6543
PROOF
LEGISLATIVE COUNCIL
NOTICE PAPER
No. 83
TUESDAY 11 MAY 2021
The House meets this day at 2.30 pm
Contents
Business of the House—Notices of Motions ...... 6544 Matter of Public Importance ...... 6544 Government Business—Orders of the Day...... 6544 Committee Reports and Government Responses—Orders of the Day ...... 6545 Private Members' Business ...... 6550 Business for future consideration ...... 6638 Bills referred to Select or Standing Committees ...... 6640 Provisions of Bills referred to Select or Standing Committees...... 6641 Contingent Notices of Motions ...... 6641 Bills discharged, laid aside, negatived or withdrawn...... 6644
6544 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
BUSINESS OF THE HOUSE—NOTICES OF MOTIONS
1. Mr Field to move—
That, under section 41 of the Interpretation Act 1987, this House disallows the Protection of the Environment Operations (General) Amendment (Native Forest Bio-material) Regulation 2020, published on the NSW Legislation website on 14 August 2020.
(Notice given 25 August 2020)
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MATTER OF PUBLIC IMPORTANCE
1. Mr Shoebridge to move—
That the following matter of public importance be discussed forthwith: The issues raised by the independent inquiry entitled "Valuing the Teaching Profession", authored by Dr Geoff Gallop (chair) former WA Premier and Education Minister together with Dr Tricia Kavanagh, former Justice of the NSW Industrial Court and Deputy President of the NSW IRC and Patrick Lee, former Chief Executive of the NSW Institute of Teachers.
(Notice given 24 March 2021)
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GOVERNMENT BUSINESS—ORDERS OF THE DAY
1. Budget Estimates 2020-2021: resumption of the adjourned debate (17 November 2020) of the question on the motion of Mr Tudehope: That the House take note of the Budget Estimates and related papers for the financial year 2020-2021—Mr Tudehope speaking.
2. Road Transport Amendment (Mobile Phone Detection) Bill 2019: consideration in committee of the whole—Mrs Taylor.
(Standing orders suspended for remaining stages, Tuesday 12 November 2019)
3. Planning Legislation Amendment Bill 2019: second reading—Mrs Taylor.
(Standing orders suspended for remaining stages, Tuesday 6 August 2019)
4. Local Government Amendment Bill 2021: second reading—Mr Harwin.
(Standing orders suspended for remaining stages, Wednesday 24 March 2021)
5. Real Property Amendment (Certifcates Of Title) Bill 2021:second reading—Mr Tudehope.
(Standing orders suspended for remaining stages, Wednesday 24 March 2021) 6545 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
6. Mandatory Disease Testing Bill 2020:second reading—Mr Tudehope.
(Standing orders suspended for remaining stages, Wednesday 24 March 2021)
7. Civil Liability Amendment (Child Abuse) Bill 2021: second reading—Mrs Mitchell.
(Standing orders suspended for remaining stages, Wednesday 5 May 2021)
*8. Tax Administration Amendment (Combating Wage Theft) Bill 2021: resumption of the adjourned debate of the question on the motion of Mr Tudehope: That this bill be now read a second time (5 calendar days from 6 May 2021)—Mrs Maclaren-Jones. (20 minutes)
9. Address of Condolence to Her Majesty the Queen and members of the Royal Family: resumption of the adjourned debate (6 May 2021) of the question on the motion of Mr Harwin:
That the following Address of Condolence to Her Majesty the Queen and members of the Royal Family 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 express to Your Majesty and other members of the Royal Family, our sorrow and heartfelt sympathy at the death of His Royal Highness Prince Philip, the Duke of Edinburgh on 9 April 2021—Mr Harwin speaking.
*Council bill
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COMMITTEE REPORTS AND GOVERNMENT RESPONSES— ORDERS OF THE DAY
(Debate on committee reports and government responses takes precedence after Questions on Tuesdays until 6.30 pm according to sessional order.)
1. Public Accountability Committee: Report No. 5 entitled “Budget processes for independent oversight bodies and the Parliament of New South Wales: First report”, dated March 2020: resumption of the adjourned debate (24 March 2020) of the question on the motion of Mr Shoebridge: That the House take note of the report and resumption of the adjourned debate (13 October 2020) of the question on the motion of Mr Shoebridge: That the House take note of the response—Mr Shoebridge speaking. (18 minutes remaining)
2. Public Accountability Committee: Report No. 6 entitled “Regulation of building standards, building quality and building disputes: Final report”, dated April 2020: resumption of the adjourned debate (12 May 2020) of the question on the motion of Mr Shoebridge: That the House take note of the report and resumption of the adjourned debate (10 November 2020) of the question on the motion of Mr Shoebridge: That the House take note of the response— Mr Shoebridge speaking. (20 minutes) 6546 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
3. Portfolio Committee No. 1 – Premier and Finance: Report No. 50 entitled “Budget Estimates 2019- 2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Ms Moriarty: That the House take note of the report—Ms Moriarty speaking. (15 minutes)
4. Portfolio Committee No. 1 – Premier and Finance: Report No. 51 entitled “Budget Estimates 2019- 2020 relating to the portfolios of Jobs, Investment, Tourism and Western Sydney and the Legislature”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Ms Moriarty: That the House take note of the report—Ms Moriarty speaking. (15 minutes)
5. Portfolio Committee No. 2 – Health: Report No. 53 entitled “Budget Estimates 2019-2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Mr Donnelly: That the House take note of the report—Mr Donnelly speaking. (15 minutes)
6. Portfolio Committee No. 3 – Education: Report No. 41 entitled “Budget Estimates 2019-2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Mr Latham: That the House take note of the report—Mr Latham speaking. (15 minutes)
7. Portfolio Committee No. 4 – Industry: Report No. 43 entitled “Budget Estimates 2019-2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Mr Banasiak: That the House take note of the report—Mr Banasiak speaking. (15 minutes)
8. Portfolio Committee No. 5 – Legal Affairs: Report No. 53 entitled “Budget Estimates 2019-2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Mr Shoebridge (on behalf of Mr Borsak): That the House take note of the report—Mr Borsak speaking. (15 minutes)
9. Portfolio Committee No. 6 – Transport and Customer Service: Report No. 12 entitled “Budget Estimates 2019-2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Ms Boyd: That the House take note of the report—Ms Boyd speaking. (15 minutes)
10. Portfolio Committee No. 7 – Planning and Environment: Report No. 2 entitled “Budget Estimates 2019- 2020”, dated May 2020: resumption of the adjourned debate (2 June 2020) of the question on the motion of Ms Faehrmann: That the House take note of the report—Ms Faehrmann speaking. (15 minutes)
11. Select Committee on Animal Cruelty Laws in New South Wales: Report entitled “Animal Cruelty Laws in New South Wales” dated June 2020: resumption of the adjourned debate (4 June 2020) of the question on the motion of Mr Pearson: That the House take note of the report and resumption of the adjourned debate (16 February 2021) of the question on the motion of Mr Pearson: That the House take note of the response —Mr Pearson speaking. (20 minutes)
12. Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission: Report entitled “2020 Review of the Annual Reports of Oversighted Bodies”, dated June 2020: resumption of the adjourned debate (4 August 2020) of the question on the motion of Mr Khan: That the House take note of the report—Mr Khan speaking. (12 minutes remaining)
13. Committee on Children and Young People: Report No. 1/57 entitled “2020 Review of the Annual Reports and other matters of the Office of the Advocate for Children and Young People”, dated June 2020: resumption of the adjourned debate (4 August 2020) of the question on the motion of Mr Donnelly: That the House take note of the report—Mr Donnelly speaking. (15 minutes)
6547 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
14. Portfolio Committee No. 7 – Planning and Environment: Report No. 3 entitled “Koala populations and habitat in New South Wales”, dated June 2020: resumption of the adjourned debate (4 August 2020) of the question on the motion of Ms Faehrmann: That the House take note of the report and resumption of the adjourned debate (16 February 2021) of the question on the motion of Ms Faehrmann: That the House take note of the response—Ms Faehrmann speaking. (20 minutes)
15. Portfolio Committee No. 5 – Legal Affairs: Report No.54 entitled “Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020”, dated July 2020: resumption of the adjourned debate (4 August 2020) of the question on the motion of Mr Borsak: That the House take note of the report and resumption of the adjourned debate (16 February 2021) of the question on the motion of Mr Borsak: That the House take note of the response —Mr Borsak speaking. (20 minutes)
16. Committee on the Independent Commission Against Corruption: Report No. 2/57 entitled “Review of the 2018-2019 Annual Reports of the ICAC and the Inspector of the ICAC”, dated August 2020: resumption of the adjourned debate (6 August 2020) of the question on the motion of Mr Martin: That the House take note of the report—Mr Martin speaking. (15 minutes)
17. Standing Committee on Law and Justice: Report No. 74 entitled “Work Health and Safety Amendment (Information Exchange) Bill 2020”, dated September 2020: resumption of the adjourned debate (15 September 2020) of the question on the motion of Mr Fang: That the House take note of the report—Mr Fang speaking. (13 minutes remaining)
18. Standing Committee on State Development: Government response received on 7 September 2020 to Report No. 46 of the Standing Committee on State Development entitled “Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2020”: resumption of the adjourned debate (15 September 2020) of the question on the motion of Mr Martin: That the House take note of the response—Mr Martin speaking. (15 minutes)
19. Portfolio Committee No. 2 – Health: Report No. 54 entitled “Health impacts of exposure to poor levels of air quality resulting from bushfires and drought”, dated September 2020: resumption of the adjourned debate (16 September 2020) of the question on the motion of Mr Donnelly: That the House take note of the report and resumption of the adjourned debate (16 March 2021) of the question on the motion of Mr Donnelly: That the House take note of the response —Mr Donnelly speaking. (20 minutes)
20. Regulation Committee: Report No. 6 entitled “Impact and implementation of the Water Management (General) Amendment (Exemptions for Floodplain Harvesting) Regulation 2020”, dated September 2020: resumption of the adjourned debate (22 September 2020) of the question on the motion of Mr Veitch: "That the House take note of the report and the government response"—Mr Veitch speaking. (20 minutes)
21. Portfolio Committee No. 5 – Legal Affairs: Report No. 55 entitled “Anti-Discrimination Amendment (Complaint Handling) Bill”, dated September 2020: resumption of the adjourned debate (22 September 2020) of the question on the motion of Mr Borsak: That the House take note of the report and resumption of the adjourned debate (18 March 2021) of the question on the motion of Mr Borsak: That the House take note of the response—Mr Borsak speaking. (20 minutes)
22. Portfolio Committee No. 4 – Industry: Report No. 45 entitled “Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019”, dated September 2020: resumption of the adjourned debate (24 September 2020) of the question on the motion of Mr Banasiak: That the House take note of the report—Mr Banasiak speaking. (15 minutes)
6548 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
23. Committee on Children and Young People: Report No. 2/57 entitled “2020 Review of Annual Reports and other matters of the Office of the Children's Guardian”, dated September 2020: resumption of the adjourned debate (24 September 2020) of the question on the motion of Mr Mason-Cox: That the House take note of the report—Mr Mason-Cox speaking. (15 minutes)
24. Privileges Committee: Report No. 80 entitled “Execution of search warrants by the Australian Federal Police”, dated October 2020: resumption of the adjourned debate (13 October 2020) of the question on the motion of Mr Primrose: That the House take note of the report—Mr Primrose speaking. (10 minutes remaining)
25. Standing Committee on Social Issues: Report No. 57 entitled "State Records Act 1998 and the Policy Paper on its review", dated October 2020: resumption of the adjourned debate (15 October 2020) of the question on the motion of Mr Mallard: That the House take note of the report and the government response—Mr Mallard speaking. (15 minutes remaining)
26. Regulation Committee: Report No. 7 entitled "Making of delegated legislation in New South Wales", dated October 2020: resumption of the adjourned debate (22 October 2020) of the question on the motion of Mr Veitch: That the House take note of the report and the government response—Mr Veitch speaking. (20 minutes)
27. Committee on the Health Care Complaints Commission: Report No. 1/57 entitled "Review of the Health Care Complaints Commission's 2017-18 and 2018-19 annual reports", dated November 2020: resumption of the adjourned debate (10 November 2020) of the question on the motion of Mr Amato: That the House take note of the report—Mr Amato speaking. (15 minutes)
28. Joint Standing Committee on Electoral Matters: Report No. 1/57 entitled "Administration of the 2019 NSW State Election", dated October 2020: resumption of the adjourned debate (10 November 2020) of the question on the motion of Mr Franklin: That the House take note of the report and the government response—Mr Franklin speaking. (20 minutes)
29. Privileges Committee: Report No. 81 entitled "Execution of search warrants by the Australian Federal Police No. 2", dated November 2020: resumption of the adjourned debate (18 November 2020) of the question on the motion of Mr Primrose: That the House take note of the report—Mr Primrose speaking. (10 minutes remaining)
30. Portfolio Committee No. 2 – Health: Report No. 55 entitled "Current and future provision of health services in the South‑West Sydney Growth Region", dated November 2020: resumption of the adjourned debate (16 February 2021) of the question on the motion of Mr Donnelly: That the House take note of the report—Mr Donnelly speaking. (15 minutes)
31. Portfolio Committee No. 6 – Transport and Customer Service: Report No. 13 entitled "Operation of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016", dated December 2020: resumption of the adjourned debate (16 February 2021) of the question on the motion of Ms Boyd: That the House take note of the report—Ms Boyd speaking. (15 minutes)
32. Portfolio Committee No. 4 – Industry: Report No. 46 entitled "The use of exotic animals in circuses and exhibition of cetaceans in New South Wales", dated December 2020: resumption of the adjourned debate (16 February 2021) of the question on the motion of Ms Hurst (on behalf of Mr Banasiak): That the House take note of the report—Mr Banasiak speaking. (15 minutes)
6549 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
33. Portfolio Committee No. 3 – Education: Report No. 41 entitled "Future development of the NSW tertiary education sector", dated January 2021: resumption of the adjourned debate (16 February 2021) of the question on the motion of Mr Latham: That the House take note of the report—Mr Latham speaking. (15 minutes)
34. Public Accountability Committee: Report No. 7 entitled "Budget process for independent oversight bodies and the Parliament of New South Wales - Final Report", dated February 2021: resumption of the adjourned debate (16 February 2021) of the question on the motion of Mr Shoebridge: That the House take note of the report—Mr Shoebridge speaking. (15 minutes)
35. Portfolio Committee No. 7 – Planning and Environment: Report No. 5 entitled "Rationale for, and impacts of, new dams and other water infrastructure in NSW - Part 1", dated March 2021: resumption of the adjourned debate (18 March 2021) of the question on the motion of Ms Faehrmann: That the House take note of the report—Ms Faehrmann speaking. (15 minutes)
36. Public Works Committee: Report No. 4 entitled "Costs for remediation of sites containing coal ash repositories", dated March 2021: resumption of the adjourned debate (23 March 2021) of the question on the motion of Mr Mookhey: That the House take note of the report—Mr Mookhey speaking. (15 minutes)
37. Portfolio Committee No. 1 – Premier and Finance: Report No. 52 of Portfolio Committee No. 1 - Premier and Finance entitled "Cyber security", dated March 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Ms Moriarty: That the House take note of the report—Ms Moriarty speaking. (15 minutes)
38. Public Accountability Committee: Report No. 8 of the Public Accountability Committee entitled 'Inquiry into the integrity, efficacy and value for money of NSW Government grant programs: First report', dated March 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Shoebridge: That the House take note of the report—Mr Shoebridge speaking. (14 minutes remaining)
39. Portfolio Committee No. 7 – Planning and Environment: Report No. 6 of Portfolio Committee No. 7 – Planning and Environment entitled "Local Land Services Amendment (Miscellaneous) Bill 2020", dated March 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Ms Faehrmann: That the House take note of the report—Ms Faehrmann speaking. (14 minutes remaining)
40. Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020: Report No. 1/57 of the Joint Select Committee on the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, dated March 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Ms Cusack: That the House take note of the report—Ms Cusack speaking. (14 minutes remaining)
41. Select Committee on the high level of First Nations people in custody and oversight and review of deaths in custody: Report entitled "High level of First Nations people in custody and oversight and review of deaths in custody, dated April 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Searle: That the House take note of the report—Mr Searle speaking. (14 minutes remaining)
42. Portfolio Committee No. 3 – Education: Report No. 42 entitled "Review of the New South Wales school curriculum", dated April 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Latham: That the House take note of the report—Mr Latham speaking. (14 minutes remaining)
6550 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
43. Portfolio Committee No. 5 – Legal Affairs: Report No. 57 entitled "Provision of the Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2020", dated April 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Borsak: That the House take note of the report—Mr Borsak speaking. (14 minutes remaining)
44. Standing Committee on Law and Justice: Report No. 75 of the Standing Committee on Law and Justice entitled "2020 review of the Workers Compensation Scheme", dated April 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Fang: That the House take note of the report—Mr Fang speaking. (14 minutes remaining)
45. Standing Committee on Law and Justice: Report No. 76 of the Standing Committee on Law and Justice entitled "Mandatory Disease Testing Bill 2020", dated April 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Fang: That the House take note of the report—Mr Fang speaking. (14 minutes remaining)
46. Standing Committee on Social Issues: Report No. 58 entitled "Gay and Transgender hate crimes between 1970 and 2010: Final Report", dated March 2021: resumption of the adjourned debate (24 March 2021) of the question on the motion of Mr Mallard: That the House take note of the report—Mr Mallard speaking. (14 minutes remaining)
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PRIVATE MEMBERS' BUSINESS
* 1. Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019: resumption of the interrupted (26 August 2020) debate of the question on the motion of Mr Latham: That this bill be now read a second time—Ms Jackson speaking. (13 minutes remaining)
* 19. Public Finance and Audit Amendment (Northern Beaches Hospital) Bill 2019: resumption of the adjourned debate of the question on the motion of Mr Secord: That this bill be now read a second time (5 calendar days from 30 May 2019)—Mrs Maclaren-Jones. (20 minutes)
25. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to provide a framework for emergency action on climate change mitigation and adaptation in the State; to set targets for the reduction of greenhouse gas emissions; and to provide for monitoring and reporting of the impacts of climate change on people, communities and ecosystems in the State.
(Climate Change Emergency Bill)
(Notice given 8 May 2019)
* 28. Liquor Legislation Amendment (Repeal of Lock-out Laws) Bill 2019: resumption of the adjourned debate of the question on the motion of Mr Borsak: That this bill be now read a second time (5 calendar days from 30 May 2019)—Mrs Maclaren-Jones. (20 minutes)
6551 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
33. Mr Shoebridge to move—
That leave be given to bring in a bill for an Act to amend the Children and Young Persons (Care and Protection) Act 1998 and the Adoption Act 2000 to reverse certain amendments made the Children and Young Persons (Care and Protection) Amendment Act 2018.
(Children and Adoption Legislation Amendment (Reversal) Bill)
(Notice given 8 May 2019)
35. Mr Borsak to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 in relation to the possession or discharge of firearms when committing or attempting to commit certain offences.
(Crimes Amendment (Possession or Discharge of Fireams in Commission of Offences) Bill)
(Notice given 8 May 2019)
*48. Crown Land Management Amendment (Reservation and Vesting of Crown Land) Bill 2019: resumption of the adjourned debate of the question on the motion of Mr Veitch: That this bill be now read a second time (5 calendar days from 6 June 2019)—Mrs Maclaren-Jones. (20 minutes)
*55. Fishing Legislation Amendment (Right to Fish) Bill 2019: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 14 November 2019)—Mr Farraway. (20 minutes)
(Order of the day previously inside the order of precedence)
59. Mr Borsak to move—
That leave be given to bring in a bill for an Act to establish an inquiry into the management of the Murray- Darling Basin; and for related purposes.
(Murray-Darling Basin Commission of Inquiry Bill)
(Notice given 28 May 2019)
60. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 and the Liquor Relation 2018 to repeal provisions that prevent patrons from entering licensed premises in the Sydney CBD and Kings Cross precincts after 1.30 am.
(Liquor Legislation Amendment (Repeal of Inner-City Sydney Lock-out Laws) Bill)
(Notice given 28 May 2019)
6552 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
72. Mr Field to move—
That leave be given to bring in a bill for an Act to develop and provide for the publication of measures that indicate the wellbeing of people, communities and ecosystems in the State.
(Wellbeing Indicators Bill)
(Notice given 30 May 2019)
86. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to amend the Protection of the Environment Operations Act 1997 to provide for the standards of concentration for emissions of certain air impurities that are not to be exceeded in respect of coal-fired power stations.
(Protection of the Environment Operations Amendment (Clean Air) Bill)
(Notice given 5 June 2019)
*91. Repeal of Kosciuszko Wild Horse Heritage Legislation Bill 2019: resumption of the adjourned debate of the question on the motion of Ms Sharpe: That this bill be now read a second time (5 calendar days from 8 August 2019)—Mrs Maclaren Jones. (20 minutes)
100. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to repeal the Kosciuszko Wild Horse Heritage Act 2018.
(Kosciuszko Wild Horse Heritage Repeal Bill)
(Notice given 18 June 2019)
121. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to prohibit conduct that causes serious harm to or the destruction of a foetus; and for other purposes.
(Crimes Amendment (Protection of Foetuses) Bill)
(Notice given 20 June 2019)
27. Harmony Day: resumption of the adjourned debate (17 October 2019) of the question on the motion of Mr Farlow:
1. That this House notes that:
(a) Harmony Day is organised by the Moving Forward Together Association and was celebrated on 21 March 2019,
(b) on 19 June 2019, the Moving Forward Together Association 2019 Harmony Day Poster and Song Writers Competition Prize Giving Ceremony was hosted in Parliament House, Sydney, and
(c) a number of dignitaries and special guests were present at the event including the Honourable Gladys Berejiklian MP, Premier of NSW, the Honourable John Sidoti, Minister for Multiculturalism, the Honourable Sarah Mitchell MLC, Minister for Education, Dr Marjorie 6553 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
O’Neill, Member for Coogee representing the Honourable Penny Sharpe MLC, Interim Leader of the Opposition, the Honourable Phillip Ruddock, Mayor of Hornsby Shire Council, the Honourable Laurie Ferguson, Mr Ernie Friedlander OAM, President, Moving Forward Together Association, Ms Nell Lynes and the Honourable Scott Farlow MLC, Parliamentary Secretary to the Treasurer.
2. That this House notes:
(a) that Harmony Day was created 14 years ago by Ernie Friedlander, a Holocaust survivor who was inspired to create the event to promote social harmony and the Moving Forward Together Association,
(b) the event was designed as a social initiative by various community groups committed to creating a better understanding amongst all sectors of the community for a vision of living in harmony,
(c) that each year the Harmony Day Poster Competition attracts thousands of entries and brings out the creativity and passion of school students motivated by a desire for a peaceful and inclusive society with the competition open to all primary and secondary students across New South Wales and the Australian Capital Territory, and
(d) the Moving Forward Together Team is adamant in its vision to encourage humanity to review its attitudes of those who are prejudiced and who stereotype and discriminate, which can too often lead to conflict and violence.
3. That this House acknowledges and congratulates the:
(a) winners of the Poster Competition including, Georgia Lee-Ball, Nepean Performing Arts High School, State Winner (High School), Dhani Maksun, Orchid Hills Primary School, State Winner (Primary School), Alex Wang, Armidale High School Denise Nzovu, Warrawong Intensive English Centre, Hellen Wang, Hornsby Girls High School, Rachel Seo, Concord High School, Jenna Yun, Burwood Girls High School, Jorja Cohen, Armidale High School, Meiying Wu, Warrawong Intensive English Centre, Jiho Baek, Pacific Hills Christian School, Claudia Gill, Nepean Creative and Performing Arts High School, Monica Xu, Strathfield Gilrs High School, Suenna Jeong, St George Girls High School, Charlotte Manton, West Wyalong High School, Bryan Ko, Epping Boys High School, Jasmine Patanjali, Mount Saint Benedict College, Caroline Lee, Our Lady of Mercy College, Parramatta, Sarah Al Helfy, Birrong Girls High School, Angelina Sims, Eileen O’Conner Catholic College, Skevos Tsangaris, Eileen O’Conner Catholic College, Anthea Arvanitellis, Sydney Girls High School, Dhani Maksur, New Lambtown South Public School, the St Therese’s Community School, Wilcannia, Tyler Cunning, Eden Public School, Claudia Lee, Tangara School for Girls, Min Zhi Jin, Harcourt Public School, Jayden Hong, Woollahra Public School, Anastasia Forster, Belmont North Public School, Millie Jones, St Mary’s Catholic School, Wellington, Shakaya Aldridge, Eden Public School, Claire Shin, Pacific Hills Christian School, Joelle Jung, Carlingford West Public School, Ivy Kim, Strathfield South Public School, San Lee, Fort Street Public School, Marina Chamberlin, Hillsborough Public School, Lennox Bennet, St Mary’s Catholic, Wellington, Clarice Howe, Bulli Public School, Yeon Hee (Emma Kim), Our Lady of Dolours Catholic Primary School Chatswood, Younghoon Jung, Newington College, Francis Jang, Korean Catholic Languages School, Jack Lee, St Mary’s Catholic Primary School, San Kang, Homebush Public School and Ruby Levitt, Reddam House Woollahra,
(b) winners of the Song Writing Competition including, Jeremy Dodds, North Gosford Learning Centre (First Prize), Teresa Chen, Strathfield Girls High School (Joint Second Prize), Christine Chung, Strathfield Girls High School (Joint Second Prize), Hayley Chau, Strathfield Girls High School (Joint Second Prize), Coco Batu-Sampson, Reddam House and Jet Batu-Sampson, Reddam House (Joint Third Prize), and
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(c) tireless efforts and work conducted by members of the Moving Forward Together Association including, Mr Ernie Friedlander OAM, President and the entire Advisory Board.—Mrs Maclaren-Jones. (15 minutes)
Debate: 1 hour and 23 minutes remaining.
