Tuesday, 5 April 2022

Bills

Puffing Billy Railway Bill 2022

Second reading

Debate resumed on motion of Ms SYMES:

That the bill be now read a second time.

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (13:01): Puffing Billy is one of our great tourist icons. It is an icon that has enraptured not only young kids but many across our community. Mr Atkinson, Ms Burnett-Wake and I, who know something about the hills that are to the east of this city, understand the enormous work that was done by volunteers over so many decades to ensure that that tourist railway was, first, resurrected after the great landslide, but then brought to being a major tourist attraction. Governments of several colours have actually worked on that process of ensuring that Puffing Billy has been able to contribute to the state in the way that we would all want to see. It is true that there has been greater professionalisation of Puffing Billy over a longer period, but the key point is that the volunteers remain and should remain at the heart of the Puffing Billy Railway service.

The enormous tourist significance of Puffing Billy cannot be overstated. The international tourists who came here—and this was pre COVID; obviously international tourism has been very significantly affected by the COVID outcomes, but the truth of the matter is that our tourist industry has been strongly advantaged by Puffing Billy’s presence. Many Chinese tourists and many tourists from Europe have taken the chance to, more recently again, hang their legs outside the train, and that should never have been banned, of course. We welcome the restoration of the opportunity for people to enjoy the movement up through the hills.

Many of us as kids remember going on Puffing Billy; it is a rite of passage for Melburnians and Victorians, and I pay tribute to that. I grew up in the eastern suburbs of Melbourne, and my family I should say went to the hills—went to the gully, as they call it. They first bought a house there in 1938—so well before the war. Parts of the family spent the war years in the Dandenongs, and after the war my family spent much of its time in the area around Boronia and Bayswater and later Lilydale, so we are very familiar with these areas. Ms Burnett-Wake represents the area and understands it extremely well, having been on the Yarra Ranges council, which also strongly supports the tourist railway.

I make the point here that there have been some challenges for the tourist railway in recent years. The revelations that came through the Royal Commission into Institutional Responses to Child Sexual Abuse and others on childhood sexual abuse were very significant, and the Betrayal of Trust report and other important pieces of work pointed to challenges for the tourist railway. I am pleased that those challenges have been met squarely and head on. I do want to indicate that we need proper planning into the future for Puffing Billy. I welcome the government’s bill here in general. It is not a bill that the coalition will oppose, but we will seek to amend the bill. I ask that my amendments be circulated at this point.

Opposition amendments circulated by Mr DAVIS pursuant to standing orders.

Mr DAVIS: The amendments propose a new clause and changes to clause 6 which insert ‘and develop’ after ‘maintain’ and ‘, volunteers’ after ‘Board’. The key point here is that the new clause would construct or erect a stakeholder consultative committee. Our amendment 3 would insert the following new clause:

(1) The Board must establish a stakeholder consultative committee in relation to the Puffing Billy Railway.

(2) The purpose of the stakeholder consultative committee is to provide to the Board opinions and responses regarding the following matters—

(a) business and strategic matters relating to the Puffing Billy Railway;

(b) the safe operation and management of the Puffing Billy Railway;

(c) the visitor experience provided by the Puffing Billy Railway and the surrounding region;

(d) the recruitment, engagement, recognition and retention of volunteers;

(e) the maintenance and preservation of the unique heritage of the Puffing Billy Railway.

(3) The stakeholder consultative committee must consist of members who represent persons whose interests the Board considers likely to be affected by the matters referred to in subsection (2), including—

(a) members who represent community service groups; and

(b) members who represent historical societies; and

(c) at least three members of the Puffing Billy Preservation Society.

(4) The stakeholder consultative committee must meet at least twice each year for the purpose set out in subsection (2).”.

We think this is a very sensible, practical, plausible amendment. The government, we understand, in response to our amendments being circulated, has given general support and approval of our amendments, as have members of this chamber and the other place but also importantly members of the volunteer community and those who are connected with the Puffing Billy Railway. That response has been very strong, and the government has been put in the position where it realised that the amendment would likely be successful. The government has now backed down on its proposals and has now agreed to bring in amendments that will, to some extent, deal with these points. What I would say here is that this is a case study of the Legislative Council dealing with failings in the government’s process: the failure of the government to properly and broadly consult and the failure of the government to actually listen to the broader Puffing Billy Railway community and the community that so much love the railway and are prepared to undertake the work that is required.

I make the point very strongly that the opposition, through our shadow, Cindy McLeish, has been very active in supporting the volunteers. The government has spent much of the last while trying to roll over the volunteers to actually cut them out of the equation, but actually it is the volunteers in this case that are responsible for saving Puffing Billy, the volunteers who over so many decades have insisted that Puffing Billy be supported in the way that it has been. It is true that in more recent years there has been significant public money under governments of different colours going into the process, and we welcome that increasing support, given the growing tourism significance of Puffing Billy and the growing significance, in an economic sense, of Puffing Billy.

It is one of those great icons of Victoria and of Melbourne in particular. As I said earlier, I spent my childhood in close contact with the people in that area of the world. The fondness and support for Puffing Billy Railway was very, very strong. You only have to think back to times as a kid: Mrs Munch and Puffing Billy. I see the Clerk smiling, but the point is that this is deeply embedded in our culture in Melbourne and the Victorian community more broadly.

With those remarks, we will not oppose the bill. We are prepared to respond positively to the government’s proposed house amendments. But make no mistake: these house amendments would not be there if it had not been for the work done by the opposition to ensure that our amendments were circulated and that the volunteers were protected. The government’s legislation as it was put through the lower house was rough and ready and would have rolled over the volunteers. I say that the volunteers are the core of the Puffing Billy Railway and the core of the essence and the community links that are so much a part of Puffing Billy. Our amendments were fundamentally about safeguarding that important community involvement. To the extent that they have had the required effect, we welcome that.

Mr GEPP (Northern Victoria) (13:11): I am pleased to be able to rise to speak on the Puffing Billy Railway Bill 2022. At the outset can I say that I will not address Mr Davis’s amendments. They will be acquitted by others during the course of the debate and I am sure will also be addressed by the minister at the appropriate time.

If you do not know about Puffing Billy here in Victoria, I am not quite sure where you have been, because for over 120 years it has been an iconic tourism attraction here in Victoria and one of the most popular and iconic tourist attractions in this state’s history, I would venture to say. The bill before us will repeal and replace the Emerald Tourist Railway Act 1977 with the Puffing Billy Railway Act 2022. The bill itself 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. I too, like I am sure many speakers to come in this debate, have enjoyed a ride on Puffing Billy, although I must confess that I have not done it for many a long year. But just talking about the bill does—

Ms Maxwell: How many years, Mr Gepp?

Mr GEPP: Well, only probably three or four, Ms Maxwell. I cannot remember exactly when—

Ms Maxwell: Not since you were a child.

Mr GEPP: Well, I can remember how many years it has been since I was a child, I can tell you. It has been far too many, but I cannot remember exactly the last time I sat my bottom on the seats of Puffing Billy. But I do remember it fondly. Just talking about the bill, bringing back those wonderful memories, inspires me to perhaps want to do it again and port myself back in the time capsule to when I was that child.

The bill changes the name of the Emerald Tourist Railway Board to the Puffing Billy Railway Board, and this will prevent confusion and reflect the more commonly known name of the railway. I do not think there would be too many in this place who would not argue that name recognition is pretty important. The term ‘Puffing Billy’ has been well understood and well known throughout Victoria for many, many years.

The bill itself will also modernise provisions relating to good governance practices and the operation of the railway, including requiring the board, importantly, to develop strategic plans and empowering the minister to make directions and request information. It will also provide a new legislative framework for the Puffing Billy Railway that supports its future growth and sustainability as a state-significant tourism attraction. I know that it is very important to Minister Pakula, who has brought this bill before the Parliament, for us to ensure that Puffing Billy does remain an icon of the state and that it does continue to operate as a significant tourist attraction not just for the domestic market but also as a marketing opportunity and as a tourism attraction for those interstate and international visitors as well.

The bill provides a range of objectives for the Puffing Billy Railway Board, and I think, importantly, it is key that we put some of these things on the record, Acting President Melhem. I am sure that in your time in this wonderful state of Victoria you have availed yourself and your family of a trip on Puffing Billy. If you have not, then I would certainly encourage you to do so, but I am pretty certain you have. The objectives include ensuring the economic sustainability and viability of the railway. We do not just want it for the current generation; we have enjoyed it for over 120 years—I think 121 years, and we want it around for another 121 years at least. We want to maintain the heritage significance of the railway and to manage and promote the safe operation of the railway. I know Mr Davis talked about dangling legs et cetera. I do not know precisely what—

Mr Finn: That’s what kids do on Puffing Billy.

Mr GEPP: I understand what it means, Mr Finn, thank you. I understand the concept of the children dangling their legs outside of the carriage. I do recall it, and I think I may have done it myself back in the day. But if those things change, then that is a matter for the people who are operating the facility, and I am sure it would be done with health and safety in mind. We also of course want to promote the tourism offering and to enhance the visitor experience provided by the railway and the surrounding region. It is not just—when people come to the Dandenong Ranges—to enjoy Puffing Billy; there are many, many other attractions that they can go on to enjoy. The visitor economy is very, very important to that region and to the state overall.

Mr Davis made a point about and referenced volunteers and their participation in the railway. I am particularly pleased to say that one of the objectives of this bill is to ensure that we do recognise the important role of volunteers in the operation of the railway, not just now but for many, many years to come. They play such an important role, and we are very, very supportive of our volunteer community right across the board. Whether it is in emergency services, whether it is in health care or whether it is in education or tourism, we understand the role that volunteers play, and none more so than of the volunteers that roll up their sleeves and participate in the operation of Puffing Billy.

We also want to promote an understanding and education relating to our rail heritage, a very important heritage in this state. This bill will ensure that the board has an objective of promoting the understanding and the education relating to that heritage. We also want to, importantly, develop and maintain partnerships with community organisations and businesses. As I say, it is one thing to get people down to the ranges to enjoy their trip on Puffing Billy, but it is also equally important as part of the visitor economy that we ensure that the local community and local businesses are also connected to those people visiting the attraction so that we can grow and enhance that local economy. Equally importantly, we want the board to ensure that they have an objective in front of them to maintain harmonious relationships with the local community. Of course we want the board to ensure that they provide a safe, inclusive and diverse working environment for employees and volunteers in operating Puffing Billy.

