRIPOVICH.-The mothers are tormented because their children have nowhere to play other than in the car parks. Inevitably, under these circumstances some vandalism takes place. The children will break windows, write on walls and do all sorts of things to the elevators. Lifts that rise twenty stories are a plaything for young children whose actions must be understood because there is nothing else for them to do. I invite honorable members to drive along Hoddle Street and inspect the high-rise flats,

particularly bearing in mind that be;" cause of the proposed widening of Hoddle Street the car park where the children must play will shortly be reduced in size by one. half. Of course, this area is not in my electorate; it is in the province represented by Mr. O'Connell and Mr. Elliot and I do not wish to voice their grizzles. Some of the high-rise buildings contain 190 families. I have based my calculation on an average of two children to each family, which means that more than 300 children live in these blocks of flats.

The Hon. G. J. O'CONNELL.-There is an average of three children to each fa~ily.

The Hon. J. M. TRIPOVICH.-I wish to be conservative; I am not gilding the lily in making this complaint. A similar problem arose in Newmarket in my electorate in relation to the Holland developmental project, which was named after the late Honorable John Holland, and his son, Mr. Kevin Holland, who followed in his father's footsteps as the member for Flemington in another place, and who played a big part in this development. A neurosis is developing among many of the women who inhabit high-rise buildings. This is inevitable when families are jammed together; arguments occur, and children have nothing to do but ride up and down in elevators or find a play centre amongst the parked cars where they often damage the vehicles. This situation, which causes problems, should not be tolerated.

With the assistance of contributions from the Federal Government, the Government is housing elderly people in high-rise flats. I should be happy if municipal councils in my province provided land for this purpose. I commend accommodation of this type, particularly for elderly citizens whose children have grown: up. As the Minister of Housingrealizes, a great demand exists for housing accommodation of this sort. In fact, if the number of units that are available for single persons


were duplicated there would still be a waiting list. I do not know how the problems associated with this can be overcome. In quite a number of Housing Commission homes, some of which contain three bedrooms, the occupants have reared their families but have continued to occupy them and pay rent for them. It is difficult to put these people out of their homes, but they would be better off living in high-rise flats so that married couples with children could occupy the Housing Commission units in outer areas.

The Hon I. A. SWINBURNE.-It is hard to move them out.

The Hon. J. M. TRIPOVICH.-I realize that, but action of this type has been taken in Sweden-Mr. Byrne may have visited that country-and in certain other overseas countries where housing is available for young married persons. When the family increases a larger home is made available, and when the family decreases the occupants are transferred to other accommodation. The Government accepts the responsibility of housing the low-income group in terms of need, but the tenants are not given sole use of a specific home for the whole of their lives. That is a fair policy to adopt.

In the field of education, I do not support the policy of increased per capita payments. I do not think such a system of payments to schools, irrespective of needs, is the best way of distributing money for education today.

The Hon. V. T. HAUSER.-What about the reward for hard work?

The Han. J. M. TRIPOVICH.-I do not agree that reward for hard work comes into the matter, although I shall examine it. If Mr. Hauser asked me to take him to the best State secondary school in my province I would take him to University High School. If he asked me to take him to the best private secondary school it would be a toss up between Essendon Grammar School, on which

the Commonwealth Government has spent nearly $70,000, or St. Columba's Convent, which has worked hard over the years to build up a fine girls' school. I am proud of the manner and method of teaching at this school. Its general outlook is good and it is a prestige school.

I could also take Mr. Hauser to a parish school in Flemington where at one stage 70 pupils were in one class and a fine young nun of 24 years of age was trying to teach them. Possibly 40 of the children in the class could not speak English. The needs of that school could not be measured at the rate of $20 a pupil a year. Possibly ten times that amount would be required. I must say in fairness to some of the other schools that the $20 could be used for luxuries. It is not a question of reward for work, but one of fairness and a utilization of the money available for education in the best possible manner in terms of need.

That brings me to per capita payments in relation to the work done by school committees. The Government has changed its policy in this regard and I commend it for doing so. At one stage the policy of the Government was that of reward for work, to which Mr. Hauser referred. If the school committee made a contribution the Government would give it a subsidy. This was a fine system in the areas represented by most members of the Liberal Party. I am a member of the advisory council of the Fitzroy High School where 68 per cent of the pupils were born in either Greece or Italy. These children are just as fine as any others and I am just as proud of them. Last year 17 of the 24 prefects at the school were not born in this country. I was acting chairman of the advisory council when we had to take $1,022 out of the canteen fund, which was organized by about seven women, to repay the extraneous accounts for hiring buses to take children on tours, and to pay for materials used in sewing classes and in other activities. We had to do this because

160 Governor's Speech : [COUNcn..] Address-in-Reply.

the committee insisted that no child should' be put out of a class because his or her parents could not or would not make a contribution to the school funds by way of a composite fee. At that school only about 26 per cent of composite fees were collected. The seven women who managed the canteen worked hard and great credit is due to them.' With six of them, their last child attended that school about ten years ago.

The Hon. W. G. FRY.-The salt of the earth!

The Hon. J. M. TRIPOVICH.-That is so. These women undertook a social service which they believed was necessary. They worked hard and they did not object to the committee's taking this money from the fund. They could raise $300, $400 or $500 by holding a fete. At the Buckley Park High School, which is in a middle-class area in West Essendon, $4,000 can be raised at a school fete. In addition, the work is not done by only seven women; it is done by an energetic, loyal and capable committee of nearly 70. There are no worries about finances for schools in tha t area and I do not think there is one child at the high school whose parents could not afford to and did not pay the composite fees. No pupil is embarrassed by having to stand out of classes. Because the Buckley Park High School could raise $4,000 by holding a fete, it had no difficulty in obtaining a grant of $2,000 from the Government. However, the Fitzroy High School cannot do this.

The Government has now reversed its policy on subsidies and I am glad that it has. In Broadmeadows, Glenroy and the northern area of my province the schools have difficulty in collecting 70 per cent of the composite fees. This causes embarrassment in the administration of the school and the Government should examine the position. I raised this matter in correspondence with the Assistant Minister of Education when the Minister of Education was overseas and in reply the honorable

gentleman said that the Government would have a look at the position. I am only substantiating my application; I do not want everything for nothing. .

I represent a province which includes people from the very poor section to the very rich section. If honorable members want to see poverty, I could show them plenty in my province. Doubtless other honorable members could do the same. My province might be termed a mixed grill.

Children from the Fitzroy High School, which is about 1 mile from the Collingwood High School, have little opportunity of getting an education which will give them a chance in life in the future. Only about 18 or 20 per cent of these children leave the school for tertiary education. Opportunities available to children in other parts of the electorate are excellent, and their examination results are good. This is class education and I do not approve of it. The Government should examine it. I do not say this nastily and I hope that there is no bias in my attitude because of religion, but I should like to see the parish schools obtain the benefit. The parish schools at Fawkner and Ascot Vale are in considerable trouble in obtaining sufficient money with which to keep going.

The Hon. H. M. HAMILToN.-That is really a depressed area.

The Hon. J. M. TRIPOVICH.-Yes, it is. Many of the residents are migrants who are endeavouring to establish a foothold in this country. They have obligated themselves to the eyeballs by overdraft to obtain a home. I think most honorable members realize that this happens. Rightly or wrongly, they believe it is the responsibility of the Government to provide an education for their children and their responsibility to provide a home. They work on that basis. The Government cannot get sufficient money for education and it is of no use blaming anyone. However, the money that is available for education

Governor's Speech : [7 SEPTEMBER, 1971.] Address-in-Reply. 161"

should be distributed on the basis of need. It is of no use the Government saying that it proposes to allocate- $43 million more for education this year. If honorable members look at the Estimates of the Receipts and Payments of the Consolidated Fund they will see where the money goes. An amount of $35 million is allocated for additional salaries. There will be two additional children in each class-room because of the natural population growth rate.

The Hon. W. M. CAMPBELL.-The Government still has to find the money and it has no growth tax that it can use.

The Hon. J. M. TRIPOVICH.-The money will have to be found in the same way as it is being found in other States. An additional $3 million is being applied towards the needs of colleges of advanced education. I am astounded at the wages people want today. I heard the negotiations of a certain body concerning what they thought their fees ought to be for their teaching abilities, and I was astounded. An extra $4 million is to be utilized for the goods and services needed in maintaining schools and an additional $1 million for general expenses. The additional allocations will not improve standards; they will merely meet a need.

I refer now to the Government's latest gesture, if I may use that term courteously, in relation to decentralization. This would be laughable if it were not so serious. The Government intends to ask the industrial development section of the Department of State Development to talk to industrialists with a view to getting them to establish industries in the country. This year the Department of State Development has been allocated $133,050 for salaries, $55,700 for general expenses and $25,000 for the conduct of development committees. This gives a total of $213,000. It is a magnanimous gesture towards decentralization to say to these people, " Go out and talk to the industrialists and get them to establish industries in the country".

The Hon. W. M. CAMPBELL.-How much do the Victorian Railways pay towards subsidizing decentralization?

The Hon. J. M. TRIPOVICH.-Mr. Campbell should not drag that aspect in. This amount of $213,000 is provided under Division 79 for State Development, but under Division 45, the Treasury, the Victoria Promotion Trust Fund is to receive an amount of $235,000 this year. It received $225,000 last year. What does the Victoria Promotion Committee do? This Parliament has never received a report from it. On numerous occasions in this House I have asked the Government what industries have been brought to Victoria by the council and where they have been located and I have been told that every industry has been settled in Melbourne. That is decentralization! It is not a Victoria Promotion Trust Fund; it is a promote Melbourne and Bolte fund.

The Hon. W. M. CAMPBELL.-He is a farmer.

The Hon. J. M. TRIPOVICH.-He is also a clever businessman and I take nothing from him. The Victoria Promotion Committee has spent more than $1 million of Government money on promoting the interests of the people from Melbourne who support it. It also publishes a journal which tells the people how good the Victorian Government is. Now representatives of this council are to be sent overseas. I agree that people have to go overseas and I hope the Premier is successful in attracting industries to Victoria, but I am prepared to wager that any industry he attracts here will not be located 10 miles outside of Melbourne. The Government proposes to tell officers of the Department of State Development to talk to industtrialists in Melbourne with a view to State Development to talk to industries in the country. I know what their response will be because I talk to them every week. I talked to some Melbourne industrialists whose establishments are situated only twenty miles from Melbourne, and

162 Governor's Speech : (COUNCIL.] . Address-in-Reply.

they regret that they went there because they have to arrange road transport facilities for their staff. When there was a shortage of staff they had to do this at their own expense. If an opportunity arose these people would move to Port Melbourne. They were talked into going to the northern end of Doutta Galla and consequently lost thousands of dollars. They are not happy with this situation and will not extend their operations. They will return to Melbourne.

Let us be honest. Why spend $235,000 on this ,e Promote Bolte and Promote Melbourne" project? Melbourne is capable of promoting itself. These people do not even consider Geelong or Ballarat or Bendigo. They would not know those cities existed. This is completely stupid.

I congratulate the Government on its approach to the appointment of a railways commissioner. It was wise to advertise the position and thus obtain the best available man. Mr. Hodges, who came from inside the service, will make a great contribution. He is a younger man who I believe has much to give. I sincerely hope he will remain in the department and not leave like another person did after the Government sent him overseas on a trip.

I commend the Government on appointing Mr. Crowley as an assistant commissioner of police. I believe not only Mr. Crowley but also the other two assistant commIssIoners who were appointed deserved consideration, but I was particularly interested to see a man who was in effect a trade union secretary recognized by the Government and appointed to an administrative position.

The Hon. MURRAY BYRNE.-He is a good man.

The Hon. J. M. TRIPOVICH.-I know, but there are many other good men in the trade union movement who are worthy of consideration but do not receive it.

I am pleased to see the start of the underground railway, because I ·consider that it will offer some practical assistance to the handling of traffic in Melbourne in some years to corne. I do not see the solution to the problem in the use of single cars as transport units into Melbourne with car parking centres being built higher and higher while the State transport system is starved. The railways have a big role to play and I believe the Government is making at least some contribution in the construction of the underground railway.

I have said that there are some excellent trade union officials. I am intrigued by the supporters of the Government, and even the press.. I do not refer to our friends in the Parliamentary press gallery, but to the glamour boys who depend on feature articles to earn huge salaries which some do not deserve. With great respect, I suggest that the treatment given to Mr. Gorton is an illustration of this. Another man is being given the treatment at present, namely, Bob Hawke.

The Hon. W. M. CAMPBELL.-And so was Arthur Calwell.

The Hon. J. M. TRIPOVICH.Arthur Calwell got the treatment. Bob Menzies also got it some time ago and handed it back too, as he was quite capable of doing. There are many excellent men in the trade union movement. They are quite sincere in their beliefs about democracy and have fought both mentally and physically for what they believe in. They have made their contribution.

The meeting of the Australian Council of Trade Unions congress was held in Melbourne last week and I was intrigued at the headlines of the feature news items in the Melbourne press, "Is Hawke running the country?" At one time it was supposed to be Henry Bolte who said to the Supreme Being, "Move over, I am here". It is no longer 'Henry ~o1te; now it is Bob Hawke. Tp.en

Goverrzor's' Speech~' [7 SEPTEMBER, 1971.] .Address-in-Reply . .. 163

we 'see the headline; "The battle looms for the Australian Council of Trade Unions ".

The PRESIDENT (the Hon. R. W. Garrett).-Order! The range of the Governor's Speech was very wide, but I have a little difficulty in connecting -the honorable member's remarks with His Excellency's Speech.

The Hon. J. M. TRIPOVICH.-I pay great respect. to your ruling, Sir. I think the Address-in-Reply refers to the quality of Hfe, which refers to the distribution of goods. The distribution of goods refers to trade union policy,. and that is what I wish to talk about.

The PRESIDENT.-Order! It is an interesting argument.

The Hon. J. M. TRIPOVICH.-One newspaper article is headed "Hawke power has its limits". I have been a member of the trade union movement for too long, as Mr. Campbell asserts, but my experience has been as valuable as anything the honorable member can scrape up. I am still a member of the trade union movement after 48 years. It is not a political movement; it consists of people who are members of political parties and others who are not. The major proportion of its members do not belong to, subscribe to, or support any political party, either the honorable member's or ours.

The Hon. MuRRAY BYRNE.-It does not stop them from having political levies.

The Hon. J. M. TRIPOVICH.-I am aware of that. I shall talk about the political levi'es presently.

The Hon. V. T. HAUSER.-Name a member of the executive of the Australian Council of Trade Unions who is not a member of the Communist Party?

The Hon. J. M. TRIPOVICH.-Mr. Hauser chaUenges me to name one man who is not a member of the Communist Party.

The Hon. V. T. HAUsER.-Or of the Labor Party.

'The Hon~ J. M. TRIPOVICH.There was' one member at the Trades Hall for many years who was quite friendly with us and who was a financial member of the Liberal Party. We never worried about him. He was elected by a. trade union. We respected him because he was the elected executive officer.

The . trade union delegates who came to the Australian Council of Trade Unions oongress worked and voted and fought for the things they believed in. Som'e of them may be radical and some may be conservative. Many of them came to listen to the arguments and to vote f'Or what they thought was right. That happens with whea,t-growers' conferences, too,' many of which I have attended. If a man puts a motion and submits an argument to substantiate it which appeals to the mob, they will vote for it. This is exactly what occurred at the Australian Council of Trade Unions congress. Bob Hawke is the president. It was not a question of numbers. He was not up for election. He could not be defeated or even criticized because there was nothing critical on the agenda, but if one reads the writings of the people who rode John Gort'On out of office and made mountains out of molehills in the interests of their employers--

The Hon. W. M. CAMPBELL.-Who killed Arthur Calwell?

The Hon. J. M. TRIPOVICH.-The same people. Who paid them to kill Arthur Calwell politically? It was not the trade union movement. I am proud of the years I have belonged to the trade union movement, and I am proud to be associated with Bob Hawke. He is not doing just what he wants to do. I speak with some experience on this. I was secretary of the Labor Party for nearly seven years. I made only the announcements that were demanded of me because they were the result of majority decisions of the executive, but always next day the press stated, "Tripovich said ". Of course,

164 Governor's Speech " [COUNCIL.] Address-in-Reply.

some people were very interested in the name "Tripovich". They said, " He must be a Communist; he must be a Russian or have been born in Russia". This man Bob Hawke is now getting the treatment and I take the strongest objection to it.

The Hon. MURRAY BYRNE.-They will make him Prime Minister.

The Hon. J. M. TRIPOVICH.-No, they will not make him Prime Minister. Bob Hawke is too valuable where he is at present to be worried about being Prime Minister, but every member of the Opposition is proud of the achievements of the trade union movement today. We believe it has a role to play in the future despite the conservative arguments of Mr. Campbell, who would deny any woman the right to receive equal pay.

Despite the activities of the Government's progenitors to stop us, we progressed and will continue. Despite the fact that it has taken us a long time to drag the Government out of its traditional conservative past on many occasions, the year 2000 will see a much better world than we have today mainly because of the hard work and sacrifices made in the trade union movement.

The Hon. I. A. SWINBURNE (North-Eastern Province) .-1 wish to join with the mover, Mr. Storey, and the seconder, Mr. Hider, in expressing on behalf of the members of the Country Party our loyalty to the Queen and our affection for the Governor of this State and his good lady. We have always regarded Her Majesty as a great lady who over the years has led this great nation and this portion of the nation which is still linked in the great chain, a fact of which we are very proud. Her Majesty's representative, the Governor, and his lady are, as I have said previously in this Chamber, probably the best known persons in the State. They are known from one end of Victoria to the other and are

held in very grea t affection by all. One of the attributes of this great couple is that they have found a niche in this country which they enjoy and we enjoy having them.

I wish to join Mr. Tripovich in mentioning those four members who have passed away during the Parliamentary recess. It was my pleasure to have served in this Parliament during the term of Mr. Tom Hollway, who was Premier of this State. Shortly after I became a member my party formed a· composite Government in which Mr. Hollway was Premier. We were all pleased to work with him, but unfortunately the machinery of the Government broke up and we went our different ways. During his long association with the House he was always one of those friendly souls-it did not matter whether one agreed with him or not. Even to the end he had that sense of humour which we all appreciated so much. I first knew him before I came into the House, when he was Minister of Public Instruction, and he made a great contribution towards the advancement of education at the period near the end of the second world war. It is men such as he who built this State and laid its foundations in very troublous times.

With him can be joined Sir Wilfrid Kent-Hughes, one of his Ministers who went on to the Federal Parliament. He also made a great contribution to the government of this State.

Our old friend and colleague of the Country Party, the Honorable Keith Dodgshun, was one of those sincere gentlemen who are few and far between in all walks of life. As one who was closely associated with Keith during his term as a member in this Parliament and who was a fellow member of the Government in 1950-52, I believe he was one of those great men who were a backstop for everyone; he was prepared to carry the load at any given time, irrespective of whether the load was his. In his public life and also in his

Governor's Speech : [7 SEPTEMBER, 1971.] Address-in-Reply. , 165

private life he followed a great tradition and was an example to us all. This morning my party received a letter from his son which I feel effectively sums up the thoughts that we all had of the late Keith Dodgshun. He made a great contribution not only to public life in Victoria as a whole, but also to the local community in which he lived, and he loved his home life. I thoroughly endorse the remarks of Mr. Tripovich, who knew him so well in the north-west.

Mr. Roy Rawson, who was the member for the Southern Province, came into this Chamber for a six-year period at the June, 1952, election. My party was in the Government at the time and Roy Rawson was another very sincere gentleman. Whilst naturally I did not agree with some of Mr. Rawson's politics I respected him for his views and he was one of the members of this House who at that time contributed much to the d~bates in this Chamber. He was a keen debater and questioner, and as I sat on the Government benches during the first six months in which he was a member I came to realize that his questions and interjections were penetrating. I recall the times when I thought to myself, "If that member stays here long enough he will make a great contribution." Unfortunately, his stay in Parliament was for only one term, but I pay tribute to him for the contribution that he made.

Now there is one whom I should like to mention especially. Because of the unfortunate ending to a great career of a great man who left this Parliament on account of illness, there has not been an opportunity to refer to him. However, our old friend, Sir Arthur Rylah, has now somewhat recovered from his illness, and on behalf of my party I wish to pay tribute to the service that he rendered to this Parliament and to the State of Victoria. Few men have served this Parliament with such dedication as Sir Arthur Rylah. Over the period of 26 years that I have been a member he was one of its outstanding men. It was unfortunate that he left Parliament as

a sick man-in fact, his term ended whilst he was in hospital and honorable members did not have the opportunity of paying a personal tribute to him before he left this place. Over a long period we have all been concerned about Sir Arthur's health and possibly we have kept quiet hoping that the day would come when we would again meet him and have the opportunity of talking to him. We are pleased that he has returned to his home and, from the information conveyed to us by the Premier, it would seem that he is restored fairly well to his old style and in time it is hoped that he will regain his full strength.

My colleagues and I want to pay tribute and say " Thank you" to Sir Arthur Rylah for the many courtesies which he extended to our party. I do not know of any member of the Government who had a better knowledge than Sir Arthur of all the deliberations that were going on within the Government at anyone time. One could pull him up in the corridor, or meet him in any part of the State, and ask a question on one's own behalf or for a colleague. Sir Arthur could pluck the answer off his sleeve as if the whole file were in front of him. He was a genius for being able to remember the great things as well as the little things. I suppose it could be said that Sir Henry Bolte was very fortunate in having a backstop of the calibre of Sir Arthur Rylah. On behalf of the Country Party, I want our thanks recorded for his service. We thank him for the many courtesies he extended to our members. We wish him well, a return to good health, and that he and his good lady may be spared for many years to reap the reward that they have justly earned in the service he has rendered to this State.

I wish now to congra tula te the mover of the motion for the adoption of an Address-in-reply to the Governor's Speech, Mr. Storey. Firstly, I congratulate him for the delivery of his speech. Whilst he admitted that he was somewhat

166 Governor's' Speech : -[COUNCIL.] Address-in-R-ep/y . ...

'nervous, as were all honorable members in making their first speech in this House, Mr. Storey was fully in hand and at no time showed that he was nervous. He set a good example and we can look forward with the thought that he will make many contributions to debates in this House. I trust that he will be spared for many years.

The Hon. C. A. M. HIDER.-He has a fairly safe seat.

The Hon. I. A. SWINBURNE.-The honorable member is safe enough in that respect. Mr. Storey spoke with great interest on the popular theme of the environment. I have only one regret-and I think that Mr. Storey shared it because he expressed itnamely, that he did not get outside the city of Melbourne. Having conveyed Mr. Storey along with a party as guests of the Minister of Forests for three days through that beautiful north-eastern country, I thought he might have remembered something worth while of that trip and made a small contribution about the environmental beauty of this State. Apparently, he did not think of it, or he might have prepared his speech before that trip to the country.

The Hon. W. M. CAMPBELL.-We had the rain and snow.

The Hon. I. A. SWINBURNE.-I am sorry if that was all that Mr. Campbell saw on the trip. I hope that when Mr. Storey next rises to speak he will touch on matters about which he learned during the trip to which I referred. Then he might be able to assist those far distant parts of the State which you, Mr. President, know much about.

Honorable members listened with great interest to Mr. Hider, the seconder of the motion for the adoption of an Address-in-Reply to the Governor's Speech. Some of Mr. Hider's colleagues were a little horrified and somewhat apprehensive of what he was going to say, but honorable members on this side of the House listened with great interest.

The honorable member spoke on "topic which is very dear to his own thoughts in regard to social welfare'. Before long the honorable member became tangled in what· might be termed the loose ends of the various problems of penalties. When one starts to talk about doing away with prisons or locking up people, one can easily get into this position, but I notice that already he has returned to the fold.

The Hon. C. A. M. HIDER.-I was never far away from the fold.

The Hon. I. A~ SWINBURNE.-I thought the honorable member got farther than the gate, but he is back in the fold so all is well. One point referred to by Mr. Hider was whether those persons who were in minor penalty classifications should be put into prison. I am in accord with his view and believe that the longer a person can be kept out of prison the greater chance there is of his reformation. I sat on the bench in my early days, and I was one of those selected by the local stipendiary magistrate to deal with children's cases. During that period I learned that a measure of humanity was meted out to the children so that they might have the opportunity of reformation in the future. This has borne fruit and as I look back over those who came before me, I can say that not one of them fell by the wayside because of the opportunity given to them. It has always been in my mind that this could well be what we should be striving to do, but I part company with Mr. Hider in regard to those people who are not fit to be outside prisons because of their behaviour. I think that was borne out in the debate earlier this evening, which I do not intend to repeat. These are the people about whom I am concerned.

The third category are the persons of whom I have spoken on several occasions when discussing private members' Bills introduced by Mr. Galbally. I have previously asked the Government to set up a committee, which could safely be left in

Governor's Speech : [7 SEPTEMBER,· 1971.] Address-in-Reply. 167

the competent hands of the judiciary in this State. I am sure two or three judges would be capable of carrying out this important duty. An examination should be made of penalties in criminal cases. These extend over a fairly wide field, and I am not sure that they are being applied in the right manner. I support Mr. Hider in this respect and make an appeal for some sort of inquiry to deal with this subject because if that is not done, it will be found in a few weeks' time when we are discussing private members' Bills, that nothing has been done since the last occasion when a request was made and that capital punishment and other penalties over a wide range of crimes are still being applied in the same way. In my opinion they should be reviewed and we should bring our thinking up to 1971.

I agree that much needs to be done in the social welfare field in relation to prisoners. There is also a lot of work to be done by the Social Welfare Department to assist youngsters in Melbourne and in country towns who are delinquent and uncared for and who will end up in trouble at some stage. Mr. Tripovich has mentioned that high-rise flats will add to the problems of the future if something is not done by the Social Welfare Department. I hope the Minister and the department will get on with the job of trying to prevent crime as well as trying to reform those who are in various prisons. Much is being done today in country prisons. At Beechworth, the inmates work on farms, clearing land, and on pine plantations and make a contribution to their rehabilitation. They can attend school at night, and many of them make some advancement. Whether it is sufficient remains to be seen in the future, but I am hopeful that this type of reform will be continued and that the attitude will not be merely to shut persons away behind walls with no thought of trying to do something for them.

I have had a fairly long and close association with the prison at Beechworth and those interested in it. The odd prisoner breaks faith and tries to escape. I suppose about two prisoners every three months make a break. When they are out in the bush the temptation is too great; they get out of sight of the guard and away they go. However, over the years only about two have not been recaptured, and most escapees are caught before 24 hours have elapsed. I suppose a man who is in prison gets a bit fed up and is under a strain, but some of those who have attempted to escape had nearly reached the end of their term when they made a break. It is difficult to understand why a person should break at that stage. When a person makes a break early in his imprisonment one realizes that he is trying to regain his freedom. All I want to say to Mr. Hider is that we shall continue to listen to him with interest although we might not always agree with his view. If he strays from the Liberal fold he should not be concerned because he might find some friends on the other side of the House; he worried more members on the Government side of the Chamber than on the Opposition side.

The Governor's Speech was an interesting story. Mr. Tripovich said that he was a little worried about its length. It was a unique speech; in all the years I have sat here and listened to the address of the Governor at the opening of Parliament there has never been such a history story as was told on this occasion. I do not know whether it was a sort of parting story for the Premier, prior to his departure as indicated by the press, or whether the Liberal Party merely felt that a little filling would be good for the people who sit in the galleries on such occasions. However, I do not think any of the members were hoodwinked. All the Speech did was to set out what had been done over a period of time, what we knew was happening, some of which was· forecast by us during debates in the last

168 Governor's' Speech : [COUNCIL.] Address-in-Reply •.

session when new organizations were established. So the little history was an interesting exercise before the kernel of the speech. Mr. Tripovich mentioned that the previous Speech occupied only a page and a half. Actually, on this occasion, the portion containing the kernel covered only two pages, so it was not much different from the previous Speech.

I was concerned because I thought the Speech generally set out what the Government intended to do, but on this occasion all we got was the history which we all knew so well and which has not been outstanding over the past twelve months. Certain departments and organizations were established, but it remains to be seen whether they will be effective because, as I said previously, it is not much good setting up departments unless they are provided with some finance. As Mr. Tripovich showed tonight, what we forecast has eventuated; no more money is being provided now than was made available previously.

Mr. Tripovich made an interesting point while the Minister for State Development was absent; it is worth repeating because it concerns the Department of State Development. This morning an interesting article appeared in the newspapers. As Mr. Tripovich has already said, we find the department has suddenly awakened and has put out a press release to the effect that it intends to go round knocking on ~he doors of manufacturers in Melbourne to see if it can get some to go into the country. I thought this procedure had been going on for the past ten years, without any result. I was amazed when I saw that article. I thought the article did not read correctly, that this did not seem the right way to act, knowing what has been going on within the department for some time. I thought that possibly the new director had written the article and that he did not know what had been going on. I then turned on the wireless, hoping that I would hear something better. The news item added a little, to the effect that the department was

The Hon. I. A. Swinburne.

going to provide housing to assist industries in the country. This really intrigued me.

The Hon. MURRAY BYRNE.-Are you against that?

The Hon. I. A. SWINBURNE.-If the Minister had been trying as hard as I have been for the past 25 years to get some houses for industry in the country, he would be really working. I do not seem to be able to get many houses to assist industries in the country because the Housing Commission is too busy spending all of its money in Melbourne.

The Hon. MURRAY BYRNE.-That is not true.

The Hon. I. A. SWINBURNE.-I invite the Minister to examine where the money is spent. Very little assistance is able to be given when industry requires it. Over the years houses are made available, but that is through natural growth, and as the Minister is aware a period of two years might elapse before an applicant obtains a house in the country. No industry will leave Melbourne as a result of the Minister's door-knock if it is under the impression that it has to wait two years to get any houses. Industry will not pull its grass roots from Melbourne. Someone mentioned the firm of Bowater-Scott. I have been to the Minister trying to get a starting point; we will wait and see how many houses he produces.

The point that surprised me was that the Department of State Development was going to provide houses. It has not got a cracker with which to provide one house, let alone housing. All it can do is to get some other department to subsidize someone who goes to the country. It was said earlier that the railways provide a subsidy of about $440,000 to decentralized industries. That is the sum provided, but the railways have to pay it. Surely this matter should be brought into its right perspective. If there is any discussion with industry the Minister should be able to say to any industry that is

Governor's· Speech : [7 SEPTEMBE~ 1971J Address-in-Reply. 169

interested-whether it is from overseas or from Melbourne or suburbscc If you want to go to Woop-Woop West, we will provide this, that and something else". All I am concerned about is that when an industry wants to go to the country it should go to the Minister for State Development and he should be able to "deal out the chips." If he does not have that capacity, the scheme will not work, and that is why it has not worked over the years.

The Hon. V. O~ DICKIE.-How many industries do you think voluntarily go to see the Minister? Tha t is the purpose of the exercise-the Minister has to go to see industry.

The Hon. I. A. SWINBURNE.-I did not make the statement.

The Hon. V. O. DICKIE.-Mr. Swinburne is saying that industry should go and see the Minister.

The Hon. I. A. SWINBURNE.-The Minister made a press statement to the effect he was going to send his officers around to industry.

The Hon. V. O. DICKIE.-That is right. So long as a proposal is constructive the Country Party will shoot it down in flames.

The Hon. I. A. SWINBURNE.-I am trying to help the Minister because I believe the department should be given the money, as is done in other States, so that he can do the job.

The Hon. V. O. DICKIE.-Protect me from my friends!

The Hon. I. A. SWINBURNE.-I am afraid not much progress is going to be made with the Minister because he just does not know how the system works. I am disappointed that the honorable gentleman cannot see the logic of being given funds sufficient to meet the challenge which he is trying to meet. I thought something would be achieved when the new Department of State Development was established. I had grave doubts about it, but when I read the newspaper article this morning-it has taken the Minister six months

Session 1971.-7

to get around to making it-I was interested enough to pursue it and find out what it was all about. I am disappOinted when the Minister informs me that he is not the person to whom industry should come and discuss a proposal. Surely, what is the Minister for?

The Hon. V. O. DICKIE.-With 10,000 industries in Melbourne!

The Hon. I. A. SWINBURNE.-Do not be fantastic. The Minister for State Development has to go door knocking. Do not tell me that he will get 10,000 responses. If he gets ten responses, he will be lucky.

The Hon. V. O. DICKIE.-Mr. Swinburne does not understand the position.

The Hon. I. A. SWINBURNE.-I have had long experience in dealing with the matter.

The Hon. V. O. DICKIE.-Mr. Swinburne read something this morning and did not discuss it with me. Now he is an expert!

The Hon. I. A. SWINBURNE.-If the Minister gets responses from ten door knocks in the next six months he will be lucky. The honorable gentleman is going to sit in his ivory tower and let the director run the department. The matter will go to the director, who might delegate it further. A person might go to the department and say, cc What can I do if I go to such and such a place; what assistance can I get? Can I get housing?'" He must ring the Housing Commission and find out how soon houses can be available in locality A or locality B. Then he has to ring up the Victorian Railways to find out what services can be provided and under what terms. He must ring up the State Electricity Commission, the State Rivers and Water Supply Commission or the water trust of the town to find out what are the problems. I believe that the Department of State Development, as is the case in other States, should have sufficient funds at its disposal to start off an

170 Governor's Speech : [COUNCIL.] . Address-in-Reply.

industry on a sound footing. If that happened in Victoria, it would be the start of decentralization.

The Hon. V. O. DICKIE.-In what other States does this occur?

The Hon. I. A. SWINBURNE.One has only to cross the River Murray to see it.

The Hon. V. O. DlcKIE.-And they say there, cc We only wish we could have what they have in Victoria."

The Hon. I. A. SWINBURNE.-I know what happens concerning development in the towns and cities administered by the New South Wales Minister. The Government has made contributions only because the Minister has been provided with funds. The Minister for State Development is also the Minister for Tourism.

The Hon. V. O. DICKIE.-That is pretty good too!

The Hon. I. A. SWINBURNE.The Government has not only pulled out the mat from under him in relation to State development, but has also pulled out the mat from under him as Minister for Tourism. The bed tax will wreck tourism in Victoria, yet the Minister supports it. If the honorable gentleman thinks he will get his tourist branch functioning when this bed tax is imposed, he may just as well close up the whole show. Without finance it will not get off the ground.

As one who represents these areas and has an interest in the development of other country centres, I believe the problems mentioned by Mr. Storey last Tuesday could be cured much more cheaply by attempting to limit the size of the city and to spread the people around the State. If an approach is not made on that basis, bigger and better problems will occur in the city. As' his arrogant attitude just now indicates. the Minister for State Development is

not even interested; he does not want to see these people interested in tourism, and he merely sends someone down the line to see them. He is a representative of the people, and the people have a right to get to him.

The Hon. V. O. DICKIE.-Apparently one must not have any officers in the department!

The Hon. I. A. SWINBURNE.-If the honorable gentleman is going to take that attitude, his door knocks will fall over before tomorrow morning.

The Hon. V. O. DICKIE.-It fell over this morning so far as Mr. Swinburne was concerned. He did not want to learn anything about it.

The Hon. I. A. SWINBURNE.-I read the remarks with interest. I was sufficiently interested to find out something more. Apparently the Minister is not interested.

The Hon. V. O. DICKIE.-YOU did not approach me today.

The Hon. I. A. SWINBURNE.Apparently the Premier has cut the Minister off at the ankles because he not only has left him without any chips to run his department, but has also pulled out the mat from under him in relation to tourism. The Minister for Tourism has been running around the State saying that there is little chance of getting decentralized industry in Victoria. He has also told the country people that they should concentrate on tourism because that is where the money is. What will happen now? It will all go over the border. The Premier now says that he will create a buffer zone. Soon he will have to have buffer zones next to buffer zones. This was seen in the Victorian Railways in relation to interstate traffic. Railway freight rates to border towns were reduced. What happened then? The area was extended back a little and then still

Governor's' Speech : [7 SEPTEMBER, 1971.] Address-in-Reply. 171

farther back. The people in the centre of the State paid the penalty.

The Hon. F. S. GRIMWADE.-YOU are so right.

The Hon. I. A. SWINBURNE.-Of course I am right. I have had this view for years. There was a terrific squeal at Wodonga which is in my province. It is a highly political area. The Premier jumped up and said, "It will be exempt; it will be a buffer zone."

The Hon. V. O. DICKIE.-Do you think we should have a look at that?

The Hon. I. A. SWINBURNE.-It will be Wangaratta next, then Bright, and then up to Merbein. How far will the buffer zones extend? The Minister knows full well that the tourist who would come from interstate will just disappear. The honorable gentleman will be Minister for no-State development. That is his policy; he has already told honorable members that. The honorable gentleman will also be the Minister for noTourism. This will result from the fiasco.

The Hon. V. O. DICKIE.-It will be the same as the Country Party policy -no country development on the rural side.

The Hon. I. A. SWINBURNE.-As this Government has been in office since 1955 it must not throw bumps at other parties for not doing something. The Minister of Housing today cannot match the number of houses that were built by the Country Party when I was Minister of Housing.

The Hon. J. M. TRIPOVlcH.-Deadly silence!

The Hon. I. A. SWINBURNE.-Of course, there is deadly silence because members of the Government Party know that the Country Party and Labor Party Governments built more houses between them in the country in five years than the Liberal Party

Government built in fifteen years. The figures will prove it. Backbench members of the Government party who are now interjecting do not know what happened because they were in the wilderness-they are still in the wilderness. I have been here long enough to know tha t this Government has not shown one bit of interest in country development. It has built some houses there because otherwise it would not survive politically.

Unless the Government is prepared to build more houses in the country, it will not entice industries to go there. I was told by the Housing Commission that houses could not be built because there were no tenants. The Country Party Government built the houses and got the tenants. I realize tha t some houses in the country owned by the Housing Commission are vacant but there are not many of them. They were built when a certain industry was operating, but when that industry closed the Housing Commission homes became vacant. I have in mind several areas where tenants would be available as fast as the commission could build the homes. Before I came into the Chamber this evening I ascertained from the Minister of Housing that 124 applicants were on the waiting list in an area in which only 39 houses are being built. At that rate it will be three or four years before houses are built for the applicants on the waiting list. This is not good enough.

The Hon. H. M. HAMILToN.-What is the waiting time in the city?

The Hon. I. A. SWINBURNE.-At present, approximately four years. Do not blame me. The housing position has been brought about by the action of the Government in giving away one-third of the money that should rightly go to the Housing Commission. The houses are not being built either in the country or in the city, and while this position remainS the waiting list will continue.

172 Governor's Speech : [COUNCIL.] Address-in-Reply.

That is not making any contribution to additional housing in the country or homes for industry.

I was amazed this morning to hear on the radio that the Minister for State Development is going to provide housing for the industry he puts in the country. I wish him luck. I know of some good places where industries could be placed. It would be an advantage to the State if this could be done. There are many other facets to development.

I was a little disappointed in some aspects of His Excellency's Speech. I was looking for a little more action in relation to hospitalization. One of the greatest tragedies in Victoria at present is the lack of treatment available to people who are in need, mainly those who have reached the evening of life. I know some problems exist within the CommonwealthState financial structure in relation to available money. As the Minister for S~ate ?evelopment has rightly said, VIctOrIa gets a pretty raw deal in relation to hospital assistance for pensioners.

At present I am concerned at the hold-up in development not only of geriatric wards, but also of existing homes for old folk run by other charitable institutions. Twelve months ago the mental home at Beechworth received notification from the Commonwealth Government that an amount of $630,000 was available if the State would provide one-third of the contribution. In other words, a $2 million project at Beechworth has been held up for three years because the Government is not prepared to accept what is known as a matching grant for this type of project. There are some obstacles in the way, and I have taken up the matter with the Premier. I hope the problems will soon be overcome.

I hope that it will not be long before the Treasury officials of the State and Commonwealth Governments come to some uniform thinking

The Hon. I. A. Swinburne.

in relation to the provision of finance for geriatric wards in country hospitals so that the lag in the building programme covering this important sphere of health administration can be overcome. I have battled for some time to get assistance for several hospitals. There is a growing need for the Commonwealth to re-examine the question of assistance for hospitals and homes which provide this type of treatment. In the old days, I think families looked after their parents and that old persons were cared for-although whether they were adequately cared for is probably another matter. It is just as important today to look after our old people, whether they are poor or affluent, because in the evening of their lives they are unable to care for themselves. Their money is of no use to them, because if they are to be adequately cared for they must enter a geriatric or some other type of institution.

Although State, church and charitable organizations are assisting as much as possiblel many elderly people are being cared for by persons who are not competent, and many of them are in a pathetic condition. I am concerned that this situation will continue while there is a difference between the State and the Commonwealth concerning matching grants. The Government must resolve this difference of opinion, regardless of whether it is the State or the Commonwealth which is at fault. This deplorable situation has existed for almost three years, and it is imperative that something should be done in relation to geriatric wards and mental institutions.

