Legislative Council Hansard - Tuesday 16 November 2021
Legislative Council Hansard
Tuesday 16 November 2021

Tuesday, 16 November 2021

The PRESIDENT (Hon. N Elasmar) took the chair at 11.35 am and read the prayer.

Announcements

Acknowledgement of country

The PRESIDENT (11:36): On behalf of the Victorian state Parliament I acknowledge the Aboriginal peoples, the traditional custodians of this land which has served as a significant meeting place of the First People of Victoria. I acknowledge and pay respect to the elders of the Aboriginal nations in Victoria past, present and emerging and welcome any elders and members of the Aboriginal communities who may visit or participate in the events or proceedings of the Parliament.

Bills

Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Bill 2021

Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Bill 2021

Terrorism (Community Protection) Amendment Bill 2021

Water and Catchment Legislation Amendment Bill 2021

Royal assent

The PRESIDENT (11:37): I have a message from the Governor, dated 3 November:

The Governor informs the Legislative Council that she has, on this day, given the Royal Assent to the undermentioned Act of the present Session presented to her by the Clerk of the Parliaments:

45/2021 Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021

46/2021 Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021

47/2021 Terrorism (Community Protection) Amendment Act 2021

48/2021 Water and Catchment Legislation Amendment Act 2021

Liquor Control Reform Amendment Bill 2021

Royal assent

The PRESIDENT (11:37): I have a further message from the Governor, dated 9 November:

The Governor informs the Legislative Council that she has, on this day, given the Royal Assent to the undermentioned Act of the present Session presented to her by the Clerk of the Parliaments:

49/2021 Liquor Control Reform Amendment Act 2021

Committees

Parliamentary committees

Membership

The PRESIDENT (11:38): I advise the house that I have received a letter from Mr Matthew Guy, the member for Bulleen, resigning from the Electoral Matters Committee effective from 28 October 2021. I further advise the house that I have received a letter from Mr Ryan Smith, the member for Warrandyte, resigning from the Scrutiny of Acts and Regulations Committee effective from 16 November 2021.

Announcements

Significant milestones

The PRESIDENT (11:38): I wish to acknowledge some significant milestones over recent days.

Last Thursday we commemorated the 103rd anniversary of the armistice ending the First World War and we honoured the many people who made the ultimate sacrifice for our nation. We will remember them. Lest we forget.

Last week also marked 170 years since Victoria’s first Legislative Council met for the first time at St Patrick’s Hall in Bourke Street to begin the work of developing a constitution for Victoria. On 11 November 1851 the Council convened to swear in its members and elect its presiding officer. The official opening was held on 13 November 1851.

Finally, this past Sunday marked the 170th anniversary of our parliamentary library, which was established on 14 November 1851, working first at St Patrick’s Hall before moving to its permanent home here at Parliament House on Spring Street. May I take this opportunity on behalf of all members to congratulate and thank all the staff of our parliamentary library past and present for their dedicated service to the Parliament.

COVID-19 vaccination

The Clerk: Pursuant to paragraph (6) of an order of the Council on 14 October 2021 and further to my emails to members on 29 October 2021, I report to the house that Mr Limbrick and Mr Quilty have now complied with paragraph (3) of the order and their suspensions have been lifted.

Business of the house

Standing and sessional orders

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:40): I desire to move, by leave:

That the following temporary order comes into effect immediately and remains in place until 31 December 2021, unless the house resolves otherwise:

1. Order of Business

The Order of Business on Wednesday will be—

Messages

Formal Business

Members’ Statements (up to 15 Members)

General Business

At 12.00 noon Questions

Constituency Questions (up to 15 Members)

General Business (continues)

At 6.45 p.m. Statements on reports, papers and petitions (30 minutes)

At 7.15 p.m. Adjournment (up to 20 Members)

Upon any interruption of business under this temporary order, Standing Order 4.08 relating to the extension of sitting will apply and unless otherwise ordered by the Council, the Order of Business on Friday will be—

Messages

Formal Business

Government Business

At 12.00 noon Questions

Constituency Questions (up to 15 Members)

Government Business (continues)

At 4.00 p.m. Adjournment (maximum 30 minutes)

Leave refused.

Questions without notice and ministers statements

COVID-19

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:42): My question is to the Attorney-General, and I refer to the freedom of information request concerning the government’s February lockdown, where the opposition sought formal written briefings provided to the chief health officer, and specifically also to the determination of the Office of the Victorian Information Commissioner that key briefings be released. Minister, the government has appealed the independent umpire’s decision and is seeking to block the release of these secret briefings. Why is the government not behaving as a model litigant in these matters, instead seeking to block the release of information the public is entitled to see?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:43): I thank Mr Davis for his question. Mr Davis, the government is entitled to afford itself rights that are attributable to everyone under the legal parameters that we operate in, so there is nothing unusual about reviewing a decision. But I will also put on the record that it is not my decision to make.

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (11:43): I thank the Attorney for her response. Whilst the decision is not hers to make as such, it is hers to make with respect to ensuring that the government behaves as a model litigant. In this case the government is using legal tricks and chicanery far beyond the normal approach, and as a model litigant the government should be open to providing information instead of blocking its release. I ask therefore: will you investigate the government’s misbehaviour in repeatedly blocking the release of information when it should be behaving as a model litigant?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:44): I refute the premise of the question. It is not inappropriate to seek to have questions determined by the appropriate legal avenues, and I stand by my answer to your substantive question.