Importantly, the bill also 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 bill goes some way to addressing that report. We all recall—and I do not want to spend too much time on that particular matter—it was a shameful time, and I think everybody was distressed when that news broke. I am sure that there is no-one in this place that would be upset with this bill addressing those key recommendations from the Ombudsman’s report. The Ombudsman of course provided a suite of recommendations which the government accepted in full, one of which was to review the current structure and the composition of the existing board. So the bill addresses those findings and recommendations from that particular investigation and related reviews into the Emerald Tourist Railway Board’s operations, which found the existing act contained outdated and redundant provisions that required updating in the contemporary tourism environment. We understand here in this chamber, I think across the board again, the importance of having those contemporary provisions match the present environment.

As I said a few moments ago, 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. I see Ms Maxwell in the chamber, and we share the electorate of Northern Victoria, the biggest electorate in the state—over 100 000 square kilometres. We understand when a community have a particular point of difference, where they have something that is iconic to their local community—you immediately think of a place like Swan Hill or Echuca and those magnificent paddle steamers—what it means to the local community in terms of both visitors coming to the town, so that visitor economy, and the jobs it provides for the locals but also, importantly, the pride they have in that point of difference and what it means to the local community. Many local people who have grown up in places like Echuca and Swan Hill and have been there since they first entered this world talk so proudly and so passionately about the river. So we understand the connection with these iconic tourism attractions not just for the people who are visiting but for the people in the local community and what it means to them to ensure that those iconic attractions are maintained.

Many of the people down at the Dandenong Ranges of course are the volunteers. They are the people that go along and help everybody who is participating to enjoy Puffing Billy with their experience. Our volunteers make a vital contribution to the operation of the railway. Whether they drive the locomotive or whether they are preserving the trains and tracks, whatever it might be, they play an exceptional role. We dip our lids to them, and we say thank you. This bill is designed to continue to enhance the sustainability of Puffing Billy. We understand and acknowledge your contribution to the operation of Puffing Billy, and we hope that you continue to play that vital role. This bill will support, I think, over 300 volunteers, many from the Puffing Billy Preservation Society, who have at their core the preservation of this magnificent, iconic attraction in the Dandenong Ranges, and we too, like them, have a commitment to the ongoing operation of Puffing Billy. We have had it for 120 years. It has made so many families, so many generations, lifelong memories and has become a much-loved attraction, and we want to continue that.

Just finally, I have talked about the visitor economy, and prepandemic—everything is prepandemic these days, and I see from news reports on the pandemic that there are further outbreaks around the world and particularly in some of those countries that have just come through winter, so the challenges that we confront with this pandemic are not over—Puffing Billy Railway attracted over 500 000 visitors each year. We certainly hope to get those numbers back to those levels as quickly as we possibly can. In the meantime the passage of this bill is so important to ensure that we have got the framework and structures in place to ensure that Puffing Billy remains a great iconic attraction to the Dandenong Ranges and to the state of Victoria. I wish its passage a speedy resolution.

Ms MAXWELL (Northern Victoria) (13:26): I rise to speak on the Puffing Billy Railway Bill 2022, which repeals the Emerald Tourist Railway Act 1977 and establishes a new principal act for future governance and operation of this iconic railway. Mr Gepp touched lightly on the Ombudsman’s sexual abuse report. I would just like to note that the rights of victims are not usually prioritised over offenders, but I think this bill does go some way to symbolically doing so.

Puffing Billy is a significant tourist attraction. It is well known for delighting families and in particular children, who sit with their legs dangling over the sides of the open carriages as Puffing Billy weaves its way through breathtaking scenery. The bill seeks to provide the governance framework to sustain the operation of Puffing Billy Railway into the future. Symbolically it is much more than that, though, for while Puffing Billy is a landmark attraction that has given joy to locals and tourists over decades, it was also the stage for historical child abuse offences, the subject of an investigation by the Victorian Ombudsman in 2018.

Before I go on, I wish to welcome and acknowledge victim-survivors who may be here and those who I know are watching via the live stream today. I acknowledge your trauma and that while repealing the Emerald Tourist Railway Act in some respects is another step in closing that dark chapter, it can also bring back to the fore your pain and suffering. The offender at the centre of the Ombudsman’s investigation was involved with railways, including Puffing Billy, for decades—in fact until 1991. This was despite having served a prison sentence for child abuse offending, despite having left another railway society under a cloud of child sexual abuse allegations and under a cloud of persistent rumours and reports, despite senior members discussing this person’s untoward behaviour in the 1970s, despite being confronted by board members and investigated by police in the 1980s and despite the vice-president warning his own son to stay away from this person. We must learn from this, and we must do better.

The Ombudsman determined that the governance of Puffing Billy was tightly controlled by senior members of the Puffing Billy Preservation Society and that the lack of appropriate oversight and failure to respond to reports or to remove those under a cloud of suspicion left children exposed to horrific child sexual abuse. We know that perpetrators are opportunistic. This offender certainly was in assuming the role of roster officer, supervising overnight work parties and fire patrols and leasing property where offending occurred. He became the archives officer and drafted a policy that could conceal complaints.

The failures did not stop in 1991, when the offender was forced to resign from Puffing Billy. During the Ombudsman’s investigation one of the preservation society board members made a repulsive suggestion that blame could be directed towards ‘the predatory child’. The CEO appointed in 2002, a longstanding board member and former president of the preservation society, was criticised for failing to provide full and accurate information to victims, the royal commission, government bodies, the media and the Ombudsman.

Sitting suspended 1.30 pm until 2.04 pm.

Ms MAXWELL: The CEO appointed in 2002, a longstanding board member and former president of the preservation society, was criticised for failing to provide full and accurate information to victims, the royal commission, government bodies, the media and the Ombudsman. The Ombudsman noted:

For decades, young victims with valid complaints about sexual abuse were forced to seek justice for themselves, while steps were taken to protect the reputation of the alleged offenders and the railway.

Young William Elms was banned from volunteering following his complaints, something that continues to deeply affect him. I recognise that with over 1000 members at some points in time and nearly 500 volunteers being actively involved in preserving and operating the railway, there are many hardworking, honest and law-abiding members of the Puffing Billy Preservation Society.

The failures of the board, described as ‘monumental’ by the Ombudsman, were likely never known to them, and I am sure it is very painful for these members that their love for the railway—for their society—is tarnished by the scathing details exposed in the Ombudsman’s report. Those volunteers have raised funds and given countless hours over many decades to the Puffing Billy Railway. A couple of those volunteers wrote to me imploring that this bill be delayed, citing a range of concerns about how volunteers will be supported in the future and about how assets will be managed and a fear that the society is being dismantled as punishment for the past. The Royal Commission into Institutional Responses to Child Sexual Abuse said that, if the problems identified are to be adequately addressed, changes must be made to the culture, structure and governance practices of institutions. This should be without resentment and with the best interests and safety of children at the centre.

The government has its own share of responsibility: to accept that the Emerald Tourist Railway Board was a government agency. While the government could have nominated six representatives to the board, it only ever nominated three. This allowed four society members to control the board, a control they held very tightly from 1977 until 2002.

I do not accept suggestions that the Ombudsman’s report was not robust or that there is some kind of cover-up occurring. I do accept some of the concerns raised about preserving the future for volunteers and ensuring a cooperative and safe operation of Puffing Billy. Volunteering is an important part of our society. Many aspects of our society are heavily dependent on volunteers. I know the society is trying to move forward and that there are issues relating to assets and contracts that are ongoing and still need to be resolved. The government made some positive commitments around this during consideration in detail in the Legislative Assembly, and my office has had discussions with the minister’s office on some of those concerns. I appreciate these conversations, and I hope the government will be true to the commitment they have given to protect the heritage significance of the railway and the significance of Puffing Billy volunteers. Going by Mr Gepp’s contribution, I am certain they will.

The preservation society has undergone much change since 2018. They are now an independent entity, and I hope they have robust policies and oversight in place, as should all organisations. I hope that mechanisms such as working with children checks and child safe standards ensure that predators cannot manipulate opportunities that give them access to these children, as they have in the past.

Measures to ensure the safety of our children should continue to be a high priority for each and every organisation, including government agencies, volunteer societies, sporting clubs and other associations. Governments should continue to explore measures that make it easier to identify potential offenders, whether that is considering Coach Check, implementing the public sex offender register, ensuring offenders cannot operate under pseudonyms or other ways to keep a light on potential predatory behaviour.

Derryn Hinch has been well known for naming and shaming paedophiles. We continue to focus our policy work on child safety and the rights of victims over offenders. For the interest of this chamber, the Ombudsman investigation noted a report on the Hinch program back in 1989 about one of the offenders. It largely concerned a job in the Department of Defence, which was kept open whilst they were in prison. The report noted the sentencing remarks of the case: that this offender ‘used his position as a youth leader at Victoria’s historic Puffing Billy steam train to lure young boys into his web’. The minutes of the society meeting after the Hinch report aired state the committee agreed that one of the executives would have a ‘quiet word’ with the other offender. Yet in keeping with the practice of secrecy, nobody seems to recall what this was about. We can only join those dots, given the subject of that ‘quiet word’ was later convicted, nearly 25 years later, of 23 counts of child sexual offences against six children.

I know that I have focused heavily on the Ombudsman’s report in my contribution today, but we always speak for victims first. Recommendation 2 from the investigation was that the government review the structure and governance of Puffing Billy, as this bill does. I hope the track ahead for Puffing Billy, for the new board and also for the preservation society and its many volunteers is one that brings only joy to the children and adults who travel on this iconic attraction or who volunteer or work for it in the future.

Ms BATH (Eastern Victoria) (14:10): I am pleased to make a contribution on the Puffing Billy Railway Bill 2022 this afternoon. I state that The Nationals will not be opposing this bill, but we do certainly seek to support the amendments foreshadowed by the leader of this house for the Liberals and Nationals, Mr David Davis. I will go into some of the flaws which our amendments seek to address in due course.

