8033

LEGISLATIVE COUNCIL

Tuesday 14 February 2012

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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 of William Christie, Jean-Claude Malgloire, Daniel Barenboim, Loren Maazel and Trevor Pinnock, and her operatic roles number over 30,

(i) on her return to Australia in 1980, Ms Falk settled in Sydney and quickly established a private teaching studio, as well as teaching as a part-time lecturer at the University of Sydney and the University of New South Wales,

(j) Ms Falk appeared for the ABC, Musica Viva, Sydney Philharmonic Society, the Sydney Festival, Sydney Baroque, the Renaissance Players, the Pro Musica Society, the University of New England and the Festival of Armidale, the Canberra Theatre Trust, the Sydney International Piano Competition and the Australian Opera,

(k) Ms Falk gave definitive and important public lectures on a range of topics including:

(i) French lyric theatre and the birth of recitative in the music of Jean-Baptiste Lully,

(ii) the French cantata at the time of Louis VX,

(iii) French poetry, prosody, declamation and the recitative,

(iv) Romanticism in vocal music, 8036 LEGISLATIVE COUNCIL 14 February 2012

(v) Mozart's soprano roles, and

(l) the achievements of her students are a testimony to Ms Falk's extraordinary musical and linguistic intelligence and knowledge and her pedagogical virtuosity.

3. acknowledges that Ms Falk has:

(a) made a major contribution to the quality and quantity of performance of vocal music in Australia, particularly in the area of early and Baroque French music, through her own performances, her editions, her widely disseminated scholarship and erudition as an academic and her extraordinary abilities as a vocal pedagogue, and

(b) influenced the lives of many outstanding students of music who have gone on to perform and achieve at the highest levels.

4. extends its sympathy to Ms Falk's family, loved ones and friends on their tragic loss.

TABLED PAPERS NOT ORDERED TO BE PRINTED

The Hon. Greg Pearce tabled, pursuant to Standing Order 59, a list of all papers tabled and not ordered to be printed since 8 November 2011.

LEGISLATION REVIEW COMMITTEE

Report

The Hon. Dr Peter Phelps tabled a report entitled "Legislation Review Digest 9/55", dated 14 February 2012.

Ordered to be printed on motion by the Hon. Dr Peter Phelps.

GENERAL PURPOSE STANDING COMMITTEE NO. 2

Report: Budget Estimates 2011-2012

The Hon. Marie Ficarra tabled a report entitled "Budget Estimates 2011-2012", dated February 2012, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice.

Report ordered to be printed on motion by the Hon. Marie Ficarra.

The Hon. MARIE FICARRA (Parliamentary Secretary) [2.41 p.m.]: I move:

That the House take note of the report.

Debate adjourned on motion by the Hon. Marie Ficarra and set down as an order of the day for a later hour.

AUDITOR-GENERAL'S REPORTS

The Clerk announced, pursuant to the Public Finance and Audit Act 1983, the receipt of the following reports:

1. Financial Audit report, Volume Eight 2011, focusing on Transport and Ports, dated November 2011, received out of session and authorised to be printed on 30 November 2011.

2. Financial Audit report, Volume Nine 2011, focusing on Education and Communities, dated December 2011, received out of session and authorised to be printed on 7 December 2011.

3. Financial Audit report, Volume Ten 2011, focusing on Health, dated December 2011, received out of session and authorised to be printed on 14 December 2011.

4. Performance Audit report entitled "Visiting Medical Officers and Staff Specialists: NSW Ministry of Health", dated December 2011, received out of session and authorised to be printed on 14 December 2011.

5. Performance Audit report entitled "Managing IT Services Contracts: Department of Finance and Services, NSW Ministry of Health and NSW Police Force", dated February 2012, received out of session and authorised to be printed on 1 February 2012. 14 February 2012 LEGISLATIVE COUNCIL 8037

JOINT SELECT COMMITTEE ON THE PARLIAMENTARY BUDGET OFFICE

Report: Inquiry into the Parliamentary Budget Office

The Clerk announced, pursuant to standing orders, the receipt of report No. 1/55, entitled "Inquiry into the Parliamentary Budget Office", dated December 2011, received out of session and authorised to be printed on 2 December 2011.

The Hon. NATASHA MACLAREN-JONES [2.44 p.m.]: I move:

That the House take note of the report.

Debate adjourned on motion by the Hon. Natasha Maclaren-Jones and set down as an order of the day for a future day.

GENERAL PURPOSE STANDING COMMITTEE NO. 3

Report: Budget Estimates 2011-2012

The Clerk announced, pursuant to standing orders, the receipt of report No. 25, entitled "Budget Estimates 2011-2012", dated December 2011, together with transcripts of evidence, tabled documents, correspondence and answers to questions taken on notice, received out of session and report authorised to be printed on 9 December 2011.

The Hon. NATASHA MACLAREN-JONES [2.45 p.m.]: I move

That the House take note of the report.

Debate adjourned on motion by the Hon. Natasha Maclaren-Jones and set down as an order of the date for a later hour.

STANDING COMMITTEE ON LAW AND JUSTICE

Report: Fourth Review of the Exercise of the Functions of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council

The Clerk announced, pursuant to standing orders, the receipt of report No. 47, entitled "Fourth Review of the Exercise of the Functions of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council", dated December 2011, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice, received out of session and report authorised to be printed on 20 December 2011.

The Hon. DAVID CLARKE (Parliamentary Secretary) [2.45 p.m.]: I move:

That the House take note of the report.

Debate adjourned on motion by the Hon. David Clarke and set down as an order of the day for a later hour.

STANDING COMMITTEE ON LAW AND JUSTICE

Report: Eleventh Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council

The Clerk announced, pursuant to standing orders, the receipt of report No. 48, entitled "Eleventh Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council", dated December 2011, together with transcripts of evidence, tabled documents, submissions, correspondence and answers to questions taken on notice, received out of session and report authorised to be printed on 13 December 2011.

The Hon. DAVID CLARKE (Parliamentary Secretary) [2.46 p.m.]: I move:

That the House take note of the report.

Debate adjourned on motion by the Hon. David Clarke and set down as an order of the day for a later hour. 8038 LEGISLATIVE COUNCIL 14 February 2012

STANDING COMMITTEE ON STATE DEVELOPMENT

Government Responses to Reports

The Clerk announced, pursuant to standing orders, the receipt of the Government's responses to the following reports:

1. Report No. 34, entitled "New South Wales Planning Framework", tabled on 10 December 2009, received out of session and authorised to be printed on 13 December 2011.

2. Report No. 35, entitled "Wine grape market and prices", tabled on 2 December 2010, received out of session and authorised to be printed on 13 December 2011.

STANDING COMMITTEE ON LAW AND JUSTICE

Government Responses to Reports

The Clerk announced, pursuant to standing orders, the receipt of the Government's responses to the following reports:

1. Report No. 42, entitled "Spent Convictions for Juvenile Offenders", tabled on 6 July 2010, received out of session and authorised to be printed on 13 December 2011.

2. Report No. 43, entitled "Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council – Tenth Report", tabled on 28 October 2010, received out of session and authorised to be printed on 15 December 2011.

3. Report No. 45, entitled "Review of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council – Third Report", tabled on 11 November 2010, received out of session and authorised to be printed on 15 December 2011.

STANDING COMMITTEE ON SOCIAL ISSUES

Government Response to Report

The Clerk announced, pursuant to standing orders, the receipt of the Government's response to report No. 44, entitled "Inquiry into Services Provided or Funded by the Department of Ageing, Disability and Home Care", tabled on 11 November 2010, received out of session and authorised to be printed on 13 December 2011.

SELECT COMMITTEE ON RECREATIONAL FISHING

Government Response to Report

The Clerk announced, pursuant to standing orders, the receipt of the Government's response to the report entitled "Recreational Fishing in New South Wales", tabled on 10 December 2010, received out of session and authorised to be printed on 13 December 2011.

GENERAL PURPOSE STANDING COMMITTEE NO. 5

Government Response to Report

The Clerk announced, pursuant to standing orders, the receipt of the Government's response to report No. 32, entitled "The inquiry into the RSPCA Raid on the Waterways Wildlife Park", tabled on 9 September 2010, received out of session and authorised to be printed on 13 December 2011.

ECONOMIC ANALYSIS OF DOMESTIC SOLID FUEL HEATERS

Production of Documents: Return to Order

The Clerk tabled, pursuant to resolution of 24 November 2011, correspondence relating to the economic analysis of domestic solid fuel heaters received on 8 December 2011 from the Director General of the Department of Premier and Cabinet advising that the Office of the Minister for the Environment is not in possession, custody or control of any documents covered by the terms of the resolution. 14 February 2012 LEGISLATIVE COUNCIL 8039

PETITIONS

Religious Education and Ethics Courses

Petitions opposing the philosophical ethics course currently on offer in public schools and requesting that the House support the Education Amendment (Ethics Classes Repeal) Bill 2011 and the cancellation of the ethics course, received from the Hon. Rick Colless, the Hon. Jennifer Gardiner and Reverend the Hon. Fred Nile.

Second-hand Smoke in Outdoor Locations

Petition drawing attention to the dangers of second-hand smoke in outdoor locations, highlighting that several States have legislated for smoke-free outdoor public places and requesting that the House enact legislation to make specific public areas smoke free with priority given to areas where food or drink is provided as part of a business, received from the Hon. Marie Ficarra.

Religious Discrimination

Petition supporting the proposition that the Anti-Discrimination Act 1977 be amended to include religion as a grounds of discrimination, and requesting that the House support the amendment to the Act to make it unlawful to discriminate on the grounds of religious belief or absence of religious belief, received from the Hon. Shaoquett Moselmane.

HER MAJESTY QUEEN ELIZABETH II DIAMOND JUBILEE

The Hon. MICHAEL GALLACHER (Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council) [3.33 p.m.]: I move:

That the following address to her Majesty the Queen be adopted:

To Her Majesty Queen Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.

MAY IT PLEASE YOUR MAJESTY—

We, the members of the Legislative Council of New South Wales, in Parliament assembled, on our own behalf and on behalf of the people of New South Wales, offer our loyal and heartfelt congratulations on the completion of the sixtieth year of Your Majesty's beneficent reign.

As the Leader of the Government of the Legislative Council I congratulate Her Majesty Queen Elizabeth II on the sixtieth year of her reign. Irrespective of the debate and the views expressed about the role of the monarchy in modern Australia, Her Majesty's jubilee is an historic achievement. It is a great milestone in the history of the constitutional monarchies of the Commonwealth.

I take this opportunity to put on to the record my congratulations to the mounted unit of the New South Wales Police Force—the oldest mounted unit in the world. The mounted unit of the New South Wales Police Force has been asked to represent Australia at the Diamond Jubilee celebration at Windsor Castle. It will bring with it a touch of Australiana to the ceremony. It will be an outstanding event for those officers and a proud moment in their careers. It recognises that which we have come to expect of our mounted police units—

The Hon. Robert Borsak: Do they take their own horses?

The Hon. MICHAEL GALLACHER: No, they are given a selection of horses from the Royal Horse Guards. The mounted unit of the New South Wales Police Force will train with the Royal Horse Guards. It will be a magnificent experience for those officers and their families. We can all be proud of what our mounted unit has done for the people of New South Wales in over 100 years of active service. When we watch this event unfold on television later this year I ask members to keep an eye out for the New South Wales mounted police who will be participating in the ceremony.

The Hon. DUNCAN GAY (Minister for Roads and Ports) [3.34 p.m.]: As Deputy Leader of the Government and Leader of the National Party, I offer my congratulations to Her Majesty Queen Elizabeth II on her Diamond Jubilee. When Her Majesty ascended to the throne after the tragic death of her father, King 8040 LEGISLATIVE COUNCIL 14 February 2012

George VI, it must have been an awful time for her. King George took Britain through the Second World War. As the second born child in the family King George was not destined to be king but he took on that role when his elder brother stood aside—a tough role and one that many people believe contributed to his early demise.

At the time that Her Majesty assumed her monarchical role she was a young mother. On the occasion of her father's death she was travelling in Kenya and was scheduled to visit Australia following her trip to Kenya. Obviously her trip had to be cut short and she returned to England. To sit on the throne for 60 years is an extraordinary achievement. With the exception of Queen Victoria, Her Majesty is the longest serving monarch. Her Majesty has an amazing capacity for hard work and meets scores of people each week, which includes her weekly meeting with the British Prime Minister. During her time as our Head of State and the Queen of Australia, Her Majesty has observed 12 Australian Prime Ministers in office. Sir Robert Menzies was prompted to declare his undying affection for Her Majesty in this oft quoted line, "I did but see her passing by, and yet I love her till I die." That feeling, which was well put by Sir Robert at the time, has been echoed by many Australians who admired the way in which Her Majesty fulfilled that role for our country.

During her reign Her Majesty has witnessed 12 British Prime Ministers in office, 12 American Presidents and six Popes. British Prime Minister Tony Blair had not even been born when Queen Elizabeth II became Queen; he was born one month after her coronation. When Princess Elizabeth became Queen in 1952 she said she would devote her life to the service of her people and that is exactly what she has done. In the past 60 years the Queen has made 261 overseas visits to 129 countries, including 16 trips to Australia, where she remains as popular now as she has ever been. The Queen's life has not been without disappointment and tragedy. In 1979 her mentor and great family friend, Lord Louis Mountbatten, was assassinated by an Irish Republican Army bomb. In 1982 Britain was at war with Argentina over the Falkland Islands. Her Majesty described the year 1992 as her "annus horribilis" when her much-loved Windsor Castle caught fire. The castle suffered severe damage and the fire destroyed some of the most historic parts of the building. We all remember those desolate scenes of Her Majesty walking through the water soaked ruins inspecting the damage and looking totally dejected.

The year 1997 proved to be another challenging year for this great monarch with the tragic death of Diana, Princess of Wales. The British public and the rest of the world mourned the loss of the "people's princess". The Queen came under enormous and relentless pressure and criticism over how the monarchy responded to the death of Diana, Princess of Wales. In many ways the public did not understand that Her Majesty is a private person and that she responds in her own way. The year 2002 was another tragic year for Her Majesty. In February her sister, Princess Margaret, died and a month later the Queen Mother passed away. But it has not all been tragedy. Her Majesty finds joy in her family.

During her reign the Queen has conferred more than 387,000 honours and awards, sent more than 380,000 congratulatory telegrams, 37,000 Christmas cards—Her Majesty must start signing very early in the year—received more than three million pieces of correspondence and hosted more than a million people in garden parties. She has sat for 139 portraits, the most recent by Rolf Harris—some days are harder than others. The Queen has demonstrated her preparedness to work hard. This year there will be celebrations across the world, and particularly the Commonwealth, as we salute an extraordinary woman who has done an extraordinary job.

The Hon. AMANDA FAZIO [3.40 p.m.]: I speak in support of the motion moved by the Government. Accession Day, 6 February 2012, marked the sixtieth anniversary of accession to the throne of Her Royal Highness Queen Elizabeth II. For the benefit of members I would like to read the accession statement that she delivered and signed:

I, ELIZABETH do solemnly and sincerely in the presence of God profess, testify, and declare that I am a faithful Protestant, and that I will, according to the true intent of the enactments which secure the Protestant succession to the Throne, uphold and maintain the said enactments to the best of my powers according to law.

Her Majesty Queen Elizabeth II already has the status of being the longest serving monarch after Queen Victoria, her great-great-grandmother, who reigned for more than 63 years. The Diamond Jubilee of Queen Elizabeth II will be only the second such jubilee ever held, the last being in 1897. When she acceded to the throne as a young woman following the death of her father, King George VI, on 6 February 1952, the United Kingdom and the Commonwealth were almost unrecognisable from today. Britain was still recovering from World War II and was gripped by rationing, and the country bore the scars of six years of war against the Nazis. Five years earlier, on her twenty-first birthday—April 21—she had vowed to serve the Commonwealth. She said: 14 February 2012 LEGISLATIVE COUNCIL 8041

I declare before you all that my whole life, whether it be long or short, shall be devoted to your service and the service of our great imperial family to which we all belong.

The Queen, now in her eighty-fifth year, has remained true to her pledge and dedicated herself to the nation and beyond. The historian and political biographer Ben Pimlott stated in his biography of her:

"The Queen's strength," as one of her aides, a friend for half a century, remarks, "is that she doesn't change very much."

Over the decades Britain has undergone major transformations from technological advances like computers and supersonic flight to developments in society and the political landscape. During her reign the Queen has seen 11 Prime Ministers come and go, with David Cameron being the twelfth, while Barack Obama is the twelfth President of the United States to hold office over the same period. The Queen's Silver Jubilee in 1977 was marked by an outpouring of public support, and her Golden Jubilee in 2002 was a momentous occasion and showed there was still a strong feeling of support for the Queen. Queen Elizabeth II has been tireless in her service to the countries over which she reigns, and to the Commonwealth. The Diamond Jubilee is likely to be a high water mark in the life of a woman who became Queen as a young woman and remained true to her ideals. The people of New South Wales and Australia wish her well on her Diamond Jubilee, and I also wish her well and a happy and healthy life.

Reverend the Hon. FRED NILE [3.43 p.m.]: On behalf of the Christian Democratic Party, I am pleased to support the address to Her Majesty the Queen moved by the Government:

To Her Majesty Queen Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.

May it please Your Majesty—

We, the members of the Legislative Council of New South Wales, in Parliament assembled, on our own behalf and on behalf of the people of New South Wales, offer our loyal and heartfelt congratulations on the completion of the sixtieth year of Your Majesty's beneficent reign.

The Diamond Jubilee of Queen Elizabeth II is the international celebration throughout 2012 marking the sixtieth anniversary of the accession of Queen Elizabeth II to the thrones of seven countries upon the death of her father, King George VI, on 6 February 1952. Queen Victoria in 1897 is the only other monarch in the histories of the United Kingdom, Canada, Australia and a few other Commonwealth realms to have celebrated a Diamond Jubilee. Following the tradition of jubilees past, a Diamond Jubilee medal is being awarded in various countries, and holidays and events will be held through the Commonwealth.

Queen Elizabeth II is the Head of State of Australia and 15 other Commonwealth realms. She is the eldest daughter of King George VI and Queen Elizabeth. She was born on 21 April 1926 and became Queen at the age of 25 years. She has reigned through six decades of enormous social change and development. The Queen is married to Prince Philip, the Duke of Edinburgh, and has four children and eight grandchildren. In the course of more than 60 years on the throne the Queen has developed a very special relationship with Australia through regular visits. She has travelled throughout the different States to meet people from all cultures, walks of life and regions in our country.

As a constitutional monarch, the Queen, by convention, is not involved in the day-to-day business of the Australian government, but she continues to play important ceremonial and symbolic roles, as do her vice-regal representatives in our nation. The Queen's relationship to Australia is unique. In all her duties she speaks and acts as Queen of Australia, and not as Queen of the United Kingdom. The Queen's royal style and title in Australia is Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth. I am very pleased to support the address to Her Majesty.

Along with other members, I attended a special ecumenical service to commemorate the sixtieth anniversary of Queen Elizabeth II to the throne, conducted in St James' Church, Sydney. The invited preacher on that occasion was Cardinal George Pell, and the Governor of New South Wales, Professor Marie Bashir, was the guest of honour. Paying tribute to Queen Elizabeth II as Queen of Australia in the Australian House of Representatives in Canberra on 6 February 2012, Australian Prime Minister, Julia Gillard, stated that the Queen is a revered figure in Australia. The Prime Minister also announced that on 4 June she would light a beacon atop Parliament House and that a street in the parliamentary triangle in Canberra would be renamed Queen Elizabeth Terrace. 8042 LEGISLATIVE COUNCIL 14 February 2012

While sharing in the support for this motion, I urge the New South Wales Government to give more thought to its participation in events to mark the Diamond Jubilee. As we near the annual Queen's Birthday holiday on Monday 11 June 2012, I respectfully request the State Government—it may be doing so already—to consider special events, perhaps a citizen's parade, a Parliament House dinner, a special Diamond Jubilee medal, emblem and plaque, as has been planned by other members of the Commonwealth. I am very pleased to support the motion. I remind members of the words spoken by the Queen in her Christmas message to highlight what I believe are some very important features of our nation and indeed the whole of the Commonwealth. She said:

The importance of family has, of course, come home to Prince Philip and me personally this year with the marriages of two of our grandchildren, each in their own a celebration of the God-given love that binds a family together.

For many, this Christmas will not be easy. With our armed forces deployed around the world, thousands of service families face Christmas without their loved ones at home.

The bereaved and lonely will find it especially hard. And, as we all know, the world is going through difficult times. All this will affect our celebration of this great Christian festival.

She concluded:

Finding hope in adversity is one of the themes of Christmas. Jesus was born into a world full of fear. The angels came to frightened shepherds with hope in their voices: "Fear not," they urged, "we bring you tidings of great joy, which shall be to all people. For unto you is born this day in the City of David a Saviour who is Christ the Lord."

The Queen then said:

Although we are capable of great acts of kindness, history teaches us that we sometimes need saving from ourselves—from our recklessness or our greed.

God sent into the world a unique person—neither a philosopher nor a general, important though they are, but a Saviour, with the power to forgive.

Forgiveness lies at the heart of the Christian faith. It can heal broken families, it can restore friendships and it can reconcile divided communities. It is in forgiveness that we feel the power of God's love.

The Queen then quotes from these words from the beautiful carol O Little Town of Bethlehem:

O Holy Child of Bethlehem, Descend to us we pray. Cast out our sin And enter in. Be born in us today.

She then concludes by saying:

It is my prayer that on this Christmas day we might all find room in our lives for the message of the angels and for the love of God through Christ our Lord. I wish you all a very happy Christmas.

I believe that the Queen has excelled in both her example and her words as the Queen of Australia.

The Hon. Dr PETER PHELPS [3.50 p.m.]: Sir Henry Channon, known as Chips Channon, was a British Tory MP and noted diarist. To borrow Christopher Isherwood's phrase: He may be considered to be "a camera with the shutter open", unblinking on English high society from the 1920s to the 1950s. On 2 February 1952 Channon recorded the following in his diary:

I watched the television, and saw the King, bare-headed, cross, almost mad-looking, waving farewell to the Edinburghs, who have flown to Kenya en route for Australia. He is reported to be going out duck shooting next week, suicidal.

Channon was right, of course: within a week the then King was dead—a king who was, by rights, never meant to be king, just as the daughter of the Duke of York, Elizabeth, was never meant to be Queen. Indeed, the expectation was that Edward, the Prince of Wales, would become king and that the Duke of York and his family would remain members of the royal family but not in direct succession to the throne. Events conspired to intervene and both George VI and his daughter ended up on the throne. Today I join others in celebrating the 60 years of Elizabeth's reign.

