Minutes of Proceedings

259

LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 17

WEDNESDAY 12 NOVEMBER 2014

Contents

1 Meeting of the House ...... 261 2 Message from the Legislative Assembly—Statute Law (Miscellaneous Provisions) Bill (No 2) 2014 ...... 261 3 Disputed Claim of Privilege—VIP Gaming Management Agreement—Redacted Copy of Privileged Document (Formal Business) ...... 261 4 16th annual Deepavali Fair (Formal Business) ...... 262 5 Anniversary of the Feast of the Nativity of our Lady, Monti Fest (Formal Business) ...... 263 6 Spinal Cord Injury Awareness Week (Formal Business) ...... 263 7 76th anniversary of Kristallnacht (Formal Business) ...... 264 8 Women in engineering (Formal Business) ...... 265 9 John Maclean Foundation (Formal Business) ...... 265 10 India Club Inc.’s Festival of Diwali celebrations (Formal Business) ...... 266 11 Surf Life Saving Australia (Formal Business) ...... 267 12 Saint Michael’s Antiochian Orthodox Church, Kirrawee (Formal Business) ...... 267 13 NSW Netball Awards Dinner 2014 (Formal Business) ...... 268 14 NSW Telstra Business Women’s Awards (Formal Business) ...... 270 15 Papers—Tabled by Minister ...... 270 16 Standing Committee on Social Issues—Report ...... 271 17 Joint Standing Committee on Electoral Matters—Report ...... 271 18 Petition ...... 272 19 Notices of Motions ...... 272 20 Business Postponed ...... 272 21 Revocation of Dedication of State Forest ...... 272 22 Suspension of Standing and Sessional Orders—Select Committee on the conduct and progress of the Ombudsman’s inquiry “Operation Prospect” ...... 273 23 Select Committee on the conduct and progress of the Ombudsman’s inquiry “Operation Prospect” ...... 274 24 Questions ...... 275 25 Personal Explanation ...... 275 26 Assent to Bills ...... 275 27 Message from the Legislative Assembly—Parliamentary Zone ...... 276 28 Messages from the Legislative Assembly ...... 276 (1) Crime Commission Legislation Amendment Bill 2014 ...... 276

260 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(2) Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014 ...... 276 (3) Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014 (No 2) ...... 277 29 Suspension of Standing and Sessional Orders—Select Committee on the conduct and progress of the Ombudsman’s inquiry “Operation Prospect” ...... 277 30 Select Committee on the conduct and progress of the Ombudsman’s inquiry “Operation Prospect” ...... 277 31 Paper—Tabled by Minister ...... 280 32 Aboriginal Land Rights Amendment Bill 2014 ...... 280 33 Surveillance Devices Amendment (Police Body-Worn Video) Bill 2014 ...... 280 34 Message from the Legislative Assembly—Valuation of Land Amendment Bill 2014 ...... 281 35 Business Postponed ...... 282 36 Order Discharged—Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014 ...... 282 37 Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014 (No 2) .... 282 38 Messages from the Legislative Assembly ...... 283 (1) Fisheries Management Amendment Bill 2014 ...... 283 (2) Pesticides Amendment Bill 2014 ...... 283 39 Motor Accidents (Lifetime Care and Support) Amendment Bill 2014 ...... 283 40 Liquor Legislation Amendment (Statutory Review) Bill 2014 ...... 284 41 Local Government Amendment (Elections) Bill 2014 ...... 284 42 Return to Order—Planning in Newcastle and the Hunter ...... 285 43 Adjournment ...... 285 44 Attendance ...... 285

261 Legislative Council Minutes No. 17—Wednesday 12 November 2014

1 MEETING OF THE HOUSE

The House met at 11.00 am according to adjournment. The President took the Chair and read the prayers.

2 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO 2) 2014

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to repeal certain Acts and instruments and to amend certain other Acts and instruments in various respects and for the purpose of effecting statute law revision; and to make certain savings” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

Bill, on motion of Mr Gay (on behalf of Mr Ajaka), read a first time and ordered to be printed.

Mr Gay moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

3 DISPUTED CLAIM OF PRIVILEGE—VIP GAMING MANAGEMENT AGREEMENT— REDACTED COPY OF PRIVILEGED DOCUMENT (Formal Business)

Dr Kaye sought the leave of the House to amend private members’ business item no. 2115 outside the order of precedence as follows:

1. Insert in paragraph 1 the words “and Report No. 72 of the Privileges Committee, tabled on 11 November 2014,” after “21 October 2014”.

2. Insert in paragraph 2 the words “and the report of the Privileges Committee” after “the report of the Independent Legal Arbiter”.

No objection taken.

Leave granted.

Dr Kaye moved, according to notice, as by leave amended:

1. That, in view of the report of the Independent Legal Arbiter, the Hon Keith Mason AC QC, dated 21 October 2014 and Report No. 72 of the Privileges Committee, tabled on 11 November 2014, on the disputed claim of privilege on the VIP Gaming Management Agreement, this House orders that a copy of the Agreement be laid upon the table by the Clerk, with the following portions of the Agreement redacted and available to members of the Legislative Council only:

(a) the particular date in the third definition at issue in clause 1.1,

(b) clause 8 in its entirety and the accompanying definition in clause 1.1,

262 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(d) the contents of Schedule 2.

2. That, in view of the report of the Independent Legal Arbiter and the report of the Privileges Committee, and for the avoidance of doubt, on tabling, the following portions of the Agreement over which the Independent Legal Arbiter found that a valid claim of privilege is not established, not be redacted:

(a) the Contents table in its entirety,

(b) the first of the disputed definitions in clause 1.1, being the term defined for the purposes of Schedule 1,

(d) clause 5.3,

(e) clause 16.1(b), and

(f) Schedule 1.

3. That, before being laid on the table by the Clerk, the copy of the Agreement be released to the Department of Premier and Cabinet for the redaction of the information identified in paragraph 1 and returned to the Clerk within 24 hours of the passing of this resolution.

