This event is the result of a partnership Ms Campbell has made with the Pancretan Association of Melbourne – Australia at the conclusion of her attendance in Greece during last year’s 70th Anniversary of the Battle of Greece and Crete.

“There are over 3,000 residents of Greek heritage residing in the Pascoe Vale electorate, and many were deeply affected by World War II battles in Greece and the German prisoner of war camps,” Ms Campbell said.

“It would be an honour to welcome those who fought in this battle, or may have a connection to it through a relative or close friend.”

“In Greece, I met Pascoe Vale resident Nick Rerakis and his father George, as well as his brother, sons and nephews. They moved me to ensure that local families could honour their relatives and comrades within Moreland.”

“In Greece I met a number of inspirational Australian and Greek soldiers and non-military freedom fighters.”

“Frank Cox, past mayor of Coburg, was one of the Australians captured in Greece as they tried to halt the German advance so that other Australian soldiers could be safely evacuated from Crete. He was one of the German P.O.Ws.”

The service will unveil a memorial plaque commemorating this battle, as well as an olive tree as a symbol of peace. It is the first memorial commemorating the event away from the Shrine of Remembrance.

Tribute will be paid by representatives of the Greek Government, Navy and Air Force, local Greek and service organisations, Returned and Services League, Moreland City Council and parliamentarians.

The public is invited to lay a wreath at the conclusion of the service. Morning tea will be provided afterwards at the nearby Pascoe Vale RSL (corner O’Hea Street).

The Premier, Treasurer and senior ministers in the government must understand that the government’s first responsibility is to its people. Making people the priority in decision making ensures that the community works in partnership and that employment grows.

To not recognise this fails to understand that every family, every person, needs to be able to work. We need to be able to work to support our families and for self-esteem, and human dignity depends upon the government of a state making an absolute commitment to working to ensure that there is jobs growth. Zero growth in employment was an utter embarrassment in this budget.

“Last December, the Education Minister visited Westbreen Primary School after I invited him on behalf of the school’s 230 children and 144 families. He clearly saw the need to rebuild the old section of the school,” Ms Campbell said.

“It is therefore astounding that no budget money has been allocated to this wonderful, yet run down, primary school by the Coalition Government.”

“The former Labor Government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development – it was based on need.”

“In October-November 2010, Westbreen Primary School was included in the Building Futures program, cycle 5, stage 2. Its educational pedagogical rationale work was completed and had been submitted to the department. The planning for the rebuild was ready for the 2011 State Budget, however as soon as the Coalition was elected, all schools involved with Building Futures program were told that that particular program would cease.”

“Westbreen Primary was assessed as having an urgent need for rebuilding works. It should have been funded in this budget as a priority”, Ms Campbell said.

“Whilst there is nearly a 50:50 split in party-political representation in the Victorian Parliament, today’s Budget funding for school modernisation and regeneration works was 70 per cent in favour of Coalition-held seats.”

“Ted Baillieu promised to govern for all Victorians, however the parents of Westbreen Primary School students have once again been let down by the political bias of the Coalition Government.”

Turning back to this report, I place on the record my utmost admiration for the people from TangledWebs. It is an organisation that I first came across when I attended a Victorian Law Reform Commission hearing into assisted reproduction. I must admit I went along to the hearing with a particular view about the importance of us all understanding our families, and after meeting with people from TangledWebs my view was further reinforced. Our genetic families are essential to who we are as people in terms of our emotional make-up. As Narelle Grech has pointed out, it is also critical when it comes to medical issues.

Members of Parliament have received, through their electorate offices, copies of a submission from TangledWebs, and I want to highlight in Parliament what the organisation has put to us in our electorates. The submission summarises the main recommendations of the Law Reform Committee’s report — recommendations 1, 4, 13, 14, 18 and 23 — and responds to each of them.

I highlight the critical first argument — that is, that the Assisted Reproductive Treatment Act 2008 has as its first guiding principle that the rights and interests of persons born and to be born from assisted reproductive treatment are paramount. It is therefore essential to remove discrimination against older donor-conceived Victorians and introduce equality with adoptees and donor-conceived people born after 1998. This was the argument that was put to the committee, in the briefing to members of Parliament and in correspondence. This was the response to recommendation 1.

In response to recommendation 4, TangledWebs says it does not believe that contact details are required:

… as all parties are able to negotiate as adults what level of contact is mutually desired. Contact vetoes introduced in adoption legislation in NSW and QLD are currently being phased out due to lack of use.

We need to learn from the experience of other parliaments so that we do not put donor-conceived Victorians through further unnecessary trauma. The organisation also states:

However if contact vetoes are introduced TangledWebs recommends the legislation includes mechanisms so that the requirement for contact vetoes be reviewed after five years and if a contact veto is withdrawn, the person who is no longer barred from contact should be informed of this change by the agency managing the donor registers.

I have to say the organisation is extremely generous in making that concession. I would be saying that what has happened in New South Wales and Queensland provides enough evidence that contact vetoes are not required.

TangledWebs strongly supports recommendation 13. I referred to recommendation 14 last sitting week. The organisation says in relation to recommendation 14:

The current situation where three separate agencies manage the donor registers (BDM) — –

(Time Expired)

Last December, the Education Minister visited Westbreen Primary School after I invited him on behalf of the school’s 230 children and 144 families. He clearly saw the need to rebuild the old section of the school. It is therefore astounding that no budget money has been allocated to this wonderful, yet run down, primary school.

The former Labor Government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development – it was based on need.

In October-November 2010, Westbreen Primary School was included in the Building Futures program, cycle 5, stage 2. Its educational rationale work was completed and had been submitted to the department. The planning for the rebuild was ready for the 2011 State Budget, however as soon as the Coalition was elected, all schools involved with Building Futures program were told that that particular program would cease.

Westbreen Primary was assessed as having an urgent need for rebuilding works. It should have been funded in this budget as a priority.

Whilst there is nearly a 50:50 split in party-political representation in the Victorian Parliament, this Budget funding for school modernisation and regeneration works was 70 per cent in favour of Coalition-held seats.

Ted Baillieu promised to govern for all Victorians, however the parents of Westbreen Primary School students have once again been let down by the political bias of the Coalition Government.

I will continue to work with the school to get this much needed rebuild funded.

“Last December, the Minister visited Westbreen Primary School after I invited him on behalf of the school’s 230 children and 144 families. He clearly saw the need to rebuild the old section of the school”, Ms Campbell said.

“Prior to his visit, I had presented to him a box of letters, personally written by individual students, on what it means to them to have a new school and how their learning would be enhanced by new facilities”,

“The Westbreen Primary School family is made up of diligent students, dedicated staff and devoted parents, but they have to work in dismal buildings. It is in desperate need of rebuilding and has completed the preparatory work required by the Department of Education and Early Childhood Development’s infrastructure branch”, Ms Campbell said.

“In October-November 2010 Westbreen Primary School was included in the Building Futures (BF) program, cycle 5, stage 2. Its educational pedagogical rationale work was completed and had been submitted to the department. As soon as the Coalition was elected, all schools involved with BF were told that that particular program would cease, but unfortunately nothing has replaced it other than yet another audit.”

“That audit identified over $600,000 of work yet the school received only $423,665. Whilst that is helpful, it is not $5 million required for a rebuild and not even the issues identified in the audit. The uneven asphalt is cause for concern in the playground, yet has not been funded.”

The popularity of Westbreen Primary School for parents has increased over the past 2 years, evidenced by Prep numbers increasing to 41 this year, up from 33 last year and 22 the year before that.

“The former Labor government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development – it was based on need.”

“Westbreen is one school that was assessed as having that need, it should now be funded as a priority”, Ms Campbell said.

“Now that the Minister has visited this wonderful school and heard from its students and teachers, I am hopeful that its rebuild will be funded in the upcoming budget”, Ms Campbell said.

Christine Campbell, State Member for Pascoe Vale, said the grants were designed to get more people in the community physically active.

“In Victoria, half of all adults do not get enough exercise. As well as the physical benefits, research also shows that sport builds community pride and loyalty and offers people the chance to get involved, providing them with a positive sense of self-worth,” Ms Campbell said.

“Regular physical activity not only protects against many illnesses, it also makes us mentally healthy, alert and resilient against the stresses of modern life.”

“Local sporting groups operate on a tight budget, so any funding will go a long way. Glenroy Football Club, Oak Park Community Sports Association, Glenroy Calisthenics Club, Therry Penola Old Boy Football Club and Hadfield Sporting Clun will all no doubt greatly appreciate and benefit from these grants”.

Jeff Osborne, Vice-President of the Glenroy Football Club, was advised of the VicHealth grants through Ms Campbell’s office.

“Many thanks to Kerrie at Christine Campbell’s office, who highlighted the grant application. It will provide shade cloth in the outdoor café area for children and their parents,” Mr Osborne said.

