Tuesday, 22 March 2022

Puffing Billy Railway Bill 2022

Second reading

Debate resumed on motion of Mr PAKULA:

That this bill be now read a second time.

Ms HALL (Footscray) (17:07): I rise to support the Puffing Billy Railway Bill 2022. As someone who grew up in the Dandenong Ranges, Puffing Billy was an ever-present part of my life. My dad and mum moved from Footscray to the hills when we were young so that they could live on a couple of acres of land in Olinda, where my dad as a horticulturalist could have a greenhouse and work on plant propagation. We were raised to respect and understand the forest. If it was a still day at our house, you could hear Puffing Billy all the way up the mountain. It was an idyllic place to grow up, and at high school I walked past Puffing Billy most days on the way to Mater Christi College and to Upwey High where I went to school.

While many of us have fond memories of visiting Puffing Billy, and as kids it was like having the world’s greatest toy in your backyard, it is important for us to recognise that this was not a universal experience. It is important for us to acknowledge the suffering of victim-survivors, which partly led to this bill being necessary. In recent years the Emerald Tourist Railway Board and governance structures under the current act have been closely scrutinised. The Ombudsman found significant failings of governance, including conflicts of interest arising from a poor legislative framework. As a result, the Puffing Billy Preservation Society were effectively able to control the Emerald Tourist Railway Board, and Robert Whitehead’s offending has been outlined at length in this debate.

PricewaterhouseCoopers were commissioned to undertake a review into the governance arrangements at the board in response to the Ombudsman’s investigation. A review conducted by the former Department of Economic Development, Jobs, Transport and Resources undertook a review of the current act in 2016. This review recommended that the Emerald Tourist Railway Act 1977 be replaced, as the current act did not provide sufficient support for growth and development of the Puffing Billy Railway in a contemporary context.

This bill addresses findings and recommendations from both reviews, including to improve corporate governance reporting mechanisms to better position the railway for growth as a significant state tourism attraction. Key provisions include disclosure and reporting obligations that align with modern standards and improve ministerial oversight of the Puffing Billy Railway Board’s operations; increased corporate governance obligations; a requirement to report to the minister on a range of incidents and risks rather than just accidents, which is the position in the current act; a requirement to present a rolling four-year strategic plan annually and develop a rail corridor plan every decade; an updated conflict of interest provision, including the requirement for a director to disclose to the board if they currently hold or held a membership of the Puffing Billy society within the last 12 months; and for all appointments of directors to be made by the Governor in Council on the recommendation of the minister. This replaces the power in the current act for the society to nominate up to four members to the board.

Another group it is important to recognise are the volunteers, who provide a vital contribution to the operation of the railway, doing everything from driving the locomotives to preserving trains and maintaining the track. Last year the railway was supported by approximately 300 volunteers. We know this because all the volunteers are registered and insured by the Emerald Tourist Railway Board. Volunteers may be members of the Puffing Billy Preservation Society; however, it is not a requirement. The bill acknowledges the significance of volunteers by including an objective of the board to recognise the importance of volunteer participation in the operation of the railway. In performing its functions the board will also be required to have regard to the benefits of volunteerism and the expectations of the community in relation to the board’s use of volunteer time.

This bill will impose various restrictions on society representation on the board, including that the society will no longer have the right to nominate directors, society members who are or who were elected to any position in the society within the last 12 months will be prohibited from holding directorship, and a maximum of two directors who are currently non-elected members of the society or who concluded their membership within the previous 12 months may be nominated as directors. These restrictions align with modern standards, enhance government oversight of the board and improve accountability.

The restrictions on the society are important to consider in the context of the Ombudsman’s report. The Ombudsman found significant governance failings at the Emerald Tourist Railway Board, a poor legislative framework with respect to conflicts of interest and inappropriate board and management composition. The Ombudsman found that these factors combined had facilitated Robert Whitehead’s offending, and this is something that should never be repeated. While the lives of victim-survivors were altered forever, this bill is an important step in ensuring the mistakes of the past are not repeated. The purpose of these restrictions is to reduce any prospective risk of the society controlling the board in future.

However, the bill does not completely remove the society from the board. The bill will permit a maximum of two current non-elected members or members who concluded their membership within the previous 12 months to serve on the board. If a director acquires membership of the society during their term in office, the minister will be empowered to recommend to the Governor in Council that the director be suspended or removed from office for engaging in improper conduct or in performing their duties as a director. These measures are important in the context of the historical wrongs and improprieties and I think are a very reasonable response. This bill will enhance the separation between the society and the board. A key finding of the Ombudsman’s report was that the close relationship between the board and the society had enabled the society to effectively control the Emerald Tourist Railway Board.

The department will work with the Emerald Tourist Railway Board to identify current skills, knowledge and expertise on the board. They will also identify any skills under the current act which are not present within the current membership of the board and increase the skill set and capabilities. All members of the Emerald Tourist Railway Board will be transitioned to be directors of the Puffing Billy Railway Board on establishment of the new act. This recognises the skills, knowledge and expertise in areas required by the bill. Another important change to the board will be the requirement to report to the minister on a range of matters relating to incidents and risks more expansive than the current act.

This is a worthy and important bill. As I mentioned, as a kid growing up the Puffing Billy Railway was an everyday part of our life and childhood in Belgrave and something that we just loved. Being locals we were able to basically go on it whenever we wanted. We were very familiar with it. I have incredibly fond memories. Actually in recent months I have been trying to book tickets to take my own children on Puffing Billy, but it is enormously popular. I think we would all know how treasured it is in Melbourne and in Victoria as a tourist destination, so I am pleased to support this reform. It was a terrible time in our community up in the Dandenongs when we learned of these absolute horrors that took place, and I hope that these reforms help transition the Puffing Billy Railway again into a place that is a fun memory for every child who attends Puffing Billy. Thank you.

Mr TILLEY (Benambra) (17:17): I rise to make a contribution to the Puffing Billy Railway Bill 2022 and make some observations about how we have got to this point with the introduction of this bill and the legislative remedies that it seeks to provide into the future. As we are fully aware, it seeks to establish the Puffing Billy Railway Act 2022 and repeals the Emerald Tourist Railway Act 1977. There are a considerable amount of changes coming with that, and previous contributors from both sides of the house have outlined them, but there are observations I want to get to. I was having a brief conversation with my colleague just a minute ago, the Shadow Attorney-General and member for Malvern, about how Benambra is a long way from Puffing Billy in the Dandenongs. Yes, it was a good point to make. But the thing is, the investigation from the Ombudsman has a far-reaching impact right around the state of Victoria. In this contribution I will speak about some of the close connections I have with some of the people that have been impacted by the nature of the violations that were committed on some of the young men that volunteered with Puffing Billy.

But the thing is, it has got a great history. It is a fantastic Victorian tourism attraction which has lasted for 121 years. There are not many things around as an ongoing concern. Even though they had some changes of management and closed down from time to time, here we are in 2022. Victoria is seeking to recover and rebuild and with it is a great Victorian tourist attraction. Prior to COVID we were seeing something in the order of about half a million people participating in and enjoying the fantastic journey and the tourism opportunities of going down to the Dandenongs and riding Puffing Billy. So I am looking forward to seeing in a very short period of time people coming back to visit and ride and getting those numbers above 500 000 people annually using what is a great tourist railway.

On the biggest changes and the impact, I am not laying blame on any government of either persuasion of the major parties that have served this state over a number of terms of Parliament because the reasons were—it was highlighted by the Ombudsman, and I will get to that shortly—the failures of the previous committees, the boards, the people, because people will exact the most horrible things on each other. But the point I am making about that is that these changes that come today were brought about by the failures that allowed paedophiles to be closeted from scrutiny. I will get to these people in a minute, but the very fact that it took 30 years—30 years—to come to a conclusion is frankly a disgrace for everybody.

