Archives: Adjournments

Clergy Mandatory Reporting

Clergy Mandatory Reporting

MS PATTEN (Northern Metropolitan) (21:14:49) — My adjournment matter is for the Attorney-General, and the action I seek relates to clergy mandatory reporting. On 11 July 2018, this government released its response to the Royal Commission into Institutional Responses to Child Sexual Abuse, indicating:

The Victorian government will give further consideration to the key recommendation that mandatory reporting laws should not exempt people in religious ministry from being required to report information disclosed in a religious confession.

In my question without notice on this topic on 27 July 2018 I highlighted evidence from the royal commission, including that of Father Michael McArdle, who admitted that he had confessed an estimated 1500 sexual assaults to approximately 30 priests over 30 years and none had reported him, and Father Rubeo, who upon a child disclosing abuse by him, immediately confessed to Father O’Donnell and received absolution, only to immediately state, ‘Now you can’t report me’. These are two horrifying examples of the protections that religious privilege currently affords to child sexual abuse perpetrators. Minister Tierney replied that:

QUOTE AWAITING VERIFICATION.

The Council of Attorneys-General had agreed that as the privilege relating to the religious confession is part of the uniform evidence law, a national response is desirable and commissioned further work to develop a nationally consistent approach to this important issue.

Quite frankly to delay reform for this is a cop-out. From my perspective it is desirable that we act promptly on behalf of the 1500 victims of Father McArdle and the poor children on whom child sexual offences are being perpetrated now.

Right now our uniform evidence law is anything but uniform. It does not even exist in South Australia, Western Australia or Queensland. There are 20 sections of the Victorian Evidence Act 2008 that differ from at least one other Australian state or territory, so there is no uniform system, and I would say that there is no barrier to acting on this devastatingly important issue. South Australia has already done so. The action I seek is that the Attorney-General stop delaying on this and urgently act to remove this exemption from Victorian law for the sake and welfare of Victorian children.

The PRESIDENT — Ms Patten, you cannot actually call for legislation in the adjournment debate.

Ms PATTEN — The action I seek is that the Attorney-General please reconsider and consult with communities on how we can best protect these children.

Poker machines

MS PATTEN (Northern Metropolitan) (15:14:18) — My adjournment matter today is for Minister for Consumer Affairs, Gaming and Liquor Regulation. The action I seek relates to the electronic gambling figures that were released today by the Victorian Commission for Gambling and Liquor Regulation.

Last year saw the biggest increase in spending on Victorian poker machines for the last decade. Spending on poker machines has now increased to $2695 million, which is a 3.3 per cent increase on the 2016 spending. In my electorate alone this is $445.4 million spent in the last financial year, with the local government area of Whittlesea spending $95 million in eight venues. The two highest spending locations are both situated in my constituency, with a combined total spending of over $40 million — $40 million! — in two venues.

Unfortunately these figures are not surprising, and if the current regulation continues we are only going to see these figures increase. We also know that problematic gambling is related to family violence, and sadly we have just been stopped from finalising the debate on family violence when we know that family violence is one of the most important issues facing my electorate.

This week I spoke at the ‘Mayors unite against poker machines’ rally outside Parliament. They are mayors who have seen the damaging effect of poker machines in their municipalities, as have all of us in our electorates. They have spoken to local residents who are suffering the financial and emotional effects of these machines. I do not think there is a single person in this house who has not met someone who has been affected by problematic gambling on poker machines.

The action I am seeking from the minister is for change. I am seeking that the minister ensure that maximum bets are reduced to $1 and the operating hours of these venues are curtailed.

REPLY

Raised with: Minister for Consumer Affairs, Gaming and Liquor Regulation

The Victorian Government is not currently considering reducing the maximum bet limit on gaming machines or reducing the operating hours of gaming venues.

Victoria already has the equal lowest bet limit for gaming machines in Australia at $5 per spin on gaming machines outside the Melbourne casino.

Under the Gambling Regulation Act 2003, all gaming venues must not operate gaming machines for at least four consecutive hours each day.

This government has introduced a range of measures to reduce the harm associated with gaming machines, following extensive consultation with community and industry stakeholders.

These measures include limiting EFTPOS cash withdrawals in gaming venues to $500 per card in a 24 hour period, prohibiting venue operators cashing cheques for patrons and imposing new harm minimisation requirements in relation to cashless gaming.

The government has also increased the number of municipal districts subject to regional caps on gaming machine entitlements. Regional caps on gaming machine entitlements apply to a total of 25 regions throughout the State.

These are important harm minimisation measures that build on other work of the Victorian government to reduce gambling-related harm.

Mandatory Sentencing

Ms PATTEN (Northern Metropolitan) (18:42:37) — My adjournment matter is for the Attorney-General. The action I seek relates to the unintended gendered impacts of the government’s proposed mandatory sentencing reforms, and I note that they are yet to come before this house.