I am reminded of a republican conference I attended at the State Library of New South Wales back in the summer of 1992 at which one of the academics from the University of Technology, Sydney, made this point: What the republican cause, and especially the male members of the republican cause, fail to understand is the 14 February 2012 LEGISLATIVE COUNCIL 8043

intensely personal nature of the monarchy—the familial and especially the female nature of the reign of Queen Elizabeth II, and that as long as they fail to recognise this they will not understand female support for the monarchy. To a large degree that is true and I want to concentrate on that particular emphasis.

In 1977 I was dragged along by my grandmother and my mother to the Silver Jubilee celebrations. I can well remember the very hot day in the square in front of the Town Hall in Sydney where I saw very large numbers of elderly ladies in hats and gloves awaiting the passage of the Queen. She did eventually come along and she whizzed past. I thought—even with my very limited height—that she seemed rather small but she did seem very queen-like although she was not wearing a crown. In 2006 I took my own children to Parliament House in Canberra to see the Queen when she was passing through the Marble Hall and my children's reaction was much the same as my reaction in 1977.

We should remember that the Queen is not a superwoman. She was once a girl, a young lady very much in love, and still very much in love, with her now husband. Channon records various incidents when he met her. The first time he met her was at Ascot in 1937. He talks about the "tiny Princesses excited by their coronets and trains". Later, in 1943 at St Paul's Cathedral during a celebration for the victory in Africa Channon talks about the two princesses "dressed alike in blue, which made them seem like little girls". Later on, during the war, the Queen served in uniform as a member of the Women's Auxiliary Territorial Service. She was, of all things, a lorry driver—a truckie. The Transport Workers Union should immediately place a portrait of her in the union's office in celebration of all truckies.

The reason the future Queen was in Britain during the war is due to the nature of her family. Lord Hailsham suggested that the two princesses should be evacuated to Canada, but Elizabeth's mother, the future Queen Mother, declared, "The children won't go without me. I won't leave without the King. And the King will never leave." That pretty much sums up the entire ethos of the British royal family. It is worth noting that the Queen has maintained that standard of duty and public service throughout her entire life. Her life was touched by one man in particular—Philip of Greece. Channon records that when he signed the visitors' book he noticed "Philip" written constantly. Channon saw Princess Elizabeth at Coppins and he wrote, "I think she will marry him". He was right. But what did she have to give up? Channon describes another time at Coppins in 1948:

The dance was really for the Edinburghs, who were enchanting. She was in black lace, with a large comb and mantilla, as an Infanta, and danced every dance until nearly 5 a.m. I am beginning to doubt the supposed pregnancy—

about which he was wrong as Charles was born in November 1948—

but Philip of Edinburgh ... was the success of the ball, and was wildly gay with his policeman's hat and hand-cuffs. He leapt about and jumped into the air as he greeted everybody. He went out of his way to be friendly to me, I thought, and we gossiped a bit. His charm is colossal, like all Mountbattens, and he and Princess Elizabeth seemed supremely happy and often danced together ... Towards 3 a.m. we danced the Hokey Cokey.

The Queen we know today was once a young woman who was full of life and who basically had the role thrust upon her, and she has done a marvellous job in that role. Many members know that I am an historian by trade, and I would like to reflect on the time that Queen Elizabeth has been the reigning monarch. During her life she has known Baldwin, Chamberlain and David Lloyd-George. She knew Attlee and Churchill was her first Prime Minister. The time of Churchill dates back to the Sudan War and the Boer War and the Queen will remember conversations with Churchill. I am again reminded of another quote by Channon:

Winston was yesterday given the Garter by the Queen at Windsor. What a romantic picture—the aged Prime Minister kneeling at the feet of the young Queen: like Lord Melbourne and Queen Victoria. What a scene, one day, for a painted window, or fresco.

Think of all the things the Queen has seen. She has seen Eden and the Suez crisis; McMillan and the end of empire; Wilson and Heath—the winter of discontent in Britain; the Thatcher era, Blair and ultimately Cameron. What longevity. She has seen Menzies and Holt, McEwen and Gorton, McMahon and Whitlam, Fraser, Hawke, Keating, Howard, Rudd and Gillard. What a magnificent tenure; what a magnificent term; what a magnificent monarch. I am very happy to support this motion today.

The Hon. MARIE FICARRA (Parliamentary Secretary) [3.58 p.m.]: It is with great pleasure that I support this motion in commemoration of the Diamond Jubilee of our Queen of Australia, Her Highness Elizabeth II, who has devoted her life to serving her citizens throughout the Commonwealth. As previous speakers have mentioned, she is the second-longest reigning monarch after her great-great-grandmother, Queen Victoria, who reigned for 63 years from 1837 to 1901. 8044 LEGISLATIVE COUNCIL 14 February 2012

Duty to others has dominated Queen Elizabeth's life since she took the throne 60 years ago. It is significant that Queen Victoria is the only other monarch to celebrate a Diamond Jubilee, which occurred in 1897. During Elizabeth's reign there have been 12 Australian Prime Ministers, 12 British Prime Ministers, 12 Presidents of the United States, six Archbishops of Canterbury and six Popes. Her ability to maintain stability and offer advice for the benefit of nations has contributed to a stable Western World and a respect for the Westminster system of democracy. Indeed, her grassroots participation and care for the rights of individuals will always be admired by members of the Commonwealth and many non-Commonwealth countries.

During World War II Elizabeth was determined to serve alongside everyday people. Her father, King George VI, was hesitant to allow Elizabeth to enlist to help one of the women's wartime services. However, Elizabeth was insistent and in February 1945—just before her 19th birthday—she joined the Women's Auxiliary Territorial Service as an honorary Second Subaltern. She trained as a driver and mechanic and drove a military truck, which would have been a fabulous image to see. It is no wonder she endeared herself to the citizens of the United Kingdom, the Commonwealth and to people worldwide. Elizabeth did this work for a sustained period of time.

Pursuant to sessional orders business interrupted at 4.00 p.m. for questions.

Item of business set down as an order of the day for a later hour.

QUESTIONS WITHOUT NOTICE ______

WESTPAC JOB CUTS

The Hon. LUKE FOLEY: My question is directed to the Minister for Finance and Services. Given that the Government has two major contracts with Westpac and given that Westpac has announced that despite its record profit of $6.99 billion it will cut hundreds of New South Wales jobs, as the Minister responsible for government procurement has the Minister met with Westpac to discuss options for keeping those jobs in New South Wales?

The Hon. GREG PEARCE: I thank the Leader of the Opposition for his question. It is a great pleasure for us to be back in this Chamber to do the important work that we have to undertake. Mr President, it is certainly a great pleasure to see you back in the chair—it is such a fitting position for you. It is a great privilege to be answering the first question of this year's first question time and it is an even greater privilege to receive a question with some actual content from the Leader of the Opposition.

I imagine that the Leader of the Opposition has spent the break in consultation with the Hon. Eric Roozendaal. When the Hon. Eric Roozendaal was Treasurer he entered into these contracts with Westpac that have now been brought to the attention of the Leader of the Opposition. I will have a lot to say about procurement during this session. I suggest that the Leader of the Opposition call upon the Hon. Eric Roozendaal to answer the question.

The Hon. Steve Whan: Point of order.

The PRESIDENT: Order! As the Minister has concluded his answer, the point of order is superfluous.

The Hon. LUKE FOLEY: I ask a supplementary question. Could the Minister advise the House of what meetings, if any, he has had with Westpac to save these hundreds of jobs in our State?

The Hon. GREG PEARCE: As I was indicating, the contracts in question were entered into under the previous Government.

PUBLIC TRANSPORT SECURITY

The Hon. CATHERINE CUSACK: My question is directed to the Minister for Police and Emergency Services. Can the Minister outline to the House what the Government is doing to increase security on the public transport network? 14 February 2012 LEGISLATIVE COUNCIL 8045

The Hon. MICHAEL GALLACHER: It is good to have the Hon. Catherine Cusack back asking questions that are relevant to the people of New South Wales. I thank her for her question and I am eager to answer it. Today is an historic day. I was delighted to join the Premier, the Minister for Transport and the Commissioner of Police just a few hours ago to announce that the New South Wales Police Force will take over the role of providing security across the entire public transport network. Under the Liberal-Nationals Government, in excess of 600 police officers will be dedicated to patrolling our trains, buses and ferries. In addition to these 600 officers, commuters will also have 150 transit officers on patrol across the public transport network. They will be asked to detect fare evasion and deal with other compliance issues. Their patrol patch will also be extended to include buses and ferries.

This Government is committed to making our community safer by putting more police onto our public transport networks to ensure increased safety and security for customers. As the Minister for Police and Emergency Services, I will oversee the establishment of the new Police Transport Command. This is a fantastic complement to the new Traffic and Highway Patrol Command I announced in December. This Government recognises the importance of dedicating police to our transport network—whether on our roads or on our public transport. The 610 police who will make up the new Police Transport Command will be led by an assistant commissioner and a senior management team of three superintendents and nine inspectors.

I have spoken before about my being one of the first people to enter London by train after the London bombings. I met and toured with the British Transport Police as they travelled between blast sites while undertaking their investigation of those heinous crimes. Although I knew it before then, it was brought home again to me how important dedicated and professional police are on our transport network. This new command is vital to the protection of the travelling public. These police will have the powers that only police can have. They will have the intelligence-based ability to target crime hotspots and arrest offenders on the spot.

The Government is extending to the existing transit officers and State Transit Authority revenue protection officers the opportunity to either apply to become a police officer, apply to be retained as a transit officer, apply for voluntary redundancy or apply for redeployment. I look forward to being overwhelmed by support from those opposite for our announcement. As my colleague the Minister for Transport pointed out earlier today, the Leader of the Opposition in another place was on radio yesterday talking up the need for more police. He said:

Extra resources are going to mean more police on the beat; that acts as a deterrent.

I am sure they will take great comfort in the comments today by Commissioner Scipione, who said:

The creation of the Police Transport Command will allow police to work more closely with the community to target those areas within our transport system where anti-social and criminal behaviour occurs.

The great value of this new command is that police officers will come into contact with people who may have committed other more serious crimes.

It will enable the police to take into custody a lot of people wanted on other offences.

Unlike those opposite, the Government is delivering on its commitment to make our community safer and today it is about public transport.

POLICE NUMBERS

The Hon. ADAM SEARLE: My question is directed to the Minister for Police and Emergency Services. The New South Wales Police Force website shows that 12 out of 15 local area commands in western and south western Sydney are currently under strength. Given that there have been 62 drive-by shootings since the election—including 17 in January 2012—will the Government immediately commit to bringing police force levels up to at least authorised strength in all local area commands in western and south western Sydney?

The Hon. MICHAEL GALLACHER: It is amazing how those opposite have shifted their argument. At one stage it was the dog whistle—accusing police of not being able to do the job. Those opposite were asking what was going on and saying that things were out of control. Now of course it is all about numbers. They want to play this game in relation to numbers. But I think it is extremely important to take an opportunity to reflect on what we see now in relation to drive-by shootings, as the Hon. Adam Searle termed them. It is important to look at the history of these events.

From October 2006 to September 2007 there were 161 unlawful discharge of firearm offences and 73 discharge of firearm offences in premises, making a total of 234 offences. In October 2007 to September 8046 LEGISLATIVE COUNCIL 14 February 2012

2008 the numbers of those offences were at 149 and 78 respectively, making a total of 227 offences. From October 2008 to September 2009, there were 149 unlawful discharge of firearm offences and 102 discharge of firearm offences in premises, making a total of 251.

The Hon. Amanda Fazio: Point of order: The Minister is misleading the House. The figures he quoted are statewide figures, not Sydney figures.

The PRESIDENT: Order! There is no point of order.

The Hon. MICHAEL GALLACHER: I will continue because it is important for members to have an opportunity to reflect on the history of these events and on 16 years of Labor's deployment of personnel. From October 2009 to September 2010—I am sure the member for Toongabbie, Mr Rees, was Premier for a couple of weeks during that period—there were 125 unlawful discharge of firearm offences and 73 discharge of firearm offences in premises, making a total of 198 offences. Every year from 2006 to 2010 under a Labor government we quite often had more than 200 firearm offences, yet Labor members now are saying that the numbers for south-western Sydney are not good enough for them—the very allocations for which they were responsible.

Labor members did not compliment and support the police in their efforts under Operation Spartan when regional resources and resources from other areas outside Sydney were deployed in south-western Sydney to address the issue. Do Labor members congratulate the police? No. Do Labor members congratulate the police on the arrests that have been made since early January under Operation Spartan that have resulted in 137 charges being preferred against 68 persons and the seizure of 16 firearms, or on the arrest rate achieved by the outlaw motorcycle gang under Strike Force Raptor? No. The numbers speak for themselves. When Labor members were in government, they were happy to support the work being done by organisations within the Police Force such as Strike Force Raptor, given the then distribution of police resources throughout the State.

The Hon. Greg Donnelly: And we still do.

The Hon. MICHAEL GALLACHER: The Hon. Greg Donnelly says, "We still do", but Labor members play dog-whistle politics and suggest that our police are not good enough to do the job. At the end of the day the Commissioner of Police determines where resources go by examining the numbers. [Time expired.]

ABATTOIR ANIMAL CRUELTY

The Hon. CATE FAEHRMANN: In directing my question to the Minister for Roads and Ports, representing the Minister for Primary Industries, I point out that the New South Wales Food Authority has acted swiftly to close a Sydney abattoir, Hawkesbury Valley Meat Processors, after covertly obtained footage showed abhorrent acts of animal cruelty, and I ask: Will the Government now install closed-circuit television cameras in all abattoirs in New South Wales, which will be monitored by Food Authority inspectors, to improve the transparency and accountability of slaughter practices in the meat industry?

The Hon. DUNCAN GAY: I thank the Hon. Cate Faehrmann for her question relating to the Wilberforce abattoir. The New South Wales Government will not tolerate acts of animal cruelty. All abattoirs in New South Wales must comply with animal welfare requirements, and that is not negotiable. This strong stance is supported by industry training programs and, where issues are suspected, strong regulatory powers for agencies such as the RSPCA. The New South Wales Food Authority also imposes strict conditions on licences to operate these facilities, and checks compliance by conducting unannounced audits and inspections.

Even members opposite have to agree that New South Wales government agencies were swift and targeted in their response to an incident in Wilberforce last Thursday. In any industry there may well be rogue operators. I am informed that on Thursday 9 February the New South Wales Food Authority became aware of a range of serious allegations against a Wilberforce-based abattoir. The allegations were disturbing and involved both hygiene concerns and serious mistreatment of animals. On the very same day the New South Wales Food Authority acted decisively, meeting with Department of Primary Industries animal welfare staff and the RSPCA's Chief Inspector. On that date, the abattoir's prescribed brands were seized. As abattoirs cannot sell meat unless it is branded, those actions effectively prevented the abattoir from processing meat and from committing any further breaches of operating requirements.

The Wilberforce facility's operation is being examined further by the Food Authority to determine whether its licence should be suspended, or indeed cancelled. The abattoir is required to respond to those matters and will not be able to operate until such time as the authority, with expert assistance from the 14 February 2012 LEGISLATIVE COUNCIL 8047

Department of Primary Industries and the RSPCA, completes its investigation and makes its determination. The RSPCA also has commenced an investigation into this abattoir and will decide, after its investigation has concluded, whether prosecution is warranted under the Prevention of Cruelty to Animals Act 1979.

Following the incident, the Minister for Primary Industries demanded that the New South Wales Food Authority ramp up its unannounced inspections and audits of domestic abattoirs in New South Wales so that consumers and farmers can have confidence in the operation of domestic abattoirs across the State. The Food Authority has sent a formal notice to all New South Wales domestic abattoirs to remind them of their obligations and responsibilities in ensuring the humane treatment of animals in this State. On behalf of the Minister, I assure the people of New South Wales that the New South Wales Government takes very seriously animal whole welfare. I will refer the part of the question relating to closed-circuit television to the Minister and obtain an answer.

REGIONAL ROADS FLOOD DAMAGE

The Hon. NIALL BLAIR: My question is directed to the Minister for Roads and Ports. Will he update the House on recent flooding and damage done to New South Wales regional roads?

The Hon. DUNCAN GAY: I thank the Hon. Niall Blair for his question. I am sure all members of the Chamber from all sides of politics would be aware of floods that have occurred in New South Wales, the damage caused to many regions and the excellent work that has been done by the State Emergency Service, the police, local government and Roads and Maritime Services to address the issues. The people of this State—in the western suburbs of Sydney and in the regions—are stoic and are great stalwarts when it comes to getting together and addressing adversity. There is an old saying in the bush that once a drought breaks, the rain forgets to stop—and that has been the case this year with the La Niña effect.

The Hon. Mick Veitch: And last year.

The Hon. DUNCAN GAY: Yes; and, according to the forecasters, the worst is yet to come in April. During recent months, only three regional councils—in Broken Hill, Deniliquin and Oberon—escaped major damage being done to their roads caused by heavy rainfall and flooding. Local, regional and State roads all have been negatively impacted. Across the State, causeways and culverts have been washed away and sections of sealed roads have been lifted in gigantic sheets of black bitumen. Bridge foundations have been undercut, embankments have slipped onto roads and, indeed, sections of the Gwydir Highway between Warialda and Moree look like a sodden carpet that has been rolled back, exposing a bare dirt floor.

As I indicated in the media last week, with road pavements already saturated and more floods expected in forthcoming weeks and floodwaters expected from Queensland and northern parts of the State, New South Wales could be facing an unbudgeted roads repair bill of up to half a billion dollars, and that represents a huge push for the State Government, local government and local communities. This financial year the New South Wales Government has already spent $104 million on natural disaster funding. Of that amount $94 million, or 90 per cent of the funds, has been allocated to roads owned and managed by local councils.

Natural disaster funding arrangements provide for roads or bridges damaged by natural disaster events such as flooding, severe storms or bushfires to be restored to their pre-existing condition. Assistance is also available from the Federal Government under its natural disaster relief and recovery arrangements. Indeed, once floodwaters have receded, allowing us to fully assess damage across the State—which has not happened yet in a lot of areas—the New South Wales Government will be requesting additional financial assistance from the Commonwealth. To help restore local roads, the New South Wales Government provides councils with 75 per cent of repair costs up to the first $116,000, and 100 per cent thereafter. There is also a $58,000 annual limit on how much a local council has to pay to restore its roads, so members can see how the State Government's repair costs can escalate quite quickly.

Regional managers from Roads and Maritime Services have been in contact with flood-affected councils offering support, including helping with emergency works and providing assistance in the assessment of claims under the natural disaster provisions. Should a council desire to replace an asset to a higher standard, it can supplement the natural disaster assistance from other funding sources such as the block grant and repair program, and we are willing to talk to them about such sensible things. [Time expired.]

The Hon. NIALL BLAIR: I ask a supplementary question. Will the Minister elucidate his answer? 8048 LEGISLATIVE COUNCIL 14 February 2012

The Hon. DUNCAN GAY: I thank the honourable member for his supplementary question. I will not take up too much more of the time of the House, but this is an important issue. The Government can help individuals and businesses affected by floods in other ways. For example, we are looking at providing an exemption for seasonally registered heavy vehicles. Under such a scheme, registration and administrative charges for those affected by floods would be waived for a period. The cost to the roads is even more dramatic. Late last year when the Pacific Highway was closed as a result of extensive flooding, traffic from the Pacific Highway was diverted onto the New England Highway. This has not been taken into account yet. Traffic on the New England Highway was doubled; there were two lots of traffic travelling on a highway that is not up to the standard of either the Hume Highway or the Pacific Highway. At the time that road had been suffering from a decade of neglect; its pavement was not terrific, and the area underneath the road was waterlogged.

[Interruption]

Members opposite want to play policies; I am just stating a fact. They have no understanding of the reality. What is facing this State has been lost on them. When we talk about the real situation facing the people of New South Wales, this lot opposite want to put their heads in the sand and ignore history. [Time expired.]

THE GREENS NSW

The Hon. ROBERT BORSAK: My question without notice is addressed to the Minister for Roads and Ports. Is the Minister aware that Greens MPs and activists have complained that the party's New South Wales branch is run by a small cadre of Leninist-style ideologues whose activities are making it appear to be populated by lunatics and that those in control of The Greens in New South Wales are antidemocratic? Has the Minister seen the picture in today's Australian with three Greens standing behind a big red banner?

The Hon. DUNCAN GAY: I was not aware of this until the Government Whip suggested that I should look at page 2 of the Australian. I was shocked—as was the Government Whip; and it takes a lot to shock the Government Whip—to see three Greens standing behind the Socialist Alliance flag. There has been concern in Leichardt and the local environs that the Navy might be putting ships into Glebe Island or White Bay. I remind members that HMAS Adelaide was docked in the area for 18 months and no war was declared on Leichardt and the locals were able to continue their pursuits of cottage industries, basket weaving and whispering.

A new menace is coming to the people of that part of Sydney. That menace is the war in The Greens. Bomb throwing taken to a new era. In the past they talked only figuratively about bomb throwing but now the flag is out. I noticed today also that some of The Greens were garbed in red, but I am not sure whether they are part of what is going on or not. Given that it is the first sitting day of the year and I am feeling terribly benevolent I will resist the temptation to bag anyone. Members should read the Australian for themselves.

SYDNEY DRIVE-BY SHOOTINGS

The Hon. STEVE WHAN: My question is directed to the Minister for Police and Emergency Services. Why did it take 10 months and over 62 drive-by shootings in western and south-western Sydney to get the Minister to finally do something about the growing lawlessness on the streets?

The Hon. MICHAEL GALLACHER: It is always a problem when there is no flexibility in Labor's question time strategy to enable its members to say, "We had better dump this question because it does not make a lot of sense given what we were told earlier." Those opposite want to criticise the police. I stood with the Deputy Commissioner of Police at Parramatta when he was asked what laws he wanted, what legislative changes and what resources he needed from government. The deputy commissioner replied that he did not need resources and that at this stage the Police Force was not in a position to put a submission to government because it had been stated publicly that if the Police Force needed reform to legislation that would be done, or if it needed more resources they would be made available.

In mid January the Police Force sat down with the New South Wales Crime Commission—something that the rocket scientists opposite never thought about doing when they were in government, when drive-by shootings spiralled out of control under Labor. They did nothing about it then, they had no plans or ideas, but they now want to criticise because nothing is happening. They should look at the work that is being done by the Police Force and the Crime Commission. On Sunday, the Federal Government having realised that there were holes at our borders like those in Swiss cheese that allowed firearms to come into this country, we reached an agreement with the Federal Government to ensure that the Australian Crime Commission should finally play a role. 14 February 2012 LEGISLATIVE COUNCIL 8049

Labor at the Federal level woke up and said that it was prepared to play a role to assist State jurisdictions. Do members opposite acknowledge the paucity of security at our borders and that guns are coming into our State? No. Did they have a plan when they were in government to address drive-by shootings? Were they prepared to sit down with the Crime Commission in New South Wales and work out a plan? No. Are they prepared to congratulate the New South Wales Police Force on the arrests made since January? No. We hear nothing but poison from those opposite. The only ones who groan when arrests are made are Labor Party members. When people hit the dock in this State the collective groan can be heard from those miserable sods opposite, "Oh, no, another one's hit the dock." Robbo's going to have to make a silk purse out of a sow's ear on this one.