One particular very brave person who I call a friend—a good friend—lives in the electorate of Benambra, Bill Elms. He was one of only two young men that were victims in this whole thing that came out. I commend Bill for the extraordinary bravery of what he has done, and I call Bill a friend. The great thing about it is that Bill makes some great contributions to our community in north-east Victoria, and the fantastic thing is his passion as a volunteer when back in the 1980s he was shut out because he was a victim of a heinous crime. He was excluded and he was isolated, but today he still works as a railway man. He still provides service to the public. He demonstrates all that the commuting public would like to enjoy, whether it be by rail, bus or otherwise. The funny thing about our relationship is that once upon a time Bill was a Labor candidate for Kew. That was back in the days when Jan Wade, a great Liberal Attorney-General, was the sitting member for Kew. We all make our mistakes, but anyway, we live and let live and we move on. But the conversations I have with Bill are fantastic regardless of what our political views or differences may be. The important thing is that Bill is a fantastic railway man and he has lived his dream and worked his dream after the impacts that he experienced as a young teenager. I am going back to the 1980s, and here we are—I think Bill just had his 50th. I cannot remember, because COVID put us into a bit of a spin and we have missed out on so many reunions and parties with a whole range of people around the district. I will probably give him a ring tonight and we will have a chat and find out what birthday party we actually missed recently.

The important thing, and I want to quote from the Ombudsman’s report, is:

On the basis of the evidence obtained by the investigation, the Emerald Tourist Railway Board—Puffing Billy—acted in a manner that is unreasonable, unjust and wrong, pursuant to section 23(1) of the Ombudsman Act, in failing to:

• consider the rumours and reports of Whitehead’s offending against children in deciding to appoint him as Secretary of the Puffing Billy Preservation Society in 1980

The point that I am getting to there—and the accuracy of that is great—is that there should be more. We have seen other investigations and we have seen other royal commissions that have highlighted miscarriages of justice. We will always seek—and I think people on both sides of the house should always seek—to remedy those things that humans will do to one another.

Going back to the bill and the findings from the Ombudsman, the fact still remains that Robert Kingsley Whitehead was convicted of 24 counts of child sexual offences back in 2015—offences committed as a volunteer for that great tourism destination. The thing is, it took till 2015, but his accomplice, a fellow volunteer by the name of Anthony Hutchins, was convicted of 66 child sexual offences back in 1987. The difference between 2015 and 1987—this should all have come to light a hell of a lot sooner. This was a cover-up by these people, these creeps, these creatures that are within our society. As parents we always try to protect our kids, our family, our friends, and it is a responsibility upon every one of us to make sure that we protect the most precious things—the future generations in this great state of Victoria. But it should have been done back in 1985. We know that.

In the short time that I do have I would like to acknowledge a couple of people, colleagues from the other side. I would like to mention in particular the member for Lara, John Eren—and I apologise, Acting Speaker, for breaking with convention by calling him by name. John did a lot of good work in that space, and I would like to place on the record my thanks for the personal conversations that he had. With that one, there is some unfinished business. Hopefully I will have a conversation with the member for Lara at some stage and talk to him about another commitment from when he was the Minister for Tourism and Major Events that is unfinished business and should be completed when this bill goes through both houses and becomes enacted as legislation. It is about another young victim who has not come out. He was promised and guaranteed a number of things. It is unfinished business. He still volunteers at Puffing Billy. To fulfil his dream—he wants to work on the engine, he wants to be an engineer—some undertakings were made, but we will resolve those hopefully in the future.

Also I thank the Minister for Tourism, Sport and Major Events for his apology to all those people for the impact that it has had on them. I would just like to acknowledge this work. From time to time in this place we banter and fight and clash our political swords, but on behalf of Bill and all the other victims—the victims who are unnamed, unknown to this day—I thank them for their contribution to remedying what is a dark, dark past. I appreciate the opportunity to go into consideration in detail so our opposition spokesman can ask some questions, because there are a number of questions. I commend the bill to the house and look forward to the questions, and hopefully they will be frankly answered in the future.

Mr TAYLOR (Bayswater) (17:27): It is with great pleasure that I rise to speak in support of the Puffing Billy Railway Bill 2022. Can I first at the outset acknowledge the work of the member for Lara as the previous Minister for Tourism and Major Events and of course the current Minister for Tourism, Sport and Major Events as well as their staff and the Department of Jobs, Precincts and Regions—all those involved in this critically important bill, which I know has been very well supported. It is great to see bipartisan support in this place today for what is important legislation going to the very heart of the structure and governance model of the board and addressing some of the deep and grave issues and disgraceful conduct of offenders in years past. I am glad that this place is absolutely addressing those, with the support of all members in this place.

It is critically important, as the previous speaker said, to make sure that we protect children, which is something that you feel like you should not have to say. It is critically important to acknowledge that part of the legislation and the purpose of it today. This legislation addresses some quite disgusting and disturbing behaviour many, many years ago that still to this day has severe ripples throughout the community and of course through the Puffing Billy community.

I know other members in this place have spoken about some of the things that we know and love about the Puffing Billy. As someone who grew up in Dandenong and has spent their entire life in the south-east, and the outer eastern suburbs over the last decade or so, I know that Puffing Billy is a huge part of that community and a huge part of the foothills and hills communities and of course the community that I represent. I have many fond memories of Puffing Billy from I was a young tacker and of putting my legs out the window, which I know we are now back to doing again. I know that there are many in the community who have amazing memories of Puffing Billy. It is an institution in the Dandenongs, and this legislation will make sure that we can make it more sustainable and draw more visitors for years to come. It is critically important to make sure this legislation addresses exactly that.

We know that this will provide for the ongoing management and sustainability of the iconic Puffing Billy Railway and that it will of course repeal the Emerald Tourist Railway Act 1977. It will replace it with legislation which modernises provisions relating to good governance practices and the operation of the railway. The bill proposes to repeal the ETR act and establish the Puffing Billy Railway Act 2022 as the new principal act and introduce a framework to provide for the ongoing management and sustainability of the iconic railway, which is indeed critically important. It changes the name of the Emerald Tourist Railway Board to the Puffing Billy Railway Board and introduces a modern corporate governance reporting mechanism. It will update the functions of the PBRB and outline clear objectives relevant to the operation of the railway as a state significant tourist attraction. It will change the title of the persons appointed to the PBRB to directors rather than members to remove any ambiguity with members of the Puffing Billy Preservation Society. It will transition the PBRB to a skills-based directorship, conferring the power to appoint directors on the Governor in Council on the recommendation of the minister, and it will permit the making of regulations to support the day-to-day operation and management of the railway. It will support the growth and sustainability, importantly, of the PBRB while also recognising the heritage significance of the railway—significance critically of its volunteers because without its volunteer base there would be no Puffing Billy. So this will make sure it supports them and the amazing work that they do day in, day out in making sure that people get to enjoy the Puffing Billy for all it is., It is important, as I went through, to local communities out my way, but there are probably few people across Victoria, indeed within a 1000-kilometre radius, who have not heard of Puffing Billy. Importantly, this bill will make sure it strengthens that and adopts a framework that does align with modern standards and addresses findings from reviews of the ETR act and governance structure of the ETRB.

Members in this place have gone through the extremely dark—and there probably are not many words that properly characterise it—and chequered history that Puffing Billy has had. As has been well detailed by many members in this house, we know on 12 July 2017 that the Victorian Ombudsman announced an investigation into a range of concerns regarding Robert Whitehead. We know that on 25 June 2018 the Victorian Ombudsman then released her report Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies. The Ombudsman provided a suite of recommendations, which the Victorian government of course accepted in full and included a recommendation to review the current structure and composition of the Emerald Tourist Railway Board. In this place today we are directly addressing that recommendation. In response the Victorian government commissioned a review by PwC into the current structure and composition of the Emerald Tourist Railway Board, which was completed in late 2019.

In November 2019 the state, as detailed here by a number of members, importantly made a formal apology in Parliament to those people who suffered childhood sexual abuse in connection with the Puffing Billy Railway and other railway bodies. I remember being in this place and just how moved I was by that apology. It needed to occur and this government made it. I know it has not healed all wounds and it never can, but it is critically important that this place took that time to apologise.

