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Legislative Council 3903 LEGISLATIVE COUNCIL Thursday 27 June 2002 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 10.00 a.m. The President offered the Prayers. OFFICE OF THE OMBUDSMAN Report The President announced, pursuant to the Ombudsman Act 1974, the receipt of a special report entitled "Speedometers and Speeding Fines—A Review of Police Practice", dated June 2002. The President announced that she had authorised that the report be made public. PRESIDENT OF THE LEGISLATIVE COUNCIL PERSONAL DOCUMENTS THEFT The PRESIDENT: Since becoming President, I have allowed the President's Dining Room to be used by all members of Parliament for community and other purposes. During one of these functions documents were stolen from my staff member's desk. Among them were my personal banking records. On 27 May I was approached by a member of the parliamentary press gallery saying that he had been shown my personal banking records amid allegations that I was using my credit card to pay for official functions in order to gain frequent flyer points. I explained that these were my personal dining room accounts and had nothing to do with my official status as President. I have since ascertained that a considerable number of parliamentarians pay their parliamentary dining room bill by credit card. I have asked the Clerk of the Parliaments to institute an inquiry into the theft of the documents, and have called for the videotapes of that part of the Parliament to be analysed. On Thursday 20 June another member of the press gallery contacted me and told me that the same documents, including my personal banking records, had been left on their seat in the press gallery. I explained to the journalist that no taxpayers' money was involved, and that journalist also concluded that there was no issue. I commend the members of the press gallery, who have behaved totally ethically in contacting me. I am sure they did not know that the documents were the result of a theft. If analyses of the tapes are conclusive, I will certainly press charges against whoever stole these documents and abused my hospitality in such a way. STANDING COMMITTEE ON PARLIAMENTARY PRIVILEGE AND ETHICS Report: Person Referred to in the Legislative Council (Councillor D. Jones) The Hon. HELEN SHAM-HO [10.10 a.m.]: I move: That the House adopt report No. 17 entitled, "Report on person referred to in the Legislative Council (Councillor D. Jones)", dated June 2002. Ms LEE RHIANNON [10.11 a.m.]: I wish to place on the record that the Greens respect and appreciate the citizen's right of reply process. It is important for citizens to have an avenue if they have been aggrieved by a statement made under privilege. Mr Jones is entitled to his reply, and the Greens are not seeking to impede it. I have only brief comments to make on his reply. In his statement in reply, Mr Jones does not introduce any new information or a detailed rebuttal of my original speech. There is little to respond to. I certainly stand by the comments I have made in this House on previous occasions, and the Greens will continue to work to address the wave of complaints emanating from the ratepayers of Warringah. One specific point with which I must take issue, however, is that Mr Jones has stated that I "alleged the serious claims of … complicity in the death of a developer …" Anyone who reads my original speech will see that this is absolutely not the case. I referred to the tragic death of a local developer, and I deliberately stated that the police ruled his death to be a suicide. His death occurred in the midst of the other events that I described. 3904 LEGISLATIVE COUNCIL 27 June 2002 This is quite different from accusing Mr Jones of being complicit in his death. I have no information to indicate that his death was other than suicide, and I have never suggested otherwise. I believe that it is quite irresponsible, and displays a callous attitude towards the family of the deceased, to misconstrue my comments in this manner. The Hon. HELEN SHAM-HO [10.13 a.m.]: I will reiterate to Ms Lee Rhiannon that in matters of a citizen's right of reply the Committee does not judge the truth or otherwise of a statement made by honourable members or persons. To be fair to Mr Jones, part of his response to this House states: I respectfully submit that the allegations are untruthful and without any foundation, and I deny categorically that I have had any involvement in the actions alleged or indeed have any prior knowledge of the allegations. In relation to bribery of Councillors, the Independent Commission Against Corruption has not brought this matter to my attention at any time in the past. The Commission has advised there are no investigations being conducted into the allegations by the Honourable Lee Rhiannon. In relation to complicity in the death of a developer, the NSW Police Service has not been asked to conduct an investigation into the matter and the Service has advised there is no investigation in relation to the allegation. As to the claim of intimidation and harassment of residents, as Mayor and Councillor I seek to guide any resident who comes to me for assistance. I deny any intimidation or harassment of any person. As to obstruction and delay of development applications, I endeavour to assist any person who seeks to invest in our area. My Council has an excellent reputation in facilitating economic growth and statistics released annually by the Department of Local Government show Warringah as having the best processing times for development applications amongst those councils on the northern beaches peninsula. Motion agreed to. Pursuant to the resolution the response of Councillor Jones was incorporated. ______ In accordance with paragraph 1 of the Legislative Council resolution of 13 November 1997 I make this submission on the basis that my good reputation and dealings and associations with others have been adversely affected by the statements made to the Legislative Council by the Honourable Lee Rhiannon MLC on 9 April 2002. The Honourable Lee Rhiannon alleged the serious claims of bribery of councillors, complicity in the death of a developer, intimidation and harassment of residents, and obstruction and delay of development applications and named me as being associated with these actions. I respectfully submit that the allegations are untruthful and without any foundation, and I deny categorically that I have had any involvement in the actions alleged or indeed have any prior knowledge of the allegations. In relation to bribery of Councillors, the Independent Commission Against Corruption has not brought this matter to my attention at any time in the past. The Commission has advised there are no investigations being conducted into the allegations by the Honourable Lee Rhiannon. In relation to complicity in the death of a developer, the NSW Police Service has not been asked to conduct an investigation into the matter and the Service has advised there is no investigation in relation to the allegation. As to the claim of intimidation and harassment of residents, as Mayor and Councillor I seek to guide any resident who comes to me for assistance. I deny any intimidation or harassment of any person. As to obstruction and delay of development applications, I endeavour to assist any person who seeks to invest in our area. My Council has an excellent reputation in facilitating economic growth and statistics released annually by the Department of Local Government show Warringah as having the best processing times for development applications amongst those councils on the northern beaches peninsula. ______ STANDING COMMITTEE ON STATE DEVELOPMENT Report The Hon. Tony Kelly, as Chairman, tabled report No. 25 entitled "Redevelopment and Remediation of the Rhodes Peninsula", dated June 2002, together with minutes of proceedings, transcripts of evidence, submissions and correspondence. Report ordered to be printed. The Hon. TONY KELLY [11.16 a.m.]: I move: That the House take note of the report. Debate adjourned on motion by the Hon. Tony Kelly. PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT BILL Second Reading Debate adjourned from 26 June. Ms LEE RHIANNON [10.17 a.m.]: This bill repeals the existing Public Sector Management Act 1988 and replaces it with new legislation to regulate the public sector. The Greens will not oppose the bill. We understand that the Government engaged in genuine consultation with the relevant unions, including the Public 27 June 2002 LEGISLATIVE COUNCIL 3905 Service Association and the Labor Council of New South Wales, and that their opinions are to some extent reflected in the version of the bill that is now before this Parliament. Consultation with the legitimate representatives of the public sector work force is important as this bill will have a far-reaching impact on fundamental working conditions such as discipline, the movement of staff across the public sector and the employment of temporary and casual employees. While the Greens do not oppose this bill, we have some concerns in respect of a number of these changes and also in respect of opportunities lost by this bill. The Greens accept the need to manage conduct and performance, and to establish disciplinary procedures to protect the public interest. However, we are committed to the rights of all workers, including public sector workers, to fair and reasonable treatment and to their right to be protected from management harassment and persecution. Specifically, we are concerned that the objectives of part 2.7 of the bill, which refers to management of conduct and performance, do not seek to protect the rights of workers, against, for example, false and vexatious accusations, harassment or bullying.
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