Legislative Council Minutes of Proceedings

Total Page:16

File Type:pdf, Size:1020Kb

Legislative Council Minutes of Proceedings WESTERN AUSTRALIA LEGISLATIVE COUNCIL MINUTES OF PROCEEDINGS No. 25 TUESDAY, NOVEMBER 14 2000 1. Meeting of Council The Council assembled at 3.30pm pursuant to order. The President, Hon George Cash, took the Chair and read prayers. 2. Petition Hon Ed Dermer presented a petition from 593 residents of Western Australia opposing the amendment to the Metropolitan Region Scheme Amendment No. 1012/33 with regard to North West Districts Omnibus No. 4 being the Scarborough Senior High School site. (Table paper 508). 3. Papers The following Papers were laid on the Table by - President Annual Reports - 1999-2000 - Office of the Information Commissioner (Freedom of Information) (Date received 13/11/2000) ..................................................................................................... 487 Leader of the House Annual Reports - 1999-2000 - Building and Construction Industry Training Board (Date received 13/11/2000) ...................... 488 Goldfields Esperance Development Commission (Date received 13/11/2000) .......................... 489 Independent Gas Pipelines Access Regulator Gas Disputes Arbitrator (OffGAR) (Date received 10/11/2000) ........................................................................... 490 Western Australian Tourism Commission (Date received 10/11/2000)...................................... 491 Regulations - Electoral Act 1907 (Amendment Regs #3 2000 G.G.10/11/2000)................................................... 492 Rules - Western Australian Trotting Association Act 1946 (Rules of Harness Racing 1999 - Notice of Amendment G.G.10/11/2000) ............................................................................ 493 238 Minister for Transport Annual Reports - 1999-2000 - Agriculture Protection Board of Western Australia (Date received 13/11/2000) ....................... 494 Geraldton Port Authority (Date received 10/11/2000) ................................................................ 495 Local Laws - Cemeteries Act 1986 (Shire of East Pilbara Local Law G.G.10/11/2000) ........................................ 496 Dog Act 1976 (City of Nedlands Local Law G.G.10/11/2000) ........................................................ 497 Local Government Act 1995 (Coolgardie, Perth, East Pilbara x 2 & Nedlands Local Laws G.Gs.6 & 10/11/2000)............................................................................................ 498 Orders - Water Services Coordination Act 1995 (South West Region Controlled Area Drainage Services Order 2000 G.G.7/11/2000) ................................................................................ 499 Attorney General Annual Reports - 1999-2000 - Zoological Gardens Board (Perth Zoo) (Date received 13/11/2000) ........................................... 500 Local Laws - Health Act 1911 (Shire of East Pilbara Amendment Local laws 2000 G.G.10/11/2000) ....................... 501 Orders - Environmental Protection Act 1986 (Bellringing and Calls to Worship Revocation Order 2000 G.G.7/11/2000) ............................................................................................ 502 Regulations - Environmental Protection Act 1986 (Noise Amendment Regs 2000 G.G.7/11/2000) ..................... 503 Trustee Companies Act 1987 (Designation of Trustee Companies Regs 2000 G.G.7/11/200).............................................................................................................. 504 Reports - Western Australian Treasury Corporation Quarterly Report for the Quarter ended September 30 2000 ....................................................................................... 505 Rules - Psychologists Registration Act 1976 (Amendment Rules #2 2000 G.G.7/11/2000)........................ 506 Parliamentary Secretary to the Minister for Education Annual Reports - 1999-2000 - Curriculum Council ((Date received 13/11/2000) ....................................................................... 507 4. Standing Committee on Constitutional Affairs - Fifty-Ninth Report - A Petition Requesting Action to Cut Fuel Costs Hon Murray Nixon presented the Fifty-Ninth Report of the Standing Committee on Constitutional Affairs in relation to a Petition Requesting Action to Cut Fuel Costs. (Table paper 509). Hon Murray Nixon moved, That the Report do lie upon the Table and be printed. Question - put and passed. 