The Hon. Steve Whan: Point of order: My point of order is relevance. The Minister is just ranting and raving about anything and not answering the question. Drive-by shootings have increased by 20 per cent on the Government's watch this year. Do something about it.

The PRESIDENT: Order! The Hon. Steve Whan should not make debating points under the guise of a point of order. There is no point of order.

The Hon. MICHAEL GALLACHER: We will continue, as we have done today and continuously since being in government, to sit down with the police—the professionals—and ask them, "What do you need from government?" The previous Government simply took no interest. Arrests are being made under operations Spartan and Raptor, and by the organised crime units. Do those opposite want to talk about that? No. Do they want to talk about the Federal Government finally waking up to the fact that we might have problems with guns coming in over our borders? No. They are an absolute disgrace.

ILLAWARRA COMMUNITY ENGAGEMENT

The Hon. MARIE FICARRA: My question is addressed to the Minister for the Illawarra. Will the Minister inform the House what he is doing to expand community engagement in the Illawarra?

The Hon. GREG PEARCE: I thank the Hon. Parliamentary Secretary for her continued interest in the Illawarra, unlike the mob opposite. I get a lot more questions about the Illawarra from this side of the House than from the other side. The Illawarra is the region that Labor always takes for granted and neglected when it was in government. I should not really be surprised that Labor's attitude to the region is the same in Opposition. I inform the House that last Saturday, 11 February, I announced the establishment of the new Illawarra Government Coordination Group [IGCG], which will function as a central hub for all government agencies operating in the region. This new group underpins the fresh approach by the New South Wales Liberal- Nationals Government. This Government is putting services and community needs first. The Government believes in re-engaging in the Illawarra by creating a new regional group that serves the people who live, work and play in the region.

I will be establishing new ways for the community to provide direct input to the Government on existing areas of service that could be improved and to present new ideas that could help grow the Illawarra. This marks the beginning of a new way of working for government agencies serving the Illawarra. The Illawarra Government Coordination Group will be coordinated by the Department of Premier and Cabinet following the appointment of a new senior regional coordinator, Ms Michelle Kellaway. Ms Kellaway's appointment in Wollongong follows a statewide review of regional coordination. Previously a senior manager at the University of Wollongong, Michelle now is one of the new team of senior coordinators in the department who have been recruited to connect and coordinate services for regional communities across the State.

The Illawarra Government Coordination Group is for the Illawarra community, businesses and public sector agencies to provide a direct community link and a place to put forward ideas to government. I encourage everyone in the community to engage with the Illawarra Government Coordination Group to put forward their ideas and contribute towards development of the region. I look forward to working with the new group, which will be central to the future development of the Illawarra. I am proud to be part of a Government that is genuinely committed to engaging with the community in the Illawarra, unlike Labor, which has always taken the region for granted. We care about the Illawarra. We care about ensuring that vital services are easier to reach and that information about government is easier to obtain.

I am proud also to be part of an innovative Government that finds better ways to deliver services and infrastructure. The thing that makes me most proud is that the launch of the new group on Saturday was endorsed by all five Illawarra members of Parliament. Present at the launch was the member for Keira, Ryan 8050 LEGISLATIVE COUNCIL 14 February 2012

Park; the member for Shellharbour, Anna Watson; and the member for Wollongong, Noreen Hay—she even brought along her long-suffering husband, who, I was surprised to learn, was not a bad guy. Present also, of course, was the Liberal member for Heathcote, Lee Evans, and the Liberal member for Kiama, Gareth Ward. All five Illawarra members of Parliament endorsed the new group. They all supported the work this Government is doing. I am very pleased to report that to the House.

SPECIAL EDUCATION SERVICES

Dr JOHN KAYE: My question is directed to the Minister for Roads and Ports, representing the Minister for Education. The Minister will recall that on 24 November I asked a question about the future of specialist language classes that cater for children with the lowest 2 per cent of language ability. At that time the Minister assured the House that schools had been advised that the current specialist services and programs for special education will continue to operate from the start of the 2012 school year. Will the Minister inform the House as to how many of these classes that were operating at the end of 2011 have commenced operation in 2012? Will the Minister inform the House how many new classes have started in that category?

The Hon. DUNCAN GAY: I thank the member for his detailed question. Given the complexity of the detail about which he has asked, I will take the question on notice and ask the Minister for Education to provide a response.

COMMUNITY SAFETY

The Hon. SOPHIE COTSIS: My question is directed to the Minister for Police and Emergency Services. How can the people of western Sydney have confidence in the Minister's ability to keep them safe when his party's local members of Parliament, such as the member for Granville, have said:

The community should not have any issue with drive-by shootings because they are not targeted.

The Hon. MICHAEL GALLACHER: Again those opposite continue to spread this poison and manipulate an outcome. Members might recall that only a couple of days ago the Leader of the Opposition in the other place said that with the next shooting Barry O'Farrell will have blood on his hands. That is an incredible statement. Was any comment made a couple of years ago when an innocent truck driver driving through western Sydney was shot and killed as a result of a nearby shootout? Did we say there was blood on the previous Government's hands? Drive-by shootings occurred day in and day out under Labor's watch. Did we go down the path of putting fear, lies and spin into a community that wanted answers? We intend to work with the professionals—the New South Wales Police Force and the New South Wales Crime Commission—to address this issue.

It is an absolute disgrace for those opposite to spread this fear. When Bob Knight was killed a couple of years ago did we say that there was blood on the Government? No, because we had confidence in the approach taken by the police. We put pressure on the Government to make resources available. The Government listened to the call from the public to provide the resources. We have gone beyond that. The human resources on the ground—police officers—are working not only from local area commands throughout the region, but also with Operation Spartan making arrests and taking guns off the street. Those opposite do not want to say that the police are doing a good job. Do they congratulate the Government on the proposed legislation? No. John Robertson said, "Me too. I was going to do it when the Parliament came back." Those opposite continue to spread fear and lies within the community. They are bringing down the reputation of our police who are trying to build communication lines with people. Those opposite are saying that these communities are wracked with fear and it is out of control. Not for one moment—

The PRESIDENT: Order! I call the Hon. Sophie Cotsis to order for the first time.

The Hon. MICHAEL GALLACHER: Those opposite are not for one moment recognising the headway the police are making in relation to these arrests. Those opposite are not for one moment recognising the work that is being done between the Police Force and local community leaders to build trust and information. The only story the Opposition wants to hear is one of fear. The Opposition is exposed by its own figures from when it was in government. The former Government did not do anything about it and failed to recognise that guns were coming into the country. At least now the Federal Government has realised that we have a problem and it is prepared to work with the State Coalition Government to address these issues. 14 February 2012 LEGISLATIVE COUNCIL 8051

M5 SOUTH WEST MOTORWAY WIDENING PROJECT

The Hon. JOHN AJAKA: My question is addressed to the Minister for Roads and Ports. Will the Minister update the House on the progress towards widening the M5 South West Motorway?

The Hon. DUNCAN GAY: Those opposite could not deliver it—they wanted to do it, were desperate to do it and promised it, yet failed to deliver it. When a good Government with a good ministry, good Cabinet and good Parliament delivers what they could not deliver, they start to whinge and whine. Everything the former Government wanted—supposedly—for the people of western Sydney is no longer any good. Opposition members are disgraceful. No wonder no-one believes in the Opposition. During the election campaign the Coalition made it clear to the public that the M5 South West Motorway would be widened. There was no doubt. We said that was what we would do.

After years of being taken for granted by Labor the people of Campbelltown, Camden, Menai, Oatley, East Hills, Rockdale and Wollondilly have placed their faith in the Coalition Government to improve infrastructure in their communities. For more than two years Labor tried, and failed, to deliver a satisfactory negotiated outcome with the operator of the M5, Interlink Roads. Where it failed the New South Wales Liberals and Nationals have succeeded in reaching an in-principle agreement with Interlink Roads to widen the road from two lanes to three lanes in each direction between King Georges Road and Camden Valley Way.

It is even more disgraceful that Opposition members are chatting and not listening to my answer. I had to organise for the question to be asked as a Dorothy Dixer. I would have thought this would be one of the first questions from the Opposition—it is supposedly the champion of western Sydney and has talked of the fear in the community as a result of shootings. I would have thought that the Opposition would be trying to look after western Sydney. But no, the Government had to get one of its members to ask the question so it could tell the good news to the people of western Sydney.

The $400 million widening project will be funded by Interlink Roads, with the New South Wales Government extending the M5 concession by 3.3 years, which is less than the four years suggested when the project was promised by the Government during the election campaign. It is also within the range recommended by the independent consultant who reviewed the commercial terms and the M5 widening proposal. The New South Wales Government will provide $50 million in funding for noise abatement measures to address community concerns. That is a good idea. Is it a good idea? No, those opposite are not even happy with that— whinging, whining Labor. There will be no increase in car tolls to fund the project. Truck tolls will be lifted from 2.25 times to three times the value of car tolls.

The PRESIDENT: Order! I call the Hon. Linda Voltz to order for the first time.

The Hon. DUNCAN GAY: This will be phased in across two years following completion of the widening, which is in line with the Government's election commitment. The current cash-back scheme will be retained. Did I hear Opposition members saying earlier that they want to get rid of it? There is silence now. Those opposite are heroes when sitting on the back bench with anonymity but when we challenge them to put their name out there, despite the extra cost of cash-back, they are suddenly quiet. The M5 South West Motorway widening will save the 90,000 motorists who use the road each day up to an hour a week. While it is under construction it will support up to 500 jobs— [Time expired.]

The Hon. JOHN AJAKA: I ask a supplementary question. Would the Minister elucidate upon his answer?

The Hon. DUNCAN GAY: The M5 South West Motorway is one of Sydney's busiest road corridors and the widening will benefit—

Dr John Kaye: It is outrageous.

The Hon. DUNCAN GAY: I will tell the member what is outrageous: standing behind the Socialist Alliance flag. How dare Dr John Kaye tell this Government what is outrageous. The M5 is one of Sydney's busiest road corridors. The widening will benefit motorists and freight operators travelling the full length of the motorway as well as those making shorter trips. It is a fact that more than half the motorists travelling eastbound on the M5 leave the motorway before the start of the M5 East Motorway. This means that traffic will be significantly reduced before it even reaches King Georges Road. Furthermore, for westbound residents using the motorway in the afternoon peak period travel times will be improved by up to 12 minutes. 8052 LEGISLATIVE COUNCIL 14 February 2012

Those opposite know it is a good project. They are just whingeing and whining because they failed to negotiate a deal to deliver infrastructure that the people of western Sydney needed and deserved. This major infrastructure project for western Sydney is a win for motorists and a win for the State's economy. What was the classic whinge those opposite had when the Government announced this breakthrough that they could not achieve? They asked, "Why have they not done the M5 East?" The answer is, "You have to start somewhere." The Government started and locked something in place. Those opposite put out glossy brochures, press releases and spin for 16 years and did not do anything. To fix this road we have to start something, and this Government has started. [Time expired.]

SEX TRAFFICKING

Reverend the Hon. FRED NILE: I ask the Minister for Police and Emergency Services, representing the Premier, a question without notice. Is the New South Wales Government aware there have been further reports of sexual slavery and human trafficking being conducted by legal brothels in New South Wales, such as the Diamonds 4 Ever brothel in Guilford, Sydney? Is it a fact that this legal brothel forced three young girls from Thailand to work as sex slaves? Is it a fact that last week the brothel owner, Song Chhoung Ea, was arrested by the Australian Federal Police and charged with human trafficking offences? Does the Government acknowledge that it cannot trust legal brothels to stop exploitation of young girls? What action will the Government take to stop this abuse?

The Hon. MICHAEL GALLACHER: I thank the honourable member for his question and indicate that this Government is committed to the development of a brothel licensing and regulatory authority to eliminate illegal brothels and to ensure that legal brothels comply with the law. In developing this regulatory approach the Government will consult with key stakeholders. It wants to create a safer environment for everyone—sex workers, their clients and the community. Whilst many brothels comply with the law, in some instances illegal operations are putting the health of their workers, their clients and the community at risk. There are suggestions that some brothels may become a haven for organised criminal gangs.

The example given by Reverend the Hon. Fred Nile is different and an indication of how serious a concern this is to the community, and most certainly to the Government. Many industries have a strong regulatory framework around them. This provides protection for consumers, safeguards community interests and ensures a safe working environment for the employees. The regulatory framework that the Government will propose for the brothel industry is intended to achieve similar results and to close down illegal brothels, forcing those operators out of the industry. There is the regulatory side, in terms of noncompliance, but then there is the potential for organised crime to be involved. That would move into the domain of one of the—

Reverend the Hon. Fred Nile: Who will enforce it?

The Hon. MICHAEL GALLACHER: In respect of organised crime, that will be the role of the New South Wales Police Force. I am suggesting to the honourable member that the Government will ensure that a strengthened approach to compliance occurs by improving the coordination of councils and their compliance officers with State Government agencies such as WorkCover New South Wales, NSW Health and the New South Wales Police Force.

STATE ECONOMY

The Hon. MICK VEITCH: My question is directed to the Minister for Finance and Services, representing the Treasurer. Is the Minister aware of Australian Bureau of Statistics data, released on 19 January, showing that the New South Wales economy has lost more than 35,000 jobs since his Government took office? Given that the Government's election commitment entitled "Jobs Action Plan" promised to offer payroll tax incentives to the first 100,000 new jobs created in New South Wales, will the Minister advise the House how much money his Government has spent to lose 35,000 jobs from the New South Wales economy?

The Hon. GREG PEARCE: That is the second question directed to me that actually has some substance to it. I can say on behalf of the Treasurer, as well as in my capacity as Minister for Finance: Yes, we are aware of the statistics. Since we came to government we have continually expressed our concern about the difficult financial times that we as the Government and the State as a whole face as we go forward. The member did his best to develop a question, but the question reflects his ignorance of matters economic or, for that matter, international. It appears he does not know there was a global financial crisis, and that the follow-on effects of the global financial crisis are causing great difficulties for governments and economies all round the world. 14 February 2012 LEGISLATIVE COUNCIL 8053

The member may now be aware of some of the difficulties in Europe, but he does not seem to understand that in these circumstances New South Wales needs a government that is supported by an opposition. I call on the member, and his diminished team, to express their support for initiatives such as our payroll measurers and our record infrastructure spend. I give them the chance now to show some responsibility— responsibility they did not show in all their 16 years in office. Here is the challenge I issue to the member: Go out and say to the people of New South Wales that he is interested in having a strong economy, that he is interested in dealing, in a bipartisan way, with some of the major issues that we face as we go forward.

The Leader of the Opposition in this House—the Mark Latham of the New South Wales Labor Party— time and again has tried to scare the community. He has been to Port Kembla, Gosford and Newcastle trying to scare people. When he goes to those places he bullies and tries to scare the communities. He scaremongers that their jobs are at risk. Indeed, he encourages people to illegally strike, to stay away from work during the day. But we know he has a glass jaw. I am surprised he has not taken a bite today; he usually does. I challenge the Hon. Mick Veitch to go out into the community and, in a bipartisan approach, tell them he supports a strong economy and that he is prepared to support the measures that the Government is taking to try to ensure that New South Wales has a strong economy going forward. Then people may start to respect him.

FLOODS

The Hon. RICK COLLESS: My question is directed to the Minister for Police and Emergency Services. Will the Minister provide the House with an overview of the complexity and enormity of the Moree, North Coast and mid North Coast flooding?

The Hon. MICHAEL GALLACHER: I thank the member for his question as it gives me an opportunity to reflect on the outstanding work done by our emergency services personnel, particularly State Emergency Service personnel. The New South Wales State Emergency Service is the combat agency for storms, floods and tsunamis, and is the lead agency for coordination of all other agencies during such events. As members are aware, from 23 January 2012 a severe weather and flooding event commenced as a result of significant rainfall across the north-west, mid North Coast and North Coast of New South Wales, resulting in flooding on 20 river systems. Nine of those 20 river systems reached major levels. Flooding in Moree has been major, with the Mehi River recording the highest peak since February 1955, exceeding the 1976 Moree flood levels. The rainfall during the event has been extreme, recording in excess of 186 millimetres in saturated catchments, with Coffs Harbour recording 123 millimetres in just six hours.

There have been a total of seven evacuation orders affecting 4,241 members of the community. Total isolations affected 16,600 people and, as we speak, approximately 6,900 people are isolated. The number of community warnings issued to the public has been in excess of 227. Included in that figure are six flood watches and 203 flood bulletins. During this event the State Emergency Service responded to more than 4,000 requests for assistance—an extraordinary effort on behalf of the State Emergency Service volunteers—and successfully completed 101 separate flood rescues. This major flooding has involved the use of aircraft over a number of regions. Those included 21 rotary wing aircraft, one Airview with live stream footage and one Westpac Lifesaver aircraft with night capability. This also involved two fixed-wing aircraft and two Defence aircraft with night capability—that is, Blackhawks—following a request through Defence Air Civil Community. Aircraft taskings have included flood rescue, emergency evacuations, resupply and movement of resources.

As we see regularly, agencies have worked together to respond to this emergency. Several liaison officers were based at the New South Wales State Emergency Service State headquarters, which included New South Wales Police, the Emergency Management Unit, Disaster Welfare Services, the NSW Rural Fire Service, Fire and Rescue NSW, the State Emergency Recovery Controller, Engineering Services and NSW Health. To date, approximately 1,400 New South Wales State Emergency Service volunteers have committed their time to assist these communities in need. This includes almost 300 volunteers from other regions in New South Wales, from as far away as Sutherland, Randwick and the Southern Highlands.

When I was in Moree last week I met a couple of young people who were pretty tired and battered— obviously, they had had a couple of rough days assisting the people of Moree. I expected them to tell me they were locals. I said, "Where are you from?" A young woman said, "I'm from Randwick." A young fellow said, "I'm from Botany." This is remarkable. They had never been to that part of the State, and they had never had to deal with the isolation experienced in that context. For many, it was probably the first time they had dealt with Aboriginal communities that needed assistance. They had to work to relieve the isolation that a number of people in that community were experiencing. The mosquitoes now plaguing that area are a health issue for many people and will create a tough time for many locals into the future. We must remind ourselves of what is happening in this area as we speak. 8054 LEGISLATIVE COUNCIL 14 February 2012

FIREARMS REGISTRATION

Mr DAVID SHOEBRIDGE: My question is addressed to the Minister for Police and Emergency Services. Of the firearms seized by police in Sydney over the past 12 months, how many firearms seized were legally registered firearms, and how many of the firearms seized were once legally registered firearms? Are these figures that the police are tracing?

The Hon. MICHAEL GALLACHER: Yes, they are. I have asked for an examination of all firearms that have been taken into police possession. Mr David Shoebridge has been outspoken on these issues in the past. It will come as no surprise to him that organised crime groups do not recognise State boundaries. In New South Wales we are restricted in our ability to go beyond those boundaries and very little correlation has occurred at a national level.

Mr DAVID SHOEBRIDGE: What are you doing about data sharing with the other crime databases?

The Hon. MICHAEL GALLACHER: The Australian Crime Commission is collating information about all firearms that have been seized around the nation over the past 12 months and has started to profile those firearms. As the honourable member has often said, guns can come into the hands of criminals as a result of break and enters, armoured guard robberies or some other process. Also, the situation can occur where guns come into the country without any record of them—they do not have serial numbers—and they are used in the commission of offences. That situation goes beyond New South Wales Police and State jurisdictions; it involves customs and the Federal Government. I thank the honourable member for a very sensible question requesting information on the full scope of this issue. When the figures are available I assure the honourable member that I will make such information publicly available.

If members have further questions they should place them on notice.

DEFERRED ANSWERS

The following answers to questions without notice were received by the Clerk during the adjournment of the House:

DEPARTMENT OF TRADE, INVESTMENT, REGIONAL INFRASTRUCTURE AND SERVICES

On 8 November 2011 the Hon. Steve Whan asked the Minister for Roads and Ports, representing the Deputy Premier, a question without notice regarding the Department of Trade, Investment, Regional Infrastructure and Services. The Deputy Premier provided the following response:

The Department of Trade and Investment, Regional Infrastructure and Services is a cluster of agencies which has a clear corporate structure covering a range of regulatory and investment attraction functions. The governance arrangements ensure that the regulators and business development functions are independent of each other.

The regulatory agencies are responsible for communicating the requirements of the law and providing adequate information to industry participants.

UPPER LACHLAN SHIRE WATER INFRASTRUCTURE

On 9 November 2011 the Hon. Robert Borsak asked the Minister for Finance and Services, representing the Minister for Local Government, a question without notice regarding upper Lachlan shire water infrastructure. The Minister for Local Government provided the following response:

The Government has announced the establishment of the Local Government Infrastructure Renewal Scheme [LIRS] to assist those councils with legitimate infrastructure backlogs to cover the cost of borrowing. The subsidy aims to provide an incentive to councils to make greater use of debt funding to accelerate investment in infrastructure backlogs and augment funding options already available to councils. The member is advised that the Guidelines for the Scheme will be released to all NSW councils by the Division of Local Government shortly.

As this project is for backlog water infrastructure, if the Upper Lachlan Shire Council does not have sufficient reserves in its Water Fund, it may be in a position to borrow money to match the Federal Government's contribution. Council could fund the borrowing by increasing its water supply access and usage charges, which are not constrained by the rate peg, and apply for LIRS assistance if the project meets the criteria that will be included in the Guidelines.

The NSW Office of Water is the lead agency for issues relating to water infrastructure in regional NSW and manages the Government's funding programs for water infrastructure. The Honourable Member may therefore wish to ensure that Council has made inquiries with the Office of Water to see whether its project meets the criteria for any of its funding programs. 14 February 2012 LEGISLATIVE COUNCIL 8055

MURRAY-DARLING BASIN FISHWAYS

On 9 November 2011 the Hon. Robert Brown asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding Murray-Darling Basin fishways. The Minister for Primary Industries provided the following response:

Over $70 million has been spent on improving fish passage in the Murray-Darling Basin, the bulk of which has been funded through the Total Asset Management Program for the State Water Corporation and the Sea to Lake Hume project for the Murray-Darling Basin Native Fish Strategy. This work has improved fish passage, successfully allowing fish to migrate. However, many of our native fish are still threatened.

There are still a number of major problems for native fish within the Murray-Darling Basin including over 10,000 remaining barriers to fish passage in New South Wales, poor water quality, changed river flows, degraded riparian vegetation and increased populations of pest fish such as carp.