*134. National Parks and Wildlife Amendment (Tree Thinning Operations) Bill 2019: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 8 August 2019)—Mrs Maclaren-Jones. (20 minutes)
147. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to require the reporting of pregnancy terminations.
(Pregnancy Terminations (Mandatory Reporting) Bill)
(Notice given 6 August 2019)
149. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Anti-Discrimination Act 1977 to prohibit discrimination on the ground of a person's religious beliefs or religious activities and to prohibit public authorities and officials from subjecting faith-based institutions to detrimental treatment on the ground of faith; and for other purposes.
(Anti-Discrimination Amendment (Freedom of Religion) Bill)
(Notice given 6 August 2019)
157. Mrs Houssos to move—
That leave be given to bring in a bill for an Act to create the office of Dairy and Fresh Food Price Advocate and to provide for the objectives and functions of that office; and for related purposes.
(Dairy and Fresh Food Price Advocate Bill)
(Notice given 7 August 2019)
163. Remapping of old-growth and high-conservation-value public forests: resumption of the adjourned debate (8 August 2019) of the question on the motion of Mr Field:
(1) That this House notes that:
(a) the Government is planning to allow logging in thousands of hectares of old-growth and high-conservation-value public forests on the North Coast that have been off limits for decades, (b) these forests are rare and important ecosystems which provide irreplaceable habitat for many threatened species, such as koalas, gliders, quolls, frogs and owls,
(c) they have been protected as part of the nationally agreed reserve system for decades and have been granted state significant heritage protection for their historical significance, including to Aboriginal people, aesthetic significance, research potential, rarity and valuable habitat,
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(d) this process is being driven by a desire to access more timber, based on a Forestry Corporation calculation that new rules under the Coastal Integrated Forestry Operations Approvals (CIFOA) to protect koala habitat and threatened ecological communities could result in a small timber supply shortfall of up to 8,600 cubic metres per year,
(e) despite advice from the Natural Resources Commission (NRC) that this wood supply shortfall “represent[s] the worst case scenario and may never be realised”, the Premier requested the NRC consider remapping old growth forests and rainforests to meet this shortfall,
(f) a pilot study of 13 areas of state forest found that remapping could open up 78 per cent of protected old growth forest to logging, despite all sites having vitally important habitat,
(g) the Government has committed over $2 million to this remapping process, despite this cost far outweighing the $1.5 million value of buying back the contracts for the maximum claimed timber shortfall,
(h) the funding is being provided by the Government despite the NRC recommending that any remapping and rezoning should be paid for by Forestry Corporation as the beneficiary, and
(i) remapping on private land has already opened up over 29,000 hectares of previously protected old growth forests to logging in recent years.
(2) That this House agrees that remapping old growth forests:
(a) breaks the Government’s commitment to no erosion of environmental values under the new CIFOA,
(b) is based on timber supply impacts that are not verified and probably do not exist, and
(c) is a subsidy to logging which exceeds the value of the extra wood supply.
(3) That this House call on the Government to:
(a) end the remapping and rezoning of old-growth and rainforest on public and private land,
(b) ensure no areas of forest currently protected will be opened up to logging, and
(c) conserve native forests to protect biodiversity, store carbon and provide new tourism and recreational opportunities—Mrs Maclaren-Jones. (15 minutes)
Debate: 1 hour and 45 minutes remaining.
181. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to require women who are considering terminating a viable pregnancy to undergo counselling and to view an ultrasound of their unborn child.
(Pregnancy Termination (Mandatory Counselling) Bill)
(Notice given 20 August 2019)
6556 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
184. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to require women seeking an abortion to be informed that the procedure may cause pain to the child in utero.
(Pregnancy Termination (Information About Pain to Child in Utero) Bill)
(Notice given 20 August 2019)
187. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Adoption Act 2000 to repeal the amendments made by the Adoption Amendment (Same Sex Couples) Act 2010 that enable couples of the same sex to adopt children; and for other purposes.
(Adoption Amendment (Same Sex Couples Repeal) Bill)
(Notice given 20 August 2019)
188. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to prohibit the possession of restricted films.
(Classification (Publications, Films and Computer Games) Enforcement Amendment (Banning Restricted X-rated Films) Bill)
(Notice given 20 August 2019)
199. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Drug and Alcohol Treatment Act 2007 to further provide for the involuntary rehabilitative care of persons with severe substance dependence; and for other purposes.
(Drugs and Alcohol Treatment Amendment (Rehabilitation of Persons with Severe Substance Dependence) Bill)
(Notice given 21 August 2019)
200. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to prohibit the destruction of any child in utero with a detectable heartbeat.
(Crimes Amendment (Pre-natal Termination) Bill)
(Notice given 21 August 2019)
6557 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
201. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to provide for the establishment of the Family Impact Commission to study the moral, social and economic effects on the family unit of certain laws and proposed laws and Government expenditure; and for related purposes.
(Family Impact Commission Bill)
(Notice given 21 August 2019)
202. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to prohibit the advertising of sex services; and for other purposes.
(Sex Services Advertising Prohibition Bill)
(Notice given 21 August 2019)
203. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to require packaged liquor to contain a health warning about the danger of drinking alcohol when pregnant.
(Liquor Amendment (Health Warning for Pregnant Women) Bill)
(Notice given 21 August 2019)
*215. Child Protection (Nicole's Law) Bill 2019: resumption of the adjourned debate of the question on the motion of Revd Mr Nile: That this bill be now read a second time (5 calendar days from 24 October 2019)—Mrs Maclaren-Jones speaking. (19 minutes remaining)
221. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to prohibit the advertising of gambling and related trade marks, brand names and logos; and for other purposes.
(Gambling Advertising Prohibition Bill)
(Notice given 17 September 2019)
224. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Summary Offences Act 1988 to prohibit persons paying for sex.
(Summary Offences Amendment (Prohibition on Payment for Sex) Bill)
(Notice given 17 September 2019)
6558 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
*233. Liquor Amendment (Harm Reduction Areas) Bill 2019 Liquor Amendment (Intoxication) Bill 2019
Resumption of the adjourned debate of the question on the motion of Mr Roberts: That these bills be now read a second time (5 calendar days from 24 October 2019)—Mr Farraway. (20 minutes)
248. Mr Borsak to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 in relation to crimes of interfering with an agricultural activity or animal enterprise; and for other purposes.
(Crimes Legislation Amendment (Animal Enterprises) Bill)
(Notice given 25 September 2019)
252. Mr Borsak to move—
That leave be given to bring in a bill for an Act to make amendments to the Environmental Planning and Assessment Act 1979 relating to the role and functions of the Independent Planning Commission in assessing development for the purposes of mining; the assessment of greenhouse gas emissions in determining development applications; and for other purposes.
(Environmental Planning and Assessment Amendment (Mining) Bill)
(Notice given 25 September 2019)
*254. Pill Testing Bill 2019: resumption of the adjourned debate of the question on the motion of Ms Faehrmann: That this bill be now read a second time (5 calendar days from 14 November 2019)—Mr Farraway. (20 minutes)
265. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to legalise cannabis and cannabis products; to regulate the sale, supply and advertising of cannabis and cannabis products; and for other purposes.
(Cannabis Industry Bill)
(Notice given 15 October 2019)
266. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 to make it an offence to publish material, or engage in any teaching or similar activity, that incites or promotes terrorism or other violence.
(Crimes Amendment (Incitement or Promotion of Terrorism and Violence) Bill)
(Notice given 15 October 2019)
6559 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
270. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Drug Misuse and Trafficking Act 1985 to repeal provisions relating to the licensing and operation of the medically supervised injecting centre at Kings Cross.
(Drug Misuse and Trafficking Amendment (Injecting Centre Repeal) Bill)
(Notice given 15 October 2019)
271. Ms Faehrmann to move—
That leave be given to bring in a bill for an Act to amend the Drug Misuse and Trafficking Act 1985 to replace criminal penalties for drug possession offences with a civil penalty scheme and establish a drug panel to administer that scheme; to amend the Criminal Records Act 1991 to allow historical drug possession offences to be extinguished; and for other purposes.
(Drug Misuse and Trafficking Amendment (Decriminalisation) Bill)
(Notice given 15 October 2019)
273. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to prohibit people wearing full-face coverings in public places.
(Summary Offences Amendment (Full-face Coverings Prohibition) Bill)
(Notice given 15 October 2019)
279. Centenary of the National Party of Australia: resumption of the adjourned debate (14 November 2019) of the question on the motion of Mr Franklin:
1. That this House notes that:
(a) the National Party of Australia – NSW celebrated its centenary on Sunday 13 October 2019,
(b) the centenary marks 100 years of hard work for rural and regional New South Wales,
(c) the NSW National Party is the second oldest political party in New South Wales, and has the largest membership across regional New South Wales of any political party,
(d) the Party formed as the Progressive Party of NSW on October 13, 1919, and was renamed the Country Party in 1925, the National Country Party in 1977 and finally the National Party in 1982,
(e) in 1927 the Nationals formed a Coalition with the Liberal Party, with NSW the only state where the Coalition has never been broken,
(f) the NSW Nationals have produced nine Federal Leaders and five Federal Presidents, and have never been unrepresented in the Federal or New South Wales Parliaments, and
(g) the Party continues to fight for the rural and regional areas who are suffering from one of the worst droughts in history. 2. That this House recognises all those who have contributed to the strength, unity and success of the Party for the past 100 years.
6560 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
Upon which Mr Secord has moved: That the question be amended by omitting all words after "That" and inserting instead "this House notes that the once great National Party is now a mere shadow of itself."— Mrs Maclaren-Jones speaking. (15 minutes)
Debate: 1 hour and 18 minutes remaining.
300. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to repeal the Abortion Law Reform Act 2019; and for related purposes.
(Abortion Law Reform Repeal Bill)
(Notice given 22 October 2019)
309. Revd Mr Nile to move—
That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to raise the minimum drinking age from 18 years to 21 years.
(Liquor Amendment (Drinking Age) Bill)
(Notice given 22 October 2019)
312. Mr Mookhey to move—
That leave be given to bring in a bill for an Act to amend the Workers Compensation Act 1987 to restore journey claims, to remove certain restrictions on workers' entitlements to weekly payments and compensation for expenses and to make further provision with respect to the protection of injured workers.
(Workers Compensation Amendment (Protection of Injured Workers) Bill)
(Notice given 23 October 2019)
321. Mr Field to move—
That leave be given to bring in a bill for an Act to amend the Mining Act 1992 to prohibit prospecting for, or the mining of, mineral resources in the Bylong Valley; and for other purposes.
(Mining Amendment (Right to Farm the Bylong Valley) Bill)
(Notice given 24 October 2019)
*323. Law Enforcement (Powers and Responsibilities) Amendment (Drug Detection Dogs and Strip Searches) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Shoebridge: That this bill be now read a second time (5 calendar days from 11 November 2020)—Mrs Maclaren-Jones. (20 minutes)
6561 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
377. Mr Borsak to move—
That leave be given to bring in a bill for an Act to permit an owner of land with a boundary adjoining land reserved under the National Parks and Wildlife Act 1974 to clear and burn vegetation on that reserved land within 250 metres of the boundary for the purpose of protecting property; and for related purposes.
(Bush Fires (Protection of Property) Bill)
(Notice given 19 November 2019)
383. Order for Papers—Revenue NSW investigations into payroll tax non-compliance: resumption of the adjourned debate (21 November 2019) of the question on the motion of Mr Mookhey: That, under standing order 52, there be laid upon the table of the House within 21 days of the date of the passing of this resolution the following documents, created since 1 April 2015, in the possession, custody or control of the Treasurer, the Treasury, the Minister for Finance and Small Business, the Minister for Customer Service, the Department of Customer Service or Revenue NSW:
(a) all documents relating to any investigation undertaken by Revenue NSW into the payroll tax compliance of the following companies, any franchise related to the following companies, or any other entity related to or trading as: (i) Wesfarmers, (ii) Bunnings, (iii) Sunglass Hut, (iv) Qantas, (v) Rockpool Dining Group, (vi) the Commonwealth Bank, (vii) Michael Hill Jewellers, (viii) Subway, (ix) Woolworths, (x) 7 Eleven, (xi) Caltex Australia, (xii) Domino's Pizza, (xiii) Coffee Club, (xiv) Foodco, (xv) Crust Pizza,
(b) all correspondence, emails, briefing notes or House folder notes in the possession of the Office of the Minister for Finance and Small Business or the Office of the Minister for Customer Service related to wage theft, the underpayment of employees, or the payroll tax compliance of any business alleged or proven to have engaged in wage theft or the underpayment of employees, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
Upon which Mr Searle has moved: That the question be amended by inserting after paragraph (c):
"2. That this House notes that the House and its committees have consistently maintained that so-called statutory secrecy provisions, that is, provisions in statutes which prohibit in general terms the disclosure of certain categories of information, have no effect on the law of privilege, including the common law power of this House to order the production of State papers, unless they do so expressly or by necessary implication.
3. That this House further notes that this position has recently been expressly accepted by the Solicitor- General and the Crown Solicitor in a legal opinion provided to the Auditor General concerning the powers of parliamentary committees, in which the Crown Solicitor observed:
The Solicitor General expressed the general view that a statutory prohibition on disclosure of information will only be held to apply to disclosure to a Parliamentary committee if that is done expressly or by necessary implication. 6562 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
I defer to the views of the Solicitor General. … I would only add that the principle applied by the Solicitor General - that legislation will be presumed not to diminish the “privileges” of Parliament or its committees, unless it does so expressly or by necessary implication - has been accepted in several Australian cases.
4. That notwithstanding the power of the House to order the production of State papers subject to statutory privacy or secrecy provisions, the documents returned to the House under this order of the House be redacted to remove information subject to the privacy and secrecy provisions of the Taxation Administration Act 1996."—Mr Buttigieg speaking. (3 minutes remaining)
Debate: 16 minutes remaining.
387. Disability advocacy: resumption of the interrupted debate (21 November 2019) of the question on the motion of Ms Sharpe:
1. That this House notes that:
(a) the New South Wales Ageing and Disability Commissioner is undertaking a review of disability advocacy in New South Wales,
(b) there have been submissions to the review from people with disability, as well as the organisations who work with them, outlining the importance of a well-funded, specialised and independent disability advocacy sector,
(c) people with disability must be the decision-makers about their lives and advocacy can assist people with disability to be fully able participate in decision-making, and
(d) while the NDIS has increased the need for advocacy, it only adds to the full range of work advocacy organisations do, including improving access to education, transport, housing, health, justice and more.
2. That this House calls on the Honourable Gareth Ward MP, Minister for Disability Services, to commit to:
(a) releasing the New South Wales Ageing and Disability Commissioner’s report into disability advocacy as soon as it is available, and
(b) two years of rollover funding for the disability advocacy sector to end the funding uncertainty being experienced by these crucial organisations.—Mr Franklin speaking. (1 minute remaining)
Debate: 27 minutes remaining.
*409. Water (Commonwealth Powers) Amendment (Termination of References) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 13 May 2020)—Mrs Maclaren-Jones. (20 minutes)
6563 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
413. Mr Graham to move—
That leave be given to bring in a bill for an Act to amend the Liquor Act 2007 to prohibit licence conditions that restrict or prohibit live music; to amend the Environmental Planning and Assessment Act 1979 to enable consent authorities to revoke conditions of development consents that restrict or prohibit live music at licenced premises; and for related purposes.
(Liquor Amendment (Right to Play Live Music) Bill)
(Notice given 21 November 2019)
414. Mr Roberts to move—
That leave be given to bring in a bill for an Act to amend the Crimes Act 1900 with respect to certain offences against emergency service workers.
(Crimes Amendment (Assault of Emergency Service Workers) Bill)
(Notice given 21 November 2019)
415. Mr Roberts to move—
That leave be given to bring in a bill for an Act to amend the Crimes (Forensic Procedures) Act 2000 with respect to forensic procedures on persons charged with an offence against Division 8A of Part 3 of the Crimes Act 1900.
(Crimes (Forensic Procedures) Amendment (Assaulted Emergency Workers) Bill)
(Notice given 21 November 2019)
*417. Local Government Amendment (Disqualification from Civic Office) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Secord: That this bill be now read a second time (5 calendar days from 27 February 2020)—Mrs Maclaren-Jones. (20 minutes)
*435. Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Latham: That this bill be now read a second time (5 calendar days from 13 May 2020)—Mrs Maclaren-Jones. (20 minutes)
446. Ms Boyd to move—
That leave be given to bring in a bill for an Act to cancel certain authorisations and titles that permit exploration for and mining of minerals and petroleum (including coal seam gas) in the Central Coast’s drinking water catchment areas; to prohibit the grant, renewal or modification of those kinds of authorisations and titles; to prohibit certain interference with water in those drinking water catchment areas; and for related purposes.
(Central Coast Drinking Water Catchments Protection Bill)
(Notice given 25 February 2020)
*458. Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill 2020: second reading—Mr Shoebridge. (30 minutes)
6564 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
476. Mr Shoebridge to move—
That leave be given to bring in a bill for an Act to amend the Workers Compensation Act 1987 to establish presumptive rights to compensation in respect of COVID-19 for workers in certain employment with an elevated risk of exposure to that disease.
(Workers Compensation Amendment (COVID-19) Bill)
(Notice given 24 March 2020)
494. Mr Banasiak to move—
That leave be given to bring in a bill for an Act to amend State Environmental Planning Policy (Koala Habitat Protection) 2019 to clarify matters relating to core koala habitat and the application of the development assessment process to primary producers; and for related purposes.
(Environmental Planning and Assessment Amendment (Koala Habitat) Bill)
(Notice given 12 May 2020)
498. Mr Field to move—
That leave be given to bring in a bill for an Act to amend the Water Management Act 2000 with respect to the information used for predicting inflows to water sources, and calculating water allocations, under certain management plans.
(Water Management Amendment (Drought of Record) Bill)
(Notice given 12 May 2020)
500. Mr Field to move—
That leave be given to bring in a bill for an Act to amend the Environmental Planning and Assessment Act 1979 to prohibit waste incinerator facilities in residential areas; and for other purposes.
(Environmental Planning and Assessment Amendment (Waste Incinerator Facilities—Residential Exclusion Zones) Bill)
(Notice given 12 May 2020)
*507. Water Management Amendment (Water Allocations—Drought Information) Bill 2020: second reading—Mr Veitch (30 minutes).
*516. Racehorse Legislation Amendment (Welfare and Registration) Bill 2021: resumption of the adjourned debate of the question on the motion of Mr Pearson: That this bill be now read a second time (5 calendar days from 17 February 2021)—Mrs Maclaren-Jones.(20 minutes)
*577. Crimes (Domestic and Personal Violence) Amendment (Coercive and Controlling Behaviour) Bill 2020: resumption of the adjourned debate of the question on the motion of Ms Boyd: That this bill be now read a second time (5 calendar days from 18 November 2020)—Mrs Maclaren-Jones.(20 minutes)
*579. Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019: Second reading—Mr Pearson. 6565 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
*587. Anti-Discrimination Amendment (Sex Workers) Bill 2020: resumption of the adjourned debate of the question on the motion of Ms Boyd: That this bill be now read a second time (5 calendar days from 5 August 2020)—Mrs Maclaren-Jones. (20 minutes)
635. Mr Borsak to move—
That leave be given to bring in a bill for an Act to establish an express right for indigenous and non- indigenous Australians to hunt within the State; to constitute a NSW Hunting Council and confer function on it relating to hunting; to authorise and regulate access to public land in the State, including National Parks and other reserved areas, for the purpose of hunting and to authorise and regulate the methods of hunting in the State; and for related purposes.
(Hunting Bill)
(Notice given 4 August 2020)
644. Police investigation involving the Minister for Police and Emergency Services—Further order: resumption of the adjourned debate (26 August 2020) of the question on the motion of Mr Shoebridge:
(1) That this House notes that:
(a) on 13 May 2020, the House agreed to an order for the production of documents concerning the investigation undertaken by the Assistant Police Commissioner into the circumstances of a car collision involving the Minister for Police and Emergency Services that occurred on 27 October 2019,
(b) on 3 June 2020, a return was received to this order which included two boxes of privileged documents and two boxes of non-privileged documents,
(c) the police records produced in compliance with the order for papers made multiple references to video recordings of the incident involving the Minister for Police and Emergency Services, however no recordings were provided as part of the return, and
(d) according to the Interpretation Act 1987, a document means any record of information, and includes: (i) anything on which there is writing, or, (ii) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, or, (iii) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or, (iv) a map, plan, drawing or photograph.
(2) That under standing order 52 there be laid upon the table of the House within 14 days, the following documents in the possession, custody or control of the New South Wales Police Force, the Minister for Police and Emergency Services or the Department of Justice:
(a) video footage of the Minister for Police and Emergency Services following a collision with another driver that occurred on 27 October 2019 and which was referred to in documents returned on 3 June 2020 concerning the police investigation involving the Minister for Police and Emergency Services, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(3) That, should the Leader of the Government fail to table documents in compliance with this resolution, it is open to this House to take all necessary action, including censuring the Leader of the Government, adjudging the Leader of the Government guilty of contempt and suspending the 6566 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
Leader of the Government for whatever period necessary to cause compliance with this order of the House.—Mrs Maclaren-Jones. (3 minutes)
Debate: 22 minutes remaining (short form).
*671. Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 26 August 2020)—Mrs Maclaren-Jones. (20 minutes)
*724. Dividing Fences Amendment Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 16 September 2020)—Mrs Maclaren-Jones. (20 minutes)
*736. Restart NSW Fund Amendment (Rural and Regional Infrastructure Funding) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Secord: That this bill be now read a second time (5 calendar days from 23 September 2020)—Mrs Maclaren-Jones. (20 minutes)
*746. Crimes Amendment (Assault of Emergency Services Workers—3 Strikes Sentencing) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Roberts: That this bill be now read a second time (5 calendar days from 16 September 2020)—Mrs Maclaren-Jones. (20 minutes)
772. Ms Hurst to move—
That leave be given to bring in a bill for an Act to amend the Companion Animals Act 1988 to regulate the conduct of businesses breeding companion animals; and for related purposes.
(Companion Animals Amendment (Puppy Farms) Bill)
(Notice given 17 September 2020)
*784. Work Health and Safety Amendment (Food Delivery Workers) Bill: resumption of the adjourned (21 October 2020) of the question on the motion of Mr Mookhey: That this bill be now read a second time (5 calendar days from 21 October 2020)—Mrs Maclaren-Jones. (20 minutes)
789. Coal mining for export: resumption of the adjourned debate (23 September 2020) of the question on the motion of Mr Martin:
(1) That this House notes that:
(a) around 28,600 people are employed directly in the New South Wales coal industry,
(b) in 2018, 164.6 million tonnes of coal was exported from New South Wales,
(c) some 85 per cent of the coal mined in New South Wales is exported, mainly to Japan, China, South Korea and Taiwan, where it is used mostly for electricity generation,
(d) New South Wales exports of coal represents only around 3 per cent of global coal consumption, and
(e) in 2018-19 coal brought in around $2 billion in royalties revenue in New South Wales which is used to fund public services and infrastructure. 6567 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House recognises that coal mining for export in New South Wales will continue to play a role in supporting other nations to provide electricity access for their citizens into the future.—Mrs Maclaren-Jones. (15 minutes)
Debate: 1 hour and 35 minutes remaining.
*854. Casino Control Amendment (No Compensation) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Field: That this bill be now read a second time (5 calendar days from 11 November 2020)—Mrs Maclaren-Jones. (20 minutes)
*855. Petroleum (Onshore) Amendment (Cancellation of Zombie Petroleum Exploration Licences) Bill 2021: resumption of the adjourned debate of the question on the motion of Mr Field: That this bill be now read a second time (5 calendar days from 5 May 2021)—Mr Tudehope. (20 minutes)
857. Auditor-General—Take note of report: resumption of the adjourned debate (20 October 2020) of the question on the motion of Mr Veitch: That this House take note of a Performance Audit report of the Auditor-General entitled "The effectiveness of the financial arrangement and management practices in four integrity agencies, dated 20 October 2020—Mr Veitch speaking. (15 minutes remaining)
Debate: 1 hour remaining.
*862. Environmental Planning and Assessment Amendment (Review of Land Decisions) Bill 2020: resumption of the adjourned debate of the question on the motion of Mr Banasiak: That this bill be now read a second time (5 calendar days from 11 November 2020)—Mrs Maclaren-Jones. (20 minutes)
872. Ms Hurst to move—
(1) That this House notes that:
(a) odour and waste are common by-products of the intensive animal agribusiness industry, which are primarily caused by the decomposition of mass amounts of faecal matter and dead bodies,
(b) agribusiness waste odours are not only unpleasant for animals, workers and neighbours to be around, they can also pose a serious risk to human and animal health through the production of harmful ammonia emissions, and
(c) waste produced by animal agribusinesses is a serious environmental concern, as it can produce harmful nitrous oxide emissions that contribute to climate change, pollute soil and surface water, and cause run off into the oceans.
(2) That this House acknowledges the serious problems associated with waste and odour produced by the animal agribusiness industry in Australia.
(Notice given 21 October 2020—expires Notice Paper No. 83)
873. Ms Hurst to move—
(1) That this House notes that:
(a) emus are one of Australia’s beloved native birds, appearing prominently on the Commonwealth coat of arms, 6568 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) despite being a protected species in this state, emus are still commercially raised and slaughtered for their meat, skin, oil, eggs and feathers under a licensing scheme, and
(c) in commercial emu farms, these majestic flightless birds will spend their lives in captivity, where they are subjected to painful procedures like declawing and feather plucking, before they are ultimately sent to a slaughterhouse where they will be stunned, hung upside down while still alive and killed.
(2) That this House condemns the shockingly cruel treatment of an animal which we call our national emblem.