This year’s grants were prioritised to support people aged over 60, who traditionally have low rates of sports participation, as well as young people aged five to 17-years-old. And for the first time, 64 clubs across the state received defibrillators to respond on-field emergencies.

More than 9,300 sporting clubs across Victoria have received Active Club Grants over the 22 years that VicHealth has provided this support.

VicHealth Active Club Grants 2011/12

Glenroy Football Club – $2,000.00

Oak Park Community Sports Association – $500.00

Glenroy Calisthenics Club – $2,380.00

Therry Penola Old Boy Football Club Inc. – $2,385.00

Hadfield Sporting Club – $1,500.00

For more information about VicHealth’s Active Clubs Grants, go to www.vichealth.vic.qov.au/activeclub

Student Leadership Team

Eren G, Jackson H, Ridma G, Samantha C

Student Representative Council

Nelson M, Ozan D, Duru S, Bennyam K, Ben C, Dakoda H, Jake B, Zoataz D

House and Vice Captains

Chapman: Jasmina T (c), Georgia H, Talisha P

Clovelly: Alexander W (c), David PM, Sahron R

William: Joel D (c), Monica R, Sylvia D

York: Brandon G (c), Aisha K, Ben B

Congratulations to activity leaders Aisha, Alisha, Ashleigh, Ben B., Ben C., Bennyam, Connor, Courtney, David, Georgia, Hinckley, Ibrahim, Ishita, Jack, Jasmina, Jasmine, Jarod, Joel, Joshua, Katelyn, Kevin, Kyi Sin, Monica, Ram, Richald, Samantha, Sharon, Sylvia, Talisha, Tammy, Vaeluaga and Valentina; to the art leaders, Georgia, Isabella, Ishita, Jasmina, Monica, Stephanie, Sylvia and Talisha; to the assembly team, Connor and Jarod; to the Australian and Aboriginal flag team, Joshua and Taylah; to the bell monitors, Brandon and Jackson; to the bin monitors, Eren, Christian, James K., James P. and Yasar; and to the dress code award team, Archana and Nelson. Congratulations to everybody.

With the Baillieu Government refusing to do the work needed to create jobs and grow the economy, Leader of the Opposition Daniel Andrews and Shadow Treasurer Tim Holding have announced Labor will take the lead and develop a jobs and investment plan.

Mr Andrews and Mr Holding have written to more than 240 organisations, including business groups, local councils and unions, seeking their views that will help shape the plan.

Labor will also hold a series of forums across the State.

“We are doing what the Baillieu Government refuses to do – develop a jobs plan,” Mr Andrews said.

“Unlike the Baillieu Government, we believe it’s important to listen to the community and experts and that’s why we are seeking input from a wide range of groups as we develop our plan to keep Victorians in work.”

DOWNLOAD: Victorian Labor’s Jobs Investment Plan – Have Your Say

Click here to make a submission to Victorian Labor’s Jobs Investment Plan (external link)

The committee report to which I address my comments is the Law Reform Committee’s Inquiry into Access by Donor-conceived People to Information about Donors, which was handed to this Parliament in March 2012. It is an outstanding report, and I want to begin by congratulating those who submitted in writing or provided verbal evidence. I also congratulate committee members and staff. This Parliament has received an outstanding report, and I trust that cabinet in considering its recommendations will give serious consideration to and implement each and every one of them.

This report has bipartisan support, and its recommendations will redress many of the previous wrongs, something that Parliamentary committees can do with a bipartisan approach. It is also a report that in my view is testimony to the fact that the truth is written on the human heart and will eventually prevail. When we as legislators do things that are incorrect or are not quite correct and there is a thorough investigation, Parliament later has the opportunity to change legislation and correct past wrongs. Neither Parliament nor the health and scientific community has the right to actively deny a child or an adult their human right, their birthright — knowledge of their genetic or biological parents, their family.

Many of us watch in disbelief as the media shows footage of children in Third World countries. For example, on ABC television on Monday night we saw children scavenging through rubbish dumps in Cambodia. They are looked after by a wider community because entrenched poverty and the ravages of war have meant that so many children in many Third World countries simply do not know who their parents are. The state of Victoria is not such a place. It has not suffered the ravages of war or decades or centuries of entrenched and profound poverty. Victoria should not be in a position where it ever denies its children knowledge of their genetic heritage. As I said, we have the opportunity to correct previous denials of human rights, particularly those of donor-conceived children whose conception occurred before 1988.

I want to highlight recommendations 14, 15, 16, 17, 18 and 20 in particular. In the last Parliament there was a change in legislation related to where the records for donor-conceived people were held and how information was to be provided.

With the wisdom provided in those recommendations of this report, cabinet has the opportunity to provide a far better outcome for children who were donor conceived. Recommendation 14 is:

That the Victorian government introduce legislation to empower one agency to provide all services relating to the provision of information, linking and counselling services related to donor-conception, including management of the donor registers, a letterbox service, education and public campaigns.

Recommendation 15 is: 

That the agency referred to in recommendation 14 be granted access to the Victorian register of electors in order to conduct its functions.

Recommendation 16 is: 

That VARTA assume the responsibilities of the agency …

That is what we should be heading towards. Let us right previous wrongs. Let us give people their human rights.

The petition of the community members of Westbreen Primary School draws to
the attention of the house the need to rebuild Westbreen Primary School to allow
for the students currently attending, future students and community members to
learn and use a facility that is equipped for 21st century learning.

The petitioners therefore request that the Legislative Assembly of Victoria:

acknowledge the findings of a number of audits stating that Westbreen
Primary School is in need of major infrastructure and/or capital works;

call on the government to honour the previous Minister for Education’s
involvement in the Building the Future program of which Westbreen Primary School
was a part;

call on the government to immediately announce a commitment to the community
members of Westbreen Primary School that Westbreen Primary School will receive
funds to rebuild the school in the 2012 state budget.

By Ms Campbell (Pascoe Vale) (50 signatures).

My family proudly recognises three generations of carpenters. Honest and quality tradesmen need a robust building commission.

The Building Commission is not interested in consumers who want to lodge complaints. In the last sitting week I raised with the Minister for Consumer Affairs the fact that calls to the Building Commission eventually end up at Consumer Affairs Victoria where callers get a long-winded voice message. Yesterday I raised the issue of there being no monitoring of asbestos removal, and today I want to raise questions in relation to the Architects Registration Board of Victoria and the fact that when the Building Commission is hearing
complaints about a builder it has chosen a builder to be the commissioner’s nominated ‘consumer’ representative. This is a serious problem, and it needs to be fixed.

Previous speakers spoke about the 28 amendments. I also want to comment on those.

If there was feedback from the community and the community’s view was that there were 28 errors, then it would have been courteous of the government to provide the opposition with a thorough briefing on them long before Tuesday morning. This is an indication that the government waited until the very last moment to provide our shadow minister with that briefing. That is very disappointing.

I wish to raise a couple of matters for the attention of members. Firstly, in Alert Digest No. 1 of 2012 the Scrutiny of Acts and Regulations Committee (SARC) raised a number of points. We wrote to the minister about issues in relation to compelling a person to self-incriminate and the requirement of laypeople to assist in investigations relating to incorporated associations. I draw the attention of the house to pages 2 through 4 of Alert
Digest No. 1 of 2012. The SARC report that was tabled in this house notes that non-office-holders may still be prosecuted as accessories to office-holder offences or for general crimes such as embezzlement or fraud.

SARC noted that the statement of compatibility does not address clause 178(2) of the bill, which obliges people required to produce documents under the Magistrates Court scheme to identify and correct any documents they know to be false or misleading in a material particular. The committee observed that while such offences are a common feature in Victorian regulatory schemes, clause 178(2) may be applied to people who have not voluntarily participated in the regulatory field.

The minister’s response to our concerns is outlined in Alert Digest No. 4 of 2012, and I draw the house’s attention to that. It is important when this bill is being considered that SARC’s letter to the minister and his response, along with the amendments, are taken into consideration in this house and the other place.

Back to the bill, and I am sure this is what we are really focusing on. The Victorian Inspectorate Amendment Bill 2012 amends the Victorian Inspectorate Act 2011 to provide the Victorian Inspectorate with duties, functions and powers in relation to the oversight of the Independent Broad-based Anti-corruption Commission as well as the compliance of the Public Interest Monitor with the prescribed obligations as defined in the bill. The bill also makes consequential amendments to the Evidence (Miscellaneous Provisions) Act
1958 to allow Victorian Inspectorate officers to witness statutory declarations.

I want to go to the heart of the issues that have been raised by the Scrutiny of Acts and Regulations Committee (SARC) in its Alert Digest No. 5 of 2012, because they are quite insightful. These are issues that the Parliament should consider. These are important matters that the minister should consider, and they should also be given consideration by members of the other place. Alert Digest No. 5, which was tabled in this place on Tuesday, details issues relating to the right to legal representation and a practitioner of choice. It is important that this house is mindful that there is a limitation to the choice of a lawyer. When this was brought to my attention, it was of some concern to me, but page 6 of the Alert Digest indicates that there are reasonable grounds for the way that this legislation has been framed. This goes to the fact that this legislation imposes a restriction that may apply, for example, where a legal practitioner is a witness, represents another party or is
the subject of an IBAC investigation. Once that was brought to my attention, I thought that that was a provision I could live with.