239 5. Select Committee into the Finance Broking Industry in Western Australia - Special Report - Summons to Produce Documents Issued Pursuant to Section 5 of the Parliamentary Privileges Act 1891 Hon Ken Travers presented a Special Report of the Select Committee into the Finance Broking Industry in Western Australia in relation to the Summons to Produce Documents Issued Pursuant to Section 5 of the Parliamentary Privileges Act 1891. (Table paper 510). Hon Ken Travers moved, That the Report do lie upon the Table and be printed. Question - put and passed. Ordered - That consideration of the report be made an Order of the Day for the next sitting. 6. Matter of Urgency - Government’s Proposed Response to the Adverse Seasonal Conditions in the Western Australian Wheatbelt The President read the following letter - At today’s sitting it is my intention to move under SO 72 that the House, at its rising, adjourn until 9.00am on December 25 2000 to consider the Government’s proposed response to the adverse seasonal conditions in the Western Australian Wheatbelt and, in particular, to consider the decision to apply a $7 to $10 million subsidy to farmers in inverse proportion to their need as a result of the drought. Yours sincerely Hon Kim Chance Member for Agricultural Region Four members having risen in support. Hon Kim Chance then moved, That the House at its rising adjourn until 9.00am on December 25 2000. Debate ensued. Interruption of Debate - One hour having elapsed after the time fixed for the meeting of the House, the President announced that leave of the House would be necessary to enable the debate to continue. Leave denied. 7. City of Wanneroo - Amendment to Parking Local Law - Disallowance - Discharge from Notice Paper Hon Tom Helm moved, without notice - That Order of the Day No. 3, City of Wanneroo - Amendment to Parking Local Law - Disallowance, be discharged from the Notice Paper. Question - put and passed. 8. Nuclear Activities (Prohibition) Bill 2000 Hon Giz Watson pursuant to notice, moved - That a Bill for “An Act to prohibit in Western Australia certain activities associated with the nuclear fuel chain, and for related purposes” be introduced and read a first time. Question - put and passed. Bill read a first time. The Hon Giz Watson moved, That the Bill be now read a second time. On the motion of Hon Muriel Patterson the debate was adjourned to the next sitting. 9. Order of Business Ordered - That Orders of the Day Nos 8, 9, 10 and 11 be taken before Order of the Day No. 1. (Leader of the House). 240 10. Sentencing Amendment Bill 2000 The Order of the Day having been read for the third reading of this Bill. The Attorney General moved, That the Bill be now read a third time. The President having reported that the Chairman of Committees had certified that the fair print of the Bill was in accordance with the Bill as agreed to in Committee, and reported. Debate ensued. Question - put. The House divided. Ayes (16) Hon Murray Criddle Hon N F Moore Hon D M Davies Hon Mark Nevill Hon Bruce Donaldson Hon Murray Nixon Hon Max Evans Hon Simon O’Brien Hon Peter Foss Hon Barbara Scott Hon Ray Halligan Hon Greg Smith Hon Barry House Hon W N Stretch Hon Murray Montgomery Hon Muriel Patterson (Teller) Noes (15) Hon Kim Chance Hon Norm Kelly Hon John Cowdell Hon Ljiljanna Ravlich Hon Cheryl Davenport Hon Christine Sharp Hon Ed Dermer Hon Tom Stephens Hon Graham Giffard Hon Ken Travers Hon Nick Griffiths Hon Giz Watson Hon Tom Helm Hon Bob Thomas (Teller) Hon Helen Hodgson Question thus passed. Bill read a third time and passed. 11. Questions Without Notice Questions without notice were asked by Hon Tom Stephens, Hon Nick Griffiths, Hon Jim Scott, Hon Helen Hodgson, Hon Bruce Donaldson, Hon Ed Dermer, Hon John Cowdell, Hon Ljiljanna Ravlich, Hon Tom Helm, Hon Giz Watson, Hon Norm Kelly and Hon Christine Sharp. The Minister for Transport tabled documents in relation to the Tenindewa-Binnu Route Development Study by Main Roads Western Australia dated November 1988 in response to a question without notice asked by Hon Tom Stephens. (Tabled paper 511). 