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LEGISLATIVE COUNCIL OF VICTORIA

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LEGISLATIVE COUNCIL OF VICTORIA ...

     LEGISLATIVE COUNCIL

     NOTICE PAPER No. 79

     Thursday, 14 October 2004

     The President takes the Chair at 9.30 a.m.

    STATEMENTS ON REPORTS AND PAPERS

    [Pursuant to Sessional Order 17]

    1 Public Sector Asset Investment Program, 2004-05 (BIP No. 1), (Hon. Philip Davis) 2 Auditor-General’s Report, Measuring the Success of the Our Forests, Our Future

    Policy, October 2004 (Hon. Peter Hall)

    3 Auditor-General’s Report, Measuring the Success of the Our Forests, Our Future

    Policy, October 2004 (Hon. Graeme Stoney)

    4 Disbursement of Recreational Fishing Licence Revenue from the Recreational

    Fishing Licence Trust Account Report, 2003-04 (Hon. John Vogels) 5 Attorney-General’s Report on the operation of the Freedom of Information Act 1982,

    2002-03, (Hon. Richard Dalla-Riva)

    *6 Southern Health Report, 2002-03 (Hon. David Davis)

    7* South East Water Report, 2003-04 (Hon. Geoff Hilton)

    GOVERNMENT BUSINESS

ORDERS OF THE DAY

    1 STATE SPORT CENTRES (AMENDMENT) BILL (from Assembly Hon. Justin

    Madden) Second reading Resumption of debate (Hon. Gordon Rich-

    Phillips).

    2 STATE TAXATION ACTS (AMENDMENT) BILL (from Assembly Mr. John

    Lenders) Second reading Resumption of debate (Hon. Bill Forwood). 3 CONSTITUTION (RECOGNITION OF ABORIGINAL PEOPLE) BILL (from

    Assembly Mr. Gavin Jennings) Second reading Resumption of debate

    (Hon. Philip Davis).

* Indicates new entry

2 Legislative Council Notice Paper No. 79

4 LIMITATION OF ACTIONS (ADVERSE POSSESSION) BILL (from Assembly

    Ms. Candy Broad) Second reading Resumption of debate (Hon. John

    Vogels).

    5 MAGISTRATES’ COURT (FAMILY VIOLENCE) BILL (from Assembly Hon.

    Justin Madden) Second reading Resumption of debate (Hon. C.A. Strong).

    6 DRUGS, POISONS AND CONTROLLED SUBSTANCES AND THERAPEUTIC

    GOODS (VICTORIA) ACTS (AMENDMENT) BILL (from Assembly Mr.

    Gavin Jennings) Second reading Resumption of debate (Hon. David Davis).

    7 STATUTE LAW REVISION BILL (Mr. John Lenders) Second reading.

    GENERAL BUSINESS

     [Pursuant to Sessional Order 13, a Notice of Motion and an Order of the Day,

    General Business (except for Bills), will be discharged from the Notice Paper

    after 20 consecutive listings]

    NOTICES OF MOTION

    1 MS. ELAINE CARBINES To move, That this House congratulates the

    Government on its environmentally sustainable vision for the Otways, in particular,

    its progressive policy to create a single National Park from Anglesea to Cape

    Otway and end logging in the Otways by 2008.

    [Listed for 17 days].

    2 THE HON. DAVID DAVIS To move, That this House condemns the Minister for

    Health for her failure to make public key documents and reports concerning

    asbestos at Chandler House, Angliss Hospital thereby

    (a) failing to allow the proper, open and informed assessment of these reports

    and documents by independent experts and the community;

    (b) failing to ensure that the safety of staff, patients and the community is her

    primary concern;

    (c) allowing a rise in concern in the community of Melbourne’s outer east about

    public and occupational health risks associated with asbestos and its link to

    a deadly cancer, mesothelioma; and

    (d) failing to guarantee public confidence in the Angliss Hospital and its

    associated buildings; and

    calls on the Minister to release all reports, documents and correspondence that

    relate to the presence of and/or health impacts of asbestos and asbestos-

    containing materials at Chandler House, Angliss Hospital, operated by Eastern

    Health at Ferntree Gully and to make those documents available to Members of

    this House within 7 days of the passing of this motion.

