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Legislative Council 8033 LEGISLATIVE COUNCIL Tuesday 14 February 2012 __________ The President (The Hon. Donald Thomas Harwin) took the chair at 2.30 p.m. The President read the Prayers. The PRESIDENT: I acknowledge the Gadigal clan of the Eora nation and its elders and thank them for their custodianship of this land. ASSENT TO BILLS Assent to the following bills reported: Director of Public Prosecutions Amendment (Disclosures) Bill 2011 Water Industry Competition Amendment Bill 2011 Work Health and Safety Legislation Amendment Bill 2011 Industrial Relations Amendment (Non-operative Awards) Bill 2011 Valuation of Land Amendment Bill 2011 Children (Education and Care Services) Supplementary Provisions Bill 2011 Heritage Amendment Bill 2011 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Police Amendment (Death and Disability) Bill 2011 ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from the Hon. Thomas Frederick Bathurst, Administrator of the State of New South Wales: Office of the Governor Sydney 2000 T. Bathurst ADMINISTRATOR The Honourable Thomas Frederick Bathurst, Administrator of the State of New South Wales, has the honour to inform the Legislative Council that he assumed the administration of the Government of the State at 11.35 a.m. on Sunday 18 December 2011. 18 December 2011 ADMINISTRATION OF THE GOVERNMENT OF THE STATE The PRESIDENT: I report the receipt of the following message from Her Excellency the Governor: Office of the Governor Sydney 2000 Marie Bashir GOVERNOR Professor Marie Bashir, Governor of New South Wales, has the honour to inform the Legislative Council that she re-assumed the administration of the Government of the State at 9.15 p.m. on 21 December 2011. 21 December 2011 CLERK ASSISTANT OF THE LEGISLATIVE COUNCIL The PRESIDENT: I inform the House that, following recruitment action, I have approved the appointment of Mr Stephen Frappell as Clerk Assistant. The Deputy Clerk is currently leading a review of senior management roles and responsibilities within the Department of the Legislative Council. I will advise members of the outcomes of this review, including the allocation of responsibilities to senior team members as soon as possible. MR JOHN STANGER, SUBEDITOR, PARLIAMENTARY REPORTING STAFF The PRESIDENT: It is with regret that I have to inform the House of the death, on 16 January 2012, of John Stanger, a subeditor on the Hansard staff. John joined the staff of the Parliament on 3 September 1990, when he was employed as a reporter with the Parliamentary Reporting Staff. He was promoted to the position of 8034 LEGISLATIVE COUNCIL 14 February 2012 subeditor on 15 April 1996, a position he held until his death. Before coming to work with Hansard, John had extensive reporting experience in the State and Federal courts and spent a period reporting the Crown Courts in London and at the House of Commons. John was a highly valued member of the Hansard team for 21 years and he will be sorely missed by his colleagues. On behalf of the House, I extend to John's family the deep sympathy of the Legislative Council in the loss sustained. I ask members and officers to stand as a mark of respect. Members and officers of the House stood in their places as a mark of respect. OMBUDSMAN Report The President tabled, pursuant to the Law Enforcement (Controlled Operations) Act 1997 and the Ombudsman Act 1974, the report of the Ombudsman entitled "Law Enforcement (Controlled Operations) Act 1997 Annual Report 2010-2011", dated November 2011, received out of session and authorised to be made public on 1 December 2011. Ordered to be printed on motion by the Hon. Michael Gallacher. FOREST AGREEMENTS AND INTEGRATED FORESTRY OPERATIONS APPROVALS Amendments The President announced, pursuant to the Forestry and National Park Estate Act 1998, the receipt of the following amendments to the integrated forestry operations approvals: 1. The Integrated Forestry Operations Approval for Brigalow-Nandewar region, dated 23 September 2010. 2. Amendment 5 to the Integrated Forestry Operations Approval for the Upper North East region, dated 19 April 2010, including a statement of reasons for lateness. 3. Amendment 6 to the Integrated Forestry Operations Approval for the Upper North East region and Amendment 4 to the Integrated Forestry Operations Approval for the Lower North East region, dated 7 November 2011 including a statement of reasons for lateness. 4. Amendment 2 to the Integrated Forestry Operations Approval for the Southern region, dated 7 November 2011, including a statement of reasons for lateness. The President announced further that it had been authorised that the documents be made public on 25 November 2011. INDEPENDENT COMMISSION AGAINST CORRUPTION Reports The President tabled, pursuant to the Independent Commission Against Corruption Act 1988, the following reports: 1. Investigation into the unauthorised purchase of property at Currawong by the chief executive of the Land and Property Management Authority, dated December 2011, received out of session and authorised to be made public on 12 December 2011. 