2009-02-10 42 1 4 REPS 0 0 2009-02-10 The SPEAKER (Mr Harry Jenkins) took the chair at 2.30 pm and read prayers. 715 Business 715 715 14:31:00 Albanese, Anthony, MP R36 Grayndler ALP Leader of the House 1 0 Mr ALBANESE —by leave—I move: That so much of the standing and sessional orders be suspended as would prevent government business orders of the day being called on immediately. Question agreed to. 715 Condolences 715 Debate resumed from 9 February, on motion by Ms Gillard: That the House: extends its deepest sympathies to families and loved ones of those Australians killed in the weekend’s tragic bushfires in Victoria; records its deep regret at the human injury, the loss of property and the destruction of communities caused by the weekend’s fires; praises the work of emergency services, volunteers and community members in assisting friends and neighbours in this time of need; and acknowledges the profound impact on those communities affected and the role of governments and the Australian community in assisting their recovery and rebuilding. 715 14:32:00 Rudd, Kevin, MP 83T Griffith ALP Prime Minister 1 0 Mr RUDD —7 February will become etched in our national memory as a day of disaster, of death and of mourning. This nation has been scarred by natural disasters, disasters that remind us of our tenuous hold on this vast and forbidding land: ‘Her beauty and her terror’, as our nation’s poem reminds us, of this ‘wide brown land’. Except that the land is now black, the earth scorched and the people in mourning. Fire holds a great terror for us all. Its power, its speed, its roar, its relentless destruction, its capricious shifts in course, its want of mercy—all personal stories I have heard from its survivors in recent days. And the numbers just mount and mount: so far 173 deaths, more than 500 injured, nearly 1,000 homes destroyed, thousands now homeless, 365,000 hectares burnt, 25 local government authorities affected and entire towns gone. Our first response as Australians must be, as it has been, to extend the open hand of friendship, empathy and giving. The people of Victoria are not alone in this disaster because the entire nation is with them, and not just the nation but good people across the world—an expression of our common humanity. In the last day or so I have received calls from President Obama, Prime Minister Brown, President Barroso of the European Union, the Secretary-General of the United Nations, the prime ministers of New Zealand and Turkey—our ANZAC brothers. President Obama said that we in Australia should know that the prayers of he, his wife, Michelle, their family, and the American people are with the people of Victoria and the people of Australia today. We have also received messages from others around the world: Andorra, Brazil, China, Cuba, East Timor, France, Indonesia, Ireland, Japan, Mexico, Nauru, Peru, Pakistan, Samoa, Singapore, South Africa, Sri Lanka, Sweden, the Solomons, Thailand and others. Expressions of sympathy have also been accompanied by offers of practical help. France and Japan have made urgent inquiries as to what assistance they might offer. Thailand is proposing a financial donation to the bushfire victims. Indonesia has offered assistance with disaster victim identification. New Zealand has offered a hundred firefighters. Singapore has offered to deploy Super Puma helicopters. The United States Department of the Interior is in discussions with the government of Victoria on the provision of personnel and assistance. We welcome each of these offers of support and these expressions of sympathy from around the world. It is good that they have come. All Victorians and all Australians should know that in this darkest hour they are not alone. Since Saturday night the Australian government has been working closely with the Victorian government in response to this disaster. The Commonwealth disaster plan has been activated. The Australian Defence Force has established a Victorian based joint task force of more than 450 personnel, under the command of Brigadier Michael Arnold, commander of 4 Brigade. The joint task force, which includes full-time and reserve defence members from Navy, Army and Air Force, has provided tents, stretchers and sleeping bags to accommodate 120 people at the Yea recreation reserve. One hundred and forty soldiers from Puckapunyal are assisting with this task. One hundred and sixty reserve soldiers have been deployed to assist police with search and recovery. The joint task force has also provided 150 portable beds or mattresses to relief centres in the Baw Baw Shire. This is to enable emergency workers with facilities so that they can get enough rest to continue their tireless work. The task force also includes heavy plant, chainsaw sections and logistics support, which have been assigned to the clean-up task. Graders, bulldozers, front-end loaders and their operators have been asked to assist with fire containment measures, reopening of roads and firefighting measures around Yea and elsewhere. Defence Force personnel will help build containment lines around Yea, which is still being seriously threatened with fire. Four communications-dedicated armoured personnel carriers have been sent to the town to assist Defence Force engineers and to provide an emergency medical capability if required. The ADF has also been asked to provide aerial imaging of affected areas. This will enable the identification of all residences affected by fire. Ninety personnel from the Australian Federal Police have also been deployed to help Victoria Police with the investigation and response to the fires, crisis centre operations and general responsibilities. The AFP team comprises some 16 disaster victim identification specialists, 14 members from the AFP Melbourne office to assist with the National Registration and Inquiry System, and 60 from the International Deployment Group’s Operational Response Group. Minister Macklin and I have both conveyed to the Victoria Police that, if any further ADF personnel or AFP personnel are required, they will of course be made immediately available. That will include any assistance required in the investigation into the causes of these fires. Emergency Management Australia is also providing critical support in coordinating our response across the government and in liaising with the Victorian government agencies. Tony Pearce, Director-General of Emergency Management Australia, has been providing me and my office with written and verbal briefings about the fire situation throughout each day. The House will be aware that we have made available the Australian government disaster relief payment. This payment is $1,000 per adult and $400 per child for those affected by fires, in order to provide immediate cash help. As honourable members will be aware, people escaping from fires have often arrived simply with the shirts on their backs, if that, and therefore the provision of immediate cash to help get the necessities to get through the next day has been of vital importance. Payments started flowing on Monday. I am advised that, at close of business on 9 February, we had received 2,027 claims, with 427 paid and 1,600 pending. Cash payments were made at Yea, Warragul and Alexandra yesterday. Other relief and recovery that did not have access to banks will have cash available from today. Indeed, a number of banks have agreed to establish facilities at local recovery centres to make cash payments there and then. Five hundred and ninety-three adults and children have been provided with assistance worth $493,400, and authorities are working to provide further assistance as quickly as is humanly possible. The government’s National Disaster Relief and Recovery Arrangements currently apply in 25 local government areas: Alpine, Baw Baw, Cardinia, Corangamite, Greater Bendigo, Hepburn, Horsham, Indigo, Latrobe, Macedon Ranges, Mitchell, Mount Alexander, Murrindindi, Nillumbik, Southern Grampians, Wangaratta, Wellington, West Wimmera, Whittlesea, Yarra Ranges and Lake Mountain Alpine Resort. Today South Gippsland, Greater Dandenong, Casey and Knox were added to the list, and the list continues to grow. NDRRA assistance involves measures to help with those suffering personal hardship and distress assistance: emergency personal hardship grants of $427 per adult, $213 per child and up to a maximum of $1,067 per household, and temporary living and re-establishment grants of up to $8,650. On Sunday the Commonwealth announced a $10 million contribution to an immediate Community Recovery Fund to assist local communities, small businesses and primary producers. We are currently working with the Victorian government on the specific details for the operation of this fund. The Commonwealth has also made a $2 million contribution to the Victorian Bushfire Appeal Fund. I understand it currently has received donations of more than $15 million. I urge all Australians to make a contribution to this appeal, and I thank from the bottom of my heart all of those Australians who have dug deep. It is a great testament to what Australians do at times like this. I announce to the House today that the Victorian government, in partnership with the Commonwealth government, will establish the Victorian Bushfire Reconstruction and Recovery Authority to coordinate bushfire recovery activity across Victoria. The authority will be responsible for coordinating the effort of all local, state and Commonwealth government agencies and the many community organisations involved, aimed at helping communities to recover and to rebuild. The authority will be established under existing state government legislation. The head of the authority will be the outgoing Chief Commissioner of Victoria Police, Christine Nixon, who will be responsible to the Premier. A CEO will be appointed. The Premier will be assisted by a ministerial advisory group. The group will include the Commonwealth’s coordinating minister, Minister Macklin. The head of the authority will chair an interagency task force comprising all relevant state and Commonwealth government agencies and local government representatives. The authority will be supported by a dedicated project team with the specialist skills needed for the reconstruction and recovery task. Community input and consultation will be directed through a community reference group. The Australian government can also announce today further steps to assist the natural disaster affected areas of Victoria and Queensland. The government will provide an additional $5 million for emergency relief for our most recent natural disasters in Victoria and Queensland. This will be provided immediately to church and other non-government organisations working in the field—organisations such as Anglicare, the Salvation Army, St Vincent de Paul, UnitingCare and others—to help them provide food and other essential supplies to those affected. For councils in the natural disaster affected areas, the Australian government will allow them the opportunity to reprioritise their projects under the government’s $250 million Regional and Local Community Infrastructure Program to better meet their needs. These councils will be notified of this change in program today. In order to assist fire affected Victorian local governments and flood affected Queensland local governments, I have asked that the payments for the local government financial assistance grants also be accelerated. As a result, the final payment for the 2008-09 financial year, which is due on 15 May 2009, will be brought forward to 23 February 2009. All Victorian and Queensland councils, including those affected by the current emergency, will receive these advance payments. This will provide fire affected councils with an immediate injection of funds to ensure that recovery can commence immediately. These funds are untied and can be spent on local priorities determined by individual councils. These priorities will vary from council to council depending on the individual circumstances of the council and the impacts of this terrible disaster. For example, Murrindindi Shire Council has lost about one quarter of its houses. This has affected its rates base and consequently its ongoing cash flow. In addition, the Commonwealth Minister for Infrastructure, Transport, Regional Development and Local Government will consult with all affected councils and communities in Victoria and Queensland to determine the immediate and long-term needs of their communities. The government today will also put in place an income support recovery assistance program for individuals who have lost their primary source of income, including small businesses and farmers, as a direct result of the Victorian fires and the floods in Queensland. This assistance will be in the form of an ex-gratia Newstart-like payment up to the maximum amount of Newstart for a period of 13 weeks, to be extended if necessary. The Australian government through Medicare and Centrelink will also work with the Victorian government to assist individuals to re-establish their identity for those who have lost licences and other proof of identity. When you meet personally the victims of this extraordinary disaster, the desperation is compounded for those who have lost every form of establishing who they are. It is something which, unless you have experienced it, is beyond imagining. It is not just the loss of memories and photos and entire family histories; it is the loss of the certification of who you are and your legal personality. So we will provide the resources necessary through Centrelink and other agencies to assist in the immediate provision of necessary means of identification for people to begin the difficult and long task of establishing anything approaching a normal life. Job seekers in the affected areas of Victoria and Queensland who volunteer to help with the clean-up and recovery efforts or who live in locations where job opportunities have effectively been destroyed will not be asked to look for work for a period. Job seekers who have been personally impacted by the tragedy will also be subject to a waiver of compliance obligation for a period of time. The Australian government will also enter into negotiations with the Victorian and Queensland governments to establish a farming and small business assistance fund. Businesses in affected regions will be able to apply for capital grants to purchase or replace premises, machinery or other capital needs. The Australian government’s $6.4 billion social housing fund, announced as part of the nation building plan recently, will be available to state governments responding to social housing needs in disaster affected areas. The government of Victoria will be able to draw on its estimated $1.5 billion share of the social housing fund to assist families in need as a result of the Victorian bushfires. The government of Queensland will similarly be able to draw on its estimated $1.3 billion share of this fund to meet the needs of those affected by flooding in North Queensland. In dealing with the reconstruction and repair of schools in disaster affected areas, the Australian government will make funds available from the $14.7 billion Building the Education Revolution program. The Victorian government will be able to give priority to construction of school infrastructure in communities affected by bushfires. The Queensland government will also be able to give priority to repairs and upgrades of those schools that have been damaged by flooding in North Queensland. This is the start of dealing with the tragedy that has unfolded in both of the states. The Australian government stands ready to assist, in any other possible way, our fellow Australians in rebuilding their lives. Given the magnitude of this tragedy, we have deliberately made the decision to place no cap on the Commonwealth’s contribution to the recovery and reconstruction effort. This government will be a partner for the long term in the rebuilding of each of the communities. As members of the House will be aware, it is important that all facts concerning this extraordinary natural disaster are made known. The government will provide all assistance we can to the royal commission that has been announced by the Victorian Premier. As the House will be aware, the royal commission will be examining all aspects of the Victorian government’s bushfire strategy and, as the Premier has said, everything will be on the table. We must do all that is possible through this commission so that we properly prepare for the future. We await the deliberations of that commission and its subsequent findings. While the Victorian firestorm has been unleashed on the good people of so many communities in that state, floods have been ravaging towns in the north of our country. As was announced yesterday, the Minister for Small Business, Independent Contractors and the Service Economy, Dr Emerson, has gone to North Queensland to ensure that funds flow quickly to flood victims and to coordinate the Commonwealth’s contribution to the relief effort there. Dr Emerson will be giving all possible support to local staff, who are doing a highly professional job, and ensuring that any necessary decisions can be made quickly. Yesterday the minister met with Centrelink and the Queensland Department of Communities in Townsville. He was advised that Centrelink payments of $1,000 per eligible adult and $400 per child are flowing to victims. The payments are for people who have been seriously injured or whose home has been destroyed, significantly damaged or inaccessible for more than 48 hours. So far, 600 claims have been received. This morning the minister was briefed by the Director-General of the Department of Emergency Services, Queensland, and today the minister is meeting with Commonwealth and state officers, relief staff and local residents in Ingham, where the road is now open to four-wheel drive vehicles for the first time in a week. Today 20 Centrelink staff have travelled to Ingham to join those already on the ground. In Ingham, 3,000 homes have been affected, with 90 per cent of businesses still closed. The town of Halifax is still isolated and supplies are getting in by helicopter. The government also continues to closely monitor the unfolding events in North Queensland. In recent days the nation has observed a legion of heroes at work. The work of our emergency services workers; the CFA, the Country Fire Authority, of Victoria; and all those country fire authorities which have come from across the country to support their brothers and sisters in arms in dealing with their common enemy is testament to the enormous spirit of country fire authorities across Australia. Their courage has been remarked upon in recent days and, having heard some of the stories firsthand, theirs will again be the stuff of legend. Workers with the CFA, the police, the SES, ambulance, those working in hospitals and those with the extraordinary and delicate task of working in the burns units of hospitals all deserve our utmost respect and commendation from this, the parliament of the nation, and so they receive it. In each of the centres also there is the army of volunteers: the Red Cross, the Salvation Army and others who materialise in a way best known only to God at times like this, helped, I am sure, by extraordinary feats of organisation and by those good ladies—invariably good ladies but not always—and some men as well who are there in an instant to make it work. It is a rolling miracle of the Australian volunteer community and the church and charitable sector that this great army of people immediately comes and is there, without complaint, without request for anything in particular, prepared, sleeves rolled up, quietly, effectively, assiduously doing their job. In each centre I visited yesterday and the day before, in Yea, Whittlesea and Alexandra and also other centres, this army of volunteers was working quietly and effectively. In one centre I visited I saw literally acres of bedding, provided by local shops and local families, ready to be made available to those who now have nothing. Entire gymnasiums full of clothing, including kids’ clothing, toys, bedding, and anything else that you might need to start up a household, all materialised within a day or two of the ask going out. That is an extraordinary testament to those communities, an extraordinary testament to the church, charitable and community organisations which have made the physical organisation of it possible. We are left speechless at the thought and the possibility that some of these fires may have been deliberately lit. Every member of this House cannot comprehend how anyone could ever do that. Something which the nation must now attend to, as a matter of grave urgency, is the problem of arson: where it happens, why it happens and what more can be done about it. There is no excuse for this—none at all. This, as I said yesterday, is simply murder on a grand scale. Let us attend to this unfinished business of the nation and come to grips with this evil thing. The fires continue and, as we assemble here in the nation’s parliament today to reflect on what has happened in days past and on the acts of heroism and the experience of tragedy, let each one of us remember that they are all still in the field today in so many different parts of Australia—in Victoria, in New South Wales and elsewhere—fighting the great elements of nature which bear down on communities. We salute each one of them. We also, as we gather here today, reflect on the lives and families which are now permanently shattered. This is an unspeakable horror for those families. The ability to recover from events of such extraordinary trauma will be sorely tested in the days, weeks and years ahead. One of the things that Jenny Macklin, the Minister for Families, Housing, Community Services and Indigenous Affairs, has been determined to do is to ensure that we have a sufficient availability of counsellors in the field now—counsellors for the families who are now bereaved, counsellors for those whose friends and neighbours have perished or have seen their friends and neighbours perish. The trauma of scarred and blackened vehicles along the road to Marysville, which I saw yesterday, the trauma also of Country Fire Authority personnel who have confronted this firsthand and the police and emergency services personnel dealing with the aftermath: the physicality and the emotional scar of trauma reaches deep into people. This is a much-needed and necessary area of work to be done, and done as well as possible, in the days ahead. We do not know what lies ahead. What I have outlined to the House today is our response to date. Let us all work with governments at all levels and with all communities and community organisations of goodwill to deal with each challenge as it presents itself. I say to the country at large that, whatever community you are from, if it has been rendered to ashes, if it has been destroyed, together we will rebuild each of these communities—hear this from the government and the parliament of the nation. This will take time. It will take effort. Yesterday I sat in the community hall at Alexandra and spoke with a lady of a certain age who was the town’s local historian—the town in question being Marysville. She asked this question of me: ‘What is it to be the town historian of a town that is no more?’ She said that this year the town was about to celebrate the 40th anniversary of its historical society—would there be a 50th? I told her on behalf of the government and, I believe, the parliament that there would be—that this town and others like it would be rebuilt, brick by brick, school by school, community hall by community hall. That must underpin our long-term resolve as a government, as a parliament and as a nation—to be there with these communities not just in the trying and difficult days and weeks which lie ahead but in the arduous task of the months and years that lie ahead until, one day, we can look back before too much time has gone and say, ‘These towns, these communities, have been reborn.’ I have read the contributions to this debate yesterday from many members on both sides of the House. I thank them for those contributions. I acknowledge the contribution of individual members of parliament, some of whom—understandably—are still not with us today but are attending to their local communities. I sought to speak to a number of those members during the course of yesterday. We have a large task ahead of us and it will be uneven in the recovery—that is the nature of things. But let us resolve clearly, in full witness of the nation at large, that this will be our common resolve: to rebuild each of these communities so that these communities can live again. Honourable members—Hear, hear! 721 15:03:00 Turnbull, Malcolm, MP 885 Wentworth LP Leader of the Opposition 0 0 Mr TURNBULL —On indulgence, Mr Speaker: on behalf of the opposition, I thank the Prime Minister for his remarks and commend both the Australian and Victorian governments on their immediate response. We welcome the establishment of the royal commission and the new federal-state reconstruction authority. We restate our commitment to do whatever it takes to put these communities back on their feet and we encourage the government to address the relief of these communities in specific legislation separate from other measures. 722 15:03:00 Broadbent, Russell, MP MT4 McMillan LP 0 0 Mr BROADBENT —On indulgence, Mr Speaker. 10000 SPEAKER, The The SPEAKER —The member has every right to speak to this motion. The member for McMillan has our support. MT4 Broadbent, Russell, MP Mr BROADBENT —I want to identify, of course, with the remarks of the Prime Minister and thank him for his call of concern to my electorate, through me; it was passed on to my electorate. Prime Minister, I believe you were where you should have been these last two days—you were at the front in Victoria with the Premier and with Ted Baillieu, doing what we would have expected of you, and I thank you for that. When Ivan Smith’s face came on my television on Saturday afternoon—he was my district group officer during the Ash Wednesday bushfire—I knew we were in trouble. He is a very experienced incident controller. I knew that the fire was out of the Bunyip Ridge state forests and on the move. I was immediately drawn back to that day at Beaconsfield when my team was pulled from the fire 15 minutes before the crews that went in before us died. I was immediately reminded of the next day, heading with my crew and my truck up to Upper Pakenham. I had the best driver I knew in the town, Greg Atkins, a great team and a good truck, but I was wondering one thing: will I bring these people home? I know that goes through the minds of the Ivan Smiths and the Peter Schmidts—Peter Schmidt gave us a briefing yesterday—and the Brian Petries. They are all over this great southland, these people. Their names you do not know—they are just men and women who do their jobs extremely well. It was hard coming in here yesterday, when the call came out from Churchill in Darren Chester’s electorate. We had fires last week near there and we had fires coming through there last night. The word was that it was too late to leave. The fear rips you when you know that one of the communities in your electorate—it was in my electorate; it is now in Darren’s electorate—has a fire fronting the homes. These are urban country areas where a fire is drifting through and then coming on at a rate about which the CFA is saying that it is too late to leave. When I was at Warragul on Sunday at the refuge centre, my friend Gary Blackwood, the member for Narracan, said, ‘I have just spoken to my mate. They stayed to defend the house. They expected the ember attack and then the fire front to go through. But instead of that, two lines of flame came at them, straight out of the scrub. They hit the shed wall and went straight up the shed wall, across the shed roof, down to the floor, across the ground and into the house, and the house blew up.’ This was in a matter of seconds. They were ready for everything, and they were mentally prepared too. The awesome fury of the fire coming out of the Bunyip state forest just before it broke into open ground ripped out a 200-foot mountain ash, threw it into the air and dropped it on the ground as if it were a twig. The awesome fury of this fire cannot be comprehended by the thinking of any reasonable person. I say to the Deputy Prime Minister: thank you for your address yesterday. It may be looked back on as one of the most important addresses you have ever made to this House. To the Leader of the Opposition and the Deputy Leader of the Opposition: you identified with the broken-hearted, with the wounded spirits, with the loss, the grieving and the terrible unprecedented trauma that is being experienced right now. I know there are people who will wake every morning believing that it was all a dream; that it did not happen. And then they will realise it was not a dream and they will cry and they will cry again. Deputy Prime Minister, you identified with every man and woman right across Australia. More importantly, as I stood in my kitchen listening while you stood together as one in this House on behalf of all of those people, that was a proud moment for me because you all identified with what the others had just said. The people of Australia knew that each one of you stood as one with them. It is not just about David Hawker, John Forrest, Sophie Mirabella, Tony Smith, Jason Wood, Darren Cheeseman, Steve Gibbons—and Fran Bailey: I do not know how that woman is standing on her feet. I have known her since 1984 and she is tough as guts, and I know she is out there now doing what she can in her area, which has been so badly affected. Not just those I mentioned but all of you—many from New South Wales—have people who will be investing in the work that will need to be done over time. The six degrees of separation is a lot closer in Australia. I also do not want to leave out mentioning the Treasurer and his remarks yesterday in regard to these fires. The Bunyip Ridge fire was an incendiary device sitting for four days waiting for the north wind. To give a bit of an outline for those who do not know where McMillan is, we are in Gippsland. If you imagine Melbourne and East Gippsland, it is around the centre, near the Great Dividing Range, Mount Baw Baw—that area. Bunyip Ridge is closer to Melbourne, sitting up there. I will not say how the fire started, but four fires went up at the one time on the one road way back in the forest. That fire sat there against as much effort as the DSE could put into it for that time, and we knew about it and we had a plan for it. We have fought many fires in that area. It was going to come out of the forest and it was going to come out on Saturday. We knew about what time it was going to come out, we knew where it was going to go and we knew what the worst case scenario was. I paint that picture for you of where Bunyip is. Just to the east of that, you then have Noojee and Walhalla, where there are five fires burning. Way to the east, we have the Dargo fire. Behind us, we have the Churchill fire, which is just coming up again through increased wind right across Victoria. I paint that picture because there is also the Healesville fire closer to the north of Melbourne. What we are looking at is a fire that we are in and managing today, and each one of us in this room who has identified with the Australian community are all in this fire in Victoria today. And the worst case scenario is that if we do not have rain, those fires will join together. The Bunyip Ridge fire has a 21-kilometre front at the moment. That is going north by one kilometre. In the worst case, the Healesville fire will join the Bunyip Ridge fire and the Noojee fires. I dare say, Prime Minister, that you have had the same briefing that I have. Therefore, if a northerly wind changes, we are then threatened all the way to the south from that fire. Those of you who have experienced the weather patterns that have been going on in Victoria recently will know that there have been hot days and then cool changes which hit hard and will go for an hour. That is how the great damage of Ash Wednesday and the incredible damage of yesterday was done. That is the situation we face today. There are things we can do, but I want to pay tribute to the ABC: to Gerard Callinan and his team at the ABC at Gippsland. For those of you who were listening to channel 774 and getting all the information that you needed, how important are they to us and how important are they to every individual? I heard one man say how important it was: ‘Just to hear a voice in my house. I have nothing else. I am staying here to protect.’ I know how people felt on Saturday afternoon. I changed into my boots, my woollen socks, my cotton jeans and my pure cotton top, and I got my overalls ready and went outside and picked up the hose that was going to protect us. I turned it on and it blew straight back over my head and I knew then that what I was facing was nothing that we could normally do something about in our household. So I put it down and went back inside and said to Bronwyn, ‘Get the dog, get the bucket, put it in the car. The moment we see anything go up to our north, we move.’ There are many working in our community today who are still traumatised by what happened on Ash Wednesday. We are going to need every resource that this government and this parliament together can muster to respond to what has happened, what is happening and what is ahead of us. I know that you will do that as one. Our firemen have been terrific and they are tired, but there are those who work in the back room. If you are a person anywhere in Australia who has experience in logistics, resource management or fire planning and you have not come forward yet, please come forward. And if you are someone who in the future might like to be trained in that area, these are the men and the women who have been working behind the scenes: in administration, catering—normal things that are not on the front page of the paper. But they are equally important as those who are on the fire front. To those who pray, I say: pray now; do not leave it until next Sunday. To those who fight, I say: all strength to your arm; stay safe. To those who serve, I say: we in this parliament stand with you as one. There was a note from somebody else today that I read in all the information that comes through, but I added to it. In times such as these of unprecedented trauma when faced with an inescapable disaster from a near indestructible force, all we can rely on is each other. Sadly, as the Prime Minister has described today, there are so many who cannot even do that. 724 15:16:00 Smith, Anthony, MP 00APG Casey LP 0 0 Mr ANTHONY SMITH —As a Victorian member of this House who represents that part of outer eastern Melbourne and the Yarra Valley that adjoins the McEwen electorate of Fran Bailey, I want to associate myself with all of the speakers on the motion moved by the Deputy Prime Minister yesterday, with the words of the Prime Minister, with all those who spoke yesterday and with the moving words we have just heard from the member for McMillan. We are united in our sorrow for the families who are grieving. We are shocked at the scale of the tragedy. We are, as previous speakers have said, in total awe of the volunteers and the emergency service workers. We are proud of the community spirit that we are seeing and that we have seen in tragedies in the past. As the Prime Minister indicated and the member for McMillan reiterated, we are still coming to terms with a horror that is growing and a nightmare that is not over. I thank all of the CFAs from across Casey and McEwen. As you can imagine, they work very closely together and, as we speak and meet here in this House, they are fighting the fires in and around Yarra Glen and Healesville. I thank all of the CFAs from across Victoria and the volunteer firefighters from right around Australia. Together with the police and emergency services, as the Prime Minister indicated, even the most hardened and experienced of police and emergency service workers are seeing things they have never seen in their careers. I thank the staff of the Shire of Yarra Ranges, led by the mayor, Len Cox, and the chief executive officer, Glenn Patterson, who are working around the clock. I spoke to Fran Bailey earlier. She asked me, in speaking today, to pass on her thanks to all of you who have left messages for her. She has passed the messages on to her constituents on behalf of all 150 of us here in this House, who represent each corner of Australia. As you know, Fran’s office and her home are in Healesville, which today has fire close by on the doorstep, and so that she can keep working she has moved herself and her office down to my office, a little further down on the Maroondah Highway in Chirnside Park. The Leader of the Opposition spoke yesterday of the accounts he had heard on the ground about the sheer speed and ferocity of the fire. My wife and I and our young sons live right on the gateway to the Yarra Valley, up on a hill on the edge of Chirnside Park and Lilydale. For so many Melburnians, when we saw the mushroom cloud of black and grey erupting over Kinglake on Saturday afternoon, then the wind change and gale force winds, followed by a deadly symphony of fires starting off along the Melba Highway at Dixons Creek and Steels Creek and into Yarra Glen, followed by spot fires and fires started by lightning, the sheer scale of it was beyond comprehension. As a Victorian member I know—and other Victorian members would agree—that most Melburnians can see the Yarra Valley mountains and the Dandenong Ranges from where they work and live, and when smoke rose from the Yarra Valley late on Saturday afternoon most feared what it might mean. Most instinctively thought of Ash Wednesday—our worst reference point. That we have awoken to and, as we need to keep reminding ourselves, are still in the midst of something more horrific naturally strains our human capacity to comprehend. Many Victorian members know well the country towns we have been reading and talking about—towns like Marysville, Kinglake and Flowerdale—because we have been to them on school camps or day trips. We have driven along the roads that became death traps. We have played footy or cricket there. All of us in this House and all Australians know these towns and these people, because the community spirit which built them, which has sustained them and which will rebuild them is alive in every Australian in every town. 725 15:22:00 Forrest, John, MP NV5 Mallee NATS 0 0 Mr FORREST —In speaking in support of this motion, I am very, very saddened in lots of ways but I am heartened by the deep sense of subduedness amongst the 150 of us here. I say to each and every one of you: we must use the energy that has been generated amongst us these last two days to finally do something constructive about preventing disasters like the one which confronts Victoria. Although with nowhere near the same death toll, this has happened before. The electorate of Mallee is not unfamiliar with bushfire. The two distinct regions of the electorate are the north, which is the regional area of Mallee itself, and the south, which is the Wimmera. Much of the electorate is bush and national park. Bushfire watch starts usually around late October, mid-November in those national parks, with fire spotters in the air. Fires are started mostly by lightning but occasionally by arson. In the Wimmera are the Little Desert and Big Desert regions, which are often threatened, but never before have we had the threat in the suburbs. There was a fire in Horsham but my electorate has not had the fatalities that my colleagues have had and spoken of right across Victoria—although one member of the public was badly burned while attempting to help his neighbour release stock locked into a paddock—so in a way we can say we have been spared. But eight families have lost their dwellings, a commercial trucking company has lost its entire industrial building—although thankfully it managed to save its fleet of trucks—and the prestigious Horsham Golf Club is in ruins. Horsham Golf Club involved massive investment and was mostly community funded. It was a building that the community was proud of and that hosted international events, but it now looks like an atomic blast has gone through it. Other members have spoken about the terror that people have endured across Victoria. I was impressed with the explanation of the member for Bendigo yesterday, relayed in terms of what his constituents have been reporting to him as the sheer terror of the Australian bushfire. There is a part of this debate that is bothering me, being trained as an engineer. I remember from engineering school at university that there is no engineering solution to confronting a eucalyptus-fuelled Australian bushfire. Seemingly nature has created this wonderful environment, which other members have spoken of, that is designed to burn occasionally. It is an enigma, isn’t it? Eucalyptus oil is a volatile oil. It does not just start to burn when the intensity of the fire reaches 600 degrees but rather ignites and explodes like a bomb. People who have had the frightening experience of being near an Australian bushfire explain that it comes like a speeding train. It comes at temperatures that are unbearable to the human body. The body of the fire itself can reach temperatures in excess of 900 to 1,000 degrees—temperatures that melt the aluminium alloys in the gearboxes of motor cars. Others have said there must be an engineering solution to building buildings that can withstand such a terror but, other than a concrete nuclear bunker, there is not. As tough as it is for the families in my constituency who have lost their homes, they are ringing my office wanting to help somewhere else in Victoria, which is a credit to their incredible Australianness. Receiving calls like that makes us feel good about being Aussies, with that wonderful spirit of common humanity. The Prime Minister rang me on Sunday morning, and I really valued that call and made the Mayor of the Horsham Rural City Council, Councillor Bernard Gross, aware of it. It provided a great deal of reassurance and, through the Speaker, I thank you, Prime Minister, for it. When people have called me they have asked for suggestions about what could be done to assist. I think I was still in some level of shock when responding, but I said that there is the immediate term and then there is the long-term reconstruction and that, in the immediate term, we need to get social support in there as quickly as we can. Another thing that I said was that we must find a way to express our appreciation to the Australian volunteers who put their own lives at risk and stick their necks out for their fellow Australians. My own baby brother has just joined a Sunraysia CFA task force. They were in Kinglake last night and over the next few days may well front the maelstrom that the member for McMillan described to us. Another thing that this crisis has made me realise is how small a community we are as Australians. There might be only 20-odd million of us, but everybody knows somebody affected by what has happened in the last three or four days—a friend of a friend, a relative—and people have tried to support those who still do not know where their loved ones are, and there is a long list of those people. Getting back to the engineering, I need to correct the record in regard to the Horsham fire. The member for Wannon generously embraced my constituents in his remarks yesterday. Both he and I had been advised that the Horsham fire was a result of arson. The fire forensics have subsequently identified that, while that was suspected, that was not the case. The Horsham fire commenced at a faulty power pole. For decades this has been an issue. I can remember that as a young child there were helicopters that flew over power lines and that occasionally would spray the dust off an insulator before moving on to the next pole as they conducted inspections. There are things that stick in your mind and stay with you forever. My late father had an Irish friend who said, ‘What a terrible waste of good alcohol.’ He made that assumption because alcohol is used to defrost insulators in alpine areas. But it is a silicon solution that is used to dedust transmission lines in dusty regions. In a faulty insulator an arc can form and, when it has a wooden cross arm, it feeds a fire. The sparks fall to the ground. Time and time again this has been identified as a source of these terrible fires. Colleagues and friends, we must find a way to energise ourselves and use the strong sense of humanity that we have been feeling in this place in the last two days to do something about it. We have to provide assistance to power authorities to replace those timber cross arms with steel. It is a readily available engineering solution. Sure, there is a cost involved, but we need to find the resources to achieve that. My other anxiety is about what those families who have survived must be going through, especially those who still have not been able to locate loved ones. What must they be going through? Many members have stood and offered their prayers and thoughts. We do this as human beings; we offer our prayerful support. For some of us, that thought and sentiment comes out of our common humanity. Sometimes it comes out of a strong position of faith. My prayer since Saturday has been that somehow those persons concerned can find the strength to address the deep cavity that they feel in their hearts having lost a precious loved one and their property. My prayer is that somehow they will find the courage to build again. My other prayer is that they will be inspired to do that by the overwhelming support that is coming from their Australian friends right across the nation. I was pleased, Prime Minister, that you have announced some level of coordination of the voluntary aid effort. My office has now moved on to receiving calls from people who want to offer a truck to cart some blankets down. All they are asking is for perhaps the fuel to be picked up. Others are offering hay. I am not really sure what the demand is for stock and fodder in the east of Victoria, but I would like an opportunity to be able to direct those people to a central point. I ask you to take that on board. I will just finished by reinforcing the remarks made yesterday and today, especially for those who do not know where their loved ones have ended up. The brutal reality is that, with the temperature of these fires, they may never know. 10000 SPEAKER, The The SPEAKER —As a mark of respect, I invite honourable members to rise in their places. Honourable members having stood in their places— 10000 SPEAKER, The The SPEAKER —I thank the House. Debate (on motion by Mr Albanese) adjourned. 727 Miscellaneous 727 727 Mr ALBANESE (Grayndler —Leader of the House) 15:35:00 —I move: That the resumption of debate on the Deputy Prime Minister’s motion of condolence in connection with the Victorian bushfires be referred to the Main Committee. I will speak briefly to that for the information of the House. When members such as the member for McEwen and any others with electorates directly affected wish to speak, the government, certainly I as Leader of the House, in conjunction with the Manager of Opposition Business, will put in place the appropriate procedural resolutions so that, if they wish, they will be able to do so in this main chamber. Question agreed to. 728 Miscellaneous 10000 SPEAKER, The The SPEAKER —I advise the House that the Deputy Speaker has fixed Tuesday, 10 February 2009, at 4 pm for the next meeting of the Main Committee unless an alternative day or hour is fixed. 728 Bills R4020 728 Mr PRICE (Chifley) 15:37:00 —I move: That the bill be referred to the Main Committee for further consideration. Question agreed to. 728 Miscellaneous 728 728 Mr PRICE (Chifley) 15:37:00 —I move: That further statements on indulgence on the Queensland floods be referred to the Main Committee for further debate. Question agreed to. 728 Bills R4030 728 Debate resumed from 5 February, on motion by Mr McClelland: That this bill be now read a second time. 728 15:38:00 Zappia, Tony, MP HWB Makin ALP 1 0 Mr ZAPPIA —It is very difficult to take one’s mind off the events in Victoria after listening to the previous speakers, but I accept that the business of this House must go on. I rise to speak in support of the Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008. I welcome the introduction of this bill, which I am sure will also be welcomed by most Australians. This bill is related to the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008, which amends the Trade Practices Act 1974 and which introduces new offences for serious cartel conduct. These amendments in turn give the Federal Court jurisdiction to deal with those new offences and set up the necessary framework. Equally welcome is that, for the first time, serious cartel conduct will be criminalised and there will be uniform procedures across Australia, including a trial by jury. Serious breaches would carry a maximum penalty of 10 years imprisonment and a $220,000 fine. This is consistent with international penalties. Other provisions in the bill relate to the procedures of the court, which are matters that I will leave to my colleagues with legal expertise to pass comment on. The bill is long overdue. It is long overdue that serious cartel conduct should be criminalised, and the Trade Practices Act amendment bill will do exactly that. However if the amendment is to be effective then the laws and processes relating to such prosecutions must also be in place. That is what this bill does. For years the difficulty of successfully prosecuting serious cartel conduct has been a cause of frustration for both the government and the wider community. Furthermore, the penalties relating to such conduct have been inadequate to act as a deterrent. Criminal cartel conduct is a matter which crosses state and national jurisdictions and is therefore quite rightly a matter over which the Federal Court should have jurisdiction. Furthermore, the ACCC, which has been empowered to conduct the necessary investigations and launch prosecutions, is also a national body. The Federal Court of Australia, which began exercising its jurisdiction in 1977, already deals with a number of corporate matters, including the Australian Competition Tribunal. I note that the draft legislation has been the subject of widespread public consultation and that a number of submissions have been made, particularly by the legal fraternity. Given that any prosecutions under the legislation will undoubtedly be costly, drawn-out cases, every attempt should be made to close possible loopholes and minimise any ambiguity within the legislation. I note from the submission from the International Bar Association, a group which represents some 30,000 individual lawyers from across the world, that 15 jurisdictions worldwide already have criminal sanctions for cartel conduct. Of those, 11 jurisdictions may impose a term of imprisonment for cartel conduct, with the terms ranging from one to 10 years. Under the legislation, if the Federal Court and a state or territory supreme court both have jurisdiction to hear a trial on indictment and a magistrate makes a committal order then the magistrate will have to determine which court should be named in the order. The magistrate will, however, be required to consult with the Director of Public Prosecutions and ultimately the Director of Public Prosecutions will make the final decision on which court an indictment should be filed in. The legislation creates criminal offences for making or giving effect to a contract, arrangement or understanding that contains a cartel provision with the intention of dishonestly obtaining a benefit. Consistent with international best practice, the definition of a cartel provision applicable to both the criminal and civil regimes will reflect the OECD’s definition of hardcore cartel conduct. The OECD recommendation defines hardcore cartel conduct as an anticompetitive agreement, anticompetitive concerted practice or anticompetitive arrangement by competitors to fix prices, make rigged bids—which is otherwise known as collusive tenders—establish output restrictions or quotas, or share or divide markets by allocating customers, suppliers, territories or lines of commerce. This is a very broad range of activities that are generally very difficult to prove. In that respect I welcome the provisions in the related bill relating to the protection of witnesses and to telephone interception. I note that this bill has been referred to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report by 20 February 2009. I expect that the Senate committee will want to have a close look at the six submissions that were received as part of their inquiry, all of which came from the legal profession. Within those submissions, several matters were raised, including whether the Federal Court is the most appropriate jurisdiction to hear cartel conduct cases; whether the Federal Court is properly resourced to handle the workload; and matters relating to the presumption of bail, defence disclosure and jury selection. These are matters which I expect the minister is aware of and which the minister will respond to if specific recommendations arise from the Senate committee report. I note that the bill has the support of opposition members and I commend the bill to the House. 729 15:44:00 Oakeshott, Rob, MP IYS Lyne IND 0 0 Mr OAKESHOTT —Before I begin speaking on the Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008 I would like to put on record very briefly the views of the mid-North Coast of New South Wales, following the very generous and passionate comments from others in relation to both the Victorian bushfires and the Queensland floods. I represent an area which is geographically between the two natural disasters that are currently going on. Whilst the mid-North Coast is not physically affected, many in the region are very touched emotionally and their thoughts are with family, friends and communities affected. The communities of the mid-North Coast are also helping through offering financial assistance, donating blood and contacting family and friends. We also have one of the major Centrelink call centres, which is dealing with many calls in relation to both natural disasters. At a local level our thoughts are also with those taking those calls. All support locally will be in place. I turn to the bill before the House. After four months in this chamber, having seen $70 billion spent by government in relation to many financial affairs, I consider this to be of equal significance in finally dealing with the issue of cartels within Australia and their impacts on local communities throughout Australia. When I first spoke in this chamber three to four months ago, I said that I would advocate as much as possible not only on behalf of the 90,000 residents of the mid-North Coast of New South Wales—and in this particular legislation you can change the word ‘residents’ to ‘consumers’—but also on behalf of the business community of the mid-North Coast of New South Wales, which is one that is 95 per cent dominated by organisations of five employees or fewer. The two groups that are going to feel the full impacts of cartel behaviour are those in the micro small businesses in local communities and regions such as mine and consumers who are paying too much for the end product. We are finally seeing legislation that is dealing with cartel behaviour and treating it as what it is, which is essentially theft, fraud and criminal behaviour. That is certainly long overdue and it is welcomed. I thank the government for bringing it in and for making it fit into the federal jurisdiction. For some reason, and it has always confused me, Australia seems to lag with regard to cartel behaviour. Whether it is because the concept is probably not cracking through to the common psyche as much as it could, whether it is because of our penal background, whether it is because of our larrikin nature in trying to beat the tax man—whatever the reason is—I would hope that there is an educational element in this legislation that is going to make very clear to the common man and woman on the street that cartel behaviour is probably the most significant offence in a market economy with regard to impacts on the consumer and the small business on the street in regional areas such as mine. I support this legislation as it upholds a couple of fundamental principles of justice under the rule of law, one being consistency. It is crazy that we could have eight different players involved in the one cartel that may be based in eight different states and that they would be treated differently by eight different jurisdictions, with eight different outcomes. There would be a fundamental inconsistency in the way the message of the consequences of cartel behaviour would be sent to communities. There would be an inconsistency in the fundamental principles of the rule of law. This would lead to fundamentally inconsistent outcomes in dealing with cartel practice. So consistency is a critical and important aspect of these changes, which I certainly welcome. I know these issues have been highlighted by others far more eminent than me, such as Justice Weinberg and others, in promoting the argument that there is a problem that needs to be addressed to achieve greater consistency in dealing with cartel behaviour. Fundamentally, there is the issue of relevance. All of us, if we are being good local members, respond to frustrated letters about price fixing in all its forms, whether at the petrol bowser or in the shopping centre. If this legislation can start to up the ante in putting pressure on those involved in illegal activity and in developing more transparent practices at the top end of the market economy of Australia then I think it will make some substantial changes that will be recognised in local communities such as mine and I am sure in the other 149 electorates throughout Australia. The laws in respect of cartel practices need to be relevant. Consumers have been complaining about many issues that they feel aggrieved about. We can start to shoot some of them home with regard to cartel behaviour. There is the high profile example of last year in which small business operators in their many forms around Australia who were involved in the lower levels of the chain of that particular product were left out of pocket. Where is the deterrence for that future behaviour unless there is legislation such as this? This is an important reflection of those frustrations at a community level and, hopefully, it will achieve some good outcomes on behalf of small business and consumers, particularly, from my point of view, in regional areas. The constitutional issues that are contained in this legislation are also fascinating, with the Federal Court sticking its nose into indictable offences for the first time. I wish the court luck. I hope that this is the start of an expanded role of the Federal Court and I wish it success in this particular field. I am one who shakes their head that it is 2009 and we are still having these jurisdictional issues. I certainly hope that this is a success and that the laws can be expanded into other areas with regard to criminal practices, again, based on the two previous points I raised on relevancy in local communities and on consistency in the delivery of law. I note the comments and concerns raised by the Law Council of Australia, the coalition and others on issues of the accused’s right to silence and bail. I also note that we can argue about that in this chamber until we are blue in the face until we have some test cases that start to define some of the terms in question. The government could try and be as prescriptive as possible on some of the definitions in question but let us have a look at the notes, practices and definitions that come from the court. I hope the Attorney-General has a watching brief so that, if it does not go in the direction that I hope we all want it to go, we can see further legislation or regulations come through this chamber. Finally, whilst the Attorney-General is here, there are some issues relating to cartel practice that I would like to raise. This is an opportunity for cartel practices to take a greater role and significance in law enforcement, competition law and trade practices law in Australia. I would be very interested to hear responses from the Attorney-General with regard to the consideration of specialisation and, potentially, a cartel branch within law enforcement operations. It would marry up nicely with this legislation, and the Trade Practices Amendment that is coming up soon, to see greater resourcing for the specialisation of law enforcement and the fingering of cartel practices at the highest level. In addition, with regard to criminal jurisdiction and cartel practices, it is noted from various international jurisdictions that reached this point earlier than us that there are still some question marks about the use of those laws. It is one thing to have these laws but it is another thing to use them. From the various surveys that have gone on in the various jurisdictions, the actual use of the laws is still relatively low. Imprisonments from the sanctions that are being proposed today are relatively low. If we are going to take this step and put this legislation in place, I hope that what comes with that is the upping of the ante in respect of the concept of cartel practices throughout Australia, and with that comes the clear message to directors, shareholders and anyone involved that this is a no-go zone; it is something that is the complete antithesis of everything about a market economy that is operating in the people’s interests. We are in the people’s chamber. I hope that vested interest can be put to one side by all the various players in this chamber and that we are advocates and lobbyists for people. If we are, we would then place great significance on this legislation today. I hope that it is used, used well and that we can have the market economy that we all want to see operate in the people’s best interests in Australia today. 732 15:58:00 McClelland, Robert, MP JK6 Barton ALP Attorney-General 1 0 Mr McCLELLAND —in reply—I thank all members for their contribution to the debate on the Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008, with the member for Lyne just concluding. This bill is the product of extensive consultation with key stakeholders around Australia. The procedural provisions are based on the best features of existing state and territory law and will allow the Federal Court to apply consistent criminal trial procedures regardless of where the trial is held. With that in mind, I would like to respond to some of the matters raised in today’s debate. In particular, I would like to address a number of concerns raised by the opposition through, in particular, the member for Farrer—very sincerely raised, I acknowledge. The member for Farrer has suggested that the pretrial disclosure provisions abrogate the ancient right of silence of a defendant in our criminal system. These measures, contained in the current bill, are not unprecedented. The provision in question—proposed section 23CF—closely follows the Victorian provisions. Those provisions include the requirement that, if the accused takes issue with the prosecution’s case, the accused must state the basis for taking issue. The aim is to ensure that an accused person provides a meaningful response to the outline of the prosecution case. The clause will not require them to disclose their defence. The Law Council of Australia has noted that the courts and the practitioners in Victoria have found ways of operating under the Victorian provisions which do not require the accused to disclose their defence, and that is what we are aiming at in this current legislation. We are aiming, with these provisions, to achieve those arrangements, and to formalise those arrangements, at the Commonwealth level. One person who is eminently qualified to comment on this legislation is Justice Mark Weinberg. Justice Weinberg is currently a judge of the Victorian Court of Appeal. He was formerly a judge of the Federal Court of Australia and, prior to that, he practised in criminal law, civil law and administrative law at the bar as well as serving for a period of time as the Commonwealth Director of Public Prosecutions. In addition, from the academic side of analysing the law, he was the Dean of the Faculty of Law at the University of Melbourne. As a result, we believe he is eminently qualified to comment on the development of the criminal law and in particular the Federal Court’s role in that development. In evidence to the Senate Standing Committee on Legal and Constitutional Affairs last week he indicated his support for the legislation and he rejected any notion that the pretrial disclosure regime was in any way unfair to the accused. His Honour said: I have no difficulty with the proposition that the defence, in a case of this kind, should be expected to indicate in broad terms— and I underline that— the areas that are not in dispute and the areas that are in dispute, and, if they are in dispute, the general basis of why that is so. I do not regard that, in this day and age, as being in any way antithetical to the conduct of a fair trial or in violation of any notion of the right to silence or any of the more traditional reasons why it is thought that the accused should simply be entitled to put the Crown to its proof. His Honour’s reference to ‘this day and age’ refers to the incredible complexity of running criminal cases involving corporations and the demand on the public purse and court’s time if frivolous, vexatious or unreasonable points are taken by a litigant in any proceedings and I think, with respect to His Honour, that that is what he was having regard to in commenting about the contemporary context of proceeding in a case such as this. And again, as His Honour indicated in his submission, the Crown will, under these provisions, still bear the onus of proving its case against an accused. In relation to the comments of the member for Farrer about the absence of a presumption for bail, I note the bail provisions of the bill will apply only to the serious cartel offences heard in the Federal Court. It should be left to the Federal Court to balance competing factors and to make a decision that takes into account all the circumstances of the case when considering a bail application. Having made these points, and in fairness to the argument of the member for Farrer, I note that both these matters are currently being considered by the Senate Standing Committee on Legal and Constitutional Affairs, which is reviewing the bill; I will certainly carefully consider the committee’s recommendations in terms of any final amendments that may be considered. The bill sets up the procedural framework to ensure that the Federal Court can exercise its new criminal cartel jurisdiction to be given under the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008—the bill that actually establishes the criminal offence. This will be the first time that the Federal Court of Australia will have jurisdiction in respect to indictable Commonwealth offences. It is the government’s belief that these matters are too serious to be left to a summary jurisdiction and certainly too serious to be left to a regime that applies only a civil penalty, and that is why we are establishing this indictable criminal jurisdiction to deal with what we believe are very serious offences. The jurisdiction in the Federal Court will be concurrent with the state and territory Supreme Courts. This will ensure a high degree of flexibility to ensure that cartel cases can be prosecuted in the most appropriate court, but it will ensure a central role for the Federal Court in developing a nationally consistent set of principles in these areas—a matter mentioned by the member for Lyne, who mentioned the risk of developing eight different outcomes around this central cartel offences law. The Federal Court has developed extensive experience with respect to cartel conduct in the civil jurisdiction as a result of dealing with cartel cases. It makes sense for the Federal Court to be able to apply its existing expertise in that area to criminal cartel conduct as well. The Federal Court has extensive experience in dealing with complicated economic concepts in the field of competition law, and the Federal Court has been responsible for developing jurisprudence in the field—and it has been a jurisprudence that has developed a real specialty both from the point of view of practitioners and from the point of view of the court. State Supreme Courts, we believe, simply do not have that same level of experience. I note a recent media report which raised questions about why this jurisdiction is not being given exclusively to state and territory courts, which have traditionally dealt with criminal matters, including, it must be acknowledged, federal criminal matters. In response, I would say that it should be pointed out that a number of the judges of the Federal Court presided over many criminal trials and criminal appeals when they were judges of the state Supreme Courts, and other federal judges routinely preside over criminal cases in their capacities as additional judges of the Supreme Court of the Australian Capital Territory and the Northern Territory. The court itself has experience in dealing with state and territory corrective service organisations and agencies as a result of conducting its general jurisdiction. In summary, this bill will give the court the full range of powers needed to run a criminal trial, from pretrial proceedings through to bail, empanelling juries, conducting trials and hearing appeals. The government is equally determined to be tough on crime, whether that crime occurs on the streets of our suburbs or in the boardrooms of our corporations. I note the member for Lyne described this cartel conduct as amounting to theft, fraud and criminal behaviour. He is absolutely right, and these two bills are intended to deal with those measures. We believe this is a major initiative in law enforcement against corporate crime and I commend this bill to the House. Question agreed to. Bill read a second time. Message from the Governor-General recommending appropriation announced. 