I have received representations from Fitzroy Legal Service, the Centre for Excellence in Child and Family Welfare and other peak bodies, whose concerns I share. They stress that the risk of a mandatory jail term for injuring a police officer may in fact have the unintended consequence of deterring victims of family violence from calling police for help in the first place, heightening their risk of harm and forcing family violence further underground. They provided two examples to me: families caring for loved ones with mental illness or drug problems choosing to manage those dangerous emergencies alone; and victims of family violence choosing not to call the police for fear of retribution from their partner should that call lead to their partner being locked up.

Where an injury under this proposed legislation means temporary mental harm, a significant pain or an injury that is more than superficial or trivial, it could occur incidentally in the course of an arrest, particularly where the family member is affected by mental illness, alcohol or drugs. The consequence is that someone who desperately needs police assistance may simply not call them because they are conflicted in their desire to protect their loved one. Certainly I heard comments made that it would just take this happening once — for example, in somewhere like the Fitzroy flats — and if happened once and one person was locked up, everyone in that whole community would be reluctant to call the police.

Accordingly the action I am seeking is that the Attorney-General, in recognising these potential effects, causes them to be monitored in a detailed and comprehensive way as part of the reforms that probably will go through this house shortly, with a mechanism to review the legislation should we see a flattening in family violence reporting or an increase in serious family violence incidents.

HaiR-3Rs

Ms PATTEN (Northern Metropolitan) (18:07:41) — My adjournment matter is for the Minister for the Prevention of Family Violence. The action I seek is that she assist in funding this very innovative program called HaiR-3Rs, which is a program that helps reduce domestic violence in Victoria. This program is run for hairdressers, and the 3Rs stand for recognise, respond and refer. I think this is a wonderful program —

Mr Leane interjected.

Ms PATTEN — Yes, Mr Leane. I have some eastern envy because it is in Eastern Metropolitan Region. As we all know, the relationship with a hairdresser is quite different to a relationship with any other professional. There is a level of intimacy there —

Ms Bath interjected.

Ms PATTEN — That is right. They actually become genuine friends, so it is about using those relationships. This program, HaiR-3Rs, utilises those close relationships that we have to help prevent family violence in the community. If I need to note that Mr Leane has had a big part in this, I would certainly like to make mention of that.

They offer 2½-hour interactive workshops to hairdressers, run by trainers who train the hairdressers to know how to recognise, respond and refer. I contacted the program because I was so impressed with it. They told me that to date 150 salon professionals have taken the course, which helps them to identify those key signs of domestic violence. It informs those salon professionals about gender inequality as the main driver of family violence. It supports the professionals to understand gender stereotypes — I think it must be fantastic seeing this program run with hairdressers who possibly suffer from some gender stereotyping more than many of us — and it increases the capacity of salon professionals to support a client who may be experiencing family violence.

This I think is a wonderful program, so the action that I seek is that we provide some funding to expand this program out of Eastern Metropolitan Region and into the rest of the state.

REPLY:

As part of the Andrews Labor Government’s commitment to the prevention of family violence and all forms of violence against women, the Eastern Domestic Violence Service was funded in 2017-18 to develop the HaiR project. The funding was provided through the government’s $3.85 million Community Partnerships for Primary Prevention grants program, which funded 34 primary prevention partnerships across Victoria.

Each project funded through the Community Partnerships for Primary Prevention program is currently preparing individual acquittals/evaluations. The outcomes from these will inform future project funding decisions about which programs to scale up, as part of the Andrew’s Labor Government Free From Violence primary prevention strategy and action plan.

Child sexual abuse

Ms PATTEN (Northern Metropolitan) (17:08:37) — My adjournment matter is for the Attorney-General. The action I am seeking relates to the mandatory reporting of child sexual abuse cases. I think it is quite apposite to the conversations we have been having this week about the redress scheme et cetera. Yesterday I received a letter from the Anglican Diocese of Melbourne. It appears that they are of the understanding that they do not need to report allegations of child sexual abuse to the police; they only need to deal with it in-house. Then if they think that it is serious, they will report it. The letter from the archbishop of the Anglican Diocese of Melbourne states:

Under the complaints legislation …

which is not legislation; it is their own synod rules —

complaints relating to clergy in the diocese, including former diocesan bishops, are dealt with by the Kooyoora office of professional standards under the process required by Melbourne diocesan legislation, the professional standards uniform act 2016 and its protocols.

It goes on to say that:

Kooyoora Ltd is an independent company established by the dioceses of Melbourne and Bendigo, that has its own board …

It then goes on to state:

The complaints protocol … adopted by the directors of Kooyoora Ltd requires the director of professional standards to notify the police in the case of serious indictable offences. This is a matter for the director to determine on the facts of each case, upon taking appropriate legal advice. This function is specifically reserved to the director …

I actually find it quite abhorrent that in 2018, having passed historic legislation in this place and having gone through a royal commission that looked into the appalling cover-ups that were undertaken by religious organisations, including the Anglican Church, they continue to feel that they do not need to report child sexual abuse when it comes before them. In fact their website states, ‘Don’t call the police, call us’.