12. Native Title Legislation - Western Australian Senators’ Support Motion No. 6 having been called. Hon Ray Halligan, by leave, withdrew the motion standing in his name. Hon Ray Halligan then moved - That this House condemns those Senators, and particularly those Senators representing Western Australia, who voted to disallow the Native Title (State Provisions) Bill, passed by this Parliament in 1999, as this legislation represented a significant opportunity for this State to resolve a number of the ongoing problems associated with Native Title in Western Australia. 241 Point of Order Hon Tom Stephens raised the following Point of Order - I remember a Standing Order about language used in reference to other Houses of Parliament. Does the use of the word “condemns” comply with our Standing Orders in reference to the way we deal with other Houses of Parliament? President’s Ruling The President ruled as follows - This is a serious matter to which I have had to give some thought. The Leader of the Opposition is correct inasmuch as a comity is required between the Houses of Parliament, whether it be the Legislative
Recommended publications
  • P977a-979A Hon Bruce Donaldson; Hon Graham Giffard; Hon Ken Travers
    Extract from Hansard [COUNCIL - Tuesday, 12 September 2000] p977a-979a Hon Bruce Donaldson; Hon Graham Giffard; Hon Ken Travers STATE WORKPLACE AGREEMENTS Motion Resumed from 7 September on the following motion moved by Hon N.F. Moore (Leader of the House) - That this House calls on the Opposition to repudiate demands by the union movement and the federal Australian Labor Party to scrap state workplace agreements and acknowledge that its opposition to state workplace agreements since 1993 has been ideologically driven and dictated by the union movement. HON B.K. DONALDSON (Agricultural) [4.13 pm]: I am pleased to return to this motion. I will refer to an article from The Australian dated 18 August 2000. The headline states “Gallop faces showdown with unions". It is an interesting article because it states - The Labor caucus supported Dr Gallop and his labour relations spokesman John Kobelke on a commitment to repeal the Government's workplace agreements legislation, but replace it with new laws allowing a modified form of individual contracts. It continues - Lay members last week passed a motion backing federal Opposition Leader Kim Beazley in his opposition to individual contracts and called on Dr Gallop to do the same. It continues - The motion is expected to be forwarded to Labor's 17-strong administration committee, which will decide whether it will be put to the next state executive meeting in Kalgoorlie on August 28. I wonder if that meeting was held. To continue - Some senior members want the debate delayed until the next meeting in Perth on September 18, when more delegates will be able to attend.
    [Show full text]
  • 14 February 2006
    ORDINARY MEETING OF COUNCIL (i) TOWN OF VINCENT 14 FEBRUARY 2006 MINUTES INDEX (14 FEBRUARY 2006) ITEM REPORT DESCRIPTION PAGE 10.1 ENVIRONMENTAL AND DEVELOPMENT SERVICES 10.1.1 Further Report - No. 545 (Lot 1 D/P: 4027) Fitzgerald Street (corner Ruby 185 Street), North Perth - Proposed Additional Two-Storey Single House to Existing Single House - Reconsideration of Carport Condition (North Perth Precinct) PRO2448 (5.2005.3192.1) 10.1.2 No. 169 (Lot 14 D/P: 672) Harold Street, Highgate - Proposed Two-Storey 13 (2) Single House (Hyde Park Precinct) PRO3370 (5.2005.3260.1) 10.1.3 No. 167 (Lot 15 D/P: 672) Harold Street, Highgate - Proposed Two-Storey 208 Single House Hyde Park Precinct) PRO3197 (5.2005.3230.1) Due to the lateness of the hour, this Item was not considered or determined. 10.1.4 No.163 (Lot 65 D/P: 44503) Harold Street, Highgate- Proposed Two Storey 212 Single House (Forrest Precinct) PRO2925 (5.2005.3305.1) Due to the lateness of the hour, this Item was not considered or determined. 10.1.5 No. 313 (Lot 5 D/P: 2600) Walcott Street, North Perth- Proposed Additional 142 Two-Storey Grouped Dwelling to Existing Single House (North Perth Precinct) PRO2609 (5.2005.3309.1) 10.1.6 No. 241 (Lots 100 and 101 D/P: 63744) Beaufort Street, Perth- Proposed 137 Conservatory Addition to Existing Single House (Beaufort Precinct) PRO3344 (5.2005.3211.1) 10.1.7 No. 1 (Lot 319 D/P: 2001) Leslie Street, Mount Lawley - Proposed 133 Alterations and Additions to Existing Single House (Banks Precinct) PRO3401 (5.2005.3307.1) 10.1.8 No.