734 Mr McCLELLAND (Barton —Attorney-General) 16:07:00 —by leave—I move: That this bill be now read a third time. Question agreed to. Bill read a third time. 734 Bills R4031 734 Debate resumed from 3 December 2008, on motion by Mr Fitzgibbon: That this bill be now read a second time. 734 16:08:00 Baldwin, Robert, MP LL6 Paterson LP 0 0 Mr BALDWIN —I rise today to speak on the Defence Legislation (Miscellaneous Amendments) Bill 2008. The stated purpose of this bill is threefold: firstly, to amend the Geneva Conventions Act 1957 and the Criminal Code Act 1995 to incorporate a third universal emblem, the red crystal, along with the existing emblems of the red cross and red crescent; secondly, to amend the Defence Act 1903 to explicitly allow the making of regulations for the provision of medical and dental treatment to a member of the Australian Defence Force, to a member of the family of an Australian Defence Force member and to cadets; and, thirdly, to amend the Defence (Special Undertakings) Act 1952 to provide that the Joint Defence Facility at Pine Gap is a prohibited area. Given their disparate nature, I will speak to these three issues individually. Schedule 1 of the Defence Legislation (Miscellaneous Amendments) Bill 2008 incorporates the third additional protocol to the Geneva conventions, which establishes a third universal and distinctive emblem, called the red crystal, for the Red Cross-Red Crescent movement. Schedule 1 also proposes amending the Criminal Code Act 1995 to ensure that the new Geneva emblem is covered by the existing offences related to the improper use of the emblems of the Geneva conventions. As most of us are aware, the emblems of the red cross and red crescent have for many years been seen as symbols of protection against the violence and brutality of warfare and the promise of aid in times of disaster and distress. Anyone who has seen the Red Cross-Red Crescent organisation in action knows the good work that they do, and the Australian Red Cross of course is no exception. Whether it be helping out in times of disaster or championing the causes of human rights in our region, the work of the Red Cross is invaluable. It is also worth mentioning that this work is yet more remarkable when you consider that much of it is carried out by volunteers—ordinary Australians making extraordinary contributions to their community, to their country and to the world in which they live. We have seen this contribution firsthand this week as the Red Cross continues to help thousands of people devastated by the bushfires that have raged across large parts of Victoria. Red Cross staff and volunteers are working at 20 relief centres to support people affected by the fires, including at Whittlesea, north of Melbourne, where many people from the devastated township of Kinglake are currently taking shelter. They are providing meals for firefighters, police and people in the relief centres. First aid volunteers are assisting emergency services personnel and other affected people by treating mainly fire related injuries like minor burns and smoke inhalation. Red Cross personal support volunteers are providing practical assistance to evacuees as well as emotional support, information and referrals to recovery services. Red Cross staff and volunteers are also manning donation and blood bank facilities around the country. I urge all Australians to give in any way they can. Now, as always, the red cross emblem stands out clearly as a symbol of help in hard times. The symbols of the red cross and red crescent have both served as protective emblems for military and civilian medical services in wartime, and as distinctive signs for national Red Cross and Red Crescent societies around the world. Yet since their adoption these now universally known symbols have also been a source of recurrent controversy and the subject of much debate—debate which has at times hampered their effectiveness as symbols of neutrality. A recent submission to members of this parliament by the Australian Red Cross Chief Executive Officer, Robert Tickner, goes some way to explain these issues of difficulty and to articulate the need for and value of the third additional protocol to the Geneva conventions, which establishes the new red crystal emblem alongside the red cross and red crescent. The red cross and red crescent emblems are legally recognised under international law—most notably the 1949 Geneva conventions and their additional protocols of 1977—and are used around the world to protect medical personnel, equipment and buildings during periods of armed conflict, as well as to identify national Red Cross and Red Crescent societies, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies. However, the red cross and red crescent emblems have in some circumstances been wrongly perceived as having particular political, cultural or religious connotations. This has affected the perceived integrity of the emblems and has therefore on occasions lessened the protections the emblems offer to victims and to humanitarian and medical personnel. The debate which has led to the adoption of the additional protocol III arose out of the need to operate in circumstances or in locations where neither the red cross nor the red crescent emblem is perceived and thus respected as neutral. There have also been a number of countries, such as Israel, which, as a result of not using the red cross or red crescent symbols, have been unable until recently to be admitted as formal members of the International Red Cross and Red Crescent Movement. To address this problem, an international diplomatic conference adopted the additional protocol III to the Geneva conventions in late 2005, and the third emblem, the red crystal, allowed the movement in mid-2006 to formally recognise and admit the Palestine Red Crescent Society and Magen David Adom, the Israel society, as full members. Working with the Australian Red Cross, the coalition government, under the Howard administration, played a significant role at the international negotiations to develop the protocol, and on 8 March 2006 Australia signed the protocol additional to the Geneva conventions of 12 August 1949 relating to the adoption of an additional distinctive emblem for the International Red Cross and Red Crescent Movement, protocol III. Protocol III entered into force internationally on 14 January 2007. On 9 May 2007, protocol III was tabled in parliament with a proposal that Australia take binding treaty action to ratify the protocol. The Joint Standing Committee on Treaties reviewed the protocol and conducted hearings on 18 June 2007. The committee tabled its report to this parliament on 16 August 2007 and recommended that binding treaty action be taken. The bill incorporates the red crystal emblem along with the existing emblems, the red cross and the red crescent, into Australian statute and will conclude a process fully supported and facilitated by the coalition both in government and in opposition. The incorporation of additional protocol III to the Geneva conventions has demonstrated that the Red Cross and Red Crescent Movement continues to stand as a neutral and independent organisation capable of putting aside political and religious tensions in its commitment to humanitarian need. As stated previously by the Minister for Defence, schedule 2 of the Defence Legislation (Miscellaneous Amendments) Bill 2008 amends section 124 of the Defence Act 1903 to enable the making of regulations to cover the provisions of medical and dental treatment including pharmaceuticals to an ADF member or cadet or a member of the family of an ADF member. Currently, the Defence Force regulations contain a provision that recognise the provision of medical and dental treatment to members of the ADF in order that they are healthy for the purpose of discharging their duties, as well as cost recovery in specified circumstances. The amendments to section 124 will enable a more comprehensive regime in the Defence Force regulations, including broadening the regulations to enable the making of regulations to cover the provisions of medical and dental treatment, including pharmaceuticals, to an ADF member or a cadet remember or a member of the family of an ADF member. This is not necessarily contentious and the coalition certainly supports the government in addressing any shortfalls in the regulations relating to the provisions of medical treatment to members of the ADF. In briefings on this matter, the minister’s office has specifically mentioned the treatment of cadets and the treatment of ADF members by civilian contractors as at least two possible shortfalls. However, it must be pointed out that the government have not mentioned in the bill, in the explanatory memorandum, in the minister’s second reading speech or in any brief that he or his staff have provided to either my office or the office of the shadow minister for Defence their very bold election promise to extend the free health coverage provided to ADF members to the families of ADF member’s. A plan has now been reformed and rebadged as the ADF family medical and dental trial. This is, we assume, because they do not wish to draw attention to the fact that they have in every way failed to deliver on this promise. It must be pointed out that such an entitlement, even if provided as only a limited trial to a select few, will indeed require the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to a member of the family of an ADF member. Some explanation of this promise is necessary, given the amendments proposed in schedule 2, as it would seem any planned regulations are likely to be directly related to this provision. In the lead-up to the election, the Labor Party promised free medical and dental care for ADF families, stating in Labor’s Plan for Defence that: ADF families can face significant difficulties obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Posting to a remote location can mean that ADF families struggle to access the sort of health care that Australians enjoy. A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. Labor will begin this with a $33.1 million investment starting at 12 Defence Family Health Care Clinics, with a focus on remote bases locations and major regional centres. However, come budget time the government funded the promised entitlements only as a trial, clearly failing to deliver on this extraordinary pre-election commitment. May I remind the House that that elaborate election commitment included the promise of dedicated Defence family healthcare clinics which would be open five days a week and include a doctor, nurse, dentist and dental nurse. The election policy promised that Defence family healthcare clinics would be located at Lavarack Barracks, Townsville, for around 4,000 dependent spouses and children and at all Defence facilities in and around Townsville, and at Robertson Barracks in Darwin for around 3650 dependent spouses and children at all seven Defence facilities in and around Darwin. The remaining 10 were to be located in Cairns in the electorate of Leichhardt, RAAF Edinburgh in the electorate of Wakefield, Elizabeth North in the electorate of Wakefield, RAAF Amberley in the electorate of Blair, Jerrabomberra in the electorate of Eden Monaro, Williamtown in the electorate of Newcastle, Shoalhaven in the electorate of Gilmore, Singleton in the electorate of Hunter, East Sale in the electorate of Gippsland and Karratha-Pilbara in the electorate of Kalgoorlie. Instead of the $33.1 million that they promised, they have allocated only $12.2 million over four years to trial the provisions of basic GP services and limited dental care to families of ADF members in the selected locations of Singleton, Katherine, East Sale, Cairns and Karratha-Pilbara. The budget allocation of $12.2 million over four years falls some $20.9 million short of the election promise, while the amount allocated for 2008-09 is only $2.4 million, with dental care limited to $300 per dependant per annum. Having pledged that initial $33.1 million investment to start these 12 Defence family healthcare clinics with a focus on remote base locations and major regional centres, only five of the rural and remote Defence locations were mentioned, excluding, amongst others, Townsville and Darwin where the commitment to provide clinics was replaced by a plan in which families would have to access the health department’s GP Superclinics in Darwin and Townsville. Similarly, instead of providing the promised Defence healthcare clinics, Defence families in other limited locations are now to source their own doctor and dentist. This can be very hard on a family every time that they are posted to a new base. Given that the regulations likely to be made and/or changed following the amendment of schedule 2 of this bill are those that will allow for the provision of medical and dental health care by the ADF to civilian family of ADF members, there are a number of areas of concern to the coalition regarding this proposed entitlement. As stated, the bill provides for the making of regulations about medical and dental treatment for a ‘member,’ ‘cadet’ or a ‘member of the family’ of an ADF member. These terms are defined in section 58A of the Defence Act as follows: ‘member’ includes a person who has ceased to be a member, whether by reason of death or otherwise. ‘cadet’ means an officer, instructor or cadet in the Australian Army Cadets, the Australian Navy Cadets or the Australian Air Force Cadets, and includes a person who has ceased to be such an officer, instructor or cadet, whether by reason of death or otherwise. ‘member of the family’ includes: in relation to a member—a member of the household of the member and a dependant of the member; or in relation to a cadet—a member of the household of the cadet and a dependant of the cadet. It is important to note that, under the act, the term ‘member of the family’ includes but is not limited to a member of the household and a dependant of the ADF member or cadet. There are some concerns here as to what model will be used to determine the meaning of the terms ‘household’ and ‘dependant’ in the provision of such an entitlement. Thus the extent of medical and dental treatment, if any, available to persons other than members of the ADF and their families is not clear. The terms ‘member of the household of the member’ and ‘a dependant of the member’ are not defined in either the Defence Act or the bill. It is therefore not clear whether the proposed medical and dental treatment could, for instance, be extended to people other than spouses and dependent children who are members of the household of the member. It would seem to hang on the extent of their dependency, and it is not clear whether the member of the household of the ADF member must be totally dependent or whether they need be only partially dependent on the member in order to receive the proposed medical and dental care. Given that the government is still apparently promising to extend free health coverage to all ADF family members, the financial ramifications of such definitions could be considerable. Another area of concern is the provision of such an entitlement to reservists. Section 4 of the Defence Act 1903 defines a ‘member’ as including any officer, sailor, soldier and airman. It is not clear whether the government, through this bill, intends that reserves and their families are to be included in the class of persons who will have access to the proposed medical and dental treatment. This would, perhaps, seem unlikely, given that in section 4 and elsewhere in the Defence Act—for example, section 58B—a distinction is drawn between the terms ‘member’ and ‘member of the reserves’. Does this mean that reservists and their families will not be covered for medical and dental treatment? And, if they are not to be included, why do families of ADF members get preferential treatment over reserves? Why is free health care offered to non-ADF persons before reservists, many of whom are currently serving their country overseas and have recently been counted amongst those who have made the ultimate sacrifice in giving their life in service to their country? We remember, sadly, the recent death of Private Gregory Sher. There are also concerns about whether the relevant medical and dental care entitlements are to be contained in planned regulations. The details of the treatment available to ADF members are contained in Defence Instruction (General), issued under the authority of the Secretary of the Department of Defence and the Chief of the Defence Force. In particular, Defence Instruction (General) PERS 16-1 emphasises that health care for ADF members is based on operational readiness, as well as equity with Medicare, stating: The Australian Defence Force … requires the medical and dental fitness of its personnel in order that they are able to undertake operational duties. As such, the provision of health care by the Defence Health Service … to members of the ADF is a requirement of service. It goes on to state, in paragraph 5: Equity with Medicare under the provisions of the Health Insurance Act 1973 underpins the basic entitlement to the range of medical services provided to members of the Permanent Forces. Usually the range of, and ease of access to, health care provided to such members will exceed that available through the public health care system because of the requirement to meet and maintain operational readiness. However … the Director-General of the Defence Health Service … will, from time to time, issue policy which may exclude or limit the provision of certain medical or dental treatment on the grounds that such treatment is contra-indicated or unnecessary for operational readiness. It is not clear whether the nature and extent of the medical and dental treatment provided to family members will be detailed in the proposed regulations or whether it will be left to the discretion of the Secretary of the Department of Defence, the Chief of the Defence Force or to the individual service chiefs, as is the case currently with the relevant Defence Instruction. It would seem preferable, in the interests of transparency and accountability, that the medical and dental care entitlements are contained in regulations which would be subject to disallowance under the Legislative Instruments Act 2003, rather than in internal Defence documents such as Defence Instruction. Yet, as I said, there has been no explanation about such detail. The coalition is not alone in its concerns. Even the Defence Force Welfare Association have expressed serious reservations about the government’s plan. I quote from a recent statement entitled ‘ADF healthcare trial: the hidden tax slug!’ which states: The medical component of the trial is based on a payment being made to general practitioners who participate in a program to bulk bill eligible dependants for eligible services. Basic dental services, capped at $300 per dependant per year, may be accessed by eligible dependants at any dental practice in Australia. However as with many ADF ‘benefits’ there is a sting in the tail that Government conveniently neglects to mention: in this case, the benefits associated with the trial will be considered a fringe benefit under the Fringe Benefits Tax Assessment Act 1986. Consequently, the benefits will be subject to FBT and the FBT will be paid by Defence. However depending on individual circumstances the ‘grossed-up’ value of the benefits provided during the FBT year may be recorded on a member’s annual payment summary. We therefore recommend participating members seek financial advice relevant to their individual circumstances before registering for the trial.. Participation in the trial is voluntary and members may elect to participate only in the medical or the dental, or both, and may decide to only register certain members of their family. Participants may also opt out of the trial at any stage, or change registration as required. For example, a child with a Health Card may only require the Dental component of the trial, with the remaining dependants requiring both Medical or Dental. It is also worth mentioning here that Labor’s election promise specifically acknowledged that ADF families can face significant difficulties obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Now that the plan to provide ADF health clinics in these locations has been dumped, how will this trial plan, where people must source their own GP and dentist, help these families? It is my opinion that the Labor Party has dishonoured the defence community by breaking its promise to provide free medical and dental care and to do so through the creation of dedicated defence health care clinics. Given the little, or no, explanation or articulation from them of the details and parameters of either their initial or current plan to provide free health care to ADF families, they appear to have made this promise either without any comprehension of what it would take to implement it or with no intention to actually deliver on it. If this is the case, is there any worse betrayal? The Prime Minister and the Minister for Defence looked our service men and women in the eye and made them a promise they had no intention of delivering upon, and it would seem they did so only for political gain. As I have said, the coalition has no reservation in supporting any measure which more efficiently allows for the provision of health care to members of the Australian Defence Force. However, we would be much more comfortable in supporting these particular amendments if the government would provide at least some detail of the proposed regulations relating to the provision of free health care to ADF families. The issue now is, given the Rudd Labor government is simply handing out cash reimbursements or vouchers for GP and dental visits, why this is limited to a couple of select bases as a trial. It should be spread across the whole of the Defence Force. In fact, today I call on the minister to expand this ‘trial’ to every serving defence family and to stop discriminating. Now that the government is not providing clinics it can be equally hard to get access to a GP or a dentist no matter where you are posted. Schedules 3 and 4 of the Defence Legislation (Miscellaneous Amendments) Bill 2008 amend the Defence (Special Undertakings) Act 1952 to provide that the Joint Defence Facility at Pine Gap is a prohibited area. These amendments were designed to overcome certain shortfalls in the drafting of the act which were brought to light by both the Northern Territory Criminal Court and the Northern Territory Criminal Court of Appeal in the prosecution of four protesters charged under the act with breaking into the Pine Gap facility after cutting through wire fences in 2005 to gain entry. The Joint Defence Facility Pine Gap contributes directly to the national security of both Australia and the United States by verifying arms control and disarmament agreements and by the monitoring of military developments. Australia also supports the United States in its ballistic missile early warning program through the relay ground station at Pine Gap. This program makes a significant contribution to global security. The coalition supports these amendments and is well aware of the circumstances which highlighted their need. Section 8 of the Defence (Special Undertakings) Act 1952 provides that the Minister for Defence may, by notice published in the Gazette, declare an area of land or water to be a prohibited area if it is necessary to do so for the purposes of defence during protests, many of which have been anti-nuclear or anti-USA in nature. In December 2005 four protestors cut through wire outer fences to access the facility and were subsequently charged with indictable offences under the Defence (Special Undertakings) Act 1952—charges carrying a possible custodial sentence of up to seven years. Serious issues and concerns arose during the prosecution of the four protestors when it was contested whether the area on which each of the defendants allegedly committed the offences was in fact a prohibited area. The Crown case argued that there was a valid declaration that the Joint Defence Facility Pine Gap was a prohibited area and that the activities of the four defendants in that prohibited area were therefore subject to criminal penalties. In their defence, the four protesters sought to challenge the Crown case based on the interpretation of section 8 of the Defence (Special Undertakings) Act 1952. They argued that the minister’s declaration in 1967 was invalid. Particularly, they sought to establish that in 1967 the Pine Gap facility was not being used for defence purposes. In addition, the defendants also sought to advance a case that the Pine Gap facility was not a prohibited area in 2005 on the basis that in 2005 the Pine Gap facility was primarily used for the purposes of aggression rather than defence and therefore the continuation of the declaration was not necessary for defence purposes. The trial judge ruled that evidence about these matters was inadmissible and in June 2007 the four were convicted and fined over $3,000 but not given custodial sentences. The trial judge also ruled that the precondition to the exercise of the power to declare an area a prohibited area under section 8 was satisfaction by the minister that the declaration was necessary, rather than the objective fact that the declaration was necessary for defence purposes. In February 2008 the convictions were overturned on appeal to the Northern Territory Criminal Court of Appeal. In making his decision, Chief Justice Brian Martin stated: It is appropriate to note that following the ruling by the trial Judge, in the conduct of the trial it appears to have been overlooked that in challenging the validity of the declaration, the defendants were entitled to attack the basis upon which the Minister in 1967 reached his state of satisfaction that the declaration was necessary for defence purposes. If, as an objective fact, the declaration was not necessary for defence purposes, that fact could be used by the defendants to mount an argument that in the absence of a factual basis for the declaration the Minister could not reasonably have been satisfied that the declaration was necessary for defence purposes. This was a way in which the defendants could seek to attack the validity of the declaration under the terms of her Honour’s ruling. However … this basis of relevance appears to have been overlooked. The Joint Defence Facility Pine Gap makes critical, vital contributions to the security interests of both Australia and the United States of America and is an outstanding example of the level of cooperation that has been achieved in Australia’s closest defence relationship. The Defence (Special Undertakings) Act makes it an offence to enter, without government approval, a place used for a special defence undertaking. Such an undertaking is defined as one for the defence of Australia or ‘some other country associated with Australia in resisting or preparing to resist international aggression’. These amendments to the Defence (Special Undertakings) Act 1952, contained in schedules 3 and 4 of this bill, are intended to overcome the inadequacies in the drafting of the Defence (Special Undertakings) Act 1952, which were highlighted by both the Northern Territory Criminal Court and the Northern Territory Criminal Court of Appeal in this matter. The coalition supports these measures unreservedly, However, I wonder if the Labor Party can say the same. Over the years the honourable Minister for the Environment, Heritage and the Arts, Peter Garrett, has voiced his opposition to the facility in both song and speech, campaigning vehemently for its closure. It would be interesting to know his thoughts on these amendments, which will, in effect, make it easier to prosecute his fellow protestors. I commend this bill to the House. 741 16:36:00 Butler, Mark, MP HWK Port Adelaide ALP 1 0 Mr BUTLER —As the shadow minister for defence science just indicated, the Defence Legislation (Miscellaneous Amendments) Bill 2008 deals with three very distinct elements. Really, the only commonality between the three elements to this bill is that they reflect an ongoing commitment by this government to make whatever legislative change is necessary from time to time to give our defence forces all of the support that they need to do their job. In no particular of order of priority or importance, the first element of the bill, as the shadow minister indicated, seeks to give effect to protocol III, the third additional protocol to the Geneva conventions. That protocol modifies the Geneva conventions to add a third distinctive emblem for the Red Cross and Red Crescent Movement, which previously was called the Red Cross Movement. As the shadow minister has outlined, and as I am sure is well known to all members of this House, the red cross and the red crescent have been the two symbols for that movement since about 1929. Protocol III, the third additional protocol, adds a third symbol, namely, the red crystal. The red cross was adopted almost 150 years ago as a symbol intended to protect those who were providing aid, comfort and medical assistance to people injured or at risk of injury in war, whether an internal war or an international war. The Red Cross was established under that symbol at the Geneva convention of 1864 and now some 185 Red Cross or Red Crescent societies operate around the world including, as the shadow minister indicated and as has been said so many times in the condolence motions this week, the Australian Red Cross, which has been performing extraordinary work in the Victorian bushfires. All of those Red Cross and Red Crescent societies are coordinated by the International Federation of Red Cross and Red Crescent Societies, which is also located in Geneva. The purpose of the symbols, the distinctive emblems, is largely twofold. Most importantly, it is to serve as a protective symbol in times of armed conflict to provide a protection recognised by armed forces and hopefully militias around the world so that they do not attack or endanger people, buildings, vehicles and any other equipment being used to provide succour, comfort or assistance to people injured or at risk of injury in that conflict. Also, the emblems have an organisational purpose, which is to provide an indication of the belonging by an organisation to the international movement. Usually in that case the emblem is accompanied by a title such as, in our case, the Australian Red Cross. The two symbols, the red cross and the red crescent, are now used in about 190 countries. As the shadow minister indicated, historically the red cross in particular has caused some problems and some sensitivities because of apparent or perceived Christian connotations. It is absolutely clear that the red cross, when adopted in the 1860s, was adopted with no religious affiliation, but it has been recognised around the world over the decades that there is some scope for connotation, even if there was no affiliation. It is well known that the red cross is a reversal of the Swiss flag, or the Swiss Cross. The Swiss Cross, or the Swiss flag, certainly does have religious or Christian origins. The Swiss Cross was adapted as the national flag in Switzerland in 1840 but, before that, for some 600 or so years, it was the flag of the Schwyz canton, one of the original three cantons that created the Old Swiss Confederacy in 1291. The Swiss Cross, or that flag, was granted to the canton in about 1230 by Emperor Friedrich II, who was one of the successor emperors to Charlemagne in the Holy Roman Empire. It is quite clear that the cross that was added to what was simply a red flag of that canton was a symbol provided by the emperors of the Holy Roman Empire to indicate leadership over the Christian continent of Europe. So there is, in the government’s view, some reason for the connotations that have been ascribed to the red cross over the 150 or so years since its adoption and some reason for the sensitivities that have arisen since then. After its adoption the red cross very quickly gained wide recognition in times of war, even back then, but only a decade or so later, during the Russian-Turkish war of the 1870s, it became clear that the red cross was going to be an insufficient or inadequate symbol for universal application. The Ottoman Empire, in that war between Russia and the Ottoman Empire in the 1870s, decided therefore to use the red crescent, taking the view that its soldiers, being Muslim, would not feel comfortable with the red cross. After the intervention of the Red Cross Society, the international Red Cross movement back then, the Russian army agreed to recognise the red crescent as having the same effect for protection purposes as the red cross. That de facto equality between the two symbols continued until it was formally, in a de jure way, enshrined in an amended Geneva convention in 1929. So too in 1929, the Geneva conventions recognised the red line with sun symbol which was used by Iran from that time in the same way until the revolution in 1980, when the new republic of Iran adopted the red crescent in its place. This has been a problem for a couple of societies, most notably Israel, whose equivalent of the Australian Red Cross, the MDA, has since the establishment of the state of Israel in 1948 used the red star of David or the red shield of David. As a result, Israel has not been a member of the international movement and, strictly speaking, has not been entitled to the protection of the conventions because that symbol is not enshrined in the convention. It is a position that from any reasonable person’s perspective is obviously untenable and one that has given rise to discussion, as the shadow minister indicated, over many years with a view to trying to adopt a symbol for societies that do not feel comfortable with the red cross or the red crescent. As the shadow minister indicated, in December 2005 the Swiss government convened a conference of all 192 signatories to the Geneva convention, including our own government, the former coalition government. After a couple of days that conference not unanimously but overwhelmingly decided upon the red crystal, which is now known as the third protocol emblem. There has been lots of support since, including, importantly, the ratification by the state of Israel and a range of other countries. Australia signed the new protocol in 2006, and the number of countries required to sign the protocol ticked over in January 2007 with the result that the protocol entered into force at that time. Our ratification requires a couple of things. It requires the amendment by this parliament of different pieces of legislation protecting the status of the Red Cross emblems—the red cross, the red crescent and now the red crystal—which is the purpose of the debate tonight. Importantly, it also requires the Australian government to disseminate the protocol, most particularly through military training so that our defence forces serving overseas will recognise the importance of the third emblem in the same way as the ADF has always recognised the importance of the red cross and the red crescent and also to disseminate it in civilian education so that our school students come to recognise that the red crystal has the same effect as the red cross and red crescent around the world. It is recognised—and was in the Joint Standing Committee on Treaties debates—that the red crystal is unlikely to be used in or by Australia. We have a long and proud history of adopting the first of the emblems, the red cross, but it is important that the red crystal be adopted by all Australians, whether serving in the ADF or otherwise, when overseas. This is an important development which brings some greater unity to the International Red Cross and Red Crescent Movement and deserves the parliament’s support, and I note the enthusiastic support of the opposition, particularly given that a lot of these developments occurred while the Howard government was still in power. The second element to this bill took a great deal of the shadow minister’s attention—namely, the addition of regulation-making powers to extend protections to personnel providing defence related medical care. As the shadow minister indicated and is well known by members of this House, the ADF is obliged by the Defence Act to provide medical care to ADF personnel to ensure that those personnel are healthy to discharge their duties as uniformed personnel. But we also know that much of that care is provided by nurses and medics. The Defence Act provides for exemptions from different pieces of state and territory legislation relating to the supply and the prescription of medication, recognising that medical care in a defence context is quite different to the civilian medical care at which the state and territory legislation in question is directed. This is particularly important so far as it concerns obligations imposed by the legislation on doctors supervising nurses and medics. The exemption in the Defence Act currently only applies to uniformed medical personnel and, as I have learned as I have gone around the different bases in Australia in my capacity as chair of the Parliamentary Standing Committee on Public Works, uniformed medical personnel are particularly difficult to obtain and retain in the defence forces. It has been my experience that medical care at many bases in Australia is provided to ADF personnel by contractor medical staff or in some cases APS staff, neither of which categories are covered by the Defence Act exemptions. The legal advice provided to the government by the different legal agencies of government indicates that it is unclear whether those exemptions apply to those personnel. It is clearly in the interests of a properly functioning ADF that those exemptions be extended, and that is in a nutshell the regulation-making power that is provided by this legislation. The shadow minister spent some time discussing the rollout so far of the groundbreaking election policy commitment made by the Labor Party before the 2007 election to extend free medical care not only to ADF personnel, as currently is the case, but also to their dependants and spouses. This was an extraordinarily popular and well-received election policy and it is very easy to understand why the shadow minister and others on the opposition benches are so sensitive about it—as they did not think of it for the 11½ years during which they occupied the government benches. The shadow minister appears to have taken the view that after that period of neglect the new government would be able to implement this policy in a matter of days and the fact that we are rolling out trials in a progressive way is not a proper approach to public policy making and service delivery. On this side of the House we disagree with that assessment. Labor made a commitment to progressively extend basic medical and dental care to spouses and children of ADF personnel, and we are well underway in delivering on that commitment. Over the course of the development of ways in which to do that, the government came to the view that there was a better model than the original proposal of building family health clinics for a couple of reasons. Firstly, as I indicated, it is particularly difficult in regional areas to obtain the sort of medical and dental personnel who are contemplated by that policy. But we also took the view that the trials that are in place using a card system to directly pay GPs an agreed amount when the trial participants see the GP provide those defence families with a much greater sense of choice over the doctor or the dentist that they can go and see. The first stage deals with a range of remote bases, which is where this service is most needed. The second stage deals with three other significant regional bases in Townsville, Darwin and Puckapunyal, and in total those two trials will see the delivery of this free dental and medical care to some 16,000 spouses and children. This is a policy that we continue to be very proud of and intend to continue to roll out in a progressive but sure way. The third element of the bill deals with the legal status of the joint facility at Pine Gap, near Alice Springs. As the shadow minister indicated, Pine Gap was set up in the late 1960s as part of a suite of joint facilities that until 1999 included Nurrungar, near Woomera in South Australia, and the North West Cape in Western Australia. Pine Gap remains, and together these facilities were, of a very high strategic value in terms of the Western alliance’s capacity to communicate and gather intelligence around the world, particularly concerning the early detection of ballistic missile launches, especially nuclear ballistic missile launches. As the shadow minister indicated, this was not a policy without controversy. Firstly, the view was taken by many that the placement of these joint facilities on Australian soil made Australia a nuclear target, particularly a first-strike target. However, were an all-out nuclear war to have broken out during the Cold War it is very clear that Australia would have been a nuclear target with or without the joint facilities in place. The second concern raised by opponents of the joint facilities being on Australian soil was essentially to do with sovereignty issues. The debate raged for many, many years about the degree to which these were joint facilities run jointly by Australian and American forces or whether they were simply US bases on Australian soil. It was an endless debate which really does not require continuation in the context of the debate on this bill. Suffice it to say for the purposes of this bill that very regular protests took place, particularly at Pine Gap but also at Nurrungar before its closure in 1999. The now member for Fadden took part in those protests as a very youthful and perhaps radical individual. I am sure he will expand upon that in his contribution after I am finished. I suspect friends of many members of parliament and perhaps members of parliament themselves took part in those protests. It is very important to make clear that this bill is not about infringing on the right to protest about Pine Gap or any other aspect of government defence security policy—or any other policy, for that matter. We are not about curtailing that right. What we are about doing is amending the Defence (Special Undertakings) Act, the D(SU) Act, to clarify the security of that joint facility to protect it from unauthorised entry, which is an entirely different proposition to protest. As the shadow minister indicated, this arises from a well-known case where four protesters cut through the wire surrounding the joint facility at Pine Gap and were subsequently charged, with a hearing taking place in 2007. There is no question, factually, that this entry was unauthorised. There is no question that it went beyond protest at the point of unauthorised entry. The point that gives rise to this legislation is that the defendants in that case made the argument before the court that the base was not a prohibited area and was not undertaking defence work. In a belt-and-braces way, the purpose of this bill is to make very clear, from the Australian government’s perspective and from the Australian parliament’s perspective, that the whole of the facility is a prohibited area for the purposes of the D(SU) Act and that the work in the facility is a defence undertaking and is defence work. For that reason I commend that part of the bill to the House. The government is committed to making sure that the defence forces are given all necessary legislative, executive, capital works and other support to do their incredibly important work. This bill in its three different aspects continues that job and I commend it to the House. 746 16:56:00 Robert, Stuart, MP HWT Fadden LP 0 0 Mr ROBERT —I rise to speak on the Defence Legislation (Miscellaneous Amendments) Bill 2008. In doing so, I recognise the members of the defence establishment who are here today, including Michael Simon, who have come to witness the debate. I wish to speak on the duplicity of the government in schedule 2 of the bill, although it would be remiss of me not to remind the member for Port Adelaide that in 1993 I was at the Nurrungar protests as a young lieutenant with the 3rd Battalion of the Royal Australian Regiment. The Prime Minister at the time, Prime Minister Keating, sent in a company group plus 170 troops to guard the Nurrungar facility against 4,000 demonstrators, including union members. As a union member, member for Port Adelaide, you should be very thankful the unions did not get past the police barricade and come in contact with the members of the 3rd Battalion, because we would have been less than merciful. It is also interesting that you complain about the coalition under Howard not introducing the measures in schedule 2 with respect to providing medical treatment to defence members. Need I remind you that we had to pay off $96 billion of Labor debt, including $30-plus billion of interest payments from 1996 through to the early 2000s? We put aside $65 billion in the Future Fund to take care of public service liabilities that you neglected. Furthermore, we set aside $20 billion in funds for future infrastructure expenditure and left $18 billion in the 2007-08 budget surplus. We left you $240 billion, a quarter of a trillion dollars, so do not come in here and lecture about what the coalition may or may not have done in various areas of the economy. If we did not have to spend that quarter of a trillion dollars on the liabilities you left behind, I daresay there would be a range of things we could have done. 10000 Burke, Anna (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Ms AE Burke)—Order! Member for Fadden, please remember you are speaking through the chair. The use of the word ‘you’ implies that I have done all these things. HWT Robert, Stuart, MP Mr ROBERT —That would be dreadful, Madam Deputy Speaker. 10000 DEPUTY SPEAKER, The The DEPUTY SPEAKER —It would be atrocious. I remind the House that the use of the word ‘you’ is actually not permitted. If you could rephrase future references in your speech, it would be most appreciated. HWT Robert, Stuart, MP Mr ROBERT —Thank you, Madam Deputy Speaker. Through the chair, the former coalition government could have spent that quarter of a trillion dollars on infrastructure and a range of things if the hole left by the previous Labor administration had not been not there. Moving on to schedule 2 of the legislation and focusing on the duplicity of the Labor government, schedule 2 will amend section 124 of the Defence Act 1903 to explicitly enable the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals to an ADF member or cadet or a member of the family of an ADF member. As stated the bill provides for the making of regulations about medical and dental treatment for an ADF member, cadet or a member of the family of an ADF member. These terms are defined in section 58A of the Defence Act. Yet the Labor government’s 2007 federal election policy on defence promised something very different to what schedule 2 is indeed delivering. It promised free medical and dental care for ADF families. It went on to say ADF families face significant difficulties obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Speaking as a former military officer, who spent 12 months living on Thursday Island working with the 51st Battalion of the Far North Queensland Regiment, it is difficult to get good medical treatment when you are in the middle of the Torres Strait. Labor policy went on to say that posting to a remote location could mean that ADF families struggle to access the sort of health care that most Australians enjoy. No-one can argue with those two statements. The policy platform then went on to say that a Rudd Labor government would progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children—notable, noteworthy and indeed supportable. The fourth point was that Labor would begin this with a $33.1 million investment starting at 12 defence family healthcare clinics with a focus on remote base locations and major regional centres. It is here where the duplicity starts. It is here where the election promise does not even come close to being honoured. It is here where Defence families, where fighting men and women, have been sold short. It is important not to look at what is said with respect to election promises but to look at what is budgeted in budgets brought down and subsequently what is delivered. The Rudd government’s 2008-09 budget funded the promised entitlements only as a trial, clearly failing to deliver on an election commitment, a commitment to progressively extend free health care. It was not a commitment to try it and see how it goes but to progressively extend it. Instead of the $33.1 million promised there was only $12.2 million over four years—4½ million dollars or four million and a bit dollars per year—to trial the provision of free basic GP services and limited dental care to families of ADF members, initially in the rural and remote communities of Singleton, Katherine, East Sale, Cairns and Karratha/Pilbara. Five sites and $12.2 million are far from $33.1 million and 12 defence establishments. The amount allocated for 2008-09, the current financial year, is only $2.4 million with dental care limited to only $300 per dependant per annum. Only five of the 10 rural and remote defence locations were mentioned initially, excluding Townsville and Darwin. I am sure the member for Eden-Monaro, the Parliamentary Secretary for Defence Support, must be appalled to see defence establishments and defence servicemen so poorly sold out. Rather than defence families attending defence family healthcare clinics, which was the policy commitment of the Rudd government prior to the election, families are to source their own doctor and dentist. This is a little difficult sometimes when you are in the middle of nowhere. On 17 October last year, the Minister for Defence Science and Personnel announced, to his credit, that the trial would be extended to include Townsville, Darwin and Puckapunyal, although I suggest only after a significant backlash from the defence community, but to his credit nonetheless. ADF families do not currently have access to any form of free health cover as opposed to the militaries of other countries, of which the United States is a good example. Free health care—which includes physio, dental, general practice, other allied health professionals, cosmetic and indeed psychological services—is currently provided as needed or as requested to all full-time ADF personnel only. Apart from the provision of emergency health treatment to civilians and health care provided to an ADF member’s dependants accompanying the member if they are travelling overseas, defence’s health care is aimed at the operational readiness of ADF members. It is important that their health care and dental care be in top-rate condition before we send them to battle. The relevant regulations allow for the provision of medical and dental treatment to members of the ADF on these grounds. Most of the services are provided in-house. Albury/Wodonga and Puckapunyal have these services provided by a civilian contractor. The value of the contract for Albury/Wodonga is approximately $27 million over four years, servicing perhaps something like 900 people—a cost of $7,500 per person including the provision of GP, physio, dental, specialists et cetera. This is a far cry from what Labor is presenting at a cap of $300 per dental consultation in total. There is no question and the facts bear witness today that the Labor government have broken a key promise to our defence personnel. It is a key compact with those who do our war fighting on our behalf. They promised to spend $33.1 million over four years on 12 defence family healthcare clinics. They said they would to service men and women, many thousands who were fighting on the frontline overseas, thousands of kilometres away from loved ones, from family, from friends, from home and from all that they knew. They said to those people overseas, ‘We will provide free health care for your families in these 12 locations.’ Now these same people find out that this compact has been broken. The budget delivered a $12.2 million trial in only five locations, albeit three more have been added. This is $20.9 million short of an election promise. I say to the government, I could understand it if we had left you in an almost quarter of a trillion dollar hole, which in the scheme of things is what the next coalition government will be left with. I could understand it if there were a $96 billion debt, if interest payments were $30 billion or $40 billion by the time it was paid off or if superannuation entitlements of $60 billion had not been catered for—I could probably understand it if you were facing that. But indeed the Labor government came into office with an economy in first-rate condition, the envy of the world, with banking stability—where only 16 banks have AA rating of which four are our big four banks—in which there is no net Commonwealth debt; in which future superannuation liabilities have been catered for in the Future Fund; in which a surplus of $18 billion was left them in the 2007-08 budget and $20 billion in other infrastructure accounts. In conditions like that, in a budget position the envy of the world, the Labor government cut $20.9 million from the health care of the mums and dads, the boys and the girls and the babies of our fighting men and women. It is unbelievable. Of all the places to make a budget cut in such an impressive fiscal position the Labor government was left by the Howard government, of all the places to make a budget cut, taking $20.9 million from the health care of the most vulnerable, the families of serving men and women in remote localities that do not enjoy the same comforts that we do in the more urban areas, is almost reprehensible. Instead of extending the free health care to ADF personnel, only a trial has been committed to, for basic GP services and limited dental care in eight locations. RAAF Edinburgh, Elizabeth North, RAAF Amberley and RAAF Williamtown all miss out, as do other establishments. Instead of free health care, the trial will provide only $300 for dental care per dependant. Given the current cost of dental care, this amount simply does not add up. Two hundred and three million dollars per year is spent on defence health—about $4,300 per soldier, sailor or airman. Labor’s plan does not even come close to what we currently spend on our fighting men and women. This is a dishonouring of the defence community; breaking promises to the community is always dishonouring that community. They have made a promise either without comprehending what it would take to implement or—and I cannot believe this would be the case—with no intention of actually delivering. The Prime Minister and Minister for Defence looked our service men and women in the eye and made them a promise they had no intention of delivering on. I refuse to accept that is the case, looking across the chamber at the member for Eden-Monaro. I have faith that he will ensure that the right thing is done by our defence men and women. Having pledged an initial $33.l million investment to start 12 defence family healthcare clinics, with a focus on remote bases and locations, this promise must be fulfilled. In section 4 of the Defence Act 1903, it defines a ‘member’ as including ‘any officer, sailor, soldier and airman’. It is not clear whether the bill intends that reservists and their families are to be included in the class of people who will have access to the proposed medical and dental treatment. It is perhaps unlikely given that in section 4 and elsewhere in the Defence Act a distinction is drawn between the terms ‘member’ and ‘member of the Reserve’. Again I would see it as unlikely that Labor would exclude our reservists, considering that our deployment to the Solomons is staffed entirely by reserve personnel. Again looking at the member for Eden-Monaro, a member of the government in the Defence portfolio, I can only hope he will ensure that our reservists are not excluded. The legislation amendments deal with the provision of health care to cadets. However, the extent of health benefits available to cadets has not been made clear by the government. I can only assume that further regulations will provide clarity on the issue of cadets. The ADF is still experiencing recruitment challenges. Although a range of initiatives has been put in place by the Rudd and indeed the Howard government that has alleviated many areas of this, it is still a problem. It would be disappointing if a roll-back in the Rudd Labor government’s commitment to defence families was allowed to impact defence recruitment. There is a need for a degree of bipartisanship, when it comes to defence and our national security, across both sides of the chamber. There are only two members of the House who wear operational service medals from service in the military. It behoves us to ensure that our Defence Force is ably supplied, well managed and well equipped, that promises are not broken, that our defence men and women and their families are well taken care of. At this stage that responsibility falls on the shoulders of the member for Eden-Monaro, a distinguished officer, a combat veteran who wears the Active Service Medal, a man of great respect. I look to him to ensure that our men and women are taken care of. 749 17:12:00 Kelly, Mike, MP HRI Eden-Monaro ALP Parliamentary Secretary for Defence Support 1 0 Dr KELLY —The provisions of this bill, the Defence Legislation (Miscellaneous Amendments) Bill 2008, operate in relation to three issues, as we have heard. Two of these issues could be described as housekeeping measures that clean up a discrepancy arising from our federal system and also cure a technical deficiency relating to the security of the Pine Gap facility. The third issue is of greater significance. It reflects the resolution of a longstanding point of contention in the law of armed conflict relating to protective emblems. On the medical provisions, I have heard the statements by the member for Fadden and the member for Paterson. I accept the genuine concern of the member for Fadden for the men and women of our ADF and their welfare. I certainly do not hold him responsible for the actions or inactions of the previous government as he was also a member of the class of 2007. However, it is the height of hypocrisy for any member of the previous government to complain about action on delivering better health outcomes for defence families as they had 11½ years of opportunity to do something about that and did not. We are acting on that issue. In opposition it is of course difficult to formulate policy without the advice of departments. We are now working through the best solution to that problem through conducting trials, and certainly help is on the way for our ADF families. The service of the men and women of the ADF is unique in so many ways—one of them is the fact that they are required to be somewhat nomadic. We require our personnel to regularly relocate from one part of this country to another and overseas, having to continually adapt to varying jurisdictions. This creates a tedious round of adjusting many basic administrative aspects of daily life such as drivers licences and car registration but also with respect to fundamental family issues of education and health. This is something that the Rudd Labor government are fully conscious of, and we are working to smooth out some of these rough edges created by our federal structure. In particular, we are currently working on the national curricula project, which will be greatly appreciated by defence families. One of the measures contained in the bill before the House will cure another of those anomalies in relation to the medical service provided to our personnel within Australia and when overseas. The bill will do this by explicitly enabling the making of regulations to ensure that the medical and dental treatment, including administering pharmaceuticals, provided to an ADF member or member of their family and to cadets is not impeded by variations in state and territory laws. This follows advice from the Australian Government Solicitor that in some jurisdictions ADF, APS and contracted civilian health professionals could run foul of the professional standards in the state or territory in which they are registered, arising from supervising the medical treatment provided by ADF medics. The amendment also enables the provision of health support to ADF members and dependants in certain overseas countries where the range of pharmaceuticals may not be of the standard available in Australia. The second administrative issue the bill addresses is the provisions dealing with the Joint Defence Facility Pine Gap under the Defence (Special Undertakings) Act 1952. In a case in June 2007, the act was used for the first time to convict four persons who had broken into the Pine Gap area. Some technical deficiencies were revealed in relation to the validity of declarations relating to the facility, so these amendments will strengthen the Commonwealth’s legal position in dealing with offenders against the act. In particular, the addition of the new section 2A, defining the purposes of the act, will make it clear that the Commonwealth’s power in relation to the facility and its security is based not on the defence power alone but on other elements such as Australia’s obligations with respect to treaties, conventions and international agreements to which it is a party. In these fraught times it is not just misguided demonstrators that we need to secure this and other key facilities against but, of course, the more deadly threat of terrorists, as recent trials have illustrated. In relation to the demonstrators, though, let me say that, while I fully recognise the right of citizens to demonstrate against the Pine Gap facility, it has long been a puzzle to me why they believe the world would be better off without it. Without doubt, the Pine Gap facility is one of the most positive contributions to peace and security in the world today. I note that it was sometimes said that the facility made Australia a nuclear target. The truth is that this facility makes nuclear war less likely. It provides a key piece of the puzzle in verification concerning nuclear arms and testing treaties and the security of friends and allies around the world through its ballistic missile early-warning information. Without its technical intelligence service, it would be like losing an eye in a world where we need all our senses operating at full capacity all the time. I suggest demonstrators could make a far greater contribution by focusing on the situation in Zimbabwe or Sudan or the brutal, extreme Islamist movements Hamas, Hezbollah and the Taliban. Turning to the emblem issue, the other provisions of the bill which deal with the introduction of a new protective emblem in relation to the law of armed conflict deal with, in technical terms, amendments to our Geneva Conventions Act 1957, which made effective in Australian law the four Geneva conventions of 1949 and subsequently the two additional protocols to those conventions introduced in 1977. Following the entry into operation of the Criminal Code Act 1995, which made further adjustments to the Australian regime of the law of armed conflict, principally through changes made necessary by measures associated with the creation of the International Criminal Court, it will also be necessary to amend the Dictionary of the Criminal Code. The amendment to the Geneva Conventions Act 1957 brings into force a new protocol III of 2005 to the Geneva conventions of 1949. The purpose of the protocol is to add a new emblem to the protective red cross and red crescent, in the form of a so-called red crystal. This is, in effect, a hollow red square turned on one point on a white background. The story of how this protocol came to be and of the need for a third emblem is a long and convoluted one and is intimately entwined with the history of the International Committee of the Red Cross, or ICRC, and the International Federation of Red Cross and Red Crescent Societies. It began, as with the history of the ICRC itself, with the experience of Henri Dunant, the Swiss businessman who observed the appalling suffering and deprivations of the wounded on the battlefield at Solferino in Italy in 1859. Largely through Dunant’s efforts, the first Geneva convention was created in 1864 for the amelioration of the wounded on the battlefield. In this convention the red cross was established as the sole emblem designated to identify the medical services of armed forces and voluntary relief societies. This was intended to substitute for the various flags and distinctive signs that were in use at the time. The idea was to have something universally understood and recognisable from a distance. It is unknown why the red cross was selected but it appears that it was probably a tribute to Henri Dunant and the tradition of neutrality established over several centuries by Switzerland through reversal of the Swiss national flag. While it was not intended to have religious significance there is no doubt that the emblem bore a close resemblance to the flags and devices used by the medieval crusaders and therefore it was rejected by the Muslim world and, in particular, by the Ottoman Empire of the day. This was understandable, and I have no doubt that consciously or unconsciously the founders of the movement were influenced by their Christian background in selecting the emblem. If it was a reversal of the Swiss flag then there is no doubt that the use of the cross on the Swiss flag is a religious reference. Had a clearly non-religious emblem been selected at this point, the debate and angst of the last 130 years could have been avoided. In 1876, during the Russo-Turkish War, the Sublime Porte declared its intention to adopt the red crescent on a white background to distinguish their military medical services. In 1906, at the conference to review the 1864 convention, there was an attempt to obtain recognition of the red crescent, and the situation was further complicated by the efforts of Persia to have the red lion and sun, and Siam the red flame, recognised. The conference rejected these efforts but authorised states to formulate reservations to the provisions on the emblem. The Ottomans and Persia took advantage of this, while Siam elected to adopt the red cross. Finally, in the updated and revised convention of 1929, the red crescent and red lion and sun were formally recognised, with the proviso that only emblems already in use at the time, and no new emblems, would be recognised. This situation was later confirmed in the first Geneva convention of 1949, which is the convention for the amelioration of the wounded on the battlefield in force today. The negotiations on this issue for the 1949 convention were not straightforward—surprisingly! Proposals were put forward at the time for replacing the emblem with a new universal emblem—this originated from the Netherlands—reverting to the sole use of the red cross or admitting the red shield of David for the newly created state of Israel. Unfortunately, the idea of a new emblem was rejected by the Western states in the name of tradition and by certain Muslim states for religious reasons. It was, as a consequence, the last issue of the Israeli proposal which has proven so controversial over the years from 1949 to 2005 and has been at the heart of getting to the solution we now have with respect to the red crystal. The red star of David, or Magen David Adom, had been in use by Jewish relief societies in Israel/Palestine for nearly 20 years prior to 1949, including by Israeli armed forces during the fighting against invading armies from neighbouring states in 1948. For the Jewish community of Israel, there was the concern shared with the Muslim world over the mutual experience of the crusaders, which was not a good one. There was also the very recent and bitter memory of the failure of the ICRC with respect to the Holocaust, a failure well documented in books such as The Yellow Star and the Red Cross by Marc-Andre Chargueraud and freely acknowledged and regretted by the ICRC. Clearly, also, the acceptance of the red crescent had established a precedent for the acknowledgement of cultural and religious concerns over the emblem. There was heated debate on this in 1949, with the proposal being defeated by only one vote, and Israel was to try again to have the red star of David recognised during the diplomatic conference of 1974-77, which produced the two additional protocols to the four Geneva conventions of 1949. Once again, however, they were unsuccessful. Since 1949, Israel has therefore relied on its reservation to the 1949 conventions on the emblem, which has only been rejected by two of the parties. The practical effect of the inability to produce a mechanism accommodating the red star of David was that a number of national voluntary relief societies were not able to be admitted to the International Red Cross and Red Crescent Movement, as a condition for the recognition of a national society was use of the red cross or red crescent. The societies which were not able to do this included not only the Israeli Magen David Adom but also the Eritrean and Kazakh societies, which wanted to use a double emblem of the red cross and the red crescent, and at one point Zimbabwe and India, which wanted to use a red star and a red swastika respectively. Understandably that might have caused problems. Further complicating matters was the emergence of the Palestinian Authority and its red crescent society, which could not be admitted to the movement without resolving matters with Israel. Beginning in 1993, the ICRC began a serious effort to find a solution. Over the years between 1993 and 2005 there have been many conferences, some of which I participated in, diplomatic negotiations and impediments which have arisen periodically associated with conflicts in the Middle East. Another phenomenon that gave added impetus to the search for a new emblem was also emerging. In the years from 1993 onwards, we have seen the rise of brutal interstate and ethnic conflict involving a proliferation of non-state actors. We have also seen the rise of Islamic extremists who have eschewed all the accepted boundaries of armed conflict, civil society and the principles underpinning the work of voluntary relief societies. In an unprecedented fashion, the ICRC has endured attacks on its personnel and facilities over these years in places such as Somalia, Chechnya, Iraq and Afghanistan. I personally watched the struggles of the organisation in Somalia and Iraq and was privileged to serve on secondment from the Army to the ICRC in Bosnia and Croatia in 1996 as part of the Sarajevo delegation. It was fast becoming clear that the Red Cross was entering a situation where not only was it not affording protection but it was in fact becoming a target in some situations because of the emblem itself. The ICRC and the UN were facing a similar situation of needing to have some flexibility in the manner in which they operated. In the course of attempting to find an answer to this dilemma the issue of moving to one universal emblem was again canvassed but this could not be achieved. The solution was therefore to adopt the third emblem, which became the vehicle for facilitating additional flexibility within itself. This was the outcome of the diplomatic conference in Switzerland in 2005. The result is that the red crystal can be used on an equal footing with the red cross and red crescent by all military medical personnel and by voluntary relief societies who wish to be part of the movement. It is also open for national societies to incorporate within the red crystal an emblem that is in effective use by a high contracting party and which has been communicated to the other high contracting parties and the ICRC. It is therefore possible for the red star of David and the dual red cross and red crescent to be used in this way, at last enabling the Magen David Adom, Eritrean, Kazakh, and Palestinian Red Crescent Societies to join the movement. Additionally, it is possible for the military medical personnel of high contracting parties, the UN and the ICRC to use any of the three distinctive emblems where it is believed this may enhance protection. As a heartening symbol of the success achieved during the process leading up to the adoption of protocol III, on 28 November 2005 Dr Noam Yifrach, Chairman of the executive committee of the Magen David Adom, and Mr Younis al-Khatib, President of the Palestine Red Crescent Society, signed in Geneva an agreement on operational arrangements between the societies. Finally, in a powerful and emotional moment at the conclusion of the 29th international conference of the Red Cross and Red Crescent, the ICRC announced the recognition of the two societies, and they were subsequently admitted to the International Federation of Red Cross and Red Crescent Societies by acclamation. There is no doubt that the movement has been strengthened by the resolution of this issue and the wounds of the last several decades of debate can now begin to heal. It is incumbent on the ADF now to put in place a sound familiarisation process to ensure an understanding of the meaning of this reform and that our personnel instinctively recognise the new symbol. The community in general also needs to understand the significance of the symbol, as the red cross has often been misused. We must ensure that the red crystal is not similarly the subject of misuse. In many ways it is regrettable that the international community was not able to settle on a universal symbol. Over the last two decades, the issue of protective emblems has become more complicated by a proliferation of non-government organisations, NGOs, operating in the field with an absolute rainbow of emblems and logos. There is no doubt that this has complicated the situation for the ICRC. Not all NGOs operate on sound principles, and some have blatantly crossed the line in being fronts for belligerence and terrorist organisations. In conflict zones and countries with low educational levels, many simply do not understand the difference between all the emblems and logos they see around them from time to time. We must therefore work all the harder to promote knowledge of and respect for these three essential protective emblems. I stated that I was proud to serve on secondment with the ICRC. The organisation performs essential relief work in countless conflict zones and disaster areas around the world, which has only too clearly been made evident again in these last few days. As a member of the ADF, the role I prized above all is that which seeks to track and monitor the whereabouts and wellbeing of prisoners of war and detainees. With this in mind, I call on Hamas to immediately provide access to the ICRC to Gilad Shalit, a soldier of the Israeli defence force, as he continues to endure nearly three years of captivity somewhere in the Gaza Strip. I worked with all the ability I could muster to facilitate the work of the ICRC in Somalia, Bosnia, Croatia, Timor Leste and Iraq. I count as the lowest point of my field experience the failures of the coalition forces to do better with respect to the handling of detainees in Iraq and the Abu Ghraib saga. That experience was a lesson that we must always be on our guard to maintain our standards. It is important for us to work with the ICRC and maintain a regular dialogue. It is not a perfect organisation and has made mistakes along the way, but there is no doubt that if it did not exist we would have to invent it. I commend the bill to the House. 