To address these issues, the New South Wales Government has specific programs in place to facilitate the survival of threatened native species through comprehensive recovery efforts as well as working to protect aquatic habitat, understand the ecology of our native fish species and ensuring compliance by the community with the States' recreational fishing laws.

The work carried out by the Department of Primary Industries has excelled in addressing the degradation of aquatic habitats through the establishment of the Aquatic Habitat Rehabilitation [AHR] program. Through collaborations with the Commonwealth, other State agencies, regional natural resource managements [NRM] organisations, local councils and an array of community groups, the AHR program has carried out works across the State. These works have delivered improvements to fish passage at over 200 sites providing access to more than 2,000 km of riverine habitat, returning in excess of 5,000 large woody habitats, or snags, to New South Wales rivers and supporting community driven habitat rehabilitation projects at hundreds of sites with funding through the Recreational Fishing Trust.

In 2010 actions within this program were recognised with the Banksia Award for environmental excellence in the water category.

The Government has also supported the implementation of the award-winning Williams' carp trap which separates adult carp moving through fishways into a holding area while automatically releasing close to 100 per cent of native fish, untouched and unharmed.

Further, the Government is moving to address the issues of cold water pollution, and has an interagency working group looking into the problems of cold water pollution from the State's dams.

Cold water pollution works will be delivered in conjunction with existing dam safety upgrade works for maximum cost effectiveness.

WILD DOGS

On 9 November 2011 the Hon. Walt Secord asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding wild dogs. The Minister for Primary Industries provided the following response:

The primary legislation concerning wild dog control is the Rural Lands Protection Act 1998, which places the onus for wild dog control on occupiers of land.

In the north-east of the State the North Coast Livestock Health and Pest Authority assists landholders by providing baits and traps, providing advice on control methods and by forming groups of landholders to undertake coordinated wild dog control activities.

Baiting is arguably the most effective method of wild dog control. I am advised that between 1 August and 31 October 2011, wild dog baiting has been undertaken on 39 individual properties in the area. In addition to this, occupiers of 30 other properties have taken part in ten group baiting programs. The total area involved in such baiting has been approximately 8,400 hectares.

CRONULLA FISHERIES RESEARCH CENTRE

On 9 November 2011 the Hon. Cate Faehrmann asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding the Cronulla Fisheries Research Centre. The Minister for Primary Industries provided the following response:

The decision to relocate the Cronulla Fisheries Centre was part of the New South Wales Government's policy "Decade of Decentralisation". The fishing industry provides many social and economic benefits to many regional communities across NSW, including providing many direct and indirect employment opportunities.

PROSTITUTION

On 10 November 2011 Reverend the Hon. Fred Nile asked the Minister for Police and Emergency Services, representing the Premier, a question without notice regarding prostitution. The Attorney General provided the following response:

The Government will give due consideration to the honourable Member's bill when it is introduced into the Parliament. 8056 LEGISLATIVE COUNCIL 14 February 2012

PRESCHOOL FEES

On 10 November 2011 the Hon. Dr John Kaye asked the Minister for Roads and Ports, representing the Minister for Education, a question without notice regarding preschool fees. The Minister for Education provided the following response:

The Department of Education and Communities has conducted an annual Preschool Census since 2003. The census gathers a range of information, including the number of children attending preschool classes in public schools. The Department will continue to conduct the annual Preschool Census.

WHOOPING COUGH

On 10 November 2011 the Hon. Paul Green asked the Minister for Police and Emergency Services, representing the Minister for Health, a question without notice regarding whooping cough. The Minister for Health provided the following response:

Since 2009 the adult whooping cough booster vaccine program has been available to all new parents, grandparents and regular carers of infants less than 12 months of age throughout New South Wales. In May 2011 the NSW Government announced that this program will be extended until at least December 2011. To 25 November 2011,842,000 doses have been distributed.

The free vaccine is part of a wider community education campaign aimed at raising awareness about the dangers of whooping cough, with the aim of saving lives through increased vaccination rates in the community. In addition, NSW general practitioners have also been urged to begin infant immunisations at six weeks of age, rather than at eight weeks, in an effort to provide earlier immunity to the youngest infants who are at greatest risk of severe infection.

At a regional level, the North Coast Public Health Unit has been actively addressing the whooping cough outbreak and has undertaken a number of locally targeted actions:

• Routine follow-up of high-risk whooping cough cases in accordance with New South Wales and national whooping cough protocols and performance of enhanced surveillance activities to identify localised clusters of whooping cough in the community;

• Provision of advice to local general practitioners about the whooping cough outbreak, including recommendations for diagnosis, antibiotic treatment of cases and management of their contacts and provision of regular whooping cough updates to other local immunisation service providers;

• Development and distribution of a whooping cough flowchart to assist general practitioners to diagnose and manage cases appropriately;

• Provision of verbal and written advice to schools, child care and family day care centres with cases of whooping cough that outlines the nature of disease, signs and symptoms and the steps to reduce spread;

• Development of a card entitled "Tips on protecting your new baby from infectious diseases" and distribution to maternity units, child and family healthcare teams and mothers' groups;

• Sending of reminders to directors of medical services and midwives about the need for and availability of free whooping cough vaccine boosters for new parents, new grandparents and others who regularly care for infants;

• Provision of individual advice to health care facilities, schools, child care centres, family day care centres, general practitioners, families and members of the public about strategies for avoiding whooping cough infection and provision of a short whooping cough message to schools to be included in school newsletters; and

• Provision of frequent updates to local newspaper, television and radio media about local whooping cough activity in the area.

ELECTRICITY ASSETS SALE

On 10 November 2011 the Hon. Michael Veitch asked the Minister for Finance and Services, representing the Treasurer, a question without notice regarding the electricity assets sale. The Treasurer provided the following response:

The Government is delivering on its election commitment by implementing the recommendations of the Tamberlin inquiry and retaining the poles and wires in public hands.

ABORIGINAL LANGUAGES

On 10 November 2011 the Hon. Jan Barham asked the Minister for Roads and Ports, representing the Minister for Education, a question without notice regarding Aboriginal languages. The Minister for Education provided the following response:

The Department of Education and Communities expenditure for Aboriginal languages for the calendar year 2011 is estimated to be in the vicinity of $1 million.

The Board of Studies, within its salary budget, employs an Inspector, Aboriginal Education, a Senior Curriculum Officer for Aboriginal Education and Languages and an Administration Support Officer to support a range of specific statewide curriculum projects at a cost of $371,000. Some of these board projects support Aboriginal communities in the implementation of Aboriginal languages programs in both government and non-government schools across New South Wales. 14 February 2012 LEGISLATIVE COUNCIL 8057

The board's activities have focused on supporting the implementation of its Aboriginal Languages K-10 syllabus and support materials, developed in 2003, facilitating school and Aboriginal community partnerships and providing specialist support to Aboriginal community language teachers. Project funds of $106,000 have been allocated for ongoing language support to enhance the current support materials and to provide additional teaching resources for Aboriginal languages.

The Aboriginal Education Advisory Committee provides ongoing advice to the Board of Studies about the quality and suitability of curriculum and resources, including Aboriginal languages.

NATIONAL TRUST PROPERTIES

On 10 November 2011 the Hon. Robert Borsak asked the Minister for Finance and Services, representing the Minister for Heritage, a question without notice regarding National Trust properties. The Minister for Heritage provided the following response:

I am concerned about the sustainability of the operations of the National Trust of Australia (New South Wales). I requested the trust engage in a full and frank disclosure of its financial affairs with the Government and its membership.

Questions regarding the contribution particular tourism experiences make to the New South Wales tourism industry would be more appropriately put to the Leader of the Government in the Legislative Council representing the Minister for Tourism, Major Events, Hospitality and Racing.

The Government remains committed to protecting our State's significant regional heritage assets and recognises the important role a sustainable trust has in our community. I would like to be satisfied the trust has the capacity to manage an increased budget and that such an increased budget would remedy the Trust's financial situation. It is on this basis I have asked the Office of Environment and Heritage to organise a performance review of the trust. An appropriate organisation or person will be appointed to lead the review and will report back to me by early 2012. The review will provide the Government with advice on possible models to ensure the sustainability of the trust. I have asked the board and management of the trust to give their full cooperation during the review.

INFRASTRUCTURE NSW STAFFING ARRANGEMENTS

On 11 November 2011 the Hon. Robert Brown asked the Minister for Police and Emergency Services, representing the Premier, a question without notice regarding Infrastructure NSW staffing arrangements. The Premier provided the following response:

The New South Wales Government has established a Public Service Commission to help drive reform and strengthen professionalism and integrity in the New South Wales public sector. We are determined to make the New South Wales public sector the best in the nation and a leader in the world.

DOYLES CREEK TRAINING MINE

On 11 November 2011 the Hon. Jeremy Buckingham asked the Minister for Roads and Ports, representing the Minister for Resources and Energy, a question without notice regarding the Doyles Creek training mine. The Minister for Resources and Energy provided the following response:

I can advise that the New South Wales Parliament has formally referred the awarding of the Doyles Creek exploration licence by the former Minister for Mineral Resources, Ian Macdonald to the Independent Commission Against Corruption.

ASIAN BEES

On 11 November 2011 the Hon. Robert Borsak asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding Asian bees. The Minister for Primary Industries provided the following response:

We are working closely with our counterparts in Biosecurity Queensland and the Commonwealth, and with the apiary industry, to keep Asian bees contained in north Queensland.

Asian bees are listed as notifiable pests in New South Wales and are also listed under the Animal Diseases (Emergency Outbreaks) Act 1991. All suspected cases of Asian bees reported in New South Wales are promptly investigated by our Primary Industries staff, and all cases to date have been confirmed to be negative.

The potential impact of Asian bees in the Australian environment cannot be fully quantified; however, in Asian countries such as China, European bees are successfully managed in areas where Asian bees are present.

"BLUE BOOKS" INFORMATION ACCESS

On 22 November 2011 the Hon. Adam Searle asked the Leader of the Government, representing the Premier, a question without notice regarding the "blue books" information access. The Premier provided the following response:

Agencies are not subject to direction by Ministers in relation to decisions under the Government Information (Public Access) [GIPA] Act. Ministers have no statutory role in the decision-making process. Each GIPA application must be independently decided by agencies according to the statutory framework set out under that Act. 8058 LEGISLATIVE COUNCIL 14 February 2012

PRIVATE RESIDENTIAL ACCOMMODATION

On 22 November 2011 the Hon. Jan Barham asked the Minister for Finance and Services, representing the Minister for Disability Services, a question without notice regarding private residential accommodation. The Minister for Disability Services provided the following response:

The Interdepartmental Committee [IDC] on shared private residential accommodation is considering future reform of boarding house style accommodation.

The committee's deliberations on the form of regulation that should apply for the boarding house industry in New South Wales will be informed by the Social Policy Committee's Inquiry into International Student Accommodation. The report of that inquiry was released on 24 November 2011.

The considerations of the Interdepartmental Committee do not extend to aged care facilities, disability accommodation or tourism accommodation, which are subject to different legislation.

COAL SEAM GAS EXPLORATION

On 22 November 2011 the Hon. Penny Sharpe asked the Minister for Emergency Services, representing the Minister for Resources and Energy, a question without notice regarding coal seam gas exploration. The Minister for Resources and Energy provided the following response:

The Liberal and Nationals Government is actively implementing its own election commitments on this issue through the Strategic Regional Land Use Policy.

The honourable member may be aware that the current Government's policy was developed in response to concerns raised by the community in relation to coal seam gas exploration licences issued by the former Labor Government.

ORANGE PIPELINE PROJECT

On 22 November 2011 the Hon. Robert Brown asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding the Orange pipeline project. The Minister for Primary Industries provided the following response:

The New South Wales and Australian governments are providing financial assistance to Orange City Council towards the investigation, design and construction costs of the Macquarie River to Orange pipeline in accordance with an Implementation Plan executed by the two governments. Under the provisions of the Implementation Plan, payments to Orange City Council are made on the basis of achieving defined milestones. One of these milestones is the completion of an Environmental Assessment and the settlement of all necessary approvals. If all necessary approvals are granted by the New South Wales and Australian governments and Orange City Council determines to proceed with the construction of the pipeline then funding will be provided by the two governments for the construction of the pipeline. The current investment by the two governments and Orange City Council is enabling all investigations and environmental studies to be undertaken, without the ratepayers of Orange being subjected to meeting the full cost of the investigations.

Consultants are currently preparing an Environmental Assessment of the proposed Macquarie River pipeline link to Orange project. The final decision on the project will be based on the outcomes of the Environmental Assessment and review of submissions received, and falls within the portfolio responsibilities of the Minister for Planning and Infrastructure.

The environmental assessment process will need to address potential impacts on listed threatened species and their habitat, including Trout Cod, and outline how the proposal may or may not be consistent with relevant recovery and threat abatement plans.

The option to purchase a licence is a commercial decision for council and, as Minister, it is not appropriate to intervene in this commercial matter.

COAL SEAM GAS EXPLORATION

On 22 November 2011 the Hon. Jeremy Buckingham asked the Minister for Roads and Ports, representing the Minister for Resources and Energy, a question without notice regarding coal seam gas exploration. The Minister for Resources and Energy provided the following response:

Access arrangements are negotiated between landholders and the holder of an exploration licence. If agreement cannot be reached, the matter may be taken to arbitration for determination.

Either party can challenge an arbitrator's determination in the Land and Environment Court.

New South Wales Trade and Investment has no involvement in access arrangements.

COOKS RIVER CONTAMINATION

On 22 November 2011 the Hon. Paul Green asked the Minister for Finance and Services, representing the Minister for the Environment, a question without notice regarding Cooks River contamination. The Minister for Finance and Services provided the following response: 14 February 2012 LEGISLATIVE COUNCIL 8059

Contamination has been found to be leaking from both Sydney Water and private sewerage systems. Sydney Water makes every effort to detect and fix leaks in their system. Leaks from private sewerage systems have been referred to council.

Sydney Water has several programs to address this issue, and has committed $71.6 million in 2011-12 to rehabilitate sewer mains and other infrastructure.

The Minister for the Environment also provided the following response:

The Environment Protection Authority [EPA] is currently reviewing both the dry weather leakage and wet weather overflow abatement programs across all Sydney Water systems, including the Cooks River. The Environment Protection Authority has in place licences which require investment both to prevent and rectify overflow problems. The Environment Protection Authority regularly reviews these programs. The adequacy of any works undertaken to address problems with overflows is also evaluated by the Environment Protection Authority.

GIRRAWEEN VEGETATION DAMAGE

On 23 November 2011 the Hon. Penny Sharpe asked the Minister for Roads and Ports a question without notice regarding Girraween vegetation damage. The Minister for Roads and Ports provided the following response:

None.

PLATYPUS PROTECTION

On 23 November 2011 the Hon. Walt Secord asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding platypus protection. The Minister for Primary Industries provided the following response:

I am advised that New South Wales Department of Primary Industries staff work with platypus protection groups across the State, including advice on signage.

Fisheries officers undertake patrols across the State to detect and deter the use of illegal fishing methods.

BANKSTOWN INCOME MANAGEMENT TRIAL

On 23 November 2011 the Hon. Jan Barham asked the Minister for Finance and Services, representing the Minister for Family and Community Services, a question without notice regarding the Bankstown Income Management Trial. The Minister for Family and Community Services provided the following response:

The first step in the Child Protection Income Management referral process involves the Department of Family and Community Services confirming with Centrelink that the client is receiving Commonwealth income support. This involves Community Services providing Centrelink with identifying information about the client.

When Community Services refers a client, additional information will be provided to assist Centrelink determine how quarantined income should be spent so as to benefit the children. Community Services will also provide advice about whether the client requires additional assistance, such as an interpreter.

Housing NSW also has responsibility for referring suitable clients who are at risk of homelessness due to rental arrears to Centrelink. Tenants may qualify for the program under the vulnerability criteria for income management.

HARNESS RACING

On 23 November 2011 the Hon. Helen Westwood asked the Minister for Police and Emergency Services a question without notice regarding harness racing. The Minister for Police and Emergency Services provided the following response:

The NSW Police Force has advised me:

In response to allegations about corruption and race fixing in the harness racing industry, Strike Force Tairora was formed with detectives from the Casino and Racing Investigation Unit and the Organised Crime Squad. On 24 November 2011, after executing a number of search warrants, the Strike Force Detectives charged three men with a number of offences related to corruption. Investigations are continuing.

NETHERLANDS WIND TURBINES

On 23 November 2011 the Hon. Robert Brown asked the Minister for Roads and Ports, representing the Minister for Resources and Energy, a question without notice regarding Netherlands wind turbines. The Minister for Resources and Energy provided the following response:

I am aware of many reports that reference the costs of renewable energy and wind generation.

The New South Wales Government is currently developing the Renewable Energy Action Plan, which will outline this State's approach to renewable energy.

In developing this plan, a joint industry-government task force will ensure that consideration is given to existing reports and research from around the world. 8060 LEGISLATIVE COUNCIL 14 February 2012

ELECTRICITY ASSETS SALE

On 24 November 2011 the Hon. Luke Foley asked the Leader of the Government, representing the Premier, a question without notice regarding the electricity assets sale. The Premier provided the following response:

The Government has publicly announced its response to the Tamberlin Inquiry.

SHARK PATROLS

On 24 November 2011 the Hon. Paul Green asked the Minister for Roads and Ports, representing the Minister for Primary Industries, a question without notice regarding shark patrols. The Minister for Primary Industries provided the following response:

The New South Wales Liberals and Nationals Government will provide around $1.4 million in 2011-12 for an integrated suite of shark safety protection measures including:

• The Shark Meshing (Bather Protection) Program.

• The public awareness program "SharkSmart", which is designed to inform and educate water sports enthusiasts about the ways to reduce the risk of a shark bite incident.

• The Shark Incident Response Plan, which provides a coordinated government response to shark-related incidents.

• $200,000 for continuation of aerial surveillance trials.

• $30,000 funding to build observation towers.

Weather permitting, the 2011-12 aerial trial will take place each weekend, Wednesday and public holiday between 21 December to 29 January. The trial will operate from Newcastle to Mollymook and include two components:

• a fixed-wing survey of the near shore waters between Wollongong and Newcastle;

• a survey between Cronulla and Mollymook utilising both fixed-wing and rotor aircraft. This second component will comprise the helicopter following the fixed-wing to enable direct comparison in sighting abilities between these two aircraft, while also providing information about sightings outside the operational area of the Shark Meshing (Bather Protection) Program.

FEMALE DRINK-DRIVING

On 24 November 2011 Reverend the Hon. Fred Nile asked the Minister for Police and Emergency Services, representing the Minister for Health, a question without notice regarding female drink-driving. The Minister for Police and Emergency Services provided the following response:

The NSW Police Force has advised me:

The statistics recently released by the Bureau of Crime Statistics and Research actually indicate that the total figure of both male and female drivers convicted of drink-driving is 21,776. The number of females convicted was 4,406—down from 4,593 in 2009-10 and from a high of 4,897 in 2008-09.

The reason for an increase in the percentage of females convicted of drink-driving, as reported in a recent media article, is that the number of males convicted of the same offence dropped even more—from 18,582 in 2009-10 to 17,370 in 2010-11.

The NSW Police Force has in place a robust drink-driving regime targeting all drivers irrespective of age and gender.

The Minister for Health and Minister for Medical Research has advised that NSW Health does not have any statutory involvement with respect to drink-driving convictions, action taken to reduce the incidence of drink- driving, or the legal drinking age.

The Minister for Health also has provided the following response:

NSW Health does not have any statutory involvement with respect of drink driving convictions, action taken to reduce the incidence of drink-driving, or over the legal drinking age.

These would appear to be matters best addressed by the Minister for Police and Emergency Services and should be responded to by that Minister accordingly.

COMMUNITY AND GOVERNMENT ENGAGEMENT

On 24 November 2011 the Hon. Jan Barham asked the Minister for Police and Emergency Services, representing the Premier, a question without notice regarding community and government engagement. The Premier provided the following response:

The New South Wales Government is committed to NSW 2021, Goal 32 "Involve the community in decision making on Government policy, services and projects". 14 February 2012 LEGISLATIVE COUNCIL 8061

Targets for this goal include:

• increased proportion of people who feel able to have a say on issues that are important to them;

• increase opportunities for people to participate in local government decision-making; and

• increase visits to government websites and the number of submissions received from the community.

The New South Wales Government has already taken steps to provide a central government website where communities can have their say on New South Wales Government plans to improve services and quality of life as outlined in the State Plan.

On 6 September 2011 "Have Your Say", a consultation section on the New South Wales Government website, was launched. "Have Your Say" (www.nsw.qov.au/haveyoursay) provides an easy-to-use platform for the community to have their say on government policies and plans. The site is administered centrally with individual departments managing each community engagement program.

The website has also hosted discussions with the community about the Local Schools, Local Decisions Hub Strategy and the North West Rail Link.

There are improvements to the website planned, which include:

• Increased promotion of the service to the public.

• Enabling different functionality, such as live chats and video blogs.

• Working with departments to ensure:

◦ the website links to other established consultation programs not currently part of the "Have Your Say" platform to provide a single access point to all consultations currently run across Government.

◦ the service meets their consultation needs.

The New South Wales Government is also committed to establishing Service NSW to provide a customer-friendly government web portal.

The Government will be continuing to implement expansion of this service to make it even simpler for local communities to have their say.

Questions without notice concluded.

COMMITTEE REPORTS

The PRESIDENT: Order! According to sessional orders, debate on committee reports takes precedence after questions on Tuesday until 6.30 p.m. Although there are no committee reports on today's Notice Paper, five reports were either tabled or, having been received out of session, announced to the House today. For all but one report a motion was moved that the House take note of the report. In each case the debate was adjourned until a later hour. I refer members to Standing Order 232, Debate on committee reports. Paragraph (2) states:

(2) At the conclusion of the speech of the mover, the debate is to be adjourned to the next day on which committee reports have been given precedence.

I will therefore call over each of the reports tabled or announced to the House today in the order in which they were tabled or announced. The mover of each take-note motion may give a speech of not more than 15 minutes at the conclusion of which each debate will be adjourned.

GENERAL PURPOSE STANDING COMMITTEE NO. 2

Report: Budget Estimates 2011-2012

Debate called on, and adjourned on motion by the Hon. Marie Ficarra and set down as an order of the day for a future day.

GENERAL PURPOSE STANDING COMMITTEE NO. 3

Report: Budget Estimates 2011-2012

Debate called on, and adjourned on motion by the Hon. Natasha Maclaren-Jones and set down as an order of the day for a future day. 8062 LEGISLATIVE COUNCIL 14 February 2012

STANDING COMMITTEE ON LAW AND JUSTICE

Report: Fourth Review of the Exercise of the Functions of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council

Debated resumed from an earlier hour.