I pay tribute to the work which has been done by the various Ministers over the years, and to what has been done by Dr. Cunningham Dax, but progress has now ceased. Elderly people should be looked after, and should know that somebody is thinking of them; in view of this, I


ask the Government to endeavour to reach agreement with the Commonwealth concerning the terms and conditions under which these moneys are made available. This will 'enable important works to be carried out in the interests of people in mental institutions and of those who, in the evening of their lives, should be cared for at a higher standard.

On the motion of the Hon. G. J. NICOL (Monash Province), the debate was adjourned.



This Bill was received from the Assembly and, on the motion of the Hon. MURRAY BYRNE (Minister of Public Works), was read a first time.

SUPPLY (OCTOBER TO DECEMBER) BILL.

This Bill was received from the Assembly and, on the motion of the Hon. G. L. CHANDLER (Minister of Agriculture), was read a first time.


This Bill was received from the Assembly and, on the motion of the Hon. V. O. DICKIE (Minister for State Development), was read a first time.

ADJOURNMENT. COL LIN G WOO D NEIGHBOURHOOD

CENTRE-SHORTAGE OF POLICE IN WESTERN SUBURBS.


That the Council, at its rising, adjourn until Tuesday next.




The Hon. D. G. ELLIOT (Melbourne Province) .-1 desire to draw to the attention of the House the sad and sorry plight of a fine organization known as the Collingwood Neighbourhood Centre, which is operated by the Community Welfare Foundation which, formerlv, was the Melbourne City Mission. This is a matter of extreme urgency because, through severe lack of finance, the centre is in a sad state.

This is a day nursery but, apart from that, it carries out many useful and positive functions in an area which is very much over-crowded and which is sadly lacking in educational and other basic facilities. The centre carries out family case work, relief, aged peoples' group meetings and youth group meetings, and migrant English classes are also held. It carries out relief work in general, including group activities for elderly persons, and a group of blind persons in the area are also cared for. I t has a day nursery which looks after 38 children most of whom are the children of single mothers or deserted wives. An urgent need exists to increase the capacity of the nursery to enable it to cater for at least 100 children because it is vital that the mothers should be able to earn an income to enable them to buy the basic things of life.

The level of subsidy is such that the centre has lost money. I am informed by Mr. Suttie, the welfare administrator, that the deficit on operations on the 1970-71 year of operation was $7,622 for the day nursery, and the total deficit, including the family centre where family case work, relief, aged people's group meetings and migrant English classes are held, is in the vicinity of $16,000 for 1970-71. Mr. Suttie has also


reported several other tragic circumstances to me, and I implore the Government to investigate urgently the situation which exists at this centre.

The Collingwood Neighbourhood Centre is performing what I consider to be an extremely vital series of services. It is right in the centre of a Housing Commission area which, as we all know, is lacking a great deal in basic educa1tional facilities. For that reason, and for the other reasons I have mentioned, I think this centre deserves special treatment to enable it to carry out its positive work. If that work is not carried out, it will result in the Government having to spend more money to rehabilitate children and families in this area in connection with the ancillary services I have mentioned. I ask the Minister for State Development to treat this as an urgent matter, to consult the Minister of Health about it, and to inform this House within the next week or two of the progress which has been made.

The Han. A. W. KNIGHT (l\1:elbourne West Province) .-1 wish to raise a question of Government administration concerning the shortage of police in the western suburbs during Show Week. In answer to a question today I was informed that a considerable number of police officers will be withdrawn from western suburbs police stations. I have been informed that sixteen officers will be taken from Sunshine, and nineteen from Footscray. Having regard to discussions I have had with the Chief ~e~retary conce~ning the increasing IncIdence of CrIme in the western suburbs, I do not think that so many officers should be withdrawn. I ask the Chief Secretary to ensure that an adequate force will be available to deal with crimes committed in the area.

The Hon. V. O. DICKIE (Minister for State Development) .-1 should like to be able to answer Mr. Elliot

tonight, but I can only assure him tha t I shall refer the rna tter to the Minister of Health and hope to be able to furnish him with a satisfactory answer in the near future.

The Hon. MURRA Y BYRNE (Minister of _ Public Works) .-1 assure the House that Mr. Knight's remarks will be made known to the Chief Secretary as soon as possible.


The House adjourned at 10 p.m., until Tuesday, September 14.

i4rgialatittr Assrmbly.

Tuesday, September 7, 1971.

The SPEAKER (the Hon. Vernon Christie) took the chair at 4.3 p.m., and read the prayer.

QUESTIONS ON NOTICE. The following answers to questions

on notice were circulated:-

ELECTORAL. REDISTRIBUTION OF ELECTORATES:

VOTING AGE.

(Question No.2)

Mr. LOVEGROVE (Sunshine) asked the Chief Secretary-

With respect to the 'answer given to question No. 10 asked in this House on Wednesday, 10th March, 1971, what consideration has been given by the Government .to the question of a redistribution of State electo~ates, and what details it is planned to make available as soon as possible?

Mr. HAMER (Chief Secretary).The answer is-

It is not proposed at present to proceed with any redistribution of electo~ates as none is required under the Act 'and no steps to enfranchise voters between 18

Questions [7 SEPTEMBER, 1971.] on. Notice. 175

and 21 years of age have ,as yet been taken by the Commonwealth Government, with which the State maintains joint electoral rolls. If such extension of the franchise takes place the State Government will consider parallel action and in the light of variations in electoral enrolment so caused, any s'teps appropriate to bring about a redistribution of State electorates.

(Question No. 55)

Mr. WILKES (Northcote) asked the Chief Secretary-

1. When he intends to make details of the ex'amination of electoral boundaries avaHable to the Parliament as promised in ·answer to question No. 11 'asked in this House on Wednesday, 10th March, 1971?

2. Whether the Government intends to amend The Constitution Act Amendment Aot 1958 before the next election to enfranchise persons between the ages of 18 to 21 years; if so, when?

3. Whether the Government intends to alter the electoral boundaries prior to the next general election?

Mr. HAMER (Chief Secretary).The answers are-

I would invilte the honorable member's attention to the answer given to a similar question 'asked earlier this day by the honol'1able member for Sunshine in which I outlined the present position regarding this matter.

PUBLIC WORKS DEPARTMENT. ST. NICHOLAS HOSPITAL, CARLTON:

TENDERS.

(Question No.3)

Mr. TURNBULL (Brunswick West) asked the Minister of Labour and Industry, for the Minister of Health-

1. Whether Mr. J. Wilson, of 3 Mincha Street, West Brunswick, recently submitted a tender in relation to the installation of appliances at the St. Nicholas Hospital, Carlton; if so-(a) in respect of which appliances; (b) who was the successful tenderer; and (c) whether the successful tender was for 'an 'amount greater than that submitted by Mr. Wilson?

2. Whether the Public Works Department adopts the practice of obtaining three quotes

,..in. respect of minor contracts; if so-( a) what are the details of this practice; and (b)

whether any such quotes have ever been obtained from Mr. Wilson in recent times and, in that event, what was the last occasion on which such a quote was sought from him?

Mr. RAFFERTY (Minister of Labour and Industry).-The answers supplied by the Minister of Health are-

1. Yes, a tender was lodged-(a) for the intallation of one 100 h.p.

unattended steam type boiler; (b) a tender has not been accepted; (c) a tender has been recommended

to the Minister at a cost of $102 greater than that submitted by Mr. J. Wilson.

2. The Public Works Department adopts the principle of registration and pre-selection for mechanical contracts of over $10,000, public advertisements between $4,000 and $10,000 and private quotes for works costing less than $4,000-

(a) at least three quotes are obtained whenever possible in respect of private quotes;

(b) no private quotes have been sought from Mr. Wilson in recent times.

PUBLIC BUILDINGS AND SCHOOLS: CARPETS.

(Question No. 32)

Mr. E. W. LEWIS (Dundas) asked the Minister of Labour and Industry, for the Minister of Public Works-

What is the total estimated amount of carpet used in public buildings and schools, respectively, and what estimated percentage of this is woollen carpet?

Mr. RAFFERTY (Minister of Labour and Industry).-The answer supplied by the Minister of Public Works is-

It is not possible to indicate the total estimated amount of carpet used in public buildings, there would be many hundreds of thousands. In schools, the estimated amount is 45,000 yards.

The Government is aware of the need to support the wool industry and generally uses carpets having an 80 per cent wool content.

l76 Questions· [ASSEMBLY.] on Notice.

STATE COAL MINES. SALE OF ASSETS.

(Question No. 10)

Mr. WILTON (Broadmeadows) asked the Minister of' Transport-

1. What total amount of money was received from the sale of plant, equipment, buildings, and land, respectively, formerly used by the State Coal Mines, Wonthaggi?

2. For what purpose· the money was used?

3. How and when the above sales were conducted?

Mr. WILCOX (Minister of Transport).-The answers are-

1. $79,600 compnsmg plant $35,470, equipment $23,780 and buildings $20,350, which includes $9,800 still owing on the former general manager's residence.

2. The money received has been credited to the Coal Mines Depreciation Fund in the Treasury in accordance with the provisions of the "State Coal Mines (Winding Up) Act 1968, which authorized closure of the mine and the amount still owing will be so paid when received.

Adult Fares. 1. 2. 3.

----From 30th October, 1955 5d 7d 9d

14th September, 1958 6d 9d 1/-6th March, 1960 ., 6d 10d 1/2

27th September, 1964 7d 1/- 1/5 5th December, 1965 7d 1/- 1/6

Decimal Currency 14th February, 1966 6c 10c 15c 14th August, 1966 7c 12c 17c 26th January, 1969· 10c 15c 20e 29th August, 1971 10c 20e 25c

CHILDREN'S FARES

From 30th October, 1955 3d 4d 5d 14th September, 1958 3d 3d 6d 27th September, 1964 4d 4d 8d

Decimal Currency 14th February, 1966 3c 4c 7c 14th August, 1966 4c 5c 8c 26th January, 1969 5c 7c lOe 29th August, 1971 5c 10c lOe

3. Except for the building comprising the general manager's residence (which was sold at auction), sales were conducted by the former general manager who was retained as consultant for a period following the closure of the mine on 1st January, 1969.

PUBLIC TRANSPORT.

TRAIN AND TRAM FARES.

(Question No. 14)

Mr. TREZISE (Geelong· North) asked the Minister of Transport-

1. What are the details of fare increases on metropolitan tram services over the past fifteen years and what were the dates of each increase?

2. What are the details of metropolitan and country train fare increases in that period, and what were the dates of each increase?

Mr. WILCOX (Minister of Trans~ port) .-The answers are-

1. The details requested by the honorable member in relation to the Melbourne and Metropolitan Tramways Board are--

Sections.

. . 4. 5. 6. 7. S. 9. 10.

--------------lId 1/- 1/1 1/2 1/3 1/4 1/5 1/3 1/3 1/6 1/6 1/9 1/9 2/-1/6 1/6 1/9 1/9 2/- 2/- 2/3 1/10 1/10 2/2 2/2 2/6 2/6 2/9 2/- 2/- 2/- 2/- 2/6 2/6 2/6

20c 20e 20c 20e 25c 25c 25c 22c 22c 25c 25c 28c 28c 30e 25c 25c 30e 30e 30c 30c 35c 30e 30c 35c 35c 35c 35c 40c

6d 6d 7d 7d 8d 8d 9d 6d 6d 9d 9d 9d 9d 1/-8d 8d 1/- 1/- 1/- 1/- 1/4

7c 7c lOe 10c 10c lOe Bc 9c 9c 12c 12c Bc Be 15c 12c 12c 15c 15c 15c 15c 15c 15c 15c 15c 15c 20e 20e 20c

• City concession tickets introduced on 30th March, 1969, provide twelve one-section journeys within the central city area for $1.00.

QuesiionS [7 SEPTEMBER, Hnl.] on Notice.

. 2. The details in :relation to the Victorian. Railways are-

Percentage Increase.

Date of Increase. Metropolitan. Country.

14th Septem- Approx. ber, 1958 19%

6th March, 10% 10% 1960

27th Septem- 20% 20% ber, 1964

14th August, 15% 15% 1966

26th January, Average 9% 5% 1969

29th August, Approx. Single fares-No 1971 15% increase

Return fares-17% approx.

BALLARAT AND BENDIGO. PROPOSED Bus FARES: CONCESSIONS.

(Question No. 15)

Mr. TREZISE (Geelong North) asked the Minister of Transport-

1. What are the operative passenger fare and concession fare rates on the passenger motor bus services replacing tramw,ay services in Ballarat and Bendigo?

2. What are the qualifications necessary to become eligible for concession fares?

Mr. WILCOX (Minister of Transport) .-The answers are-

1. Replacement of tramway services has so far taken place only in Ballarat.

'the current single fares on Ballarat buses are-

Section. 1 2 3 4 5 6

Adult. IOc 15c 18c 19c 20c 21c

Concession Fares. 5c 9c

IOc 10c llc llc

2. The concession fares are available in the following circumstances:-

(a) School children, irrespective of age, in uniform travelling to or from school.

(b) Chiidren over four years of age and under fifteen years of ,age.

(c) Periodical tickets are available to school children, irrespective of age, in uniform travelling to or from school, at a further 20 per cent concession.

(d) Pensioners who show a pensioner fare concession certificate on boarding a bus.

(Question No. 16)

Mr. TREZISE (Geelong North) asked the Ministe'r of Transport-

What estimated annual amount is to be allocated to private passenger bus operators in Ballarat and Bendigo to provide concessional fare rates for pensioners?

Mr. WILCOX (Minister of Transport) .-The answer is-

The present estimated amounts are as follows:-

Ballarat Bendigo

$ 20,000 12,000

32,000

PRISONS DIVISION. FAIRLEA FEMALE PRISON.

(Question No. 19)


l. When the position of Deputy-Governor of Fairlea Female Prison was advertised, specifying the publications in which such advertisement appeared?

2. On what date applications closed?

3. How many applications were received?

4. Which applicant was appointed to the position, and when such appointee commenced duties?

Mr. I. W. SMITH (Minister for Social Welfare).-The answers are-

1. (a) On the II th May, 1971. in the Public Service Notices, and (b) on the 20th July, 1971, in the Public Service Notices, and on the 24th and 28th July, 1971, in the Age newspaper.

2. (a) On the 25th May, 1971. (b) On th~ 3rd August, 1971.

3. One applicant was received on each occasion.

4. Neither applicant was considered suitable for appOintment to the position.

1"78 _Questions _ : [A~SEMBLY.·1 ' on Notice.

RIVER MURRAY COMMISSION. REGISTRATION OF FLOW FROM HUME

WEIR.

(Question No. 25)

Mr. MOSS (Murray Valley) asked the Minister of Water Supply-

In view of the ratification of the agreement relating to financial -assistance for the construction of the Dartmouth reservoir -and for other purposes by all States concerned 'and the Commonwealth, whether he can inform the House if it is now possible for -the River Murray Commission to carry out works to prevent the loss of the regulated flow -of the river from rt:he Hume weir .to rthe upstream limit of the water impounded ,at Y,arrawonga?

Mr. DUNSTAN (Minister of Water Supply) .-The answer is-

Yes,as the Riv-er Murray Commission from time to time considers necessary.

MELBOURNE AND METROPOLITAN BOARD OF WORKS.

SOUTH-EASTERN FREEWAY.

(Question No. 30)

Mr. TREZISE (Geelong North) asked the Minister of Transport, for the Minister for Local Government-

1. What 'are the reasons for conmnual road repair works on the South-Eastern Freeway?

2. How many road I'an-es are at present closed to traffic indicating the distances in each case?

3. What has been the cost of such works since the opening of the freeway 'and by whom such costs will be borne?

4. When it is expected that all road lanes will be fully operative?

5. For what period since its opening have all lanes of the freeway been fully operative for traffic 24 hours 'a day?

Mr. WILCOX (Minister of Transport) .-The Minister for Local Government has supplied the following answers:-

1. Road repair works are being carried ou t in connection wi-th-

(a) attention to minor. construction matters;

(b) repairs to steel guard rail following impact damage by traffic.

In addition, capital works 'are being carried out as follows:-(c) installation of median barrier and

associated improvements on section 1 of the freeway. This is being carried out as special road project No. 34.

(d) installation of emergency telephones.

2. One traffic l'ane is currently closed in off peak periods 'at three locations.' Distances involvedar·e approximately 400 feet plus ! mile of transition s'igning to guide high speed traffic past the work.

3. The total cost of repair works carried out on the second section of South-Eastern Freeway is approximately $20,000. This is being bome by the contr-actors and the board.

4. All ro'ad lanes are fully operative in peak hours and maintenan'ce 'and repair operations 'are confined to off peak times. The number of restrictions will reduce in the near future when 'all development works are concluded but the need for ,accident repair works following vehicle damage will continue indefinitely ,and will be timed to minimi~e inconvenience.

5. All lanes of the freeway have. been fully operative since May, 1970, but the above works have required partial closure of one lane at various locations from time to time during daylight off-peak periods. At all 'times the full number of running lanes have been ,available when required for peak 'traffic. There h'ave been some works in progress for one or other of the above reasons on most days since the opening of the freeway. This included a continuous period of several months during construction of the median barrier, which was a capital improvement work.

PORT PHILLIP BAY. PILOTS FOR OIL TANKERS.

(Question No. 33)

Mr. EDMUNDS (Moonee Ponds) asked the Minister of Labour and Industry, for the Minister of Public Works-

1. Whether the Port Phillip Sea Pilot's Association has requested the Government to prevent oil tankers from entering Port Phillip Bay without a pilot in charge of ilie vessel; if so, what decision has been reached?

2. How many oil tankers have entered the bay in the past twelve months without pilots in charge and what was the tonnage of these vessels?

questions [7 SEPTEMBER, 1971.] on Notice. 179

Mr. RAFFERTY (Minister of Labour and Industry).-The answers supplied by the Minister of Public Works are-

1. Yes. The Port Phillip Sea Pilots Association objected to the Marine Board's recommendation that subject to certain conditions, tankers and other ships in excess of 16,500 gross tons and up to 42,000 gross tons should be entitled to pilotage ex-emIr tion certificates.

The Minister of Public Works has indicated that he is not prepared to allow pilotage exemption certificates for tankers or indeed any other vessels in excess of 16,500 gross tons to enter Port Phillip Bay without a pilot.

2. The following tankers whose gross tonnange is under 16,500 gross tons have been permitted by the Marine Board to enter Port Phillip Bay during the period 1st September, 1970 to 31st August, 1971 without a pilot on board:-

Tanker.

Australian Progress Cell ana R. W. Miller B. P. Enterprise Esso M acquarie Caltex Kumell Silverhawk Miller's McArthur B. P. Endeavour Caltex Sydney Caltex Port Kembla

Gross Tonnage.

10,186 16,005 11,741 13,185 11,301 4,190 6,770

11,744 13,187 3,859 3,956

Number of Trips into Port Phillip without a Pilot.

18 14 51 4

14 2 5

17 1 2 1

Total 129

This is in accordance with previous exemption certificates issued by the Marine Board since 1964.

DEPARTMENT OF HEALTH. AIR RECORDING GAUGES.

(Question No. 34)

Mr. EDMUNDS (Moonee Ponds) asked the Minister of Health-

1. What type of gauge is used in Victoria to measure the chemical composition of air?

2. How many of these gauges are in use?

3. Where these various gauges are situated?

4. Whether the Department of Health is considering any other type of gauge to replace existing gauges?

5. What is the 'recognized level of danger to the health of human beings from smog and whether these levels have ever been reached in Victoria; if so, where and when?

Mr. ROSSITER (Minister of Health) .-The answers are-. 1. The equipment used routinely by the Department of Health to measure the chemical composition of the air is known as a smoke and sulphur dioxide monitor, and is of the type developed by the British Department of Scientific and Industrial Research.

2. These are currently nine of these in use.

3. They are located in the municipalities of Footscray, Brunswick, Richmond, South Melbourne, Altona, Northcote, Nunawading, Oakleigh and Corio.

4. No.

5. My department is not aware of any universally recognized level for smog, but the air pollution monitor results published by the Commission of Public Health indicate continuing very low levels of smoke pollution. The United States Federal Air Quality Standards, published on the 30th April, 1971, include a primary standard of 0.14 parts per million of sulphur dioxide. This level of. pollution was reached at South Melbourne in October, 1964; at Nunawading in November, 1966, February, 1967, and January, 1968; and at Richmond in January and March, 1970.

However, this primary standard could not be regarded as a danger level as the maximum allowable concentration for sulphur dioxide fO'r occupational exposures in industry, as recommended by the National Health and Medical Research Council of Australia, is five parts per million; a concentration more than 35 times as great.

PESTICIDES: ARTIFICIAL FOOD ADDITIVES.

(Question No. 35)

Mr. EDMUNDS (Moonee Ponds) asked the Minister of Health-

1. What measures have been taken by the Department of Health to limit the use of harmful pesticides such as D.D.T. in commercial forms in market gardens and home gardens in the metropolitan area?

2. What measures have been taken to ensure that market gardeners who do not understand English are made aware of the dangers of using pesticides?

3. What scientific evidence is available to prove that artificial food additive is not harmful to human beings?

4. What regulations exist to prevent food manufacturers using artificial food additives without the consent of a scientifically qualified Government food authority?

18Q Questio~ [ASSEMBLY.] on Notice.

Mr. ROSSITER (Minister Health) .-The answers are-

of 3. How many of those awaiting appoint-

1. The, use of pesticides is controlled .by ithe Depar.tment of Agr.iculture under the Pesticides Act. Officers of the health and agriculture departments 'are members of the Pesticides Review Committee which has given considerable attention to the development of a policy of replacement of persistent with nDn-persistent, and of dangerous with less hazardous pesticides, particularly in market and home gardens.

Currently a list of acceptable uses ,of organDchlorine cDmpounds, including D.D.T., has been prepared and is being critically examined. Arising from this consideration recommendations as to restrictions on the purposes listed ,on labels will be submitted in relatiDn tD registratiDn under the Pesticides Act. The FDOd and Drug Standards Regulations prescribe the maximum, levels of residues permitted in fruit and vegetables. Regular analyses of these fDods are carried ,out by the health labDratDry tD ensure compliance.

2. This is a matter coming within the jurisdiction of the Department ,of Agriculture. However, I have been advised by ,officers of that department that bi- Dr multilingual labels are considered unnecessary and impractical. Horticultural advisers work thrDugh leaders in farming areas and if necessary through children. This means of communication has been found to be reasonably effective.

3. The additives permitted under the VictDrian FDDd and Drug Standards Regulations are based on expert advice from committees of the National Health and 'Medical Research Council. All relevant scientific data on safety, available from world sources, are taken into consideration.

4. Under the Food and Drug Standards Regulations (No. 15) no artificial food additive is pernlitted to be added to any food unless specifically allowed by these regulations. These regulatiDnsare made ,on the recommendation of the Foods Standards CDmmittee appointed under sectiDn 288 of the Health Act 1958.

EDUCATION DEPARTMENT. PSYCHOLOGY AND GUIDANCE BRANCH.

(Question No. 36)

Mr. DOUBE (Albert Park) asked the Minister of Education-

1. HDW many children in Victorian SChDOls are waiting for apPDintments with the Psychology and Guidance Branch ,of the Education Department?

2. How many ,of these children are frDm Government schoDls and registered SChDDls, respectively?

ments are considered urgent cases?

4. What is the staffing schedule for this branch?

5. HDW many fully trained psychologists. social workers and other officers, respectively, are actually employed?

6. HDW many ,officers have resigned from the branch in each year since 1965?


It will take some time tD cDmpile the required information. The hDnorable member will be advised by letter as soon as possible.

UNDEVELOPED LAND IN GEELONG NORTH ELECTORAL DISTRICT.

(Question ND. 47)

Mr. TREZISE (Geelong North) asked the Minister of Education- '

What areas of undeveloped land the Education Department possesses in the electDral district of GeelDng North and what are the future plans for each such area?


Undeveloped sites ,owned by the department in Geelong North are:-

(a) 4824 Western Heights in BuxtDn RDad, Herne Hill. PropDsed Primary SChODI.

(b) 4867 Rollins, CDrner Ward and Ernest streets. Proposed Primary School.

AVOCA PRIMARY SCHOOL: SCHOOLS IN RAM KARA ELECTORATE.

(Question No. 71)

Mr. CURNOW (Kara Kara) asked the Minister of Education-

1. Whether a decision has been made to provide new staff rDDm facilities at Avoca Primary School?

2. Which other schools in the electDral district of Kara Kara are being considered fDr new staff room accDmmDdation?

Mr. THOMPSON (Minister of Education) .-The answers are-

1. It is not intended to provide additiDnal staff facilities at present. PermissiDn was granted to allow temporary use of a spare class-roDm fDr staff-rDDm purposes.

2. All schools throughout the State are at present being considered fDr staff accommodation improvements.

Questions [7 SEPTEMBER, 1971.] on Notice .. 181

COUNTRY FIRE AUTHORITY. TWO-WAY RADIOS FOR PRIMARY

PRODUCERS.

(Question No. 37)

Mr. CURNOW (Kara Kara) asked the Chief Secretary-

. Whether consideration will be given to providing subsidies for farmers who install two-way radios in vehicles for the purpose of remaining in contact with Country Fire Authority stations in summer fire restriction periods?


I am advised by the Country Fire Authority that, while it is of the view that this type of subsidy would be of value to farmers in fire prevention and control, there are man:y other matters which have a greater priorIty, and in the circumstances it is not proposed to consider introducing such a subsidy at this stage.

LAND VALUATIONS. ApPEALS IN SHIRE OF KORONG.

(Question No. 38)

Mr. CURNOW (Kara Kara) asked the Minister of Transport, for the Minister for Local Government-

1. How many appeals have been heard in the Shire of Korong concerning the 1968 valuation?

2. How many of the appeals have been successful?

3. How many appeals have yet to be heard?

4. What has been ·the cost of accommodation and all other expenses of the tribunal while involved with the Korong Shire appeals, including any extra hours worked in Melbourne?

5. Whether the Government car used by the tribunal during the hearing of these appeals was driven to St. Arnaud to be refuelled?

6. What plans exist to expedite the balance of the appeals and what will be the result if they are not heard by the time the current valuation is completed and the land owners wish to proceed with their appeals?

Mr. WILCOX (Minister of Transport) .-The answers supplied by the Minister for Local Government are-

1. Of the 184 appeals originally lodged with the Registrar of Land Valuations Appeals 3 were referred to the Supreme Court, 43 have been withdrawn, 30 have been heard and 17 have been adjourned.

2. Of the 30 cases heard, decisions have been in 15 cases, 7 of which were upheld and 8 dismissed.

3. 108 appeals.

4. Meals and accommodation $ expenses

Use of members' vehicles ..

Total

870 .. 40 639.30

1,509.70

5. The board's vehicle was refuelled twice at St. Arnaud.

6. The balance of the appeals will be set down for hearing with a minimum of delay consistent with the claims of other areas for attention.

It had been planned that all outstanding appeals would have been heard by the end of 1971 but adjournments at the request of appellants and the concurrence of the council have caused some inroads into this plan.

Irrespective of the date at which the appeals were heard or determined, the determinations have retrospective application to the year in which the appeals arose.

AUTISTIC CHILDREN. TREATMENT IN INSTITUTIONS.

(Question No. 39)

Mr. CURNOW (Kara Kara) asked the Minister of Health-

1. How many autistic children have been 'admitted to Mental Health Authority institutions in th,e past ten years?

2. How many have improved sufficiently to-Cal return home; and (b) attend normal schools?

3. How many have been discharged in an unimproved state of health? .

4. What is being done or intended to be done for those autistic children in need of help but not at present cared for in Mental Health Authority institutions?

Mr. ROSSITER (Minister of Health) .-The answers are-

1. The term H autistic child" has a popular rather than a scientific connotation and many children labelled as such have marked degrees of mental retardation or childhood psychosis. Over the past ten years, 27 children have been admitted to Mental Health Authority ,institutions with autistic symptoms.

2. Six hav'e improved sufficiently to be able to return home but none are attending normal schools.

3. Five have been discharged in an unimproved state of health.

182 Questions [ASSEMBLY.) . on Notice.

4. The Mental Health Authority is supervisin~ and providing a subsidy for two· day trainmg centres on a pilot basis to determine the degree to which autistic children can be dealt with in the community.

GAS AND FUEL CORPORATION. PuRCHASE AND SALE OF LIQUEFIED

PETROLEUM GAS.

(Question No. 40)

Mr. HOLDING (Leader of the Opposition) asked the Minister for Fuel and Power-

1. What was the total amount of liquefied petroleum gas purchased by the Gas and Fuel COI'{>Oration last year and what were the princIpal sources of purchase?

2. What was the average wholesale price paid by the corporation for such gas?

3. How the gas was dispos,ed of?

4. What quantity of gas was re-sold to the public, what was the retail price charged, and what were the principal geographic areas of sale?

Mr. BALFOUR (Minister for Fuel and Power).- The answers are-

last. financial year for pay-roll tax, by Government departments, statutory authorities. and municipalities, respectively?

Sir HENRY BOLTE (Premier and Treasurer) .-The answer is-

Government departments Statutory authorities Municipalities

$ 9,356,000 5,372,000 1,900,000

VICT9RIAN RAILWAYS. FREIGHT RATES.

(Question No. 42)

Mr. CLAREY (Melbourne) asked the Minister of Transport-

On what dates, and by what average percentages, freight rates were increased by the Railway Department since June, 1955?


Date. Increase.

1. Total liquefied petroleum gas pur- 6th March, 1960 chased for the year ended 30th June, 1971, was 29,568 tons. Principal sources of pur- 27th September,

7t%

10% chase were Mobil Oil Aust. Ltd., B.P. Aust. 1964 Ltd. and Shell Co. of Aust. Ltd.

2. The purchase price is confidential between th'e parties and disclosure would not be in the public interest.

3. Liquefied petroleum gas is sold to customers in cylinders and in bulk by road tanker and is also converted to tempered liquid petroleum glasand reformed to town's gas for reticulation.

4. Because of the highly competitive nature of the liquefied petroleum gas business ItOtal tonnages sold 'are confidential. The retail price per cylinder of gas ranges from $8-$12 and the pr.ice for the bulk tank supplies varies from $55-$130 per ton depending upon degree of consumption and distance of the consumer from Melbourne. The corporation supplies liquefied petroleum gas on a complete State-wide basis in Victori'a.

PAY-ROLL TAX. PAYMENTS TO COMMONWEALTH

GOVERNMENT.

(Question No. 41)

Mr. CLAREY (Melbourne) asked the Treasurer-

What amounts were payable to the Commonwealth Government in respect of the

14th August, 10 %-wool and livestock rates 1966 were not increased

29th August, 10%-excluding the rates for 1971 superphosphate, and grain,

other than wheat, which were increased 30 % and an average of 4 % respectively. Wheat and wool rates were not increased

TRANSPORT OF PASSENGERS: COST.

(Question No. 51)

Mr. W. J. LEWIS (Portland) asked the Minister of Transport-

What additional cost is involved in providing rail transport for a distance of 160 miles for 200 passengers compared with 100 passengers?


I am informed by the railways that the question is not specific enough to enable them to give an answer. For example, the ·cost could vary, according to the circumstances, from practically nothing to the cost of providing, hauling anq maintaining two additional units of rolling-stock.


However, if the honorable member will let me know what is in his mind, I shall endeavour to obtain the information for him.

LANDS DEPARTMENT. CLEARANCE OF CROWN LAND IN

W ARRENBAYNE-STRATHBOGIE AREA.

(Question No. 43)

Mr. SIDLTON (Midlands) asked the Minister of Lands-

1. Why Crown lands in the WarrenbayneStrathbogie area are being cleared and by whom?

2.' What total acreage is included in the clearing programme?

3. What comprehensive studies were made prior to the clearing, to ascertain the effect on flora and fauna in the area concerned?

Mr. BORTHWICK (Minister of Lands) .-The answers are-

As the honorable member apparently refers to areas in the Strathbogie Ranges which are controlled by the Forests Commission, I have ,arranged with my colleague, the Minister of Forests, to reply to this question.

Answer supplied by the Minister of Forests-

1. Crown owned lands comprising reserved forest, unoccupied Crown land and purchased property in the Warrenbayne:Strathbogie area are being cleared by the Forests Commission for softwood plantation establishment carried out in accordance with the Commonwealth-States softwood forestry agreements.

2. 4,632 acres of plantation were established up to the end of 1970 and 5,000 acres are planned for establishment during the period from July, 1971, to June, 1976.

3. The areas planned for plantation development were selected following detailed surveys by the Forests Commission during 1966 and 1967 of the botanical, timber and recreational resources of the area.

Based on these surveys-(a) At least 40,000 acres are planned for

retention under native forest in this locality, including the best eucalypt stands, and large and representative samples of all major vegetation and wildlife habitat types.

(b) An increased programme for purchase by the Forests Commission of private property was instituted in 1966 and 3,507 acres have been purchased to date. .

TOTALIZATOR AGENCY BOARD. UNCLAIMED DIVIDENDS.

(Question No. 45)

Mr. TREZISE (Geelong North) asked the Chief Secretary-

1. What has been the annual amount of unclaimed dividends since the inception of the Totalizator Agency Board in Victoria? .

2. Where such amounts have been directed?

3. Whether it is expected that the amount of unclaimed dividends will proportionately increase under the .. Rimfire" system; if so, for what reason?

Mr. HAMER (Chief Secretary).The answers are--

1. Year. Amount. $

1962 76,116 1963 238,460 1964 382,814 1965 318,525 1966 826,793 1967 727,279 1968 810,973 1969 805,827 1970 952,988

. 1971 1,104,786

6,244,561

2. $2,070,000 of the above amount is held in reserve by the Totalizator Agency Board against claims for payment. $4,174,561 has been distributed to racing, trotting and greyhound clubs in accordance with sub-section (6) of section 1160 of the Racing Act 1958.

3; It has been the tendency for unclaimed dividends to increase with total turnover. However under the" Rimfire" operation the board has introduced 'a random pay-out system whereby dividends can be collected at any other" Rimfire" agency. This improved service together with same day payout should reduce the amount of unclaimed dividends although claims for lost tickets issued under the .. Rimfire" system will not be allowed.

GEELONG. UNEMPLOYMENT.

(Question No. 46)

Mr. TREZISE (Geelong North) asked the Minister for Fuel and Power, for the Minister for State Development-

1. Whether the Minister is aware of the relatively high rate of unemployment that has affected the community of Geelong for many years?

184 Questions [ASSEMBLY~] on Notice.

2. What plans, if any, are in hand to overcome or relieve this situation?

Mr. BALFOUR (Minister for Fuel and Power).-The Minister for State Development has supplied the following answer:-. Unemployment in Geelong fluctuates, but, because the economic health of specific industry is largely beyond the influence of the State Government, it is the practice to endeavour to correct imbalances in the workforce by the introduction of alternative industries.

In recent times, the following industries have been introduced to the area:-

Textured Yarn Throwing Pty. Ltd. N.S.K. Bearings (Aust.) Pty. Ltd. John Sackville & Sons Ltd. Grosby Footwear Pty. Ltd. Terminals Pty. Ltd. Commonwealth Industrial Gases Ltd.

The honorable member is assured that the Division of Industrial Development will continue to collaborate with the Geelong Promotion Committee apropos of further industrial development in the area.

GEELONG TROTTING CLUB. SITE OF FUTURE OPERATIONS.

(Question No. 48)

Mr. TREZISE (Geelong North) asked the Chief Secretary-

What approaches, if any, have been made to him regarding the site of future operations of the Geelong Trotting Club and what are the details?


No approaches have been made to me. The matter has, however, been the subject of a recent discussion between the Geelong Trotting Club and the Racecourses Licences Board. The club has undertaken to prepare a master plan of its requirements to continue racing in the future at its present site, Olympic Raceway, East Geelong.

GEELONG WATERWORKS AND SEWERAGE TRUST. INTEREST PAYMENTS.

(Question No. 49)

. Mr. TREZISE (Geelong North) asked the Minister of Water Supply-

What is his present attitude to the repeated requests of the Geelong Waterworks and Sewerage Trust for assistance in meeting interest payments in excess of 3 per cent.

Mr. DUNSTAN (Minister of Water Supply) .-:-The answer is-

My present attitude is that this matter should be finalized at the earliest possible date.

The request appears simple, but its implementation would have far-reaching effects on town water supply finance.

The Government has the matter under consideration and a decision will be made as soon as practicable.

ENVIRONMENT PROTECTION COUNCIL.

MEETINGS: TRADES HALL COUNCIL REPRESENTATIVE.

(Question No. 52)

Mr. KIRKWOOD (Preston) asked the Minister for Fuel and Power, for the Minister for State Development-

1. How many meetings of the Environment Protection Council have been held and when?

2. Why Mr. Colin Willman, the successful candidate in the internal ballot, was not appointed the Trades Hall Council representative on the council?

Mr. BALFOUR (Minister for Fuel and Power).-The answers supplied by the Minister for State Development are-

1. Two. On 14th July, 1971 and 3rd August, 1971.

2. In respect to the appointment of a member to the Environment Protection Council by submission of names from the Victorian Trades Hall Council the Environment Protection Act paragraph (b) of subsection (1) of section 7 states "One shall be appointed on the nomination of the Minister from a panel of five names submitted by the Victorian Trades Hall Council". The Minister has yet to receive a panel of five names from that organization and therefore is unable to make an appointment in compliance with the provisions of thE' Act.

LIQUEFIED PETROLEUM GAS. EXPORTS.

(Question No. 53)

Mr. HOLDING (Leader of the Opposition) asked the Minister for Fuel and Power-

1. What additional amount of liquefied petroleum gas, obtained or derived from Bass Strait, has been exported overseas by Fsso-B.H.P. since 23rd March, 1971?


2. What overseas companies purchased this gas and in what amounts, specifying in each case- (a) the port of embarkation; (b) the ship carrying such liquefied petrokum gas; (c) the port of destination; and (d) the amount charged per ton?

Mr. BALFOUR. (Minister for Fuel and Power) .-The answers are-

The following information is supplied by the Mines Department:-

1. 142,409 metric tons to the end of July, 1971. Returns for the months of August have not yet been lodged.

2. It is considered that information r~~arding actual clients and individual prIces is confidential and should not be disclosed.

(a) All liquefied petroleum gas exported was loaded at the Long Island Point liquids jetty on Westernport Bay.

(b) The following ships have loaded liquefied petroleum gas at Long Island Point:-

Izumisan Maru-26th April, 1971. Nyhavn-6th May, 1971. Izumisan Maru-29th May, 1971. Nyhavn-21st June, 1971. Izumisan Maru-30th June, 1971. Bridgestone Maru-28th July, 1971.

(c) The Izumisan Maru and the Bridgestone Maru were destined for ports in Japan and the Nyhavn for ports in Argentina.

(d) The over-all average price f.o.b. Long Island Point as valued for royalty purposes is $15.05 a metric ton for shipments to J.apan 'and $15.50 a metric Iton for shipments to Argentina.

COMMONWEALTH-STATE HOUSING AGREEMENT.

NEW FINANCIAL ARRANGEMENTS.

(Question No. 54)

Mr. EDMUNDS (Moonee Ponds) asked the Premier-

Whether State Premiers and Treasurers were informed at the last Premiers Conference that the Commonwealth Government would introduce new financial arrangements to replace the Commonwealth and State Housing Agreement; if so, in what detail this information was made available and whether Premiers were given any opportunity to discuss these new proposals?

Sir HENRY BOLTE' (Premier and Treasurer) .-The answer is-

Yes. The Prime Minister mentioned in general terms, and on a confidential basis, what the Commonwealth had under con-

sideration at that stage, but no details were given and no opportunity was given to discuss the matter.

INDUSTRIAL STRIKES. SECRET BALLOTS.

(Question No. 56)

Mr. SIMMONDS (Reservoir) asked the Minister of Labour and Industry-

What are the names of th'e persons or corporations that made the representation relating to compulsory ballots referred to in question No.8, asked in this House on the 1st September instant?

Mr. RAFFERTY (Minister of Labour and Industry).-The answer is-

This matter is being considered by the Government as one of general concern to the community.

Although the interests of individual persons and corporations are of course relevant to the issue, and close attention is paid to all submissions received, the matter is not seen as something designed to benefit particular people or groups. In any cas,e, I do not think I should make public the name of any trade union member or other person who has written or spoken to me abou t this issue.

Let me quote a letter from one such person to whom I hav,e recently replied :

"Dear Mr. Rafferty, I would like your government to legis

late for compulsory union ballots to be conducted before strike action is taken.