754 17:30:00 Macfarlane, Ian, MP WN6 Groom LP 0 0 Mr IAN MACFARLANE —As we have just heard, the Defence Legislation (Miscellaneous Amendments) Bill 2008 is in three parts. I thank the member for Eden-Monaro for a very enlightening history lesson on both the red cross and red crescent and the reason that today, as part of this bill, we are amending the Geneva Conventions Act 1957 and the Criminal Code Act 1995 to incorporate the third additional protocol to the Geneva convention to establish the universally distinctive emblem of the red crystal. It is very appropriate at this time that our minds are drawn to the history of the Red Cross. As we have seen in the enormous tragedy that has unfolded in Victoria and, to a lesser extent, the devastation in North Queensland, the Red Cross is always to the fore. However, in a world of great diversity and many different cultures, it is singularly important that we have a symbol that will not be wrongly perceived as having a particular religious, cultural or political affiliation and that will guarantee, as much as ever can be guaranteed in the field of battle, the safety of those people who work under it. The emblem will only be used with the consent of the Minister for Defence. It is an emblem which will universally signify people who are coming to the aid of the injured, whether it is in a military conflict, as a result of terrorism or—more commonly these days, it seems—as a result of natural disaster. The second component of this bill will amend the Defence Act 1903 to explicitly enable the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to ADF members or cadets or a member of an ADF member’s family. This was an election commitment. We hear at great length from those who sit opposite, even when they sit on this side, the promises that they lay out about what they will do when they gain the Treasury benches: how they will never cut back on defence spending and how they will preserve the rebuilding of the defence forces which the coalition did under the Howard government. Yet again we see with this part of the bill a reneging on an election commitment. The coalition supports the government in this provision to provide extra support to defence personnel. However, the opposition is concerned that Labor has broken a key election promise to our defence personnel. It promised to spend $33.1 million over four years on 12 defence family healthcare clinics. And yet, as we saw in the budget, all the budget delivered was an amount almost a third of that, some $12.2 million, for a trial, with care provided in only five locations. So early in its term of government, this government has broken an election promise with a $21 million shortfall from its election promise. Five months after the fact, the Minister for Defence Science and Personnel—that is, the member for Eden-Monaro, who has just spoken—belatedly included three more locations, adding Townsville, Darwin and Puckapunyal to the trial, such must have been his embarrassment, as an ex active soldier and someone who I am sure holds deep pride in the ADF, at the reneging of the government in a key area of election policy. I am sure his embarrassment would have been accentuated by the fact that, at this time, in a world that we now find so challenging, when given an opportunity to show their commitment to the ADF, the Labor Party failed. They failed as they have in the past and as they no doubt will in the future. The message that sends to the ADF personnel who are affected by this cut is that the Labor Party not only do not keep their promises but do not fully, 100 per cent, support the proper provisioning of the members of the ADF and their families. On that point, it has an effect on the morale of the ADF and an effect on the recruitment ability of the ADF, and the government should be held in condemnation for both of those points. We hear too often from people standing at the dispatch box on that side under this government of their commitment to the ADF and what they will do and how important the personnel in the ADF are. But, given the opportunity, they cannot even keep the most basic of election promises. We are not talking about $21 billion; we are talking about a sum of money that was promised to the personnel in the ADF, a sum of money which could easily have been allocated as it was promised, a sum of money just under $21 million, and yet they are unable to keep that election promise. The failure to fully deliver this promise means that defence personnel in the RAAF in Edinburgh and Elizabeth North, and at RAAF Base Amberley and RAAF Base Williamtown are to miss out on this service altogether. Instead of extending the free health care currently provided to ADF personnel and their dependent spouses and children, Labor has committed only to a trial of the free provision of basic GP services and limited dental care to the families of the ADF, and only at limited locations. This is a disgrace. But it underlines a lack of commitment by the Labor Party to the ADF. I can be as sure as I stand here that that lack of commitment is being felt in my electorate at the two Defence Force bases there—the one at Oakey and the other at Cabarlah. Already, as I move around my electorate I am asked—in fact, almost immediately after the election I was asked—whether or not this government would maintain their commitment to fund the ADF in total, and I have to be honest and say that, on the basis of their past experience, I said I would be watching them closely. I did not condemn them straight up—although I should have; my instinct was right—I gave them the benefit of the doubt. That benefit of the doubt has been betrayed. Not only have they failed to deliver on this election promise item but also we now see that the federal government was planning to cut $1 billion from the ADF. Madam Deputy Speaker Bird, I ask you if those in government fully understand the message that that sends to those men and women who, in some cases, make the ultimate sacrifice in the service of this country. I wonder if the government understand the message that that sends to those people. It sends a message that demoralises them. It sends a message that these brave men and women will again have to wait for a coalition government to rebuild the defence forces to the level this nation requires. In my electorate, as I have mentioned, I have two defence installations. The first is at Oakey, which is a premier helicopter training base, which trains men and women to fly helicopters in all sorts of scenarios and situations. I have flown with the ADF in Timor and admired the skill that those men and women displayed in handling these wonderful pieces of equipment. I will watch them as they now embark on the training with the new Tigers, and I look forward to seeing the MRH90s grace the skies around Oakey. But it is important, as we go forward with the defence budget, that those sorts of training facilities are not threatened. Of greater concern to me, though, is the installation at Cabarlah, known as the signals base—though I am sure they do much more than signalling. That base plays an extraordinarily important role in virtually every peacekeeping operation and theatre of war that Australia is involved in. It also plays a very important role, though, in the economic and community makeup of my electorate. The people who come to that base are highly skilled men and women. They are men and women who come there to take their careers on, to learn extra skills—and also to perform certain tasks that we do not speak of in public. Those tasks are done to fundamentally underwrite the personal security of each and every Australian. Yet this base is under threat from this government and its budget cost-cutting. This base now sits there with an axe over it, with those in it wondering whether or not it will remain intact after the defence white paper. I took certain action when I was a member of the Howard cabinet to ensure that the base was not considered for closure and, on the change of government, I spoke personally and wrote to the defence minister, asking him to recognise the significance of the Cabarlah barracks, and to secure its future. I have to say that it concerns me greatly that, to date, I have only received a non-committal response and a referral to the process of the white paper. That process is now becoming way overdue. It is a process which does not give any comfort or security to the men and women of the Cabarlah base, nor give any comfort or security to the community that surrounds it. As I said, the defence personnel, both in the electorate of Groom and nationally, require a government that is prepared to stick to its commitments in relation to its election promises and to the ADF. HVZ Thomson, Craig, MP Mr Craig Thomson —Was it a core promise or a non-core promise? WN6 Macfarlane, Ian, MP Mr IAN MACFARLANE —The member opposite should answer that question, and I am happy if he wants to do so, because I understood from the Prime Minister that all his election promises would be carried out, and on that basis I suggest that it is a core promise and on that same basis I suggest that he has broken it. I think that the government need to seriously consider exactly what message they want to send to the Australian defence forces, to those who are serving overseas, to those young people who are considering service in the ADF, and whether or not they are going to, as a government, provide the level of funding that they need. They should immediately reverse this decision, or enhance this decision, and take it back to the $33 million over four years for the 12 defence family healthcare clinics they promised. There is a third component to this bill, on which I will only speak briefly. Again I find myself, twice in one speech, acknowledging the comments of the member for Eden-Monaro. It is in relation to the amendments of the Defence (Special Undertakings) Act of 1952, to provide that the Joint Defence Facility Pine Gap is a special defence undertaking and a prohibited area. I, like the previous speaker, certainly agree that people have the right to demonstrate, but this is an important establishment in the defence of Australia and our allies and, whilst demonstrations should take place, they should not take place in a way which interferes with its operation. This is a bill in three parts, each of which is quite different. In speaking on this bill today I also take the opportunity to wish those in the ADF every success and every safety in their endeavours and again extend the gratitude of my electorate for their efforts. I commend the bill to the House. 757 17:45:00 Dreyfus, Mark, MP HWG Isaacs ALP 1 0 Mr DREYFUS —I rise to speak today on the Defence Legislation (Miscellaneous Amendments) Bill 2008. As the House has heard from other speakers, this bill does a number of things which include amending the Geneva Conventions Act 1957 and the Criminal Code Act 1995 to recognise the red crystal as the third emblem of the International Federation of Red Cross and Red Crescent Societies and also providing that the joint facility at Pine Gap is a prohibited area. It is impossible to speak about the Red Cross Movement without reiterating the comments that have been made in the last two days by many others in this House about the work of Red Cross volunteers and, indeed, other volunteer movements. The Red Cross, alongside the Country Fire Authority and other volunteer organisations, are working in the bush as we speak here. More than ever, we thank them for their work. In this crucible, in which our resolve is cast, we find our cohesion as a nation and resilience as a people. These particular amendments incorporate the red crystal into Australia’s statute books as the third emblem of the International Red Cross and Red Crescent Movement. The crystal will give to groups and societies that have difficulty identifying with the two previously recognised symbols, the red cross and the red crescent, a neutral protective marking to clearly distinguish them from combatants in war zones. It will identify all those operating under it in these ways: it will identify them as working within the Geneva conventions; it will identify them as a group providing relief and care in times of crisis for the most vulnerable; and it will identify them as a group or society blind to race, religion or politics. One such society is, of course, Magen David Adom—Israel’s national disaster, ambulance and blood bank service. Until 2006, Magen David Adom had been prevented from becoming a member of the International Red Cross and Red Crescent Movement because it used what would be known in this country as the red star of David as its emblem. I do not want to revisit the long controversy over the admission of Magen David Adom to the International Red Cross and Red Crescent Movement and some of the other disputes in recent years because, in 2006, Magen David Adom was admitted as a member of the international movement. But it is the case that the introduction of the additional neutral protection symbol has been under discussion for a number of years—indeed, for far too long. In the very protracted discussion, the red crystal, the emblem that has now been adopted, emerged as the most popular proposal. It is formally referred to as the ‘third protocol emblem’ in additional protocol III, there being a series of protocols to the Geneva conventions under which the use of these emblems is mandated. It is the happy event that in 2006 Magen David Adom—which is Israel’s national disaster, ambulance and blood bank service, as I mentioned—joined over 100 million volunteers in 186 national societies, all of which are committed to: providing protection and assistance to victims of conflict, visiting detainees, providing medical care to the sick and wounded, and reuniting separated families. The third symbol has none of the religious connotations surrounding the cross or the crescent. Of course, the red cross is not itself a religious symbol. It is simply an inversion of the Swiss flag and it was intended when introduced and adopted to symbolise the traditional neutrality of that country, that being an appropriate stance for this kind of organisation. It is also the case, however, when gaining the acceptance of sometimes traumatised and poverty stricken people, some of whom have deep suspicions arising out of protracted religious conflict, that there should be no room for misunderstanding. For that reason, Magen David Adom, when operating outside Israel, will use the new symbol, the red crystal, that is being endorsed here as part of Australian law. As a member of the International Federation of Red Cross and Red Crescent Societies, Magen David Adom will continue to operate blood banks. It will continue to operate the first aid stations that have been built and maintained all over Israel and the ambulance services that are provided to all critical border kibbutzim. During the most recent conflict, MDA mobilised over 400 ambulances, extended the hours of over 12,000 volunteers and transported injured civilians, both Palestinian and Israeli, to hospitals throughout Israel. This year alone Magen David Adom’s 700 fully-manned life-saving vehicles attended 1,180 sites hit by missiles within the western Negev, protecting human life regardless of political or religious affiliation. Increasingly, Magen David Adom has been extending its outreach to first-aid programs among the Arab-Israeli population. Its aim is to address the disproportionate number of drownings, electrocutions and serious burns among Israelis of Arab descent. The Victorian division of Magen David Adom has also been doing its bit for many causes. In Melbourne 700 people attended the function at the Esplanade Hotel on AFL grand final night last year, raising $10,000 for Magen David Adom’s vital work. Similarly, the Caulfield Hebrew Congregation welcomed three of Israel’s finest paramedics to Melbourne at a function at Sukiert Hall. Alon Basker, Ilya Levi and Tom Pasler attended an event co-hosted by the Australasian Jewish Medical Association. The Victorian branch of Magen David Adom has also launched an appeal for those affected by the Victorian bushfires. Co-president of the Victorian division of Magen David Adom Glynis Lipson, who is in the gallery today, said that the response has been so overwhelming that organisers could not get into their driveways or front doors for all the donations. I would like to thank Magen David Adom for their work both in this country and elsewhere in the world—work which is vital, which emphasises our common humanity and which ameliorates human suffering. The other matter that I would like to mention is the part of the bill which clarifies the definition of a defence undertaking in the context of the joint defence facility at Pine Gap. Under the amendments it will be an offence to enter a facility that is ‘resisting or preparing to resist international aggression’. Proposed subsection 8A as set out in the bill provides that the whole area in the geographic location of the Pine Gap facility is a prohibited area. It also provides that the work conducted at Pine Gap is a special defence undertaking. These amendments respond to the defences raised by a number of activists who broke into the Pine Gap facility in 2005. The activists sought to rely on a defence that asserted that Pine Gap was not a prohibited area because it was not then being currently used for the defence of the Commonwealth. The assertion was then and would be now an absurd assertion because Pine Gap is an essential piece in our intelligence and counterterrorism network. It makes an important contribution to our alliance with the United States as well as to the deterrence and avoidance of conflict. It is a central part of ANZUS and UKUSA and plays a vital role in the forward defence of Australia. Similarly absurd is the allegation that was raised by those activists and has been raised since that Australia does not know what is done at Pine Gap. Much is sometimes made of what is in fact a misquotation of Sir John Gorton, former Prime Minister, to the effect that, and this is the way it is usually misquoted: ‘I don’t know what happens at Pine Gap and I don’t care.’ It might be asked, who knows what the Liberal Party were doing in the 1960s? Today an important underlying principle of the Pine Gap facility is ‘full knowledge and concurrence’—that is, Australia must have full knowledge of and agree to all activities conducted on its soil. The activists concerned who raised this mistaken defence in 2005 were supposedly pacifists. They broke into the facility as a statement of their own political convictions. I would say to members of the House that there was both conceit and naivety in their actions. It is supremely arrogant to think that, entitled to express your politics as you might be, you can in effect recklessly undermine the security of the Australian people by breaking into a defence facility; and it is naive to think that, committed to peace as all of us are, Australia should not pursue interoperability with the United States, as our closest ally. Pine Gap has always captured the imagination of the Australian people. On 26 January 1967 the daily newspaper of Alice Springs, the Centralian Advocate, ran the front-page headline, ‘Space base may attract flying saucers’. Perhaps, as a peaceful nation with friendly neighbours, we are unused to the kind of military installations that dot the countryside of our allies in Europe and the United States. For some reason or other this facility has always excited not only UFO believers but also conspiracy theorists. It might be that what has sometimes been said to be the quintessentially Australian defiance of authority has led to the problem of break-ins at Pine Gap. As early as 1967 the daily log kept by the supervisor for the construction of Pine Gap records that he had to lock the cover to the facility’s water tank to prevent what was described as ‘illegal swimming’. One way or another it does need to be made absolutely clear that the facility at Pine Gap is essential to a multilateral approach to global security cooperation. It is vital for intelligence collection and our missile early-warning systems. It allows the Australian government to ensure that arms control and disarmament agreements are being honoured throughout the world and it also allows the Australian government to monitor military developments in areas of the world where our troops may be operating. We do need to shake off the tendency to regard a ‘prohibited area’ as a challenge and instead let our military do their work. If any Australian citizens have a political problem with a facility such as Pine Gap then it is a problem that ought to be expressed by those citizens peacefully and legally. It might be that those who have a problem with the Pine Gap facility even write to me as a member of the Australian parliament to express their views about it. What does need to be made clear is that it is not a legitimate means of protest to break into this or any other military facility and it is appropriate that the amendments that are here put forward in this bill be adopted by the House. I commend the bill to the House. 760 17:59:00 Jensen, Dennis, MP DYN Tangney LP 0 0 Dr JENSEN —Before addressing the bill at hand, allow me to express my deepest respect for the men and women of the defence forces of Australia, who are the pride of our nation and the envy of so many others. Their professionalism, their courage and their humility are constants. Regardless of political, economic and social change, our armed services stoically continue their work, risking all so that the rest of us can enjoy peace. I trust that the profligate spenders opposite, whose idea of victory appears to be setting record debt levels, will not get so carried away trying to buy favour with the public through their unstimulating stimulus packages that the larder is left bare for our Defence Force. The first item in the Defence Legislation (Miscellaneous Amendments) Bill 2008, the formal recognition of the red crystal symbol, in addition to the red cross and the red crescent, would appear long overdue. Given the religious connotations of the existing two symbols, it was inevitable that not all communities would be comfortable with embracing them. Many societies, Australia among them, have populations and consequently armed forces which are extremely diverse in cultural and ethnic terms. Although more than half the world’s people reportedly follow Christian or Islamic faiths, represented respectively by the symbols of the cross and the crescent, billions more do not, many of them tragically in regions currently suffering conflict. Perhaps the red crystal will one day become the dominant symbol for protection of people and property such as hospitals and vehicles, working in accordance with the Geneva conventions which set down rules governing the conduct of war. Regardless, the adoption of the red crystal in addition to the red cross and the red crescent is a positive move and one which would meet no opposition from any reasonable party. Sadly, the same cannot be said for the second item in this bill, relating to the provision of health care to families of Defence Force personnel. I have already indicated the great esteem in which I hold our service men and women, and I suspect the vast majority of Australians share my sentiment. However, we also feel enormous gratitude to the families of these personnel—families who make enormous sacrifices in supporting their military members in the execution of their duties. The life of a military family can be exceedingly challenging. Stability is one of the first casualties, with frequent relocations as service personnel take up new postings, often in relatively remote and occasionally very unpleasant settings. Then there is the stress of separation when defence personnel are deployed overseas or even within Australia but away from their families for long periods of time. No-one should have any delusions about the purpose of our military or the risks inherent in any military career. But we must all recognise the impact on families who stay behind as personnel are sent into battle, as they have been and continue to be for the first time in such numbers in a generation. Such are the realities of military life. But spare a thought for those families and the stomach-churning anguish they experience as a father, a mother, a brother, a sister, a son or a daughter stands against Australia’s enemies in distant lands and information on their whereabouts and welfare grows scarce. Every ring of the phone and every knock at the door must cause a chill in these homes as family members wonder if this is bad news from the front. Imagine their stress. For the excellence of their skills and the way in which they exercise them—for that alone—military personnel deserve to know that their families are being taken care of by the nation they so faithfully serve. But when you consider the additional costs to the families themselves, then surely our debt and gratitude grows manyfold. I thought the government also understood this. But it seems that they were merely paying lip-service to the principles involved when they made an election promise to meet the medical and dental needs of our Australian Defence Force personnel’s families. I say ‘paying lip-service’ because, of course, on winning government, the members opposite failed to keep their promise, just as they have failed to keep so many others. You have lied, and lied to the Australian public on this, and your credibility is shot. Here I will quote from Labor’s plan for defence, your election policy document, as it has been cited in reports. This is signed off on by the now Prime Minister and the now defence minister and the now veterans’ affairs minister. Under the title, ‘Free medical and dental care for ADF families’, you said: ADF families can face significant difficulties obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Posting to a remote location can mean that ADF families struggle to access the sort of health care that Australians enjoy. A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. Labor will begin this with a $33.1 million investment starting at 12 Defence Family Health Care Clinics, with a focus on remote bases locations and major regional centres. What a fantastic promise—brilliant! Families of those who lay their lives on the line for the sake of national security will be allowed to access the same healthcare services as the rest of us. If I did not know you were full of such empty promises, I might have been hoodwinked into voting for you myself. 10000 Bird, Sharon (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Ms S Bird)—While I appreciate the passion in the member’s comments, he needs to direct his comments through the chair. DYN Jensen, Dennis, MP Dr JENSEN —Not surprisingly, the problem with this promise was that those opposite would not keep it. A cynic might suggest that they never had any intention of keeping it. By the way, where are all those laptops for the schools? Never mind, we will be here all day and all night if we query every one of the broken promises. Anyway, back to ADF families and that particular broken promise. As the members opposite are no doubt aware, they did not begin this with a $33.1 million investment, and the government did not start with 12 defence family healthcare clinics. In the current budget the government allocated $12.2 million over four years for this project. Even worse, they set aside $2.4 million for the current financial year. If they could not find the funds to keep their words last year, how are they going to manage to keep it now? Is this why the government wants carte blanche to borrow up to $200 billion? These are questions which require answers from the government, especially following reports which say that they now plan to cut defence spending by up to a billion a year, including the loss or relocation of hundreds of jobs. And news of these cuts came just a few days after the Australian Strategic Policy Institute warned against further reductions in defence spending. ‘In the event of a recession, it would make little sense to withdraw the stimulus of defence spending,’ the think tank said, adding that most defence expenditure remained within Australia. Obviously the government does not care about this. The government would rather make cuts to defence to support their wild one-off payment schemes. They would rather remove a known stimulus to the economy in favour of an unproven measure. And far from the great promise of the sort of health care that Australians can enjoy for ADF families and 12 clinics, according to reports at the time you put a cap of $300 on dental care—no pun intended there—and told the families to find their own doctors and dentists. The Minister for Defence Science and Personnel pitched in that this dramatically scaled-back program would be limited to just five locations. This was just a trial period, the government said. And last October the same minister said that this ‘trial’ would be extended to include Townsville, Darwin and Puckapunyal, but he also revealed that the government had still not made a start on implementing the program about which they had made such grand promises almost a year earlier when they made lavish, unrealistic commitments in order to get over the line in the election. Last October, adding yet another restriction to the program, the minister said, ‘The initial phase of the trial is set to commence in early 2009 for 2,700 ADF dependants.’ Well it is now early 2009, so where are the lucky 2,700 dependants who are enjoying such largesse? There are 53,000 active service personnel in the ADF, yet only 2,700 are supposedly getting help in the first stages of this project, and we do not even know if that help has yet commenced. Worse still, the minister added, ‘When the trial is expanded in late 2009, it will provide for a total of approximately 16,000 ADF dependants.’ Certainly there are a lot of young, single people in the military, but 53,000 personnel do not have only 16,000 dependants. Perhaps this reflects the same poor mathematics skills in the government that we have seen in their response to the financial crisis. There appear to be significant holes in this aspect of the bill before us, not least that it fails to specify that the dependants will get free consultations and up to $300 per annum in basic dental care, as promised by the Minister for Defence Science and Personnel. Instead, it makes provisions for regulations to be made to the ADF for medical and dental care of a member, a cadet or a member of the family of an ADF member. In the absence of such detail in the bill, presumably we are being asked to pass legislation which then will be subject to interpretation and implementation by the ADF. Why are we getting no details here? Section 58A of the Defence Act defines a ‘member’ as including someone who has actually ceased being an active service member and even includes them if they are no longer an active service member because they are dead. Likewise, a ‘cadet’ includes officers, instructors and cadets in the Australian Army Cadets, again, even if they are no longer active because they have died or for any other reason. The act says that a ‘member of the family’ includes but is not limited to people who are a member of the same household and a dependant of ADF personnel. This applies to both ‘members’ and ‘cadets’. The key phrase here is ‘included but not limited to’. In the absence of detail in the bill, this could open the door to all sorts of possible claims for health care under the program. Furthermore, section 4 of the Defence Act defines a ‘member’ as including ‘any officer, sailor, soldier and airman’, so it is not clear in this bill whether reservists are also to be included in the provision of health care to dependants. The reservists themselves are already entitled to ADF health care because it is an operational requirement that they be maintained in fitness so they are always ready for duty. So here we have an element of the bill which not only shows up the government for failing to meet a key election promise to tens of thousands of families but also is so full of holes that, if it were a school assignment, it would surely be returned to the student with an instruction to do it again. The men and women of the ADF and their families deserve better than such shoddy conduct from the political leaders who ultimately control their lives. You ought to be ashamed. If this is indicative of the levels of skill and intelligence on the benches opposite, it is a wonder they could find their own way to their own seats, or perhaps it is simply that they do not care. Maybe that is why they are pressing ahead with defence acquisitions which not only increase the risk to the lives of front-line personnel but jeopardise the nation’s very sovereignty. Let us take the purchase of Joint Strike Fighters—a multibillion dollar plan which would become Australia’s biggest single military order ever. Air combat experts around the world have raised grave concerns about the capability of this aircraft in general and many have reservations specifically about its capacity to meet Australia’s unique needs. Nevertheless, the top bureaucrats at Defence have been dazzled by the showmanship of JSF manufacturer Lockheed Martin’s sales team and appear to have convinced the government it is the right choice for Australia. This is despite the US openly admitting that foreign powers such as Australia will only get a second-rate version of the JSF, with Washington demanding only America get the best model. The problem is in the insular offices of this city where sales hype seems to have become indistinguishable from reality, and where the talk is of ‘magical’ powers in the JSF—and I am serious, they really do use the word ‘magic’—rather than talk about the practical and very real considerations of defending Australia and Australia’s interests. This ‘magic’ was related by Tom Burbage, Executive Vice President of Lockheed Martin Aeronautics, in Avionics magazine. When asked what was ‘magic’ about the JSF, he responded, ‘There is a lot of magic.’ Asked why Australia is not purchasing a better plane—and who would not want the best when it comes to defending our nation—supporters of the JSF will come back with two excuses. First, they will say that the F22—in this case—is too expensive. Well, the difference in price between the JSF and the F22 appears to be narrowing by the day, largely because of skyrocketing estimates of the JSF’s price tag. If the government would stop panicking and throwing money at every movement in the economy, this margin could easily be covered, especially when you consider the next fighter jet acquisition will be expected to see us through to the middle of this century. Secondly, the claim is that the US has banned sales of the F22. That is not quite right. Congress did order that no funds be spent on marketing that aircraft—the so-called Obey amendment. So the ban is technically on trying to sell it, not on the sales transactions themselves. In addition, given our extremely close defence relationship with the US—and that relationship can only be expected to become closer in the future—we should expect the government to make strenuous representations to our key ally that we be given access to the best of military hardware. Why buy mutton when you can buy lamb? This brings me to the third and final element of the bill before us, which is intended to further safeguard the security of the Joint Defence Facility at Pine Gap. Leftist blowhards—who no doubt vote for members opposite, apparently in the knowledge that they share the same disregard for national security—have long been critical of Pine Gap, without even knowing exactly what work is done there. Few do know, and that is as it should be. Successive governments on both sides have been satisfied that it is worth while, and that it is necessary to maintain tight security. We must accept those assurances. What we do know is that it is a key element in our defence relationship with the US, providing valuable intelligence to both parties, and that both enjoy a strategic advantage through its continued operation. Under the Howard government in 2007, the then defence minister, Brendan Nelson, eloquently explained the reasons for maintaining the Pine Gap joint defence arrangement. He stressed the value of the project to our national security and that Australian personnel had full knowledge of all activities at the facility. He said: The intelligence collected at Pine Gap meets critical requirements of both our nations, providing us with information on priority intelligence targets such as terrorism, the proliferation of weapons of mass destruction, and military and weapons developments. As such, Pine Gap must certainly remain a secure facility, including against protestors, who, while free to express their opposition, must also be subject to laws protecting national security installations, whether those installations are joint facilities or solely ADF projects. This is beyond dispute. It is just a shame that the government appears to have so little interest—or is it even an active disinterest?—in defence matters. National security should be a priority—in fact it must be the foremost priority—for any government. Without national security, all the flawed healthcare programs, all the missing laptops for schools and all the pork-barrelling, one-off payments will amount to nought. The members opposite should reflect on this as they continue to talk down markets and plunge Australia deeper into ever-more-pointless debt. 10000 Bird, Sharon (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Ms S Bird)—I would take this opportunity to remind members to avoid the use of ‘you’ in their speeches as it is a reflection on the chair. 764 18:19:00 Neumann, Shayne, MP HVO Blair ALP 1 0 Mr NEUMANN —I speak in support of the Defence Legislation (Miscellaneous Amendments) Bill 2008. As a number of speakers have mentioned during the debate, the bill has three purposes, the first being changes to the symbolism that we accept and which is internationally recognised—and this relates to the Geneva Conventions Act 1957 and the Criminal Code Act 1995—to include the third protocol to the Geneva conventions, which formally recognised the red crystal as a tripartite emblem of the international Red Cross. The red crystal is a very distinctive symbol. It looks more like a diamond to me, but it is called a crystal, and it has been recognised alongside the red cross and the red crescent. On 8 March 2006 Australia signed the third protocol, which came into force on 14 January 2007. The second aspect of the bill relates to changes to the Defence Act 1903 in relation to dealing with pharmaceuticals by Australian Defence Force medical staff. The third deals with changes in relation to the Defence (Special Undertakings) Act 1952 to make certain that the Pine Gap facility is properly protected against unauthorised access—and that relates to a decision made by the Northern Territory Court of Criminal Appeal in the case of The Queen v Law and others in 2008. There are deficiencies. We can look at the legislation, and it was a very clever argument put by the QC representing the defendants in that case in relation to a very technical aspect of the law. There are legislative deficiencies which were shown up in that case against the four Christian pacifists arising from their actions in 2005. The first aspect of the bill relates to the red crystal. I think just about any adult in Australia, and even children, would recognise the red cross emblem, and even the red crescent emblem, which is so recognised across the Muslim world. They are universally recognised and can be found in humanitarian and medical crises, in places of war and conflict—on buildings, on unarmed personnel vehicles, on the sleeves of medical staff and in all kinds of places. There is universal agreement that people using these emblems are to be protected because—as so many people have said today—they express our common humanity and care for the sick, the frail, the aged and those who are in need. The red cross emblem dates back to 1863 internationally. It was recognised following warfare in Italy in 1859. In Australia it dates back to World War I and the first days after the declaration of war. There is some conjecture about what the red cross actually means. It is usually accepted that it is the inverse of the Swiss flag. But it is a recognised symbol and people jealously guard it, as an almost religious icon. That is the problem, because the red cross, for those of the Christian faith, has a connotation. The cross is worn by Christians throughout the world, around their necks, and the cross is held dear in the Christian faith. It has that religious connotation. It is the same with the red crescent in the Muslim world. The red crescent was first recognised during military conflict between Russia and Turkey in the 1870s, but it was officially recognised in 1929 and adopted by Islamic nations worldwide. The red crystal is really the compromise. Ian Piper of the International Red Cross and Red Crescent Movement has said, regarding the red crystal: ‘It was not an easy birth.’ That is right. Achieving consensus was a very difficult process—long and laborious. Finally the third protocol was achieved, but only by a majority, on 8 December 2005. The decision to add the red crescent in 1929 did not prove to be the final chapter. As Ian Piper said, it did not prove to be definitive. Using the symbol of the Islamic world, the crescent, and the symbol of the Christian world, the cross, did have connotations, particularly in places where animism or Judaism were prevalent. We recognise that there is a dominant religious belief in our country, as there is in many Middle Eastern countries. Even though we are a multicultural and pluralistic society, there is a recognition throughout our country of our Christian heritage. It is reflected in the great work that the churches do. As the Prime Minister eloquently put it today, we see at this particular moment the great work that the churches do in times of crisis and difficulty. We are seeing it in Victoria and in Queensland—along with the work of the Red Cross, of course. Coming up with a symbol which is different was very important. Israel’s own relief society, Magen David Adom, is a really wonderful organisation, which serves the same purpose as the Red Cross in Australia, but the red star of David has some really significant connotations for those in the Muslim world. Even though the red star was adopted in the 1930s, before the birth of the state of Israel, it is almost understandable that the Islamic world would have some problems with it. So the red crystal is a compromise achieved after decades of controversy. Even after the Palestinian red crescent and the Israeli red star of David were recognised internationally in 2006, that really was not the end of it, and a neutral symbol was important to achieve. As I said, only two-thirds of the 192 signatories to the Geneva conventions supported the red crystal in December 2005. It is possible now for countries in conflicts in Africa where Christianity and Islam are not prevalent to use that symbol as well. I think there will be a universal recognition of the red crystal not only across Africa but also in countries elsewhere. I want to take this time to applaud the Red Cross for their wonderful work. When I was a boy living in Ipswich, my parents’ house was eight foot underneath the water in 1974. We lost almost everything. The Army were terrific in those days in Ipswich. South-East Queensland was devastated by Cyclone Wanda. As it came in from the north, a lot of Brisbane and Ipswich were under flood. Those who lived through that time will remember with a great deal of appreciation not just the work of the Army—who saved what little remained of my parents’ furniture—but also the work done by the Red Cross, who came round with such tremendous compassion to care for the people in my area. I will always be thankful personally to the Red Cross for what they did. I want to pay tribute to what the Red Cross are doing at the moment, particularly in Victoria. According to the website, as at 3 pm on 10 February, they had raised, in the Victorian bushfire appeal, $25.7 million from over 139,000 website and phone donations, with the federal and state governments additionally pledging sums of money. And the donations keep pouring in as the Australian people open their hearts. The Red Cross, which is the subject of this bill, along with the red crystal, has done tremendous work in this country. I urge all Australians, particularly in my electorate of Blair, to donate to the Victorian bushfire appeal as well as to the work done by the Red Cross in North Queensland. I come from South-East Queensland, but we feel it, because Queenslanders across our state are prone to experiencing floods. So the work done by the Red Cross is highly valued, as is the work done by the Salvos, Anglicare and a whole host of other community organisations which show great humanitarian spirit. We thank them for the wonderful work that they do in our community. It is not the time to make highly political speeches. I feel inclined to do so in responding to what the member for Tangney had to say, but I will let it pass through to the keeper, as they say in cricket, and deal with the second aspect of the bill. The member for Tangney made some quite amazing statements in relation to the second aspect of the bill. In the provision of medical and dental care for defence families, the Rudd government has not only done what it announced in the budget but also gone beyond that in terms of the pilot programs for the health and welfare of defence families. That is more than was done by the coalition during their nearly 12 years in office. The second aspect of this bill will amend section 124 of the Defence Act 1903, ensuring regulations can be made to cover the provision of medical and dental treatment, including pharmaceuticals, to an Australian Defence Force member or cadet or a member of the family of an ADF member. Currently the regulations relate only to members of the ADF to ensure their health for the purpose of discharging their military duties and relating to cost recovery. I want to praise the military personnel of Blair in Queensland. We have the biggest military base in the country at RAAF Amberley. I was privileged last year to serve in the ADF parliamentary program and to experience first hand the wonderful competency, effectiveness and commitment of the people of the ADF, particularly at the RAAF base at Amberley. This government is pouring $1.1 billion into the expansion of that base, and there will be a greater need to provide medical treatment not just for the Defence personnel serving there but also for their families. About 80,000 people cross state borders each year to live in other areas, and getting access to GPs and dentists is a very difficult process. I have talked to many defence personnel in my area and this is an ongoing problem. We have a shortage of doctors in my area. We have one GP for 1,609 people across the Ipswich and West Moreton area. The Rudd Labor government is making a big effort to increase the number of GP training places and is making great strides to ensure that we have more allied health professionals and nursing staff in my area. I applaud the commitment to a GP Superclinic in my area, which the Minister for Health and Ageing made when she was the shadow minister. I know that a number of stakeholders are interested and I know that a number of military personnel and their families will avail themselves of those services in my area. The third aspect of this bill relates to the Defence (Special Undertakings) Act 1952 to include specific provisions for the joint facility at Pine Gap. In the 1960s Pine Gap, which is located about 20 kilometres from Alice Springs, was established. It plays an important role in the security of our nation and of our allies. Part of the Labor Party’s platform is its commitment to Pine Gap. We say in chapter 14 of our national platform—a platform that I have voted for on a number of occasions as a national conference delegate—that we believe the Pine Gap joint facility makes an important contribution to our alliance with our most important ally, the United States of America. We require that this facility continue to be managed and operated on a joint basis, as it is, and only with the Australian government’s full knowledge of and concurrence with the facility’s activities. We have said that we will ensure the operations of the joint facility are consistent with our national security, disarmament and non-proliferation objectives. It is our constitutional requirement that the Australian government provide not just for the welfare of our people but for their security, and that we are doing. Our national platform says that Labor requires the facility at Pine Gap to continue to be managed and operated as a joint Australian-US facility within the full knowledge and concurrence arrangements to ensure the protection of Australian sovereignty. There are three aspects to our national security that we hold dear in the Labor Party and in the Rudd Labor government. They are, firstly, our alliance with the United States of America, which the Curtin Labor government turned to in the darkest days of World War II, a full 10 years before the ANZUS treaty was signed by the conservative government subsequent to the Chifley Labor government. The second aspect is our constructive engagement with Asia, and we have been taking great strides to improve our relationship there. The Rudd Labor government has a good relationship with many Asian countries—historically, Labor governments have. The third aspect of our national security is our membership of the United Nations. We strongly believe that the United Nations plays a vital role in our national security. We are a middle power and we must play our part in relieving poverty and helping other countries in our region in a quasi good Samaritan way. But we must also play a constructive role in terms of national and international security. This particular legislative amendment arises out of a particular criminal case concerning a number of self-styled Christian pacifists who sought to advance the proposition that the Pine Gap facility was not a prohibited area on the basis that it was primarily used for the purposes of aggression rather than defence. Therefore, the continuation of the ministerial declaration was not necessary for defence purposes. I really cannot understand how they can argue that. The judge, at first instance, ruled the evidence concerning that was inadmissible. But, on appeal, their very clever counsel managed to convince the Northern Territory Court of Criminal Appeal that they were deprived of a possible defence in the circumstances and Law and others had their convictions overturned in February 2008. We believe that, in our kind of democracy, it is appropriate for people to protest. They are entitled to turn out on election day and overturn governments—replace them. We believe that they are entitled to write letters to the editor, that they are entitled to protest on the streets lawfully and to engage in all manner of civil disobedience, if I can put it like that. But to threaten the security of this country, to engage in illegal protests, simply on the basis that they are anti the United States, anti nuclear or have green, left-style credentials and want to protest like that is simply unacceptable to the average Australian. It is certainly unacceptable to my electors and unacceptable to the Rudd Labor government. We need to protect Pine Gap. As the Minister for Defence said in his second reading speech, ‘Pine Gap has the function of collecting intelligence which is sensitive.’ In relation to what goes on at Pine Gap, he said that it: … could threaten their effectiveness and thereby diminish their contribution to national security. It is therefore important that the Joint Defence Facility Pine Gap is protected with effective legislation to deter unauthorised access to the facility. The amendments in this particular bill will ensure that Pine Gap is a special defence undertaking and prohibited area for the purposes of the act. So the very clever argument put by counsel for the defendants in the Queen v Law & Ors would be unsuccessful. This bill serves a very good purpose for the protection and security of our country. It is a great initiative of the Rudd Labor government in terms of the security of our country, and I commend the bill to the House. 768 18:39:00 Simpkins, Luke, MP HWE Cowan LP 0 0 Mr SIMPKINS —As a former member of the Australian Regular Army and a serviceman for 15 years, I appreciate the opportunity to speak on the detail of the Defence Legislation (Miscellaneous Amendments) Bill 2008. Most of my comments will be on the schedule 2 provisions. I speak in support of the view that the government’s election commitment, as embodied within this bill, to provide free medical and dental care to ADF families should be examined in detail by a committee. This bill will have the effect of amending section 124 of the Defence Act 1903, allowing regulations that will allow for the provision of medical, dental and pharmaceutical support to family members of an ADF member. That sounds fine, and I am sure it sounded great to those RAAF families at Tindal, those Navy families at Cerberus and maybe even those Army families out in Oakey and Palmerston, near Darwin. Having never been posted to any of those locations, I would not be sure of the number of GPs which families can access, but it is easy to accept that seeing a doctor or a dentist in those locations is far more challenging than it is in our capital cities or, for that matter, the remote centres within this country. The com-mitment made by Labor is clearly stated in its election policy, and I quote: A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. That seems clear enough. Over a period of time, every dependent spouse and child will get free health care—and I emphasise ‘every one of them’ will get free health care. I will move on to the next sentence of that policy: Labor will begin this with a $33.1 million investment starting at 12 Defence Family Health Care Clinics, with a focus on remote bases locations and major regional centres. Again, that is very clear. The first clinics will be established, using $33.1 million, and will be across remote bases and even into major regional centres. Do you know what I, as a former Army officer, liked about this policy? The announced policy would lighten the financial burden on defence families in these non-capital city postings. You have to remember that it is far easier for a spouse to find employment in Brisbane than in Oakey, in Darwin rather than in Katherine, and in Sydney rather than Singleton. Paying for medical and dental treatment with just one income means a higher burden, and that is directly resulting from one’s service to this country. Local, non-defence people in these remote bases, locations and even regional centres would also benefit from a reduced level of competition for the available GP appointments. To my way of thinking, this would be good for both defence families and non-defence families in these sorts of areas. In fact, my friends who still serve in uniform would benefit and, at the start of 2008, I looked forward to the allocation of $33.1 million to establish these 12 defence family healthcare clinics. I wanted to see that money and I wanted to know which bases and places would be supported under this 12-clinic plan. I also hoped to see further plans of when my friends in capital cities would begin to benefit from the promise of ‘progressively extended’ free health care. This bill, like so very many before it, is another example of where a policy promised and possibly voted for does not measure up with the detail in the bill placed before this House. I do not know what the reason is behind this significant shortfall. Is it too expensive for the government to do exactly as it said it would or is it just about show and image? Is it too hard for the government to achieve what it said it would? Has the Department of Defence maybe said that it was a bad idea or that it could not be done? I do not know. It probably does not even matter, but what matters is getting a promised policy implemented: $33.1 million to roll out 12 clinics. To me, that sounds like a black-and-white commitment. It is the minimum requirement, but I will take this opportunity to remind the government what defence families heard when it said ‘free health care’. There may be a lot of hiding by this Rudd government behind fine-print statements, such as $300-worth of treatment but, when you say ‘free health care’ to a defence family, they immediately think of the same level of health care that their ADF member gets. So is the government ready for flu shots and the full range of inoculations for every member of the family? And what about when Warrant Officer Smith’s son needs physio after a football injury at Lavarack Barracks? What about dental care such as braces or fillings? What about all of those things? Free health care in the ADF is a very comprehensive concept and defence families are not ignorant or stupid people. I wonder whether the government has finally realised that what looked good in a media release and clearly received no scrutiny from an adoring media fan club may be unravelling just a little. I will come back to three colossal disconnects: what was said, what was heard and what will be delivered. To emphasise the scale of the shortfall, I refer to the Albury-Wodonga contract for health care to serving ADF members. It is my understanding that the contract is worth $27 million over four years, averaging out for the 900 personnel to around $7,500 each over that time. It would seem that even if $33.1 million were provided for free health care that amount would not even look after the families of ADF members of the defence facilities around Albury and Wodonga. I would invite government members to do as we have done on this side: think of that defence base in or near your electorate, think about the married quarters and the private rentals leased by ADF families, think about the partner and the two or three children that are so common in ADF families and then multiply that number by $7,500 over four years, and you start to see the figures that will provide a meaningful amount for what defence families expect from this policy. In looking into this bill, I would also like to raise the circumstances of reserve soldiers. Within Perth we have most elements of the headquarters and units of the 13th Brigade. Not far from the electorate of Cowan—in Joondalup, in the electorate of Moore—is D Company of the 16th Battalion, Royal Western Australian Regiment. I know that 16th Battalion has deployed soldiers to the Solomon Islands as part of the company group. For six months they are serving as full-time servicemen. With regard to this bill, it would appear that the families of reservists will not be able to access this health care, but it should be clarified that those who serve on full-time service should have their families looked after. I raise that matter on behalf of the soldiers posted to the 13th Brigade. I also take this opportunity to make mention of the regard that I have—and, we hope, that all members of this place have—for the reservists within the three services. In Perth, the 13th Brigade consists of the brigade headquarters, the 16th, the 11th/28th Battalions of Light Infantry, the 13th Combat Services Support Battalion, the famous A Squadron of the 10th Light Horse Regiment, the 7th Field Battery of Artillery, the 13th Field Squadron of Engineers and 109 Signals Squadron. Within the formation, and particularly in its units, are reservists, many of whom have served over many years, giving up their holidays and weekends to fulfil their passion—a passion for service of this country in uniform. It is hard to believe that these men and women have time in their lives for anything else apart from their normal jobs and their service commitments as reservists. I pay tribute to their dedicated service to this country, and I believe it is not too much to ask that, when they serve overseas, their families be included in the scope of the policy that the government has put forward but that is not reflected in what is before the House. Before returning to the bill in detail, I would also like to acknowledge the contribution of Major John Caporn, a long-serving member of the reserve and the 13th Brigade. I understand that in 2008 he celebrated 40 years of service—outstanding service. I know that not just the reservists but the whole Army is rightly proud of such an example of dedication. I note that the bill also deals with the provision of health care to cadets, although this point is in need of further clarification. I can make the assumption that we are talking about the cadets of the three services as opposed to the staff cadets of Duntroon or the officer cadets of the Australian Defence Force Academy. The clarification of which I speak is that, while cadets are participating in camps sponsored on ADF bases, health care would be provided similar to that provided with the continuous service undertaken by reservists on annual camps. However, does health care get provided to officers or instructors of cadets or their families under these sorts of circumstances? That is the question. Of course, the minister would be aware that most defence families have placed their private health insurance needs in the hands of the health insurance companies Defence Health or Navy Health. Will the families still need to maintain their health cover? How will this work under the policy that the government has put forward but that, again, is not fully reflected in this bill? Similarly, can we assume that defence families will not have to pay a Medicare contribution? There remain a lot of questions that need to be answered about how this policy and, in fact, this bill will deliver on the expectations created by the government. I believe that this bill—this policy—will provide great problems for the government. The term ‘free health care’ carries with it the expectation of an equivalent standard of care to that provided to ADF members. I cannot see anything like that in this legislation, yet the policy said free health care, beginning with 12 clinics. I cannot even see that. The question remains: when will we see this government’s stated policy enacted in full and in accordance with the expectations of defence families—those expectations so clearly set by the Labor Party during the election campaign? I have dealt with the changes put forward by the government for the Defence (Special Undertakings) Act 1952 and its regulations. I will now turn to the proposed amendments for the Geneva Conventions Act 1957 and the Criminal Code Act 1995, being amendments put forward to incorporate a third universal emblem, with the red crystal to join the red cross and the red crescent. If you examine the history of symbols of protection, you would be aware that, from the time the red cross was officially approved in 1863 in Geneva—the red crescent began being used around 1877 and was approved in 1929—a number of different symbols have been put forward. Generally, and despite differing religious faiths, most nations have adopted either the cross or the crescent. These symbols are authorised for use for facilities for the care of injured and sick armed forces members; for use by armed forces medical personnel and equipment; for use by military chaplains; and for use by international Red Cross and Red Crescent movements such as the International Committee of the Red Cross—ICRC—the International Federation of Red Cross and Red Crescent Societies—IFRC—and the 185 national Red Cross and Red Crescent societies. The need for the red crystal has been generated over a number of years and addresses the needs of nations such as Israel that have not been able to adopt either of the two previously recognised symbols, which have perceived residual religious connotations. The need for the legislative changes embodied in this bill before the House originated with the signing on 8 March 2006 of the additional protocol to the Geneva convention of 12 August 1949. In conclusion, we embrace the need to make the amendments to recognise the red crystal symbol. With regard to the amendments that impact on looking after Defence families, I reiterate that great expectations have been built by the Labor Party, now this federal government. What the government said and what Defence families heard is vastly different to what has been presented to this House. I would suggest to the government that they stop playing around in this area. This is not a matter of semantics. This is a matter of raised expectations that are not being delivered. I suggest to the government that they reflect on what they are doing and get on with delivering exactly what was promised. 