We know that the Puffing Billy Railway Bill 2022 does address the findings and recommendations from the Ombudsman’s investigations and later reviews in relation to the Emerald Tourist Railway Board’s operations and adopts a framework that, as I stated, does bring it up and closely aligns it with modern standards we will all be used to today in modern boards, whether in corporate or in public life. Importantly, as I stated, it does really support future growth and sustainability. We know that work on the proposed legislative amendments was progressed in 2020 and 2021, and the bill now being brought forward was introduced on 1 March. I did state this before, but it is always refreshing and nice when we do have in this place matters that have bipartisan support. Of course we would expect nothing less, and it is important to make sure that we do continue to protect, enhance and support what is one of Victoria’s most popular and iconic tourist attractions.

It is with great pride that I say Puffing Billy is at the doorstep of my local community. It is an amazing place that I know that locals will continue to visit for years to come. One of my more recent memories was—I do not know if anyone has ever tried before—racing against Puffing Billy. You can never beat the first train. It is an amazing place. So, whether it is racing on the train or dangling your legs out of it, it is an amazing tourist attraction, an amazing tourist icon for Victoria.

Importantly, this legislation responds to those very, very dark and concerning days within the Puffing Billy board under its previous name, and this legislation addresses directly a recommendation from the Ombudsman’s report and will ensure that the Puffing Billy Railway’s 300 volunteers, including many from the Puffing Billy Preservation Society, will be well supported under a modern and up-to-date governance structure. And I want to place on record my thanks to the many volunteers who still work there to this day, good people who support the volunteer railway industry out their way. They do an incredible job, and I know this legislation will go a long way to supporting them in making sure we can continue to work in response to the Ombudsman’s report. This is a critical step in doing that and supporting a fantastic Victorian icon. I commend the bill to the house.

Mr MORRIS (Mornington) (17:37): It is a pleasure to join this discussion on the Puffing Billy Railway Bill 2022. There was an interesting comment by the previous speaker about supporting volunteers; I am not quite sure that that is the way many of the volunteers actually see the outcome of this bill, but that is probably by the way.

The bill is pretty much stock standard, the sort of thing you would expect setting up any sort of authority of this nature, and it is not really that much different to the old Emerald Tourist Railway Board. It is interesting, some acts seem to endure forever. I can remember from my first weeks in this place debating the Prahran Mechanics’ Institute Act, amendments to the act of 1899, and I think it is still around. It certainly was in those days; it was being amended in those days. Yet here we have an act, the Emerald Tourist Railway Act 1977, 44 years old, and it is absolutely and completely out of date. It is not that many years ago, 1977—certainly from my perspective—but Victoria is a very, very different place. Australia is a very, very different place, and it has to be said this organisation is also a very different place. Others have talked about the growth of permanent positions; the number is either 70 or slightly under. That of course puts pressure on the volunteer side, and I know that there are reports—and I do not know that they are any more than reports—that there is what has been described as a toxic relationship between the current board and the volunteers. And I would certainly hope that this legislation—not that it is apparent in the words on the paper—will go some way towards resolving those differences.

As I said, it is a pretty stock standard piece of legislation. It establishes the board; provides the objectives, functions and powers; provides for the growth and development of the Puffing Billy Railway—well, you would hope so; requires business and strategic planning; recognises the heritage significance; and, coming back to the volunteers again, recognises the importance of the volunteers. I am not quite sure that it actually does that; the way the board in future conducts itself will certainly have far more to do with that, with repairing the relationship with volunteers.

As others have mentioned, of course, no matter how outdated this piece of legislation is it probably would never have really been looked at if there had not been that dark history. I am not going to refer to that person by name. I do not think he should be referred to by name in any further part of this debate. You just wonder. We have heard far too many times in recent years of these sorts of incidents, the sorts of abuse that occurred. The fact that someone with the history of this individual could then come back and have a senior role in the organisation and easy access to victims is just appalling. In the 1950s and 1960s, while I am sure they were very much conscious of the issues and aware of the need to take protective measures, the community standards were no different. You simply wonder why it was allowed to happen. So the Ombudsman’s recommendation, which was a review of the current structure and composition of the Emerald Tourist Railway Board, and it was a little bit longer than that, was—I will not say the minimum that could have been done, but it was one of the absolutely essential aspects to come out of the report. The minister’s response—and the response was reproduced in part in the Ombudsman’s report—talked about the sensitive matter and tragic events and was an appropriate response in the circumstances. But further on the minister said:

… I have requested that the department manages and oversees their implementations—

that is, the recommendations—

as soon as possible.

Well, that was in June 2018; this is March 2022. I know we have had some events in between that may have slowed things down a little bit, but I do not think it is unreasonable to ask why it has taken four years. Why has it taken four years? The Ombudsman pointed to the gravity of the problem and made a strong recommendation to have the review. The review was conducted. Others have talked about the dates. That was early in the piece. And then the government has just dropped the ball.

The other aspect of this that does concern me, and the Scrutiny of Acts and Regulations Committee highlighted this in the Alert Digest, is that the act does not come into operation until 1 July next year. Now, we were told a couple of weeks ago, last sitting week, that it was terribly important to get this bill on for debate today. It could not be adjourned for two weeks; it had to be adjourned for 13 days. It is not going to come into operation until 1 July next year. But there has been no explanation of that, no explanation at all, from the government. There is an expectation, certainly from SARC but I think from the Parliament as well, that if we are going to debate legislation—we are going to, I am sure in this case, agree to this legislation—the government owes us an explanation as to why it is going to take another 15 months to implement it. Frankly, it is not going to take that long. It should not take that long. It should be a matter of months at most before this new board is operative. Unfortunately while the minister—I think it was the minister at the time—responded absolutely appropriately to the Ombudsman’s recommendation, the follow-up from the government I can only say has been somewhat mediocre.

I just want to move on to another question, which is why we need specific legislation for this railway. We have had since 2010 the Tourist and Heritage Railways Act. We have 21 organisations that operate under that act, yet apparently we need a separate act for Puffing Billy. I do not think that aspect has been covered. Clearly when you look at VicTrack’s so-called blueprint for the future—and it is a damn skinny blueprint in terms of heritage railways—while they note that there is separate legislation for Puffing Billy, the Puffing Billy organisation itself is very much treated as just another heritage railway. There may well be justification for separate legislation, but it is pretty hard to see from this vantage point. I am aware that there are some arguments around who owns what assets and there are certainly some financial pressures with Puffing Billy, as with other railways, but I am not sure there are any less than at Puffing Billy anywhere else.

The Mornington Railway Preservation Society wrote to me right at the start of the pandemic, after their income had dropped to zero, and they detailed their expenses, like spending $25 000 to refurbish a steam locomotive. They had obtained some sleepers from the Avon rail bridge project, and they were able to bring those sleepers back to Moorooduc, but it was going to cost $4000 to get those sleepers back to Moorooduc—a big cost for a volunteer organisation. For public liability insurance to run an operation like that, to run a train, the figure quoted—and this was two years ago—was $15 000 to $20 000. We have not had that explanation as to why this particular railway, as iconic as it might be, should be treated any differently to the other 21 organisations around the state. I would certainly have liked to have seen that.

The legislation, as far as it goes, sets up quite a respectable statutory organisation, and I think it will fill the bill, but perhaps it is not the best outcome that could have been delivered.

Mr CHEESEMAN (South Barwon) (17:47): It is my pleasure to rise this afternoon to speak on the Puffing Billy Railway Bill 2022. I must say I rise this afternoon to speak on this particular bill with very clearly mixed emotions, as I have no doubt everyone in this chamber does. Puffing Billy of course is a much-loved tourist railway that has provided a valuable experience to many, many Victorians and indeed international visitors to Victoria for a very long time. It has got a very, very substantial history. The railway line was, as I understand it, first constructed and opened in 1900. It is older than our nation, and indeed very early on it provided a service to the Dandenong Ranges and that part of Melbourne to enable people and products to get in and out of the Dandenong Ranges.