COVID-19

Dr CUMMING (Western Metropolitan) (11:44): My question is to the Premier. Does he support the view of the chief health officer expressed in an article in the Medical Journal of Australia? The chief health officer has criticised the federal government for not addressing the economic and mental health effects of the pandemic in its national COVID road map. To quote the article:

The continuing mental health effects of disruptions to life during 2020 and 2021 are already being seen in the health system, and, as with natural disasters, they will need to be managed for years, not weeks.

It is:

… as if we could all soon heave a sigh of relief and … move on.

The recovery phase after public health emergencies normally includes addressing their economic effects and managing the mental health impacts.

This is from the chief health officer.

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:45): Dr Cumming, you have sought a response from the Premier. I believe you have asked for an opinion of his in relation to the comments that you articulated are present in that article referencing the chief health officer. I will forward your question to the Premier for a response.

Dr CUMMING (Western Metropolitan) (11:46): Thank you, Attorney. I look forward to the Premier’s response. Does the Premier acknowledge that the economic and mental health effects of COVID are due to the harsh lockdowns and restrictions imposed by the chief health officer? Victoria has suffered the harshest lockdowns anywhere in the world. Victorians were locked up in their homes for over 20 hours a day. They were homeschooling their children. They were working from home. They were separated from their friends and their loved ones, from their support systems. They lost their jobs and their businesses. And then they were coerced into getting a vaccine or locked out of society—all supposedly in the interest of keeping us safe and well. I am looking forward to the Premier’s response.

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:47): I will pass that on to the Premier.

Ministers statements: sexual offences

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (11:47): It is a great honour to update the house on the government’s response to the Victorian Law Reform Commission’s (VLRC) landmark report into improving the justice system’s response to sexual offences.

This report is sobering reading. The number of victims who never report what happened to them, the number of offenders who never have to account for their conduct and the way the system retraumatises those who do come forward are confronting, and we have committed to take action. This report represents a road map for government to make the system work better. We are getting on with the work of implementing the report. We already have been developing a 10-year whole-of-government strategy on sexual violence and sexual harm, which I will bring back to the public and to this chamber next year.

I was pleased to announce that we will be developing reforms to move Victoria to an affirmative consent model. This significant change will shift focus away from the conduct of the victim and ask what the perpetrator did to ensure the victim was consenting. We will also legislate to make it clear that the dangerous practice of stealthing—that is, removing a condom or other protective device during sex without consent—is a crime. These changes will form just one part of our work to transform the system into one that works coherently to support victims in seeking justice and reduce sexual harm in all its forms.

I want to thank the VLRC and chair Tony North, QC, for their comprehensive report, which is a monumental piece of work. I also want to express my gratitude to and respect for the survivors who contributed their experiences to the VLRC’s report and the many who have said that they want to work with us to implement this response. Your resilience in the face of trauma and your commitment to protecting those who come after you is truly remarkable. In the words of an amazing survivor, Geraldine Bilston:

[QUOTE AWAITING VERIFICATION]

We share our stories not because we want you to feel sorry for us but because we believe in a better future.

COVID-19

Ms CROZIER (Southern Metropolitan) (11:49): My question is to the Minister for Workplace Safety. Minister, the shocking deaths, mismanagement and mistakes that occurred at St Basil’s aged-care home are being investigated, with St Basil’s suspected of breaches of the health and safety act. Yet, Minister, a root cause analysis by specialist emergency physician Dr Ian Norton, who handed it to the inquest currently underway, highlighted a decision by chief health officer Brett Sutton to replace all St Basil’s staff with a commonwealth workforce, despite it being dismissed by doctors from Northern Health as a ‘shocking idea’, and I ask: why is WorkSafe not currently probing the responsibility, the mistakes and the culpability of the Victorian Department of Health in the deaths that occurred at St Basil’s?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (11:50): I thank Ms Crozier for her question, and I note that these matters are currently the subject of a coronal inquest. It would not be appropriate for me to comment in that context, and as I have said a number of times in the house before, WorkSafe’s enforcement activities are at arm’s-length from me and are a matter for the independent safety regulator. I further note that the aged-care sector, other than the public part of that sector—the private aged-care sector—is the primary responsibility of the federal government, and Ms Crozier would be well aware of that fact.

Ms CROZIER (Southern Metropolitan) (11:51): I note the minister is again trying to have no responsibility in her portfolio. Minister, Dr Sutton was the one who officially ordered the workforce standdown and was certainly responsible for the delay in the Victorian Department of Health notifying the commonwealth, despite the Victorian department being notified, so I ask: why is WorkSafe not investigating Dr Sutton’s delay in notifying the commonwealth, given this delay is likely to be central to many of the sad deaths that occurred? Is it another Andrews government cover-up? Doesn’t WorkSafe owe it to the 50 residents who lost their lives and their families to find the truth?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (11:51): I thank Ms Crozier for her supplementary question, and again, these matters are currently the subject of a coronial inquest. In addition to that, Ms Crozier would know that outbreak management is squarely the responsibility of the public health team. Throughout this pandemic that has been the case, and that is the responsibility of the chief health officer, the public health team and the Minister for Health. What investigations WorkSafe undertake in the context of the safety of workers and the responsibilities of duty holders are a matter for the safety regulator. I do not direct WorkSafe in that regard, and I would point Ms Crozier to the answers I have given the chamber in relation to this matter on numerous occasions.

