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LEGISLATIVE COUNCIL

MINUTES OF PROCEEDINGS

No. 202

WEDNESDAY 28 MAY 2014

Contents

1 Meeting of the House ...... 2545 2 Message from the Legislative Assembly—Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 ...... 2545 3 Independent Commission Against Corruption—Report ...... 2545 4 2014 Police Association of NSW Biennial Conference (Formal Business) ...... 2545 5 FINA World Youth Water Polo Championships (Formal Business) ...... 2546 6 Select Committee on home schooling (Formal Business) ...... 2546 7 Suicide Prevention (Formal Business) ...... 2547 8 NSW State of Origin Team (Formal Business) ...... 2548 9 Notices of Motions ...... 2548 10 Business Postponed ...... 2548 11 Road Transport Amendment (Alcohol and Drug Testing) Bill 2014 ...... 2549 12 Disability Inclusion Bill 2014 ...... 2549 13 Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 ...... 2549 14 Business Postponed ...... 2550 15 Home Building Amendment Bill 2014 ...... 2550 16 Questions ...... 2550 17 Messages from the Legislative Assembly ...... 2550 (1) Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014 ...... 2550 (2) Statute Law (Miscellaneous Provisions) Bill 2014 ...... 2550 18 Education Amendment (Government Schools) Bill 2014 ...... 2551 19 Personal Explanation ...... 2551 20 Home Building Amendment Bill 2014 ...... 2551 21 Crimes Amendment (Strangulation) Bill 2014 ...... 2552 22 Paper—Tabled by Minister ...... 2552 23 Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 ...... 2552 24 Message from the Legislative Assembly—Trade and Investment Cluster Governance (Amendment and Repeal) Bill 2014 ...... 2553 25 Crimes (Domestic and Personal Violence) Amendment (Information Sharing) BILL 2014 ...... 2553 26 Statute Law (Miscellaneous Provisions) Bill 2014 ...... 2553 27 Business Postponed ...... 2553 28 Law Enforcement (Powers and Responsibilities) Amendment Bill 2014 ...... 2553 29 Trade and Investment Cluster Governance (Amendment and Repeal) Bill 2014 ...... 2554

2544 Legislative Council Minutes No. 202—Wednesday 28 May 2014

30 Advocate for Children and Young People Bill 2014 ...... 2554 31 Adjournment ...... 2554 32 Attendance ...... 2554

2545 Legislative Council Minutes No. 202—Wednesday 28 May 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—RACING ADMINISTRATION AMENDMENT (SPORTS BETTING NATIONAL OPERATIONAL MODEL) BILL 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 amend the Racing Administration Act 1998 to regulate betting on sporting events in line with the National Policy on Match- Fixing in Sport; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 27 May 2014 Speaker

Bill, on motion of Mr Gay (on behalf of Mr Mason-Cox), 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 INDEPENDENT COMMISSION AGAINST CORRUPTION—REPORT

The President, according to the Independent Commission Against Corruption Act 1988, tabled a report of the Independent Commission Against Corruption entitled “Investigation into the conduct of the Commissioner of the NSW State Emergency Service”, dated May 2014.

The President announced that under the Act the report was authorised to be made public this day.

Ordered, on motion of Mr Gay: That the report be printed.

4 2014 POLICE ASSOCIATION OF NSW BIENNIAL CONFERENCE (Formal Business)

Revd Mr Nile moved, according to notice: That this House:

(a) commends the New South Wales Police Commissioner for the successful 2014 Police Association of New South Wales Biennial Conference from 12 to 15 May 2014 at the Crowne Plaza, Terrigal, which was attended by the Honourable Mike Baird, New South Wales Premier, the Honourable Stuart Ayres, Minister for Police and Emergency Services, the Honourable John Robertson MP, Leader of Opposition, Michael Daley MP, Shadow Minister for Police and Emergency Services and Reverend the Honourable Fred Nile MLC, leader of the Christian Democratic Party,

(b) in particular notes the successful salary agreement which was endorsed by over 80 per cent of New South Wales police officers in their recent ballot, and

(c) congratulates the New South Wales Police Association executives on all its members being re- elected at the recent elections, including Mr Scott Weber, President, Mr Patrick Gooley, Vice President, Mr Tony King, Treasurer, Oliver Behrens, Michael Aalders, Allanah Anson, Ian Johnstone, Craig Sowinksi, Nathan Doyle, Dean Koenig, Brett Henderson-Smith, Mick Connor,

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Jason Hogan, Robert Dunn, Stephen McDonald, Melissa Cooper, Gerry O’Connor and Michael Buko.