In more recent times, it has been run as a tourist railway and has provided, I think, a great deal of entertainment and pleasure to the Victorian community and indeed very much to national and international visitors who have come to Melbourne, to Victoria, to experience all that we do have on offer. It has provided a great deal of entertainment. In my own personal circumstances, when my boys were young I on a number of occasions brought them to Melbourne to the Puffing Billy railway line to head down the length of that service to enjoy a picnic and a little walk at the other end of the line. I know my young boys, Isaac and Noah, enjoyed their time exploring it. I also know that for a very, very long time there have been all sorts of iconic tourist-related activities, such as road races against the iconic Puffing Billy, where people have tested their running abilities against the old steam locomotives.

I know as a volunteer organisation they have been very well regarded by people who have contributed and who have provided their time and their labour as volunteers to Puffing Billy to make sure that that experience has very much been on offer. But we also have become in more recent years aware of a very dark and sinister history to Puffing Billy, where the governance arrangements that were in place underpinning that as an enterprise failed young people and where we saw horrendous crimes taking place and we saw firsthand, I think, a failure of a whole raft of different governance procedures and processes that saw offenders being able to have their offending activities covered up and indeed offenders being able to continue to participate in senior roles.

I would very much just like to acknowledge the hard effort of the Ombudsman and particularly of course of my friend and colleague the member for Lara, who as Minister for Tourism and Major Events put in place where he could an appropriate government response to make sure that the iconic Puffing Billy had new governance arrangements that could be implemented to ensure that that iconic tourist railway could continue to do what it did and become a safe place for people to volunteer and a safe place for young people to be around.

I think this reform very much is modern reform, it is appropriate reform and it is consistent really with what we would see in many other iconic tourist-related activities. We have other enterprises around the state, and Sovereign Hill comes to mind, where we have organisations—I see the member for Wendouree here—that have large volunteer workplaces where we have huge interaction between volunteers and young people, and the act that is put in place here in so many ways reflects other enterprises such as that.

I just want to in the short time that I have left indicate that over the last couple of years globally, nationally and indeed in Victoria we have been responding to the significant challenges of COVID-19, and that has meant that many other legislative reforming activities that this government has wished to get on with came with those challenges of responding to that global pandemic. That meant that unfortunately some things we have not been able to as a government get to quite as quickly as we would otherwise have liked. But we have the time and the space now to in a legislative sense put this legislation to this chamber, and I very much wish it a speedy recovery.

Over the next little while we will find around the state our tourism enterprises will be up and running. I would expect that of Puffing Billy, particularly as national tourists start coming back into the state and international tourists. I think we now have a 13- or 14-month transition to the new legal structures. Those legal structures will see that we have a modern governing board. I am sure that that modern governing board will set up a whole raft of appropriate policies to underpin that organisation, particularly around making sure that people get working with children checks done, that volunteers are appropriately trained and appropriately supervised and that the organisation has appropriate complaint mechanisms in place so that when members of the public believe that volunteers are acting inappropriately, those complaints are adequately investigated and appropriate actions are taken.

That is what I would expect to see undertaken by the new board once these new structures are in place, that deep drill down into all the various appropriate underpinning policies to make sure that Puffing Billy is well managed going forward, that it is a safe place for volunteers and that it is a safe place for children to be. I certainly wish the new board and the new governance arrangements that we are putting in place speedy passage through this, and I hope that we never, ever, ever see again Puffing Billy being used by paedophiles to exploit vulnerable young children, which is what we I think have heard in this place, which is so disappointing.

Puffing Billy has a strong future. It will be a strong tourism asset for this state, and these new arrangements are appropriate. The government has listened and it has appropriately responded. I very much want to put on record my thanks and I am sure the government’s thanks to the member for Lara, who championed this work for those people, and his record will be strongly reflected in many contributions to this debate over the coming few weeks. I very much see a strong future for Puffing Billy, and I am very much commending this legislation to this Parliament.

Ms SULEYMAN (St Albans) (17:57): I rise to speak on the Puffing Billy Railway Bill 2022 and echo the contributions that have been made in this house already. Everybody knows the Puffing Billy Railway is clearly an iconic part of Victorian tourism, and today we have heard many stories shared by members across the chamber of how popular Puffing Billy is not only for children but also for local communities. I have also been chatting with staff and other members in relation to Puffing Billy. Although St Albans is very far from Puffing Billy, it certainly is quite popular with Victorians. Everybody has clear memories from their childhood, and as I said previously, it was really intriguing hearing the stories. I myself do not have any memories to share of Puffing Billy. As a child I did not have the opportunity to travel to the other side of town. But I will make it one of my priorities at some point to take my niece and nephew to Puffing Billy.

Coming back to this important bill that is before us, we clearly have heard why we are here today. The Victorian Ombudsman’s report reveals so much disappointment and that Puffing Billy, being an iconic tourism attraction, needed to change and to be brought up to the standards of today. I also want to acknowledge the incredible work and contribution of the former Minister for Tourism and Major Events the member for Lara and not only his passionate, heartfelt work in his contribution to working with Puffing Billy Railway victims of child sexual abuse but also the profound impact that that made on the victims. The whole episode that was unfolding at the time was so tragic. It was pleasing to see the member for Lara take the lead and then follow up as the Minister for Tourism and Major Events with an apology to the victims, which was so important as part of the closure or a step towards closure. It was really important to see the member for Lara, as the minister at the time, strongly taking action once the Ombudsman’s report in 2018 was handed down and making sure that action was taken.

The Victorian government is a strong supporter of the Puffing Billy Railway. We have heard that it attracted over half a million visitors annually prior to the pandemic. Close to $12 million was provided in last year’s budget to protect local jobs and support its operation in that local community. That is really important—making sure that kids do have the opportunity to visit Puffing Billy but also providing and securing those jobs. We have heard a lot about the investment that has been made, such as at Lakeside visitor centre, which was backed by a $12.7 million commitment from our government and includes world-class facilities for tourists, daytrippers and school groups. I hope some of my schools in St Albans venture to the other side to see this iconic ride. The centre boosts many opportunities and also features seasonal produce from the Yarra Valley and Dandenong Ranges. It is a space to host workshops, conferences and school excursions. We can see that the Andrews government continues to support this region, and that is why this bill is important.

To give a bit of context, in 1977 the Victorian government established the Emerald Tourist Railway Board. As we all know, the Victorian Ombudsman’s report identified outdated governance of the ETRB. This bill is about making sure that there are appropriate structures in place so that kids are protected and, most importantly, there is scrutiny of the board and real checks and balances for the board and that we separate key elements of Puffing Billy. This bill separates the ETRB from the Puffing Billy Preservation Society, fulfilling a key recommendation from the Ombudsman and following through on an important report on the Puffing Billy Railway.

This bill also changes the name of the ETRB to the Puffing Billy Railway Board. Again, as I said, this is about reflecting and updating to the standards of today. When we look back from 1977 to where we are today, a lot has changed, and clearly our boards and directors need to be reflective of those changes. The bill also safeguards the Puffing Billy Railway as directors are appointed by the Governor in Council on the recommendation of the minister and candidates are recommended based on merit and skill. Most importantly, as I said, checks and balances are in place for candidates so we do get the right people on these boards of governance to make sure that the Puffing Billy train and its governance is on track, as one would say, but also to make sure that we do not see a repeat of what has been done in the past, and that has been acknowledged.

Most importantly, I would like to acknowledge the volunteers and the incredible work that they do as part of their giving back to community and making sure that they are protecting a piece of Victoria’s history, being Puffing Billy. This bill ensures that these amazing volunteers get to continue doing this and, most importantly, to the greatest effect. This bill specifically recognises these volunteers and supports further volunteer engagement, and that is really important to make sure that volunteers do understand and have those important engagements so that this historic railway can continue to flourish.