(Notice given 21 October 2020—expires Notice Paper No. 83)
874. Mr Latham to move—
(1) That this House notes that:
(a) the Port of Newcastle has developed the concept for a multi-purpose deepwater terminal at its Mayfield site,
(b) the project would deliver a vital economic boost to the Hunter Region and Northern NSW and promote choice for participants in the New South Wales container freight supply chain and others,
(c) under a 50-year arrangement entered into as part of the port privatisations in 2013 and 2014, the Port of Newcastle must reimburse the State for compensation which the State has promised to pay the private operators of Port Botany and Port Kembla if the Port of Newcastle handles containers in excess of a cap, and
(d) the arrangement is not consistent with competitive outcomes, is uneconomic and is contrary to the interests of the Hunter region and the people of New South Wales.
(2) That this House calls on the Government to:
(a) immediately release the Port of Newcastle from the reimbursement requirement, and
(b) support the development of the multi-purpose deepwater terminal at the Port of Newcastle as a massive boost to exporters and economic activity in New South Wales.
(Notice given 21 October 2020—expires Notice Paper No. 83)
875. Mr Latham to move—
That this House urges the Government to immediately remove dangerous gender fluidity Professional Development courses from the New South Wales education system, starting with the NSW Teacher’s Federation ‘LGBTIQ Inclusive Schools’ Webinar, most recently conducted on 4 August 2020 by Training Officer Mel Smith, which instructed school teachers to:
(a) teach gender as a ‘social construct’ rather than biological science,
(b) include gender fluidity teaching in English, Maths, Human Society and its Environment (HSIE), Personal Development, Health and Physical Education (PDHPE) and library lessons,
(c) organise excursions to the Sydney Aquarium solely on the basis of two male penguins hatching an egg, 6569 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) study a drawing of a semi-naked androgynous child and understand that gender is determined solely by how parents dress the child,
(e) refer to materials from GLSEN, notorious for its advocacy of ‘fisting’, and Minus18, notorious for its advocacy of penis-tucking and penis-packing,
(f) not inform parents of any information teachers have regarding students coming out about their gender or sexuality, with Mel Smith saying, “Of course it’s not okay to call people’s parents because it may not be safe for that child if parents know, it could put them in an unsafe situation, it could mean they are kicked out of home”, and
(g) appreciate that no copy or record of the Webinar would ever be available to participate again, a deliberate strategy of keeping parents and the New South Wales public in the dark.
(Notice given 21 October 2020—expires Notice Paper No. 83)
876. Mr Secord to move—
That this House:
(a) expresses its heartfelt support for the families and businesses of Wagga Wagga deeply embarrassed by the continuing revelations surrounding the activities of disgraced former State Member Mr Daryl Maguire, and
(b) calls on the Liberal Party and The Nationals to apologise to the Wagga Wagga community.
(Notice given 22 October 2020—expires Notice Paper No. 84)
879. Ms Hurst to move—
(1) That this House notes that:
(a) approximately 80 per cent of beef sold in major Australian supermarkets is sourced from cows in feedlots,
(b) cattle in feedlots are fenced into tightly-packed outdoor enclosures and fed a high-calorie diet, which often includes artificial growth hormones, so that they can be rapidly fattened before they are killed,
(c) the unnatural diet and environment experienced by cattle forced onto feedlots can cause them to suffer a number of injuries and illnesses, including acidosis, feedlot bloat, bovine respiratory disease, lameness and foot rot, and
(d) excessive heat load is a particular issue for animals held at feedlots in Australia, especially since feedlot operators are not legally required to provide cattle with any shade from the sun.
(2) That this House condemns the cruel treatment of cattle on feedlots.
(Notice given 22 October 2020—expires Notice Paper No. 84)
886. Ms Sharpe to move—
(1) That this House notes that:
(a) 8 to 15 November 2020 is National NAIDOC Week 2020, 6570 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) the theme of NAIDOC Week 2020 is ‘Always Was, Always Will Be’, recognising that First Nations people have occupied and cared for this continent for over 65,000 years, and
(c) Aboriginal and Torres Strait Islander people, with their cultures, languages, histories, and kinship structures, form the oldest continuously surviving civilisation on Earth.
(2) That this House further notes that:
(a) from the time of colonisation, First Nations children were forcibly removed from their families by Australian Federal and State Governments,
(b) the acts that led to the Stolen Generations form a shameful history for white Australia which disconnected these children from their kin, culture, community, and Country, and
(c) Australia has formally apologised to First Nations people, particularly to those children who have been forcibly removed from their families.
(3) That this House further notes that:
(a) in New South Wales, Aboriginal and Torres Strait Islander children make up 40 per cent of children living in out-of-home care, despite representing only 6 per cent of all children,
(b) while less children overall are being admitted to care in New South Wales, this is not the case for First Nations children,
(c) the proportion of Aboriginal and Torres Strait Islander children entering out-of-home care is increasing in New South Wales, and
(d) reducing the over-representation of First Nations children in out-of-home care is a key target of the National Agreement on Closing the Gap.
(4) That this House commits to:
(a) preventing the over-representation of Aboriginal and Torres Strait Islander children in the New South Wales out-of-home care system, and
(b) supporting early intervention and support programs for Aboriginal and Torres Strait Islander families that are delivered by Aboriginal-controlled organisations.
(5) That this House calls on the Minister for Families, Communities and Disability Services to:
(a) implement the legislative reform called for within the Family is Culture review into Aboriginal children and young people in out-of-home care,
(b) increase funding to early intervention and support services for Aboriginal families to prevent child removals, and
(c) outline how the NSW Government will close the widening gap for Aboriginal children and young people in contact with the child protection system.
(Notice given 10 November 2020—expires Notice Paper No. 85)
*891. Prevention of Cruelty to Animals Amendment (Increased Penalties) Bill 2020: resumption of the adjourned debate of the question on the motion of Ms Hurst: That this bill be now read a second time (5 calendar days from 11 November 2020)—Mrs Maclaren-Jones. (20 minutes)
6571 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
893. Ms Hurst to move—
(1) That this House notes that:
(a) on 27 October 2020, Councillor Charishma Kaliyanda passed a notice of motion seeking to ban the sale of fur and exotic skins on Liverpool City Council land, and
(b) Liverpool City Council is the fifth council in New South Wales to seek a ban on fur and exotic skins this year, a trend which reflects of the community’s rejection of this cruel industry.
(2) That this House congratulate Liverpool City Council for taking a stand against the fur industry.
(Notice given 10 November 2020—expires Notice Paper No. 85)
897. Mr Latham to move—
(1) That this House notes that:
(a) in answer to questions from the Honourable Mark Latham MLC and the Honourable Rod Roberts MLC regarding the obligations of the Premier, the Honourable Gladys Berejiklian MP to have informed Australia's security agencies of her close personal relationship with Mr Daryl Maguire, the Premier has twice answered in writing, "This is a matter for the Independent Commission Against Corruption",
(b) the New South Wales Independent Commission Against Corruption (ICAC) has no remit for dealing with possible breaches of Australia's national security, nor has its Operation Keppel addressed any such matter,
(c) Mr Maguire was in business dealings with the Chinese-sponsored Country Gardens, United World Enterprises and other Chinese entities through his commercialisation of the NSW Parliamentary Friends of the Asia Pacific and illicit operation of G8way International in the NSW Parliament,
(d) Mr Maguire knowingly used his involvement with the Schenzhen Asia Pacific Commercial Development Association as part of its push to extend Chinese State influence in the South Pacific,
(e) up until at least September 2020 Mr Maguire had a key to the Premier's North Shore home in Sydney and thus possible access to NSW Government decision-making information,
(f) the ICAC evidence revealed at least one occasion on which Mr Maguire believed himself free to walk into the Premier’s Parliament House office unannounced with one of his land deal associates,
(g) Mr Maguire was under the influence of Chinese Government United Front groups, organised by Chinese agent Huang Xiangmo, and attended their events with Ms Berejiklian,
(h) Mr Maguire was also the financial beneficiary of gifts from two other Chinese agents, Humphrey Xu and Helen Liu, and
(i) for at least six years Ms Berejiklian kept the truth of her relationship with Mr Maguire secret from the relevant State and Commonwealth Government agencies.
(2) That this House asserts that the Premier’s actions should be examined for possible breaches of Australia’s national security laws, especially the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 and its provisions concerning reckless conduct and failure to disclose known risks. 6572 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(3) That this House request that the President convey the terms of this resolution in writing to:
(a) the Commonwealth Attorney-General, the Honourable Christian Porter MP,
(b) the Director-General of Security, Australian Security Intelligence Organisation (ASIO), and
(c) the Commissioner of the Australian Federal Police.
(Notice given 10 November 2020—expires Notice Paper No. 85)
905. Mr Shoebridge to move—
(1) That this House notes that:
(a) the Forestry Corporation of NSW have earmarked three new areas of South Brooman State Forest for logging despite significant bushfire damage to the region with 80 per cent of the region burned,
(b) the proposed logging in the South Brooman State Forest would be environmentally devastating and remove critical habitat from wildlife who are still recovering from the bushfires, and
(c) logging is known to increase fire risks by having a drying effect on forests.
(2) That this House recognises that:
(a) damage from the bushfires is still being assessed, so it is highly inappropriate for salvage and post-fire logging to be undertaken, and
(b) any logging may be in breach of existing forestry laws that are intended to protect wildlife.
(3) That this House calls on the Government to immediately stop logging in South Brooman State Forest and all other forests in regions that were significantly fire-affected.
(Notice given 10 November 2020—expires Notice Paper No. 85)
906. Ms Cusack to move—
(1) That this House notes that:
(a) the coronavirus pandemic challenged Australians to undertake a special duty to our fellow citizens – to care and act to protect the health of all our Australians,
(b) this united call by all medical, political and industry leaders during the pandemic received overwhelming support and co-operation by citizens,
(c) more was asked of Australians living in Victoria who endured a second wave of the virus,
(d) we mourn all lives lost and send our deepest condolences to individuals and families impacted by this terrible illness,
(e) we pay special tribute and express our gratitude to Victorians who have endured the greatest part of the sacrifice in order to make our nation safe, and
(f) Australia is a federation of States fighting a virus that is engulfing the rest of the world and we are succeeding because of unity of purpose to save lives and livelihoods 6573 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House:
(a) acknowledges and thanks our health and medical experts, and
(b) recognises that ultimately this progress we are making in the war against the virus is a citizen victory and one that has made us better and stronger as a nation.
(Notice given 10 November 2020—expires Notice Paper No. 85)
909. Mr Searle to move—
That this House notes that:
(a) since 2009, it has been unlawful for a person to accept donations from a property developer in New South Wales, including monetary or in-kind donations,
(b) prior to 30 June 2018, the Election Funding, Expenditure and Disclosures Act 1981 defined a “property developer” as:
“(a) a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit”,
(b) a person who is a close associate of a corporation referred to in paragraph (a)",
(c) under the Election Funding, Expenditure and Disclosures Act 1981, the definition of a “close associate” of a corporation included “a director or officer of the corporation or the spouse of such a director or officer”,
(d) the NSW Electoral Commission disclosures show David “Maurie” Maurice Stack has made the following political donations to the NSW Nationals or the Member for Myall Lakes, including: (i) $2,500 on 30 October 2013, (ii) $675 on 22 April 2014, (iii) $2,000 on 14 April 2015, (iv) $5,000 on 31 May 2018,
(e) the NSW Electoral Commission disclosures show Deidre Louise Stack has made political donations to the NSW Nationals or Member for Myall Lakes, including: (i) $2,500 on 30 October 2013, (ii) $675 on 22 April 2014, (iii) $2,000 on 17 April 2015,
(f) the NSW Electoral Commission disclosures show Paul Anthony Stack made a political donation to the NSW Nationals of $4000 on 26 June 2018,
(g) the NSW Electoral Commission disclosures show ‘Stacks the Law Firm’, chaired by David “Maurie” Maurice Stack, made a political donation to the NSW Nationals of $1,350 on 5 June 2014, for a “Steve Bromhead Dinner”,
(h) the NSW Electoral Commission disclosures show ‘LOFITA Pty Ltd’ made a political donation to the NSW Nationals of $4,000 on 23 March 2015,
(i) the NSW Electoral Commission disclosures show ‘PUNUSI Pty Ltd’ made a political donation to the NSW Liberal Party of $10,000 on 13 November 2014,
(j) Deidre Louise Stack is married to David “Maurie” Maurice Stack, 6574 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(k) HOCANA Pty Ltd, ACN 001 585 397, owns at least 25 parcels of land in New South Wales, including a large parcel of land within the $455 million Figtrees on the Manning property development, being Lot 1 DP 1220309,
(l) HOCANA Pty Ltd directors include: (i) Paul Anthony Stack, appointed 22 August 2000, (ii) David “Maurie” Maurice Stack, appointed 11 May 1978, (iii) Raymond “Ray” Thomas Stack, appointed 11 May 1978,
(m) a Voluntary Planning Agreement between Greater Taree City Council, now MidCoast Council, and HOCANA Pty Ltd was signed by Paul Anthony Stack and Raymond “Ray” Thomas Stack on December 13, 2010, which Agreement included HOCANA Pty Ltd paying $1,799,992.12 in developer contributions to the Council,
(n) LOFITA Pty Ltd, ACN 001 611 061, directors include David “Maurie” Maurice Stack, appointed 10 February 1988,
(o) PUNUSI Pty Ltd, ACN 002 382 925, directors include Paul Anthony Stack, appointed 1 October 2005,
(p) the Member for Myall Lakes’ unofficial second electorate office in Taree is owned by HIJATO Pty Ltd, ACN 001 560 701, a company directed by Raymond “Ray” Thomas Stack, and,
(q) despite David “Maurie” Maurice Stack, Deidre Louise Stack and Paul Anthony Stack being property developers, or close associates of property developers, the New South Wales Liberal Party and National Party have collectively accepted at least $20,000 from them.
(Notice given 11 November 2020—expires Notice Paper No. 86)
910. Mr Pearson to move—
(1) That this House notes that:
(a) the American State of Florida held a referendum on 3 November 2020 where sixty-nine percent of electors voted to ban greyhound racing,
(b) Florida hosts eleven of the remaining seventeen racetracks in the United States, and
(c) the greyhound racing prohibition in Florida, coming into force in 2021, is a major step toward ending this cruel animal entertainment.
(2) That this House notes that all remaining Alabaman and Texan greyhound racetracks will close by the end of 2021.
(3) That this House understands that West Virginia and Iowa will soon become the last states in the United States allowing greyhound racing.
(4) This House congratulates and commends Florida, Alabama and Texas for closing their greyhound racetracks.
(5) That this notes that the United States greyhound racing industry is in a downward spiral like the New South Wales racing industry, reliant on taxpayer subsidies for economic survival.
(Notice given 11 November 2020—expires Notice Paper No. 86)
6575 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
912. Ms Hurst to move—
(1) That this House notes that:
(a) while animals in New South Wales should be legally protected from cruelty, significant exemptions exist for the treatment of farmed animals,
(b) even where basic protections do exist, crimes against farmed animals are rarely prosecuted due to our failing enforcement system which requires private charities to have to fundraise from the public to pay inspectors and prosecutors,
(c) the pitiful government funding given to animal welfare charities means that while there are hundreds of millions of animals held captive in animal agribusinesses across the state, there are less than 50 animal cruelty inspectors, making it impossible for animal cruelty against farmed animals to be properly detected, investigated and prosecuted, and
(d) there is no other criminal legislation in New South Wales that is enforced by a private charity, and it is unacceptable that animal cruelty laws are treated differently to other crimes.
(2) That this House acknowledges the urgent need to overhaul the enforcement of animal cruelty laws in this State, particularly with respect to farmed animals.
(Notice given 11 November 2020—expires Notice Paper No. 86)
913. Ms Hurst to move—
(1) That this House notes that:
(a) the global climate emergency is causing temperatures to rise dramatically across Australia, particularly coming into the summer months,
(b) access to shade, either from trees, tarps, or shade cloths, is essential for animals to avoid serious heat stress and exhaustion, and
(c) the Australian Animal Welfare Standards and Guidelines for Cattle and Sheep do not require animal agribusiness operators to ensure these animals have access to shade.
(2) That this House recognises that the animal agribusiness industry fails to provide even the most basic needs for farmed animals by failing to provide access to shade.
(Notice given 11 November 2020—expires Notice Paper No. 86)
914. Ms Hurst to move—
(1) That this House notes that:
(a) more than 90 million kangaroos have been killed for their meat and skins over the past 30 years, making it the largest commercial slaughter of land-based wildlife in the world,
(b) the Government continues to allow the mass-slaughter of kangaroos to continue, despite the catastrophic loss of native animals in the summer bushfires,
(c) kangaroos killed in the commercial industry suffer immensely from legalised cruelty, and
(d) according to the National Code of Practice, joeys can be killed using blunt force trauma to the head to crush in the joey’s skull. 6576 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House condemns the cruelty of the commercial kangaroo industry.
(Notice given 11 November 2020—expires Notice Paper No. 86)
918. Mrs Ward to move—
(1) That this House notes that:
(a) the Zionist Council of NSW leads and encourages Jewish and Zionist activity and expression amongst the Jewish Community in New South Wales,
(b) with 48 affiliated organisations who also support the Zionist movement, the Zionist Council of NSW is committed to building strong relationships with Israel and the Jewish community in New South Wales and creating a positive environment to promote Israel and her people,
(c) at the recent Annual General Meeting of the Zionist Council of NSW, Mr Rodney Naumburger was elected President, having served previously as both Vice-President and Treasurer of the Council, and
(d) Mr Naumburger is joined by Rebecca Lacey-Ehrlich and Orli Zahava as Vice-Presidents, and Teneille Murray as Executive Director of the Zionist Council of NSW.
(2) That this House thanks the Zionist Council of NSW for its ongoing work in advocacy, education and building understanding, particularly with young people.
(Notice given 11 November 2020—expires Notice Paper No. 86)
919. Mr Pearson to move—
(1) That this House recognises that animals have been used in war by humans since ancient times with:
(a) horses, donkeys, elephants, and camels transporting soldiers and supplies,
(b) pigeons facilitating long-distance communications between command and the battlelines, and
(c) dogs acting as scouts, sentries, messengers and bomb detectors.
(2) That this House notes that besides the men and women who have fallen in war, their comrade, their friend and often their protector, a horse, dog or donkey, have also fallen.
(3) That this House acknowledges reports from surviving soldiers which describe how a horse would, upon hearing the sound of approaching shrapnel, lie across their 'master' to protect them and take the worst themselves.
(4) That this House notes that, when the Hon Mark Pearson MLC was visiting le Somme and Pozieres battlefields in France, he was shown that military buckles and horse shoes would be uncovered from the earth of ploughed fields.
(5) That this House:
(a) understands that in the past there was no official recognition of the harm and suffering caused to these animals and they were routinely abandoned or killed when no longer needed,
(b) notes that it has only been in recent times that Australian animals used in war have been repatriated, for example, in World War I not one horse, out of the 130,000 sent, was returned 6577 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
home, whereas we now make sure that our canine veterans are repatriated and cared for upon their return, and
(c) is pleased that to compensate for previous lack of recognition, the Australian War Animal Memorial Organisation has adopted the purple poppy which can be worn alongside the traditional red one as a reminder that animals have and continue to lose their lives in war.
(6) That this House says “We will remember them all. Lest we forget.”
(Notice given 12 November 2020—expires Notice Paper No. 87)
920. Mr Pearson to move—
(1) That this House notes that:
(a) approximately 25 million animals in Australia enter saleyards each year to be sold at auctions to farms and abattoirs,
(b) busy animal saleyards are highly stressful for animals, starting from the time they are unloaded from trucks and forced into pens using tools such as electric prods and dogs, and
(c) saleyard animals are crammed into pens so tightly they often cannot move around or stand up if they fall down, without any protection from the burning sun or access to food and water, for hours on end, until they are eventually sold to the highest bidder.
(2) That this House acknowledges the routine suffering of animals at saleyards, and the indignity of treating these sensitive, intelligent living beings as mere objects that can be auctioned for sale.
(Notice given 12 November 2020—expires Notice Paper No. 87)
921. Ms Hurst to move—
(1) That this House notes that:
(a) approximately 396 million fish and 3.8 billion shellfish are killed in Australia each year, through a combination of recreational fishing, wild-catch commercial fishing and intensive aquaculture,
(b) the number of fish killed each year can only be estimated, because the industry measures their deaths by tonnage, rather than recognising the billions of individual animals affected,
(c) there is a growing body of scientific evidence which demonstrates that fish are highly intelligent animals that feel pain and suffer in a similar way to humans, which is deeply concerning given the cruel ways in which fish are killed by sharp fishing hooks, crushing in fishing nets and suffocation, all without pain relief, and
(d) if fish could scream, we would not disregard their pain and suffering the way we do now.
(2) That this House recognises the painful and unnecessary death of each and every individual fish killed for human consumption this year.
(Notice given 12 November 2020—expires Notice Paper No. 87)
6578 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
922. Mr Shoebridge to move—
(1) That this House notes that:
(a) the Government has announced plans to close three public schools in Murwillumbah, and
(b) the proposed plan is to create a single Murwillumbah Education Campus in 2024.
(2) That this House recognises that:
(a) the local community has raised significant concerns with the plan including the lack of consultation with Parents and Citizens Associations, the Teachers Federation or local teachers, and
(b) there are further concerns that the proposal is driven by a desire to flog off public land for development.
(3) That this House notes that closures of public schools and the sale of public school sites across New South Wales has left many growing communities without adequate facilities and this has been widely recognised as a mistake.
(4) That this House calls on the Government to hit pause on the proposed closure and undertake a comprehensive consultation process with the local community.
(Notice given 12 November 2020—expires Notice Paper No. 87)
923. Mr Shoebridge to move—
(1) That this House notes that:
(a) on Tuesday 26 October 2020 police in Victoria forceably removed the land protectors who were in place to protect trees sacred to the Djab Wurrung people,
(b) chainsaws and bulldozers then cut down the centuries old and culturally powerful directions tree as part of a highway duplication project, and
(c) the role of police in facilitating the destruction of Aboriginal cultural heritage is seriously concerning.
(2) That this House notes with concern that:
(a) Sydney solidarity action with the Djab Wurring people on Saturday 7 November was met with a huge police presence from the NSW Police, and
(b) in the course of the protest the NSW Police claimed to be acting on the instructions of the City of Sydney despite the fact no such instructions existed.
(3) That this House supports:
(a) the Djab Wurring people and all those allies who have stood with them to protect these important cultural sites, and
(b) the work of Australian Greens Senator Lidia Thorpe in advocating for her community.
(4) That this House affirms the fundamental importance of cultural self-determination for First Nations people in every state and territory in this country.
(Notice given 12 November 2020—expires Notice Paper No. 87) 6579 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
934. Ms Hurst to move—
(1) That this House notes that:
(a) Australia is the third fastest growing vegan market in the world,
(b) according to a report released by Food Frontier, one in three Australians are now consciously limiting their meat consumption, and
(c) eliminating animal flesh and secretions from our diet has significant benefits for our health and the environment, and saves the lives of roughly 100 animals every year.
(2) That this House congratulates and thanks all Australians who have adopted a plant-based diet.
(Notice given 17 November 2020—expires Notice Paper No. 88)
935. Ms Hurst to move—
(1) That this House notes that:
(a) around the world, more than enough food is produced to feed the growing global population – but more than 690 million people still go hungry,
(b) a major problem is that approximately 45 per cent of the world’s crop-based calories are being used by the animal agribusiness industry and to generate biofuels, rather than directly feeding humans,
(c) crop-based calories are being redistributed away from those going hungry, and are instead being used as livestock feed to produce animal-sourced foods for affluent countries,
(d) because of the inefficient feed to flesh conversion ratio of eating animal foods, by simply shifting toward plant-based eating, we would greatly improve the access, availability and equity of the global food supply, and
(e) we need to urgently transition out of animal agribusiness, where animals are purpose bred for their flesh or bodily fluids, and instead use crops to feed humans directly.
(2) That this House notes that we must all move toward a plant-based diet as a critical component to ending world hunger and to ensuring there is enough food available to feed the world.
(Notice given 17 November 2020—expires Notice Paper No. 88)
939. Mr Shoebridge to move—
(1) That this House notes that:
(a) The NSW Minister for Skills Mr Geoff Lee MP made a promise to TAFE teachers and support staff in May 2020 which would have given them their first pay rise since November 2018, and
(b) TAFE Teachers and Related Employees have not received a pay raise in either 2019 or 2020, while the cost of living has continued to increase.
(2) That this House affirms that a deal is a deal.
6580 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(3) That this House calls on the Minister to deliver a timetable for the much-needed pay rise to TAFE workers by the end of this week.
(Notice given 17 November 2020—expires Notice Paper No. 88)
940. Mr Shoebridge to move—
(1) That this House notes that:
(a) 140 years ago Willow Grove was built at 34 Phillip Street, and
(b) Willow Grove is a beautiful and important heritage site in Parramatta and much cherished by locals and travellers alike.
(2) That this House recognises that:
(a) The Government’s plans for Willow Grove include essentially demolishing it and building a replica elsewhere in Parramatta,
(b) This plan is opposed by the North Parramatta Residents Action Group, the Construction Forestry Maritime Mining And Energy Union and Darug Elders among others, and
(c) On Tuesday 17 November the local community marched in Parramatta to stand up for the crucial heritage of Willow Grove and against its proposed demolition.
(3) That this House calls on the Government to protect Willow Grove for future generations to enjoy.
(Notice given 17 November 2020—expires Notice Paper No. 88)
941. Mr Shoebridge to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Department of Education or NSW Education Standards Authority relating to school librarians:
(a) the contract of employment for each librarian currently working in a school in New South Wales,
(b) any documents that disclose the following information for each librarian currently working in a school in New South Wales: (i) their hours of employment, (ii) their weekly schedule or timetable, (iii) all qualifications held, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 17 November 2020—expires Notice Paper No. 88)
943. Revd Mr Nile to move—
(1) That this House affirms its support for those institutions of our civil society which make New South Wales one of the most successful multicultural states in the Western Hemisphere.