Question put and passed.

5 FINA WORLD YOUTH WATER POLO CHAMPIONSHIPS (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) the FINA World Youth Water Polo Championship will be held in Turkey between 2 and 10 August 2014,

(b) those selected to represent Australia include: Josh Zekulich, Jack Bell, Tim Teeves, Angus Lambie, Alex Bogunovich, Lach Pethick, Kieran Mulcahy, Luke Pavillard, James Smith, Chris Perrot, Rhys Holden, Keenan Marsedn and Mitch Marsden, and

(c) the following officials have been selected to accompany the team: Andrew Yanitsas, Head Coach, Mark Salmon, Strength and Conditioning, and Daniel Bartels, Referee.

2. That this House congratulates and commends all those selected in Australia Youth Boys team to compete at the FINA World Youth Championships in Turkey and conveys its best wishes for a successful championship.

Question put and passed.

6 SELECT COMMITTEE ON HOME SCHOOLING (Formal Business)

Revd Mr Nile moved, according to notice:

1. That a Select Committee be established to inquire into and report on home schooling in New South Wales, and in particular:

(a) the background of home schooling including comparison of practices with other jurisdictions in Australia and New Zealand,

(b) the current context of home schooling in New South Wales including: (i) outcomes of home schooling including in relation to transition to further study and work, (ii) financial costs, (iii) demographics and motivation of parents to home school their children, (iv) extent of and reasons for unregistered home schoolers, (v) characteristics and educational needs of home schooled children, (vi) comparison of home schooling to school education including distance education,

(c) regulatory framework for home schooling including: (i) current registration processes and ways of reducing the number of unregistered home schoolers, (ii) training, qualifications and experience of authorised persons, (iii) adherence to delivery of the New South Wales Syllabuses, (iv) potential benefits or impediments to children’s safety, welfare and wellbeing, (v) appropriateness of the current regulatory regime and ways in which it could be improved,

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(d) support issues for home schooling families and barriers to accessing support,

(e) representation of home schoolers within Board of Studies, Teaching and Educational Standards (BoSTES), and

(f) 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

(c) two crossbench members, being Mr Paul Green and Dr John Kaye.

3. That the Chair of the Committee be Mr Paul Green and the Deputy Chair be Dr John Kaye.

4. That 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

(c) a member may not participate by electronic communication in a meeting to consider a draft report.

6. That the Committee report by the last sitting day in November 2014.

Question put and passed.

7 SUICIDE PREVENTION AUSTRALIA (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that:

(a) suicide is a leading cause of death for young Australians and is the leading cause of death for males aged 25–44 years and females aged 25–34 years,

(b) Suicide Prevention Australia Incorporated (SPA) is the national peak body for the suicide prevention sector and SPA is a not for profit organisation representing a broad-based membership of organisations and individuals with a commitment to suicide prevention and that as the backbone organisation of the National Coalition for Suicide Prevention (NCSP) SPA works to prevent suicide by supporting its members to build a stronger suicide prevention sector, developing collaborative partnerships to raise awareness and undertake public education; and advocating for a better policy and funding environment,

(c) on Friday 20 June 2014, various athletes and identities will be participating in Plebs, Pros and Personalities 24-hour treadmill run for Suicide Prevention to raise money and awareness for suicide prevention, those who have already committed to taking part in the run include: Reni Maitua, Sonny Bill Williams, , Colin Fassnidge, Shannon

