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Legislative Council 7743 LEGISLATIVE COUNCIL Thursday 5 December 2002 ______ The President (The Hon. Dr Meredith Burgmann) took the chair at 11.00 a.m. The President offered the Prayers. BUSINESS OF THE HOUSE Precedence of Business Motion by the Hon. John Della Bosca, on behalf of the Hon. Michael Egan, agreed to: That on Thursday 5 December 2002 Government Business take precedence of General Business. TREASURY ESTIMATES OF ELECTION COMMITMENTS Motion by the Hon. Duncan Gay agreed to: 1. That, under Standing Order 18, there be laid on the table of the House by 5.00 p.m. on Tuesday 10 December 2002 and made public without restricted access all documents not previously released in the possession, custody and power of the Treasurer, the Office of Financial Management and the New South Wales Treasury relating to Treasury estimates of election commitments, including: (a) Treasury's costing of the Coalition's Water Tanks policy, (b) Treasury's costing of the Coalition's Grafton bridge promise, (c) Treasury's costing of the Coalition's Seaforth Roundabout promise, (d) Treasury's costing of the Coalition's country public libraries promise, (e) Treasury's costing of Government election promises, (f) Treasury's forward estimates for the Department of Health, (g) Treasury's forward estimates for the Department of Education, (h) Treasury's forward estimates for the Department of Community Services, (i) Treasury's forward estimates for the Police Department, (j) Treasury's forward estimates for the Department of Housing, (k) Treasury's forward estimates for the Department of Transport, (l) Treasury's forward estimates for the Roads and Traffic Authority, (m) Treasury's forward estimates for the Department of Public Works, (n) Treasury's costing of the Governments' water tank rebate commitment. 2. That an indexed list of all documents tabled under this resolution be prepared showing the date of creation of the document, a description of the document and the author of the document. 3. That anything required to be laid before the House by this resolution may be lodged with the Clerk of the House if the House is not sitting, and unless privilege is claimed, is deemed for all purposes to have been presented to or laid before the House and published by authority of the House. 4. Where a document required to be tabled under this order is considered to be privileged and should not be made public or tabled: (a) a return is to be prepared and tabled showing the date of creation of the document, a description of the document, the author of the document and reasons for the claim of privilege, (b) the documents are to be delivered to the Clerk of the House by the date and time required in paragraph 1 and: (i) made available only to members of the Legislative Council, (ii) not published or copied without an order of the House. 5. (a) Where any member of the House, by communication in writing to the Clerk, disputes the validity of a claim of privilege in relation to a particular document, the Clerk is authorised to release the disputed document to an independent legal arbiter, for evaluation and report within five days as to the validity of the claim. (b) The independent legal arbiter is to be appointed by the President and must be a Queen's Counsel, a Senior Counsel or a retired Supreme Court Judge. (c) A report from the independent legal arbiter is to be lodged with the Clerk of the House, and: (i) made available only to members of the Legislative Council, (ii) not published or copied without an order of the House. 7744 LEGISLATIVE COUNCIL 5 December 2002 HEALTH CLAIMS AND CONSUMER PROTECTION ADVISORY COMMITTEE Motion by the Hon. Richard Jones agreed to: 1. That, under Standing Order 18, there be laid on the table of the House by 5.00 p.m. on Tuesday 10 December 2002 and made public without restricted access: (a) all documents in the possession, custody and power of the Minister for Health for the years 2000, 2001 and 2002 in relation to the development and establishment of the Committee now known as the Health Claims and Consumer Protection Advisory Committee, announced by the Minister for Health on 31 October 2002, (b) all documents in the possession, custody and power of the Minister for Health in relation to the development of the Draft Terms of Reference for the Health Claims and Consumer Protection Advisory Committee, (c) all correspondence between NSW Health and Committee members, advisors and the Committee Secretariat including: (i) Professor John Dwyer (ii) Dr Greg Stewart, (iii) Karen Crawshaw, (iv) John Lumby, (v) Maureen Robinson, (vi) Dr Ian O'Rourke, (vii) Professor Felix Wong, (viii) Sarah Crawford, (ix) Dr John Eden, (x) Si Banks, (xi) Brian Given, (xii) Rose Webb, (xiii) Rusty Priest, (ixx) Norah McGuire, (xx) Dr Sharon Miskell, (xxi) Simon Loveday, (xxii) Val Johanson, (xxiii) Karen Bridgman, (xxiv) AACMA, (xxv) Mary Crum, (xxvi) Cheryl Freeman, and (xxvii) Peter Bowditch. 