    [Listed for 16 days].

     14 October 2004 3

    3 THE HON. SANG NGUYEN To move, That this House notes the issues of the

    201 families of stateless Vietnamese boat people in the Phillipines who have

    relatives in Australia and in view of their uncertain future calls on the Federal

    Government to grant visas for those who have relatives in Australia.

    [Listed for 16 days].

    4 MR. MATT VINEY To move, That this House condemns the Honourable Andrew Olexander for conducting an unresponsive, misleading and deceitful consultation

    process on the Government’s Consumer Agency Services, and in particular the

    House objects to his use of the process to misrepresent what was said in the

    House by the Minister for Consumer Affairs on this issue on at least two

    occasions in regional media.

    [Listed for 15 days].

    5 THE HON. BARRY BISHOP To move, That this House

    (a) objects strongly to the siting of a toxic waste dump at Nowingi as this site is

    close to the Murray River, with its intensive irrigated horticulture and

    viticulture, and the region’s grain, grazing and beekeeping industries,

    thereby placing at grave risk Victoria’s hard earned reputation as a producer

    of clean green food;

    (b) believes that, as this site is adjacent to two of Victoria’s National Parks, the

    Murray Sunset Country National Park, and the Hattah Kulkyne National Park

    which also contains internationally recognised RAMSAR wetlands which are

    a popular drawcard for international tourists will be threatened;

    (c) opposes the long distance haulage of dangerous toxic wastes generated in

    Melbourne to remote sites in country Victoria, thus exposing the environment,

    road users and rail passengers to undue risk; and

    (d) urges the Government to conduct a full and thorough search for a suitable

    Crown land site for a toxic waste dump within 100 kms of Melbourne, where

    most of the waste is generated.

    [Listed for 13 days].

    6 MR. GEOFF HILTON To move, That the State Government ask the Federal Government to recognise the unjust system of payments to States in Australia,

    which sees Victoria denied its fair share, and requests that the Prime Minister

    move to rectify this unjust system of payments and ensure that Victorians receive

    their fair share.

    [Listed for 12 days].

    7 MR. ROBERT MITCHELL To move, That this House notes with concern the

    devastating impact that the sale of the remainder of Telstra would have on

    services to Victorians, particularly to regional Victorians.

    [Listed for 12 days].

    8 THE HON. BRUCE ATKINSON To move, That, in recognition of the significantly

    improved outcomes achieved through early intervention and support, this House

    4 Legislative Council Notice Paper No. 79

calls on the Government to provide an additional $5 million in funding for the

    provision of a minimum five and a half hours per week of early intervention

    therapy for every autistic child in Victoria.

    [Listed for 9 days].

    9 THE HON. BRUCE ATKINSON To move, That this House congratulates the

    Federal Government on the Auslink National Network funding package to upgrade

    road and rail infrastructure in Victoria and calls on the State Government to:

    (a) provide funds for its share of the construction of the Scoresby freeway and

    the Calder Highway duplication between Kyneton and Ravenswood; (b) enter into a funding agreement with the Federal Government to expedite the

    Deer Park by-pass; and

    (c) commence work immediately on the Pakenham by-pass project to secure a

    Federal funding contribution for the project.

    [Listed for 9 days].

    10 THE HON. BRUCE ATKINSON To move, That this House calls on the

    Government to revise the terms of reference issued in June 2003 to the Rural and

    Regional Services and Development Committee for the Inquiry into Country

    Football to also require it to examine the role and strength of other sports,

    including participation rates, facilities provision and constraints on growth, and

    that the reporting date be extended notwithstanding that interim reports may be

    made to the Parliament in respect of the work already completed on this inquiry.

    [Listed for 9 days].

    11 THE HON. W.R. BAXTER To move, That

    (a) A Select Committee of seven members be appointed to monitor the

    implementation of the 148 recommendations of the Victorian Bushfire

    Inquiry’s final report, all of which were accepted by the Government, and that

    the Committee be empowered to enquire into and report upon additional

    measures that might be undertaken to improve Bush fire preparedness. (b) The Committee will consist of four members nominated by the Leader of the

    Government, two members nominated by the Leader of the Opposition and

    one member nominated by the Leader of The Nationals. (c) The Committee will elect one of its members to be Chair.