The Hon. DAVID CLARKE (Parliamentary Secretary) [5.03 p.m.]: I am pleased to commence debate on report No. 47 of the Standing Committee on Law and Justice entitled "Fourth Review of the Exercise of the Functions of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council." The report was tabled with the Clerk of the Legislative Council on 20 December 2011. As it is a committee with new membership, I start by thanking my fellow committee members for their considered and collaborative approach to this review and for the production of this bipartisan report. The report and its 14 recommendations were adopted unanimously. I also thank the committee secretariat—Rachel Callinan, Miriam Gillen and Lynn Race—for their ongoing professional support.

The Lifetime Care and Support Scheme is a New South Wales government initiative administered by the Lifetime Care and Support Authority. It provides treatment, rehabilitation and care for people who have been severely injured in motor vehicle accidents in New South Wales, regardless of who was at fault. The scheme commenced operation on 1 October 2006 for children under the age of 16 and on 1 October 2007 for people aged 16 and over. It is funded by a levy collected through compulsory third party insurance. Section 68 of the Motor Accidents (Lifetime Care and Support) Act 2006 requires a Legislative Council committee to supervise the exercise of the functions of the Lifetime Care and Support Authority and the Lifetime Care and Support Advisory Council. The Standing Committee on Law and Justice undertakes this role. Accordingly, this is the committee's fourth review of the scheme and its advisory council.

The committee received submissions from a number of stakeholders and heard evidence from representatives of the authority and the advisory council, the Children's Hospital at Westmead, Spinal Cord Injuries Australia, the Brain Injury Rehabilitation Directorate, the State Spinal Cord Injury Service, the Bar Association, the Australian Lawyers Alliance and the Law Society. The committee appreciates that the annual review places a burden on stakeholders to find the time to attend hearings and prepare submissions, particularly for those who are involved in the treatment and care of scheme participants. With the scheme now in its fifth year and running smoothly, the committee has recommended that future reviews take place biennially, rather than on an annual basis.

The administrative demand of the Lifetime Care and Support Scheme on stakeholders, in particular, medical professionals, has been a regular complaint and was raised again in this review. Clinicians have noted that attending to the paperwork generated by the scheme limits the time they can spend with patients. The Brain Injury Rehabilitation Directorate estimated that attending to paperwork amounted to a 25 per cent reduction in the amount of time clinicians could spend with patients. In this regard, some stakeholders suggested improved efficiencies to reduce the administrative requirements of the scheme. The committee recognises that as the scheme continues to grow the administrative burden placed on clinicians will need to be closely monitored. In the meantime, we have recommended that the Lifetime Care and Support Authority collaborate with clinicians and other service providers with a view to standardising and simplifying forms and minimising the unnecessary duplication of information.

The committee recognises that future challenges will be encountered as the scheme matures and the number of participants continues to grow. This year has been the first in which more participants are living in the community than in hospital or in rehabilitation facilities and this has meant that the scheme has had to change its focus. Accordingly, the committee's inquiry this year concentrated on participants living in the community and included their treatment plans, transitional accommodation and involvement in community activities, as well as their involvement in the governance of the scheme.

The committee recognises that in many ways the participants in the scheme are the people best placed to make suggestions for improvement. For that reason, and in line with a focus on greater community participation, the committee recommended an amendment to the Motor Accidents (Lifetime Care and Support) Act 2006 to include two participant representatives on the Lifetime Care and Support Advisory Council. The scheme covers people with serious injuries requiring lifelong care. Accordingly, eligibility will depend on the type and severity of injury and is determined on the basis of medical assessment. There are different eligibility criteria in respect to spinal cord injuries, brain injuries and other serious injuries. 14 February 2012 LEGISLATIVE COUNCIL 8063

Over the course of the committee's last four reviews we have heard that medical practitioners are concerned about the methods used to determine eligibility to the scheme. In the present review the committee again heard that the tools used to assess medical eligibility for the scheme require review. In light of these concerns, the committee has recommended that the Lifetime Care and Support Authority evaluate the current medical assessment tools used to determine eligibility to the scheme and that it consult with stakeholders in this process. A new issue raised by the Brain Injury Rehabilitation Directorate concerned the timing of medical assessments to determine individual eligibility for the scheme. People who initially have a very severe injury but improve quite quickly can miss out on interim participation in the scheme if they are not assessed soon after their initial injury. For that reason it is important that medical professionals are aware of the scheme's eligibility criteria so that assessments are conducted in a timely fashion.

The committee also heard that as scheme participants increasingly move back into the community from intensive periods in hospital and rehabilitation it is important to ensure that general practitioners understand the scheme and how it operates. To this end, the committee has recommended that the Lifetime Care and Support Authority develop and employ effective mechanisms to inform both general practitioners and acute treating teams of the Lifetime Care and Support Scheme and report on these mechanisms in the committee's next review.

The Motor Accidents (Lifetime Care and Support) Act 2006 permits the authority to enter into arrangements with scheme participants to manage their own care through periodic payments from the authority to fund their treatment and care needs. However, the authority had not yet implemented this section of the Act. One of the reasons for this was that it was waiting for a ruling from the Australian Taxation Office that any such payments made to scheme participants would not be treated as income for the purpose of taxation. However, stakeholders in this and earlier reviews have been critical of this delay. The committee was pleased to hear that in October last year the Australian Taxation Office made a ruling that, subject to certain conditions, payments from the Lifetime Care and Support Authority to individual participants in the scheme who chose to manage their own care will not be subject to taxation. The tax exemption is conditional. The funds need to be spent exclusively on the participant's care and support needs.

The committee is encouraged by the progress that has been made towards giving participants greater control over their own affairs through periodic payments to individuals to self-manage their care. Improved participant choice and more person-centred approaches to disability services underpins the Government's disability strategy and is an increasing focus of the disability sector more generally. The committee hopes that the self-management option will prove an appropriate alternative to fully opting out of the scheme and we are committed to monitoring its implementation in future reviews.

A regular theme in previous committee reviews of the scheme has been about the adequacy and independence of dispute resolution in relation to decisions made by the Lifetime Care and Support Authority. Stakeholders expressed concern that because dispute assessors are appointed by the authority they are not truly independent. In this review, the Brain Injury Rehabilitation Directorate suggested that disputes might be better resolved if they were referred to an external professional prior to escalation of the dispute to the formal dispute resolution processes under the scheme. The committee sees some merit in this idea and thus recommends that the Lifetime Care and Support Authority work with stakeholders to examine the feasibility of a more robust and independent dispute resolution process.

In previous reviews the committee identified the future challenges related to the increasing number of participants moving from rehabilitation and back into the community. Last year was the first in the scheme's history in which there were more participants living in the community than there were in hospital or rehabilitation. Thus, the authority shifted the focus of its work from intensive treatment and rehabilitation when a person is first injured to participant engagement in the community through recreation, leisure, school and vocational and employment-related services.

The committee heard that there is a lack of suitable housing for scheme participants after they leave hospital. In some cases the lack of appropriate accommodation means people cannot leave hospital when they are ready because there is nowhere for them to go. This delays a person's reintegration into the community and also causes difficulties for the hospital. To address this concern, the committee has recommended that the Lifetime Care and Support Authority investigate options for permitting participants to be discharged from hospital to interim accommodation prior to long-term accommodation having been secured.

The report acknowledges that stakeholders have raised a number of matters that have not been a specific focus of the present review. The committee has committed to considering these issues in future reviews. 8064 LEGISLATIVE COUNCIL 14 February 2012

These issues include the delay in the provision of customised equipment, the use of web-based client management, privacy concerns and ongoing concerns about greater participant choice in treatment decisions, as well as workforce availability in regional areas. The committee will monitor how the authority faces these challenges in future reviews. The committee found that as a whole the scheme is functioning effectively. The issues raised in this report, once addressed in accordance with the committee's recommendations, would see the scheme and authority continuing to develop on its positive path of delivering lifetime care and support for its participants.

The committee commends the authority and the advisory council on the success of the scheme to date. The vast majority of participants in the scheme are pleased with the way it meets their needs. The valuable provisions the scheme makes for lifelong treatment, rehabilitation and care services to people who are catastrophically injured in motor accidents in New South Wales is acknowledged by the committee. The committee notes that the New South Wales lifetime care and support model has been drawn upon by the Federal Productivity Commission in its proposed National Injury Insurance Scheme. The input from a range of stakeholders, including legal representatives, medical and rehabilitation staff, allied health professionals, disability groups and participants and their carers, has been very valuable for the review. In addition, representatives of the authority and advisory council provided extensive information on the scheme. On behalf of the committee, I express our gratitude to all stakeholders for their significant contributions. I also express my thanks to the committee secretariat for their highly professional support. I commend the report to the House.

Pursuant to standing orders debate adjourned and set down as an order of the day for a future day.

STANDING COMMITTEE ON LAW AND JUSTICE

Report: Eleventh Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council

Debated resumed from an earlier hour.

The Hon. DAVID CLARKE (Parliamentary Secretary) [5.14 p.m.]: I am pleased to commence debate on report No. 48 of the Standing Committee on Law and Justice entitled "Eleventh Review of the Exercise of the Functions of the Motor Accidents Authority and the Motor Accidents Council". The report was tabled with the Clerk of the Legislative Council on 20 December 2011. Since 2008 the committee has been required to undertake this review at least once every two years. Whilst the committee undertook its last review in 2010 with the commencement of the Fifty-fifth Parliament following the general election in March 2011, the newly re-established law and justice committee decided that it would commence the eleventh review of the Motor Accidents Authority and Motor Accidents Council this year.

With this approach the committee expects that it will be able to conduct two reviews and receive the government response to both of these reports within the four-year parliamentary term. As a committee with new membership, I thank my fellow committee members for their assistance in producing this report. Reflecting the cooperative approach of the committee, and notwithstanding robust debate, the 12 recommendations of the report were adopted unanimously, as was the report itself. I also thank the committee secretariat—Rachel Callinan, Stewart Smith and Lynn Race—for their ongoing professional support.

The eleventh review of the Motor Accidents Authority and the Motor Accidents Council examines a number of issues, with a focus including insurer profits and access to damages for pain and suffering. In addition, various aspects of the Motor Accidents Assessment Service, including the Medical Assessment Service and the Claims Assessment and Resolution Service are reviewed. The committee received 16 submissions from a variety of stakeholders. We also heard evidence from representatives of the Motor Accidents Authority, the Law Society of New South Wales, the New South Wales Bar Association and the Insurance Council of Australia. In addition, evidence was obtained from the Motor Accidents Authority and other participants through a process of written questions and answers.

As in previous reviews, the committee examined the performance of the Motor Accidents Authority with reference to four key indicators: affordability, effectiveness, fairness and efficiency. The committee was satisfied that the scheme continues to function in an appropriate manner when assessed against the broad performance indicators of affordability and effectiveness. In particular, the committee accepts that, as measured against average weekly wage, a compulsory third party [CTP] green slip is considerably more affordable now 14 February 2012 LEGISLATIVE COUNCIL 8065

compared to 10 years ago. Nevertheless, in chapters 3 and 4 of this report the committee canvasses issues that are at the core of assessing whether the scheme is fair and efficient, both in terms of compulsory third party price, injury compensation and treatment of those who are injured in a motor vehicle accident. The committee also examined the issue of health outcome measures, which has been a recurring issue in each of the committee's reports since the sixth review report. The committee acknowledges the importance of improving health outcomes for people involved in the scheme and recommends that the Motor Accidents Authority identify the development of health outcomes performance measures as a priority work area.

One of the important services provided by the Motor Accidents Authority is the provision of information about the scheme to stakeholders and the general public. It is important that people injured in a motor vehicle accident are aware of their rights and responsibilities. To do this, the authority operates a claims advisory service, including translation services, and also extensively advertises its green slip calculator. The committee acknowledges the efforts of the Motor Accidents Authority to publicise information about the compulsory third party scheme, including providing information in several community languages. It is evident to the committee that the green slip calculator is a valuable and useful tool for motor vehicle owners.

The Motorcycle Council of New South Wales raised concerns in relation to the adequacy of crash reporting data and argued that the Motor Accidents Authority required an improved crash data facility to give them better base information so that they can do their job more effectively. The Motorcycle Council recommended that New South Wales adopt a similar scheme to that which operates in Western Australia. The Motor Accidents Authority noted that Western Australia is probably a world leader in this area and that its streamlined system has led to many efficiencies ranging from faster injury management to police spending less time filling out forms and more time on the front line.

The Motor Accidents Authority informed the committee that it had recently arranged for the Western Australian Insurance Commission to give a presentation about its crash reporting scheme to stakeholders and had subsequently commissioned a scoping study for a similar system to be implemented in New South Wales. The committee welcomes the proactive approach taken by the Motor Accidents Authority and recommends that the authority release the results of the scoping study as well as the details of its recommendations in relation to implementing a similar model in New South Wales in order to inform stakeholders and provide a mechanism for stakeholder comment.

The Motor Accidents Authority derives its responsibility for injury prevention initiatives from section 206 of the Motor Accidents Compensation Act 1999. Under the Act, the Motor Accidents Authority is required to provide funding for measures for preventing or minimising injuries from motor accidents and for safety education. The Motor Accidents Authority advised the committee that while the Centre for Road Safety has been the lead government agency for road safety in New South Wales since it was established in 2008, it remains committed to working closely with the Centre for Road Safety and also will continue to provide funding for road safety initiatives. The committee notes the difficulty in determining from the authority's annual report the actual amount spent on road safety and motor vehicle injury prevention programs, and recommends that the annual report should itemise road safety grants and sponsorships as a separate line item.

The Motor Accidents Council [MAC] is an advisory group appointed for a term of three years by the Minister for Finance and Services. The role of the Motor Accidents Council is to facilitate input on the Motor Accidents Scheme from relevant stakeholders and to consider issues referred by the Motor Accidents Authority with a view to providing advice and recommendations. The committee heard from stakeholders that the Motor Accidents Council had been very active over the reporting period, and congratulates the committee's chair, Ms Aplin, and council members on their contribution to this important forum.

Insurers are required by the Motor Accidents Compensation Act 1999 to report to the Motor Accidents Authority the profit margin on which their premiums are based and the actuarial basis for calculating their profit margins. Insurers report to the Motor Accidents Authority on two types of profits: prospective profit and realised profit. A good understanding of realised profit may not be known for at least five years after the underwriting year. In the current review, a number of participants again expressed concern about the size of the profits realised by insurers. For example, the New South Wales Bar Association noted that over several years of the scheme's operation insurers had retained profits well in excess of the prospective forecasts, and concluded that there must be a fundamental flaw in the design of the scheme. In response the Insurance Council of Australia explained to the committee that insurance companies had benefited from a decrease in claim frequency, resulting in higher profit levels than had been forecast. The Insurance Council noted that the premium determination process is thorough and reviewed multiple times. 8066 LEGISLATIVE COUNCIL 14 February 2012

In relation to the argument that compulsory third party insurer profits are excessive, the Motor Accidents Authority advised that it had taken steps to strengthen its regulatory oversight. It had produced new premium determination guidelines that require greater disclosure of projected profit and rates of return by insurance companies. The Motor Accidents Authority also advised the committee that the Minister for Finance and Services, the Hon. Greg Pearce, MLC, initiated an internal review of compulsory third party pricing. The Minister has asked the Motor Accidents Authority to consider insurer profits and costs, transparency in legal costs to ensure that injured people get a fair level of their entitlement in their hand, fair and affordable compulsory third party green slip pricing, and the Motor Accident Authority's operating model to ensure the agency has optimal regulatory powers.

The committee notes that section 28 of the Motor Accidents Compensation Act 1999 requires the Motor Accidents Authority to assess the insurers' compulsory third party profit margin and the actuarial basis for its calculation and to present a report on that assessment annually to the parliamentary committee. Previously the Motor Accidents Authority responded that the profit report included in the Motor Accidents Authority's annual report satisfies this statutory requirement. However, the committee is not satisfied that the Motor Accidents Authority is adequately fulfilling its statutory obligation under section 28 of the Act, and therefore recommends that the Motor Accidents Authority present a report on its assessment of insurer profit margins and the actuarial basis for its calculation, including an explanation for any material deviation on forecasted profit, to the committee on an annual basis.

The committee acknowledges that since the committee's tenth review there has been a change in government. Hence the committee accepts that the new Minister responsible for the Motor Accidents Authority, the Hon. Greg Pearce, MLC has responded to the issue of insurer profits and other issues by commissioning this new compulsory third party pricing review. While the committee supports that course of action by the Minister, I inform the House that we are undertaking preliminary investigation into engaging an actuarial consultant to assist the committee to further examine the issue of insurer profits and provide advice on certain aspects of the Motor Accidents Authority Scheme. In order to better inform the committee and stakeholders, the committee recommends that the Motor Accidents Authority should publish information about the compulsory third party pricing review, such as its terms of reference and time frame. The committee considers that the new compulsory third party pricing review should include consultation with the public and stakeholders and, to facilitate this, the Motor Accidents Authority should publish a discussion paper on the issue to help direct stakeholders' feedback.

Legal costs under the Motor Accidents Scheme are regulated by the Motor Accidents Compensation Regulation 2005, which is known as the cost regulation. The cost regulation governs, among other things, the maximum costs recoverable by legal practitioners for services provided to a claimant or an insurer in any motor accident matter. In practice, legal representatives set their own fees, which are paid by their clients. If the client's claim is successful, the insurer reimburses the claimant an amount according to the cost regulation, leaving the client liable for any difference between the fee charged and the recoverable cost. Legal costs arose as a concern for participants during the current review, as it had during the committee's six previous reviews. In the tenth review report, the issue of legal costs was extensively discussed and the Motor Accidents Authority advised that the cost regulation was due to be automatically repealed on 1 September 2010, but that this date had been extended to 1 September 2011. The Motor Accidents Authority established a working party to review the regulation and advised the committee that the result was a very good package that it expected to put to the Government for the remaking of the regulation.

The Motor Accidents Authority advised the committee that the cost regulation had been extended for another 12 months to 1 September 2012. Similarly, as for legal costs, costs for services provided by a doctor under the Motor Accidents Scheme are regulated by the cost regulation. The Australian Medical Association, New South Wales branch, presented concerns to the committee that are similar to that presented by legal representatives—that is, the cost regulation has not kept up to date with contemporary fees. The committee is concerned that the costs regulation was not revised on 1 September 2011, and recommends that the Minister expedite the remaking of the regulation rather than wait until its expiry on 1 September 2012. The committee also considers that an increase in transparency and understanding of costs in the scheme is desirable, and recommends that the Government introduce amendments to the Motor Accidents Compensation Act 1999 to provide the Motor Accidents Authority with the authority to collect and disclose data on the amount of compensation that claimants receive, once legal costs have been deducted.

The final issue discussed in chapter 3 is the discount rate. When a lump sum payment is awarded to seriously injured people to compensate for future economic loss resulting from their injury, the present value of the future economic loss is qualified by adopting a prescribed discount rate. The Motor Accidents Compensation 14 February 2012 LEGISLATIVE COUNCIL 8067

Act 1999 sets the discount rate for the scheme at 5 per cent. The Australian Lawyers Alliance was concerned that the discount rate of 5 per cent may result in seriously injured people receiving inadequate compensation to meet their ongoing care needs. The Motor Accidents Authority advised that a 5 per cent discount rate is used in other compensation schemes and by other Australian States and Territories. The committee notes that the introduction of the Lifetime Care and Support Scheme, which provides for the lifetime care needs of catastrophically injured persons, has reduced the overall impact of the discount rate on the scheme. The discount rate was raised by only one stakeholder and the committee will keep a watching brief on this issue.

The final chapter examines issues raised by participants in relation to the Motor Accidents Assessment Service [MAAS]. The Motor Accidents Assessment Service comprises two components: the Medical Assessment Service [MAS] and the Claims Assessment and Resolution Service [CARS]. Inquiry stakeholders raised a number of issues relating to the Medical Assessment Service, which assesses medical disputes that arise between an injured person and an insurer regarding the treatment, stabilisation and degree of permanent impairment of injuries, as well as the level of impairment of a claimant's earning capacity. In the current review the Motor Accidents Authority was asked why the median life cycle for finalising medical disputes had risen to 101 working days in 2009-10 from a record low of 78 days in 2007-08. The Motor Accidents Authority advised that it continues to monitor the timeliness of finalisation of medical disputes, and that the increase in the number of days taken to finalise a medical assessment may be attributed to a number of factors. The committee acknowledges that the Motor Accidents Authority has advanced a number of factors or reasons why the median life cycle of Medical Assessment Service disputes has increased. The committee therefore will keep a watching brief on this issue and will take a keen interest in the issue for its next review.

A focus of chapter 4 is the issue of access to damages for non-economic loss, such as for pain and suffering of a person injured in a motor accident. Under the Motor Accidents Compensation Scheme, a person injured in a motor vehicle accident is not entitled to claim for damages for non-economic loss unless the degree of their permanent impairment as a result of the injury caused by the motor accident is greater than 10 per cent. This test is referred to as the 10 per cent whole person impairment [WPI] threshold. The 10 per cent whole person impairment threshold for non-economic loss was examined in the committee's eighth, ninth and tenth review reports. Some stakeholders have criticised the threshold as being unfair because it excludes a significant proportion of those injured in motor accidents from receiving compensation for non-economic loss. The committee reviewed the proposals for reform presented by stakeholders—including lowering the whole person impairment threshold, permitting the aggregation of physical and psychological injuries and replacing the 10 per cent whole person impairment threshold with alternatives, such as the threshold in section 16 of the Civil Liability Act 2002—and, in addition, the committee reviewed a proposal for a single system of compensation in New South Wales.

The committee is concerned that the current whole person impairment approach does not strike the right balance between the scheme's efficiency and affordability and compensation for pain and suffering paid to those who are injured in a motor accident. The committee is concerned that the 10 per cent whole person impairment threshold has been set too high, and hence recommends that the New South Wales Government review the threshold for access to damages for non-economic loss under the Motor Accidents Scheme to achieve a better balance between the scheme's efficiency and compensation. This is a good report. The committee acknowledges that the Motor Accidents Authority is looking at various issues that have been raised in the report. I believe there have been some good outcomes from the report. Again I thank those who contributed to the inquiry, the cooperative nature of the Motor Accidents Authority and the Motor Accidents Council and my fellow committee members.

Pursuant to standing orders debate adjourned and set down as an order of the day for a future day.

HER MAJESTY QUEEN ELIZABETH II DIAMOND JUBILEE

Debate resumed from an earlier hour.

The Hon. MARIE FICARRA (Parliamentary Secretary) [5.30 p.m.]: As I was saying earlier, Queen Elizabeth played a role when she was very young and joined the war service effort. Even though her father, King George VI, was hesitant to allow Elizabeth to enlist to help in the wartime services, she was quite insistent. Before her nineteenth birthday in February 1945 Elizabeth joined the Women's Auxiliary Territorial Service as an honorary Second Subaltern. She trained as a driver and mechanic and drove a military truck—quite extraordinary for a royal. I do not believe there are too many royals anywhere in the world who would have 8068 LEGISLATIVE COUNCIL 14 February 2012 trained and worked as a driver and mechanic of military trucks. Five months later Elizabeth was promoted to honorary Junior Commander. She is the last surviving Head of State who served in uniform during the Second World War.