Police conduct

Mr LIMBRICK (South Eastern Metropolitan) (11:52): My question is for the minister representing the Minister for Police in the other place. On 29 September this year the ABC reported that a police officer had been suspended pending an investigation after a video which was widely shared on social media surfaced. The video appeared to show a man talking calmly to two police officers at Flinders Street station who was approached from behind by another officer and then thrown to the ground, with his head appearing to hit the ground. I would like to ask the minister to provide an update to the house on the status of this investigation.

Ms TIERNEY (Western Victoria—Minister for Training and Skills, Minister for Higher Education) (11:53): I thank Mr Limbrick for his question and the case that he raised, and I will refer that matter to the Minister for Police for a response.

Mr LIMBRICK (South Eastern Metropolitan) (11:53): I thank the minister for passing that on. Further to this incident, I have been asked by many members of the public about the welfare of this man, as he appeared to suffer a severe blow to the head. Could the minister please comment as to the welfare of this man after the incident?

Ms TIERNEY (Western Victoria—Minister for Training and Skills, Minister for Higher Education) (11:53): Again, I thank Mr Limbrick for his supplementary question, and I will see whether the minister has any information in respect to that matter.

Ministers statements: Remembrance Day

Mr LEANE (Eastern Metropolitan—Minister for Local Government, Minister for Suburban Development, Minister for Veterans) (11:54): I would like to update the house on this year’s Remembrance Day service at the Shrine of Remembrance, which our government were very happy to facilitate with $70 000 to help put this event on. Can I say from the outset what a magnificent job the shrine trustees and the CEO, Dean Lee, did in delivering a fantastic commemoration in a year that honoured 21 years service and sacrifice in the 21st century. They recognised and honoured the Australian Defence Force veterans past and present and reflected on recent conflicts, peacekeeping efforts and disaster relief missions. Can I acknowledge the attendance, of course, of Victoria’s Governor, the Premier, the Prime Minister and the Deputy Minister.

In a very significant moment, Boon Wurrung elders Uncle Shane Clarke and Uncle Mik Edwards performed a smoking ceremony.

This was the first time a smoking ceremony has been performed at the shrine. Uncle Mik Edwards delivered a powerful welcome to country, and I thank him for that. The Remembrance Day commemorations were also live streamed on the shrine’s website, Facebook and YouTube channels for commemoration at home.

And of course, while we commemorate brave Victorians, we also need to continue to acknowledge contemporary veterans and ex-servicemen and women in really important ways. Can I acknowledge the announcement from Minister Pulford of a subsidy of $20 000 for any employer that employs an ex-serviceman or woman. This is a great announcement, and I think these are real things. I will have more to say about housing early next year and also more to say about employment early next year and also more to say about mental health for these important people.

Youth employment

Dr BACH (Eastern Metropolitan) (11:56): My question is for the Minister for Employment. ABS data released last week revealed that almost 22 000 young Victorians lost their jobs during the pandemic following the government’s many lockdowns. Victoria now accounts for almost six in 10 jobs lost by Australians aged between 15 and 24 years. In June this year, Minister, you said, quote:

Our priority is to make sure that no one misses out on a chance to keep a job or find a job—our young people are so important and we won’t leave them behind as we work our way through this pandemic.

Well, you have left them behind. What is your new plan to get those 22 000 young Victorians back in work?

Ms PULFORD (Western Victoria—Minister for Employment, Minister for Innovation, Medical Research and the Digital Economy, Minister for Small Business, Minister for Resources) (11:57): I thank Dr Bach for his question and his interest in the government’s extensive program of support for people who are at risk of missing out on being part of the rapid economic recovery that is occurring in Victoria at the moment.

Dr Bach referred to the latest Victorian labour force statistics, which were released last week. As all members would expect, they represent a period of very significant restrictions following an extended lockdown. I would refer members for their reference also to comments made at the Public Accounts and Estimates Committee last week by the Secretary of the Department of Treasury and Finance. Whilst the current unemployment rate is 5.6 per cent, last month’s accounting of this had it at 4.7. The estimation of the Treasury department is that it will not be any time much at all until the number begins with a three.

One of the most significant things facing Victorian industry at the moment is a labour shortage and a skills shortage, and as people open this is quite acute and it is particularly impacting some sectors.

But specifically on the question of what we are doing to support young people who are out of work, I would refer Dr Bach to our $619 million Jobs Victoria program. It is providing wage subsidies of $10 000 or $20 000 to people in at-risk groups, so groups at risk of long-term unemployment—indeed the veterans that Mr Leane referred to just a moment ago, women over 45, young people under 25 and a number of other groups that experience particular vulnerabilities or particular risk of being long-term unemployed.