4. That, on tabling, the redacted copy of the Agreement is authorised to be published.

5. That, if the House is not sitting at the time the copy of the Agreement is lodged with the Clerk, the document is deemed to have been laid before the House, and published by order or authority of the House.

Question put and passed.

4 16TH ANNUAL DEEPAVALI FAIR (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Sunday 19 October 2014, the 16th annual Deepavali Fair organised by the Hindu Council of Australia was held at Parramatta Park, Parramatta, and was attended by more than 20,000 visitors, and

(b) guests who attended the official opening included: (i) Senator the Honourable Concetta Fierravanti-Wells, Federal Parliamentary Secretary to the Minister for Social Services, representing the Honourable Tony Abbott MP, Prime Minister of Australia, (ii) Senator the Honourable Lisa Singh, Federal Shadow Parliamentary Secretary for the Environment, Climate Change and Water, representing the Honourable Bill Shorten MP, Federal Leader of the Opposition, (iii) Dr Geoff Lee MP, State Member for Parramatta, representing the Honourable Mike Baird MP, Premier of New South Wales, (iv) the Honourable John Robertson MP, Leader of the Opposition, (v) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (vi) Mr David Elliott MP, Parliamentary Secretary to the Premier for Youth, Homelessness and the Centenary of ANZAC,

263 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(vii) the Honourable Phillip Ruddock MP, Federal Member for Berowra, (viii) Mr Craig Kelly MP, Federal Member for Hughes, (ix) Ms Michelle Rowland MP, Shadow Federal Minister for Citizenship and Multiculturalism, (x) Mr Kevin Conolly MP, State Member for Riverstone, (xi) Mr Charles Casuscelli MP, State Member for Strathfield, (xii) Mr John Sidoti MP, State Member for Drummoyne, (xiii) Mr Ram Madhav, General Secretary of the Bhartiya Janata Party, (xiv) Mr Sunjay Sudhir, Consul General for India.

2. That this House congratulates the Hindu Council of Australia and its President, Professor Nihal Agar, and Mr Bhagwat Chauhan, Director of the Deepavali Fair 2014, together with his organising committee, on its successful organisation of the 2014 Deepavali Fair.

3. That this House extends its greetings to the Indian-Australian community, as well as the wider Hindu and Sikh communities on the occasion of this year’s Deepavali Festival.

Question put and passed.

5 ANNIVERSARY OF THE FEAST OF THE NATIVITY OF OUR LADY, MONTI FEST (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Sunday 14 September 2014 at Our Lady of Dolours Catholic Church, Chatswood, the Magalorian Catholic Association of Sydney under the auspices of its Trustee Mr Stanley D’Cruz, President Mr Freddie Pereira and Association Committee held a Mass and celebratory dinner to mark the anniversary of the Feast of the Nativity of Our Lady, Monti Fest, a religious festival specifically identified with the Catholic community of Mangalore, India,

(b) the celebrant for the Mass was Reverend Father Paul Finucane, and

(c) guests who attended included: (i) the Honourable Gladys Berejiklian MP, Minister for Transport, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (iii) Dr Geoff Lee MP, Member for Parramatta, (iv) members of the Mangalorean Catholic community and the wider Indian-Australian Catholic community.

2. That this House congratulates the Mangalorean Catholic Association of Sydney and wishes it well on the occasion of the anniversary of this important feast day in the calendar of the Catholics of Mangalore, India.

Question put and passed.

6 SPINAL CORD INJURY AWARENESS WEEK (Formal Business)

Ms Barham moved, according to notice:

1. That this House notes that Spinal Cord Injury Awareness Week, a national campaign that aims to highlight spinal cord injury in the community, runs from 9 to 15 November 2014.

2. That this House notes that:

264 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(a) approximately 80 per cent of newly reported spinal cord injuries are due to traumatic injury, including injuries caused by motor vehicle incidents, falls, work-related incidents and water-related incidents, with the remaining 21 per cent caused by medical conditions,

(b) 84 per cent of reported traumatic spinal cord injuries occur in males and 16 per cent in females, with 15-24 year olds accounting for around 30 per cent of spinal cord injuries, and

(c) spinal cord injuries have a significant impact on the health, social and economic wellbeing of the individuals who sustain those injuries along with their families and carers.

3. That this House acknowledges that the Australian Spinal Injury Alliance, which comprises eight of Australia’s state-based spinal cord injury organisations, is focusing on the key priorities of government liaison, advocacy, injury prevention, awareness raising and information sharing, and its goal is to deliver a National Spinal Cord Injury Strategy that will provide a foundation for better health, social and economic outcomes for people who sustain a spinal cord injury.

4. That this House congratulates the Australian Spinal Injury Alliance, including ParaQuad NSW and Spinal Cord Injuries Australia, and all organisations and individuals across the state who are supporting Spinal Cord Injury Awareness Week and working toward the prevention of spinal cord injuries and improved outcomes for people who are affected by spinal cord injury.

Question put and passed.

7 76TH ANNIVERSARY OF KRISTALLNACHT (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Friday 7 November 2014, the 76th Anniversary of Kristallnacht, also known as the Night of the Broken Glass, was commemorated at a remembrance service held at the Martin Place Amphitheatre, Sydney, organised by the NSW Council of Christians and Jews,

(b) the remembrance service was officiated by: (i) Rabbi Jeffrey Kamins from the Emanuel Synagogue, Woollahra, (ii) Ms Jenny Van Proctor, President of the New South Wales Council of Christians and Jews, (iii) Mr William Szekely, Federal Chair of the Australian Council of Christian and Jews,

(c) the event included performances by the choir from Emanuel School, Randwick, and an accordion recital by Edouard Bronson, and was attended by representatives from the Parliament of New South Wales, community, civic and religious organisations and members of the public, and

(d) Kristallnacht, which occurred in Germany and Austria on 9 November 1938, marks the occasion when a Nazi-initiated campaign was unleashed against those countries’ Jewish citizens resulting in the murder of at least 91 people, the burning of nearly 1,000 synagogues, the looting of more than 7,000 Jewish businesses and homes and the incarceration of 30,000 Jews in concentration camps and is acknowledged as a pivotal point in the unfolding of events leading to the Holocaust.