As I mentioned earlier on in my opening remarks, the Victorian government are major supporters of the Puffing Billy Railway, and this bill further delivers on that support and strengthens the guidance and structures of the Puffing Billy Railway. We are making sure that there is a long-term vision and objectives to get the most productivity out of Puffing Billy, to improve the vision for Puffing Billy and to increase tourism across that particular region and also across the state. It is a vital piece for the local community, where it is creating jobs and investment. It is a whole chain of an approach, where local businesses are also chained to this iconic destination.

Again, I want to commend the work of the member for Lara, the then Minister for Tourism and Major Events. His contribution and leadership in this space has been phenomenal. With his work on these important reforms we have seen strong leadership when it mattered, and that response was required when the Ombudsman’s report was tabled. The minister at the time, the member for Lara, really was very passionate. He gave his heart. Even in his contribution today he continued his passionate thoughts and sentiments when it comes to this bill.

Most importantly, our thoughts are with the victims. These are important reforms for our state’s local and, most importantly, tourism economies. This is something that we did not want to do, but unfortunately we have had to make these changes to stop what has happened in the past.

The ACTING SPEAKER (Mr Blackwood): The member for Narre Warren South.

Mr MAAS (Narre Warren South) (18:07): Thank you, Acting Speaker Blackwood. It is good to see you in the chair, incidentally. It too gives me pleasure to rise to speak to the Puffing Billy Railway Bill 2022. Like many others before me have said, Puffing Billy conjures just so many fantastic memories for most Victorians. Indeed I too can remember, gosh, probably going back to the 1970s now, being a youngster, being on Puffy Billy, hearing the steam whistle go off and probably getting covered in a bit of soot too that was coming out of the top of the chimney out the front—great memories. And it was great to relive those memories when my children, a decade or so ago, got the chance to do that. It was great to relive it through their eyes. Indeed I think Harry Potter has made this iconic tourist attraction even more popular. In fact I was informed by colleagues recently that these days you actually have to book in advance just to get a ticket to be able to get on the iconic attraction.

Since I was going back down memory lane, I will take you to 1977, which was the time that the Victorian government established the Emerald Tourist Railway Board as a statutory authority. That was done under the Emerald Tourist Railway Act 1977. It was under that act that the board was created. It was responsible for the preservation, development, promotion, operation and maintenance of the railway and for carrying out other related operations which were consistent with the operation of the railway as a major tourism attraction. The bill will repeal the said act and replace it with legislation that will provide for the ongoing management and sustainability of the iconic Puffing Billy Railway.

It will modernise provisions relating to good governance practices and the operations of the railway. It will change the name of the Emerald Tourist Railway Board to the Puffing Billy Railway Board to reflect the more commonly known name of the railway and recognise the heritage significance of the railway and the importance of volunteers to its operation. The board was established, as I have noted, as a statutory authority under that act along with the current governance structure and is responsible for the preservation, the development and the maintenance of the railway.

So what the bill is seeking to do is to provide a modern framework to futureproof the operations and the governance of the attraction so it can operate more effectively and continue to draw more visitors to the Dandenong Ranges for many years to come. It modernises provisions relating to the governance practices and the operation of the railway, including now requiring the board to develop strategic plans and empowering the minister to make written directions and to request information.

The bill also provides a new legislative framework for the Puffing Billy Railway that supports its future growth and sustainability as a state-significant tourist attraction. The bill provides a range of objectives for the new Puffing Billy Railway Board, and these include to ensure the economic sustainability and viability of the railway, to maintain the heritage significance of the railway, to manage and promote the safe operation of the railway, to promote the tourism offering of and enhance the visitor experience provided by the railway and surrounding region, to recognise the importance of volunteer participation in the operation of the railway, to promote understanding of and education relating to rail heritage, to promote the preservation of narrow-gauge rail heritage, to develop and maintain partnerships with community organisations and businesses, to also develop and maintain harmonious relations between the board and the community and to provide a safe, inclusive and diverse working environment for employees as well as volunteers.

I think it is also important to look at the stakeholder comments that have been made and who was actually consulted as the bill was put together, and the Department of Jobs, Precincts and Regions consulted with various Victorian government departments and bodies during the preparation of the bill, including the Department of Premier and Cabinet, the Department of Treasury and Finance, the Department of Transport, the Department of Environment, Land, Water and Planning, the Department of Justice and Community Safety and Land Use Victoria as well as Victoria Police. There were also opportunities to contribute to the bill that were provided to Cardinia Shire Council, Yarra Ranges Shire Council, Parks Victoria and VicTrack as well, given their obvious connection to the railway. Extensive consultation was undertaken with the Emerald Tourist Railway Board in 2021 as well, and whilst the railway board were largely supportive of the measures in the bill, they recommended that some of the limitations in there on society representation on the board be removed. The proposed limitations are to, however, ensure functional separation between the board and the Puffing Billy Preservation Society, and so they are still there.

The bill also stipulates a range of functions of the board that are relevant to the contemporary operations of the railway, including that of operating, managing and maintaining the infrastructure and assets of the railway and doing so in a safe, effective and efficient manner; also managing volunteer engagement with the railway; developing suitable marketing and communications strategies for activities relating to the railway; and reporting to the minister as required under the act.

The bill of course responds to the Victorian Ombudsman’s report which was released in June 2018, Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies, a very dark history to Puffing Billy, which thankfully with these new governance structures will be coming to an end. Whilst I obviously commend the work of our current minister, I would also like to reflect on the work of the previous Minister for Tourism and Major Events, the member for Lara, who did a power of work in ensuring that this bill is now coming to fruition.

The Ombudsman did provide a suite of recommendations, which the Victorian government accepted in full, including to review the current structure and composition of the Emerald Tourist Railway Board. The bill addresses findings and recommendations from this investigation and related reviews into the Emerald Tourist Railway Board’s operations. It found the existing act contained outdated and redundant provisions that required updating in a contemporary tourism environment. The bill will support the growth and sustainability of the Puffing Billy Railway Board while also recognising the heritage significance of the railway, the significance of its volunteers and its importance to local communities. The Puffing Billy Railway is supported by some 300 volunteers, including many from the Puffing Billy Preservation Society. These volunteers do make a vital contribution to the operation of the railway through driving the locomotives, preserving the train tracks and carrying out the maintenance. This is a good bill. Its time has well and truly come, and I commend it to the house.

Ms COUZENS (Geelong) (18:17): I am pleased to rise to contribute to the Puffing Billy Railway Bill 2022. In 2016 Wayne Clark sent a letter seeking an investigation into a range of concerns regarding convicted child sexual offenders Robert Whitehead and Anthony Hutchins and their involvement with the Puffing Billy Railway. I do want to pay tribute to the then Minister for Tourism and Major Events, the member for Lara, for his role in pushing for the investigation into child sex offences. On 12 July 2017 the Victorian Ombudsman announced an investigation into a range of concerns regarding Robert Whitehead. I also took my children to visit Puffing Billy when they were younger and had great experiences, had great memories—lots of photos, fantastic—and enjoyed the day. But we know that for many that was not the case, and I do commend the previous minister for the work that he did in ensuring that the Ombudsman’s report did expose what had taken place.

The Puffing Billy Railway is one of Victoria’s most popular and iconic tourist attractions. We know that those dark times that have been identified need to be put in the past, and I am sure for victims that is not an easy thing. But we do need to make significant change, and that is what this bill does. It improves the governance of the organisation. A lot of our tourism opportunities are reliant on many volunteers, and there are many volunteers involved in the running of Puffing Billy. I think it is fantastic, the work that they do, but the governance of something like this, given what we know has happened in the past, is really, really important for our community. It is important that people know that when they go to something like that their children are safe, so the governance of this is really significant.

The bill provides a modern framework to futureproof the operations and governance of the attraction so it can operate more effectively and continue to draw visitors to the Dandenong Ranges for years to come. The bill changes the name of the Emerald Tourist Railway Board to the Puffing Billy Railway Board to prevent confusion and reflect the more commonly known name of the railway. It modernises provisions relating to good governance and practices and the operation of the railway, including requiring the board to develop strategic plans and empowering the minister to make written directions and requests for information. It is critical that our boards operate in a safe way with good governance to ensure we never again see the horrific events that occurred and have come out in the Ombudsman’s report.