There are many, many examples I could give, Dr Bach, but just yesterday I visited Ohana Hairdressing—Hawaiian for ‘family’—in Collingwood, and I met Olivia, who is the business owner. She had just taken on a young woman called Ciara who has been out of work—always wanted to be a hairdresser—for quite some time, including through the pandemic, and is just commencing now as a direct result of one of the programs funded through the $250 million jobs fund, a partnership with Box Hill Institute getting 75 hairdressers into work from having been out of work. Many of those will be young people.

There are similar initiatives in caravan construction, in aged care, in community services, in logistics and distribution, and in transport. The list is long, but I would encourage Dr Bach and all members to familiarise themselves with the Jobs Victoria program information. It is all available on the website. You can click the ‘I am an employer’ button or ‘I am looking for work’ button and you will find what you are looking for and the support you need.

Dr BACH (Eastern Metropolitan) (12:00): I am very happy for Ciara. However, her recent employment will be cold comfort to the 22 000 young Victorians currently out of work. Despite the extensive suite of programs that the minister boasts about, clearly they are not fixing this big problem caused by the Labor government. Victoria now has the highest youth unemployment rate in the nation. Over the same period, for context, every other state got more young people into work, including 22 700 more in our northern neighbour, New South Wales. If every other state can foster youth employment, what are you doing wrong in Victoria, Minister?

Ms PULFORD (Western Victoria—Minister for Employment, Minister for Innovation, Medical Research and the Digital Economy, Minister for Small Business, Minister for Resources) (12:00): I would encourage Dr Bach to familiarise himself with youth unemployment data over time. What I would indicate to and again encourage Dr Bach to observe is the data this time last year, this time the year before or indeed when our government came to office. The Jobs Victoria program represents a threefold increase on our employment programs compared to at any other point in their history, but since 2016 there have been employment programs specifically targeting young people that are out of work. I work closely with Minister Tierney, who of course is overseeing substantial reform of and significant investment into the training system. We are making sure that young people have the skills that they need and all of the other types of support that they need—it might be transport, it might be something to wear to a job interview—to get into work. I look forward to improvement— (Time expired)

Child protection

Ms MAXWELL (Northern Victoria) (12:02): My question is to the Minister for Workplace Safety and Minister for Early Childhood for the Minister for Child Protection in the other place. Minister, child protection services stopped face-to-face visits with children who were at risk of neglect and abuse during the pandemic. This included contact for two children who later died. The commission was notified of 45 children who died after having contact with child protection. The commission noted that reduced face-to-face contact meant child protection could not adequately assess risks facing children who are significantly vulnerable and that direct support ceased at a critical time. Decisions to cease contact were made individually without consultation with other agencies. Minister, can you confirm that all face-to-face visits have now resumed in full to ensure comprehensive risk assessments can be undertaken and supports put in place to help protect these vulnerable children?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (12:03): I thank Ms Maxwell for her question for the Minister for Child Protection, and I will certainly refer the question to the minister for a written response in accordance with the standing orders.

Ms MAXWELL (Northern Victoria) (12:03): Thank you, Minister. A section 38 consultation can be initiated where community services and child protection flag a case where there is poor engagement. Can the minister advise, given the lack of face-to-face visits during the pandemic, if any audit has been undertaken of all cases and how many section 38 consultations are in effect to ensure timely assessments are resumed for those at-risk children?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (12:03): I thank Ms Maxwell for her supplementary question, and I will seek a written response from the minister.

Ministers statements: business support

Ms PULFORD (Western Victoria—Minister for Employment, Minister for Innovation, Medical Research and the Digital Economy, Minister for Small Business, Minister for Resources) (12:04): I rise to update the house on the work our government is doing supporting business chambers and local traders groups. Last Wednesday it was a delight to join regional chambers and traders groups from right across the state in Ballarat to launch the Victorian Regional Chamber Alliance. The alliance will provide a collective voice for regional chambers of commerce and business associations. I would like to pay particular credit to my friend Jodie Gillett, the CEO of Commerce Ballarat, for whom this has been a real passion project, an idea that has taken root as a result of the importance of networking and sharing of ideas through the pandemic and that shows such exciting potential and opportunity as we drive an economic recovery that is experienced and enjoyed by people right across the state. I was joined at the launch by my colleagues in the other place the member for Buninyong and the member for Wendouree, who are both terrific advocates for regional businesses.

I want to acknowledge the critical role played by local traders organisations, including those in Melbourne’s suburbs and CBD, during the COVID-19 pandemic. Right across the state these groups have provided crucial information to their members on restrictions, vaccine requirements and government support. They have also assisted businesses to adapt their operations to survive, and indeed for some to thrive, in the face of the unprecedented challenges they have been experiencing. Without them many businesses would not have made it through, and it is so important that we continue to back these groups, these mainstays of our local communities, as we come out the other side of what has been a very challenging time. It is why we created the $5 million business chamber and local traders program last year. I am very pleased to advise that a second round of the program is now open, with grants available to associations for activities and programs that support locally led initiatives that educate, inform and empower small businesses.