I turn to page 7 of Alert Digest No. 5, which highlights issues in relation to the charter of human rights. That page goes particularly to clauses 10 and 12. In clause 10 there is a section about fair hearings, prohibitions on disclosure and evidence relevant to the defence in a criminal prosecution. When you look at clause 10 in this legislation, it has a degree of consistency with what was put to SARC in relation to the Independent Broad-based Anti-corruption Commission. SARC has noted that clause 10 inserts new section
28A into the principal act to make it an offence for the Victorian Inspectorate or its officers to disclose any information obtained in the course of their duties, functions or powers. That confidentiality is extremely important, and it is a matter that must be complied with.

New section 28B bars an officer from being required or compelled by a court to disclose any information except for the last of the reasons that are outlined in that section.

I draw that to the attention of the house because it is a matter that is important for members to consider.

A significant problem is highlighted on page 8 of Alert Digest No. 5, and that is in regard to new sections 28A to 28D, which expressly permit only the disclosure of information for the purposes of prosecutions that were instated as a result of a Victorian Inspectorate investigation rather than the prosecutions that preceded those prosecutions which were the subject of or were independent of that investigation. Again I draw that to the attention of members. It is relevant for those in the other place who will be considering this legislation.

My time is limited, so I will quickly go to page 10 of Alert Digest No. 5 to point out that SARC has written to the minister seeking information in relation to whether there are less restrictive alternatives available to achieve new section 33T’s purpose of assisting the Victorian Inspectorate to undertake full and proper investigations. That goes to matters relating to the full derivative powers that are available, and this Alert Digest requires the attention of members of this house and the other place.

Before I close I will also highlight footnote 4 on page 8 of the Alert Digest, which extends to page 9. I would recommend that members give that footnote fulsome consideration. With those few points, I leave the matter for members’ consideration.

This is a health and safety issue.

I have received representations from people ranging from families of current licence-holder drivers to the widow of a taxi owner-operator whose taxi licences are their family income or superannuation. There is considerable angst in the industry from owner-operators or those leasing licences as their superannuation.

One widow advised me that in leasing her husband’s licence she has always had due regard for the operational costs and pressures on the industry and has always been able to come up with an agreed reasonable price.

Licence-holders recognise that there will be changes. One very reasonable recommendation made was that any changes to the current system could be somewhat below the recent $3000 per calendar month assignments to somewhere in the $2000 range. If licences are to be restricted to owner-drivers and operators, current licence-holders are asking for an appropriate level of compensation at, for example, around the average price of a taxi licence over the past 10 years and not at recent artificially high prices.

I thank Mrs Panorea Christoforidis and her family and the industry for their efforts in highlighting solutions for Professor Fels.

The purposes of the bill have been outlined by a number of speakers, but the one I particularly wish to go to empowers the Legal Services Board of Victoria to make payments from the Public Purpose Fund for the purpose of judicial education. This provision will be of particular interest to the public servants who work at the Judicial College of Victoria. I am sure they are wondering whether their jobs are going to be safe as a result of cutbacks that this government has put in place, cutbacks that are harsh and go to the very need for justice — –

(Mr Delahunty — On a point of order, Acting Speaker, this is a
narrow bill dealing with the legal profession and public notaries. The member is
straying well away from the bill, and I ask you to bring her back to it.)

On the point of order, Acting Speaker, this bill goes to empowering the legal services board to make payments out of the Public Purpose Fund for the purposes of judicial education. Through the Chair, in case the Minister for Sport and Recreation is unaware of the fact, the judicial college is funded through such a fund. I am speaking on the bill and the very specific aspect of the bill in relation to clause 13.

(The ACTING SPEAKER (Mr Thompson) — Order! On the point of order, it is important that contributions be relevant to the bill at hand. I encourage the member for Pascoe Vale to make her remarks relevant to the bill and the immediate terms of the bill in relation to public notaries and the role of the legal profession.)

I appreciate the opportunity to speak to the bill in relation to the Legal Services Board of Victoria being able to make payments out of the Public Purpose Fund for the purposes of judicial education. What a fantastic job the judicial college staff do as staff who are public
servants funded in part through this clause. I commend those staff, and I hope that each and every one of them continues to receive funding so that they can continue to do that great work and that they are not subject to the slashing and burning that is occurring under the current coalition government.

(Mr Delahunty interjected.)

The Minister for Sport and Recreation wishes to go to the bill, he will see that judicial education comes under clause 13.

That is a source of considerable surprise to the Opposition, because before being elected the coalition was scathing about Labor’s use of the Public Purpose Fund for services such as legal aid and judicial education. We also applaud the fact that more people will be able to do pro bono work in the Victorian legal system. I am sure a lot of people will be able to do pro bono work — the people who are currently employed in the Department of Justice in a legal capacity will be put out on the scrapheap because they will be the subject of the slash-and-burn mentality of the coalition government.

(The ACTING SPEAKER (Mr Thompson) — Order! I remind the member for Pascoe Vale that the bill relates to corporate counsel and does not refer to the public service in that sense.)

Acting Speaker, I appreciate your guidance, and I am indebted to you. I am sorry.

I am overcome with sadness at what is happening with job losses in the Victorian public service.

In relation to the bill, we are not opposing the bill, but I draw the attention of the house to the fact that it was Labor that put $49.9 million over two years into the Victorian legal aid system. We also encouraged pro bono work from those who were able to provide it under the government’s legal service provision, and we will work to ensure that as many people as possible receive justice in this state, just as it should be delivered as a matter of course to the citizens of Victoria.

The petition of the community members of Westbreen Primary School draws the
attention of the house to the need to rebuild Westbreen Primary School to allow
for the students currently attending, future students and community members to
learn and use a facility that is equipped for 21st century learning.

The petitioners therefore request that the Legislative Assembly of Victoria:

acknowledge the findings of a number of audits stating that Westbreen
Primary School is in need of major infrastructure and/or capital works;

call on the government to honour the previous Minister for Education’s
involvement in the ‘Building Future’ program of which Westbreen Primary School
was a part;

call on the government to immediately announce a commitment to the community
members of Westbreen Primary School that Westbreen Primary School will receive
funds to rebuild the school in the 2012 state budget.

By Ms Campbell (Pascoe Vale) (171 signatures)

Photos of the day can be found on my Facebook page.

It is one of my priorities to continue to improve the aesthetics of our area, and to ensure that our local environment is in pristine condition. If you have any suggestions as to what
needs improving in Pascoe Vale, please do not hesitate to call my office on 03 9354 9935, or send an email to christine.campbell@parliament.vic.gov.au.

State wards and mothers whose children were adopted, many forcibly and illegally, need ready access to all their DHS-held personal records.

Today there was tabled in the Parliament the very important Victorian Ombudsman’s report on the investigation into the storage and management of ward records by the Department of Human Services. I will quote from a number of paragraphs of the executive summary of the report, specifically paragraphs 10, 12 and 17 at page 4, in which the Ombudsman identified one example where a collection had been in the department’s archives since 1990 and had only recently been identified as containing numerous references to former wards of the state. Paragraph 10 states:

… This collection of 48 boxes, which was thought to have contained only
administration files, had been marked for destruction.

How catastrophic would it have been for any state ward whose personal documentation is in that collection had the records been destroyed? Paragraph 12 states:

Another collection of 100 boxes of records discovered by the department in 2008, thought to relate to former wards and institutions, is yet to be examined due to resourcing issues.

Paragraph 17 states:

I consider that the department should take immediate action to ensure that it has a thorough understanding of the records it holds in its collection so that former wards can be assured that they have been provided with all the available information regarding this often traumatic chapter of their lives.

There is reference in the report to some records being stored in rat-infested premises that could be subject to flooding with resultant water damage to those records. Now that this as been identified, the minister needs to ensure that the relevant cataloguing and storage of these personal records is undertaken immediately.

After hearing the evidence at the committee hearings, I think it is important to keep the charter and to refine it. We must have courts plus scrutiny.

There is an alternative position that is being presented to this house via the report, which is scrutiny but no courts. The reason I think it is important to have courts plus scrutiny was overwhelmingly provided in the evidence that we heard at the hearings. Today I will quote from two witnesses, the Council of Homeless Persons and the Office of the Public Advocate. I suggest that members look at submission 151, which is from the Council of Homeless Persons. Details of a number of cases were provided to the committee in evidence; one case involved a service user with an acquired brain injury, who was issued a notice to vacate a community-run rooming house. The submission states:

Bob was a 55-year-old man with a history of mental health and behavioural
issues that resulted from his acquired brain injury. He had been living in and
out of rooming houses for the past 20 years.