You cannot mention Puffing Billy without understanding and recognising the work and role of the dedicated volunteers, who for over 65 years have lovingly restored the tracks, the trains, the steam engines, the historical artefacts and the museum, whether they be retired engineers, steam train enthusiasts, local members of the public or members of the marketing community—people who just felt that they were able to provide that support and volunteerism and their skills and enthusiasm. We pay homage to all of those wonderful people who have contributed to the phenomenon that is the iconic Puffing Billy.

Many years ago I was the mother—I still am the mother—of beautiful boys, but they are men now. My beautiful boys were very much devotees of Thomas the Tank Engine. There is nothing more fun as a parent than to be able to take your young children to a very real and live example of Thomas the Tank Engine, and we had great fun sharing that excitement with children and family. Indeed I was one of those almost half a million people who annually go to visit Puffing Billy, and it is in the western end of my Eastern Victoria electorate. It is just a beautiful place, the whole of the Dandenongs, to experience and enjoy scones, jam and cream, to go for walks among those beautiful, magnificent trees and to breathe in the air.

The Puffing Billy Preservation Society has been going since 1955. Membership has certainly played a key role in restoring and preserving the railway in terms of rebuilding the railway, getting the rolling stock back up and working, holding regular excursions and keeping it rolling along. Many of those society members have also been active members of the Emerald Tourist Railway Board (ETRB) volunteers, and they continue to do significant and important work. But we also know that throughout this period of time a once largely volunteer organisation has now seen around 70 members of the public working and employed there. So they are being employed by the railway.

The purpose of this bill specifically is to establish the Puffing Billy Railway Act 2022 and repeal the Emerald Tourist Railway Act 1977. It recognises the need for ongoing management for the sustainability of Puffing Billy as a significant tourism attraction, but it also improves the governance arrangements and practices to align with modern standards.

I listened intently to Ms Maxwell’s commentary in relation to the rationale and the reason this bill has been brought before the house. It really has been catapulted here, rightly, because of the Ombudsman’s investigation in 2018 into child sex offender Robert Whitehead’s involvement in Puffing Billy and other railway bodies and then the subsequent report. Now, this was really a very sad and chilling and cruel chapter, of a depraved individual hunting children when they should have been enjoying the very wonderful experience that the railway had to offer—and indeed family members of those that volunteered. They were the victims, and now as adults they are victim-survivors, and I hope this legislation goes some way to healing some of those scars that they have experienced in coming forward through this. I appreciate it and apologise if this bill today causes them distress, but it is moving forward.

Deborah Glass is a very classy woman, I believe. She has a 10-year tenure. She operates with impartiality. She looks for transparency, and she does so with rigour. This report at the time I know was quite extensive, sifting through a whole raft of documents and really getting to the detail. One point that I would like to raise that she raises in the report is:

Importantly, the Royal Commission made a series of recommendations for governments and institutions to better protect children and to respond to the needs of survivors. These include preventative measures, in particular, Child Safe Standards which should be adopted by all institutions involving children; as well as a National Redress Scheme to help people who experienced child sexual abuse.

Now, I raise this from this report, and I want to focus on identifying child safe standards. They are important principles. Our schools—state and private schools, independent schools—have adopted these child safe standards. Our disability sector have adopted these child safe standards. But they are not just words on a page, they need to be enacted and activated. Any and all of those institutions—whether they are schools or whether they are a very important tourist organisation—anywhere where there are children, these have to be active. I say that because I get concerned that one of the resources and referral agencies—that is, the checker of these child safe standards, the Commission for Children and Young People—is not adequately resourced, and I urge the Andrews government to provide that adequate personnel and resourcing so that the commission can actually provide the oversight, the people, to investigate issues where they need to. I place that on the record because standards are good, they are very important, but they have to be actively enforced and managed. And I also call on all of those people, whether they be volunteers, teachers or the like, to be vigilant to uphold those—and thousands and thousands do, and I appreciate that very much.

The Ombudsman’s report certainly recommended a review of the current structure in relation to these governance issues, and I note that all of the members that were on the Emerald Tourist Railway Board and the preservation society at the time of the abuse subsequently resigned, many moons ago. Part of her recommendation was that the government apologise ‘on behalf of the ages’, we will say, and indeed Minister Pakula did that in 2019, and rightly so.

Drilling down in reference to the bill, it establishes the changes to the Puffing Billy Railway Board. It provides objectives and functions and powers for the new board. It transitions to—I like it when it says this—a skills-based board with a minimum of five and a maximum of 10, and I will go into that in a moment. It also lifts the bar in terms of the amount of money that can be spent without ministerial approval. As time marches on, less is more, and it lifts that bar, which is important. And it also goes into strategic planning.

One of the key things that is a frustration to some of the constituents of mine who have contacted me relates to the infrastructure and assets of the railway, and I will go into that right now. In relation to the ownership of resources, some of the members of the Puffing Billy Preservation Society are aggrieved that they have gone from being a large and dedicated volunteer resource that saved the railway to having this increasing disconnect with the ETRB. One of my constituents, David Paroissien OAM, from Inverloch—this is how far some of the residents can actually travel and commit themselves to the Puffing Billy Railway—was very frustrated with the government in the lack of consultation, he raises. Also, he raises about the board members, and I quote from his letter to me:

The office bearers of the Preservation Society are the … ones devoted to preserving and promoting the railway, why are they then disqualified from appointment to the new Board?

I think he relates to the numbers—so when they reach that cap, even if they have fabulous skill sets, they are no longer able to be on that board. He raises questions in that. He also sent to me a document that I know went on to Minister Pakula on 16 March. It relates to, one, the definition of ‘Puffing Billy’ as a railway but specifically land owned by the Puffing Billy Preservation Society. It goes on to list a number of the different lots and lands that they have under their jurisdiction, but they are concerned about that carve-up and what that will mean. We have presented for the house some amendments that should go to ensuring that the volunteers still have a voice and will be able to provide that feedback to government and to the new board. The document also goes on to talk about the avoidance of conflict without alienation of the volunteers—and I have put that on record—and the importance of continuing to build good bonds over what have been some dark times there. That was signed by Simon Nunan from Eastern Bridge. I know the government have that in their hands and should be working on, I understand, some house amendments.

In finalising, going to our amendments that Mr Davis has foreshadowed, these insert a new clause in relation to the stakeholder consultative committee, which will really provide that engagement, recognition and retention of volunteers, a very worthy and worthwhile inclusion.

Finally, I would just like to thank Cindy McLeish, our Shadow Minister for Tourism, for the work that she does in this space. I know she has worked very hard. As I said, The Nationals will not be opposing this, but we certainly ask the house to support our amendments and we will look favourably if the government can provide those house amendments if they then strengthen some of the flaws that are in this bill.

Mr MELHEM (Western Metropolitan) (14:23): I also rise to speak on the Puffing Billy Railway Bill 2022—the Puffing Billy bill. I was going to talk about whether it is Bill or Billy, but I think everybody knows him as Billy. Puffing Billy is probably one of the most loved icons in the state of Victoria. Even Mr Finn enjoyed his time when he took his kids to Puffing Billy. He even had a ride, I believe, on Puffing Billy.

Mr Gepp: No, he didn’t.

Mr MELHEM: He didn’t? Maybe he did not pay for his ticket.

Mr Gepp interjected.

Mr MELHEM: That’s right. He tried to sneak in, and obviously they would not let him in. Puffing Billy is a Victorian icon. It has been going for 121 years. For 121 years it has been enjoyed by Victorians, Victorian families and tourists alike. I remember the many occasions we took our own kids to have a ride on Puffing Billy. They enjoyed it enormously. It was the ‘choo choo’—the train—we used to call it, as my son used to call it. You would be able to sit on the train and put your legs out and enjoy the ride. And in the next few weeks we will have the famous run as well, where people are able to go and race Puffing Billy, and I am sure maybe some members here may be participating in that fun run. Maybe Mr Finn, Mr Gepp and I could go and have a run and enjoy the race, which is I think on 1 May this year.

Mr Finn interjected.

Mr MELHEM: No, no, I think we should participate in walking and running, Mr Finn, and be fit. You and I can do with a bit of fitness.

This bill, while it is straightforward, does address a number of issues which have been brewing for a number of years, and I think previous speakers talked about the Ombudsman’s report, which the government is responding to to implement the changes to make sure we have a modern framework to futureproof the operations and governance of the attraction so it will operate more effectively and continue to draw visitors to the Dandenong Ranges for years to come. It is also changing the name, currently the Emerald Tourist Railway Board, to the Puffing Billy Railway Board to prevent confusion and reflect the more commonly known name of the railway.

Also the bill’s provisions in relation to the operation of the railway include requiring the board to develop a strategic plan and empowering the minister to make written directions and request information. Now, it is important to make sure we have got modern legislation to enable the efficient running of the railway. The opposition has a number of amendments, which were circulated by Mr Davis this morning. I will just flag that the government will have some house amendments which the minister will be dealing with later on. On the proposed amendments by the coalition, just for the record I can say the government has engaged with the opposition in relation to these matters, and the house amendments proposed by Mr Davis on behalf of the opposition are proposed to address some of the areas where the opposition has noted further strengthening of the heritage significance and consultative clauses. So that will be dealt with shortly, but also the member for Eildon—I think her name has come up a few times in the debate so far—raised further queries in relation to the inclusion of the definition of the rail corridor. The bill does include a reference to the rail corridor plan in clause 33(2) of the bill, which sets out what must be included in the rail corridor plan. I will read that:

A rail corridor plan must set out how the rail infrastructure, facilities and rolling stock forming part of the Puffing Billy Railway are to be maintained for the course of the plan.

The inclusion of a definition for the railway corridor is not supported by the government. The reason for that is that advice provided by the Department of Jobs, Precincts and Regions to the Office of the Chief Parliamentary Counsel considered it a redundant definition that was not used elsewhere in the bill. So that is the reason why we are not supporting that definition.

The bill, as I said earlier, 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. Having listened to Ms Maxwell earlier today in her contribution, I think that was a really dark period in the history of Puffing Billy, and it is something no-one should tolerate or accept. Having someone working or volunteering for decades and being involved in child molestation and sexual abuse is abhorrent, and I think that is something that should be condemned and should not be happening, full stop. So this bill is partly responding to that to make sure we have proper governance in place and we have checks and balances to make sure these sorts of things do not occur again. This is an obligation we all have, to make sure that families and children in particular, who love going to Puffing Billy, are not taken advantage of or sexually abused by anyone—and hopefully we can put that episode behind us.