COVID-19

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (12:06): My question is for the Minister for Workplace Safety. Minister, today at the St Basil’s inquest they have heard that the Victorian Department of Health did not require aged-care homes to return self-assessments used to identify gaps in infection control procedure. A member of the outreach team that visited St Basil’s before the first COVID case was identified last year is under close questioning at that inquiry, with shocking revelations. I therefore ask: given the failures that have been identified, will WorkSafe investigate the Department of Health and its failure under the workplace safety act?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (12:06): I thank Mr Davis for his question. As I have already indicated, these matters are literally the subject of evidence being heard, as we speak, at a coronial inquest, and it would be completely inappropriate for me to comment on matters that are not only outside of my portfolio in terms of the responsibilities for aged care but are the subject of an important inquest currently underway. All I can do to assist Mr Davis is to reiterate what I said in my answer to Ms Crozier earlier today, which is that the workplace safety regulator, WorkSafe, take employers’ duties under the Occupational Health and Safety Act 2004 extremely seriously and they have literally conducted thousands and thousands of workplace inspections throughout the period of the pandemic, including across the health and care sectors. But it is appropriate that they undertake their enforcement activity as they see fit at arm’s length from the government.

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (12:08): It is all very well for the minister to try to say, ‘Oh well, they’re over there; they’re nothing to do with me’. She is the minister and questions can be asked of her about the activities of her agency, and I therefore ask: isn’t this in fact a regulatory failure that should be investigated by WorkSafe given the terrible, tragic deaths that have occurred under the watch of this government?

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (12:08): Mr Davis, my understanding is that the regulatory responsibility for private aged care in this country rests with the federal government, with the commonwealth of Australia.

Hen welfare

Mr MEDDICK (Western Victoria) (12:09): My question is for the Minister for Agriculture in the other place. Last week a devastating fire tore through a shed in Carisbrook. Most reports in the media mentioned that the shed could not be saved, with no mention of what, or rather who, was inside. Inside the shed were tens of thousands of gentle, docile hens. The Farm Transparency Project acted on a tip-off and attended the wreckage, but sadly not a single one was spared. Every single one of these hens, treated as an egg-laying machine, was engulfed in the flames and smoke. Will the minister be undertaking an inquiry into how this fire took place and if it could have been avoided?

Ms TIERNEY (Western Victoria—Minister for Training and Skills, Minister for Higher Education) (12:10): Thank you, Mr Meddick, for your question and your ongoing concern for animals. The matter will be referred to the Minister for Agriculture for a response.

Mr MEDDICK (Western Victoria) (12:10): Thank you, Minister. The supplementary: the hens in this shed were part of a barn-laid operation. While not confined to cages it is still a form of factory farming. What is the government doing to address intensive farming, which is broadly opposed by the public?

Ms TIERNEY (Western Victoria—Minister for Training and Skills, Minister for Higher Education) (12:10): Mr Meddick, I am not quite sure whether the supplementary is connected to the original substantive, but regardless, I am happy to refer the matter to Minister Mary-Anne Thomas.

Ministers statements: early childhood education

Ms STITT (Western Metropolitan—Minister for Workplace Safety, Minister for Early Childhood) (12:11): On Monday the government announced that kindergartens and long day care centres will be eligible to opt in to the rapid antigen testing scheme in line with schools. We want to help our young children get back to face-to-face learning with their teachers and educators as quickly as possible—

Members interjecting.

The PRESIDENT: Order! Thank you.

Ms STITT: and testing is an important tool to do that. Free rapid antigen test kits will be provided to all eligible services. It will reduce both quarantine time and pressure on families, while ensuring early childhood settings are as low risk as possible. Eligible kindergarten and long day care services can opt in to the program to receive at-home test kits for children who have been identified as primary close contacts—

Members interjecting.

The PRESIDENT: Order! I cannot hear the minister. Thank you. Dr Cumming, please!

Ms STITT: Thank you, President. Test kits will be available to early childhood services subject to outbreaks from this Monday and will be distributed to eligible services ready to be used from next Monday. Service providers will establish a system to collect, record and hold the testing information, and parents and carers will opt in for their children to be part of the scheme. It means that children can return to their early childhood services after seven days of quarantine if they get a negative standard PCR test on day six. I am sure—

Members interjecting.

The PRESIDENT: Order! I do not want to repeat myself and keep repeating the warning. Dr Cumming, please—and this side too—do not help the other—

Dr Cumming interjected.

The PRESIDENT: Order! Please—I am on my feet.

Ms STITT: Thank you, President. It means that children can return to their early childhood services after seven days of quarantine if they get a negative standard PCR test on day six. Children will then move on to seven days of at-home rapid antigen testing. A negative test result is required on the days the child attends their early childhood setting. The quick and easy tests indicate a result for coronavirus within 15 to 30 minutes, with families required to report the test results to the early childhood service each morning prior to attending.

I know that the early childhood education and care sector have welcomed this announcement, and I am sure they are interested in hearing the details of it, even if others are not. Supplying these test kits is just another way we are supporting the sector to provide COVID-safe environments for children to learn and for educators to work.

