Wednesday, 3 December 2025

 David ETTERSHANK (Western Metropolitan) (12:38): (1171) Speaking as a big fan of pot plants, my question is to the Minister for Water. The recent Ombudsman’s report When the Water Rises investigated the planning decisions and flood modelling leading to the flooding of the Rivervue Retirement Village and the Kensington Banks estate and highlighted serious gaps in the existing planning systems. Rivervue was built on plans based on Melbourne Water’s, in the Ombudsman’s quote, ‘rushed and flawed flood modelling’ and the removal of key planning controls, which led to its subsequent flooding and destruction. Similarly, Kensington Banks has 850 houses at risk of flooding due to the development being based on outdated and incorrect flood modelling. Echoing the recommendations of the inquiry into the 2022 floods, the report recommends the creation of a one-stop statewide flood information portal and regular reviews and updates of flood models. When will the government implement these recommendations?

 Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Water) (12:39): I thank Mr Ettershank, not just for his question, but for his genuine interest in this whole area for some time, so thank you for that. We thank the Ombudsman and her office for the work that they have done, and we are absolutely alive to the issues that have had an impact on residents in Rivervue but also of course at Kensington Banks. As I said when we last sat, we will carefully consider the Ombudsman’s recommendation and will respond in due course. I also have written to Melbourne Water to outline my expectation that they prioritise engagement with Rivervue residents and owners as part of the Maribyrnong catchment flood mitigation study.

I am always open to engaging with members of the community, and I have in recent times received some correspondence, which I am in the process of responding to. As I also have indicated, I want Melbourne Water to prioritise engagement with Rivervue residents and owners. This is absolutely essential. I know that there has been ongoing engagement with the residents to discuss mitigation options, and I think that has been well received. I think that there has been a step-up more generally in terms of the engagement and the communication between residents and Melbourne Water and indeed others that have been involved in the mitigation study. I am heartened to see that there has been a quantum leap in terms of that engagement.

The Rivervue flood modelling was undertaken many years ago; it was in 2003. Since then Melbourne Water’s approach and personnel responsible for flood risk and housing statement delivery have been absolutely overhauled. We have the right processes and new people in place at Melbourne Water to ensure that the community is given updated flood risk information, and this is about helping communities plan, manage risk and build homes that are safe from flooding. I am wanting not just to encourage and have that expectation that there is thorough and consistent engagement with Rivervue residents in particular but for the conversations to be real and that they be concrete – (Time expired)

 David ETTERSHANK (Western Metropolitan) (12:43): Thank you, Minister, for that answer. That does strike to it. I would like to just drill a little bit deeper into that question of the Rivervue Retirement Village, because when that village was inundated, 45 of the 47 affected villas were so badly damaged that they were uninhabitable. The affected residents were then confronted by the fact that the village operator had failed to adequately insure the properties, and as a result they now find themselves with villas which remain totally vulnerable to the next flood and are virtually unsellable. The Ombudsman in the Environment and Planning Committee inquiry into the 2022 floods recognised that this atrocious situation was due to the flawed flood modelling that you referred to and grievous errors in the planning process. The Ombudsman has recommended to the government that residents receive compensation from the state, and apparently that is under consideration. I ask: when will the government step up and actually support financially these elderly residents whose lives have been destroyed by failed regulatory processes?

 Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Water) (12:44): Again, I thank Mr Ettershank for his question, and in particular this supplementary question, which goes to the heart of concerns that he and others have raised for some time. What I can say is what I have previously said, which is that we as a government will carefully consider the Ombudsman’s recommendation and we will respond in due course. There is a fair bit of material that needs to be considered. It will take some time, but we also want to do this properly. We will respond in due course.