(2) That this House notes that: 6581 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(a) on 14 November 2020, the Armenian National Committee hosted its annual Gala and dinner at the Doltone Ballroom, Sydney,
(b) this is one of the premier events in Sydney’s multicultural calendar, bringing together not only community leaders from the state’s Armenian population but also creating a forum in which Australians of all ethnic and cultural backgrounds can meet in the spirit of tolerance,
(c) the following community leaders were invited to the Gala: (i) the former Deputy Speaker of the House of Lords, the Rt Hon Baroness Caroline Cox of Queensbury, (ii) Mr John Alexander MP, (iii) Dr Hugh McDermott MP, (iv) Mr James Robins, (v) Revd the Hon. Fred Nile, MLC
(d) a topic of considerable debate during this year’s Gala was the ongoing conflict in the Nagorno-Karabakh region, also known as the Republic of Artsakh, and the recent ceasefire agreement, brokered by the Russian Federation, which has been entered into between the parties, and this has given hope for peace in the region, and
(e) the terms of the ceasefire are: (i) prisoners and the bodies of the deceased are to be swapped between the combatants, (ii) internally displaced persons will be placed under the control of the UN Commissioner for Refugees, (iii) Armenia to withdraw from Agdam District by 20 November, (iv) Armenia to withdraw from Kalbajar District by 25 November, (v) Armenia to withdraw from Lachin District by 1 December, (vi) no term for secession of Nagorno-Karabakh to Azerbaijan, (vii) territories captured by Azerbaijan to be retained under their control, (viii) Russian peacekeepers to monitor the Lachin Corridor which provides a link between Nagorno-Karabakh to the Republic of Armenia, (ix) Azerbaijan to guarantee the safety of those in transit through the Lachin Corridor, (x) Armenia to guarantee the safety of those in transit between Azerbaijan and the Nakhchivan Autonomous Republic.
(3) That this House notes that:
(a) we stand with the victims of this conflict and reaffirm our commitments to international peace, and
(b) we commend the work of organisations such as the Armenian National Committee as they commit to reinforcing values that we hold in common, namely, to promote peace and goodwill between Australian’s of all ethnic and cultural backgrounds.
(Notice given 17 November 2020—expires Notice Paper No. 88)
*944. Cannabis Legalisation Bill 2021: resumption of the adjourned debate of the question on the motion of Ms Faehrmann : That this bill be now read a second time (5 calendar days from 18 February 2021)—Mrs Maclaren-Jones. (20 minutes)
952. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Department of Education, or the Minister for Education and Early Childhood Learning relating to Berry Patch Preschool and Long Day Care Centres: 6582 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(a) all documents relating to the application for service approval by Berry Patch Preschool and Long Day Care Centre, Kellyville Ridge to operate a childcare centre at Schofields, including: (i) the application for service approval, (ii) all correspondence between Berry Patch and the Department of Education, (iii) all documents recording the assessment of the application, (iv) all documents regarding the decision for service approval, and
(b) all documents relating to a Show Cause Notice issued by the Department of Education to Berry Patch Preschool and Long Day Care Centre, including: (i) all documents relating to determining and issuing the Show Cause Notice, (ii) the Show Cause notice, (iii) all responses or submissions in response to the Show Cause Notice, (iv) all documents relating to the decision to allow Berry Patch Preschool and Long Day Care Centre to maintain its service approval, (v) all correspondence between Berry Patch and the Department of Education, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 18 November 2020—expires Notice Paper No. 89)
953. Ms Hurst to move—
That this House notes that:
(a) on 12 November 2020, the owner of travelling reptile show ‘Crocodile Encounters’ appeared in court over six charges of animal cruelty relating to his failure to provide food, water and veterinary care to two lizards: a Bearded Dragon and a Spencer’s Monitor,
(b) an expert veterinarian found the emaciated lizards had not had enough food in five weeks or water for three days, and the Bearded Dragon was suffering from hind limb paresis, a necrotic tail injury and a skin condition due to inappropriate handling,
(c) the Court imposed a fine of just $2,528.14 to the owner of ‘Crocodile Encounters’ and refused the RSPCA’s application to impose a five-year animal ban,
(d) the outcome of the ‘Crocodile Encounters’ case means that this convicted animal abuser can continue to run his travelling reptile show, where he is responsible for the wellbeing of at least 21 animals, without any consequences, and
(e) the ‘Crocodile Encounters’ case highlights the complete failure of our current animal cruelty laws to appropriately punish offenders and protect animals, and demonstrates the need for mandatory animal bans for convicted animal abusers.
(Notice given 18 November 2020—expires Notice Paper No. 89)
954. Ms Hurst to move—
(1) That this House notes that:
(a) approximately 6 million turkeys are slaughtered each year in Australia, with most being killed for Christmas dinners,
(b) to meet Christmas time demand, turkeys can be slaughtered and then frozen for up to three years prior to be sold at the supermarket, 6583 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) farmed turkeys are bred to grow and gain weight unnaturally quickly, so that they are ready for slaughter at just 10-12 weeks old,
(d) the rapid growth of farmed turkeys can cause heart failure, fluid in the abdominal cavity and bone fractures, as these animals struggle to stay upright under their unnatural body weight,
(e) health problems are exacerbated for turkeys kept in intensive confinement at high stocking densities, where the lack of space and ability to move can cause lameness, foot pad burn, hock burn, breast blisters and, in some cases, death, and
(f) male breeder turkeys are forced to grow so big they cannot naturally procreate, and so are hand masturbated by workers in the animal agribusiness industry who then artificially inseminate the female turkeys.
(2) That this House encourages everyone to keep turkeys off their plate this Christmas, and enjoy one of the many healthy, delicious plant-based alternatives instead.
(Notice given 18 November 2020—expires Notice Paper No. 89)
957. Mr Shoebridge to move—
(1) That this House notes that:
(a) the annual Family Matters Report has found that under current policy settings the number of First Nations children in out-of-home care will more than double by 2029,
(b) First Nations children make up 37 per cent of the total out-of-home care population, but are only 6 per cent of the total child population in Australia,
(c) First Nations children are 9.7 times more likely to be removed from their families than non- Indigenous children,
(d) eighty-one per cent of First Nations children are on long-term guardianship orders, which means they are in state care to the age of 18 and they are at serious risk of permanent separation from their families, cultures and communities, and
(e) ninety-five per cent of adoptions of First Nations children have been to non-Indigenous carers, and they all occurred in New South Wales and Victoria.
(2) That this House calls on the Government to:
(a) overturn the forced adoption laws passed by this Parliament in 2018,
(b) address systemic racism in institutions like the Department of Communities and Justice that harms so many First Nations families and children,
(c) invest in early intervention to help families stay together and keep First Nations children with their families,
(d) address underlying issues that cause children to come into care such as transgenerational trauma, poverty, family violence, drug and alcohol issues, mental health, and
(e) increase First Nations community-controlled services and make First Nations families and elders central to decision-making about their kids.
(Notice given 18 November 2020—expires Notice Paper No. 89)
6584 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
958. Mr Shoebridge to move—'
(1) That this House notes that:
(a) Recent information from the NSW Inspector of Custodial Services has revealed that women at the Mary Wade Correctional Centre are subject to routine and random strip searches,
(b) An overwhelming number of women in prison have experienced significant trauma including as victims of sexual abuse and domestic violence, meaning strip searches can be particularly traumatising,
(c) Prisons in NSW do not collect data on the number of searches conducted, meaning it is almost impossible to properly oversight the use of searches, and
(d) Strip searches are a serious invasion of personal privacy and dignity and their use should be limited to the circumstances where they are truly necessary.
(2) That this House recognises that:
(a) On 19 November 2020 a coalition of civil society groups under the banner of the Ban Strip Searches In NSW Coalition will be staging a protest at Silverwater Correctional Centre against the strip searching of women prisoners.
(3) That this House calls on the Government to:
(a) End the routine strip searching of women prisoners,
(b) Undertake a review of the use of strip searches in all correctional centres where women are incarcerated. including identifying any women who should receive apologies or compensation, and
(c) Consider the use of body scanners with clear protocols in correctional facilities to take the place of strip searches.
(Notice given 18 November 2020—expires Notice Paper No. 89)
960. Ms Hurst to move—
(1) That this House notes that:
(a) this year, the Animal Justice Party has given 49 notices of motion highlighting the ways in which sentient animals are used and abused in the animal agribusiness in Australia,
(b) the Animal Justice Party's 49 notices of motion were given in recognition of the 4.9 billion land and aquatic animals that are farmed and killed annually by the Australian animal agribusiness industry, and
(c) the Animal Justice Party's have addressed the enormous harm caused by animal agribusinesses to animals, the environment and human health.
(2) That this House recognise that unless Australia makes a major shift towards plant-based agriculture, billions more animals will suffer, the climate emergency will worsen, human health will deteriorate, and our very existence on earth will remain under threat.
(Notice given 19 November 2020—expires Notice Paper No. 90)
6585 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
961. Mr Buttigieg to move—
(1) That this House notes that:
(a) Cumberland Council’s economic position has been gravely impacted by the Government’s forced amalgamations policy, the cost has been approximately 41 million dollars over the last three years,
(b) in Cumberland Council’s 2020 Economic Statement, the General Manager, Hamish McNulty indicated the Council is looking to outsource Education and Care services including childcare, senior’s living units, the operations of its swim centres and placing uncertainty over the future of golf courses and The Holroyd Centre,
(c) Cumberland Council has highly-rated education and care centres that have been vital for community members, including; preschools, childcare centres, Out Of School Hours Services and family day care. There are seventeen childcare centres benefiting 600 families, some of those have been servicing the community for 30 to 40 years,
(d) loyal council workers have continued to carry out key services during the Covid-19 pandemic that ensure Cumberland’s diverse community is cared for, including children from refugee communities, children with disabilities, and children from low income and underprivileged families,
(e) Labor councillors are highly concerned that privatising Cumberland council services and outsourcing jobs means that the Council will no longer be able to ensure they are delivering inexpensive, culturally sensitive, disability friendly and high-quality services to the Cumberland community and withdrawal of some services could occur,
(f) outsourcing services to the private sector will jeopardise the jobs of hard-working Council employees,
(g) council staff and the United Services Union committed to work with the council to find cost savings, in an effort to reduce costs and keep services in-house, and
(h) despite Mayor Steve Christou committing to work with staff and the United Services Union on a solution, the Mayor has now walked away from his commitment.
(2) That this House condemns the decision of Cumberland Council Mayor Steve Christou and the General Manager of the Council, Hamish McNulty to outsource essential Council services to the private sector.
(3) That this House calls on Cumberland Council Mayor Steve Christou and the General Manager of the Council, Hamish McNulty to not abandon loyal council workers and to stop proceeding with the outsourcing of vital services for the Cumberland community.
(Notice given 19 November 2020—expires Notice Paper No. 90)
962. Ms Boyd to move—
(1) That the Procedure Committee inquire into and report on the appropriateness of and alternatives to the recitation of the prayers under Standing Order 28 (the Lord’s Prayer) at the commencement of proceedings each day, including the appropriateness and suitability of alternatives including:
(a) replacing the Lord’s Prayer with a minute’s silence for prayer and reflection,
(b) replacing the Lord’s Prayer with prayers from a number of different religions, to be recited either together each day or in turn on separate days, 6586 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) replacing the Lord’s Prayer with a secular reflection on Members’ responsibility to the people of New South Wales, and
(d) the abolition of the Lord’s Prayer, without replacing the reading of the Lord’s Prayer with an alternative practice.
(2) That the committee report by 30 September 2021.
(Notice given 19 November 2020—expires Notice Paper No. 90)
963. Mr Shoebridge to move—
(1) That this House notes that:
(a) Corrective Services have announced that visits will recommence on 23 November 2020.
(b) Visits will be limited to 30 minute non-contact sessions with mask wearing, temperature testing and physical distancing enforced.
(c) All visits must be booked and details provided for contact tracing purposes.
(2) This this House recognises:
(a) Family members of those in prison often have to travel significant distances to visit their family members.
(b) The cost and time taken for some family members is substantial, meaning they can only visit a few times a year.
(3) That this House calls on the Government to allow special consideration of requests for longer visits and other exemptions as needed for those who live more than 1 hour from the facility where their family member is being held.
(Notice given 19 November 2020—expires Notice Paper No. 90)
964. Mr Latham to move—
(1) That this House notes with concern the repeated failure of the Greater Sydney Commission to abide by its strategic planning remit and responsibilities by engaging with lobbyists and developers on site specific issues and financial interests.
(2) That this House calls on the Government to:
(a) abolish the Greater Sydney Commission and return its functions to the Department of Planning, Industry and Environment with enhanced probity supervision, and
(b) remove all direct administrative control over land use planning from the Premier, the Hon Gladys Berejiklian MP.
(Notice given 20 November 2020—expires Notice Paper No. 91)
6587 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
967. Mr Field to move—
(1) That this House notes that:
(a) on 12 December 2019 the Member for Bega, Mr Andrew Constance MP, and the Minister for Agriculture and Western New South Wales, Mr Adam Marshall MP, with the concurrence of the Minster for Energy and Environment, Mr Matt Kean MP, removed protections in six sanctuary zones in the Batemans Marine Park by introducing an amnesty on prosecutions for illegal fishing in these areas,
(b) this decision occurred without consultation, without notification of Native Title claimants, was outside the current marine park review, and has no scientific basis,
(c). internal emails between National Parks and Wildlife Service staff said that “opening up Sanctuary Zones even for a few months will very likely completely negate all the benefits that have been built up over the past 10 years since these areas will be heavily targeted by fishers, putting conservation outcomes and spill over benefits for fisheries in adjacent areas back 10 years”,
(d) the International Union for Conservation of Nature has put Minister Kean on notice that the internationally-recognised Green-listing of Montague Island is now at risk as a result of removing protections in this area due to the implications for, and availability of, food sources for the seabirds of Montague Island,
(e) since the amnesty announcement there has been a groundswell of support from the South Coast community for the protection of sanctuary zones given their ecological and economic value to the region, their role in supporting healthy fisheries and in building the resilience of the marine environment to mitigate the impacts of climate change and pollution impacts, and
(f) on Saturday 21 November 2020, over 300 people, including families, recreational fishers, traditional owners, scientists, divers, surfers, kayakers, business and ecotourism operators, conservationists and other diverse users of the marine park, paddled their surfboards and kayaks into the Batemans Marine Park at Narooma in support of the Save Batemans Sanctuaries campaign, to send a message to the local member Mr Andrew Constance MP, and the NSW Government that they want the marine sanctuaries restored and a evidence based and transparent review of the Batemans Marine Park.
(2) That this House call on the Government to:
(a) immediately restore sanctuary protections in Batemans Marine Park, and
(b) return to a transparent and evidence based approach to the design and management of the Batemans Marine Park.
(Notice given 24 November 2020—expires Notice Paper No. 92)
968. Mr Shoebridge to move—
(1) That this House notes that:
(a) there have been five tragic deaths of food delivery drivers in five months,
(b) food delivery drivers the majority of whom are visa holders earn well below minimum wage and have no access to leave, superannuation, workers compensation, training or safety equipment, and 6588 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) during the pandemic, Uber Eats forced an estimated 44 per cent reduction in the pay and conditions of food delivery workers while consumer spending on food delivery increased by more than 350 per cent across some areas of Sydney.
(2) That this House call on the Government to:
(a) recognise that all workers have a right to fair pay and conditions,
(b) recognise that all workers must have the right to workers compensation if they are injured or killed at work, and
(c) take steps to end the hyper exploitative cruel and dangerous abuse of gig economy workers in the delivery industry.
(Notice given 24 November 2020—expires Notice Paper No. 92)
*971. Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021: resumption of the adjourned debate of the question on the motion of Mr Searle: That this bill be now read a second time (5 calendar days from 5 May 2021)—Mrs Maclaren-Jones. (20 minutes)
975. Mr Searle to move—
(1) That, in accordance with Recommendations 1 and 2 of the Public Accountability Committee in its report entitled 'Budget process for independent oversight bodies and the Parliament of New South Wales – Final report', dated February 2021, for the remainder of the 57th Parliament:
(a) the Joint Committee on the Independent Commission Against Corruption review the annual budget submissions and any requests for supplementary funding of the Independent Commission Against Corruption and make recommendations to government as to its funding priorities in accordance with section 64(1)(e) of the Independent Commission Against Corruption Act 1988,
(b) the Joint Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission review the annual budget submissions and any requests for supplementary funding of the Law Enforcement Conduct Commission and make recommendations to government as to its funding priorities in accordance with section 131(1)(e) of the Law Enforcement Conduct Commission Act 2016,
(c) the Joint Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission review the annual budget submissions and any requests for supplementary funding of the NSW Ombudsman's Office and make recommendations to government as to its funding priorities in accordance with section 31B(1)(e) of the Ombudsman Act 1974, and
(d) the Joint Standing Committee on Electoral Matters review the annual budget submissions and any requests for supplementary funding of the NSW Electoral Commission and make recommendations to government as to its funding priorities in accordance with the resolution of both Houses establishing the committee in this Parliament.
(2) That this House requests the Legislative Assembly to agree to resolution in similar terms.
(Notice given 16 February 2021—expires Notice Paper No. 93)
6589 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
985. Ms Hurst to move—
(1) That this House notes that:
(a) on 1 February 2021, a development application to build an industrial-scale puppy farm in Moama, housing up to 200 breeding dogs and 120 puppies, opened for public consultation,
(b) the development application was submitted by Ashley Fenn, who has previously been linked to an illegal puppy farm in Victoria,
(c) since the Victorian Government banned puppy farms in 2018, an increasing number of breeders are moving across the border into New South Wales to take advantage of our lax animal protection laws, and
(d) as long as puppy farms remain legal in New South Wales, applications for large-scale puppy factories will continue to overwhelm local councils and anger local communities, who do not want to see dogs intensively farmed.
(2) That this House calls on the Government to urgently ban puppy farms in New South Wales.
(Notice given 16 February 2021—expires Notice Paper No. 93)
986. Ms Hurst to move—
(1) That this House notes that:
(a) on 17 December 2020, the Port of Newcastle sent a contract shooter to kill a colony of cats living on the Stockton Breakwall,
(b) local carers awoke on the morning of 18 December 2020 to find cats with open gun-shot wounds and permanently blinded, while others were missing and presumed dead as a result of this cruel, botched operation,
(c) many of the Stockton Breakwall cats had already been de-sexed and microchipped as part of a long running, responsible trap-neuter-return and care program, while others had already been rehomed, and
(d) the Stockton Breakwall cats did not deserve to die such a horrific death, which has caused massive community outcry and protest.
(2) That this House condemns the cruel and unjustified actions of the Port of Newcastle, and calls on the Government to support responsible trap-neuter-return and care programs.
(Notice given 16 February 2021—expires Notice Paper No. 93)
*987. Prevention of Cruelty to Animals Amendment (Aquatic Animal Recognition) Bill: resumption of the adjourned debate of the question on the motion of Ms Hurst: That this bill be now read a second time (5 calendar days from 17 February 2021)—Mrs Maclaren-Jones. (20 minutes)
(Notice given 16 February 2021)
6590 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
992. Mr Mookhey to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Planning and Public Spaces, the Valuer General NSW or the Department of Planning, Industry, and Environment relating to planning for Rhodes:
(a) all submissions, representations, correspondence or communication, excluding form submissions, regarding: (i) the Rhodes East Priority Precinct Investigation, (ii) the Rhodes Revised Draft Precinct Plan, (iii) the Draft Rhodes Place Strategy,
(b) all documents created since 1 January 2017 regarding planning for the ‘Leeds Street Area’,
(c) all briefings, including draft briefings, created since 1 January 2017 regarding master-planning or planning controls for Rhodes,
(d) all submissions, representations, correspondence or communications created since 1 January 2012 regarding planning for Rhodes sent to, or received from: (i) any member of parliament, (ii) any property developer, or their representative,
(e) all file notes, meeting papers, briefing notes, minutes, agendas or other documents created since 1 January 2012 regarding any meeting about planning for Rhodes attended by: (i) any member of parliament, (ii) any property developer, or their agent, and
(f) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 February 2021—expires Notice Paper No. 93)
995. Ms Boyd to move—
(1) That this House notes that the following Greens-initiated Local Government NSW 2020 Conference motion was carried by the Board of Local Government NSW on 11 December 2020:
"That Local Government NSW: 1. Notes that:
a. animal welfare and the care and control of companion animals are state responsibilities in NSW but that these responsibilities are largely met by local councils, b. unscrupulous breeding in puppy farms financially impacts on councils due to increased compliance costs and shelter, rehabilitation and rehoming costs, and c. puppy farms are cruel and inhumane.
2. Notes that:
a. the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 (Vic) prohibited the sale of breeders’ puppies in pet shops and restricts the number of fertile female dogs kept by breeders in Victoria, b. Victoria’s tougher regulations resulted in large-scale breeders indicating they are seeking sites in NSW to continue their activities, and 3. Urges the NSW Government to strengthen NSW Legislation to:
a. transition pet shops to registered not-for-profit adoption centres to rehome dogs and puppies from approved rescue organisations and shelters, 6591 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
b. limit animals kept by breeders and owners, including by limiting numbers of fertile female dogs on premises, c. ensure breeder identifications numbers are required for all litters, including the removal of loopholes for “one-off litters”, and d. instigate a common database and better co-ordination between enforcement agencies across jurisdictions.
4. Notes that euthanasia is a significant concern to councils and residents across NSW and is an animal welfare issue, and urges the NSW Government to act to reduce the rates of unwanted and abandoned animals by:
a. funding free desexing programs and education programs for pet owners, especially in areas with high dumping rates, and supporting more “pet-friendly” rental accommodation."
(2) That this House commends the Local Government NSW 2020 conference motion concerning puppy farming to the Premier, Honourable Gladys Berejiklian MP, and the Minister for Agriculture, the Honourable Adam Marshall MP.
(Notice given 16 February 2021—expires Notice Paper No. 93)
*999. Protection of the Environment Operations Amendment (Clean Air) Bill 2021— resumption of the adjourned debate of the question on the motion of Ms Boyd: That this bill be now read a second time (5 calendar days from 5 May 2021)—Mrs Maclaren-Jones. (20 minutes)
(Notice given 16 February 2021)
1002. Mr Borsak to move—
(1) That in accordance with Recommendation 11 of the Public Accountability Committee in its report entitled 'Budget process for independent oversight bodies and the Parliament of New South Wales – Final report', dated February 2021, for the remainder of the 57th Parliament:
(a) the Public Accountability Committee review any budget funding bids by the NSW Audit Office and make recommendations to government as to its funding priorities, and
(b) for the purposes of this process, the Public Accountability Committee may meet, deliberate and make joint reports with any committee appointed by the Legislative Assembly for the same purpose pursuant to standing order 219(a).
(2) That a message be forwarded to the Legislative Assembly informing it of the resolution of the House and requesting that the Legislative Assembly appoint a committee of that House to confer with the Public Accountability Committee in relation to any budget funding bids by the NSW Audit Office.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1004. Mrs Maclaren-Jones to move—
(1) That this House affirms its support for the implementation of the Australian Government’s COVID- 19 Vaccine and Treatment Strategy to protect Australians.
(2) That this House notes that:
(a) the COVID-19 vaccination is a safe, effective and free vaccine that will give the people of New South Wales protection against COVID-19 virus, 6592 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) any COVID-19 vaccines are tested extensively during development to ensure that they provide scientific efficacy and that they’re rigorously assessed for quality, safety and effectiveness by the Therapeutic Goods Administration (TGA),
(c) the COVID-19 vaccine is carefully tested for safety through careful analysis of clinical trial data, ingredients, chemistry, manufacturing and other factors,
(d) the NSW Government is collaborating with the Australian Government for the implementation of the COVID-19 Vaccination Strategy,
(e) NSW Health’s vaccination plans are underpinned by a strong immunisation program, and
(e) the Australian Government has provided $6.3 billion in COVID-19 vaccination and treatment.
(3) That this House affirms the importance of the COVID-19 national rollout phases based on groups who are in need of protection first based on current public health, medical and epidemiological evidence.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1005. Mr Shoebridge to move—
That, in accordance with Recommendation 8 of the Public Accountability Committee in its report entitled 'Budget process for independent oversight bodies and the Parliament of New South Wales – Final report', dated February 2021, for the remainder of the 57th Parliament, the Public Accountability Committee review the annual budget submission of the Department of the Legislative Council and any requests for supplementary funding and give directions as to its funding priorities.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1006. Mr Shoebridge to move—
(1) That, in accordance with Recommendation 9 of the Public Accountability Committee in its report entitled 'Budget process for independent oversight bodies and the Parliament of New South Wales – Final report', dated February 2021, for the remainder of the 57th Parliament:
(a) the Public Accountability Committee review the annual budget submission of the Department of Parliamentary Services and any requests for supplementary funding and give directions as to its funding priorities, and
(b) for the purposes of this process, the Public Accountability Committee may meet, deliberate and make joint reports with any committee appointed by the Legislative Assembly for the same purpose pursuant to standing order 219(a).
(2) That a message be forwarded to the Legislative Assembly informing it of the resolution of the House and requesting that the Legislative Assembly appoint a committee of that House to confer with the Public Accountability Committee in relation to the annual budget submission of the Department of Parliamentary Services and any requests for supplementary funding.