I have talked about the board operations. The bill supports the growth and sustainability of the Puffing Billy Railway Board while also recognising the heritage significance of the railway and the significance of its volunteers and its importance to the local community. It is about trying to strike some sort of balance between making sure we have got an efficient railway, a safe railway, and also supporting the great work of the volunteers, who put a lot of their time, effort and expertise into making sure Puffing Billy remains operational. I think it is fair to say that without the contribution of the volunteers, Puffing Billy would not be operational today. I think that is a fair statement. Mr Davis mentioned earlier that successive governments have put in a lot of resources and investment to make sure that continues, but can I just say in relation to our government that the Victorian government is a strong supporter of Puffing Billy Railway, which attracted around half a million visitors annually prior to the pandemic. I am looking forward to us getting those numbers of visitors back, and I am sure we will, going forward; hopefully we can put the pandemic behind us. $11.2 million was provided in the 2021–22 budget to protect local jobs, support its operations and help it to recover and draw tourists and daytrippers back to Puffing Billy, because that is the key. Having tourists come back or just day-to-day Victorians able to go and enjoy a ride on Puffing Billy is very vital to its ongoing operation.

It is 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 further $12.7 million commitment from the Victorian government and boasts world-class facilities for tourists, daytrippers and school groups as well. So the government has supported it and has invested heavily in making sure Puffing Billy’s operation continues strongly into the future and will continue to do so to make sure we maintain this wonderful attraction to be enjoyed by many Victorians and also to attract tourists. One of the areas when people come into Victoria that they look at is the Dandenong Ranges, and one of the first features is Puffing Billy. Some people might want to go to the Yarra Valley, for example, and other places in the Dandenongs, but Puffing Billy, for tourists in particular with young families, is one of the main attractions.

It is important to make sure that we have got sound legislation or regulations put in place and infrastructure, both human infrastructure and physical infrastructure, put in place to make sure Puffing Billy continues to operate in an efficient manner and most importantly, as I said earlier, in a safe one as well, because people want to be able to feel safe when they go and visit. We do not want to have a repeat of what happened previously, and we want to make sure that families are able to go there—and workers; there are a lot of volunteers—and make sure they feel safe. I think we would all love to see Puffing Billy go from strength to strength.

I just want to conclude by congratulating the Minister for Tourism, Sport and Major Events for basically addressing all of the concerns that were raised in the Ombudsman’s report and for the investment the government is putting in. But more importantly I want to give a shout-out to all the volunteers and all the people involved in operating Puffing Billy and making sure it gets back to its glory days post pandemic and becomes again a place of enjoyment for many, many, many years and decades to come. Victorians will go back, hopefully, post pandemic, and have a ride on Puffing Billy, and hopefully we will welcome tourists coming back to Victoria and enjoying the wonderful scenery when they are having that beautiful ride on Puffing Billy.

Mr Finn, maybe you and I can do the run on 1 May, so let us start training. We have only got about four weeks. And Geppy will come along, and Mr Barton. So with these comments I conclude my remarks, and I support the bill.

Ms BURNETT-WAKE (Eastern Victoria) (14:36): I rise to speak on the Puffing Billy Railway Bill 2022. Puffing Billy is iconic. It is one of the biggest tourist attractions in Eastern Victoria Region and one that we are very proud of where I live, in the Dandenong Ranges. In fact I live so close to the railway that I can hear its whistle often. Like many of us in this chamber, I have fond memories of trips on Puffing Billy as a child. I sat in the window with my legs dangling over the side as the train made its way from Belgrave up to Gembrook. I have since returned with my family on many occasions, and my children enjoy it just as much as I did. It is a timeless family destination. In fact we see how the children love it so much; often I am caught at a railway crossing and all the children are hanging out the side waving, and we love nothing more than to wave back at them. It is absolutely fantastic. For us Puffing Billy is a fun day out and a place where everyone enjoys themselves.

However, the bill before us today comes as a result of the 2018 Ombudsman’s report, which is Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies. What happened at Puffing Billy was abhorrent. It occurred over many years and has led us to discussing this bill today. I was not a member of this chamber when the minister apologised to the victim-survivors, but my thoughts are certainly with them all. The Ombudsman’s report clearly highlights significant failings in governance of the railway. There are limited reporting requirements under the current act, the Emerald Tourist Railway Act 1977, which led to many problems and unfortunately cover-ups. This bill seeks to repeal the Emerald Tourist Railway Act and replace it with this new act. The Emerald Tourist Railway Board as we currently know it will undergo a name change and be known as the Puffing Billy Railway Board. The board will change to be a skills-based board made up of a maximum of 10 members. A number of my constituents have reached out with concerns around this, which I will return to in a moment.

The bill provides for the ongoing management and sustainability of Puffing Billy as a significant tourist attraction. It also gives the board powers to implement corporate governance and policies, and importantly it vows to maintain the heritage significance of the railway. This is an important aspect—to maintain the heritage. This railway is 121 years old. We want to see it continue to thrive as one of our premier tourist destinations. Pre COVID it was attracting over half a million visitors each year. The railway was sadly closed in 1954 after a string of financial losses and a landslide, which blocked the line between Selby and Menzies Creek. Melbourne newspaper the Sun organised a final farewell to Puffing Billy. Over 2500 tickets were sold to ride on the train one last time, but over 30 000 people turned up to the gates. It was this show of public support that sent locals into protest to save the train. They formed the Puffing Billy Preservation Society, which still exists today and can now rightfully boast it saved Puffing Billy.

Puffing Billy holds a place in the hearts of many Victorians—and not just the public who love to visit it. It is the reason many of my constituents get out of bed in the morning and spend many hours volunteering at the railway. It is historically significant to the Puffing Billy Preservation Society. I understand there is some strong tension between the preservation society and the current board. This bill has created some further concerns which I think are important to address.

I was recently contacted by a constituent, David Paroissien, who has been a Puffing Billy Railway volunteer and member of the preservation society for 60 years. That is decades and decades of volunteering to make Puffing Billy the great attraction it is today. Like many of the volunteers, David feels that after years of dedication to the railway this bill is seeking to push him and others in the preservation society out. If passed, as the bill stands, the Puffing Billy Railway Board must consist of at least five but not more than 10 directors appointed by the Governor on the recommendation of the minister. The bill goes on to state that no more than two directors can have been members of the Puffing Billy Preservation Society in the last 12 months and that anyone with an elected position within the society is not eligible to be appointed to the board. Numerous constituents have contacted me, concerned that this limits the input of those most interested and concerned with the preserving of the railway. These are the people who joined the society for the very purpose of preserving the railway, and they are having their involvement limited or prohibited in some circumstances.

Under the current act, four out of 10 board members are nominated by the preservation society. The bill before us today seeks to halve their involvement and limit it to two. The existing composition was obviously far from perfect. Poor legislative drafting meant control of the board effectively defaulted to nominees of a group of volunteers. Running a board requires many skills. Local knowledge of the preservation of trains is one very important aspect, and so is knowledge of organisational governance and business responsibilities. This new skills-based board is intended to allow people with relevant skills to make up the board. However, the society members I have spoken to would like more of a say. They wish that the terrible mistakes of the past society will not condemn all current society members.

These constituents have raised with me that it is the office-bearers of the preservation society who are the most devoted to preserving and promoting the railway and that they are the ones disqualified from appointment to the board. Members of the society may have the skills required for the skills-based board, but because of their membership of the society they are limited in how many can be appointed. Why, I ask, is there not a maximum of two board members for other people with common affiliations? These society members feel they are being victimised and discriminated against due to the failings of Victorian Railways, the old board and the old society. Those people have moved on.

One of the objectives of the new board is to recognise the importance of volunteer participation in the operation of the Puffing Billy Railway. This is particularly important because volunteers play an invaluable role in the operation of the railway, and they want that to continue. They deserve to be respected for their years of dedication and hard work, and I am pleased to see them recognised in this bill. There is, however, no clear direction as to how volunteers will continue to be engaged in the operations of the railway. Volunteers feel a bit left in the dark about their future involvement, and I know they would like to see this bill delayed so there can be greater consultation about how it will work moving forward. To note some of the concerns, I am going to quote directly from a few constituents who have contacted me. One constituent has said:

… it would seem that all those efforts are to be disregarded and that the new Board will assume full control of the railway without any reference to or consultation with those to whom the railway owes its very existence.

Another said the bill’s sole aim:

… is to vest control of the railway with the minister to the exclusion of the Puffing Billy Preservation Society—the passionate group that saved the railway 60+ years ago and created one of Australia’s most successful tourist attractions.

Now, one of the biggest concerns about this board composition is: what will happen to assets? There is a heated dispute about asset ownership between the society and current board. When the preservation society formed to save the railway, they raised funds, bought equipment and repaired tracks and rolling stock.

The land surrounding Puffing Billy is a mix of board land, freehold parcels owned by the preservation society, various other leases and licences and Crown land. The bill enables the new board to grant a lease, licence or easement over any land vested in, owned, leased or managed by the new board. This has created concerns that parcels of land may be acquired by stealth. They can create proprietary interest in land they merely lease, which would push out the rightful owner. There have already been disagreements about land and asset ownership. These volunteers do not need the added pressure and cost of court cases over land and asset disputes. If this bill intends to bring about positive change, that should not be happening. I am concerned that through the inadequate wording of the provision it does not resolve conflict but instead leaves the door open for future conflict and court action over assets and land.

The reasons we are seeing this bill are clear: there were substantial failings that occurred at the Puffing Billy Railway, and skills-based governance and oversight are needed. However, the Puffing Billy Preservation Society is made up of volunteers who are emotionally invested in this railway. Mr Davis did put forward the opposition’s amendments for a consultative committee to be established and meet twice a year, with three members of the preservation society on it. This will allow the Puffing Billy Preservation Society a seat at the table to continue providing their valuable insight while allowing for a new skills-based board to come in and improve governance. There would also be room at the table for people who represent community groups and historical societies—local knowledge is valuable knowledge. The amendments strike a balance between improved governance and the rights of community and volunteers to have a continued voice. I understand the house will also be bringing forward amendments. I have not seen them, but I hope that these amendments would address and achieve the same things.