2. That, on the 76th Anniversary of Kristallnacht, this House extends its heartfelt condolences to the Jewish community and expresses its firm conviction that racial and religious persecution should always be opposed to the fullest.

Question put and passed.

265 Legislative Council Minutes No. 17—Wednesday 12 November 2014

8 WOMEN IN ENGINEERING (Formal Business)

Dr Kaye (on behalf of Dr Faruqi) moved, according to notice:

1. That this House notes that:

(a) the Women in Engineering Sydney Division’s Eminent Speaker’s Breakfast was held on Thursday 23 October 2014,

(b) the Women in Engineering membership is drawn from a range of engineering disciplines and includes university students, graduates, and both young and established professionals within Sydney,

(c) the overarching vision of all Women in Engineering divisions within Engineers Australia is that engineering becomes an inclusive profession which values, supports and celebrates the contributions of women in the engineering team,

(d) in a profession with so few women, organisations such as Women in Engineering play an important role in inspiring and nurturing current and future generations of female engineers, and

(e) engineers play a crucial role in moving New South Wales towards an innovative and sustainable future.

2. That this House congratulates the Women in Engineering Sydney Division for its continued role in encouraging and supporting women in all stages of their engineering careers.

Question put and passed.

9 JOHN MACLEAN FOUNDATION (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes:

(a) the contribution the John Maclean Foundation has made to improving the lives of families with disabled children,

(b) the funds raised by the Foundation to assist these families, and

2. That this House commends:

(a) John Maclean for his personal achievement and participation in the Nepean Triathlon 2014,

(b) all those that organised and participated in the Nepean Triathalon,

(c) the winners of the Nepean Triathalon men’s events: (i) Open Men’s – Aaron Royle, Jacob Birtwhistle, Ryan Baile, Peter Kerr and Cameron Good, (ii) Under 19 – Sam Lewis, (iii) 20-24 – Reece Edwards, (iv) 25-29 – Nick North, (v) 30-34 – Travis Shields, (vi) 35-39 – Drew Millar, (vii) 40-44 – Anthony Parker,

266 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(viii) 45-49 – Peter Walker, (ix) 50-54 – Beven Ernst, (x) 55-59 – John O’Connel, (xi) 60-64 – Robert Picken, (xii) Sponsors Challenge – Leigh Chapman, (xiii) JMF Wave – Carter Jackson, and

(d) the winners of the Nepean Triathalon women’s events: (i) Open Women’s – Ashleigh Gentle, Emma Jackson, Gilliam Backhouse, Felicity Sheedy-Ryan and Sarah Crowley, (ii) Under 19 – Phoebe Savage, (iii) 20-24 – Georgia Stott, (iv) 25-29 – Kym Ireland, (v) 30-34 – Rebecca Moroney, (vi) 35-39 – Nikkola Brian, (vii) 40-44 – Dayna Davidson, (viii) 45-49 – Christine Wolfson, (ix) 50-54 – Jenny Henville, (x) 55-59 – Helen Sturman, (xi) 60-64 – Belinda Soszyn, (xii) JMF Wave – Shiela O’Reilly.

Question put and passed.

10 INDIA CLUB INC.’S FESTIVAL OF DIWALI CELEBRATIONS (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

(a) on Friday 17 October 2014, the India Club Inc. held a successful function at Castle Hill to celebrate the Festival of Diwali, also known as the Festival of Lights, and

(b) guests who attended included: (i) Mr David Elliott MP, Parliamentary Secretary to the Premier for Youth, Homelessness and the Centenary of ANZAC, and Mrs Nicole Elliott, (ii) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, and Mrs Marisa Clarke, (iii) Dr Geoff Lee MP, State Member for Parramatta, (iv) the Deputy Mayor of the Hills Shire Council, Councillor Dr Michelle Byrne and Mr Matthew Fuentes, (v) Rear Admiral Ravi Kshetrapal, (vi) Mrs Sheba Nandkeolyar, Chief Executive Officer of Multi-Connexions, (vii) Mr Ravi Bodade, Air India manager in Sydney, (viii) Ms Bev Jordan, journalist from the Hills Shire Times, (ix) Ms Carmen Lelehzari, advocate for Domestic Violence Prevention and Human Rights.

2. That this House:

(a) commends the India Club Inc., its President Mrs Shubha Kumar, Chairman Dr Aksheya Kumar and Club Committee for organising this function, and

(b) extends its greetings to members of the India Club Inc. and to the wider Indian-Australian community on the occasion of the 2014 Festival of Diwali.

Question put and passed.

267 Legislative Council Minutes No. 17—Wednesday 12 November 2014

11 SURF LIFE SAVING AUSTRALIA (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes:

(a) the contribution that Surf Life Saving Australia (SLSA) makes to Australian society, and

(b) the service and commitment Surf Life Saving Australia members have shown to the community.

2. That this House commends the following award recipients:

(a) for the SLSA Awards of Excellence 2014: (i) Surf Sports Official – Julie Kay, (ii) Surf Sports Coach – Jack Patison, (iii) Surf Sports Coach – Shannon Eckstein, (iv) Trainer – Davina Jackson, (v) Assessor – Sharee Hart, (vi) Community Education Program Seahorse – Nippers, Noosa Heads, QLD, (vii) DHL Lifeguard – Tim Wilson, (viii) DHL Volunteer – Andrew Cross, (ix) DHL Club – Secret Harbour, WA, (x) DHL Surf Lifesaver – Robert Bates, and