The bill provides a new legislative framework for the Puffing Billy Railway that supports its future growth and sustainability as a state-significant tourism attraction. The bill provides a range of objectives for the Puffing Billy Railway Board, including to ensure the economic sustainability and viability of the railway; to maintain the heritage significance of the railway; to manage and promote the safe operation of the railway; to promote the tourism offering of and to enhance the visitor experience provided by the railway and surrounding region; to recognise the importance of volunteer participation in the operation of the railway; to promote understanding of and education relating to rail heritage; to promote the preservation of narrow-gauge rail heritage; to develop and maintain partnerships with community organisations and businesses; to develop and maintain harmonious relations between the board and the community; and to provide a safe, inclusive and diverse working environment for employees and volunteers. The bill also stipulates a range of functions of the board that are relevant to the contemporary operations of the railway. These include to operate, manage and maintain the infrastructure and assets of the railway in a safe, effective and efficient manner; to manage volunteer engagement with the railway; to develop suitable marketing and communication strategies for activities relating to the railway; and to report to the minister as required under the act.

The bill responds to the Victorian Ombudsman’s report released in June 2018, Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies. The Ombudsman provided a suite of recommendations, which the Victorian government accepted in full, including to review the current structure and composition of the Emerald Tourist Railway Board. The bill addresses findings and recommendations from this investigation and related reviews into the Emerald Tourist Railway Board’s operation that found that the existing act contained outdated and redundant provisions that required updating in a contemporary tourism environment. The bill will support the growth and sustainability of the Puffing Billy Railway Board while also recognising the heritage significance of the railway, the significance of its volunteers and its importance to local communities.

Puffing Billy volunteers make a vital contribution to the operation of the railway through driving locomotives, preserving trains and track maintenance. As I said earlier, I think the volunteer component is a really important part of this bill. It is very significant to the operation of Puffing Billy. Without those volunteers obviously it would not operate as well as it does, so having those volunteers there is really important and we need to recognise how important those volunteers are. The Puffing Billy Railway is supported by 300 volunteers, including many from the Puffing Billy Preservation Society. The expressed recognition of volunteers in the bill will have a positive impact on volunteer engagement at the railway.

The Dandenong Ranges has been home to Puffing Billy Railway for 121 years, with generations of families making lifelong memories. The Victorian government is a strong supporter of Puffing Billy Railway, which attracted around 500 000 visitors annually prior to the pandemic. $11.2 million was provided in the 2021–22 budget to protect local jobs and support its operation as it recovers and draws tourists and daytrippers. It was further strengthened as a tourist attraction by the recently opened state-of-the-art $24.8 million Lakeside visitor centre. The Lakeside visitor centre was backed by a $12.7 million commitment from the Victorian government and boasts world-class facilities for tourists, daytrippers and school groups. It honours the rich history of the century-old heritage railway through a collection of steam-era artefacts and an immersive multimedia experience. The centre boasts a range of dining options featuring seasonal produce from the Yarra Valley and the Dandenong Ranges as well as a high-tech function space to host workshops, conferences, events and school excursions.

Two-thirds of Puffing Billy Railway suppliers are Victorian companies. The bill will support Puffing Billy’s partnership with Dandenong Ranges and Yarra Valley businesses, including wineries and gourmet producers, to showcase the region and their products to visitors. In February 2022 the return of the time-honoured tradition of sitting on the sills of trains running from Belgrave to Lakeside stations was also welcomed by the community, and my children also enjoyed being able to do that, which are great memories. As I said, we have got lots of photos of our time spent there. The return of the iconic experience will deliver significant benefits to local businesses as visitors get back to enjoying doing the things they love with family and friends.

Puffing Billy is a major driver of our local economy, and families all over the world can enjoy the magic of a steam train ride through some of the most beautiful scenery in Australia. The Puffing Billy Railway Bill will ensure this iconic experience can continue well into the future. Again I stress how important this bill is to ensure the safety of everyone—visitors, the board and the volunteers. It is really, really important, so I commend the bill to the house.

Mr RICHARDSON (Mordialloc) (18:27): I rise this evening to speak on the Puffing Billy Railway Bill 2022 and join other members who have shared their contributions on Puffing Billy and have acknowledged some of the changes in legislation. I want to focus on a couple of key elements of the economic outcomes and better governance and board oversight that this bill brings and also acknowledge some of the significant changes that have happened since the Ombudsman’s report in 2018 and subsequent improvements following those deeply tragic events.

Puffing Billy is synonymous with Victoria through those beautiful Cardinia Hills and the Yarra Ranges. I grew up in the south-eastern suburbs, in Berwick, and worked for the former member for Gembrook when I was a pup back in the day. I have very fond memories of that beautiful rail line running through the member for Monbulk’s and the former member for Gembrook’s seats and now the current member for Gembrook’s seat as well. It really brings the community together. When you go around schools with the Deputy Premier and Minister for Education one of the first things he does in the Q and As with kids is ask whether any of the kids know what Puffing Billy is, and 95 per cent of the hands shoot up because they all know what that means and what that beautiful experience is. Then generally he follows on by talking about his beautiful electorate.

It is a source of a parent’s or grandparent’s or guardian’s great joy to take their child or their grandkids on that beautiful steam rail. There is the experience of hanging your legs out of the carts—and potentially getting about 3 tonnes of soot in the eyes, like I have before—and there is the joy of families and tourists as well. It is a beautiful attraction running through some of the most pristine places in Victoria all the way to where my in-laws are at Gembrook. Sometimes people stop at Emerald—they do not go further along the line. But some of the beautiful attractions that are in the Cardinia Hills all the way through to Gembrook now send people all the way through to the end of the train line as well.

We need to make sure that Puffing Billy and the rail authority through there are the strongest they can be into the future, and this is what this bill is all about—providing that ongoing management and sustainability for generations to come of the Puffing Billy Railway, repealing the Emerald Tourist Railway Act 1977 and replacing it with legislation that modernises provisions relating to good governance practices and the operation of the railway. That is a really key element of this bill. The tragedies of the past and decades of systemic failure in the protection of children were passionately acknowledged by the Premier, the then Leader of the Opposition and the then Minister for Tourism and Major Events. When you read those three contributions, you see the significance of this report from the Ombudsman and the great work that was done.

But it took the courage of people like Wayne Clarke and other survivors to tell their stories, to courageously come forward and to detail substantial and horrific failures in governance and the wilful neglect of a range of people’s duties that put children at risk and that saw lives suffer. The huge toll that was taken on people was just an absolute tragedy. It was appropriate that that was acknowledged and the recommendation was supported by leaders in this place. When you read the contributions of the member for Lara—and to have heard that live at the time—it is extremely moving. There was a huge failure of the people that were impacted during the decades. Like the member for Mornington, I will not name those people. But to Wayne Clarke and those survivors: we owe you a great debt of gratitude for your courage and for your perseverance in seeking justice.

Hopefully all the governance changes and all the work that has been done ensure that this never happens again, the child safe standards that we have in Victoria now make sure that we have all of those important checks and balances on child safe standards to make sure our kids are protected at all times, and where there are allegations that are put forward they are investigated by Victoria Police as soon as possible and action is taken to ensure that people impacted by these absolute monsters are supported and that the crimes are brought to justice. It is a really key element of this bill and something this Parliament, together, in a bipartisan way, should be very proud of—the efforts that have been made to reform and send this bill through with those recommendations that have been implemented.

It is really great reading the annual reports of the Puffing Billy board; every time there is a report from the board and the director there is a report on the compliance with the Ombudsman’s recommendations, detailing year-on-year the lessons learned. The governance and improvements that have been made are a really important recognition of the huge amount of work that needs to be done and that is ongoing in that approach as well.