I am a unionist and consider it most dictatorial and undemocratic that a few union officials can decide for thousands of workers whether to strike or not h.

POLICE DEPARTMENT. TRAFFIC BLITZES.

(Question No. 59)


1. How many traffic blitzes have ~een carried out by the Police Department SInce 10th March, 1971?

2. How many motorists were booked and what were the offences in each case?


1. Two.

2. Nature Q1f Offence. Driving whilst blood-alcohol

content is more than ·05 per cent.

Offenders Detected.

315

186 Questions

Nature of Offence.

Exceeding the prescribed limit in a 35 miles per hour zone

Exceeding the prescribed limit in a 40 miles per hour zone

Exceeding 50 miles per hour in an unrestricted zone

Exceding 30 miles per hour (over 3 ton R.T.R.)

Speeding trucks-Motor Car Act Accidents-

(a) Fail to stop after (b) Fail to give name, &c. ( c) Fail to report to Police

Driving offences-(a) In a manner dangerous

lb) Reckless driving c) Speed dangerous d) Careless driving

Driving whilst licence cancelled or suspended

Double lines-Fail to keep left of Driving under influence of liquor

or drug In charge under influence of

liquor or drug Fail to give way at intersection Fail to keep to left of carriage

way

Fail to give-( a) Stop signal (b) Turn or diverge signal

Incorrect right hand turn Lighting offences (motor

vehicles) Level crossing-Fail to stop &c.

Number plates-(a) Damaged (b) Obscured

Pedestrian crossings-Fail to give way, &c.

Parking offences (various) Motor cycle riders-No safety

helmet

Pillion passengers-(a) Speed with .. (b) No safety helmet

Stationary tram-Passing, &c. Stop sign-Fail to observe School crossings-Fail to stop at,

&c. Traffic lights-Fail to observe .. Unregistered

detected motor vehicles

Unlicensed drivers detected

[ASSEMBLY.] on Notice.

Offenders Detected.

4,232

733

219

18 56

16 15 6

74 6

30 197

20 323

73

8 206

131

65 187

74

412 1

37 116

9 1,229

20

13 15

2 265

2 478

128 275

Nature of Offence.

Bicycles-without lights

Log books-rest periods

Throwing litter from a vehicle Other traffic offences-not speci

fied above

Seat belts

Offenders Detected.

4

39 12

1,739 .

86

Total 11,886

OVERTIME.

(Question No. 60)

Mr. WILKES (North cote) asked the Chief Secretary-

1. How many overtime hours were worked by-( a) uniformed members of the Police Force; and (b) plaincloth1ed and Criminal Investigation Branch members, for the period from 1st January to 30th June, 1971?

2. What amount of overtime was paid in each case?

3. What amount of time-off in lieu of pay was given in each case?


1. (a) 103,004 (b) 37,781.

2. Members below the rank of inspector attached to the Criminal Investigation Branch and officers in charge of one-man stations receive a commuted allowance to compensate them for overtime duty performed. Payments for overtime were as follows:-

(a) Commuted allowances $17,950 Casual overtime includ-ing "recall to duty" $35,664

(b) Commuted allowances $102,857 3. (a) 86,881

(b) Nil.

MOTOR VEHICLES: ACCIDENTS.

(Question No. 63)

Mr. WILKES (Northcote) asked the Chief Secretary- .

1. What is the present number of policeowned vehicles and motor cycles and what has been the increase since 1st January, 1971? .

2. How many privately-owned vehicles are used by the Police Force and whether this number has increased or decr-eased since 1st January, 1971 ?

3. What was the cost 'in the last financial year to the Police Force for the use of private vehicles?


4. How often, at what stage, and on whose decision police-owned vehicles are changed for new vehides?

Mr. HAMER (Chief Secretary).The answers are-·

1. Motor vehicles-757 as at 31st August, 1971; an increas'e of 39 since 1st January, 1971.

Motor cycles-l02 as at 31st August, 1971; no change sinoe 1st January, 1971.

2. The total number of private vehicles used varies according to the exigencies of the service. During the' financial year 1970-71, a total of 925 private ~ehicles wer.e used for which members were paid prescribed mileage rates. Some of these would have only been used on rare occasions. The number should continue to reduce as more departmental vehicles are allocated to police stations.

3. $178,942.

4. (a) Police vehicles, other than divisional vans and panel vans up to 15 cwt. capacity-at 25,000 miles or after a lapse of two years since purchase in accordance with directions from Victorian Gov,ernment Motor Transport Committee which is the approving authority.

(b) Divisional vans and panlel vans up to 15 cwt. capacity-at 40,000 miles or when foreseeable running costs exceed 3.52 cents per mile; with ,the approval of the Victorian Government Motor Transport Committee.

(c) Heavier vehicles such as prison vans, trucks, etc.-with the approval of the Ministry of Transport when foreseeable running costs make it uneconomical to retain them.

(Question No. 64)


1. How many police vehicles have been involved in accidents since the 1st January, 1971?

2. What was the cost of repairs to-( a) police vehicles; and (b) other vehicles, and whether insurance covered thes·e costs?

3. Whether litigation is pending in any case?


1. 393 to 31st August, 1971.

2. (a) $64,460

(b) $6,140.

These amounts were covered under policy.

3. In 28 cases action concern:ing recovery of damag,es is pending.

INCIDENCE OF CRIME.

(Question No. 66)

Mr. WILKES (North cote) asked the Chief Secretary-Since 10th March, 1971-

1. How many armed holdups, robberies with violence, assault by bashing or serious assault, robbery, and rape, respectively, have been reported and what was the location in each case?

2. How many murders, attempted murders, and cases of manslaughter, respectively, have been reported?

3. How many cases of breaking and entering, including house, factory, office or shop breakings, have been reported?

Mr. HAMER (Chief Secretary).-The answers are~

Nature of offence. Number of offences

reported or becoming known.

1. Armed holdup or robbery under arms ..

·Robbery with violence and robbery ..

Assault Rape (including 8 of

fences of attempted rape)

70

288 2,509

30 • Robbery is defined as the felonious taking of

money or goods of any value from the person of another, or in his presence, against his will, by violence or putting him in fear.

The locations at which the various offences were committed were as follows:-

ROBBERY.

Robbery under arms. Chelsea Laverton Heidelberg Northcote Reservoir Essendon Bentleigh South Melbourne Bourke Street West Maidstone Pascoe Vale Bendigo Brighton Fairfield Kew Broadmeadows Sunshine Mt. Waverley Blackburn Flemington Fitzroy Belgrave Footscray Kingsville Mitcham Preston

1 1 2 2 1 1 1 2 2 1 1 1 1 1 3 2 2 1 1 1 2 1 1 1 2 3


Carlton 3 Melbourne 14 St. Kilda 2 Ashburton . 2 Footscray 3 Williamstown 1 Greensborough 1 Coburg 5

Camberwell 1 Flemington 2 Footscray 1 Williamstown 3

Diamond Creek 1 Reservoir 1 Tangambalanga 2 Hawthorn 2

Ballarat 2 Geelong 1

Royal Park 2 Glen Waverley 1 Springvale 1 Oakleigh 1 Noble Park 3 Melbourne 1

Epping 1 Fairfield 1 Heidelberg 2 Greensborough 1

Sou th Yarra 1 Kew 1 Mt. Evelyn 1 Beaumaris 1

Lake Bolac 1 Wang·aratta 1

Murrumbeena 1 Morwell 1 Violet Town 1

Robbery with wounding. Coburg 1

Dandenong 3 Geelong West 1 Diamond Creek 1

Assault and robbery. Footscray 2 Glenroy 1 Kilmore 1 Brighton 2 Belgrave 1 Box Hill 4 Pascoe Vale 2 Sunshine 4 Bendigo 2 St. Kilda 21

East Melbourne 3 Sandringham 1 Northcote 1 Preston 1 Norlane 1 Glenhuntly 1 Frankston 1 Elsternwick 1 Chelsea 1 Blackburn 1 Mitcham 1

Hawthom 3 Ro,bbery with offensive weapon. Prahran 6 Essendon 2 F.awkner 2 Footscray 5 Kingsville 2 Maribyrnong 1 Moonee Ponds 5 St. Albans 3

Caulfi·eld 1 Brunswick 1 Frankston 2 Moorabbin 1 Melbourne 1 5ot. Kilda 1

Robbery in company. Wall an 2 Caulfield 6 Malvern 2 South Yarra 3 Bourke Street West 6 Collingwood 5

Mentone 1 Blackburn 1 Caulfield 1 Melbourne 1 Chelsea 1 South Melbourne 1

East Melbourne 2 Fitzroy 27 Port Melbourne 4 Richmond 11 Royal Park 2 St. Kilda Ro'ad 3

Frankston 1 East Melbourne 2 Dandenong 1

Robbery with menaces. Carlton 2

Carlton 6 North Melbourne 4

Geelong 1 Caulfield 1

South Melbourne 9 Flemington 1

Avondale Heights 1 Prahran 2

Emerald 1 Noble P.ark 1 Thomastown 2

Bendigo 1 Footscray 2 Melbourne 2

Eltham 1 South Melbourne 1 Oakleigh 1 Boronia 1 Mordi'alloc 1 Avondale Heights 2

Ringwood 1 Mitcham 1

Broadmeadows 5 Hawthorn 1 Brunswick 7 Ashburton 1 Coburg 3 St. Kilda 1 Bacchus Marsh 1 Ringwood 2

Oakleigh 2 Broadmeadows 1

Wall an 1 Warm amb 00 1 1 Wangar:atta 2 Collingwood 1

Questions [7 SEPTEMBER, 1971.] on Notice.

i, AsSAULT.

Grievous bodily harm on civilian with knife.

South Melbourne Newport St. Kilda Coburg Port Melbourne Ringwood Bourke Street West East Melbourne Malvern Brunswick Glenroy Oakleigh Tatura North Melbourne St. Albans Reservoir Fitzroy Footscray Camberwell Collingwood Rosebud East Melbourne Flemington Hamilton Fawkner Northcote Carlton

Grievous bodily harm iOn kicking.

Port Melbourne Moonee Ponds South Yarra St. Kilda Toorak Essendon Frankston Wangaratta Preston Ivanhoe Greensborough Brunswick Geelong Cheltenham Bourke St. West Korumburra Westmeadows

4 1 3 1 1 1 1 1 1 1 1 1 1 1 1 2 3 2 1 1 2 1 2 1 1 1 1

civilian by

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1

Grievous bodily harm on civilian other weapon.

Broadmeadows 2 Brunswick 3 Brighton 1 St. Kilda 9 Caulfield 1 Dandenong 2 Ferntree Gully 2 Coburg 2 Sunbury 1 Fitzroy 3 Sunshine 1 Chatham 1 Elsternwick 1 Pascoe Vale 1 Royal Park 1 Flemington 4 West Heidelberg 1 E~~don 3 Oakleigh 5

Mount Waverley 1 Carlton 2 Port Melbourne 1 Box Hill 1 Heidelberg 1 Fairfield 1 Northcote 1 Ringwood 1 Kew 1 Traralgon 1 Maryborough 1 Wangaratta 1 Mordialloc 1 Clifton Hill 3 Bacchus Marsh 1 Tatura 1 Robinvale 1 Kingsvale 1 Moorabbin 1 South Yarra 1 Chadstone 1 Balwyn 1 Eltham 1 Clayton 1 South Melbourne 3 St. Kilda Road 1 Trafalgar 1 Cheltenham 1 Prahran 1 Melboum'e 4 Victoria Dock 1 Preston 1 Briagolong 1 Laverton 1 Wodonga 1 Springvale 1 Ballarat 5 Hawthorn 4 Collingwood 5 Richmond 1 Moe 2

Grievous bodily Melbourne

harm on civilian.

North Melbourne Williamstown Broadmeadows Flemington Glenroy Newport Loch Morwell Merbein Burwood Malvern Doveton Geelong Warrnambool Oakleigh Greensborough Coburg Ballarat Hawthorn Prahran South Yarra Preston Northcote Fawkner Bourke Street West St. Kilda Road South Melbourn·e Altona

4 4 6 2 2 1 2 1 1 1 2 1 1 4 2 2 2 3 3 5 2 1 2 3 2 3 2 2 1

189

190 Questions [ASSEMBLY.] on Notice.'

Footscray 6 Caulfield ' 1 Blackburn 1 Ferntree Gully 1 Heidelberg 3 Fitzroy 1 Boolarra 1

Brunswick 2 East Bentleigh 2 Moorabbin 1

Bass 1 Collingwood 3 Box Hill 1 Reservoir 1

Fitzroy' 2 St. Kllda Road 3

Chatham 1 Murrumbeena 1 Malvern 1 Croydon 1 Carlton 1 Yarraville 1 Clayton 1 Richmond 1

Carlton 3 Clayton 1

Brunswick 6 Prahran 2 St. Kilda 7 East Geelong 1 South Melbourne 1 Fawkner 2 Fern Tree Gully 1 Sunshine 3

Moonee Ponds 1 Malvern 1

Collingwood 2 Pascoe Vale 1

Springvale 1 Coburg 1

Yarraville 1 Essendon 1 Robinvale 1 Bendigo 3 Mentone 1 Dandenong 2 Diamond Creek 1 Kew 1

Hampton 1 Warrnambool 2 Reservoir 3 Sunshine 1 Echuca 1 Broadmeadows 1 Bacchus Marsh 1 Oakleigh 1

Frankston 1 Colac 1 Toorak 1 Morwell 2 Leongatha 1 West Heidelberg 2 Echuca 1 Wodonga 1 St. Albans 1 Kyneton 2 Koondrook 1 Moorabbin 1 Royal Park 1 Brighton 1 Elwood' 1 Orbost 1 Springvale 1 Warburton 1 Wangaratta 2 Nathalia 1 Traralgon 1

Assault civilian with knife.

Assault civilian by kicking. Royal Park 2 South Melbourne 2 Broadmeadows 3 Newport 1 Essendon 4 Flemington 4 Williamstown 2 St. Kilda 7 South Yarra 1 Burwood 3 S~e 1 Blackburn 2 Greensborough 3 Wonthaggi 1 Preston 3 Ringwood 1 Melbourne 10 Bourke Street West 3 North Melbourne 3 Footscray 4 GJenroy 5

Melbourn'e 3 Port Melbourne 1 South Melbourne 4 Footscray 4 St. Kilda 10 Greensborough 4 Toorak 2

Brunswick 7 Coburg 2 Bendigo 3 Hawthorn 7 Frankston 6 Hampton 1 Doncaster 3

Mt. Waverley 2 Moe 1

Heidelberg 5 Boronia 2

Mordialloc 2 Carlton 7 Richmond 2 East Melbourne 3 Northcote 1 Tatura 1 Wangaratta 2 North Melbourne 1 Glenroy 1 Beaumaris 1 Mooroopna 2 Flemington 1 Ballarat 1 Camberwell 1

Port Melbourne 3 Camberwell 2 Prahran 2 Richmond 4 Northcote 3 Ivanhoe 1 Kingsville 4 Box Hill 3 Ballarat 1

Box Hill 1 Thomastown 1

Questions [7 SEPTEMBER,' 1971.] on Notice. 191

Sunshine 1 W,ang'aratta 2 Ferntree Gully 1 Coburg 5 Glen Waverley 1 Sunbury 1 Malvern East 1 Cobram 1 Diamond Creek 1 Diamond Creek 1 St. Albans 4 Shepparton 1 Yarraville 1 Mornington 5 Sunshine 2 Cheltenham 1 Ballarat 1 Hawthorn 2 Morwell 1 Moorabbin 1 St. Arnaud 1 Collingwood 11 Moorabbin 2 Fitzroy 4 Croydon 1 Victori'a Dock 1 Kew 2 Koondrook 1 Korumburra 1 Oakleigh 5 Malvern 1 Melbourne 9

. Norlane 1 Glenroy 1 Malvern 1 Newport 2 Springvale 2 Westmeadows 1 Reservoir 4 Williamstown 3 Fawkner 1 Yarraville 2 Kyneton 2 Sunshine 3 Morwell 1 Robinvale 1 Drouin 1 Bendigo 2 Meeniyan 2 Essendon 2 Koondrook 1 Eltham 1 Geelong 2 Heidelberg West 2 Caulfield 2 Clifton Hill 5 Moonee Ponds 2 Footscray 4 Cheltenham 2 Mooroopna 2 Clayton 1 North Melbourne 1 Newport 1 Toorak 2 Heidelberg 2 Hawthorn 2 East Bentleigh 1 Bacchus Marsh 1 Fitzroy 2 FIIankston 1 Wangaratta 2 Reservoir 2 Dandenong 1 . Clayton 1 Maldon 1 Royal Park 1 Traralgon 1 Bourke Street West 3 Mordialloc 1 Greensborough 1

. Toorak 2 Burwood 1

. Mentone 1 Moonee Ponds 1 Noble Park 1 W'armambool 1 Ashburton 1 St. Kilda Road 1 Red Cliffs 1 BaUarat 6 Mitcham 1 Bruthen 1 Werribee 1 Oarlton 7 Doveton 1 Lilydale 1 Fawkner 1 Benalla 1

Assault on civilian other weapon. Maryborough 2 Balwyn 1

Richmond 8 Echuca 1 .. South Melbourne 7 Box Hill 3 Laverton 2 Heidelberg 2 Broadmeadows 2 Warburton 1 Brunswick 5 Fairfield 2 Altona 1 Northcote 3 Morwell 1 Chads,tone 1 Seymour 2 Moe 6 Violet Town 1 Preston 3 Camberwell 1 Malvern 1 Prahran 9 Chelsea 1 St. Kilda 11 Murrumbeena 1 Wodonga 1 Springvale 3 Geelong 3 Flemington 2 Nhill 1 Brighton 1 Thomastown 1 Eisternwick 1 Sale 1 Pascoe Vale 1 Dandenong 3 Richmond 1 Hampton 1 Eaglehawk 1 Clayton 2 Tatura 1 Maidstone 1

Kew 1 Ferntree Gully 2

192 Questions [ASSEMBLY.] oli Notice.

East Bentleigh 1 Laverton 4 Drouin 1 Coburg 18 Traralgon 1 Port Melbourne 6 Kingsville 4 Fawkn·er 7 Werribee 2 Chadstone 1 Ringwood 3 Mornington 5 Mordialloc 1 Warburton 1 BI'ackbum 2 Cobram 4

Assault on civilians. Echuca 4 Wodonga 1

Mitcham 8 Bayswater 4 Daylesford 1 West Heidelberg 3 St. Kilda 58 Belgrave 1 Greensborough 5 Broadmeadows 17 Sunshine 33 Brunswick 18 Essendon 6 Moe 10 Mooroopna 1 Morwell 6 South Melbourne 23 Alexandra 1 Hawthorn 35 Kilmore 2 Springvale 12 St. Arnaud 1 Preston 19 Hampton 3 Heidelberg 37 Norlane 3 Bacchus Marsh 3 Colac 2 Footscray 30 Warm ambo 0 I 14 Newport 6 Port Fa-iry 1 Brighton 2 Bruthen 1 Niddrie 1 Lakes Entrance 3 Werribee 6 Traralgon 2 Maidstone 5 Seymour 8 Ballarat 14 Benalla 3 Castlemaine 2 Toorak 9 Bunyip 1 Burwood 8 Flemington 25 Eisternwick 3 Maryborough 6 Moorabbin 13 Eaglehawk 1 Mordialloc 3 Reservoir 13 Prahran 26 Wodonga 5 Blackburn 5 St. Albans 10 Kyabram 1 Brunswick 4 Apsley 1 St. Kilda Road 9 Shepparton 3 Bourke Street West 8 Wangaratta 9 Carlton 23 Bairnsdale 4 East Melbourne 11 Rosedale 1 Camberwell 12 Sale 5 Caulfield 9 Carrum 1 Box Hill 12 Dandenong 13 Northcote 23 Frankston 23 Melbourne 58 Sorrento 1 Glenroy 10 Thornbury 1 Yarraville 8 Ferntree Gully 13 Kew 9 Oakleigh 11 Nathalia 1 Balwyn 4 Moonee Ponds 11 Doncaster 5 Richmond 44 Red Cliffs 1 Malvern 19 Lilydale 1 Doveton 5 Nhill 1 Geelong 29 Thomastown 1 Collingwood 36 Avondale Heights 3 North Melbourne 15 Black Rock 1 Ararat 1 Berwick 1 Myrtleford 1 Altona 2 Horsham 2 Highett 1 Murrumbeena 4 Portland 3 Fairfield 2 Mentone 2 Malvern East 3 Cranbourne 1 Warrandyte 1 Diamond Creek 1 Mt. Waverley 5 Melton 1 Croydon 1 Pascoe Vale 5 Clifton Hill 4 Williamstown 12

Fitzroy 16 Westmeadows 1 Royal Park 6 Kyneton 3 Kingsville 11 Meeniyan 2

Quest~ons [7 SEPTEMBER, 1971.] on Notice. 193

Hopetoun 1 St. Arnaud 1 Mildura 1 Sandringham 2 Bendigo 6 Yarra Junction 1 East Bentleigh 5 Royal Park 1 Ashburton 5 Brunswick 1 Stawell 1 Bannockburn 1 Orbost 2 Sale 1 Tatura 1 Lilydale 1 Ne~rt 7 Bourke Street West 1 Bent eigh 1 Toorak 1 Cheltenham 5 Sunshine 1 Warracknabeal 2 Neerim South 1 Boronia 4 Eltham 1 Eltham 1

Assault police-other weapon. Warragul 1 Robinvale 1 Neerim South 1 Cobden 1 Shepparton 1 Tallangatta 1 Fawkner 1 Chatham 1 Glen Waverly 1 Rye 1 Hawthorn 3 Chelsea 3 Melbourne 6 Clayton 5 Moorabbin 1 Noble Park 5 Mt. Waverly 1 Healesville 3 Flemington 2 Ringwood 1 Essendon 1 Greensborough 10 Sandringham 1 Sandringham 2 Northcote 2 Whittlesea 1 Port Melbourne 1 Yarra Junction 1 Lake Boga 1 Wonthaggi 1 Altona 3 Merbein 1 Brighton 1 Cohuna 1 St. Kilda 2 Elwood 1 Kingsville 1 South Yarra 7 Dandenong 1 Glen Waverly 3 Ballarat 1 Victoria Dock 1 Williamstown 1

Assault police-kicking. Ararat 3 Pascoe Vale 1 Richmond 7 Brunswick 3 Yarraville 1 Geelong 2 Ballarat 11 F.itzroy 2 St. Kilda 4 Yarraville 2 Geelong 1 Mordialloc 1 Springvale 3 Heidelberg 2 Ringwood 1 Sunbury 3 Fitzroy 2 Oakleigh 1 . Preston 2 Moe 1

Broadmeadows 1 St. Kilda Road 1 Seymour 1 Broadmeadows 1 Prahran 1 Box Hill 1 Reservoir 1 Toorak 1 St. Kilda Road 1 South Melbourne 1 Assault po.zice. Maryborough 1 Neerim South 1 Flemington 5 Sunshine 3 Heidelberg 1 Heidelberg 7 Collingwood 1 North Melbourne 2 MorweU 1 Bourke Street West 9 St. Albans 1 Geelong 6 North Melbourne 1 Orbost 1 Altona 1 Mt. Waverly 1 Oak leigh 1 Flemington 2 Carlton 2 St. Kilda Road 1 Footscray 6 Port Melbourne 6 Moe 1 Frankston 5 South Yarra 1 St. Albans 3 Dandenong 1

Melbourne 46 Hurstbridge 1 Collingwood 4 Port Melbourne 1 Fitzroy 3 Melbourne 15

East Melbourne 8 Maidstone 1 Traralgon 1 Brunswick 4

194 Questions,

Bacchus Marsh Footscray Maryborough Morwell Ouyen Mansfield Seymour Benalla Bendigo Toorak Hawthorn Colac Camperdown Sale Dandenong Oakleigh Lilydale Portland Rutherglen Richmond Robinvale Hampton Malvern Mordialloc South Melbourne Moe Altona Moonee Ponds Sunbury Newport Prahran St. Kilda Bentleigh Kew Mentone Victoria Dock Carlton Essendon Eaglehawk Cheltenham Wodonga Sandringham Lakes Entrance Yarrawonga East Melbourne Altona Yarraville Broadmeadows Ballarat Drouin Swan Hill Merbein East Bentleigh Norlane Warmambool Clayton Northcote Healesville Reservoir Shepparton Wangaratta Moyhu Williamstown Springvale Preston Wonthagggi Lake Boga Moorabbin South Yarra Donald Nhill Boronia

'I 5 2 1 1 1 1 3 1 2 4 2 1 4 3 6 1 1 1 7 1 1 2 1 1 3 4 1 1 1 9

14 1 1 1 1 2 3 1 2 3 3 1 1 7 1 1 3 6 1 1 1 1 1 5 2 3 1 2 1 1 1 4 2 3 1 1 1 1 1 1 1

[ASSEMBLY.] on Notice.

2.

3.

Hurstbridge 3 Preston 2 Croydon 1 Eltham 1 Noble Park 1

Rape. Royal Park 1 Morwell 1 Reservoir 2 Broadmeadows 1 Cranbourne 1 Fairfield 1 Toorak 1 Fitzroy 1 Carlton 2 Numurkah 1 Kingsville 1 Ivanhoe 1 St. Kilda 2 Ballarat 1 Springvale 1 Mt. Waverley 1 Chelsea 1 Kyneton 1 Richmond 1

Attempted rape. Bentleigh 1 South Melbourne 1 East Melbourne 1 Newport 1 Wodonga 1 Port Melbourne 1 Coburg 1 Chatham 1

Nature of offence. N umber of offences

reported or becoming known.

Murder Attempted murder Manslaughter

Nature of offence.

House breaking Factory breaking Office breaking Shop breaking

23 20

1

Number of offences reported or

becoming known.

Total

7,909 801 935

3,006

12,651

STAFF IN CITY OF MELBOURNE: NIGHT AND WEEK-END DUTY.

(Question No. 67)


1. What was the maximum number of plain clothed and uniformed policemen, respectively, on duty at police stations serving the City of Melbourne at 1st September, 1971, indicating the stations and when they are at maximum strength?

Questions· [7 SEPTEMBE~ 1971J on Notice. 195

2. What was the minimum number of plainclothed and uniformed policemen on duty at police stations serving the City of Melbourne at 1st September, 1971, indicating the stations and when they are at minimum strength?

3. How many superintendents, chief inspectors, and inspectors, respectively, are on duty each week night and at week-ends, respectively?


1 and 2.

Members on Duty.

Uniform. Plainclothes.

Station. Maximum Minimum Maximum Minimum

8 a.m.- 11 p.m.- 8.45 5.15 5 p.m. 7 a.m. a.m.- p.m.-

5.15 p.m. 8.45 a.m.

C arlton 11 4 3 xl Bourke

Street West 10 6 6 1

East Mel-bourne 4 .. .. ..

Flinders Lane .. 4 .. .. . .

North Mel-bourne 10 5 3 xl

Royal Park .. 4 .. .. . .

Russell Street .. 66 15 136 ·45

+ Traffic and Patrol Police 50 .. .. . .

159 30 148 48

x Normally rostered until 10 p.m. but perform duty to such later hour as the exigencies of the service require. A Criminal Investigation Branch car also operates in the area covering these stations from 10 a.m. to 6 a.m. seven nights a week.

• Includes a detective inspector who ceases duty at 10 p.m. but is on call until 9 a.m. the following morning.

+ Fourteen members commence duty at 6.45 a.m. and are relieved by another shift of 12 members who cease duty at 11.30 p.m. Monday to Friday, inclusive, and at 12.30 a.m. on Sunday.

3. Superintendents and chief inspectors perform duty outside normal hours as and when required.

Two inspectors at least are on duty from 2 p.m. to 10 p.m. and from 10 p.m. to' 6 a.m. seven days a week. In addition, three detective inspectors are on call each night after 10 p.m. Mondays to Fridays.

At week-ends, at least two inspectors are on duty from 6 a.m. to 2 p.m. each day. In addition, two detective inspectors are on duty to 5 p.m. and remain on call for the remainder of each night.

CIVILIANS EMPLOYED: RECRUITS IN TRAINING.

(Question No. 77)


1. How many civilians were employed by the Police Force on 1st September, 1971?

2. How many recruits were in training at 1st September, 1971?


1. 1,428.

2.207.

SOIL CONSERVATION AUTHORITY.

ASSISTANCE TO FARMERS.

(Question No. 62)

Mr. HOLDING (Leader of the Opposition) asked the Premier-

Wh'at are the specific details O'f the .. more generous basis of 'assistance to farmers :through the Soil Conserv'ation Authority for soilconselV'ation projects" mentioned by him in his Budget speech on 'the 1st September instant?


In the Eppalock catchment and in group conservation areas the Government, through the Soil Conservation Authority, has always accepted the full cost of the non-productive erosion control works provided the land-holders agreed to carry out the planned productive improvements and changes in land management needed to ensure that soil erosion would not occur again. So that landholders would be encouI1aged to work with the authority in groups, Ithe assistance available to indiv.idual landholders not within group conservation areas was on ,a reduced scale. It is now proposed to improve the basis of this assistance in the following way.

For gully erosion control the maximum assistance will be two-thirds of Itotal cost instead of one-fifth.

For fencing for erosion control purposes the assistance will be one-half of the cost of the fence instead of $3 per chain.

For erosion control earthworks !the las'sistance will be one-half of the cost, which is an improvement on a variety of rates of assistance prev.iously offered for different kinds of works.

For establishment of vegetative cover specifically for erosion control Ithe as'sistance will be one-half of the cost. Previously there was no assistance for this work


except for the sowing of rye on eroding sand dunes in the agricultural areas where the assistance has been and will remain the full cost of seed and fertilizer.

Assistance for catchment improvement by special kinds of cui:tivation will be either one-half or the whole of the cost, depending on the nature of the cultivation land the agreement of the l:andholder to bear the cost of productive works to be carried out at the siame time.

The basis of assistance to shires for erosion control works will be improved to a maximum grant of five-sixlths of the total cost, instead of two-thirds as it was previously.

VICTORIA. POPULATION: PROVISION OF ESSENTIAL

SERVICES.

(Question No. 65)

Mr. EDMUNDS (Moonee Ponds) asked the Minister of Transport, for the Minister for Local Government-

1. What is the estimated population of Victoria for the year 2000?

2. What studies have been undertaken in respect of town planning for the provision of essential services for any additional population for the year 2000?

3. Whether the Town and Country Planning Board has any plans and documents on the subject; if so, what is their nature and whether they will be made available to the honorable member for Moonee Ponds?

Mr. WILCOX (Minister of Transport) .-The answers supplied by the Minister for Local Government are-

1. The Commonwealth Bureau of Census and Statistics has supplied the following projected figures for the year 2000:-

(a) 5,715,000 if net annual migration gain is 15,000.

(b) 5,948,000 if net annual migration gain is 20,000.

(c) 6,181,000 if net annual migration gain is 25,000.

NOTE:-This is a mathematical projection based on present life expectancy and fertility rates, not an estimate or forecast.

2. Studies for the provision of essential services up to the year 2000 are a part of the wider field of strategic planning which has been given increasing prominence by the Government since 1967.

In 1967 at the request of the Minister for Local Government the Town and Country Planning Board produced a report on the future growth of Melbourne. The board's report emphasized the need to undertake and

to provide an organization for strategic planning and the co-ordination of the work of public authorities. A similar report was prepared by the Melbourne and Metropolitan Board of Works.

Many of the recommendations advanced in the board's report were incorporated in the Town and Country Planning Act 1968, which included provisions-

(a) For the Town and Country Planning Board to prepare statements of planning policy with respect to any portion of Victoria;

(b) For the establishment of a State Planning Council to .. co-ordinate planning by State instrumentalities and semi-government authorities of future works and developments for which they are responsible" and to .. act as consultant and adviser to the Town and Country Plannin1 Board with respect to the prepar~tion and adoption of any statemen t of planning policy";

(c) For the establishment of regiona I planning authorities.

Since then the State Planning Council ha:; been formed, the Town and Country Plan· ning Board re-organized to incorporate It

strategic planning division, and two regional planning authorities established with thc~ probability of others being established in thn comparatively near future. As a significan t part of this restructuring and advancemen: of planning in Victoria, the Town and Country Planning Board is engaging in It

wide range of strategic planning studies a'; State and regional levels, including as an integral part a study of the provision 0:: services.

The major services studies to date have related to the Port Phillip district and have been concerned with compiling and analysing the present pattern of services, their capacity, and the existing commitments on the part of servicing agencies for their extension. A later stage of the studies will relate the need for services to all other major factors such as terrain, employment, and conservation which must be taken into account when planning for the control, promotion and distribution of development during the remainder of the century.

In addition extensive forward planning studies have been and are being carried out by the Melbourne and Metropolitan Board of Works and other planning authorities concerning services in the areas for which they are responsible.

3. The board has collected, examined and prepared an extensive series of documents and maps on forward planning generally,


and in relation to services in the Port Phillip district. It has produced a series of seven progress reports on various services.

A great deal of this information is available for perusal by the honorable member by arrangement with the Minister.

MEDICAL BENEFITS ORGANIZATIONS.

SUBSCRIPTIONS BY PENSIONERS.

(Question No. 70)

Mr. CURNOW (Kara Kara) asked the Minister of Health-

Whether any provision exists within any medical benefits org,aniz,ation for pensioners to pay a pro rata subscription to cover the cost between free public ward treatment and private ward accommodation; if so, what is the nature of any such provision?

Mr. ROSSITER (Minister of Health) .-The answer is-

I know of no provision in any medical benefits org.anization for pensioners to pay a pro rata subscription to cover the difference between fees charged non-pensioner patients in public wards and the fees charged patients in private wards. Any such proposal would require the ,approval of the Commonwealth Department of Health for any variation of the present arrangements under which he must insure for :the full appropriate fee.

SOCIAL WELFARE DEPARTMENT. REGIONAL BOUNDARIES.

(Question No. 72)


Whether the Social Welfare Department has taken any steps to co-ordinate its regional boundaries with those of other government departments; if so, what action has been taken?

Mr. I. W. SMITH (Minister for Social Welfare).-The answer is-

It is not planned to set deliber,ate boundaries in the initial experimental s'uages of regionaliz'ation.

SOCIAL WELFARE AGENCIES. GoVERNMENT FINANCIAL ASSISTANCE.

(Question No. 74) Mr. BORNSTEIN (Brunswick East)

asked the Minister for Social Welfare-

Which non-Government welfare agencies have sought fi'nandal ,assistance from the Government since the creation of the Social

Welfare Department, specifying in each case the 'amounts sought, the ,amounts approved, and whether such amounts were in the form of grants, subsidies or loans?

Mr. I. W. SMITH (Minister for Social Welfare).-The answer is-

Numerous non-Government welfare agencies have applied and are in the process of applying for financial 'assistance from the Social W·elf.are Department.

The department has been allocated $250,000 to distribute amongst non-Govemment welfare organizations in the current financial year.

It is not envis,aged 'that money will be distributed immediately because it will be necessary to try and ,assess the number of organizations which require financial assistance, ·and the amounts required before applications can be satisfactorily processed.

PUBLIC AUTHORITIES (CONTRIBUTIONS) ACT.

PAYMENTS BY GAS AND FUEL CORPORA-TION AND STATE ELECTRICITY COMMISSION.

(Question No. 76)

Mr. CLAREY (Melbourne) asked the Treasurer-

What amounts have been received in each financial year from the---( a) Gas and Fuel Corpor,ation; ·and (b) State Electricity Commission, since the enactment of the Public Authorities (Contributions) Act 1966?


The following undermentioned amounts have been received:-

1966-67 1967-68 1968-69 1969-70 1970-71

Gas and Fuel

Corporation. $

930,000 960,000

1,005,000 1,095,000 1,125,000

State Electricity

Commission. $

4,800,000 5,340,000 5,820,000 6,330,000 6,600,000


MERCURY POLLUTION. Mr. FLOYD (Williamstown).

I direct a question to the Minister of Health. In view of the questions I asked last year about mercury pollution, has the Department of Health determined or investigated 'any

198 Questions [ASSEMBLY.J without Notice.

criteria for measuring the mercury content of rivers and streams which might be deleterious to public health through fish, oysters or anything else? Has the Minister consulted his confreres in other States on this matter, . because there was a scare about mercury in oysters from Botany Bay and lately from Smithton, Tasmania?

Mr. ROSSITER (Minister of Health) .-1 shall answer the honorable member'S questions seriatim. There have been indications in the press recently that more and more scientists are becoming concerned at the level of mercury in oysters and certain other shellfish and in free-swimming fish. I am concerned to realize that shellfish, such as mussels and scallops, in Port Phillip Bay could well be included. It was interesting to read in this morning's newspapers some comments from Tasmania concerning what is considered to be the optimum level of mercury in oysters, shellfish and other fish. The National Health and Medical Research Council has recommended to the State Governments that a mercury level of ·03 parts per million in fish should be the optimum level taken as the standard for Australia.

It is an interesting thought that some members of Parliament may today eat fish which will increase the amount of mercury in their kidneys or liver, as a result of which they would become very poor members of Parliament indeed. I should not want that to happen. The Chief Health Officer of the Department of Health has instructed the Chief Chemist-and has sought the co-operation of the Fisheries. and Wildlife Branch; I spoke to the DIrector of Fisheries and Wildlife this morning-to test mercury levels of fish from the bay and rivers and streams to determine whether the optimum level of mercury has been reached.

Mr. FLOYD.-Have you the facilities to do that?

Mr. ROSSITER.-We have the facilities.

COMMONWEALTH TRADE PRACTICES ACT.

Mr. ROSS-EDWARDS (Leader of the Country Party) .-Has the Premier had the opportunity of disc~ssin~ with the Solicitor-General the ImplIcations of the decision of the High Court last week in respect of the Commonwealth' trade practices legislation? If so, what effect is it likely to have on Commonwealth-State relations?

Sir HENRY BOLTE (Premier and Treasurer) .-1 have not had the opportunity of discussing this question with the Solicitor-General. I am sure the honorable member is as perturbed as I am at the judgment as reported in the press. As yet, we have not copies of the judgment available to study in detail, but from press reports it would appear that the High Court has overstepped the mark, and I believe it has gone outside its province. It would be unbelieveable if the Supreme Court of Victoria were to say to the AttorneyGeneral in relation to an appeal on criminal law that it found an Act invalid but that if the AttorneyGeneral were to amend the Act in a certain way the court would find it to be valid. What will happen as a result of the High Court's decision? No doubt the Federal Government will amend the Act at the direction of the High Court. Then what hope would any person have of app'eal!ng against it? It would be the HIgh Court's Act passed by Federal Parliament. I believe the Chief Justice had no right to sit on the bench in this case.

The SPEAKER (the Hon. Vernon Christie).-Order! There is a fine Hne to be drawn here and there should be no reflection on the deci~ion of the court.

Sir HENRY BOLTE.-I am not reflecting on the court o~ on the Chief Justice. It is hIstOry that the Chief Justice was the architect of the originail Trade Practices Act. It was later amended. In fact, it was supposed to have been

· Questions [7 SEPTEMBER, 1971.] without Notice. 199

watered down. If the hint or instruction given by the High Court to the Federal Attorney-General has the effect of reinstating that area in the Act that was watered down, then all we will be getting will be the measure that the Chief Justice introduced into the federal Parliament when he was a Minister.

HEATING OF SCHOOLS. Mr. FELL (Greensborough).

Will the Minister of Education inform me if it is a fact that a circular Was sent to all schools advising them or instructing them that they should reduce their biUs for heating fuel by half? Is it also a fact that this is causing extreme hardship in many schools where temporary buildings are used and in som'e of the older schools with the result that students and staff are suffering to the extent that classes are being cut short? If this is a fact, what action will the Minister take to halve the heating costs in his office in accordance with the instructions he has given?

Mr. THOMPSON (Minister of Education) .-1 shall answer the latter part of the question first. It would be easy to halve the heating costs of my cffice because the heating system seems to be on half the time and off half the time. Towards the end of the financiall year a notice along the lines stated by the honorable member was sent to schools so that they would not be ordering in advance -of their needs for a month or six weeks ahead. Over the course of the winter the amount of fuel purchased by ~chools would have been roughly equivalent to the amount purchased last year.

ACCOMMODATION TAX. Mr. WILKES (Northcote).-Be

cause of the Treasurer's obvious interest in the future development of Victoria, what action, if any, does the honorable gentleman propose to take against commeroial interests

and . corporations which have indicated their intention not to proceed with certain buildings in Victoria because of his Budget?

Sir HENRY BOLTE (Premier and Treasurer) .-It is obvious that the honorable member has been reading the daily press. I have also read the press articles and it appears that the honorable member is far more alarmed than I am.