(b) for the Meritorious Awards: (i) Point Lookout Surf Life Saving Club (SLSC) – Group Certificate of Merit with Silver Insert, (ii) North Bondi SLSC – Group Certificate of Merit with Bronze Insert, (iii) Bondi Surf Bathers Life Saving Club – Group Certificate of Merit with Bronze Insert, (iv) Waverly Lifeguards Council – Group Certificate of Merit with Bronze Insert, (v) South Narrabeen – Commendation of Bravery, (vi) Pacific Palms SLSC – Commendation of Bravery, (vii) Tod Rowbowtham (Freshwater SLSC) – Individual Certificate of Merit with Bronze Insert, (viii) Zoe Jolley (Tannum Sands SLSC) – Individual Certificate of Merit with Bronze Insert, (ix) Eve West (Point Lookout SLSC) – Individual Certificate of Merit with Bronze Insert, (x) Sandra Middleton (Point Lookout) – Individual Certificate of Merit with Bronze Insert, (xi) Ben Sowter (Yallingyup Lifeguards) – Commendation of Bravery, (xii) Janek Ferrandi (Yallingyup Lifeguards) – Commendation of Bravery, (xiii) Ben Freuend (Birubi Point SLSC) – Commendation of Bravery, (xiv) Emily Schofield (Surfers Paradise) – Commendation of Bravery, (xv) Scott Dineen (Surfers Paradise) – Commendation of Bravery, (xvi) Blair Walkington (Geraldton SLSC) – Commendation of Bravery.

Question put and passed.

12 SAINT MICHAEL’S ANTIOCHIAN ORTHODOX CHURCH, KIRRAWEE (Formal Business)

Mr Clarke moved, according to notice:

1. That this House notes that:

268 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(a) on Sunday 9 November 2014, the Feast Day of Saint Michael and the second anniversary of the Consecration and Official Opening of Saint Michael’s Antiochian Orthodox Church, Kirrawee was celebrated with a Divine Liturgy Service conducted by His Eminence Metropolitan Archbishop Paul Saliba, Primate of the Antiochoian Church in Australia, New Zealand and the Philippines, assisted by Reverend Father Fadi Nemme, followed by a celebratory lunch of the Antiochian Orthodox Community of the Kirrawee Parish, and

(b) guests who attended included: (i) His Eminence, Metropolitan Archbishop Paul Saliba of the Antiochian Orthodox Church, (ii) Reverend Father Fadi Nemme, Parish Priest of St Michael’s Antiochian Orthodox Church at Kirrawee, (iii) Father Elias Albaba, (iv) the Honourable David Clarke MLC, Parliamentary Secretary for Justice, (v) Councillor Kent Johns, Mayor of Sutherland Shire Council, (vi) Councillor Hassan Awada of Sutherland Shire Council.

2. That this House congratulates the Antiochian Orthodox Community of the Parish of Kirrawee:

(a) on its celebration of the Feast Day of Saint Michael and the second anniversary of the Consecration and Official Opening of Saint Michael’s Church, and

(b) for its ongoing service to the community.

Question put and passed.

13 NSW NETBALL AWARDS DINNER 2014 (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes:

(a) that the NSW Netball Awards Dinner was held on 1 November 2014, and

(b) the outstanding contribution of NSW Netball to the sporting community and to netball in New South Wales.

2. That this House commends:

(a) all the award recipients at the NSW Netball Awards Dinner 2014,

(b) the four new inductees to the Netball NSW Hall of Fame: (i) Edna Pritchard, deceased, who made a significant contribution to the sport of netball in New South Wales, being selected in the first New South Wales State basketball side in 1928, captaining the team and being a member for the next four years until her retirement from representative basketball in 1932, who will be remembered as the first New South Wales State Captain and a fantastic defensive player, who in 1929, along with Ms Pritchard and Evie Carpenter, was voted part of “the finest defensive combination in Australia” at the Interstate Carnival, and who was a New South Wales Delegate to the All Australia Netball Association, (ii) Helen Mann, deceased, who was a pioneer for the sport, making an outstanding contribution to administration at both the State and National levels, who in the early 1930s became involved in what was known as the “playground movement” that was run by the Council of City of Sydney and provided recreational facilities for children living in Sydney’s inner city areas, who introduced an inter-playground netball competition that eventually formed the NSW Junior Association and who became this Association’s first Secretary,

269 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(iii) Vicki Kerr (née Poat), who embodies what it means to represent the Waratahs of New South Wales, who was a player and coach during an unrivalled period for the New South Wales State Team, who as a dynamic circle defender began her netball career with the Sutherland Shire Netball Association and was a member of the New South Wales Open Team from 1971-1978, who captained the team in 1973 and was Vice-Captain from 1974-1977, who as New South Wales 21/U Head Coach from 1982-1990 won six National Netball Championships (1983, 1984, 1985, 1987, 1988, 1989), which remains an unbeaten record to this day, (iv) Marilyn Melhuish OAM, who made a significant and lasting contribution to netball at District, State, National, and International levels for over 50 years, who hailed from the St George District Netball Association, who first held the position of Secretary (1974-75) and later President (1977-1988), who for 16 years from 1981 was a NSW State Team Manager and also Australian Team Manager from 1985- 1996, who was awarded the All Australia service award in 1997 and Medal of the Order of Australia in 1992 for services to netball, who brought her extensive knowledge and experience to the role of Netball NSW President between 1997- 2003, while sitting on the National Affairs Committee and Convenor of the Netball NSW Appointments Panel, and who from 1999-2004 was also a Director at the All Australia Netball Association and held the position of President from 2004-2006 and was concurrently the All Australia Delegate to Asian Netball Federation,

(c) the recipients of the Anne Clark BEM Service Award: (i) Marilyn Latham – Eastwood Ryde, (ii) Annette Rowe – Baulkham Hills, (iii) Betty Spillane – Inner Western Suburbs, (iv) Margaret West – Charlestown,

(d) the recipient of the Nance Kenny OAM Medal, Kaitlyn Bryce – St George,

(e) the recipient of the Marilyn Melhuish OAM NSW Swifts Player of the Year, Kimberlee Green,

(f) the recipient of the Marj Groves AM Scholarship, Taylah Davies – Sutherland Shire,

(g) the recipients of the Judy Dunbar Media Awards: (i) Best Photo – Steve Gosch, Central Western Daily, (ii) Best Feature – Amanda Shalala, ABC News 24, (iii) Overall Coverage – Telegraph Sports Department, NewsCorp, (iv) Community Media Excellence – Central Western Daily,

(h) the recipients of the Umpire Awards: (i) A Badge – Georgia Addie, Penrith District, (ii) AA Badge – Bronwen Adams, Manly Warringah, (iii) International Umpires Award – Tara Warner, Sutherland Shire,

(i) the recipient of the Lynn Quinn OAM Bench Officials Award, Dianne Ward – Sutherland Shire,

(j) the recipient of the Neita Matthews OAM Umpires Encouragement Award, Kate Howard – Bankstown City, and

(k) the recipient of the Margaret Corbett DOOLEYS State League Coach of the Year, Vicki Jansen – Sutherland Shire.

