22912 LEGISLATIVE COUNCIL Wednesday 19 May 2010 __________ The President (The Hon. Amanda Ruth Fazio) took the chair at 2.00 p.m. The President read the Prayers. APPROPRIATION (BUDGET VARIATIONS) BILL 2010 WEAPONS AND FIREARMS LEGISLATION AMENDMENT BILL 2010 Bills received from the Legislative Assembly. Leave granted for procedural matters to be dealt with on one motion without formality. Motion by the Hon. Tony Kelly agreed to: That the bills be read a first time and printed, standing orders be suspended on contingent notice for remaining stages and the second readings of the bills be set down as orders of the day for a later hour of the sitting. Bills read a first time and ordered to be printed. Second readings set down as orders of the day for a later hour. PRIVILEGES COMMITTEE Report: Citizen’s Right of Reply (Mrs J Passas) Motion by the Hon. Kayee Griffin agreed to: That the House adopt the report. Pursuant to standing orders the response of Mrs J. Passas was incorporated. ______ Reply to comments by the Hon Amanda Fazio MLC in the Legislative Council on 18 June 2009 I would like to reply to comments made by the Hon Amanda Fazio MLC on 18 June 2009 in the Legislative Council about myself. Ms Fazio makes two accusations, which adversely affect my reputation: That I am "an absolute lunatic"; and That apart from "jumping on the bandwagon of a genuine community campaign for easy access" at Summer Hill railway station, I did not have anything to do with securing the easy access upgrade at Summer Hill. Ms Fazio's first assertion has no basis in fact whatsoever and is offensive. Her second assertion is demonstrably false. My involvement in the campaign to secure easy access at Summer Hill Railway Station began in 1994 and continued throughout my period as a councillor on Ashfield Council until the project was complete in 2002. His Worship the Mayor of Ashfield, Councillor Ted Cassidy, has provided me with a reference, which outlines my involvement in the campaign. In his reference he states: In 1994 I recall Julie attending a meeting of Ashfield Council expressing concern on anti-social issues relating to Ashfield Park. Julie also pursued at that time her concern that the historic Summer Hill Railway Station was not accessible for people with a disability or for mums with baby in pram or stroller. … During her first term (1995-1999) on Council Julie vigorously pursued the issue of accessibility for Sumer Hill Station. I also campaigned with her outside the station during that period as did a number of residents with a disability and mums with baby in pram or stroller. These incidents were reported in the local newspapers of the time ("The Courier" and "District News") … 19 May 2010 LEGISLATIVE COUNCIL 22913 Julie's campaign had the support of all Ashfield Councillors and eventually the State Government of the time in the early 2000's conceded the need for priority. Funds were allocated and the current equal access of lift and pedestrian ramps to all platforms of Summer Hill Station were provided. If it were not for the drive and compassion that Julie pursued in her commitment for equal access for Summer Hill Railway Station and the support that Ashfield Council gave to the issue, people of all ages suffering disability whether it is permanent or temporary would still be discriminated against in the eyes of the community. Mr Bruce MacCarthy, Member for Strathfield from 1996 to 1999, also has provided me with a reference outlining my involvement. In his reference he states: As the Member for Strathfield (1996 to 1999) I was aware of her passionate interests in other community causes, particularly the campaign for better access to Summer Hill Railway Station, which she championed along with local resident, the late Paddy Davies, who lived close to the station, in Bogan Street. When Summer Hill was incorporated into the seat of Strathfield in the lead up to 1999 elections, Julie and Paddy sought my assistance in fighting for "Easy Access" to the station. At that time, the Government was not showing any sign of interest in the idea. I recall asking a question on notice on the subject in late 1998 and getting a non-committal, 2 line response from the then Minister for Transport. It was only when, at Julie's invitation, I announced that the then Leader of the Opposition (Peter Collins) would come out to see the station with a view of making an election commitment, that Labor got interested. The then Minister's Parliamentary Secretary came out on the same day and promised that something would be looked at. … I have seen a letter dated 29 March 2010, by the Mayor of Ashfield attesting to Julie Passas's interest in the Summer Hill Station issue back as far as 1994. There is nothing in Clr Cassidy’s letter with which I would disagree. In particular, I have no hesitation in agreeing that, without Julie's vigorous championing of the cause of better access to Summer Hill Station, the residents of Summer