(Notice given 16 February 2021—expires Notice Paper No. 93)
6593 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1009. Mr Shoebridge to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Department of Planning, Industry and Environment or the Minister for Local Government relating to the Public Inquiry into North Sydney Council:
(a) the following documents referred to in the schedule of the decision by the NSW Civil and Administrative Tribunal on Beregi v Department of Planning, Industry and Environment [2019] NSWCATAD 253: (i) 15a - A488616 - code of conduct matters referred by Council, (ii) 15t - Attachment Q - File Note of observations of meeting October 2013, (iii) 15ze - Attachment ZB - File Note of observations of meeting 20 July 2015, (iv) 15zh - Attachment ZE - File note of observations of meeting 17 August 2015, (v) 15zi - Attachment ZF - File note of observations of meeting 16 November 2015, (vi) 15zk - Attachment ZH - Notes of meeting with North Sydney Council staff - 7 July 2014, (vii) 15zm - Attachment ZK - Framework For Managing Councillor Misconduct Allegations February 2013, (viii) 19 - North Sydney - Clr Gibson - Misconduct - investigation - DS (qA45100) (and investigation file attached), (ix) 23 - RE: further submissions (and investigation file attached), (x) 26 - Response to Commissioner Howard, (xi) 29 - A515260 - North Sydney: PI - Sear (OLG) - Complaint statistics - 16-09-16, (xii) A489896 - OLG - North Sydney - Request for - additional information - conduct investigation - submission.pdf, (xiii) A489896 - Attachment A - Approval to conduct an investigation - Terms of .Reference.pdf, (xiv) A489896 - Attachment B - Submission to commence misconduct investigation.PDF, (xv) A489896 - Attachment C Submission outlining assessment of matter 1.PDF, (xvi) A489896 - Attachment D - Letter to Council regarding matter 1.PDF, (xvii) A429679 - OLG - North Sydney - options following PIO - CE comment, (xviii) A429679 - OLG - North Sydney - Submission on options following PIO - LB, (xix) Attachment 3 - Report of Mr Kirby on Conflict resolution process outcome, (xx) Attachment 5 - Meeting observations - 20 July 2015, (xxi) Attachment 6 - Meeting observations - 17 August 2015, (xxii) A438693 - OLG - North Sydney - Sub for PI and Suspension 17 September 2015, (xxiii) A438717 - North Sydney - Final submission recommending Public Inquiry and Suspension, (xxiv) A393380 - North Sydney Intervention Summary - one page table - Sept 2014, (xxv) A454407 - North Sydney - Public Inquiry - Attachment A - Events leading to PIO, (xxvi) A441798 - OLG - North Sydney - Revised Final Submission to Minister on Public Inquiry January 2016 - SUB, (xxvii) Enclosure 1 - A438717 - OLG - North Sydney - submission - December 2015, (xxviii) A452077 - North Sydney - Options for further intervention - December 2015,
(b) the record of a phone conversation between Tim Hurst and the Mayor of North Sydney, as attached to an email entitled 'RE: North Sydney Mayor' sent by Tim Hurst to Tony Day on 2 August 2016, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 February 2021—expires Notice Paper No. 93)
*1013. South32 Dendrobium Extension Project Approval Bill 2021: resumption of the adjourned debate of the question on the motion of Mr Latham: That this bill be now read a second time (5 calendar days from 17 March 2021)—Mrs Maclaren-Jones. (20 minutes)
(Notice given 16 February 2021)
6594 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1014. Mr Latham to move—
That this House strongly urges:
(a) the Minister for Families, Communities and Disability Services, the Honourable Gareth Ward MP, and the Children’s Guardian to inform child care centres and preschools in New South Wales that there is nothing in the Child Safe Standards guidelines that requires or justifies the reading of gender diversity books to three and four year old children, and
(b) the Minister for Education and Early Childhood Learning, the Honourable Sarah Mitchell MLC, to work with her federal counterpart to prevent the age inappropriate teaching of gender diversity material in New South Wales preschools and child care centres.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1015. Mr Latham to move—
That this House:
(a) condemns the Department of Planning, Industry and Environment Secretary, Mr Jim Betts, for his insult to Indigenous people by persisting in paternalistic, virtue signalling gestures in New South Wales strategic planning documents, the modern equivalent of offering beads and blankets,
(b) notes that the Draft Aerotropolis Precinct Plan, November 2020, facilitates the construction of an international airport, large housing estates, commercial, tourism and industrial zones, and new roads, rail lines and Metro stations, clearing away the vegetation and environment once occupied by Indigenous people,
(c) condemns Mr Betts for trying to dress up this huge urban development pavement, concreting and construction exercise as a “significant Connection to Country”, indeed, his false and misleading claim that the number one driver of the Aerotropolis development is Indigenous “Connecting to Country”,
(d) also condemns Mr Betts for placing Indigenous dot-patterns on the Aerotropolis plan, as if this pathetically-shallow tokenism somehow makes the document Indigenous,
(e) urges the Minister for Planning and Public Spaces, Rob Stokes, MP, to get rid of Mr Betts for his insults to Indigenous Australians and at least, recognise the truth, the full truth of what something like the Aerotropolis is doing to the vegetation and environment once occupied by the Indigenous peoples of Western Sydney, and
(f) also notes that the Indigenous consultation for the Aerotropolis plan involved just 132 people, or 0.22 per cent of Western Sydney’s Indigenous population, and the 132 were said to be suffering “consultation fatigue”, again demonstrating the tokenism and shallowness of the Jim Betts approach.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1016. Mr Latham to move—
(1) That this House notes that:
(a) when he released the Government's Net Zero Emissions by 2050 policy in March 2020, the Minister for Energy and Environment, Matt Kean MP, could only identify 240 new jobs per annum, compared to the 75,000 coal-reliant jobs in the Hunter Valley his policy puts at risk, 6595 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) Minister Kean also said on the parliamentary record that his Department had modelled the Net Zero policy and had “used modelling by the Commonwealth Government for this purpose”, the only Commonwealth modelling available to them was the 2019 CSIRO Australian National Output Technical Report.
(c) the 2019 CSIRO report states: (i) a carbon price of $200 per tonne is needed to get to Net Zero 2050, that is, eight times higher than Julia Gillard’s carbon tax, (ii) by 2050 every person in New South Wales will be $25,000 worse off under Net Zero Emissions, compared to a no-policy-change outcome,
(d) when the Arden Government in New Zealand modelled its Net Zero 2050 policy, with an exemption for agriculture, it identified a 16 per cent sacrifice in GDP growth and household income, with the equivalent Australian figure at 30 to 40 per cent,
(e) the Deputy Premier, John Barilaro MP, has said that a Net Zero 2050 policy with no exemptions will destroy agriculture and mining in our State,
(f) Minister Kean has said he supports a Federal Government exemption for agriculture, even though his own 2050 policy includes agriculture, and
(g) when the Australian Workers Union and the Mining and Energy Division of the CFMMEU briefed Federal Labor MPs in October 2020, they said that coal is needed in Australia for decades to come and gas-power permanently for manufacturing jobs, they said that a ‘hard switch’ to renewable energy in Australia puts at risk 250,000 resource sector jobs and over 3 million manufacturing and supply chain jobs, including 172,000 directly in Sydney.
(2) That this House calls on the Government to:
(a) publicly release the economic modelling for the Net Zero Emissions by 2050 policy, and
(b) exempt all trade-exposed industries in New South Wales from the policy, including agriculture, mining and manufacturing.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1020. Mr Graham to move—
That, in accordance with Recommendation 5 of the Public Accountability Committee in its report entitled 'Budget process for independent oversight bodies and the Parliament of New South Wales – Final report', dated February 2021, and paragraph 2 of the resolution of both Houses establishing the Joint Standing Committee on Electoral Matters, this House refers to the Joint Standing Committee on Electoral Matters for inquiry and report the adequacy of the funding allocation of the NSW Electoral Commission for the 2023 election, in particular taking into account the latest advice around issues of electoral integrity arising from foreign interference in elections.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1023. Mr Graham to move—
(1) That this House notes that:
(a) the NSW Legislative Council Standing Committee on State Development tabled its report ‘Defence industry in New South Wales’ on 7 June 2018.
(b) recommendation 2 of that report stated: "That the Parliament of New South Wales support the establishment of a Joint Committee on Defence and Space Industries in New South Wales", and 6596 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) the Government response to the report supported that recommendation in principle and observed that the establishment of such committees was a matter for the Parliament.
(2) That a joint select committee be established to inquire into and report on Defence and Space Industries in New South Wales, and in particular:
(a) any matter connected to defence and space industries in New South Wales, and
(b) the implementation of the 15 recommendations made by the State Development Committee in its report 'Defence industry in New South Wales'.
(3) That, notwithstanding anything to the contrary in the standing orders of either House, the committee consist of eight members comprising:
(a) four members of the Legislative Council, of whom: (i) two are government members, (ii) one is an opposition member, (iii) one is a crossbench member, and
(b) four members of the Legislative Assembly, of whom: (i) two must be government members, (ii) two must be an opposition or crossbench member.
(4) That the Chair of the committee be a member of the government in the Legislative Council, and the Deputy Chair be an opposition or crossbench member.
(5) That, notwithstanding anything in the standing orders of either House, at any meeting of the committee, any four members of the committee will constitute a quorum, provided that at least one member of each House is present at all times.
(6) That members may be appointed to the committee as substitute members for any matter before the committee by providing notice in writing to the Committee Clerk, with nominations made as follows:
(a) nominations for substitute government or opposition members are to be made by the Leader of the Government, Leader of the Opposition, Government or Opposition Whip or Deputy Whip, as applicable, and
(b) nominations for substitute crossbench members are to be made by the substantive member or another crossbench member.
(7) That, unless the committee decides otherwise:
(a) submissions to inquiries are to be published, subject to the Committee Clerk checking for confidentiality and adverse mention and, where those issues arise, bringing them to the attention of the committee for consideration,
(b) the Chair’s proposed witness list is to be circulated to provide members with an opportunity to amend the list, with the witness list agreed to by email, unless a member requests the Chair to convene a meeting to resolve any disagreement,
(c) the sequence of questions to be asked at hearings is to alternate between government, opposition and crossbench members, in order determined by the committee, with equal time allocated to each,
(d) transcripts of evidence taken at public hearings are to be published,
(e) supplementary questions are to be lodged with the Committee Clerk within two business days, following the receipt of the hearing transcript, with witnesses requested to return 6597 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
answers to questions on notice and supplementary questions within 21 calendar days of the date on which questions are forwarded to the witness, and
(f) answers to questions on notice and supplementary questions are to be published, subject to the Committee Clerk checking for confidentiality and adverse mention and, where those issues arise, bringing them to the attention of the committee for consideration.
(8) That this House requests the Legislative Assembly to agree to a similar resolution and name the time and place for the committee’s first meeting.
(Notice given 16 February 2021—expires Notice Paper No. 93)
*1025. Public Health Amendment (Vaccination Compensation) Bill 2021: resumption of the adjourned debate of the question on the motion of Revd Nile: That this bill be now read a second time (5 calendar days from 17 February 2021)—Mrs Maclaren-Jones. (20 minutes)
1031. Mr Field to move—
(1) That this House notes the correspondence received from the General Counsel of the Department of Premier and Cabinet on Friday 20 December 2020, in response to the resolution of the House of Wednesday 18 November 2020 relating to an order for papers regarding floodplain harvesting regulation, advising that the Natural Resources Access Regulator is not subject to the control and direction of the Minister and that the Legislative Council should liaise directly with the Regulator in relation to the resolution.
(2) 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 21 September 2020 in the possession, custody or control of the Natural Resources Access Regulator relating to floodplain harvesting regulation:
(a) all documents relating to the disallowance of the Water Management (General) Amendment (Exemptions for Floodplain Harvesting) Regulation 2020, and its impact or implications,
(b) all documents relating to the legal status of floodplain harvesting, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(3) That the Clerk communicate the terms of this resolution to the Natural Resources Access Regulator.
(Notice given 16 February 2021—expires Notice Paper No. 93)
1040. Mr Searle to move—
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 January 2017 in the possession, custody or control of the Premier, Department of Premier and Cabinet, Minister for Transport and Roads, Transport for NSW, Minister for Police and Emergency Services, or NSW Police Force relating to Mr Brad Burden:
(a) all documents relating to Mr Brad Burden’s appointment to the Office of the Premier in 2017,
(b) all documents relating to Mr Brad Burden’s departure from the Office of the Premier in 2019,
(c) all documents relating to Mr Brad Burden’s engagement as a contractor by Transport for NSW in 2019, 6598 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) all documents relating to any security clearance process undertaken by Mr Brad Burden in respect of both his employment in the Office of the Premier and his engagement as a contractor by Transport for NSW, including but not limited to security assessments and supporting documents, and
(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1051. Mr Banasiak to move—
That this House notes that:
(a) prior to the implementation of the NSW Rock Fishing Safety Act 2016 around 400,000 NSW Recreational Fishing Licence fees from the Saltwater Fishing Trust fund have been allocated to collaborative Rock Fishing Safety, education and Awareness programs,
(b) these programs targeted how to safely fish from New South Wales coastal rock platforms; improving a fishers knowledge; understanding coastal weather patterns; what is appropriate safety apparel when fishing on high-risk rock fishing platforms including life jackets, wetsuits and appropriate footwear; and other key safe fishing devices that assist rock fishers in fishing safely,
(c) these collaborative rock fishing education packages took into consideration the expertise, experience and knowledge of many experienced rock fishers from multiple New South Wales recreational fishing associations,
(d) these structured educational programs promoted safe fishing and basic weather safety to those that participated,
(e) the “Don’t Put Your Life on the Line!” campaign was so successful other Australian states and some European countries adopted it as best practice,
(f) despite the success of these campaigns the introduction of the Rock Fishing Safety Act 2016 by the Government contradicted the best practice collaborative education package and removed any reference to appropriate footwear or other safe rock fishing apparel like wetsuits and other floatation apparel,
(g) the Government ignored best advice to practically investigate, assess and test various types of life jackets that are recommended under the Rock Fishing Safety Act 2016 and listed as the Australian standard,
(h) in 2018, under the then Minister for Police and Emergency Services, the Honourable Troy Grant, the Rock Fishing Safety Act 2016 was made an opt-in or opt-out decision for coastal councils,
(i) many councils chose to opt-out, leaving high-risk rock fishing locations with minimal safety signage and no enforcement controls including the Wollongong City council where Hill 60 is located,
(j) in the last month, five rock fishers have been swept off the rocks and to their deaths at Hill 60 in the Wollongong City council LGA,
(k) in 2017-18 the Rock Fishing Safety Awareness Program aimed at the non-English speaking CALD communities was significantly disrupted by the then Police and Emergency Services Minister Troy Grant by transferring responsibilities and resourcing to the then NSW DPI and Fisheries Minister, the Honourable Niall Blair, thus absolving the Police and Justice Department of any responsibilities,
(l) further to this disruption, in April 2019 the Government removed the Rock Fishing Safety Act from the DPI and Fisheries portfolio under the Honourable Adam Marshall and reinstated it into the care 6599 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
and control of the current Minister for Police and Emergency Services, the Honourable David Elliott along with the Minister for Local Government, the Honourable Shelly Hancock,
(m) by removing and reinstating the Rock Fishing Safety Act across three portfolios and four ministers; the safety of New South Wales rock fishers has been put at further risk, and no responsibility has been taken by the Government to properly resource, fund or raise awareness for rock fishing safety,
(n) no member of the Government can provide concise or accurate answers as to how much money has been collected through fines issued for rock fishing violations and whether that money has been returned to the NSW Recreational Fishing Trust fund to assist in further campaigns for rock fishing safety programs,
(o) fishing associations like the Recreational Fishing Alliance of NSW and the Australian National Sports Fishing Associations NSW Branch spend considerable time and funds to maintain rock fishing platforms and provide safety for public recreational fishers,
(p) one such initiative by these groups, the ANSA NSW Angel Rings (orange life buoys placed on stainless steel posts at known high-risk rock fishing spots), have successfully saved the lives of nearly 100 rock fishers since 1994,
(q) a group of dedicated fishers and community volunteers continue to oversee the Angel ring network,
(r) the Governments Rock Fishing Safety Act 2016 is an abject failure and has failed to protect the public and the New South Wales rock fishing community, particularly those from non-English speaking CALD communities, and
(s) the Rock Fishing Safety Act 2016 needs to be formerly amended to recognise appropriate footwear and that wetsuits can act as safe fishing and buoyancy apparel and still allow a person to swim safely.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1052. Mr Banasiak to move—
That leave be given to bring in a bill for an Act to amend the Rock Fishing Safety Act 2016 to extend the application of the Act to high risk rock fishing locations anywhere in New South Wales; to require persons to wear appropriate footwear when rock fishing; and for related purposes.
(Rock Fishing Safety Amendment Bill)
(Notice given 17 February 2021)
1056. Mrs Maclaren-Jones to move—
(1) That this House notes that:
(a) International Nurses Day 2021 will be celebrated on Wednesday 12 May, the anniversary of Florence Nightingale’s birth, and
(b) this year’s theme for International Nurses Day is “Nurses: A Voice to Lead”, with the sub theme for 2021 being “A Vision for Future Healthcare”.
(2) That this House commends the outstanding contribution of each and every nurse and midwife across the health care workforce in NSW and thanks them for their dedication.
6600 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(3) That this House acknowledges the ongoing efforts of the NSW nursing and midwifery workforce in keeping the community safe from COVID-19, and caring for those who have contracted the virus.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1057. Mrs Maclaren-Jones to move—
(1) That this House commends the NSW Government for accelerating the $750 million redevelopment of Royal Prince Alfred Hospital,
(2) That this House recognises the importance of this redevelopment, which includes the delivery of a new building, more inpatient beds and an expanded emergency department, to ensure that the hospital continues to serve Sydney’s growing community into the future,
(3) That this House notes that this project is expected to create thousands of jobs and will make an important contribution to the State’s COVID-19 Recovery Plan, and
(4) That this House notes the NSW Government began the transformation of this site with the Professor Marie Bashir Centre, which opened in 2014.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1059. Mr Latham to move—
(1) That this House notes that:
(a) in 2020 the NSW Government paid $302,000 (excluding GST) to Mr Cameron Hepburn of Aurora Energy Research for the modelling of Minister Kean’s Electricity Infrastructure Roadmap,
(b) in October 2020 Mr Hepburn held 275,000 shares in Aurora Energy Research, a company he founded,
(c) Mr Hepburn also has financial links to Mr Michael Photios' and Ian Hancock's Blueprint Institute (as a member of its Strategic Council and in doing research work on Institute projects), a clear conflict of interest given the substantial lobbying and business interests Mr Photios and Mr Hancock hold in renewable energy and their influence within the New South Wales Liberals moderates faction, of which the Honourable Matt Kean MP, Minister for Energy and Environment, is a prominent member and political beneficiary,
(d) Mr Photios and Mr Hancock own and manage the PremierState and PremierNational lobbying firms, with multiple renewable energy corporate clients, and also Clean Energy Strategies, a company dealing financially in Power Purchasing Agreements for renewable energy,
(e) in his modelling for the Electricity Infrastructure Roadmap, Mr Hepburn used a false assumption of 1 Gigawatt rooftop solar generation in NSW, 2.5GW below the actual level, meaning he over-estimated by 2.5GW the amount of utility solar and wind farm power needed in New South Wales, a financial bonanza for the Photios/Hancock corporate interests,
(f) Minister Kean selected someone from the Blueprint Institute to do the modelling for his New South Wales electricity policy that produced an outcome financially beneficial to those who own and run the Blueprint Institute, an abuse of office and evidence of corrupt conduct,
(g) in answer to Legislative Council Question on Notice 3486, Minister Kean stated that Mr Hancock’s sister, Ms Ava Hancock, works as his Policy Director for Energy and has declared 6601 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
a conflict of interest in relation to her brother’s renewable energy holdings, yet Minister Kean has allowed this conflict to become a permanent part of his ministerial office,
(h) Ms Hancock would have been part of the decision to select Cameron Hepburn from her brother’s Blueprint Institute to undertake the economic modelling that now underpins huge financial benefits for her brother, and
(i) this energy policy-making cartel is riven with conflicts of interest, abuses of office and evidence of corrupt conduct that should be investigated by the Independent Commission Against Corruption.
(2) That, under section 73 of the Independent Commission Against Corruption Act 1988 this House refers to the Independent Commission Against Corruption (ICAC) for investigation and report:
(a) the circumstances under which Mr Cameron Hepburn, Aurora Energy Research was commissioned by the Government to undertake the modelling for the New South Wales Electricity Infrastructure Roadmap,
(b) any financial, commercial or other links between Aurora Energy Research and the Blueprint Institute,
(c) any personal or other relationships between the Office of the Honourable Matt Kean MP, Minister for Energy and Environment, and the Aurora Energy Research and the Blueprint Institute,
(d) the methodology used in Mr Hepburn's modelling for the New South Wales Electricity Infrastructure Roadmap, and
(e) any related matters the Commissioner deems necessary.
(3) A message be sent to the Legislative Assembly informing it that the Legislative Council has this day agreed to the resolution and, pursuant to section 73 of the Independent Commission Against Corruption Act 1988, requests the Legislative Assembly to pass a similar resolution.
(4) That in the event that the Legislative Assembly does not pass a similar resolution and inform the Legislative Council within two sitting days of receipt of a message from the Legislative Council, the Clerk is to communicate the resolution of the House to the Independent Commission Against Corruption.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1061. Ms Hurst to move—
(1) That this House notes that:
(a) cellular agriculture, sometimes referred to as ‘slaughter-free agriculture’, involves the production of animal products, such as meat and dairy, from cell-cultures,
(b) experts agree that cellular agriculture has the potential to transform the way food is produced globally, and eliminate much of the harm caused by the animal agribusiness industry to animals, the environment and human health,
(c) in January 2021, it was announced that the New South Wales-based company VOW Foods raised $6,000,000 USD to develop their cutting-edge cellular meat products, and
(d) with a growing demand for alternative proteins, particularly in Asia, Australian companies are well-placed to profit and become leaders in this emerging industry—but only if they have proper financial and regulatory support from the Government. 6602 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House calls on the Government to provide greater support to cellular agriculture companies in Australia.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1062. Mr Shoebridge to move—
(1) That this House notes that:
(a) the Government has proposed a bill to set aside settlement agreements for past child abuse,
(b) the bill seeks to allow New South Wales courts to set aside historical settlement agreements for child abuse,
(c) the power imbalance between institutions and victims means many past settlements were effectively coercion rather than a fair response to the harm done, and
(d) historically survivors of child sexual abuse almost always entered into unfair settlements under unfair laws and with deeply inappropriate moral pressure from the organisations that abused them.
(2) That this House notes with concern that::
(a) the current draft of the Civil Liability Amendment (Child Abuse Settlement) Bill 2020 does not deliver on the Attorney General’s promise to allow unfair settlements to be set aside so that victims of historic child sexual abuse can achieve justice, and
(b) a large number of organisations have made submissions noting their concerns with the proposed model.
(3) That this House calls on the Attorney General, the Honourable Mark Speakman MP, to ensure the final model proposed to the Parliament respects and supports victims and survivors by delivering a fair and workable pathway to justice.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1063. Mr Shoebridge to move—
That this House notes the extreme community dissatisfaction with the politicised distribution of bushfire and council grants by the Coalition Government.
(Notice given 17 February 2021—expires Notice Paper No. 94)
1066. Mr Buttigieg to move—
(1) That this House notes that the return to the order of the House of Wednesday 18 November 2020 regarding bushfire reports by Noetic, received on Wednesday 9 December 2020, did not produce any reports from Noetic as ordered.
(2) That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution the following documents, excluding any documents previously returned under an order of the House, in the possession, custody or control of the Minister for Police and Emergency Services, Resilience NSW, NSW Rural Fire Service, the Office of Emergency Management, or Fire and Rescue NSW relating to bushfire reports by Noetic: 6603 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(a) all documents prepared by Noetic relating to call taking and dispatch models and fire emergency communication centres in New South Wales, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 18 February 2021—expires Notice Paper No. 95)
1068. Mr Graham to move—
(1) That this House notes that:
(a) nearly one in five young people in the Hunter region are unemployed, and
(b) the Hunter community was not consulted about the recent decision to sell the site of Scone TAFE and that it found out about the sale from the real estate listing.
(2) That this House calls on the Government to reconsider the sale of the site of Scone TAFE.
(Notice given 18 February 2021—expires Notice Paper No. 95)
1069. Mr Graham to move—
(1) That this House notes that:
(a) some residents of Sydney are paying $6,000 a year in tolls,
(b) this Government has imposed a new toll on the old M5 East flooding local suburbs with traffic, and
(c) while tolls are increasing 4 per cent a year, wages are stagnant.
(2) That this House calls for an inquiry into:
(a) the cost of tolls for New South Wales drivers,
(b) the prospects for toll relief, and.
(c) the extreme secrecy which currently governs toll road contracts.
(Notice given 18 February 2021—expires Notice Paper No. 95)
1071. Mr Shoebridge to move—
(1) That this House notes that:
(a) on 7 February 2021, I joined local forest campaigners and visited 11 of the 18 compartments surrounding Brooman and Shallow Crossing State Forests which are currently slated for logging,
(b) from logging trucks damaging the roads to continued breaches of logging rules, it is clear this industry has lost its social license, and
(c) the spread of fire over the last fire season demonstrates how recently-logged forests are more fire-prone, while non-logged forests with intact canopy and moist understory provide natural barriers to fire. 6604 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House commends the activists and citizen scientists who are working hard to protect what they can in these forests, including by marking out trees that are supposed to be protected under the current rules.
(3) That this House affirms that:
(a) everything changed after the fires,
(b) the forests on the South Coast have enormous potential, not as woodchips but as places for tourism, local engagement and recreation,
(c) with modest investment we could create networks of walking and mountain bike trails, places to camp, sensitive eco-tourism and kayak trails, while also protecting these forests, and
(d) protecting these forests from logging doesn’t mean locking them up, it can mean opening them up in a way that has never been possible before, while delivering enormous environmental and sustainability benefits.
(4) That this House calls on the Government to make a plan for the future of these forests, with an end to native forest logging and a real plan for the future of the workers in and around these forests.