Question put and passed.

270 Legislative Council Minutes No. 17—Wednesday 12 November 2014

14 NSW TELSTRA BUSINESS WOMEN’S AWARDS (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House acknowledges the winners of the New South Wales Telstra Business Women’s Awards and the outstanding contribution the winners and nominees make to the business community and economy.

2. That this House commends the award winners on their outstanding achievement and contribution to business and the community, including:

(a) the winner of the New South Wales Business Women of the Year, Susan Lloyd-Hurwitz, Mirvac,

(b) the winner of the Business Owner Award, Justine Curtis, Inspired Adventures,

(d) the winner of the Community and Government Award, Margaret Bowen, The Disability Trust,

(e) the winner of the Business Innovation Award, Andrea Galloway, Evolve Housing, and

(f) the winner of the Young Business Women’s Award, Tina Tower, Begin Bright.

Question put and passed.

15 PAPERS—TABLED BY MINISTER

Mr Mason-Cox tabled the following papers:

(1) Agricultural Industry Services Act 1998 and Rice Marketing Act 1983—Report of NSW Trade and Investment on the administration of Agricultural Statutory Authorities for year ended 30 June 2014.

(2) Annual Reports (Departments) Act 1985—Reports for the year ended 30 June 2014:

Department of Premier and Cabinet Department of Trade and Investment, Regional Infrastructure and Services Office of Local Government Parliamentary Counsel’s Office Public Service Commission.

(3) Annual Reports (Statutory Bodies) Act 1984—Reports for year ended 30 June 2014:

Art Gallery of New South Wales Trust Australian Museum Trust Barangaroo Delivery Authority Chief Investigator of the Office of Transport Safety Investigations Chipping Norton Lake Authority Cobar Water Board Dams Safety Committee Destination NSW Election Funding Authority of New South Wales Independent Pricing and Regulatory Tribunal Independent Transport Safety Regulator Infrastructure NSW

271 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Lake Illawarra Authority Library Council of New South Wales Natural Resources Commission New South Wales Electoral Commission New South Wales Film and Television Office (trading as Screen NSW) New South Wales Rural Assistance Authority NSW Food Authority Responsible Gambling Fund Trustees Rice Marketing Board Sydney Opera House Trust Trustees of the ANZAC Memorial Building Trustees of the Museum of Applied Arts and Sciences Veterinary Practitioners Board Wentworth Park Sporting Complex Trust Wild Dog Destruction Board.

(4) Central Coast Water Corporation Act 2006—Report of Central Coast Water Corporation for year ended 30 June 2014.

(5) Greyhound Racing Act 2002—Report of Greyhound Racing New South Wales for year ended 30 June 2014.

(6) Harness Racing Act 2009—Report of Harness Racing New South Wales for year ended 30 June 2014.

(7) Thoroughbred Racing Act 1996—Report of Racing New South Wales for year ended 30 June 2014.

(8) Water Industry Competition Act 2006—Report of Independent Pricing and Regulatory Tribunal entitled “Licence compliance under the Water Industry Competition Act 2006: Annual Report 2013/14: Report to Minister—Water—Compliance Report”, dated October 2014.

Ordered: That the reports be printed.

16 STANDING COMMITTEE ON SOCIAL ISSUES—REPORT

The Chair (Mr Blair) tabled Report No. 49 of the Standing Committee on Social Issues entitled “Legacy report: 55th Parliament”, dated November 2014.

Ordered: That the report be printed.

Mr Blair moved, according to standing order: That the House take note of the report.

Debate ensued.

Motion made (Mr Blair speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

17 JOINT STANDING COMMITTEE ON ELECTORAL MATTERS—REPORT

The Deputy Chair (Mr Borsak) tabled Report No. 5/55 of the Joint Standing Committee on Electoral Matters entitled “Preparations for the 2015 NSW State Election”, dated November 2014.

Ordered: That the report be printed.

Mr Borsak moved, according to standing order: That the House take note of the report.

272 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Motion made (Mr Borsak speaking) and question: That this debate be now adjourned until next sitting day—put and passed.

18 PETITION

Transforming electricity generation in New South Wales to 100 per cent renewables

Dr Kaye presented a petition from 1,096 citizens of New South Wales stating that a 100 per cent renewable energy sector in New South Wales would create tens of thousands of new jobs, slash carbon emissions and lay the foundation for an employment rich export industry, that generating electricity from solar thermal power plants, wind power, rooftop solar panels and other clean energy sources can sustainably supply New South Wales’ energy needs, noting that fossil fuel electricity generation is economically and environmentally unsustainable and building and operating new coal or conventional gas-fired power stations is now more expensive than investing in renewable energy technologies and requesting that the House take immediate steps to replace at least 500MW of fossil fuel power with renewable energy and energy efficiency measures and introduce a timetable to close all fossil fuel power stations in New South Wales by 2030.

Petition received.

19 NOTICES OF MOTIONS

20 BUSINESS POSTPONED

Notice of motion no. 1 on the Notice Paper of business of the House postponed, on motion of Mr Shoebridge, until Tuesday 18 November 2014.

21 REVOCATION OF DEDICATION OF STATE FOREST

Mr Gay moved, according to notice:

1. That, according to section 15 of the Forestry Act 2012, this House agrees to the proposal tabled in this House on 11 November 2014, being a proposal for revocation of the dedication of part of Bingara State Forest No 859 Extension No. 2, defined as part of Lot 118 in deposited plan 754851 in the Parish of Molroy, County of Murchison, being land of about 172 hectares, which upon revocation becomes Crown land and shall remain part of Crown Lease 1951/2.

