Tuesday, 16 November 2021
The SPEAKER (Hon. Colin Brooks) took the chair at 12.01 pm and read the prayer.
Announcements
Acknowledgement of country
The SPEAKER (12:01): We acknowledge the traditional Aboriginal owners of the land on which we are meeting. We pay our respects to them, their culture, their elders past, present and future, and elders from other communities who may be here today.
Business of the house
Standing and sessional orders
Ms ALLAN (Bendigo East—Leader of the House, Minister for Transport Infrastructure, Minister for the Suburban Rail Loop) (12:02): I move, by leave, that so much of standing and sessional orders be suspended to allow various arrangements to apply until 29 November 2021. I ask that the full motion be made available now:
That so much of standing and sessional orders be suspended to allow the following arrangements to come into effect immediately and to remain in place until 29 November 2021:
Public galleries deemed part of Chamber to assist with physical distancing
(1) The lower and upper public galleries are included as part of the Legislative Assembly Chamber at all times.
(2) The Speaker will allocate seats in the Chamber to the parties and independent members as follows:
(a) a maximum of 56 members and the Chair on the floor of the Chamber;
(b) a maximum of 15 members in the lower public galleries; and
(c) a maximum of 16 members in the upper public gallery.
(3) Members may only seek the call from the floor of the Chamber or the lower public galleries.
(4) The House authorises Protective Services Officers to be present in the upper public gallery as required, in accordance with their normal operational duties.
Divisions
(5) Divisions will take place as follows:
(a) the Chair will direct the Clerk to ring the bells for four minutes for the first division and one minute for any subsequent divisions;
(b) members must take a seat in accordance with paragraph (2);
(c) the Chair will direct that the doors, including the doors to the public galleries, be locked and state the question being voted on;
(d) the Chair will ask members who are voting ‘aye’ to stand in their place and, in turn, will ask members who are voting ‘no’ to stand in their place;
(e) the Clerk will count the votes; and
(f) the Chair will announce the result to the House.
Motion agreed to.
Questions without notice and ministers statements
Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021
Mr GUY (Bulleen—Leader of the Opposition) (12:03): My question is to the Premier. Given widespread community and legal fears that the government’s proposed pandemic laws are too heavy-handed and give an extraordinary amount of power to the Premier or the minister, why won’t the government now withdraw this extreme legislation and start again?
Members interjecting.
The SPEAKER: Order! Government members! It is a great thing to have everybody back in the chamber. I would prefer to keep people in the chamber, but if people want to yell out and interject, they will be out of the chamber.
Can I just remind members that we should not refer to debate in the Council, but the substance of the question that the Leader of the Opposition put is in order, and the Premier is to answer the question.
Mr ANDREWS (Mulgrave—Premier) (12:04): I thank the Leader of the Opposition for his question. The short answer is: because we will not be changing our position from one position to another in the space of weeks. These arrangements are exactly what the Leader of the Opposition asked for just a few weeks ago. I would have thought that the very definition of a political gain is when you ask for something, it happens—but your opponent is the one who delivered it, so you change your position. There is no other conclusion to draw, particularly when you look at the context of the fact that some people for 20 months or more have sought to play politics with this pandemic every day. Those people—those shameful people—have made a judgement that this is all about their political gain, their political ambitions.
Well, that is not what this is about. It is about keeping people safe. It is about putting in place a set of arrangements that the Leader of the Opposition asked for just a few weeks ago. What is more, it is modelled on what occurs in New Zealand, it is modelled on what occurs in New South Wales. If the Leader of the Opposition is upset about politicians making orders, well, he had better get up to New South Wales because that terrible overlord Brad Hazzard has made every order, has signed every order, throughout that pandemic.
Mr Foley: And never has to report to Parliament.
Mr ANDREWS: And never has to report to Parliament.
Let me just take the Leader of the Opposition to this. This would be not the first, not the second, not the 10th, but the 19th report to Parliament on the state of emergency. The 20th will be tabled in just an hour or so. All the orders, all the advice—all here for everyone to see. This is in excess of every other jurisdiction. The bill, which hopefully will become law, goes even further than these arrangements. There are some in this place who are not about the pandemic; they are about the politics. They have shared the stage with some very interesting people who have put some very interesting views, protesting as we speak about ending the lockdown. There is no lockdown. And do you know why? Because instead of cuddling up to anti-vaxxers, we have said no, you must get vaccinated. That is why we are open. The story of the week will not be the nonsense from this one, it will be the 90 per cent double dose. We are not divided. We are in fact united in getting vaccinated. This will clear it up no doubt.
Members interjecting.