The Victorian government is a massive supporter of the economic and tourism benefits of Puffing Billy. Just recently in the Victorian budget the Victorian government provided $11.2 million for the iconic tourism attraction to protect local jobs. I think the minister might have been there at the time. It was a bit cool that day. Maybe he was in a coat and a hat. I might have seen that on the news, the doorstop. It was a great announcement that goes with the many years of support that this Labor government has provided to this wonderful tourism attraction.

More than 500 000 people took a trip back in 2019 on Puffing Billy—an extraordinary number when you think of the populations through there—and it is not just Puffing Billy itself that is the attraction. That might bring people into the region, but there are so many other things to do in the Yarra Ranges, the Cardinia hills and that Upper Yarra region. It is such a beautiful and pristine place. There are overnight stays and you are on the edge of the Yarra Valley. There are so many ancillary things to what is a wonderful tourism attraction. Think of the 500 000 people that are drawn into that region and that get on the Mount Dandenong Tourist Road or might go up to Belgrave, through to Emerald and the lake side and all those beautiful regions or through Pakenham Upper into Gembrook. These are some of the best places that you can come across in Victoria. The benefit and the need to strengthen that into the future is so very critical, and it is underpinned by a substantial amount of support from volunteers—some 400 volunteers that are contributing to the support of Puffing Billy as well. So it is important that we make sure that in every element and every bit of focus we are supporting the future preservation of this incredible tourism outcome.

That is exactly what this bill does. It puts the economic sustainability and viability of Puffing Billy right at the forefront, maintaining the heritage significance. It is pretty challenging to maintain an over-100-year-old railway line through there, with all the heritage elements that go towards supporting Puffing Billy. That is a significant element that is complemented by the need for safety at all times, and those safety and operation standards are really challenging in such a historical piece of infrastructure as well. The recognition of the importance of volunteer participation and how that has underpinned so much of the work and the effort that has been put forward is a really important element that is put forward in this bill as well.

The bill requires the board to think about sustainable marketing and communication strategies for activities relating to the railway. This is really important when we think about how it links in with our tourism strategy in Victoria and how as we come out of COVID this is so much more important now after two years of the impact of the pandemic. You see in the annual report of Puffing Billy for 2020–21 a substantial impact to visitor numbers—I think it had around 52 000 visitors during that time in the times it was able to operate. So coming back out as strong as we can possibly be and focusing on Puffing Billy’s future in a post-COVID frame is really important as well.

We know all the safety compliance measures that a range of tourism operators have had to go through. That is really critical work of the board as well, and obviously it is really important, in each year and in each interaction of the board, that the minister has oversight and that we are on track with that strategy and always pushing forward on that. So this is a really important bill in that frame, in terms of sustainability and economic development—how important this is as a key pillar in Victoria’s economic and tourism approach, how important this is for the outer east, the Yarra Ranges, Cardinia shire and Upper Yarra communities. This is a really important piece of legislation to modernise Puffing Billy into the future and make sure that with generations having enjoyed this asset, this tourism attraction, it is sustainable into the future for many generations to come. I commend the bill to the house.

Ms KILKENNY (Carrum) (18:37): I am pleased to rise today to speak on the Puffing Billy Railway Bill 2022, which, as we have heard, is an important bill in a number of really meaningful ways. It got me thinking: I actually have not taken my own son on Puffing Billy. I remember pre pandemic we were talking about going on it, but I can tell you now I feel quite inspired to take the trip up there, to do the trip on Puffing Billy and to have him enjoy what I got to enjoy as a child as well, because of course when we speak about Puffing Billy it brings back so many fond memories. My grandparents lived in Upwey, and on so many occasions we would go across and take Puffing Billy up through the Dandenong Ranges. I will never forget that feeling of sitting on those open-sided carriages with my legs dangling out—as the member for Mordialloc said, the soot in the face, the steam, hearing the train horn—and feeling as though it was a bit daring, a bit risky actually, to be hanging out the side of a train. It is wonderful that that has returned, that that experience is now available again for so many not just Victorian families but families from across Australia and obviously international visitors as well.

This has been operating for the past 121 years, give or take a few years with the pandemic, bringing so much joy to so many families. This significant railway has also supported some terrific local communities with tourism, with visitors, assisting those local economies and also, as we have heard, so many local companies that are involved in bringing this tourist attraction together. This is not just a tourist railway; this is really a significant state tourism experience and attraction. The point of it having its own piece of legislation and the focus that that brings really highlights just what a significant tourism destination this is and how important it is for the local communities. Of course we want to make sure that Puffing Billy is supported to delight generations to come—as I said, not just Victorians but visitors from across Australia and around the world—and support them to build their own really fond memories, to draw visitors to the ranges, to continue to support those wonderful local communities and to keep it operating as a significant state tourist attraction.

It is also about working hard with the volunteers to make sure that we preserve and truly acknowledge the heritage value of this railway and support the hundreds of volunteers who really do give so much of their time and energy and commitment and absolute passion to preserving this so that we can continue to enjoy it. I know that so much work goes into maintaining the locomotives, driving the locomotives—I mean, that is a skill in itself—and of course undertaking all of the track maintenance. This bill is designed to do that—to support the Puffing Billy Railway to continue for generations to come. As we have heard, it will completely replace the Emerald Tourist Railway Act 1977 with a much more suitable and contemporary framework, really again just recognising the contemporary operation of this significant railway in the context of its place as a railway that is a significant state tourist attraction.

Importantly this bill will effect a really significant name change, from the Emerald Tourist Railway Board to the Puffing Billy Railway Board—again, to better align the name and the overall recognition of the railway. We have heard that the bill will really modernise governance practices and processes, including things like having to develop a strategic plan, but I think importantly it also really clearly articulates and sets out the objectives of the new Puffing Billy Railway Board. These include: to ensure the economic sustainability and viability of the Puffing Billy Railway; to maintain the heritage significance of the Puffing Billy Railway; to develop and maintain harmonious relations between the board and the community; to recognise the importance of volunteer participation in the operation of the Puffing Billy Railway; and to provide a safe, inclusive and diverse working environment for employees and volunteers. We know that for many reasons the old act is just not fit for purpose, and we now need to implement this new piece of legislation to properly support the growth and development of Puffing Billy, again in the contemporary setting as a state tourist attraction.

But of course we know, sadly, that there is very much another side to this story, a much darker side to the story and a story that really should have been told much earlier—many, many years earlier. It is a story, sadly, of young children who were ignored, not believed, silenced—a story which is a blight on all of us. It was one where childhoods were destroyed and people turned a blind eye—a story perhaps that is all too familiar, where a perpetrator was protected and victims cast out and abandoned. We know that systemic failures, organisational failures, worked to destroy these lives.

We have heard that it was in 2016 that Wayne Clarke sent a letter to the then Minister for Public Transport seeking an investigation into concerns regarding convicted child sex offenders and their involvement with Puffing Billy. Ultimately the Victorian Ombudsman announced an investigation into a range of those concerns in 2017, and in 2018 she released her report. It was chilling reading, that report, and she found that regarding the perpetrator who the report focused on, his conviction and death left many unanswered questions. We do not even know how many victims there might have been, and the investigation sought to answer some of those questions. I really want to acknowledge the strength and bravery of those who came forward to assist in the investigation, and I really commend their courage and persistence. But that report did shed light on a systemic failure by organisations including the Emerald Tourist Railway Board—ignoring, failing to identify and failing to notify police of serious child sexual abuse allegations over more than five decades.

The report found really serious, significant issues associated with the current board structure and the governance structure at Puffing Billy. It found that the volunteer organisation actually operated to conceal a lot of the activity that was going on. Volunteer groups were not informed of allegations; people were not supported to come forward. It found, tragically, that the society had an inappropriate level of control over the board that actually facilitated some of the conduct that took place over those many decades. That is something that this bill is seeking to address to ensure that there is proper independence, proper oversight and proper governance, because I think all of us agree that what we need to do now, what is incumbent upon us, is to do everything that we can to ensure something like this never, ever happens again. We are committed to that, and that is what this bill is a part of as well.

There were difficult findings by the Ombudsman, tragic findings, but as I said, it is incumbent upon us to act on them and to acknowledge that responsibility lies with all of us and that we need to do everything we can to minimise that risk of it ever happening again. I commend this bill to the house.