Mr. HOLDING (Leader of the Opposition) .-In view of the fact that the Premier and Treasurer outHned certain proposals concerning an accommodation tax in his Budget speech last week, does the honorable gentleman think it propitious that he should inform the community of proposed changes in that aspect of his speech without first informing the Parliam'ent, and for those honorable members like mys'elf who are working on the basis of the honorable gentleman's speech to Parliament, will he now inform the House if he has any further changes to make in the Budget, and if so, what they are? If there are no such changes, will the honorable gentleman inform the House so that honorable members may rely on the statement made to Parliament and not on statements made to the press?

Sir HENRY BOLTE (Premier and Treasurer) .-1 take it that any Budget speech is a matter of policy at the time it is made, and the Leader of the Opposition will have an opportunity of replying to that speech as it has been presented. Any changes that are necessary immediately after the presentation of the Budget or later are a matter of Government policy and as such are a matter for the Government.

Mr. HOLDING (Leader of the Opposition) .-Is the Premier and Treasurer prepared to inform the House whether he was accurately reported in saying that there had been changes in his attitude on certain aspects of the accommodation tax, and will he amplify those changes?

200 Questions . [ASSEMBLY.] without Notice.

Sir HENRY BOLTE (Premier and Treasurer) .-To the best of my knowledge the only change-if it 'can be called a change-would be, as I said, that it was perfectly obvious that a buffer area would have to be provided on the boundaries of Victoria if and when this tax is applied.

Mr. HOLDING (Leader of the Opposition) .-1 direct a further question to the Premier on the subject. What does the Premier mean by "buffer areas ", and what areas does he have in mind?

Sir HENRY BOLTE (Premier and Treasurer).-Again this is a matter f.or determination. It is obvious that buffer areas must be created.

EMPLOYMENT OF AMERICAN SCHOOL TEACHERS.

Mr. AMOS (Morwell).-Can the Minister of Education inform me whether it is a fact that one of the main reasons for student reluctancy is the inability of the student to und.erstand the teacher? If this is so, what steps does the Minister propose to take to overcome the problems that will be associated with the utilization of American school teachers in Victoria?

Mr. THOMPSON (Minister of Education) .-1 missed the key words of the honorable member's question. Will he repeat them?

Mr. AMOS {Morwell).-Student reluctancy.

Mr. THoMPsoN.-Reluctancy for what?

Mr. AMOS.-Is student reluctancy one of the main reasons for the student's inability to understand the teacher, and if so, what does the honorable gentleman intend to do to overcome the problems that may arise by the introduction of American teachers into Victoria?

Mr. THOMPSON (Minister of Education) .-1 spent the most of Wednesday morning discussing educational problems with the American

teachers. I. had no difficulty whatsoever in understanding their English and 1 am sure Victorian students will have no difficulty either.

SOUTHWELL REPORT ON EDUCATION.

Mr. ROSS-EDWARDS (Leader of the Country Party) .-Certain embarrassment has occurred over the past few days because copies of the Southwell report on education have not been available. Members of Parliament have not had access to the report. Can the Minister of Education inform me whether sufficient copies of the Southwell report are now available for honorable members?

Mr. THOMPSON (Minister of Education) .-1 have discussed this matter with the Chief Secretary twice during the past 24 hours. Action has been taken to ensure that sufficient copies will be made available to honorable members.

NATURAL GAS FOR NEWPORT POWER HOUSE.

Mr. WILTON (Bvoadmeadows).Can the Minister for Fuel and Power inform me whether the State Electricity Commission has reached agreement for the supply of natural gas to the proposed new power house at Newport; if so, what were the parties to the agreement and what price will the State Electricity Commission pay for this fuel?

Mr. BALFOUR (Minister for Fuel and Power) .-1 thought that this question might be answered better at a later stage when relevant legislaHon is being debated. However, agreement has been reached between the State Electricity Commission as the purchasers and Esso-Hematite as the producers for the purchase of natural gas at Longford. It will be delivered to the 'commission at Newport provided that the project is approved by the Gas and Fuel Corporation through the main line and

Questions [7 SEPTE-MBER, 1971.] without Notice. 201

through a short distance of the Colonial Gas Association's territory. These transport arrangements have yet to be finalized.

On the subject of price, I -do not propose to say anything, other than that it was most satisfactory. If one quotes figures of so much a therm a rather confusing picture is given unless the whole basis 'Of the contract relating to the conditions of supply and so on, is provided. This is something which I hope, at a later stage, to discuss with the honorable member.

DERAILMENT OF TRAINS. Mr. W. J. LEWIS (Portland).-Is

the Minister of Transport aware that several attempts have recently been made to derail trains on the PortlandHamilton line? If the Minister is aware of this, has any action been taken? In one instance an iron rail was put on the line, and in another instance a disused telegraph pole.

Mr. WILCOX (Minister of Transport) .-1 was not aware that any such attempts had been made. I can only hope that the Railways Commissioners are aware of it. I am glad that the honorable member has drawn the matter to my attention, and I imagine that either he or someone else in the area has drawn it to the attention of railway officials, who have no doubt also observed it. If the facts are as related by the honorable member it is a serious state of affairs. Unfortunately, near Tullamarine, on the standard gauge line between Melbourne and Sydney, exactly the same thing happened, and a tremendous disaster could have been caused. Fortunately, this did not happen. I say to all honorable members and to the community generally that this situation is part of the lawlessness that exists in many places today.

Mr. WILKEs.-There are not enough police.

Mr. WILCOX.-It is not a question of the number of police available. It is a matter of the community being

Session 1971.-8

interested in its own property. The railways are the community's own property; indeed, one would hope the whole of this country is our own property.

Mr. EOMUNOs.-Except minerals.

Mr. WILCOX.-Honorable members opposite wish to make light of this subject.

The SPEAKER (the Hon. Vernon Christie). - Order! The Minister should ignore the interjections.

Mr. WILCOX.-It is difficult to give a proper answer to a proper question when honorable members interrupt as they do. I regard this as a very serious matter. I am sure all honorable members do, and I simply ask that the community regard it seriously too.


Mr. HOLDING (Leader of the Opposition) .-1 direct a question to the Minister for Fuel and Power following an answer he gave to the honorable member for Broadmeadows. Is it not a fact that the area allocated for the sale of this natural gas would normally be within the franchise of the Gas and Fuel Corporation, and therefore should not any criticism on the subject of na tural gas be directed to the Gas and Fuel Corporation? Secondly, when the honorable gentleman says that the gas has been purchased from Esso, does he mean Esso or a subsidiary company of Esso? Finally, has the Government acquiesed to the proposition that Esso has the right to sell natural gas to large industrial consumers anywhere in Victoria?

Mr. BALFOUR (Minister for Fuel and Power) .-In the first part of his question the honorable member asked whether the place from which this gas was to be sold came within the franchise area of the Gas and Fuel Corporation. Actually it is outside the franchise area. However, this arrangement has been made under the agreement which took quite some


time to draw up and which was entered into by the distributors and producers after the signing of the letter of intent. This sets out how gas can be sold and who sells it. In these circumstances, with the quantities and the price involved, it is far better for the State Electricity Commission to buy it from the producers, then have the corporation transport it for them and for the corporation to get something out of that part of the deal than for the corporation to endeavour to make a deal with the State Electricity Commission.

Mr. HOLDING (Leader of the Opposition) .-1 direct a further question to the Minister for Fuel and Power. Will the honorable gentleman please table all relevant documents concerning the terms and conditions of this sale by Esso to the State Electricity Commission?

Mr. BALFOUR (Minister for Fuel and Power) .-1 should like some notice of that question. As 1 indicated earlier, these questions would be better asked at a later stage. 1 indicated that 1 would be willing to talk on some of these matters to the honorable member for Broadmeadows, who I believe will be handling the Newport legislation, and 1 think 1 could give him an adequate explanation.

STATE SUPERANNUATION FUND. Mr. SHILTON (Midlands).-Could

the Premier and Treasurer advise whether the triennial review of the State Superannuation Fund has been completed as was promised on 30th June, this year; if so, what is the result of the review? Can the recipients hope for a rise?

Sir HENRY BOLTE (Premier and Treasurer) .-1 will obtain this information, and advise the honorable member.

SOUTH AFRICAN CRICKET TOUR. Mr. TREZISE (Geelong North).

Has the Premier seen clarifying statements which have been made in

recent days by the Premiers of neighbouring States concerning their Governments' support for or opposition to the proposed cricket tour by South Mrica? Can the Premier advise the House whether the Government will support or oppose the tour and, if it supports it, can the Premier advise what steps will be taken to ensure the protection of the Victorian public?

Sir HENRY BOLTE (Premier and Treasurer) .-The honorable member for Geelong North has made a broad statement that the Premiers of other States have declared their policies concerning the tour. To the best of my knowledge, only Mr. Dunstan and Mr. Tonkin have made any comments on it, and Mr. Dunstan only said that he could not guarantee the success of the tour, or something like that. As 1 understand it, he did not say that he was for or against it.

I have consistently maintained, as has my Government, that this is entirely a matter for the Australian Board of Control. The board will be meeting tomorrow, 1 believe, and its decision will be conveyed to the various State Governments. If South Australia then decides that it cannot guarantee that a test match will be played in that State, or if Western Australia does so, a test match will not be played there; but we in Victoria will give proper consideration to whether a test match could and should be played here only after the board of control reaches its decision tomorrow. 1 do not intend to add fuel to the fire.


Mr. EDMUNDS (Moonee Ponds).Can the Premier inform the House what response has been made by other State Governments to Victoria's call for a convention to discuss Commonwealth-State financial relationships and amendments to the Constitution?

The SPEAKER (the Hon. Vernon Christie ).-The question should be directed to the Attorney-General.

· Questions [7 SEPTEMBER, 1971.] without Notice. 203

Mr. EDMUNDS.-I redirect that question to the Attorney-General.

Mr. REID (Attorney-General) .I do not propose to go into much detail, because the same question was asked by the honorable member for Hawthorn last week. In general terms, the response of other Governments and representatives of other parties has been most favourable. I have yet to have discussions with the Premier, the Attorney-General and the Leader of the Opposition in Western Australia. Today I was in touch with the Attorney-General of Western Australia by telephone, and am making arrangements to visit that State and see the honorable gentleman and the Premier; I shall then take the opportunity of conferring with the Leader of the Opposition in that State.

SOCIAL WELFARE. Mr. BORNSTEIN (Brunswick East).

-Will the Minister for Social Welfare inform the House whether certain municipalities which employ their own social welfare officers have been denied the facilities of the Social Welfare Department's family counselling section because of a direction issued by the former Director-General of Social Welfare? Is this contrary to section 5 of the Social Welfare Act which stresses the need for the existence of a partnership, in social welfare matters, between all levels of Government and, if so, will the Minister consider countermanding this directive?

Mr. I. W. SMITH (Minister for Social Welfare) .-1 know of no such directive by the former DirectorGeneral of Social Welfare. If the honorable member can quote an instance, I shall examine it, but this is the first time that this has been drawn to my attention. However,. if a problem exists I shall examine and try to overcome it.

ETHANE PIPELINE. Mr. FLOYD (Williamstown).

In view of the fact that the Minister for Fuel and Power is adamant that

he is going to proceed with the ethane pipeline across Port Phillip Bay despite the fact that a report from the Fisheries and Wildlife Branch is not yet to hand, and as the honorable gentleman considers that it is not necessary to obtain that report before he proceeds with the establishment of the pipeline, what justification is there for spending $250,000 of the State Electricity Commission's money in investigating the bay on its own behalf to ascertain if heated water affects the ecology and general condition of the bay before receiving the report of the Fisheries and Wildlife Branch, which it is understood may take a further eighteen months or two years?

Mr. BALFOUR (Minister for Fuel and Power).-The honorable member's question refers to two unrelated subjects. As I endeavoured to explain to him on the motion for the adjournment of the House last Wednesday, the investigations of the Fisheries and Wildlife Branch into the ecology of Port Phillip Bay have been going on for some time. As honorable members are aware, for many years the State Electricity Commission has operated a power station at Newport and until recently was bringing cold water in from the bay and discharging warm water into the Yarra River. Some time ago that system was changed and now cold water is brought in from the deep bed of the Yarra River. When the new station is built the warm water will be taken out by means of a training wall into the bay. The State Electricity Commission has agreed to give to the Fisheries and Wildlife Branch a sum of $250,000 to help it in its investigations and to ascertain just how its systems are working.

COMMONWEALTH HOSTELS IN HEIDELBERG.

Mr. KIRKWOOD (Preston).-I ask the Minister of Housing: Now that Commonwealth Hostels Ltd. has vacated its property in Water Road, East Preston, what planning is envisaged for this area by the Housing Commission?


Mr. MEAGHER (Minister of Housing) .-The area in question will be the subject of discussions between the Commonwealth and the Housing Commission-in fact, it is the subject of discussions between them as to the exact date on which the Commonwealth will vacate these proper~ ties. As soon as the exact programme is known it will be possible to formulate plans for the future use of the property.

ALLEGATIONS AGAINST POLICE OFFICERS.

Mr. HOLDING (Leader of the Opposition) .-Since the commencement of the Kaye inquiry, has the Chief Secretary or his predecessor had to order any and, if so, what internal inquiries within the Police Force following allegations of improper practice on the part of senior officers of the Police Force?

Mr. HAMER (Chief Secretary).As I have already announced, certain investigations were made as a result of the Kaye report because of mention made in that report of certain officers but against whom no suggestions were made of any criminal conduct. Those investigations were carried out by senior officers of the Victoria Police. They were reviewed by the Acting Chief Commissioner and the legal assistant, and later by the SolicitorGeneral. In all cases no grounds were found for disciplinary action. These are the only inquiries which have been made as a result of the Kaye report-indeed, they are the only ones which could have been made.

Mr. HOLDING (Leader of the Opposition) .-Does it follow from the Chief Secretary's answer to the previous question that, therefore, there have been no allegations made within the Police Force of improper practices which he would regard as worthy of any form of internal inquiry?

Mr. HAMER (Chief Secretary).Not to my knowledge. I have not encountered any suggestions or allegations other than those contained in the Kaye report.

PETITIONS. SALE OF ALCOHOLIC DRINKS.

Mrs. GOBLE (Mitcham) presented a petition from certain citizens of the State of Victoria praying that legislation be enacted to require the sale of drinks with an alcoholic content to be made only from licensed premises. She stated that the petition was respectfully worded, in order, and bore 504 signatures.

It was ordered that the petition be laid on the table.

Mr. A. W. TAYLOR (Balwyn) presented a petition from certain citizens of the State of Victoria praying that legislation be enacted to require the sale of drinks with an alcoholic content to be made only from licensed premises. He stated that the petition was respectfully worded, in order, and bore 27 signatures.


TEACHING SERVICE. REPORT OF BOARD OF INQUIRY.

Mr. THOMPSON (Minister of Education) presented, by command of His Excellency the Governor, the report of the board of inquiry into certain aspects of the State Teaching Service.

I t was ordered that the report be laid on the table, and be printed.

CO-OPERATIVE HOUSING SOCIETIES (INDEMNITIES) BILL.

Mr. MEAGHER (Minister of Housing) presented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purpose of a Bill to increase the aggregate liability for the granting of indemnities under the Co-operative Housing Societies Act 1958.

State Electricity Commission [7 SEPTEMBER, 1971.] (Newport Power Station) Bill. 205


On the motion of Mr. MEAGHER (Minister of Housing), the Bill was brought in and read a first time.

PARLIAMENTARY COMMISSIONER (OMBUDSMAN) BILL.

Mr. WILKES (Northcote) moved for leave to bring in a Bill to make provision for the appointment and functions of a Parliamentary Commissioner (Ombudsman) and for purposes connected therewith.



THE CONSTITUTION ACT AMENDMENT (REDUCTION OF

VOTING AGE) BILL. Mr. WILKES (Northcote) moved

for leave to bring in a Bill to amend The Constitution Act Amendment Act 1958 and for other purposes.


first time.

FAMILY COURTS BILL. Mr. WILKES (Northcote) moved

for leave to bring in a Bill to make provision for the establishment of certain Magistrates Courts as family courts for the better determination of disputes or matters affecting family life, to vest family courts with certain jurisdiction and powers, and for purposes connected therewith.


first time.

STATE ELECTRICITY COMMISSION (NEWPORT POWER

STATION) BILL. Mr. BALFOUR (Minister for Fuel

and Power) .-1 move-That this Bill be now read a second time.

Its purpose is to approve as an undertaking within the meaning of subsection (1) of section 3 of the State

Electricity Commission Act the construction of a steam power station at the site of the existing Newport power station adjacent to the mouth of the Yarra River. The station, which will have an installed capacity of up to 1,000 MW comprising two generating units of up to 500 MW each, will be fuelled by natural gas; however, there will be provision for oil to be used when gas is not available in the quantities required.

The State Electricity Commission has submitted to me a comprehensive report dated 27th May, 1971, describing the features of the new power station and the part it will play in the development of the State's generating system. By order of the Governor the report was tabled in this House today and copies will be available in the Papers Room. If honorable members refer to this report they will be able to gain most of the detail about the station, but in the course of this speech there are a few matters on which 1 feel 1 should elaborate.

1 have also arranged-through the courtesy of Mr. President and Mr. Speaker-for the commission to place a model of the proposed new power station and a number of display panels in Queen's Hall to help members gain an appreciation of how this undertaking will fit into the local environment.

The Bill itself is quite brief and straightforward. Clause 1 is the usual introductory clause. Clause 2 provides for the approval of the Newport undertaking in accordance with the procedures laid down in the State Electricity Commission Act. Under the terms of the principal Act this undertaking could have been approved by the Governor in Council, but 1 believe this is to be a project of such importance that before the commission proceeds it should have the approval of this Parliament.

Clause 3 sets out the estimate of the capital cost of the power station completed to 1,000 MW capacity, which is $145 million based on 1971 price levels.

206 State Electricity Commission. [ASSEMBLY.] (Newport Power Station) BilJ.

Honorable members are only too well aware of the essential role which electricity plays in the progress of the modem community. In every walk of life we are continually finding more uses for electricity and so the demand upon the generating system is constantly growing. It is well recognized today that electrical development is synonymous with progress. In fact, the rate of increase in electricity demand provides a yardstick of national prosperity. Those countries of the world which are able to spend large sums on electrical development are making the greatest progress in national and economic welfare. Many of the more advanced countries of the world have a greater us~ of electricity per head of populatIon than Australia, but there is no evidence anywhere that the uses to which electricity might be put are reaching their limit. Even in countries where the use of electricity per head of population is about two or three times that of Victoria, the demand for electricity continues to grow.

The only real variable in the whole situation is the rate of growth. As the commission points out in its report, for much of its history the demand for electricity from the State's generating resources has increased at an average rate of about 8 per cent per annum, corresponding to a doubling time of about nine years.

I firmly believe that the favourable position of Victoria today is due in no small measure to the foresight of our legislators 50 years ago when they laid the foundation for a coordinated electricity supply system and gave the State Electricity Commission a charter to develop the resources of this State with full regard to the need for a cheap and plentiful supply of electric power. Our task is to see that this development is maintained to a standard which will ensure the economic well-being of this State in the future. Greater use of electricit~ wi.H lead to an i~proved quality of hfe m the communIty. Being such a versatile form of energy it can

Mr. Balfour.

economically provide all fuel needs of consumers safely and effectively without deleterious effects on the environment.

Early last year the commission engaged Commonwealth Services Incorpora ted of New York to advise it on marketing programmes aimed at increasing sales and profitability through increased and more selective marketing. These studies showed tha t through an increased marketing effort which would be both feasible and profitable, the commission could control the rate of growth of maximum demand to about 7 per cent per annum while achieving an electricity sales growth of at least 8 per cent. This is being done by directing sales promotion towards the use of electrical appliances and equipment that will provide great satisfaction to consumers yet will stimulate growth during the hours of the day and the seasons of the year when there would be otherwise unused generating capacity capable of producing additional energy. Off-peak storage hot water and the new heat bank storage space heaters are examples of such application of electricity.

As members are well aware, the demand for electricity fluctuates throughout the day and from day to day throughout the year. Electricity cannot be stored and generating plant must be available to meet the maximum demand imposed upon the system. Some reserve capacity must be maintained in an electricity system to provide for all kinds of abnormal circumstances, such as a breakdown of plant, high loads which could arise from unexpected developments or extreme weather conditions. Also, it is usual that some operational difficulties are experienced with new major plant in its initial period of service.

It is estimated that by 1974, when the Yallourn W power station is completed, the maximum demand will reach 3,405 MW. The total plant capacity by then will be 4,520 MW and it should not be necessary to install any further plant to meet the


1975 load but, to cover the expected growth in maximum demand over the following three years to 1978, the commission will have to install a further 1,000 MW of generating plant.

The demand for electricity may be divided broadly into three main categories. There is the base load which is the part which is relatively constant throughout the 24 hours of the day, and at the other extreme there is the peak load which occurs only for short periods in the morning and evening. In between there is an intermediate load which is relatively constant throughout week days and evenings and tapers off overnight and at week-ends.

Generating plant to supply the base load should have available to it low cost fuel and in Victoria this base load plant has for many years been fuelled by brown coal. Even though the capital cost of the brown coal burning stations is high by comparison with other types of plant, for the sustained base load this higher first cost can be offset if there is a low running cost. The peak load is highly variable and consequently needs to be supplied by plant which can be brought up to full load quickly and, similarly, remov.oo from load quickly. In, Victoria this load is met primarily by the hydro stations at Kiewa and Eildon and the State's entitlement from the Snowy Mountains scheme.

During the past twenty years the installation of plant to supply the Victorian system has been confined to two types-brown coal base load plant and peak load hydro plant. The construction of the Snowy Mountains scheme, which is now approaching completion, will provide 1,059 MW of power to Victoria, and this will provide sufficient peak capacity for several years ahead.

During the period we are considering for the installation of Newport plant-that is, from 1976 to 1978-the commission's system will be adequately supplied with base load and

peak load plant, and the plant which should be installed in this period preferably should be designed for the purpose of meeting the intermediate load. In supplying the intermediate load it is preferable to use plant which has a relatively low capital cost, particularly \vhen the fuel cost may be a little higher than for base load plant.

At the present time the intermediate loading is being met by the older plant at Yallourn-the C, D and E power stations-the continuous base load by the newer and more economical plants at Hazelwood and in future years by Yalloum W. Ideally, Yallourn C, D and E stations should revert to the designed role of meeting the more sustained type of base load operation. The discovery of natural gas in Victoria has opened up possibilities for using plant designed to consume this fuel and specially suited for the particular needs of intermediate loading.

As mentioned, at present the Victorian system does not have sufficient plant which is readily adaptable to a range of duties varying from peak to base. During the 1950s the older thermal plant at Newport could, and did serve this purpose. With the necessary retirement of the older sections of the station, the remaining plant is such a small part of the system that it could not make a significant contribution to this segment of the load and is best reserved for peak duty. The new plant proposed to be installed at Newport is capable of supplying the intermediate type of loading effectively and economically. Its range of loading requirements may vary from peaking in some years to near base condition in others.

As indicated in the report, I have allotted O. 8 million million cubic feet of natural gas for power generation over a twenty-year period. This quantity is ample for a 1,000 MW station for its first twenty years of operation at intermediate load. I expect no difficulty in making a further allotment beyond the twenty-year period

208 State Electricity Commission [ASSEMBLY.] (Newport Power Station) Bill.

of 0·4 million million cubic feet to provide for the estimated 30-year life of the station. The commission has concluded a satisfactory arrangement with Esso-Hematite for the supply of gas at Longford at terms which will permit the station to operate economically over a wide range of duty. The commission will arrange agreements with the Gas and Fuel Corporation and the Colonial Gas Company for the transportation of gas to the station.

It is not economic to install new brown coal units of the same size and to undertake the same duty as the new Newport power station. The capital cost for a brown coal station of 1,000 MW in the Latrobe Valley would be $85 million greater than that which will be outlaid for the Newport plant. But quite apart from the financial disadvantages, brown coal plant would not readily be able to carry out the functions envisaged for Newport. Because of the high moisture content of brown coal, very large brown coal boilers are not easily run up and down in steam output in the way envisaged for the Newport boilers and there are problems with stable combustion when running at light load. It is not expected that Newport will run at quarter load without difficulty but a boiler designed to burn raw brown coal could run on quarter load only with auxiliary firing by burning briquettes or oil and this, of course, would increase operating costs.

The cost of building up the Yallourn C, D and E stations to base load operation is quite small because all the coal plant is already available to service the boilers and the added cost is mainly in building up the station manning to three shifts seven days a week.

For more than twenty years all additions to the State generating system have been remote from the metropolitan area, which is the main load centre of the State, and consequently the operation of the system relies

Mr. Balfour.

very heavily on an expensive transmission system. Thus, the construction of a large power station near Melbourne will avoid substantial expenditure on the transmission system.

The commission has made an extensive study of the possible effects on the environment of a power station of this size burning natural gas. For many years the commission has taken the initiative in its protection of the environment, whether in controlling power station emission, the abatement of noise or in harmonizing with their surroundings, and it has endeavoured to keep ahead of public opinion in this matter. Electricity is, of course, the only fuel that releases no products of combustion at the point of usage where pollution of the environment is most difficult to control.

In designing this station, the commission will incorporate all the elements of protection that it believes will be needed now or in the future. Statutory requirements have been introduced in the public interest which require all industry to conform to rigid standards not only when plants are first built but throughout their life, and the commission supports these requirements.

For many years the commission has designed all of its new plant to control emission to a standard more rigorous than that set down in any statutory requirement. In the recently completed Hazelwood power station electrostatic preCipitators costing more than $8 million, together with the station's tall chimneys, ensure that the atmosphere in the vicinity is not affected to the detriment of the community. Only last month the commission placed a contract of nearly $2 million for the installation of electrostatic precipitators on the older Yallourn E power station.

For many years the commission has been represented on the State Clean Air Committee and also is represented on the recently established Environment Protection Council by its

State Electricity Commission [7 SEPTEMBER, 1971. ] (Newport Power Station) Bill. 209

Chief Engineer, Planning and Investigations, Mr. R. W. Urie. Over the years the commission has accumulated a great deal of expert knowledge on boiler emission into the atmosphere. Plans for the Newport station have been discussed with experts in Australia and overseas and the authorities consulted have confirmed the opinion of the commission's engineers and scientists that its operations should have no deleterious effect on the environment. The new station will incorporate a chimney 600-ft. high, although a chimney half this height would meet existing clean air requirements for a station fuelled by natural gas.

H is important that the question of ~sing .the atmosphere should be put mto Its proper perspective. The atmosphere is a resource available to mankind like all other natural resources and the real question is not whether the atmosphere should or should not be used but how we should use it to the 'best advantage of the community as a whole. In essence, it should be used but not abused.

A!l the gases produced in burning fOSSIl fuel are produced in nature and the t~tal C!f all the g~ses produced by mankmd IS only a mmute fraction of tha t produced by na ture. It is when these gases are concentrated into localities that they can become a n.uisaryce. To draw an analogy. the SItuatIOn may be likened to burning a fuel heater in a room. If the room is tightly closed the air becomes stuffy and uncomfortable, perhaps there are unpleasant smells, and in extreme situations the air becomes dangerous to breathe. On the other hand if the room is well ventilated, it 'simply becomes comfortably warm without danger to the occupants of the room. From this point of vipw. happily Melbourne is a well ventilated city.

The commission is satisfied that with the design it is proposing for the Newport power station all gases emitted from the chimney stack will be dispersed well clear of people on the ground and even those gases

which do return to the earth will be so diluted that they will not have any effect whatever on the community.

One of the essential elements for a thermal power station is an ample supply of water for condenser cooling purposes. The condenser water cooling arrangements for the new station will involve drawing cold water from the lower levels of the deep-water channels in the Yarra River mouth and discharging the warm water into the western area of Hobson's Bay. To prevent a recirculation of the warm water through the system the intake and discharge areas will be separated by a long training wall extending into Hobson's Bay. The specification covering the design of the steam plant limits the increase in temperature of the cooling water to 15 degrees Fahrenheit-8 degrees Centigrade--on leaving the station.

After discharge into the bay the temperature of the cooling water will be quite rapidly reduced by loss of heat to the atmosphere and by being mixed with other water near the outlet. It will then spread out as a broad surface plume with further dispersal of the warm water into the very large volume of water in the bay and dissipation to the atmosphere . The commission already has car

ned out a comprehensive programme of collecting data on the physical conditions governing the dispersal of cooling water, including water temperature, densities and salinities in Hobson's Bay and the Yarra Ri~er. Meteorological conditions, tidal flows and effects, together with river flood discharges, have also been reported and st~di~d. A series of. tests using the eXlstmg power statIon cooling water system modified to the same arrangement proposed for the new project have confirmed the commission's predictions on the pattern which the warm water discharge into the bay will follow. The results of these tests, covering a wide pattern of temperature recording and newly


developed techniques of aerial infrared photography, have indicated a satisfactory warm water plume dispersal.

As ,a further safeguard to the marine environment and to ensure that the ecology of Hobson's Bay is maintained, the commission has arranged with the Fisheries and Wildlife Branch for a joint study of the marine life to be carried out in this area. The survey and investigation of the marine biology of Port Phillip Bay, which that branch has been conducting for some years, will be extended to cover in detail the Hobson's Bay area so that the conditions required to preserve the marine environment will be accurately known and provided for in the station design. As an added aid, to achieve the best possible design, the commission is conducting an hydraulic model study in conjunction with the water research laboratory of the University of New South Wales, which is one of the country's leading hydraulic research establishments. The commission is contributing some $250,000 over the next three years towards the cost of three special investigations and studies.

The commission has assured me that if these studies or subsequent operation of the station show that there is any likelihood whatever of some unexpected harmful effects it can and will take immediate remedial action.

The commission is mindful of the effect the station might have on people living close by and on the municipality of Williamstown as a whole and has paid particular attention to the layout, design, constructionand operation of the station. Sound levels will be very well controlled. Equipment such as transformers and fans will be contained in special sound dampening enclosures and the turbine room will be constructed with soundabsorbent walls. Silencers will be incorporated on steam outlets and any steam discharge will be directed away from residential areas, the

Mr. Balfour.

boiler house being on the side of the power station remote from these areas.

Honorable members will be able to see from illustrations of the new power station and from the model which has been prepared that the commission has given particular attention to the appearance of the station. The latest features have been incorporated and the station is totally enclosed, including the 220,000 volt switch-gear. The surrounds of the station will be visually pleasing to nearby residents. Trees and shrubs will be planted along Douglas Parade and all buildings will be set well back from public roads. The landscaped areas will be well established by the time the power station is completed. The commission will start work on this part of the project very soon.

Mr. DouBE.-Can it be assumed that these turbines will be silent and will not be heard by residents of Port Melbourne, Albert Park or WiHiamstown?

Mr. BALFOUR.-Thev will not be heard; or, there is little likelihood tha t they will be.

The commission realizes how important it is that it should co-operate fully with the local community in planning this power station in a way in which it wiH be an asset to the municipality.

The commission's architects have developed a scheme for beautifying the Hobson's Bay area immediately south of the power station so that it will become an attractive waterfront which can be enjoyed by the public. 1ihe commission already has had discussions with the Williamstown' City Council, and together they have formed a liaison committee comprising the following people: -Representatives of the Williamstown City Council-Cr. J. 'M. Byron, J. P., Cr. R. Davies, J. P., Cr. H. B. Whittaker, J. P., Cr. D. J. McDonald, R. D., Mr. J. E. Morley, J.P., Town Clerk and Manager, Mr. J. T. Rees, City Engineer, and Mr. R. B. Kimber, City

State Electricity Commission [7 SEPTEMBER, 1971.] (Newport Power Station) BilJ.. 211

Electrical Engineer; representatives of the State Electricity Commission -Mr. R. L. Urie, Chief Civil Engineer, Mr. T. R. Chibber, Chief Architect, Mr. P. Ashmead, Construction Engineer, Power, Mr. J. C. Savige, Power Station Superintendent, and Mr. K. A. Howard, Hydroelectric Investigations Engineer.

Naturally, the committee's most important duties will be performed during the construction period of the power station, but it is intended that it should continue to function after the power station is in operation so that the co-operation which already has been started will continue throughout the life of the station. The committee already has had its first meeting and promises to be an outstanding example of the kind of co-operation that can exist between instrumentalities and local government.

The commission a'Iso will be discussing its plans with other Government bodies which are interested in the project and its impact on the community, and already is in oontact with the Melbourne Harbor Trust, whose land abuts the Newport site and the Clean Air Section of the Department of Health.

The Newport project which Parliament is now asked to approve is the culmination of one segment of the continuous process of planning which goes on in the State Electricity Commission. The continuous growth of the electricity system means continued planning of new plant to meet that growth and at the same time to replace plant which has become obsolete or has seen out its useful life.

Predicting the future in any field is fraught with difficuHies, and certainly there are special complexities in planning an electricity system with its commitment to' very large scale capital expenditure. The pattern of load growth may change, and inevitably there will be technological improvements in plant and equipment and, of course, comparative costs and prices are constantly on the move.

Not only must a certain quantity of plant be provided to meet the load at any given time, as I have explained, but there must be a balance so that the needs of base, intermediate and peak loads will be met in a way that is most economical to the consumers of electricity in Victoria.

In the light of present knowledge, future requirements of peak load on the system probably can best be handled by a combination of pumped storage hydro and gas turbine plant. Gas turbines can be installed quite quickly and in relatively small sizes and, consequently, can be readily fitted into the planning programme. A pumped storage installation is likely to be more of a long-term project with a series of generating units installed over a period of several years. At the present time it seems that its needs for peak plant are met until towards the end of this decade, and cons&quently it will not be necessary to make any early decision on this form of plant.

For intermediate load, for reasons which have already been explained earlier in the speech and in the commission's report on the Newport project, gas or oil are attractive fuels. Plant fired by them is flexible in operation and can economically meet a variety of load situations. Following the substantial installations in the Newport project, there probably will not be any need to consider further plant to meet intermediate loads for some years to come.

The base load forms the greater part of the system capacity-something of the :order of 60 to 70 per cent-and consequently attracts by far the greatest attention of the commission's planners. As I mentioned earlier, for many years there was only one form of fuel in Victoria which was appropriate for base load generation, and that was raw brown coal. Brown coal power stations have a very high capital cost, and with their associated coal winning activities form a labour intensive industry which is highly sensitive to escalating salaries and wages and, unfortunately,


is prone to industrial disputes. This is one of the things which the commission always has to take into account when considering a brown coal installation. Gas and oil plants have the advantage that once the capital expenditure has been outlaid the operating costs remain relatively uniform because it usually is possible to negotiate a long-term gas or oil contract and relatively few employees are needed to run the station. At Newport, for example, the total complement for a 1,000 MW station including maintenance employees is expected to be only of the order of 90 to 100. Consequently, operating costs do not vary over the Hfe of the station to anywhere near the same extent that they do for brown coal plant.

Another alternative is nuclear plant, which appears to be a competitor for conventional types of fuel in the larger unit sizes. Commission engineers participated in the assessment of the Jervis Bay project of the Australian Atomic Energy Commission, and even though the project is not proceeding, the exercise has provided some extremely valuable experience. This experience has helped to confirm information available to the commission from overseas, so that it is in a better position to analyse the benefits of nuclear plant as compared with conventional thermal plant.

In its report the commission indicated that additional generating capacity for base load operation would be needed about 1979 or 1980 and that studies on possible base load projects were proceeding. These studies have advanced to the stage where, on present knowledge, the next base load plant is planned to be based on brown coal fuel. One question that remains to be answered is just where this plant will be located. Alternatives are a station based on one of the existing open cuts at Yallourn or Morwell, or one at a completely new location on a new open cut development at Loy Yang.

Mr. Balfour.

The commission previously had publicized the possibility of developing the Loy Yang brown coal deposits for future power generation requirements and, although a decision will not be taken for some twelve months or so on the next base load generation to ensure that its planning is not limited, it has already taken steps to alleviate any hardship which might be incurred by landowners in the area who will possibly be affected by the commission's activities if Loy Yang should be selected.

To assist property owners in advance of a final decision, the commission obtained Government approval to advise all owners whose land would be required within the first five years of this development that it would be prepared to negotiate with them for the purchase of their land. The commission already has purchased the properties of some owners who could be affected in the first two years of any Loy Yang development, and it has opened negotiations with other landowners outside this immediate area who, by reason of hardship, may need to leave the district and who have been unable to sell their properties on the open market.

The extensions of the generating system which I have already discussed cover the needs of the State for the next decade, but the commission must face the prospect of installing something like an additional 6,000 MW of generating plant during the 1980s. Because it takes upwards of six years to build a power station, the next installation beyond 1980 needs to be developed somewhere about the middle of this decade. When we speak of 6,000 MW of generating plant we have to think of the very large amount of. money that is involved. Generating plant costs from $150,000 to $250,000 a megawatt depending upon what type of plant might be installed, and this means that during the 1980s the commission is faced with spending between $900 million and $1,500 million on generating plant alone.

Films [7 SEPTEMBER, 1971.] Bill. 213

When one thinks in these terms it requires little imagination to see that any decision that might be taken must be the right one and consequently that there is a need to defer all decisions until as late as possible to make sure that they are based on the best and latest information available.

In the last few minutes I have perhaps over-simplified what is really a very complicated subject, but I trust I have given honorable members an idea of the kind of problems which face the commission in its planning and the way in which it approaches them. The commission's planners must always keep their eyes on a broad spectrum although, of course, with the passage of time, the outlook on any particular project tends to narrow. I have asked the commission, and it has readily agreed, to take every opportunity of informing honorable members and the public of the way in which its plans are developing, so that the people of Victoria may have an opportunity of appreciating how this immense State asset is being applied to the benefit of the community. In commending the Bill to the House, I wish to advise honorable members that officers of the State Electricity Commission will be available to give them assistance concerning any technical matters about which they wish to be advised.

Mr. WILTON (B~oadmeadows).I move-


I take this opportunity of thanking the Minister for his consideration in making arrangements last week which enabled me to have preliminary discussions with the commission officers who have been involved in this project.


FILMS BILL. Mr. HAMER (Chief Secretary).


The purpose of this Bill is to revise and consolidate the law relating to cinematograph films which at present appears as Part II. of the Theatres Act, and to introduce a new system of classification of films-in particular, what is colloquially known as the "R" certificate. In its basic philosophy the Bill goes further. It represents a new approach to film censorship in Australia, derived from the belief that adults should be capable of making up their own minds what kind of films they wish to see, if they are given reasonable indication of their nature.

Against such a background the role of the film censor becomes increasingly that of an adviser to adult audiences, using his classification of each film as a guide. Under the present system, the censor must continually bear in mind that ,the films which he approves may be freely seen by audiences of all ages, and accordingly he is obliged to order deletions of portions which in his judgment are unsuitable for immature or impressionable minds. In the twelve months ended 31st July, 1970, only 30 per cent of feature films approved by the censor were classified as suitable for general exhibition. Under the system proposed in this Bill, he will be able to give a " restricted" classification to a film, which will ensure the exclusion of children under eighteen years of age, and so will feel much more free to allow those films, or those portions of films, which he adjudges as fit only for adults, and which at present he cannot approve.

In principle, the idea of censorship is obnoxious as an invasion of personal freedom of choice; in practice, it is necessary to prevent the lowering of community standards by the exploitation of the baser instincts of mankind, especially among the young and most impressionable.

214 Films. [ASSEMBLY.] Bill ..

This whole subject is excellently covered in a Report on Censorship 1970 by the Social Questions Committee of the Anglican Diocese of Melbourne. It points out that the problem of censorship is essentially a question of individual liberty; thatbelief in individual liber.ty .is 'a basic tenet of a democratic society, and is equally a fundamental Christian belief;

but, because individuals live together in communities, a society needs the power-to protect those in the community who need protection and to protect itself from anything which it considers harmful.

In short, therefore, all censorship must be clearly justified in the public interest.

The committee thought that only two such justifications were really valid-

1. That censorship "contributes to the prevention of anti-social behaviour which may harm others".

2. "That every person has a right not to be unreasonably offended or outraged provided that he or she was given no option to avoid being so offended". The corollary, of course, is that, if a person is forewarned that a book, play or film is likely to offend him, but still voluntarily chooses to read or watch it, then he is merely exercising his free choice.

According to the committee, there was little available evidence at present on the relationship between erotic literature, film and plays, and behaviour, but much clearer evidence of the adverse stimulating effect of violence and horror, especially among children. I have described this report at some length, because the whole philosophy behind this Bill rests upon similar ideas. .

There is clear indication that most people in the community recognize the need for some degree of control over the contents of films being offered for public display; but, equally, most people would like to see that control kept within strict bounds of what is reasonably necessary in the public interest.

Mr. Hamer.