(Notice given 18 February 2021—expires Notice Paper No. 95)
1074. Mr Searle to move—
That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution the following documents created since 1 January 2020 in the possession, custody or control of the Premier or Department of Premier and Cabinet relating to emails from the Premier:
(a) all emails to or from [email protected] email account, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1075. Mr Searle to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Premier, the Treasurer, the Minister for Finance and Small Business, the Minister for Customer Service, the Minister for Education and Early Childhood Learning, the Minister for Skills and Tertiary Education, the Minister for Families, Communities and Disability Services, the Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, the Attorney General, the Minister for Police and Emergency Services, the Minister for Counter Terrorism and Corrections, the Minister for Local Government, the Minister for Better Regulation and Innovation, the Minister for Sport, Multiculturalism, Seniors and Veterans, the Minister for Health and Medical Research, the Minister for Mental Health, Regional Youth and Women, the Minister for Regional New South Wales, Industry and Trade, the Minister for Transport and Roads, the Minister for Regional Transport and Roads, the Minister for Planning and Public Spaces, the Minister for Water, Property and Housing, the Minister for Jobs, Investment, Tourism and Western Sydney, the Minister for Energy and Environment, the Minister for Agriculture and Western New South Wales, or their respective departments and agencies concerning the Budget Estimates inquiry 2020-2021:
(a) the final briefing folder or briefing documents, whether in paper or electronic form, used by each Minister, Secretary or Deputy Secretary for the initial round of hearings for the Budget Estimates inquiry 2020-2021, and 6605 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1076. Ms Sharpe to move—
(1) That this House notes with sadness the death of Jack Mundey AO, unionist, environmentalist and social justice activist on 10 May 2020 who was formally farewelled at a State Memorial Service on Wednesday 10 March 2021 at Sydney Town Hall.
(2) That this House further notes that:
(a) Jack Mundey was a passionate unionist who was the NSW Secretary of the Builders Labourers’ Federation,
(b) while fighting for the safety and wages of building workers, Jack Mundey formed alliances with activists fighting to protect and conserve historic buildings, homes, bushland and public spaces from developers,
(c) led by Jack Mundey, the Green Bans movement: (i) saved housing in The Rocks, Victoria Street Potts Point, Woolloomooloo, Glebe and Chippendale, (ii) stopped the destruction of the Botanical Gardens, Centennial and Moore parks, (iii) fought and saved urban bushland in Kelly’s Bush in Hunters Hill, (iv) campaigned for world leading heritage, environmental and planning laws,
(d) Jack Mundey was also responsible for the first pink ban placed on Macquarie University after one of their residential halls expelled a student for being gay,
(e) in 2000, Jack Mundey was made an Officer in the Order of Australia “for service to the identification and preservation of significant sections of Australia's natural and urban heritage through initiating ‘Green Bans’ and through the Historic Houses Trust of New South Wales”, and
(f) Jack Mundey continued his activism throughout his entire life, in more recent times joining the campaign to save the Sirius Building and protect the heritage of Parramatta, in particular the Parramatta Female Factory.
(3) That this House passes on its deepest condolences to Jack’s family and the many community members who campaigned with Jack for a fairer and more sustainable New South Wales.
(4) That this resolution be communicated by the President to the family of Jack Mundey.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1077. Ms Sharpe to move—
(1) That this House notes that on 10 March 2021, the NSW Coroner delivered its report from the inquest into the shocking and tragic death of Baby Z, conducted by Deputy State Coroner, Magistrate Harriet Grahame.
(2) That this House further notes that:
(a) Baby Z was just two years, seven months and six days old when he died at Wollongong Hospital in August 2012 from a traumatic head injury, 6606 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) the inquest into Baby Z’s death attempted to understand the broader systemic failures that contributed to his death,
(c) Magistrate Grahame found that despite multiple reports that Baby Z was at risk of significant harm, he did not receive a face to face assessment by child protection caseworkers prior to his death,
(d) Magistrate Grahame stated that it is ‘both shocking and completely unacceptable’ that around 70 per cent of children who are the subject of a Risk of Significant Harm report do not attract a statutory response, and
(e) Magistrate Grahame also stated that the responsibility for protecting children and young people “cannot be shifted by creating a culture where overworked or under-skilled staff can close reports, claiming a lack of resources or competing priorities.”.
(3) That this House expresses its alarm regarding the tragic death of Baby Z and the Deputy State Coroner’s findings regarding the New South Wales child protection system.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1080. Ms Hurst to move—
(1) That this House notes that:
(a) it is a shocking reality that, in New South Wales, there have been no animal bans imposed on perpetrators as a result of a conviction of bestiality,
(b) the lack of animal bans for bestiality means that animals in our community are not being protected from potential sexual abuse, and
(c) the community does not want to see individuals convicted of sexually abusing animals having any future interaction with animals.
(2) That this House calls on the Government to introduce mandatory, lifetime restrictions on owning or working with animals for individuals convicted of bestiality.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1081. Ms Hurst to move—
(1) That this House notes that:
(a) Buddy is a beagle cross kelpie who was used in medical experimentation for the first nine years of his life,
(b) most Australians would be horrified to discover that dogs and cats are being experimented on, yet statistics released by the Government show that over 5,000 dogs and cats were used for research in 2019,
(c) Buddy is one of the very few survivors of medical experimentation to ever be released, with the Government reporting that only 30 dogs were rehomed from research facilities in the past year,
(d) in 2018, the former Minister for Agriculture promised to develop mandatory regulations for the rehoming of cats and dogs used in research – but over two years later, this has still not happened, and 6607 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(e) even though taxpayer money is used to fund the continued breeding and use of animals like Buddy in experimentation, the Government refuses to say exactly how much money is given to this industry, and there is no transparency about the types of experiments taxpayers are funding.
(2) That this House calls on the Government to enact ‘Buddy’s Law’, which will give companion animals the ‘Right to Release’ from medical experimentation facilities, and end the hidden use of taxpayer dollars on animal research.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1083. Mr Amato to move—
(1) That this House notes that:
(a) the NSW Police Force and TAFE NSW have been doing exemplary work in partnering to create career opportunities in the NSW Police Force for Indigenous people,
(b) the Minister for Police and Emergency Services, the Hon David Elliott MP, the Commissioner of Police, Mr Mick Fuller and TAFE NSW have been dedicated and committed to formulating the Indigenous Police Recruitment Our Way Delivery Program (IPROWD), and
(c) the Indigenous Police Recruitment Our Way Delivery Program is committed to achieving the following objectives:
(i) supporting Aboriginal and Torres Strait Islander people to join the NSW Police Force or other Justice and Emergency Services agencies, and
(ii) the IPROWD program is designed to prepare students for the University Certificate in Workforce Essentials (UCWE), the Associate Degree in Policing Practice (ADPP) offered by Charles Sturt University (CSU) at the NSW Police Academy, or other vocational and study pathways.
(2) That this House acknowledges:
(a) the unique and wonderful cultural heritage of the Aboriginal People,
(b) the significant contribution of Indigenous police officers in serving the state of NSW, and
(c) the contribution of all of our Police and Emergency Service personnel who have dedicated their lives in service to the state of NSW.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1085. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 January 2021 in the possession, custody or control of the Minister for Education and Early Childhood Learning or Department of Education relating to the Rural and Remote Incentives Review:
(a) all documents relating to the internal discussion paper on the Rural and Remote Incentives Review,
(b) the terms of reference for the Rural and Remote Incentives Review,
(c) any preliminary reports or briefings regarding the Rural and Remote Incentives Review, and 6608 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1089. Mr Searle to move—
That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution the following documents created since 1 March 2019 in the possession, custody or control of the Premier, the Treasurer, the Minister for Finance and Small Business, the Minister for Customer Service, the Minister for Education and Early Childhood Learning, the Minister for Skills and Tertiary Education, the Minister for Families, Communities and Disability Services, the Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, the Attorney General, the Minister for Police and Emergency Services, the Minister for Counter Terrorism and Corrections, the Minister for Local Government, the Minister for Better Regulation and Innovation, the Minister for Sport, Multiculturalism, Seniors and Veterans, the Minister for Health and Medical Research, the Minister for Mental Health, Regional Youth and Women, the Minister for Regional New South Wales, Industry and Trade, the Minister for Transport and Roads, the Minister for Regional Transport and Roads, the Minister for Planning and Public Spaces, the Minister for Water, Property and Housing, the Minister for Jobs, Investment, Tourism and Western Sydney, the Minister for Energy and Environment, the Minister for Agriculture and Western New South Wales, the Department of Premier and Cabinet, The Treasury, the Ministry of Health, Transport for NSW, Sydney Trains, NSW TrainLink, State Transit, RailCorp, Sydney Ferries, Port Authority of New South Wales, Office of Transport Safety Investigations, the Department of Customer Service, the Department of Education, the Department of Communities and Justice, the Department of Planning, Industry and Environment, or Regional NSW relating to land or property sale or disposal targets:
(a) all documents relating to land or property sales or disposal targets of departments or agencies, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1090. Mr Shoebridge to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 January 2017 in the possession, custody or control of the Minister for Energy and Environment, Minister for Planning and Public Spaces, or Department of Planning, Industry and Environment, relating to the planning and development of the transmission and connection lines for Snowy 2.0:
(a) all documents which disclose the statutory or planning constraints upon the transmission connections from the Snowy 2.0 power station through Kosciuszko National Park, including but not limited to the 2006 Kosciuszko National Park Plan of Management,
(b) all documents relating to any proposed amendments to the Kosciuszko National Park Plan of Management,
(c) all documents relating to the consideration of leases and licences related to the transmission and connection lines for Snowy 2.0 subject to Part 6 of the Snowy Hydro Corporatisation Act 1997,
(d) all documents which disclose the construction options considered for the transmission connection to the Snowy 2.0 power station, including potential routes, voltage, overhead and underground options,
(e) all documents relating to the costs and benefits of overhead and underground transmission options, and 6609 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(f) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1093. Mr Pearson to move—
(1) That this House calls for solidarity with the tens of thousands of people who attended more than forty Women’s March 4 Justice rallies around Australia on 15 March 2021.
(2) That this House acknowledges:
(a) the righteous anger of Australian women who are sickened and angry at the ongoing disrespect and abuse of women, and
(b) recent events in Federal Parliament that highlighted how much more work is needed to: (i) make our legal and political institutions gender equal and safe for women, (ii) ensure women can participate in all aspects of civic life without fear of sexual harassment and assault.
(3) That this House congratulates Commissioner Mick Fuller for:
(a) speaking publicly about how our legal system fails women victims of sexual violence, and
(b) recognising the urgent need to review enforcement outcomes: (i) given that an estimated ninety per cent of sexual assault victims remain silent, (ii) because they do not have confidence in the ability of our criminal justice system to deliver justice to women.
(4) That this House notes the quote by Michael Bradley of Marque Lawyers published in Crikey on 10 March 2021 which stated: “the best research indicates that if a man commits a rape there is a 0.71% chance that he will be reported, arrested, prosecuted and convicted”.
(5) That this House calls for the Government to:
(a) reform the consent laws in regards to sexual assault in order to reflect the changes in community attitudes towards victims of sexual crimes, and
(b) enforce a women's right to participate in all aspects of society safe from sexual predation.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1094. Young Women's Leadership Seminar: resumption of the interrupted debate (5 May 2021) of the question on the motion of Ms Cusack:
(1) That this House notes that:
(a) Monday 8 March 2021 was International Women’s Day,
(b) the Parliament of NSW hosted the Young Women's Leadership Seminar which included a keynote address by Professor Rae Cooper from the University of Sydney and a Members of Parliament Panel Discussion with Ms Abigail Boyd, MLC, the Hon. Rose Jackson, MLC and the Hon Catherine Cusack, MLC,
(c) the event was attended by approximately 45 students from 20 different schools in person and a further 600 students registered online, and 6610 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) the event was held in the Legislative Council chamber and utilised the available technology so the proceedings could be broadcast for those students who were unable to attend in person, particularly students from regional New South Wales.
(2) That this House thanks and congratulates:
(a) all the students who attended the Young Women's Leadership Seminar in person and online,
(b) the teachers and schools for facilitating student attendance, and
(c) the Parliament of NSW People & Engagement Branch, and in particular Rita Bila, for organising a seamless, engaging and inspiring event for our future female leaders.—Ms Moriarty speaking. (2 minutes remaining)
Debate: 24 minutes remaining.
1096. Ms Faehrmann to move—
(1) That this House notes that on 2 March 2021 the United Nations Secretary-General Antonio Guterres called on:
(a) all Organisation for Economic Co-operation and Development nations to cancel all coal projects and commit to phasing out coal by 2030 in order to achieve the targets of the Paris Agreement,
(b) private and central banks and governments to end the financing of coal plants, and
(c) governments and private companies to develop just transition plans to ensure workers and their families are protected.
(2) That this House calls on the government to urgently consider and respond to the calls of the Secretary-General to rapidly cut our addiction to coal and plan for the sooner than expected closure of coal-fired power stations.
(Notice given 16 March 2021—expires Notice Paper No. 96)
1097. Ms Faehrmann to move—
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 19 November 2020 in the possession, custody or control of the Minister for Energy and Environment, Minister for Planning and Public Spaces, Minister for Agriculture and Western New South Wales, Deputy Premier, Minister for Regional New South Wales, Industry and Trade, Department of Primary Industries, Department of Regional NSW and the Department of Planning, Industry and Environment relating to koala state environmental planning policies:
(a) all documents, correspondence and advice relating to the State Environmental Planning Policy (Koala Habitat Protection) 2020 (Koala SEPP 2020), the Koala SEPP 2021 and its guidelines, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
6611 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1101. Mr Farraway to move—
(1) That this House acknowledges that:
(a) On the 4th of March winners of the 2020 Australian Street Art Awards were announced across 8 categories.
(b) Condobolin's Utes in the Paddock was awarded.Best Sculpture Park or Trail at the 2020 Australian Street Art Awards.
(c) Utes in the Paddock began as an idea from Burrawang West locals Jana and Graham Pickles 8 years ago and has made Condobolin a destinantion in the Central West ofNew South Wales.
(2) That this House congratulates Lachlan Shire Council, Jana and Graham Pickles, the local community and all the artists involved with this unique piece of art in the heart of New South Wales on their contribution to tourism in Condobolin and across the region
(Notice given 16 March 2021—expires Notice Paper No. 96)
1105. Mr Field to move—
(1) That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Planning and Public Spaces or the Natural Resources Commission relating to the terms of reference for the Natural Resource Commissions advice on forestry operations in public forests under the coastal Integrated Forestry Operations Approval (IFOA):
(a) the terms of reference for the Natural Resource Commissions advice on forestry operations in public forests under the coastal Integrated Forestry Operations Approval (IFOA) after the 2019-20 bushfires, as requested by the Minister for Planning and Public Spaces and as referred to on the website, www.nrc.nsw.gov.au/ifoa, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(2) That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 January 2020 in the possession, custody or control of the Department of Planning, Industry and Environment relating to the sustainable yield review of wood supply from public forests:
(a) all documents relating to the sustainable yield review of wood supply from public forests conducted in 2020, as referred to by the Director-General of the Department for Primary Industries, Mr Scott Hansen, in Budget Estimates hearings of Portfolio Committee No. 4 on Friday 26 February 2021,
(b) the independent assessment of the sustainable yield review of wood supply from public forests conducted by Australian National University Associate Professor Christopher Brack and referred to by the Director-General of the Department for Primary Industries, Mr Scott Hansen in Budget Estimates hearings of Portfolio Committee No. 4 on Friday 26 February, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 16 March 2021—expires Notice Paper No. 96)
6612 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1106. Mr Shoebridge to move—
(1) That this House notes that:
(a) There have been two deaths of First Nations people in NSW prisons in just the last two weeks and Corrective Services NSW has failed to proactively inform the community of these deaths.
(b) In the NSW Budget Estimates hearing into Counter Terrorism and Corrections, Commissioner Severin advised that deaths in custody are not currently notified to the public because of concerns that will cause “angst”.
(c) Failing to notify the public of deaths in custody fails to provide accountability and transparency for what happens in prisons.
(d) Change in prisons that make inmates safer continues to be driven by the broader community and civil society.
(2) That this House gives its condolences to the families of all those who have died in custody in NSW and commits to doing all in its power to stop deaths in custody.
(3) That this House calls on the NSW Government to ensure the timely public notification by Corrective Services of all deaths in custody following notification having been provided to the family of the person who has died, the ALS, and the NSW Coroner.
(Notice given 17 March 2021—expires Notice Paper No. 97)
1107. Mr Latham to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution the following documents created since 1 March 2011 in the possession, custody or control of the Premier or the Department of Premier and Cabinet relating to ministerial disclosures concerning private benefits for Mr Daryl Maguire:
(a) all documents relating to disclosures made by the Premier and other ministers in accordance with the Ministerial Register of Interests and Section 16 of the Ministerial Code of Conduct, “Disclosure of private benefits to other members of the Government”, concerning Mr Daryl Maguire,
(b) all disclosures or declarations made by the Premier and other ministers relating to a decision that could confer a private benefit on Mr Daryl Maguire,
(c) all documents relating to the obligations of the Premier and other ministers to make disclosures, including documents which detail the procedure for disclosures by the Premier and other ministers,
(d) all documents relating to the order of the House of Wednesday 11 November 2020 for the production of documents regarding ministerial disclosures of private benefits for Mr Daryl Maguire, and
(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 17 March 2021—expires Notice Paper No. 97)
6613 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1108. Mr Mallard to move—
(1) That this House notes that:
(a) On 12 March 2021, former Federal Finance Minister, the Hon Mathias Cormann was elected Secretary-General of the Organisation for Economic Co-operation and Development (OECD),
(b) Mr Cormann’s appointment follows seven years and forty two days as Australia’s longest serving Finance Minister and thirteen years as a senator for Western Australia,
(c) Mr Cormann migrated to Australia from Belgium in 1996 and following his successful political career and now election to the OECD is an exemplar for Australia’s migrant and multicultural society,
(d) based in Paris, the OECD is an international organisation in which governments work together to find solutions to common challenges, develop global standards, share experiences and identify best practices to promote better policies for better lives,
(e) the OECD brings together member countries and partners that collaborate closely on key global issues at national, regional and local level,
(f) the OECD’s 37 members are: Austria, Australia, Belgium, Canada, Chile, Colombia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea, Latvia, Lithuania, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States,
(g) the OECD works to boost economic growth and world trade, and its thirty-seven member nations account for sixty per cent of global economic output,
(h) Mr Cormann is the first person from the Asia Pacific region to lead the organisation and will commence his five year term on 1 June 2021, and
(i) Mr Cormann’s priorities will include:
(i) driving global leadership to achieve net zero emissions by 2050,
(ii) finalising a multilateral approach to digital taxation,
(iii) helping maximise the strength of economic recovery, and
(iv) strengthening the OECD’s outreach into the Asia-Pacific.
(2) That this House congratulates the Hon Mathias Cormann and acknowledges that this appointment is a positive development for the Australian economy and the Asia Pacific region.
(Notice given 18 March 2021—expires Notice Paper No. 98)
1109. Mr Shoebridge to move—
(1) That this House notes that:
(a) The sealing of Point Plomer Road at Crescent Head has caused great concern within the local community.
(b) Ongoing protests have cited their concern over this development, which will cost over $3.6 million. 6614 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) the Dhungatti people fear that the development of the road will lead to significantly increased development, ultimately destroying the heritage of the area and its significance.
(d) at least 13 of 20 landowners along the existing road have expressed their opposition to the development.
(e) the sealing of the road has been actioned by the Kempsey Shire Council for the ‘safety’ of the area, despite a majority of motor vehicle accidents currently only occurring along sealed portions of the existing road.
(f) the Council has not sought appropriate community consultation.
(2) That this House calls on the Minister for Regional Roads and Transport to:
(a) meet with the community group No Tar for Point Plomer Road to discuss concerns and alternatives, such as a reduction in the speed limit, and
(b) request that Kempsey Shire Council engage in mediation efforts with No Tar for Plomer Point Road.
(Notice given 18 March 2021—expires Notice Paper No. 98)
1111. Mr Searle to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control of the Minister for Planning and Public Spaces, Department of Planning, Industry and Environment, the Premier, Department of Premier and Cabinet, the Treasurer, Treasury, the Minister for Finance and Small Business, Department of Finance, Services and Innovation, UrbanGrowth NSW Development Corporation, Greater Sydney Commission, or Landcom relating to North Wilton:
(a) all documents created since 1 January 2015 relating to the analysis and designation of Wilton as a Priority Growth Area, including any reference to North Wilton,
(b) all Urbangrowth or Landcom board papers created since 1 January 2015 relating to North Wilton,
(c) all documents, including correspondence or declarations of interest (including any conflicts of interest or perceived conflicts of interest) to or from Mr John Brogden, relating to North Wilton or Mr Peter Brennan, CEO of Bradcorp, created since 1 January 2015,
(d) all documents created since 1 January 2017 relating to the acquisition of North Wilton,
(e) all correspondence and communications, including to and from mobile phone devices using SMS or any messaging application since 1 July 2018 between the Mr John Brogden and Mr Peter Brennan, and
(f) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
6615 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1112. Mr Searle to move—
That, under standing order 52, there be laid upon the table of the House within 7 days of the date of passing of this resolution the following documents created since 1 January 2020 in the possession, custody or control of the Department of Planning, Industry and Environment, Transport for NSW, or the Minister for Education and Early Childhood Learning relating to senior executive roles at the Land and Housing Corporation, Infrastructure and Place division of Transport for NSW and School Infrastructure NSW:
(a) all documents relating to the role descriptions and evaluations, including work value points and recommended salary ranges for all senior executive roles in the Land and Housing Corporation,
(b) all documents relating to the total remuneration of each senior executive in the Land and Housing Corporation by role (names may be omitted),
(c) all documents relating to the role descriptions and evaluations, including work value points and recommended salary ranges for all senior executive roles in the Infrastructure and Place division within Transport for NSW,
(d) all documents relating to the total remuneration of each senior executive in the Infrastructure and Place division within Transport for NSW (names may be omitted),
(e) all documents relating to the role descriptions and evaluations, including work value points and recommended salary ranges for all senior executive roles in School Infrastructure NSW,
(f) all documents relating to the total remuneration of each senior executive in School Infrastructure NSW (names may be omitted), and
(g) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1114. Mr Latham to move—
That this House condemns the Berejiklian Government for its under-funding of ICAC such that the Commission has been unable to fully investigate the possible corrupt conduct of the NSW Office of Sport and others in the awarding of its million dollar grant to Barrie Smith Motor Sport in November 2017 for the upgrade of facilities at the Sydney International Equestrian Centre, even though ICAC in its letter to the Office of Sport dated 1 December 2020 identified:
(a) “perceptions of corrupt conduct”,
(b) “a number of corruption risks”,
(c) an absence of advice verification concerning the role of Equestrian NSW and its CEO Bruce Farrar,
(d) the inability of the Office of Sport to explain Mr Farrar’s significant involvement in the tender process,
(e) “Mr Farrar’s and ENSW’s potential and/or perceived conflicts of interest”,
(f) “a tenderer with links to ENSW (Barrie Smith Motor Sport) being given advance notice of the tender and scope”,
(g) “the Office of Sport being unable to confirm whether or not its former CEO Matt Miller declared his appointment on the selection committee for the ENSW Board”, and 6616 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(h) in Mr Farrar’s role in the surface test for the work, this “involvement is likely to be another contributing factor to the perception that ENSW was partial to Barrie Smith Motor Sport”.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1115. Mr Latham to move—
(1) That this House notes:
(a) the comments of GP Dr Thomas Lyons that: (i) “If the push to eliminate gender from society continues we are likely to see a wave of suicidal adolescents who are too anxious to admit they are heterosexual and happy in the bodies they were born into,” (ii) the drive to outlaw gendered language became a problem for him [Dr Lyons] after an experience where he had six children visit his surgery, (iii) when he was testing their sight with a chart showing drawings of animals and people, four of the children refused to say the words "boy" or "girl" and all six were stressed and panicky, (iv) “These children, without the knowledge or permission of the principal and parents, had been taught by teachers that the words 'boy' and 'girl' had some kind of bad magic and to utter them would somehow harm people. The children knew what they could see and hear but could not reconcile themselves with the notion that it was wrong to see boys and girls as different. Watching a six-year-old have a panic attack over the use of gender identifying language is disturbing”,
(b) our fundamental biology and relationships are represented through the following descriptors – mother, father, son, daughter, brother, sister, boy, girl, grandmother, grandfather, aunt, uncle, female, male, man, woman, lady, gentleman, Mr, Mrs, Ms, dad, mum, husband, wife, and
(c) broad scale genuine inclusion cannot be achieved through distortions of biological and relationship descriptors, that dehumanise the human race and undermine gender.
(2) That this House calls on the Government to:
(a) reject the use of distorted language such as gestational/non-gestational parent, chest-feeding, lactating parent, birthing/non-birthing parent, and
(b) ensure all New South Wales government and New South Wales government funded agencies do not include these terms in their material, including legislation, websites, employee documentation and training materials.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1124. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 January 2021 in the possession, custody or control of the TAFE Commission or the Minister for Skills and Tertiary Education relating to utilisation rates:
(a) a list of utilisation rates of all TAFE NSW campuses,
(b) a list of utilisation rates of all TAFE NSW Connected Learning Centres,
(c) all reports, briefings, and memorandum relating to the utilisation rates of all TAFE NSW campuses, 6617 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) all reports, briefings, and memorandum relating to the utilisation rates of all TAFE NSW Connected Learning Centres; and
(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1125. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 14 days of the date of the passing of this resolution the following documents in the possession, custody or control of the Minister for Education and Early Childhood Learning or the Department of Education:
(a) the Department of Education document, entitled, "Education - Key Facts" produced for: (i) August 2020, (ii) September 2020, (iii) October 2020, (iv) November 2020, (v) December 2020, (vi) January 2021, (vii) February 2021, (viii) March 2021, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1127. Mr Secord to move—
That this House:
(a) expresses support for those affected by the devastating floods, and
(b) thanks the thousands of professionals and volunteers supporting them.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1128. Mr Banasiak to move—
(1) That this House note that:
(a) in its report entitled 'Animal cruelty laws in New South Wales', dated June 2020, the Select Committee on Animal Cruelty Laws in New South Wales recommended: 'That the Legislative Council Portfolio Committee responsible for Primary Industries (or other Portfolio Committee that has primary responsibility for animal welfare) be required to conduct a one day public hearing each year involving the approved charitable organisations, with the hearing to be conducted after the lodgement of the approved charitable organisations' annual reports in NSW Parliament. One of the core requirements of the hearing will be to examine the approved charitable organisations' compliance and enforcement responsibilities under the Prevention of Cruelty to Animals Act 1979. Further, that approved charitable organisations be invited to attend the relevant Portfolio Committee in conjunction with representatives from the Department of Primary Industries.', and
(b) the government response to this recommendation, dated 4 December 2020, was 'Not supported'. 6618 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That the resolution of the House of 8 May 2019 establishing the Portfolio Committees be amended by inserting after paragraph 6:
Referral of annual inquiry to Portfolio Committee No. 4 – Industry
7. That Portfolio Committee No. 4 – Industry annually inquire into and report on the operation of the charitable organisations approved under s 34B of the Prevention of Cruelty to Animals Act 1979, and in particular:
(a) the matters contained in the annual reports of the approved charitable organisations, including their financial statements,
(b) the exercise by the approved charitable organisations of their compliance and enforcement functions under the Prevention of Cruelty to Animals Act 1979, and
(c) any other related matter.