Mr J BULL (Sunbury) (18:47): I am pleased to have the opportunity this evening to contribute to debate on this bill, the Puffing Billy Railway Bill 2022. As others have mentioned and as the member for Carrum has just alluded to, this bill contains a number of important changes that go to the safety and the surety of people within our state, particularly young people within our state. I want to acknowledge the important contributions that have been made, I think, right across the house as this bill has been before the house this afternoon.

This is indeed a specific piece of legislation that goes directly to the management and the structure of management around the iconic Puffing Billy Railway. Our state, Acting Speaker Blackwood, as you know, is extremely lucky to have a number of iconic attractions right across the state, those such as Puffing Billy. Whether it be the Puffing Billy itself, the ski fields, Melbourne Zoo, Werribee zoo, the penguins at Phillip Island, the forests and parks and natural waterways right across the state; whether it be Wilsons Prom; or whether it is in the north or the west, there are of course some terrific things that Victorians can do each and every day with their families. It is a very extensive offering.

However, what we know is that when our community and communities right across the state have the opportunity to visit these attractions, what is incredibly important to this government and should be important to all members of this house is that these attractions need to be safe, they need to be accessible for all and they need to be well managed and well maintained. These are key pillars of what the experience for the user should be.

It is for these reasons that the bill before the house is with us today and, as I mentioned earlier, makes some key and critical changes to the management of Puffing Billy, and they come off the back of some extremely devastating and extremely concerning matters that other members have canvassed in their contributions this evening. These are matters that are, as I mentioned, devastating for those victims, those families who were tragically affected by child abuse that was found to have occurred. These are shocking, terrible, tragic circumstances. Of course the referral to the Ombudsman was the right decision. It had to be done, and it uncovered a devastating set of circumstances. I do, as other members have done, take the opportunity to extend my thoughts and condolences to all of those that have been affected. As the member for Carrum and other members have said in their contributions, these are important measures that go to improving safety and security and the management of the Puffing Billy Railway.

In recent years the Emerald Tourist Railway Board and governance structures under the current act have come under scrutiny. We know that the ETRB and the governance structures around the Emerald Tourist Railway Act 1977, the current act, came under particular scrutiny through that important Ombudsman’s report of June 2018 entitled Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies. The Ombudsman found significant governance failings at the ETRB and a poor legislative framework under the current act with respect to conflicts of interest and an inappropriate board and management composition that had enabled the Puffing Billy Preservation Society to control the ETRB. The Ombudsman concluded that those governance failings that I have just outlined included that the society’s position of control had facilitated the offending. In response to the Ombudsman’s investigation the government commissioned PwC to undertake a review into the governance arrangements, and many of these matters have been canvassed in other members’ contributions this evening. What we know of course is that prior to the Ombudsman’s investigation the former Department of Economic Development, Jobs, Transport and Resources undertook a review into the current act in 2016, which recommended that the ETRB act be replaced and a new act be established in its place—so a whole range of measures have occurred since the important tabling of the Ombudsman’s report.

The bill will go to improve the governance arrangements at the railway. It goes back to those original values, those important points around making sure that there is safety, there is a surety, but that the framework and the mechanisms that are put in place around the railway are as robust and as good as they can be. The bill will introduce disclosure and reporting obligations that align with modern standards to improve ministerial oversight of the Puffing Billy Railway Board and its operations. The corporate governance obligations in the bill are more extensive than in the current act, and there are a number of key provisions, which given the time I will not go through, but I know other members have had the opportunity to reference those in their contributions.

We know that the Puffing Billy Railway is one of Victoria’s most popular and iconic tourist attractions, and we know that the bill repeals and replaces, as I mentioned, the Emerald Railway Tourist Act 1977. The bill provides a range of objectives for the Puffing Billy Railway Board. Those include: ensuring the economic sustainability and viability of the railway; maintaining the heritage significance of the railway; managing and promoting safe operation of the railway; promoting the tourism offering, which is significant, and other members have spoken about that; recognising the importance of volunteer participation in the operation of the railway; promoting and understanding of education relating to rail heritage; and promoting the preservation of narrow-gauge rail heritage, something that I know members have spoken about. For those that are very much into the history and the evolution of trains within the state, I know that is something that some people are uniquely and particularly passionate about. I think we know that whenever you meet these people in the community they are very much train enthusiasts and people who can certainly give you a lot of information about the evolution of railway, whether that be in our state, other states or across the country.

It goes on—to develop and maintain partnerships with community organisations and businesses. It is certainly important to not look at an iconic attraction such as the Puffing Billy railway in isolation. We know, and I am sure you know in your community, Acting Speaker Blackwood, that it is critically important that any local iconic attraction within a community works with that community and that the community is well informed about any operations that are occurring. There is the management around the site, there are all sorts of measures, whether it be traffic or locals who come in for additional tourism. Whether that be supporting small business because you are visiting that area to see that attraction, these are really important operations. What is important, and it goes to the point that is provided in the direction for the board, is that that community work is maintained.

And of course I mentioned earlier providing a safe, inclusive and diverse working environment for employees and volunteers, something that I know all members should support and certainly something that I support as well. As I mentioned, this is a critical response, a really important response to the Ombudsman’s report released in June 2018. We know that the volunteers that are involved make a vital contribution to the operation of the railway through driving locomotives, preserving trains and track maintenance, and we know that there are, as others have mentioned, 300 volunteers, including many from the Puffing Billy Preservation Society.

We know that the work around the governance is critically important—working with the community, making sure that at each and every opportunity the board and those that are involved with this iconic attraction for our state are doing everything they can to ensure that the safety and the security of those visitors, those tourists who come, is maintained.

I will finish my contribution where I began, and that is by saying that this government and indeed all members of the house should value and respect all of our iconic tourist attractions that exist in this state. What we have seen over this journey is that when things go wrong they need to be addressed as soon as possible. Particularly the member for Lara, I think, spoke incredibly passionately about what happens when these instances occur in our community. They are shameful, they are disgraceful and at each and every opportunity in government we need to call them out. With those remarks I commend the bill to the house.

Ms HALFPENNY (Thomastown) (18:57): I also rise to make a contribution to the Puffing Billy Railway Bill 2022 in the short time that is left. First just a bit of an overview of the bill: the purpose is to provide for the ongoing management and upkeep of the iconic Puffing Billy Railway, which has a 121-year-old history in Victoria. It attracts something like half a million visitors every year. Of course that was prior to the pandemic, and I am sure it will be welcoming many, many visitors back from now. The way that this will be achieved is by repealing the Emerald Tourist Railway Act 1977 and replacing it with this legislation, which will modernise and recognise the significance of the railway and the importance of volunteers in its operation and also amend the name of the board to reflect the more commonly known name Puffing Billy.

Although the Puffing Billy has been a fun day out for families, filled school calendars with excursion locations and made for a classic feet-out-of-the-carriage snap—probably not too safe—the bill acknowledges the devastation and trauma that has destroyed the childhoods of so many Victorians for decades. The Puffing Billy Railway Bill 2022 addresses findings and recommendations from the Ombudsman’s investigation and related reviews in relation to the Emerald Tourist Railway Board’s operations and adopts a framework that closely aligns with modern standards to protect children. In June 2018 the Victorian Ombudsman released a report titled Investigation into Child Sex Offender … Involvement with Puffing Billy and Other Railway Bodies—I have left out the name because we do not want to speak such awful names. The Ombudsman found significant governance failings at the Emerald Tourist Railway Board, who were responsible for the preservation, development, promotion, operation and maintenance of the railway—namely the Puffing Billy Preservation Society’s ability to control the board and subsequently play a role, because it did. At that time it played a role in allowing the most awful of people to commit the most heinous crimes against children, and it was with the knowledge of the board about the convictions of crimes against children that they still continued to re-employ this person.

In November 2013 I spoke in this house on the Family and Community Development Committee report—

Business interrupted under sessional orders.