2548 Legislative Council Minutes No. 202—Wednesday 28 May 2014

Ponton, Tim Gilbert, Karl Stefanovic, Chelsea Pitman, Jason Clark, John Sutton, Shaun Kenny Dowell, Anthony Minichello, , Luke Carroll, Darcy Lussick, Braith Anasta, Jodi Anasta, , Mitchell Pearce, Aaron Woods, Aiden Guerra, , Cory Paterson, Renee Gartner, Kate Hollywood, Bec Wilcock, Mike Whitney, Mario Fenech, Wendall Sailor, Bryan Fletcher, Andrew Johns, , Brad Fittler, David Gillespie, Ty Kennelley, Darren Brown, James Segeyaro, Josh Mansour, Isaac John, Eric Grothe Jnr, Mitch Allgood, Josh Reynolds, David Klemmer, Ryan Clark & the bondi rescue crew, Nash Rawiller, Moses Mbye, Dally Cherry Evans, Jamie Buhrer, Justin Horo, Mat Rogers, Chloe Maxwell, Matt Thistlethwaite MP, Michael Daley MP, Nathan Gardiner, Michael Liicha, Legends Football League Girls and Sydney Kings basketballers,

(d) the organisers of the event are Mr Aaron More and Mr Ben Higgs, and

(e) the sponsors of the event are FTW, Body Science, NRL: What’s your state of mind? and Canterbury Bankstown Bulldogs.

2. That this House congratulates and commends:

(a) Suicide Prevention Australia for its outstanding efforts to prevent suicide and raise awareness of this serious issues affecting Australian society,

(b) the organisers of the event, Mr Aaron More and Mr Ben Higgs for their dedication and outstanding service to the community in raising awareness of suicide and funds to help address this serious issue, and

(c) sponsors of the event.

Question put and passed.

8 NSW STATE OF ORIGIN TEAM (Formal Business)

Ms Ficarra moved, according to notice:

1. That this House notes that the New South Wales State of Origin Team for Game 1 has been selected, consisting of: Jarryd Hayne, Brett Morris, Josh Morris, Michael Jennings, , Josh Reynolds, Trent Hodkinson, Aaron Woods, , , , , , , , , and Tony Williams.

2. That this House commends and congratulates those players selected to represent New South Wales in the State of Origin and wishes them well in their first game.

Question put and passed.

9 NOTICES OF MOTIONS

10 BUSINESS POSTPONED

Notices of motions nos 2 and 3 on the Notice Paper of government business postponed, on motion of Mr Gay, until a later hour of the sitting.

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11 ROAD TRANSPORT AMENDMENT (ALCOHOL AND DRUG TESTING) BILL 2014

Mr Gay moved, according to notice: That leave be given to bring in a bill for an Act to amend the Road Transport Act 2013 and the Marine Safety Act 1998 to make further provision with respect to alcohol and drug testing; and for other purposes.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Gay then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Mr Searle) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

12 DISABILITY INCLUSION BILL 2014

Mr Ajaka moved, according to notice: That leave be given to bring in a bill for an Act relating to the accessibility of mainstream services and facilities, the promotion of community inclusion and the provision of funding, support and services for people with disability; and for other purposes.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Ajaka then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Mr Veitch) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

13 MUTUAL RECOGNITION (AUTOMATIC LICENSED OCCUPATIONS RECOGNITION) BILL 2014

Mr Mason-Cox moved, according to notice: That leave be given to bring in a bill for an Act to provide for the automatic recognition of the licensing of certain occupations in other jurisdictions, and for other purposes.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Mason-Cox then moved: That this bill be now read a second time.

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Debate ensued.

Motion made (Ms Voltz) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

14 BUSINESS POSTPONED

Orders of the day nos 1 to 8 on the Notice Paper of government business postponed, on motion of Mr Mason-Cox, until a later hour of the sitting.

15 HOME BUILDING AMENDMENT BILL 2014

Order of the day read for resumption of the adjourned debate of the question on the motion of Mr Mason- Cox: That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

Ordered: That consideration of the bill in committee of the whole stand an order of the day for a later hour of the sitting.