Written responses

The PRESIDENT (12:14): Regarding questions and answers today: Dr Cumming’s question to the Premier, two days for the question and supplementary; Mr Limbrick to police, two days, question and supplementary, Ms Tierney; Ms Maxwell to Ms Stitt, two days for the question and supplementary; and Mr Meddick, for agriculture, Ms Tierney, two days question and supplementary.

Constituency questions

Northern Metropolitan Region

Mr ONDARCHIE (Northern Metropolitan) (12:14): My constituency question today is for the Minister for Police. The people of Broadmeadows in my electorate of Northern Metropolitan Region are concerned about antisocial behaviour, illegal dumping of rubbish and graffiti. Recently I invited the Broadmeadows locals to complete my community survey, and I am very thankful to those residents who responded. Broadie is such a diverse and wonderful community. It has a strong manufacturing background, which played a major part in building Melbourne’s car industry and supporting our state in the past.

The parks are beautiful in the local area. They have been a vital asset to the community during lockdown, so they need to be protected. The question I have for the minister is: will the minister commit to extra police patrols to better deter illegal dumping of rubbish near Valley Park, Riggall Street near Merlynston Creek and Riggall Street at the Yuroke Creek end? The residents of Broadie want a safer and cleaner suburb in which to raise their families.

Western Metropolitan Region

Ms VAGHELA (Western Metropolitan) (12:15): My constituency question is directed to the Assistant Treasurer, Minister for Regulatory Reform, Minister for Government Services and Minister for Creative Industries, the Honourable Danny Pearson. My question relates to the portfolio responsibility of creative industries. The Andrews Labor government is supporting musicians, bands and music businesses to get back to the stage. Grants of between $4000 and $40 000 are available for activities, including recording and releasing new music, presenting music events, marketing and business development. Investment in the music industry is much needed as it will help reignite the famed Victorian music industry. My question to the minister is: can the minister please provide me an update on how residents and musical businesses of the Western Metropolitan Region will benefit from this important initiative?

Western Victoria Region

Mr GRIMLEY (Western Victoria) (12:16): My question is to the Minister for Regional Development. The Moorabool shire is earmarked for exponential growth in the years to come. Towns like Bacchus Marsh are predicted to have thousands of new residents, and with this brings the need for important infrastructure. The Moorabool shire have planned for this exponential growth and are looking to build a brand new recreational facility, the Moorabool Aquatic and Recreation Centre, or the MARC. Unfortunately the Moorabool shire missed out on funding for stage 1 of the MARC. However, the shire acknowledge the importance of this project and have gone ahead with the build for stage 1 without assistance. Moorabool needs more support, as stage 1A is now entering the pre-build phase, and they are awaiting the outcome of a Regional Development Victoria grant application for $2.95 million. The entire MARC project will create more than 200 jobs during construction and generate more than $100 million in economic activity during the life of the project. Minister, will you carefully consider the current grant application for stage 1A of the MARC to ensure that it is fully funded before construction of stage 1 gets underway?

Northern Victoria Region

Ms LOVELL (Northern Victoria) (12:17): My question is for the Minister for Health and concerns stage 2 of the redevelopment of Goulburn Valley Health. I have continuously raised the importance of completing the full redevelopment of GV Health and also sought funding commitments from the Labor government, who continue to sit on their hands on this issue. When the minister visited GV Health in January this year he spruiked the government’s funding of $2 million for planning of stage 2 of the redevelopment. This funding was actually announced in May 2019 as part of the 2019–20 state budget. Two and a half years later we still have no idea of the progression of stage 2, and the Goulburn Valley Health community deserve an explanation from the minister on the status of this badly needed infrastructure project. Will the minister provide an immediate update on the status of stage 2 of the Goulburn Valley Health redevelopment and give an undertaking to publicly release the GV Health master plan?

Western Metropolitan Region

Dr CUMMING (Western Metropolitan) (12:18): My question is to the Minister for Health, and my question is this: how are people who do not own a mobile phone to prove vaccination status in Western Metropolitan Region, and why have you locked out the poor and the vulnerable in Western Metropolitan Region? I met Mr Ian Reid, who lives at Floyd Lodge, which is a Cohealth community health service in Hanmer Street in Williamstown, on the steps of St Mary’s church in Cecil Street on 11 November, which was Remembrance Day. He wanted me to buy him a mobile phone as he now cannot get into any of the shops because he has not got a digital passport. He has a speech impediment, he is 88, he is frail and he has no family for help. Minister, why have you locked out the poor and vulnerable? Why can’t they continue on using paper and pen?

Eastern Metropolitan Region

Dr BACH (Eastern Metropolitan) (12:19): I rise to ask a question on behalf of concerned residents of Landale Street, Box Hill, in my electorate. I have asked similar questions previously of the Minister for Health, but as he has not deigned to give me a reply, I will seek to ask again. My question in short is: will he move the testing site on Landale Street, Box Hill, to one of any number of more suitable locations? As I have previously informed the minister, this testing site has led to very significant traffic congestion in Landale Street.

More than that, it makes the street unsafe. I have now had credible reports of a number of accidents in the street with cars being damaged. In addition there is a significant amount of medical waste in the street. I have gone there myself, and it does seem to me to be a most inappropriate location for a testing hub. I would urge the minister, please, to respond to the concerns of my local constituents and to move this testing site.