2. The foregoing resolution be communicated by Address to His Excellency the Governor.

Debate ensued.

Question put and passed.

______

The President left the Chair at 11.30 am for the conduct of a security exercise at Parliament House. ______

The House resumed at 11.40 am.

273 Legislative Council Minutes No. 17—Wednesday 12 November 2014

22 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SELECT COMMITTEE ON THE CONDUCT AND PROGRESS OF THE OMBUDSMAN’S INQUIRY “OPERATION PROSPECT”

On the President calling on the Clerk to read the order of the day, Mr Brown moved, according to contingent notice: That standing and sessional orders be suspended to allow a motion to be moved forthwith that private members’ business item no. 2121 outside the order of precedence relating to a Select Committee on the conduct and progress of the Ombudsman’s inquiry “Operation Prospect” be called on forthwith.

Debate ensued.

______

Mr Gay sought the leave of the House for correspondence from the Ombudsman to be incorporated into Hansard.

No objection taken.

Leave granted. ______

Debate continued.

Question put.

The House divided.

Ayes 20

Ms Barham Mr Foley Ms Sharpe Mr Borsak Dr Kaye Mr Shoebridge Mr Brown Mr Moselmane * Mr Veitch Mr Buckingham Revd Mr Nile Ms Voltz * Ms Cotsis Mr Primrose Ms Westwood Mr Donnelly Mr Searle Mr Whan Dr Faruqi Mr Secord * Tellers

Noes 16

Mr Ajaka Mr Gallacher Mr Mason-Cox Mr Blair Miss Gardiner Mrs Mitchell Mr Clarke Mr Gay Mrs Pavey Mr Colless * Mr Khan Dr Phelps * Ms Cusack Mr Lynn Ms Ficarra Mr MacDonald * Tellers

Pairs

Ms Fazio Mrs Maclaren-Jones Mr Wong Mr Pearce

Question resolved in the affirmative.

Mr Brown then moved: That private members’ business item no. 2121 outside the order of precedence be called on forthwith.

274 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Question put and passed.

23 SELECT COMMITTEE ON THE CONDUCT AND PROGRESS OF THE OMBUDSMAN’S INQUIRY “OPERATION PROSPECT”

Mr Brown moved, according to notice:

1. That a select committee be established to inquire into and report on the conduct and progress of the Ombudsman’s Inquiry titled Operation Prospect, and in particular:

(a) the use by the Ombudsman of secrecy provisions contained in sections 19A, 19B and 19C of the Ombudsman Act 1974,

(b) the impact on the NSW Police Force of the Ombudsman’s Inquiry titled Operation Prospect,

(c) consideration of Police and NSW Crime Commission Operation Mascot and Police Integrity Commission Operation Florida and Police Strike Force Emblems, and

(d) any other related matter

2. That, notwithstanding anything to the contrary in the standing orders, the committee consist of seven members comprising:

(a) three Government members,

(b) two Opposition members, and

3. That the Chair of the committee be Mr Borsak and the Deputy Chair be Mr Shoebridge.

4. 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.

5. That a committee member who is unable to attend a deliberative meeting in person may participate by electronic communication and may move any motion and be counted for the purpose of any quorum or division, provided that:

(a) the Chair is present in the meeting room,

(b) all members are able to speak and hear each other at all times, and

6. That the House makes clear its understanding that a statutory secrecy provision in statute does not affect the power of the House or of its committees to conduct inquiries and to require answers to lawful questions unless the provision alters the law of parliamentary privilege by express words, and that this view is supported by the following authorities:

(a) New South Wales Legislative Council Practice, at pages 512-516,

(b) Odgers’ Australian Senate Practice, 13th edition, at page 66,

275 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(c) Mr Bret Walker SC in two advices from 2000 and 2012 published by General Purpose Standing Committee No. 4 in Report No. 26 entitled ‘Budget Estimates 2012 – 2013’, tabled in the House on 19 February 2013, and

(d) the Solicitor General and Ms Mitchelmore of Counsel in a legal opinion provided directly to the Government on 9 April 2014 and tabled in the House on 6 May 2014.

7. That the House further indicates that the statutory secrecy provisions in the Ombudsman Act 1974 and other relevant legislation do not affect the powers of the select committee to require answers to lawful questions or impede in any way the conduct of this inquiry.

8. That the committee report by 25 February 2015.

Debate ensued.

Mr Gay moved: That the question be amended by omitting paragraph 1 (b), (c) and (d).

Debate continued.

______

According to sessional order, proceedings interrupted at 2.30 pm for Questions. ______

24 QUESTIONS

25 PERSONAL EXPLANATION

Mr Whan, by leave, proceeded to make a personal explanation relating to comments made during Question Time this day concerning Captains Flat bridge.

Objection taken.

Leave withdrawn.

26 ASSENT TO BILLS

The President reported messages from His Excellency the Governor intimating assent to the following bills:

Act No. 11 November 2014 2014

Electricity Supply Amendment (Bush Fire Hazard Reduction) Bill 2014 ...... 70 Work Health and Safety (Mines) Amendment Bill 2014 ...... 71 Marine Estate Management Bill 2014 ...... 72 Regional Relocation Grants Amendment Bill 2014 ...... 73 Water NSW Bill 2014 ...... 74

276 Legislative Council Minutes No. 17—Wednesday 12 November 2014

27 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—PARLIAMENTARY ZONE

The President reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly informs the Legislative Council that it has this day agreed to the following resolution: That:

(1) Under section 17 (2) of the Parliamentary Precincts Act 1997, this House declares that the area of Hospital Road between the pedestrian crossings adjacent to the State Library and Sydney Hospital and hatched in the “Plan of the Parliamentary Zone within Lot 1824 in DP 841390” dated 19 October 2014, Surveyor’s Reference 117202001-00, be treated as part of the parliamentary zone for the purposes of the Act.