This is borne out by a poll of patrons of Hobart cinemas taken in November last year by the Tasmanian Censorship Committee, which includes the Roman Catholic Archbishop of Hobart, the secretary of the Baptist Union of Tasmania, and the president of the Australian Council for Children's Films and Television. The question asked was whether the patrons were in favour of an "R" classification for films. The answers were 81 per cent for, and only 16 per cent against. A recent poll here of patrons of a number of hard-top and drive-in theatres by Village Drive-In Theatres Ltd. produced almost . exactly similar results.

This Bill, therefore, adopts that general principle, and the two main restraints on total freedom then become-

1. The censor, by the use of the " restricted" classification, will seek to ensure that unsuitable films are not made freely available to children.

2. The censor will continue to ban " hard-core" obscenity. This concept is not easy to define, and is obviously subject to change in accordance with the prevailing moral standards of the community. But, generally, it will embrace material which features excessive violence or undue emphasis on sex.

Perhaps the most comprehensive attempt at definition was made by the Supreme Court of the United States of America in 1957 in the famous case of Roth v. United States in which it laid down the rule that sexual expression was not to be censored unless it met three tests-

1. That the material is utterly without redeeming social importance;

2. that the dominant theme of the material taken as a whole appeals to prurient interest; and

3. that the material is patently offensive because it affronts contemporary community standards.


In later cases, the court has made it clear that what censorship is really aimed at is the sordid business of direct pandering for gain to man's lowest instincts by pornography. For this kind of restriction at least, there is widespread public support. The reference to "contemporary community standards" is significant, because it is obvious that the principal task of any censor is to interpret and apply just those standards-not his own. It is also clear that those standards may well change from time to time, just as community attitudes to sex, violence, horror, deviant behaviour, and so on, have fluctuated quite violently over the past few hundred years.

Part II. of the Theatres Act 1958 was amended by the Theatres (Amendment) Act 1969, which resulted from a conference of Commonwealth and State Ministers in Hobart which agreed on a uniform system of film classification. The three classifications introduced by that Act were-

(a) for general exhibition,

(b) not recommended for children, and

(c) for adults only.

The introduction of the "R" certificate was discussed by the responsible Ministers in Sydney in October, 1970, when it was agreed that the legislation of the States and the Commonwealth should provide for such a certificate.

The current situation is that Ministers have agreed, as a result of conferences and subsequent correspondence, to recommend to their Governments the adoption of the following classifications which it is intended will apply uniformly throughout Australia: -


(b) not recommended for children,

(c) for mature audiences, and

(d) . for restricted exhibition.

The classifications recommended by the Ministers in Sydney are incorporated in clause 13 of the Bill. The symbols for these classifications, which will be prescribed by regulation, are: "For general exhibition", the letter "G" in a triangle; "Not recommended for children", the letters "NRC" in a rectangle; "For mature audiences", the letter" M " in a circle; and "For restricted exhibition", the letter " R" in a diamond.

The first three classifications are advisory. Entry to a theatre screening a film with any of these classifications will be at the discretion of the individual patron or parent. These three classifications will ensure that the public is given adequate guidance as to the nature of the film being screened.

As I have said, the fourth classification-that of "For restricted exhibition "-is a new and additional classification. The conference of Ministers agreed that the new legislation should ensure. as far as possible, that persons between the ages of six and eighteen years do not attend " restricted" films.

Accordingly, sub-clause (3) of clause 13 of the Bill makes it an offence punishable by a maximum fine of $100 for an exhibitor to admit a child between the ages of six and eighteen years to a screening of a film classified" For restricted exhibition ". It will be a defence to a charge for such an offence to prove that the exhibitor, or his servant or agent, believed on reasonable grounds that the child he admitted had attained the age of eighteen years or had not attained the age of six years. A person between the age of fourteen and eighteen years who attends a screening of such a film will also be guilty of an offence. The maximum penalty for such an offence will be a fine of $20.

A further provision to facilitate the policing of the prohibition on young people attending an cc R " certificate film is that a member of

216 Films [ASSEMBLY.] Bill.

the Police Force may demand the age, name and address of any person who has been admitted to a theatre in which a film classified " For restricted exhibition" is being exhibited or is about to be exhibited, or has just been exhibited, and who he has reasonable cause to suspect has a ttained the age of six years and has not attained the age of eighteen years.

Any person who refuses to give particulars of his age, name and address, or who gives false particulars or false evidence of his name age and address, shall be guilty of an offence punishable by a maximum penalty of $20.

Mr. DOUBE.-Do you not think that there is an argument that the age for marriage should be considered the age of sufficient maturity for persons wishing to see prurient films?

Mr. HAMER.-As the honorable member for Albert Park realizes, the minimum age for marriage varies; it is eighteen years for males and sixteen years for females. When discussing this matter, the Ministers decided that eighteen years should be taken as the age of sufficient maturity for this purpose. I stress that the whole basis of the Bill is to give greater freedom. If people between the ages of sixteen and eighteen years were to be able to see these pictures, the censor might have to be more restrictive. Therefore, I suggest that it was wise that the age of eighteen years was settled upon.

Another important feature of this Bill is that it extends the right of the exhibitor to reject British films in the same manner as he can at present reject foreign films. Section 38 of the Theatres Act 1958 affords an exhibitor, notwithstanding anything contained in any contract entered into, the right of rejection of up to 25 per cent of the number of films passed by the censor and proposed to be delivered to him in terms of a

contract. However, the present right of rejection does not apply to Australian Films or to British Films.

That provision was inserted into the law in 1935 by the Cinematograph Films (Australian Quota)' Act as part of a scheme of securing the exhibition of a certain proportion of Australian films. The exception of the right to reject British films was intended to nurture the young and struggling British film industry. I am advised by the Exhibitors Association that many socalled British films today are made by American and European film producers in England solely for the purpose of getting British Board of Trade registration. Some of these films are of poor quality and would be rejected by Victorian exhibitors if they were foreign films.

The Bill also enables the exhibitor to reject any film which is classified "For restricted exhibition". The Government is of the view that irrespective of any film hiring contract it should not be possible for a distributor to force an exhibitor to accept a film so classified. An exhibitor in some cases could find a large percentage of his usual audience automatically excluded if he were compelled to accept a film classified "For restricted exhibition ".

Clause 6 empowers the Minister, any person authorized by him and any member of the Police Force, to enter a theatre to ascertain if the provisions of the Act and the regulations are being complied with. Any person obstructing or hindering him in the performance of his duty shall be guilty of an offence. A similar power is contained in the Censorship of Films Regulations but it is considered that this power should be included in the Act rather than the regulations.

Clause 27 enables the censor to issue certificates in the prescribed form for the purpose of proceedings, and provides that the certificate shall

Daylight [7 SEPTEMBER, 1971.] Saving Bill. 217

be prima facie evidence of the matter so stated in the certificate. I commend the Bill to the House.



Mr. WILKES (Northcote).-By leave, in the event of the Opposition member who will be handling this Bill being unable to proceed with the debate next Tuesday, I trust the Chief Secretary will agree to a further adjournment of the debate.

The ACTING SPEAKER (Mr. Stokes).-The Chief Secretary will take note of the honorable member's request.

DAYLIGHT SAVING BILL.



The Bill proposes to introduce daylight saving of one hour for four months next summer, from the end of October to the end of February. Daylight saving, which is a regular practice in many parts of the world, is generally regarded as a convenient way of making best use of the longer hours of daylight in the warmer months. Naturally, therefore, an extra hour of sunlight win benefit most those who pre'fer outdoor activities of many kinds, whether active or passive. It gives more time for recreation and for the arts of leisure which flourish in natural light and warmth.

Obviously daylight saving will benefit some groups in the community more than others-people engaged in long fixed hours of employment, the young people, and all those who cannot look forward to any form of

recreation until after ordinary working hours. On hot days it will m~an that more of the day's work wiH be performed earlier under somewhat cooler conditions. There may also be some road safety bonus, in that more travel will occur in daylight. It will bring advantages to those enterprises which cater or provide for outdoor activity, and correspondingly will hamper or restrict to some extent those enterprises which operate chiefly after dark. Drive-in theatres are one example in this latter category. In some rural industries daylight saving would require certain adjustments-for example in the hours for receiving grain into storages during the harvest.

GeneraHy speaking, therefore, the principal benefits of daylight saving will be felt in the urban areas of the State, in the provincial cities and country towns, and in the metropolis, especially among young people. But there will be groups who can see no personal advantage in the proposal, and others who will expect some positive disadvantage. At present all indications point to strong public support for daylight saving, but minority views are not to be lightly disregarded. For this reason daylight saving under this BiB will be restricted to one summer only, so that in Victoria, along with the other States, the proposal can be revi,ewed in t!he light of that experience, and a decision made whether it ought to be made permanent each summer.

Last year the Government decided that it would introduce summer daylight saving, provided that all four States and the Australian Capital Territory in the eastern time zone agreed, in the interests of uniformity. After discussions, however, Queens'land indicated that it was not agreeable to the proposal, and it therefore lapsed for last summer. This year, however, the Governments of Victoria and New South Wales agreed to introduce daylight saving this summer along with Tasmania, which has had it since 1967, even if Queensland still felt unable to accept it.

218 Daylight [ASSEMBLY.] Saving Bill.

Accordingly a conference of responsible Ministers from all States and the Commonwealth was convened in Me1lbourne on 16th July and the proposal was fully canvassed.

The conference agreed in general principle that the States and Territory in the eastern time zone-Victoria, New South Wales, Queensland, Tasmania and the Australian Capital Territory-should adopt daylight saving for a trial period commencing at two o'clock in the morning of Sunday, 31st October, 1971, and ceasing at two o'clock in the morning of Sunday, 27th February, 1972, these times and daY's being chosen as being those least likely to cause disruption in the everyday affairs of the community. The States of South Australia and Western Australia, Which were present at the conference without commitment, have since announced that they will follow suit. It was further agreed that consultations by Ministers would take place after February, 1972, to assess the over-all effect of daylight saving on the community and the desirability of its continuance in subsequent years.

The Bill provides for the introduction of daylight saving into Victoria for the trial period agreed upon by the conference. The Bill defines the term "standard time" to determine the datum from which the advance of time by one hour is to be made. " Summer" time" is also defined. In effect it means the period during which time will be in. advance of standard time in accordance with this Bill. It provides further that any specific or stipulated time at which or during which any act, matter or thing is required, permitted or forbidden by any Act, regulation, by-law. rule, proclamation, Order in Council or other instrum·ent shall, during the relevant period be summer time unless the contrary is expressed, provided or stipulated.

The provisions of section 80 of the Supreme Court Act declaring the mean time of the 150th meridian of longitude east of Greenwich to be

Mr. Hamer.

standard time throughout Victoria are sa ved and standard time ( "is retained for the purposes of astronomy, meteorology or navigation or the construction of any document mentioning or referring to a point of time in connection with any of those purposes. I commend the Bill to the House.

On the motion of Mr. SIMMONDS (Reservoir) , the debate was adjourned.



Mr. RAFFERTY (Minister of Labour and Industry) .-1 move-

That !this Bill be n'Ow read a second time.

This Bill to amend the Apprenticeship Act 1958 is essentially a Committee measure containing a number of provisions about different matters. There have been a number of important changes in the Victorian apprenticeship system in recent years. Honorable members will recall that during 1969 the Act was amended to provide for the appointment of the first fulltime President of the Apprenticeship Commission. Mr. A. D. Pead, a former Inspector of Technical Schools, was appointed to this position in February 1970. Later last year a number of relatively minor amendments were made to the Act to facilitate the administration of apprenticeship matters.

Quite apart from these legislative changes, there have been several important improvements in the apprenticeship system which I wish to bring to the attention of members. Perhaps the most important task of the Apprenticeship Commission is to try to ensure that there are sufficient numbers of workers trained to the required level of skills to meet the needs of industry. It became clear last year that the intake of apprentices, that is, the number of new apprentices indentured, would be considerably

Apprenticeship [7 SEPTEMBER, 1971.] (Amendment) Bill. 219

lower than in the previous year. The commission decided that to reverse this trend, apprenticeship had to be made more attractive to young people.

In the majority of apprenticeship trades the term of apprenticeship was five years-a length determined many years ago when the average age of applicants for apprenticeship was considerably less than is the case new. Moreover there have been considerable improvements in the methods of training apprentices, both in technical schools and by employers "on the job". Following discussion with those of the 43 trade committees concerned, the maximum term of apprenticeship was reduced by Governor in Council regulations on 1st October, 1970, to four years. In some trades, the term of four years may be further shortened for applicants who enter apprenticeship with educational qualifications higher than the minimum. By reducing the term, apprenticeship becomes more attractive to young people because not only are they unwilling to be tound for a period as long as five years but also because it provides them with a substantial financial benefit by way of higher wages. This important change in the conditions of apprenticeship is, no doubt, the major reason for a record intake of 8,867 apprentices for the year ending 30th June, 1971.

This year has seen the introduction, in a number of the larger apprenticeship trades, of a completely new system of technical school training. The traditional subject-based trade courses had a number of shortcomings. For example, technical schools found it difficult to accommodate persons entering apprenticeship with varying levels of educational qualifications above the minimum. There was no provision for apprentices to progress through the trade course at a rate according to their ability. Courses were rigid and could not be varied to meet the needs of either apprentices or s~ctions of industry.

Modular courses have been introduced in the motor mechanics, panel beating, boilermaking, radio, watchmaking and fitting and turning trades this year. In a subject-based course the elements of skill and knowledge comprising a trade are separated into subjects such as trade theory, trade practice, trade drawing and trade mathematics which are taught and examined separately, whereas in a modular course these elements of skill and know ledge are combined into modules of approximately 40 hours instruction. Modular courses ar e expected to provide more coherent and better instruction, improve study habits, enable progressive testing and examining, and permit flexibility; and the aim is to extend them to all apprenticeship trade courses.

These significant alterations in the apprenticeship system reflect great credit on the Apprenticeship Commission and the 43 trade committees which advise the commission. To enable the commission to continue to achieve its primary objectives of providing skilled workers for industry, the Bill embodies matters which have been the subject of unanimous recommendation by the commission. They are in three main areas. Firstly, the constitution and functions of the commission itself have been reviewed. The functions of the commission have not been altered since its establishment in 1928 and changes are desirable to cope with different social and industrial conditions. The qualifications for appointment of the president of the commission are partially changed, a further organization-the Victorian branch of the Metal Trades Industry Association-will nominate a person representing employers for appointment as a member of the commission, and the means of hearing cases involving discipline of apprentices is altered.

Secondly, there has been a review of the constitution of trade committees. Certain restrictions on the qualifications of members of trade committees have been removed. For example, it has not been possible for

220 Apprenticeship [ASSEMBLY.] (Amendment) Bill.

the commission to appoint more than one person on either side who is qualified for appointment on the grounds that he is an officer of an organized body of employers or employees in the trade. At present, trade committees can be appointed only following the proclamation of a new trade and there is therefore a delay between the proclamation of a new apprenticeship trade and the making of regulations for the trade.

The Bill allows interim trade committees to be appointed once notice of intention to proclaim a new apprenticeship trade is given and this should considerably reduce the delay.

The third main aim of the Bill is to give effect to a recommendation of the commission that there be a consolidation of the statute law on apprenticeship. Until recently there were four statutes dealing with apprenticeship matters-the Apprenticeship Act, the Labour and Industry Act, the Employers and Employes Act and the Master and Apprentice Act. The last-mentioned Act was repealed in 1969. This Bill repeals those sections of the Employers and Employes Act which relate to apprenticeship and it is proposed that a subsequent Labour and Industry (Amendment) Bill will repeal the apprenticeship provisions of the La bour and Industry Act.

Until now the Apprenticeship Commission has dealt with only proclaimed apprenticeship trades-the proclamation making the employment of unapprenticed learners prohibited thereafter. There has always been a number of apprentices in nonproclaimed trades. In order to maintain a uniform policy on apprenticeship matters and to enable the commission to provide administrative arrangements controlling the lodgment and registration of indentures, their assignment, cancellation, completion and the settlement of disputes between the parties, the Bill enables such trades to be proclaimed as

Mr. Hamer.

apprenticeship trades and the proclamation to specify that the employment of unapprenticed learners is not prohibited, that is, that apprenticeship in the trade is voluntary.

These, then, are the three main aims of the Bill. I shall now deal with each clause in tum. Clause 1 is merely formal. Clause 2 contains a number of amendments to the definitions in the principal Act. Paragraph (a) makes it clear that " employer" includes the Crown, even though the Act is already expressed to bind the Crown. Paragraph (b) repeals the definition of " improver", which will no longer appear in the Act as I will explain later. Paragraph (c) repeals the definition of "trade or occupation" while paragraph (d) inserts a new definition of "trade" which will extend the former definition so that it is clear that technician occupations are not excluded. Some hundreds of trade technicians have been and are being trained through apprenticeship.

Clause 3 deals with the appointment of members of the commission. Paragraph (a) alters the qualifications for appointment of the president of the commission so that he will be required to have " sound knowledge of industrial training" instead of " experience in industry". In the commission's view, this is more appropriate and relevant. Paragraph (b) reduces the number of nominees of the Victorian Chamber of Manufacturers by one a.nd provides for the appointment of a person to represent employers on the nomina tion of the Victorian Branch of the Metal Trades Industry Association of Australia, an organization whose members employ many thousands of apprentices.

Clause 4 permits three, instead of the usual five, members of the commission to constitute a quorum in cases where the commission exercises its disciplinary power over apprentices. When an apprentice chooses to appear personally before the commission, a full meeting of ten members would be rather frightening


and, in the commission's view, a tripartite body could more effectively and efficiently discharge this function.

Clause 5 requires that the commission's annual report, submitted to the Minister, shall be presented to Parliament. It is considered that this report is of sufficient importance to warrant its presentation to Parliament. Clause 6 is a drafting revision and simplifies the existing provision.

Clause 7 is concerned with the appointment of members and deputy chairmen of trade committees. Paragraph (a) permits public statutory corporations, as well as organizations of employers, to nominate persons for appointment as employer representatives of trade committees. Corporations such as the Victorian Railways Commissioners, the State Electricity Commission and the Gas and Fuel Corporation are among the largest employers of apprentices in the State but are at present unable to nominate persons for appointment to trade committees. Paragraph (b) removes restrictions on the qualifications of members of trade committes and enables the appointment of more than one member of either side who is not actively engaged in the trade but is an officer of an organized body of employers or employees. The commission has faced difficulties in obtaining nominations of appropriately qualified persons, particularly where there are two or more organized bodies of employers or employees concerned with a trade. Paragraph (c) inserts a normal type of provision for an acting appointment in this case when a deputy chairman of trade committees is unable to discharge his duties.

Clause 8 deals with the proclamation of trades as apprenticeship trades. One of the consequences of the proclamation of a trade as an apprenticeship trade is that it thereafter becomes illegal to employ improvers - that is, unapprenticed learners-at less than the tradesman's rate of pay. In other words, apprenticeship in that trade becomes

compulsory. The commissiO'n believes it is desirable that while all trades in which there may be apprentices should be brought within the cover of tihe Apprentieeship Act, there are some minor trades, such as jewellery and locksmithing, in which parties may wish to enter a voluntary apprenticeship and in which such a voluntary arrangement wO'uld be more suitable. This clause will therefore allow the prodamation of a trade as an apprenticeship trade to' also state whether the employment of unapprenticed learners is to be prohibited.

Clause 9 will speed the regulationmaking process for a newly proclaimed apprenticeship trade by inserting provisions to permit the appointment of interim trade committees. It is desirable that conditions of apprenticeship be determined by regulation as soon as possible after the proclamation of a trade as an apprenticeship trade. As this normally takes some months of discussion and determination, the appointment of an interim trade committee is regarded as a most appropriate means of reducing the delay.

Clause 10 revises the general powers and duties of the commission, which have not been altered since the original Act of 1927. The revised powers and duties have been recommended by the commission after reference to similar provisions in the New South Wales Apprenticeship Act of 1969 and are more appropriate in the pres'ent circumstances.

Clause 11 repeals section 25 of the principal Act, which provides that indentures of apprenticeship shall contain provisions about sick pay and payment for holidays. These are matters specifi'ed in the determinations of wages boards or awards of the Commonwealth Conciliation and Arbitration Commission and it is therefore unnecessary to retain this provision.

Clause 12 makes it clear that the commission has no power to' determine a dispute as to whether money


is due by an employer to his apprentice. Appropriate remedies in these cases are available through the ordinary courts, as provided in sections 37 and 38 of the Act.

Clause 13 replaces section 33 of the principal Act, whi1ch at present prohibits the employment of improvers, or unapprenticed learners, as I referred to them previously, in apprenticeship trades. The new provision will allow the employment of unapprenticed juniors in minor trades in cases where the parties do not wish to enter into a voluntary arrangement of apprenticeship. A provision has also been included in subsection (1) of the new section 33 to prohibit the employment of persons under 21 years of age in the compulsory apprenticeship trades except as an applicant for apprenticeship employed on probation, an apprentice or a person who has completed an apprentkeship. Similar provisions exist in other States and the commission believes they wou~d be of value in Victoria.

Clause 14 contains formal amendments with respect to what used to be called Courts of Petty Sessions.

Clause 15 deals with draft regulations which the commission prepares. Paragraph (a) empowers the commission to prepare draft regulations to require apprentices to maintain prescribed apprentice journals or log books. These journals are designed to provide improved communication and co-ordination between technical school training and practical training on the job. Paragraph (b) is included following advice by the Subordinate Legislation Committee of this Parliament that the practice of prescribing rates of wages for apprenHces by reference to other rates may not be valid, and the new provision will cure this apparent defect.

Clause 16 is also concerned with regulations which may be made under the Act. Paragraph (a) enables regulations to be made prescribing expenses as weU as f'ees to be paid to members of the commission or

Mr. Hamer.

trade committees in connection with their. attendance at meetings. . Paragraph (b) will enable the commission to i~po'Se p~na1ties on probationers, that IS, applIcants for apprenticeship employed on probation, as well as apprentices, for failing to enrol for or attend technical school classes to which they have been directed.

Clause 17 repeals certain redundant provisions of the Employers and Employes Act which relate to apprenticeship.

Throughout my second-reading speech I have referred to the recommendations of the Apprenticeship Commission. The Government has adopted all of those recommendations and I personally support them. I commend the Bill to the House.

On the motion of Mr. SIMMONDS (Reservoir), the debate was adjourned.


POLICE REGULATION (CHIEF COMMISSIONER) BILL. The debate (adjourned from

August 31) on the motion of Mr. Hamer (Chief Secretary) for the second reading of this Bill was resumed.

Mr. WILKES (Northcote).-When he introduced this Bill the Chief Secretary said it was a short one. It is; it has only three clauses. Unfortunately, it makes provision for the retirement of the present Chief Commissioner of Police, Mr. Noel Wilby. It is regrettable that the State will lose Mr. Wilby's services. He came up through the ranks of the Police Force and served in all ranks. Mr. Wilby has served the Police Force and the State well and it is regrettable that it is necessary to pass this Bill to enable him to retire on account of ill-health before he would normally retire in 1973.

The Government acknowledges that under the present Act Mr. Wilby is entitled to all the emoluments due

Police Regulation [7 SEPTEMBER, 1971.] (Chief Commissioner) Bill. 223

to him as Chief Commissioner of :Police until the time of his normal retirement in January, 1973. It was obvious from the strain that must have been placed on Mr. Wilby dur-ing his short term as Chief Commissioner that something had to be ,done to ensure that the work of the ·Chief Commissioner could be evened -out and perhaps divided among some -of the assistant commissioners to a .greater extent than it was in the past.

Doubtless if the St. Johnston report had been available to Parliament and to the Government twelve months or two years earlier, Mr. Wilby's health might not have been impaired to the ·extent that it is today, because Colonel Sir Eric St. Johnston recom'mended that additional commissioners should be appointed. The Government has implemented this recommendation, and undoubtedly the appointment of two additional assistant commissioners will make the work of the Chief Commissioner much easier in due course. This should enable the Chief Commissioner to pay more attention to detail rather than to the actual work that has been expected of him under our peculiar system in Victoria.

The Government proposes in this Bill that a Chief Commissioner should be appointed for no longer than five years. The Opposition does not disagree with the Government; other appointments in the Victorian Public Service are made for specified periods. I do not know whom the Government has in mind to appoint in place of the present Chief Commissioner.

Mr. HAMER.-It could be anyone of 50 persons.

Mr. WILKES.-If the Deputy Premier receives 50 applications for the job I shall be surprised. I hope he does, because it will mean that at least 50 people still have faith in the Victoria Police Force and believe it can be brought up to the standard and pitch recommended by Colonel Sir Eric St. Johnston. I have no doubt that it can be. After having had the privilege of examining police forces elsewhere, I am convinced that

Victoria has what it takes to produce an efficient Police Force. Victoria has some very dedica ted men in its force. Unfortunately, perhaps because of the ill health of the Chief Commissioner, from the top down the force has not been all that the Government would desire.

If the new Chief Commissioner happens to be in his 40s, there will be nothing to prevent the Government from reappointing him after his initial five-year term. If he is 60 when appointed, his services will not be retained after the expiration of five years. An appointment can be made for less than that period, but I do not imagine that the Government would consider appointing a Chief Commissioner for less than five years except for some extraordinary reason. I believe a five-year term is a good one. It will enable the Chief Commissioner to prove, not only to the Government but also to the Police Force, that he is capable of doing the job, and it should not detract in any way from the initiative or dedication of the assistant comm-issioners; posSibly it could have the opposite effect.

In one recommendation Colonel Sir Eric St. Johnston suggested that the name " Chief Commissioner" was an anachronism and that the title should be "Commissioner of Police". I notice that the Government took heed of the recommendations for the appointment of assistant commissioners but took no steps to alter the title to bring it into line with that of the head of the force in other States and in most other countries in the free world. There is a good reason for Colonel Sir Eric St. Johnston's suggestion. The title "Chief Commissioner" implies that there is more than one commissioner, whereas the deSignation " Commissioner of Police" indicates emphatically that there is only one commissioner. The Chief Secretary might consider that recommendation.

In the interests of the Police Force and of Victoria, it is essential that the Government should appoint the best man available. Unfortunately, in the

224 Police Regulation [ASSEMBL Y.] (Chief Commissioner) Bill.

past twelve months or two years, the force has suffered much bad publicity. The Kaye report, which Parliament will debate at some future date, reveals this. The findings of the Kaye report and the subsequent events that stemmed from it were also damaging to the prestige of the force. I hope that whoever the Government appO'ints, whether it be for a five-year term or less, will be fully cognizant of the task before him. One of his principal tasks will be to restore the confidence of the public in the force, because there has been a steady diminution of confidence in it by the public O'f Victoria. It is the clear duty of the new Chief Commissioner to do all in his power to remedy this.

In his report Colonel Sir Eric St. Johnston made these points about the duties of a Chief Commissioner of Police, and outlined what the public is entitled to expect from its Police Force and what the Police Force is entitled to expect from the Government and the public. The recommendations are very clear and leave no doubt in my mind that if the public is satisfied that the police acknowledge what they are entitled to, this confidence between the public and the law enforcement body will result. Unless that factor is stressed by the Chief Commissioner, confidence in the force will not easily be established in the public mind. I am sure the Chief Secretary is as much concerned as are the members of the Opposition and of the Country Party that the public shaH have confidence in the State's law enforcement body. Although there are many shortcomings in the Victoria Police Force, due perhaps not entirely to the police administration but to the fact that it has been imoossihle to recruit sufficient police-Victoria is currently short of about 1,000 policemen-the main problem that I see is the relationship that now exists between the police and the public, and the police have the mammoth task of restoring confidence in the force.

Mr. Wilkes.

Members of the Opposition offer no objection to the Bill. It protects the rights of Mr. Wilby, whom we hold in very high regard. We believe the Bill makes provision for his just entitlements until the time that he would normally retire in January, 1973, and also makes it easier for the Government to assist rather than control the new Chief Commissioner by making an appointment every five years.

If for health reasons the Chief Commissioner who is appointed under this measure is compelled to resign or retire before the expiration of his fiveyear term, he will be covered by the legiS'lative provisions that will apply to Mr. Noel Wilby. Subject to that being so, we offer no opposition to the Bill. We do not envy the Government and the Chief Secretary-especially if there are 50 applications for the job-their task in making this very important appointment of Chief Commissioner of Police.


Mr. WHITING (MiIdura).-Like the Deputy Leader of the Opposition, members of the Country Party are distressed that it has been necessary for the Government to introduce this Bill. Honorable members are aware that in the brief time that the Chief Commissioner of Police has occupied his position he has done a good job for the Victoria Police Force, and it is unfortunate that because of ill health he is unable to carryon. The honor .. able member for Northcote commented on that part of Colonel Sir Eric St. Johnston's report which recommended the appointment of two additional assistant commissioners to take some of the pressure off any future Chief Commissioner. Legislation passed by Parliament during the last sessional period made this provision and it is sincerely hoped that it will have this effect. When the top-level administration of the force is functioning as en· visaged it is hoped that the Chief Commissioner's work of administration


and attention to policy matters will be easier than it has been in the past. It is agreed that all the emoluments to which Mr. Wilby is entitled should be made available to him, and it is hoped that he will see out the remainder of his term in reasonable comfort.

The only query I wish to raise relates to the period of time provided in the Bill for the appointment of the new Chief Commissioner. The Bill states that the period shall not exceed five years. At times an appointment for a shorter period may be appropriate, and the measure in fact provides for just that contingency. The point that concerns my party is: Who is to decide the term for which the Chief Commissioner will be appointed? Whilst this matter could be better discussed in the Committee stage, I make the point now that there could be some doubt in the minds of applicants when they realize that the appointment could be for less than five years. It is hoped that such a situation will not develop, but as I read the Bill it is possible.

I raise another question. Will the Governor in Council, when making the appointment, look closely at the health of applicants and consider the long-term prospects of their health over a period of years? Because of the pressures under which the Chief Commissioner must work, the state of his health should, perhaps, be subject to closer scrutiny than it might have been in the past. This, of course, could raise certain difficulties.

Along with the Deputy Leader of the Opposition, I wonder why the recommendation of Colonel Sir Eric St. Johnston that the title of the position should be altered is not being implemented. The recommendation was that the title should be "Commissioner of Police" and that five assistant commissioners should be appointed. However, according to the terms of the Bill the title will remain" Chief Commissioner of Police ", and that will be the position unless the measure is amended.

Members of the Country Party fully support the Bill, but have some doubts about its implementation, particularly the clause relating to the term of the appointment of any future Chief Commissioner of Police.


The Bill was read a second time and committed, pro forma.

Mr. HAMER (Chief Secretary) presented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purposes of this Bill.


The House went into Committee for the consideration of this Bill.


Clause 2 (Office of Chief Commissioner to be vacant).

Mr. HAMER (Chief Secretary).I wish to comment on several points raised during the second-reading debate. Firstly, I wish to thank honorable members for their support of the Bill. The principle of the way in which it is proposed to deal with the emoluments and advantages which could flow to the present Chief Commissioner is a fair one, and I join with other honorable members who have spoken in praise of Mr. Wilby for what he has done over many years in the force. It is a matter for regret that his health does not permit him to continue, but he is satisfied with what has been done for him in this Bill and the next step is to appoint his successor.

The question of the title of the Chief Commissioner was raised. It is quite true that Colonel Sir Eric St. Johnston recommended that the future title should be simply that of Commissioner of Police. The Government has reviewed that recommendation, along with all the others, and there is a strong feeling in the force that it is not right Lo make a change at

226 Police Regulation [ASSEMBLY.] (Chief Commissioner) Bill.

this stage. It may be that if we were starting from scratch we could call him the Commissioner of Police. He is the head of the force, he has a Deputy Commissioner and assistant commissioners, and it is not proposed to change the title.

The appointment of the best available man is needed for this post. Approximately 50 applications have been received both from inside and outside the force, including some from various parts of Australia, and it will be quite a difficult task to select the man best fitted for the job. It is hoped to obtain a highly competent man and that he will be able to fulfil the task which the Deputy Leader of the Opposition quite rightly outlined -that is, to maintain, and if possible, to lift the status and standing of the Victoria Police Force in the eyes both of itself and of the public of Victoria. I think that is beginning to happen, anyway, and I am quite sure that the new man will inherit a force which is full of potential. There are some very dedicated officers in the force and the new Chief Commissioner will have support in these objectives.

Up till the present the office of Chief Commissioner has been a life appointment and what has happened now illustrates that, under certain conditions, this can be a handicap. Many high appointments under the State Government are for a period of five years, or something of that sort, and it is appropriate that the Chief Commissioner of Police should be among those appointed for a fixed term. If for any reason a shorter time is desirable, or the Government wishes to make a change, it is free to do so.

Those are the reasons why the fixed term of up to five years is provided in the Bill. It is paralleled by many other provisions in many other statutes for similar positions.


Clause 3 (Power to appoint a Chief Commissioner of Police).

Mr. Hamer.

Mr. WHITING (Mildura).-In my second-reading speech I stated that, members of the Country Party were: somewhat concerned about the wording of this clause, which states-

NotwHhstanding anything in the PoliceRegulation Act 1958 the Governor in Council may :appo-int a person to be the Chief' Commissioner of Police for such term notexceeding five years 'as he thinks fit as on 'and from such date 'as is specified in :the· appointment.

The Chief Secretary has stated that. there may be occasions when a five-year period is not desirable and that some shorter period will be provided. for.

Mr. WILKEs.-He did not say that ..

Mr. WHITING.-The Minister indicated that there could be a period of appointment shorter than fiveyears.

Mr. HAMER.-That is so.

Mr. WHITING.-This would make it rather difficult for some applicants: who, if they were sufficiently youthful not to reach the age of 65 years. before the end of the five-year' period, might consider that there was some doubt about their ability if they were appointed for only three years at the time of their original appointment. The Chief Secretary mentioned that for some reason it. might be necessary to terminate the· appointment prior to the expiration of five years. The provisions of thePolice Regulation Act contain suffi.-· cient scope for this to be done, because sub-section (1) of section 4 of the Act states that the Governor in Council may from time to time· appoint a Chief Commissioner and. may from time to time suspend,. reduce, discharge or dismiss any such Chief Commissioner. Surely that provision covers the situation envisaged by the Minister. Under those circumstances, the wording of clause 3 seems odd to me.

I appreciate that if an applicant were 62 or 63 years of age his appointment should be for less than five years, but for a person less' than


60 years of age I do not see why it is necessary to draft the clause in this manner. However, members of the Country Party trust that when such 'an appointment is to be made the Governor in Council will give serious consideration to the matter and to all possibilities that may eventuate and give some cognizance to the different terminology having in mind the provision which already exists in the Police Regulation Act. I should be grateful if the Chief Secretary could indicate to me the need for the additional stricter wording provided in this clause.

Mr. WILKES (Northcote).-Members of the Opposition have no objection to the clause as drafted. There may be circumstances in which a Government wants to make an appointment for a period less than five years or it may see fit to terminate an appointment for reasons unknown to us now but reasons which may arise from time to time during an appointment or before an appointment. For instance, if the Government in its wisdom decided to appoint Colonel Sir Eric St. Johnston, who is probably about 60 or 61 years of age, for a period of two or three years to implement the provisions of his report, I consider that it should be competent to do so without any inhibition or restriction in the Act. Therefore, members of the Opposition consider that the clause which allows the 'Government to make an appointment 'for any period between one and five years is necessary.

Mr. AMOS (Morwell).-In recent weeks I have been disturbed at certain press reports which have given the impression that the Governor in -Council may decide, in its wisdom or 'Otherwise, to go outside the Victoria Police Force for the appointment of a Chief Commissioner of Police. I remind honorable members that some time ago a former Chief Secretary indicated that there would be no need in the future to go outside the Victoria Police Force for such an appointment.

Sir HENRY BOLTE. - The Cain Government did.

Mr. AMOS.-The recommendations of the St. Johnston report deal with the reorganization of the Victoria Police Force and include a recommendation that the Governor in Council should give due consideration to the quality of the police and to their appointment.

Mr. HAMER (Chief Secretary).All I want to say about this provision is that it is intended to give reasonable flexibility to this or any other Government in the appointment of a Chief Commissioner of Police. It is impossible to say in advance what different conditions may exist which would make an appointment for less than five years desirable. It may be the age of the person appointed; it may be all sorts of reasons, but in the normal course one would expect, as with other senior appointments under the Government, that the appointment would be for five years. I give an assurance that in the normal course we would be looking for someone who would be appointed for a fiveyear period and not for short spells. But a Government of the future may not want to have its hands tied in -making an appointment.

In answer to the Deputy Leader of the Country Party, I stress that this condition applies on appointment; that is to say, it is intended that the term shall be set when the appointment is made. The provision to which the honorable member referred in the Act is one which allows an existing appointment to be terminated, falling short of the full term. It is mainly, I should think, intended for diSCiplinary, health or other such reasons. It refers to suspension, discharge or dismissal, and it is obvious that it was meant to deal with an unfortunate case where it might be necessary to step in and remove a Chief Commissioner from office. The clause we are dealing

228 Votes on [ASSEMBLY. J Account.

with allows the Government full flexibility in making an appointment for any term up to five years, this period being the expected norm.

Finally, on the question of the selection of a new Chief Commissioner there is only one guiding principle for the Government-it wants the best man available. We have, therefore, invited applications, which have come from both inside and outside the force. It will be the duty of Cabinet, in the end, to select the best man offering his services for this post. Naturally, people inside the force have certain advantages inherent in that, and that will be taken fully into account, but we want the best man for this important post.




This Bill was received from the Council and, on the motion of Mr. RAFFERTY (Minister of Labour and Industry), was read a first time.


This Bill was received from the Council and, on the motion of Mr. HAMER (Chief Secretary), was read a first time.


This Bill was received from the Council and, on the motion of Mr. DUNSTAN (Minister of Water Supply), was read a first time.

VOTES ON ACCOUNT. The House went into Committee

of Supply for the further consideration of the motion of Sir Henry Bolte (Premier and Treasurer) that a sum not exceeding $185,996,800 be

granted to Her Majesty on account for or towards defraying expenses for the year 1971-72.

Mr. HOLDING (Leader of the Opposition) .-In his speech the Treasurer indicated that this was the normal Supply Bill providing for the expenditure requirements of the departments for the months of October, November and December. There is at present on the Notice Paper a substantial Budget document which provides the principle upon which the Government has allocated various aspects of expenditure. On this occasion, Opposition members do not propose to make the Supply debate the major occasion for attacking the principles of expenditure. We will follow a course whereby individual members may, if they choose, use the Supply debate to raise particular items relating to problems they wish to bring to the attention of the Government.

During the Budget debate, which will be resumed tomorrow and will probably take up the rest of this week and part of next week, members of the Opposition will state frankly the basis upon which they believe the Government is acting on wrong principles in the provision of financial resources. Members of the Opposition will also indicate the areas of discrimination in terms of priorities of expenditure. Therefore, they will approach this Supply debate on the basis that it is not a major issue, and they will not make it an issue of confidence. The Opposition would prefer public servants to sleep securely in their beds in the knowledge that provision will be made for their salaries for the next three months. If the Government is to fall, let it fall on the prinCiples enunciated by the Premier and Treasurer in his Budget speech. That is the basis on which the Opposition will deal with this measure.



Ways and Means. [7 SEPTEMBER, 1971.] Groundwater (Amendment) Bill. 229

WAYS AND MEANS. The House went into Committee

of Ways and Means.


That, towards making good the Supply granted to Her Majesty to the service of the year 1971-72, the sum of $185,996,800 be granted out of the Consolidated Fund of Victoria.

Mr. HOLDING (Leader of the Opposition) .-1 refer formally to pay-roll tax and to the fact that members of the Opposition will elaborate their views on this matter during the Budget debate. I point out that Division 45B of the Supply schedule provides for a sum of $4,430,000 for pay-roll tax payments on account of State departments. I understand that this is largely a book-keeping entry, but at the same time whatever might be the merits of this book-keeping system and whatever information it might ultimately provide in the long term for the Government Statist, members of the Opposition strongly oppose the concept that State Government departments should pay pay-roll tax to the Government. Thus they are opposed to this item.


SUPPLY (OCTOBER TO DECEMBER) BILL.





The debate (adjourned from August 31) on the motion of Mr. Dunstan (Minister of Water Supply) for the second reading of this Bill was resumed.

Mr. FLOYD (Williamstown).I have been given the honour of debating this Bill for the Opposition because I mothered the original Bill through this House when, at long last, during the last sessional period the Government decided to take some interest in groundwater. Victoria's records in relation to surface water and streams is the envy of the world, despite the fact that it has kept these records for only 100 years. Impeccable though these records are, for many years this State took no interest in groundwater.