Mr BARTON (Eastern Metropolitan) (14:47): I rise to speak on the Puffing Billy Railway Bill 2022. I will just address the opposition’s amendments. I will be supporting those amendments. I believe this stakeholder consultative committee will recognise the important contributions of volunteers and Puffing Billy enthusiasts to the Puffing Billy Railway. Absolutely the Puffing Billy Railway Board should be founded on transparent and accountable modern governing structures. This bill achieves that, although there is space for the Puffing Billy community to be involved as stakeholders whose views can be consulted. The committee would be made up of members who represent community, service groups, historical societies and the Puffing Billy Preservation Society. This would ensure that all different stakeholders with different perspectives are heard in the consultation process. While these amendments require that the stakeholder consultative committee must meet twice a year, there is no provision that requires the board to adopt the considered advice; merely that the advice can be given.

I think these amendments have found a sensible balance between recognising both the historical contribution of volunteers and members of the Puffing Billy Preservation Society and the need for greater accountability and modern reporting mechanisms. This is a significant, dedicated community who take great pride in their contribution to preserving the Puffing Billy Railway, and they should be encouraged to continue contributing into the future.

Mr TARLAMIS (South Eastern Metropolitan) (14:48): I also rise to make a contribution on the Puffing Billy Railway Bill 2022. The Puffing Billy Railway is one of Victoria’s most popular and iconic attractions. The Puffing Billy Railway Bill repeals and replaces the Emerald Tourist Railway Act 1977. The bill provides a modern framework to futureproof the operation and governance of the attraction so that 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 practices and the operation of the railway, including requiring the board to develop strategic plans and empowering the Minister for Tourism, Sport and Major Events to make written directions and request information.

The bill also provides a new legislative framework for the Puffing Billy Railway that supports the railway’s 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 …

to promote the tourism offering of, and to enhance the visitor experience provided by, the … Railway and the 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;

to provide a safe, inclusive and diverse working environment for employees and …

workers. The bill also stipulates a range of functions of the board that are relevant to the contemporary operation of the railway, including:

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 communications strategies for activities relating to the … Railway;

to report to the Minister as required under this Act …

The bill responds to a 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 operations 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 the local community.

Puffing Billy volunteers make a vital contribution to the operation of the railway through driving locomotives, preserving trains and track maintenance, and this bill includes an objective of the board to recognise the importance of volunteers and their invaluable contribution to the running and preservation of the historic railway. The Puffing Billy Railway is supported by 300 volunteers, including many from the Puffing Billy Preservation Society. I think we can all agree that they do an amazing job.

I think many in this chamber and this Parliament would have their own personal experiences of riding on Puffing Billy over the years, either as a child or in later years as they have grown up, and could tell stories of themselves, their children or family members and their time spent on the railway or on activities associated with the railway—very fond memories. I think it is important that that can continue for future generations as well so those memories can continue to be created for future generations.

Volunteers, as with many activities and many things, are integral to many organisations, and Puffing Billy is not unique in that. The volunteers associated with it do an absolutely amazing job and should be commended for the work that they do. They are instrumental in its success, and they need to be supported and acknowledged at all stages. This bill seeks to ensure that they are recognised for the work that they do and that they are supported. The express recognition of volunteers in the bill will have a positive impact on the volunteers’ engagement at the railway.

The Dandenong Ranges have been home to Puffing Billy Railway for 121 years, with generations of families making lifelong memories at this loved attraction. As I said, there are many fond memories created by many families at this attraction, but not just this attraction—the Yarra Ranges and surrounding areas are much loved. Puffing Billy is one attraction in the area. There are many other lovely places up there in the valley. I know my family spent a fair bit of time up there enjoying the surrounds, the wonderful scenery and the many activities that there are in the region. Some weekends up there it is very, very busy and very difficult to get in because it is a very popular area. I know post the pandemic it has become even more popular as people seek to get out and about and make up for the time they have spent away from others and inside and seek to get out and enjoy the countryside and wander and experience the fresh air.

Places like the Yarra Valley are places that people flock to to experience the wonders of it, and it is busier than ever. That is why it is important that we do what we can to support institutions like Puffing Billy to ensure that it gets the support it needs so that it can support the level of tourism that it receives. That is why the Victorian government is a strong supporter of Puffing Billy Railway, which attracted around 500 000 visitors annually prior to the pandemic, with $11.2 million provided in the 2021–22 budget to protect local jobs and support its operations 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 attractions 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’s suppliers are Victorian companies as well, making sure that we are always supporting Victorian companies throughout the supply chains as well.

The bill will support Puffing Billy’s partnerships with Dandenong Ranges and Yarra Ranges 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 for trains running from Belgrave to Lakeside station was also welcomed by the community. It has been a very long time since I have done that, so maybe that is something that I will look at doing again. I will go out there and have a crack at that. It has been a long time since I have done it. I cannot remember the last time I did it, so maybe I will get up there and do that. Maybe I will take a selfie doing it and pop it up on Facebook.

Mr Finn interjected.

Mr TARLAMIS: Maybe we will make it a bipartisan thing. I will get one of my colleagues from the other side of the chamber and we can go up there and do it together, because it is always important when you can come together in a bipartisan fashion to support important initiatives like this bill. I am sure with your support today we will pass this bill, and to seal the deal on passing this bill in a bipartisan fashion today we can do a selfie sitting on the sills of Puffing Billy.

It is great that the return of this iconic experience will deliver significant benefits to local businesses as visitors get back to enjoying the things that they love with family and friends. Puffing Billy is a major driver of the local economy and families from all over the world can enjoy the magic of the steam train rides 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, as I said earlier, and again, we would all have very fond memories of Puffing Billy, but if we have not, we should make them. If you do not have a fond memory of Puffing Billy yet, there is plenty of time for you to make a memory.

Mr Ondarchie: Can you use your Myki card?

Mr TARLAMIS: I do not know. That is a good question. Maybe you could ask that in the committee stage; I do not know. But yes, if you do not have a fond memory, what are you waiting for? Come along down to Puffing Billy, make yourself a new memory. This is a plug: come on down to Puffing Billy. Do not waste time, get down there this weekend.

Mr Ondarchie: You have still got 4 minutes, mate.

Mr TARLAMIS: I think I am done. I do not think I can fill the 4 minutes. With those words, I commend the bill to the house.

Ms SHING (Eastern Victoria) (15:00): What an act to follow. We have taken a pretty significant journey today through the history of Puffing Billy. There are a few puns to follow, so walk with me as we take this tour through history and indeed the stunning landscapes of the eastern Dandenong Ranges. I want to echo a number of comments made by Ms Burnett-Wake in her contribution, which referred to the iconic status of Puffing Billy as a destination and an experience and a sense of local identity wrapped up in narrow-gauge tracks that wind their way from Belgrave right through to Emerald and then on to Gembrook. Puffing Billy is a series of stories, and it is many, many generations of love and of pride, of time and of energy and, in too many cases, of tragedy.

I am going to make a brief mention of the offences that occurred which were then the subject of the Ombudsman’s report and of subsequent recommendations which are being addressed by this bill. I want to acknowledge the apology that was given in relation to these matters and the pain and distress that was caused to those victims and survivors of the offences, which are in the public domain and have been the subject of a lot of discussion about how we can and indeed must make sure that matters like this do not occur ever again and that prevention is part of what it is that we do in governance arrangements across the board, not just as they relate to tourist attractions like this one. So that is the context by which many of these changes have come to pass.

But what I want to focus on with the time that I have available is the very keen sense of connection of locals—and indeed the 500 000 visitors per annum who enjoy all that Puffing Billy has to offer—and the stories that line these tracks. Ms Burnett-Wake has referred to the closure which occurred between Selby and Menzies Creek, which attracted a vast number of people who came out in support of keeping the railway open. There are also other stories, of countless volunteers and of the nature of the preservation society and the way in which that came to be, and lesser known stories, and I am going to, as I always like to do, talk about a dog—because there was a dog by the name of Jerry.

Jerry was a small dog of indeterminate origin who landed on the doorstep one day as a stray at the household of Mr and Mrs Dickie Down. This is a true story, and it is one that I share with love and with a sense of nostalgia. Jerry loved the train. Jerry and his human, Mr Down, would frequently go to the railway line, where Mr Down would drive the train and Jerry would run alongside it, absolutely delighted to be there, absolutely delighted to be part of the magic and the excitement of a steam train wending its way through the hills. Jerry was an attraction in the same way that legs out on the sills is an attraction to this day. Jerry was unfortunately killed around the Cockatoo area when he was temporarily blinded by steam from the train—but to this day Jerry’s memorial site is marked, and indeed Jerry’s constant presence and the delight that he brought to thousands is remembered and remembered fondly.

It is stories like this that paint a picture of history and of community. Cockatoo is the home of lost dogs, and Jerry has a lot to do with that. There is a pub in Emerald called the Railway Dog, named after Jerry. The identity of the hills is bound up inexorably in Puffing Billy and the thread that it has woven between Belgrave on one side of the ranges and Gembrook on the other. The Eastern Dandenong Ranges Association, of which Puffing Billy is a member, has long supported initiatives such as the Polar Express, which is a wintertime treat that so many people enjoy; and the Dog Express—and you may well be picking up on a theme here—which in fact enables people to take dogs on the railway line, something which is almost immediately sold out every single time it happens.

And we saw in February this year the return of legs out on the sills for children aged 3 to 13 and adults. This is the sort of experience that means that the presence and the love felt for Puffing Billy will continue to endure. It is about making sure that the 121 years of history are recognised and respected and that the stories that they contain are told over and over again.

This is where the Lakeside visitor centre, adjacent to Emerald Lake, is such an important touchstone for these stories to be told. For anyone who is yet to actually attend the Lakeside visitor centre to make a day out of it, with a trip from Belgrave to Gembrook and perhaps a stop-off and a picnic along the way, the Lakeside visitor centre offers the most extraordinary opportunity to see steam-powered locomotives up close and personal, to see re-creations and to see tours and information that tie Puffing Billy and its work and its achievements and the work of its volunteers back to the location in which they occurred.