Bob was issued a notice to immediately vacate the community-run rooming
house he had been staying at due to allegations of violence and assault. Both
Bob and his support worker were shocked by the eviction notice, as no tenancy
worker had investigated the allegations. Bob’s support worker tried to negotiate
an outcome that would prevent Bob from being evicted, but this was unsuccessful.

The support worker contacted the HAS to raise a complaint about the
impending eviction and the denial of natural justice. The support worker also
thought Bob was being treated unfairly because of his disability.

The evidence went on to outline the course of action that was taken and the importance of the charter:

The HAS sent a letter to the rooming housing agency requesting that the notice
be withdrawn, as there had not been a proper investigation undertaken. The
letter included a complaint on behalf of the tenant and also referred to the
charter obligation to give proper consideration to Bob’s right not to have his
home arbitrarily interfered with. This provided a framework with which to raise
Bob’s hardship and the human rights implications of the notice to vacate. After
negotiations with the rooming house agency, the notice to vacate was withdrawn.
The HAS, rooming house agency and support worker were then able to transfer
Bob’s tenancy to another rooming house that was linked with additional supports
so he could remain stably housed.

We heard evidence that the courts were useful, but the threat of going to the courts was as important.

Because the opportunity to go to court is available under the current charter, the evidence we received was that it is quite compelling to use it as an advocacy tool, as the threat of going to court is often a reason for people to listen to the arguments.

The committee also received a submission from the Office of the Public Advocate, which provided fantastic evidence to the committee at a hearing on 20 July 2011. The submission by the Office of the Public Advocate is submission 158. I stress to members of this house, including government members, that the Office of the Public Advocate said that applying a charter lens to guardianship was important. A key benefit of doing so was being able to explain a decision in the context of having considered relevant charter rights as well
as the principles of the Guardianship and Administration Act 1986. It outlined other benefits as well, and members should go to its submission.

Sue has improved our general health and wellbeing with yoga classes, walking groups and special greening events and has provided much-needed support to young families with services like the Scallywags Occasional Child Care Centre.

Sue has given others the opportunity to contribute through employment, volunteering and helping out, and has offered just plain, good old-fashioned friendship to the many people who have come through the doors.

Sue worked tirelessly to establish and advance the neighbourhood house. Her enthusiasm, wisdom, compassion and calmness are rare and admired by all. Many people who have walked through the doors of the Sussex neighbourhood house think of Sue with warmth, fondness, respect and love. Thanks, Sue, for your countless contributions. We know that the future of the house is assured because of your efforts. We wish Sue a long, happy and healthy retirement.

Claims made today and last week on a Melbourne talkback radio show questioned smart meter safety, and if valid, they need to be acknowledged. If the claims are alarmist and fearmongering, then those fears of my constituents and people in the wider Victorian community need to be put to rest.

My constituents have been ringing the electorate office, and the number of calls coming from single older women who are gravely concerned about safety as a result of this particular media talkback program indicates that it is causing a great deal of concern to single older women in particular.

Last week some alarmist claims were made that around Pascoe Vale there were six fires in houses fitted with smart meters and that the cause of the fires was the smart meters. Victoria has over 1 million people who are aged 60-plus, and a significant proportion of them regularly listen to a certain Melbourne radio talkback program. We all know as politicians that media lesson 102 provides a proven formula to retain an audience, and that is to instil fear and to either play on it or allay it.

Judging by the fear experienced by callers to my office — and I took a significant number of the calls last week, and my electorate office reports a great deal of concern today following one station’s media campaign — I think it is important that the minister either stop Jemena contractors installing more smart meters or put on the public record today’s Energy Safe Victoria media release that says these meters are indeed safe.

I have followed up this matter with the fire brigade, and I have followed it up with Energy Safe Victoria and with the minister himself, and from the information I have received — and I want it put in Hansard tonight — these fires and smoke in smart meters in Pascoe Vale have been the direct result of storms and lightning strikes. We all know that when there are lightning strikes two things can happen.

It is caution based upon being deputy chair of the Scrutiny of Acts and Regulations Committee (SARC). The reasons why the Scrutiny of Acts and Regulations Committee should have time and should assess this legislation have been cogently put by the last speaker. This legislation has to be right. It has to be right because, as the Attorney-General said at the conclusion of his second-reading speech, it has great importance because of its ‘immense potential toll upon victims of crime, community safety and our court system associated with the disruption or abandonment of criminal proceedings as a result of
procedural defects in affidavits’.

The Scrutiny of Acts and Regulations Committee is charged with the responsibility of identifying any defects in relation to legislation. The importance of this legislation has been articulated by every speaker who has preceded me.

If the Scrutiny of Acts and Regulations Committee meets tonight or tomorrow, it will have time to put a minor but initial report to this Parliament. I have already raised this matter with the chair and am awaiting a response. The committee could provide a fuller report at the commencement of the next sitting week. It is important for this Parliament, and particularly for members in the other place, to have the benefit of what little capacity SARC has to examine the legislation.

Previous speakers have highlighted the chronology that has preceded the introduction of the bill today. It goes back to late September or early October last year, when the problems in relation to one particular affidavit were highlighted in court in a very high-profile case. The government had the opportunity to act in October, November and December last year and in our first sitting week this year, but that opportunity was not taken, and we have waited until today to examine this legislation.

We are a week short of three months of procrastination by this government in introducing this legislation. Parliament sat in the week of 22 November 2011; the legislation could have been brought in then. It sat in the week of 6 December; the legislation could have been brought in that week. It sat in the week of 7 February; the legislation could have been brought in that week.

One might ask why we have waited until today. One proposition that was put was that the magnitude of the problem needed to be identified. As a policy matter, I put it to the house that whether it was 1 high-profile case or 10 or 20 cases — let alone 9000 voluntary disclosures by the police — there is a significant issue in relation to affidavits in cases and we should have fixed this problem weeks ago. The house could have examined it in the week of 7 February, the week of 6 December last year or the week of 22 November last year.

The previous speaker talked about the worry that victims of crime might feel about their cases possibly being abandoned due to incorrect affidavits. He also said that cases could potentially be reopened. Again, both these points — the worry in terms of victims of crime and the potential for cases to be reopened — create a very strong policy and political imperative to have had this legislation brought into the house much earlier than today.

As I said, I am particularly interested in this issue in relation to the Scrutiny of Acts and Regulations Committee. I strongly recommend to government members of the committee that they use their time tomorrow — either at lunchtime or in the evening — to prepare a report so that even though this house will have passed the legislation there will be at least a modicum of scrutiny of this legislation in the Legislative Council. Our shadow minister
outlined to us how important it is that any deficiencies in the legislation are identified promptly.

As I said, SARC would be able to conduct some scrutiny of the bill prior to the upper house considering the matter. With those points, I join with the opposition’s two previous speakers — both relevant shadow ministers — in highlighting that we understand the reasons why this legislation has been brought in and why it needs to be retrospective but that it is important that the Scrutiny of Acts and Regulations Committee has the opportunity to examine it at lunchtime or during the dinner break tomorrow before the upper house examines it.

May Australian hospitals never put our families of children with a disability in the position of the Rivera family in Philadelphia. The three-year-old daughter in the family has allegedly been denied an opportunity for a kidney transplant because of her intellectual disability. CBN and other media have highlighted the community debate. Amelia Rivera has a rare genetic condition known as Wolf-Hirschhorn syndrome, which can cause mental impairment, seizures and kidney failure. Her parents were told by doctors at the Children’s Hospital of Philadelphia that there would be no transplant. Her mother, Chrissy Rivera, was enraged and posted her version of a conversation with the doctor and a social worker on a blog. Her mother revealed the conversation:

‘So you mean to tell me that as a doctor, you are not recommending the transplant, and when her kidneys fail in six months to a year, you want me to let her die because she is mentally  retarded? There is no other medical reason for her not to have this transplant other than she is mentally retarded!’

‘Yes –

said the doctor.

‘This is hard for me …’

Prenatal testing is frequently offered to Australian women during pregnancy to provide them with information about the health of their developing foetus.

Non-invasive screening tests such as ultrasound examinations and maternal blood sampling can identify women who are at increased risk of a pregnancy with a foetal abnormality so that invasive diagnostic tests can be offered. Following diagnosis of a foetal abnormality pregnant women are offered a choice between continuing or terminating their pregnancy. There has been no empirical research examining the experiences of Australian women at such a time, and the extent of support in decision making and the provision of clinical care appears to vary considerably between geographical locations and health-care systems, particularly between the public and private systems. The increasing scope of
prenatal testing generates an ethical imperative to ensure that all women who receive a diagnosis of foetal abnormality during their pregnancy are able to make informed decisions about all available options and that they have access to appropriate evidence-based care and research.