Hill might still be waiting for the improvements. In contrast to Ms Fazio's comments, Mayor Cassidy observes in his reference: A community without people like Julie would be a lot poorer. Mr MacCarthy concludes his reference with this observation: Every community needs someone like Julie Passas who is not afraid to speak out loudly when good causes arise. ______ CLIMATE CHANGE Motion by Mr Ian Cohen agreed to: 1. That this House notes that: (a) the bipartisan report of the House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts "Managing our Coastal Zone in a Changing Climate: The Time to Act is Now" outlines a pathway to managing the Australian coast in the national interest. (b) the recommendations from the report identify the need to: (i) commission a study on international coastal zone governance arrangement including polices and programs for addressing impacts and adaptation strategies (ii) increase investment in coastal based climate change research (iii) improve access to and consistency of information relevant to coastal zone adaptation (iv) consider infrastructure adaptation needs of local government (v) address disaster mitigation (vi) investigate insurance issues (v) request the Australian Law Reform Commission to undertake an urgent inquiry into climate change legal issues (vi) define coastal ecosystems protection and assessment including wetlands, migratory birds (vii) develop an action plan to protect coastal high conservation value areas (viii) provide a national repository to identify Indigenous and non-Indigenous cultural heritage sites. (ix) request the development of an Intergovernmental Agreement on the Coastal Zone to be endorsed by COAG, and 22914 LEGISLATIVE COUNCIL 19 May 2010 (c) the Australian Coastal Councils Conference Communiqué highlights the calls from coastal local councils across Australia for assistance in dealing with the complex and daunting social, economic and environmental challenges of climate change adaptation. 2. That this House calls on the Government to: (a) support all 47 recommendations of the Standing Committee on Climate Change, Water, Environment and the Arts report (b) urgently work with the Commonwealth Government in responding to the inquiry report, and (c) report back to the Legislative Council on actions taken to engage with the Commonwealth and State governments at Council of Australian Governments meetings. PETITIONS Bangalow Motorway Interchange Petition requesting that the House direct the roads and Traffic Authority not to construct the proposed Bangalow motorway interchange as part of the upgraded T2E Motorway, and instead ensure that through traffic stays on highways, received from the Hon. Jennifer Gardiner. Religious Education and School Ethics Classes Petition opposing the newly proposed secular humanist ethics course in public schools and calling on the Government to support the cancellation of the ethics course and express its support for scripture classes, received from Reverend the Hon. Fred Nile. IRREGULAR PETITION Leave granted for the suspension of standing orders to allow the Hon. Robyn Parker to present an irregular petition. Tingira Heights Development Petition requesting an immediate halt to any development of or construction on 3-5 James Street, Tingira Heights, on the grounds of the discrepancies in the environmental impact assessment for the site, received from the Hon. Robyn Parker. BUSINESS OF THE HOUSE Withdrawal of Business Private Members' Business item No. 11 in the Order of Precedence withdrawn by Ms Sylvia Hale. BUSINESS OF THE HOUSE Postponement of Business Government Business Order of the Day No. 1 postponed on motion by the Hon. Tony Kelly. Debate on Committee Reports postponed on motion, by leave, by the Hon. Tony Kelly. BUSINESS OF THE HOUSE Suspension of Standing and Sessional Orders: Order of Business Ms SYLVIA HALE [2.14 p.m.]: I move: That standing and sessional orders be suspended to allow a motion to be moved forthwith that Private Members' Business item No. 266 outside the Order of Precedence, relating to an order for papers regarding Cessnock City Council, be called on forthwith. 19 May 2010 LEGISLATIVE COUNCIL 22915 This matter is urgent. On 7 May the Minister wrote to Cessnock City Council indicating that he was considering removing the council's planning powers. He gave the council 21 days within which to respond, but he failed in his letter to provide any details why those powers should be removed from the council. Subsequently, the council wrote to the Minister requesting details, but the Minister has failed to respond appropriately, although he stated publicly that he has, supposedly, approximately 26 pages of complaints. This matter is urgent because 21 days from 7 May is 28 May. As it is now 19 May, I suggest that the documents should be made available, and once that is done, the council would need to write to the Minister seeking time to consider the information contained in them.