It was a momentous event when at 25 years of age Princess Elizabeth, whilst on tour in Kenya, learnt of the sad passing of her father, King George VI, whom she admired greatly. We know there was a very close bond between father and daughter. Immediately upon learning of the passing of her cherished father, she returned to Britain to face the enormous responsibility and honour bestowed upon her. On 6 February 1952 she was proclaimed Queen of the Commonwealth. Since 1867 there have been 50 visits to Australia by a member of the royal family. Queen Elizabeth II has visited Australia on 16 occasions, much to the delight of the Australian people, monarchists and non-monarchists alike. There is a saying, "Do not stand between a republican and a royal on an official visit because you are likely to get knocked over." They are the first in line for the cocktail parties and all the media shots. Queen Elizabeth II is held fondly in the hearts of many Australians. Elizabeth II was the first reigning monarch of Australia to set foot on Australian soil, coming to Sydney on 3 February 1954. Two years earlier she had been en route to Australia when her father died while she was in Kenya.

In 1954 with her husband, Prince Philip, Duke of Edinburgh, she visited the Australian Capital Territory, New South Wales, Tasmania, Victoria, Queensland, South Australia and Western Australia, including greeting 70,000 ex-service men and women at the Melbourne Cricket Ground and opening the Australian Parliament in Canberra. It was estimated that this extensive travel enabled more than 75 per cent of the Australian population to see the Queen at least once during her tour. At the conclusion of her first Australian tour the then Prime Minister, Sir Robert Menzies, stated in an article published in the Sydney Morning Herald:

It is a basic truth that for our Queen we have with us, sometimes unrealised until the moment of expression, the most profound and passionate feelings of loyalty and devotion. It does not require much imagination to realise that when eight million people spontaneously pour out this feeling they are engaging in a great act of common allegiance and common joy which brings them closer together and is one of the most powerful elements converting them from a mass of individuals to a great cohesive nation. In brief, the common devotion to the Throne is a part of the very cement of the whole social structure.

No-one can deny that over the past 60 years Queen Elizabeth has faced changing social times and also global challenges. Paramount to these changing times is that she has always placed her community first. The Queen is now patron of more than 620 charities and organisations throughout the Commonwealth. Increasingly aware of the modern role of the monarchy, she has favoured simplicity in royal life. She has kept in touch with the people by opening the doors of Buckingham Palace to the public—being the first monarch to do so—and she has answered over 3.5 million letters. Obviously a highly intelligent woman, it is well known that over the decades of her reign she has taken an informed interest in government business and the welfare of her citizenry. I agree with Prime Minister David Cameron's observation that Queen Elizabeth II has always carried out her duties with "experience, dignity and quiet authority". Indeed, upon Queen Elizabeth's celebration of her Diamond Jubilee she reiterated her commitment as head of the Commonwealth realms by saying:

I will dedicate myself anew to your service. I hope also that this Jubilee year will be a time to give thanks for the great advances that have been made since 1952 and to look forward to the future with clear head and warm heart.

Together with all honourable members, I congratulate Queen Elizabeth II on her Diamond Jubilee and thank her for her compassionate, caring, professional and dedicated leadership of the Commonwealth. I wish her and her husband, Prince Philip, Duke of Edinburgh, to whom she has now been married for 64 years, the best of health and happiness in the future. God save the Queen of Australia.

The Hon. NATASHA MACLAREN-JONES [5.37 p.m.]: It gives me great pleasure to support this motion. I begin by acknowledging the Diamond Jubilee as a time of great joy and international celebration, marking the sixtieth anniversary of the accession of Elizabeth II as Queen, an opportunity to be celebrated by all Australians in all communities. However, it is also a time of sadness as it marks the early passing of King George VI, known as the reluctant King for he never expected to be King and accepted the throne out of duty, and not personal ambition. Through his leadership and courage he guided our nation as part of the British Commonwealth through the dark days of the Second World War. Tragically, King George died suddenly at the age of 56, leaving his elder daughter, Princess Elizabeth, to take the throne at the age of only 26. We must commend her for her devotion, at such a young age dedicating her whole life to serving her people.

In celebrating the Diamond Jubilee we are reminded that Queen Elizabeth II is the second-longest reigning monarch of Britain, following Queen Victoria, and this is the sixth Diamond Jubilee to take place in the past 1,500 years. We have the opportunity to celebrate the life of the Queen and the valuable contribution she has made to the advancement of her people and the Commonwealth. She has served the people of Australia with 14 February 2012 LEGISLATIVE COUNCIL 8069

grace and royalty. The world has changed much during the course of the Queen's long reign, including the transition from the British Commonwealth to the Commonwealth of Nations, yet she has remained a constant, performing her role with the same devotion displayed at her coronation. Of the 10 oldest democracies in the world, seven are constitutional monarchies, and Queen Elizabeth is sovereign of three. In Australia we are fortunate to have a system of government that works well and I acknowledge the role that the Queen has played. As Winston Churchill once said:

The Crown is important not so much for the power it wields, but for the power it denies others. It is the monarchy that remains above politics, independent and the strength of our Constitution.

In a world too often confronted by natural disasters or economic and political turmoil, the Queen is a sign of unity and a defender of Christian values. Of Australia's six monarchs since 1901, Queen Elizabeth has reigned for more than half those 111 years. The Queen has been and remains a sign of stability and strength for all Australians—comments echoed recently by many religious, community and world leaders. In acknowledging the role of Her Majesty particularly in Australia and as a world leader, I acknowledge also the contribution and valuable role of His Royal Highness Prince Philip. The Queen has an unwavering sense of duty and commitment to her people and remains a role model for many. Regardless of one's political persuasion, we can all agree that she is a woman of extraordinary strength, decency and intelligence and, above all, a true servant of the people. God save the Queen.

The Hon. WALT SECORD [5.40 p.m.]: I make a brief contribution to mark Her Majesty's Diamond Jubilee as the British Monarch and Australia's Head of State. Members will recall from my inaugural speech that I am a republican and I would like Australia eventually to become a republic. Growing up in Canada, my republican views put me in a minority. My Canadian ancestors fought for the British Monarch against the Americans in the American War of Independence and during the War of 1812. So as a republican I am a minority in my family also. When I migrated to Australia in 1988 I brought those republican views with me— but views can mature and mellow over the years. Australia should become a republic, but I now consider that Australia should consider its position on this important question when Her Majesty's reign comes to an end. Such is the affection and respect of Australian citizens, including me, that I take this opportunity to extend my congratulations to Queen Elizabeth II on her Diamond Jubilee.

Queen Elizabeth has overseen many changes in Australia and the Commonwealth and shared in our nation's achievements and moments of difficulty. She is a revered figure and provides comfort and stability to millions. I admire her absolute commitment to her role as sovereign, to the rule of law and to representative democracy. During her 60 years as Queen she visited Australia 16 times. Republican or not, I must admit also to my genuine regard for Queen Elizabeth. I thank the House for its consideration.

The Hon. JENNIFER GARDINER [5.42 p.m.]: I also am happy to stand in the Legislative Council of New South Wales and congratulate Her Majesty Queen Elizabeth II on the Diamond Jubilee of her accession to the throne. During her long reign Her Majesty has been present twice in this House. The first occasion was the opening of Parliament during her first visit to Australia in 1954 which, of course, was the first visit to Australia by a reigning sovereign. Like an estimated two-thirds of Australia's population at that time, I was one of those little kids taken by their parents to see the Queen when the royal tour visited Mount Gambier in South Australia. The Queen was present also for the opening of this Parliament in February 1992. On that occasion Her Majesty was particularly struck by the proportion of women who made up this Chamber. As a Nationals parliamentarian, I am happy to reiterate for the purposes of marking the Queen's Diamond Jubilee that the "We Believe" statement of the New South Wales Nationals includes these words:

We believe the constitutional monarchy is a rich and practical heritage and we uphold the Westminster system of parliamentary democracy with laws decided by our elected representatives.

The Nationals party room here in Parliament House, Macquarie Street, Sydney has two portraits of Queen Elizabeth II. It is true that the constitutional monarchy is a rich and practical heritage shared by all the people of New South Wales and Australia, and many millions of people beyond these shores. Stability, discretion, wisdom, diplomacy and tireless attention to her constitutional and civic roles are some of the hallmarks of Queen Elizabeth's remarkably long reign—60 years of withstanding the relentless scrutiny of the world's media to be found virtually faultless in staying true to the words she uttered in 1947 in South Africa on the occasion of her twenty-first birthday. The then heir to the throne, in reflecting on the worldwide Commonwealth, as she called it, peace time in the wake of World War II and other matters, Princess Elizabeth said: 8070 LEGISLATIVE COUNCIL 14 February 2012

If we all go forward together with an unwavering faith, a high courage, and a quiet heart, we shall be able to make of this ancient commonwealth, which we all love so dearly, an even grander thing—more free, more prosperous, more happy and a more powerful influence for good in the world - than it has been in the greatest days of our forefathers.

To accomplish that we must give nothing less than the whole of ourselves. There is a motto which has been borne by many of my ancestors—a noble motto, "I serve". Those words were an inspiration to many bygone heirs to the Throne when they made their knightly dedication as they came to manhood. I cannot do quite as they did.

But through the inventions of science I can do what was not possible for any of them. I can make my solemn act of dedication with a whole Empire listening. I should like to make that dedication now. It is very simple.

I declare before you all that my whole life whether it be long or short shall be devoted to your service and the service of our great imperial family to which we all belong.

But I shall not have strength to carry out this resolution alone unless you join in it with me, as I now invite you to do: I know that your support will be unfailingly given. God help me to make good my vow, and God bless all of you who are willing to share in it.

Fortunately, Queen Elizabeth II has had a very long life, enjoying remarkably good health and, like the Duke of Edinburgh, keeps up a remarkably busy schedule of duties, which included her visit to Australia in 2011. God willing, she will continue to do so for years to come. Nobody could say that Queen Elizabeth has not kept her word. In her long life and reign she has stayed true to her motto and devoted herself to the service of her people, including the people of Australia and New South Wales. I join others in this House in congratulating Queen Elizabeth II on her Diamond Jubilee and wishing her well for the future.

The Hon. MELINDA PAVEY (Parliamentary Secretary) [5.47 p.m.]: It is a great honour to join other members of this House to congratulate Queen Elizabeth II on the Diamond Jubilee of her accession to the throne on Monday 6 February 1952. The Queen normally spends this anniversary day reflecting on the death of her father, King George VI, who became King unexpectedly following the abdication of his brother, King Edward VIII in 1936. A conscientious and dedicated man, King George VI worked hard to adapt to the role into which he was suddenly thrown—ironically similar to the circumstances of Elizabeth's accession. It is significant to point out the importance to the modern age of the movie King's Speech to show the incredible story of King George VI and the role of the Australian speech therapist in making him a wonderful King and, as the movie demonstrated, an absolutely wonderful father to the princesses Elizabeth and Margaret.

King George VI ruled during a tumultuous period in history. His greatest achievements came during the Second World War when he remained for most of the time at Buckingham Palace, even after it was bombed nine times. He gained great popularity as he and his wife, Queen Elizabeth, visited severely bombed areas in east London and elsewhere in the country. Queen Elizabeth II learnt a great deal from her father. Britain has been remarkably lucky in its ruling queens. It is important to highlight the role Queen Elizabeth II has played, securing in the minds of women particularly that there is no barrier or position in the land they cannot reach. Only a handful of women have held the throne in their own right, stretching back 12 centuries, but what queens they were.

The remarkable Elizabeth I saw the Spanish Armada in 1588 and single-handedly reinvented the role of the female monarch. She broke the mould and set out to rule like her father. The personal qualities of Elizabeth II enabled her to rule in a way that had not been seen in England and she had a lasting impact on the monarchy. Queen Victoria is associated with Britain's golden age: the great age of industrial expansion, economic progress and, especially, empire. On her death it was said that Britain had a worldwide empire on which the sun never set.

Queen Elizabeth II has seen the empire transformed into a Commonwealth and her country made into a modern world power in finance, the arts, democracy, diplomacy and diversity. Queen Elizabeth II continues to be progressive in her ideas with leaders of the 16 countries where the Queen is Head of State unanimously approving changes to century old succession rules in which gender would play no part in who would rule Britain. The ban on the monarch being married to a Roman Catholic was also lifted.

The Hon. Dr Peter Phelps: Shame!

The Hon. MELINDA PAVEY: I note the intervention of the Hon. Dr Peter Phelps. Queen Elizabeth II, like her father, has had to work hard to adapt to rapidly changing times and to respond to the public. Queen Elizabeth II has been the Queen of the modern era. The way in which Queen Elizabeth II has responded positively to those many challenges, such as allowing cameras into her home to show her family growing from infants to princes in their own right and the invasive nature of that media focus has been an 14 February 2012 LEGISLATIVE COUNCIL 8071

inspiration. In discussing this motion today it is imperative that we highlight the esteem with which Queen Elizabeth II is held in this country. I note the contribution by the Hon. Walt Secord and the Hon. Dr Peter Phelps that there is a special place in this country and in this State for Queen Elizabeth II. That was drummed into me by my mother when I was very young. She constantly reminds her family members that she met the Queen in 1954 in Benalla in northern Victoria.

Is it any wonder that Queen Elizabeth II stole the hearts and minds of so many people across this State and the whole of Australia? She visited 70 country towns. In New South Wales Queen Elizabeth II visited Lismore, Dubbo, Bathurst, Katoomba, Newcastle, Casino, Wollongong, Lithgow, Wagga Wagga and Broken Hill. Queen Elizabeth II was in this country from 3 February and she left on 31 March from Western Australia. She took this country by storm and she stole the hearts of the people. It is worth remembering from a local perspective that Queen Elizabeth II made a visit to Coffs Harbour on the Royal Yacht Britannia and docked at Coffs Harbour jetty in 1970. It was an amazing visit. One of the nice things Queen Elizabeth II did on that occasion was to visit Bruxner Park. The park was named after the former Deputy Premier of New South Wales, Lieutenant Colonel the Hon. Michael Bruxner, MLA. The park was handed over in 1958 at the request of the local community as one of the first areas that preserved luxuriant forest types. One of my lifelong ambitions is to educate the community of Coffs Harbour as to the correct pronunciation of the name "Bruxner".

The Hon. Jan Barham: In Lismore as well.

The Hon. Duncan Gay: And the highway.

The Hon. MELINDA PAVEY: Yes, and the highway. This is an occasion to celebrate the Diamond Jubilee and acknowledge the affection, respect and love that the people in this country have for Queen Elizabeth II and for what she has done throughout the world.

The Hon. DAVID CLARKE (Parliamentary Secretary) [5.54 p.m.]: I join with others today in giving my wholehearted support to this motion commemorating the Diamond Jubilee of Queen Elizabeth II, Queen of Australia. Those 60 years have been years of selfless service: 60 years of not having put a foot wrong; 60 years of serving as an integral part of the constitutional framework of our nation; 60 years of serving as a pivotal part of our system of government which has in a mighty way helped to make Australia the peaceful, prosperous, democratic and free nation that it is universally recognised as being. Clearly the great majority of Australians agree. That is why in the referendum on whether Australia should become a republic the people of Australia told the republicans what they could do with their republic. What a sight it was to behold as the results came in on that referendum night. All over Australia there was a "thumbs up" for the constitutional monarchy, a mighty "in your face" to the republicans and a "thumbs down" on republicanism.

What a pleasurable thing it was to observe the dejected, miserable and pitiful look of despair on the faces of so many of the republican commentators who on our television screens that night vainly and not very convincingly sought to rationalise why things had gone wrong. After all, they were the ones who dictated what question would be put in the referendum, and yet for the past 13 years they have been whingeing and whining that a differently framed question should have been put. If only it had been a different question. I have no doubt that the result would have been the same because a succession of polls shows support for the constitutional monarchy increasing rather than decreasing with the passage of time.

The Diamond Jubilee of Queen Elizabeth II is a great landmark. It was my great honour to have hosted in this Parliament a luncheon organised by Australians for Constitutional Monarchy in celebration of that great landmark. What a great celebration it was, especially with the Queen's portrait now restored by this Government to the Strangers Dining Room looking down in silent witness on that happy occasion. That restored portrait of the Queen gave a special lustre to the event and members of this Parliament can be assured that the Queen's portrait will remain there for as long as there is a Liberal-Nationals Government in New South Wales, which means it will be there for many years to come.

What was the Australian Republican Movement doing whilst the Diamond Jubilee was being celebrated throughout Australia? Does the Australian Republican Movement still exist? At the end of the day who really cares? At an ecumenical service held in celebration of the Diamond Jubilee at St James Anglican church in Philip Street, Sydney a few days ago, His Eminence Cardinal Pell in his address noted that the republic referendum result was a vindication of the role played by the Queen in Australia and an expression of the respect and affection that Australians have for the Queen. How right his eminence is. If those things were true 13 years ago how much greater they have been proved to be since then and the opinion polls put that 8072 LEGISLATIVE COUNCIL 14 February 2012 beyond any shadow of a doubt. What a great thing it is to be celebrating this outstanding event. What a great thing those 60 years of the reign of Queen Elizabeth II have been for the stability of our nation. I am now and always will remain a constitutional monarchist. Long may Her Majesty Queen Elizabeth II reign as Queen of Australia.

The Hon. NIALL BLAIR [5.58 p.m.]: I make a brief contribution to debate on this motion and congratulate Queen Elizabeth II on an amazing achievement. I will not outline the history and events that Her Majesty has seen throughout her lifetime; I will talk briefly about one or two things that everyone in the House can appreciate, which are the attributes that a person who has given her whole life has dedicated to the cause which can be an example for others to follow in certain areas. Queen Elizabeth II is a modern Queen. A number of Facebook and twitter pages are dedicated to the Queen, although I appreciate that some would not be official. But this shows the Queen is willing to move into the modern era.

I refer briefly to a visit by the Queen to the Republic of Ireland from 17 to 20 May 2011. This was the first visit by a British monarch to the area that is now the Republic of Ireland since the 1911 tour by her grandfather, King George V. This visit by the Queen was a symbol—a symbolic normalisation of British and Irish relations. During that occasion the Queen visited a number of sites, including a number of Republican sites of significance in Dublin, such as the Garden of Remembrance and Croke Park, the scene of the 1920 Bloody Sunday massacre. I acknowledge that some people were upset by the visit, but I think it speaks volumes of the character of Queen Elizabeth II that she took this initiative to visit her counterparts in the Republic of Ireland. I shall quote from the speech made by Queen Elizabeth II during that visit because I believe these passages provide an insight into her character and attributes. The Queen said:

Indeed, so much of this visit reminds us of the complexity of our history, its many layers and traditions, but also the importance of forbearance and conciliation. Of being able to bow to the past, but not be bound by it.

Of course, the relationship has not always been straightforward; nor has the record over the centuries been entirely benign. It is a sad and regrettable reality that through history our islands have experienced more than their fair share of heartache, turbulence and loss.

These events have touched us all, many of us personally, and are a painful legacy. We can never forget those who have died or been injured, and their families. To all those who have suffered as a consequence of our troubled past I extend my sincere thoughts and deep sympathy. With the benefit of historical hindsight we can all see things which we would wish had been done differently or not at all.

I congratulate Queen Elizabeth II on her sixtieth year on the throne. She provides a great example to follow for many other leaders throughout the world.

The Hon. SARAH MITCHELL [6.02 p.m.]: I join my colleagues to recognise Her Majesty Queen Elizabeth II on her Diamond Jubilee. When Princess Elizabeth was born in 1926 she was the elder daughter of King George VI and Queen Elizabeth, and it was not expected that she would become Queen. But, as we know, fate had other plans for her. She came to the throne on 6 February 1952, and her coronation took place on 2 June 1953, when she was just in her twenties. The only other British monarch to celebrate a Diamond Jubilee was Queen Victoria, in 1897. That proves that this event really is a once in a lifetime experience. There has been, and will continue to be, a lot of recognition from around the world of this event, and rightly so. Some would think of the life of a royal as but one of privilege, but we must also recognise that it is a life of service. Queen Elizabeth's life has been one of incredible service.

In preparation for this debate I visited the official website for the Diamond Jubilee. It contains about 60 facts about the Queen. I would like to share just a few of those with the House this evening. Since her accession to the throne Queen Elizabeth has given royal assent to more than 3,500 Acts of Parliament, and attended every opening of the British Parliament except those in 1959 and 1963, when she was expecting Prince Andrew and Prince Edward respectively. Her Majesty has answered around 3½ million items of correspondence, attended 35 Royal Variety performances, and launched 21 ships during her reign. In an average year, the Queen will host more than 50,000 people at banquets, lunches, dinners, receptions and garden parties at Buckingham Palace.

In her personal life, with the birth of Prince Andrew in 1960 the Queen became the first reigning sovereign to have a child since Queen Victoria, who had her youngest child, Princess Beatrice, in 1857. The Queen has 30 godchildren. She has owned more than 30 corgis during her reign, starting with Susan, who was a present for her 18th birthday in 1944. She currently has three corgis—Monty, Willow and Holly. The Queen performs an incredible job as patron, supporting services to others through close relationships with the voluntary 14 February 2012 LEGISLATIVE COUNCIL 8073

and charitable sector. The Queen has more than 600 patronages and her husband, the Duke of Edinburgh, has more than 700 patronages. Among the Queen's patronages in Australia are the Australian Red Cross Society, Royal Prince Alfred Hospital, the Royal Society of the Welfare of Mothers and Babies, and the Returned and Services League of Australia Limited.

A range of events are organised across the United Kingdom and the Commonwealth throughout the year, including an official Jubilee Weekend from 2 to 5 June. One event that weekend will be the Queen's Diamond Jubilee Concert. A line-up of musical stars from the worlds of rock and pop, along with the best of classical and musical theatre, will perform at Buckingham Palace on Monday 4 June. Some performers at the concert will be Shirley Bassey, Jools Holland, Jessie J, Elton John, Tom Jones, Annie Lennox, Paul McCartney and Cliff Richard. I think this is a great way in which the royal family engages the younger generation.

I come from a family of proud monarchists. My grandmother, Meg Smyth of Gunnedah, is a staunch monarchist, and she would be very proud that I am speaking on this motion. My mother often tells the story about how they used to plan family holidays around visits of the Queen to Australia so that they could go and see her. My mother did the same for us when we were young, not to see the Queen but to see Princess Diana and Prince Charles when they visited Australia in the 1980s.