The SPEAKER: Order! Just before calling the Manager of Opposition Business, I now issue a warning to all members in the chamber that the level of noise is excessive. People interjecting or being disorderly or yelling across the chamber will be removed from the chamber. That includes the public galleries today as well.
Ms Staley: On a point of order, Speaker, I would ask you to ask the Premier to refer to members by their correct titles and also to stop attacking the opposition.
The SPEAKER: Order! I ask the Premier to come back to answering the question.
Mr ANDREWS: There are some who have shared the podium with people who have used some very interesting titles in recent times. One of them is the star candidate for Kew. I will not be lectured on proper forms by the member for Ripon.
Mr GUY (Bulleen—Leader of the Opposition) (12:08): Under what scenario does the Premier envisage the government’s powers of arbitrary detention of any Victorian contained in its pandemic bill will be used?
The SPEAKER: Just in calling the Premier, I remind the Premier to stick to the broad policy questions and not the specifics of the legislation in another place.
Mr ANDREWS (Mulgrave—Premier) (12:08): Thank you, Speaker, and I thank you for your advice. I would have thought given that the member for Bulleen, the Leader of the Opposition, has been out there having quite a bit to say about this bill that he might well have read it. I would direct him to the second-reading speech, the provisions of the bill and the explanatory memorandum. Again, there is nothing arbitrary about these powers.
Members interjecting.
Mr ANDREWS: You can laugh—oh, it is a joke now? It is the ‘worst thing ever’, but now it is a joke. The Leader of the Opposition is playing rank politics. He does not care how dangerous it gets. You will be judged by those you hang about with and those you are on the preference hunt with. It is a preference hunt and nothing more. People saw through you last time when you were on the low road, and you are back there again now.
Ministers statements: Metro Tunnel project
Mr ANDREWS (Mulgrave—Premier) (12:09): I am delighted to be able to update the house on the progress that the government is achieving with its thousands and thousands of workers on the Metro Tunnel. This is, save and except for of course the Suburban Rail Loop, the biggest heavy-rail project in our state’s history and one of the biggest in our nation’s history: 9 kilometres of twin tunnels, five new underground stations, a turn-up-and-go public transport system, taking the busiest line out of the city loop and creating its own pathway, new trains—a fantastic project and one that runs fully a year ahead of schedule.
I remember only too well from those who are experts on other matters today, they lectured us a few years ago: ‘Oh, that’ll never, ever happen. That’ll never happen. No, no, no—this is all talk. This won’t happen’. Well, now it is more than happening—it is a year ahead of schedule. And doesn’t that, I am sure, hurt some? They would be so upset to think that not only did we talk about the project and promise it before the 2014 election, we wasted no time—with, might I add, not a dollar of commonwealth government money—getting on, and we are delivering this.
We were down at Arden station. That is going to be a fantastic precinct—jobs as well as homes and 15 massive new archways lined with 100 000 hand-laid bricks soaring 15 metres overhead, a tribute to the industrial heritage of that part of our city. But it will be the most modern of technology. I just say to every worker, every apprentice, every trainee, every cadet and everyone in that supply chain: thank you so much for the work that you are doing. This is a year ahead of schedule, giving to our entire state—not just Melbourne but our entire state—the turn-up-and-go, modern, efficient, safe public transport system that every Victorian is entitled to. And what is more, it is this government doing what it said it would do, getting on and getting things done.
Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021
Mr GUY (Bulleen—Leader of the Opposition) (12:11): My question is again to the Premier. The Ombudsman this morning described the parliamentary committee oversight of the government’s pandemic legislation under which Victorians can be detained with no independent review as:
… inherently a political exercise.
How can a committee with a Labor chair and a Labor majority possibly be independent oversight of the government’s pandemic response?
Mr ANDREWS (Mulgrave—Premier) (12:12): I thank the Leader of the Opposition for his question. I have not seen the Ombudsman’s comments.
Members interjecting.
The SPEAKER: Order! Members have been warned about shouting across the chamber. The Premier has the call.
Mr ANDREWS: If those opposite would like me to pretend that I had, no, I will not. I have not seen those comments, so unlike others I will not be making it up as I go. Let us be very clear about this: I have not seen the comments. Even if I had, I would not be entering into a public debate with the Ombudsman. She is an officer of this Parliament, and no doubt if she has views and opinions and issues that she wants to raise, then she will do that through the normal course, which would be to write to me, as she has done on many different occasions. I have no doubt she has written to the Leader of the Opposition about a few matters as well and perhaps to the once Leader of the National Party. He would have gotten a few letters from the Ombudsman too. I am not here to have a debate with the Ombudsman.