(2) A message be sent informing the Legislative Council and requesting the Legislative Council pass a similar resolution.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

Ordered, on the motion of Mr Gay: That consideration of the Legislative Assembly’s message stand an order of the day for next sitting day.

28 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1) Crime Commission Legislation Amendment Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Crime Commission Act 2012 with respect to the Crime Commission’s powers to obtain evidence by way of compulsory examinations and the disclosure of evidence so obtained by the Commission, investigations by the Crime Commission in co-operation with external persons and authorities and other miscellaneous matters; and to amend the Crimes (Appeal and Review) Act 2001 to limit certain appeals relating to Crime Commission examinations and evidence” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

(2) Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Criminal Procedure Act 1986 with respect to evidence in proceedings for domestic violence offences” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

277 Legislative Council Minutes No. 17—Wednesday 12 November 2014

(3) Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014 (No 2)

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 to make further provision in relation to the rebate scheme under that Act” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on the motion of Mr Gay read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

29 SUSPENSION OF STANDING AND SESSIONAL ORDERS—SELECT COMMITTEE ON THE CONDUCT AND PROGRESS OF THE OMBUDSMAN’S INQUIRY “OPERATION PROSPECT”

Question put and passed.

Mr Brown then moved: That private members’ business item no. 2121 outside the order of precedence be called on forthwith.

Question put and passed.

30 SELECT COMMITTEE ON THE CONDUCT AND PROGRESS OF THE OMBUDSMAN’S INQUIRY “OPERATION PROSPECT”

Order of the day read for resumption of the interrupted debate of the question on the motion of Mr Brown:

1. That a select committee be established to inquire into and report on the conduct and progress of the Ombudsman’s Inquiry titled Operation Prospect, and in particular:

(a) the use by the Ombudsman of secrecy provisions contained in sections 19A, 19B and 19C of the Ombudsman Act 1974,

(b) the impact on the NSW Police Force of the Ombudsman’s Inquiry titled Operation Prospect,

(c) consideration of Police and NSW Crime Commission Operation Mascot and Police Integrity Commission Operation Florida and Police Strike Force Emblems, and

(d) any other related matter

278 Legislative Council Minutes No. 17—Wednesday 12 November 2014

2. That, notwithstanding anything to the contrary in the standing orders, the committee consist of seven members comprising:

(a) three Government members,

(b) two Opposition members, and

3. That the Chair of the committee be Mr Borsak and the Deputy Chair be Mr Shoebridge.

4. 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.

(a) the Chair is present in the meeting room,

(b) all members are able to speak and hear each other at all times, and

(a) New South Wales Legislative Council Practice, at pages 512-516,

(b) Odgers’ Australian Senate Practice, 13th edition, at page 66,

(d) the Solicitor General and Ms Mitchelmore of Counsel in a legal opinion provided directly to the Government on 9 April 2014 and tabled in the House on 6 May 2014.

8. That the committee report by 25 February 2015.

Upon which Mr Gay has moved: That the question be amended by omitting paragraph 1 (b), (c) and (d).

Debate resumed.

Question put: That the amendment of Mr Gay be agreed to.

The House divided.

279 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Ayes 18

Mr Ajaka Mr Gallacher Mrs Maclaren-Jones Mr Blair Miss Gardiner Mr Mason-Cox Mr Clarke Mr Gay Mrs Mitchell Mr Colless * Mr Khan Mrs Pavey Ms Cusack Mr Lynn Mr Pearce Ms Ficarra Mr MacDonald Dr Phelps *

* Tellers

Noes 22

Ms Barham Mr Foley Mr Shoebridge Mr Borsak Dr Kaye Mr Veitch Mr Brown Mr Moselmane Ms Voltz * Mr Buckingham Revd Mr Nile Ms Westwood Ms Cotsis Mr Primrose Mr Whan Mr Donnelly Mr Searle Mr Wong Dr Faruqi Mr Secord Ms Fazio * Ms Sharpe * Tellers

Question resolved in the negative.

Original question put.

The House divided.

Ayes 22

Noes 18

* Tellers

Question resolved in the affirmative.

280 Legislative Council Minutes No. 17—Wednesday 12 November 2014

31 PAPER—TABLED BY MINISTER

Mr Mason-Cox, according to the Annual Reports (Statutory Bodies) Act 1984, tabled a report of Independent Liquor and Gaming Authority for year ended 30 June 2014.

Ordered: That the report be printed.

32 ABORIGINAL LAND RIGHTS AMENDMENT BILL 2014

On the order of the day being read, Mrs Pavey (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

______

Distinguished visitors

The Deputy President (Mrs Mitchell) welcomed into the President’s gallery Mr Juris Greste, Mrs Lois Greste and Mr Michael Greste, family of Mr Peter Greste, and their lawyer Mr Rick Mitry. ______

Debate continued.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Tuesday 4 November 2014—

Bill, on motion of Mr Ajaka, read a third time.

Bill returned to the Legislative Assembly without amendment.

33 SURVEILLANCE DEVICES AMENDMENT (POLICE BODY-WORN VIDEO) BILL 2014

On the order of the day being read, Mr Clarke (on behalf of Mr Ajaka) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

The Deputy President (Mrs Maclaren-Jones) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill with an amendment.

281 Legislative Council Minutes No. 17—Wednesday 12 November 2014

The House adopted the report.

Standing orders having been suspended Wednesday 5 November 2014—

Bill, on motion of Mr Clarke, read a third time.

Bill returned to the Legislative Assembly with the following amendment in which the concurrence of the Legislative Assembly was requested.

SURVEILLANCE DEVICES AMENDMENT (POLICE BODY-WORN VIDEO) BILL 2014 ______

Schedule of the amendment referred to in the Legislative Council’s message of 12 November 2014.