I think there is renewed interested in the royal family of late, particularly among people of my generation, following the wedding of the Duke and Duchess of Cambridge last year, fondly known as William and Kate. It is great that that has enabled young Australians to appreciate the royal family and recognise how important the constitutional monarch is to our nation. I feel very privileged to speak in Parliament today and recognise Queen Elizabeth as an incredible woman who has served the people of the Commonwealth exceptionally well for more than six decades—to put it another way, for twice the length of my lifetime. I am delighted to support the motion.

The Hon. MATTHEW MASON-COX (Parliamentary Secretary) [6.07 p.m.]: It is my great pleasure to strongly support the address to the Queen:

To Her Majesty Queen Elizabeth the Second, by the Grace of God, Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.

We, the members of the Legislative Council of New South Wales, in Parliament assembled, on our own behalf and on behalf of the people of New South Wales, offer our loyal and heartfelt congratulations on the completion of the sixtieth year of Your Majesty's beneficent reign.

The reign of Queen Elizabeth II is undoubtedly one of history's greatest triumphs. It is a continuing story of duty, public service, self-sacrifice and, of course, great longevity. Her Majesty's reign commenced on 6 February 1952 and has seen 12 United States Presidents, 12 British Prime Ministers, 12 Australian Prime Ministers, but only six Popes and six Archbishops of Canterbury—which, perhaps, says more about papal longevity than political expediency in these and other places. I note in particular that the longest-reigning British monarch was the Queen's great-great-grandmother, Queen Victoria, who reigned for 63 years and 216 days, from 1837 to 1901.

Queen Elizabeth II is currently the second-longest reigning monarch in more than 1,200 years of English history. Indeed, she would have to reign until 10 September 2015, or to 89 years of age, to better Queen Victoria's record and become the longest reigning monarch. God willing, we trust this will be the case, and we wish Her Majesty many more years as Queen of Australia. Many members have reflected on Her Majesty's long reign and on many of the highlights in that time. I strongly endorse their comments and heartfelt sentiments. In the time available I particularly want to reflect on the constitutional importance of the Queen in our democracy and the symbolism that rests so majestically behind those arrangements.

I believe that this is best explained by the ceremonial and symbolic objects associated with the coronation of English kings and queens that hark back to the time of the Judean kings some 2,000 to 3,000 years ago. These objects are commonly known as the regalia and they symbolise the blessed anointing of the royal sovereign in those times and in these current times. The oldest piece of the regalia is the twelfth century gold anointing spoon used to anoint the sovereign with holy oil. Apart from the three steel coronation swords—the swords of Temporal Justice, of Spiritual Justice and of Mercy—this is the only piece that survived the destruction of the pre-civil war regalia between 1649 and 1650. 8074 LEGISLATIVE COUNCIL 14 February 2012

At the restoration of the monarchy in 1660, King Charles II ordered new regalia modelled on the forms of the last regalia used by his father. The principal piece of the regalia is St Edward's Crown, with which the new sovereign is crowned by the Archbishop of Canterbury during the coronation ceremony. The most famous of the crowns is the Imperial State Crown, which was remade for the coronation of the Queen's father, King George VI, in 1937 and is set with more than 3,000 gems. The other principal pieces of the regalia used during the coronation, all dating from 1661, are the Ampulla—the gold flask in the form of an eagle, which contains the holy oil used for the anointing; the Sovereign's Orb, representing Christ's dominion over the world; and the two sceptres: the Sovereign Sceptre with cross, now set with the First Star of Africa, representing the monarch's temporal power under God, and the Sceptre with Dove, representing equity and mercy. The Spurs, which are not worn, represent knightly chivalry, and the Armills or bracelets represent sincerity and wisdom.

The regalia are potent symbols of royalty and kingship, bestowed under the authority of God, whose anointing is central to the coronation ceremony. This, in turn, is central to our constitutional monarchy and the Westminster traditions which we share with the United Kingdom and which underpin our success as a stable, democratic nation. This rich heritage should not be lightly dismissed. It is with the greatest respect and admiration that I conclude by saying: God bless Queen Elizabeth II, the Queen of Australia. May our beloved sovereign and our great nation be always inextricably linked.

The Hon. CHARLIE LYNN (Parliamentary Secretary) [6.11 p.m.]: I pay tribute to Her Majesty Queen Elizabeth II on the occasion of her Diamond Jubilee on behalf of my late grandmother, Nora McColl, who was born in Delegate in 1888 and who passed away in Orbost in 1990, just short of her 102nd birthday. My grandmother was widowed at 57 after the sudden death of my grandfather, Duncan McColl. She lived in a small timber cottage in Orbost where she raised her three daughters, Edna, Melva and Ila. There was no welfare system in those days so she kept food on the table by harvesting beans, peas, maize and potatoes; by providing a bed-and-breakfast room for travellers; and by decorating wedding cakes for local brides.

One of Nan's secrets was her age. We celebrated her birthday each year on 6 November but nobody knew her year of birth and she would not tell anybody. All we knew was that she hitched a ride on a bullock cart down the Bonang Highway from Delegate to Orbost as a teenager in 1902. Her goal, as I remember as a young boy, was to live long enough to get a telegram from the Queen on her 100th birthday—and that was no secret in the town. When we asked her how old she was she always replied that we would know when the telegram arrived.

Around 1980 a couple of the local people in Orbost thought they had worked out that Nan was about 92, but a couple of years later she became very ill and the family were summoned to her house. We were all concerned but I remember saying that Nan had told us she was going to be around until she was 100, and in fact she recovered. I was in the army at the time and I thought it might be prudent to apply for a birth certificate for her. I discovered that she was not 96, as people thought, but only 92 and that her birthday was not on 6 November but on 6 March. I did not know how I was going to break the news to Nan that she had another eight years to wait for her telegram. As her 6 November centenary arrived I felt I could not break the news to the family. A friend of mine, Lieutenant Simon Hart, was an aide-de-camp at Buckingham Palace and I decided to write to him to see whether he could knock off a piece of letterhead that I could present to Nan should the occasion arise. However, Nan kept going and on 6 March 1988—the bicentennial year—she received her telegram from the Queen, as well as a telegram from the Prime Minister, Bob Hawke, and, of course, a telegram from the shire president.

I relate that story to the House because the Queen was a great inspiration to a generation that had survived the Great Depression and World War II and did not have many luxuries as we know them. I have always remembered that. During the debate about Australia becoming a republic and the debate about changing the Australian flag I have always taken the view that it is not the time to have such debates. When the Queen's reign ends perhaps that is the time to have a debate about Australia becoming a republic, but I believe we should respect the symbols of the generation that lived during times of adversity such as the Great Depression and war.

The Queen is a remarkable human being. She has been an absolute model for us all. In celebrating her Diamond Jubilee we should be proud of the fact that we are a constitutional monarchy and that she has been our regal monarch all this time and has led us through a great period of change. I offer my congratulations to Queen Elizabeth on her Diamond Jubilee on behalf of my grandmother Nora McColl. 14 February 2012 LEGISLATIVE COUNCIL 8075

The Hon. RICK COLLESS [6.17 p.m.]: I join my colleagues in congratulating Queen Elizabeth II on her sixtieth anniversary as our reigning monarch. As other members have noted, the Queen first visited Australia between 3 February and 1 April 1954, just two years after her accession to the throne on 6 February 1952. At that time I was just 18 months old and my family then owned Bendemeer Station, just north of Tamworth. My family were then, and remain now, dedicated monarchists. Both my paternal grandparents were still alive in 1954. In those days our family car was a 1948 Humber Super Snipe, which had bench seats front and back, no seatbelts and plenty of room to fit mum, dad, grandpa, grandma and the kids on a trip from Bendemeer to Dubbo to see the Queen for the day.

We left Bendemeer very early in the morning and we stopped for breakfast in Gunnedah. In those days the best place in Gunnedah to eat was Souris' Monterey Café, where I first met a four-year-old George Souris. We arrived in Dubbo early and waited for hours and hours to catch a glimpse of Her Majesty and Prince Philip. Dad, being a keen photographer, was ready and armed with the camera as she approached, excited that he was about to snap the pic of the century. As she approached, her personable smile beaming, she made eye contact with my dad and smiled at him. Dad froze: the camera shutter remained shut and my dad was speechless.

I am sure there have been many similar anecdotes from thousands of people around Australia who have been fortunate enough to be in the presence of Her Majesty during her 16 visits to Australia. Queen Elizabeth II has been a true servant of the people, irrespective of whether her people are monarchists or republicans. All people have loved her and adored her visits to our shores since she was crowned as the Queen of England and the Commonwealth. I congratulate her again on her magnificent reign of 60 years. She is the only monarch I have known in my 60-odd years and, of course, her reign is not over yet.

Question—That the motion be agreed to—put and resolved in the affirmative.

Motion agreed to.

Motion by the Hon. Duncan Gay agreed to:

That Her Excellency the Governor be requested to forward the Address to Her Majesty.

MARINE POLLUTION BILL 2011

Second Reading

The Hon. DUNCAN GAY (Minister for Roads and Ports) [6.21 p.m.]: I move:

That this bill be now read a second time.

The purpose of the Marine Pollution Bill 2011 is to replace the Marine Pollution Act 1987 and give effect to Australia's ratification of certain provisions of the International Convention for the Prevention of Pollution from Ships and, in turn, enhance the protection of the coastal and port waters of New South Wales. By way of background, the current Marine Pollution Act is the main statute in New South Wales governing pollution in coastal and port waters from shipping. The Act covers pollution from both operational and accidental causes and sets out powers to inspect and detain ships believed to be responsible for such discharges. The main aim of the Act is to implement the International Convention for the Prevention of Pollution from Ships, which is commonly referred to as the MARPOL Convention. This convention is administered, and modified from time to time, by the International Maritime Organization.

The MARPOL Convention has been signed by over 130 countries, including Australia. It represents an international commitment to protect the world's oceans from the various forms of pollution from ships including oil, chemicals, sewage and garbage. Each type of pollution is referred to in a separate annex to the convention, with each annex being implemented on a progressive basis by signatories to the convention. All signatories to MARPOL are obliged to implement annexes I and II, which deal with oil and noxious liquid substances respectively. These annexes entered into force internationally in 1983 and 1987 respectively and were adopted in Australia in 1988 under the Commonwealth Protection of the Sea (Prevention of Pollution from Ships) Act 1983. Annexes III, IV and V deal with pollution by harmful substances carried in packaged form, sewage and garbage from ships respectively. These annexes were adopted internationally between 1988 and 2002 and were introduced in Australia between 1990 and 2004 under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. 8076 LEGISLATIVE COUNCIL 14 February 2012

In 1986 the then Australian Transport Advisory Council agreed that, to enable the timely implementation of MARPOL in Australia, Commonwealth legislation would initially apply to both Commonwealth and State waters where a State does not have complementary legislation for a specific annex of the convention. It was also agreed that the Commonwealth legislation would be progressively "rolled back" once the States enact legislation to give effect to the convention. The New South Wales Marine Pollution Act was enacted in 1987 and commenced in May 1990 to give effect to MARPOL in New South Wales legislation. This Act incorporated MARPOL annexes I and II and provides the State with direct responsibility for protecting New South Wales coastal and port waters from the harmful impacts of oil and noxious liquid substances.

The main purpose of the bill is to replace the current Marine Pollution Act to modernise the legislation and give effect to Australia's ratification of further amendments and provisions of MARPOL and, in turn, enhance the protection of the waterways of New South Wales. The bill will do this in three broad ways. First, it will adopt revisions to annexes I and II of MARPOL; secondly, it will adopt MARPOL annexes III, IV and V, which relate to marine pollution from harmful substances in packaged form, sewage and garbage respectively; and, thirdly, it will include miscellaneous provisions to clarify the intent of the Act as well as to improve the capacity of the New South Wales government and the three port corporations to protect our coastal and port waters.

The bill will also ensure that New South Wales legislation is consistent with internationally and nationally agreed best practice standards for managing various types of pollution from vessels. It will provide New South Wales with the ability to enforce and prosecute the various types of pollution from harmful substances in packaged form, sewage and garbage from ships in New South Wales coastal and port waters. Harmful substances may include explosives, flammables, radioactive material and corrosive substances.

The bill will modernise and improve the administrative efficiency of the legislation and therefore the level of protection provided from the harmful impacts of pollution in New South Wales waters. Importantly, the bill will place no significant additional requirements on the shipping industry. This is because Commonwealth legislation already applies in State waters if a State does not have complementary legislation for a specific annex of the convention. Therefore, the MARPOL Convention already applies to shipping in New South Wales waters as a result of the Australian Government having implemented MARPOL annexes III, IV and V in Commonwealth legislation. New South Wales will adopt annexes III, IV and V in this legislation.

Annexes I and II of the convention set out requirements to prevent and minimise ship-sourced pollution from oil and noxious liquid substances respectively. Since the Marine Pollution Act was introduced in 1987 MARPOL annexes I and II have been revised on several occasions. This includes substantial revisions in 2004 which entered into force internationally on 1 January 2007. The bill adopts these revisions to annexes I and II. The revised annex I incorporates, amongst other things, amendments relating to the phasing out of single hull requirements for oil tankers. The structure of the revised annex I has also been simplified. For example, it now clearly distinguishes between the requirements for new ships and those for existing ships. Annex II applies to all ships certified to carry noxious liquid substances in bulk such as fertilisers, vegetable oils, paints and chemicals. The revised annex II now includes a new simplified four-category classification system for noxious liquid substances. Annexes III, IV and V relate to ship-generated pollution in the form of harmful substances in packaged form such as sewage and garbage respectively.

These annexes were incorporated in Commonwealth legislation between 1990 and 2004 and therefore already apply to New South Wales waters. However, these annexes have not yet been incorporated into New South Wales legislation. This bill does that. In 2006 Australian Transport Council Ministers endorsed the previous Ministerial Council decision regarding uniform implementation of the MARPOL Convention in Australian waters. This bill will enable New South Wales to meet this commitment by incorporating annexes III, IV and V. Incorporating those annexes by reference to New South Wales legislation will provide New South Wales with legislative responsibilities and powers to regulate and enforce requirements for the prevention of pollution covered by those annexes in New South Wales coastal and port waters over which New South Wales has responsibility.

Pursuant to sessional orders business interrupted to permit a motion to adjourn the House if desired.

The House continued to sit. 14 February 2012 LEGISLATIVE COUNCIL 8077

The Hon. DUNCAN GAY: MARPOL annex III contains requirements for the prevention of pollution by harmful substances in packaged form or in freight containers, portable tanks or road and rail tank wagons. These harmful substances are those identified as marine pollutants in the International Maritime Dangerous Goods Code, such as explosives, flammables, radioactive and corrosive substances. MARPOL annex IV deals with the prevention of pollution of the sea by sewage from ships. This annex applies to ships that are 400 gross tonnage and above or to ships that are certified to carry more than 15 persons. Annex IV contains requirements regarding the discharge of sewage into the sea, ship equipment and systems for the control of sewage discharge, the provision of facilities at ports and terminals for the reception of sewage, and requirements for survey and certification of ships.

In addition to the sewage from ship provisions contained in annex IV, it is proposed to introduce two local requirements to minimise the impacts of sewage from ships in State waters. First, the New South Wales legislation will require the masters of large ships to report to the Minister any incident whereby a sewage treatment system fails or malfunctions while in port. This is necessary to ensure that appropriate action can be taken to protect human health and the environment from the impacts of untreated or inadequately treated sewage. The bill also will limit the defence that currently exists in MARPOL annex IV that allows large ships to discharge treated sewage. This defence will not apply in zones prescribed by the regulations where it is determined that the discharge of treated sewage in such areas would present an unacceptable risk to human health and/or the environment. I am advised that the shipping industry has been consulted on both of these local additional requirements and has not raised any major concerns.

Annex V of MARPOL contains requirements for the prevention of pollution by garbage from ships. Garbage includes plastics, all kinds of food, domestic and operational waste, excluding fresh fish, generated during the normal operation of the vessel. The annex sets out requirements for the responsible disposal of garbage from ships. It prescribes the distance from land and the manner in which garbage may be disposed of, and totally prohibits the disposal of plastics anywhere into the sea. The bill also contains miscellaneous provisions to clarify the intent of the Act, reduce red tape and improve the capacity of the New South Wales Government and the three ports corporations to protect our coastal and port waters. The bill clarifies that the New South Wales jurisdiction for marine pollution is limited to coastal waters which extend three nautical miles from the coast. By way of background, when the 1987 Act was enacted the coastal waters jurisdiction of New South Wales was the same as the territorial sea of Australia, which extended three nautical miles from the coast. The limit of the territorial sea of Australia has since been extended to 12 nautical miles, but New South Wales coastal waters remain limited to three nautical miles.

The introduction of the New South Wales Crimes at Sea Act 1998, which extends New South Wales' jurisdiction for criminal offences to 12 nautical miles from the coast, raises a question as to the limit of the operation of the offence provisions of the Marine Pollution Act. To clarify New South Wales' jurisdiction for offences under the new Marine Pollution Act and to restore the intent of the original legislation, the bill explicitly provides that New South Wales' jurisdiction is limited to three nautical miles from the coast for the purpose of protecting the State's marine and coastal environment from pollution by oil and other marine pollutants that are discharged from ships. This is consistent with the Offshore Constitutional Settlement jurisdictional arrangements and the Inter-Governmental Agreement on the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances.

Another provision in the bill relates to pollution arising from vessels involved in transfer operations. Transfer operations include the transfer of oil from a ship to an onshore refinery or the transfer of oil between ships. The 1987 Act provides more limited defences for discharges involving transfer operations than for discharges directly from ships. The 1987 Act also has a limited definition of transfer operations and makes the relevant offences inappropriate if a discharge occurs directly from a ship, even if the ship is involved in a transfer operation. In 2003 the Land and Environment Court dismissed a prosecution concerning an oil spill that occurred while a transfer operation involving a ship was taking place. The effect of this ruling was to provide more extensive defences for oil spills that resulted from transfer operations than were intended under the Act. The bill clarifies that discharges associated with transfer operations involving ships should be prosecuted under the part of the Act concerning transfer operations.

The 2007 grounding of the Pasha Bulker highlighted a limitation of the current Act relating to the provision of notices to require or prohibit certain actions to prevent or minimise pollution of State waters. Specifically, section 48 of the current Act enables the Minister for Roads and Ports to require—in writing—that certain actions be taken to prevent the discharge of pollutants. The need for such directions to be made in writing is cumbersome and inefficient for the purposes of taking prompt action to prevent pollution of the sea, 8078 LEGISLATIVE COUNCIL 14 February 2012 especially during severe weather conditions. To ensure this direction-giving power can more effectively be carried out in the future, this bill includes provisions that will allow the Minister to give such directions verbally, which then would be followed up with a direction in writing within 72 hours. This is consistent with the approach taken to clean-up directions and notices issued under the Protection of the Environment Operations Act 1997.

To further improve the capacity of the Minister to prevent or clean up marine pollution, the bill also will provide authority to the Minister or public authority, or their employees, agents or contractors, to gain entry onto any premises to undertake preventative or clean-up action. Combating oil pollution requires access to foreshores, and that may involve access through private property. The Marine Pollution Act currently does not provide the express power to enter premises for this purpose. The bill will provide authority to the Minister or public authority to gain entry onto any premises to undertake preventative or clean-up action. This will be consistent with the Protection of the Environment Operations Act 1997, which includes similar power of entry provisions. The bill also will introduce an offence for obstructing a person who is taking action on behalf of the Minister to prevent or clean up marine pollution. A similar offence already exists for wilfully obstructing a person who is acting in compliance with a marine pollution prevention notice.

The maximum penalty that the Local Court can impose for an offence under the current Act is $11,000. Advice from the Sydney Ports Corporation and the former New South Wales Maritime indicates that prosecutions for the discharge of oil offences are not being brought in the Local Court because the penalty limit is lower than penalties that regularly would be applied for offences under the current Marine Pollution Act. As a result, offences under the current Act have been generally prosecuted in the Land and Environment Court but at significantly higher cost to both the prosecution and the defence, which may be disproportionate to the penalty. An increase in the Local Court jurisdictional limit to $55,000 for offences under the new Marine Pollution Act and regulation would enable more offences to be prosecuted in the Local Court. This will reduce the cost of prosecuting and defending many offences under the Marine Pollution Act. Both the Chief Magistrate of the Local Court and the Chief Judge of the Land and Environment Court have been consulted on this proposal and have raised no concerns.

Other minor provisions in the bill relate to section 57 of the 1987 Act, the service of summonses. The service of summonses is not relevant to prosecutions brought in the Local Court, hence the bill refers to "court attendance notice or other process". This will ensure the Act uses the appropriate terminology with respect to all prosecutions under this Act. The bill will ensure that ships detained under the Marine Pollution Act are not also subject to the exercise of a power of seizure under the Commonwealth Personal Property Securities Act 2009. The bill also will significantly streamline the legislation by referring to electronic copies of MARPOL annexes on the Australian Maritime Safety Authority website rather than including the annexes as schedules in the Act. The schedules currently comprise 212 pages of the 1987 Act. By citing each MARPOL annex by reference, the bill will reduce the need to make additional amendment to the legislation in the future as MARPOL annexes are revised internationally. On such occasions when MARPOL annexes are revised internationally, the Australian Maritime Safety Authority consults with each jurisdiction and coordinates Australia's input on the proposed amendments to the International Maritime Organization.

The new Act will be modernised, compared to the 1987 Act, by using a simplified structure and modern terminology. Key stakeholders have been consulted on the new provisions. NSW Maritime consulted with the three New South Wales port corporations, various New South Wales government agencies and the Australian Maritime Safety Authority, which all supported the incorporation of up-to-date MARPOL provisions into New South Wales legislation. The former NSW Maritime also briefed various industry representatives, including Shipping Australia, on the proposed legislative amendments and advised other appropriate industry stakeholders in writing. Additionally, the Australian Government has previously consulted with relevant stakeholders on the implementation of each MARPOL annex in Australia before incorporating it into Commonwealth legislation.

The benefits of this bill are clear: Incorporating by reference revised annexes I and II and annexes III, IV and V into a new Marine Pollution Act will ensure that New South Wales legislation is consistent with internationally and nationally agreed best practice standards for managing various types of pollution from vessels. It will provide New South Wales with the ability to enforce and prosecute the various types of pollution caused by harmful substances in packaged form and sewage and garbage from ships. It will modernise and improve the administrative efficiency of the legislation and therefore increase the level of protection provided to deal with the harmful impacts of pollution on New South Wales waters. I commend the bill to the House.

Debate adjourned on motion by the Hon. Adam Searle and set down as an order of the day for a future day. 14 February 2012 LEGISLATIVE COUNCIL 8079

ADJOURNMENT

The Hon. DUNCAN GAY (Minister for Roads and Ports) [6.42 p.m.]: I move:

That this House do now adjourn.