The action that I am seeking is that Victoria’s mandatory reporting laws be extended to include religious institutions, particularly given that these are the institutions that had so much child abuse occur within them. Already we have doctors, teachers and police officers under the mandatory reporting laws. I would like to see that they be extended to religious institutions to give them the same legislative requirements imposed on others.

Ms PATTEN (Northern Metropolitan) (20:00) — My adjournment matter is really for a number of ministers but I will direct it to the Minister for Local Government, and it is in regard to funding for improvements to All Nations Park in Northcote, which I know the minister is familiar with, and I know my colleague Mr Ondarchie has also raised this issue as a constituency question. It is a real issue. This is a wonderful park that actually has all nations of people going there, and every single range of dog that you could ever imagine visits All Nations Park.

But unfortunately the park has incredibly inadequate lighting, fencing and signage. This means that if you are a person who likes to walk and exercise after 5.00 p.m., this park is not safe. That means that certainly women in the area and women who own dogs are not comfortable taking their dogs to that park after dark, because of the lack of lighting in the area. But not only that, there is also a lack of fencing. At All Nations Park we have a so called off leash area, but you actually would not want to let your dog off leash because there is no fence to stop it from chasing a ball onto the road.

It is a wonderful park and a wonderful facility. It is big, it is spacious, it is friendly and there is a real community down there of not only lovely people but also lovely Dalmatians, lovely Old English sheepdogs and lovely rough collies. It is absolutely delightful. I would encourage all members to come down and visit this lovely place.

But as I say, the action I am seeking from the minister is for her to assist us in providing improved lighting around the off leash area at All Nations Park, improve fencing along Brickworks Lane and actually improve signage just to let road users know that there could be a Dalmatian running out onto the street chasing a ball, they might see an Old English sheepdog out there and they may also see children. It is a wonderful place, and we need to be more active, as we should be. But given that our restricted hours mean that quite often we have to be active in the winter dark hours, we do need greater lighting, we need greater signage and we need greater fencing at All Nations Park. I ask the minister to assist in that.

Ms PATTEN (Northern Metropolitan) (17:43:55) — My adjournment matter is for the Special Minister of State. The action I seek relates to the petitions that we receive in this house. As you know, in 2016 we agreed to e-petitions. This had been a long process; I think it started in 2005 when this issue was first discussed. As I presented a petition this morning, it occurred to me: what happens after we table that petition? Absolutely nothing.

Honourable members interjecting.

Ms PATTEN — Very, very little happens. It is tabled, it is put into Hansard. I take it from Mr Davis that possibly the minister may be made aware of it.

Mr Davis interjected.

Ms PATTEN — The petitioner is not written to, Mr Davis. The petitioner and those that petition are not notified. There is no action really for them. Having just been on the Electoral Matters Committee study tour to Canada, I have been thinking about how we engage with our community and the lack of trust that our community has in us at the moment. How can we better engage our community? Petitions are one way of directly engaging with us but I do not think we give them the importance that we should.

The action that I am seeking from the government is to introduce a mandatory government response to petitions when a certain threshold of petitioners is met. This would not be for single-person petitions, but when a threshold is met I would like to see those petitioners notified and the government respond to the petition. The petition may be duly noted, but Scotland has a Public Petitions Committee where every petition is considered. Those petitions may be referred to a joint house committee or a standing committee. Those petitions may actually be referred to the house for greater debate on the floor. Those petitions are taken as important communications with the house.

I feel we should be taking greater notice of the petitions that this house receives, so the action that I seek from the Special Minister of State — as Special Minister of State but also as the Leader of the Government — is that he enacts a process where the petitions can be responded to, noted or actioned on once they have been tabled.

REPLY:

I would like to thank Ms Patten for her adjournment matter which is seeking the enactment of a process where petitions can be responded to, noted or actioned on once they have been tabled.

I can advise Ms Patten that I have requested that this matter be included on the agenda for the next meeting of the Procedures Committee.

Ms PATTEN (Northern Metropolitan) (22:04:33) — My adjournment matter is for the Minister for Training and Skills. The action I am seeking is for some government support to help build a community workspace at the Merrilands Community Centre in Darebin, where they are doing a lot with very little.

I was there last week. I met Italian pensioners. I saw some English lessons and a range of classes for people with disabilities. Plus, numerous sporting and social clubs use that facility for games and functions. Amongst those are women who are on correction orders. As I have learned in my time here, these women are some of the most disadvantaged in our society.