Other Australian States, particularly Queensland, have of necessity to take account of groundwater supplies. Victoria, with some of the best rivers in Australia, did not worry about this supply. When the principal Act, then the Groundwater Bill, was debated in this House, I contributed to the debate on behalf of the Opposition because I was interested in water supply and because I believed that at last the Government had realized that although most of the water that felI on the continent, particularly on the mountains and that which came from melting snows, ran into the rivers and flowed out to the sea, some of this water flowed underground into aquifers. The Government decided that it would have to do something about regulating-even regimenting -control of the water that came out of the ground.

The principal Act was a good measure which was refined by contributions from members of the Opposition. Because the attitude of the Government in regard to groundwater is a new departure from its usual policy, members of the Opposition are benevolent in their attitude to this Bill. The three amendments contained in this measure are of a machinery

230 Groundwater [ASSEMBLY.] (Amendment) Bill.-

nature- to which members of the Opposition do not object. Ground-water supplies must be regulated. As I pointed out in my contribution to the debate on the Groundwater Bill during the last sessional period, the people who drew water from the ground by means of windmills got only their fair share. However, the big companies that came along with their electric pumps drew more water from the ground than they were entitled to. They do not know from where they are getting the water; it could be quite a distance from where they have put down their pumps. At Nhill water was being drawn from underground but people some distance away put in electric pumps and drew the water away from the township.

The Opposition agrees with the amendments which are now before the House, and which introduce something new in relation to groundwater. If the procedure in the parent Bill is not correct, the House should make amendments to it. The Opposition believes that the amendments are progressive. The first two clauses are machinery clauses, and the third provides for a situation in which there is a large number of bores at a particular place. Instead of going through statistics and working out which bore produces the water which goes to a common outlet and whether a particular licence fee should be charged for each bore on a farm, the Bill adopts the system used by the Commonwealth Government in relation to domestic, transistor and motor car radios, namely. it groups them under one licence if they are owned by the one person.

The Opposition does not object to this measure; as a matter of fact, for once, the Opposition thinks it is not too bad. In the past, Victoria has had ample surface water, but in the future it may have to depend upon groundwater. Because of that, the Opposition regards this as a progressive step and one which makes the Bill which was passed by the Parliament a couple of years ago

Mr. Floyd.

worth while. As the late Sir Herbert Hyland would have said, "It is a worth-while Bill".

Mr. TREWIN (Benalla).-The Country Party is also delighted with the amendments contained in this measure. I agree with the honorable member for Williamstown that this is a progressive step, because it ensures that an individual whose application for a permit is refused has the right to appeal.

A great deal of interest has been taken in the subject of groundwater since the enactment of the principal Act, and I feel sure that the previous Minister of Water Supply is keenly interested in this amendment.

It is heartening to see that we are doing something constructive with an important natural resource. We know very little about groundwater and of the huge aquifers in this State. Their sources of supply are unknown, and I feel sure that this will be a matter of keen interest to our geologists and conservationists. I recently visited Central Australia and saw the great aquifer in the centre which supplies water for pastures, especially lucerne, for the feeding of cattle in the area. If we are able to make as much use of groundwater in Victoria as is made of it in Central Australia, we shall be well rewarded.

The provisions of this measure indicate that primary producers have made progress in the use of underground water, and I feel sure that the honorable member for Gippsland West will be able to inform the House concerning what is taking place in this regard at Koo-Wee-Rup.

In parts of the Murray Valley underground water irrigation systems are in operation. As the water is only 20 to 25 feet below the surface, it can be tapped and used for irrigation economically. Modern electric pumping equipment enables several bores to be linked together in one system, and this will be permitted by the addition of the words "or group of bores" after the word

Groundwater [7 SEPTEMBER, 1971.] tAmendment) Bill. 231

CC bore" as is provided in clause 4 of the Bill. It will be possible to operate a complete unit on a property provided that it is approved by the Mines Department and the State Rivers and Water Supply Commission. Part of the Groundwater Act is administered by each body. Permission must be sought from the Mines Department for the sinking of a bore, and it is necessary for the State Rivers and Water Supply Commission to ensure that there is an adequate supply of good water. The Country Party does not object to the Bill; it regards it as a progressive step in the use of the natural resources of this State.

The north-eastern part of Victoria has a great deal of water, and there are many storages in the area which prevent water from flowing into the sea during the winter. I believe that these storages should be examined to see what is their effect upon our groundwater supplies in the northern part of the State.

Mr. MACLELLAN (Gippsland West).-The area I represent includes Koo-Wee-Rup. It is an area which contains the largest number of water bores in this State and which has the largest output of underground water. Although the Minister is to be commended for introducing this Bill and the amendments it contains, I remind the House that Mr. Sam Mure of KooWee-Rup is one of the originators of this measure, because he appealed to the tribunal. He had the courage, after making this application, and having it refused, to appeal. He paid for legal representation before the tribunal, but the State Rivers and Water Supply Commission, through its legal representatives, submitted that the tribunal had no jurisdiction to hear the case. Mr. Mure's case has never been tested on its merits, because of that refusal to hear it. It was found that there was no right of appeal. This Bill corrects that mistake or that aspect of the earlier legislation, and I welcome it, as, apparently, the Opposition and the Country Party do.

It is felt tha t people should have the right of appeal in this situation, although not everybody has analysed what that could mean in relation to a conservation area. That could be a different problem, and one which, perhaps, it is not appropriate to canvass at this stage. I represent the only conservation area in the State, and there are several limitations in allowing appeals in these areas. I welcome the fact that such appeals will be allowed in the future, but I do not know that other members who have conservation areas proclaimed within their electorates will welcome this amendment.

Mr. Mure's application was for him to close a bore and put down another one. He wanted to substitute a bore on fresh land on which to grow a potato crop; and the whole difficulty arose from the fact that the State Rivers and Water Supply Commission has its views and policy that unless a property owner transfers a bore on the one title or property he is not allowed to move from one piece of land to another. Because of the attitude of the State Rivers and Water Supply Commission, Mr. Mure was, not allowed to move to a paddock he owned up the road which was' not next door to or part of the main property. This is a pattern which has' been repeated time and again in the Koo-Wee-Rup area where, originally, properties were quite small and where people's properties were distributedthat is, they might have owned a paddock here and another paddock s·ome-· where else. Large, contiguous proper-· ties are not common in the area. It appears that wealthy people who 'Own large slabs of land are tolerated by the commission so far as the moving of bores from one place to another is concerned, but in regard to others the policy of the State Rivers and Water Supply Commission is that you may not close a bore and move to another site, even though the total extraction from the aquifer may be the same. The' commission seems to apply as an analogy its policy towards diverters from rivers-that of not allowing people to move the site of diversions.

232 Governor's Speech : [ASSEMBLY.] Address-in-Reply.

The diversions are done to a timetable as the water flows downstream and if somebody moves downstrea~ from ?ne place to another, it upsets ~hat tImetable. That may be sensible In regard to a river, but is it sensible in regard to an underground aquifer where there is no such timetable or arrangement? We are fortunate in having a Minister who represents a part of the Koo-Wee-Rup swamp--or the sandy parts of it which are close to and have a great relationship to it. lt could well be the intake area for the aquifer.

Th~ Minister's knowledge of the area IS unparalleled. He has known it for many years and he knows its problems. As the one who introduced the Bill to the House and as the author of the amendment, the Minister deserves full credit. Mr. Mure deserves credit for being a man who, although not having an Anglo-Saxon name, has shown the courage of an Anglo-Saxon person. Thank goodness he had the courage to do what he did. He tested th~ law and found it wanting, and he raIsed the matter with the Government, seeking an amendment to the Act. He has lived to see the day when the amendment he sought is passed by this House. I am delighted that, at least, he will be the author of a successful amendment to the Act, even if he never gets the bore for which he applied.

I hope the State Rivers and Water Supply Commission may be inspired by the Minister to review its policy in relation to the closure of one bore and the opening of another, so that the agricultural use of land in Koo-Wee-Rup, a conservation area will not be disturbed and wili not be subject to strains and disorganization simply because, it appears, the commission has made a false analogy of the situation with diversion from rivers.


The Bill was read a second time, and passed through its remaining stages.

Mr. Maclellan.


The debate (adjourned from September 1) on the motion of Mr. C:rellin (Sandringham) for the adoptIon of an Address-in-Reply to the Governor's Speech was resumed.

Mr. WILKES (Northcote).-The debate on the motion for the adoption of an Address-in-Reply is traditionally a debate in which parties swear their allegiance to Her Majesty the Queen. It. goes without saying that the Opposition shares with the Government cmd the Country Party their allegiance to Her Majesty. It always amazes me that the Government has the gall to ask His Excellency, when opening Parliament, to apologize for its not standing up to the problems facing the State. This occasion was no exception. His Excellency graciously read a Speech, which appeared to have been prepared by some backbench member of the Government party, on what the Government proposes that Parliament should do this session. One is amazed at its inconsistencies and the absence of any policy on the major problems facing the State.

Mr. BILLING.-A back-bencher would not do that.

Mr. WILKES.-I strongly suggest to the honorable member for Heatherton that if he had written the Speech ~e would have made a better job of It than whoever wrote it for the Government. The Speech is an apology for the Government rather than proposals of what the Government intends to do or should be doing. Of course, I do not hold this against His Excellency, who is compelled to act on behalf of the Government and who did so very graciously. In his Speech, His Excellency said-

Following the amendment of the Town and 9ountry: Planning Act, statements of plannmg polIcy have been approved in respect of the conservation of the Mornington Peninsula, the protection of the Dandenong Ranges and the protection of the beautiful Yarra Valley. These statements of policy provide a broad basis for over-all 'resources and de.veloPI?ental planning by all public and pflvate mterests.


through a short distance of the Colonial Gas Association's territory. These transport arrangements have yet to be finalized.

On the subject of price, I do not propose to say anything, other than that it was most satisfactory. If one quotes figures of so much a therm a rather confusing picture is given unless the whole basis of the contract relating to the conditions of supply and so on, is provided. This is something which I hope, at a later stage, to discuss with the honorable member.

DERAILMENT OF TRAINS. Mr. W. J. LEWIS (Portland).-Is

the Minister of Transport aware that several attempts have recently been made to derail trains on the PortlandHamilton line? If the Minister is aware of this, has any action been taken? In one instance an iron rail was put on the line, and in another instance a disused telegraph pole.

Mr. WILCOX (Minister of Transport) .-1 was not aware that any such attempts had been made. I can only hope that the Railways Commissioners are aware of it. I am glad that the honorable member has drawn the matter to my attention, and I imagine that either he or someone else in the area has drawn it to the attention of railway officials, who have no doubt also observed it. If the facts are as related by the honorable member it is a serious state of affairs. Unfortunately, near Tullamarine, on the standard gauge line between Melbourne and Sydney, exactly the same thing happened, and a tremendous disaster could have been caused. Fortunately, this did not happen. I say to all honorable members and to the community generally that this situation is part of the lawlessness that exists in many places today.

Mr. WILKEs.-There are not enough police.

Mr. WILCOX.-It is not a question of the number of police available. It is a matter of the community being

Session 1971.--8

interested in its own property. The railways are the community's own property; indeed, one would hope the whole of this country is our own property.

Mr. EDMUNDs.-Except minerals.

Mr. WILCOX.-Honorable members opposite wish to make light of this subject.

The SPEAKER (the Hon. Vernon Christie). - Order! The Minister should ignore the interjections.

Mr. WILCOX.-It is difficult to give a proper answer to a proper question when honorable members interrupt as they do. I regard this as a very serious matter. I am sure all honorable members do, and I simply ask that the community regard it seriously too.


Mr. HOLDING (Leader of the Opposition) .-1 direct a question to the Minister for Fuel and Power following an answer he gave to the honorable member for Broadmeadows. Is it not a fact that the area allocated for the sale of this natural gas would normally be within the franchise of the Gas and Fuel Corporation, and therefore should not any criticism on the subject of natural gas be directed to the Gas and Fuel Corporation? Secondly, when the honorable gentleman says that the gas has been purchased from Esso, does he mean Esso or a subsidiary company of Esso? Finally, has the Government acquiesed to the proposition that Esso has the right to sell natural gas to large industrial consumers anywhere in Victoria?

Mr. BALFOUR (Minister for Fuel and Power) .-In the first part of his question the honorable member asked whether the place from which this gas was to be sold came within the franchise area of the Gas and Fuel Corporation. Actually it is outside the franchise area. However, this arrangement has been made under the agreement which took quite some


time to draw up and which was entered into by the distributors and producers after the signing of the letter of intent. This sets out how gas can be sold and who sells it. In these circumstances, with the quantities and the price involved, it is far better for the State Electricity Commission to buy it from the producers, then have the corporation transport it for them and for the corporation to get something out of that part of the deal than for the corporation to endeavour to make a deal with the State Electricity Commission.

Mr. HOLDING (Leader of the Opposition) .-1 direct a further question to the Minister for Fuel and Power. Will the honorable gentleman please table all relevant documents concerning the terms and conditions of this sale by Esso to the State Electricity Commission?

Mr. BALFOUR (Minister for Fuel and Power) .-1 should like some notice of that question. As 1 indicated earlier, these questions would be better asked at a later stage. 1 indicated that 1 would be willing to talk on some of these matters to the honorable member for Broadmeadows, who I believe will be handling the Newport legislation, and 1 think 1 could give him an adequate explanation.

STATE SUPERANNUATION FUND. Mr. SHILTON (Midlands).-Could

the Premier and Treasurer advise whether the triennial review of the State Superannuation Fund has been completed as was promised on 30th June, this year; if so, what is the result of the review? Can the recipients hope for a rise?

Sir HENRY BOLTE (Premier and Treasurer) .-1 will obtain this information, and advise the honorable member.

SOUTH AFRICAN CRICKET TOUR. Mr. TREZISE (Geelong North).

. Has the Premier seen clarifying statements which have been made in

recent days by the Premiers of neighbouring States concerning their Governments' support for or opposition to the proposed cricket tour by South Africa? Can the Premier advise the House whether the Government will support or oppose the tour and, if it supports it, can the Premier advise what steps will be taken to ensure the protection of the Victorian public?

Sir HENRY BOLTE (Premier and Treasurer) .-The honorable member for Geelong North has made a broad statement that the Premiers of other States have declared their policies concerning the tour. To the best of my knowledge, only Mr. Dunstan and Mr. Tonkin have made any comments on it, and Mr. Dunstan only said that he could not guarantee the success of the tour, or something like that. As 1 understand it, he did not say that he was for or against it.

1 have consistently maintained, as has my Government, that this is entirely a matter for the Australian Board of Control. The board will be meeting tomorrow, I believe, and its decision will be conveyed to the various State Governments. If South Australia then decides that it cannot guarantee that a test match will be played in that State, or if Western Australia does so, a test match will not be played there; but we in Victoria will give proper consideration to whether a test match could and should be played here only after the board of control reaches its decision tomorrow. 1 do not intend to add fuel to the fire.


Mr. EDMUNDS (Moonee Ponds).Can the Premier inform the House what response has been made by other State Governments to Victoria's call for a convention to discuss Commonwealth-State financial relationships and amendments to the Constitution?

The SPEAKER (the Hon. Vernon Christie ).-The question should be directed to the Attorney-General.


Mr. EDMUNDS.-I redirect that question to the Attorney-General.

Mr. REID (Attorney-General) .I do not propose to go into much detail, because the same question was asked by the honorable member for Hawthorn last week. In general terms, the response of other Governments and representatives of other parties has been most favourable. I have yet to have discussions with the Premier, the Attorney-General and the Leader of the Opposition in Western Australia. Today I was in touch with the Attorney-General of Western Australia by telephone, and am making arrangements to visit that State and see the honorable gentleman and the Premier; I shall then take the opportunity of conferring with the Leader of the Opposition in that State.

SOCIAL WELF AR,E. Mr. BORNSTEIN (Brunswick East).

-Will the Minister for Social Welfare inform the House whether certain municipalities which employ their own social welfare officers have been denied the facilities of the Social Welfare Department's family counselling section because of a direction issued by the former Director-General of Social Welfare? Is this oontrary to section 5 of the Social Welfare Act which stresses the need for the existence of a partnership, in social welfare matters, between all levels of Government and, if so, will the Minister consider countermanding this directive?

Mr. I. W. SMITH (Minister for Social Welfare) .-1 know of no such directive by the former DirectorGeneral of Social Welfare. If the honorable member can quote an instance, I shall examine it, but this is the first time that this has been drawn to my attention. However, if a problem exists I shall examine and try to overcome it.

ETHANE PIPELINE. Mr. FLOYD (Williamstown).-

In view of the fact that the Minister for Fuel and Power is adamant that

he is going to proceed with the ethane pipeline across Port Phillip Bay despite the fact that a report from the Fisheries and Wildlife Branch is not yet to hand, and as the honorable gentleman considers that it is not necessary to obtain that report before he proceeds with the establishment of the pipeline, what justification is there for spending $250,000 of the State Electricity Commission's money in investigating the bay on its own behalf to ascertain if heated water affects the ecology and general condition of the bay before receiving the report of the Fisheries and Wildlife Branch, which it is understood may take a further eighteen months or two years?

Mr. BALFOUR (Minister for Fuel and Power) .-The honorable member's question refers to two unrelated subjects. As I endeavoured to explain to him on the motion for the adjournment of the House last Wednesday, the investigations of the Fisheries and Wildlife Branch into the ecology of Port Phillip Bay have been going on for some time. As honorable members are aware, for many years the State Electricity Commission has operated a power station at Newport and until recently was bringing cold water in from the bay and discharging warm water into the Yarra River. Some time ago that system was changed and now cold water is brought in from the deep bed of the Yarra River. When the new station is built the warm water will be taken out by means of a training wall into the bay. The State Electricity Commission has agreed to give to the Fisheries and Wildlife Branch a sum of $250,000 to help it in its investigations and to ascertain just how its systems are working.

COMMONWEALTH HOSTELS IN HEIDELBERG.

Mr. KIRKWOOD (Preston).-I ask the Minister of Housing: Now that Commonwealth Hostels Ltd. has vacated its property in Water Road, East Preston, what planning is envisaged for this area by the Housing Commission?


Mr. MEAGHER (Minister of Housing) .-The area in question will be the subject of discussions between the Commonwealth and the Housing Commission-in fact, it is the subject of discussions between them as to the exact date on which the Commonwealth will vacate these properties. As soon as the exact programme is known it will be possible to formulate plans for the future use of the property.

ALLEGATIONS AGAINST POLICE OFFICERS.

Mr. HOLDING (Leader of the Opposition) .-Since the commencement of the Kaye inquiry, has the Chief Secretary or his predecessor had to order any and, if so, what internal inquiries within the Police Force following allegations of improper practice on the part of senior officers of the Police Force?

Mr. HAMER (Chief Secretary).As I have already announced, certain investigations were made as a result of the Kaye report because of mention made in that report of certain officers but against whom no suggestions were made of any criminal conduct. Those investigations were carried out by senior officers of the Victoria Police. They were reviewed by the Acting Chief Commissioner and the legal assistant, and later by the SolicitorGeneral. In all cases no grounds were found for disciplinary action. These are the only inquiries which have been made as a result of the Kaye report-indeed, they are the only ones which could have been made.

Mr. HOLDING (Leader of the Opposition) .-Does it follow from the Chief Secretary's answer to the previous question that, therefore, there have been no allegations made within the Police Force of improper practices which he would regard as worthy of any form of internal inquiry?

Mr. HAMER (Chief Secretary).Not to my knowledge. I have not encountered any suggestions or allegations other than those contained in the Kaye report.

PETITIONS. SALE 'OF ALC'OH'OLIC DRINKS.

Mrs. GOBLE (Mitcham) presented a petition from certain citizens of the State of Victoria praying that legislation be enacted to require the sale of drinks with an alcoholic content to be made only from licensed premises. She stated that the petition was respectfully worded, in order, and bore 504 signatures.


Mr. A. W. TAYLOR (Balwyn) presented a petition from certain citizens of the State of Victoria praying that legislation be enacted to require the sale of drinks with an alcoholic content to be made only from licensed premises. He stated that the petition was respectfully worded, in order, and bore 27 signatures.


TEACHING SERVICE. REP'ORT 'OF B'OARD 'OF INQUIRY.

Mr. THOMPSON (Minister of Education) presented, by command of His Excellency the Governor, the report of the board of inquiry into certain aspects of the State Teaching Service.

It was ordered that the report be laid on the table, and be printed.

CO-OPERATIVE HOUSING SOCIETIES (INDEMNITIES) BILL.

Mr. MEAGHER (Minister of Housing) presented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purpose of a Bill to increase the aggregate liability for the granting of indemnities under the Co-operative Housing Societies Act 1958.



On the motion of Mr. MEAGHER (Minister of Housing), the Bill was brought in and read a first time.

PARLIAMENTARY COMMISSIONER (OMBUDSMAN) BILL.

Mr. WILKES (Northcote) moved for leave to bring in a Bill to make provision for the appointment and functions of a Parliamentary Commissioner (Ombudsman) and for purposes connected therewith.



THE CONSTITUTION ACT AMENDMENT (REDUCTION OF

VOTING AGE) BILL. Mr. WILKES (Northcote) moved

for leave to bring in a Bill to amend The Constitution Act Amendment Act 1958 and for other purposes.


first time.

FAMILY COURTS BILL. Mr. WILKES (North cote) moved

for leave to bring in a Bill to make provision for the establishment of certain Magistrates Courts as family courts for the better determination of disputes or matters affecting family life, to vest family courts with certain jurisdiction and powers, and for purposes connected therewith.


first time.

STATE ELECTRICITY COMMISSION (NEWPORT POWER

STATION) BILL. Mr. BALFOUR (Minister for Fuel

and Power) .-1 move-That this Bill be now read a second time.

Its purpose is to approve as an undertaking within the meaning of subsection (J.) of section 3 of the State

Electricity Commission Act the construction of a steam power station at the site of the existing Newport power station adjacent to the mouth of the Yarra River. The station, which will have an installed capacity of up to 1,000 MW comprising two generating units of up to 500 MW each, will be fuelled by natural gas; however, there will be provision for oil to be used when gas is not available in the quantities required.

The State Electricity Commission has submitted to me a comprehensive report dated 27th May, 1971, describing the features of the new power station and the part it will play in the development of the State's generating system. By order of the Governor the report was tabled in this House today and copies will be available in the Papers Room. If honorable members refer to this report they will be able to gain most of the detail about the station, but in the course of this speech there are a few matters on which 1 feel 1 should elaborate.

1 have also arranged-through the courtesy of Mr. President and Mr. Speaker-for the commission to place a model of the proposed new power station and a number of display panels in Queen's Hall to help members gain an appreciation of how this undertaking will fit into the local environment.

The Bill itself is quite brief and straightforward. Clause 1 is the usual introductory clause. Clause 2 provides for the approval of the Newport undertaking in accordance with the procedures laid down in the State Electricity Commission Act. Under the terms of the principal Act this undertaking could have been approved by the Governor in Council, but 1 believe this is to be a project of such importance that before the commission proceeds it should have the approval of this Parliament.

Clause 3 sets out the estimate of the capital cost of the power station completed to 1,000 MW capacity, which is $145 million based on 1971 price levels.

206.State Electricity Commission [ASSEMBLY.] (Newport Power Station) Bil~.

Honorable members are only too well aware of the essential role which electricity plays in the progress of the modem community. In every walk of life we are continually finding more uses for electricity and so the demand upon the generating system is constantly growing. It is well recognized today that electrical development is synonymous with progress. In fact, the rate of increase in electricity demand provides a yardstick of national prosperity. Those countries of the world which are able to spend large sums on electrical development are making the greatest progress in national and economic welfare. Many of the more advanced countries of the world have a greater use of electricity per head of population than Australia, but there is no evidence anywhere that the uses to which electricity might be put are reaching their limit. Even in countries where the use of electricity per head of population is about two or three times that of Victoria, the demand for electricity continues to grow.

The only real variable in the whole situation is the rate of growth. As the commission points out in its report, for much of its history the demand for electricity from the State's generating resources has increased at an average rate of about 8 per cent per annum, corresponding to a doubling time of about nine years.

I firmly believe that the favourable position of Victoria today is due in no small measure to the foresight of our legislators 50 years ago when they laid the foundation for a coordinated electricity supply system and gave the State Electricity Commission a charter to develop the resources of this State with full regard to the need for a cheap and plentiful supply of electric power. Our task is to see that this development is maintained to a standard which will ensure the economic well-being of this State in the future. Greater use of electricity. wi,II lead to an iJ?1proved quality of hfe In the communIty. Being such a versatile form of energy it can

Mr. Balfour.

economically provide all fuel needs of consumers safely and effectively without deleterious effects on the environment.

. Early last year the commission engaged Commonwealth Services Incorporated of New York to advise it on marketing programmes aimed at increasing sales and profitability through increased and more selective marketing. These studies showed that through an increased marketing effort which would be both feasible and profitable, the commission could control the rate of growth of maximum demand to about 7 per cent per annum while achieving an electricity sales growth of at least 8 per cent. This is being done by directing sales promotion towards the use of electrical appliances and equipment that will provide great satisfaction to consumers yet will stimulate growth during the hours of the day and the seasons of the year when there would be otherwise unused generating capacity capable of producing additional energy. Off-peak storage hot water and the new heat bank storage space heaters are examples of such application of electricity.

As members are well aware, the demand for electricity fluctuates throughout the day and from day to day throughout the year. Electricity cannot be stored and generating plant must be available to meet the maximum demand imposed upon the system. Some reserve capacity must be maintained in an electricity system to provide for all kinds of abnormal circumstances, such as a breakdown of plant, high loads which could arise from unexpected developments or extreme weather conditions. Also, it is usual that some operational difficulties are experienced with new major plant in its initial period of service.

It is estimated that by 1974, when the Yallourn W power station is completed, the maximum demand will reach 3,405 MW. The total plant capacity by then will be 4,520 MW and it should not be necessary to install any further plant to meet the


1975 load but, to cover the expected growth in maximum demand over the following three years to 1978, the commission will have to install a further 1,000 MW of generating plant.

The demand for electricity may be divided broadly into three main categories. There is the base load which is the part which is relatively constant throughout the 24 hours of the day, and at the other extreme there is the peak load which occurs only for short periods in the morning and evening. In between there is an intermediate load which is relatively constant throughout week days and evenings and tapers off overnight and at week-ends.

Generating plant to supply the base load should have available to it low cost fuel and in Victoria this base load plant has for many years been fuelled by brown coal. Even though the capital cost of the brown coal burning stations is high by comparison with other types of plant, for the sustained base load this higher first cost can be offset if there is a low running cost. The peak load is highly variable and consequently needs to be supplied by pl~nt which can be brought up to full load quickly and, similarly, removed from load quickly. In Victoria this load is met primarily by the hydro stations at Kiewa and Eildon and the State's entitlement from the Snowy Mountains scheme.

During the past twenty years the installation of plant to supply the Victorian system has been confined to two types-brown coal base load plant and peak load hydro plant. The construction of the Snowy Mountains scheme, which is now approaching completion, will provide 1,059 MW of power to Victoria, and this will provide sufficient peak capacity for several years ahead.

During the period we are considering for the installation of Newport plant-that is, from 1976 to 1978-the commission's system will be adequately supplied with base load and

peak load plant, and the plant which should be installed in this period preferably should be designed for the purpose of meeting the intermediate load. In supplying the intermediate load it is preferable to use plant which has a relatively low capital cost, particularly \vhen the fuel cost may be a little higher than for base load plant.

At the present time the intermediate loading is being met by the older plant at Yallourn-the C, D and E power stations-the continuous base load by the newer and more economical plants at Hazelwood and in future years by Yallourn W. Ideally, Yallourn C, D and E stations should revert to the designed role of meeting the more sustained type of base load operation. The discovery of natural gas in Victoria has opened up possibilities for using plant designed to consume this fuel and specially suited for the particular needs of intermediate loading.

As mentioned, at present the Victorian system does not have sufficient plant which is readily adaptable to a range of duties varying from peak to base. During the 1950s the older thermal plant at Newport could, and did serve this purpose. With the necessary retirement of the older sections of the station, the remaining plant is such a small part of the system tha tit could not make a significant contribution to this segment of the load and is best reserved for peak duty. The new plant proposed to be installed at Newport is capable of supplying the intermediate type of loading effectively and economically. Its range of loading requirements may vary from peaking in some years to near base condition in others.

As indicated in the report, I have allotted 0.8 million million cubic feet of natural gas for power generation over a twenty-year period. This quantity is ample for a 1,000 MW station for its first twenty years of operation at intermediate load. I expect no difficulty in making a further allotment beyond the twenty-year period


of 0·4 million million cubic feet to provide for the estimated 30-year life of the station. The commission has concluded a satisfactory arrangement with Esso-Hematite for the supply of gas at Longford at terms which will permit the station to operate economically over a wide range of duty. The commission will arrange agreements with the Gas and Fuel Corporation and the Colonial Gas Company for the transportation of gas to the station.

It is not economic to install new brown coal units of the same size and to undertake the same duty as the new Newport power station. The capital cost for a brown coal station of 1,000 MW in the Latrobe Valley would be $85 million greater than that which will be outlaid for the Newport plant. But quite apart from the financial disadvantages, brown coal plant would not readily be able to carry out the functions envisaged for Newport. Because of the high moisture content of brown coal, very large brown coal boilers are not easily run up and down in steam output in the way envisaged for the Newport boilers and there are problems with stable combustion when running at light load. It is not expected that Newport will run at quarter load without difficulty but a boiler designed to burn raw brown coal could run on quarter load only with auxiliary firing by burning briquettes or oil and this, of course, would increase operating costs.

The cost of building up the Yallourn C, D and E stations to base load operation is quite small because all the coal plant is already available to service the boilers and the added cost is mainly in building up the station manning to three shifts seven days a week.

For more than twenty years all additions to the State generating system have been remote from the metropolitan area, which is the main load centre of the State, and consequently the operation of the system relies

Mr. Balfour.

very heavily on an expensive transmission system. Thus, the construction of a large power station near Melbourne will avoid substantial expenditure on the transmission system.

The commission has made an extensive study of the possible effects on the environment of a power station of this size burning natural gas. For many years the commission has taken the initiative in its protection of the environment, whether in controlling power station emission, the abatement of noise or in harmonizing with their surroundings, and it has endeavoured to keep ahead of public opinion in this matter. Electricity is, of course, the only fuel that releases no products of combustion at the point of usage where pollution of the environment is most difficult to control.

In designing this station, the commission will incorporate all the elements of protection that it believes will be needed now or in the future. Statutory requirements have been introduced in the public interest which require all industry to conform to rigid standards not only when plants are first built but throughout their life, and the commission supports these requirements.

For many years the commission has designed all of its new plant to control emission to a standard more rigorous than that set down in any statutory requirement. In the recently completed Hazelwood power station electrostatic precipitators costing more than $8 million, together with the station's tall chimneys, ensure that the atmosphere in the vicinity is not affected to the detriment of the community. Only last month the commission placed a contract of nearly $2 million for the installation of electrostatic precipitators on the older Yallourn E power station.

For many years the commission has been represented on the State Clean Air Committee and also is represented on the recently established Environment Protection Council by its

State Electricity Commission [7 SEPTEMBER, 1971. ] (Newport Power Station) Bill. 209

Chief Engineer, Planning and Investigations, Mr. R. W. Urie. Over the years the commission has accumulated a great deal of expert knowledge on boiler emission into the atmosphere. Plans for the Newport station have been discussed with experts in Australia and overseas and the authorities consulted have confirmed the opinion of the commission's engineers and scientists that its operations should have no deleterious effect on the environment. The new station will incorporate a chimney 600-ft. high, although a chimney half this height would meet existing clean air requirements for a station fuelled by natural gas.

It is important that the question of ~sing .the atmosphere should be put mto Its proper perspective. The atmosphere is a resource available to mankind like all other natural resources and the real question is not whether the atmosphere should or should not be used but how we should use it to the 'best advantage of the community as a whole. In essence, it should be used but not abused.

All the gases produced in burning fossil fuel are produced in nature and the t~tal ?f all the g~ses produced by mankmd IS only a mmute fraction of that produced by nature. It is when these gases are concentrated into localities that they can become a n.uisaI?-ce. To draw an analogy, the SItuatIon may be likened to burning a fuel heater in a room. If the room is tightly closed the air becomes stuffy and uncomfortable, perhaps there are unpleasant smells, and in extreme situations the air becomes dangerous to breathe. On the other hand if the room is well ventilated, it ~imply becomes comfortably warm without danger to the occupants of the room. From this point of vipw, happily Mel· bourne is a well ventilated city.

The commission is satisfied that with the design it is proposing for the Newport power station all gases emitted from the chimney stack will be dispersed well clear of people on the ground and even those gases

which do return to the earth will be so diluted that they will not have any effect whatever on the community.

One of the essential elements for a thermal power station is an ample supply of water for condenser cooling purposes. The condenser water cooling arrangements for the new station will involve drawing cold water from the lower levels of the deep-water channels in the Yarra River mouth and discharging the warm water into the western area of Hobson's Bay. To prevent a recirculation of the warm water through the system the intake and discharge areas will be separated by a long training wall extending into Hobson's Bay. The specification covering the design of the steam plant limits the increase in temperature of the cooling water to 15 degrees Fahrenheit-8 degrees Centigrade-on leaving the station.

After discharge into the bay the temperature of the cooling water will be quite rapidly reduced by loss of heat to the atmosphere and by being mixed with other water near the outlet. It will then spread out as a broad surface plume with further dispersal of the warm water into the very large volume of water in the bay and disSipation to the atmosphere

. The commission already has carned out a comprehensive programme of collecting data on the phYSical conditions governing the dispersal of cooling water, including water temperature, densities and salinities in Hobson's Bay and the Yarra Ri~er. Meteorological conditions, tidal flows and effects, together with river flood discharges, have also been reported and studied. A series of tests using the existing power station cooling. water system modified to the same arrangement proposed for the new project have confirmed the commission's predictions on the pattern which the warm water discharge into the bay will follow. The results of these tests, covering a wide pattern of temperature recording and newly

210 State Electricity Commission [ASSEMBLY.) (Newport Power Station) Bill.

developed techniques of aerial infrared photography, have indicated a satisfactory warm water plume dispersal.

As a further safeguard to the marine environment and to ensure that the ecology of Hobson's Bay is maintained, the commission has arranged with the Fisheries and Wildlife Branch for a joint study of the marine life to be carried out in this area. The survey and investigation of the marine biology of Port Phillip Bay, which that branch has been conducting for some years, will be extended to cover in detail the Hobson's Bay area so that the conditions required to preserve the marine environment will be accurately known and provided for in the station design. As an added aid, to achieve the best possible design, the commission is conducting an hydraulic model study in conjunction with the water research laboratory of the University of New South Wales, which is one of the country's leading hydraulic research establishments. The commission is contributing some $250,000 over the next three years towards the cost of three special investigations and studies.

The commission has assured me that if these studies or subsequent operation of the station show that there is any likelihood whatever of some unexpected harmful effects it can and will take immediate remedial action.

The commission is mindful of the effect the station might have on people living close by and on the municipality of Williamstown as a whole and has paid particular attention to the layout, design, construction and operation of the station. Sound levels will be very well controlled. Equipment such as transformers and fans will be contained in special sound dampening enclosures and the turbine room will be constructed with soundabsorbent walls. Silencers will be incorporated on steam outlets and any steam discharge will be directed away from residential areas, the

Mr. Balfour.

boiler house being on the side of the power sta tion remote from these areas.

Honorable members will be able to see from illustrations of the new power station and from the model which has been prepared that the commission has given particular attention to the appearance of the station. The latest features have been incorporated and the station is totally enclosed, including the 220,000 volt switch-gear. The surrounds of the station will be visually pleasing to nearby residents. Trees and shrubs will be planted along Douglas Parade and all buildings will be set well back from public roads. The landscaped areas will be well established by the time the power station is completed. The commission will start work on this part of the project very soon.

Mr. DouBE.-Can it be assumed tha t these turbines will be silent and will not be heard by residents of Port Melbourne, Albert ·Park or WiHiamstown?

Mr. BALFOUR.-They will not be heard; or, there is little likelihood that they will be.

The commission realizes how important it is that it should co-operate fully with the local community in planning this power station in a way in which it wiN be an asset to the municipality.

The commission's architects have developed a scheme for beautifying the Hobson's Bay area immediately south of the power station so that it will become an attractive waterfront which can be enjoyed by the public. 'Jihe commission already has had discussions with the Williamstown City Council, and together they have formed a liaison committee comprising the following people: -Representatives of the Williamstown City Council-Cr. J. M. Byron, J. P., Cr. R. Davies, J. P., Cr. H. B. Whittaker, J. P., Cr. D. J. McDonald, R. D., Mr. J. E. Morley, J.P., Town Clerk and Manager, Mr. J. T. Rees, City Engineer, and Mr. R. B. Kimber, City

State Eleciricity Commission [7 SEPTEMBER, 1971.] (NewportPowerStation)BiII. 211

Electrical Engineer; rep~esentatives of the State Electricity Commission -Mr. R. L. Urie, Chief Civil Engineer, Mr. T. R. Chibber, Chief Architect, Mr. P. Ashmead, Construction Engineer, Power, M'r. J. C. Savige, Power Station Superintendent, and Mr. K. A. Howard, Hydroelectric Investigations Engineer.

Naturally, the committee's most important duties will be performed during the construction period of the power station, but it is intended that it should continue to function after the power station is in operation 'So that the co-operation which already has been started will continue throughout the life of the station. The committee already has had its first meeting and promises to be an outstanding example of the kind of co-operation that can exist between instrumentalities and local government.

The commission a'Iso will be discussing its plans with other Government bodies which are interested in the project and its impact on the community, and already is in contact with the Melbourne Harbor Trust, whose land abuts the Newport site and the Clean Air Section of the Department of Health.

The Newport project which Parliament is now asked to approve is the culmination of one segment of the continuous process of planning which goes on in the State Electricity Commission. The continuous growth of the electricity system means continued planning of new plant to meet that growth and at the same time to replace plant which has become obsolete or has seen out its useful life.

Predicting the future in any field is fraught with difficuUies, and certainly there are special complexities in planning an electricity system with its commitment to very large scale capital expenditure. The pattern of load growth may change, and inevitably there will be technological impro'vements in plant and equipment and. of course, comparative costs and prices are constantly on the move.

Not only must a certain quantity of plant be provided to meet the load at any given time, as I have explained, but there must be a balance so that the needs of base, intermediate and peak loads will be met in a way that is most economical to the consumers of electricity in Victoria.

In the light of present knowledge, future requirements of peak load on the system probably can best be handled by a combination of pumped storage hydro and gas turbine plant. Gas turbines can be installed quite quickly and in relatively small sizes and, consequently, can be readily fitted into the planning programme. A pumped storage installation is likely to be more of a long-term project with a series of generating units installed over a period of several years. At the present time it seems that its needs for peak plant are met until towards the end of this decade, and cons~quently it will not be necessary to make any early decision on this form of plant.

For intermediate load, for reasons which have already been explained earlier in the speech and in the commission's report on the Newport project, gas or oil are attractive fuels. Plant fired by them is flexible in operation and can economically meet a variety of load situations. Following the substantial installations in the Newport project, there probably will not be any need to consider further plant to meet intermediate loads for some years to come.

The base load forms the greater part of the system capacity-something of the order of 60 to 70 per cent-and consequently attracts by far the greatest attention of the commission's planners. As I mentioned earlier, for many years there was only one form of fuel in Victoria which was appropriate for base load generation, and that was raw brown coal. Brown coal power stations have a very high capital cost, and with their associated coal winning activities form a labour intensive industry which is highly sensitive to escalating salaries and wages and, unfortunately,


is prone to industrial disputes. This is one of the things which the commission always has to take into account when considering a brown coal installation. Gas and oil plants have the advantage that once the capital expenditure has been outlaid the operating costs remain relatively uniform because it usually is possible to negotiate a long-term gas or oil contract and relatively few employees are needed to run the station. At Newport, for example, the total complement for a 1,000 MW station including maintenance employees is expected to be only of the order of 90 to 100. Consequently, operating costs do not vary over the Hfe of the station to anywhere near the same extent that they do for brown coal plant.

Another alternative is nuclear plant, which appears to be a competitor for conventional types of fuel in the larger unit sizes. Commission engineers participated in the assessment of the Jervis Bay project of the Australian Atomic Energy Commission, and even though the project is not proceeding, the exercise has provided some extremely valuable experience. This experience has helped to confirm information available to the commission from overseas, so that it is in a better position to analyse the benefits of nuclear plant as compared with conventional thermal plant.

In its report the commission indicated that additional generating capacity for base load operation would be needed about 1979 or 1980 and that studies on possible base load projects were proceeding. These studies have advanced to the stage where, on present knowledge, the next base load plant is planned to be based on brown coal fuel. One question that remains to be answered is just where this plant will be located. Alternatives are a station based on one of the existing open cuts at Yallourn or Morwell, or one at a completely new location on a new open cut development at Loy Yang.