By way of background, there have been major technological developments in the past two decades which have resulted in more accurate screening and diagnostic tests aimed at assessing the health of the developing foetus during a pregnancy. This has led to increases in the number of foetal abnormalities that are identified and diagnosed in the prenatal period. In Australia each year approximately 4 per cent of pregnancies are diagnosed with a foetal abnormality, the reference for that being Riley and Halliday, 2008. These numbers are likely to increase substantially over the next few years with the introduction of non-invasive prenatal diagnosis (NIPD) technologies that will be offered at an earlier gestation point than current tests. NIPD can identify chromosomal abnormalities such as Down syndrome and trisomy 13 and 18, the latter two being considered lethal conditions, much earlier in pregnancy than has previously been possible. Importantly this early testing will present parents with information about a pregnancy that may have previously miscarried
before current testing became available, the reference for that being Benn and Chapman, 2009.

Prenatal testing is increasingly becoming a routine part of antenatal care in Australia. Over 97 per cent of Victorian women have one or more ultrasounds during pregnancy, the reference for that being Chew et al., 2007. In Victoria in 2007, 68.3 per cent of pregnant women had prenatal screening and 5.7 per cent had an invasive diagnostic test, the reference for that being Moreira et al., 2008.

As I said, following a diagnosis of foetal abnormality pregnant women are generally offered the choice of either continuing the pregnancy or having a termination. Victorian records concur with overseas data, indicating that the majority of these pregnancies are terminated, the reference for that being Lewis et al., 2010. Decision making about terminating or continuing a pregnancy with a foetal abnormality is known to be very challenging for women and their partners — the reference for that being Statham et al., 2000 — as well as for the health-care professionals who care for them, the reference for that being Menezes, 2010. By way of passing reference I note that as a community we often overlook the effect on health professionals, as we concentrate very much on the mother and her family.

Termination of pregnancy because of foetal abnormality is known to be associated with greater psychological morbidity than TOP (termination of pregnancy) for other reasons, and a large number of women subsequently suffer from a post-traumatic stress disorder and depressive feelings, the reference for that being Korenromp et al., 2007. While protocols relating to support following TOP because of foetal abnormality exist within some tertiary centres in Victoria, there has been little evaluation of this process, and parents’ experiences remain largely unexamined. Furthermore, existing support protocols are based on a small number of empirical studies with women who have had stillbirths rather than with women who chose to end a pregnancy involving foetal abnormality. While there is some evidence that the severity of the abnormality diagnosed and the counselling
provided by health-care professionals can play a role in parents’ decision making at this time, it is clear there are many variables which can influence decision making, including a lack of resources and financial support available to families caring for a child with a disability. A lack of evidence-based care is particularly apparent when parents choose to continue a pregnancy following diagnosis of a lethal foetal abnormality.

Personal Australian stories — the reference for that being Sheffield, 2008, and Thiele, 2010 — and communications appearing on several web-based support resources relate emotional and harrowing accounts of parents’ experiences at this time, indicating that the care and support they received was far from ideal. In these circumstances in some countries health services offer a model of support known as peri-natal hospice care, which aims to provide patient-centred medical care and psychological support from the time of diagnosis until the baby’s death and beyond — and I stress it is from the time of diagnosis to beyond the baby’s death. Proponents believe this type of program can empower parents to take control of this sad event, allowing them to engage with their pregnancy and make appropriate plans for the birth and likely death of their baby. This can provide a valuable opportunity for memory making, loving and parenting, the reference for that being Hoeldtke and Calhoun, 2001.

Over 40 such programs exist within the USA, usually situated within obstetric hospitals, utilising expertise from a multidisciplinary team that may include physicians, bstetricians, midwives, social workers, genetic counsellors, neonatologists, psychologists, chaplains and other relevant specialists. Peri-natal hospice care programs do not exist within Australia, but findings from two small projects conducted in Victoria suggest relevant health professionals and pregnant women believe a peri-natal hospice care program would have utility, the reference for that being Horwood et al., 2009.

Further urgent research is necessary in order to develop appropriate models of care for both women who choose to continue their pregnancies and women who choose to terminate their pregnancies following the diagnosis of a foetal abnormality. This is of particular importance given the advent of NIPD — non-invasive prenatal diagnosis — which will present parents with more information at an earlier stage of pregnancy than has previously been possible.

What I would call the routinised offer of prenatal testing generates an ethical imperative to ensure that parents who receive a diagnosis of foetal abnormality during a pregnancy are able to make fully informed choices about all appropriate options, including peri-natal palliative care, and have access to evidence-based, patient-centred supportive care.

I would like to offer some suggestions that have been made as a result of conversations with representatives of the organisations I acknowledged at the beginning of my address — Melbourne University, the John Paul II Institute for Marriage and Family, the Royal Women’s Hospital, the Murdoch Children’s Research Institute and the Mercy Hospital for Women in Heidelberg.

I put on the record five of these recommendations: firstly, the linking of palliative care services with services caring for women who receive a diagnosis of severe abnormality; secondly, the provision of peri-natal support and palliative care counselling, coordination and support services to which women may be referred in such circumstances; and thirdly, the overcoming of what appears to be a service gap, particularly for women who are in the private health system. From the conversations I have had it seems that the private sector is the area that overlooks this need. People head to the private sector thinking they will get a wide choice, but that is not the evidence that I have identified.

The fourth recommendation is that someone be appointed at every maternity hospital in Victoria to coordinate services for women and their families in the circumstances of a diagnosis of severe abnormality peri-natally.

The final recommendation is that health professionals be educated about the needs of women and their families who experience a diagnosis of severe abnormality peri-natally, especially the needs of women who decide not to end their pregnancies. Amongst the issues that arose in the discussion, I particularly highlight the difference between the public and private sectors. In the public sector women are more likely to be referred to genetic counsellors or other health professionals who can provide contact, advice, counselling and support for the duration of the pregnancy. In the private sector there appear to be gaps, and women may not receive counselling to assist them in making
decisions. A chaplain at one of the meetings I attended reported women proceeding from diagnosis to termination without being offered any counselling.

I talked to a number of women around Parliament, and a couple of them mentioned how women heading off for what is considered a routine scan are not adequately prepared for what may occur during the scan. There is little preparation for the shock that women may experience if the scan identifies that a miscarriage has occurred or that there is a foetal abnormality and that is conveyed through the shock of the scan operator or someone else in attendance. Women seem to be automatically put on a treadmill with a likelihood of being offered invasive testing and then, if the testing shows a foetal abnormality, they are pretty much put on the conveyor belt of what that particular hospital suggests, or the health professional recommends, would be an appropriate conclusion to the pregnancy.

We have enough genetic counsellors in Victoria. Melbourne University has trained many, but the issue is not training. There are more qualified genetic counsellors than there are places available. Quality genetic counsellors are being employed in other areas because of a lack of financial provision for them to work in hospitals.

In conclusion, Victoria needs more evidence-based research into whether offering peri-natal palliative care would affect women’s or couples’ choices and the comparative outcomes for women and families who choose to continue to birth or to end a pregnancy with a termination. We need more discussion of and funding for peri-natal palliative care. We need research and support for responses from health professionals in relation to the care of women and their families when a foetal abnormality has been diagnosed. Keeping in mind the fact that many of our health professionals are women who have either personally experienced abortion and its effects or have family members or friends who have such experience, it is really important that health professionals are supported and that the focus of this Parliament is on the expectant mother, her partner, their family, their
unborn child and the health professionals surrounding them. We need to give this much more attention.

The reason I am asking this is that the northern area of Moreland has a very clear dividing boundary, which is the Western Ring Road. To the west it is the Moonee Ponds Creek and to the east it is the Merri Creek. Considerable improvement was made last year by the Labor government in relation to fares and zoning, and I want the new government to continue with the great vision and great public transport experience that is available to people in this state.

Currently zone 1 stops at Glenroy and Fawkner stations. One station north of Glenroy on the Craigieburn line is Jacana station. Moving zone 1 to the Western Ring Road would enable the Jacana station to better utilise its parking and allow more people to park more easily instead of travelling south from the northern area of the municipality to go to Glenroy station to buy a zone 1 ticket.

On the Upfield line Gowrie station is a staffed station, and is a very good public transport interchange.

To have the zone 1 ticket extended only a little bit further north from Fawkner station, which is principally in the Fawkner cemetery, to Gowrie station would make it better in terms of parking and provide better public transport with the bus interconnect, and of course it is a staffed station. Zone 1 on the trains means that many people outside Moreland drive to Glenroy station to avoid paying an extra $5 for a zone 2 ticket, which has local parking and traffic implications. A recent survey at Glenroy station showed that
52 per cent of those who drove came from north of Moreland.

… we are also celebrating the establishment of the Institute of Sisters of Mercy of Australia and Papua New Guinea — the new congregation whose foundation day will be 12 December 2011 — Catherine McAuley’s foundation day so many years ago in Ireland.