CEO of Puffing Billy Peter Abbott is an extraordinary advocate for the work that Puffing Billy does and for the work that its volunteers continue to do. This is a passionate group of gunzels with a very historical passion for the specific detail of Puffing Billy over the years. These are important oral historians who are a key part of making sure that Puffing Billy continues to play a profound role in the landscape and indeed in the tourism and economic benefits that flow not just to the Dandenong Ranges but also beyond—to the Latrobe Valley and the western Gippsland areas and the tourist railway around Walhalla, Rawson and Erica—and then also as the gateway to the Yarra Valley, with all the vineyards, the ballooning, the restaurants and other experiences that can take place there and indeed do.

So this bill is in fact not just about giving effect to the Ombudsman’s recommendation. It is not just about recognising the context by which the apology was given by Minister Pakula in the other place in response to the Ombudsman’s report and in recognition of the trauma, distress and injury sustained by victims and survivors. It is about making sure that governance arrangements, as established, are done within the lens of risk management, are done within the lens of best practice and in fact are consistent with the way in which other boards operate. I want to commend people who have been part of the discussions on this bill to date, and I also want to confirm that the towns, communities and shires stand united in wanting Puffing Billy to be able to continue its work for decades to come.

Ms Burnett-Wake talked about earlier the sound of the steam making its way into the sky around the hills, and this was something that was missing for a really long time during the pandemic and during lockdowns. It was as though people were missing birdsong, where all of a sudden it was too quiet, where the boom gates on the only acceptable level crossings in Victoria failed to come down. This all changed once the pandemic recovery got underway. The sound of that steam escaping into the mountain air signified that the pandemic was not only something from which communities could recover but something which we could actually make sure was consigned to a chapter from which we could move on.

The hinges upon which communities operate range from the Emerald Village Bakery and Cafe right out through to Gembrook and that bakery—there are a lot of competing bakeries in the hills, all of which are excellent, I should say—right through to restaurants such as the Station House, just next to JAC Russell Park in Gembrook, which is ‘Jack Russell park’. That is my third reference to a dog and thus the trifecta for the purposes of Hansard bingo. But there are also iconic restaurants. This is an area which is becoming well renowned for gastronomic inventiveness and also for the most extraordinary hospitality. The Independent is another excellent locale; Mr Tarlamis is agreeing with me there. Indeed we are seeing visitors come from far and wide for these intergenerational, multifaceted experiences.

I have walked the trail that wends its way alongside the tracks from Cockatoo up to Emerald, and the views are nothing short of spectacular. But to see a steam train join you for part of that walk and to see kids, adults, sometimes dogs and Ms Burnett-Wake, for example, who is waving at me from across the way, in fact enjoying that experience and looking out upon the same vista that I have enjoyed is nothing short of extraordinary. It is something which we deserve to continue to be able to enjoy, which our children and our grandchildren deserve to be able to enjoy and which our forebears have indeed worked so hard to contribute to over the years. It is something which we want to make sure is given the respect and the resourcing and the storytelling opportunities that are there in abundance to be had, if indeed governments of all persuasions are prepared to invest in them. It is a story of resilience and of history. It is a story of the little trains that could. It is a story of having overcome adversity. It is a story of tragedy and of change.

I want to, with the moment of time that I have available to me, touch on recognising the heritage significance of this railway. As we move at a pace which increases with every passing year into a future that demands more and more of our technological innovation, it is always important to be able to take the time to step back and to change pace—to take change track, if you will, for the purpose of straining the metaphor. It is important that alongside other tourist attractions that encourage anachronism and an understanding of our place in the past, such as Sovereign Hill, we are in a position to be able to understand and indeed to dream a little about the world as it was in years gone by. Old Gippstown is another example of the way in which community, visitors and indeed educators, teachers and students from all over the region can enjoy an understanding firsthand of at least a shadow, an outline and a shape of the world from which we have come and the evolutions that continue to take place. It is not the same as hopping on your handheld device and taking a virtual trip, despite the efforts that were undertaken to enable us to enjoy slow train travel during the pandemic and the worst of the lockdowns. This is about the smell of diesel, this is about the sound, this is about the undulations and the suspension of carriages as they travel over closely bound tracks from one destination to another. This is about, as Mr Tarlamis alluded to in his contribution, making memories. There are photo albums all the way around the country and indeed around the world which show the joy that Puffing Billy has brought and which show the hope, the enjoyment and the potential and collective appreciation for this railway. 121 years is a long time. I look forward to not being here when Puffing Billy celebrates its next 121st anniversary. I wish it well. I thank everyone who has contributed to its maintenance, to its profile, to its evolution and to the grand old stories of history continuing to be told over the years.

I look forward to the matters in this bill resulting in a more careful understanding of the way in which risk is managed. I hope—and I hope that others will join me in this—that Puffing Billy will stand the test of time in the same way that our Parliament has and does and will. I look forward to stories such as those of Jerry, the indeterminate little stray who ran so happily alongside the tracks, being told for generations to come. This is a bill which I commend to the house. Puffing Billy is an icon which I commend to anyone who is interested in visiting it. I thank everybody who has been involved in the discussion around the development of this bill and indeed every single person who contributes to the hospitality, the generosity and the passion that are such a part of living in the Eastern Dandenong Ranges and such a part of the identity within Eastern Victoria Region, which I am proud to represent in this place. On that basis I commend the bill to the house.

Ms PATTEN (Northern Metropolitan) (15:15): I rise to speak to this bill. The fond memories and the fun stories that Ms Shing told about Puffing Billy are so true, and it is this wonderful, iconic part of Victoria and part of our history, part of many of our childhoods and part of happy childhoods for many to come. However, that is not why we are doing this bill. The reason we are doing this bill is the nightmares that occurred as part of Puffing Billy.

From the outset I would like to thank the Ombudsman, Deborah Glass, for her telling review into the governance structures that allowed the harm to happen, that did not stop the harm from happening, that did not have the structure to prevent this. I would like to think that it was not wilful blindness, I would like to think it was not indifference and I would like to think it was not ineptitude. But here we have a circumstance where a lifelong sex offender, a volunteer at Puffing Billy, was allowed to continue to work there for nearly 30 years. He was first convicted in 1959 and was given his job back after he was released from jail. That would be unheard of today. I am so pleased that that would be unheard of today, and I am so pleased with the work that has been done around institutional child sexual abuse. Ms Crozier chaired one of those very fundamental reports into changing that, and we have seen royal commissions into this.

This bill goes towards amending some of those errors that occurred so many years ago. But it was that poor legislative framework under the existing act, the Emerald Tourist Railway Act 1977, and the inappropriate board and management composition which enabled that executive committee of the Puffing Billy Preservation Society to control the Emerald Tourist Railway Board. The conclusion was that it was the lack of processes and the lack of governance that facilitated—the Ombudsman used the word ‘facilitated’—the offending.

That is after the fact now. I do not think this is closing the gate after the horse has bolted; this is ensuring that nothing like this ever happens again. We have done so much, as I say, not only in our inquiries but also in our legislation here to ensure that structures are in place to make sure that this is never repeated. Even more recently we have addressed things like the confessional seal in this place, where we have just said, ‘There is no excuse. There is no governance. There is no excuse for not reporting child sexual abuse and not stopping it’. In many ways this bill goes towards that. I am very pleased that it also does a number of other things but that it ensures, I hope, the longevity of this most iconic attraction that hopefully will bring much joy to generations to come.

But we are still having to address and we are still having to face up to the past. We are still having to face up to the things that we let happen. I remember releasing a report called Hypocrites back in 1994. I received death threats for doing that. I received a threat: ‘How dare you? How dare you name people who have been convicted of abuse? How very dare you do that?’. That has changed in the last 30 years, and I am so pleased that it has changed. This bill ensures that we make certain that it can never happen again.

I do want to speak about the Puffing Billy Preservation Society. It was established in 1955, with the objective of preserving the railway and its historical assets for future generations, and it has done just that. It is a wonderful society. It saved the Puffing Billy initially. It owns rolling stock. The society operates today with over 1000 current members. Several hundred of those members volunteer on the railway, and their contributions continue to be critical to the sustained operation. This bill also enables some of that to happen, but I think it possibly could be improved to really recognise the tireless work of the Puffing Billy Preservation Society. I mean, they do the maintenance on the tracks, they preserve the locomotives, they drive the locomotives. It is volunteer led, and this is truly wonderful. I just think it is so important to commend the very fine work of that society.

I know many of you would have received emails from many of the volunteers from the Puffing Billy Preservation Society who are really feeling like they are being brought into disrepute by this bill, and they are not. They are wonderful volunteers. They are people who do amazing things for our community, who continue this beautiful tradition of the Puffing Billy. The current members only acted appropriately, they have never done anything wrong and they are respected, and it is important that their voices are heard. As I said, I know many of you would have received emails from them, and I thank them all for their advocacy here, because they are volunteers; they do not necessarily have time to look at legislation and be kept up on the goings-on of the Victorian lower house or even the upper house.

I would like to particularly do a shout-out to Jeremy Paton—no relation—who is the vice-president of the Puffing Billy Preservation Society. He has been tireless in his work to keep that beautiful tradition and the beautiful stories—that we heard from Ms Shing and we heard from Ms Burnett-Wake—about the importance of this wonderful, iconic attraction here.

The Ombudsman recommended a review of the current structure and composition of the Emerald Tourist Railway Board and the governance issues associated with its relationship with the society, and that has informed many of the provisions of this bill. The Emerald Tourist Railway Act 1977 obviously is not a suitable framework, and a replacement act with these modernised provisions to effectively support contemporary operations safely is necessary, and it certainly has my support. But as Ms McLeish highlighted at length in the other place, there may be a way to achieve this that better serves the current members of the preservation society, who have not done anything wrong and have given so much to Puffing Billy. I look forward to the committee of the whole on this bill. I look forward to exploring further some of the amendments that the opposition will be putting up on this bill. But this is a modernisation of legislation. This is necessary. It does recognise the wrongs of the past. But I want to ensure that it also respects the volunteers that currently work so hard for Puffing Billy, and I want to ensure that that respect is incorporated into this legislation and that in no way do those terrific volunteers feel deprived of that through this legislation.

Dr KIEU (South Eastern Metropolitan) (15:25): I rise to speak to and to support this bill, the Puffing Billy Railway Bill 2022. At the outset I also want to echo several of the speakers before me and to acknowledge the tragic incidents and history associated with Puffing Billy, namely the sex offender Robert Whitehead’s involvement with Puffing Billy and other railway bodies. As a result, the Ombudsman undertook an investigation and released a report in June 2018. The Ombudsman also had a suite of recommendations and the government accepted that in full, including to review the current structure and the composition of the Emerald Tourist Railway Board, as it is called. The Emerald Tourist Railway Board’s existing operation together with the act do contain outdated and redundant provisions, so that is why this bill will update the act and also the board into a more contemporary and modernised tourist organisation, and also create a better tourism environment.