    (d) The Committee will elect a Deputy Chair to act as Chair at any time when the

    Chair is not present at a meeting of the Committee.

    (e) The Chair will have a deliberative vote and, in the event of an equality of

    votes, a casting vote.

    (f) Five members of the Committee will constitute a quorum of the Committee.

    (g) The Committee may send for persons, papers and records.

    (h) The Committee will, unless it otherwise resolves, take all evidence in public

    and may otherwise sit in public at any time if it so decides and move from

    place to place.

     14 October 2004 5

(i) The Committee will advertise its terms of reference and call for submissions

    and all such submissions received by the Committee will be treated as public

    documents unless the Committee otherwise orders.

    (j) All evidence taken by the Committee will be treated as public documents

    unless the Committee otherwise orders.

    (k) The Committee will on request make available to any member of the public a

    copy of any public submission or record of evidence.

    (l) Reports of the Committee may be presented to the Council from time to time

    and that the Committee present its final report to the Council on or before 31

    December 2005.

    (m) The Committee may commission persons to investigate and report to the

    Committee on any aspects of its inquiry.

    (n) The presentation of a report or interim report of the Committee will not be

    deemed to terminate the Committee’s appointment, powers or functions.

    (o) The Committee will include with any of its reports any minority reports

    submitted to it by a member or members of the Committee.

    (p) The foregoing provisions of this resolution, so far as they are inconsistent

    with the Standing Orders and Sessional Orders or practices of the

    Legislative Council shall have effect notwithstanding anything contained in

    the Standing or Sessional Orders or practices of the Council.

    [Listed for 8 days].

    12 THE HON. PETER HALL To move, That this House condemns the Government

    for its refusal to acknowledge

    (a) the adverse impact of its windfarm policy on local communities who do not

    want windfarms; and

    (b) the minimal contribution windfarms have and will make in meeting Victoria’s

    power needs.

    [Listed for 8 days].

    13 MS. ELAINE CARBINES To move, That this House condemns the Prime Minister

    and Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away $16 million of funding to local government already factored into council

    budgets for basic community services that Victorian families rely on everyday,

    including $322,000 from the Borough of Queenscliffe and Surf Coast Shire in

    Geelong Province.

    [Listed for 6 days].

    14 THE HON. RICHARD DALLA-RIVA To move, That this House condemns the

    Government for its continued failure to acknowledge and address the gross

    overcrowding of the Victorian prison system, and its inability to address the many

    problems associated with an overcrowded prisoner population.

    [Listed for 6 days].

    6 Legislative Council Notice Paper No. 79

    15 THE HON. KAYE DARVENIZA To move, That this House That this House

    condemns the Prime Minister and Federal Treasurer for their decision to strip the

    States of $1.6 billion of funds earmarked to reward the States for competition

    reform, as both a deceitful reneging on a signed agreement and a penalty on local

    communities which takes away $16 million of funding to local government already

    factored into council budgets for basic community services that Victorian families

    rely on everyday, including $522,000 from Brimbank and Hobsons Bay City

    Councils in Melbourne West Province.

    [Listed for 6 days].

    16 MR. ROBERT SMITH To move, That this House condemns the Prime Minister

    and Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away more than $16 million of funding to local government already factored into

    council budgets for basic community services that Victorian families rely on

    everyday, including $529,000 from Greater Dandenong and Kingston City

    Councils in Chelsea Province.

    [Listed for 6 days].

    17 THE HON. ROBERT MITCHELL To move, That this House condemns the current

    Prime Minister and Federal Treasurer for their decision to strip the States of $1.6

    billion of funds earmarked to reward the States for competition reform, as being

    both a deceitful reneging on a signed agreement and a penalty on local

    communities which takes away $16 million of funding to local government already

    factored into council budgets for basic community services that Victorian families

    rely on everyday, including $2.332 million from Alpine Shire, Benalla Rural City,

    Greater Shepparton City, Manningham City, Mansfield Shire, Mitchell Shire,

    Murrindindi Shire, Nillumbik Shire, Strathbogie Shire, Wangaratta Rural City,

    Whittlesea City and Yarra Ranges Shire Councils in Central Highlands Province.