Northern Victoria Region

Mr QUILTY (Northern Victoria) (12:20): My constituency question is for the Minister for Health. Albury Wodonga Health is in the process of planning a new hospital big enough to service the combined cross-border community. There is a parcel of former railway land situated in the north of Wodonga owned by the state government. The land is near the Bandiana Link Road, providing access from the freeway, making it close to anywhere in the twin cities. This land is the ideal location for a greenfield site for the new hospital as well as a co-located private medical precinct. This is an opportunity for forward planning and securing a parcel of land that will serve the growing needs of Wodonga and the border area for the future. A location for the hospital must be chosen. It is important this land be secured for this purpose now before it is built out or sold off for development. I have long been an advocate for this site. Minister, will you reserve this land for the hospital and start the broad planning and the rollout of the necessary infrastructure to prepare for the construction of the new Wodonga hospital and medical precinct over the next 15 years?

Western Metropolitan Region

Mr FINN (Western Metropolitan) (12:21): My constituency question is to the Minister for Health. On Wednesday of last week one of my constituents was raided by so-called authorised officers at his surgery in Sunshine. Dr Mark Hobart is a respected and much-loved GP of 30 years. This raid on his surgery has shocked and indeed horrified many locals. They cannot understand why the government would take such action against their family doctor, who they know to be a very good man. What has disgusted them in particular is the seizure of their confidential health records. Minister, do you and the government respect the sanctity of the doctor-patient relationship, and if so, will you ensure that my constituents’ medical records are returned immediately from where they were taken and allow Dr Hobart to continue to serve them into the future?

Southern Metropolitan Region

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (12:22): My constituency question is for the attention of the Minister for Transport Infrastructure, and it concerns the government’s plan for a sky rail at Mentone and Parkdale. The very clear point here is that there was a large demonstration on the weekend. Thousands of people attended on Sunday, including my colleague Ms Staley, who spoke to that rally and listened to what the concerns of people are. In the lead-up to the last election the member for that area promised that there would be no sky rail. He was not there. But my purpose today is to seek for the Minister for Transport Infrastructure to visit the people in that area, and I ask: will she join me and others in a visit to the area where she proposes to build a sky rail, which was ruled out by her and the member for Mordialloc before the last election?

Western Victoria Region

Mrs McARTHUR (Western Victoria) (12:23): My question is for the Minister for Public Transport, Ben Carroll, and concerns the installation of boom gates at the Lydiard Street level crossing in Ballarat. Yesterday, 534 days after a train smashed through the heritage gates, the crossing finally became usable to traffic. $10.5 million has been spent on this temporary solution. However, I was in Maryborough yesterday and stood outside a rail depot where it is well understood that a replica set of the heritage gates is in storage. The gates were in Ballarat on the day the train crash happened, I am assured. The next day, I am also told, they were hurriedly and quietly moved to Maryborough. My question to the minister is: why weren’t these heritage gates put in immediately, and when will the permanent solution, adhering to Heritage Victoria’s demands the heritage gates be replaced, finally be installed?

Northern Metropolitan Region

Ms PATTEN (Northern Metropolitan) (12:24): My constituency question is for the Minister for Roads and Road Safety. Safe Access over Bell Street Bridge for Everyone, SABBE, is a community group of school parents who are concerned about the longstanding safety issues in the Bell Street risk zone at the intersections of Bell, Elizabeth and Nicholson streets at the border of Coburg and Preston. In the last week there have been three serious traffic accidents in the area. Pedestrians, including a large number of Coburg High School kids, are at risk every day on and around the Bell Street bridge. Shockingly, the Bell Street bridge over Merri Creek does not meet Australian safety standards. My community would like a plan for this to be rectified. Can the minister please tell us what that plan is?

Eastern Victoria Region

Ms BATH (Eastern Victoria) (12:25): My question is for the Premier. The Premier in late 2018 said to the people of Latrobe Valley that there would be 500 new manufacturing jobs, that there would be 2000 electric vehicles rolling off the production line in Latrobe Valley and that Latrobe Valley would become the capital of electric car manufacturing. Last week at the Public Accounts and Estimates Committee my colleague Danny O’Brien questioned the government and the government admitted that it would not go ahead, that it is a dud deal. Latrobe Valley deserves answers, it deserves transparency and it deserves to know what went wrong. Previously the Premier had said it was commercial in confidence in relation to maintaining a competitive advantage. We know that SEA Electric was paid sufficient and substantial funds to get this project off the ground. However, what the community wants to know is: will that money be returned, and how much was spent in providing a dud deal to the people of Latrobe Valley?

Southern Metropolitan Region

Ms CROZIER (Southern Metropolitan) (12:26): My constituency question is to the Minister for Planning, and it concerns the development at 1 Cooloongatta Road in the residential area in Camberwell. Recently I met with concerned residents. I have been speaking with them over the course of many months now about their views on this development, an apartment complex within this area that is being considered, and as they have said, throughout the acquisition process and the redevelopment process of the site their concerns have fallen on deaf ears. There has been no representation whatsoever from the local member, Mr Kennedy. Goodness knows what he does, but he has been absolutely nowhere and has not assisted these concerned residents. On 22 October the council was denied a heritage overlay for the site, and it will see 43 apartments on the existing site. It has been a very well known area. But the question I ask is: will the minister meet with these residents to hear their concerns on this important matter?