Some of my colleagues have spoken about the history of Puffing Billy. I just want to add a few things. First of all, the Puffing Billy Railway was actually constructed starting in 1899 and opened in 1900 as a working railway to support the local farming and timber industries, and in 1954 it was closed down. In 1955 the Puffing Billy Preservation Society was formed and it then was reopened around 1962, on and off, and now has become not only the iconic attraction for tourists from overseas, locals and daytrippers, but also a driving force for the local economy and a centre for education.

Steam engines were founded around the 18th century and were the driving force for the industrial revolution, and without them we would not be where we are today. The power generated by steam engines has enabled us to explore more, to transport more, to explore the world, not just for railways and train engines but also for ships and even for cars. Some of the first cars actually ran on steam engines. In 1975 when the Vietnam War ended, due to a lack of fuel some of the cars in Vietnam were actually converted to run on steam engines, believe it or not, for a while—two or three years.

The steam engine has been a driving force, and people usually associate it with a person named James Watt, a Scottish man from Glasgow, as the inventor of the steam engine and the steam locomotive. But I have to point out that that is a myth. Actually, the first man who invented the steam locomotive was a man called Thomas Newcomen in 1730 or ’31. Maybe the name Thomas was borrowed for Thomas the Tank Engine. I do not know, maybe the author used that. James Watt actually was much later—15 or 20 years later. He improved and modernised the steam engine to make it more efficient and more powerful, and it then became the engine of the era.

I have to digress a little bit—please indulge me. The steam engine—James Watt did not discover it just by boiling water in a kettle and the kettle exploding, as the myth goes. Actually he did do that but much later, when the engine had already been invented. He used that to study and to experiment and to verify the laws of a branch of physics called thermodynamics. Thermodynamics is very important when you talk about the heat engine and the heat exchanger. It is still being used nowadays for our local appliances—for heat exchangers, for warming up, for refrigeration and so on. Thermodynamics is very interesting. Everyone here may have heard of the second law. You would say that technically any closed system will have entropy increase with time; it never decreases. In a looser interpretation, everything has to disintegrate; everyone will never get younger. Maybe one day we can prove it wrong, but that is essentially the very foundation or subject of physics.

The steam engine now is more of a novelty, but it is a very important place for education, for enjoyment and for tourism. I have never come across anyone who is not mesmerised by the elegance, by the romance and by the appeal of a steam engine, particularly a locomotive pulling carriages behind it and periodically puffing smoke—steam—into the air. The sight of it mingles with the sound of the whistle and also the rhythmic sound: choo choo, choo choo, choo choo, choo choo.

Mr Ondarchie: I want to see Hansard record that.

Dr KIEU: I do not know how they will record that, but let them try. It is the sound of the metal wheels on the track. The Puffing Billy track is actually a small-gauge track. That reminds me of my own experience. When I first came to this country, some time ago, I took a train from Brisbane to Canberra and beyond. We had to change trains at midnight. Why? Because the gauges are different, we had to change the train. I do not know whether it is still the same or not, but hopefully we have fixed that problem.

It has been a very attractive place for tourism. Also, as has been mentioned, up to 500 000 visitors a year visited this place before the pandemic. We are looking forward to bringing back that number, and even more.

At the Lakeside visitor centre there are not just the steam engines; there is also a mini museum on locomotives—different designs and different structures and constructions. Also there is some of the best local produce offered there—wine and food from that area and from around the state of Victoria. It is also a place for students and for pupils. For parents and teachers taking their children and their students to visit, it is to not only educate the students, not only the children, but also educate themselves and marvel at the amazing creations of the past.

This bill, the Puffing Billy Railway Bill 2022, is a result of the Ombudsman’s recommendations. The bill will repeal and replace the Emerald Tourist Railway Act 1977. The bill provides a modern framework to futureproof the operations and the governance of this attraction so it can operate more effectively and continue to draw visitors to that part of our state, the Dandenong Ranges, for years to come and for generations to come.

It modernises provisions relating to good governance practices and the operation of the railway, including requiring a new board. The new board now will be called the Puffing Billy Railway Board instead of the Emerald Tourist Railway Board. The bill will require the newly named board to develop strategic plans, and it will empower the Minister for Tourism, Sport and Major Events to make written directions and request information when and where necessary. The bill also provides a new legislative framework for the Puffing Billy Railway that supports its future growth and its sustainability into the future as a state-significant tourism attraction.

The bill also stipulates a range of functions of the board that are relevant to the contemporary operation of the railway. Let me name some of them. They include to operate, maintain and manage the infrastructure and assets of the railway in a safe, effective and efficient manner and to manage volunteer engagement with the railway. This is very important. Volunteers are the backbone of all community organisations. Without them we would not have the manpower or the woman power—the human resources—to run and to operate many, many functions of community organisations. In fact at present the Puffing Billy Railway is supported by 300 volunteers, a sizeable number of volunteers, including many from the Puffing Billy Preservation Society, which was formed in 1955. Those volunteers not only operate the train but maintain the track, preserve the carriages and the locomotives and help with education and the exhibition of the locomotives as well.

The bill also requires the development of suitable marketing and communication strategies for activities relating to the railway. Also, importantly, the bill has a provision to report to the minister as required under the act.

The Victorian government has been a very strong supporter of Puffing Billy Railway. In the budget for 2021–22, $11.2 million was provided to protect local jobs and support its operation as it recovers and draws tourists and daytrippers, and the Lakeside visitor centre, as I mentioned briefly, has recently opened its state-of-the-art centre after a $24.8 million refurbishment, of which $12.7 million actually was a commitment from the Andrews Labor government.

The return of the iconic experience will deliver significant benefits to local businesses as visitors get back, and we hope that we get back more than 500 000 in time to come, enjoying the things they love with families and friends and the memories and all the experiences they can share together. Puffing Billy is a major driver of the local economy, and families from all over the world can enjoy the magic of a steam train and a ride through some of the most beautiful scenery in our state. This bill will ensure this iconic experience can continue well into the future. With that I commend the bill to the house.

Ms TAYLOR (Southern Metropolitan) (15:39): It has actually been really moving to hear all the various reflections on Puffing Billy and how much it means to so many of us. Particularly the history lesson there by Dr Kieu was fabulous, because I was not aware of all the things that he was reflecting on, so that was really wonderful. It is also a great credit to all those who have contributed to the success of Puffing Billy and its sustainability for so long that it has instilled such fond memories in so many of us in the chamber.

I too have wonderful memories of going to Puffing Billy. I can still remember the smell, and obviously the vision of the beautiful greenery around there is just delightful. It was just so exciting as a child, but I think the most profound thing for me about Puffing Billy is the way that it drew various family members together—so when I think of Puffing Billy I think of family outings. That is why I have such deep sentiment for it, because it was always with—well, at least at a minimum—our nuclear family, including my brother and so forth, but quite often extended family and even overseas relatives. That is why when I think of it I feel quite moved in a really positive way, because it just shows the importance of having these—and how many other Puffing Billies are there? Well, there are not, so it is unique and special of itself. But it does show why it is so important and certainly a priority to invest in and support these, can I say, human experiences as such.

I am using a broad term because I am trying to allow for the various, wonderful tourist attractions—but it is more than that, and I think Dr Kieu spoke to that when he spoke about the history of what it had contributed in other ways as well. Certainly it shows why it is so important that we have these amazing experiences as part of building that wonder and joy and also that respect for our own state and also for nature as well, because it is a wonderful way to see some of the most extraordinary natural aspects of Victoria.

I know there has been a lot of varied discussion on this bill today. I am really glad about it, because I have actually really enjoyed hearing everyone reflecting on something that is just really, overall, so positive but for the fact that obviously there are some very serious elements which have to be addressed as part of the legislation. That is fair, and that is why we are here principally to debate the bill. But I think it is also the reason why so much effort is being put into creating a sustainable and manageable aspect for Puffing Billy into the future—because it is so meaningful to Victorians and to so many visitors to Victoria as well. Really it is about providing a modern framework to futureproof the operations and governance of the attraction so that it can operate more effectively and continue to draw visitors to the Dandenong Ranges for years to come—and in fact talking about it today is making me think that I should organise another trip up there with relatives and friends. I think I am going to do that, because it has been ages since I have been there. And amongst all the positives that could come out of the chamber today with our debate, if it also inspires more people to visit and to enjoy this beautiful experience, all the better.

I know that there are a range of objectives that the bill is providing for with regard to the Puffing Billy Railway Board: to ensure economic sustainability and viability of the railway, which goes without saying; to maintain the heritage significance of the railway—and in fact even listening to Dr Kieu it reminds you why that also is so important to so many of us as well and certainly gives context and I think also can teach younger generations about why you do not always have to create the new, and that in fact if we are able to sustain some of the most beautiful experiences that we have in Victoria, then that is a really good thing; obviously to promote the tourism offering of and to enhance the visitor experience provided for by the railway and the surrounding region, and I think that goes without saying, and I certainly have reflected on overseas cousins coming and us all travelling and being part of the Puffing Billy experience; to promote the preservation of narrow-gauge rail heritage; to develop and maintain partnerships with community organisations and businesses; to develop and maintain harmonious relationships between the board and community; and to provide a safe, inclusive and diverse working environment for employees and volunteers.

I should also pay respect to those for whom this discussion today might be quite triggering, who may be watching the debate online. I know that there are some fundamental changes here which specifically, with regard to the bill, respond 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. I know that that has been discussed in some detail, as it should, out of respect for some pretty horrific experiences that have transpired and that should never have occurred. So I just want to pay respect to those who may be triggered by this debate, understanding that fundamentally this is about creating a much more positive future in that regard and hopefully providing some healing with regard to circumstances that should never have transpired.