    [Listed for 6 days].

    18 THE HON. GEOFF HILTON To move, That this House condemns the Prime

    Minister and Federal Treasurer for their decision to strip the States of $1.6 billion

    of funds earmarked to reward the States for competition reform, as being both a

    deceitful reneging on a signed agreement and a penalty on local communities

    which takes away $16 million of funding to local government already factored into

    council budgets for basic community services that Victorian families rely on

    everyday, including $1.2 million from Bass Coast Shire, Cardinia Shire, Casey

    City, Frankston City and Mornington Peninsula Shire Councils in Western Port

    Province.

    [Listed for 6 days].

    19 THE HON. SANG NGUYEN To move, That this House condemns the Prime

    Minister and Federal Treasurer for their decision to strip the States of $1.6 billion

    of funds earmarked to reward the States for competition reform, as both a

    deceitful reneging on a signed agreement and a penalty on local communities

    which takes away $16 million of funding to local government already factored into

     14 October 2004 7

council budgets for basic community services that Victorian families rely on

    everyday, including $434,000 from Maribyrnong and Wyndham City Councils in

    Melbourne West Province.

    [Listed for 6 days].

    20 MR. JOHAN SCHEFFER To move, That this House condemns the Prime Minister

    and Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away $16 million of funding to local government already factored into council

    budgets for basic community services that Victorian families rely on everyday,

    including $287,000 from Glen Eira, Melbourne, Port Phillip and Stonnington City

    Councils in Monash Province.

    [Listed for 6 days].

    22 THE HON. PHILIP DAVIS To move, That this House condemns the Government

    for its failure to manage and fund important water infrastructure projects including

    the $22.5 million cost blow out of the Eildon Dam upgrade and the failure to match

    Federal Government commitments on the Wimmera Mallee Pipeline.

    [Listed for 6 days].

    23 MS. JENNY MIKAKOS To move, That this House condemns the Prime Minister

    and Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away $16 million of funding to local government already factored into council

    budgets for basic community services that Victorian families rely on everyday,

    including $979,000 from Banyule, Darebin, Whittlesea and Yarra City Councils in

    Jika Jika Province.

    [Listed for 6 days].

    24 MR. JOHN EREN To move, That this House condemns the Prime Minister and

    Federal Treasurer for their shameful decision to strip the States of $1.6 billion of

    funds earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away more than $16 million of funding to local government already factored into

    council budgets for basic community services that Victorian families rely on

    everyday, including $553,000 million from Greater Geelong and Wyndham City

    Councils in Geelong Province.

    [Listed for 6 days].

    25 THE HON. DAVID DAVIS To move, That this House congratulates the Federal

    Government and the Federal Minister for Health on their recent packages

    strengthening Medicare that

    (a) strengthen and support private health insurance as opposed to the Labor

    policy of weakening private health insurance;

    8 Legislative Council Notice Paper No. 79

(b) increase the rebate for GP bulk billed and non-bulk billed services to the full

    level of the scheduled fee;

    (c) introduce a safety net that will provide important new protections for

    Australian families;

    (d) increase the private health insurance rebate for aged Australians, in

    particular the increase in the private health insurance rebate to 35 per cent

    for Australians aged between 65 and 70 and to 40 per cent for those aged

    over 70 years;

    and compliments the Federal Government on the assistance they have provided

    through their initiatives to the Victorian public health and hospital system.

    [Listed for 6 days].

    26 MR. NOEL PULLEN To move, That this House condemns the Prime Minister and

    Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

    reneging on a signed agreement and a penalty on local communities which takes

    away $16 million of funding to local government already factored into council

    budgets for basic community services that Victorian families rely on everyday,

    including $1.234 million from Greater Dandenong, Bayside, Glen Eira, Kingston

    and Port Phillip City Councils in Higinbotham Province.

    [Listed for 6 days].

    27 THE HON. BRUCE ATKINSON To move, That this House congratulates the

    Federal Minister for Small Business and the Federal Government for their action

    in addressing issues in the crash repair business and in seeking to strengthen

    Trade Practices Act provisions to provide greater protection to small business

    from unfair competition.