We acknowledge and celebrate who we have been as Sisters of Mercy, living and working in the Melbourne, Ballarat, Sale, Sandhurst and Tasmanian dioceses and in Pakistan. In the states of Victoria and Tasmania we have worked with government and non-government agencies working to effect change. We give thanks for the opportunities that we have had to share our lives and ministry in the service of the church and in the service of our God.

We stand on the shoulders of those who have gone before us. We remember the  many founding sisters and the sisters who have been role models for us, who nurtured and cared for us.

Our Mercy tradition has been to work in partnership with the lay people who
share our ministries and who are now taking the lead in many of our ministries.

I say, on behalf of the opposition and this Parliament, well done for over 150 years of service and good luck with the new institute and your continued work in education, health and welfare.

It aims to keep you informed on all that is happening in my electorate of Pascoe Vale and more broadly in Victoria, and will hopefully be easier to navigate and more informative. Not only will the latest news in the Pascoe Vale district be more readily available, it contains a comprehensive range of resources in which I may be able to assist you with, including an online community directory.

I’m also venturing into the world of social media to keep in better contact with my constituents. Be sure to find me on Facebook, follow me on Twitter and subscribe to my new online newsletter to stay in touch.

Please do not hesitate to contact me if I can be of any assistance to you.

Best wishes,

Christine.

I raise a matter for the attention of the Minister for Education. On behalf of Westbreen Primary School’s 230 children and 144 families, I ask the minister to visit the school so he can personally hear from the children about their need for a rebuild of the old section of the school. Westbreen Primary School (WPS) has diligent students, dedicated staff, devoted parents and dismal buildings. It is in desperate need of rebuilding and has completed the preparatory work required by the Department of Education and Early Childhood Development’s infrastructure branch.

Over the last decade Labor rebuilt Pascoe Vale North Primary School and Oak Park Primary School, each of which received stage 1 and 2 funding. Glenroy Primary School was amalgamated with Glenroy North Primary School, and the brand-new school will be opened in 2012.

Westbreen’s Building the Education Revolution project was the first sizeable funding injection in decades, and it was to be the next primary school rebuilt in my electorate.

WPS had an assisted supplementary maintenance audit in 2011, which identified $155 000 worth of work for immediate attention. No funding was received other than a small amount of supplementary regional funding of approximately $21 000. The audit also highly recommended yet another audit called a comprehensive audit. If yet another audit is absolutely necessary to prove the school needs to be rebuilt, then I favour it. However, if it is an excuse for further procrastination by the minister, I ask him not to waste precious money on unnecessary procrastination but rather focus the department’s energy on the total rebuild.

In October-November 2010 WPS was included in the Building Futures (BF) program, cycle 5, stage 2. Its educational pedagogical rationale work is complete and has been submitted to the department. As soon as the coalition was elected all schools involved with BF were told that that particular program would cease, but unfortunately nothing has replaced it other than yet another audit. The former Labor government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development — it was based on need.

WPS is ready and willing to undertake any process the minister requires in order to be ready for a May 2012 budget announcement which funds their school rebuild. What they cannot do is move to a Liberal electorate in order to receive a positive funding result. At a recent meeting I advised the school council that the minister’s standard response to Labor members is that funding will be going to fulfil Liberal election promises.

I remind the Minister for Education and public servants that when ministers take their oath of office they swear to act without fear or favour. Funding focused on schools in Liberal-held seats is not acting without fear of favour, nor is it acting justly. As one of the school councillors said, how is it that only Liberal electorate schools receive respectful and impartial advice and funding?

I am thrilled that Minister Dixon has since agreed to visit the school by the end of the year, where he will see the clear need for this work to begin urgently.

The basis of this commitment was the August 2010 Spatial Vision report for the Department of Education and Early Childhood Development, Secondary School Provision Plan for the Coburg Schools Network – Demographic Analyses, determined that there was an urgent need to provide secondary school places for year 7 to 9 students residing in and around Coburg. As such, the previous Minister for Education made a commitment to the residents of Coburg and surrounding suburbs to establish a Coburg education implementation task force (CEIT) to examine all options to meet Coburg’s education needs.

I call upon the government to honour this commitment, of which I have tabled several petitions in Parliament.  A local community group, called High School for Coburg, have done a lot of great work in advocating the need for secondary education in the Coburg district, and it is something that needs to be done – urgently.

For more information, visit the High School for Coburg website.

To view the August 2010 Spatial Vision report for the Department of Education and Early Childhood Development, Secondary School Provision Plan for the Coburg Schools Network – Demographic Analyses, click here.

I appreciate the opportunity to raise a matter for the Minister for Roads in his capacity as minister responsible for cycling. The action I seek is that he fund the last component of the Upfield shared pathway. This vibrant pathway is used principally by cyclists but also by people in wheelchairs and those with prams and walkers. It really is a well-used path. Significant work on the pathway was undertaken under Labor, particularly the previous ministers, Peter Batchelor and the current member for Tarneit. They funded the pathway section by section as Moreland City Council worked on detailed plans component by component. The plans have now been finalised and are ready for the remaining section, which is from Box Forest Road to the Western Ring Road.

If we can get that remaining $1.1 million or $1.2 million — and I know Moreland City Council appreciated the opportunity to raise this matter a couple of weeks ago directly with the minister — to complete the shared pathway, it will enable cyclists to access the Upfield shared pathway from the Western Ring Road rather than having to travel down the very dangerous section of the northern part of Sydney Road. Considerable work has been done by those working in Moreland council and those working on the widening of the Western Ring Road to improve the shared pathway. As the ring-road is being widened at the moment, that will of course encourage many more people to cycle.

I ask the minister yet again as a matter of urgency to fund the last link of the Upfield shared pathway. I raised the matter with the minister during the adjournment debate on 25 May. I have had the opportunity to speak to him and tell him I would be raising it tonight.

I hope he has time to come into the house and give some further information and possibly good news for the Moreland Bicycle User Group. The group will have its annual meeting tonight. It would be sensational to be able to tell the group that the minister has yet again come up with money for cycling that will be well used. The Western Ring Road cycle path and the Upfield shared pathway are well patronised. Currently we have more than 2500 cyclists using the Upfield shared pathway every weekday.

Melbourne Water, along with Yarra Valley Water, has a proud record in having delivered the Northern Sewerage Project, but there has been a vast contrast between how Yarra Valley Water has acted and how Melbourne Water has acted. Yarra Valley Water has acted with community engagement and consultation as part of its delivery of its section of the project. In contrast, Melbourne Water had a view, largely generated by a rather senior person there, of stakeholder management which resulted in many errors in its dealings with the community and many oversights. I and the Moreland council have had to become active in ensuring that people’s rights are protected.

We have a nickname for one of Melbourne Water’s leading lights of the Northern Sewerage Project. We call him ‘the colonialist’. His attitude is: ‘This is land that Melbourne Water and I can conquer’, and his attitude with many residents when he goes in to conquer a local area is to throw them some beads, a tomahawk, a saw or the equivalent and then forget the commitments that have been made.

Melbourne Water undertook to restore the Bell Street area to its pre-Northern Sewerage Project condition. It undertook to consult with the community prior to the sale of land, and it has failed.

Now we have been presented with the facts of the OPI report entitled Crossing the Line and with this poor excuse for legislation to tackle corruption in this state.

Let me put on the record that I am a person who wants to exterminate not only aspects of this bill but all aspects of corruption in this state. I point out to this house that the reason I am so appalled by this legislation has been outlined by the shadow minister and also highlighted in this house by the comments contained in this Alert Digest No. 13 of the Scrutiny of Acts and Regulations Committee. SARC’s report looks at a number of items, and I will speak to them in moment.

Firstly, the Independent Broad-based Anti-corruption Commission Bill 2011 creates an illusion.

It is not about anticorruption; it is about an education officer to be appointed by the Premier in relation to educating the public on ethics. That is not a bad thing, but it is not an anticorruption commissioner. Opposition members believe a true anticorruption commissioner needs to be independently appointed through the bipartisan process that is outlined in the member for Altona’s amendment to this bill. That amendment goes to what I think is a core provision of this legislation.

The bill before us provides that the proposed Commissioner will be appointed by the Premier. After having been informed this week and in previous weeks by the information contained in the Office of Police Integrity report entitled Crossing the Line, I do not think there would be a single person in this house who could honestly say they were confident that the new anticorruption Commissioner is going to be establishing himself or herself and the office with a sense of bipartisanship — or all-party support — because you cannot do that if the Commissioner is appointed by the Premier.

Clause 15 of the Independent Broad-based Anti-corruption Commission Bill 2011 states at pages 7 and 8 that the proposed Commissioner is going to be appointed by the Premier. The appointment will be made in consultation with only the Leader of the Opposition.

The Leader of the Opposition does not even have a right of veto if they believe the Commissioner would be compromised either in fact or in perception with links to questionable activities or too strong a link with the minister responsible for this commission or the Premier. What a position we are putting the new Commissioner in. We are putting in a new Commissioner with his or her arms tied to the current government. For those of us who really want to make sure that this state does not have corruption, I think to have the very first appointment done apart from a parliamentary committee is appalling. I do not know whether members of the government have really thought this out, because when they were in opposition they acclaimed that they had a three-year campaign against corruption, but now we have a situation where the new appointment is to be on the Premier’s recommendation.