2. Investigation into the undisclosed conflict of interest of a senior executive of the Sydney Harbour Foreshore Authority, dated December 2011, received out of session and authorised to be made public on 16 December 2011. 3. Investigation into alleged fraud on the former NSW Department of Education and Training, dated January 2012, received out of session and authorised to be made public on 18 January 2012. Ordered to be printed on motion by the Hon. Michael Gallacher. ABORIGINAL CULTURAL HERITAGE ADVISORY COMMITTEE Production of Documents: Order Motion by Mr DAVID SHOEBRIDGE agreed to: That, under Standing Order 52, there be laid upon the table of the House within 14 days of the date of passing of this resolution the following documents created since 1 September 2010 in the possession, custody or control of the Minister for Environment and Heritage or the Department of Premier and Cabinet: 14 February 2012 LEGISLATIVE COUNCIL 8035 (a) copies of all minutes of the Aboriginal Cultural Heritage Advisory Committee [ACHAC], (b) copies of all correspondence including letters, emails and meeting minutes, between members of the Aboriginal Cultural Heritage Advisory Committee and the department (including the former Department of Environment, Climate Change and Water), and between members of the Aboriginal Cultural Heritage Advisory Committee and the Minister's office, which refer to the Aboriginal heritage reform process, negotiations or issues connected or related to the Aboriginal heritage reform process, and/or the role of representative Aboriginal groups, (c) copies of all correspondence, including emails and texts sent by Executive level staff of the department (including the former Department of Environment, Climate Change and Water), including the Executive Director, Country Culture and Heritage Division, ministerial staff or the Minister, to the New South Wales Aboriginal Land Council [NSWALC] and the Native Title Service Corporation [NTSCORP] staff or board members regarding the Aboriginal heritage reform process, the working group, and/or any negotiations relating and linked to the Aboriginal heritage reform process, (d) copies of any advice, meeting minutes or correspondence between the Minister's office and the Office of Environment and Heritage regarding the role of representative Aboriginal groups in New South Wales, particular briefs, advice or information provided to the Minister by the Office of Environment and Heritage regarding the NSW Aboriginal Land Council and the Native Title Service Corporation, including the position of these groups on the Aboriginal Cultural Heritage Advisory Committee and on the Aboriginal Heritage Working Group, and (e) any document which records or refers to the production of documents as a result of this order of the House. TRIBUTE TO MS SUSAN FALK Motion by the Hon. MARIE FICARRA agreed to: That this House: 1. notes that on 20 November 2011 Ms Susan Falk, soprano and vocal pedagogue, passed away after a short illness. 2. notes that: (a) Ms Susan Falk was born in Sydney in 1945 and was a graduate of the Australian National University in modern languages, (b) a scholarship from the French Government enabled Ms Falk to complete her studies in Paris, where she was awarded the Licence de Concert by the Ecole Normale de Musique in 1973, (c) Ms Falk also graduated from the University of New South Wales with a Bachelor of Laws in 1996, (d) Ms Falk's wide study and knowledge of interpretation techniques made her well-known as a performer of baroque music throughout Europe, (e) Ms Falk's linguistic as well as musicological interests also led her to a specialised study of French music from the Airs de Court of the XV and XVI centuries to the contemporary period, (f) Ms Falk produced editions and prepared the scores for over 10 early French operas and cantatas for their first modern performances and was awarded the Prix Mozart de Paris (Concours International de Paris) in 1972, the Weimar Bachpreis in 1974 and the Prix du President de la Republique, Prix des Arts et Lettres in 1976, (g) Ms Falk's artistic and pedagogical capacities in the fields of early and contemporary French music were recognised by Radio France for whom she gave a series of five three-hour master classes on the vocal music of Lully, (h) between 1970 and 1980, Ms Falk gave many recitals and appeared in opera houses throughout Europe, frequently under the direction
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