772 18:52:00 Marles, Richard, MP HWQ Corio ALP 1 0 Mr MARLES —I rise to speak in support of the Defence Legislation (Miscellaneous Amendments) Bill 2008, which is a bill that will, in three parts, amend the Geneva Conventions Act 1957, the Criminal Code Act 1995, the Defence Act 1903 and, finally, the Defence (Special Undertakings) Act 1952. The first part of the legislative package which is contained in this bill puts into legislative effect the protocol additional to the Geneva conventions of 12 August 1949 relating to the adoption of an additional distinctive emblem for the Red Cross and Red Crescent Movement, otherwise known as protocol III. Australia signed up to protocol III on 8 March 2006 and it entered international force on 14 January 2007. Protocol III was placed before this parliament on 9 May 2007 and the Joint Standing Committee on Treaties considered it and reported on it on 16 August 2007, recommending the adoption of protocol III, leading to the bill that we have before the House today which gives legislative effect to protocol III. The International Red Cross and Red Crescent Movement is a movement that we are all aware of which seeks to protect human life and health and to alleviate human suffering. It does so without discrimination based on nationality, race, religious beliefs, class or political opinions. One of the issues, however, in stating that non-discriminatory basis of the assistance which is provided by the Red Cross and Red Crescent Movement is that the symbols—namely, a cross and a crescent—are perceived by many to have religious overtones. The symbols are, of course, very important in marking hospitals and facilities in which activities are undertaken in accordance with the Geneva conventions and which are undertaken by this international movement. The situation is that in Israel, for example, Magen David Adom, the national emergency, medical, disaster, ambulance and blood bank agency of Israel, has had difficulties in becoming a part of the International Red Cross and Red Crescent Movement because it adopts the use of a different symbol, namely, the red shield of David. So there is a need for this international movement to have a different symbol, one which has no religious connotations at all, so that organisations such as the MDA, which have precisely the same kinds of humanitarian aims and objectives, can become a part of this international movement. With that in mind, a different symbol has been added to the list of the Red Cross and Red Crescent Movement, namely, the red crystal, a symbol which has no religious connotations at all. Indeed, if you go to the website of the International Red Cross and Red Crescent Movement, you will see that they have now, in accordance with protocol III, placed this third emblem on their website, namely, the red crystal. What this legislation does is protect the red crystal in precisely the same way as our law currently protects the symbol of the red cross and the red crescent, including providing for offences related to the misuse or inappropriate use of the red crystal, such offences also applying currently to the misuse or inappropriate use of the red cross or the red crescent. Talking about this legislation does afford the opportunity to briefly reflect upon the work of the Red Cross and Red Crescent Movement, particularly at this moment in time. The Red Cross and Red Crescent Movement was founded by Henry Dunant, a Swiss businessman who, when visiting the emperor of France, Napoleon III, in 1859, happened upon him at the Battle of Solferino—a battle between France and Austria. The experience of witnessing it so moved him that he wrote a book entitled A Memory of Solferino, which was published in 1862. That became the inspiration for the establishment of committees which ultimately became the international Red Cross, and they were established by Henry Dunant. Those committees were devoted to providing humanitarian assistance to those affected by war. Henry Dunant had an up-and-down life after that, but he was accorded a very rare honour by being the first recipient—a joint recipient, but the very first recipient—of the Nobel Peace Prize in 1901 for his work in establishing the International Red Cross Movement. Since then, the International Red Cross and Red Crescent Movement has been one of the most important international humanitarian movements that we have, providing assistance to those affected by war but also now providing assistance to those who have been affected by natural disasters. In Australia, the Australian Red Cross is the organisation in Australia which forms part of the International Red Cross and Red Crescent Movement. It was founded nine days after the commencement of the First World War by Lady Helen Munro-Ferguson, who was the wife of the then Governor-General. The Australian Red Cross has been very active in both world wars and in a range of natural disasters which have affected this country—most notably, of course, the disaster which has so affected this country in the last week, the Victorian bushfires. Indeed, all of us are aware of how important their work is, with the wonderful relief efforts that they have undertaken in the Victorian bushfires. I think all of us are particularly aware of the Red Cross now. Many of us will have dialled their number and many of us will have visited their website in order to make a donation as they are coordinating the Victorian Bushfire Appeal. For the record, people can visit that website at www.redcross.org.au. The first part of the legislative package is an important element in increasing the breadth of the International Red Cross and Red Crescent Movement so that this non-religious symbol of the red crystal can be used by those organisations which seek to use it. The second part of the legislative package relates to putting in place the legislative underpinning of a commitment made in the May budget last year, and this involves an amendment to the Defence Act 1903. The commitment that was made in the May budget was of $12.2 million towards a trial for providing GP facilities and certain dental care facilities to the families of ADF personnel at Singleton, Katherine, East Sale, Cairns and Karratha. When ADF personnel are engaged in remote areas, moving from what has previously been their home is often a sacrifice for their families. One of the difficulties that is faced is obtaining medical assistance and medical care, and so a policy was taken to the last election to provide for that. What is in the budget of last year is a trial in relation to those five sites, but it is ultimately with a view to establishing this program for the families of all ADF personnel who are currently in receipt of free health care. This amendment to the Defence Act will provide for the regulations which will allow this commitment to occur. The final part of this legislative package is an amendment to the Defence (Special Undertakings) Act 1952 which will provide for the better safety of the Joint Defence Facility at Pine Gap. In May 2007 a protest occurred at Pine Gap. There have been numerous protests over the years but the protest at Pine Gap in May 2007 resulted in a number of protesters unlawfully entering the grounds in an act of trespass. Those protesters were prosecuted but, in the course of the proceedings for those prosecutions, queries were raised about the legislative ability of the act to provide the basis for a successful prosecution. So this bill seeks to amend the act to make it clear that the Defence (Special Undertakings) Act will be a proper basis for the prosecution of a person unlawfully entering the Joint Defence Facility at Pine Gap. It does that by expanding the constitutional basis of the act. This is important protection for the base. Pine Gap is a facility that was built in 1967. Its activities are confidential but in broad terms they involve the collection of intelligence by technical means as well as providing ballistic missile early warning information. It is a joint facility between the American and the Australian governments and, whilst its activities are confidential, full knowledge and concurrence in all the activities which occur at Pine Gap on the part of those Australians who are working at Pine Gap as well as the Australian government is the basis upon which activities are undertaken. That is a very important principle of operation at Pine Gap because it establishes the sovereignty of our country in that facility, something that has often been questioned by those protesting about the facility. The Pine Gap facility contributes greatly to global peace and security through the intelligence gathering at the facility and through the early warning of ballistic missile launches that it provides. It is key to US-Australian military cooperation, a cooperative relationship which unquestionably assists the United States but which is also of enormous benefit to the Australian military in being able to work closely with and, at times, within the US defence forces. It is a very important relationship and forms a key part of the US-Australian alliance. The US-Australian alliance is often formally dated to the commencement of the ANZUS treaty in 1951 or perhaps even earlier, to the famous article of Prime Minister John Curtin in his New Year’s message which was published on 27 December 1941, when he described Australia as looking to America in the context of the Second World War. Without question the prosecution of the Pacific theatre of the Second World War, with Douglas MacArthur being based in this country and the close personal relationship between MacArthur and Curtin, which in turn fostered a relationship between the Australian and American governments, was ultimately the basis for the US-Australian alliance. We share key values with the United States of America: a love of human rights, a value of freedom, a system of democracy. The United States is our major economic partner and we are both engaged in a shared sphere of influence in the world, namely the Pacific. That is evidenced through the shared role that we both played during the Pacific theatre of the Second World War. There is no more important bilateral relationship that this country has than the one that it has with the United States of America. That relationship is a pillar in our foreign policy. Pine Gap is an intrinsic part of that relationship and providing for the security of that base is a very important obligation that our nation has. This bill will enhance our ability to provide security for the base and for those reasons I commend it to the House. 775 19:06:00 Gash, Joanna, MP AK6 Gilmore LP 0 0 Mrs GASH —The Defence Legislation (Miscellaneous Amendments) Bill 2008 contains three elements and I will speak briefly on the first and last before my main area of interest—that is, the enhanced medical and dental benefits promised to our Defence Force members and their families by the current government in the course of their election campaign in 2007. The first issue is in relation to the adoption of the emblem described as the red crystal and sometimes referred to as the third Protocol emblem, pursuant to the protocol III amendment to the Geneva conventions. I understand that 28 countries have so far agreed to ratify the convention, but I am open to correction as to an up-to-date number. Nevertheless, the amendment which this bill asks us to ratify for Australia demonstrates a gradual evolution from identifying organisations based on specific cultural or religious origins. The International Red Cross and Red Crescent Movement uses symbols that reflect religious backgrounds, being a red cross to symbolise the Western world and a red crescent to symbolise the Muslim world. There is no denying that this distinction is causing some difficulties on the international stage, despite the fact that both elements of the organisation work towards the same end. My research indicates that there was an attempt to introduce a red shield of David that would represent Israel’s humanitarian organisation, but that did not succeed. As an initiative to neutralise these differences so that energies can be focused on the task at hand, the adoption of a universally accepted symbol is a positive move. It allows a third option to be adopted—that is, the symbol of the red crystal. I applaud the convention because it does not seek to overturn the use of either of the existing symbols, which some countries may prefer to continue to use. Without entering into a contentious debate over religious icons, I just say that I support this initiative unreservedly and will move on to the last provision of the bill. I think the critical function that the Pine Gap joint facility plays in Australia’s defence structure is self-evident. Since its establishment some 40 years ago, it has sometimes been the focus of groups protesting various military activities related to the United States. That has certainly created some law and order issues, which have led to some legal challenges for the authorities. The provisions in the bill clarify the legal status of the facility and should assist in addressing any grey areas in terms of future legal challenges to its existence. Again, I support the provision. I now move on to the core of my interest in this bill—that is, Labor’s 2007 election promise of free medical and dental care for ADF families. It is worth while repeating their promise. This is what they said prior to 10 November 2007: ADF families can face significant difficulties obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Posting to a remote location can mean that ADF families struggle to access the sort of health care that Australians enjoy. A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. Labor will begin this with a $33.1 million investment starting at 12 Defence Family Health Care Clinics, with a focus on remote bases locations and major regional centres. It cannot get any clearer than that. Moving now to the 2008 budget, Labor’s first budget, what do we find? Their absolute promise was downgraded to a trial—so all bets are off. Instead of $33.1 million to give life to their core promise, the promise morphed into $12.2 million over four years to trial the concept. This is tantamount to a breach of fair trading legislation, which outlaws the practice of advertising non-existent bargains. When you go to get the bargain, they have suddenly just sold out and say, ‘How about this other great deal?’ The question needs to be asked: what on earth possessed you to make such a core promise when it is clear you had no idea what was involved? If you were so certain that you could state the promise in unequivocal terms then what has happened since? I well remember the Labor candidate for Gilmore making his one and only promise for Gilmore, and that was the free medical and dental services for our Defence Force personnel and families at HMAS Albatross. He made no other undertaking during the campaign, and banking all your chances on a single promise can hardly be described as a challenge. However, there being only one issue for Gilmore does not say much for the importance of the residents of Gilmore to the Labor Party—just one promise, and even that could not be met. I think this broken promise is a serious breach of faith and trust with the members of our defence forces and their families. To rub salt into the wound, the government now wants to cut defence jobs. Where is their credibility as far as supporting our troops is concerned? Nevertheless, I am compelled to support this bill—not that I agree with it, but at least something is better than nothing. In these uncertain times, our defence forces are our best insurance policy in protecting Australia’s sovereignty. We just deployed a contingent to assist in the Victorian bushfire tragedy, as we have done in countless civilian emergencies in the past. Yet what we are seeing here is the government turning their backs on our defence forces with a broken promise. They want to cut back on spending, and that will certainly have an impact on my electorate, not only for defence personnel but also for all the civvy jobs that are reliant on defence. Labor’s now broken election promise acknowledged: ADF families can face significant difficulties obtaining access to general medical and dental care for dependents, especially in regional and remote localities. After that admission, why break your promise? The situation has not changed, and it is not the case that since that promise was made pre-November 2007 somehow ADF families no longer face significant difficulties. Gilmore is a garrison town and we are very proud of our defence men and women. HMAS Albatross is essential to our economic wellbeing. Our men and women are still serving in remote locations and Labor promised a free medical and dental service. The need still exists and that promise must hold. Labor must now explain why they have broken their promise. This breach brings into question Labor’s credibility in respect of their relationship with the defence forces. In Gilmore it resurrects the doubt that was created by the dissolution of the Fleet Air Arm, the civilianisation of the Defence Force under the previous Labor government and what is generally perceived as the antimilitary attitude of some in the Labor Party. I support unreservedly the adoption of the red crystal convention and the enhancement of the legislation affecting the Pine Gap joint facility, but I support with reservations the provisions of this bill that allow only a partial trial of an unequivocal promise. There remain a number of unanswered questions, such as whether these provisions apply to the reserves and whether the families of cadets are included. Can the government provide clarification on how a household will be defined? What will this do to Navy Health and other defence-only private health insurance funds that currently provide reduced health cover for ADF families? Can the government detail what model is to be used to determine dependency? There are more questions that need to be asked and we will certainly be scrutinising even more closely what Labor are actually promising and, more so, whether the government have brazenly adopted Graham Richardson’s infamous motto of ‘whatever it takes’. My final question to the government on this matter right now is: will the government provide honest and open detail of the relevant proposed regulations? 777 19:14:00 Marino, Nola, MP HWP Forrest LP 0 0 Ms MARINO —The Defence Legislation (Miscellaneous Amendments) Bill 2008 was presented to the House in December 2008 and seeks to make amendments to three separate measures. The Senate has referred this bill to the Senate Standing Committee on Foreign Affairs, Defence and Trade to conduct an inquiry into the three distinct policy measures. It is due to report on 20 February this year. The first of the three measures will amend the Geneva Conventions Act 1957 and the Criminal Code Act 1995 to implement the third protocol to the Geneva conventions in Australian legislation. The second measure will amend section 124 of the Defence Act 1903 to explicitly enable regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to an ADF member or cadet or family member of an ADF member. The third measure amends the Defence (Special Undertakings) Act 1952 to insert a provision for specific arrangements for the joint defence facility at Pine Gap to be a prohibited area. Schedule 1 of the legislation seeks to amend the third protocol of the Geneva Conventions Act 1957 to recognise the red crystal in situations where the red cross could be considered culturally inappropriate, predom-in-antly in Islamic countries. The International Red Cross and Red Crescent Movement is renowned as an international humanitarian movement with a mission to protect human life and health and to prevent and alleviate human suffering without discrimination based on nationality, race, religious beliefs, class or political opinion. Since its inception, the movement has utilised the red cross and red crescent emblems as devices to protect its medical services, but some countries have found it difficult to identify with the symbols, believing them to have religious significance or meaning. The red crystal emblem has no religious, ethnic, racial, regional or political connotations. The amendment ensures that the new emblem is used only with the consent of the Minister for Defence. The bill also amends the Criminal Code Act 1995 to ensure that the new Geneva emblem is covered by the existing offences relating to the improper use of the emblems of the Geneva conventions. The introduction of an additional neutral protection symbol has been under discussion for a number of years, and the red crystal has been the most popular proposal. This new symbol is referred to as the ‘third protocol emblem’ in additional protocol III. It entered into force internationally on 14 January 2007, and in May 2007 protocol III was tabled in parliament. It is now time to take binding treaty action to ratify the protocol. Therefore, this bill incorporates the red crystal emblem along with the existing emblems, the red cross and the red crescent, into Australian statutes. I support schedule 1 of this bill. I also want to take this opportunity to talk about some of the 115 million Red Cross volunteers, particularly those in Australia who do such a wonderful, quiet but invaluable job, as we are seeing in the Victorian bushfires. Tonight I want to focus on the Brunswick Red Cross unit in my electorate, which is the oldest unit in Western Australia having been formed in July 1915 in historic Alverstoke by members of the Clifton family. The unit now has 45 members. While many units in Western Australia are closing owing to a lack of support, especially in wheat belt towns, the Brunswick unit continues to attract members. The Brunswick Red Cross unit has a disaster committee. They are specially trained personnel on standby in an emergency situation to cover registrations and inquiries for disaster affected people and to do tracing if required. The Brunswick group assisted with the 1964 Brunswick floods, the 1979 Cyclone Alby that caused widespread devastation, and the 2002 Bali bombings, organising for clothing and blankets to be sent to Bali for survivors. The Red Cross is always on hand to provide food and assistance for firefighters during the bushfire season, and we are seeing that this week with the hands-on, selfless but vital work of the countless Red Cross volunteers in the Victorian fires. I have no doubt that countless numbers of Red Cross volunteers are working right now across the fire ravaged areas. The Brunswick volunteers are currently working as well with the community in providing information about how south-west residents can donate to the Victorian bushfire appeal. In around 1920, the Red Cross in Brunswick played a vital role in my own life. My mother was a little girl of probably between four and six when her family’s farm was razed by fire. One of the vivid memories my mother had was that, because it was wash day, everyone had only one set of clothes as all the washing was on the line. So effectively the little children had no clothing, and their house was burnt down as well. It was the Brunswick Red Cross that came to the family’s aid and provided the basic, simple things in life to allow the family to go on. The Brunswick Red Cross unit covers the shires of Harvey, Dardanup and Capel, working in conjunction with many organisations offering services during an emergency. Brunswick has several older members and other unit members make certain they are picked up for meetings and outings, because some of these ladies do not have transport, as this allows them to keep in contact and enjoy a social atmosphere away from their homes. The city of Bunbury in my electorate has a Red Cross shop, and volunteers provide a soup patrol, carer support, multiple births support, cosmetic care and Telecross. The towns of Donnybrook, Collie, Augusta and Busselton also have popular Red Cross shops. A blood bank is located in Bunbury, and the van travels to towns all over the South West. Fundraising is still a very important part of Red Cross activities, and doorknocking is coordinated in Queensland. Equally, I am sure the Red Cross units in Queensland are an integral part of the management and support of those affected by the floods. Red Cross units are continually briefed by headquarters on the international activities of the Red Cross and continually receive the latest updates when they attend regional rallies. With regard to schedule 2 in the bill, the intention is to provide a broadening of regulations to cover the provision of medical and dental treatment to an ADF member, cadet or ADF family member. Labor’s election promises were very clear, promising free medical and dental care for ADF families, stating that: A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. Labor will begin this with a $33.1 million investment starting at 12 Defence Family Health Care Clinics, with a focus on remote bases locations and major regional centres. Instead of honouring this promise to invest $33.1 million to start those 12 defence family healthcare clinics, with a focus on remote base locations and major regional centres, defence families in these limited locations are now having to source their own doctor and dentist. The commitment to provide defence healthcare clinics in Townsville and Darwin has also been scrapped, with the two defence family healthcare clinics promised at Lavarack Barracks in Townsville and Robertson Barracks in Darwin replaced by a plan in which defence families will have to access health department GP Superclinics in Darwin and Townsville. I also note that the government’s plan mentions only five of the 10 rural and remote defence locations. I can only conclude that this means it will not deliver on its promise to defence personnel in Townsville, Edinburgh, Elizabeth North, Amberley, Williamtown and Darwin. I am concerned that this bill does not provide details of proposed regulations for the entitlements for family dependants of ADF members, firstly, to be entitled to a standard consultation by a general practitioner for no charge and, secondly, to be entitled to benefits of up to $300 per dependant per annum for basic dental services as stated by the member for Lingiari in October. It is also not clear whether the nature and extent of the medical and dental treatment will be detailed in the proposed regulations or whether it will be left to the discretion of the diarchy or the individual service chiefs as is the current case with the relevant defence instructions. In the interest of transparency and accountability it would be preferable that the medical and dental care entitlements be contained in regulations which would be subject to disallowance under the Legislative Instruments Act 2003 rather than in Defence documents such as the defence instructions. The extent of medical and dental treatment, if any, available to persons other than members of the ADF and their families is also not clear. The terms ‘member of the household of the member’ and ‘a dependant of the member’ are not defined in either the Defence Act or the bill. It is therefore not clear whether the proposed medical and dental treatment could, for instance, be extended to people other than spouses and dependant children who are ‘members of the household of the member’. It would seem to rely on the extent of their dependency. It is not clear whether the member of the household of the ADF member must be totally or need only be partially dependent on the member in order to receive the proposed medical and dental care. With regard to reservists, section 4 of the Defence Act defines a member as including any officer, sailor, soldier or airman. It is not clear whether the bill intends that reserves and their families are to be included in the class of persons who will have access to the proposed medical and dental treatment. This is probably unlikely given that in section 4 and elsewhere in the Defence Act—for example, section 58B—a distinction is drawn between the terms ‘member’ and ‘member of the reserves’. The legislation amendments deal with the provision of health care to cadets. However the extent of health benefits available to cadets has not been made clear. The government must provide details of the relevant proposed regulations in relation to the free health care currently provided to ADF personnel and to ADF dependent spouses and children. I have other questions about the lack of detail and explanation—for example, are the families of cadets not currently included in the scheme going to be covered in the future? What are the ramifications for Medicare cover for ADF dependants? Will there be fringe benefits tax to family members? The bill, the EM and the second reading speech are remiss in answering the question of whether reserves and their families will be covered for medical and dental treatment. Under section 4 of the Defence Act 1903 a member includes an officer, sailor, soldier or airman, which would suggest that reserves would be covered. Are reservists and their families going to be included in the provision? And why do families receive preferential treatment over reservists? Why is free health care offered to non-ADF persons before reservists, many of whom are currently serving their country overseas? What are the cost implications of the inclusion of reservists and their families? Also the terms ‘member of the household of the member’ and ‘a dependant of the member’ are not defined. It is not clear whether the proposed medical and dental dependants could be extended. Can the government detail what the model to be used to determine dependency is? The term ‘member of the family’ includes but is not limited to a member of the household and a dependant of the ADF member or cadet. Can the government provide clarification of how a household will be defined? What will this do to Navy Health and other Defence-only private health insurance funds that currently provide reduced health cover for ADF families? ADF personnel are able to access free medicines through the pharmacies on base. Does this mean that the government’s policy will provide for free medicines to ADF families as well, and what are the cost implications of this? Labor’s election promise acknowledged that ADF families can face significant difficulties in obtaining access to general medical and dental care for dependants, especially in regional and remote localities. Now that the plan to provide ADF health clinics in these locations has been scrapped, how will the proposed trial where people must source their own GP and dentist help these families? Given that $203 million per year is spent on Defence health, Labor’s plan does not come close to delivering on their promise. Also, given the Australian Defence Force is still experiencing some recruitment challenges, this broken promise to ADF families will not assist in attracting people. Labor promised his $33.1 million investment starting with those 12 defence family healthcare clinics, with a focus on remote base locations and major regional centres. The fact is that only $12.2 million over four years is now allocated for a pilot program, and this is $20.9 million short of the election promise. This means that only $2.4 million is allocated for the 2008-09 year. We have only four to five months left out of the year. This is forced savings indeed. Labor’s plan for defence acknowledged that posting ADF personnel to remote locations may mean that those families can face significant difficulties obtaining access to general medical and dental care for dependants. I assume the government means those Australians living in metropolitan areas and not those living in regional and rural and remote areas, struggling to access the sort of health care that Australians elsewhere enjoy. I also note that the allocation of $2.4 million limits dental care to $300 per dependant and the families must source their own doctors and dentists. In the five months to 30 June I would be very interested to learn how many ADF families have been able to adequately and regularly access GP services and dental care in these areas. The amendments proposed under schedule 3 in relation to the joint defence facility at Pine Gap will specifically declare the facility a special Defence undertaking and prohibited area directly under the act rather than by the existing process that requires a ministerial declaration and will provide a formal basis for any future prosecutions by removing the opportunity for argument about the validity of the declaration. I support schedule 3 of this act. I would have to add that I strongly support the Australian Defence Force. 781 19:30:00 Snowdon, Warren, MP IJ4 Lingiari ALP Minister for Defence Science and Personnel 1 0 Mr SNOWDON —I might make an observation about the member for Forrest. I wonder why she voted against the government’s stimulus package which put up $241.6 million for Defence Force housing. And why are opposition members in this place and in the Senate opposing this legislation? I note the member for Herbert is not in the House. I understand he is in his electorate in North Queensland dealing with issues to do with the floods. But he, amongst others in this chamber, voted against the government’s legislation to provide additional houses for Australian Defence Force personnel. So do not let us hear the member for Forrest and other members of the opposition come in here and say they support Australian Defence Force families when in fact they have voted against a provision which is explicitly designed to provide additional housing for Defence Force families. I will come to some other elements of the opposition’s contribution shortly. In summing up the debate on the Defence Legislation (Miscellaneous Amendments) Bill 2008, I want to begin by thanking all participants, including the member for Forrest and the shadow minister and everyone else in the chamber who spoke on the legislation, for their thoughtful comments and support for this very important legislation. I note that there will be differences, but I am encouraged by the fact that the opposition has seen fit to support this bill. The bill makes amendments for three separate measures. The first amendment is to the Geneva Conventions Act 1957 to specifically incorporate a reference to and description of the red crystal emblem and reference to protocol III in part IV of the act, and to annex protocol III as the schedule to that act. The bill further requires amendments to the Criminal Code Act 1995 to specifically incorporate protocol III and the red crystal in the Dictionary to the Criminal Code and to ensure that the improper use of the red crystal is caught by the offence of improper use of the emblems of the Geneva conventions. The amendment also ensures that the new emblem is used only with the consent of the Minister for Defence. The red crystal will be of significant benefit in combat zones in helping secure the safety of eligible humanitarian workers from all countries, regardless of their location or political situation and free of any implication of religious significance. Incorporation of protocol III will be consistent with Australia’s longstanding support for the Geneva conventions and their additional protocols. The new emblem is unlikely to be used in Australia for either indicative or protective purposes, given the longstanding recognition accorded to the red cross emblem. The new emblem may, however, be used by the Australian Defence Force in certain regions overseas. Incorporation would further demonstrate and enhance Australia’s credentials in international humanitarian law. It would also enable Australia to encourage states not yet a party to the protocol to ratify it both within our region and beyond. The second amendment relates to the Defence Act 1903 to explicitly enable the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to an Australian Defence Force member or cadet or a member of the family of an Australian Defence Force member. The amendments to section 124 of the act enable a more comprehensive regime in the Defence Force regulations. The amendments will broaden the regulation-making power to enable the making of regulations to cover the provision of medical and dental treatment, including pharmaceuticals, to an Australian Defence Force member or cadet or a member of the family of an Australian Defence Force member. In relation to pharmaceuticals, it is intended that the regulations will cover the possession, storage, supply, dispensing and administration of scheduled pharmaceuticals by Australian Defence Force pharmacists, medics, nurses and civilian health professionals engaged by the Australian Defence Force. The effect of the amendments will be to create a regime that would ensure that the Australian Defence Force and its members are not hindered in the uniform application of their duties, here and overseas, by competing state and territory laws and will allow the proper embedding of uniform standards and procedures across the Australian Defence Force. The third issue covered in this bill relates to the Defence (Special Undertakings) Act 1952 to explicitly provide that the joint defence facility Pine Gap is a special defence undertaking and a prohibited area, with the insertion of a purposive clause to make it clear that the defence power is not the only constitutional basis relied upon to support the act. These protections are essential to a facility of such sensitivity and importance to Australia’s defence and external relations to deter mischief makers and those with more sinister intent. The importance of this facility I am sure is well understood by those on both sides of this House. The consequences of damage or disruption are grave both in terms of our defence and that of our principal ally, the United States. As such, it would adversely affect our external relations with that country. I once again thank honourable members for their examination of and comments on this bill. I commend it to the House. Before I conclude I want to make some observations about contributions made by members opposite—including the member for Forrest, who scurried out very quickly—in relation to this commitment made at the last election: A Rudd Labor Government will progressively extend free health care currently provided to ADF personnel to ADF dependent spouses and children. This is not a policy that was previously undertaken, advocated or understood by the opposition. It is not something that they went to the last election with. They did nothing about it for the 11 years they were in government. As befits our proposal, announced in the 2008-09 budget and consistent with our policy, we are initiating a pilot of free health care in the regional and remote locations of Singleton, Cairns, Katherine, Sale and the Karratha-Pilbara region. This first stage, which will commence in May this year, will cost $12.2 million over four years. In recognition of our desire to look at other opportunities, in October last year the government announced stage 2, which sees expansion of the trial to Townsville, Darwin and Puckapunyal. This means that we will be helping 16,000 spouses and children through the trial. This second stage will cost an additional $14.4 million in its first year and will commence in the second half of 2009. I want to make it very clear that we are committed to this initiative. We have made certain that we will use an approach that looks at developing the best possible way and the most appropriate way of providing these services to Australian Defence Force families. I would ask the opposition that, when they are making observations and commenting about this, at least be factually accurate and understand the intent of what we are trying to do, and perhaps even support the intent of what we are trying to do rather than try to take cheap shots in the way in which they have done this evening in this debate. I understand, despite the rhetoric I used previously, that all sides of this House support the Australian Defence Force, and it is important that we work together to make sure they have the best possible conditions. It is important that we work to make sure that Australian Defence Force families are treated well and we know and believe that the extension of these trials will not only be of great benefit to Australian Defence Force families, but will be supported by them. I commend the legislation to the House. Question agreed to. Bill read a second time. 783 Mr BRENDAN O’CONNOR (Gorton —Minister for Employment Participation) 19:40:00 —by leave—I move: That this bill be now read a third time. Question agreed to. Bill read a third time. 783 Bills R4027 783 Debate resumed from 3 December 2008, on motion by Mr Bowen: That this bill be now read a second time. 783 19:40:00 Hartsuyker, Luke, MP 00AMM Cowper NATS 0 0 Mr HARTSUYKER —I welcome the opportunity to speak on this proposed amendment to the Trade Practices Act. The minister, in his second reading speech, noted that competition is the primary means by which consumers get the best possible product or service at the lowest possible price. I think that all members of this House would be in furious agreement with that proposition, with the concept that competition delivers lower prices, better services and a more efficient economy. He also noted that competition enhances Australia’s welfare generally because of the efficiencies it creates and which lead to improved productivity and ultimately to increased standards of living. There would be no argument from the opposition with regard to the positive impact of competition on efficiency and our standard of living. Given the minister’s support for competition and his acknowledgement of the great benefits of competition for individuals and the general economy, one might ask: why would this same minister introduce the Fuelwatch legislation, which would reduce competition, drive independents out of the market and drive up the price of fuel? Here we have a minister introducing this cartel legislation into the House—the very same minister who brought us the screaming dog that was Fuelwatch. I am delighted that the parliament rejected the Fuelwatch legislation. I am delighted that the parliament rejected the notion of price fixing for 24 hours. What would be the logic of fixing prices for fuel for 24 hours? I put that to one of the ACCC commissioners. I asked: what benefit could there be? Why must prices be fixed for 24 hours? He said that the information is of no use to motorists unless it is actually fixed for 24 hours because, if a motorist saw a particular price, if it was not fixed for 24 hours he could not guarantee he would get that same price when he came back to fill his car up. I would maintain that that statement was nothing more than an unsubstantiated value judgment. I would say that, in any other market, I think it is pretty well universally agreed that price fixing of the nature that was proposed under Fuelwatch would be considered unlawful. If two companies were to engage in such a practice they would be pursued by the ACCC and vilified by the ACCC, but here we had this minister, the minister who has introduced this cartel legislation into the House, being the minister responsible for Fuelwatch—legislation that was clearly anticompetitive and was clearly not in the best interests of the motorists. It was legislation that was designed to be nothing more than a political fix for the Rudd Labor government, for the Prime Minister who made promises on fuel—promises he could not keep, promises he had no intention of keeping, and yet they came up with Fuelwatch. It does seem a strange irony that this minister who sought to introduce that legislation—legislation that would constrain the free market—is here championing this anticartel bill. Let me say at the outset that the coalition supports the broad thrust of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 legislation. But we do have reservations with regard to some potential unintended consequences. Regrettably, the government has form in relation to unintended consequences—one needs to look no further than the bungled bank guarantee that was introduced by this government without proper consultation with the Reserve Bank and without carefully thinking through what was a very important decision. As a result, thousands of self-funded retirees and other Australians had their deposits frozen. And why? Because this Prime Minister had to make a quick decision to meet the six o’clock media cycle. These were absolutely outrageous unintended consequences that were very severe for many people out there. So whilst the opposition supports the broad thrust, we are certainly mindful of the potential for this government to deliver legislation that has unintended consequences which could have great adverse effects on Australians. I will revisit the issue of unintended consequences later in my contribution. Criminalising cartel conduct is really about protecting the consumer. It is clear that the penalties available in the past have been inadequate to deter cartel activity of a hardcore nature, and the availability of criminal sanctions should provide a deterrent to those who might engage in such activities. This bill also provides the mechanism through which relevant agencies can use electronic surveillance. This will be useful in prosecuting cartel offences which may, by their nature, be difficult to prove. The Organisation for Economic Cooperation and Development, or the OECD, defines hardcore cartel conduct as: … an anticompetitive agreement, anticompetitive concerted practice, or anticompetitive arrangement by competitors to fix prices, make rigged bids (collusive tenders), establish output restrictions or quotas, or share or divide markets by allocating customers, suppliers, territories, or lines of commerce. The OECD considers hardcore cartel conduct the most egregious of violations of competition law in that cartels may injure consumers in many countries by raising prices or restricting supply, perhaps making goods and services unavailable to some consumers and making them unnecessarily expensive to others. Furthermore, the OECD recommended that member companies should ensure that their competition laws effectively halt and deter hardcore cartels. The OECD said, in particular, that their laws should provide for, firstly, effective sanctions of a kind and at a level adequate to deter firms and individuals from participating in such cartels and, secondly, enforcement procedures and institutions with powers adequate to detect and remedy hardcore cartels, including powers to obtain documents and information and to impose penalties for noncompliance. International experience, and experience in Australia, demonstrates the need for effective cartel legislation. There has been a range of high-profile cases in relation to the operation of cartels. We had the global vitamins cartel. Other major cartels included the Spanish sugar cartel, where Spanish sugar prices were for many years five to nine per cent higher than those in the rest of Europe—four different producers received a total of €8.7 million in fines. There was the global lysine cartel that doubled the world price of lysine, an amino acid, for three years. There was the global graphite electrodes cartel that affected between $5 billion and $7 billion in sales worldwide, and there was the air cargo cartel which involved our local airline Qantas. By way of an indication of the timeliness of this legislation, it is interesting to note that, only today, the ACCC instituted proceedings in the Federal Court against four airlines, seeking penalties for alleged price fixing between 2003 and 2006. The alleged contraventions relate to fuel surcharges applied to the international carriage of air cargo during that period. The airlines which are the subject of the allegations are Air France, KLM, Martinair and Cargolux—major names in the international airline industry. Australia has also experienced local cartel operations, most notably the Visy case, a very high profile and widely documented case in this country. This legislation, in criminalising serious or hardcore cartel behaviour, brings Australia into line with the United States, Canada and the United Kingdom—countries which have similar sanctions in place. This becomes particularly important in a globalised world where businesses and cartels operate across a range of jurisdictions. The legislation before the House makes it an offence for a corporation to make or give effect to a contract, arrangement or understanding between competitors that contains a provision to fix prices, to restrict output, divide or share markets or rig bids. The legislation provides, for an individual, a maximum jail term of 10 years imprisonment and a fine of up to $220,000 and, for a corporation, a fine that is the greater of $10 million or three times the value of the cartel or, where that value cannot be determined, 10 per cent of the turnover. The penalty for individuals brings Australia into line with the penalties of the United States. The amendments to the Trade Practices Act proposed by this bill would make a cartel offence a relevant offence under the Surveillance Devices Act and, although the ACCC is not a law enforcement officer under the Surveillance Devices Act, the amendments to the bill will allow the AFP to obtain a surveillance device warrant to aid in the investigation of cartel conduct. Amendments to the Telecommunications (Interception and Access) Act 1979 would facilitate this surveillance. The minister, in his second reading speech, referred to consultation which occurred in relation to the bill, the exposure draft and the period of public consultation, and that it should be said that during that time of public consultation there were significant concerns. The government issued its second cartel conduct exposure draft on 27 October last year, which it indicated would be the final bill. This bill prompted concerns to be raised by competition experts who warned that legitimate commercial arrangements and conduct that are not currently prohibited under the Trade Practices Act might inadvertently be captured as cartel conduct. Competition lawyers complained that the bill was lacking crucial anti-overlap exemptions. Minter Ellison have been reported in the media as saying: … would have had significant consequences for corporate structures and operations that have historically been clearly compliant with the Trade Practices Act. … This would have caused substantial implications for joint ventures, joint buying groups, franchises, co-operatives and any supply arrangements between competitors that contain exclusivity restrictions. Quite clearly there are a range of business operating models that, by necessity, require territories to be divided—not for the purpose of having an adverse effect on the consumer but more for commercial practicality. I think that was a very important observation by Minters. Blake Dawson Waldron partner Peter Armitage said: People could go to prison for entering into pretty ordinary commercial arrangements. That is quite worrying. Competition expert Brent Fisse has been quoted as saying that it is impossible to understand why the government would have omitted the anti-overlap provisions. He also said: The need to introduce cartel offences does not justify amendments to the TPA that are ill-designed and bound to produce unsatisfactory and counterproductive results. The Australian Financial Review, in an editorial, said: The resort to criminal sanctions brings added dangers that innocent company officers, engaged in tough competition, may get caught up in unwarranted legal action that can blacken their careers, even if acquitted. That is one of the real challenges of competition law—that dividing line where rigorous and rugged competition ends and corrupt conduct starts. It can be a grey area and one that legislators have to be very mindful of. The opposition welcomed the amendments which were subsequently made and incorporated in the bill as introduced, which addressed many of the concerns—though some concerns remain. The opposition will be reserving our position on the bill until the Senate Standing Committee on Economics delivers its findings. The final bill, tabled in parliament on 3 December, was accompanied by a memorandum of understanding between the Australian Competition and Consumer Commission and the Director of Public Prosecutions. The revised MOU that was introduced set out the respective roles and responsibilities of the ACCC and the DPP in relation to the prosecution of cartel conduct and how the organisations would interact. It is interesting to look at this document, which is entitled ‘Memorandum of Understanding between the Commonwealth Director of Public Prosecutions and the Australian Competition and Consumer Commission regarding’—and the next bit is very interesting—‘Serious Cartel Conduct’. But clause 4.3 of the MOU says: The ACCC will not ordinarily refer relatively minor cartel conduct to the DPP for consideration for prosecution. It is a document that says it is in relation to serious cartel conduct, but clause 4.3 says that the ACCC would not ordinarily refer minor cartel conduct to the DPP for prosecution. Certainly the spirit of this legislation is that the criminal sanctions relate to serious, hardcore cartel conduct and that conduct of a minor nature would be dealt with in a civil jurisdiction, not in a criminal jurisdiction. But 4.3 is worryingly ambiguous. Clause 4.4 goes on to say: Referral of possible serious cartel conduct will concentrate upon conduct of the type that can cause large scale or serious economic harm, and the ACCC will have regard to considerations including such as whether: the conduct was longstanding or had, or could have, a significant impact on the market in which the conduct occurred the conduct caused, or could cause, significant detriment to the public, or a class thereof, or caused, or could cause, significant loss or damage to one or more customers of the alleged participants one or more of the alleged participants has previously been found by a court to have participated in, or has admitted to participating in, cartel conduct either criminal or civil the value of the affected commerce exceeded or would exceed $1 million within a 12 month period— with regard to the combined value of all those involved in the cartel. And the final part of clause 4.4 is: in the case of bid rigging, the value of the bid or series of bids exceeded $1 million within a 12 month period. This is of concern to the opposition, with regard to the lack of clarity in the definition of ‘hardcore’ and the fact that clause 4.3 of the memorandum of understanding is exceedingly ambiguous where it says that the ACCC would not ordinarily refer relatively minor cartel conduct to the DPP—but it might. That certainly is of concern. I put this thought clearly on the public record and, as I said, the opposition will be waiting for the results of the Senate inquiry into this legislation. Competition policy is vitally important to ensuring that we have an efficient economy that allocates resources effectively and ensures that, if you start a business, you can operate that business in an environment where you are free from illegal competition. It is not about protecting businesses, large or small; it is about protecting competition. When you have a cartel, you have the potential for the community to be paying very substantial additional funds—far more than it should be paying—for a particular good or service. You have the potential for the losses to the community and the loss of efficiency to be very great indeed. So this is very important legislation. That is why the opposition support the broad thrust of the bill. But we are certainly concerned about the issue which I raised about the lack of clarity in relation to that definition. It is something on which we will be waiting for the results of that Senate inquiry. The memorandum of understanding between the DPP and the ACCC is quite an interesting document. It says: Price fixing, market sharing, output control and bid rigging … adversely affect Australia’s domestic and international competitiveness. Such conduct harms consumers, businesses and the economy by increasing prices and reducing choice, service, innovation and efficiencies. I think that that opening comment pretty much sums up the intent of the legislation in ensuring that we do not have a situation where cartels are fixing prices, where they are sharing the markets, where they are dividing up the cake and where they are colluding with their mates to get a better deal at the very significant expense of the consumer. It is a very important concept that Australia may well be a less efficient country and have a less efficient economy because of the actions of cartels. I believe that the community will welcome this legislation. I believe that if an executive from the big end of town is ripping off the Australian public, he should face the consequences. If someone goes into a 727 store and robs the till of $1,000, he would go to jail. But without criminal sanctions against serious cartel conduct, a cartel could rip off the 727 chain for $50 million and the executives of the cartel who are conducting the operation would not go to jail. There is a question of equity here: robbing a store through the front door by stealing the money out of the till is a crime; robbing the store through the loading dock—effectively taking money and causing consumers to pay more than they otherwise would for a particular product by making the 727 chain, for example, pay more than they need—is not a crime. This bill not only puts us into line with Canada, the UK and the US but it also meets community expectations. Cartel crooks deserve to go to jail, and people involved in the legal system need clarity. That is why the opposition was keen to see the issue of the definition of hardcore cartel conduct considered. That is why we raised that concern—because cartels have the potential to seriously disadvantage the interests of consumers. Cartels have the ability to make consumers pay more than they need to for a particular product. Cartel activity can cause substantial inefficiencies in the market. As I have said, we certainly support the thrust of the legislation and we await the outcome of the Senate inquiry. 788 20:02:00 Butler, Mark, MP HWK Port Adelaide ALP 1 0 Mr BUTLER —I rise to speak in support of the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008. Cartels are the white-collar version of organised crime. Essentially they represent companies colluding to squeeze undue profit from their customers and other businesses by market sharing, bid rigging, restricting output and fixing prices. Whilst their covert nature makes it difficult to determine their true impact, it is estimated that cartel behaviour causes prices to rise by 10 per cent on average, costing billions of dollars across the globe. Cartel conduct is theft, and this legislation is long overdue. Due to the need for secrecy and containment, cartels tend to arise in industries with few competitors. Our small markets and concentrated industries make us in Australia particularly susceptible. Cartel conduct can come in many guises. For example, three major companies in our freight industry were eventually fined $11 million for a price fixing and market sharing scam that lasted for 20 years. One aspect of the deal involved customers having their freight deliberately lost or damaged if they shifted companies from the one they had been secretly allocated. It is vital that Australia is armed with strong legislation to tackle this scourge. Globalisation has ensured that borders do not contain or constrain cartels, and we must have a global response both with the sharing of information and the enacting of tough legislation. An international vitamin cartel operating in the 1990s was estimated to have affected about US$20 billion worth of business globally. Criminal prosecutions were brought in a number of countries. In Australia in 2006, criminal proceedings were not an option but an indication of the cartel’s damaging effect was the class action brought against three multinational pharmaceutical companies for animal vitamin price-fixing being settled for $30.5 million. We are now in a global economic and financial crisis on a scale not seen since the Great Depression. Whilst this government will do all it can to shield our country from the effects of recession, our economy does not operate in a bubble. Both internationally and locally the pressure for profits is increasing and likewise the temptation to boost those profits through cartel behaviour. Deceptive practices that raise costs for consumers and other businesses are always reprehensible, but to distort the market through artificial prices at a time of economic vulnerability is particularly dangerous. Living costs are increased by inflated prices and small businesses are strangled. On a broader scale, anticompetitive behaviour encourages a sluggish attitude to business. Captive profits reduce the drive for efficiency and innovation, leading to decreased international competitiveness and stifled growth. It is vital that we act now by sending out a clear message to business that cartels will not be tolerated, investigative powers will be effective, and penalties will be harsh. This bill, long overdue, will do just that. In 1998, the OECD issued recommendations to all member countries for effective action against hardcore, or what we term serious, cartels. Recognising the need for concerted international action to halt and deter what the OECD called ‘the most egregious violations of competition law’, it was recommended that member countries ensure that their laws provide, in particular, effective sanctions and adequate enforcement procedures. When he was the ACCC Chairman back in 2002, Professor Allan Fels proposed introducing jail terms for serious cartel conduct. Cartels are created and maintained by the actions of individuals. These are not legitimate actions on behalf of shareholders. This is unlawful behaviour with direct personal gain in the form of increased bonuses, salaries and influence lurking behind fraudulently obtained corporate profits. Restricting cartel prosecution to the civil arena means that penalties are limited to the financial. Corporations can find ways to restore the money levied on their executives in fines, damages or costs. What they cannot do is find ways to restore their liberty. For deterrence to be effective, the punishment must be meaningful. Australia’s biggest detected cartel case so far provides a good illustration. Between 2000 and 2005 two major companies in the cardboard industry were estimated to have overcharged businesses by around $700 million. In 2007, the company that did not blow the whistle attracted individual and corporate penalties of around $40 million. The company admitted that it would cover the fine levied on the CEO; the other individual fined was the billionaire owner. In January 2003 the OECD recommended criminal sanctions if they were consistent with the nation’s social and legal norms. In Australia an individual can be jailed for welfare fraud or tax evasion, yet the scale of their theft is minuscule when compared to that perpetrated by a serious cartel. Jail sentences already exist for other white-collar crimes. It is entirely consistent with our social and legal norms—to use the terms of the OECD recommendation—to apply criminal sanctions to those who steal through manipulation of the market. In 2003 the Dawson review of competition provisions in the Trade Practices Act added its weight to the calls of the ACCC and the OECD. It recognised that growing international experience showed that criminal sanctions provided effective deterrence for serious cartel conduct and recommended their introduction in Australia. In 2005 the then Treasurer, the member for Higgins, finally announced that the Howard government would introduce criminal penalties for serious cartel conduct. This announcement proved as sincere as the promise of no GST. Despite 15 separate warnings from the ACCC, despite repeated calls from the OECD, despite our responsibilities as an OECD member state, despite other nations toughening their legislation and despite the need to protect Australians from this extortionate practice, the coalition failed to act. Now, a decade on from the initial OECD recommendations, there can be no more excuses for dragging our feet on this important reform. Cartel conduct is notoriously difficult to detect and successfully prosecute. Strong deterrent measures, combined with effective powers for investigation, are vital to give the clearest possible message to the international business community, as well as our own business community, that Australia will not tolerate cartel activity. In line with the ALP’s election commitments, we released a draft bill in January last year. The amendments in this bill reflect an extensive consultation process with industry experts and the consideration of international best practice. Persons involved in serious cartel conduct will now face both criminal charges and civil sanctions, with protections against double jeopardy incorporated into the Trade Practices Act. In recognition of the need for strong deterrence, and in concert with US practice, this bill doubles the proposed maximum jail term to 10 years for serious cartel conduct. We already have the same jail term for the protection of body corporates against fraud, deceit and the fraudulent appropriation of property by their employees. Consumers and other businesses deserve no less. Unlike our predecessors, we believe it is a contradiction in terms to claim that an individual who engages in serious cartel conduct can also be a good citizen. This is exactly the sort of message that actively encourages cartel conduct. The outward respectability of those who engage in cartel conduct should never be an excuse to whitewash unlawful activity predicated on greed and deceit. One of the strongest weapons that enforcers of anti-cartel laws can use is whistleblower knowledge. This bill provides for protection of cartel information provided by whistleblowers as well as immunity, with some clear provisos, from civil and criminal prosecution for the first active member of a cartel to come forward. Those who hesitate stand to lose much more than their reputation, and expectations are that the strength of this legislation will bring an early rush of confessions. A memorandum of understanding between the Department of Public Prosecutions and the ACCC provides clarity for whistleblowers by ensuring a uniform approach to immunity and leniency between the civil and criminal provisions. This bill improves enforcement measures by removing the requirement that an offender acted dishonestly. The Dawson review had expressed concern that proving dishonesty beyond a reasonable doubt to a jury was so difficult that it would weaken enforcement. The ordinary criminal fault elements of intention, knowledge or belief will apply instead. This is in line with international best practice. The only other jurisdiction that uses the dishonesty defence is the UK, and its own experts cite that as a reason for its poor conviction rates. Another key enforcement measure introduced by this bill is enforcers having the power to use, amongst their tools, telecommunications interception for detecting possible breaches of the law and identifying the main players. The 10-year jail term brings the cartel offences within the threshold for the use of such powers. This bill does not endanger legitimate business operations. Joint ventures are protected. It clarifies what constitutes a cartel provision within a contract, arrangement or understanding and requires the satisfaction of two alternative tests, as well as threshold requirements for a requisite level of competition. Serious cartel conduct is an unfortunate reality in our market and one that costs consumers, other businesses and our market economy heavily. In tough financial times, the incentive to engage in this form of theft is even higher than usual and we must not delay in implementing this long overdue legislation. I strongly commend the bill to the House. 