Petitions

Following petitions presented to house:

Bush nursing centres

• Concern about the lack of funding and certainty to be provided to the 15 Bush Nursing

• Centres across Victoria by the Andrews Labor Government

• Notes the significant contribution and support Bush Nursing Centres provide to remote Victorian communities

• In particular notes the enormous role Buchan, Cann Valley, Dargo, Ensay, Gelantipy, Swifts Creek, Bush Nursing Centres provided in the recent devastating bushfires including acting as a relief centre, providing hundreds of meals for firefighters, undertaking welfare checks, and provision of primary and emergency care

• And Calls on the Andrews Labor Government to immediately and properly resource Bush Nursing Centres to recognise an increase in operational costs and demands that Victoria’s Bush Nursing Centres that they constantly face.

By Ms BATH (Eastern Victoria) (18 signatures).

Laid on table.

Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021

The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that the community opposes the Andrews Government’s Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021.

The Bill hands enormous power to the Premier of Victoria, possibly perpetuating a pandemic dictatorship. It is undemocratic and a complete tyrannical overreach of political power. It inhibits proper Parliamentary scrutiny, transparency and potentially impacts scheduled state elections.

The Andrews Government has not consulted with the public on its powers.

The community specifically objects to the Bill granting the Premier wide sweeping powers to declare a pandemic despite low case numbers in the state of Victoria and potentially in the absence of cases, issuing pandemic orders for a period of time without the support of state parliament, and having the power to apply pandemic orders to classes of persons who can be identified by their characteristics or attributes, including but not limited to race, gender, religious, political belief or activity.

The petitioners therefore request that the Legislative Council reject the flawed Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021.

By Ms BATH (Eastern Victoria) (11 764 signatures).

Laid on table.

COVID-19 vaccination

The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that a grandparent from Sydney was denied her application for travel to Melbourne, despite being fully vaccinated from COVID-19. The reason provided in her application to travel was to care for her daughter who is battling an advanced form of breast cancer and to help her son-in-law care for her two grandchildren.

Many fully COVID-19 vaccinated grandparents in Victoria have grandchildren who live interstate or overseas. They were upset to hear this news and are worried that it could happen to them or their friends.

The petitioners therefore request that the Legislative Council call on the Government to grant travel exemption permits for grandparents who are fully vaccinated against COVID-19 so that they can travel interstate for care-giving purposes.

By Ms CROZIER (Southern Metropolitan) (88 signatures).

Laid on table.

Heatherton train stabling

The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council the proposed train stabling location for the Suburban Rail Loop in Heatherton.

This land has been marked for open space by Parks Victoria for many years. Residents were sent plans from the City of Kingston only recently for a sporting grounds facility. The residents in this area have chosen to live here due to the promised green wedge. The announcement of a train stabling site in Heatherton has completely blindsided residents and the nearby privately-owned dog park community with more than 600 members.

The impacts of the train stabling location on the residents in surrounding streets will be significant and reduce their quality of life. It would also take away the Doggy Play Park which is a safe place for anxious dogs to run safely and owners to be worry free. It is a significant community of itself. There are other suitable land pockets nearby on the alignment of the Suburban Rail Loop, that would not be so costly to nearby residents which must be considered as an alternative for this significant project. The location should be carefully thought through and not rushed.

At the very least, the community should be informed on what other locations were considered for train stabling. Information should be provided on the strengths and weaknesses of each location and the reason this proposed site was chosen. There is precedent of the Government not prioritising various sites in the Kingston green wedge for their intended use as parkland, despite election promises, such as the Alex Fraser site and the Henry St landfill. It’s time to honour the promises and commitments made and prioritise the green wedge.

The petitioners therefore request that the Legislative Council call on the Government to be transparent in the decision-making process for the proposed train stabling site in Heatherton, to take into consideration the wishes of the City of Kingston residents and find an alternative location for the train stabling site, even if it is more costly.

By Mr HAYES (Southern Metropolitan) (423 signatures).

Laid on table.

Train noise pollution

The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that the noise from train horns is causing harm to neighbours of railways.

Residents and workers near railways are subjected to frequent horn blasts hundreds of times a week and almost always as a matter of routine at any time of the day or night. The horns are supposed to be a low-cost solution to safety, but the true costs are externalised in the form of noise pollution.

The World Health Organization estimates that every year in the western part of Europe, at least one million healthy life years are lost due to traffic-related noise. In Melbourne, the frequent sound of train horns relentlessly harms the health and wellbeing of communities near railways. Can there be another rail infrastructure to provide safety along railway tracks? Additional rail infrastructure such as basic fencing protection is needed in order to lessen the insistent and excessive train horns that are used 24 hours a day.

The petitioners therefore request that the Legislative Council call on the Government to reduce the noise pollution caused by excessive use of train horns by providing fencing along railway tracks or alternative means for safety.

By Dr RATNAM (Northern Metropolitan) (1523 signatures).

Laid on table.

[The Legislative Council transcript is being published progressively.]