I support the amendments proposed by the member for Altona. I believe that clause 15 should have the words ‘Subject to subsection (4)’ omitted.

I also think the legislation would be far more robust if the second amendment proposed by the member for Altona were supported in this house. That amendment states:

2. Clause 15, page 8, lines 19 to 27, omit subclause (4).

I know members will vote along party lines, but I think it is important that we put paid right here and now to any suggestion that if the new Commissioner is appointed as the Premier’s gift and the gift of the executive of this government, then that person will be hamstrung from the outset. This piece of legislation fails a number of claims that were made when the government was in opposition and during the election campaign. This commission was going to be up and running from 1 July. Has it been? No! That is a fail. The inaugural appointment does not meet the claims that were made when the now government was in opposition. That is another fail.

Does the bill tell us the powers of the Commissioner? Fail! Does it define corruption? Fail! Does it adequately address issues other than the educative role of the Commissioner? Fail! I argue that this bill is exactly as it was described by the member for Altona. It is an embarrassment; it is subterfuge. Whilst opposition members abhor corruption, we also abhor this very inept piece of legislation. During the election campaign the government said, ‘Trust us; we will deliver on our election promises’. This bill does not deliver on those election promises.

Acting Speaker, you would be very familiar with the important role of Public Accounts and Estimates Committee and the Scrutiny of Acts and Regulations Committee of this Parliament. They are considered very important because they oversight the operations of this Parliament, and they also look at pieces of legislation. PAEC also has a very important role in relation to the appointment of the Auditor-General. I served on PAEC and was for a time its chair.

I think one of the greatest honours for that committee at that time was the deliberation on and appointment of our Auditor-General. However, as important as that appointment was, I see the new joint parliamentary committee as being more important than SARC and more important than PAEC. That is because its appointment of the Commissioner is absolutely crucial. Yet our very first Commissioner is not going to be appointed based on the deliberations of a parliamentary committee.

When you look at the clauses in the Independent Broad-based Anti-corruption Commission Bill 2011 that relate to the parliamentary committee — in particular clause 38 in division 2 — you need to ask: have we got information on the membership of the committee? Is it going to be heavily weighted towards the government? Is it going to operate the way PAEC has?

That means that most of the time, particularly in relation to major issues such as the appointment of the Auditor-General, party politics are put aside and, as the current chair knows, we examine what is best for the citizens of Victoria. Does this bill do that with the Commissioner? No, and the bill is fundamentally flawed as a result.

I support integrity. I support a commissioner who starts this important role fully supported, not only in fact but also in perception, by all members of the government and the opposition. The way this legislation is framed is flawed, and we should all be supporting the amendments circulated by the member for Altona.

The Editor
Moreland Leader

Dear Editor,

A clarification is needed to the article “Opening is an exciting milestone” (Moreland Leader November 7, 2011).

Your article states “It was partly funded by the State Government” – let there be no misunderstanding, it was the previous Labor Government who contributed $500,000 to this Gowanbrae Community and Children’s Centre.  The current State Government has
in fact cut specific programs that provided funding to help build children’s centres, like Gowanbrae, so Victoria’s population growth will no longer be matched with investment in
children’s services.

I am concerned this Gowanbrae centre may very well be the last centre in the
State built with a contribution from the State Government.

Christine Campbell MP
Member for Pascoe Vale

The bill before us amends section 328 of the Criminal Procedure Act 2009 to allow a prosecutor to appear on behalf of a protective services officer (PSO) acting as the informant in criminal proceedings in the Magistrates Court. That is a sensible piece of legislation, and the Scrutiny of Acts and Regulations Committee makes no comment on that.

There is a particular amendment to the Major Crime (Investigative Powers) Act 2004 to extend the duration of the operation of contempt powers currently available to the chief examiner where a person fails without reasonable excuse to answer questions, produce documents, be sworn or make an affirmation or otherwise behaves in a manner that would constitute a contempt of the Supreme Court. The extension for a further four years is made to 1 January 2016. In relation to this provision, the Scrutiny of Acts and Regulations Committee sees that there are no human rights issues to be brought to the attention of the Parliament.

There is a further amendment to the Major Crime (Investigative Powers) Act 2004 which extends for a further four years to 1 January 2016 a no-double-jeopardy provision, so a person who is both guilty of an offence under the Major Crime (Investigative Powers) Act 2004 and found to be in contempt of the chief examiner is prosecuted only once. As far as the Scrutiny of Acts and Regulations Committee is concerned, there are no matters in that amendment we wish to draw to the attention of the Parliament.

In relation to commencement by proclamation, the committee did make a comment, and that was in relation to the delegation of legislative power where commencement was to coincide with the commonwealth legislation. The committee notes that:

…

the explanatory memorandum and the second-reading speech concerning the reasons for removing a default commencement provision of 1 February 2012 for certain sections of the amending legislation. The committee is satisfied that commencement by proclamation to coincide with commonwealth laws is necessary.

Those are the comments I wish to make in relation to the Scrutiny of Acts and Regulations Committee, but I also want to make a couple of points in general. The first is that the government claims that it is going to deliver its law and order policy, which was chief amongst its many electoral commitments. It promised to deliver prompt services, and it also claimed to be open and transparent. That second component has obviously been found to be utterly false in relation to matters that the house has discussed this week.

We had commitments by the opposition leader and now Premier to recruit, train and deploy 940 new PSOs if elected.

We all know that is a commitment that has been extremely difficult to deliver, is way behind schedule and is fraught with unplanned issues. The fact that the government has not planned the basic provision of toilets and rest facilities for these PSOs is an indication that this was policy on the run. It is one thing to promise things in opposition, but the government should have been aware of the matters that would arise if it was elected came to govern. PSOs have been a debacle in terms of recruitment and in terms of the divvy van toilet break scenario. There is utter confusion about how the new PSOs will operate.

We heard real hootin’ tootin’ law and order stuff in relation to the PSOs and how they were going to have massive new powers provided. The reality is that one size does not fit all. It is an illogical policy, and this government has been found wanting in delivering on its PSOs policy. We are here today with this legislation because such a policy and power has brought new challenges to the government and to this Parliament.

However, it is appropriate that this bill allows the public prosecutor to represent all PSOs in criminal proceedings, particularly given the paucity of training they will be provided with. With those comments, I commend the bill to the house.

There was an immense sense of common purpose in the SARC deliberations. We all want to ensure that people have their human rights realised in Victoria. Essentially the difference boils down to whether the charter provisions should be legally enforceable by a citizen against a public authority.

My conclusion was that there needed be legal redress because the evidence showed me and others who hold the minority view that the dialogue model, coupled with legal remedy, placed increased pressure on public authorities to ensure that many citizens had better services; for example, housing, mental health, aged care, free speech, safe work places and the myriad cases where part 2 of the charter act applied.

As parliamentarians, it is incumbent upon us to examine and consider the nature of man and what is inherent in his nature. In turn that leads to an analysis of what rights are owed to every human person by an individual and by us as a society. We need to recognise the communitarian nature of people. Human rights instruments give the community a clear, modern framework, and the Victorian charter of human rights provides a proven, positive course for the Parliament and Victorian community to engage in contemporary human rights dialogue and, importantly, its delivery.

I affirm the dignity of each and every human being; their dignity lies in their membership of the great human family. The charter has delivered to many Victorians rights that otherwise would be unattainable. By nature we are social beings who reach our full potential in relationships with others. It is therefore our duty as MPs to assist the realisation of human rights through legislation, regulation, the financial resources of the budget and our legal and moral responsibilities to our constituents.

The government has until March to respond to the 35 recommendations in the SARC report, and I urge it to ensure that, whatever amendments are made to the charter, there is clear access to the courts when public authorities breach our human rights. Every person needs others; every person needs this Parliament’s support. Our social nature makes it evident that the progress of the human person and the advance of society itself hinge on each other.

The subject and goal of all social institutions is and must be the human person, who by their very nature is completely in need of social life. We all have and recognise a growing interdependence on each other.

The common good makes true human existence and human fulfilment accessible by providing the right to food, clothing and shelter; the right to choose a state of life freely and found a family; and the right to education, to employment, to a good reputation, to respect, to appropriate information, to activity in accord with the upright norms of one’s conscience, to protection of privacy and to rightful freedom, even in religious matters. The human rights instruments echo much of these realities. The United Nations Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights have preambles that recognise the inherent dignity and the equal and inalienable rights of all members of the human family. That is the foundation of justice, peace and freedom in the world.

Every person is our neighbour, and in justice every single member of this Parliament has a responsibility to their constituents to provide the necessary means for every human to live in dignity.