    [Show full text]
  • Investigation of Alleged Public Sector Misconduct in Connection with the Activities of Lobbyists and Other Persons
    CORRUPTION AND CRIME COMMISSION REPORT ON THE INVESTIGATION OF ALLEGED PUBLIC SECTOR MISCONDUCT IN CONNECTION WITH THE ACTIVITIES OF LOBBYISTS AND OTHER PERSONS THE HON ANTHONY DAVID MCRAE MLA AND MR REWI EDWARD LYALL 21 November 2008 ISBN: 978 0 9805050 1 6 © 2008 Copyright in this work is held by the Corruption and Crime Commission. Division 3 of the Copyright Act 1968 (Commonwealth) recognises that limited further use of this material can occur for the purposes of “fair dealing”, for example, study, research or criticism. Should you wish to make use of this material other than as permitted by the Copyright Act 1968, please write to the Corruption and Crime Commission at the postal address below. This report and further information about the Corruption and Crime Commission can be found on the Commission Website at www.ccc.wa.gov.au. Corruption and Crime Commission Postal Address PO Box 7667 Cloisters Square PERTH WA 6850 Telephone (08) 9215 4888 1800 809 000 (Toll Free for callers outside the Perth metropolitan area.) Facsimile (08) 9215 4884 Email [email protected] Office Hours 8.30 a.m. to 5.00 p.m., Monday to Friday CORRUPTION AND CRIME COMMISSION Hon Nicholas Griffiths MLC Hon Grant Woodhams MLA President of the Legislative Council Speaker of the Legislative Assembly Parliament House Parliament House Harvest Terrace Harvest Terrace PERTH WA 6000 PERTH WA 6000 Dear Mr President Dear Mr Speaker In accordance with sections 84 and 93(1) of the Corruption and Crime Commission Act 2003, the Commission presents the Corruption and Crime Commission Report on the Investigation of Alleged Public Sector Misconduct in Connection with the Activities of Lobbyists and Other Persons: The Hon Anthony David McRae MLA and Mr Rewi Edward Lyall.
    [Show full text]
  • Metropolitan Region Scheme Amendment 1027/33 - Whiteman Park and Environs - Disallowance
    METROPOLITAN REGION SCHEME AMENDMENT 1027/33 - WHITEMAN PARK AND ENVIRONS - DISALLOWANCE Motion Pursuant to standing order 152(b), the following motion by Hon Giz Watson was moved pro forma on 8 May – That metropolitan region scheme amendment 1027/33, Whiteman Park and Environs, published in the Government Gazette on 30 March 2007 and tabled in the Legislative Council on 4 April 2007 under the Planning and Development Act 2005, be and is hereby disallowed. HON GIZ WATSON (North Metropolitan) [9.13 pm]: We are dealing tonight with a disallowance motion in relation to Whiteman Park and environs. As members will know, metropolitan region scheme amendments usually include a number of specific proposals. This amendment deals with five proposals, and I intend to talk about the second proposal in some detail. This proposal has drawn opposition from a significant number of people contributing to the planning process. Of a total of 35 submissions received, 24 were opposed to the second proposal, to transfer 249 hectares of park and recreation reservation from the southern portion of Whiteman Park, referred to as the Marshall Road precinct, and 82 hectares of adjoining rural zoned land to the urban zone. It is unfortunate that when dealing with metropolitan region scheme amendment, the house has no option other than to disallow the whole amendment. It is worth noting that the first proposal in the amendment had broad support. That proposal was to transfer 1 081 hectares of rural zone land adjoining the western boundary of Whiteman Park to the parks and recreation reservation. I will talk a little more about that in a minute.