Mr. Balfour.

The commission previously had publicized the possibility of developing the Loy Yang brown coal deposits for future power generation requirements and, although a decision will not be taken for some twelve months or so on the next base load generation to ensure that its planning is not limited, it has already taken steps to alleviate any hardship which might be incurred by landowners in the area who will possibly be affected by the commission's activities if Loy Yang should be selected.

To assist property owners in advance of a final decision, the commISSIon obtained Government approval to advise all owners whose land would be required within the first five years of this development that it would be prepared to negotiate with them for the purchase of their land. The commission already has purchased the properties of some owners who could be affected in the first two years of any Loy Yang development, and it has opened negotiations with other landowners outside this immediate area who, by reason of hardship, may need to leave the district and who have been unable to sell their properties on the open market.

The extensions of the generating system which I have already discussed cover the needs of the State for the next decade, but the commission must face the prospect of installing something like an additional 6,000 MW of generating plant during the 1980s. Because it takes upwards of six years to build a power station, the next installation beyond 1980 needs to be developed somewhere about the middle of this decade. When we speak of 6,000 MW of generating plant we have to think of the very large amount of money that is involved. Generating plant costs from $150,000 to $250,000 a megawatt depending upon what type of plant might be installed, and this means that during the 1980s the commission is faced with spending between $900 million and $1,500 million on generating plant alone.


When one thinks in these terms it requires little imagination to see that any decision that might be taken must be the right one and consequently that there is a need to defer all decisions until as late as possible to make sure that they are based on the best and latest information available.

In the last few minutes I have perhaps over-simplified what is really a very complicated subject, but I trust I have given honorable members an idea of the kind of problems which face the commission in its planning and the way in which it approaches them. The commission's planners must always keep their eyes on a broad spectrum although, of course, with the passage of time, the outlook on any particular project tends to narrow. I have asked the commission, and it has readily agreed, to take every opportunity of informing honorable members and the public of the way in which its plans are developing, so that the people of Victoria may have an opportunity of appreciating how this immense State asset is being applied to the benefit of the community. In commending the Bill to the House, I wish to advise honorable members that officers of the State Electricity Commission will be available to give them assistance concerning any technical matters about which they wish to be advised.

Mr. WILTON (Br,oadmeadows).I move-


I take this opportunity of thanking the Minister for his consideration in making arrangements last week which enabled me to have preliminary discussions with the commission officers who have been involved in this project.


FILMS BILL. Mr. HAMER (Chief Secretary).


The purpose of this Bill is to revise and consolidate the law relating to cinematograph films which at present appears as Part II. of the Theatres Act, and to introduce a new system of classification of films-in particular, what is colloquially known as the "R" certificate. In its basic philosophy the Bill goes further. It represents a new approach to film censorship in Australia, derived from the belief that adults should be capable of making up their own minds what kind of films they wish to see, if they are given reasonable indication of their nature.

Against such a background the role of the film censor becomes increasingly that of an adviser to adult audiences, using his classification of each film as a guide. Under the present system, the censor must continually bear in mind that the films which he approves may be freely seen by audiences of all ages, and accordingly he is obliged to order deletions of portions which in his judgment are unsuitable for immature or impressionable minds. In the twelve months ended 31st July, 1970, only 30 per cent of feature films approved by the censor were classified as suitable for general exhibition. Under the system proposed in this Bill, he will be able to give a " restricted" classification to a film, which will ensure the exclusion of children under eighteen years of age, and so will feel much more free to allow those films, or those portions of films, which he adjudges as fit only for adults, and which at present he cannot approve.

In principle, the idea of censorship is obnoxious as an invasion of personal freedom of choice; in practice, it is necessary to prevent the lowering of community standards by the exploitation of the baser instincts of mankind, especially among the young and most impressionable.

214 Films [ASSEMBLY.] Bilk\:,',

This whole subject is excellently covered in a Report on Censorship 1970 by the Social Questions Committee of the Anglican Diocese of Melbourne. It points out that the problem of censorship is essentially a question of individual liberty; thatbelief in individual liberty -is 'a basic tenet of a democratic society. and is equally a fundamental Christian belief;

but, because individuals live together in communities, a society needs the power-to protect those in the community who need protection and to protect itself from anything which it considers harmful.

In short, therefore, all censorship must be clearly justified in the public interest.

The committee thought that only two such justifications were really valid-

1. That censorship "contributes to the prevention of anti-social behaviour which may harm others".

2. "That every person has a right not to be unreasonably offended or outraged provided that he or she was given no option to avoid being so offended". The corollary, of course, is that, if a person is forewarned that a book, play or film is likely to offend him, but still voluntarily chooses to read or watch it, then he is merely exercising his free choice.

According to the committee, there was little available evidence at present on the relationship between erotic literature, film and plays, and behaviour, but much clearer evidence of the adverse stimulating effect of violence and horror, especially among children. I have described this report at some length, because the whole philosophy behind this Bill rests upon similar ideas.

There is clear indication that most people in the community recognize the need for some degree of control over the contents of films being offered for public display; but, equally, most people would like to see that control kept within strict bounds of what is reasonably necessary in the public interest.

Mr. Hamer..

This is borne· out. 'by a poll of patrons of Hobart cinemas taken in November last year by the Tasmanian Censorship Committee, which includes the Roman Catholic Archbishop of Hobart, the secretary of the Baptist Union of Tasmania, and the president of the Australian Council for Children's Films and Television. The question asked was whether the patrons were in favour of an "R" classification for films. The answers were 81 per cent for, and only 16 per cent against. A recent poll here of patrons of a number of hard-top and drive-in theatres by Village Drive-In Theatres Ltd. produced almost exactly similar results.

This Bill, therefore, adopts that general prinCiple, and the two main restraints on total freedom then become-

1. The censor, by the use of the " restricted" classification, will seek to ensure that unsuitable films are not made freely available to children.

2. The censor will continue to ban " hard-core" obscenity. This concept is not easy to define, and is obviously subject to change in accordance with the prevailing moral standards of the community. But, generally, it will embrace material which features excessive violence or undue emphasis on sex.

Perhaps the most comprehensive attempt at definition was made by the Supreme Court of the United States of America in 1957 in the famous case of Roth v. United States in which it laid down the rule that sexual expression was not to be censored unless it met three tests-

1. That the material is utterly without redeeming social importance;

2. that the dominant theme of the material taken as a whole appeals to prurient interest; and

3. that the material is patently offensive because it affronts contemporary community standards.


In later cases, the court has made it clear that what censorship is really aimed at is the sordid business of direct pandering for gain to man's lowest instincts by pornography. For this kind of restriction at least, there is widespread public support. The reference to "contemporary community standards" is significant, because it is obvious that the principal task of any censor is to interpret and apply just those standards-not his own. It is also clear that those standards may well change from time to time, just as community attitudes to sex, violence, horror, deviant behaviour, and so on, have fluctuated quite violently over the past few hundred years.

Part II. of the Theatres Act 1958 was amended by the Theatres (Amendment) Act 1969, which resulted from a conference of Commonwealth and State Ministers in Hobart which agreed on a uniform system of film classification. The three classifications introduced by that Act were-


(b) not recommended for children, and

(c) for adults only.

The introduction of the "R" ce~ tificate was discussed by the responsible Ministers in Sydney in October, 1970, when it was agreed that the legislation of the States and the Commonwealth should provide for such a certificate.

The· current situation is that Ministers have agreed, as a result of conferences and subsequent correspondence, to recommend to their Governments the adoption of the following classifications which it is intended will apply uniformly throughout Australia: -


(b) not recommended for children,

(c) for mature audiences, and

(d) for restricted exhibition.

The classifications recommended by the Ministers in Sydney are incorporated in clause 13 of the Bill. The symbols for these classifications, which will be prescribed by regulation, are: "For general exhibition ", the letter "G" in a triangle; "Not recommended for children", the letters "NRC" in a rectangle; "For mature audiences", the letter "M" in a circle; and "For restricted exhibition ", the letter "R" in a diamond.

The first three classifications are advisory. Entry to a theatre screening a film with any of these classifications will be at the discretion of the individual patron or parent. These three classifications will ensure that the public is given adequate guidance as to the nature of the film being screened.

As I have said, the fourth classification-that of "For restricted exhibition "-is a new and additional classification. The conference of Ministers agreed that the new legislation should ensure. as far as possible, that persons between the ages of six and eighteen years do not attend " restricted" films.

Accordingly, sub-clause (3) of clause 13 of the Bill makes it an offence punishable by a maximum fine of $100 for an exhibitor to admit a child between the ages of six and eighteen years to a screening of a film classified " For restricted exhibition ". It will be a defence to a charge for such an offence to prove that the exhibitor, or his servant or agent, believed on reasonable grounds that the child he admitted had attained the age of eighteen years or had not attained the age of six years. A person between the age of fourteen and eighteen years who attends a screening of such a film will also be guilty of an offence. The maximum penalty for such an offence will be a fine of $20.

A further provision to facilitate the policing of the prohibition on young people attending an "R" certificate film is that a member of

216 Films LASSEMBL Y.] Bill.

the Police Force may demand the age, name and address of any person who has been admitted to a theatre in which a film classified "For restricted exhibition" is being exhibited or is about to be exhibited, or has just been exhibited, and who he has reasonable cause to suspect has attained the age of six years and has not a ttained the age of eighteen years.

Any person who refuses to give particulars of his age, name and address, or who gives false particulars or false evidence of his name age and address, shall be guilty of an offence punishable by a maximum penalty of $20.

Mr. DOUBE.-Do you not think that there is an argument that the age for marriage should be considered the age of sufficient maturity for persons wishing to see prurient films?

Mr. HAMER.-As the honorable member for Albert Park realizes, the minimum age for marriage varies; it is eighteen years for males and sixteen years for females. When discussing this matter, the Ministers decided that eighteen years should be taken as the age of sufficient maturity for this purpose. I stress that the whole basis of the Bill is to give greater freedom. If people between the ages of sixteen and eighteen years were to be able to see these pictures, the censor might have to be more restrictive. Therefore, I suggest that it was wise that the age of eighteen years was settled upon.

Another important feature of this Bill is that it extends the right of the exhibitor to reject British films in the same manner as he can at present reject foreign films. Section 38 of the Theatres Act 1958 affords an exhibitor, notwithstanding anything contained in any contract entered into, the right of rejection of up to 25 per cent of the number of films passed by the censor and proposed to be delivered to him in terms of a

contract. However, the present right of rejection does not apply to Australian Films or to British Films.

That provision was inserted into the law in 1935 by the Cinematograph Films (Australian Quota) Act as part of a scheme of securing the exhibition of a certain proportion of Australian films. The exception of the right to reject British films was intended to nurture the young and struggling British film industry. I am advised by the Exhibitors Association that many socalled British films today are made by American and European film producers in England solely for the purpose of getting British Board of Trade registration. Some of these films are of poor quality and would be rejected by Victorian exhibitors if they were foreign films.

The Bill also enables the exhibitor to reject any film which is classified "For restricted exhibition". The Government is of the view that irrespective of any film hiring contract it should not be possible for a distributor to force an exhibitor to accept a film so classified. An exhibitor in some cases could find a large percentage of his usual audience automatically excluded if he were compelled to accept a film classified "For restricted exhibition ".

Clause 6 empowers the Minister, any person authorized by him and any member of the Police Force, to enter a theatre to ascertain if the provisions of the Act and the regulations are being complied with. Any person obstructing or hindering him in the performance of his duty shall be guilty of an offence. A similar power is contained in the Censorship of Films Regulations but it is considered that this power should be included in the Act rather than the regulations.

Clause 27 enables the censor to issue certificates in the prescribed form for the purpose of proceedings, and provides that the certificate shall

Daylight [7 SEPTEMBER, 1971.] Saving Bill. 217

be prima facie evidence of the matter so stated in the certificate. I commend the Bill to the House.



Mr. WILKES (Northcote).-By leave, in the event of the Opposition member who will be handling this Bill being unable to proceed with the debate next Tuesday, I trust the Chief Secretary will agree to a further adjournment of the debate.

The ACTING SPEAKER (Mr. Stokes).-The Chief Secretary will take note of the honorable member's request.

DA YLIGHT SAVING BILL.



The Bill proposes to introduce daylight saving of one hour for four months next summer, from the end of October to the end of February. Daylight saving, which is a regular practice in many parts of the world, is generally regarded as a convenient way of making best use of the longer hours of daylight in the warmer months. Naturally, therefore, an extra hour of sunlight will benefit most those who prefer outdoor activities of many kinds, whether active or passive. It gives more time for recreation and for the arts of leisure whiCh flourish in natural light and warmth.

Obviously daylight saving will benefit some groups in the community more than others-people engaged in long fixed hours of employment, the young people, and all those who cannot look forward to any form of

recreation until after ordinary working hours. On hot days it will m~an that more of the day's work will be performed earlier under somewhat cooler conditions. There may also be some road safety bonus, in that more travel will occur in daylight. It will bring advantages to those enterprises which cater or provide for outdoor activity, and correspondingly will hamper or restrict to some extent those enterprises which operate chiefly after dark. Drive-in theatres are one example in this latter category. In some rural industries daylight saving would require certain adjustments-for example in the hours for receiving grain into storages during the harvest.

GeneraHy speaking, therefore, the principal benefits of daylight saving will be felt in the urban areas of the Sta te, in the provincial cities and country towns, and in the metropolis, especially among young people. But there will be groups who can see no personal advantage in the proposal, and others who will expect some positive disadvantage. At present all indications point to strong public support for daylight saving, but minority views are not to be lightly disregarded. For this reason daylight saving under this BiB will be restricted to one summer only, so that in Victoria, along with the other States, the proposal can be reviewed in the light of that experience, and a decision made whether it ought to be made permanent each summer.

Last year the Government decided that it would introduce summer daylight saving, provided that all four States and the Australian Capital Territory in the eastern time zone agreed, in the interests of uniformity. After discussions, however, Queens-1and indicated that it was not agreeable to the proposal, and it therefore lapsed for last summer. This year, however, the Governments of Victoria and New South Wales agreed to introduce daylight saving this summer along with Tasmania, which has had it since 1967, even if Queensland still felt unable to accept it.

218 Daylight [ASSEMBLY.] Saving Bill.

Accordingly a conference of responsible Ministers from all States and the Commonwealth was convened in Melbourne on 16th July and the proposal was fully canvassed.

The conference agreed in general principle that the States and Territory in the eastern time zone-Victoria, New South Wales, Queensland, Tasmania and the Australian Capital Territory-should adopt daylight saving for a trial period commencing at two o'clock in the morning of Sunday, 31st October, 1971, and ceasing at two o'clock in the morning of Sunday, 27th February, 1972, these times and days being chosen as being those least likely to cause disruption in the everyday affairs of the community. The States of South Australia and Western Australia, which were present at the conference without commitment, have since announced that they will follow suit. It was further agreed that consultations by Ministers would take place after February, 1972, to assess the over-all effect of daylight saving on the community and the desirability of its continuance in subsequent years.

The Bill provides for the introduction of daylight saving into Victoria for the trial period agreed upon by the conference. The Bill defines the term" standard time" to determine the datum from which the advance of time by one hour is to be made. " Summer- time" is also defined. In effect it means the period during which time will be in advance of standard time in accordance with this Bill. It provides further that any specific or stipulated time at which or during which any act, matter or thing is required, permitted or forbidden by any Act, regU'lation, by-law. rule, proclamation, Order in Council or other instrument shaU, during the relevant period be summer time unless the contrary is expressed, provided or stipulated.

The provisions of section 80 of the Supreme Court Act declaring the mean time of the 150th meridian of longitude east of Greenwich to be

Mr. Hamer.

standard time throughout Victor:ia are saved and standard time' is retained for the purposes of astronomy, meteorology or navigation or the construction of any document mentioning or referring to a point of time in connection with any of those purposes. I commend the Bill to the House.

On the motion of Mr. SIMMONDS (Reservoir) . the debate was adjourned.

It was ordered that the debate be adjourned until Tuesday. September 14.


Mr. RAFFERTY (Minister of Labour and Industry) .-1 move-

That this Bill be now read a s,econd time.

This Bill to amend the Apprenticeship Act 1958 is essentially a Committee measure containing a number of provisions about different matters. There have been a number of important changes in the Victorian apprenticeship system in recent years. Honorable members will recall that during 1969 the Act was amended to provide for the appointment of the first fulltime President of the Apprenticeship Commission. Mr. A. D. Pead, a former Inspector of Technical Schools, was appointed to this position in February 1970. Later last year a number of relatively minor amendments were made to the Act to facilitate the administration of apprenticeship matters.

Quite apart from these legislative changes, there have been several important improvements in the apprenticeship system which I wish to bring to the attention of members. Perhaps the most important task of the Apprenticeship Commission is to try to ensure that there are sufficient numbers of workers trained to the required level of skills to meet the needs of industry. It became clear last year that the intake of apprentices, that is, the number of new apprentices indentured, would be considerably


lower than in the previous year. The commission decided that to reverse this trend, apprenticeship had to be made more attractive to young people.

In the majority of apprenticeship trades the term of apprenticeship was five years-a length determined many years ago when the average age of applicants for apprenticeship was considerably less than is the case new. Moreover there have been considerable improvements in the methods of training apprentices, both in technical schools and by employers "on the job". Following discussion with those of the 43 trade committees concerned, the maximum term of apprenticeship was reduced by Governor in Council regulations on 1st October, 1970, to four years. In some trades, the term of four years may be further shortened for applicants who enter apprenticeship with educational qualifications higher than the minimum. By reducing the term, apprenticeship becomes more attractive to young people because not only are they unwilling to be 1:ound for a period as long as five years but also because it provides them with a substantial financial benefit by way of higher wages. This important change in the conditions of apprenticeship is, no doubt, the major reason for a record intake of 8,867 apprentices for the year ending 30th June, 1971.

This year has seen the introduction, in a number of the larger apprenticeship trades, of a completely new system of technical school training. The traditional subject-based trade courses had a number of shortcomings. For example, technical schools found it difficult to accommodate persons entering apprenticeship with varying levels of educational qualifications above the minimum. There was no provision for apprentices to progress through the trade course at a rate according to their ability. Courses were rigid and could not be varied to meet the needs of either apprentices or srctions of industry.

Modular courses have been introduced in the motor mechanics, panel beating, boilermaking, radio, watchmaking and fitting and turning trades this year. In a subject-based course the elements of skill and knowledge comprising a trade are separated into subjects such as trade theory, trade practice, trade drawing and trade mathematics which are taught and examined separately, whereas in a modular course these elements of skill and knowledge are combined into modules of approximately 40 hours instruction. Modular courses are expected to provide more coherent and better instruction, improve study habits, enable progressive testing and examining, and permit flexibility; and the aim is to extend them to all apprenticeship trade courses.

These significant alterations in the apprenticeship system reflect great credit on the Apprenticeship Commission and the 43 trade committees which advise the commission. To enable the commission to continue to achieve its primary objectives of providing skilled workers for industry, the Bill embodies matters which have been the subject of unanimous recommendation by the commission. They are in three main areas. Firstly, the constitution and functions of the commission itself have been reviewed. The functions of the commission have not been altered since its establishment in 1928 and changes are desirable to cope with different social and industrial conditions. The qualifications for appointment of the president of the commission are partially changed, a further organization-the Victorian branch of the Metal Trades Industry Association-will nominate a person representing employers for appointment as a member of the commission, and the means of hearing cases involving discipline of apprentices is altered.

Secondly, there has been a review of the constitution of trade committees. Certain restrictions on the qualifications of members of trade committees have been removed. For example, it has not been possible for


the commission to appoint more than one person on either side who is qualified for appointment on the grounds that he is an officer of an organized body of employers or employees in the trade. At present, trade committees can be appointed only following the proclamation of a new trade and there is therefore a delay between the proclamation of a new apprenticeship trade and the making of regulations for the trade.

The Bill allows interim trade committees to be appointed once notice of intention to proclaim a new apprenticeship trade is given and this should considerably reduce the delay.

The third main aim of the Bill is to give effect to a recommendation of the commission that there be a consolidation of the statute law on apprenticeship. Until recently there were four statutes dealing with apprenticeship matters-the Apprenticeship Act, the Labour and Industry Act, the Employers and Employes Act and the Master and Apprentice Act. The last-mentioned Act was repealed in 1969. This Bill repeals those sections of the Employers and Employes Act which relate to apprenticeship and it is proposed that a subsequent Labour and Industry (Amendment) Bill will repeal the apprenticeship provisions of the La bour and Industry Act.

Until now the Apprenticeship Commission has dealt with only proclaimed apprenticeship trades-the proclamation making the employment of unapprenticed learners prohibited thereafter. There has always been a number of apprentices in nonproclaimed trades. In order to maintain a uniform policy on apprenticeship matters and to enable the commission to provide administrative arrangements controlling the lodgment and registration of indentures, their assignment, cancellation, completion and the settlement of disputes between the parties, the Bill enables such trades to be proclaimed as

Mr. Hamer.

apprenticeship trades and the proclamation to specify that the employment of unapprenticed learners is not prohibited, that is, that apprenticeship in the trade is voluntary.

These, then, are the three main aims of the Bill. I shall now deal with each clause in turn. Clause 1 is merely formal. Clause 2 contains a number of amendments to the definitions in the principal Act. Paragraph (a) makes it clear that " employer" includes the Crown, even though the Act is already expressed to bind the Crown. Paragraph (b) repeals the definition of " improver", which will no longer appear in the Act as I will explain later. Paragraph (c) repeals the definition of "trade or occupation" while paragraph (d) inserts a new definition of "trade" which will extend the former definition so that it is clear that technician occupations are not excluded. Some hundreds of trade technicians have been and are being trained through apprenticeship.

Clause 3 deals with the appointment of members of the commission. Paragraph (a) alters the qualifications for appointment of the president of the commission so that he will be required to have" sound knowledge of industrial training" instead of " experience in industry". In the commission's view, this is more appropriate and relevant. Paragraph (b) reduces the number of nominees of the Victorian Chamber of Manufacturers by one a.nd provides for the appointment of a person to represent employers on the nomination of the Victorian Branch of the Metal Trades Industry Association of Australia, an organization whose members employ many thousands of apprentices.

Clause 4 permits three, instead of the usual five, members of the commission to constitute a quorum in cases where the commission exercises its disciplinary power over apprentices. When an apprentice chooses to appear personally before the commission, a full meeting of ten members would be rather frightening


and, in the commission's view, a tripartite body could more effectively and efficiently discharge this function.

Clause 5 requires that the commission's annual report, submitted to the Minister, shall be presented to Parliament. It is considered that this report is of sufficient importance to warrant its presentation to Parliament. Clause 6 is a drafting revision and simplifies the existing provision.

Clause 7 is concerned with the appointment of members and deputy chairmen of trade committees. Paragraph (a) permits public statutory corporations, as well as organizations of employers, to nominate persons for appointment as employer representatives of trade committees. Corporations such as the Victorian Railways Commissioners, the State Electricity Commission and the Gas and Fuel Corporation are among the largest employers of apprentices in the State but are at present unable to nominate persons for appointment to trade committees. Paragraph (b) removes restrictions on the qualifications of members of trade committes and enables the appointment of more than one member of either side who is not actively engaged in the trade but is an officer of an organized body of employers or employees. The commission has faced difficulties in obtaining nominations of appropriately qualified persons, particularly where there are two or more organized bodies of employers or employees concerned with a trade. Paragraph (c) inserts a normal type of provision for an acting appointment in this case when a deputy chairman of trade committees is unable to discharge his duties.

Clause 8 deals with the proclamation of trades as apprenticeship trades. One of the consequences of the proclamation of a trade as an apprenticeship trade is that it thereafter becomes illegal to employ improvers - that is, unapprenticed learners-at less than the tradesman's rate of pay. In other words, apprenticeship in that trade becomes

compUlsory. The commission believes it is desirable that while all trades in which there may be apprentices should be brought within the cover of the Apprenticeship Act, there are some minor trades, such as jewellery and locksmithing, in which parties may wish to enter a voluntary apprenticeship and in which such a voluntary arrangement would be more suitable. This clause will therefore allow the prodamation of a trade as an apprenticeship trade to also state whether the employment of unapprenticed learners is to be prohibited.

Clause 9 will speed the regula tionmaking process for a newly proclaimed apprenticeship trade by inserting provisions to permit the appointment of interim trade committees. It is desirable that conditions of apprenticeship be determined by regulation as soon as possible after the proclamation of a trade as an apprenticeship trade. As this normally takes some months of discussion and determination, the appointment of an interim trade committee is regarded as a most appropriate means of reducing the delay.

Clause 10 revises the general powers and duties of the commission, which have not been altered since the original Act of 1927. The revised powers and duties have been recommended by the commission after reference to similar provisions in the New South Wales Apprenticeship Act of 1969 and are more appropriate in the pres'ent circumstances.

Clause 11 repeals section 25 of the principal Act, which provides that indentures of apprenticeship shall contain provisions about sick pay and payment for holidays. These are matters specifi'ed in the determinations of wages boards or awards of the Commonwealth Conciliation and Arbitration Commission and it is therefore unnecessary to retain this provision.

Clause 12 makes it clear that the commission has no power to determine a dispute as to whether money


i~ due by an employer to his apprentIce. Appropriate remedies in these cases are available through the ordinary courts, as provided in sections 37 and 38 of the Act.

Clause 13 replaces section 33 of the principal Act, which at present prohibits the employment of improvers, or unapprenticed learners, as I referred to them previously, in apprenticeship trades. The new provision will allow the employment of unapprenticed juniors in minor trades in cases where the parties do not wish to enter into a voluntary arrangement of apprenticeship. A provision has also been included in subsection (1) of the new section 33 to prohibit the employment of persons under 21 years of age in the compulsory apprenticeship trades except as an applicant for apprenticeship employed on probation, an apprentice or a person who has completed an apprenUceship. Similar provisions exist in other States and the commission believes they wou~d be of value in Victoria.

Clause 14 contains formal amendments with respect to what used to be called Courts of Petty Sessions.

Clause 15 deals with draft regulations which the commission prepares. Paragraph (a) empowers the commission to' prepare draft regulations to require apprentices to maintain prescribed apprentice journals or log books. These journals are designed to provide improved communication and co-ordination between technical SChO'OI training and practical training on the job. Paragraph (b) is included following advice by the Subordinate Legislation Committee of this Parliament that the practice of prescribing rates of wages for apprenUces by reference to other rates may not be valid, and the new provision will cure this apparent defect.

Clause 16 is also concerned with regulations which may be made under the Act. Paragraph (a) enables regulations to be made prescribing expenses as weill as f'ees to be paid to members of the commission or

Mr. Hamer.

trade committees in connection with their attendance at meetings. Paragraph (b) will enable the commission to i~po'Se penalties on probationers t

that IS, applicants for apprenticeship employed on probation, as well as apprentices, for failing to enrol for or attend technical school classes to' which they have been directed.

Clause 17 repeals certain redundant provisions of the Employers and Employes Act which relate to apprenticeship.

Throughout my second-reading speech I have referred to the recommendations of the Apprenticeship Commission. The Government has adopted all of those recommendations and I personally support them. I commend the Bill to the House.

On the motion of Mr. SIMMONDS (Reservoir) , the debate was adjourned.


POLICE REGULATION (CHIEF COMMISSIONER) BILL. The debate (adjourned from

August 31) on the motion of Mr. Hamer (Chief Secretary) for the second reading of this Bill was resumed.

Mr. WILKES (Northcote).-When he introduced this Bill the Chief Secretary said it was a short one. It is; it has only three clauses. Unfortunately, it makes provision for the retirement of the present Chief Commissioner of Police, Mr. Noel Wilby. It is regrettable that the State will lose Mr. Wilby's services. He came up through the ranks of the Police Force and served in all ranks. Mr. Wilbv has served the Police Force and the State well and it is regrettable that it is necessary to pass this Bill to enable him to retire on account of ill-health before he would normally retire in 1973.

The Government acknowledges that under the present Act Mr. Wilby is entitled to all the emoluments due


to him as Chief Commissioner of Police until the time of his normal retirement in January, 1973. It was obvious from the strain that must have been placed on Mr. Wilby during his short term as Chief Commissioner that something had to be done to ensure that the work of the Chief Commissioner could be evened out and perhaps divided among some of the assistant commissioners to a greater extent than it was in the past.

Doubtless if the St. Johnston report had been available to Parliament and to the Government twelve months or two years earlier, Mr. Wilby's health might not have been impaired to the extent that it is today, because Colonel Sir Eric St. Johnston recommended that additional commissioners should be appointed. The Government has implemented this recommendation, and undoubtedly the appointment of two additional assistant commissioners will make the work of the Chief Commissioner much easier in due course. This should enable the Chief Commissioner to pay more attention to detail rather than to the actual work that has been expected of him under our peculiar system in Victoria.

The Government proposes in this Bill that a Chief Commissioner should be appointed for no longer than five years. The Opposition does not disagree with the Government; other appointments in the Victorian Public Service are made for specified periods. I do not know whom the Government has in mind to appoint in place of the present Chief Commissioner.

Mr. HAMER.-It could be anyone of 50 persons.

Mr. WILKES.-If the Deputy Premier receives 50 applications for the job I shall be surprised. I hope he does, because it will mean that at least 50 people still have faith in the Victoria Police Force and believe it can be brought up to the standard and pitch recommended by Colonel Sir Eric St. Johnston. I have no doubt that it can be. After having had the privilege of examining police forces elsewhere, I am convinced that

Victoria has what it takes to produce an efficient Police Force. Victoria has some very dedicated men in its force. Unfortunately, perhaps because of the ill health of the Chief Commissioner, from the top down the force has not been all that the Government would desire.

If the new Chief Commissioner happens to be in his 40s, there will be nothing to prevent the Government from reappointing him after his initial five-year term. If he is 60 when appointed, his services will not be retained after the expiration of five years. An appointment can be made for less than that period, but I do not imagine that the Government would consider appointing a Chief Commissioner for less than five years except for some extraordinary reason. I believe a five-year term is a good one. It will enable the Chief Commissioner to prove, not only to the Government but also to the Police Force, that he is capable of doing the job, and it should not detract in any way from the initiative or dedication of the assistant commissioners; possibly it could have the opposite effect.

In one recommendation Colonel Sir Eric St. Johnston suggested that the name " Chief Commissioner" was an anachronism and that the title should be "Commissioner of Police". I notice that the Government took heed of the recommendations for the appointment of assistant commissioners but took no steps to alter the title to bring it into line with that of the head of the force in other States and in most other countries in the free world. There is a good reason for Colonel Sir Eric St. Johnston's suggestion. The title "Chief Commissioner" implies that there is more than one commissioner, whereas the designa tion " Commissioner of Police" indicates emphatically that there is only one commissioner. The Chief Secretary might consider that recommendation.

In the interests of the Police Force and of Victoria, it is essential that the Government should appoint the best man available. Unfortunately, in the


past twelve months or two years, the force has suffered much bad publicity. The Kaye report, which Parliament will debate at some future date, reveals this. The findings of the Kaye report and the subsequent events that stemmed from it were also damaging to the prestige of the force. I hope that whoever the Government appoints, whether it be for a five-year term or less, wi'll be fully cognizant of the task before him. One of his principal tasks will be to restore the confidence of the public in the force, because there has been a steady diminution of confidence in it by the public O'f Victoria. It is the clear duty of the new Chief Commissioner to do all in his power to remedy this.

In his report Colonel Sir Eric St. Johnston made these points about the duties of a Chief Commissioner of Police, and outlined what the public is entitled to expect from its Police Force and what the Police Force is entitled to expect from the Government and the public. The recommendations are very clear and leave no doubt in my mind that if the public is satisfied that the police acknowledge what they are entitled to, this confidence between the public and the law enforcement body will result. Unless that factor is stressed by the Chief Oommissioner, confidence in the force will not easily be established in the public mind. I am sure the Chief Secretary is as much concerned as are the members of the Opposition and of the Country Party that the public shaJil have confidence in the State's law enforcement body. Although there are many shortc'omings in the Victoria Police Force, due perhaps not entirely to the police administration but to the fact that it has been imoossible to recruit sufficient police-Victoria is currently short of about 1,000 policemen-the main problem that I see is the relationship that now exists between the police and the public, and the police have the mammoth task of restoring confidence in the force.

Mr. Wilkes.

Members of the Opposition offer no objection to the Bill. It protects the rights of Mr. Wilby, whom we hold in very high regard. We believe the Bill makes provision for his just entitlements until the time that he would normally retire in January~ 1973, and also makes it easier for the Government to assist rather than control the new Chief Commissioner by making an appointment every five years.

If for health reasons the Chief Commissioner who is appointed under this measure is compelled to resign or retire before the expiration of his fiveyear term, he will be covered by the legislative provisions that will apply to Mr. Noel Wilby. Subject to that being so, we offer no opposition to the Bill. We do not envy the Government and the Chief Secretary-especially if there are 50 applications for the job-their task in making this very important appointment of Chief Commissioner of Police.


Mr. WHITING (Mildura).-Like the Deputy Leader of the Opposition, members of the Country Party are distressed that it has been necessary for the Government to introduce this Bill. Honorable members are aware that in the brief time that the Chief Commissioner of Police has occupied his position he has done a good job for the Victoria Police Force, and it is unfortunate that because of ill health he is unable to carry on. The honor· able member for Northcote commented on that part of Colonel Sir Eric St. Johnston's report which recommended the appointment of two additional assistant commissioners to take some of the pressure off any future Chief Commissioner. Legislation passed by Parliament during the last sessional period made this provision and it is sincerely hoped that it will have this effect. When the top-level administration of the force is functioning as envisaged it is hoped that the Chief Commissioner's work of administration


and attention to policy matters will be easier than it has been in the past. It is agreed that all the emoluments to which Mr. Wilby is entitled should be made available to him, and it is hoped that he will see out the remainder of his term in reasonable comfort.

The only query I wish to raise relates to the period of time provided in the Bill for the appointment of the new Chief Commissioner. The Bill states that the period shall not exceed five years. At times an appointment for a shorter period may be appropriate, and the measure in fact provides for just that contingency. The point that concerns my party is: Who is to decide the term for which the Chief Commissioner will be appointed? Whilst this matter could be better discussed in the Committee stage, I make the point now that there could be some doubt in the minds of applicants when they realize that the appointment could be for less than five years. It is hoped that such a situation will not develop, but as I read the Bill it is possible.

I raise another question. Will the Governor in Council, when making the appointment, look closely at the health of applicants and consider the long-term prospects of their health over a period of years? Because of the pressures under which the Chief Commissioner must work, the state of his health should, perhaps, be subject to closer scrutiny than it might have been in the past. This, of course, could raise certain difficulties.

Along with the Deputy Leader of the Opposition, I wonder why the recommendation of Colonel Sir Eric St. Johnston that the title of the position should be altered is not being implemented. The recommendation was that the title should be "Commissioner of Police" and that five assistant commissioners should be appointed. However, according to the terms of the Bill the title will remain" Chief Commissioner of Police", and that will be the position unless the measure is amended.

Members of the Country Party fully support the Bill, but have some doubts about its implementation, particularly the clause relating to the term of the appointment of any future Chief Commissioner of Police.


The Bill was read a second time and committed, pro forma.

Mr. HAMER (Chief Secretary) presented a message from His Excellency the Governor recommending that an appropriation be made from the Consolidated Fund for the purposes of this Bill.


The House went into Committee for the consideration of this Bill.


Clause 2 (Office of Chief Commissioner to be vacant).

Mr. HAMER (Chief Secretary).I wish to comment on several points raised during the second-reading debate. Firstly, I wish to thank honorable members for their support of the Bill. The principle of the way in which it is proposed to deal with the emoluments and advantages which could flow to the present Chief Commissioner is a fair one, and I join with other honorable members who have spoken in praise of Mr. Wilby for what he has done over many years in the force. It is a matter for regret that his health does not permit him to continue, but he is satisfied with what has been done for him in this Bill and the next step is to appoint his successor.

The question of the title of the Chief Commissioner was raised. It is quite true that Colonel Sir Eric St. Johnston recommended that the future title should be simply that of Commissioner of Police. The Government has reviewed that recommendation, along with all the others, and there is a strong feeling in the force that it is not right to make a change at


this stage. It may be that if we were starting from scratch we could call him the Commissioner of Police. He is the head of the force, he has a Deputy Commissioner and assistant commissioners, and it is not proposed to change the title.

The appointment of the best available man is needed for this post. Approximately 50 applications have been received both from inside and outside the force, including some from various parts of Australia, and it will be quite a difficult task to select the man best fitted for the job. It is hoped to obtain a highly competent man and that he will be able to fulfil the task which the Deputy Leader of the Opposition quite rightly outlined -that is, to maintain, and if possible, to lift the status and standing of the Victoria Police Force in the eyes both of itself and of the public of Victoria. I think that is beginning to happen, anyway, and I am quite sure that the new man will inherit a force which is full of potential. There are some very dedicated officers in the force and the new Chief Commissioner will have support in these objectives.

Up till the present the office of Chief Commissioner has been a life appointment and what has happened now illustrates that, under certain conditions, this can be a handicap. Many high appointments under the State Government are for a period of five years, or something of that sort, and it is appropriate that the Chief Commissioner of Police should be among those appointed for a fixed term. If for any reason a shorter time is desirable, or the Government wishes to make a change, it is free to do so.

Those are the reasons why the fixed term of up to five years is provided in the Bill. It is paralleled by many other provisions in many other statutes for similar positions.


Clause 3 (Power to appoint a Chief Commissioner of Police).

Mr. Hamer.

Mr. WHITING (Mildura).-In my second-reading speech I stated that members of the Country Party were somewhat concerned about the wording of this clause, which states-

Notwithstanding anything in the Police Regulation Act 1958 the Governor in Council may :appoint a person to be the Chief Commissioner of Police for such term not exceeding five years 'as he thinks fit as on and from such date 'as is specified in the appointment.

The Chief Secretary has stated that there may be occasions when a fiveyear period is not desirable and that some shorter period will be provided for.

Mr. WILKEs.-He did not say that.

Mr. WHITING.-The Minister indicated that there could be a period of appointment shorter than five years.

Mr. HAMER.-That is so.

Mr. WHITING.-This would make it rather difficult for some applicants who, if they were sufficiently youthful not to reach the age of 65 years before the end of the five-year period, might consider that there was some doubt about their ability if they were appointed for only three years at the time of their original appointment. The Chief Secretary mentioned that for some reason it might be necessary to terminate the appointment prior to the expiration of five years. The provisions of the Police Regulation Act contain sufficient scope for this to be done, because sub-section (l) of section 4 of the Act states that the Governor in Council may from time to time appoint a Chief Commissioner and may from time to time suspend, reduce, discharge or dismiss any such Chief Commissioner. Surely that provision covers the situation envisaged by the Minister. Under those circumstances, the wording of clause 3 seems odd to me.

I appreciate that if an applicant were 62 or 63 years of age his appointment should be for less than five years, but for a person less than


60 years of age I do not see why it is necessary to draft the clause in this manner. However, members of the Country Party trust that when such an appointment is to be made the Governor in Council will give serious consideration to the matter and to all possibilities that may eventuate and give some cognizance to the different terminology having in mind the provision which already exists in the Police Regulation Act. I should be grateful if the Chief Secretary could indicate to me the need for the additional stricter wording provided in this clause.

Mr. WILKES (Northcote).-Members of the Opposition have no objection to the clause as drafted. There may be circumstances in which a Government wants to make an appointment for a period less than five years or it may see fit to terminate an appointment for reasons unknown to us now but reasons which may arise from time to time during an appointment or before an appointment. For instance, if the Government in its wisdom decided to appoint Colonel Sir Eric St. Johnston, who is probably about 60 or 61 years of age, for a period of two or three years to implement the provisions of his report, I consider that it should be competent to do so without any inhibition or restriction in the Act. Therefore, members of the Opposition consider that the clause which allows the Government to make an appointment for any period between one and five years is necessary.

Mr. AMOS (Morwell).-In recent weeks I have been disturbed at certain press reports which have given the impression that the Governor in Council may decide, in its wisdom or otherwise, to go outside the Victoria Police Force for the appointment of a Chief Commissioner of Police. I remind honorable members that some time ago a former Chief Secretary indicated that there would be no need in the future to go outside the Victoria Police Force for such an appointment.

Sir HENRY BOLTE. - The Cain Government did.

Mr. AMOS.-The recommendations of the St. Johnston report deal with the reorganization of the Victoria Police Force and include a recommendation that the Governor in Council should give due consideration to the quality of the police and to their appointment.