TRIBUTE TO SALIM ALI SULTAN

The Hon. JOHN AJAKA (Parliamentary Secretary) [6.42 p.m.]: Tonight, sadly, I speak about the passing of my very good friend Salim Ali Sultan, who was born on 21 May 1972 and died on 5 February 2012, aged 39 years. I had the good fortune to first meet Salim Sultan over four years ago, via his younger brother Moe Sultan. At the time, Moe Sultan was a staffer in my office. As many members in this Chamber would know, Moe Sultan, as chief executive officer, launched the Gulf Australia Business Council at Parliament House on 12 December 2009—an event which the then President, the Hon. Amanda Fazio, and I had the honour to co-host.

The funeral, which my wife, Mary, and I attended, was held in Hobart on 8 February 2012. Such was the love, respect and admiration held for Salim Sultan and the Sultan family, more than 500 people attended the funeral, including the Premier of Tasmania, the Hon. Lara Giddings, members of Parliament, the Mayor of Hobart, a number of councillors and numerous dignitaries from not only Tasmania but across Australia and overseas. In a speech at the funeral service, David Noonan, a breakfast announcer with Heart 107.3 in Hobart, stated:

I know you will all agree Salim had a great gift with people and your attendance today is proof of the depth of affection so many people had for him. Since Sunday I have had many conversations with his family and friends and it is obvious how many people held him extremely close in their hearts.

Salim had the ability to talk to anyone and form a bond with them whether they were old or young, poor or rich, famous or humble, regardless of culture, faith or circumstance.

He would then form a bond and he would maintain those bonds over the years with a phone call, a text, a visit or one of his innumerable coffees or lunches.

Salim treated everyone equally. He was the same person with the Premier, a business associate or a convicted criminal. He looked for the good in everyone, the humanity we all share in common and found it endlessly fascinating in all people as well as himself.

At the centre of his life was his family and it is no surprise that after leaving school Salim chose to work in the family business with his great friend, mentor and father, Ali.

Together they worked long hours developing the family business. Ali remembers him always by his side as a child and then as his colleague at Sultan Holdings.

Today is a recognition of the deep loss his passing has left in the hearts of all of us as a son, grandson, brother, cousin, nephew, friend and colleague. It is also a celebration of Salim, of his great gifts of friendship, his generosity of spirit, his love and the humour and the place he has in the hearts of everybody here today. We will never forget Salim's beautiful smile.

His brother, Moe Sultan, said in his eulogy:

Our collective loss and our grieving is only made worse by the reality that we lost you at such a young age.

In strength and in faith we will understand that we were most fortunate to have had you at all—He who gave you to us has taken you back.

Salim Sultan was born in Sydney on 21 May 1972—the first son of Ali and Christine Sultan—the eldest brother of Sonia, Saleh and myself.

Salim was a deeply spiritual individual—inquisitive and entirely questioning of religious doctrine in all its forms.

Moe Sultan went on to say:

Your life was a life of devotion to your family.

You were there with dad from the very beginning always putting us before yourself.

Our achievements are your achievements and our successes are your successes.

You were the pillar of strength and stability in our family. 8080 LEGISLATIVE COUNCIL 14 February 2012

Our challenge without you will be enormous.

Our trauma was seeing you suffer that tremendous battle.

You were a victim.

You were a victim of a relentless and unconquered disease.

Salim was diagnosed in February 2009 with non-Hodgkin's lymphoma—a disease we thought highly curable.

For over three years, he fought with strength and dignity—inspirational in his strength of mind and character.

Salim Sultan was a unique character. From my perspective, I am a far better person for having known him, having learned from him and having had the opportunity to be with him. He will be sorely missed. My sincere condolences go to his entire family.

TODDLER SAFETY

The Hon. MICK VEITCH [6.47 p.m.]: Anyone who is a parent, or a grandparent, knows the ongoing concern and worry one has for the welfare, safety and wellbeing of children. We all know that gut-wrenching feeling when one hears on the radio or television of the death of or serious injury to a toddler, whether it has occurred from a backyard pool mishap, a playful misadventure or a motor vehicle accident. We all have shaken our heads with heartfelt sorrow when we hear of a toddler having been accidentally reversed over by a parent, another relative or a family friend. The grief and guilt felt by parents in such circumstances must be overwhelming.

Recently I met with Emma and Peter Cockburn of Young. On 16 April last year Emma and Peter's world as they knew it came to an end. The youngest of their four beautiful girls, Georgina, was accidentally run over by Peter whilst he was reversing his ute and double-axle tool trailer into the garage. Georgina died almost immediately. When building their new home the Cockburns took great pains to ensure that it would be as safe as possible for their four girls. Unfortunately, they did not consider the height of the door handle of the internal access door to the garage or even a self-closer. An increasing number of injuries and deaths sustained by toddlers are related directly to low-speed vehicle run-overs, as in Georgina's case.

During our recent meeting at their home Emma and Peter spoke with great love for their daughter. Clearly they believe this harrowing event must have occurred for some reason—a reason to make positive change. They made it clear that they do not want other families to experience their trauma and grief. They want to put in place a series of steps that will prevent further injury and death to toddlers caused by low-speed vehicle run-overs. The Cockburns are dealing with their guilt, anger, frustration and terribly intense grief and sadness by focusing on four areas. The first is to create a national database that in some way can develop and record statistical evidence of these accidents. The Cockburns believe that a number of incidents of a toddler being injured may be misreported as something else. The most obvious point at which this data collection should take place is at a hospital. However, the practicality of this process needs exploring with State and Federal government agencies.

The second area relates to a national education campaign. The Cockburns are drawing inspiration from the "Do the Five—Stay Alive" swimming and water sense campaign involving Laurie Lawrence. The Cockburns spoke of the "Don't go if you don't know" campaign, which I believe was an initiative of Kidsafe Queensland. The third area of action for the Cockburns is to pursue changes to the building code for the access door between dwellings and garages. The Cockburns are looking also at driveway design and fencing as part of the proposed improvements to the Building Code of Australia. The fourth action area is pursuing mandatory rear visibility cameras on vehicles. I am told that these rear vision cameras will become mandatory in the United States by 2014. All these proposals will require a lot of work, determination and significant support—all of which the Cockburns have. There is talk of establishing a foundation that will draw on Georgina's unfortunate accident as the catalyst for the necessary changes.

The Cockburns have not been silent in their cause: they have held numerous media interviews and the like. I was most taken by their steely determination to invoke change that will potentially save the lives of many toddlers, just as the swimming pool safety or seat belt campaigns have done. As I walked with Emma and Peter through their beautiful home I could feel the love for Georgina. Peter has made alterations to the door between the house and the garage. He has also installed a safety mechanism on his roller door so that if the internal door is open for any reason the roller door will not function. Any driver will have to physically get out and check why the door will not open. Emma and Peter provided me with pages of statistics on recent injuries and deaths 14 February 2012 LEGISLATIVE COUNCIL 8081

caused by low-speed vehicle run-overs. It is a sobering read and begs the question: Why are we not doing something to prevent this from happening to our toddlers? It makes one think: What can we do to stop this from happening? I congratulate Emma and Peter on the work they have accomplished. On Australia Day they were recognised by the Young Shire Council for their work so far. From tragedy the Cockburns are working for change. There is much to be done and I wish them well. I extend my condolences to Peter, Emma and their family at the sad and tragic loss of Georgina.

SPORTS VOLUNTEER PAUL IRWIN

The Hon. JAN BARHAM [6.52 p.m.]: It gives me great pleasure to inform the House of the outstanding achievements of a very special volunteer and an important community project. Byron Shire's 2012 Citizen of the Year, Paul Irwin, has dedicated countless volunteer hours, days, months and years to local surf life saving and the community. He is a passionate supporter of sport. His dedication to the Byron Bay Surf Life Saving Club was recognised last year when he was awarded the Far North Coast Surf Life Saving Coach award. Not only is he an active member of the surf club, but he also coaches and participates as a senior member of the Byron Bay Surf Club. Last year alone he was primary trainer for all board sessions three times per week plus an ironman session and four ski sessions per week. He was at the surf club every day, often twice a day, from August to April.

Byron Bay Surf Club took out the overall championship in the New South Wales country titles and competed in the New South Wales State titles, Queensland State masters and the Australian surf life saving titles. Along with coaching, Paul also trains and has gained numerous medals at the New South Wales State and Australian titles, including gold in multiple events. Paul has been dedicated to the improvement of sports facilities in the Byron Bay area. A number of years ago he became involved in the upgrade of the Byron Bay recreation ground and the construction of the Suffolk Park Sports Field, and he was a constant driving force for the Byron Regional Sport and Cultural Complex.

Paul worked with local sports clubs and council to progress the design, funding and construction of the new facility. He has shown great passion for the project, attending many meetings with a commitment to consultation with sports groups to ensure the complex meets their needs. He believes in the importance of a healthy lifestyle and for facilities to meet and encourage those needs. He is a great mentor, leader and asset to the Byron shire community, and a down-to-earth all-round good bloke. For more than eight years I have had the pleasure of working with Paul Irwin in delivering sporting facilities in the Byron shire. By far the most outstanding achievement was the construction of the Byron Regional Sports and Cultural Complex, which was officially opened last Friday by me as mayor and the Federal member Justine Elliot. Local member and Minister for Local Government, Don Page, was also present and was recognised for his support of the project and assistance in securing State funding.

The $17 million complex was only possible only with the $9.5 million funding from the Federal Government. Byron Shire Council allocated the balance and applied developer contributions. The land was purchased by Byron Shire Council in 2003 and a working group was established to develop the plan of management for the site and progress the project. The site features seven outdoor playing fields, including netball and basketball courts, an athletics track, discus and shot-put cage, cricket nets and softball cage, synthetic and grass cricket pitches, amenity facilities, storage sheds and parking for more than 350 cars. The indoor facility features two courts for basketball and netball, a stage for performance, two meeting rooms and two function rooms, supported by a commercial kitchen, a dance room, a reception area, change rooms, amenities and storage areas as well as a large outdoor undercover area. The complex provides for the sporting, cultural, tourism and economic opportunities for the shire and region.

The community has chosen to honour some important people on this site, who were nominated by the Byron Community Sports Association. One of Australia's greatest sportspeople, a legend of athletics, Olympian Herb Elliot was living for a time in the shire and became a member of the working group. His involvement and advice were invaluable. Naming the athletics field in honour of this great man of sport will provide inspiration, especially for young people. Some people say that John and Delvene Cornell put Byron Bay on the map with the development of the Beach Hotel, but what is little known publicly is their ongoing support and generosity to community groups. The Cornell family has donated more than $2 million to local community groups. The family has provided great support to sporting groups, particularly with John's keen interest in and support for sport, especially cricket, and to environment groups, social services and health groups. For this support the Cornell family is being recognised with the naming of the Cornell Family Fields. Both Herb and the Cornell family were present last week for the launching, opening and unveiling of the sporting fields. 8082 LEGISLATIVE COUNCIL 14 February 2012

HILLGROVE MINE

The Hon. SCOT MacDONALD [6.57 p.m.]: I refer the House to a gross misrepresentation by the New South Wales Greens of a pollution incident last year at the Hillgrove gold and antimony mine east of Armidale. On 7 October the Macleay Argus quoted the Hon. Jeremy Buckingham as follows:

I visited the mine on September 17 and you could clearly see where the discharge had entered creeks. The mine itself looked like a dog's breakfast.

This comment referred to an overflow of stored water at the Hillgrove mine in August 2011. This article was the start of a series of misleading and factually wrong statements by The Greens' mining spokesman. Straits Resources own and operate the mine. In December last year I met with the Armidale staff of the Environment Protection Authority [EPA] and visited the Hillgrove mine. Environment Protection Authority staff and Straits Resources personnel confirmed that Mr Buckingham had neither contacted them nor visited the mine site. Straits Resources has no record of any attempt by Mr Buckingham to email, phone or physically come onto its premises. I toured the mine and the site of the spill and advise that it is impossible to inspect the relevant parts of the mine without having legal access to the premises. However, the questionable claims of inspection by Mr Buckingham are not the greatest concern. In chasing a headline, Mr Buckingham misled the communities of the Macleay catchment.

The Hon. Jan Barham: Point of order: I object to this adjournment speech. It is an attack on a colleague of mine and should be moved by way of a substantive motion and not during the adjournment debate.

The DEPUTY-PRESIDENT (The Hon. Jennifer Gardiner): Order! There is no point of order. Wide latitude is extended to members during the adjournment debate.

The Hon. SCOT MacDONALD: In chasing a headline Mr Buckingham misled the communities of the Macleay catchment. He failed to acknowledge that the Environment Protection Authority had responded to the spills and reported they were quickly diluted in the massive rain events of the time—one in 95-year falls. The heavy rain events caused a range of other contaminants to be washed down the catchment causing temporary deterioration of water quality. Mr Buckingham enthusiastically reported the Department of Health warnings about the Macleay River, but these were shown to be unrelated to the mine discharges. He misled them about the facts, incorrectly cast blame on the mine and unnecessarily alarmed residents and farmers relying on the river.

He failed to clarify that the catchment consistently records high levels of arsenic and antimony due to the geology of the region having natural, elevated levels of these minerals. However, Mr Buckingham has correctly mentioned there is also a legacy of over 100 years of mining and over 1,000 abandoned diggings that contribute to the level of contaminants. Mr Buckingham claimed also in the Grafton Daily Examiner that the mine had been mothballed since 1997. In fact, Straits Resources only put the mine into care and maintenance in 2009.

This litany of shoddy half-truths is not unexpected but this nonsense needs to be condemned because it has the perverse impact of increasing the risk of further discharges from the site. Both the Environment Protection Authority and Straits Resources could have explained to Mr Buckingham that an operational mine has a far higher capacity to dispose of stormwater run-off. This will happen if Straits is able to sell the mine as it has reported to the Australian Securities Exchange [ASX]. The company has a prospective buyer but Mr Buckingham's scaremongering has caused unnecessary concerns amongst potential funding providers, both in Australia and overseas.

Of course, in addition to better environmental management with an operational mine, the enterprise will provide jobs and economic benefits to the region. Antimony is a rare resource used in fire retardants, ball bearings and microelectronics. China has been the largest producer of antimony, but its availability to the rest of the world has lately been uncertain so securing this resource and making it commercially available for critical industries has wider implications than driving up the number of Twitter followers for Mr Buckingham.

Minister Parker and the Environment Protection Authority have publicly insisted on the highest standards of safeguards. The Environment Protection Authority has investigated the relatively small discharges and reported that they represented no threat to public safety or the environment. Nevertheless, the Environment Protection Authority has ordered the operator to modify some of its stormwater handling procedures and encouraged the purchase of evaporators to disperse some of the water. 14 February 2012 LEGISLATIVE COUNCIL 8083

I raise this sorry tale of bumbling, opportunistic spin as a cautionary tale. It is symptomatic of The Greens approach to issues like coal seam gas. Unsubstantiated claims, unrelated comparisons with overseas cases, denial of current planning protocols and embellishment of pollution incidents are the hallmark of their crusade against the resources industries. The community needs to be on guard and check The Greens' claims that too often are found to be hollow and not in the best interests of the environment, the economy or our communities.

SYDNEY DRIVE-BY SHOOTINGS

The Hon. ROBERT BORSAK [7.02 p.m.]: Being St Valentine's Day and although it is not Chicago, I suppose it is somehow appropriate that law-abiding firearms owners are again being put upon by government in response to the gang-related crime and drive-by shootings in Sydney. Since the new Government came to office there have been more than 60 incidents where criminals with illegal weapons have shot at each other and at each other's houses to send a message of some sort, if scuttlebutt is to be believed, about turf or drugs. However, because this illegal activity is one that piques the interest of the media, governments tend to jump up and down in an effort to calm the media storm and what happens? Longstanding, law-abiding firearms owners who do none of these illegal things get it in the neck.

I speak here about the Government's decision—without any consultation with a party that represents thousands of shooters in this State—to come up with a law that has already failed in South Australia. The South Australian Government brought in the same red tape restrictions on ammunition to stop bikies shooting themselves. Did it work? Perhaps we could ask the boss of one of the gangs who has just been the subject of a fourth assassination attempt by shooting. It is unfortunate that the Government, through the Premier, who does not seem to like the fact that shooters have two representatives in the Parliament who are actually shooters and know the laws, did not talk to us about these proposals. We wish they had done so. We would have told them that their ammunitions plan will not and cannot work. We would have suggested a plan that will work and will not involve dealers in unnecessary paperwork.

The Commissioner of Police has been quoted as being "particularly pleased with the introduction of the ammunition laws" because he said, "They are laws that we have been waiting for, for some time." I would ask: Why? As the proposal now stands they cannot have any impact at all on stopping drive-by shootings, which is apparently what the commissioner thinks. Good police intelligence is the way to deal with these crimes. If police have intelligence that someone with a firearms licence is buying ammunition and passing it on to criminal elements doing the drive-by shootings, they should crack down on the wrongdoer. Laws are already in place making it an offence to possess ammunition without a proper licence, and this would apply to the criminals in those shootings.

If there are any concerns about someone supplying criminals with ammunition, the proposal from the Shooters and Fishers Party is to create a new offence under the Firearms Act to make it an offence to give or supply ammunition to a person who does not hold a firearms licence or a licence for that particular category of ammunition. That is a simple, practical measure that removes any perceived vagueness in the current legislation. We offer that proposal to the Government, free of charge. It gives police the powers to arrest and charge criminals without imposing an undue burden on firearms dealers or massive inconvenience to legal firearms owners. Legal and law-abiding firearms owners are as much against these criminal activities as anyone else. They do not need to be unfairly impacted by government and opposition parties competing to see who can come up with the biggest and best law-and-order package.

GENOCIDE PERSONAL STUDY TOUR

The Hon. WALT SECORD [7.07 p.m.]: Tonight I share with the Chamber my recent visits to sites of some of the greatest oppressions of life and liberty in world history. I want to share them to emphasise their relevance to this day. On 29 January I attended a Sydney ceremony to mark the sixty-seventh anniversary of the liberation of Auschwitz. While I have attended many similar events over the past two decades, this one was different for me as only three weeks earlier I had stood in the grounds of Auschwitz itself. It was an icy, Polish- winter day that I will never forget. It was one of many difficult, but ultimately inspiring days, on a personal study tour I undertook in December and January.

Members will be aware of my activity within the parliamentary friendship groups for Israel and Armenia. In the early 1990s, as a young journalist, I reported on a program for young Jewish people known 8084 LEGISLATIVE COUNCIL 14 February 2012 as the March of the Living. They marched three kilometres from Auschwitz to Birkeneau and retraced the actual route that countless Jewish men, women and children undertook to the gas chambers. I pledged that one day I would undertake a similar pilgrimage. My study tour started in Armenia, with a visit to its national genocide memorial and museum in Yerevan where I had the honour and privilege of laying a wreath.

Members will be aware of the current controversy in France over the Armenian genocide. It is repugnant for Turkey to deny the deaths of the 1.5 million Armenians. It is time for Ankara to accept the past and unequivocally recognise the Armenian genocide. Furthermore, while in Armenia, I had the honour of being the first Australian member of Parliament to visit Nagorno-Karabakh, also known as Artsakh. I hope to speak on those experiences at a later date and one day I hope to return to Armenia as part of a multiparty New South Wales parliamentary delegation.

After Armenia I went to Paris to view the sites of the infamous deportations of Jews to camps like Auschwitz. From there I travelled Krakow's Jewish quarter in Poland to see the ashes of a once vibrant community. What was most disturbing to see was the widespread anti-Semitic graffiti there. It is shocking that this can occur in the nation which was the site of the most infamous exterminations in world history and this only highlights the need to study such events to ensure the horror that such hate-infested thinking leads to is never forgotten. As Nobel Prize winner and Auschwitz survivor Primo Levi said:

Those who deny Auschwitz would be ready to remake it.

Since then there has been Rwanda, Srebrenica in Bosnia and Halajba in Iraq. For it was Hitler who said in August 1939:

Who, after all, speaks today of the annihilation of the Armenians?

Sadly too few of us know of the Armenian genocide. It was that very denial of history that allowed communities to silently watch the transports to and the smoke of Auschwitz. That, above all, is what is so striking about Auschwitz. Auschwitz is a place of planned, clinical, mechanised death. After Poland I visited Israel and Yad Vashem, the national centre in Jerusalem that safeguards the memory of the six million victims of Shoah and imparts its meaning for future generations. I spent 10 days travelling around Israel from the Yitzhak Rabin Crossing Point into Jordan in the south to the Gadot Observation Point in the north near Syria.

I saw the survival of the Jewish people, the nation that Auschwitz was intended to finish. I visited also the Palestinian territories including Jericho and Ramallah. For the record, I still believe that a two-State solution is possible in the Middle East. Finally, I arranged to visit Iraqi Kurdistan to get a contemporary context. I visited Halabja, 10 kilometres from the Iranian border, where Saddam Hussein in March 1988 unleashed chemical gas attacks on the Kurds killing 5,000 people. Between 1987 and 1989 Saddam Hussein carried out the genocidal Anfal campaign against civilians destroying 4,500 villages and murdering an estimated 200,000 Kurds. I visited the national monument and museum there and met the survivors of Saddam Hussein's atrocities. I also had the opportunity to visit the infamous Red Security facility which was named after the red wall that surrounded it. This was the headquarters where Saddam Hussein's secret police tortured and imprisoned thousands of people.

A room was set aside especially to torture children. I am neither a sheltered nor a squeamish man but this was perhaps one of the most horrific places I have seen. At one point a young Kurdish boy tried to enter one of the rooms of the museum. The guide stopped him and said that there were things in the museum that children should never see. There were things that no-one should see, let alone experience, but they are real. That is the true horror. That is the reason why, as painful as the memories are, they must be remembered. As emotionally and intellectually difficult as this trip has been, one day I hope to visit Rwanda, Bosnia and Cambodia.

Finally, for the record, during the 34 days I paid for all my flights; there was no cost to the Australian or New South Wales taxpayer. I would like to thank Dr Colin Rubenstein and Mr Peter Adler from the Australia-Israel Jewish Affairs Council who are both fantastic advocates for Israel, and Albert Dadon and 14 February 2012 LEGISLATIVE COUNCIL 8085

Mr Keith Lawrence from the Australia-Israel-UK Leadership Dialogue Group. Mr Dadon arranged unprecedented access to Israel's key decision-makers for people at the conference. He also arranged for the dialogue group to meet the Prime Minister of the Palestinian Authority.

Further I would like to thank the Armenian National Committee of Australia's Varant Meguerditchian, Mr Giro Manoyan in Armenia and Mr Sassoon Grigorian of Sydney and the Kurdish Regional Government's Australian representative Mr Haval Sayan. They have all assisted with some local accommodation and travel. Their help made this journey and this education possible. I thank them sincerely and hope to do justice to their efforts and ongoing advocacy. I thank the House for its consideration.

Question—That this House do now adjourn—put and resolved in the affirmative.

Motion agreed to.

The House adjourned at 7.12 p.m. until Wednesday 15 February 2012 at 11.00 a.m.

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