No. 1 Oppn no. 1 [c2014-141B] Page 4, Schedule 1. Insert after line 19: [9] Section 64 Insert after section 63: 64 Review of Surveillance Devices Amendment (Police Body- Worn Video) Act 2014 (1) The Secretary of the Department of Justice or delegate is to review the operation of the provisions of this Act inserted by the Surveillance Devices Amendment (Police Body-Worn Video) Act 2014. (2) The review is to be undertaken as soon as practicable after the period of 12 months from the operational commencement of that Act. (3) The Secretary or delegate is to prepare a report of the review under this section and furnish a copy of the report to the Minister as soon as practicable after the expiration of that 12- month period. (4) The Minister is to lay (or cause to be laid) a copy of any report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.

34 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—VALUATION OF LAND AMENDMENT BILL 2014

The Deputy President (Mrs Maclaren-Jones) reported the following message from the Legislative Assembly:

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Valuation of Land Act 1916 to make further provision for the assumptions to be made in determining land value” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

Bill, on motion of Mr Mason-Cox, read a first time and ordered to be printed.

282 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Mr Mason-Cox moved, according to contingent notice: That standing orders be suspended to allow the passing of the bill through all its remaining stages during the present or any one sitting of the House.

Question put and passed.

Ordered: That the second reading of the bill stand an order of the day for a later hour of the sitting.

35 BUSINESS POSTPONED

Orders of the day nos 3 to 12 on the Notice Paper of government business postponed, on motion of Mr Mason-Cox, until a later hour of the sitting.

36 ORDER DISCHARGED—PAYROLL TAX REBATE SCHEME (JOBS ACTION PLAN) AMENDMENT (FRESH START SUPPORT) BILL 2014

On the order of the day being read Mr Mason-Cox moved: That the order of the day for resumption of the second reading debate on the Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014 be discharged from the Notice Paper.

Question put and passed.

Order discharged.

Mr Mason-Cox then moved: That the following message be forwarded to the Legislative Assembly:

Madam SPEAKER

The Legislative Council desires to inform the Legislative Assembly that it has this day discharged the order of the day for the second reading of the Payroll Tax Rebate Scheme (Jobs Action Plan) Amendment (Fresh Start Support) Bill 2014.

Legislative Council NATASHA MACLAREN-JONES 12 November 2014 Deputy President

Question put and passed.

37 PAYROLL TAX REBATE SCHEME (JOBS ACTION PLAN) AMENDMENT (FRESH START SUPPORT) BILL 2014 (NO 2)

On the order of the day being read, Mr Mason-Cox moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended this day—

Bill, on motion of Mr Mason-Cox, read a third time.

283 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Bill returned to the Legislative Assembly without amendment.

38 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The Deputy President (Mr Khan) reported the following messages from the Legislative Assembly:

(1) Fisheries Management Amendment Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Fisheries Management Act 1994 to make further provision for the management of fishery resources” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

(2) Pesticides Amendment Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Pesticides Act 1999 to make further provision with respect to the licensing of activities involving pesticides, to implement certain nationally agreed reforms and to improve the administration and enforceability of the Act; and to make consequential amendments to certain other legislation” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 12 November 2014 Speaker

Leave granted for procedural motions for the first reading, printing, suspension of standing orders and fixing of sitting day for second reading to be dealt with on one motion without formalities.

Bills, on the motion of Mr Blair read a first time, printed, standing orders suspended on contingent notice for remaining stages and second reading of the bills set down as orders of the day for a later hour of the sitting.

39 MOTOR ACCIDENTS (LIFETIME CARE AND SUPPORT) AMENDMENT BILL 2014

On the order of the day being read, Mr Blair (on behalf of Mr Mason-Cox) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

Leave granted to proceed to the third reading of the bill forthwith.

Standing orders having been suspended Thursday 6 November 2014—

Bill, on motion of Mr Blair, read a third time.

284 Legislative Council Minutes No. 17—Wednesday 12 November 2014

Bill returned to the Legislative Assembly without amendment.

40 LIQUOR LEGISLATION AMENDMENT (STATUTORY REVIEW) BILL 2014

On the order of the day being read, Mr Blair (on behalf of Mr Gay) moved: That this bill be now read a second time.

Leave granted for the mover’s second reading speech to be incorporated in Hansard.

Debate ensued.

Question put and passed.

Bill read a second time.

The Deputy President (Mr Khan) left the Chair and the House sat as a committee of the whole for consideration of this bill.

The committee reported the bill without amendment.

The House adopted the report.

Standing orders having been suspended Tuesday 4 November 2014—

Bill, on motion of Mr Blair, read a third time.

Bill returned to the Legislative Assembly without amendment.

41 LOCAL GOVERNMENT AMENDMENT (ELECTIONS) BILL 2014

On the order of the day being read, Mr Mason-Cox moved: That this bill be now read a second time.

Mr Mason-Cox sought the leave of the House to have his second reading speech incorporated in Hansard.

Objection taken.

Leave not granted.

Debate ensued.

Leave granted for the remainder of the mover’s second reading speech to be incorporated in Hansard.

Debate continued.

______

According to sessional order, proceedings interrupted at 10.00 pm for adjournment. ______

The House continued to sit. ______

Debate continued.

Motion made (Dr Phelps) and question: That this debate be now adjourned until next sitting day—put and passed.

285 Legislative Council Minutes No. 17—Wednesday 12 November 2014

42 RETURN TO ORDER—PLANNING IN NEWCASTLE AND THE HUNTER

The Clerk informed the House that on Friday 7 November 2014 he had received from Dr Faruqi written correspondence which included a list of documents not provided in the return to order regarding planning in Newcastle and the Hunter received on Thursday 6 November 2014.

The Clerk advised that he has subsequently wrote to the General Counsel of the Department of Premier and Cabinet forwarding a copy of Dr Faruqi’s correspondence and seeking a response.

The Clerk then tabled correspondence received this day from the Deputy General Counsel of the Department of Premier and Cabinet advising that Transport for NSW had reviewed its files to determine whether it held any documents, other than Cabinet documents, that fell within the terms of the order and confirmed that it had nothing further to provide.

43 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

Question put and passed.

The House adjourned at 11.24 pm until Thursday 13 November 2014 at 9.30 am.

44 ATTENDANCE

All members present, except Mr Green.

David Blunt Clerk of the Parliaments

______

Authorised by the Parliament of New South Wales