These arrangements are in line New South Wales and New Zealand, and they have more scrutiny, more oversight, than the current arrangements and more scrutiny and more oversight than any similar arrangements in our nation. There are those opposite who seek to politicise everything. Everything is about political advantage. That is not a political game that we will play. Lives are at stake. The future of our state is at stake. That is why this pandemic, despite the amazing job that Victorians have done in getting vaccinated—90 per cent later this week. Essentially all the rules will come off. We will be back to normal. Ninety per cent of people have had not one but two doses, and we will keep going. Hopefully we will get even further than that. And I know there are some very upset about that. They would be much happier if we were down at 50 per cent and still locked down. They would be only too happy with that. But that is not what Victorians have done.
But despite that amazing achievement, this is not over. This virus, you do not just switch it off. This virus is still here, and that means we need a framework of rules, albeit far fewer rules, with a sense of optimism and hope and repair and rebuilding and healing and getting back to the things we cherish and spending time with the people that we cherish. But it is not over. The notion that you can just switch it off and there is no need for any more rules—a pandemic-specific set of arrangements is what is required. That is what we have put into the Parliament, and I will leave it to the good work of legislative councillors to make judgements about those measures, and we will see what comes of that parliamentary process. But instead of playing politics with this pandemic, we will get on, get things done, keep people safe and keep the place open.
Mr GUY (Bulleen—Leader of the Opposition) (12:15): Again noting the Ombudsman’s public comments about the lack of government oversight of the pandemic legislation, which she has described as ‘inherently a political exercise’, I ask the Premier: on whose advice were the original pandemic laws drafted, with the suspension of human rights being a key feature?
Mr ANDREWS (Mulgrave—Premier) (12:15): I tell you what, for someone who spent so long—
Mr Guy interjected.
Mr ANDREWS: Well, honestly. You know, we are right up for the rough and tumble, aren’t we? We are right up for it. Get someone to write you a note. Honestly, for someone who has spent more than a little bit of time in recent weeks stirring things, standing with some very interesting people and who is an expert on the bill, he clearly has not read the bill. The contentions are clearly wrong.
Ms Williams interjected.
The SPEAKER: Order! The Minister for Women can leave the chamber for the period of 1 hour.
Minister for Prevention of Family Violence withdrew from chamber.
Mr Guy: On a point of order, on relevance, Speaker, two-thirds of the way into the Premier’s answer, I did ask a straightforward question around ‘on whose advice were the original pandemic laws drafted, with the suspension of human rights is a key feature?’. The Premier has not referred to any of that part of the supplementary question that I asked him.
The SPEAKER: Order! I ask members not to interject across the table and for the Premier not to be drawn on those interjections. The Premier is to come back to answering the question.
Mr ANDREWS: I am simply pointing out, Speaker, that the contention put forward by the Leader of the Opposition, as far as suspensions are concerned, is simply wrong. Instead of running off all sorts of conspiracy theories and hanging out with some pretty interesting types, perhaps the Leader of the Opposition ought to read the bill before he bags it.
Ministers statements: school infrastructure
Mr MERLINO (Monbulk—Minister for Education, Minister for Mental Health, Minister for Disability, Ageing and Carers) (12:17): I rise to update the house on the Andrews Labor government’s now $10.9 billion investment in school infrastructure. I can advise the house that recently we completed a $5.6 million upgrade at Staughton College in the member for Melton’s electorate, we appointed the builder for the $18.12 million upgrade at Glenroy West Primary School in the member for Pascoe Vale’s electorate and in your own electorate, Speaker, we reached practical completion on the over $2 million of improvements at Watsonia Primary School. We are finishing what we started at Warracknabeal SDS in Lowan—neglected by those opposite. A builder has been appointed for the $19.8 million final stage under this government. Construction has commenced on the $26.3 million investment to expand Mount Alexander College as part of the Flemington Education Plan in the Assistant Treasurer’s electorate—one of the best education stories in the state. We have appointed a builder for stage 2 at Upper Yarra Secondary College in the electorate of Eildon for its $4.13 million upgrade. In the member for Bayswater’s electorate—
Mr Taylor interjected.
Mr MERLINO: there he is up there—works on Boronia Heights Primary School’s ovals are now complete. The works on the $4.1 million investment at Wales Street Primary School in the member for Northcote’s electorate—
Members interjecting.
Mr MERLINO: She is up the top as well. They are also complete. There is the new Port Melbourne Secondary College in the Minister for Health’s electorate, which will service families in Fishermans Bend—the land for which was made outrageously expensive due to the dodgy overnight rezoning by the Leader of the Opposition when he was the planning minister. We are getting on with the job. We will open 14 brand new schools on day one, term 1 next year.
Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021
Mr GUY (Bulleen—Leader of the Opposition) (12:19): My question is to the Premier. Victoria’s legal community, the human rights commission and the Victorian Ombudsman have raised significant concerns about the government’s plan to obtain the powers of detention with no independent oversight or review through the government’s pandemic bill. Why has the government proposed to strip Victorians of the right to independent oversight of any detention order?
The SPEAKER: Order! Again, without referring to specifics in the bill, Premier.
Mr ANDREWS (Mulgrave—Premier) (12:19): I will try not to be specific to the bill, Speaker. First of all, I do not think the current member for Kew’s drinking buddies necessarily are the entire legal community.
We have just had it put to us that the Leader of the Opposition and his once friend, the just finished up Shadow Attorney-General, have surveyed the entire legal community.
Mr Guy: On a point of order, Speaker, it is a very serious issue, and I referred to comments made by—
Members interjecting.
The SPEAKER: Order! The Leader of the Opposition has the call.
Mr Guy: I referred to comments by the human rights commission, the Victorian Ombudsman, as well as Victoria’s legal community in relation to detention orders. I ask you to bring the Premier back to answering that straightforward question.
The SPEAKER: The Premier was being relevant to the question.
Mr ANDREWS: Thank you. And I thank the Leader of the Opposition for his question and his interjection. I will not be taking a lecture on the views of the legal community from a bloke who cannot even find a lawyer to be the Shadow Attorney-General. So take a number and do not hold your breath waiting for me to be lectured about the legal community by you.
Mr Guy: On a point of order, Speaker, again, just 20 seconds later, I raise the issue of relevance. I have asked the Premier a specific question in relation to comments made by the human rights commission and the Ombudsman, amongst others, in relation to detention orders. It is a very serious issue, and I ask you to bring the Premier back to answering it.
The SPEAKER: Order! The Premier is being relevant to the question that has been asked.
Mr ANDREWS: I was not asked about ‘amongst others’. I had it put to me by the Leader of the Opposition that he had gone and conducted a survey and the entire Victorian legal community—no doubt not including the member for Malvern, wherever he might be; I doubt that he would be in agreement. I do not know why you are sitting all the way back up there. I would have found you a spot down here. Come on.
Members interjecting.
The SPEAKER: Order!
Mr ANDREWS: Why is he up there? Keep asking me questions, mate.
The SPEAKER: Order! The Premier will resume his seat.
Mr Guy: On a point of order, Speaker, on relevance, two Tuesdays ago, mid-morning, the manager of government business said that we should not be denigrating each other and calling each other names—from the member for Bendigo East. I ask you, on relevance, to bring the Premier back to answering a sensible, straightforward question—which is now getting beyond a joke, that a minute and a half in he has yet to mention detention orders, which is what the question was about. Can you please, finally, bring him back to referring at least to the question asked.
The SPEAKER: The Premier to come back to answering the question.
Mr ANDREWS: I am not calling the member for Malvern names. I am simply referring to the fact that he is right back up there in the stalls. It is not befitting his contribution to this place. But in any event, the Leader of the Opposition said every lawyer in Victoria—every lawyer in Victoria—
Ms Ryan: On a point of order, Speaker, we know that the Premier does not enjoy being asked about these issues—
The SPEAKER: The point of order is?
Ms Ryan: We know that he does not enjoy having to answer these questions, but he is very clearly debating the question, and I ask you to bring him back.
The SPEAKER: Order! I understand the Premier was just coming to answering the question.
Mr ANDREWS: The Leader of the Opposition has put forward a number of comments in his question. He has attributed certain criticisms, and they are wrong. They are simply wrong, as is so often the case. If uncertain, just make it up. If it does not suit your political narrative, just make it up. I reject the way in which the Leader of the Opposition has commented on and has attributed to various groups a unanimity of view, a binary position of yes or no. Debate is perfectly healthy, and there is a healthy debate across this place and across the community on many different matters. What is not healthy is when you send out, having taken points of order about ‘name-calling’, the leader of the opposition in the Legislative Council, the Shadow Treasurer, to do a bit of that himself and hang around with people—well, not every protester—some of whom you could only describe as having quite extreme views, and stirring them up, because it is not jobs, it is not recovery, it is not vaccination and it is not a strong and prosperous and safe Victoria that some want; it is chaos. That is what they want. And no-one could be more upset than this one here that we are going to hit 90 per cent double dose and that we are open—no thanks to you and the games you play.
[The Legislative Assembly transcript is being published progressively.]