    [Listed for 6 days].

    28 MS. GLENYYS ROMANES To move, That this House condemns the Prime

    Minister and Federal Treasurer for their decision to strip the States of $1.6 billion

    of funds earmarked to reward the States for competition reform, as both a

    deceitful reneging on a signed agreement and a penalty on local communities

    which takes away more than $16 million of funding to local government already

    factored into council budgets for basic community services that Victorian families

    rely on everyday, including $921,000 from Melbourne, Moonee Valley, Moreland

    and Yarra City Councils in Melbourne Province.

    [Listed for 6 days].

    29 THE HON. ANDREA COOTE To move, That this House congratulates the

    Federal Government for the additional $5.4 million they have given to regional

    arts programs and urges the Victorian Minister for the Arts to match this funding.

    [Listed for 6 days].

    30 MR. ADEM SOMYUREK To move, That this House condemns the Prime Minister

    and Federal Treasurer for their decision to strip the States of $1.6 billion of funds

    earmarked to reward the States for competition reform, as both a deceitful

     14 October 2004 9

reneging on a signed agreement and a penalty on local communities which takes

    away $16 million of funding to local government already factored into council

    budgets for basic community services that Victorian families rely on everyday,

    including $848,000 million from Knox, Monash and Whitehorse City Councils in

    Koonung Province.

    [Listed for 6 days].

    31 THE HON. PHILIP DAVIS To move, That this House congratulates the Federal

    Government for its $2 billion national water commitment, including the $167

    million, one third share of the Wimmera Mallee Pipeline Project and urges the

    State Government to match this commitment.

    [Listed for 6 days].

    32 THE HON. KAYE DARVENIZA To move, That this House condemns the Prime

    Minister and Federal Treasurer for their decision to strip the States of $1.6 billion

    of funds earmarked to reward the States for competition reform, as both a

    deceitful reneging on a signed agreement and a penalty on local communities

    which takes away $16 million of funding to local government already factored into

    council budgets for basic community services that Victorian families rely on

    everyday, including $1.32 million from Buloke Shire, Mildura City, Gannawarra

    Shire, Loddon Shire, Mount Alexander Shire, Northern Grampians Shire, Swan

    Hill Rural City and Yarriambiak Shire Councils in North Western Province.

    [Listed for 6 days].

    33 THE HON. DAVID DAVIS To move, That this House condemns the Minister for

    Health for undermining local country health services, particularly obstetrics

    services in Portland and District through her statement that “women who need an

    obstetrician will still need to go to Warrnambool, Geelong or Melbourne for the

    service”, which weakened and undermined local health services and may have

    contributed to the loss of the only obstetrician/gynaecologist in the Portland

    district.

    [Listed for 6 days].

    34 THE HON. PETER HALL ? To move, That this House refers to the Rural and

    Regional Services and Development Committee for inquiry, consideration and

    report on the importance of a skilled workforce and research capacity for the

    future development of agriculture and other natural resource based industries,

    and specifically:

    (1) The current organisation and delivery of post-secondary education and

    extension in agriculture, agribusiness and natural resource management in

    Victoria, and how this interacts with Government and private sector research

    programs in these areas.

    (2) Available opportunities to coordinate and better integrate the provision of

    these programs to:

    (a) ensure that rural and regional students are able to pursue education

    and training in these sectors without having to move to the city to do so;

10 Legislative Council Notice Paper No. 79

    (b) ensure students are encouraged and able to undertake post graduate

    study in agriculture and natural resource related disciplines;

    (c) maximise synergies and cooperation between universities and

    government and private sector research institutions in the provision of

    research and education in agriculture, natural resource management

    and related disciplines;

    and to report to the Parliament by the first day of the Autumn 2005 Parliamentary

    sittings.

    [Listed for 2 days]. ORDER OF THE DAY

    1 UNION OFFICIALS’ MEETING MINISTER’S ANSWER TO QUESTION

    WITHOUT NOTICE, 11 MAY 2004 To be considered.

    [Listed for 20 days].

     W.R. TUNNECLIFFE MONICA GOULD

     Clerk of the Legislative Council President

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