8. That the committee commence its annual inquiry following the publication of the annual reports of the approved charitable organisations and report by the end of each calendar year.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1130. Mr Primrose to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, in searchable electronic format if possible, created since 1 January 2020 in the possession, custody or control of the Premier, Treasurer, Minister for Finance and Small Business, Treasury or the Department of Premier and Cabinet relating to jobs created by the COVID-19 Recovery Plan:
(a) all documents, whether in paper or electronic form, relating to the modelling, assumptions or outcomes which informed the Government’s claim that 88,000 direct jobs over 4 years, and 145,000 direct or indirect jobs per year over an unspecified timeframe will be generated by the infrastructure pipeline,
(b) all documents, whether in paper or electronic form, detailing the specific projects or programs and the specific job numbers (direct and indirect) for the specified timeframe of each project or program, that comprise the $100 billion Infrastructure Pipeline,
(c) all documents, whether in paper or electronic form, detailing meetings, minutes and outcomes that refer to the $100 billion Infrastructure Pipeline and the direct or indirect jobs purportedly created or supported by this pipeline,
(d) all documents, whether in paper or electronic form, including tenders and contracts, internal and external, for work that provided advice, specifications, briefings, or other for the 88,000 direct jobs over 4 years, and the 145,000 direct and indirect jobs per year over an unspecified timeframe claim, and
(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
6619 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1131. Mr Primrose to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created between 1 January 2019 and 30 September 2020 in the possession, custody or control of the Treasurer, the Minister for Jobs, Investment, Tourism and Western Sydney, Treasury or the Department of Premier and Cabinet relating to the Government’s NSW Treasury Employment Calculator:
(a) all documents detailing meetings, consultations, minutes, outcomes, and briefings between the listed Ministers, their Ministerial staff or staff from the named Departments and the Common Planning Assumptions Group (CPAG) or the Centre for Evidence and Evaluation (CEE) relating to the development and implementation of the NSW Treasury Employment Calculator, including its creation, development limitations, outcomes and use, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1132. Mr Primrose to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, in searchable electronic format if possible, created since 1 January 2020 in the possession, custody or control of the Premier, Treasurer, the Minister for Finance and Small Business, the Treasury or the Department of Premier and Cabinet relating to jobs created by the $3 billion Jobs and Infrastructure Acceleration Fund:
(a) all documents, whether in paper or electronic form, relating to the modelling, assumptions, and outcomes which informed the Government’s claim that 20,000 jobs will be created or supported by the Jobs and Infrastructure Acceleration Fund,
(b) all documents, whether in paper or electronic form, detailing the specific projects and programs and the specific job numbers for each project and program that comprise the $3 billion Jobs and Infrastructure Acceleration Fund,
(c) all documents, whether in paper or electronic form, detailing meetings, minutes or outcomes that refer to the $3 billion Jobs and Infrastructure Acceleration Fund and the jobs supported or created by the Fund,
(d) all documents, whether in paper or electronic form, identifying tenders and contracts, internal and external, for work that provided advice, specifications, briefings, or other for the 20,000 jobs claim, and
(e) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1133. Ms Faehrmann to move—
That, under standing order 52, there be laid upon the table of the House within five days of the date of passing of this resolution the following documents created since 1 January 2015 in the possession, custody or control of the Department of Planning, Industry and Environment, Transport for NSW or the Minister for Transport relating to offset requirements for projects associated with the Western Sydney Infrastructure Plan: 6620 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(a) the initial assessment of the likely offset requirements for projects associated with the Western Sydney Infrastructure Plan, produced by Eco Logical Australia for Roads and Maritime Services, and
(b) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1134. Mr Buttigieg to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, in electronic format if possible, excluding any documents previously returned under an order of the House, in the possession, custody or control of the Department of Planning, Industry and Environment or the Minister for Local Government relating to Councillor Antoine Doueihi, Mayor of Strathfield:
(a) all correspondence, briefing notes, or meeting notes relating to investigations into Councillor Antoine Doueihi, Mayor of Strathfield,
(b) all correspondence, briefing notes, or meeting notes relating to any allegations that Councillor Antoine Doueihi, Mayor of Strathfield breached the code of conduct,
(c) all correspondence, briefing notes, or meeting notes relating to any allegations that Councillor Antoine Doueihi, Mayor of Strathfield engaged in misconduct, and
(d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1135. Mr Shoebridge to move—
(1) That this House notes that:
(a) the Snowy Valleys Council was formed by this Government's 2016 forced amalgamation policy that merged the former Tumbarumba and Tumut Shire Councils,
(b) at the time of the merger, some 93 per cent of the Tumbarumba community did not want it to occur, and the community has continued to pursue the re-instatement of their Council,
(c) the case for maintaining the independence of the former Tumbarumba Shire was well made prior to forced amalgamation: (i) it exceeded all the benchmarks established during the council reform process, including by IPART and Office of Local Government, (ii) it was rated, after the City of Sydney, as the second most “Fit for the Future” council in New South Wales,
(d) following the forced merger, none of the benefits that were used by the Government to justify the amalgamation have occurred,
(e) diseconomies of scale have caused the new council to accumulate $22 million in losses to date, and it is projecting a further $36 million in losses in the ten years to 2031, according to its latest draft Long Term Financial Plan (LTFP), 6621 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(f) to address the financial losses the forcibly amalgamated council is now considering a permanent special rate variation (SRV) of 25.44 per cent over and above the IPART rate peg, and
(g) irrespective of any variation, the council proposes to reduce or eliminate services and capital projects, increase fees and charges and sell community assets.
(2) The Proposal to form a new Tumbarumba Council is currently in the hands of the Honourable Shelley Hancock, MP, Minister for Local Government, with the Tumbarumba community having submitted to the Boundaries Commission a credible and conservative Long Term Financial Plan that shows a new council returning to surplus with 3 to 4 years.
(3) That this House calls on the Government and the Honourable Shelley Hancock, MP, Minister for Local Government, to commit to:
(a) working expeditiously and constructively with the communities of the Snowy Valleys Local Government Area to end the uncertainty surrounding its financial viability,
(b) demerging the existing Snowy Valleys Council and restoring the Tumbarumba Shire Council and the Tumut Shire Council in their own rights, and
(c) providing full funding for the costs of the demerger and ensure residents do not pay the costs of the government 's failed amalgamation policy.
(Notice given 23 March 2021—expires Notice Paper No. 99)
1139. Mr Borsak to move—
That leave be given to bring in a bill for an Act to amend miscellaneous legislation to provide for casual mine workers to received the same workers compensation entitlements as full-time mine workers; to make it a condition of development consent for new and expanded mines at least 75% of the mine's production and engineering workers are directly employed by the mine's owner or operator; to prohibit the same entity providing both health services and insurance services to coal miners; and for related purposes.
(Coal Mining Legislation Amendment (Miners Health and Entitlements) Bill)
(Notice given 24 March 2021—expires Notice Paper No. 100)
1140. Mr Borsak to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 January 2015 in the possession, custody or control of the Department of Communities and Justice, NSW Police Force, the Commissioner of Police or the Minister for Police and Emergency Services relating to firearm inspections and licensing:
(a) all documents, including directives, instructions or orders, to Police Area Commands, Police Districts or the Firearms Registry relating to firearm safe storage inspections,
(b) all documents, including directives, instructions or orders, to the Firearms Registry or NSW Police Force regarding limiting or limits on the number of firearms owned by firearm licence holders,
(c) all documents relating to the Firearms Registry policy of treating revoked, expired or dismissed apprehended violence orders (AVOs) as active apprehended violence orders, and
(d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100) 6622 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1141. Mr Borsak to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents in the possession, custody or control Department of Planning, Industry and Environment, the Minister for Agriculture and Western New South Wales or the Minister for Energy and Environment relating to an aerial shooting trial on wild pigs conducted in the Gwydir Wetlands State Conservation Area in May 2020:
(a) unedited original video footage of all shooting operations,
(b) pilot flight records of each shooting operation,
(c) the following records regarding the animals shot: (i) gender, (ii) number of lactating females, (iii) number of dependent young,
(d) all documents regarding the approval of the research project by the Animal Ethics Committee Murdoch University (O3103/19),
(e) all correspondence and comments prepared by the Department of Primary Industries and the NSW National Parks Animal Ethics Committee regarding the research project by the Animal Ethics Committee Murdoch University (O3103/19),
(f) any formal assessments of the suitability of the ammunition and projectiles used in the aerial shooting trial, including: (i) Speer®130grain, lead-based non-bonded core, hollow-point projectiles, and (ii) Lehigh Defense Control Chaos® 115 grain lead-free copper-based hollow-point projectiles,
(g) results of the ballistics tests conducted on both projectiles at the public shooting range near Nowra in October 2018,
(h) speed of incapacitation scores for all pigs shot,
(i) all, full-field, uncropped lateral radiographs of each pig shot, and
(j) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1147. Mrs Ward to move—
(1) That this House notes that:
(a) from 11 October 2020 to 17 October 2020 was National Nutrition Week,
(b) Nutrition Australia NSW hosted a number of virtual events throughout the week with the theme of “My Plate, My Planet”,
(c) “My Plate, My Planet” inspires each of us to fill our plates with sustainably grown vegetables and nutritious foods, through economical shopping and cooking, to improve the health of ourselves and our environment,
(d) Nutrition Australia NSW is a non-government, non-profit, community based organisation that promotes optimal health by encouraging food variety and physical activity, an understanding of good nutrition and facilitates nutrition education programs for early learning centres, schools, workplaces and aged care facilities, and 6623 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(e) Nutrition Australia NSW also promotes the awareness of where our food originates from, how it is transformed into what we know as “food” and how it reaches our dinner plates.
(2) That this House encourages all citizens to maintain a healthy and sustainable lifestyle.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1148. Mr Latham to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents created since 1 March 2011 in the possession, custody or control of the Minister for Planning and Public Spaces, the Minister for Jobs, Investment, Tourism and Western Sydney, the Minister for Health and Medical Research, the Minister for Education and Early Childhood Learning, Minister for Transport and Roads, the Minister for Local Government, the Minister for Water, Property and Housing, the Department of Planning, Industry and Environment, Transport for NSW, Sydney Trains, Sydney Metro. Department of Communities and Justice, Department of Education, or the Ministry of Health relating to the Sydney Science Park proposal:
(a) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the Government’s decision to approve a development application to rezone Celestino land on Luddenham Road, Luddenham land in the Sydney Science Park Planning Proposal submitted in support of an amendment to the Penrith Local Environmental Plan,
(b) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to developer contributions for the Sydney Science Park proposal,
(c) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the proposed and approved rail routes and corridors in the Sydney Science Park proposal area and surrounding areas,
(d) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the proposed and approved metro station locations in the Sydney Science Park proposal area,
(e) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the Premier’s announcement on 15 March 2017 regarding the first school in New South Wales fully devoted to science, technology, engineering and mathematics education planned to open in 2021 at the proposed Sydney Science Park,
(f) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the former Minister for Education, the Hon. Rob Stokes', MP, announcement on 27 July 2017 regarding a partnership agreement signed between Celestino, the developer of the proposed Sydney Science Park, and Westmead precinct’s seven health, education and research organisations, including proposed public or private hospital developments in the Sydney Science Park precinct,
(g) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the announcement by Celestino on 28 March 2019 to create an ‘Autonomous Vehicle Hub’ in the proposed Sydney Science Park,
(h) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the announcement by the Minister for Water, Property and Housing on 17 December 2020 that Sydney 6624 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
Water will accelerate plans to provide stages water, waste water and recycled water services to support the proposed Sydney Science Park development timeframes,
(i) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to Developer Contribution exemptions, and consideration of any Special (State) Infrastructure Contribution plans for the proposed Sydney Science Park,
(j) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the decision to fast track the Northern Gateway precinct, ahead of other precincts such as Dwyer Road, Kemps Creek, North Luddenham and Rossmore,
(k) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to consideration of a new public hospital in the Western Sydney Aerotropolis precinct, including in the Sydney Science Park proposal area,
(l) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to the exemption granted to the proposed Sydney Science Park from the Aerotropolis Development Control Plan, Phase 1 in 2020,
(m) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to consideration of requests from Celestino’s proposed Sydney Science Park for variations to its approved building height limits, residential housing capacity and floor space restrictions,
(n) all documents, including correspondence, electronic communication transacting government business, briefing notes, applications, approvals, feasibility studies, and negotiations, relating to consideration of Celestino’s unsolicited proposal for a land swap deal involving the Luddenham metro station site, and
(o) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1149. Mr Latham to move—
(1) That this House notes that:
(a) at the Budget Estimates hearing of the Portfolio Committee No. 3 - Education on 3 March 2021, Mr Shoebridge alleged that Vishva Hindu Parishad was a “right-wing Hindu organisation that is considered a military extremist religious organisation by the CIA” and was running Special Religious Education (SRE) in NSW public schools,
(b) later that day the Secretary of the NSW Department of Education informed the committee: “regarding the Vishva Hindu Parishad organisation, the NSW Department of Education has close connections with the NSW Police Force. We have police officers who work with us. We are informed by them that the organisation that you have spoken of today is not identified as a terrorist organisation or a terrorist organisation in New South Wales. They are not known as an organisation of concern in New South Wales. Where NSW Police are aware of any concerns regarding any group or organisation known to be in our schools, they advise us immediately. On the specifics of the two schools you raised today, I am informed that in Toongabbie Public School there is usually a teacher with a Hindi background in the rooms while each stage of the group SRE is conducted … The groups are held at different times so that the teacher can attend. At William Dean, there is also a teacher present at all times when that SRE takes place”, and 6625 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(c) the NSW Minister for Multiculturalism, Hon Geoff Lee MP, has written to Mr Shoebridge advising him he has caused great upset among members of the Hindu community and that, “my agency, Multicultural NSW, has enquired with NSW Police Force and the Department of Education and I am advised that VHP is not a known terrorism group within NSW”.
(2) Further, that this House:
(a) supports Minister Lee in his written request to Mr Shoebridge as follows: “At a time when promoting community harmony is critical, your comments have unfortunately created divisiveness and distress. Whilst I am hopeful this was not your intention, I encourage you to consider the impact your comments have made …. and apologise for any offence they may have caused”, and
(b) calls on Mr Shoebridge to withdraw his comments and apologise to the Hindu community, especially at this time of great concern and heartbreak caused by the COVID pandemic in India.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1152. Ms Hurst to move—
(1) That this House notes that:
(a) on 14 April 2021, the New Zealand Government announced that all live exports from New Zealand by sea will be banned by 2023,
(b) in Australia, approximately three million animals are exported alive each year,
(c) animals sent for live export are crammed onto ships for weeks, where they face severe overcrowding, extreme temperatures and inadequate ventilation and sanitation, causing illness and death for many animals during this traumatic voyage, and
(d) with 75 per cent of Australians opposed to live export, it is time for the Government to follow New Zealand’s lead and ban this cruel and unjustifiable practice.
(2) That this House congratulates the New Zealand Government for banning live exports, and calls on the Australian Government to do the same.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1153. Ms Hurst to move—
(1) That this House notes that:
(a) on 23 February 2021, Blue Mountains City Council banned the use of 1080 poison within its Council operations,
(b) despite being banned in most countries due to its cruelty and danger to humans, 1080 poison is still used in NSW,
(c) animals that ingest 1080 poison suffer slow, agonising deaths that can last up to 48 hours and involve prolonged vomiting, screaming fits, and seizures before the animal eventually dies, and
(d) this is the latest progressive animal policy adopted by Blue Mountains City Council who, in the past 12 months, have banned the sale of fur, reaffirmed their long-standing ban on the 6626 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
use of exotic animals in circuses, and recognised the sentience and intrinsic value of all animals.
(2) That this House:
(a) congratulates Blue Mountains City Council on receiving the Animal Justice Party ‘Animal Champion Award’ for being the most animal-friendly council in NSW, and
(b) calls on the NSW Government to end all usage of 1080 poison.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1155. Mr Mallard to move—
(1) That this House notes that:
(a) on 23 November 2019, the people of the semi-autonomous region of Bougainville in Papua New Guinea peacefully participated in an Independence Referendum to help guide the future of the region,
(b) the Referendum was a non-binding vote for the people of Bougainville and is a key outcome of the 2001 Bougainville Peace Agreement, following a decade of tragic civil war that severely damaged the Bougainville civil society and economy and resulted in an estimated 20,000 people killed and many more thousands displaced,
(c) the Referendum was conducted by the specially-established Bougainville Referendum Commission (BRC) and was enthusiastically embraced by the people of Bougainville with 207,000 citizens enrolled specifically for the two weeks of referendum from a population of 300,000,
(d) the Referendum period was observed by an international observer mission from nations including Japan, United Kingdom and the European Union who all reported no irregularities in the preparation and conduct of the referendum,
(e) the Hon. Shayne Mallard MLC and the Hon. Greg Donnelly MLC were selected to participate in the Australian Observer Mission (AOM) based on the unique long-term twinning relationship the NSW Parliament has with the Bougainville Parliament,
(f) the Australian Observer Mission comprised of:
(i) Hon. Jane Prentice – Mission Leader – Former Minister and Member of Australian Parliament, Ms Sharon Clayton MP – Australian Parliament, Mr Ken O’Dowd MP – Australian Parliament, Mr James Batley – Academic-Australian National University, Ms Gai Brodtmann – Former Member of Australian Parliament, Ms Ann Harrap – Former Australian High Commissioner to South Africa, Ms Marie Neilson – Former Australian Electoral Commission Assistant Commissioner, Hon. Harry Jenkins – Former Speaker Australian Parliament, Mr Ewen Jones – Former Member of Australian Parliament, Hon. Greg Donnelly MLC and Hon. Shayne Mallard MLC.
(g) the Australian Observer Mission (AOM) was professionally supported by the Department of Foreign Affairs and Trade (DFAT) team at the Australian High Commission in Port Moresby and Bougainville including:
(i) Mr Bruce Davis – Australian High Commissioner, Ms Caitlin Wilson - Deputy High Commissioner, Mr Alistair McEachern – Counsellor Bougainville, Mr Clayton Harrington – Head of Department of Foreign Affairs and Trade Buka Bougainville, Ms Stephanie Werner – Australian Observer Mission Planning Manager and their support teams in logistics, security and community relations. 6627 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(h) the report of the Australian Observer Mission provided to the Minister for Foreign Affairs stated that the Referendum was ‘free, fair and credible', and
(i) the NSW Parliament’s involvement in the Australian Observer Mission was a direct result of the landmark twinning relationship between the NSW Parliament and the Bougainville Parliament.
(2) That this House notes the outcome of the Referendum with nearly 98 percent of participants voting for independence and congratulates the people of Bougainville and their government for the conduct of a successful, peaceful, highly informed and engaged referendum.
(3) That this motion and accompanying speeches by members be formally conveyed to the President and Parliament of Bougainville by the President of the New South Wales Legislative Council.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1157. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, created since 1 January 2017, in the possession, custody or control of the Minister for Education and Early Childhood Learning or the Department of Education relating to the Macquarie Park Education Precinct project:
(a) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to the Macquarie Park Education Precinct project,
(b) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to land use, land acquisition, land sale or exclusivity agreements regarding land in Macquarie Park, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1158. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, created since 1 January 2017, in the possession, custody or control of the Minister for Education and Early Childhood Learning or the Department of Education relating to the Tallawong new primary school:
(a) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to the Tallawong new primary school,
(b) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to land use, land acquisition, land relinquishment or agreement regarding land in the suburbs of Tallawong, Schofields and Rouse Hill, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
6628 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1159. Mrs Houssos to move—
That, under standing order 52, there be laid upon the table of the House within 21 days of the date of passing of this resolution the following documents, created since 1 January 2017, in the possession, custody or control of the Minister for Education and Early Childhood Learning or the Department of Education relating to proposed primary schools in the suburbs of Box Hill and Gables:
(a) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to proposed public schools in the suburbs of Box Hill and Gables,
(b) all reports, briefings, memorandum, emails, email attachments and correspondence specifically relating to land use, land acquisition, land relinquishment or agreement regarding land in Box Hill and the Gables development, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1162. Mr Graham to move—
That leave be given to bring in a bill for an Act to amend the Roads Act 1993 to provide for transparency in and scrutiny of agreements entered into for the operatio of tollways; and to limit increases in tolls na dcharges for future tollways to increases in te consumer price index.
(Roads Amendment (Lower Tolls and Transparent Tolling Agreements) Bill)
(Notice given 24 March 2021)
*1163. Coal and Gas Legislation Amendment (Liverpool Plains Prohibition) Bill 2021: resumption of the adjourned debate of the question on the motion of Ms Faehrmann: That this bill be now read a second time (5 calendar days from 30 May 2019)—Mr Farraway. (20 minutes)
1164. Ms Faehrmann to move— (1) That this house notes that
(a) On 4 March 2020 the Special Commission of lnquiry into "Ice" which was established by Premier Galdys Berejiklian, released its final report containing 109 recommendations;
(b) On 4 May 2021, the commissioner of the ice inquiry Dan Howard SC publicly expressed in the Sydney Morning Herald; (i) his disappointment that the Government has failed to respond to 104 urgent recommendations of the Inquiry after 15 months; (ii) that the Government had not adequately justified its rejection of 5 of the inquiry's recommendations including pill testing and a second supervised injecting centre; (iii) that it is "beyond belief and unacceptable" that the Government had not (iv) responded to a recommendation for more drug services for Aboriginal connnunities; and that it is a disgrace that NSW lacked a formal drug policy over 11 years after the previous policy had expired;
(2) That this house notes that:
(a) On 4 March 2020 the Special Commission oflnquiry into "Ice" which was established by Premier Galdys Berejiklian, released its final report containing 109 recommendations; 6629 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) On 4 May 2021, the commissioner of the ice inquiry Dan Howard SC publicly expressed in the Sydney Morning Herald; (i) his disappointment that the Government has failed to respond to 104 urgent recommendations of the Inquiry after 15 months; (ii) that the Government had not adequately justified its rejection of5 of the inquiry's recommendations including pill testing and a second supervised injecting centre; (iii) that it is "beyond belief and unacceptable" that the Government had not responded to a recommendation for more drug services for Aboriginal connnunities; and that it is a disgrace that NSW lacked a formal drug policy over 11 years after the previous policy had expired;
(c) that the Government's 'tough on drugs' approach has failed, with levels of illicit drug use consistently increasing in NSW,
(d) that drug rehabilitation services are woefully inadequate in NSW, particularly in regional areas, and
(e) That the war on drugs causes more harm than drugs themselves and unfairly targets lower socio-economic and aboriginal populations.
(2) That this House calls on the Governmetn to adopt all 109 recommendations of the SpecialCommission of Inquiry into 'Ice'.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1166. Mr Shoebridge to move—
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 January 2020 in the possession, custody or control of the Department of Planning, Industry and Environment relating to the Cumberland State Forest:
(a) Cumberland State Forest preliminary assessment,
(b) Cumberland State Forest assessment - MD20-101, and
(c) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1167. Mr Shoebridge to move—
(1) That this House notes with concern that:
(a) India is battling a devastating second wave of COVID 19
(b) On 30 April 2021 there were more than 400,000 cases diagnosed in a single day. On 1 May 2021 there were 3,689 deaths officially reported,
(c) Hospitals are running out of medical supplies including oxygen and basic medicines, there aren’t enough hospital beds or ventilators.
(2) That this House notes that:
(a) In Australia we are in the unique situation of having COVID-19 well under control, and we should use this opportunity to help others. 6630 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) instead the response of the Australian Government has been to announce an unprecedented border closure that would prohibit Australian citizens in India from returning home.
(3) That this house recognises that:
(a) the highest cumulative case numbers for COVID are in the USA
(b) the highest numbers of COVID cases per capita for COVID is in smaller European countries like Andorra and Montenegro, for larger countries the USA still has the highest
(c) the highest number of deaths per capita for COVID is currently Hungary
(d) Australian citizens in these countries have not been blocked from returning home.
(4) That this House calls on the Federal Government to:
(a) immediately step away from its discriminatory border closure to India.
(b) provide much needed assistance as the country battles millions of current cases, and
(c) Work closely with the Indian diaspora in Australia to continue to assess ongoing needs, and ensure relief is comprehensive, sustained and delivered with utmost transparency.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1168. Ms Boyd to move—
(1) That this House notes that the following motion was carried by the Central Coast Council on 13 April 2021:
“That the Central Coast Council: 1. Supports the sixteen recommendations made in the report ‘Costs for remediation of sites containing coal ash repositories’, by the Public Works Committee. 2. Writes to the Local Members of Parliament and to the Minister for Energy & Environment to seek their support for the NSW Government to acknowledge the inquiry and commence the implementation of the recommendations. 3. Acknowledges the hard work of Lake Munmorah resident, Mr Gary Blashke OAM, in raising community awareness about this important issue, and for appearing before the Legislative Council Inquiry personally.”