790 20:13:00 Moylan, Judi, MP 4V5 Pearce LP 0 0 Mrs MOYLAN —I am pleased to have the opportunity to speak on the Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008. It is an important piece of legislation. It is legislation that has evolved over a long period of time, it has been the subject of much debate and academic interest and yet it is legislation that remains vexed and problematic. This legislation is aimed at criminalising serious cartel conduct; it is aimed at protecting the consumer. That is a commendable goal and, indeed, the overarching concern to protect the consumer should lie at the centre of all debates surrounding this bill. But a commendable goal is not enough to make inherently worthy legislation. This bill should be supported on the grounds that it has the potential to reduce consumer harm, but it is also necessary that it be subject to stringent review and further debate. Having perused some of the submissions to the Senate Standing Committee on Economics regarding this bill, I can say that it is clear that there are still stakeholders with considerable reservations, and these reservations warrant discussion. In one such submission, it was stated: The need to introduce cartel offences does not justify amendments to the TPA that are ill-designed and bound to produce unsatisfactory and counterproductive results. That said, those who set out to deliberately manipulate the market to disadvantage their consumers and to make dishonest personal gain should be punished—businesses that practice anticompetitive conduct contrary to the central notions of our economy. However, the process of criminalising cartel conduct is not straightforward. It is extremely complicated and requires not just a deep understanding of the law and the Trade Practices Act but also innate awareness of Australian business practices and needs. It is the complexity of this reform that prevented its earlier introduction. Despite the lengthy consultation period in government deliberations, this bill continues to have significant flaws. The bill that is before us is of a lesser standard than should be expected with such an important and far-reaching change to the existing law. It has been rushed and it shows the government’s neglect in failing to properly consider the issues and opinions surrounding the criminalisation of cartel conduct. There is a host of issues concerning this bill—issues that I am sure will be discussed further within the Senate committee review relating to the technicalities of this law. I am not a lawyer, but I do have significant experience in business—and, indeed, in business law—so I will focus on those issues which I believe are going to affect the Australian business community. Firstly, the broad and ambiguous drafting of this bill will surely create uncertainty for businesses currently conducting legitimate, procompetitive transactions that will, under this bill, expose them to criminal liability. Secondly, the penalty regime that has been amended in the version of the bill before us poses serious questions of inconsistency. The process to criminalise cartel conduct began in 1998 with the OECD recommendation that members ‘ensure that their laws adequately prohibit such cartels and that they provide for effective sanctions, enforcement procedures and investigative tools with which to combat them’. In this respect the OECD was referring to ‘hard-core’ or serious cartel conduct, which includes such practices as price-fixing, bid-rigging, output restriction and horizontal market sharing. In the case of ACCC v Visy Industry Holdings Pty Ltd No. 3, Justice Heerey noted: The whole point of price fixing and market sharing is to obtain the benefit of prices greater than those which would be obtained in a competitive market. It must follow that customers pay more than they would in a competitive market, and so suffer loss. The coalition strongly believes that protection of the consumer should be the driving consideration behind this amendment to the Trade Practices Act. I believe that there is bipartisan support to pursue criminal sanctions for those involved in serious cartel conduct. It is important to remember that this bill was targeted at criminalising only serious anticompetitive behaviour. However, there has been much commentary on the fact that the government has now taken an overzealous and, in some cases, a hurried approach. The approach taken within this bill to broadly define offences and then provide specific defences poses a number of problems. Having been involved in business and having previously been the shadow minister for small business, I am acutely aware of the risk that legitimate, innocuous commercial transactions that have not been foreseen in the drafting of this bill will become illegal. I am also aware that the broad drafting style is a contravention of good legislative practice and will open up an extremely wide discretion for the ACCC. With so many commercial transactions at risk of prosecution under this bill, the ACCC will be forced to decide which transactions to pursue. Of those that are pursued, the ACCC will then need to decide which are so serious as to attract criminal liability and those that are worth pursuing for civil remedy. One does not need to contemplate too hard to see that this wide level of discretion has the potential to create enormous uncertainty within the Australian business community. We cannot attempt to map out new offences and not clearly delineate where the proper boundaries lie. In response to the draft legislation, the American Bar Association noted: In a world of ever-increasing regulatory complexity, the distinction between criminal and civil matters is not always as clear as it should be, and that lack of clarity creates unnecessary risks and can lead to potentially devastating costs. In this time of unprecedented uncertainty for business, we cannot allow any confusion surrounding new legislation to cause businesses to stop conducting legitimate commercial transactions for fear that they will be found outside the blurred boundaries that the ACCC will, in time, decide. There is a real risk that businesses will cease worthwhile trading and err on the conservative side of caution, losing out at the hands of the government’s hastily designed and poorly articulated legislation. The government, which was democratically elected, has a responsibility to make laws, to determine what constitutes criminal behaviour and not to abdicate such powers to a body such as the ACCC. The issue with drafting has been described well in a quote in the Australian newspaper by a partner at Mallesons Stephen Jaques: The attempt to cover all cartel conduct means we’ve ended up with a fairly complex and prescriptive bill, which may catch some things that shouldn’t be caught … There are legitimate business practices that are going to be put into doubt by the very breadth of these provisions. Australia needs to have laws which can effectively deter serious cartel conduct. As businesses continue to spread their operations outside of national boundaries, it is more important than ever that our laws do not provide a safe haven for international cartel conduct or tempt businesses into such conduct with soft, lackadaisical prosecution. The penalties for such conduct must serve as a punishment but, more importantly, as a deterrent, and Australia must present itself on an international stage as a country which will not tolerate serious cartel conduct. In the draft exposure bill and discussion paper released on 11 January 2008, the maximum jail term envisaged for individuals found guilty of serious cartel conduct was five years. This has since been increased to a 10-year jail term. The Assistant Treasurer and the Minister for Competition Policy and Consumer Affairs stated that this increase was to ‘send a clear message about cartel conduct’. I find it somewhat misleading that the government can purport that ‘together with the United States, that 10-year jail term puts Australia at the forefront in fighting illegal cartels’. While it may be true on paper that the United States is the only other jurisdiction with a maximum jail term of 10 years, one cannot assume that the practical application of these penalties will be comparable. The Dawson review noted that in the United States plea bargaining is used to settle the majority of cartel cases. Plea bargaining is uncommon in Australia and indemnities against prosecution are rarely issued as they are in the United States. The Dawson review noted that in 2000, 18 individuals were imprisoned under the United States anti-cartel laws for an average of just eight months—some deterrent! Most other OECD members have a maximum penalty ranging from three to five years imprisonment. The government’s attempts to legitimise the criminal penalty of 10 years imprisonment for individuals—double what was recommended by the Dawson review—on the back of a United States precedent is wholly misguided, not to mention misleading. Imprisonment is used as a penalty in this context to be a deterrent. It would seem that the ACCC submission to the Dawson review recommending that the term of imprisonment be seven years maximum is quite fitting for this offence. The penalty should also ensure that the proposed amendment to the Telecommunications (Interception and Access) Act would remain viable, as the penalty will still be serious enough to warrant the additional investigatory powers. I support the prosecution of those individuals and companies involved in serious cartel conduct. Their behaviour is designed to create a benefit for themselves at the expense of the consumer and the market. But I cannot withhold my reservations about a bill that will have the practical effect of exposing Australian businesses that are legitimately conducting their affairs with no ill intention, dishonest motives or desire to manipulate the market in an unconscionable manner to the risk of criminal liability. That is my concern, and I think it is a legitimate concern. This bill has been a long time in the making. The coalition, when in government, spent a number of years ensuring that, when legislation to criminalise cartel conduct was introduced, it would be legislation that would appropriately address the distinction between criminal and civil conduct and do so with minimal impact on the majority Australian businesses that operate within full compliance of the law. On the other hand, this bill shows clear signs of having been rushed. Criminalising cartel conduct is not as easy as the Labor Party may have envisaged when they promised to do it within the first year of being elected to government. This promise was populist—made in the heady wave of momentum less than 24 hours after Visy’s Richard Pratt made a guilty plea in by far the biggest cartel case ever conducted in Australia. Having been swept away in the excitement of this high profile case, the government have since found themselves struggling to uphold unrealistic and empty promises. The promise to introduce legislation of this nature within 12 months of election is surely a promise that could only be made by a party with little understanding of the concerns of the Australian business community and with little understanding of the reality of legislating on such complex matters. On the same day that the Labor Party condemned themselves to a year of rushing through complex and important legislation, the former Treasurer, the member for Higgins, said: … the Government has been consulting very carefully. But you have to be careful here, to make sure that when conduct passes from civil to criminal the lines of demarcation are quite clear. And it’s quite technical and it’s very, very important to get the consultation right and to draw the statute accordingly. The member for Higgins’ appreciation of the complexities of this legislation is a testament to his experience and his deep understanding of the needs— Debate interrupted. 794 Adjournment 10000 Scott, Bruce (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Hon. BC Scott)—Order! It being 8.30 pm, I propose the question: That the House do now adjourn. 794 794 20:30:00 Hale, Damian, MP HWD Solomon ALP 1 0 Mr HALE —I rise today to offer my condolences to the people who have felt the full brunt of Mother Nature’s fury over the past few days in the great state of Victoria. The people I so proudly represent in this place, the people of Solomon, have had their own history of natural disaster and mass human suffering. On their behalf, I say this to the people of Victoria: our hearts go out to you at this terrible time. You have suffered more than any human beings deserve to suffer. Our thoughts are with you as you wait for news of your loved ones who have not been accounted for, as you learn of your loved ones who did not make it and as the realisation comes of the valuable lifelong possessions, family homes and much loved pets that have been lost. It is my hope that you feel the arms of the entire country wrapped around you. The hurt I feel in my heart for you is equalled by the hurt felt by my people back in Darwin and Palmerston. I have had many emails and phone calls from my people offering support. While we can understand to a point, none of us will really know the horror that was bestowed on you and your communities. Last week the Prime Minister and the Treasurer announced a plan that delivered a welcome investment to local infrastructure and to support jobs in Darwin and Palmerston. This plan strikes the right balance between supporting growth and jobs now and delivering the investments needed to strengthen the economy for the long term. In the past four months, the outlook for the global economy has deteriorated significantly, with the IMF now forecasting a deep global recession. The global slowdown has driven almost all major advanced economies into recession, including those of the United States, the United Kingdom, Japan and Europe. China and India are now also slowing sharply and the global mining boom which has provided a big stimulus to Australia’s growth in recent years is unwinding. Faced with this situation, the Australian government had a choice. The first option was to do nothing and let the market rip. The second was to act now to support jobs and growth. The Rudd government is committed to the latter—that is, when the markets have failed the government must intervene and support jobs and growth. The plan will deliver almost $30 billion in direct investment into schools, housing and roads as well as other essential local infrastructure. It also includes almost $3 billion in temporary tax rebate expansion for small business to encourage private sector investment. Over 6,000 families in Darwin and Palmerston will receive a back-to-school bonus of $950 to help with the cost of kids returning to school. Over 2,000 students and people looking for work in Solomon will receive a training and learning bonus of $950 to support their study costs. Every one of our hardworking primary schools—some 41 of them—will have capital funding provided for essential new buildings and upgrades. At Lyons, 185 new Defence houses will be built, which will have a positive flow-on effect for the rental market. There will be a $1,600 rebate for solar panel installation which is not subject to means testing. National programs include an additional $30 million in 2008-09 and $60 million in 2009-10 which will be allocated to an extended coverage of the Black Spot Program. As the chairman of the NT black spots committee I know that this additional funding will be extremely welcome and it will save lives. The plan is also to provide an additional $500 million over two years to expand the Regional and Local Community Infrastructure Program strategic projects. This program invests in community infrastructure such as town halls, libraries, community centres and sports centres, something I know the hardworking lord mayors of Darwin and Palmerston will be very excited about sharing in. The initiative also provides funding of $6 billion over 3½ years for the construction of new social housing and a further $400 million over two years for repairs and maintenance to existing public housing dwellings. This will help stimulate businesses which supply construction materials and help to retain jobs in the industry, something I know my mates in the building game are very happy about. The Nation Building and Jobs Plan is a decisive action to support and bolster the economy in the short term. More importantly, it will also lay the groundwork for the stronger economy when we emerge from the global recession. I would like to also take this opportunity to acknowledge all the speakers in the last two days, led by the Deputy Prime Minister, who was fantastic yesterday, and the Leader of the Opposition. The contribution today from all speakers was excellent under very trying and difficult circumstances. It shows that all members of this House—150 of us—care for the nation. There has been a fantastically united, sombre feel in the House and I would like to acknowledge those speakers. 795 795 20:35:00 Morrison, Scott, MP E3L Cook LP 0 0 Mr MORRISON —In these last few dreadful days, we have rightly spent much time paying tribute to the service of so many selfless and dedicated Australians who choose to stand in harm’s way, on our behalf, to protect life itself. As it says in the Scriptures, greater love has no-one than the one who will lay down their life for another. It is therefore fitting to have this opportunity this evening to pay tribute to a giant of a man who similarly committed himself to a lifetime of vigilance and service for his community in our Sutherland shire. The late William George Marshall OAM, patron of his beloved Cronulla Surf Club for 21 years and a member of that club for 66 years, passed away on 30 December 2008. As I attended the crowded memorial service in January along with the hundreds of people who came in his honour, it was not just his extraordinary service to surf-lifesaving that was on display. Bill’s was a rich life. Bill was a loving husband, a devoted father and an adoring grandfather. His story is like that of many of his generation and those who came before him of similar mould, who built our local community in the Sutherland shire. Their modesty, humility, dedication, sense of duty to others and above all their absolute and unwavering commitment to make a better life for their children and community defined their lives, and in Bill’s life this was particularly the case. It provides a path for all of us who now seek to follow. It was said of Bill that he had a wonderful ability to inspire others to be better people. I can think of no better tribute. The tender stories of Bill’s family recounted by his daughter Vanessa at the memorial service were incredibly moving. They spoke of a family home created by Bill and his loving wife, Faye, that I would hope all Australians could know—a home of warmth, love and generosity in which children were truly valued. It was said that family always came first for Bill—but, as his wife recounted at the service, ‘not quite always, particularly if there was a carnival on’. The other side of Bill’s tremendous story was his love and passion for surf-lifesaving. Bill was not someone who was involved in surf-lifesaving. Bill was surf-lifesaving in the Shire and, more specifically, in the Bate Bay clubs, having joined the Cronulla club at age 15 during the war years, gaining his bronze medallion—No. 18891—in December 1943 and continuing in membership for a total of 66 years. Bill would probably take issue with this tribute as he always believed that the club was bigger than the man, but there was no mistaking the importance of Bill’s contribution to all those who gathered to celebrate his memory in January. Prior to the service Bill’s coffin was placed in a surf boat—at his direction, and much to Faye’s indignation at the time of the planning—for a final salute across Bate Bay and each of the four clubs. The procession proceeded back onto land and by road up the Kingsway to the Shirelive Church at Sutherland, where he entered via an honour guard in a procession led by Club President Greg Holland and my local pastor, Michael Murphy. His casket was laid at the front of the church in another surf boat suitably named in his honour and positioned between the flags. Bill’s extraordinary contributions to surf-lifesaving were acknowledged at all levels: national, state, branch, district and club. Bill served in many capacities through his career in surf-lifesaving, and they are too numerous to mention here. At Cronulla he was club captain, club president and esteemed patron for 21 years. He played an important role in the support and membership of each of the other Bate Bay clubs—namely, North Cronulla, Elouera and Wanda. Bill held many senior and executive posts at branch, state and national levels, including five years as president of the Sydney branch, of which he later became patron after the sad passing of the late Bill Singleton, also from the Shire, whom I had the opportunity to honour in this place last year. For his contribution to surf-lifesaving Bill was awarded life membership of his club in 1958, his branch in 1979, his state in 1982 and at a national level in 1987. He was awarded a world lifesaving certificate of merit in 1983, and in 1996 his many years of service were recognised with the award of the Medal of the Order of Australia. However, he will probably be most remembered for the crowning legacy of completing the centenary history of his club, which was published and launched by Governor Marie Bashir on the eve of the November 2007 election. At Bill’s memorial service Barry Ezzy said farewell as a lifelong mate and friend of Bill, while Ken English, a life member of Cronulla and Sydney branches, concluded his tribute to Bill in saying: Bill will no longer feel the sand between his toes from his beloved Cronulla beach … but he can rest peacefully, safe in the knowledge that he has completed his patrol with the vigilance and service required of an Australian Surf Life Saver. 796 796 20:40:00 Collins, Julie, MP HWM Franklin ALP 1 0 Ms COLLINS —I start by adding my voice to the many condolences today for those in Victoria who have had a harrowing few days. Our thoughts and sympathies are with them. I will talk more about that situation in the debate on the condolence motion in the Main Committee. I now want to talk about some health initiatives in my electorate of Franklin. It was my pleasure a week or so ago to announce over $400,000 going to a small community in my electorate for rural health. It came from the National Rural and Remote Health Infrastructure Program, which is a result of the government’s election commitment to reform the Rural Medical Infrastructure Fund. The government is committed to improving important projects in rural and regional communities. We all know the importance of those projects, particularly as they have been highlighted to us in the last few days. The National Rural and Remote Health Infrastructure Program was funded in the budget and there will be $46 million over four years to provide rural and remote communities with strategic planning for small rural private hospitals. This is to improve health services by funding projects where a lack of infrastructure is a barrier to the establishment of new health services. I was recently talking to one of my local councils, the Huon Valley Council in southern Tasmania, about some issues that they have had with GPs and retaining GP services. A GP recently retired in the small town of Geeveston, and attracting other GPs to the area was causing them great difficulty. The money that we have announced will give them a real boost and help improve the Geeveston Medical Centre. Improvements were undertaken by the council that are quite extensive, including things like home visits, hospital and nursing home visits, family planning, antenatal care, cardiac monitoring, hearing tests, counselling, vaccinations, childhood immunisations, minor surgical procedures, sports medicine, nutritional advice and others. The new medical centre, as I said, was left to fill the gap left by a doctor retiring. Because of this new medical centre and the funding that it has received, the council has been able to attract two new GPs from overseas to the area. That has really expanded the services available to the local community and has been a great success. As I said, they were able to recruit these doctors from overseas to service the local community when the local GP retired. Some of the money will also be going to the Esperance Multi Purpose Health Centre in Dover. They are going to make some improvements there, including additional consulting rooms, improved waiting areas for patients, improved reception areas for visitors and patients, separate ensuites in the two acute care rooms, rearrangement of consulting rooms and construction of a new staff room to cater for training requirements. There will be new equipment purchased, including new electric beds, an overhead lifting system for patients, medical equipment, an examination bed for an emergency room as well as other furnishings and medical equipment. The multipurpose centre at Dover, as its name suggests, is multipurpose. The facility will also provide residential aged care, acute care for inpatients and outpatients, respite services, independent unit accommodation for the elderly, a private GP medical practice and rooms for visiting health professionals. A palliative care facility is also due to open in March this year and will provide a much needed service to those in the area. So there have been improvements at Geeveston and at the Esperance Multi Purpose Health Centre in Dover, which is about an hour’s drive from Hobart. It is quite a rural community that really needs this funding and infrastructure. I was really pleased to be able to provide that support to the local community with the recent announcement. Initiatives like these support and build local communities, and I was very proud to be a part of that announcement. The other initiative in my electorate that I wanted to talk about just quickly was the GP super clinic. The federal government has recently signed off to the state government on the GP Superclinic; $5.5 million will come from the federal government and money will also be coming from the state government. This initiative has been very well received. The federal government carried out consultations last year, and there will be a whole heap of services provided at the new GP Superclinic. It will provide multiprofessional care, bringing together health professionals from general practice, community health and allied health services. It is a much-needed facility in my electorate. It was very well received as an election commitment and I am very proud to deliver on that election commitment. The GP Superclinic will be part of an integrated care centre that the state government will build. This has been a very important health win for the people of Franklin. (Time expired) 798 798 20:45:00 Markus, Louise, MP E07 Greenway LP 0 0 Mrs MARKUS —Today I would like to momentarily focus on Victoria and what is facing all of Australia. There is a deep sense of grief and loss, and there are many questions still to be answered. For all Australians it is a time when compassion and offers of practical help are pouring out towards Victorians. I think it is important that we continue to pray and support them in whatever way possible. Today is also a date when we need to acknowledge the very important and tragic event that happened to the people on the HMAS Voyager and the HMAS Melbourne some 45 years ago. Today there is also a deep sense of loss which has been ongoing for many years. Today we remember the loss of 82 lives on the HMAS Voyager, which sank on the night of 10 February 1964, some 45 years ago. The destroyer Voyager was operating as ‘rescue destroyer’ for night flying operations just off Jervis Bay in New South Wales when she collided with the aircraft carrier HMAS Melbourne. The Voyager was cut in two. The bow section sank almost immediately while the stern section remained on the surface for several hours. There was great bravery on that night. I would particularly like to highlight the bravery of one man. I mention Chief Petty Officer Jonathan Rogers, who was serving on the Voyager. The story of his courage is well told in the Australian War Memorial’s ‘Fifty Australians’. It reads: Rogers was one of more than 50 men trapped in darkness in a compartment of the sinking forward section. He took control and tried to bring calm in the disastrous situation. He probably realised that not all would be able to get through a small escape hatch and that he, being a large man, had no chance at all. “He was more intent on getting the younger chaps out first,” said a survivor. The forward section finally sank about ten minutes after the impact. Rogers was heard leading his remaining doomed comrades in a prayer and a hymn during their final moments. Rogers was later awarded the George Cross, the highest bravery award then available in peacetime, “for organising the escape of as many as possible and encouraging … those few who could not escape … to meet death alongside himself with dignity and honour”. As we reflect today we must also remember that for 45 years the survivors have had to deal with loss. I refer to those men on the Voyager and the Melbourne and their families and friends who were left behind. The collision of the Melbourne and the Voyager is an example of the sad and too common occurrence of lives being lost in the service of Australia during peacetime. It is also a reminder that we must constantly strive to do better for all our young men and women in the Australian Defence Force and their families in both war and peacetime. We must remember them, we must honour them and it is important that we never forget. 798 798 20:49:00 Saffin, Janelle, MP HVY Page ALP 1 0 Ms SAFFIN —I express my sympathy, strong support and solidarity to all people grieving and suffering as a result of the catastrophic Victorian bushfires, and I will say more on that later when I speak on the condolence motion. Re-establishing fairness to Australian workplaces was one of the hallmarks of the Rudd Labor government, so when I hear of workers in my electorate of Page being treated more like cattle than people it makes my blood boil. One of my first jobs after leaving school in Ipswich was as an abattoir hand. It was hard, physical and sometimes dangerous work. On staggered days last year—28 November, 1 December and 2 December—up to 23 employees turned up to a south Grafton abattoir for work to be told by embarrassed foremen that they were out of a job due to ‘a WorkCover thing’. They were handed a week’s pay, shown the gate and thrown out on Armidale Road to uncertain futures. Appallingly, they did not receive their rightful entitlements: termination pay, redundancy, annual leave and long service—nothing. Coming up to Christmas, with mortgages to service, bills to pay and presents to buy, this was a very cruel, bloody-minded and gutless way to treat employees, some of whom had been veterans of the slaughter floor. All of these workers tell me they were employed by Tempus Holdings Pty Ltd, a labour hire company that provided labour to abattoir owner Stuart Ramsey’s company Ramsey Food Processing Pty Ltd. The sacked workers were informed in writing that Tempus Holdings would on 28 November 2008 cease to be a labour hire company supplying labour for Ramsey Food Processing Pty Ltd. The local Daily Examiner newspaper, which has been championing the plight of the affected workers and their right to entitlements, has repeatedly asked Stuart Ramsey, Tempus Holdings director Michael Considine and their solicitors about the complex corporate structure attached to the abattoir. The Daily Examiner’s inquiries have been met by silence and stonewalling. I have twice written to Mr Ramsey, on 12 December and 12 January, on behalf of my constituents seeking clarification on exactly who is responsible for paying the sacked workers their outstanding entitlements, but I have had no response to date. My constituents have names and they are happy to be mentioned in this House. Robert Baker, 57, of Grafton was a level 5 slaughterman and had worked at the abattoir as far back as 1970. Robert estimates that he could be owed $40,000 in entitlements. He hurt his lower back in 2006 and was on reduced hours under WorkCover before he was sacked. Paul Lumley, 44, of Grafton was a level 4 slaughterfloor labourer who had been at the abattoir since 1994. He is owed $20,000. Paul had lodged a claim with the Workplace Ombudsman against Tempus Holdings for unauthorised pay deductions. He believes this was the reason for his dismissal. Grant Tomlinson, 44, of Waterview Heights was also an experienced abattoir worker—working there for 10 years in all. An injury to his left shoulder on the slaughterfloor in 2005 meant he was on light duties under WorkCover; but, as he put it, there are no light duties in an abattoir. I can attest to that. Supporting a partner and a 10-year-old child, Grant is owed about $3,000. John Woods, 29, of Westlawn in Grafton was at Ramsey’s for three years, working as a labourer and knifehand. He badly tore tendons in his right shoulder about nine months ago, an injury requiring an operation in Coffs Harbour Base Hospital. John was off work for two months but was gradually building up his hours under WorkCover. He had just signed a contract to buy a new $25,000 car before his sacking on 1 December. John has a partner and two-year-old daughter to support at home and could do with the $5,000 in entitlements that he is owed. Paul Windler, 41, of South Grafton had been at the abattoir for a year. He did the dangerous job of operating the bandsaw in the small boning room. He hyperextended his right wrist in an accident last September and went to Grafton Base Hospital for treatment. Paul developed tendonitis in his wrist but went back to work on the bandsaw. He is chasing $3,000 in entitlements. I have arranged for any sacked abattoir employee to get free legal advice on unfair dismissal or unlawful termination from the Lismore based Northern Rivers Community Legal Centre. I have raised this with my colleague the Deputy Prime Minister and Minister for Employment and Workplace Relations the Hon. Julia Gillard. I raised the allegations of these men with the Commonwealth Workplace Ombudsman and am heartened to say that they have given a high priority to their investigation. I know that the Workplace Ombudsman recently served a notice to produce documents on the director at the registered office of Tempus Holdings and that significant resources are being directed at the investigation. I am encouraging more affected workers to come forward and provide evidence so that they can recover what is rightfully theirs and perhaps discourage rogue employers out there from running roughshod over other workforces in regional Australia. I do not care what tricky, albeit legal, company arrangements may have been put in place, the person morally and ethically responsible for paying these workers their entitlements is the person who owns the abattoir—Stuart Ramsey. (Time expired) 800 800 20:54:00 Schultz, Alby, MP 83Q Hume LP 0 0 Mr SCHULTZ —I rise to speak on an incident involving Telstra and the Mandemar Rural Fire Brigade at High Range just west of Mittagong on the Wombeyan Caves Road in the electorate of Hume. In July last year the Mandemar Rural Fire Brigade undertook to de-silt a dam that was located in the grounds of St Thomas’s Church at High Range. The purpose of the de-silting was to increase the storage capacity of the dam, which is used by the Mandemar brigade along with other rural fire brigades in the Wingecarribee shire both for training and refreshing purposes and as a water source during the outbreak of bushfires in the area. De-silting is a way of increasing the storage capacity of a dam without actually enlarging the dam. It removes the debris and mud that builds up over time on both the floor and walls of a dam. It is recognised that the way to de-silt a dam is to employ the services of an excavator and an experienced operator. In this case a member of a neighbouring volunteer rural fire brigade who is also an earthmoving contractor offered the services of his excavator and his time voluntarily to undertake the dam de-silting. Before the commencement of the de-silting of the dam the captain of the Mandemar brigade and the excavator operator made an inspection of the site and discovered that a Telstra cable was located in the paddock in close proximity to the dam. The de-silting process was then started. About 10 minutes into the job the excavator pulled up a cable and damaged it. The cable was identified as a Telstra cable. It was located about a metre from the dam wall in the water. This was not a very sensible place to have laid a Telstra cable in the first place, one would suggest. Telstra was immediately advised of the damage and arrangements were made for its repair. The volunteer contractor then finished the de-silting of the dam. Upon completion of the de-silting, the volunteer contractor without hesitation proceeded to dig a more appropriately located trench in which the repaired cable could be laid. Telstra repaired the cable, relocated it into the new trench that had been dug by the volunteer excavator operator and left the trench open. Within a couple of days the volunteer excavator driver returned with his machine, refilled the trench and tidied up the area. This additional work was completed by the volunteer contractor at no cost to either the Mandemar brigade or Telstra. At this stage it was thought that all was resolved satisfactorily and that the matter was closed. Not long after the completion of the de-silting and the repairs to the Telstra cable, the volunteer earthmoving contractor received a bill from Telstra in the amount of $1,075.92 for ‘damage to Telstra assets’. The contractor duly paid the invoice. The Mandemar Rural Fire Brigade subsequently wrote to Telstra inquiring as to the possibility of having the amount refunded as all the work on the dam was done by volunteer labour and they felt it was unfair that the volunteer contractor should be made liable for the damage, given the inappropriate location of the Telstra cable in the dam. Telstra, I might add, did not recognise the work performed voluntarily by the contractor in assisting Telstra by digging a new trench for the relocation of the repaired cable. Mandemar Rural Fire Brigade received a letter of reply from Telstra advising and acknowledging, ‘Your brigade is a volunteer organisation and the contractor was volunteering his time and excavator. However, damage to Telstra plant costs millions of dollars per year and damagers are financially liable for the damage caused to cables as a result of negligence or carelessness. Telstra considers that there is a liability in this matter by the responsible party and Telstra is entitled to recover costs where repairs are done that restore Telstra’s network to a predamaged state. It is realised that this damage was not intentional. However, in cases where there is no wear and tear, and like any accidental damage, there is a cost for work which would otherwise not have been necessary. Telstra will recover these costs from the person that has caused the damage. Therefore a reimbursement will not be provided.’ There was no mention by Telstra of the work that was carried out by the volunteer contractor at no cost to Telstra and assisting them to carry out the repair. I subsequently made inquiries into the matter with Telstra and Mandemar Rural Fire Brigade, but in the first instance my representations to Telstra fell on unsympathetic ears. It has only been after some further pressure from me and some further investigation and recommendations by a most competent and efficient member of Telstra’s customer and infrastructure support team assigned to matters in the electorate of Hume—who recognised what trying to enforce Telstra’s corporate muscle to recover the sum of a mere $1,000 or so from a volunteer charity organisation may have caused to Telstra’s already strained public reputation—that a more appropriate outcome occurred. I am pleased to announce tonight that common sense has prevailed and Telstra has now agreed to refund in full the amount of $1,075.92 to the volunteer contractor. I would hope that Telstra now recognises the significant contribution that volunteers make to their communities and will look sympathetically at any further such incidents that may inadvertently occur from time to time. I thank Dawn from Telstra for her professional and prompt action on this issue. 10000 SPEAKER, The The SPEAKER —Order! It being 9 pm, the debate is interrupted. 801 21:00:00 House adjourned at 9.00 pm 801 Notices The following notices were given: DZU Ellis, Kate, MP Ms Kate Ellis to present a Bill for an Act to amend legislation relating to higher education, and for related purposes. (Higher Education Legislation Amendment (Student Services and Amenities, and Other Measures) Bill 2009) HVO Neumann, Shayne, MP Mr Neumann to move: That the House: notes the Federal Government’s ‘Saving Lives in the Water’ measure announced in the 2008‑09 Budget and the priorities identified in the Australian Water Safety Strategy 2008‑2011; calls on the Federal Government to: create and implement an annual National Drowning and Prevention, Awareness and Memorial Day; provide assistance to schools and other education facilities so they are fully resourced to provide Cardiopulmonary Resuscitation (CPR) and First Aid training, and better able to educate students on water safety; establish a national code for pool compliance, legislating that all pool owners be trained, certified and up to date in CPR as part of their pool compliance; devise and support programs to teach water safety to children and toddlers; and implement a national rural and regional swimming program to better equip parents, carers and children in isolated communities. ECV Hayes, Chris, MP Mr Hayes to move: That the House: focuses on the pressing need for organ and tissue donation for transplantation as we approach Australian Organ Donor Awareness Week (AODAW) between 21 and 28 February 2009; recognises that there are almost 2000 people in Australia on organ transplant waiting lists at any given time; notes that recent figures available on the international comparison of donor rates indicate that Australia has one of the lowest donation rates, yet surveys indicate that there is widespread support, showing 90 per cent of Australians are in favour of organ donation; acknowledges and thanks the efforts of the States and Territories across the nation in coordinating activities and sharing best practice to increase donation rates nationally; congratulates the organisers of AODAW in promoting the registration of consent on the Australian Organ Donor Register; supports the efforts of the Prime Minister and the Minister for Health and Ageing to increase the rate of organ donations in Australia; and encourages members to actively encourage Australians in their electorates to register to become organ donors. YT4 Scott, Bruce, MP Mr Bruce Scott to move: That the House: notes that the report of the Beale review of Australia’s quarantine and biosecurity arrangements, One Biosecurity: a working partnership, includes recommendation 59 relating to the importation, subject to strict conditions, of the live foot and mouth virus for use in research; recognises that the risks associated with such importation far outweigh the possible benefits of research; and calls on the: Minister for Agriculture, Fisheries and Forestry to unequivocally and indefinitely reject recommendation 59 of the ‘Beale Report’; and Government to indefinitely and wholly prohibit the introduction of any live culture sample of foot and mouth disease for research or any other purpose. 2009-02-10 The DEPUTY SPEAKER (Mr S Sidebottom) took the chair at 4 pm. 803 Constituency Statements 803 803 16:00:00 Robert, Stuart, MP HWT Fadden LP 0 0 Mr ROBERT —I rise to acknowledge the new student leaders of the northern Gold Coast schools within the Fadden electorate. Australia’s young leaders play an important role in setting a good example by acting responsibly and making positive choices. What is encouraging is that these leaders have been selected by their school and in many instances by their own peers for their potential to make a positive and lasting contribution to their school community. We all know that Australia needs great leaders, and much more will be demanded of these leaders in their schools today and in tomorrow’s community. I am pleased to acknowledge some of Fadden’s school leaders. At Helensvale State School are captains Isaac Ogilvie and Chelsea Keynes and vice-captains Jordan Martin and Sophie Ogilvie; Billabong House captains Taylor Bynon and Rebecca Handsaker; Billabong House vice-captains Jimi Tepania and Sam Taylor; Coolabah House captains Billy Marshall and Jessica Hughes and vice-captains Bailey Court and Laura Micallef; Gunyah House captains Brock Ellison and Alexis Wootten and Gunyah House vice-captains William Mahe and Maddison Bailey; Woomera House captains Taylor Smith and Brittany Odell; Woomera House vice-captains Kaylee Packer and Liam Freedman; stage band captain Brendan Smith and vice-captain Allison Waller; strings vice-captain Bree Morris; and student councillors Zane Taprell, Taneka Tezak, Matthew Duckworth, Elle Ransfield, Bradley Day, Bailee Carter, Charley Carter, Peter Apostolos, Duro Dragicevic, Harriet Munroe, Alicia Dalton, Noah Muller, Nicholas Heaton, Chloe Clarke, Ben Revai, Mira Gietzel, Molly Anderson, Lachlan Pregun, Liam Freedman, Sarah Board, Desiree Climpson, Blake Ashby, Ruan Brits, Skye Elvy, Alison Waller, Sheldon Chetty, Scott McGee, Rochelle Helman, Taylor Bynon, Jesse Brackenborough, Daniel Hawkins, Lauren McGee, Christopher O’Malley, Sean Speight and Lucy Dobak. At Biggera Waters State School are captains Olivia Weckerle and Blake Tanton; Tamborine House captains Danika Selway and Johnathon Odlander; Stradbroke House captains Brodie Wells and Clay Nolan; and Broadwater House captains Sam Hinz and Adelle Herse. The Livingstone Christian College captains are Teagan Romeo and Nicholas Kabiotis. At St Stephen’s College are prefect Wayne Els; prefect and cultural captain Jesse Green; prefect and sports captain Laura Hansen; academic captain Kevin Goh; prefect and academic captain Stephanie Ferguson; prefects Erin Joyce, Rebecca Colman, Logan Churchill, Megan Brake, Joanna Sen, Brandon Nitz, Samantha Lyons and Christopher Lyons; prefect and international liaison officer Christina Lee; international liaison officers Shiho Kagasaki and Gregory Anderson; prefect and cultural captain Elizabeth Kinmont; school captains Craig Wordsworth and Gemma Milne-Soberanas; vice-captains Clyde Robertson and Sarah Coudrey; prefects and Greasley House captains Mitchel Brereton and Jenna Howard; Greasley House captain Natalie Jones; prefects and Bell House captains Sarah Chislett and Jessica Blundell-Thornton; and Bell House captain Nicholas Milloy. 804 804 16:03:00 Combet, Greg, MP YW6 Charlton ALP Parliamentary Secretary for Defence Procurement 1 0 Mr COMBET —I want to take this opportunity to outline the importance of the government’s $42 billion Nation Building and Jobs Plan to the schools in my electorate of Charlton. As is well known, the government has taken this initiative to counter the impact of the global financial crisis on the economy, families and jobs. The centrepiece of the plan is the single largest school modernisation program in our history. It is a $14.7 billion commitment to massively upgrade school infrastructure in every one of Australia’s 9,540 schools. Each of the 64 schools in the electorate of Charlton will receive up to $200,000 for individual school communities to fund much-needed maintenance and renewal of school buildings. Each of the 53 primary schools in my electorate is eligible for up to $3 million to either build a 21st-century library or learning resources centre or build a multipurpose hall so that the whole school community can come together and use it as an indoor gymnasium, for performances or just to bring the community or the school together. I know that the schools in my electorate already see this as a wonderful opportunity to further build on the great facilities that they have been creating. For instance, next month I will be visiting the Cardiff South Primary School to inspect the covered outdoor learning area, which is already under construction. This, however, is only stage 1 of the project at that school. As part of stage 2 of the project, the school has been able to sell some land to fund the construction of walls on the covered outdoor learning area for it to become a much-needed school hall. Kay Nicholas, the principal of the school, has indicated that the government funding announced in the Nation Building and Jobs Plan will be a wonderful contribution because the school does not actually have the money to fit out the hall and this funding will help achieve that objective. The school also needs a new canteen. The principal of the Rathmines Primary School has been in contact with my office also. As, I think, with all primary schools, this principal, Mr Walker, has a number of projects badly in need of an injection of funds and is looking forward to working with my office and the government to bring about those projects in upgrading the infrastructure of the school. Also, the secondary schools in Charlton—every single one of them—will be beneficiaries of the government’s computers in schools program for years 9 to 12, but those secondary schools, of course, can also apply for funding to build new science labs or language centres. These are crucially needed in my electorate. The government is spending $1 billion to provide these new facilities, and I know that every school in my electorate is keenly anticipating making an application to receive the funding. 804 804 16:06:00 Secker, Patrick, MP 848 Barker LP 0 0 Mr SECKER —The Minister for Education and Deputy Prime Minister tried to imply in question time last week that I am opposed to development and funding in schools. This, of course, is not true. I am more than happy to approve funding for each and every school in the Barker electorate. My record on supporting investment in schools and education of our young Australians is there for all to see. In particular, I wholeheartedly supported the $2 billion Investing in Our Schools Program, which was axed by the Rudd Labor government last year. Indeed, I secured for the Barker electorate the third highest funding across Australia under the Investing in Our Schools Program—that is, third out of 150 electorates. These are the documents on the programs. For the benefit of Hansard, I say that this is at least a three-centimetre-thick bundle of individual programs that were supported by the previous government. 1000 Sidebottom, Sid (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Mr S Sidebottom)—Are you tabling them? 848 Secker, Patrick, MP Mr SECKER —In four years, 375 projects were approved in the electorate, benefiting 125 schools and totalling more than $17 million in funding. Just a little over a year ago, before Labor axed the program, I gained funding of more than $160,000 for the Millicent North Primary School in the electorate of Barker. This funding enabled Millicent North Primary School to build a shelter between two major buildings at the school because they wanted an all-weather area for PE lessons, given the number of days it rains there and also for sun protection. Last year the acting principal of Millicent North Primary School, Moira Neagle, thanked me for assisting them to get these grants, saying that the shelter had also been most useful for events such as their weekly school assemblies and their Enterprise Education Fair. Ms Neagle went on to say that, until they got the grant funds, they did not have any interactive whiteboards in the school and that, as well as the shelter, the grant allowed them to purchase four interactive whiteboards. In fact, she described these as fantastic teaching and learning tools which allowed easier display of ideas and visual representations and brought access to the internet for the whole class to see. How did the Deputy Prime Minister and Minister for Education respond to a letter from Millicent North Primary School last week in relation to the economic spending spree? Quite badly. She could not even get their name right. In question time last week, the minister called them the Milton North Primary School. The minister confused Queensland and South Australian schools, not even giving Millicent North Primary School staff, parents, community and students the courtesy of correctly naming them in parliament. That is pretty insulting treatment of a fabulous school in my electorate. If that is not bad enough, if Prime Minister Kevin Rudd has his way then these children at Millicent North Primary School are the generation who will be saddled with enormous debt and deficit. (Time expired) 805 805 16:09:00 Marles, Richard, MP HWQ Corio ALP 1 0 Mr MARLES —Yesterday, a memorial plaque honouring the commander of Turkish forces at Gallipoli and the first President of the Republic of Turkey was unveiled by the Turkish ambassador, His Excellency Mr Murat Ersavci. The memorial was first dedicated on Anzac Day 1985 to mark the 70th anniversary of the Gallipoli landing. It has just undergone a refurbishment in readiness for this year’s Anzac Day commemorations. Kemal Ataturk was the father of modern Turkey. He is remembered at this site but so are the bonds of friendship, which were forged during the horror of Gallipoli. The war memorial is just as much a tribute to the Anzac and Turkish troops who fought so heroically throughout that campaign. Of the 130,000 soldiers who lost their lives on the Gallipoli Peninsula, more than 8,000 of them were from Australia. From this war came a unique international relationship between Turkey and Australia, two countries that, out of a great conflict, became the closest of friends. There is a beautiful quote on the memorial, which was written by Ataturk in 1934 for a visiting British, Australian and New Zealand delegation to Anzac Cove, and it demonstrates the depth of his feelings for all those whose lives were lost regardless of their country of birth: Those heroes that shed their blood and lost their lives … You are now lying in the soil of a friendly country … There is no difference between the Johnnies and the Mehmets to us where they lie side by side … you, the mothers, who sent their sons from far away countries wipe away your tears, your sons are now lying in our bosom and are in peace … They have become our sons as well. My great uncle, Leo Pearce, landed on Gallipoli Peninsula on that day, 25 April 1915. My close friend and colleague John Eren, the Victorian member of parliament for the Geelong based seat of Lara, was born in Turkey and came to Australia at the age of three. His grandfather also fought at Gallipoli and was there on that first day as well, looking down on the beach from the heights of Gallipoli, a witness to the waves of Australian troops who were to disembark. Who would have thought that nearly a century on the grandson and great nephew of those two men could have become such great mates? John describes himself as a Turkish-born Australian. More than 30,000 people in Australia describe themselves in just that way, and another 30,000 more claim Turkish ancestry. Huge waves of migrants arrived from Turkey during the 1960s, perhaps drawn to a country that had loomed large in their imaginations for generations. The first arrivals reached Sydney in 1968 and Melbourne in the same year. Turkish Australians have made a huge contribution to our society. John Ilhan, the founder of Crazy John’s mobile phone company, is just one example of a Turkish Australian who made a success in this country and gave generously to his community before his untimely death last year. In addition to John Eren, Adam Somyurek is another member of the Victorian parliament with Turkish heritage. Gallipoli gave birth to a great friendship between two countries. It gave Australia a proud and wonderful community, and it gave me a dear and loyal friend. 806 806 16:12:00 Moylan, Judi, MP 4V5 Pearce LP 0 0 Mrs MOYLAN —When you pick up a jar of gherkins and read ‘Made in Australia’, you think the food which you have purchased is Australian grown, but in truth, when more than 50 per cent of the cost of production or manufacture was incurred in Australia, ‘Made in Australia’ on the label can actually mean ‘substantially transformed in Australia’. In reality, these gherkins could actually have been grown anywhere in the world but warrant this label because the current government’s current country of origin food labelling system is not clear. Confused? You would not be the only one. The issue of country of origin labelling has been bubbling in the background of the federal government farm lobby group’s media discussion for some time now, but last year, rather dramatically, it was thrust back into the national spotlight with the melamine in food tragedy. Food Standards Australia New Zealand began an investigation into international media reports which indicated a possible contamination of vegetables imported from China, including mushrooms, dried and frozen vegetables and garlic believed to be contaminated by melamine, a chemical linked to the poisoning of thousands of babies in China. In the thick of this debate and sometimes overlooked are growers, the people who supply the fresh, clean healthy produce our country is known and respected for. However, they are the ones being sold out due to lack of food accountability and truth in labelling. Many of these growers reside in the electorate of Pearce. Personally, I share the views of growers and grower bodies that this potentially dangerous situation, which has been going on since last year, could have been avoided if the government had approved clearer and simpler country of origin labelling for processed food and enforced the compliance of these labels for fresh food. I am also amazed that when potential poisonous threats are identified, like the recent melamine scare, there is a lag between pinpointing contaminated products, testing them and removing them from sale. If Australians had strong trace-back and trace-forward mechanisms for food, questionable produce would be removed from shelves faster and consumers would not have to wait weeks and even months to feel confident that their groceries are safe for consumption. Months ago the federal government promised an overhaul of its country of origin labelling laws. We are yet to see any action. Once again, the government has proved that it is all about spin rather than substance. Today I call on the government to immediately act to ensure that all food products can be traced back to their origin. In addition, it should move to label all food products correctly and ensure that retailers are forced to comply with those rules. 807 807 16:16:00 Clare, Jason, MP HWL Blaxland ALP 1 0 Mr CLARE —Most of the schools in the electorate of Blaxland are more than 50 years old. Some are almost 100. I spent my first 100 days as a member of this place visiting every single one of them. Every one of them needs our help. Some need a toilet block fixed, some need a new roof and some need playgrounds repaired. Some need new carpet. Some need repainting and some need wall cladding. Some need air conditioning. Some of them are just a city of demountables. In the first speech that I made in this place, I talked about what I found. I said: Let us be the government that again invests in public education. Let us be the government that ensures postcodes do not determine opportunity. It is no small request, but I am proud to stand here, almost 12 months later, feeling sure in the knowledge that we are that government. The announcement by the Prime Minister last week means that more than $99,975,000 will go to those schools—almost $100 million. Most of it will go to the 39 primary schools in Blaxland—39 places that will help to determine the future of this country and 39 places that really need our help. That is what has been told to me by the principals that I have spoken to over the last 12 months. It is what they have told me in the principals’ forums that I have convened over the last 12 months. I will use this opportunity to read onto the record some of their thoughts on the announcement from last week. This is Mark Diamond, Principal of Lansvale Public School: I am delighted that Public Primary Schools are finally being recognised for the vital role they play in community building. We all know that if you want to make a difference, you start with the youngest students in schools. It is about time primary schools received their share of the investment the government is making in the future. I could cry when I think about the potential projects I could undertake on behalf of my learning community with this funding. The palpable lift members of our community feel when school improvements occur is significant. I know that I am biased, but I can’t think of a more appropriate way to stimulate the economy. This is from Kay Campbell, Principal of Old Guildford Public School: We are over the moon about the billions of dollars to target infrastructure in Primary schools. This is a fantastic initiative, I have discussed the possibilities with our parent community and they are absolutely ecstatic. We have waited so long for recognition that Primary education plays a vital role in the formative years of every child’s life. Even more so in the disadvantaged schools where communities are unable to ensure that students also get the best possible buildings and facilities. …            …            … Thank you for putting Primary education back on the political agenda, a well educated and harmonious community is critical to our country’s future successes. What wiser investment could we make? What indeed, Mr Deputy Speaker? 808 808 16:19:00 Billson, Bruce, MP 1K6 Dunkley LP 0 0 Mr BILLSON —Mornington Peninsula Youth Enterprises has been helping our community for a decade and now it needs our help. It was established mainly to help people whose lives have gone off the rails, those who are too difficult to work with, those with issues of substance abuse and other behavioural challenges, to give them a chance to find themselves, to get a solid footing in their lives, to address those other factors and then move forward with opportunities for the future. Russell Ardley, former Citizen of the Year of Mornington Peninsula shire, and his very committed band of volunteer committee members and the many dozens of volunteers who help out need our help now. There has been a withdrawal of Work for the Dole places from Mornington Peninsula Youth Enterprises. They used to work very closely, and still do, with what was Your Employment Solutions, but then that got bought out by WorkDirections and now has had another incarnation. The net result is those Work for the Dole programs are not available any longer and the funding that accompanied them, that underpinned some of the operating budget of Mornington Peninsula Youth Enterprises, is not there either. So they are now facing an operating budget shortfall of about $50,000 a year. But rather than sit back and sulk and get unhappy about these things, Russell and the team are looking for new revenue opportunities. In those 10 years they established a number of activities that help support their overall training and youth support functions: delivering training as a registered training organisation; a plant nursery; support for environmental care projects; metalwork; art; and woodwork. They even have a farmers market. All operate as part of a broad community that is engaged and activity focused. They are also looking at propagating mangroves. It is not an easy task. We are on the Port Phillip side of the peninsula. The Western Port side has quite an extensive remangroving operation. Harvesting stock for mangroves is not an easy thing to do. Russell is looking at doing that and we should support that endeavour. It is an innovative way of dealing with the financial difficulties that Mornington Peninsula Youth Enterprises faces. To those members of our community wanting to help, consider buying some of the locally propagated native plants from the nursery; to local community organisations, look at getting your training through the RTO; to local businesses looking for training in horticulture, handling chainsaws, first aid and the like, consider getting it through MPYE; and to local councils looking at revegetation programs, think about MPYE as a source for that revegetation stock. In the few seconds that I have left I really need to address the future of Frankston Reservoir. The state government, through the Department of Sustainability and Environment, has said to Frankston City Council, ‘Here it is. Take it or leave it.’ Of the $2 million that was there supposedly to accompany the transfer, about $400,000 to $500,000 has already been used just maintaining it. We need to make sure that that resource is properly managed for the future. It is not a ‘hospital pass’ that local taxpayers need to pay for. We need to find a sustainable solution. (Time expired) 809 809 16:22:00 Thomson, Craig, MP HVZ Dobell ALP 1 0 Mr CRAIG THOMSON —I rise to pay tribute to the Toukley and District Senior Citizens Club. It is a club my colleagues from Shortland and from Robertson know well and appreciate, particularly the member for Shortland, as previously the Toukley and District Senior Citizens Club fell within her electorate. It was only at the last election with the boundary moves that it has come to Dobell. I would like to pay tribute to Mr Bruce Kirkness, who has been president there. Even though in the past few years Bruce’s health has not been all that good, he has continued to oversee what is the largest seniors club in Australia, with over 6,000 members. These are very active seniors. In fact, the motto of the club is: ‘Old dogs can be taught new tricks and life does begin at 50’. They really do believe in this motto at the Toukley and District Senior Citizens Club. The sorts of activities that are undertaken are a lot more than just housie. There is housie; exercise; importantly, teaching older Australians computers; a variety of craft groups; sporting groups; dance groups; a choir; and indoor games groups. There are a whole variety of activities that are undertaken and organised by the Toukley and District Senior Citizens Club which benefit the local community. That is why it is such a large club—6,000 members. This is a club that raises its own money. It does not rely on grants from either the state or the federal government for its recurrent funding. It is totally self-funded in that sense. They have a wonderful canteen there. I advise anyone who is visiting the electorate of Dobell to go to the canteen of the Toukley and District Senior Citizens Club. You can get some beautiful sandwiches that they make daily. They are very fresh and terrific. But I do give a word of caution: if you are there just dropping in—as I was just dropping in one day, as I do rather regularly—be prepared to be roped into an activity. When I was there, I spent half an hour linedancing. That was not the intention of my visit, but they saw a new person come in and they said: ‘Here we go. Let’s get him involved in one of the activities.’ I did think it may have been a reflection on my grey hair. Perhaps they thought I was getting close to 50—which I am not. It was wonderful to be welcomed to the club. This is a terrific club in this area—one that welcomes people of all ages, but particularly those who are over 50. I commend the work of the Toukley and District Senior Citizens Club. It is a great pleasure to recognise them here. 809 809 16:25:00 Simpkins, Luke, MP HWE Cowan LP 0 0 Mr SIMPKINS —I rise to speak today on the circumstances in the Middle East, in particular the recent conflict in the Gaza Strip. Based on reports by much of the media, it would seem that the conflict is between the murderous Israelis and the peace-loving Palestinians led by the moderate and progressive Hamas leadership. If this were not such a serious matter, involving the lives of children, I would consider the majority of the media reporting an absolute joke. I find it short on historical perspectives and completely devoid of a contemporary context. Hamas is an organisation committed to the destruction of Israel, but it does not have the capacity to achieve it—not that they would not do it if they could. Yet, because Iran is unable to provide Hamas with the weapons in the quantities that Hamas desires, the leadership has to adopt other means to attack Israel. It is good that the security fence has been able to restrict the suicide bombers that terrorised Israel for years. The contemporary context, therefore, is that Hamas and previous controlling factions have been militarising and indoctrinating children to a hatred of Israel that helps Hamas recruit extremists and allows them to fire some 10,000 rockets in eight years from civilian areas. The number of rockets fired since the 2005 Israeli withdrawal from Gaza has increased. It is therefore appropriate to clearly state my opinion of Hamas: pathetic men who recruit children to do their dirty work, cowards who for years have fired their rockets at Israeli citizens from civilian areas in the hope that Israel will fire back and unintentionally inflict civilian casualties that will then be exploited as a propaganda coup by Hamas. Hamas are the first ones to promote the photos of Palestinian children killed and injured as the result of Israeli reprisals, yet at these times they do not promote the photos of very young children holding real and toy weapons or marching together in the ranks and files of what appear to be military units of 10-year-olds. I would also say that one of the main leaders of Hamas promotes their cause from the safety of Damascus, in the true style of cowardice and double standards, exposing his people to great risk from a safe location. The two-state solution is the only way ahead, but in the way is the fundamental hatred and opposition to Israel. The indoctrination of Palestinian children with the support of their parents is clear evidence of how far the peace process has to go. It is my position that Israel has a right to self-defence against Hamas rockets. While I look forward to a lasting ceasefire and a return to the peace process, I worry for the future and for the innocent people who have been dragged into this conflict. While Israel has allowed in humanitarian aid, food and power all along, the blockade that it imposed on Gaza in 2007 after Hamas ejected Fatah will not be lifted until Hamas recognises Israel’s right to exist, renounces violence and accepts the previous Israeli-Palestinian agreements. While the Hamas charter calls for the destruction of Israel and the extermination of the Jews there is little hope. There is no evidence that Hamas wants peace or coexistence with Israel. There cannot be negotiation until Hamas publicly and officially recognises Israel in all regards. 810 810 16:28:00 Neal, Belinda, MP B36 Robertson ALP 1 0 Ms NEAL —I rise with great pleasure in this parliament today to table a petition of over 17,000 citizens of the Central Coast. The purpose of this petition is to draw the attention of this House and the government to the urgent need for the establishment of a radiotherapy unit on the Central Coast. At the moment there are many people who are suffering great hardship, who are obviously sick and who have to make an arduous journey either to North Sydney or to the Hunter. This is a situation that must change. This petition rightly draws attention to this issue and to the fact that the people of the Central Coast are suffering because of the lack of this service. They do have other options. They can have radiotherapy at a private clinic and pay many thousands of dollars, but that is often out of their reach. Alternatively, they can not have the treatment at all. Unfortunately and distressingly, some people on the Central Coast have actually taken that option, bearing in mind that they did not feel that they could suffer that arduous journey nor could they afford the cost of the private treatment. It is extraordinarily heartbreaking to hear that sort of situation. Certainly, I have made very strong representations to the Minister for Health and Ageing, Nicola Roxon, raising this situation with her. I have made a commitment to the coast and the people there that I will not rest until this is achieved, and I will continue to raise this issue in the parliament. I wish to particularly thank those citizens of the Central Coast who took the time to sign this petition. Some 17,367 people signed this petition, and many businesses and the councils of Gosford and Wyong not only assisted but also allowed these petitions to be placed in public places such as their libraries. So I particularly thank those people who assisted in that way as well as, of course, Kathy Smith from Cancer Voices, who also did a great deal of work in this regard, and the many other volunteers from Cancer Voices on the Central Coast who assisted. I thank the chamber for their indulgence, and I urge the parliament and the government to take every step necessary to resolve this problem. The petition read as follows— To the Honourable the Speaker and Members of the House of Representatives This petition of citizens of the Central Coast region of New South Wales draws the attention of the House to the urgent need for a public radiotherapy unit to treat cancer patients and others on the Central Coast of New South Wales, who at present are experiencing considerable hardship, being forced to travel long distances or pay for treatment at a private clinic or, in some cases, give up treatment altogether. We therefore ask the House to pursue all means to provide funding for the establishment of a public radiotherapy unit on the Central Coast. from 17,367 citizens Petition received. 1000 Sidebottom, Sid (The DEPUTY SPEAKER) The DEPUTY SPEAKER (Mr S Sidebottom)—Order! In accordance with standing order 193 the time for constituency statements has concluded. 811 Motions Debate resumed. That the House: extends its deepest sympathies to families and loved ones of those Australians killed in the weekend’s tragic bushfires in Victoria; records its deep regret at the human injury, the loss of property and the destruction of communities caused by the weekend’s fires; praises the work of emergency services, volunteers and community members in assisting friends and neighbours in this time of need; and acknowledges the profound impact on those communities affected and the role of governments and the Australian community in assisting their recovery and rebuilding. 811 16:31:00 Pearce, Christopher, MP A8W Aston LP 0 0 Mr PEARCE —I rise today on behalf of the people of Aston to offer my support to the condolence motion relating to the Victorian bushfires which was moved by the Deputy Prime Minister. Mr Deputy Speaker, as you would know, the electorate of Aston is not all that far from the beautiful electorate of McEwen, where most of the tragedy at the moment in Victoria is taking place. I am sure the comments that I want to make today will in no way be able to convey the horror of those who have faced the bushfires and survived, the despair of those who have lost loved ones to the inferno or the devastation of homes and farms and indeed whole towns. But I hope the contribution I want to make to the condolence debate today will go some way to touching the hundreds and hundreds of people who have been affected by this terrible event. Of course, many colleagues on both sides of the parliament in recent days have been making contributions about this dreadful event. My contribution to this debate can, I guess, be summed up by saying that it is all about hope—a solemn hope that the men, women and children who have faced this atrocity will be capable in some way of returning to lives of peace and fulfilment; a solemn hope that those who have lost their loved ones can find it within them to continue on that journey with the love and support of all the people around them. It is the voice of hope that many survivors of this catastrophe employ when they are talking to people in the community at the moment. When asked by the media what they will do now after their families have been ruthlessly taken from them or their property has been decimated, they often say that it is hope that they are holding on to. For our fellow Australians who have been directly affected by the bushfires to have hope under such circumstances shows courage of the first order—a courage which few are ever asked to display and which even fewer should ever need to draw upon. It is that very courage that I have been humbled to witness again and again as men and women—some young and some old, yet all tired and drawn—speak with a sense of purpose about rebuilding their lives and, as one victim remarked, getting back to normal. It is this truly indomitable spirit, this strength of will, that reminds me of the great character Australians lay claim to, a character which is on display even in the face of unspeakable horror such as that we have been seeing. There will, of course, be those who have witnessed this unspeakable horror, and they will carry the psychological impact for the rest of their lives. I acknowledge the first-rate commitment of the many people who are providing immediate support to those who understandably need help in tolerating the hell that they have experienced. I am not going to attempt today to chronicle the suffering of our fellow Australians but I want to reflect on the hope the survivors have quietly nurtured and the hope that imbues all our respective communities. Communities, of course, take many forms and this place is as much a community as any other. It is one which more often sees its members drawn to debate rather than deferring to each other, but the hope of the survivors permeates us as we stand together in response to this crisis. We talk about communities; this crisis has impacted upon many, many communities, all communities across Victoria. I particularly want to talk about my community of Aston. I want to pay my respects to the CFA volunteers that are based in the electorate of Aston: the volunteers of the Rowville CFA, the Scoresby CFA, the Bayswater CFA and the Boronia CFA. I have spoken to each of the stations in the last couple of days, and all of them are deployed in various locations throughout Victoria doing what they can to support the fires. I also want to pay my respects and give my thanks to the many charitable organisations, and others, who are providing wonderful assistance and support to the victims of these fires. There are hundreds and hundreds of people involved in these organisations. An organisation which is very close to my heart is Anglicare Victoria. I am a director of Anglicare Victoria; I sit on the board. They are doing wonderful work right now throughout regional and country Victoria, offering their support and their services to the many, many people that need help. At this time, I also particularly want to encourage and to mention our parliamentary colleagues, and their constituents, who are directly affected by this crisis: the member for McEwen and her constituents, the member for McMillan and his constituents, the member for Gippsland and his constituents, the member for Indi and her constituents, the member for Bendigo and his constituents, the member for Mallee and his constituents and the members and constituents of the neighbouring electorates of La Trobe, Casey and Wannon, who have also been impacted. As I say, Aston comes very close—it is a neighbour of La Trobe and Casey—and so we are very close to where this crisis is happening. In my own electorate, I have encouraged all people of Aston to do whatever they can to support people in their hour of need. I have encouraged them to do that by contributing as much as they possibly can to the many funds that have been established to support the victims of the fire and also, if possible, by giving blood to the Australian Red Cross at this time. We stand here united as one parliament, as one community of representatives, seeking to understand, to truly comprehend, what has happened—indeed, what is still happening and what is yet to happen—in the communities of Victoria that have been touched by the bushfires. This crisis is still unfolding before us, and temperatures this coming weekend are expected to increase across Victoria. That is very concerning for all of us. Every single one of us is committed to working in the best interests of those communities who have been devastated by this fire storm. We do that by putting in place immediate measures to assist those most in need. It is in a spirit of bipartisan camaraderie that this parliament tends to the first principle of government: the protection of its citizens. Of course, this applies to threats domestic as well as foreign, both of man and of nature. And diligently, ever so diligently, we foster the hope that those individuals who have been touched by this disaster can regain some semblance of normality and that the victims know that we are thinking of them, we are indeed working for them and we will never, ever forget them. 813 16:40:00 Shorten, Bill, MP 00ATG Maribyrnong ALP Parliamentary Secretary for Disabilities and Children’s Services 1 0 Mr SHORTEN —I rise to support the condolence motion on behalf of all the people in Maribyrnong, whom I know would wish to have voice and express sympathy and, indeed, their helplessness at the tragedy that has unfolded. At this time it is hard to know what to say exactly. Fires are burning still and people are suffering still. I understand that no words can compensate for the loss of loved ones or fill the holes of horror that people are experiencing. We have all seen the pictures and the footage and heard the anguish in the voices of people caught up in this unexpected disaster. We are in a state, I believe, of disbelief at the fatalities, the injuries, the scale of the destruction and the speed and violence of the fires. This is a tragedy that started with nature but finishes with people. There are too many people today who are grieving the loss of irreplaceable individuals. Despite this, I am amazed also by the courage that people have shown in the face of this disaster. The desire to help and the willingness to risk life to save neighbours that has surfaced during this disaster are a tribute to the human spirit. I know this area. I have spent time there throughout my life, both for work and for pleasure. I attended school camps at Marysville and I remember the beers I had as a university student at Flowerdale and St Andrews. To witness the beautiful town of Marysville destroyed has shocked me deeply, as it has others. As a young AWU organiser I tried to sell union tickets at Lake Mountain and throughout the district. I have handed out for Labor at Alexandra, the town that is now at the centre of the evacuation effort. Like most Victorians and many Australians, I have spoken to friends and colleagues who have lost their homes or suffered worse. To face the catastrophe of losing your home is a dreadful, bewildering shock. This is a feeling being experienced by at least 5,000 people in Victoria right now. People have lost so much: clothes, books, photos, the school lunch boxes, the children’s water bottles, pets, livestock, mementos, the old sheds full of the archives of lives richly lived—all the things that together add up to a life. There are the lost homes, which were a testament to life savings and future plans, and the lost lives, which are a testament to things that can never be. My sympathy goes out to all of those people, but amongst them I wish to record some whom I have been friends with for a long time and who have been caught up in this: Perci and Mala Pillai, who lost their house in Kinglake on Saturday night; Cesar and Jane Melhem, who had a fire come within metres of their farm at Glenburn and who reported to me today that the fire is again within two kilometres of their farm; Denise Power and the others helping out at the Diamond Creek community centre; and Barbara Stephens, who lost her house at Kinglake and experienced a harrowing drive to safety past scenes of death and destruction. The parents of Annette Hibberd, who works in my electorate office in Melbourne, had prepared themselves to lose their home in Bendigo, only to be saved by chance and the help of neighbours and the CFA. Annette has written to me: My father, Eddie, woke up on Saturday morning to weather conditions he had never experienced in a lifetime in Bendigo. The intense heat and blustery wind conditions made him and his wife, Maureen, question the possibility of fire, question their safety and the safety of others. The police had swept the area asking locals to evacuate, unless they were prepared to stay and defend their homes. Maureen started to pack together some valuables and load up the car, preparing for the worst by packing torches, blankets, food and water. With the power out, Maureen and Eddie decided on where she should evacuate to, and a meeting place if things got worse. At this stage Eddie’s friend Yilmaz arrived, and his wife, Mijgam. They had just fled their property and at this stage thought it had been ruined. Mijgam was traumatised as the crowning fire had engulfed their street. Yilmaz is a 73-year-old, born in Turkey, who had recently suffered a heart attack, and who thought he had just lost his home and his life’s work. Still he automatically helped to defend my family’s property. For this, my father and family will always be grateful. He was a true Aussie mate. The fear of the unknown was crippling, without communication and the unpredictable nature of fire, only time could tell what lay ahead. The men on the street then proceeded to defend their properties against the falling embers and erupting spot fires. In a time of the unknown, the street came together to help each other. Neighbours who barely knew each other fought to save each other’s homes. The men could see the fire getting closer, but fortunately for this area a massive cleared section was holding off the flames. Then the wind changed and the fire quickly began to move away from their homes. In the bigger picture of the last few days, this is a minor story and one with a happy ending, but it is one of thousands of cases of people selflessly helping each other through the disaster. Many of the stories of heroism will perhaps never be told. I would like to acknowledge all the fire and emergency services and all those volunteers and others who support them in the community. I would like to mention members of my old union who were constructing the north-south pipeline, who turned into firefighters over the last three days. I particularly wish to draw attention to the efforts of the green-overalled DSE firefighters, who I, along with Ben Davis, Cesar Melhem and Sam Beechey, represented during my time with the union. Sometimes they do not get the coverage which their efforts deserve. These firefighters who are tasked with defending national parks are employed by the state government of Victoria. They have been working 30-hour shifts during this disaster. They have routinely been in highly dangerous and unpredictable situations. They drive bulldozers, trucks and other heavy machinery. They do hot refuelling, chainsaw operation and rake-hoe trails. In short, they are at the frontline of all major firefighting operations, cutting fire breaks, protecting houses and guiding people out of danger. Indeed, cutting fire breaks involves rappelling out of a helicopter, down into four-storey walls of fire and cutting away the vegetation at the front of the fire. With the severe wind changes on Saturday, it was reported to me that the fire front would often jump over the control lines, leaving firefighters to shelter on the lee side of their trucks while the fire roared overhead. One firefighter reported that the external fittings of his vehicle melted as he outran the fire near Kinglake. All of this was done in the knowledge that their own homes were in harm’s way of fire and could be lost. Indeed I know that the DSE firefighters in Marysville, as many others, have lost their own homes while saving others. Two of my old delegates—Rod Lynn and Mick Appleton—fought to save other homes while not knowing if their own homes were safe. I am pleased to say that in the case of these two gentlemen their homes have survived. On top of physical risk, the frontline firefighters carry the psychological burden of dealing with a tragedy of this scale. The project firefighters from Warrandyte were among the first into Kinglake and found dead and profoundly injured and burned people. I record my sympathy and give thanks to the team and their crew leader, Con Kosmas. They saw scenes that they will never be able to forget. They share this with all firefighters and volunteers, shire and council workers, hospital workers dealing with burns victims and traumatised people and indeed funeral workers. These people do not leave when the media leaves but are left dealing with the aftermath of the tragedy for many months and years to come. These marvellous people—both the volunteers and the professionals—do not do their good deeds for money or recognition but because they are professionals who want to do the right thing for the community and for their mates. Thousands of Victorians have gone above and beyond the ordinary over this weekend and will continue to do so in the weeks and months ahead. All of them are heroes. As a community we cannot thank them enough but we have obligations to them which we can honour. We must ensure that all are supported in dealing with this catastrophe. We need to ensure the workers have proper equipment, proper conditions and proper wages. We need to ensure that there are enough staff in winter as well as in summer to do the clearing and the fire prevention measures. Many employers are extremely supportive of their workers volunteering, but this can still be improved and strengthened. Those who have lost loved ones or homes in this tragedy must get support from their insurers, who must be encouraged not to take the low road of litigation and cost saving. In the future we will need to again look at building design, not so that we can avoid the peril of bushfires, because that cannot be avoided, but so that we can ensure that to the extent humanely possible we minimise the damage that fire does to our communities. Just as the schools in the Dandenongs were rebuilt in the 1980s after Ash Wednesday, we need to look at whether and how we can make homes safer, whether we need to look at the role of fire bunkers in private homes in bushfire prone areas. I am also aware that we need to incorporate the needs of people with disabilities into our evacuation and fire management plans. Premier Brumby, who has been decisive in this terrible hour, has called a royal commission into the Victorian fires. This will follow the line of inquiries into Ash Wednesday in 1983, Black Friday in 1939 and other inquiries held after tragic events. Let us ensure that we line up all the lessons we have learned from our history in this fire-prone country and ensure that the next time fire strikes we have done all we can to save lives and our homes. I believe that by learning from this and from lessons of the past we will simply be repaying our debt to the victims and the heroes of these terrible fires. 816 16:51:00 Hunt, Gregory, MP 00AMV Flinders LP 0 0 Mr HUNT —Mr Deputy Speaker, 16 months ago I stood in the compound of the Australian consulate in Bali. That was the fifth anniversary of the Bali bombing. I spoke with families—the mothers and fathers, the sons and daughters, the husbands and wives and the brothers and sisters of those who were lost on that terrible day in 2002. On that day I did not expect that the day would come when the 88 Australians who were lost in Bali would find their numbers doubled on our own soil. As we speak, double that number have been lost, and the sad and tragic expectation is that there will be more. The sons and daughters, the mothers and fathers, the brothers and sisters and the husbands and wives in Bali now, sadly, have cousins in Victoria. No Victorian is untouched by this. As a member representing a semi-rural seat to the south-east of Melbourne I know that 36 fire brigades from within our area have been or are currently fighting these fires. They have picked up their lives and themselves, taken their trucks and been at all the different fire fronts in Victoria. So we see at this moment that, where in Bali I had not thought it possible that we would face such a peacetime tragedy in Australia, it has been surpassed in all the worst possible ways. So to Black Friday and Ash Wednesday we now add our own Hell Saturday. To all those who have been lost, we will take care of those who remain. To all those who remain, we will help you. To all those who have helped—to the CFA, to the SES, to the volunteers from the Red Cross, to the churches, to the service clubs and to the police, whom I know from talking to others close to them have faced terrible and horrific sights and circumstances in their own towns—we say our greatest thank you. So we find the best and worst of Australia: the worst that nature delivers; the best in our humanity. And the best is something fine. There is no doubt about that. It tells us that as a society we are perhaps a little better than we had realised. Unfortunately, we have found that out under the worst circumstances. I have spoken with many of the CFA group captains in my area, including Tony Brown from the Peninsula Group. Of the 36 CFAs in our area, his contingent alone includes Boneo, Dromana, Flinders, Main Ridge, Mount Martha, Rosebud, Rye and Sorrento. They have been fighting fires right across the state. We know that they have been in the Kinglake complex area. David Gibbs, a board member of CFA Victoria, who is the group officer for the Westernport Group, told me that, at Kinglake, there are firefighters from every one of his 13 CFAs: Balnarring, Baxter, Bittern, Crib Point, Hastings, Langwarrin, Moorooduc, Mornington, Red Hill, Shoreham, Somerville, Somers and Tyabb. They have seen it all. They have been in Gippsland, they have been at Bunyip and now they are at Kinglake. He said, ‘For those who are at Kinglake, we will need to help them.’ He knows this because he has spoken to them. He knows of one senior CFA officer who, in saving other houses, is likely to have lost his family. He said that every one of these firefighters will need special treatment when they come back. He said: ‘You put your hand to the wheel. That’s what they do. These guys just say to me that you put your hand to the wheel.’ His only joy in all of this is that, as the controller for the Westernport Group, he did get to close EastLink twice, and that brought him a certain measure of delight. But, at the end of each conversation that we have had, he remembers that this is as painful as it gets. The other groups who represent the Mornington Peninsula and the Bass Coast come from the Bass Coast region—Bass, Corinella, Dalyston, French Island, Glen Alvie, Kernot, Kilcunda, Phillip Island, San Remo and Wonthaggi. In some cases, the CFAs have come from the smallest towns to protect the smallest towns. They have been in Mirboo North, Cranbourne, Bunyip and Churchill—names which we will remember. The CFAs from the Casey Group come from Clyde, Pearcedale, Warneet, Blind Bight, Devon Meadows and Tooradin. They have fought fires at home in Casey and they are now fighting them at Gembrook. The people in our local brigade from Cardinia come from little towns such as Bayles, Koo Wee Rup and Lang Lang. These are the people who have gone to the fires, who have faced the fires, who have protected people and property and who have done all that they can to help their fellow Victorians. So, very simply, there has been no lack of short-term preparation. The day before the fire on Saturday, David Gibbs told me at length of the horror day that he thought they would be facing. They were forewarned and forearmed. They were prepared and deployed. Yet still this fire was too great. There may be long-term questions, which are questions for another day, about fuel reduction, building standards and the places in which we build. But that is for the future. For now, I say very simply: to those who are lost, we will take care of those whom you have left behind; to those who remain behind, we will support you; and to those who have fought the fires and to those who have supported those who have fought the fires, we thank you. 817 16:59:00 Vamvakinou, Maria, MP 00AMT Calwell ALP 1 0 Ms VAMVAKINOU —I rise today to express my deep sorrow at the devastating, tragic loss experienced by my fellow Victorians. We now hear that 176 people have been killed, in excess of 5,000 people are homeless and some 750 homes have been destroyed as a result of what has now become known to all of us as Black Saturday. I join with my colleagues in offering my condolences in this parliament, and I do so on behalf of my constituents in Calwell who, like every Victorian and indeed Australian, would have been profoundly touched by this catastrophe. What makes this tragedy especially hit home is that my electorate borders the federal seat of McEwen, which has sustained some of the greatest loss of life. We have many similar historic and picturesque semirural townships, and it could easily have been us. In fact, when I woke up on Sunday to awareness of these tragic events, my thoughts went to the township of Sunbury with its rolling hills, the quaint and picturesque town of Bulla and the vineyards of Wildwood, Goona Warra and Craiglee, to name but a few, as well as the historic Emu Bottom Homestead and the Woodlands National Park. When I think of these towns, I cannot begin to imagine them not being there. Tragically, this is the reality for townships such as Marysville, Kinglake, Churchill, Flowerdale and many others. I want to take this opportunity to express my sympathy to the member for McEwen, Fran Bailey, and to other members whose electorates have sustained such tragic losses. When we left here last week, Victorians, including me, were going home to a warning from the weather bureau that we must prepare for extreme temperatures on Saturday. We had already experienced three consecutive days of extreme heat the week before, so I, like many, spent most of that day at home indoors, unable to venture out because of the oppressive heat and strong winds. It was a very ferocious and ominous wind; I guess it was a foreboding of something very evil that we were about to be hit with. Of course, none of us could possibly have anticipated that on Sunday morning we would wake up to the news of deaths, the beginning of an unthinkable death toll that continues to mount. The announcement late Sunday night that former newsreader Brian Naylor and his wife, Moiree, had perished I think initially put a face to the tragedy and to the mounting number of deaths for every Victorian, because Brian was someone we all knew. Brian Naylor lived in Kinglake, a popular location—one well known to me, anyway, and many others. In recent years, Kinglake had become a preferred destination for families to build their homes, and many did. Today, as newspaper photographs emerge of those who have perished, we are becoming even more painfully aware of the people who have not survived this tragedy. Entire families have died, children have been taken from their parents and many more remain missing and unaccounted for. Most tragic of all, though, is the extinguished lives of the young children, with so much to live for; it touches us and leaves a most lasting impression. Like many others I have listened to people talk about their experiences—the stories of miraculous escapes and the stories of those who did not make it. Survivors have spoken of the speed and ferocity with which the fire raced through their communities, and we grieve with them because they are our community and we share their pain and we most certainly feel their loss. We always marvel at the selflessness of our emergency services personnel, but it is also important to acknowledge those men and women who represent our volunteer contingent. I want to pay special tribute to these people who choose to provide this service to the community. We are grateful to them. We are dependent on these volunteers at times such as these. Often we take them for granted because we expect them to always be there and we do not appreciate the magnitude of their work, nor do we fully understand the dangerous environment that they operate in, often at great personal cost. We therefore praise their efforts and offer them our deepest gratitude. In particular, I want to acknowledge the contribution of my own local Craigieburn CFA staff and volunteers who are helping to battle the fires around the state. I know them well. Their members come from a long family tradition of involvement in CFA activities. My local paper, the Hume Leader, reports one of the many examples of the dangers Craigieburn CFA staff and volunteers face, and I just want to record that for the purposes of this debate. On Saturday many of the Craigieburn CFA volunteers had a very lucky escape when their official five-seat ute went up in flames at Kinglake. Craigieburn CFA volunteer John Payne, who helped fight the fire in Kinglake on Saturday, was grateful that no-one had been hurt but reflected on the experience as being ‘the worst day of my life’. Despite this near miss, he has pledged to continue to serve the community, saying: “… while they need us we’ll be there for them.” CFA fire officer Joe Cardamone, also reflecting on the impact of this tragedy, said: We are trained to fight wildfires but when it comes to dead bodies, you just can’t train for that … but we have a community to protect. My other local paper, the Sunbury Leader, reports of the involvement of the Macedon Ranges and Sunbury CFA volunteers attending the fires in the townships of Wallan, Kilmore and Wandong. Sunbury First Lieutenant Steve Riley reported that two trucks with 10 Sunbury members went into the devastated areas on Saturday night. He said that 30 Sunbury members were now being rotated with the capacity to keep going for another week. The station had received about 15 to 20 calls on Saturday night due to the heavy smoke. He said, ‘Our volunteers are making an enormous effort.’ He also said that, even though they were seasoned firefighters, he describes the fire scene as ‘horrific’, with no-one being able to anticipate there would be so much devastation in so little time. The Premier of Victoria, John Brumby, and the Prime Minister, Kevin Rudd, have rightly said that we will rebuild these communities—and rebuild we will. We will rise to this challenge, as Australians have done many times before. Of course, it is easier to rebuild buildings, but you can never bring back those who have died. The best we can do is support their loved ones and help them deal with the emotional trauma that inevitably follows such a horrific event. It is not just Australians who have been horrified by this tragedy. The international community has also seen the devastation through lead stories in news bulletins across the world. Our expats and Australians who live abroad share our grief. They have family and friends here in Australia and they are also anxious about the events unfolding in Victoria. I have had a number of phone calls from my friends and families who live abroad who want to know how they can help and what kind of assistance they can offer. Many of them are making contributions through the Australian Red Cross. The reality is that our community is in deep trouble but the reality also is that all of us are pitching in. We see this through the actions of the Australian government and the Victorian government but we also see this outpouring of support from the corporate sector. I am talking about the banks, the supermarkets, the insurance companies and other organisations who are donating considerable amounts of money to the bushfire appeal fund. Everyone is rallying to provide whatever support they can to the victims of such unspeakable devastation. As a people, we have always been generous in coming to the aid of other disasters abroad, and now that same generosity and support is overflowing for our fellow Victorians. But even with this support, we can never replace the more precious loss of life and memories, and we therefore grieve for those who have lost their lives. While most Australians have come together to help at this time and support each other, it really defies comprehension that there are people amongst us who could have willingly and wilfully set in train some of these events, and this hurts us even more. Being overpowered by the forces of nature is one thing, but succumbing to a deliberately instigated disaster is incomprehensible. It is, as the Prime Minister said, an act of murder. Finally, when the dust settles, we have to feel for the people who are going to have to make decisions as to whether they stay and rebuild their homes and their lives. Whatever they decide to do, whatever their deliberations, they should be certain and secure in the knowledge that the Australian community stands with them. 820 17:09:00 Costello, Peter, MP CT4 Higgins LP 0 0 Mr COSTELLO —This has been an awful week. It has been an awful week for our community and our state, and we are hurting. We are hurting as much as we have ever hurt before, with the greatest loss of civilian life from any natural disaster in Australia’s history—a death toll over 170 and still rising; an extraordinary loss of life which will touch so many people in Victoria and beyond. We are bewildered that these events could have happened on such a devastating scale and we are bruised by these events. The events of the last 72 hours have caused a horror not just in Victoria but in Australia and around the world. There is something particularly gruelling to know that young children have been killed and to see families who have huddled together and died in their homes or been incinerated in their cars in communities that we all know well and have all visited. This has occurred amongst us with a ferocity that, with all our technology, we were unable to stop. Our hearts go out to those who have lost friends, neighbours and relatives. I received word last night that David Stokes perished while defending his farm at Upper Plenty. I shared many camps with him when working for OAC Ministries. I want to say to Jenice and his family that our thoughts and our prayers go to you. He was a loving father, a faithful husband, a committed Christian and a hardworking farmer. We do not know why he was taken but our hope and our consolation is in our faith and his faith. These are questions that we will never be able to answer. I spoke yesterday to Ray Evans, who will be known to many in this parliament. He was at Marysville on Saturday morning. He woke up and said it was so hot at 8 am that he decided to leave. There was no threat of bushfire. He said it was just too hot and he went down to Melbourne. He has seen footage on the news of his home, which has been destroyed, but his life was saved because he took that fateful decision to leave on Saturday morning. This is how capricious a fire is. Some lose their lives and some do not; a house is burned and another one saved; a wind change takes a fire around one farm and into a neighbour. It is completely capricious, untameable and unstoppable. Those of us who were in Victoria on Saturday knew it was going to be a bad day. When you got out of bed you knew that it was going to be one of those scorchers, and eventually it peaked at 46.4 degrees, the hottest day that Melbourne, anyway, has ever had. We knew that after a month where there had been no rainfall this was a tinderbox. The week before we had had almost a whole week of temperatures above 40 degrees. But there was something even worse on Saturday, and that was the wind—the north wind; the wind that sets the fires off. And anyone who has lived through bushfires in Victoria knows that that is an ominous sign. They were the conditions that we lived through on Ash Wednesday in 1983; the conditions when we had the big bushfires in the 1960s; the conditions that our parents had lived through with the Black Friday fires in 1939; the conditions that we were all warned about and raised on. It is captured in novels like Ash Road by Ivan Southall. When the north wind blows on those tinder-dry days the whole of the state is at the mercy of natural disaster. It is a cruel climate. We live very precariously in this environment, in this country. It is a beautiful environment but it holds great terror under these conditions. As is always the case when we have these enormous calamities, we see the best and the very worst of human nature—the very worst of human nature, to think that some of these fires could have been deliberately lit, but the very best of human nature, when we see people risk their own lives to save houses, neighbours and friends. The stories of heroism make us marvel that there are those who are prepared to place their own lives on the line in a voluntary capacity for their friends, their neighbours and their community. Like so many others, I pay tribute to the volunteer brigades of the CFA, the SES, the Victoria Police, the Red Cross, the Salvation Army and all of the thousands of volunteers who, as we speak, are still in the field serving their fellow Victorians. This is going to be a very difficult, long, drawn out period for the state of Victoria. Fires continue to burn as we speak. There will be the coronial inquests. There will be the funerals. And then there will be the investigations as to how and why this occurred. The grieving will turn to anger and loss. Of course, there will be some people who will never recover because the trauma is so great. Our thoughts and support are with the communities in Victoria now, but we have to make sure that they are still there in months and years to come, because it will take years to put many of these people’s lives back together and to put the communities back together. I welcome the announcement that the government has made in relation to the new authority that will be charged with reconstruction. That authority has the great responsibility of putting communities back together and it will have a lot of support, but it will not be done in weeks and it will not be done in months. I welcome the announcements in relation to the emergency payments, but of course more will be required. The government knows that, and I have no doubt it will attend to it and will have the full support of the opposition in relation to it. Then we will have the royal commission, which I also welcome, which will have to look at the steps that can be taken in the future to minimise loss of life and damage. On a continent like this, we will never be able to take away fire nor the risk of fire but we will have to determine how to minimise the loss and damage in the future. Until now the policy has been to have a fire plan and either to evacuate or to stay and fight. What is clear is that there are some fires that are so great, where the intensity and speed are such, that to stay and fight is impossible. How we are to distinguish those fires where there is no hope of staying and fighting from those where it is a reasonable strategy will of course be a matter for the royal commission to look at. We live at the mercy of this environment and, as many people seek, for lifestyle reasons, to move to the country, to the outer fringe, the number of people that will be exposed to this kind of risk will increase. We need to think about what we can do to secure the situation for those people, how to minimise those risks—whether it is going to be necessary for houses to have fire bunkers in certain areas so that those people can be protected even if their properties are not. All of that lies in the future. But all Australians will want to say to all their fellow Australians who have perished and to their families that the nation turns in grief, turns in understanding and turns in support. We want to do everything that we can individually and corporately for those who have suffered such losses, to grieve and then to rebuild, to move on but to never forget those who have suffered these losses. I want to say on behalf of my constituents, my electorate, who will know many of those who have perished—we will all know many who have perished when the final lists are published—that we stand together to face this terrible ferocity of nature. We stand united, we stand bewildered and bruised, but we will rise again. We owe it especially to those who have lost their lives, and to their families. 822 17:21:00 O’Connor, Brendan, MP 00AN3 Gorton ALP Minister for Employment Participation 1 0 Mr BRENDAN O’CONNOR —I rise to support the condolence motion moved by the Deputy Prime Minister yesterday and I offer my sincere condolences to the families and friends of those killed and injured in what is the worst natural disaster in Australia’s history. Though my electorate of Gorton mainly incorporates the western metropolitan region of Melbourne and therefore has not been directly affected by the fire, many of my constituents have family and friends who are among the dead, the injured and the homeless as a result of these fires. In line with the sentiments expressed by the Prime Minister, the Deputy Prime Minister, the Premier of Victoria, the Leader of the Opposition and others over the last few days—indeed, the member for Higgins just now—I repeat that the Australian government will do everything in its power to alleviate the suffering of those who have lost family, friends, livestock, pets and property. The government response will of course evolve with events and as much more information comes to hand, but we will be helping not only over the days and weeks ahead but also in months and years from now. In relation to the efforts of those in my own electorate, several emergency services units in Gorton have been busy working to save lives and properties. As we know, SES units around Victoria remain on alert, and many have a major role as support crews to firefighting units. The Brimbank SES unit worked around the clock on Saturday and Sunday. They were busy attending to damaged homes, fallen trees blocking roads and supporting fire crews in Kinglake, in Warragul and at the Longbrook staging area. From 9 am on Saturday, two crews were on the road attending to damaged homes and removing fallen trees. From 9 pm a crew was deployed to assist in the Kinglake area, ensuring power supply and lighting and providing assistance to the relief centres. That crew returned home at approx 1.30 am on Sunday, with a replacement crew returning only a matter of hours later. This crew of five was deployed to manage the CFA staging area at Warragul, with a further deployment later Sunday night transporting fire trucks and crew to the Longbrook staging area, staffing roadblocks and clearing roads. That crew returned at 11.20 pm. Yesterday, another crew travelled to the Kinglake area for a two-day deployment, clearing roads for fire crews, assisting police with loss and damage assessments and the heartbreaking job of checking door-to-door in search of undiscovered bodies. Even when not required to attend to the major fires in Victoria over the weekend, other emergency services crews were still on high alert and were required to undertake their regular duties as temperatures reached the high forties. Brimbank SES unit controller, Brad Dalgleish, has talked of the heartbreak of dealing with survivors of Kinglake. As he told local papers, these hardened men were ‘brought to tears’ after witnessing the devastation on Saturday. My electorate also incorporates a large section of the Shire of Melton, whose volunteer CFA unit has been at the forefront of the action fighting fires across Victoria. On Monday, several units also attended grass fires in Melton South, no doubt exacerbated by the historically low levels of rainfall in the area, combined with the punishing heat over the last several weeks. A Melton SES crew attended Kinglake on Tuesday and Wednesday for chainsaw and other support services to other emergency services units. Though today I represent a primarily outer suburban electorate, it was not always the case. Between 2001 and 2004 I represented the electorate of Burke—a large and unusually diverse electorate, including several areas whose residents have fresh memories of the loss of life and property by fire. Residents of Macedon and Mount Macedon, in particular, are still haunted by the memory of the infamous Ash Wednesday fires of 1983. Since Saturday, several regions I once represented, now ably represented by the member for Bendigo and by the member for McEwen, are mopping up after fires destroyed houses, livestock and property. The community of Redesdale, north of Kyneton, has been threatened over the last several days. The fire was estimated to be over 10,000 hectares in size. Large sections of containment lines have been built and firefighters are continuing to consolidate those lines, but wind changes have resulted in even more loss of property. Other fires in the area have threatened Baynton and Barfold. I have been informed that 10 to 12 houses have been lost, but numbers are yet to be confirmed. Even though these fires are not currently posing a direct threat, those communities need to be aware that there is still fire activity in the area. They need to be alert should conditions change unexpectedly. My thoughts are with these communities. I am pleased to say that local governments around Victoria, including Brimbank City Council and the Shire of Melton in my own electorate, have been taking steps to make a major coordinated contribution to emergency relief funds. Brimbank and Melton are both contributing council resources, including contingents of staff to assist in getting the affected communities back on their feet. More than 450 Australian government personnel will be deployed to Victoria over the coming days to provide emergency services, logistical support and counselling to the hundreds of people who have lost family, friends and property. Centrelink workers are providing counselling and support as well as financial assistance to people affected by the fires. Two hundred Centrelink community recovery staff and 70 social workers will be at the centres this week. Indeed, the Prime Minister announced today that the government is putting together a jobs and medium-term income support package to assist those whose workplaces have been destroyed by the fires or whose businesses no longer exist. On a personal note, I spoke today to a good friend, Barry Miller, who is currently in hospital. I have known him for more than 20 years and have worked with him at the Australian Services Union for 15 years. His family have lived in Kinglake for many years. He is currently in the Austin Hospital suffering from smoke inhalation and injuries from a car accident. He told me today that, on Saturday, the speed and might of the fire were simply incredible. He evacuated his home and was fleeing when he realised his son, Sean, who had been following in his own car, was no longer in sight. Barry turned the car around and headed towards the fire in search of his son. Unknown to him was that Sean had managed to escape via another route. In the mayhem and panic, and no doubt owing to the fog of smoke, two cars collided with Barry’s car. He managed to escape through the passenger door just before his car exploded in flames. A driver of one of the other vehicles, a man known to Barry, was not so lucky, burning to death before Barry’s eyes. The emergency worker who then came to Barry’s assistance realised that the victim in the other car was his father. To most of us, this is unimaginable horror. Barry has lost his home, as has one of his sons, but his family count themselves lucky. I know that Barry’s friends and work colleagues at the ASU and elsewhere will, of course, support him, his wife Julie and their family in their time of need and help them recover. Barry’s story, as I say, on one level is one of luck—and when I spoke to him today that is how he saw it. He has lost everything when it comes to property, but all of his family are still alive and his physical injuries are not particularly serious. I do hope, however, that his emotional and psychological state will improve, because what he has seen is truly horrifically traumatic. I extend my condolences, most importantly, to the families who have lost loved ones and homes. They will have a difficult task to rebuild their lives. It is incumbent upon the government—indeed, all members in this place—to do everything we possibly can to assist our constituents who have been directly affected and to help those families who have lost so much. I of course support the motion moved in this place. 824 17:32:00 Johnson, Michael, MP 00AMX Ryan LP 0 0 Mr JOHNSON —I am pleased to speak on this motion and follow the words of my friend and colleague the member for Higgins and other members. Few words can truly describe what happened in Victoria over the weekend. Far more eloquent speakers than I have used words such as ‘catastrophic’, ‘disastrous’, ‘tragic’, ‘horrific’ and ‘hellish’, but I think that few words really do capture the hell on earth that has touched the landscape and the lives of so many people. But I want to try as much as I can, as is appropriate for a member of parliament, to extend my deepest sympathies and condolences and the prayers of the corner of Australia—the constituency of Ryan—that I represent in the Australian parliament. I think they would expect it of me, and on behalf of my own family I take this opportunity to speak formally in support of this motion in our national parliament. Last year, the electorate of Ryan tasted the force of nature when a storm hit the suburb of The Gap. I certainly do not wish to make any comparison at all—there were no lives lost—but it was a small insight, I think, into the sheer power of Mother Nature. On every day of that week I took it upon myself to visit people and destroyed homes and to witness for myself the emotion of Ryan constituents who had suffered at the hands of the storm. So I think I can see in a very small way how nature works. I can only imagine, as one who has not been in harm’s way can only imagine, the sheer ferocity, intensity and brutality and the sheer hell of these fires. Yesterday in the parliament when the Deputy Prime Minister, the Leader of the Opposition and other colleagues made their very touching and moving remarks, I put my hands to my face and I confess I shed some tears. I shed some tears not because I myself have lost anyone, not because I have had property loss, not because I am a Victorian, but because I am a human being and I am a father. I can only imagine the sheer suffering of anyone who has lost a loved one, any parent who has lost a child or anyone who has lost a dear friend. I can only imagine the absolute suffering and internal pain that one would have endured. In Queensland on too many occasions the nightly news tells us that a baby has drowned or a little toddler has lost their life because they have fallen into a dam on a property. My wife and I always give each other a cuddle and bring our little 2½-year-old into our embrace and cuddle him with all the humanity that I think parents can muster. We look at each other and say a small prayer for those parents that have lost a child that has drowned in Queensland in a pool or a dam. We do this on too many occasions because it happens on too many occasions. My point on the loss of a loved one in such circumstances is that, unless one has been through it in a very direct way, I suspect one can never totally understand the depth of pain, the depth of anguish, the depth of suffering that one would endure. On behalf of the many people of Ryan and the many families of Ryan, I extend their deepest condolences, their deepest thoughts and sympathies. I know that the people of Ryan will say a quiet prayer and I know that in their minds and hearts they will feel, both as fellow Australians and as human beings, the same suffering that has overcome fellow Australians in the state of Victoria. I understand that the latest death count is some 173 people but, as has been said in the parliament and by colleagues from both sides and by all who are in a position to know, this figure will certainly rise. On Australia Day, on 26 January, I had the great privilege of conferring citizenship on new Australians. I also had the privilege of making some remarks. I said to those new Australians that wherever they came from, whatever part of the world, they were now coming to mark a future in this country and that they were living in a country that was full of opportunity and full of great options for them and their families. They also made the point, which I agreed with as a migrant myself, that they were living in a country of remarkable magnificence and beauty, that this was a great country, that there was no other like it and that they should never let anyone, Australian or not, tell them otherwise. I quoted the words of what I guess is our national poem, Dorothea Mackellar’s wonderful poem—very eloquent and very moving words. I asked them, especially those from countries that do not have English as their first language, to let their kids read that poem—because, knowing Asians and in particular having, as I do, a mother of a Chinese background, I know that they would not necessarily turn their mind to the profound and beautiful words of Dorothea Mackellar. But I made a particular and very specific point in talking to the audience, many of whom were from Vietnam, China or Taiwan, of encouraging them to direct their child’s education to the words of Dorothea Mackellar’s poem because it said so much about the greatness of Australia. Much to my surprise, many of those new Australians came up to me afterwards and said that they would definitely do that. I guess the point I make is that—as many of my colleagues have said, in a far more articulate way, yesterday and today—for all our beauty and for all our magnificence, we are also a country that is vast and that has a landscape where the elements of nature, such as fire, flood, storm and, of course, drought, can come upon us. We, as human beings and mere mortals, do not know why forces of nature such as these can destroy homes, destroy property and, more profoundly, destroy lives. Those of faith will be comforted by their faiths. Those not of faith might ask the question: why would God, for all his compassion and love of humanity, take away innocent life? Why would the Lord, who sacrificed his own son for us, do that? As I said earlier, I am a father of 2½ years experience, and there is a thought that always comes through my mind whenever I see tragedy or catastrophe that takes away life. I always come back to that terrible thought of how parents could endure that suffering, and I say a prayer to thank God that it was not my son. All of us would know of the story of the little girl who was thrown from the bridge in Melbourne and would ask ourselves: how could one human being, let alone a father, commit such a despicable and unspeakable act? As I said, few words can describe the tragedy and the catastrophe of the bushfires in Victoria. I end my remarks by saying to those who might have committed acts of arson which have resulted in much pain, suffering and tragedy: how could you do that? This is surely the worst of human nature. We have seen an act of evil if that is the case, but I am also comforted by the other side of humanity, where we have seen, really, the acts of the angels at work through mere mortals. We must never forget this tragedy, this loss, this hell on earth. We must become a better people for it at an individual level and at a community level. As governments and those with authority, we must be better for this. We must unite and, in the words of the Leader of the Opposition, do whatever it takes to address and redress all the issues that surround such a catastrophe. Again, on behalf of the western suburbs of Brisbane, those Australians who live in the Ryan electorate, I extend my condolences. 826 17:45:00 Thomson, Kelvin, MP UK6 Wills ALP 1 0 Mr KELVIN THOMSON —It is a terrible thing to have to participate in such a debate but it is also a great privilege after the inspiring speeches given by many of my colleagues—among them the member for Ballarat, who is in the chamber—and also by members on the opposition side. The Leader of the Opposition yesterday and the member for McMillan today made outstanding contributions. It is a privilege to be part of such a debate. The weekend before last I went to the home of Jenny and Peter Beales just outside Kinglake. They are longstanding residents of Kinglake. Peter is a local councillor and Jenny has been very active in Labor Party and local community affairs for many years. They were having a lunch for Labor Party Kinglake branch members. My partner, Kerry, and I looked out over the picturesque forests at the rear of their property—forests stretching out as far as the eye could see. Now, suddenly, those forests are gone. I rang Jenny on Sunday to check on her welfare. She told me a harrowing tale. On the Saturday night between 5.30 pm and 6 pm, some carloads of terrified men, women and children had screamed into their property, seeking urgent shelter. There were about 30 people in all and they stayed there the night. Their homes had been burnt down and they brought with them dogs, cats and even a rabbit. Some of the children were understandably hysterical. One of their neighbours was also there. His property was ablaze during the night. Around midnight, Peter and the neighbour tried to see what was happening to his house but could not get through. They saw a building ablaze and thought his house was lost. A couple of hours later, they were able to get a better look and could tell that, while sheds had been destroyed, his house had not. It had been saved by a sprinkler system which had continued to function. Jenny told me about the appalling devastation—schools, churches and community facilities all burnt to the ground. She also told me about the courage and selfless acts of members of the Kinglake community. She told me about the baker who came out on Sunday to prepare food for people who had none, although his own home had been destroyed. The hearts of the people of Wills go out to the families and loved ones of those who have lost their lives, to those who have suffered serious injury and to those who have lost their homes, property or livelihoods. On behalf of the people of Wills, I acknowledge and praise the courage, heroism and sheer hard work of those fighting the fires—the Country Fire Authority, the metropolitan fire brigade and all the volunteers. We also salute the relief agencies—the Salvation Army, the Red Cross and others—both for everything they have done and for everything they will be doing in the coming weeks. Many families and communities have been absolutely shattered. With thousands of lives reduced to square one, it is time for those of us who are in a position to assist to do exactly that. I encourage people to donate to the Victorian Bushfire Appeal Fund by phoning 1800 811700. Other important contacts I draw to the attention of the House are the Victorian Bushfire Information Line 1800 240667, the official Victorian government website of www.vic.gov.au and the Centrelink Assistance Information Line 180 2211. One of my local residents, Nosrat Hosseini, contacted me to offer the spare rooms of her family’s home in Pascoe Vale to the victims of the blaze. I applaud her family’s civic mindedness, and I will be conveying offers of support from within my electorate to those who are carrying out the relief effort. We have all been moved by this disaster and there is much we can do to help. Both the Australian government and the Victorian government are providing practical assistance to the victims of the fires—such as counselling, through Centrelink; Australian government disaster recovery payments of $1,000 for eligible adults, and an extra $400 per child for those people adversely affected by the fires; funeral assistance of up to $5,000 for the immediate family of a person who has lost their life as a direct result of the fires; and Australian Defence Force assistance. The Victorian government is providing some immediate cash assistance, through the emergency recovery centres, which will help tide people over until the Centrelink payments are processed. In the months and years ahead there will be a lot of debate and discussion about the causes of the fires and the responses to them—whether there are things that could have been done better and whether there are lessons we need to learn. It is proper that there should be such a debate. I note that the Victorian Premier, John Brumby, has announced that there will be a royal commission into the bushfires, with a wide brief. That is deeply appropriate. For my part, I will be following the royal commission closely. The events of the weekend were so dramatic and demonstrated such a heightened level of threat that we all need to be willing to rethink our previous beliefs and assumptions and look at the facts and the evidence afresh. With that important qualification, let me make some observations about bushfires and our response to them. Firstly, there is global warming. On Saturday, I and other Melburnians lived through the hottest day that Melbourne has ever experienced—46.4 degrees Celsius. Many other places in Victoria also got their highest temperature ever. That came on top of the second driest January we have ever had—a pitiful 0.8 millimetres of rain for the whole month—and that has come on top of a decade of drought for Victoria, which has been drying out since 2001. These are of course precisely the conditions of extreme bushfire threat. Bushfires are increasing in frequency and severity around the world. We have seen this in Greece, we have seen it in California and we have seen it elsewhere. The bushfires in Victoria stand in sharp, ironic contrast to the floods and storms in North Queensland. But they are all part of the same phenomenon—global warming, climate change. Scientists have been warning us for years that, if we do not curb our carbon emissions, we will create more frequent, more extreme weather events—more droughts, more bushfires, more floods, more storms. Saturday was a foretaste of the weather that lies in store. We have a duty, a moral responsibility, not to leave to our children and grandchildren a world in which days like Saturday become commonplace. Secondly, after an event such as this, there are always those who will see the bush, the forests, as the enemy. Their reaction is to want to chop the trees down. The member for O’Connor has been vocal on this matter yesterday and again today. These calls are understandable but, in my view, they are totally wrong. Far from the forests being our enemy, it is we who are theirs. The authorities have made plain enough their view that a number of these fires were deliberately lit by people. Another of the fires was the consequence of a cigarette butt discarded carelessly. Another was caused, we heard today, by a faulty power pole. The member for O’Connor says that we used to have roads and bulldozers through the forests. Well, those roads are still there but, sadly, they are precisely how many of the fires originated. Furthermore, the CSIRO has given to the Joint Standing Committee on Treaties, which I chair, evidence which shows that the parts of Australia which are becoming hotter and drier are precisely those areas where human settlement has occurred—the eastern seaboard, southern Australia and south-west Western Australia. Dr Clive McAlpine, senior research fellow at the University of Queensland’s School of Geography, Planning and Architecture, says it is because of human modification of the land surface through changes in native vegetation cover and land use. Modelling of the impacts of vegetation cover change on regional climate, done by Dr McAlpine and other researchers, shows that areas which have been cleared are 0.1 to 0.6 degrees Celsius warmer in eastern Australia than they were before clearing, and that summer rainfall is four to 12 per cent less. The analysis shows that land clearing has contributed to hotter droughts during El Nino years. Clearing of native vegetation appears to be accentuating the impact of recent El Nino droughts by increasing the number of hot days greater than 35 degrees Celsius and by increasing the number of dry days during drought events. According to Dr McAlpine, the clearing of vegetation changes the way wind moves over the land surface and reduces the incidence of formation of rain-bearing clouds. This is yet another of those feedback loops where problems start out small and get quite out of hand. Cutting down Australian forests changes wind and rainfall patterns and makes the countryside hotter and drier. If we cut down our forests, we will turn Victoria into a desert. What we need to do now is to re-establish our forests. Indeed, we should be trying to re-establish our rainforests. These areas are much more resistant to fires than eucalypt forests. They bring much-needed rain and water for our dams and agriculture. I believe the way to build and secure a healthy future for Victoria and to prevent a repeat of Saturday is not by cutting down our forests; it is by having more of them. Thirdly, there is arson. I totally support the remarks of the Attorney-General yesterday that committing arson carries within it all the ingredients of the offence of murder. The sentences for arsonists should reflect this. If the legal system is not delivering this outcome, it should be altered to do so. Whether this means increasing the sentences applying to arson or means charging people who commit arson with murder or attempted murder and making any necessary changes to the law about intent and the like, I have an open mind. But the basic legal principle is quite clear. If someone drops a brick into Melbourne’s Bourke Street mall from a tall building not caring whether the brick hits someone, the law refers to this as being ‘recklessly indifferent’. If the brick does hit and kill someone, they can be charged and convicted of murder. It is quite foreseeable that dropping a brick into a crowded place will kill someone. Similarly, if you light a fire on a day like Saturday, it is absolutely foreseeable that you could kill someone, and in my book it is murder if someone dies as a result. The people who light these fires are despicable, contemptible low-life, and the legal system must protect us from them. Fourthly, there is the issue of staying or fleeing. As I said earlier, the Victorian government has established a royal commission to examine the fires and no doubt it will look in great detail at the number of deaths of people in cars and people in their homes and the advice that was given to them. One thing I will be particularly interested in is its findings concerning underground shelters or bunkers. I read one story of a couple who survived with their child because the mother had nagged her partner into building one and they were able to shelter in it. I will be interested in the way we are able to build effective underground shelters. It strikes me that they may have a key role to play in saving people who decide to defend their property but who are then confronted with a fire much larger and more terrible than they had imagined or people who have simply been caught out, being unaware of the fire’s sudden approach. Finally, my thoughts are with the family of Jacinta Bartlett. She, her husband, Gary, and their youngest daughter died when a firestorm tore through their home in St Andrews. Her other daughter, Maddison, aged 12, is in the Royal Children’s Hospital where I understand she is being treated for burns to 40 per cent of her body. Jacinta Bartlett was a long-serving Moreland City Council employee and unit manager of contracts at the council at the time of her death. This family tragedy will hit the staff at the City of Moreland very hard, and my thoughts are with them. Indeed, Moreland City Council’s Chief Executive Officer, Peter Brown, and his family narrowly escaped the Strathewen blaze. It destroyed their home and cars. Peter and his family survived by holding wet blankets over their heads in their backyard pool as the fire went over the top of them. My thoughts are also with Peter and his family, as they are with all the families who have gone through this terrible ordeal. It is a nightmare we will all long remember. The suffering, the cruelty, the heroism and the steely determination to continue on and to rebuild: all of this we will remember. 