2. That an indexed list of all documents tabled under this resolution be prepared showing the date of creation of the document, a description of the document and the author of the document. 3. That anything required to be laid before the House by this resolution may be lodged with the Clerk of the House if the House is not sitting, and unless privilege is claimed, is deemed for all purposes to have been presented to or laid before the House and published by authority of the House. 4. Where a document required to be tabled under this order is considered to be privileged and should not be made public or tabled: (a) a return is to be prepared and tabled showing the date of creation of the document, a description of the document, the author of the document and reasons for the claim of privilege, (b) the documents are to be delivered to the Clerk of the House by the date and time required in paragraph 1 and: (i) made available only to members of the Legislative Council, (ii) not published or copied without an order of the House. 5. (a) Where any member of the House, by communication in writing to the Clerk, disputes the validity of a claim of privilege in relation to a particular document, the Clerk is authorised to release the disputed document to an independent legal arbiter, for evaluation and report within 5 days as to the validity of the claim. (b) The independent legal arbiter is to be appointed by the President and must be a Queen's Counsel, a Senior Counsel or a retired Supreme Court Judge. (c) A report from the independent legal arbiter is to be lodged with the Clerk of the House, and: (i) made available only to members of the Legislative Council, (ii) not published or copied without an order of the House. 5 December 2002 LEGISLATIVE COUNCIL 7745 PARLIAMENTARY ETHICS ADVISER Motion by the Hon. John Della Bosca, on behalf of the Hon. Michael Egan, agreed to: That: (1) this House directs the President to join with the Speaker to make arrangements for the appointment of Mr Ian Dickson as Parliamentary Ethics Adviser, on a part-time basis, on such terms and conditions as may be agreed from the period beginning 13 December 2002, (2) the function of the Parliamentary Ethics Adviser shall be to advise any member of Parliament, when asked to do so by that member, on ethical issues concerning the exercise of his or her role as a member of Parliament (including the use of entitlements and potential conflicts of interest), (3) the Parliamentary Ethics Adviser is to be guided in giving this advice by any Code of Conduct or other guidelines adopted by the House (whether pursuant to the Independent Commission Against Corruption Act or otherwise), (4) the Parliamentary Ethics Adviser's role does not include the giving of legal advice, (5) the Parliamentary Ethics Adviser shall be required to keep records of advice given and the factual information upon which it is based, (6) the Parliamentary Ethics Adviser shall be under a duty to maintain the confidentiality of information provided to him in that role and the advice given, but that the Parliamentary Ethics Adviser may make advice public if the member who requested the advice gives permission for it to be made public, (7) this House shall only call for the production of records of the Parliamentary Ethics Adviser if the member to which the records relate has sought to rely on the advice of the Parliamentary Ethics Adviser or has given permission for the records to be produced to the House, (8) the Parliamentary Ethics Adviser is to meet with the Standing Ethics Committee of each House annually, (9) the Parliamentary Ethics Adviser shall be required to report to the Parliament prior to the end of his annual term on the number of ethical matters raised with him, the number of members who sought his advice, the amount of time spent in the course of his duties and the number of times advice was given, (10) the Parliamentary Ethics Adviser may report to the Parliament from time to time on any problems arising from the determinations of the Parliamentary Remuneration Tribunal that have given rise to requests for ethics advice and proposals to address these problems. Message forwarded to the Legislative Assembly requesting it to pass a similar resolution. TABLING OF PAPERS The Hon. Michael Costa tabled the following paper: Annual Reports (Statutory Bodies) Act 1984—Report of Motor Vehicle Repair Industry Council for year ended 30 June 2002. Ordered to be printed.
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