    [Show full text]
  • P1694b-1707A Hon Alan Cadby; Hon Barbara Scott; Deputy Chairman; Hon Graham Giffard; Hon Derrick Tomlinson; the Deputy Chairman (; Hon Dr Chrissy Sharp
    Extract from Hansard [COUNCIL - Tuesday, 6 April 2004] p1694b-1707a Hon Alan Cadby; Hon Barbara Scott; Deputy Chairman; Hon Graham Giffard; Hon Derrick Tomlinson; The Deputy Chairman (; Hon Dr Chrissy Sharp WESTERN AUSTRALIAN COLLEGE OF TEACHING BILL 2003 Committee The Deputy Chairman of Committees (Hon Simon O’Brien) in the Chair; Hon Graham Giffard (Parliamentary Secretary to the Minister for Education and Training) in charge of the Bill. Clause 1: Short title - Hon ALAN CADBY: The aim of this Bill is to promote and enhance the teaching profession in Western Australia for teachers who work in both government and non-government schools. Without doubt, the success of the Western Australian College of Teaching will depend on teachers working together with a common goal - namely, to enhance their profession. As this Bill has been developed, constant attacks on independent schools have been made by the Australian Education Union and the Labor Minister for Education and Training, Mr Alan Carpenter. It makes me wonder about the success of the College of Teaching if there will be such friction within the college, particularly between the 19 board members. It is important that Minister Carpenter realises that he has done some damage with his constant attacks. I note today that he has not accepted that he has done anything wrong. However, I have first-hand knowledge that he has done damage. For the benefit of the college, teachers and, in the end, the students whom teachers teach, Minister Carpenter should try to mend some of the bridges he has demolished over the past two or three years.
    [Show full text]
  • P3705d-3726A Hon Graham Giffard; Hon Norm Kelly; Hon Giz Watson; Hon Mark Nevill; Hon Helen Hodgson; Hon Ken Travers; Hon Ed Dermer; Hon Peter Foss; President
    Extract from Hansard [COUNCIL - Thursday, 23 November 2000] p3705d-3726a Hon Graham Giffard; Hon Norm Kelly; Hon Giz Watson; Hon Mark Nevill; Hon Helen Hodgson; Hon Ken Travers; Hon Ed Dermer; Hon Peter Foss; President METROPOLITAN REGION SCHEME - NORTH WEST DISTRICTS OMNIBUS (NO. 4) Motion for Disallowance Pursuant to Standing Order No 152(b), the following motion by Hon G.T. Giffard was moved pro forma on 18 October - That the Metropolitan Region Scheme - North West Districts Omnibus (No. 4) tabled in the Legislative Council on 10 October 2000 be, and is hereby, disallowed. HON G.T. GIFFARD (South Metropolitan) [11.58 pm]: A number of planning issues characterise the general performance of this Government. I will comment specifically in this debate on amendment No 25 in this omnibus amendment, which relates to the future use of the Scarborough Senior High School site. The approach of the Government in this debate has had a touch of arrogance. It has been deficient in the handling of the process, and has failed to reflect the community’s needs and aspirations or even to listen to the community vitally affected by this decision. In the ministerial statement that was delivered on 10 October, the Attorney General representing the Minister for Planning said with regard to this amendment that the proposal that generated the most public submissions was the rezoning of the Scarborough Senior High School site to urban, which attracted 41 objections ranging from the alternative uses for the facilities to the amount of open space. The Attorney General then said that in response, the Minister for Education has advised that a grant of $2.2m will be made to build the new community facilities, while a minimum of 30 per cent public open space is suggested for the site.