829 17:59:00 Moylan, Judi, MP 4V5 Pearce LP 0 0 Mrs MOYLAN —The malevolent course of fire and the subsequent tragic loss of life and destruction of property, stock and wildlife in Victoria have certainly galvanised this parliament and indeed the nation in an outpouring of grief, sympathy and support. It is indeed a tragedy of monumental proportions. Today I wish to add my voice to this motion and to support the comments of my colleagues in this place, many of whom yesterday and today spoke eloquently, with great compassion and with great sadness on the unfolding events in this terrible tragedy. I would also like to take the opportunity to express condolences on my behalf, on behalf of my staff, my family and particularly on behalf of the people of the electorate of Pearce who I know would want to be associated with such a motion. Condolences go to those families whose neighbours, family members and friends have perished and we pledge our support for the rebuilding of their communities and for their ongoing support. I know people in Pearce, as I said, would wish to be associated with this motion, as each year fire ravages parts of the electorate of Pearce. Fire looms as an ever-present threat in Pearce. In one of those infernos in the Avon in 2007, a local schoolteacher lost her life and many farms were devastated in that particular fire. The fire in this case was likely caused by an old power reticulation system, which in Western Australia is 40 to 50 years old. I heard the member for Mallee today speak in the House and also raise this particular issue. It is relevant because, although we in our parliaments throughout this country may need to deal with perhaps some unfinished business in terms of arson, we certainly need to deal with ageing power infrastructure, which I know in Western Australia has been the cause of many fires in rural areas, including the loss of life—certainly not to the extent that we have seen on this occasion in Victoria, but with terrible loss of property and all the heartache that that brings. This is something we can relatively easily attend to. We know it is a problem and it requires money to replace this ageing infrastructure of power reticulation systems. Of course, lightning is often the cause of fires in my electorate as well. Before this House sat this year, for example, thousands of hectares of bush was burnt out in the coastal area of Yanchep within my electorate. Thankfully no lives were lost, but a great deal of damage was done to properties and national park and, of course, to wildlife in that region. Several thousand hectares were burnt out. Several years ago I sat in the burnt-out patio that was still attached to the burnt-out home of some of my ageing constituents, an elderly couple, who were grief-stricken to come back and find their property completely razed, everything gone—the sheds, the trucks, the tools, everything gone. But their grief was further exacerbated by having to go out and shoot 600 head of sheep that were seriously burnt in the fire. That fire in the Wundowie area was a result of arson and, if my memory serves me correct, that person was apprehended and prosecuted. Each year, in the lead up to the summer season, men and women in the Pearce electorate give a great deal of time on a voluntary basis to prepare plans to manage fires and to provide emergency services. They put their lives at risk to look after the interests of others and they do it as a community service in a completely voluntary capacity. They do not ask for anything, they just pitch in and do what they know has to be done. They come from all walks of life and I take this opportunity to pay tribute to them and to their work, as Western Australia now faces the riskiest season for fire and that is a particular threat in the electorate of Pearce. These people are our local heroes and I pay tribute to them, and particularly today to the brave, selfless and undoubtedly exhausted firefighters and emergency service workers in Victoria. To these men and women we owe a great debt of gratitude. May we never forget their selfless service and their courage. I understand, Madam Deputy Speaker Vale, that your husband has currently joined those firefighters in Victoria to add his voluntary services. We thank him for that. We are equally grateful for the service of hundreds of volunteers caring for victims in the aftermath of the fires. We applaud the work of the health sector for the care of those suffering burns and injury. Our thoughts and prayers are with them for a full recovery. We also applaud the acts of courage and heroism of those in the community who took the time to look after neighbours and friends and family, putting their own lives often at risk. But long after the flames have been doused and the last embers have stopped burning, the people of Victoria and their communities will need our compassion and our support both at a personal and a financial level. Once again through my Victorian colleagues, to whom I offer my condolences and my support, I express condolences to the people within those electorates, and particularly on behalf of the people in the electorate of Pearce, who I know from my past experience will be very generous contributors to the rebuilding efforts in Victoria. 830 18:07:00 Cheeseman, Darren, MP HW7 Corangamite ALP 1 0 Mr CHEESEMAN —I rise today with great sadness in my heart, like all of my parliamentary colleagues. I would like to offer sympathy to all those families of bushfire victims in Victoria, and of course to all of those communities that have been under siege for the last week I offer my heartfelt sympathies. On Saturday morning, 7 February 2009 I got up and had breakfast with my wife and my son Isaac. Later that morning I said goodbye and headed off into my electorate to talk to people down the street in Colac. It was as hot as hell. It was 45 degrees where I was by noon. When I left Kirsty and Isaac we said a casual, ‘See you later’. I never realised that a casual ‘see you later’ would be denied to those in the high country in Victoria, who never got the opportunity to say a proper goodbye. When I walked the streets of Colac there was a menace in the air. People were talking about the concerns and the risks of fire within my electorate in the Otways, a very spectacular place, a place where people moved to live and enjoy the bush. But the bush was extremely dry after a decade of below-average rainfall. These were the same circumstances that prevailed in towns and hamlets such as Kinglake, Bendigo, Beechworth, Kilmore and those in Gippsland, just to mention a few. Some of these places lost one or two people. Some lost whole families. Some lost their whole community. At the last count, Carnegie had lost 11 people; Flowerdale, four; Humevale, six; Marysville, 15; St Andrews, 22; and, of course, Kinglake, 35 so far. The death toll is likely to be in excess of 200, and 750 homes have been lost. This is unimaginable, unthinkable. A number of people from my own electorate were victims of these terrible bushfires. I will mention a couple. Danny Shepherd was a fitness instructor from Ocean Grove. He was renowned for his loyalty to his family. Mary McIver was a stalwart of the Torquay bowls club, known for her community-mindedness. Mary was recovering from a heart operation. The fire was so indiscriminate. It took the young, it took the old, it took the weak and it took the strong. At times like this I feel so hopeless. Where do we start to help those who have to start all over again—people whose every possession has been totally erased? Where do we start to help those who have loved ones who are gone? People who were hale and hearty just a couple of days ago, and children with their whole lives ahead of them, are gone. Whole families: gone. Whole communities: gone. In many ways, my electorate of Corangamite was extremely lucky. The situation could have been far, far worse. With the Otways in my electorate, there are many little coastal and hinterland towns that could have been in harm’s way, particularly given the enormous potential for loss of life and homes within these areas. We have in my electorate one of the highest fire threat areas in Victoria. I understand that it is easy to be wise after the event, and I will not for a moment pretend that I have all of the answers or any of the answers. But I would like to say just one thing: we should look very carefully at the culture that has grown up in Victoria of saying that we will stay and defend our homes. We should look at the risks that this action may involve. I am sure that the royal commission will examine this very, very closely, and it ought to. Circumstances have changed. We are coming off a base of 10 years of below average rainfall. We will see more days, more often, like Saturday, where the weather is intolerable for living in the bush. What can we do to help? We can start with an arm around those who have been affected. We can start with a hug. We can keep a check on our families and individuals as they go from shock to realisation to grief to desperation. We can support them emotionally. We can let them know that they do have mates. We can help them buy back into the real estate market. We can donate our time. We can donate financially as individuals. We can help as a state. We can help as a nation. We can all help our fellow Australians in this extraordinarily difficult time. We can be there for each other. Finally, I would like to pay tribute to the firefighters and volunteers who are supporting these communities. I have no doubt that many lives have been saved by their incredibly brave efforts. They are probably very tired but too busy to think about that now—but I certainly am. In all likelihood, there are probably people out there now who do not know the fate of their friends and families. We can certainly thank the volunteers, and I am sure there will be an appropriate time to do so. To the victims’ families and those on the front line, I say this to you: we will be here for you. We will be here with you. We are one big Australian family and we will do everything that we can as a government, as a nation and as a state to assist. I hope I never see the circumstances of Saturday ever again. It is a tragedy beyond belief; it is a tragedy that words cannot adequately describe. On behalf of the men and women of Corangamite I say to those communities who have been so badly devastated: we are with you. 832 18:16:00 Irons, Steve, MP HYM Swan LP 0 0 Mr IRONS —I rise this afternoon to commend and support this condolence motion. On behalf of my electorate, I wish to send the condolences of the people of Swan to the victims of the Victorian bushfire tragedy of 2009. The people of my electorate would want me to convey these sentiments, and I applaud and endorse the comments of all the previous members who have spoken. When the member for McMillan rose today in the parliament, I felt the passion and the hurt in his emotional speech. All of us in this place support his sentiments. This is a Victorian disaster that has national implications and will resonate around Australia. Since the events of Saturday, my office has been contacted by many people across the electorate. Some have offered to give blood and some have offered to donate money to the Red Cross Victorian Bushfire Appeal. I appeal to them to make those commitments a reality. The people of Swan are remarkably generous and I am proud to represent them. Many words have been spoken in this parliament about the sheer ferocity of the flames, the horrific heat, the startling speed of the fire and people’s inability to escape. This was an Australian Pompeii. We must recognise the horrific nature of this natural disaster, yet we must not dwell on it. We now must devote our full energy and focus on providing the support to those who need it, making safe the devastated areas and rebuilding country Victoria. I commend the government on the initial steps it has taken and would personally like to offer help in any way I possibly can. I, like many Australians, have a personal connection to the Victorian region devastated by the bushfires. As a child, my earliest memories of going on holidays with my family were of Marysville. I was to visit Marysville on numerous occasions during my life in Victoria. The last time was in the nineties for a business conference in this idyllic setting. I am sorry to see this beautiful town destroyed and lives lost, and my heart goes out to the people of Marysville and those of all the other towns that have suffered from this tragedy. Before moving to Western Australia in 1981, I lived in the Yarra Valley and Seville East—a more beautiful part of the world would be hard to find. Yesterday the Leader of the Opposition mentioned the Yarra Valley Mountain District Football League, where I played football for four years from 1978 to 1981 with the Seville Football Club. On the field the football was played by uncompromising footballers, but off the field there was enormous community spirit and friendship amongst the rival towns. I am sure that spirit will not be broken and the people of these affected regions will combine to rebuild their homes, their towns and their lives like a phoenix rising out of the ashes. I have an aunty in her 80s, Janet Murray, who lives in Yea, who is still at home waiting on advice to evacuate to the local recreation reserve. Her neighbours, in the spirit we expect in times like this, have offered to assist her to the centre when the call comes. I have two sisters living in affected areas who are still both waiting for evacuation calls. I spoke to Helen only hours ago. Helen Ryan and her family live in Healesville, on the other side of the ridge of Chum Creek, where the fire swept through. As I spoke to her, she described to me the spot fires that she could see from the rear of her house. She is packed, ready to go with all her family memories and valuables that the family can carry, again waiting for the call to evacuate should the wind direction change or the intensity of the fires increase. Her sons insisted on taking their bikes and their kayak, a valuable tool in firefighting procedures. They are exhausted and have been taking turns in staying up to watch the progress of the fires at the rear of her property. They are on constant vigil to move at the earliest sign of danger and leave their family home to the whims of nature. My last words to her as we spoke this afternoon were, ‘Don’t be courageous,’ and, ‘Get out while you can.’ I wished her good luck. My other sister, Christine, was too busy to talk, as she was preparing to evacuate, and has said she will contact me as soon as possible. I wish her and all the other people in these affected areas good luck and that you stay safe and stay with us. It is rare for a natural disaster to kill so many people in a developed country. There will in time be a need to analyse how this disaster was able to happen, how it started, how it was propagated and how so many people, young and old, were killed. Now is not that time. We must draw together our resolve and focus on supporting our fellow Australians in need. In the future, we will remember the destruction of the fire and the unfathomable loss of life. I hope we will learn from it. I also hope that we will never forget the extraordinary acts of courage by ordinary people and volunteers which saved lives. In conclusion, I would like to say that I am overawed but not surprised at the enormous efforts of the volunteers of the CFA and all the emergency services, who are contributing their time and risking their own safety to avoid further loss of life that would affect many communities. They are to be commended for their unselfish acts of bravery and commitment to their fellow Victorians. On behalf of the people of Swan, I offer my deepest condolences to the people of Victoria. 833 18:22:00 Melham, Daryl, MP 4T4 Banks ALP 1 0 Mr MELHAM —I rise to support the condolence motion before the Main Committee. Next month, I will have celebrated 18 years in this place. On a number of occasions, the House has come together. This is probably the most momentous of those times, given the vastness of what has happened and the human tragedy that is unfolding and will continue to unfold through this. I think the people of Australia would expect us to come together as one to offer solutions, not play politics. The speech of Russell Broadbent in the House today is one of the finest that I have been able to hear in all my time in this place, a speech from the heart, a speech that I think both sides were moved by. The spontaneous applause by members at the end of that speech is something that I have not witnessed, apart from at the end of first speeches. It was spontaneous because I think it was a speech that captured the spirit of the moment. Russell represented his constituents and how they were feeling and placed before the Parliament of Australia, fairly and squarely, the views of his constituents and the way forward. His was not the only speech—I think each of the speeches in its own right was unique and added to the occasion. I have already had volunteers putting their names forward wanting to go down to provide assistance through the trades that they specialise in. The clubs movement in New South Wales has already begun a fundraising event, and I know that the club of which I am vice-president, Revesby Workers Club, has put in $10,000. That is a small amount, but it all adds up, and that will obviously be added to in the future. I think the way we have come together is very important because in some respects it will help those communities with the healing that needs to be done. It is very important to look after not just people’s physical wellbeing but also their spiritual wellbeing. I think when people see politicians from both sides—the Leader of the Opposition and the Prime Minister—come together that sends the right signal. I think we also need to sit down in the future and look at ways to try and minimise the risk of this happening again. I know that some years ago, when fires raged through Madam Deputy Speaker Vale’s electorate of Hughes, the workers club was a safe haven for people who had been displaced, and it has also been a safe haven in other instances, such as when there have been storms. So this is a recurring feature in our country because of the nature of our country—floods and fires will be ongoing and continuing factors. I want to commend everyone on the way they have come together. But this has a long way to play out. I suppose the only note of caution I will add—putting on my lawyer’s hat here, not my politician’s hat—is that we need to be careful about inflammatory language that might be used in this discussion. People will face trial and people are entitled to a fair trial, to be dealt with on the facts and not to be prejudged. I can understand the emotion of some people who are saying certain things, but as politicians we need to be careful to remain at arm’s length and not to undermine other institutions that have to deal with these matters in an appropriate way. So I add that note of caution, speaking not as a politician but as a lawyer, in relation to how these matters will eventually be dealt with. People will be dealt with. Let them be judged on the facts and on the evidence placed before the courts, and on the charges that the relevant authorities deem necessary to lay, not on what politicians say the charges should be. We lay down the statutes, and people are dealt with at a federal or a state level. So I just add that cautionary note, and I also repeat that the way we have come together over this is a very important part of the healing process and of the rebuilding process. What needs to be done, as has been said by the Leader of the Opposition, is whatever it takes to help these families rebuild into the future. 834 18:27:00 Jensen, Dennis, MP DYN Tangney LP 0 0 Dr JENSEN —I do not think anyone in this House or anyone in this country can have failed to be moved and deeply saddened by the scale of this tragedy. I guess fortunately, I no longer reside in Victoria—I used to live there—and thus I have not experienced firsthand the scale of this tragedy. But I cannot fail to be moved by the stories I read of the personal tragedies. It is those personal stories that almost always bring a tragedy where a lot of people have died back to a personal level where you can actually appreciate what is occurring. I have three children and I think the saddest stories of all are those that involve children. It would have to be devastating to have children die. With adults it is a tragedy, but with children who have barely embarked on their lives it is so much worse. I lived in Victoria during the time of the Ash Wednesday fires. I think there would not be a Melburnian who was there on the night of those fires who would not remember the thick smoke that engulfed the city. I was working in Richmond at the time, doing part-time work, and I caught a train to go back to Mount Waverley. It was surreal, going through the very thick smoke that went for kilometre after kilometre. I can only imagine what people are experiencing at the moment. I also note how absolutely fickle life and death can be. I joined the CFA in the late 1990s and was a volunteer with them for a few years before going to Western Australia. I was a member of the Ocean Grove brigade, which is very close to Geelong. Some members may remember the tragedy near Linton when two fire trucks went to fight a fire and one of them was hit by a fireball, which killed five people. That fire truck came from Geelong West Fire Brigade. I mention this because it relates to how chance can be involved in tragedies like this. At air shows in Australia the local CFA brigades man a lot of the firefighting equipment, and at the Avalon air show I was on one of the trucks. There was a mix of people from different brigades there, and one of them was from the Geelong West brigade—the brigade that had lost five people. This person related to me how the truck had been ready to move when his wife drove up with their kids. She said: ‘I have to go to work now. You’re going to have to look after the kids.’ That meant he hopped off the truck and someone else hopped on. Life and death can be that fickle. The tragedy with fires, very often, is that lessons are learned but are very quickly forgotten. With the Ash Wednesday fires and so many other fires the findings invariably have been: you need to reduce the burden of fuel in the area. When I was living in Victoria, my wife and I bought a block of land in Anglesey, which was an area that had been very hard-hit by Ash Wednesday. The block of land we bought backed onto Angahook national park. The problem was that the only area of the block that we were allowed to clear was the specific area where we were going to put the slab down; the rest of it had to stay. That was 15 short years after Ash Wednesday. The Ash Wednesday inquiry had found that there should be significant reductions in fuel and certainly clearing around residences. This had been forgotten by the council. I do not want to apportion blame—it is not our job—but I would urge that this time we act on the lessons we learn, even if that means making hard decisions. The thing I remember about joining the Country Fire Authority is the camaraderie that I had with that group of people. I can say with utter certainty that they were the single best group of people that I was ever involved with. They were people from all walks of life. I was a research scientist at the time, but there were tradesmen there, there were labourers, there was the owner of the local caravan park—a huge variety of people, which in effect was a microcosm of Australia itself. These people were all incredibly selfless—in other areas as well, not just firefighting. I remember that with the CFA you had a pager, like we have pagers here. Your pager would go off in the middle of the night and it was almost a race to get to the fire station first so that you could be on the first fire truck. It was like a competition. People desperately wanted to go and help. That attitude of volunteerism is something that holds Australia in such a great position. Those people really are the backbone of our country. I recall that some of the people in the CFA were not exactly well off; in fact, they were quite badly off, yet they were putting all of their personal time and effort into volunteering. I wondered why people could not be given a little bit of assistance. I am not talking about everyone. I did not need it, but some really did need a little bit of assistance just for running a car to get from home to the fire station and back. There really should be support for these volunteers. They are not asking for pay or anything like that. In fact, they are not asking for anything, but I think they should be supported. Something else I found when I was fighting fires, for people who have never fought fires or never been in major fires, was that the smoke is something you would not believe. You really cannot see and it is incredibly easy to become completely disoriented. It is all very well having a chart in front of you when you are driving through bush showing trails and so on, but if you do not know where you are and it is very easy to get lost, that makes things really problematic. In my view, GPS these days is ubiquitous. In Europe and parts of the United States now you have GPS units which not only give you directions for where you need to go but also there is real-time sharing of information so that it can direct you around traffic snarls. Why can we not initiate GPS units for those fire trucks that go into dangerous situations, where they can have all of the firebreaks, tracks and so on mapped and can get real-time information about what track is blocked, so that they can make adjustments? I guess you could have an emergency button to hit which would signal, ‘Get me out of here by the quickest means possible,’ and it would give you a route straightaway. Another thing I think we should examine, something used in the United States, is fixed-wing water bombers. We do not have them here, but we need to have fixed-wing water bombers. I know the argument will be one about expense, but in the United States the insurance industry pays for those water bombers and pays for the running of them. There is a significant benefit to the insurance industry in having water bombers, because insurance companies do not have to pay out as much. Effectively, in purely revenue terms, this is revenue neutral, but in terms of human suffering they could be extremely beneficial. The thing you learn with firefighting is to attack early and to attack hard. If you can catch a fire right at the beginning you nip it in the bud; but if you wait for the thing to grow you get to a situation where you cannot put the fire out. I would like to finish up by reiterating how extremely sad I am personally about what has happened and the scale of the human tragedy. I have to say that I have not been more proud of this parliament than the way it has behaved in the last couple of days and the attitude of all members to the scale of this human tragedy. 836 18:38:00 Kelly, Mike, MP HRI Eden-Monaro ALP Parliamentary Secretary for Defence Support 1 0 Dr KELLY —I also pay tribute to all the members we have heard from in these last two days. They have been eloquent and moving and have shown real leadership in contributing to the healing that is so very necessary for the victims of these tragic fires. All of us are touched so much by it because so many Australians have had experience of bushfires. Even those in metropolitan areas like Sydney and, of course, Canberra most recently have tasted the devastation of rampant bushfires. It is something we all have some experience or knowledge of, but those of us who are members of rural and regional areas appreciated even more that entire communities, as we have seen, can be annihilated or threatened by fires. Some members have referred to the devastation being comparable to that in war zones. As someone who has experienced many of those environments, I can say that that is a very accurate analogy. During the 2003 bushfires here in Canberra I was very much reminded of many of the war zones that I have served in. It is a quite common scenario for the roller-coaster of emotional and physical reactions to traumas that people go through to be very similar in each of these types of environments and situations. Before the bushfire you will see that impending, glowering, looming threat coming over the horizon and feel the smallness of humanity in the face of the awesome power of nature. It is a terrifying prospect and one that brings us closer to the frailty of humanity and reminds us of the respect we must pay to Mother Nature. That initial adrenalin rush from the fear and the threat is compounded by the indecision and the uncertainty as to what should be done. Do we defend the home? What do I do about my belongings? Which are the most precious? Which should I seek to save first? Should I save anything? What about my family—what is my responsibility to them? All of these terrible questions will pass through the minds of people faced with and confronted by this threat. Once they have made their decision and the consequences are known, if their homes are lost then there will be relief that their lives have been spared but then the realisation that they have lost everything. And that is going to be a long-term psychological wound because there will be times when there will be that little thing—that souvenir, that memento—that they will want to reach for or will recall that they now no longer have. The Prime Minister was very apt in referring to the fact that it does kind of cut you loose from your moorings in many ways—the sheet anchor of the things in your life has been cut away, and you feel adrift. That looseness, that devastation, has a big psychological impact and, of course, this can be magnified greatly by any consequent loss of family or friends that may also be associated with a disaster like this. In this case, tragically, we have very many examples of that. Consequent to that there will be other emotions, such as guilt, which is classic: ‘Why did I survive and my relative or my friend not? Is there something more I could have done to assist those who fell victim?’ There will also be the emotions associated with those questions we have heard posed: ‘Where do we go from here?’ and ‘Do we rebuild our community or abandon it?’ All these things play through the physical exhaustion which comes into play as the adrenalin washes out of the system. So we should really feel for the roller-coaster that all of these people who have been involved in this tragedy will now be experiencing. Some of them will fall back on their faiths and find comfort and succour there. Others will have found their faith challenged by this experience: ‘Why would God select this or that house or this or that person? What is the answer to this question?’ There will be these sorts of challenges to their very fundamental beliefs going on. But, for all of these people, whether people of faith or not, it is important now for a very great reaching out to occur and for a healing to happen. We must provide them with all the comfort and emotional and psychological support that we can. That is why I am so proud both of this parliament and of the Australian community as a whole. It is just a hallmark of Australians that we understand that intuitively and reach out, and we have seen that happening in this situation. Our nation has really been forged in this sort of crucible. It has made us who we are and shaped our national character. I heard a reference to this by the member for Murray, talking about the fact that our record and experience in war probably was shaped by communities having gone through these experiences, and I think she is completely accurate with that statement. We learned very early, especially in rural and regional Australia, the necessity of being able to support each other, of being able to fall back on a community, and of providing that support in times of crisis like this—of the need to be volunteers, of the need to rush to the call to arms to defend communities against natural threats. The survival of our communities in such a challenging natural environment as we live in has forged, in that crucible, a very tested and, I think, at heart an extremely strong society that is very impressive and awe inspiring. Of course, the front line in that struggle has been our first and secondary responders, and many people have commented on them. We are intensely proud of them, and they are struggling out there as we speak. It has been my own experience as a youth, embedded in the bush as I was and working with the volunteer bushfire brigades, as they were then, in New South Wales, to have lived through many of these experiences with my community, to have had relatives burnt out by fires like this and to have come to their aid and rallied around them. Also, I might add as a member of the ADF, quite often you will find in these circumstances not only that there will be those members of the ADF who are organised to get out there and assist but that there will be members of the ADF everywhere who will automatically don their DPCUs, get out there and contribute in whatever way they can. It is an instinctive thing for members of our ADF, and certainly that was my experience in 2003. We just gathered together at the RMC transport depot—there was no organisation and no overarching direction involved—and got busy with the rest of the emergency service providers. In that respect, I would also like to highlight the contribution that the ADF is making in this current crisis: hundreds of personnel—and, of course, not only the personnel involved with the fire situation but those who are providing very essential and magnificent support to those affected by the floods in the north of this country—and assets, from the tip of this country to its base, are out there doing wonderful stuff. That includes, of course, the joint task force under Brigadier Michael Arnold, the commander of our 4th Brigade. I am very proud of these people, as one of my portfolio responsibilities is the management of our reservists, who are wonderful citizens in that they make so much effort in support of their communities during the day in any event—in their day jobs, so to speak—but also go that extra yard in serving their country by taking on the responsibility of serving as reservists. It is those men and women who are out there right now with the 4th Brigade, as well as our permanent members, who are rendering such incredibly important assistance. It is assistance that is vital. They bring very relevant and useful materials, such as, of course, the heavy plant that our construction engineers have available to them; the lower scale equipment of our combat engineers, such as chainsaws et cetera to clear away debris; the robust communications support that can be provided by our ruggedised vehicles and communications systems that are being sent out there now, the APCs that have been deployed and the signallers and others who are getting out there; and also our transport vehicles that are out there searching at the moment to find other survivors or casualties. There are about 160 reserve soldiers, headquartered in Kilmore, who are part of that search task group and who are out there right now looking for people. Even the company group that are now doing lead-up training to deploy to the Solomon Islands have stopped their lead-up preparation and got out there to assist; they are based out of the Puckapunyal area, which I know so well, and I salute their efforts. It goes a lot further than that, in relation to bedding, tentage, rations and all sorts of logistic, command and control and communications support that our Australian Defence Force is providing in this crisis and, as I mentioned, in the floods—as they always do. It goes to show that the investment that this community and this country make in the ADF has paid us dividends not only in conflict but in our own domestic need. My thoughts are very much with my fellow members of parliament in the affected areas. We have heard of the member for McEwen and the travails she and her staff must be going through. There are the members for Indi, Ballarat and Bendigo. The eloquent speech we heard from the member for McMillan today was very moving indeed. I would also particularly like to send my best wishes to the member for Gippsland, my near neighbour, for whom I have a very high regard. I know that Gippsland has suffered greatly. Their fires can be seen from my borders, and certainly there are a number of fires burning in my own electorate right now, both on the south-west slopes and on the south-east coast. In fact, as soon as I have concluded this speech I will be driving down south to hook up with our RFS people in the Wyndham area. They are doing a wonderful job of keeping those fires under control. So far we have been blessed not to have lost property or life in the fires that are raging around Eden-Monaro, and it just goes to show the importance of the investment that we made during the course of last year in the fire trail work that was done. The Volunteer Grants Program is a system I should highlight here. The last speaker talked about GPS devices et cetera. Support for such things is available under the Volunteer Grants Program. I am delighted that about 69 of our organisations in Eden-Monaro have benefited from making applications to the Volunteer Grants Program, which resulted in them being provided with funding for petrol for people to come for training, for GPS devices, for communications gear and training facilities et cetera for all our RFS, SES, VRS and other support services in the region. A combination of those things has set our region up well. Our RFS and SES teams are so professional. They are tired and they have worked extremely hard, but they have been very successful. Certainly everybody in Eden-Monaro salutes their service. We owe them so much. I will be passing on that message and the messages of support and salutation from this parliament to them tomorrow morning. Communities have suffered great devastation, and we have all resolved that they shall be rebuilt. It brings to mind the words of the hymn about building a new Jerusalem. In fact, this devastation can be seen in some ways as an opportunity. We will need to use it as a way of building communities that are worthy of those whom we have lost but also that meet the challenges that climate change and living in this environment poses. When these communities are rebuilt, we should focus on the best that we can bring to them in terms of energy and water efficiency et cetera. This should be seen as an opportunity to build model communities to deal with the climate change threats that we face. If you will permit me to, Madam Deputy Speaker, on a personal note I would like to pay tribute to my son, Ben. In the last several days of no sleep he has been centrally located in coordinating the efforts of EMA, Defence and other organisations in the federal-state response to this crisis. I am extremely proud of him. He has shown his commitment to duty and motivation in looking after his fellow Australians. My wife and I are very proud of him. Finally, I would ask that Australians, as they are doing, continue to dig deep. Cash is what is needed now. It is very simple to donate that. The online service of the Red Cross is very efficient. It is the method that I use. Also, as the Minister for Health and Ageing pointed out to us today, the giving of blood will be necessary over a period of time. We have to sustain that effort. It is actually better if people make donations further down the track, in the next week or two ahead of us. I hope people will bear that in mind and, where they can, make blood donations. 840 18:52:00 Wood, Jason, MP E0F La Trobe LP 0 0 Mr WOOD —On Saturday, 7 February 2009, in the afternoon, I was driving along Burwood Highway. I stopped at the Dorset Road traffic lights. I think I was listening to an AM radio program, where they announced that the temperature was 46 degrees. It has never been 46 degrees in Melbourne before. As I looked up at the traffic lights, the gale force winds were actually shaking the traffic lights. I have only seen that occur in winter. I thought, ‘The last thing we want is to see any sort of fire today.’ At this stage, there were fires around but not in the Dandenong Ranges. As I drove further up, I could see ahead of me Upper Ferntree Gully, near the Shell service station. To my shock and horror I realised that there was smoke in the vicinity of Quarry Road, which is right beside the train line. At this stage I could not see any CFA units, but I suspect they may have been up at the train line. To give members some indication of how strong the winds were: the flames were going up the trees in a corkscrew effect. I could not believe what I was seeing. I had a flashback to 16 February 1983. That was the day of the Ash Wednesday bushfires. In an ironic twist, I had been at roughly the same location. I had just left the Ferntree Gully Technical School when I looked across and saw a plume of smoke coming from Belgrave South. On Ash Wednesday my electorate of La Trobe was really badly hit by the fires in Belgrave Heights, Upper Beaconsfield and Cockatoo. Belgrave Heights and Upper Beaconsfield saw the loss of 21 lives and 283 buildings. The township of Cockatoo, as we heard the opposition leader, Malcolm Turnbull, mention yesterday, had over 300 houses lost and also six lives. Any loss of life is exceptionally sad but we saw on Ash Wednesday two fire crews, the Narre Warren crew and the Panton Hill crew, have the lives of all the members taken. And captain John Minett the day before had actually been named Victorian firefighter of the year. They went to Upper Beaconsfield and got trapped in a firestorm and all members were found dead. I recall that the member for McMillan, Russell Broadbent, in his very passionate and emotional speech to the House, said that he was only 10 minutes off following those members up there when he was, I believe, captain of the Beaconsfield unit. At the moment in my electorate of La Trobe we have concerns about Gembrook, which is right beside Cockatoo, with a big fire at the Bunyip State Forest. There has now been a change of wind, so my prayers are for the people in Gembrook, which is beside my electorate of La Trobe. To give people an idea of the Dandenong Ranges, if you go from Upper Ferntree Gully to Gembrook it is approximately 20 or 25 kilometres and in that radius of, say, 15 kilometres there are probably 20,000 or 30,000 people living there. I could not believe what I was witnessing at Upper Ferntree Gully, a fire on the 46-degree day with this amazing heat. I honestly believe that if that fire took off across the Burwood Highway and moved through up to the forest, the hills would have gone up and we would have lost an amazing number of lives. My special thanks must go to the CFA crews at Upper Ferntree Gully, Boronia, Belgrave, Ferntree Gully, Upwey, The Basin and Montrose. I have no doubt from what I saw that they saved hundreds of lives in the Dandenong Ranges, in the hills. My office has been in contact with Captain Peter Smith of Upper Ferntree Gully, who has been a CFA member for 35 years, and he is actually quoted as saying this was the best save he has ever seen. I believe him. I could not believe what I was witnessing. They did an amazing job. I did not hang around because my parents live up in the hills and they, like many of the residents, have lived through the Ash Wednesday fires, the 1997 fires and 2004 and they have a lot of experience. Since the 1997 fires they have had two 5,000-litre water tanks. My father has been a member of the Ferny Creek CFA and is what I would call a veteran. He was prepared to stay and fight any sort of fire. Reluctantly I went up there to give assistance. We were very lucky with this fire at Upper Ferntree Gully that the wind was not pushing strongly to the national park. I believe that if the fire was two hours later we probably would have lost the hills. I cannot thank those crews enough for what they did. Captain Smith and all the troops there did an amazing job. I have to make sure we get the message out there to the residents of the hills that they were saved. When I drove up through the hills, going through some of the back streets, I did not feel that I was in danger, because the wind was going across the Burwood Highway, but I saw a few things that greatly concerned me. One was the fact that there were a lot of residents in the traditional shorts and shirt holding a garden hose. As I was going past, I thought to myself: if this fire takes off, they are gone. Even though there are people who put the best fire plans in place, if a fire went up the hills that day, they would be gone, especially the ones who stayed there dressed in their thongs and shirts et cetera. To me it was quite bizarre. The residents of the Dandenong Ranges are very used to having fires, so they are prepared, but I have raised the question before—but we have never had this situation where we have had 46-degree days with 100-plus kilometre winds—as to advice about staying or leaving early, and maybe they can look at this in the royal commission. From what I saw that day, if the fire went through the Dandenong Ranges, staying would have been catastrophic. I will just go back to the Upper Ferntree Gully crew. That day there were 22 members and subsequently they went to help in Drouin, Harkaway, Wandong and Yarra Glen. In my electorate of La Trobe, I think I have over 30 CFAs. Nearly every suburb—whether it be Selby, Menzies Creek or Ferny Creek—has a CFA and they are very prepared for fires. These men and women do an amazing job. We have world-class CFA firefighters in my electorate of La Trobe and in Victoria—and of course in Australia—but I would also like to thank all the support staff for the amazing job they do in supporting the CFA crews. Again speaking locally, I thank the local police who had to stand at the roadblocks in temperatures of 46 degrees, stopping people going up to the hills. The simple reason they did that is that if we did have a fire up there, it would have been absolutely devastating. I did not witness this, but to the south of my electorate we had another fire at Narre Warren North, which sadly claimed three homes but, thankfully, no lives were lost. Again, from the feedback I have been given, if this fire was not stopped, we would have had a major tragedy down the south of my electorate. A big thanks goes to the sky crane Elvis crew. Residents have told me that they did an amazing job. I actually wrote to the Prime Minister last year suggesting that we have two sky cranes—one on standby in the Dandenong Ranges. I congratulate the Prime Minister because he made three available in Australia. From what the local residents are saying, they did an amazing job. Last night in Upper Beaconsfield—where, as I mentioned before, a number of lives were lost on Ash Wednesday—there was a small fire on Lenne Street. Again, I congratulate the CFA crews. On behalf of the local community, I would also like to thank and congratulate all of the volunteers who attended the Narre Warren North fire—the crews from Narre Warren North, Berwick, Narre Warren, Belgrave and Upper Beaconsfield—and a special thanks goes to the crews not in the electorate, who have come from far and wide, from Hampton and Hallam and right down to Rosebud, Tooradin and Ballarat. One of the amazing things about CFA volunteers is that they actually move around the state. Tragically, we have heard that a number of those fighting the fires I will speak about shortly lost friends, relatives and homes whilst out there fighting the fires. When I arrived at my parent’s place and we realised after a couple of hours that a cool change had come in—and it really came in; the temperature must have dropped 10 or 15 degrees—we were looking at Kinglake, which was some distance away, and I could see a glow there. At that stage, I do not believe a death toll had been announced or that it had been announced that anyone had perished. But, sadly and tragically, we have now lost over 173 Victorians. It is disturbing to members of the House and the Australian public to see anyone die, but it is especially disturbing to see children die. It is the most awful thing to see. We have had the tragedy go through Kinglake, Strathewen and Marysville. The township of Marysville is normally regarded as being green and fairly open, not a high fire danger area. Obviously as you go through Blackspur it is. But the Dandenong Ranges are regarded as only second behind California in terms of being the highest fire danger zone in the world. Bendigo, Narbethong and Pheasant Creek have been devastated by fires. Our thoughts go to the families who have lost family members. We also remember the pets. I think we are coming up to nearly 1,000 homes lost and 5,000 Victorians who do not have accommodation at the moment. There has been a lot of talk about early warnings. I know there is going to be a royal commission, but I do not know how many times I heard the Premier of Victoria, John Brumby, say Saturday would be the darkest day in Victorian history, with the combination of high temperatures and winds. So the warnings were definitely out there. But people in Victoria have had many fires and they have survived. After the 1997 fires, a lot of people cleared a lot of the trees et cetera from around their places. But still there has to be more done on removing the undergrowth. People in Ferny Creek had the tragedy of fires in 1997, but this time the fire would have ripped through there if it had gone up to the Dandenong Ranges. I was fairly proud that I was contacted by Sarah Brown, who is a friend of mine and also a volunteer in the Ferny Creek CFA. Sarah contacted me a couple of years ago about the Ferny Creek bushfire alert. This was established after 1997, when three people died in Ferny Creek. I know that Ann Marie and others lobbied very hard, and we gave them funding to improve the bushfire alert system, which basically notifies residents when a fire is coming. In all honesty, though, when they have the royal commission, we have to write to the commissioner about this. This is a great system but, if a fire takes 10 minutes to get from the basin up to Ferny Creek, it would not have given people enough time to get out. So maybe they need to look at getting an alert the day before. Sadly there has been a great loss of wildlife. I believe we have lost in the vicinity of 20,000 animals. We spoke to Tina at the Shangri-La Wildlife Shelter in Macclesfield today. She has received from Healesville Sanctuary only two animals—a wallaby, with burnt feet, and a tawny frogmouth. This is an exceptionally low number. What that means is the fire was so ferocious that the wildlife has just been getting killed. Tina also told us that, sadly, all the animals that were being looked after at a number of sanctuaries in Kinglake and other areas have tragically died. That is another thing we need to look at down the track—the location of the shelters and the means of moving the animals. Hopefully, that will be a subject for the royal commission. Some people say wildlife is not a high priority, but I personally believe that it is. The way we look after our most vulnerable animals is a great test for society itself. I believe we need to look at that. I want to thank the Australian Defence Force personnel, especially the volunteers who have gone in to help. I can never mention and thank enough the CFA members for everything they are doing. I congratulate the Prime Minister and the Leader of the Opposition for their positions on this. I thank the Premier of Victoria, John Brumby, and the Victorian Opposition Leader, Ted Baillieu. They have all been doing the right thing. I am very proud to be a member of parliament at this time. I thank all those who are searching for bodies and doing victim identification. As a former police officer, I can tell you that is an awful job to do, especially when you are looking for and come across children. Finally, I believe some of these fires have been reported as being deliberately lit. Basically we have had arsonists unleash hell on their neighbours, on their suburbs and on other Australians. They obviously do not care about their actions, they do not take responsibility and they get some sort of enjoyment or kick out of it. I could use much stronger words, but, at the very least, they should hang their heads in shame for what they have done to our society. They have put such a black mark on our country and on the emotions of people. God help them if they get discovered by local residents, because I am sure they will give them the punishment they deserve. 843 19:10:00 Dreyfus, Mark, MP HWG Isaacs ALP 1 0 Mr DREYFUS —It is with great sorrow that I rise to support this motion and offer my deepest condolences to those who have lost their loved ones, their property, their precious keepsakes or their businesses or who have survived but with injuries. The past four days have brought natural devastation the likes of which neither Victoria nor Australia has ever seen. At last count, 173 people have died and around 800 houses have been destroyed. Thousands of people seeking shelter have left their properties, and either their homes are still in danger or they are a pile of smouldering rubble where their lives used to be. The news bulletins have been full of stories giving accounts of survival, of loss, of heroism and of people who bear the pain of still not knowing the whereabouts or fate of their loved ones. It is excruciating to watch, to listen to and to read but, at the same time, it is impossible to turn away. One can only imagine the sheer hell that these fine people, in different regions of our state, have gone through. We all hope the worst of the fires is behind us but we continue to brace ourselves for news of more tragedy and loss. The death toll will continue to rise this week as volunteers complete the horrible task of searching homes, sheds, shelters and vehicles for remains. Some of those fighting for life and being treated by the hardworking and dedicated medical staff in our hospitals may lose their battle. It is important to remember those who have perished, whether they decided to stay put and bravely defend their homes in places like Marysville, Wandong or Callignee or they were desperately trying to escape but were trapped on the narrow, tree-lined roads in places like St Andrews, Kinglake and Strathewen. The lives lost are young and old: they are children, parents and grandparents; they are fathers who sent their families to safety while they stayed and were taken by the smoke and flames; and they are entire families wiped out in the most tragic and fearful way imaginable. While it is important that we remember those who have left us, it is also important that we recognise the efforts of the firefighters and volunteers, those who have mobilised in the last few days to fight the fires and to care for and tend to those affected. The incredibly brave men and women of the Country Fire Authority crews and the Department of Sustainability and Environment who have gone into territory that can only be described as hell on earth deserve every bit of praise and appreciation they get. Some of these brave souls have been defending other people’s properties while their own have been under threat. Some have lost their own family members while trying to save the lives of others. This level of dedication and personal sacrifice is indescribable, but I can assure every firefighter and volunteer who has attended these fires that all Victorians are thinking of you and are extremely thankful. It has been heartening to see in the background of news footage fire trucks with names of towns far away from the areas under threat. Fire crews from places like Portarlington on the Bellarine Peninsula and Patterson River in my electorate have gone and helped out at this time of greatest need. Each of the Country Fire Authority and Metropolitan Fire Brigade units based in my electorate has helped out either in Bunyip, Narre Warren, Gippsland or the Kinglake fires that have claimed so many lives. I would like to mention the Carrum Downs, Edithvale, Keysborough, Dandenong, Noble Park, Patterson River and Skye Country Fire Authority units and the Mentone Metropolitan Fire Brigade and thank them for helping out in those vulnerable communities when they were needed. I would also like to mention the contribution of firefighting units that have come from South Australia, the Australian Capital Territory and New South Wales, which itself has been battling major fires, as well as a group of around 100 firefighters who have flown from across the Tasman to help out on behalf of New Zealand. I am sure that when your area is next under threat, Victorians will be the first in to lend a helping hand. I think it shows a great deal of care and community spirit that the response from Victorians has been to turn up to relief centres in places like Whittlesea, Diamond Creek, Alexandra, Traralgon and Chiltern with any clothes, blankets or food that they could fit in their cars and help out in whatever way they can. They have come in such numbers that some have had to be turned away. The response from people donating money, goods or blood to the Red Cross has been overwhelming. Corporate Australia as well is doing its bit, with substantial donations being made from some of Australia’s most well-known companies. I commend all the volunteers, the Red Cross, the Salvation Army, St John Ambulance and many others who have sprung to action when they were needed. As other members have done, I commend the ABC for its coverage of the disaster, particularly ABC Radio, whose non-stop coverage of emergency announcements from Saturday morning onwards I know was a lifeline for many. The radio coverage, with its precision and its immediacy, brought home to the rest of us the scale of the disaster as we heard town after town, community after community, added to the list of fires and fire threats. Seeing the footage of entire towns being wiped off the map, it is difficult to grasp that the people who survived will have the drive to go back and rebuild where their houses used to stand. Some of the areas hit are extremely beautiful places. As a teenager in the Scouts I used to go camping and bushwalking around Kinglake, Marysville and Healesville. We took our young children for picnics in the area. I love the area for its beauty, serenity and the good people who call these places home. They will rebuild. These towns and communities will never be the same, but they will be rebuilt. For some the painful memories will be too much and they will not be able to go back. Places like St Andrews, Kinglake and Marysville have extremely tight-knit communities and many of the survivors will return and work tirelessly to bring these towns back to life. I hope these communities are reborn so that future generations can enjoy the peaceful tranquillity of the hills north-east of Melbourne, which many Melburnians, including me and my family, have had the privilege of doing over the years. I give my condolences to the members for McEwen, Bendigo, Gippsland, McMillan, Murray and Indi in this place and to their constituencies who have had these fires hit them so hard. We have heard moving speeches from members with directly affected electorates—I say ‘directly affected’ because all of us are affected by these fires. I particularly mention the fine speeches of the member for Bendigo yesterday and the member for McMillan today. They were speeches which conjured up the horror and the terror of these fires and conveyed to all members of this House the losses that their communities have suffered. I grieve for those who have passed, for those whose loved ones have passed and for those who have lost everything. I hope they can still have hope for the future. We are behind you. We will help you. As the Prime Minister said today and the Leader of the Opposition confirmed, the whole of this parliament is committed to doing whatever it takes to put these communities and all of those affected back on their feet. 845 19:20:00 Secker, Patrick, MP 848 Barker LP 0 0 Mr SECKER —Like you, Mr Deputy Speaker Adams, I represent a rural area. We have to deal with bushfires but, hopefully, never to the extent of the horrific events that people in Victoria have experienced and will continue to experience for some time. I can remember, as a farmer in the Adelaide Hills, experiencing the 1980 fires and Ash Wednesday in 1983. Indeed, in 1980 the flames got to within about 100 yards of my farm. There was not much grass on my neighbour’s property to fuel the fire, but, probably more importantly, the wind changed and turned the fire back on the burnt paddocks, so they were able to stop it. Even today, 25 years later, people still remember those horrific experiences. I was a councillor with the Happy Valley council at the time. After fighting the fires on the day, my job for the next couple of days was to go out and visit properties to see that they were all faring well and hopefully not discover anything horrific. Thankfully, I did not. On a lighter note, I do remember stumbling into a nudist camp on that journey around the bushfire affected areas. They had been affected, but fortunately they were still able to enjoy their activities—although I must admit I hightailed it out of that place as quickly as I could! I remember getting up on the morning of those fires and walking outside on my farm and immediately smelling the fire. It was 50 kilometres away at that stage. It nearly reached my place by the end of the day, but you could smell the fire 50 kilometres away and see it on the horizon. You could see ash already floating in the air from that fire. It was a very eerie feeling, and I suspect people had the same feeling on that horrid Saturday. During the Eyre Peninsula fires, only about three years ago, my brother lost everything on his farm. It was only through a miracle last-minute intervention by a water bomb that his house was saved. Everything else—the sheds, the fences and the stock—was destroyed. He has taken a long time to recover from that, but we will rebuild, and I am sure we will rebuild in Victoria. I have to say I was somewhat surprised by the contribution by the member for Wills. I thought it was quite insensitive to get up and say it was all about climate change. Frankly, why are we having a royal commission if we already know it is about climate change? I think there is going to be some disagreement about that. In fact, a Victorian parliament committee report, from the inquiry into the impact of public land management practices on bushfires in Victoria, very much downplayed the role of climate change and identified the need to reduce fuel loads by back-burning and slow burning, which, as has been mentioned by other members, was almost the natural way in Australia. The report actually recommended that the state government should triple the amount of back-burning and slow burning in Victoria from 130,000 hectares to 385,000 hectares. Unfortunately, the state government have not implemented that recommendation in full. I hope that they rethink that. In supporting this condolence motion, I quote the former Chief of Army General Peter Cosgrove, who said: Without doubt the best quality we observe across the entire