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

16 QUESTIONS

17 MESSAGES FROM THE LEGISLATIVE ASSEMBLY

The President reported the following messages from the Legislative Assembly:

(1) Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to amend the Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2013 to facilitate the sharing of personal information and health information about victims and perpetrators of domestic violence for the purposes of providing domestic violence support services to those victims; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 28 May 2014 Speaker

(2) Statute Law (Miscellaneous Provisions) Bill 2014

Mr PRESIDENT

The Legislative Assembly having this day passed a Bill with the long title “An Act to repeal certain Acts and to amend certain other Acts and instruments in various respects and for the purpose of effecting

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statute law revision; and to make certain savings” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 28 May 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 motion of Mr Gay (on behalf of Mr Ajaka), 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.

18 EDUCATION AMENDMENT (GOVERNMENT SCHOOLS) BILL 2014

Mr Ajaka moved, according to notice: That leave be given to bring in a bill for an Act to amend the Education Act 1990 to require the Board of Studies, Teaching and Educational Standards to provide certain advice to the Minister in relation to government schools.

Question put and passed.

Bill presented.

Bill read a first time and ordered to be printed.

Mr Ajaka then moved: That this bill be now read a second time.

Debate ensued.

Motion made (Mr Secord) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

19 PERSONAL EXPLANATION

Mr Secord, by leave, proceeded to make a personal explanation concerning a statement made about him during Question Time this day.

Objection taken.

Leave withdrawn.

20 HOME BUILDING AMENDMENT BILL 2014

On the order of the day being read, 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 without amendment.

The House adopted the report.

Standing orders having been suspended Wednesday 14 May 2014—

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

Bill returned to the Legislative Assembly without amendment.

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21 CRIMES AMENDMENT (STRANGULATION) 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 Mitchell) 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 27 May 2014—

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

Bill returned to the Legislative Assembly without amendment.

22 PAPER—TABLED BY MINISTER

Mr Clarke, according to the Child Protection (Offenders Registration) Act 2000, tabled a report of the Ministry for Police and Emergency Services entitled “Statutory Review of the Child Protection (Offenders Registration) Act 2000”, dated December 2013.

23 RACING ADMINISTRATION AMENDMENT (SPORTS BETTING NATIONAL OPERATIONAL MODEL) BILL 2014

On the order of the day being read, Mr Gay (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 this day—

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

Bill returned to the Legislative Assembly without amendment.

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24 MESSAGE FROM THE LEGISLATIVE ASSEMBLY—TRADE AND INVESTMENT CLUSTER GOVERNANCE (AMENDMENT AND REPEAL) BILL 2014

The Deputy President (Mr Khan) 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 dissolve certain statutory bodies and provide for the transfer of their assets, rights, liabilities and functions; and for other purposes” presents the bill to the Legislative Council for its concurrence.

Legislative Assembly SHELLEY HANCOCK 28 May 2014 Speaker

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

Mr Ajaka 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.

25 CRIMES (DOMESTIC AND PERSONAL VIOLENCE) AMENDMENT (INFORMATION SHARING) BILL 2014

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

Debate ensued.

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

26 STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2014

On the order of the day being read, 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.

Motion made (Ms Voltz) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

27 BUSINESS POSTPONED

Order of the day no. 11 on the Notice Paper of government business postponed, on motion of Mr Ajaka, until a later hour of the sitting.

28 LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT BILL 2014

On the order of the day being read, 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.

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Motion made (Ms Voltz) and question: That this debate be now adjourned until five calendar days ahead—put and passed.

29 TRADE AND INVESTMENT CLUSTER GOVERNANCE (AMENDMENT AND REPEAL) BILL 2014

On the order of the day being read, Mr Ajaka (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.

Motion made (Ms Voltz) and question: That this debate be now adjourned until a later hour of the sitting—put and passed.

30 ADVOCATE FOR CHILDREN AND YOUNG PEOPLE BILL 2014

On the order of the day being read, Ms Cusack (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.

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

31 ADJOURNMENT

Mr Gay moved: That this House do now adjourn.

Debate ensued.

Ms Sharpe, by leave, incorporated the remainder of her adjournment speech in Hansard.

Debate continued.

Question put and passed.

The House adjourned at 10.38 pm until Thursday 29 May 2014 at 9.30 am.

32 ATTENDANCE

All members present, except Mr MacDonald.

David Blunt Clerk of the Parliaments

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Authorised by the Parliament of New South Wales