    [Show full text]
  • Legislative Council
    Legislative Council Thursday, 5 May 2005 THE PRESIDENT (Hon John Cowdell) took the Chair at 10.00 am, and read prayers. INTERGOVERNMENTAL AGREEMENT ON THE REFORM OF COMMONWEALTH-STATE FINANCIAL RELATIONS, INQUIRY BY STANDING COMMITTEE Notice of Motion Hon Simon O’Brien gave notice that at the next sitting of the house he would move - That the Standing Committee on Uniform Legislation and General Purposes do inquire into and report on the Intergovernmental Agreement on the Reform of Commonwealth-State Financial Relations including - (a) the implementation of that agreement; (b) any reviews required by that agreement; (c) the possible impact of any matters proposed or arising under any review; and (d) any related issues the committee considers appropriate. SITTINGS OF THE HOUSE - EXTENDED BEYOND 5.00 PM Motion HON KIM CHANCE (Agricultural - Leader of the House) [10.04 am] - without notice: I move - That the house sit beyond 5.00 pm for the purpose of considering the One Vote One Value Bill 2005. Question put and a division taken with the following result - Ayes (16) Hon Kim Chance Hon Adele Farina Hon Kevin Leahy Hon Ljiljanna Ravlich Hon Robin Chapple Hon Jon Ford Hon Lynn MacLaren Hon Christine Sharp Hon Kate Doust Hon Graham Giffard Hon Dee Margetts Hon Giz Watson Hon Sue Ellery Hon Nick Griffiths Hon Louise Pratt Hon Ed Dermer (Teller) Noes (13) Hon Alan Cadby Hon Peter Foss Hon Norman Moore Hon Bruce Donaldson (Teller) Hon George Cash Hon Ray Halligan Hon Simon O’Brien Hon Murray Criddle Hon Barry House Hon Barbara Scott Hon Paddy Embry Hon Robyn McSweeney Hon Derrick Tomlinson Pair Hon Ken Travers Hon Bill Stretch Question thus passed.
    [Show full text]
  • [COUNCIL - Tuesday, 24 May 2005] 2081
    [COUNCIL - Tuesday, 24 May 2005] 2081 LOCAL GOVERNMENT (ELECTIONS) AMENDMENT REGULATIONS (NO 2) 2005, DISALLOWANCE Notice of Motion HON RAY HALLIGAN (North Metropolitan) [7.37 pm]: Mr President, I also offer my congratulations on your elevation to the exalted position of President of this house. I seek leave to give a notice of motion. Leave granted. Hon RAY HALLIGAN: I give notice that at the next sitting of the house I will move - That the Local Government (Elections) Amendment Regulation (No 2) 2005 published in the Government Gazette on 18 March 2005 and tabled in the Legislative Council on 5 April 2005 under the Local Government Act 1995 be and is hereby disallowed. SHIRE OF NORTHAM EXTRACTIVE INDUSTRIES LOCAL LAW 2004, DISALLOWANCE Notice of Motion Hon Ray Halligan, by leave, gave notice that at the next sitting of the house he would move - That the Shire of Northam Extractive Industries Local Law 2004 published in the Government Gazette on 8 February 2005 and tabled in the Legislative Council on 5 April 2005 under the Local Government Act 1995 be and is hereby disallowed. CLAUSE 3.4 OF THE CITY OF ALBANY JETTIES, BRIDGES AND BOAT PENS LOCAL LAW 2004, DISALLOWANCE Notice of Motion Hon Ray Halligan, by leave, gave notice that at the next sitting of the house he would move - That clause 3.4 of the City of Albany Jetties, Bridges and Boat Pens Local Law 2004 published in the Government Gazette on 31 January 2005 and tabled in the Legislative Council on 5 April 2005 under the Local Government Act 1995 be and is hereby disallowed.
    [Show full text]