Any amendments made to the charter of human rights need to recognise the foundational premise that we as individuals have a communitarian responsibility to each other. As parliamentarians we will be voting according to our conscience on matters that come up in this arena in the future. I urge members of the cabinet to support the charter of human rights.

Minister for Children and Early Childhood Development Wendy Lovell has been caught out claiming credit for two children’s centres, including one in Gowanbrae, that were in fact funded by the former Labor Government, Member for Pascoe Vale Christine Campbell said today.

Ms Lovell made the misleading claims in statements released while opening the Gowanbrae on 2 November.

Ms Lovell’s release from 2 November, 2011 stated:

“The Victorian Coalition Government contributed $500,000 towards the all-in-one facility in the City of Moreland’s newest suburb, which borders Strathmore Heights.”

“Ms Lovell is attempting to claim credit for Labor funded projects because she has done precious little in the Children’s portfolio after a year in office,” Ms Campbell said.

“What Ms Lovell has achieved is the shocking $1.9 million cuts to the popular Take-a-Break occasional childcare program and her government also axed three funding programs that help deliver new children’s centres into growth areas.

“It beggars belief that Ms Lovell would claim the Baillieu Government funded the project, when in in fact the $500,000 was received in 2008,” Ms Campbell said.

“The centre has been open and operational for some months, but Ms Lovell is trying to trick the public into believing she is solely responsible for it.

“The sad fact is Ms Lovell has cut specific programs that provided funding to help build children’s centres, like Gowanbrae, so Victoria’s population growth will no longer be matched with investment in children’s services.

Ms Campbell said Ms Lovell had made similar claims in Melbourne’s growing northern boundary, incorrectly stating the Baillieu Government had provided in Laurimar.

“Given Ms Lovell has cut dedicated funding for new children’s centres across Victoria; I am concerned these might be the last local children’s centre to receive state funding.”

Sports clubs in Moreland are encouraged to apply for VicHealth grants of up to $2,500 each for new equipment, injury prevention equipment, portable shade and volunteer training.

Applications for the Victorian Health Promotion Foundation (VicHealth) 2011/2012
Active Club Grants funding can be submitted now until Thursday 8 December,
2011.  

A total of $660,000 is available to local sporting clubs, regional sporting leagues and associations and local active recreation clubs across Victoria.

“The grants aim to make it easier for clubs to fund items or activities that help them to improve safety and to reach out to new participants,” Christine Campbell MP, Member for Pascoe Vale said.

“Each year the grants support more Victorians to become active and this is increasingly important as we see the impact of a lack of physical activity in the growing numbers of Australians with chronic diseases and other health problems.”

More than 8,800 sporting codes and clubs across Victoria have received Active Club Grants over the 22 years VicHealth has provided this support. More than 1 million club members have been able to access safer and better equipped clubs with more trained volunteers.

VicHealth CEO, Jerril Rechter said physical inactivity contributes to obesity and heart disease, costing the Australian health system up to $400 million every year.

“We’re keen to encourage the involvement of people who are currently inactive, or who face barriers to taking part in sport,” Ms Rechter said.

“This may include Indigenous communities, people from culturally diverse communities, people with disabilities and those who live in rural or low socio-economic communities. Regular physical activity not only protects against many illnesses, it also makes us mentally healthy, alert and resilient against the stresses of modern life.”

This year’s grants also focus on people aged over 60, who traditionally have low rates of sports participation and young people aged five to 17-years-old and sports that are vulnerable to on-field emergencies.

Eligible sport and recreation organisations are invited to apply for this grant online at www.vichealth.vic.gov.au/activeclub or to post completed applications to VicHealth, 15-31 Pelham Street, Carlton, VIC 3053.

The funding round closes 4pm Thursday 8 December, 2011.  

Christine Campbell, MP, Member for Pascoe Vale, has urged parents to remain vigilant about the need to educate their children on the harmful effects of binge drinking.

“The fear is that a campaign launched today by the Baillieu Government to promote new laws fining adults who supply alcohol to minors may lull parents into a false sense of security,” Ms Campbell said.

“The problem with Mr Baillieu’s new laws is not what they will do – but what they won’t do,” Ms Campbell said said.

“Our concern is that these laws in practice are unworkable and are distracting the Baillieu Government from investing in programs that will actually work – that is, better and more targeted education to parents and children about the harmful effects of underage drinking.”

Ms Campbell said the Baillieu Government’s campaign about the new laws must warn parents that these new laws won’t stop children drinking at private homes.

“Our concern is that some parents may think that these new laws will stop their children being supplied with alcohol at private home parties if they do not provide consent. Sadly,
this is not the case,” Ms Campbell said.

“The reality is many teenagers bring alcohol with them to a party.

“The Baillieu Government must make sure parents are aware of the limitations of these laws.”

Ms Campbell said there were also serious practical issues in enforcing the new laws for police and for parents hosting parties.

“If there are 50 teenagers at a party and 25 have parental consent to be supplied with alcohol and 25 do not, this makes it very difficult for the host parents to know who is allowed to drink and who isn’t,” Ms Campbell said.

Ms Campbell said the Baillieu Government must maintain a focus on community education as the key to tackling binge drinking.

“Teenage binge drinking is a very serious social issue confronting parents today,” Ms Campbell said.

“It has very harmful long-term health effects. Young people under the influence of alcohol are also more vulnerable to dangerous and violent situations.

“Labor supports effective strategies to combat this problem.”

 “On behalf of Westbreen Primary School’s 230 children and 144 families, I asked the minister to visit the school so he can personally hear from the children their need for a rebuild of the old section”, Ms Campbell said.

 “I presented to him a box of letters personally written by individual students on what it means to them to have a new school and how their learning will be enhanced by new facilities”, Ms Campbell said.

 “I was most impressed with the work the students and teachers put into the letters and congratulate them on their efforts”, Ms Campbell said.

 “The Westbreen Primary School family is made up of diligent students, dedicated staff and devoted parents, but they have to work in dismal buildings.  It is in desperate need of rebuilding and has completed the preparatory work required by the Department of Education and Early Childhood Development’s infrastructure branch”, Ms Campbell said.

 “In October-November 2010 Westbreen Primary School was included in the Building Futures (BF) program, cycle 5, stage 2. Its educational pedagogical rationale work was completed and had been submitted to the department. As soon as the coalition was elected all schools involved with BF were told that that particular program would cease, but unfortunately nothing has replaced it other than yet another audit.

 “The former Labor government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development — it was based on need”.

“Westbreen is one school that was assessed as having that need, it should now be funded as a priority”, Ms Campbell said.

 “I am hopeful the Minister will visit to meet the wonderful students and teachers during the next school term”, Ms Campbell said.

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Ms CAMPBELL (Pascoe Vale) — I raise a matter for the attention of the Minister for Education. On behalf of Westbreen Primary School’s 230 children and 144 families, I ask the minister to visit the school so he can personally hear from the children their need for a rebuild of the old section. Westbreen Primary School (WPS) has diligent students, dedicated staff, devoted parents and dismal buildings. It is in desperate need of rebuilding and has completed the preparatory work required by the Department of Education and Early Childhood Development’s infrastructure branch.

 Over the last decade Labor rebuilt Pascoe Vale North Primary School and Oak Park Primary School, each of which received stage 1 and 2 budget funding. Glenroy Primary School was amalgamated with Glenroy North Primary School and the brand-new school will be opened in 2012. Westbreen’s Building the Education Revolution project was the first sizeable funding injection in decades, and it was to be the next primary school rebuilt in my electorate.

WPS had an assisted supplementary maintenance audit in 2011 which identified $155 000 worth of work for immediate attention. No funding was received other than a small amount of supplementary regional funding of approximately $21 000. The audit also highly recommended yet another audit called a comprehensive audit. If yet another audit is absolutely necessary to prove the school needs to be rebuilt, then I favour it. However, if it is an excuse for further procrastination from the minister, I ask him not to waste precious money on unnecessary procrastination but rather focus the department’s energy on the total rebuild.

In October-November 2010 WPS was included in the Building Futures (BF) program, cycle 5, stage 2. Its educational pedagogical rationale work is complete and has been submitted to the department. As soon as the coalition was elected all schools involved with BF were told that that particular program would cease, but unfortunately nothing has replaced it other than yet another audit.

The former Labor government’s program to upgrade every government school in the state was based on the independent advice and assessment of the Department of Education and Early Childhood Development — it was based on need.

WPS is ready and willing to undertake any process the minister requires in order to be ready for a May 2012 budget announcement which funds their school rebuild. What they cannot do is move to a Liberal electorate in order to receive a positive funding result. At a recent meeting I advised the school council that the minister’s standard response to Labor members is that funding will be going to fulfil Liberal election promises. I remind the Minister for Education and public servants that when ministers take their oath of office they swear to act without fear or favour. Funding focused on schools in Liberal-held seats is not acting without fear of favour, nor is it acting justly. As one of the school councillors said, how is it that only Liberal electorate schools receive respectful and impartial advice and funding?