We note that 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’. I think one of the most fundamental elements really is about supporting the growth and sustainability of the Puffing Billy Railway Board and Puffing Billy itself while at the same time recognising the heritage significance of the railway, the significance of its volunteers and its importance to local communities. Like so many of these terrific life experiences that are generated in various ways, such as with Puffing Billy, it is not only the railway itself, it is all the flow-on effects, because when you draw people to an area for a particular activity then they may be led to seek other activities, other stores and other things that are in the area. They even stop to purchase petrol or other items. All of those add-ons inevitably help to support that community as well. I know I am stating the obvious, but this is what tourism and even being a tourist in your own state are all about—and something I actually enjoy very much myself.

I would like to strongly emphasise that Puffing Billy volunteers make a vital contribution to the operation of the railway through driving locomotives, preserving trains and track maintenance, so certainly their contribution should be honoured and respected. I do want to emphasise that point. The bill includes an objective of the board to recognise the importance of volunteers and their invaluable contribution to the running and preservation of the historic railway. And I note that the Puffing Billy railway is supported by 300 volunteers, including many from the Puffing Billy Preservation Society. That is amazing. So many people are prepared to offer their personal time in so many ways. That is really a credit to them and reflects very well on their contributions and the sacrifices that they make when they give up their time for the benefit of fellow Victorians and for the benefit of tourists as well.

I note that $11.2 million was provided in the 2021–22 budget to protect local jobs and support Puffing Billy’s operations as it recovers and draws tourists and daytrippers. That really extends further upon the point I am making about why it is of so much value to Victorians, but obviously there are overseas visitors who indeed see the value because they are able to see various aspects of history but also something that is probably quite a unique experience. I know that obviously there are and have been steam trains around the world, but in Victoria it has its own energy. It has its own specific, particular experience and elements, and that is why we very much treasure this experience, I should say, for fellow Victorians and tourists into the future.

I know that 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. And that is the thing, isn’t it? I have reflected on family, but also for school visits that is something very special. Those kinds of experiences stay with you and also help you to adapt and change, to recognise how wonderful our great state is but also to know that we really have wonderful communities who work so hard and contribute so much to make sure that we are very much proud of the state that we live in and also that there are so many wonderful things to do, whether it be in the CBD or in the Dandenong Ranges.

Puffing Billy is a major driver of the local economy, and families from all over the world can enjoy the magic of the steam ride through some of the most beautiful scenery in Australia. I am emphasising that point because sometimes it is not until you actually see that scenery live that it really hits home just how stunning it is. The Puffing Billy Railway Bill 2022 will ensure the iconic experience can continue well into the future, and that is obviously incredibly important.

The other thing that I do want to emphasise as well is that two-thirds of Puffing Billy railway suppliers are Victorian companies. So there you go; it is actually in that way supporting fellow Victorians. This is what I was saying before; that it is not only the experience proper and being on site; it is the flow-on effects that have such a significant benefit and make it so important for communities in surrounding areas. And it may not necessarily be surrounding areas, because suppliers can be anywhere in Victoria, so therefore it extends to other communities within Victoria and enables profitability into the future for them as well.

I note that Puffing Billy Railway is one of Victoria’s most popular and iconic tourist attractions. It might sound like I am stating the obvious, but it is not until you start to reflect on that and think about childhood experiences—it may not only be childhood; I mean, some people might visit there later in life of course—that you realise just how special it is. As I was saying before, just talking about it makes me think, ‘I really must visit Puffing Billy once again; I must make sure that I make that happen’, because sometimes we get so busy that we forget the wonders that we have in our own backyard. I am hoping that even today’s discussion is a good reminder of all that we have afoot in our wonderful state of Victoria. It is quite incredible when you think that the Dandenong Ranges has been home to Puffing Billy Railway for 121 years. I mean, that is unbelievable when you think about it. I mean, it is believable, but it is like—wow. That is really extraordinary, so it is no wonder that it is creating lifelong memories and why I have had a very significant moment of nostalgia talking here in the chamber. I am quite enjoying it. I will not elongate it further, but I have to say it is not too often that you get the opportunity to reflect on such great childhood experiences.

Having said that, whilst there might be some nuanced differences, I note that it is good to see that the government side and also the opposition have worked together to ensure that the house amendments will be acceptable, and they can be discussed in due course. There really is no dissension that I have detected on the wonder and the joy of Puffing Billy proper and the experience and what it brings to fellow Victorians and tourists alike, and may it continue to prosper into the future.

Mr ERDOGAN (Southern Metropolitan) (15:54): I rise to also support the Puffing Billy Railway Bill 2022. I wish to begin by acknowledging the victim-survivors and acknowledge their courage and bravery as well. It is obviously through those brave people coming forward that we are at this point today.

The purpose of the bill is important to reflect upon, as the governance structures of the Emerald Tourist Railway Board have come under quite considerable scrutiny. It was these governance structures under the Emerald Tourist Railway Act 1977 that came to the attention of the Victorian Ombudsman, as outlined in the June 2018 report Investigation into Child Sex Offender Robert Whitehead’s Involvement with Puffing Billy and Other Railway Bodies. The Ombudsman found significant governance failings by the Emerald Tourist Railway Board, poor legislative framework under the current act with respect to conflicts of interest and inappropriate board and management composition at the board level, which enabled the Puffing Billy Preservation Society to control the board. The Ombudsman concluded that there needed to be change, and the Victorian government commissioned in response to that PricewaterhouseCoopers, PwC, to undertake a review into the governance arrangements and make recommendations.

Prior to the Victorian Ombudsman’s investigations, the former Department of Economic Development, Jobs, Transport and Resources undertook a review of the current act in 2016, which recommended that the Emerald Tourist Railway Act be replaced and a new act be established in its place. The review found the framework under the current act did not provide sufficient support for the growth and development of the Puffing Billy Railway in a contemporaneous way which invited tourism and protected the environment. In response to these reviews the Victorian government has prepared this bill to replace the current act with the Puffing Billy Railway Act 2022 as a new principal act. The bill addresses findings and recommendations from these reviews, including to improve corporate governance and reporting mechanisms and to better position the railway for growth as a state-significant tourist attraction.

Ms Taylor reflected on her childhood experience with Puffing Billy. I can say I was fortunate enough to enjoy Puffing Billy as well on a school trip in my primary school days. It is a fantastic tourist destination. I think there is a great program of school student engagement, but it is also a destination for young families and older retirees. It is a great excursion and tourist destination for people coming from interstate and overseas. As overseas travel resumes during this global pandemic I expect that the numbers will increase at Puffing Billy as well.

The bill introduces disclosure and reporting obligations that align with modern standards and improve ministerial oversight of the Puffing Billy Railway’s board. The corporate governance obligations of the bill are more extensive than the current act. Key provisions include that the minister will be empowered to request that the board provide information relating to the operation and management of the railway and the performance of its functions or the exercise of its powers under the act. The board will be required to report to the minister the range of incidents and risks, rather than just accidents, which is the position in the current act.

The broader reporting requirements recognise the importance of safety at the railway and the increased likelihood of incidents and risk due to a significant growth in visitation in the years before COVID-19. The board will be required to prepare a rolling four-year strategic plan annually and develop a railway corridor plan every 10 years. The rail corridor plan will set out how the rail infrastructure facilities and rolling stock form part of the railway and are to be maintained for the next 10 years.

The board will be subject to the general direction and control of the minister, and the minister will be permitted to give written directions to the board in relation to the performance of its functions and exercise of its powers under the act, and an updated conflict-of-interest provision including the requirement for a director to disclose to the board if they currently hold or held within the previous 12 months membership of the society. All appointments of directors will be made by the Governor in Council on the recommendation of the minister. The position replaces the power in the current act for the society to nominate up to four members to the board.

It has taken some time to come to this position. Nonetheless it is an important body of work. We know that significant reforms take time and need the appropriate consultation and the appropriate drafting of legislation so that errors are not made. I think the time taken is reflective of the importance of the bill before us. It affects many people and it needs to be futureproof as well. The way it has been set up is a modern framework, and that is why I am proud to support the bill before the house.

It is also pleasing to hear from the opposition that there is bipartisan support for this bill before the house. Obviously in the cut and thrust of politics that is not always possible, but in a matter such as this, with such importance, it is great to see both parties coming to a considered position.

The impact on volunteers has been discussed by previous speakers. I noticed that Ms Patten touched upon it, but so did many others before. I think it is important—the volunteers do great work in this space. They provide a vital contribution to the operation of Puffing Billy. They make a significant contribution to the experience of all users. In late 2021 it was found that there were approximately 300 volunteers at Puffing Billy. Volunteers may be members of the Puffing Billy Preservation Society; however, this is not a requirement. How many volunteers may be members of the Puffing Billy Preservation Society we do not have records of exactly, but we know that there are approximately 300 volunteers involved in Puffing Billy. In performing its functions the board will 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. The express recognition of volunteers in the bill will have a positive impact on volunteer engagement at the railway.

Consultation is a big part of what this government does, and we are proud of our record of reaching broadly and trying to speak with all different sectors of society and affected parties. There was consultation with the Puffing Billy Preservation Society on multiple occasions.

Sitting suspended 4.01 pm until 4.22 pm.

Mr ERDOGAN: I was touching upon the important consultative work that our government has done in regard to the bill before the house, and it was quite broad. We spoke to the preservation society at length and on numerous occasions. We spoke with various government agencies that have all added to the drafting of this bill in many regards. There was consultation with volunteers, residents adjoining the railway and government bodies. The Department of Jobs, Precincts and Regions consulted with 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 Victoria Police.

Before I conclude I will also remark upon the amazing work that has been done in the preparation of the skills matrix. In the last 12 months—Mr Leane would be aware—I completed the Australian Institute of Company Directors course, and the importance of good governance was highlighted during seminars. Preparing a skills matrix which fits the purpose of the organisation is key. The department’s work in identifying the current skills matrix, knowledge and expertise of the board was clearly quite extensive here, and the skills that the directors of the board will be required to have include experience in heritage preservation, operation and safety of railways, tourism, economic development, marketing and communications, financial management, law, public governance and any other area the minister believes is required. That is an important matrix there that covers the best practice in governance.

I have many more aspects to add, but I do note that there have been very important contributions to this bill. It is fantastic to see bipartisan support for this work that is much needed. On that note I will conclude my remarks. I commend the bill to the house.

Ms WATT (Northern Metropolitan) (16:24): I move:

That the debate on this bill be adjourned until later this day.

Motion agreed to and debate adjourned until later this day.