Australian community is a natural willingness to pitch in and have a go, to help others. We see it of course whenever there is an emergency or a worthy cause. We see it in every community volunteer organisation from the lifesavers to the bushfire brigades through to the thousands of youth and mature age sporting clubs and those great international service organisations like Rotary— Lions, Apex— and many others. We see it in our professional bodies such as the police, fire and ambulance services and of course in the defence force. It is a generosity of spirit and a selflessness that is perhaps our most precious heritage to hand onto younger and newer Australians—a nation of people who care for and look out for each other. Whilst General Cosgrove could not have envisaged the shocking loss of life and devastation of the Victorian bushfires of this past weekend—no-one could have—his words nonetheless sum up the spirit of Australians, whose enduring philosophy of ‘we’re all Australians and we’re all in this together’ is most evident. I recently said in this place that rural and regional Australians are resilient because they have to be. The hardships of rural life, of drought, floods or bushfires, are part of our lives. Australians help each other. It is an old Australian trait. You do not have to have a degree in psychology to know that in Australia social bonding coincides with extreme hardship. It is the spirit of pitching in, getting your hands dirty and helping out a fellow Australian. Perhaps it has its origins in the hardships endured by early Australians, which caused them to feel a great sense of reliance on each other. Whatever its origin, helping each other is integral to the Australian spirit. It defines our unique strength of character and pride that is reflected through the courageous and selfless acts of Australians working behind the scenes every day, and it is most evident in rural and regional Australia. Rural and regional people live and work in communities that have been devastated by bushfires throughout history. My own electorate of Barker was particularly savaged by the Ash Wednesday bushfires of 1983, at the same time as the Victorian ones. Sadly, those Ash Wednesday fires are now recorded as the second-deadliest bushfire disaster in Australian history, as we now learn that the 2009 Victorian bushfires have claimed more lives. Without fail, then as now, the Australian response is to pitch in to offer help in a variety of ways. I was moved by the plight of those who have lost family, homes and livelihoods and I was equally moved by the response of rural and regional Australians. Those yellow uniforms of the CFA volunteers represent more than 3,000 rural and regional Australians tackling the blazes at the weekend, working tirelessly around the clock. Even while the extent of this disaster was still unfolding, South Australian producers and farmers with sympathy, generosity and plain common sense were already mobilising. They are donating hay and emergency stock fodder for the surviving livestock, materials for fencing, farm machinery, equipment, and trucks and fuel to carry these to Victoria. Rural businesses which are already challenged with the economic downturn have also pledged hundreds of thousands of dollars to help the victims rebuild their homes engulfed by the bushfires. Their response, an unprecedented outpouring of assistance, while extraordinary, is nonetheless typical of farmer helping farmer, country folk helping country folk and Australians helping each other. The practical help and unthinking generosity is all the more remarkable, coming as it does from families who endure isolation and years of drought. I commend and thank the wonderful people in my electorate who have been so immediately responsive and generous. It does not surprise me. As a community we all learned from the Ash Wednesday disaster in South Australia, the fragile sense of our control over the natural world. We made changes in our planning in South Australia to deal with that. For example, in my electorate, any new developments had to have a full water tank—5,000 gallons or, in the new terms, 22,000 litres—during the fire season, with a diesel pump that could be used either by them to protect their house or by firefighters in need of quick access to water. We also ensured that new developments had a clearing around them. So, while the trees might have to be 20 metres away, they still looked beautiful and there was at least a clear area around the buildings, whether they were farm buildings or houses out in rural areas. I would like to think those things would help. Like other members of this House I think we should be very interested in the idea of bunkers. The picture I saw in the paper was of a cement water tank with a bunker next to it. It would obviously give some relief from the heat as well as provide protection. That is perhaps something that planners all over Australia should look at, because it could save lots and lots of lives. We have learned that when disaster strikes it is unimaginable. Nature means that even the best preparations are inadequate. Even though we can make changes to planning laws, I think on days like those of last weekend it is going to be very hard to stop that sort of wildfire situation. Calamities like Ash Wednesday and the fires in Victoria last weekend show the capacity of rural and regional Australians to act in a collective way to support other rural communities and nurture those whose lives, families and properties have been affected. They remind us that we depend on each other for protection and help, and they reflect the healthy societies of rural and regional Australia, which are built on people who act collectively rather than with self-interest. As I travel through my electorate, which thankfully was spared—we had very similar conditions to those in Victoria, so one can only wonder why; in South Australia on Saturday we had hot, windy conditions and they were shockers but thankfully we did not have a major problem—I am constantly reminded of local contributions and acts of community service which generally go unnoted and unrewarded beyond that community. Right now we are in shock and disbelief at the extent of this disaster, but there will come a time when we will reflect with less mourning on what is unfolding and when we might more fully appreciate the community’s generosity. But I and many other Australians will probably never know the full extent of the generosity of the people of my electorate and others. I know that they do not seek recognition. To the generous rural and regional Australians responding to the bushfire disaster I say: you bring light into what is a very dark day and make Australia a better place to live. I sincerely thank you. 848 19:33:00 Marles, Richard, MP HWQ Corio ALP 1 0 Mr MARLES —I rise to speak in support of this condolence motion. In all that has been said in the last three days, the recurring theme has been the utter inadequacy of words to describe what we have all seen and heard, and certainly that feeling bears down upon me now. The last fortnight has been simply horrific. Saturday was the hottest day in Geelong’s history: 47.4 degrees. It was a day that was quite different to any we have experienced before, and we have been left wondering whether such hellishly hot days are now part of our lives. The heatwave which has engulfed south-eastern Australia is likely to become the worst natural disaster in terms of lives lost in Australia’s history, outstripping the deadly heatwave of 1939. The macabre stories of mortuaries in Adelaide and Melbourne filled beyond capacity are a terrible reminder of the numbers who died even before the weekend’s events. In all that has occurred, we must remember them. It is the utter horror of 7 February 2009 which, outside of war, is the most calamitous in the history of our nation. The loss of life speaks of an event we did not imagine could occur. It manifests on this day in a collective misery that is gripping so many ordinary Australians who, only last week, were as oblivious to their fate as the rest of us. Geelong has in part been represented in this disaster by the Victorian Minister for Community Services and member for Bellarine, Lisa Neville. She has been visiting fire scenes and ensuring that her department’s services are properly responding to this disaster. In speaking with her many times in the past few days, the nature and magnitude of what has occurred has revealed itself to me as truly shocking. In one case, she told of the fire bearing down on a line of cars, each filled with people in a desperate race to safety. The fire spared one family, but the cars both in front and behind were engulfed in flames. There is randomness in this that is both confusing and at the same time stark. Children loom large in this disaster. Many have witnessed unspeakable horror, images they should not have had to see. Others have perished and will account for many of the dead. When I heard this, I tightly hugged each of my three. Yet Lisa also makes it clear that standing tall in the midst of this nightmare are human qualities that are inspiring and wonderful. There is the heroism of young Rhys Sund, who, the Age reports, twice braved the burning paddocks in a tractor to save many of his family from what would likely have been their deaths. There is the desire of the survivors of Kinglake to have one relief centre at Whittlesea, not two, so that they could stay together and be there for each other. In the darkest hour, people want to be with people. They want to share their experience of trauma together. This is a tragedy that will be overcome through a collective community spirit. That is the case among those in Kinglake and, at a broader level, it is the case for all of us in Victoria and throughout Australia. On behalf of the people of Geelong, I wish to say to all those touched and hurt by the fires that we are with you. Geelong grieves with you, and we will offer our prayers for you in a memorial service in St Mary’s church this Thursday night. Geelong wants to help, and a benefit concert is being organised for 1 March. In this we are no different to every other Australian town and city. Already more than $15 million has been raised through the Red Cross relief fund, in an extraordinary demonstration of Australians helping Australians. I would like particularly to remember Danny Shepherd, an instructor and relief manager at the City of Greater Geelong’s Leisurelink and Splashdown centres. Danny went to Kinglake on Saturday to help members of his family and, in the process, lost his own life. Our thoughts are now with Danny’s family and friends. He will be greatly missed. I would also like to give thanks for the life of the mother of Kylie Fisher, which was spared on Saturday. Kylie is a friend of mine and a councillor at the City of Greater Geelong. On Saturday evening her mother, who lives in Kinglake, was caught in the fire. Kylie was in contact with her. In Kylie’s words: I had one phone call from her saying they had to evacuate, then about five minutes later she rang back hysterical. She said she was in a shed with no electricity and there was smoke and she wanted to say goodbye and that she loved me. It would be another two hours before Kylie discovered that her mother had survived. There was unimaginable trauma in those two hours. There was unadulterated joy at the end of it. Kylie tells me that as soon as the road to Kinglake is reopened she will be up there in a flash. Many hugs are needed, she says. In the meantime, Kylie has been giving her time staffing phones for the Geelong Advertiser relief fund. She has asked me to investigate the best way she can donate some of her tax bonus to those affected by the fires. The Country Fire Authority, the emergency services, medical services and support workers and the thousands of Victorians and the Australians who have put their own lives in harm’s way to fight these fires have, by all accounts, been utterly remarkable. It is clear that without their efforts many more homes would have been destroyed, many more lives would have been lost. Among their number have been 400 members of the Geelong and Colac CFA brigades. They returned to Geelong as heroes. Yet Geelong’s greatest connection with these fires is a shared experience of the country in which we live—country Victoria. Terrible memories come flooding back of Ash Wednesday 26 years ago, which struck closer to our home on that occasion, leaving our city shrouded in smoke; and of Linton 10 years ago, which tragically took the lives of five CFA volunteers from the Geelong West Brigade: Christopher Evans, Garry Vredeveldt, Stuart Davidson, Jason Thomas and Matthew Armstrong. We spare a thought today for their families, for whom the grief of years past will be rising again to the surface. For all of us, our emotions at this time are swirling. We feel horror at the carnage. We ask why and how. We feel anger at the prospect that arson may be to blame. We feel helpless at the inability to change what has happened. We feel shock that this could so easily have occurred in our own region. Time will provide a certain clarity, but right now some things do feel clear to me. I feel profound grief for those who have perished and those who have suffered loss. You are in our thoughts. I feel pride for those who have come to the aid of their fellow Australians and defined what is best about our country. You have our utmost praise. And, most of all, I feel for those who are continuing to fight the fires and those others in hospital who are continuing to fight for their lives. Our prayers are with you. 850 19:41:00 Gash, Joanna, MP AK6 Gilmore LP 0 0 Mrs GASH —It is difficult to find the right words to express the disbelief and horror at the bushfires that wrought havoc through Victoria this last week. So many lives have been lost. So many survivors will have to live with the emotional and physical scarring of what is surely an event of unprecedented magnitude. Watching the footage on television brought back to me the memories of the bushfires we had in the Shoalhaven—we live in a very high-fire prone area; in fact, 65 per cent of our land mass is crown or National Parks and Wildlife land. As significant as the fires were when they occurred in 2000 and 2001, they pale into virtual insignificance in comparison with this latest devastation by fire. The word ‘holocaust’ springs to mind. At the time of the Shoalhaven fires I was working in the fire control centre in Nowra, so I have some appreciation of what people went through then and now. Luckily, we lost no lives, but the trauma during the event and the after-effects were all too real. I offer my sincerest condolences to the families and friends of those who perished. I hope to God that I and anyone I cherish are never put in that position. The ever-escalating list of victims being broadcast and reported is reminiscent of a casualty list from a war in some far-off land. The television footage, the imagery, the words spoken will never convey what it was like for those who went through it. I looked at the faces of the survivors on television. Some had the vacant stare of those with shellshock, completely numbed by their experiences, their minds not yet fully registering the enormity of the event; others were weeping openly from the shock; yet others were angry and wanting to strike out; some could even find something to joke about. Indeed, it is beyond comprehension for anyone who was not caught up in it, like some sort of bad dream. I would like to pay a special tribute to the firefighters, the volunteers who are out there in the most extreme of conditions and giving it their all. In the weeks and months ahead there will be stories emerging of heroism and sacrifice. One virtue will be that any individual episode of heroism will not be eclipsed by another, and every act will be accorded the honest recognition it warrants. To those who will have to work with the survivors I say: the compassion and care you show will be critical for these people to make as full a recovery as they can. Even then, they will not be able to eradicate the memory. For many, their idyllic rural setting turned into a hell. They will be going through varying degrees of emotion as they tackle the grieving process. I pray to God they all come out of it. We must do all we can to assist in that process. We can replace the material losses, and the speed with which we do that will go a long way to bringing these people back to normality. I would also like to commend the media on the quality and sensitivity of their reporting. They have within their capacity the ability to colour the atmosphere or exploit the story-line. This did not happen. Instead, without exception, each journalist was honest and compassionate. I think this will contribute greatly to the feeling that we are all in this together. The eloquence in expression may have been varied between reporters but the sincerity and honesty was uniform, such was the impact of what they were witnessing and what was unfolding before their eyes. Perhaps it will be someone else’s turn next year, because that is the reality of the continent and the times that we share. While tragic, we should draw from this experience and learn to work together as a community and as a nation, because once again we are being called upon to rise to the occasion as we have done in previous times and to pull together as Australians have done in past tragedies. But for the moment our thoughts are with our Victorian neighbours, as are my thoughts with the members of parliament who cover these electorates. People will remember this catastrophe for many years to come. We can all draw some solace from the event in that crisis works to bring us together in a common bond. It will make us stronger. But now let us pause a moment to remember, to share the grief, and then let us get on with the task of repairing and healing. I would like to thank all those who made their heartfelt speeches in the parliament yesterday and today. They were sincere and they went across the political divide. It made me proud indeed to see the unity that exists at this terrible time for these families who have lost all. I know we have all bonded together and we will do all we can to do what it takes to rebuild not only towns and villages but the lives of those who have survived. Australians are the most compassionate people in the world, as has been shown on so many occasions. Already in my electorate of Gilmore donations of all kinds are forthcoming. Even my office staff said today they have arranged a sausage sizzle with the assistance of Woolworths to raise funds. It might not seem much but, as they said, ‘Jo, we have to do something,’ and do something we all will. 851 19:46:00 Burke, Anna, MP 83S Chisholm ALP 1 0 Ms BURKE —It has now been a few days since Australia as a nation faced one of its darkest days, the worst natural disaster we have ever encountered. And still the realities of what occurred seem surreal. I generally do not like talking on a condolence motion; I often feel I am treading on someone else’s grief. But I think we are all sharing in this tragedy and this horror and we need to put on record our sympathy and our thoughts and feelings. The weekend’s fires were the result of the most severe weather conditions ever recorded and led to insurmountable losses with over 170 dead. I am assuming the toll has probably been reported as greater but I have not seen the news. Five hundred have been injured and almost a thousand homes destroyed, thousands left homeless, countless fields destroyed, businesses destroyed and animals and wildlife all gone. This is a tragedy of monumental proportions. Families and communities have been left shattered as entire towns have been virtually wiped off the map—towns we will rebuild. This has no doubt been the most tragic event to take place in my home state of Victoria and as such it will go down in history as one of our country’s darkest moments. It is not something we need to feel a glow about but in years to come we will also remember the heroism, the community bonding and the better moments and the better values of our society and our humanity from it. On Black Saturday, as it is becoming known, over 400 fires burnt throughout the state, leaving a pattern of destruction and utter devastation in their wake. Horsham, Bendigo, Beechworth, West Gippsland, Kinglake, Kilmore, Marysville, St Andrews, Narbethong, Flowerdale, Churchill and numerous towns in between all felt the unrelenting wrath of Mother Nature at her most fierce. I think that was the thing that you really could not get your head around. You are sort of used to fires being in one area. The entire state of Victoria at the fringes was almost engulfed by flames, and we need to remember that those fires are still burning, and some of them are very serious still. The harrowing firsthand accounts of those involved in the fires beggar belief. Reports of the sky raining fire and the speed at which flames swept through properties are terrifying. It is scarcely imaginable. Danielle Reeves, a Kinglake survivor, tells of her terrifying ordeal in one of today’s newspapers: At one point it all went black. We could see fire closing in on all sides. Our last option was to go down to the back dam, chuck the kids on a raft and chuck blankets over us and try and hope that the fire would jump us. There are numerous other personal accounts of miraculous survival and courage. However, it is the tragic deaths and loss that will forever resonate with 7 February 2009, a date that will be etched in our national memory for eternity. I certainly remember where I was on Ash Wednesday in 1983. I shudder to think that it was my last year of school and that it is now 26 years ago, but I can remember being in the back playground at school thinking the world was coming to an end. In very-inner-city Melbourne, ash and dirt were raining down upon us from the devastating fires and the fields that were literally being whipped up from country Victoria and descending upon us. My mother, who was working in inner-city Melbourne in 1983, said that the mums from the high-rise flats in Fitzroy—many of whom were refugees from Vietnam—came screeching into the playground, whipping up their children, thinking that the world was at an end and that Australia was under attack, because at the high-rise all was dark and gloomy and nobody knew what was going on. She said, ‘By the end of the day we had about two children left on the playground.’ I can remember that vividly, and I think I will always remember last Saturday vividly. It was a hellish day in Victoria. The heat and smoke were just horrendous. By some ludicrous stretch of fate, we were in town. My husband and my children were up to see a live production, and it was going to be a lovely day, except that it was incredibly hot. We left the theatre complaining of the heat, and then we turned on the radio. After about 10 minutes I turned off the radio because my children were becoming quite disturbed at what they were hearing. All that kept resonating with me was: ‘We’re feeling ill at listening to it; what is happening to those people who are experiencing it? What is happening to those mothers and fathers and their children who are actually in this maelstrom?’ I want to offer my heartfelt condolences and deepest sympathies to those families and communities suffering as a result of this tragedy. Our thoughts and prayers are with you all at this devastating time. You are not alone in this. This parliament and the entire country are behind you all, and we will continue to support you in the long and difficult task of rebuilding a normal life. Earlier today I spoke to a constituent of mine. As I said then, I did not want to trample on their grief, but it shocked me that in my electorate, which is pretty suburban and quite far away from the fires, we now have a family that has no idea where their loving father is. He went down to see if he could help in Marysville, where they had a holiday home, where they had spent a great deal of their life and where they were very involved in the community. This individual is a charming character and a great member of our community. He has not been seen or heard from since Saturday. His family have no idea. They believe the worst has happened, but until they hear they are keeping on quietly praying and hoping. It is the stark reality that everyone in Victoria will be impacted by this tragedy. A staff member of mine’s father was quite devastated on Saturday to find that his apprentice, who had been working with him for quite some time, had lost his life trying to get out of the Kinglake area. So all of us, in some way or other, have been impacted, and it will take a long time for our communities across Victoria to rebuild. The harsh reality of this disaster is that the death toll will continue to climb as more bodies are discovered by the emergency personnel on the ground. As the Prime Minister and the Victorian Premier have reminded us, we need to brace ourselves for more bad news. In this troubled time of mourning and tragedy, there have been heroes continuing to fight fires on the ground across Victoria. The work of the CFA and emergency personnel at this time cannot be overstated, and I wish to record my thanks to them and also to the Red Cross, the Salvation Army and the countless community groups working on the ground through this tragedy. As the fire continues to threaten communities, we offer our enduring support to the emergency services working across the state. Many of these people are volunteers who typify the Australian spirit, selflessly helping and protecting others out of a sense of mateship and community. I want to offer my sincere thanks to those people providing a helping hand on the ground. All of you are heroes. Many have travelled from across the country and, indeed, from overseas to assist those left devastated and to fight the fires that continue to burn. The rebuilding of communities affected by this unparalleled tragedy will be an immense task. Of course, the government is providing emergency assistance and will continue to deliver further measures to assist those in need. I particularly want to thank the ambulance officers on the ground. Yes, it is a bit selfish—being married to an ambo and knowing a lot of the ambulance officers who were out there on the day. Many of them felt a bit helpless because they could not get in and out of the fire area. They were all stationed there waiting to go but they could not drive their ambulances in to pick up the victims. A very good mate of my husband’s was there on the day. She was working with an ambo from Kinglake. While he was on duty his house burnt down. Luckily, his wife and children were fine, but he had to end his very long shift before he could find out how they were. For the people dealing with fire victims it is incredibly traumatic. It is particularly traumatic for the victim, but for those dealing with them it is just overwhelming. My husband very rarely describes what goes on at work, but he will tell you that dealing with a burns victim is incredibly complicated and the smell is just unbelievable. Fire victims are in immense pain. They are at great risk from ongoing injuries. It is not just the burn; it is the internal organs, the airways, the ability to keep their fluids up and it is the infection risk. The people who were dealing with these patients on the ground at the time, before they could get them to the hospital to stabilise them, were under great stress. They came across some horrific scenes. So I want to thank all the ambos who were out there, who did an enormous amount of work and who are still doing an enormous amount of work. A friend of Steve’s and good mate of ours said that it was really hard. In one case it took them two hours to get a victim out of a situation before they could even make a start out on the road to get the person to the Alfred. It was a very complicated job and they needed some extra help so they asked one of the cops to assist. Our friend said, ‘Cops are really good at assisting because they do what you tell them.’ She was very impressed, but at one stage they were a bit worried that the poor police officer assisting was going to be needing support next because, as I said, dealing with these individuals is pretty horrific. I also want to thank Monash University for donating its Gippsland campus to the support effort. The Gippsland campus at Churchill was under immense threat itself, and the university has donated the area around it to the effort. Support vehicles are stationed there and people are using the accommodation and services at the campus. The community is chipping in. That is what Australia is terrific at doing. I commend everybody. Support from the Australian community will be vitally important to the rebuilding process. We have already seen a tremendous outpouring of generosity from the community. I thank all those who have contributed to the cause and I urge the public to continue to open their hearts and to give generously. Now more than ever is the time when we need to pull together and offer a helping hand to those so adversely affected by this natural disaster—the worst of its kind in our history. As the Prime Minister mentioned earlier today, we must adopt a common resolve to help these communities to rebuild so that they can re-establish their lives. We must help these families and communities to dust themselves off so that they can get back on their feet. We all know that it will take time and that it will be difficult. The scars and injuries will not heal overnight. Indeed, this will take decades for people to get over. But we also know that Australians stand together when times are tough. We will do whatever it takes to see these communities through this atrocity and support them in their resolve in restoring their livelihoods. In concluding, I want to call upon all Australians to consider donating blood—not this week but in the weeks to come. The burns victims will need ongoing blood and plasma supplies. So do not just give your blood today; give it into the future because it will be vitally needed in the weeks and months ahead. Some of the Bali bombing victims still require blood products to this day. I want to commend to the House all the fantastic words spoken by all the wonderful people in this place who genuinely do come here to try to make the world a better place. 854 19:58:00 Vale, Danna, MP VK6 Hughes LP 0 0 Mrs VALE —It is with great sadness that I ask to have my name associated with the words of the Deputy Prime Minister and all other members of the House who have spoken so eloquently on this motion. I wish to express my condolences, and that of my family and of the many families in my electorate of Hughes. The good people of Victoria are facing their darkest hour as they stand against the fury of the worst firestorm recorded in our history. However, the good people of Victoria should be encouraged that they do not stand alone. The rest of Australia is with them in our hearts, in our prayers, in our practical support and in the very physical presence of so many hundreds of volunteers and service agencies. The sheer terror of this natural phenomenon subdues us all into a shocked silence as we watch the news footage that shows the utter destruction of homes, hamlets and communities. We listen in disbelief to the daily increasing toll of our fellow Australians, and I understand that it is now above 180. While we are fully aware that the fiery month of February brings with it the terror of rampaging bushfires across our wide brown land, the firestorms raging through Victoria are unprecedented and leave us all bereft of the proper words to express our shock and disbelief. Our fellow Australians in Victoria have been on hell’s anvil this week; and, worst of all, it is not over yet. The inferno continues. The firestorm advances on several fronts and we learn that the death toll may reach 200 before it is over, which still may take weeks. However, where words may fail, the people of Victoria have seen the giant hearts of their fellow Australians as they bolt into action, and in the face of the wrath of outrageous nature so many committed Australians are already lending a helping hand, a broad shoulder or steadfast support. So many of our fellow Australians are living embodiments of the spirit of mateship in the meaning of that true-blue Aussie term. While I wish to associate myself with all the words of my colleagues who have spoken on this motion, I also wish to acknowledge the fine contribution and tireless commitment of all those involved in assisting the many families to cope with the reality of surviving these firestorms. I include the police, the paramedics, the ambulance service, the doctors, the nurses, the firemen, the Red Cross and the Salvos, to name but a few of the many agencies who are out there in the field lending a very practical and welcome hand to the thousands of victims who are traumatised, homeless and, in some cases, grief stricken at the loss of a loved one. Further, on behalf of my constituents, I especially wish to thank all those members of volunteer emergency services who put themselves at risk to help their fellow Australians at times of crisis and who now, once again, step up to the plate to serve their local communities. We have all seen footage of those heroic members of the Country Fire Authority, tired and exhausted from hours of fighting the flames of an unforgiving and relentlessly rampaging element. We have all heard that many of these volunteer firefighters from the Victorian CFA have also lost their homes and, in some cases, family members in this firestorm. I also acknowledge the many volunteers, and especially the volunteer firefighters, who have travelled from other states to assist the CFA in this time of great need. I especially wish to commend the men and women of the Sutherland Shire Rural Fire Service from my electorate of Hughes. Thirty-one volunteers from local rural fire brigades travelled to Victoria last Sunday and have been deployed in the Beechworth area assisting the local CFA brigades. Sutherland shire personnel from Heathcote headquarters, Loftus, Maianbar, Waterfall, Menai, Illawong and Heathcote communications brigade—which, I might add, includes my long-suffering husband, Bob—formed a strike force, lead by team leader Peter Evans, comprising five heavy tankers and the communications operational command vehicle. They were ready to be deployed on the Monday. The team will be relieved this coming Thursday by a further 30 personnel from Sutherland shire brigades. I also acknowledge the work of the personnel who remained at home at the Heathcote fire control headquarters under the leadership of Andrew Pinfold and who continue to work to support all our brigades and personnel in the field. We are not strangers to the ravages of bushfire in the Sutherland shire. In a beautiful bushland area just south of Sydney, bordering on the Royal National Park and stretching across to the Heathcote National Park and the Holsworthy defence area, the leafy tranquillity of peaceful residential areas between the waters of the Georges, Woronora and Port Hacking rivers belies the very ready threat of bushfire that comes with every summer. Some of the places that I visited once upon a time when I was lucky enough to travel through the Yarra Valley—and I have seen Marysville and the beautiful Healesville area—are very similar to the leafy residential suburbs of my electorate of Hughes, and it is easy to understand how the kind of tranquillity that presents itself in softer climates can turn into an inferno so very quickly. The people of the Sutherland shire are not strangers to the traumatic loss of life and property which is left in the scorched wake of a rampaging bushfire. As a matter of fact, in the fires of 1994 we lost 94 houses almost in one street, on Woronora Crescent in Jannali. One young mother died in that particular inferno. Indeed, our awareness of the destructive force of fire is the very reason that our communities are protected by 13 brigades under the Heathcote fire control headquarters. Many of the volunteers serving in these brigades represent several generations of family commitment, with many a grandfather serving alongside his grandchildren in the defence of their neighbourhoods and their local communities. To the list of the brigades already mentioned, I would also like to add the brigades from Woronora and Sandy Point in my electorate, as well as the brigades at Kurnell, Bundeena and Grays Point, who serve in the neighbouring electorate of Cook. I also wish to take this opportunity to thank the members of those brigades for their commitment and service to the people of Victoria, as well as their service and commitment to the people of the electorate of Hughes. We are all very much aware that, given the same weather conditions, we could once again find ourselves facing the very same danger as our fellow Australians in Victoria. I note that the Premier of Victoria has called for a royal commission into the causes of this firestorm, with its unprecedented ferocity and its unprecedented intensity. I sincerely hope that such a commission will provide sound recommendations that will be implemented so that the ferocity and intensity of this firestorm may not occur again. At the very least, we owe such a commitment to the many families who have lost treasured loved ones in this inferno. It is all very well to call for a royal commission, but if its recommendations sit on a shelf somewhere to gather dust then we have failed these Australian families and, worse still, these dark days will be repeated sometime in the future. We all know that there are reports that have taken a lot of time, money and effort, yet, regrettably, their recommendations go unheeded. I do not want to see that happen to this particular report of this Victorian royal commission. We all clearly understand that we cannot control the weather, the high temperatures or the strong wind velocity, which combine with forest fuels to produce a bushfire. But we can do something about the amount of fuel on the forest floor, about hazard reduction in the winter months and about the amount of red tape that limits the opportunities for our volunteer fire brigades to undertake the appropriate hazard reduction at appropriate times. Local fire authorities should be able to make local decisions about the need for, the time of and the amount of hazard reduction in any given area. This fire is unprecedented. It really is a firestorm, and I do hope that the commission seriously looks at the impediments to appropriate control at the local level by well-trained local bushfire brigades not only in Victoria but also in New South Wales. I have been very proud of all my parliamentary colleagues this week and of the manner, the sentiment and the tone of the many contributions that they have made in this House. We are united in trying to deal with the enormity of this national tragedy which has become the heartbreak of our nation. But let us continue that unity and all commit to implementing the recommendations of this report when it is handed down. The Nairn inquiry’s report into the Canberra bushfires in 2003 still gathers dust on the shelf, yet there are recommendations in that report on appropriate hazard reduction that have not been implemented anywhere. I also urge everyone in my electorate—and I know that they are noted for their generosity; they have been generous in the past—to dig deep and make contributions to those calling for them. There are many options available to them, and I do urge them to donate. I know that they will. As I said, they have been very generous in the past. But it is with great sadness and, again, with continued disbelief that I join my colleagues in commending this condolence motion to the House. 857 20:08:00 Tanner, Lindsay, MP YU5 Melbourne ALP Minister for Finance and Deregulation 1 0 Mr TANNER —Like so many other country Victorians, I grew up in the shadow of bushfire. I can remember in primary school learning a bit about Black Friday. I remember reading books by authors like Ivan Southall. Bushfires were so much a part of ordinary rural life when growing up. In my late teens, I spent two summers—two fire seasons—working for the forest commission doing a range of things, including fighting bushfires and experiencing something that is pretty common in rural Victoria. But the events of last weekend and, indeed, more recently—the extraordinary intensity, the severity, the horror that unfolded and all of the appalling consequences that flow for so many families and so many communities—just overwhelm all of that past experience of people like myself and so many others who have grown up in country areas where bushfires are prevalent. Others have expressed very eloquently the enormity of the tragedy—the heartache, the loss, the emptiness and the suffering that will prevail for so long for so many people and families. On the other side of the ledger, they have spoken of the miraculous escapes, the extraordinary self-sacrifice, the heroism and the dedication of so many people who have worked so hard to keep their fellow human beings safe and to look after their property and animals. I do not wish to reiterate those themes; I think they have been very amply and eloquently expressed by so many of my colleagues. I want to make a few points that arise from the terrible events that we have all experienced or seen in recent days. First, these experiences touch so many different people and spread so much wider than just those immediately involved. I note the comments by you, Madam Deputy Speaker Burke, about one of your electorate staff. I discovered last night that my daughter’s kindergarten teacher has lost her home—she lives in Strathewen—and my wife is already involved with others in the kindergarten in organising things to assist there. I have been on the phone to my brother quite often in the last few days, because he lives in an area that is now not far away from the latest threat in Healesville. He was up all Saturday night with his wife and two small children, listening to the ABC and scanning the internet, with two suitcases packed, ready to get out of there. These are limited connections with these events, but I have no doubt that most of the members of the Victorian delegation to parliament will have similar connections, some perhaps more telling, and that most Victorians will have connections of some kind to those events and will have people whom they are connected with—people whom they need to help, to worry about or to look after. In a sense, that is a good thing. It means that, for most of us, these events are extraordinarily immediate and familiar in so many terrible ways. They are connected to us and to our communities, even for people who, like me, are in and represent the centre of Melbourne. The second point that I want to make is that already we are seeing a wide variety of arguments, understandably, about these events emerge in the community—about what went wrong, what bad decisions were made or who is to blame. That is understandable, but I urge people to exercise restraint and withhold judgment, because it will be quite some time before we are in a position to truly understand where blame should be allocated, if it should be allocated, and what the factors are that have caused so many deaths. All of these things are quite complex, and inevitably you are seeing some people emerge who are running particular themes which may or may not have some merit but which happen to be themes that they hold dear irrespective of whether or not these events had occurred. Whether it is the level of back-burning, whether it is planning issues and whether people should be allowed to have homes in areas that are exposed to such bushfire risk, whether it is the fire plans and arrangements and the instructions people are given and how well they are implemented by the CFA, whether it is climate change or whether it is arson—we saw today the member for Mallee get up and point out that what was originally thought to be arson in the case of the Horsham fire has turned out to be the product of a faulty insulator on a power pole, apparently—it is extremely important that we withhold judgment on all of these matters. By all means, raise questions, but it will be some time before we can draw conclusions. I think, out of respect for those who have lost their lives and property and for those close to them, we should all avoid drawing firm and unduly emphatic conclusions that may happen to suit things we are predisposed to believing anyway before having seen all the evidence and having understood all that has gone on. I have been involved in controlled burning—many, many years ago—so I have got some idea of what a complex thing that is and also of how risky it is. It seems like a great idea to start a fire in October or November in a very thickly forested or overgrown area in order to reduce the fuel, but sometimes it does not quite work out as you intend. These things involve very difficult judgements; they involve very tricky questions for the authorities concerned. So, again, I would urge people to avoid drawing conclusions too early. The third point I want to make is to commend all of those people and organisations throughout Australia—particularly in Victoria, most obviously, but throughout Australia and, indeed, in some other parts of the world—who are already stepping up and offering to help. For example, I note that the AFL has rescheduled the NAB Cup game that was scheduled to occur between my team, Essendon, and the Western Bulldogs in Darwin. That is now going to be held on Friday at Telstra Dome with all of the people involved donating their services and all the proceeds to go to the fire appeal. I also commend Channel 7, Foxtel and AUSTAR for televising that. I am going to be attending that game representing the government. So that is just one example—and you can already see such examples across corporate Australia, amongst ordinary citizens and in workplaces—of how people are stepping up to help in all kinds of ways. It is a good example of just how Australians do come together and work for each other when things are so difficult. The fourth thing I would like to mention—and again this follows on a little bit from what you, Madam Deputy Speaker Burke, in your capacity as member for Chisholm, talked about before—is that many people have quite correctly acknowledged the CFA volunteers and the extraordinary sacrifices they make and risks they take, even to the extent of one or two individuals actually fighting fires in one location while they were losing homes, or even loved ones, in another. I certainly endorse all those comments. But I do want to add something, because I think there is a group of people who are often overlooked. Alongside those CFA volunteers there are large numbers of employees of the Department of Sustainability and Environment whose job it is to look after the bush, to step in and fight fires, to put their lives on the line, to work around the clock—to do all kinds of extraordinary things to keep people safe. They, too, make an extraordinary contribution. They are the professional foresters, the bulldozer drivers, the labourers, the variety of people who work for the state government who are always in the front-line of dealing with these things whenever there is a bushfire, and I think it is extremely important that we acknowledge their heroism and dedication, as we acknowledge that of the volunteers. I might add to that that we acknowledge the dedication and bravery of the other professional services, whether police, ambulance or the various others who are also involved. It is worth emphasising that this is a team effort. Even when you are dealing with relatively modest bushfires that threaten property but perhaps do not threaten life, you will have both CFA volunteers and professional firefighters—including, in this instance, metropolitan firefighters as well. It is important that we acknowledge both of those groups because both of them are crucial to the effort. Finally, can I give some hint of optimism in all of this. When you see those terrible aerial photos of communities like Marysville, Kinglake, Strathewen or elsewhere, it is hard not to think that these places will never recover or that it will take decades. It will happen a lot quicker than that. I was fortunate to be a part-owner of a home in Aireys Inlet many years ago, well before I became a member of parliament—in fact, well before I owned any other kind of property. I bought that property about six or seven years after the Ash Wednesday fires had completely devastated Aireys Inlet. This house had not been burned down, but much of Aireys Inlet had—it was one of the key locations of the Ash Wednesday fires. Within six or seven years, you would barely have known that. As somebody who did not know the history, there was nothing obvious about this community to tell me that this place six or seven years ago had been three-quarters wiped out by bushfire. I believe that these communities, with the dedication of their people and with the support of the rest of the Australian community, the federal government and the Victorian government, will recover physically and will re-establish themselves much more quickly than we might have expected at the peak of such a terrible event. We can have cause for optimism that economically and physically that recovery will be quicker than we might have expected. The emotional scars and traumas in those communities and people connected with them are a different matter. I conclude by reference to what is, perhaps, my favourite piece of poetry which I think epitomises the Australian character and how we are both competitive and cooperative and shows how we get the balance right in conducting ourselves in moments of enormous trauma and tragedy when coming together and helping—leaving other things aside—really asserts itself. It is the Henry Lawson poem called The fire at Ross’s farm, in which, for those who do not know it, the squatter and the selector, great 19th-century symbols of antagonism and opposition, because they were fighting over the same land, were in perpetual feud. In the final part of the poem there is a fire on the selector’s farm and at the conclusion of the poem the squatter and his son go to help the selector—the selector he is trying to get rid of and get off the land—put out the fire. That epitomises how the Australian community deals with these kinds of things when all other antagonisms, all other conflicts, legitimate though they often may be, are set aside and people just step up to the plate and do what is necessary to help the people who are in such terrible difficulties. We are already seeing that again and I think you will see it much more in ensuing weeks and months. That is what gives me great confidence that, notwithstanding the unbelievable enormity of these events, the appalling tragedy and loss of life, and the mass psychological damage that has inevitably emerged, those communities will recover and the people affected will recover better and quicker we can conceivably imagine at this stage. We have done it before. This is a bigger challenge for our community than equivalent things in the past, but that recovery will come. We have to believe in that. We are committing the practical things, with the support of the opposition, and I am sure the same thing is occurring at the state level. But more than that the recovery of the spirit, the recovery of optimism and commitment to get on with things, will see us through quicker and more strongly than we would perhaps expect. 860 20:23:00 Byrne, Anthony, MP 008K0 Holt ALP Parliamentary Secretary to the Prime Minister 1 0 Mr BYRNE —I rise with an incredibly heavy heart to support this condolence motion. I can recall as a 20-year-old living in Adelaide during Ash Wednesday staring up into the hills of Adelaide, beautiful hills that they are, and watching them ablaze. The heat was unbelievable. I think it was close to 44 degrees with a very hot north wind. I recall hearing news reports about the loss of life and devastation of township communities up in the Adelaide Hills. When it was safe to do so weeks down the track, I drove into the Adelaide Hills and saw the absolute devastation that had occurred throughout those hills. As a 20-year-old that sticks in your mind. I had relatives who lived in a township called Bridgewater, which had been affected by the Ash Wednesday fires. They told me how the fires, when they were attempting to fight them, would leap across houses. Their house was safe, but they had watched the fire jump from one house to another and completely demolish it. That is the precarious nature of these events and their incredible force—the sound like a freight train, the wind, the speed at which the fire comes up a hill. Reading about the devastation in Victoria and Adelaide I thought and hoped—foolishly perhaps, as a 20-year-old—that we would never see the likes of Ash Wednesday in this country again. Tragically, we have, in an even more awful way. So it is devastating to stand here and talk about these circumstances and the loss of life that has occurred. There are no words to adequately express the personal shock and the community sorrow over the loss of life in my now home state of Victoria on Saturday, 7 February. The countryside, which many members have eloquently referred to, the picturesque villages and the idyllic landscape where many people had holiday experiences have been obliterated in an instant. For many, those areas of natural beauty and serenity were a canvas on which they crafted happy lives and even happier memories. This is a canvas that is now charred, a scene of unprecedented loss of life, human and animal, and of property, with hundreds of homes simply gone. By a terrible act of nature, townships on our local maps are no longer there. They have been razed. At this moment there are places that used to be townships that are now remnants of townships—places like Marysville and Kinglake. Some are saying—I have heard some of the commentary in the media—that these places will never be built again. Like the member for Melbourne and others, I do not believe this, because I saw what happened after Ash Wednesday in the Adelaide Hills. I doubt it because in this country you can never write off the triumph of the human spirit, the strength of resolve, the stoicism, courage and inventiveness for which Australians are famous. As our Prime Minister said in the parliament today, we are going to rebuild our broken, devastated communities, brick by brick, community hall by community hall and school building by school building. Mark my words, we are going to rebuild. Australians reading the morning papers, watching the horror of these events on television or listening to radio—774 in particular, by the sound of it—have learned that there are potentially hundreds dead and missing, yet such numbers remain incomprehensible. How can we possibly comprehend 200 people lying dead in these townships? It is simply incomprehensible. It is as though this cannot be happening. Would that by wishing we could make it go away. Tragically, we cannot. My thoughts and prayers and those of my family are with the many thousands of Australians touched by this tragedy. There are about 5,000 people who are homeless, at this stage, as a consequence of this tragedy. In particular, our thoughts are with the honourable members for Bendigo, Gippsland, Indi, Mallee, McEwen, McMillan, Wannon and the thousands of their constituents who have been left destitute or bereaved by these fires. Further to that, I would like to praise the work of two Victorian state members whose constituents have been hit hardest by this catastrophe: Ben Hardman, the member for Seymour; and Danielle Green, the member for Yan Yean. As I understand it, fires are also burning across the New South Wales border in the Bega Valley, so I extend our best wishes and prayers to the staff and volunteers of the New South Wales Rural Fire Service, my friend the member for Eden-Monaro and his constituents. Australians, as we know, are by their nature generous people and ready friends when the going gets tough. As a nation, we have shown this time and time again. From domestic crises such as the Ash Wednesday bushfires and the Thredbo tragedy to natural disasters abroad such as the Boxing Day tsunami, we band together to lend a helping hand to those in need. However, we are unused to tragedy at home on this scale; we need to be frank about this. That in our most densely populated state, despite all the best laid plans and preparations, so many people have died whilst protecting their homes, their families, their photos—everything that is dear to them; in essence, everything that represents who they are in this world—is heartbreaking. I am taking advantage of the time here, Madam Deputy Speaker, and I would like to thank you for your indulgence, but you listen to people who have been affected and it is absolutely heartbreaking. There was a gentleman who was watering what was left of his home in one of the townships that had been destroyed, and Sky TV came and interviewed him. They said, ‘How do you feel?’ He said, ‘How do I feel? I don’t know what to do. I’ve lost everything—my possessions, my future, my school.’ He just about broke down. As he was about to continue, he said, ‘But I’m worried about my mate. He’s been fighting bushfires and I don’t know what he’s going to come back to.’ What other way could you summarise the Australia spirit? In the midst of losing absolutely everything, you have that quintessential Australian spirit of thinking about your mate and how that person is coping and feeling? It is just a small sign of the greatness of the Australian spirit that comes through in these times of adversity and that I know will see us through this great catastrophe. Victorian Premier John Brumby, clearly moved by Saturday’s catastrophe, has rightly announced that a royal commission will determine whether more could have been done to save lives and whether or not the policy of allowing residents to defend their homes in the face of encroaching fires will stand. But we will leave that to the royal commission. I confidently predict one finding: Victorians faced a perfect storm and all the emergency services did a brilliant job in trying to subdue it, at the risk of their lives. At times like this the issue is not that we mourn the loss of one life here more than the loss of lives overseas but rather that it often takes the immediacy of witnessing or hearing of suffering of our own neighbours in our own backyard for us to be alive to the risks to our way of life that exist at home. For causes near or far, Australians are typically generous, with estimates this morning of around $20 million already pledged to victims of the fires. I am sure there will be much more to come. I would like to echo the comments of the Prime Minister on Monday’s Today program when he rightly said: ‘The challenge at present is to provide the hand and the heart of human friendship to those suffering from both loss and grief at this difficult time.’ As you have said very eloquently, Madam Deputy Speaker Burke, this grief and loss will last. This is not a short-term thing. You do not lose everything in your life—your loved ones; your whole identity—and expect that to go away. We need to be there providing support to these people for five years, 10 years, 15 years or however long it takes because they are going to need our support for that period of time, particularly those who have experienced burns, as you have mentioned Madam Deputy Speaker, and who will suffer post-traumatic stress due to some of the horror stories I have heard emerging. They basically will need intense counselling for a long period of time. We have to rebuild hope, and I hope what people take from the unanimity of spirit within this place that we have seen over the past couple of days is that we are united, we do stand behind those affected by the bushfires and we will continue to do whatever it takes. Whilst no suffering can compare to the staggering loss of life, the immediate threat posed by Saturday’s hellish conditions was not lost on the residents and CFA volunteers in Holt. On Saturday several major fires started in my electorate, which is one of the most densely populated areas in Melbourne, with a number of families sadly losing their homes. In and around the suburb of Narre Warren North, just outside my electorate, 184 hectares were consumed by fire. Two houses and garages and a heritage listed caretaker’s hut were destroyed on a day that saw temperatures in the area reach 47.1 degrees with wind gusts up to 100 kilometres per hour. Thirty-nine CFA vehicles were on hand to battle the blaze. I am reliably informed that, without the further assistance of the Erickson Skycrane and a helitanker, the damage done by this fire would have been much worse. The sight of this help from the sky, in Holt and all over Victoria this past weekend, is nothing less than a gift from heaven to firefighters giving their all in the most appalling conditions imaginable. The fire in question is still burning, as has been mentioned by the member for La Trobe, but I am advised that it has been contained. A CFA strike team and the local Narre Warren CFA fire brigade are working around the clock, monitoring the fire and preventing a revisiting of Saturday’s horror in the areas already destroyed by fire. I salute, and I hope we all do, the enterprise and ingenuity of local firefighters, who, without appliances, arrived in their own cars and, using a garden hose they had brought themselves, assisted with the fire-fighting effort—and it was 47 degrees when they were doing this. Additionally, there was another fire that was started on Saturday, in and around Narre Warren South. It destroyed six homes whilst a further seven homes were significantly damaged. The fire burned under high-voltage transmission lines at Ormond Road and threatened and many more are homes in the area. Narre Warren South is a very densely populated area. The fire was contained as a result of the hard work of a metropolitan fire brigade strike team that was diverted to Narre Warren South whilst en route to yet another fire. Without the help of the metropolitan fire board, it is likely that there would have been far more widespread property loss, as the local CFA fire brigades were stretched to the limits across the local area and the state. Sadly, however, a local CFA member’s house was amongst those destroyed in the fire, with the Hampton Park brigade doing all they could to provide assistance at this time. The Mayor of the City of Casey, Councillor Geoff Ablett, has informed me that the council has swiftly provided clothing, counselling and accommodation to those affected by the fire, even as council staff feared for their own homes also under threat. I would like to take this opportunity to thank Geoff and the Casey council staff for helping those affected at this terrible time. A fire also began in Cranbourne on the fringe of a major road that runs through my electorate, the South Gippsland Highway, which turned into a substantial grassfire on the Cranbourne golf course and the landfill. As a result, the highway was closed owing to the considerable danger to motorists posed by the thick smoke. There exists concern that this fire may have been the result of a flicked cigarette butt or a similar ignition source from the highway. Despite no property or life being lost in this fire, the stretched resources of emergency services on Melbourne’s hottest ever day meant that every fire truck that could have been saving lives or homes elsewhere was instead fighting a grassfire set off by a cigarette butt in Cranbourne. This sort of irresponsibility—or could I call it criminality—is nothing short of disgusting. In this vein, I would like to join with my colleagues the Attorney-General and the Prime Minister in condemning any suspects found to have deliberately lit fires on Saturday as murderers. Some eight years ago, Don Watson, the author and former speechwriter of Prime Minister Paul Keating, criticised the term ‘un-Australian’. While some may say it is in an inelegant epithet, just because it is not pretty does not make it inappropriate. The behaviour of those individuals who we believe started some of these fires is utterly devoid of humanity and is completely un-Australian. These people deserve the term ‘un-Australian’. In fact, Mike Rann went further in dubbing these people terrorists. Like I said, I have a personal opinion aside from the Prime Minister’s; they are cold-blooded, shameless murderers. I have great faith that the men and women of the Victorian Police Force and the Australian Federal Police, some of whom have the heart-wrenching task of searching for and identifying victims of what is now called Black Saturday, will hold these individuals to account. To sum up, the brigades in my electorate that have taken part in the fire-fighting effort over the past few days included Cranbourne, Hallam, Hampton Park, Narre Warren North and Narre Warren. The brigades in the electorate have, in addition to fire-fighting duties within Holt, sent strike teams to other parts of Melbourne and regional Victoria such as Healesville, Yarra Glen and Bunyip. Staff of the metropolitan fire brigade are to be commended for their assistance to the CFA, with MFB staff stepping up to the CFA stations, enabling more CFA staff and volunteers to join strike teams despite the huge demands already placed on the MFB dealing with the increased fire risks all around Melbourne and the deployment of strike teams to rural fires. The pilots of various airborne fire-fighting apparatus flying in extremely windy, hot conditions and dealing with reduced visibility were nothing less than miracle workers. CFA staff and volunteers who fought long and hard to protect the homes of others whilst their homes were potentially at risk must be thanked last but certainly not least. In 44-degree heat on 30 January—just prior to Black Saturday—with conditions made worse by strong winds, local CFA brigades battled a large fire in Endeavour Hills, which is not far from my home in my electorate. Following the collision of two cars, one car caught fire. The fire spread to over 45 hectares of grassland and threatened hundreds of homes and the Churchill Park Golf Club. More than 350 firefighters—not only CFA staff and volunteers but the MFB, the Department of Sustainability and Environment, and Parks Victoria staff—battled to keep the blaze under control, and they did in about three hours. So for every one of the fires we have seen, we should think about the number of fires that have actually been put out by these incredibly brave people. They seem to have no respite, given the current set of circumstances. In circumstances like this I cannot help but admire the strength and courage of the CFA firefighters, the emergency service workers, the police and the ambulance service workers who literally put their lives on the line in order to protect us. They do this at great personal cost and really not for great financial reward. These heroes could be spending the weekend safe in the care of their families or their mates at home instead of defending homes in record heat and in conditions that you and I can scarcely envisage or perhaps even survive in. So much of the fire-fighting phrasebook sounds awfully glib or euphemistic with terms like ‘asset protection’. However cliche the comparisons between the havoc wrought by the fire and the damage done in a war there is a sad truth to it, and that is that people can die in these sets of circumstances. I would also like to thank all of the employers in my electorate and throughout Victoria who have supported their staff who volunteer with the local CFA brigades. You do your community and the people of your state an invaluable service. Although times are tough, I urge all employers to continue to support their staff who are giving their time and risking their lives to help others. Whilst I hear the weather has been quite cool in Melbourne and in many parts of Victoria since Sunday—a state of affairs that is naturally unheard of down south and could not contrast more with Saturday’s heat—the danger to many areas remains very real and the need for volunteers remains great. I think I speak on behalf of all members of the House in expressing a prayer that, being ever mindful of the continuing risk that some of the fires still burning present, the services of our brave firefighters, police and emergency services will not be required in this way again this summer or for that matter ever again in our nation’s future. We must learn the terrible lessons of this holocaust of fire and, united as a nation, take whatever action is necessary to wipe the scourge of bushfires from our harsh and beautiful land and confine the horrors of the last weekend to the dusty books of history. Ms GRIERSON (Newcastle) 20:42:00 —This has been a very inspiring, heartfelt and unifying debate, and I move: That the debate be adjourned. Question agreed to. 864 20:43:00 Main Committee adjourned at 8.43 pm