The new space that they are hoping to build will assist disadvantaged learners: young people; migrants; as I mentioned, women completing their correction orders; and seniors. They are all seeking introductory courses into trades. This is a way for students, particularly students that find learning very difficult, to discover new skills. It gives them a taste. These pre-accredited introductory courses will also lead into apprenticeships, including carpentry, plumbing, horticulture and hospitality. This is for students who find it very difficult to enter into some of those larger TAFE facilities. This gives them a taste. Also, every day that they go there they get to achieve something, which is fantastic for their confidence, and they are going back for more.

They want to build this shed that allows for this type of pre-training and these pre-accredited courses. Unfortunately they raised all the money but they are now $57 000 short. This was due to some unforeseen circumstances. They had to move the location of the shed slightly. The soil tests that were fine 5 metres away are not fine in this area, so they are seeking $57 000 to build this project and to build this community workplace, which will have an enormous benefit for the people of Darebin and for the number of disadvantaged learners that use the Darebin centre.

I also think that this actually calls on the role of the minister as Minister for Corrections as well, but I would seek her support as Minister for Training and Skills to provide the funding for this shortfall.

Ms PATTEN (Northern Metropolitan) (19:52:14) — My adjournment matter is for the Minister for Mental Health, Minister Foley, and the action I seek is an immediate end to the ban on nicotine for use in personal vaporisers. Currently we are the only country in the world that has such a ban. According to the Victorian government’s own website, nicotine replacement therapy (NRT) works, is safe and easy to buy. Currently NRT, as it is known, comes in the form of patches, chewing gum, lozenges, mouth spray and inhalers, but the juice that people use in their vaporisers is still illegal.

When I visited New Zealand recently I saw that there were far more vapers than there were tobacco smokers. On the first day in Auckland I did not see a single smoker but I saw a significant number of vapers. In fact while I was there the New Zealand Ministry of Health issued a position statement on vaporisers which included among its key messages that e-cigarettes could contribute to their Smokefree 2025 plan. The statement later says:

There is no international evidence that e-cigarettes are undermining the long-term decline in cigarette smoking among adults and youth, and may in fact be contributing …

to that decline.

Similarly, the Royal College of Physicians in London has offered a series of key recommendations. They include that e-cigarettes:

… are proving much more popular than —

other forms of —

NRT as a substitute and competitor for tobacco cigarettes.

E-cigarettes appear to be effective when used by smokers as an aid to quitting smoking.

… the hazard to health arising from long-term vapour inhalation from the e-cigarettes available today is unlikely to exceed 5 per cent of the harm from smoking tobacco.

That is less than 5 per cent of the harm from smoking tobacco!

There was a recent parliamentary inquiry report in the UK called State of the Vaping Nation. Again, it makes a significant number of public recommendations. Following the Royal College of Physicians, it also said that in the interests of public health it is important to promote the use of e-cigarettes, nicotine replacement therapy and other non-tobacco nicotine products as widely as possible as a substitute for smoking in the UK. It is a misnomer to suggest that vaping is anything but NRT.

I call on the minister to reverse the existing penalties for the possession of vaping nicotine, which can currently attract a fine exceeding $15 000.

Cannabis decriminalisation

Ms PATTEN (Northern Metropolitan) (17:35:45) — My adjournment matter is for the Attorney-General. We saw in a Herald Sun front page this week an estimate that the trade in illegal cannabis in Victoria has now topped $8 billion a year. While we are spending millions of dollars on policing this, the criminals are making billions in profits. I did some back-of-the-envelope calculations on this. If we were to legalise and regulate the sale of cannabis and tax it at 30 per cent, that would be $2.4 billion that could be invested in schools, roads, hospitals and public transport, but more importantly it would be $8 billion removed from the criminal market. Much of that money is used by these criminals in further crimes, and some of it, we know, is being siphoned off internationally into terrorist activities. It would also reduce the absolute level of crime in our community. Again, according to the back of the envelope, it is around a 15 per cent reduction, providing much-needed relief to our strained criminal justice system.

We have seen that California, the fifth largest economy, on 1 January went down this path. It is a complete paradigm shift, and they are expected to generate hundreds and hundreds of millions of dollars in state taxes and smash crime syndicates. Canada will go onto this system on 1 July. They expect to completely eradicate the black market sale of and criminal profiteering on cannabis through taxation and government regulation. So we are not Robinson Crusoe here. It is not a radical approach. It has been done in other jurisdictions around the world. Accordingly, the action I am seeking from the Attorney-General is for him to commission an economic assessment of the cost of criminalising cannabis and the savings that could be realised by legalising it.

The PRESIDENT — I assume that your action is the cost of decriminalising?

Ms PATTEN — I will just repeat that: the action I am seeking is for the Attorney-General to commission an economic assessment to look at how much the current criminalisation of cannabis costs us and the savings that could be realised if we legalised it.