(2) That this House commends the Central Coast Council motion concerning coal ash remediation to the Minister for Energy and Environment, the Honourable Matt Kean MP.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1169. Ms Boyd to move—
(1) That this House notes that the month of May 2021 is Domestic and Family Violence Prevention Month, an annual month to raise awareness of the social and personal impacts of domestic and family violence and the support available to those affected, and to promote a clear message against domestic and family violence in New South Wales.
(2) That this House notes the research published by Australia's National Research Organisation for Women's Safety (ANROWS) titled "Accurately identifying the 'person most in need of protection' in domestic and family violence law", published in November 2020, which reported that:
(a) one in ten victim-survivors choose not to engage with the criminal justice system, 6631 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(b) Aboriginal and Torres Strait Islander women are five times more likely to experience physical violence and three times more likely to experience sexual violence than other Australian women,
(c) up to 90 per cent of incidents of domestic and family violence against Aboriginal women go undisclosed, and
(d) domestic and family violence is currently the leading cause of homelessness, with approximately 20 per cent of Aboriginal Australians who present to homeless services doing so because of family violence.
(3) That this House acknowledges that:
(a) a high level of domestic and family violence is occurring across New South Wales and is increasing at a significant rate,
(b) significant work needs to be done by all levels of government to promote a clear message that this kind of violence will not be tolerated and to support all individuals affected by domestic and family violence,
(c) significant resources are required to bolster specialised frontline services for marginal and vulnerable individuals who are disproportionately affected by domestic and family violence, such as Aboriginal and Torres Strait Islander people, people with disability, members of the LGBTIQA+ community, migrant and refugee individuals, and individuals on temporary visas, and
(d) all individuals affected by domestic and family violence deserve to be protected and supported equally.
(Notice given 24 March 2021—expires Notice Paper No. 100)
1170. Ms Boyd to move—
That leave be given to bring in a bill for an Act to amend the Greyhound Racing Act 2017 to provide for whole-of-life tracking of greyhounds, including greyhounds that are re-homed and no longer owned by a greyhound racing industry participant.
(Greyhound Racing Amendment (Whole-of-life Tracking) Bill)
(Notice given 24 March 2021—expires Notice Paper No. 100)
1171. Mr Buttigieg to move—
That this House recognises and congratulates President John Ajaka on:
(a) his outstanding service as President of the Legislative Council,
(b) the impeccable way in which he has carried himself in the role in always placing the interests and integrity of the Legislative Council first and foremost,
(c) the consistent impartiality and fairness in his decision making, and
(d) being a genuinely decent and caring human being.
(Notice given 24 March 2021—expires Notice Paper No. 100)
6632 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
1173. Ms Sharpe to move—
(1) That this House notes that:
(a) the Justice Advocacy Service (JAS) is run by the Intellectual Disability Rights Service in New South Wales,
(b) the JAS provides support for people with cognitive impairment in contact with the criminal justice system, including as victims, witnesses, suspects and defendants,
(c) Government funding for the JAS currently ceases on 30 June 2021,
(d) it is projected that if funding is not renewed for the JAS, 2,300 people with cognitive impairment will miss out on support while navigating the criminal justice system, and
(e) people with cognitive impairment and intellectual disability are over-represented in the criminal justice system, including as victims of crime.
(2) That this House further notes that:
(a) the Cognitive Impairment Diversion Program (CIDP) was defunded by the New South Wales Government on 30 June 2020,
(b) the CIDP successfully diverted 66 per cent of participants with cognitive impairment from gaol,
(c) the CIDP also assisted participants to access $2.5 million worth of NDIS supports, and
(d) the loss of the JAS in addition to the CIDP would mean people with cognitive disability in New South Wales no longer have any access to targeted support when accessing the criminal justice system.
(3) That this House calls on the Attorney General to:
(a) continue funding the Justice Advocacy Program into the future, and
(b) reinstate the Cognitive Impairment Diversion Program.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1174. Ms Sharpe to move—
(1) That this House notes that:
(a) 8-14 May 2021 is Neighbourhood Centre Week, and
(b) the theme of Neighbourhood Centre Week is "Loneliness: The Solution is Community" in recognition of the one in four Australians who are lonely. (2) That this House further notes that:
(a) neighbourhood centres provide essential community infrastructure in communities across New South Wales,
(b) these centres provide flexible services and supports to fill critical service gaps in their communities,
(c) neighbourhood centres played an essential role supporting communities through great recent adversity, including through droughts, fires, floods, economic crisis and the pandemic, and 6633 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(d) neighbourhood centres are essential to building community resilience and social connection, and combating loneliness.
(3) That this House thanks the many workers and volunteers that work in neighbourhood and community centres throughout New South Wales for the essential role they play in their community.
(4) That this House calls on the Government to increase funding for New South Wales neighbourhood and community centres in the upcoming budget so that these centres can continue developing, supporting and serving the communities that rely on them.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1175. Ms Sharpe to move—
(1) That this House notes that:
(a) Friday 2 April 2021 was World Autism Awareness Day,
(b) in 2007, the UN General Assembly unanimously declared 2 April as World Autism Awareness Day to highlight the need to help improve the quality of life of those with autism, and
(c) in 2021, the UN is drawing attention to the heightened inequalities the COVID-19 pandemic has uncovered for people with autism, particularly when it comes to income and wealth distribution, access to health care, protection under the law, and political inclusion.
(2) That this House commits to:
(a) breaking down the barriers for people with autism in New South Wales to access income, housing, health care, education, legal protections, as well as political and social inclusion to the same level as everyone else in our community, and
(b) listening to people with autism about the changes that they want to see in New South Wales to make it a better and safer place to live.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1176. Mr Banasiak to move—
That, under standing order 52, there be laid upon the table of the House within 28 days of the date of passing of this resolution the following documents in the possession, custody or control of the Ministry of Health, the Mental Health Commission, the Minister for Health and Medical Research, or the Minister for Mental Health, Regional Youth and Women relating to the new Banksia Mental Health Unit at Tamworth Hospital:
(a) the final Clinical Services Plan,
(b) all draft versions of the Clinical Services Plan,
(c) all data and modelling referenced in, or relied upon to draft or inform, the Clinical Services Plan,
(d) all correspondence with all stakeholders relating to the new Banksia Mental Health Unit, including correspondence with members of parliament,
(e) all documents, including official minutes, for all meetings relating to the design, planning, consultation and project management of the new Banksia Mental Health Unit, 6634 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(f) all briefing material provided to the Minister for Health and Medical Research, or the Minister for Mental Health, Regional Youth and Women,
(g) all documents relating to all consultation undertaken, including: (i) all submissions, (ii) all documents relating to the community consultation strategy and its implementation, (iii) all documents relating to the clinician consultation strategy and its implementation,
(h) all documents relating to the regional requirements for mental health care, and
(i) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1177. Mr Mookhey to move—
(1) That this House notes:
(a) the numerous opportunities provided to the Government to comply with the orders of the House for the production of the final business cases for the Parramatta Light Rail Project Stages One and Two, and
(b) the continued non-compliance of the Government to produce the final business cases for the for the Parramatta Light Rail Project Stages One and Two, and
(c) that the Government has claimed that these documents are cabinet documents, and asserts the Legislative Council has no power to order their production.
(2) That this House notes that, according to the resolution of the House of Thursday 18 March 2021:
(a) on Tuesday 23 March 2021 the Leader of the Government attended in his place to explain the reasons for non-compliance with the order of the House of 18 March 2021, and advised that: '… the Government assesses the need for voluntary disclosure of Cabinet information on a case-by-case basis. Within seven days of today, the Government will voluntarily provide to this House, under privilege, copies of the main bodies of the final business cases for both stages one and two of the Parramatta Light Rail', and
(b) on Friday 9 April 2021 the Department of Premier and Cabinet provided the business cases to the Clerk, along with correspondence which stated that the documents are cabinet documents which 'the Government has decided to provide on a voluntary basis' with significant amounts of information redacted, 'the disclosure of which could compromise the financial interests of taxpayers, or relating to subjects which remain a matter for decision by the Government'.
(3) That:
(a) this House reiterates the views expressed in the resolutions of the House of Thursday 6 August 2020 in relation to the Western Harbour Tunnel and Beaches Link business cases, that: (i) the only established mechanism by which the Department of Premier and Cabinet may lodge documents directly with the Clerk, or by which ministers and government agencies may make a claim of privilege, is under standing order 52 in response to an order for the production of documents, (ii) the proposition that documents can be provided in response to an order for papers voluntarily is rejected, and
(b) it is the will of the House that the Clerk administer the correspondence and documents provided in accordance with and under the authority of the provisions of standing order 52, 6635 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
including by treating the documents provided 'under privilege' in the same manner as documents subject to a claim of privilege.
(4) That this House:
(a) notes that: (i) on Wednesday 5 August 2020, redacted documents were produced to the House in response to an order for the production of the Western Harbour Tunnel and Beaches Link business cases, (ii) on Thursday 6 August 2020 the House resolved that the production of redacted documents did not comply with an order of the House, censured the Leader of the Government for the Government's failure to comply with an order of the House and further ordered the production of the unredacted business cases, (iii) on Tuesday 25 August 2020 an unredacted copy of the Final Business Case: Western Harbour Tunnel and Beaches Link was produced to the House, and
(b) reiterates its view that the production of redacted documents is not in compliance with an order of the House.
(5) That this House:
(a) reasserts its power to order the production of all documents in the possession, custody or control of the Executive Government with the exception of those documents that reveal the actual deliberations of Cabinet, as articulated by Spigelman CJ in Egan v Chadwick, and
(b) rejects the definition of Cabinet documents used in the Government Information (Public Access) Act 2009, which if followed may lead to a much broader class of documents being withheld from this House.
(6) That this House accordingly censures the Leader of the Government, as the representative of the Government in this House, for the Government's failure to comply with the resolutions of the House of Thursday 21 November 2019, Wednesday 18 November 2020, Wednesday 17 February 2021 and Thursday 18 March 2021.
(7) That this House calls upon the Leader of the Government to table in the House, or deliver to the Clerk, by 9.30 am on the day following the passing of this resolution, the final business cases relating to the Parramatta Light Rail Project, Stage One and Stage Two, without redactions, as ordered by this House on Wednesday 17 February 2021.
(8) That:
(a) should the Leader of the Government fail to table the documents ordered in this resolution, this House orders the Leader of the Government to attend in his place at the Table at the conclusion of prayers on the sitting day following the passing of this resolution to explain his reasons for continued non-compliance, and
(b) this House notes that, in the event of continued failure to comply with this further order, it is open to the House to immediately adjudge the Leader of the Government guilty of contempt and to suspend the Leader of the Government from the service of this House.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1179. Ms Faehrmann to move—
(1) That this House notes that Joe Biden’s climate summit on 22 and 23 April 2021 saw the United States’ pledge to reduce its emissions by 50-52 per cent by 2030 compared to 2005 levels. 6636 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(2) That this House notes that the Climate Council recently released its report "Aim high, go fast: why emissions need to plummet this decade" which states that:
(a) evidence strongly suggests that to avoid exceeding warming of 1.5 degrees celsius by 2030, significant progress towards reducing emissions must be made this decade,
(b) if temperature increases reach 2 degrees celsius, Australia will lose up to 99 per cent of coral reefs, 16 per cent of plant species and 8 per cent of vertebrate species,
(c) the world achieving net zero by 2050 is at least a decade too late and would see temperatures increase beyond 1.5 degrees celsius, which would significantly increase the risk of triggering abrupt, dangerous and irreversible changes to the climate system, and
(d) Australia must reduce emissions by 75 per cent by 2030 and achieve net zero emissions by 2035 given our vast renewable resources and high vulnerability to increasingly extreme weather.
(3) That this House declares a climate emergency and calls on the Government to lay out a plan for the rapid decarbonisation of our economy and limit global temperature increase to below 1.5 degrees celsius.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1180. Ms Faehrmann to move—
(1) That this House notes that Saturday 8 May 2021 is World Migratory Bird Day.
(2) That this House notes that as a signatory to the Ramsar Convention, Australia and its states have an international obligation to prevent the further loss of wetland habitats and conserve those that remain.
(3) That this House notes that:
(a) the proposed enlargement of the Wyangala Dam by 650 gigalitres will destroy a significant amount of the habitat of migratory species around the Lachlan River Basin,
(b) the mismanagement of the Menindee Lakes water system by the Government has led to the degradation of migratory bird habitats,
(c) the proposed re-regulating weir to be constructed on the Macquarie River will decrease water flow to the Macquarie Marshes which is an important habitat for migratory birds, and
(d) the Government’s mismanagement of water has deprived floodplains and wetlands along the Murray-Darling Basin of adequate water, preventing the recovery and regrowth of migratory bird habitat.
(4) That this House calls on the Government to prioritise the protection of wetlands and honour our international agreements to protect migratory bird species.
(Notice given 5 May 2021—expires Notice Paper No. 101)
1181. Mr Mookhey to move—
That a bill be introduced for an Act to amend the State Insurance and Care Governance Act 2015 in relation to the employment of staff of ICNSW and the appointment of the chief executive of ICNSW; and for related purposes.
6637 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(State Insurance and Care Governance Amendment (Employees) Bill)
(Notice given 6 May 2021)
1182. Ms Faehrmann to move—
(1) That a select committee be established to inquire into and report on the Government’s management of floodplain harvesting, including:
(a) the legality of floodplain harvesting practices that have occurred prior to the issuing of floodplain harvesting licences,
(b) the process undertaken to regulate and licence floodplain harvesting,
(c) the floodplain harvesting regulations published on 30 April 2021,
(d) whether the Government has achieved the objects of the Water Management Act 2000,
(e) the roles and responsibilities of the Department of Planning, Industry and Environment – Healthy Floodplains division, the Office of the Minister for Water and the Natural Resources Access Regulator,
(f) the Department’s determination of floodplain harvesting volumes, baseline diversion limits and sustainable diversion limits in each valley including the types of modelling used,
(g) the Natural Resources Access Regulator’s ability to monitor, investigate and enforce floodplain harvesting activities,
(h) the impact of the Water Management (General) Amendment (Emergency Works Exemption) Regulation 2021 on the regulation, monitoring and enforcement of floodplain harvesting activities,
(i) the role of industry and other stakeholders in decision making, and
(j) any other related matter.
(2) That the committee makes recommendations to the Government as to the way in which floodplain harvesting can be licensed, regulated, metered and monitored so that it is sustainable and meets the objectives of the Water Management Act 2000 and the Murray-Darling Basin Plan.
(3) That, notwithstanding anything to the contrary in the standing orders, the committee consist of nine members comprising:
(a) three government members,
(b) three opposition members, and
(c) three crossbench members, being Ms Cate Faehrmann, Mr Justin Field and the Hon Mark Banasiak.
(4) That the committee elect a Chair and Deputy Chair at its first meeting.
(5) That, notwithstanding anything to the contrary in the standing orders, at any meeting of the committee, any four members of the committee will constitute a quorum.
6638 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
(6) That, unless the committee decides otherwise:
(a) submissions to inquiries are to be published, subject to the Committee Clerk checking for confidentiality and adverse mention and, where those issues arise, bringing them to the attention of the committee for consideration,
(b) the Chair’s proposed witness list is to be circulated to provide members with an opportunity to amend the list, with the witness list agreed to by email, unless a member requests the Chair to convene a meeting to resolve any disagreement,
(c) the sequence of questions to be asked at hearings is to alternate between government, opposition and crossbench members, in order determined by the committee, with equal time allocated to each,
(d) transcripts of evidence taken at public hearings are to be published,
(e) supplementary questions are to be lodged with the Committee Clerk within two days, excluding Saturday and Sunday, following the receipt of the hearing transcript, with witnesses requested to return answers to questions on notice and supplementary questions within 21 calendar days of the date on which questions are forwarded to the witness, and
(f) answers to questions on notice and supplementary questions are to be published, subject to the Committee Clerk checking for confidentiality and adverse mention and, where those issues arise, bringing them to the attention of the committee for consideration.
(Notice given 6 May 2021—expires Notice Paper No. 102)
*Council bill
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BUSINESS FOR FUTURE CONSIDERATION
WEDNESDAY 12 MAY 2021
BUSINESS OF THE HOUSE—NOTICES OF MOTION
1. Ms Faehrmann to move—
That, under section 41 of the Interpretation Act 1987, this House disallows the Water Management (General) Amendment (Emergency Works Exemption) Regulation 2021, published on the NSW Legislation website on 1 March 2021.
(Notice given 4 May 2021 (sitting day 24 March 2021))
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6639 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
THURSDAY 13 MAY 2021
BUSINESS OF THE HOUSE—NOTICES OF MOTION
1. Ms Boyd to move—
That, under section 41 of the Interpretation Act 1987, this House disallows the Retirement Villages Amendment (Exit Entitlement) Regulation 2021, published on the NSW Legislation website on 4 February 2021.
(Notice given 16 March 2021)
2. Ms Boyd to move—
That, under section 41 of the Interpretation Act 1987, this House disallows the Retirement Villages Amendment (Asset Management Plans) Regulation 2021, published on the NSW Legislation website on 5 February 2021.
(Notice given 16 March 2021)
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TUESDAY 8 JUNE 2021
BUSINESS OF THE HOUSE—NOTICES OF MOTION
1. Mr Searle to move—
That the sessional order varying standing order 65 (5) for answers to questions to be directly relevant, be amended by omitting "directly relevant to a question" and inserting instead "directly and substantively responsive to the question asked, and failure to provide factual information requested in a question is a contempt of the House.
(Notice given 15 September 2020)
2. Mr Shoebridge to move—
That, under section 41 of the Interpretation Act 1987, this House disallows clause 106 of the Design and Building Practitioners Regulation 2021, published on the NSW Legislation website on 9 April 2021.
(Notice given 4 May 2021 (sitting day 24 March 2021))
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6640 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
BILLS REFERRED TO SELECT OR STANDING COMMITTEES
*1. Crimes (Appeal and Review) Amendment (Double Jeopardy) Bill 2019
Referred to the Standing Committee on Law and Justice on 30 May 2019 for inquiry and report. (Referred at conclusion of mover's second reading speech) – On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
(Item No. 67)
*2. Mining Amendment (Compensation for Cancellation of Exploration Licence) Bill 2019
Referred to the Standing Committee on Law and Justice on 6 June 2019 for inquiry and report. (Referred at conclusion of mover's second reading speech) – On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
(Item No. 78 – Previously inside the order of precedence)
*3. Anti-Discrimination Amendment (Complaint Handling) Bill 2020
Referred to Portfolio Committee No. 5 – Legal Affairs on 27 February 2020 for inquiry and report. (Referred at conclusion of mover's second reading speech) – On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
(Item No. 420)
*4. Education Legislation Amendment (Parental Rights) Bill 2020
Referred to Portfolio Committee No. 3 – Education on 5 August 2020 for inquiry and report. (Referred at conclusion of mover's second reading speech) – On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
(Item No. 609)
*5. Local Land Services Amendment (Miscellaneous) Bill 2020
Referred to Portfolio Committee No. 7 – Planning and Environment on 19 November 2020 for inquiry and report. (Referred by amendment to the second reading)
*6. Waste Avoidance and Resource Recovery Amendment (Plastics Reduction) Bill 2021
Referred to Portfolio Committee No. 7 – Planning and Environment on 16 March 2021 for inquiry and report. (Referred at conclusion of mover's second reading speech) - On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
(Item No. 352)
6641 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
7. Mutual Recognition (New South Wales) Amendment Bill 2021
Referred to Portfolio Committee No. 1 – Premier and Finance on 24 March 2021 for inquiry and report. (Referred on receipt of the message from the Legislative Assembly) - On the tabling of the report, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
* Council bill
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PROVISIONS OF BILLS REFERRED TO SELECT OR STANDING COMMITTEES
1. Firearms and Weapons Legislation Amendment (Criminal Use) Bill 2019
Referred to Portfolio Committee No. 5 – Legal Affairs on 24 March 2020 for inquiry and report—due first sitting day in 2021.
*2. Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020
Referred to Select Committee on the Provisions of the Public Health Amendment (Registered Nurses in Nursing Homes) Bill 2020 on 21 October 2020 for inquiry and report.
*Council bill
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CONTINGENT NOTICES OF MOTIONS
1. PRECEDENCE OF ITEM OF BUSINESS
Contingent on the President calling on any notice of motion or the Clerk being called upon to read any order of the day: That standing and sessional orders be suspended to allow the moving of a motion forthwith that a particular order of the day or motion on the notice paper be called on forthwith.
Given by:
Mr Borsak Mr Searle Mr Shoebridge
(Notice given 7 May 2019)
6642 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
2. RESCISSION OF RESOLUTION RELATING TO THE POSITION OF ASSISTANT PRESIDENT
Contingent on the President calling on any notice of motion or the Clerk being called upon to read the order of the day: That Standing Orders be suspended to allow a motion to be moved forthwith that:
(a) resolution of the House of 7 May 2019 relating to the election of the Assistant President be rescinded, and (b) the resolution of the House of 28 June 2007, as amended, relating to the position of Assistant President be rescinded.
Given by:
Mr Shoebridge
(Notice given 7 May 2019)
3. CONTEMPT OF HOUSE
Contingent on any Minister failing to table documents in accordance with an order of the House: That Standing and sessional orders be suspended to allow a motion to be moved forthwith adjudging the Minister guilty of a contempt of the House for failure to comply with that order.
Given by:
Mr Buttigieg Ms Jackson Mr Searle Mr D'Adam Mr Mookhey Mr Secord Mr Donnelly Ms Moriarty Ms Sharpe Mr Graham Mr Moselmane Mr Veitch Mrs Houssos Mr Primrose
(Notice given 4 June 2019) Ms Boyd Ms Faehrmann
(Notice given 5 June 2019)
Mr Field
(Notice given 6 August 2019)
Mr Shoebridge
(Notice given 7 August 2019)
4. CENSURE OF MINISTER
Contingent on any Minister failing to table documents in accordance with an order of the House: That standing and sessional orders be suspended to allow a motion to be moved forthwith for censure of the Minister.
Given by:
Mr Buttigieg Ms Jackson Mr Searle Mr D'Adam Mr Mookhey Mr Secord Mr Donnelly Ms Moriarty Ms Sharpe Mr Graham Mr Moselmane Mr Veitch Mrs Houssos Mr Primrose
(Notice given 4 June 2019)
6643 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
Ms Boyd Ms Faehrmann
(Notice given 5 June 2019)
Mr Field
(Notice given 6 August 2019)
Mr Shoebridge
(Notice given 7 August 2019)
5. CENSURE OF MINISTER
Contingent on Minister Harwin having given an explanation concerning his conduct during the COVID- 19 pandemic: I will move that standing and sessional orders be suspended to allow a motion to be moved forthwith for censure of the Minister.
Given by:
Mr Borsak
(Notice given 4 August 2020)
6. MOTION OF NO CONFIDENCE
Contingent on Minister Harwin having given an explanation concerning his conduct during the COVID- 19 pandemic: I will move that standing and sessional orders be suspended to allow a motion of no confidence in the Minister to be moved forthwith. Given by:
Mr Borsak
(Notice given 4 August 2020)
7. REFERRAL TO PUBLIC ACCOUNTABILITY
Contingent on Minister Harwin having attended in his place according to resolution of the House to give an explanation concerning his conduct during the COVID-19 pandemic, I will move:
That, it be an instruction to the Public Accountability Committee that:
(a) as part of its current inquiry into the NSW Government's management of the COVID-19 pandemic, the committee inquire into the conduct of the Honourable Don Harwin MLC during the pandemic and any other related matter,
(b) the Honourable Don Harwin be invited to appear as a witness before the committee and give evidence in relation to his conduct and any other related matter, and
(c) the Committee report on that part of its inquiry that relates to the Honourable Don Harwin MLC by Monday 14 September 2020.
Given by:
Mr Banasiak
(Notice given 4 August 2020) 6644 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
8. CENSURE OF MINISTER
Contingent on a Minister failing to provide factual information sought in a question, I will move: That standing and sessional orders be suspended to allow a motion to be moved forthwith to censure the Minister.
Given by:
Mr Searle
(Notice given 22 September 2020)
9. CONTEMPT OF HOUSE
Contingent on a Minister repeatedly failing to provide factual information sought in questions, I will move: That standing and sessional orders be suspended to allow a motion to be moved forthwith adjudging the Minister guilty of a contempt of the House.
Given by:
Mr Searle
(Notice given 22 September 2020)
10. REFERRAL TO SOCIAL ISSUES
Contingent on the second reading debate on the Crimes (Domestic and Personal Violence) Amendment (Coercive and Controlling Behaviour) Bill being adjourned for five calendar days, I will move:
That:
(a) the bill be referred to the Standing Committee on Social Issues for inquiry and report by September 2021, and
(b) on tabling of the report by the Standing Committee on Social Issues, a motion may be moved without notice that the bill be restored to the Notice Paper at the stage it had reached prior to referral.
Given by:
Ms Boyd
(Notice given 17 November 2020)
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BILLS DISCHARGED, LAID ASIDE, NEGATIVED OR WITHDRAWN
§ Central Coast Drinking Water Catchments Protection Bill 2019 Second reading negatived 21 November 2019
§ Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Second reading negatived 27 February 2020 Restored to Notice Paper 17 June 2020
6645 Legislative Council Notice Paper No. 83—Tuesday 11 May 2021
Constitution Amendment (Water Accountability and Transparency) Bill 2020 Second reading negatived 4 August 2020
§Local Land Services Amendment (Land Management and Forestry) Bill 2020 Second reading negatived 14 October 2020
§ Crimes Amendment (Zoe's Law) Bill 2019 Second reading negatived 11 November 2020
§ Environmental Planning and Assessment Amendment (Prohibition of Waste to Energy Incinerators) Bill 2020: Second reading negatived 11 November 2020
§ Private Members’ Public Bill
David Blunt Clerk of the Parliaments
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Authorised by the Parliament of New South Wales