Mr. HAMER (Chief Secretary).All I want to say about this provision is that it is intended to give reasonable flexibility to this or any other Government in the appointment of a Chief Commissioner of Police. It is impossible to say in advance what different conditions may exist which would make an appointment for less than five years desirable. It may be the age of the person appointed; it may be all sorts of reasons, but in the normal course one would expect, as with other senior appointments under the Government, that the appointment would be for five years. I give an assurance that in the normal course we would be looking for someone who would be appointed for a fiveyear period and not for short spells. But a Government of the future may not want to have its hands tied in making an appointment.

In answer to the Deputy Leader of the Country Party, I stress that this condition applies on appointment; that is to say, it is intended that the term shall be set when the appointment is made. The provision to which the honorable member referred in the Act is one which allows an existing appointment to be terminated, falling short of the full term. It is mainly, I should think, intended for disciplinary, health or other such reasons. It refers to suspension, discharge or dismissal, and it is obvious that it was meant to deal with an unfortunate case where it might be necessary to step in and remove a Chief Commissioner from office. The clause we are dealing

228 Votes on [ASSEMBLY. J Account.

with allows the Government full flexibility in making an appointment for any term up to five years, this period being the expected norm.

Finally, on the question of the selection of a new Chief Commissioner there is only one guiding principle for the Government-it wants the best man available. We have, therefore, invited applications, which have come from both inside and outside the force. It will be the duty of Cabinet, in the end, to select the best man offering his services for this post. Naturally, people inside the force have certain advantages inherent in that, and that will be taken fully into account, but we want the best man for this important post.




This Bill was received from the Council and, on the motion of Mr. RAFFERTY (Minister of Labour and Industry), was read a first time.


This Bill was received from the Council and, on the motion of Mr. HAMER (Chief Secretary), was read a first time.


This Bill was received from the Council and, on the motion of Mr. DUNSTAN (Minister of Water Supply), was read a first time.

VOTES ON ACCOUNT. The House went into Committee

of Supply for the further consideration of the motion of Sir Henry Bolte (Premier and Treasurer) that a sum not exceeding $185,996,800 be

granted to Her Majesty on account for or towards defraying expenses for the year 1971-72.

Mr. HOLDING (Leader of the Opposition) .-In his speech the Treasurer indicated that this was the normal Supply Bill providing for the expenditure requirements of the departments for the months of October, November and December. There is at present on the Notice Paper a substantial Budget document which provides the principle upon which the Government has allocated various aspects of expenditure. On this occasion, Opposition members do not propose to make the Supply debate the major occasion for attacking the principles of expenditure. We will follow a course whereby individual members may, if they choose, use the Supply debate to raise particular items relating to problems they wish to bring to the attention of the Government.

During the Budget debate, which will be resumed tomorrow and will probably take up the rest of this week and part of next week, members of the Opposition will state frankly the basis upon which they believe the Government is acting on wrong principles in the provision of financial resources. Members of the Opposition will also indicate the areas of discrimination in terms of priorities of expenditure. Therefore, they will approach this Supply debate on the basis that it is not a major issue, and they will not make it an issue of confidence. The Opposition would prefer public servants to sleep securely in their beds in the knowledge that provision will be made for their salaries for the next three months. If the Government is to fall, let it fall on the principles enunciated by the Premier and Treasurer in his Budget speech. That is the basis on which the Opposition will deal with this measure.



Ways and Means. [7 SEPTEMBER, 1971.] Groundwater (Amendment) Bill. 229

WAYS AND MEANS. The House went into Committee

of Ways and Means.


That, towards making good the Supply granted to Her Majesty to the service of the year 1971-72, the sum of $185,996,800 be granted out of the Consolidated Fund of Victoria.

Mr. HOLDING (Leader of the Opposition) .-1 refer formally to pay-roll tax and to the fact that members of the Opposition will elaborate their views on this matter during the Budget debate. I point out that Division 45B of the Supply schedule provides for a sum of $4,430,000 for pay-roll tax payments on account of State departments. I understand that this is largely a book-keeping entry, but at the same time whatever might be the merits of this book-keeping system and whatever information it might ultimately provide in the long term for the Government Statist, members of the Opposition strongly oppose the concept that State Government departments should pay pay-roll tax to the Government. Thus they are opposed to this item.


SUPPL Y (OCTOBER TO DECEMBER) BILL.





The debate (adjourned from August 31) on the motion of Mr. Dunstan (Minister of Water Supply) for the second reading of this Bill was resumed.

Mr. FLOYD (Williamstown).-I have been given the honour of debating this Bill for the Opposition because I mothered the original Bill through this House when, at long last, during the last sessional period the Government decided to take some interest in groundwater. Victoria's records in relation to surface water and streams is the envy of the world, despite the fact that it has kept these records for only 100 years. Impeccable though these records are, for many years this State took no interest in groundwater.

Other Australian States, particularly Queensland, have of necessity to take account of groundwater supplies. Victoria, with some of the best rivers in Australia, did not worry about this supply. When the principal Act, then the Groundwater Bill, was debated in this House, I contributed to the debate on behalf of the Opposition because I was interested in water supply and because I believed that at last the Government had realized that although most of the water that fell on the continent, particularly on the mountains and that which came from melting snows, ran into the rivers and flowed out to the sea, some of this water flowed underground into aquifers. The Government decided that it would have to do something about regUlating-even regimenting --control of the water that came out of the ground.

The principal Act was a good measure which was refined by contributions from members of the Opposition. Because the attitude of the Government in regard to groundwater is a new departure from its usual policy, members of the Opposition are benevolent in their attitude to this Bill. The three amendments contained in this measure are of a machinery

230 Groundwater [ASSEMBLY.] (Amendment) Bill.

nature to which members of the Opposition do not object. Groundwater supplies must be regulated. As I pointed out in my contribution to the debate on the Groundwater Bill during the last sessional period, the people who drew water from the ground by means of windmills got only their fair share. However, the big companies that came along with their electric pumps drew more water from the ground than they were entitled to. They do not know from where they are getting the water; it could be quite a distance from where they have put down their pumps. At Nhill water was being drawn from underground but people some distance away put in electric pumps and drew the water away from the township.

The Opposition agrees with the amendments which are now before the House, and which introduce something new in relation to groundwater. If the procedure in the parent Bill is not correct, the House should make amendments to it. The Opposition believes that the amendments are progressive. The first two clauses are machinery clauses, and the third provides for a situation in which there is a large number of bores at a particular place. Instead of going through statistics and working out which bore produces the water which goes to a common outlet and whether a particular licence fee should be charged for each bore on a farm, the Bill adopts the system used by the Commonwealth Government in relation to domestic, transistor and motor car radios, namely. it groups them under one licence if they are owned by the one person.

The Opposition does not object to this measure; as a matter of fact, for once, the Opposition thinks it is not too bad. In the past, Victoria has had ample surface water, but in the future it may have to depend upon groundwater. Because of that, the Opposition regards this as a progressive step and one which makes the Bill which was passed by the Parliament a couple of years ago

Mr. Floyd.

worth while. As the late Sir Herbert Hyland would have said, "It is a worth-while Bill".

Mr. TREWIN (Benalla).-The Country Party is also delighted with the amendments contained in this measure. I agree with the honorable member for Williamstown that this is a progressive step, because it ensures that an individual whose application for a permit is refused has the right to appeal.

A great deal of interest has been taken in the subject of groundwater since the enactment of the principal Act, and I feel sure that the previous Minister of Water Supply is keenly interested in this amendment.

It is heartening to see that we are doing something constructive with an important natural resource. We know very little about groundwater and of the huge aquifers in this State. Their sources of supply are unknown, and I feel sure that this will be a matter of keen interest to our geologists and conservationists. I recently visited Central Australia and saw the great aquifer in the centre which supplies water for pastures, especially lucerne, for the feeding of cattle in the area. If we are able to make as much use of groundwater in Victoria as is made of it in Central Australia, we shall be well rewarded.

The provisions of this measure indicate that primary producers have made progress in the use of underground water, and I feel sure that the honorable member for Gippsland West will be able to inform the House concerning what is taking place in this regard at Koo-Wee-Rup.

In parts of the Murray Valley underground water irrigation systems are in operation. As the water is only 20 to 25 feet below the surface, it can be tapped and used for irrigation economically. Modem electric pumping equipment enables several bores to be linked together in one system, and this will be permitted by the addition of the words "or group of bores" after the word

Groundwater [7 SEPTEMBER, 1971.] tAmendment) Bill. 231

" bore" as is provided in clause 4 of the Bill. It will be possible to operate a complete unit on a property provided that it is approved by the Mines Department and the State Rivers and Water Supply Commission. Part of the Groundwater Act is administered by each body. Permission must be sought from the Mines Department for the sinking of a bore, and it is necessary for the State Rivers and Water Supply Commission to ensure that there is an adequate supply of good water. The Country Party does not object to the Bill; it regards it as a progressive step in the use of the natural resources of this State.

The north-eastern part of Victoria has a great deal of water, and there are many storages in the area which prevent water from flowing into the sea during the winter. I believe that these storages should be examined to see what is their effect upon our groundwater supplies in the northern part of the State.

Mr. MACLELLAN (Gippsland West).-The area I represent includes Koo-Wee-Rup. It is an area which contains the largest number of water bores in this State and which has the largest output of underground water. Although the Minister is to be commended for introducing this Bill and the amendments it contains, I remind the House that Mr. Sam Mure of KooWee-Rup is one of the originators of this measure, because he appealed to the tribunal. He had the courage, after making this application, and having it refused, to appeal. He paid for legal representation before the tribunal, but the State Rivers and Water Supply Commission, through its legal representatives, submitted that the tribunal had no jurisdiction to hear the case. Mr. Mure's case has never been tested on its merits, because of that refusal to hear it. It was found that there was no right of appeal. This Bill corrects that mistake or that aspect of the earlier legislation, and I welcome it, as, apparently, the Opposition and the Country Party do.

It is felt that people should have the right of appeal in this situation, although not everybody has analysed what that could mean in relation to a conservation area. That could be a different problem, and one which, perhaps, it is not appropriate to canvass at this stage. I represent the only conservation area in the State, and there are several limitations in allowing appeals in these areas. I welcome the fact that such appeals will be allowed in the future, but I do not know that other members who have conservation areas proclaimed within their electorates will welcome this amendment.

Mr. Mure's application was for him to close a bore and put down another one. He wanted to substitute a bore on fresh land on which to grow a potato crop; and the whole difficulty arose from the fact that the State Rivers and Water Supply Commission has its views and policy that unless a property owner transfers a bore on the one title or property he is not allowed to move from one piece of land to another. Because of the attitude of the State Rivers and Water Supply Commission, Mr. Mure was not allowed to move to a paddock he owned up the road which was not next door to or part of the main property. This is a pattern which has been repeated time and again in the Koo-Wee-Rup area where, originally, properties were quite small and where people's properties were distributedthat is, they might have owned a paddock here and another paddock somewhere else. Large, contiguous properties are not common in the area. It appears that wealthy people who 'Own large slabs of land are tolerated by the commission so far as the moving of bores from one place to another is concerned, but in regard to others the policy of the State Rivers and Water Supply Commission is that you may not close a bore and move to another site, even though the total extraction from the aquifer may be the same. The commission seems to apply as an analogy its policy towards diverters from rivers-that of not allowing people to move the site of diversions.

232 Governor's Speech " [ASSEMBLY.] Address-in-Reply.

The diversions are done to a timetable as the water flows downstream and if somebody moves downstreani from ~ne place to another, it upsets !hat tImetable. That may be sensible In regard to a river, but is it sensible in regard to an underground aquifer where there is no such timetable or arrangement? We are fortunate in having a Minister who represents a part of the Koo-Wee-Rup swamp--or the sandy parts of it which are close to and have a great relationship to it. It could well be the intake area for the aquifer.

Th~ Minister's knowledge of the area IS unparalleled. He has known it for many years and he knows its problems. As the one who introduced the Bill to the House and as the author of the amendment, the Minister deserves full credit. Mr. Mure deserves credit f?r being a man who, although not havmg an Anglo-Saxon name, has shown the courage of an Anglo-Saxon person. Thank goodness he had the courage to do what he did. He tested the law and found it wanting, and he raised the matter with the Government, seeking an amendment to the Act. He has lived to see the day when the amendment he sought is passed by this House. I am delighted that, at least, he will be the author of a successful amendment to the Act, even if he never gets the bore for which he applied.

I hope the State Rivers and Water Supply Commission may be inspired by the Minister to review its policy in relation to the closure of one bore and the opening of another, so that the agricultural use of land in Koo-Wee-Rup, a conservation area will not be disturbed and wili not be subject to strains and disorganization simply because, it appears, the commission has made a false analogy of the situation with diversion from rivers.


The Bill was read a second time and passed through its remaining stages.

Mr. Maclellan.


The debate (adjourned from September 1) on the motion of Mr. C:rellin (Sandringham) for the adoptIon of an Address-in-Reply to the Governor's Speech was resumed.

Mr. WILKES (Northcote}.-The debate on the motion for the adoption of an AddFess-i?-Reply ~is traditionally a debate m whIch parties swear their allegiance to Her Majesty the Queen. It goes without saying that the OppOSition shares with the Government Clnd the Country Party their allegiance to Her Majesty. It always amazes me that the Government has the gall to ask His Excellency, when opening Parliament, to apologize for its not standing up to the problems facing the State. This occasion was no exception. His Excellency graciously read a Speech, which appeared to have been prepared by some backbench member of the Government party, on what the Government proposes that Parliament should do this session. One is amazed at its inconsistencies and the absence of any policy on the major problems facing the State.

Mr. BILLING.-A back-bencher would not do that.

Mr. WILKES.-I strongly suggest to the honorable member for Heatherton that if he had written the Speech ~e would have made a better job of It than whoever wrote it for the Government. The Speech is an apology for the Government rather than proposals of what the Government intends to do or should be doing. Of course, I do not hold this against His Excellency, who is compelled to act on behalf of the Government and who did so very graciously. In his Speech, His Excellency said-

Following the amendment of the Town and <;ountry: Planning Act, statements of plannmg polIcy have been approved in respect of the conservation of the Mornington Peninsula, the protection of the Dandenong Ranges and the protection of the beautiful Yarra Valley. These statements of policy provide a broad basis for over-all resources and d~velopI?ental planning by all public and private mterests.


If any Government has ever failed to in its various fields of 'activity. Regionaliza-do anything about planning in such tion of the full r,ange of its services and

the . co-ordination of these with other instances, it is the present Govern- departmental, municipal and voluntary ment. It is of no use His Excellency services are prominent features in the speaking of what the Government planning. intends to do. The Yarra Valley has The Government has gradually bealready been despoiled because of the come aware of "planning" as a Government's lack of interest. I am word and is now using it on every not as well acquainted with the Mom- possible occasion. His Excellency ington Peninsula as is the Minister went on to say that Geelong and of Water Supply. If the honorable Preston have been selected as the gentleman were truthful, he would first areas to be developed as resay that he is most dissatisfied with gional centres for social welfare. the lack of planning for the Morning- The Government knows that there ton Peninsula, particularly over the are dozens of regions which should past ten years. He would tell us of be developed in this way. Each all sorts of quarrying at places municipality is a region in .itself and such as Red Hill, for which the should have a social worker in its Government has accepted no responsi- own right to co-operate with the bility. All of a sudden, we are told Social Welfare Department. But, that all planning will be up to scratch. what is the attitude of the Treasurer

Mr. DUNSTAN.-Planning has been and the Minister for Social Welfare going on for some time. to municipalities which employ social

welfare workers? The honorable Mr. WILKES.-Not because of,. gentlemen say they can have them

but in spite of, the Government. so long as they pay for them. There Planning has taken place because was a time when the Federal Governlocal authorities have been more ment should have been induced to conscious of the need for it than this subsidize the cost of municipal social lazy Government has been. The~e. is workers. Because of ineptitude and evidence that, where local authOrities backward thinking the Victorian have been given the right to plan, Government refused to impress on the proposals for the future have at the Federal Government the dire least conformed with the best plan- need for this subsidization. ning ideas. To suggest that, now, everything will be all right in the Dandenong Ranges, on the Mornington Peninsula, and in the Yarra Valley, because the Government is showing some remote interest in these places, is ridiculous. The Government has received advice on the Yarra Valley from committees and other organizations for many years, but, despite this, rapacious developers have been making inroads on areas which should have been set aside for posterity. I warn the Government that it must do something before it is too late. The problem has existed for a long time but it has taken until now for the Government to realize that. His Excellency also said-

The new Ministry of Social Welfare, which became operative in January, is pre-paring a programme of future development

Se.s'Sion 1971.-9

Instead of having a "one-stop" welfare system, people who need assistance must trudge to the local town hall to ask where they can go. lf the municipality cannot afford a social worker, these people are shunted to the Social Welfare Department and then perhaps to the Commonwealth department. The Minister knows these problems because he has been told of them by the honorable member for Brunswick East and other honorable members. But what does the Government propose to do about social welfare during this session? The Government intends to spend less on social welfare than it intends to spend on law enforcement. In saying this, I do not criticize expenditure on the Police Department because that department has been suffering from lack of money for the past ten years.

234 Governor's Speech : [ASSEMBLY.]' ,; . Address-in-Reply.

However, if this is not putting the cart before the horse, I do not know what is.

There is a great need for welfare services at a municipal level. The Commonwealth offered subsidies for the employment of social workers at elderly citizens' clubs. Although the Opposition did not accept the view that every elderly citizens' club should have a social welfare officer: it promoted the view that a social worker should be employed at every town hall. The Government could not see this and the Commonwealth offer went by the board because the Government neither accepted it nor made any alternative suggestion. Many municipalities cannot afford to employ social workers. They would have to increase -rates to pay for them and to provide the services which are clearly the responsibility of the Government.

There are many other inadequacies in the field of social welfare which will be dealt with by the honorable member for Brunswick East· at the appropriate time. At present, I merely say that any regiona~ services in Geelong and Preston Will represent only an apology for what the Government should be doing. Does the Government expect people to come from Collingwood to Preston, or from the surrounding districts to Geelong, begging for social welfare services or the counsel to which they are entitled? If this is the best that the Government can do, it falls a long way short of the ~ormal requirements of the co~unIt¥. I urge the Government to gIve serIous consideration to the Governor's comments in respect of social welfare for the ensuing year. His Excellency said-

The Ministry will in future administer the school attendance provisions of the Education Act certain parts of the Adoption of Children' Act, and that section of the Mental Health Act relating to security prisoners.

I should have thought that it would be normal for the Minister or his department to act in this manner since the inception of the Ministry of Social Welfare, but, of course, honorable

Mr. Wilkes.

members must be patient with the Government. It takes the Government a long time to do what is required in the community; it is always behind.

In his Speech, the Governor also stated that general hospital facilities are being steadily developed to match the needs of a growing population and that special attention is being given to the provision of facilities for the care of old people, particularly the frail and infirm, but that is not the case. The Government has had ten years in which to take suitable action on behalf of the frail aged in the community. In this respect, the Commonwealth Government offered assistance in the form of a subsidy, but the Minister of Health and the Treasurer refused to accept it. Of course, I do not blame the Minister for this situation. Obviously, the Treasurer pinned the honorable gentleman's arms behind his back and told him that he could not accept the Federal assistance because it would be necessary for the State to find one-half of the money that would be expended.

The Government is boasting that it will take action with respect to hospitals. I invite honorable members to consider the current position. The Preston and Northcote Community Hospital, which is a large hospital serving areas represented by the honorable member for Ivanhoe, myself and other honorable members, provides an excellent service in the community. In a letter written to me on 26th August, 1971, the president of the Preston and Northcote Community Hospital states-

Attached are some statistics relating to capital money spent on new buildings, additions, and major alterations at eight Victorian public hospitals. It is apparent from these that PANCH has been very much the Cinderella of the field.

Also attached are the executive director's projections on population figures for some of the areas served by PANCH. While we do not attract the whole of the population of Coburg, he believes that the patients we get from Broadmeadows and Diamond Valley would more than compensate for those we do not get from Coburg.

Governor's Speech: [7 SEPTEMBER, 1971.] Address-in-Reply., 235

In all the figures he has been deliberately conselVative, so that no one can accuse the hospital of being unrealistic. Each week, because of lack of beds, we tum. away an average of 25 medical and surgical patients who urgently require admission to hospital.

Mr. BILLING.-Where do they gD?

M'r. WILKES.-They must wait until anDther hDSpital will take them. The hDnDrable member fDr Heatherton has been running a~Dng behind ambulances IDng enDugh to' knDw that. The president Df the Preston and NDrthcDte CDmmunity HDspital further states in his letter-

Th'ere are also many hundreds of patient& in the area who require hospital admission, but whose doctors do not even trouble to try to have the patients admitted here, because they know the pressure under which we operate.

Of CDurse, the president Df the hDSpital is referring to' the pressure under which the hDspital must operate.

In addition we are able to accept bookings from only a fraction of the midwifery patients who would like to be confined here.

These patients go to' private hospitals where they are fDrced to pay mDre than they would pay if they were treated in the public sectiDn or any other section at the PrestDn and Northcote CDmmunity Hospital or at anDther public hDspital. This impDses an additiDnal burden on the patients cDncerned and on every teaching hDspital in and around the metrDpolitan area. The letter pflDceeds-

In the last financial year we admitted more than 12,350 patients, and had a bed occupancy of 87·9 per cent. This is an extremely high figure when weekends and holidays are taken into account. The average length of stay was 7· 9 days, the second lowest figure recorded in Victoria.

There is no dDubt abDut what the hDspital is dDing.

We are thus making the best possible use of the facilities available. However, the Geelong Hospital with 460 beds for a population selVed of around 125,000 has spent $3,610,000 on new buildings, additions, and major alterations in the last eight years. PANCH, with 302 beds for a population served of 250,000, has only been permitted to spend $963,000 in the same period. Box Hill Hospital has spent more than twice as much as PANCH. Geelong. almost four times as much.

The hDSpi tal believes very strDngly that pDlitical inferences to' be drawn from these figures are inescapable. There is nO' doubt that areas served by GDvernment suppDrters ~re better catered fDr by the Government than areas served by OppDsi tiDn members. This political inference can be drawn from -the facts that are available.

Mr. JONA.-The areas to which you refer are better served by their members of Parliament.

Mr. WILKES.-The only people whO' can determine that are the electors. If it were not for the fact that the GDvernment has gerrymandered the electorate to such an extent that the electDrs dO' nDt have a fair say, they wDu~d be mDre definite in their attitude cDncerning whDm they want to' represent them. Realizing this, the GDvernment refuses to acknDwledge the right of electDrs in this regard. Because Df the gerrymander, GDvernment members CDnsider themselves to be safe, much to the discDntent of the peDple such as those whO' are running the Preston and NDrthcote CDmmunity HDspital fDr the benefit of 250,000 people that it serves. It is of no use the Government saying that it is prepared to take certain action for hospitals unless it is more specific in its pronouncement concerning what will be done for health and mental health and what will be done for the frail aged. It is of no use His Excellency reading wha t he has been forced to' tell the people on behalf Df the lazy and incompetent Government.

In his Speech, the Governor also referred to' the frail aged. A case has been prepared by people who are concerned about the lack of geriatric hospital accommodation for the aged in the nDrthern area and this has been submitted to' the Government and to' the Minister of Health. who has been good enough to listen to' it. A watertight case has been submitted to' the hDnorable gentleman for the establishment of a geriatric hospital in the police paddock at BundDora. The honorable member

236 Governor's Speech : [ASSEMBLY.] Address-in-Reply.

for Preston has raised this question in the House on at least one occasion. The Minister of Health has made all sorts of pronouncements concerning what the Government will do in the future, but if honorable members can rely on His Excellency's Speech, nothing specific is proposed.

Is it the Government's intention to build a geriatric hospital in the police paddock at Bundoora? Such an establishment is urgently required in the northern area. Geriatric patients are now being zoned and because of this peculiar zoning system sponsored by the Government, patients from northern areas cannot be admitted to Mount Royal Hospital for the Aged. I invite honorable members to consider the waiting time for geriatric beds. On 20th October of last year, I asked a series of questions on notice concerning the availability of beds for frail aged persons. I asked the Minister of Health-

1. How many geriatric beds are provided by hospitals in Victoria and where are they situated?

2. What is the bed availability in each case and what is the waiting list?

3. What was the total increase of beds in each hospital in each of the years 1960 to 1970 inclusive?

The amazing answer reveals a disgraceful situation. A total of 4,414 geriatric beds, consisting of 1,911 in the metropolitan area and 2,503 in country areas are provided by public hospitals and special hospitals for the aged in Victoria. The Minister's reply stated-

In addition, approximately 4,400 elderly people patients are accommodated in private hospitals, comprising 3,400 in the metropolitan area and 1,000 in country areas. The totals of geriatric beds available are 5,311 in the metropolitan area and 3,500 in country areas. The total number of beds for aged people in special hospitals for the aged, benevolent homes, public hospitals, private hospitals and hostels is 16,223.

The Minister further intimated that bed availability varies from moment to moment. Opposition members do not understand why the bed availability should vary in this way but we

Mr. Wilkes.

must accept the Government's. statement that it does. The answer proceeded-

It is . also affected by renovations, painting, and maintenance programmes :and is related to recruitment of staff and industrial problems. Generally, these beds are fully occupied.

The reply indicated that in the metropolitan area no fewer than 5,505 frail-aged geriatic patients were waiting for beds. This was the position in October, 1970, and I challenge any Government member to prove to the House that the number has not increased since then.

Mr. BORNSTEIN.-The number has skyrocketed since then.

Mr. WILKES.-That is so.

Mr. RAFFERTY. ~ The honorable member for Brunswick East is always up in the air.

Mr. WILKES.-The Minister of Labour and Industry is concerned only about increasing trading hours and working hours. The honorable gentleman should come down to earth and consider the problems that confront the unfortunate people, although possibly there are no such problems in his electorate. Many frail aged persons who need earnest consideration live in electorates represented by Opposition members. If the Minister wants to treat the matter in a cavalier fashion, that is his business, but Opposition members treat it seriously. The Government had the temerity to expect His Excellency to put forward a windowdressing front whereas it should have taken action to remedy the situation. The Government is hiding behind the Governor because of what it has not done. In country areas, the waiting list for geriatric beds is 1,555. The total number of frail aged and geriatric patients waiting for beds in Victoria on 20th October, 1970, was 7,060 and it is probably in excess of 8,000 today. There has been no suggestion that the Government will accept the proposal put forward by the

Governor's Speech: [7 SEPTEMBER, 1971.] 'Address-in-Reply~ 237

Opposition to establish a geriatric centre at Bundoora to cope with some of these problems.

Where is the Government spending its money? It is spending a few more dollars on education and the Police Force, but this is merely to meet increased salary payments. Hospital facilities will be no better this year than in previous years. Members of the Opposition want them to be better, but the position has deteriorated to such an extent that instead of 7,000 people waiting for beds in geriatric hospitals there are now 8,000 waiting.

On 20th October, 1970, I asked the Minister of Health the following questions-

1. What total number of beds is available for the frail aged in Victoria and where the beds are situated?

2. What increases lin the number of beds have been effected in each location in each of the years 1960 to 1970, inclusive?

I thought the period 1960 to 1970 would give the Government the opportunity of showing Parliament and the people of Victoria what it has achieved in this sphere in this period. I also thought it was a fair question. In addition, I asked-

3. What was the waiting list and availability of beds in each of the years 1960 to 1970, inclusive?

Again, I gave the Government the opportunity of boasting about its achievements, but it pains me to read the answers to those questions. These are the stark facts. The number of beds available for the aged in public institutions in Victoria is 7,094 in the metropolitan area and 4,729 in the country areas, making a total of 11,823. The Minister also said that private hospitals accommodate an additional 4,400 aged people. At whose expense are these people accommodated? It is at the expense of their children who put them into these hospitals. They do not obtain this accommodation because of the beneficence of the Government or through their own endeavours. In his answer the Minister said, " Bed availability varies

from moment to moment." I do' not know what the phrase "moment to moment" means.

Mr. DOUBE.-It sounds like a forgotten fragment of a poem.

Mr. WILKES.-It certainly does. In his answer the Minister further stated-

2. Increases in the number of beds were-

Year. 1961-62 1962-63 1963-64 1964-65 1965-66 1966-67 1967-68 1968-69 1969-70

Metropolitan. 134 236 431 322 311

3 659 475 441

Country. 168 354 169 16

385 88

136 141 123

This is the key to the argument. No records of waiting lists are available prior to 1965. Insufficient beds were available but the waiting lists were recorded as follows:-

People. y.ear. Metropolitan. Country. 1965 Approx. 2,000. 1966 1,735 1,264 1967 2,394 1,441 1968 3,066 1,587 1969 3,483 1,728 1970 5,505 1,555

In 1965 the Government made an extra 300 beds available but the waiting list was 2,000. Those figures illustrate the record of this Government in providing hospital beds for the aged, the frail aged and geriatric patients. No one should be proud of that record, yet the Government had the audacity to state in His Excellency's Speech what it proposed to do in this field without first advising the people of Victoria how badly it had fared in the past. I am prepared to listen to any Minister defend those figures, which were supplied to me by the Minister of Health. In his Speech His Excellency said-. The general programme to rebuild the

Alfred Hospital, a major medical teaching institution, is continuing, with the main ward block now under construction. When completed, the hospital will provide some 800 beds in all.

That has nothing to do with the 5,500 frail aged who are waiting to get into hospitals in Victoria. It has

238 Gl?vernor's Speech ... : [ASSEMBLY.] .Address-in-Repl)'~

certainly nothing to do with the problems being faced by the Preston and Northcote Community Hospital, which is not allowed to spend another $1 unless it obtains approval from the Government. If the Government displayed any wisdom in its planning for .medical health it would encourage the Preston and Northcote Community Hospital, the Footscray and District Hospital, the Box Hill and District Hospital and other community hospitals by giving them capital grants to enable them to increase their bed capacity so that they could relieve the disgraceful situation that exists in Victoria. It is all very well for the Premier to say that there will be no increase in hospital fees this year; the people of Victoria have been costed out of hospital care because of the fees charged for public, intermediate or private beds. It costs the average wage earner $117 a year to ensure himself and his family for hospital and medical benefits. The average worker is expected by the Commonwealth and State Governments to pay more than $2 a week to insure himself and his family against sickness and hospitalization.

Mr. BURGIN .-It is worth while.

Mr. WILKES.-I agree, but the cost has reached the limit. The average person cannot pay any more for this service and the Government should take this into consideration. These are the matters that the Government should advise His Excellency to refer to instead of this tripe that it writes for His Excellency in his Speech. Those honorable members who have examined the Speech are amazed that it contains nothing but praise for what the Government has done. Honorable members could speak for hours on the inadequacies of this lazy and incompetent Government.

Elsewhere in the Speech there is rflference to the Koo-Wee-Rup area and a couple of other areas that the Government thinks are important to it. His Excellency also said that the Board of Works and the Country Roads Board were actively pursuing

the Government's policy of providing freeways to serve the needs of motor transport. A scant examination of the freeway system in Victoria would reveal that it is not a freeway system in the strict meaning of the term. Every freeway leads to a bottleneck and every bottleneck causes traffic congestion. The Government should give consideration to developing public transport systems instead of building more freeways. Other countries have seen the futility of building freeways. Recently I read an article in which it was stated that the Premier agreed that freeways were not the answer to Victoria's transport problems, but one would think from reading the Governor's Speech that Victoria has freeways comparable with those in Los Angeles and other great cities of the world, whereas Victorian freeways run into dead-ends because they are constructed by a dead-end Government.

A progressive Government in Victoria would include in its policy a plan for the redevelopment of the public transport system. The Government should forget about the motorist for a while. Its only interest in the motorist is to tax him. The Victorian motorist is the Government's main source of revenue. If there is to be an increase in taxes, the motorist is the first to suffer. However, no consideration is given to the redevelopment of the public transport system.

The Government has been presented with a report by the Victorian Railways Commissioners in which the commissioners advised the Government that there are gross inadequacies in the Victorian railway transport system. Recently I asked the Minister of Transport whether he was aware that some of the rolling-stock that is being used in Victoria is obsolescent and unsafe for people to travel on. The Minister replied by saying that he was aware that some of the rolling-stock was obsolescent but he was not sure that it was unsafe

Governor's'Speech: [7 SEPTEMBER, 1971.] Address-in-Reply. 239

for people to travel on. In their report to the Government the Railways Commissioners stated-

There are very substantial costs .involved m the extensive special measures required to keep our wooden bodied suburban carriages in service. The oldest of these carriages, built in 1887, are now 84 years old and even the newest, apart from a few built in the immediate post-war years, is now 43 years of age. It must be pointed out that overseas jractice is not to operate wooden bodie vehicles at all and to scrap steel bodied units after a maximum life of 35 years.

The Government is so far behind that it thinks there is no danger to people who travel on some of these antiquated wooden carriages. The commissioners are prepared to report to the Government in this vein. They say-

These excessive costs which will continue and increase are due in general to:-

1. The wooden bodies which have long passed their economic life and require continual reconstruction and strengthening to keep them in an operable condition.

2. The electrical equipment which has mostly been in service for nearly 50 years. The traction motors have already been rebuilt once after 25 to 30 years' operation and are already showing signs of needing the same procedures again. Due to age continued replacement of parts of the wiring and control equipment is also taking place.

3. The type of mechanical equipment and brake gear, including brake blocks, requires considerable periodic maintenance to keep it operating properly.

Are these some of the causes of the derailments? These questions should be seriously considered by the Government. We are asking the questions, and we expect the Government to provide the answers. The report continues-

4. The old carriages being heavier than their modem counterparts, use proportionately more power. It will be realized that by far the majority of the power used is required to move the train rather than the passengers.

In particular it is estimated that the cost of maintaining the carriage bodies will increase at the rate of 5 per cent per annum over the next ten years and 10 per cent per annum thereafter. Quite apart from this increase we will have to spend another $9,000 per carriage for each and every vehicle which we require to remain in service after 1985 and this expenditure will

have to commence by about 1976 if we are to forestall deterioration which will become irreparable if left any longer.

The carriages to which I am referring are in use today, and the Government is doing nothing about the matter. The report continues-

It seems foolish to spend these large sums.

This is the commissioners' report to this lazy Government.

The SPEAKER (the Hon. Vernon Christie).-Order! I suggest that the honorable member should not indulge in excessive quotations.

Mr. WILKES.-It is difficult not to do so, Mr. Speaker, because I wish to impress on the House the importance of this document, and I am dOing it this way rather than reading it in detail. I am commenting on certain sections of it. The commissioners. said that it seemed foolish to spend large sums of money on keeping this old rolling-stock at a certain level. They went on to say-

Apart from the costs of maintenance, the underframes of these carriages, designed many years ago, not only have a much lower buffing strength, that is, ability to withstand the force of a collision but have been further weakened by corrosion which is inevitable in vehicles of their age. In addition the wooden bodies do not, of course, contribute to the strength at all.

The commissioners proceeded to say that many of these carriages were unsafe. In the widest stretch of imagination how can the Government condone that?

I shall not read further, Sir; I respect your views. Suffice to say that ample evidence exists that the rollingstock the railways are using in suburban areas, mostly on the northern lines and the Williamstown line, is antiquated and, on the report of the Railways Commissioners, could be deemed to be unsafe. The Government talks of continuing its programme of building freeways. I suggest that the Government should concentrate on providing replacements for its antiquated, unsafe, rolling-stock in all effort to induce

Go. 'Vernor' s. Speech: '[ASSEMBLY~] Address-in-Reply.

more people to use public transport and thus save the money that it is now compelled to spend on freeways which will be obsolete in the next ten or fifteen years. The same can be said about the antiquated trams in use in Victoria. Compared with those in other countries they are disgraceful. There is one tram, the number of which escapes me at the moment--

Mr. FLOYD.-It is No. 980.

. Mr. WILKES.-I thank the honorable member for Williamstown. This is one tram in the fleet that resembles modern roIling-stock for fixed rail transport. The Minister of Transport is aware that people will not use these trams if they are kept in operation much longer., The high cost of trams is no different from that of rolling-stock in the railways. These are matters that should have been mentioned in the Governor's Speech, but the Government would rather pass over them in a sanctimonious manner by referring to what it might do about freeways.

His Excellency went on to say, among other things-

As honorable members are aware, a most comprehensive and detailed report on the Victoria Police Force by Colonel Sir Eric St. Johnston was tabled during the last session. The Government has 'already indicated that it has accepted the recommendations in principle and many have already been implemented or are in the course of being implemented.

Few have been implemented, and fewer will be implemented in the immediate future, because the Government likes to boast and if it intended to implement the major recommendations of the St. Johnston report it could not contain itself. It would have been boasting about it in the Governor's Speech, but of course the Government has no intention of implementing the vital recommendation, which is to increase the strength of the force from 4,700 male members to 6,300. This Government knows that until the last increase in salary to members of the

force its recruiting' programme suffered;in fact, over the past ten years recruiting has been at low ebb.

I refer now to the increase in the crime rate in Victoria. I and other members of the Opposition were astounded today when I received from the Chief Secretary an answer to a question I asked on this subject. I must be fair to the Chief Secretary, and I thank him for the detailed information he has given on the increase of crime in Victoria. Victoria must now be the most crime-ridden State in the Commonwealth. There can be no doubt about this when one examines in detail the figures supplied. I shall not bore the House with them, Mr. Speaker, because the answer consists of no fewer than ten pages of information on crimes that have occurred in Victoria since 1st March of this year. If I were the Government I would not suggest closing down police stations. In future, whenever the Government intends to close a police station, I hope I can convince it by the figures relating to the prevalence of crime in Victoria and the types of crime, that it should not do so. I shall briefly go over these figures, because I will be dealing with them in detail at a later date.

The back-bench members of the Government are conscious about crime in Victoria and the inadequacy of the Police Force owing to the inability of this lazy Government to do anything about it. Since 1st March of this year, there have been 70 armed holdups or robberies under arms in Victoria. This serious situation does not concern back-bench Liberal members, who are either too backward to understand the implications or they do not wish to do so. Cases of robbery with violence and robbery totalled 288, and the number of assaults-honorable members know what they mean in the communitywas 2,509.


Mr. TEMPLETON.-How many crimes have been solved?

Mr. WILKES.-That is the type of question I would expect. If the honorable member for Mentone puts the question on the Notice Paper all honorable members will be interested in the answer supplied by the Chief Secretary.

There have been 30 rapes or attempted rapes-I shall not bore honorable members with the details -and 23 murders have been committed in Victoria since 1 st March of this year. Twenty cases of attempted murder and one of manslaughter have also been detected. Housebreakings, concerning which very little can be done because of the shortage of police in Victoria, totalled 7,909, factory-breakings, 801 and office-breakings, 953. The number of shopbreakings-there is an open sesame for criminals in Victoria to break into a shop as nothing ever happens to them-was 3,006. A total of 12,669 crimes of the type to which I have referred were committed in Victoria since 1 st March.

The Government had the audacity to expect His Excellency to read a heap of tripe which it considers to embrace its programme for the ensuing year, without being obliged to inform the people of Victoria of the true position on education, which I have not touched on, mental health, hospitalization and law and order. If this is done with the intention of hoodwinking the public, I hope the Opposition will enlighten them of the confidence trick that has been played on the people of Victoria by the Government and at the expense of His Excellency.

I thank the Governor for presenting this Speech on behalf of the Government, and on behalf of the Opposition I swear our allegiance to the Crown.

On the motion of Mr. MITCHELL (Benambra), the debate was adjourned.

It was ordered that the debate be adjourned until next day. '

ADJOURNMENT. QUESTION ON NOTICE: PUBLICATION

OF REPLY IN "HANSARD". Mr. REID (Attorney-General) ._

I move-That the House, at its rising, adjourn

until tomorrow, at half-past Three o'clock.


Mr. REID (Attorney-General) ._ I move-


Mr. MUTTON (Coburg).-I wish to draw the attention of the House to a matter which I believe has been raised on other occasions and on wh~ch you, Mr. Speak~r, have aSSIsted the procedures of the House by giving a specific ruling. On 28th October, 1970, I asked a question on notice of the Premier and Treasurer who answered by saying that th~ reply was most complex and that it would probably take a considerable time to prepare it. So I waited, and I received the reply, which I consider was long overdue, yesterday. The information contained in it is very important to many people in Victoria. It concerns financial assistance to municipalities. I ask you, Mr. Speaker, whether I have the right to request that the reply that I have received to the question that I put to the House on 28th October, 1970, be incorpora ted in Hansard.

The SPEAKER (the Hon. Vernon Christie).-I presume the question asked by the honorable member in the last session of the Parliament was not answered then, but has been answered since by letter. There is a very simple solution to this. Parliament is now meeting in a new session, and the honorable member can ask the question again.


The House adjourned at 10.1 p.n,.